I-65 North Overlay Zoning District Document

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NOTE: The Boone County Area Plan Commission (APC) steadfastly refused for more than four months to post a copy of the proposed Overlay District document on its website. On August 19, the APC finally posted the proposed Overlay District document on the APC website at http://www.boonecounty.in.gov/Default.aspx?tabid=63.

Please send an E-mail to taxless3@comcast.net if you wish to receive a more "reader friendly" PDF version of the document below via an E-mail attachment.

Interstate 65 (I-65) North Overlay Zoning District

Text Amendment -1
Add the subsequent Sections A-R to Section V. (Overlay Districts) of the Boone County Zoning
Ordinance.

A. Interstate 65 (I-65) North Corridor Overlay District

Purpose, Intent and Authority.

The purpose of the Interstate 65 North Corridor Overlay District is to promote and protect the public
health, safety, comfort, convenience and general welfare by providing for consistent and coordinated
treatment of the properties bordering Interstate 65, Boone County, Indiana, from the City of Lebanon
north to the County border. The Area Plan Commission (APC), in establishing this District, are relying
on IC 36-7-4-600 et seq. and IC 36-7-4-1400 et seq.

This overlay zoning district is, likewise, intended to serve as a tool for implementing the development
policies and guidelines set for the Corridor in the 2009 Boone County Comprehensive Plan. Interstate
65 is a limited access interstate highway and an important business corridor to Boone County. The I-
65 North Corridor is a premier office and industrial business location and employment center whose
viability, quality, and character are important to the community as a whole, adjacent residents,
employees, business owners, and taxing districts. Therefore, it is the further purpose of the Interstate
65 North Overlay District to preserve the aesthetic qualities of those bordering properties through:

(1) the promotion of coordinated development in the I-65 North Overlay District;

(2) the establishment of high standards for buildings, landscaping, and other improvements
constructed on the properties within the I-65 North Overlay District which permit innovative
site designs and at the same time encourage efficient land usage; and

(3) the establishment of development requirements which will encourage substantial capital
investments for the development of those properties and promote the quality, scale, and
character of development consistent with the Corridor's existing and planned uses. This
Ordinance further seeks to foster development that will provide this district with a special
sense of place that will increase property values, protect real estate investment, spur
commercial activity, and attract new businesses. More specifically, the creation of this special
sense of place shall be encouraged by means of a coordinated set of design principles for
buildings, site planning, landscaping and signage. These principles are intended to guide
individual development activities so that they will work together visually in support of the
common architectural theme described below.

B. District Boundaries.

The boundaries of the I-65 North Overlay District are hereby established as follows:

Beginning at the Boone County/Clinton County border on the South Right of Way (ROW) of County Road
950 North, thence N 90 00 00 W six hundred (600) feet of the Interstate 65 (I65) West (Southbound lanes)
right-of-way, proceeding S 00 00 00 E (600) feet, parallel with Interstate 65 at a distance of six hundred
(600) feet from the Interstate 65 right-of-way, thence S 89 49 06 E 633.75 to a point measuring six
hundred (600) feet from the right-of-way of County Road 950 North, proceeding S 86 35 33E 430.76 feet,
parallel with County Road 950 North at a distance of six hundred (600) feet to the County Road 950 North
right-of way, proceeding S 35 41 50 E 243.80 feet, parallel with Interstate 65 at a distance of six hundred
(600) feet from the Interstate 65 right-of-way, thence S 30 05 04 E 541.38 feet, thence S 00 19 45 E
1324.40 feet maintaining parallel with Interstate 65 at a distance of six hundred (600) feet from the
Interstate 65 right-of-way, proceeding S 22 37 50 E 461.38 feet, thence S 67 36 04 E 456.97 feet ,
proceeding N 89 24 56 E 690.29 feet, thence S 27 26 02 E 2511.17 feet maintaining parallel with Interstate
65 at a distance of six hundred (600) feet from the Interstate 65 right-of-way, proceeding S 13 58 20 E
247.45 feet, thence S 25 28 27 E 2779.38 feet, thence S 70 07 04 E 162. 95 feet, proceeding S 31 18 25 E
952.03 feet maintaining parallel with Interstate 65 at a distance of six hundred (600) feet from the Interstate
65 right-of-way, proceeding S 35 31 17 E 8390.62 feet to a point measuring two thousand six hundred forty
(2637) feet north of State Road 47 right of way, thence curving right maintaining parallel with Interstate 65
at a distance of six hundred (600) feet from the Interstate 65 right-of-way extending north, across State
Road 47 to a point measuring six hundred (600) feet north of the State Road 47 right of way, proceeding
west N 89 54 45 W 1248.00 feet, parallel to State Road 47 at a distance of six hundred (600) feet to the
State Road 47 right-of way, thence S 00 07 31 E 1364.38 feet to a point measuring six hundred (600) feet
from the State Road 47 south right-of way, thence S 89 53 52 E 1002.50 feet, proceeding S 74 45 05 E
148.75 feet, thence S 88 37 08 E 430.38 feet, thence S 35 24 32 E 287.95 feet, thence S 71 36 18 E 312.20
feet to a point parallel with Interstate 65 at a distance of six hundred (600) feet from the Interstate 65 west
right-of-way, proceeding S 13 27 58 E 7118.71 feet maintaining parallel with Interstate 65 at a distance of
six hundred (600) feet from the Interstate 65 right-of-way, proceeding S 17 20 57 E 13,843.75 feet, thence
S 25 44 00 E 879.45 feet, thence S 17 03 00 E 474 feet , thence S 23 00 09 E 377.5 feet, proceeding S 11
25 41 E 598 feet, thence with a slight deflection to the right maintaining parallel with Interstate 65 at a
distance of six hundred (600) feet from the Interstate 65 right-of-way generally S 04 59 35 E 2715.57 feet,
thence S 22 33 25 E 300.80 feet to the north corporate boundary for the City of Lebanon thence following
that north boundary over the next (23) courses (1) S 89 53 06 E 817.75 feet (2) N 13 55 51 W 403.50 feet
(3) N 11 50 52 W 378.75 feet (4) N 07 22 21 W 549 feet (5) N 41 11 56 E 39 feet (6) N 00 48 26 W 1402
feet (7) slight deflection to the right but generally N 08 36 08 W 715 feet (8) N 80 00 00 E 600 feet (9) N
34 38 48 W 1289.30 feet (10) N 41 51 54 W 481 feet (11) N 18 18 32 W 729.25 feet (12) with a slight
deflection to the left but generally N 03 12 39 E 611.50 feet (13) N 12 27 19 W 291 feet (14) N 24 36 17 W
364.30 feet (15) N 52 22 25 W 416 feet (16) N 18 12 25 W 858 feet (17) N 90 00 00 E 33.50 feet (18) N 72
00 00 E 30.50 feet (19) N 49 41 55 E 55.50 feet (20) N 72 15 46 E 37 feet (21) N 82 34 19 E 114.50 feet
(22) N 71 59 11 E 111 feet (23) N 62 59 48 E 261 feet, thence leaving the north corporate boundary of the
City of Lebanon N 18 09 17 W 10,828 feet to the center of county road 450N maintaining parallel with
Interstate 65 at a distance of six hundred (600) feet from the Interstate 65 right-of-way , proceeding N 12
46 57 W 7285 feet, thence N 44 36 07 E 273.75 feet, thence S 89 58 39 E 1382 feet, thence N 00 10 30 E
673 feet, thence N 90 00 00 W 57 feet, thence N 00 01 01 W 730 feet, thence N 89 52 34 W 1531.50 feet,
thence with a slight deflection to the right but generally N 39 42 51 W 853.65 feet, thence curving to the
left to a point N 19 05 48 W 2196.11 feet maintaining parallel with Interstate 65 at a distance of six
hundred (600) feet from the Interstate 65 right-of-way , proceeding N 34 46 09 W 2595 feet, thence N 18
22 33 W 587 feet, thence N 85 15 42 W 148.50 feet, thence N 34 05 59 W 3501 feet, thence N 13 54 27 E
101.75 feet, thence N 44 34 13 W 556 feet, proceeding N 34 31 07 W 1091 feet, thence N 26 24 43 E 461
feet, thence N 00 15 21 W 590 feet, thence N 28 30 00 W 573 feet, thence N 57 26 39 W 1204 feet, thence
N 39 38 53 W 954 feet, thence N 27 22 23 W 3165 feet, thence N 33 58 48 W 2157 feet, thence S 88 42 49
E 255.50 feet, thence N 00 00 00 E 600 feet, thence S 89 49 34 W 2511.50 feet to the point of beginning.

C. APC Approval.
Except as hereafter provided, the APC must approve, approve with conditions, or disapprove the
Development Plan for any commercial (office or retail) or industrial use of any parcel or tract of land in
the Overlay District, per the provisions of Section VI of this Ordinance. A public hearing shall be held
by the APC before it decides whether to approve or disapprove a Development Plan. However, no
Development Plan is required for the following:
1.Additions to existing structures which:
a. Are attached to the existing structure which do not exceed fifty percent (50%) of the
original gross floor or continue the architectural design of the existing structure,
including exterior color and materials; doors and windows, and other detailing;
b. Have received a prior Development Plan approval from the APC.
c. Buildings or structures to be constructed on lots that are part of a commercial or industrial
subdivision receiving primary plat approval by the APC prior to the effective date of this
Ordinance.
d. Single Family Residential Uses (New Multi-family development require a development plan) or
Agricultural Uses.
e. New Accessory Structures which do not exceed 1,000 sq. ft. gross floor area and continue
the architectural design of the existing structures of prior approved development
plans for existing building on the property.

D. Permitted Uses.
All uses which are permitted by right, special exception/development plan “SD Approval”,
Development Plan as found in Table 2, Authorized Use Table which classifies which land uses are
allowed in the underlying primary zoning district(s), except the uses which are expressly excluded by
Section E. of this ordinance. The standards of the Interstate 65 North Overlay will be reviewed
concurrently during development plan portion of any required Special Exception/Development Plan
“SD” approval process found in Table 2, Authorized Uses.

E. Excluded Uses.
The following uses will not be permitted in the I-65 North Overlay District:
Anhydrous Ammonia or Similar Liquefied Fertilizer Storage & Distribution
Auction Sales
Automotive Sales
Cemetery or Crematory
Commercial Facility for Breeding Non-Farm Fowl & Animals
Commercial Testing Laboratories
Junk Yard
Liquefied Petroleum Gas, Bottle Gas Dealers
Liquor Store
Manufacturing Use, or Storage of Explosives, including sale of fireworks
Mobile Home Park
Monument Sales
Mortuary
Night Club
Off-Premises Signs
Outdoor Shooting Range, Public or Private
Penal or Correctional Institutions
Public Camp Ground or Recreational Vehicle Park
Roadside Produce Stand
Slaughter House
Storage & Dismantling of Disabled Vehicles
Tavern
Tobacco Stores
Truck Freight Terminal
Truck Service Center
Warehousing, Storage, or Recycling of Hazardous Waste
Warehousing, Storage, or Recycling of Radioactive Waste

F. Primary and Accessory Uses

New Primary Buildings and Uses
In no case shall there be more than one principal structure and associated accessory structure located
on one lot; except that principal structures designated and platted as a single unit under single
ownership and control, such as multifamily developments, shopping centers, and combined industrial
operations may be permitted on one lot in accordance with the provisions of this ordinance.

Accessory Buildings and Uses.
All Accessory Buildings and uses which are permitted in the underlying primary zoning district(s) shall
be permitted, except that any attached or detached Accessory Building in any Development Plan shall
have on all sides the same building proportions, architectural features, construction materials, and in
general be architecturally compatible with the Principal Building(s) with which it is associated.

G. Development Standards

Minimum Tract Size.
The minimum tract size allowed within the Overlay District is 130,680 square feet (3 acres). A parcel
that is less than three acres will be allowed only if it is part of a Development Plan that includes land
totaling more than three acres. For tracts located only partially within the Overlay District, a
Development Plan shall be submitted to the APC for the entire tract to be developed. If a parcel of
land or subdivision lot was recorded prior to the effective date of this overlay, and said parcel or lot
does not contain the minimum area required by this Paragraph, said parcel or lot (“Undersized Lot”)
may be used for any use permitted in the Overlay District provided that all other development
requirements applicable to the Overlay District can be met. This Paragraph does not preclude the sale
or other transfer of any parcel of land within a tract after the approval of a Development Plan for the
entire tract. However, the development of the parcel must still conform to the Development Plan for
the entire tract as approved or amended by the APC, and all other applicable requirements contained
in the Zoning Ordinance.

Height and Yard Requirements.
The purpose of this Section is to provide site design requirements that align buildings along the edges
of a parcel, with the front façade facing towards the public right-of-way of the Interstate 65 North
Corridor. It is the intent of these regulations to orient new office and retail buildings with their longest
axis parallel to the adjoining highway or street to create a sense of enclosure along the streets, with
parking located to the rear, and, if necessary, to the side of a building.

Building Height:
1. Minimum: The height of new principal buildings shall be at least one and one-half (1½)
stories, or be designed to appear so from the front and sides. Retail and office buildings are
encouraged to be two (2) stories or more in height, with office or residential uses on the
second floor. The minimum height for all buildings shall be twenty (20) feet, either at the
roofline or at the top of the parapet wall.
a. Maximum: As specified in primary underlying zoning district.
2. Front Yard: As specified in the development standards of the underlying primary
zoning district in which the site is located.
3. Minimum Side and Rear Yards:
As specified in the development standards of the underlying primary zoning district in
which the site is located.
4. Minimum Gross Floor Area:
All principal commercial buildings shall have a minimum of two thousand five hundred
(2,500) square feet of gross floor area, excluding the floor area of any basement or any
accessory buildings. Accessory buildings need not meet the minimum floor area requirement.
5. Primary Structure Orientation:
The façades of all primary structures located within the I-65 North Overlay District and facing
and parallel to Interstate 65. The new buildings shall contain at least one (1)
main building entrance of the type described in Section J.4 below. Unless otherwise approved
by the APC, loading docks shall not be located on a façade facing and parallel to Interstate 65.

H. Architectural Design Requirements.
A required Development Plan shall depict the architectural design of building(s) to be constructed in
the development subject thereto. In reviewing such architectural design, the APC shall consider the
following factors:

1. Building Design:
Evaluation of the appearance of a project shall be based on the quality of its design and relationship to
surroundings. New buildings are not required to be imitative, but must incorporate the desired salient
features. Pre-existing buildings on adjoining tracts shall not be a factor in the design of new buildings
unless they are consistent with the architectural objectives of the Overlay District.

2. Building Façades:
To avoid long, monotonous, uninterrupted walls or roof planes, building façades ninety (90) feet or
greater in width shall incorporate changes in pattern, texture or color. Façades constructed of more
than one material shall only change material along a horizontal or vertical line (not a diagonal line). In
the case of a change along a horizontal line, the heavier material shall always be placed beneath the
lighter material. Front and side façades of buildings located on corner lots or parcels shall be of the
same materials and similarly detailed.

3. Roofs:
Flat roofs shall be edged by a railing or parapet and rooftop mechanical equipment shall either be
camouflaged on all sides or visually integrated into the overall design of the building. In no case shall
rooftop mechanical equipment be visible from adjoining residential zones or uses.

4. Entrances:
Building entrances shall be defined and articulated by architectural elements such as lintels, pediments,
pilasters, columns, and other design elements appropriate to the architectural style and details of the
building as a whole. The location, orientation, proportion and style of doors must faithfully reflect the
chosen style of the building. Building façades for industrial and warehouse uses shall be designed with
a main entrance and at least two (2) window openings associated with this doorway.

5. Windows:
All window design shall be compatible with the style, materials, color, details and proportion of the
building. The number of panes, the way it opens, the trim around it and whether it is embellished with
shutters must be consistent with the architectural style of the structure.

6. Awnings:
Fixed or retractable awnings are permitted if they complement a building's architectural style,
material, colors, and details; do not conceal architectural features (such as cornices, columns, pilasters,
or decorative details); do not impair façade composition; and are designed as an integral part of the
façade.

I. Additional Requirements for Retail and Commercial Buildings:
The following additional requirements shall be applicable to any buildings in the I-65 North
Overlay District having office and retail as the principal use:
a. Storefronts: Storefronts shall be integrally designed with overall facade character. Ground floor
retail, service and restaurant uses should generally have large pane display windows, however,
they shall not exceed seventy-five percent (75%) of the total ground level (first floor) facade
area. Buildings with multiple storefronts shall be of unified design, through the use of common
materials, architectural details, signage and lighting consistent with the overall building style.
b. Drive-thru windows: Drive-thru windows shall be designed as a related, integrated
architectural element and part of the overall design composition of the building. Stacking
for drive-thru lanes shall be confined to the side or rear of the tract or parcel with outlet from
such lines also being to the rear of the building. Lines for drive-thru facilities shall not be
permitted along the front and sides of structures within the Overlay District, nor permitted to
spill onto adjoining properties.
c. Roofs: Except as hereinafter provided, roofs shall be simply and symmetrically pitched
and only in the configuration of gables and hips, with pitches ranging from 4:12 to 14:12. Shed
roofs are permitted only when the ridge is attached to an exterior wall of a building, and shall
conform to pitch between 14:12 and 4:12. Flat roofs are permitted when consistent with the
style of architecture, and if they meet the requirements of Section J.3 above. Pitched roofs shall
be clad in wood shingles, slate, asphalt shingle or standing-seam metal panels. Asphalt shingles
shall be colored to resemble gray slate; standing-seam panels may be either gray, black, dark
blue, dark green or barn red. Dormers if appropriate to the style shall be designed with the
correct details, proportion and style consistent with the overall building composition, and roofed
with symmetrical gable, hip or barrel roofs. Belvederes, cupolas, and pergolas are permitted if
appropriate to the style, well proportioned, and fully detailed. All vents, attic ventilators,
turbines, flues and others roof penetrations must be painted to match the color of the roof or flat
black, except those made of metal which may be left natural. Gutters and downspouts shall be
appropriate to or visually integrated with the architectural style of the structure.

J. Suitability of exterior building materials:
Unless otherwise approved by the APC, exterior building materials shall be as follows:
Exposed foundation shall be constructed of one or more of the following:
1. Red brick;
2. Stone (limestone, granite, fieldstone, etc.);
3. Split-face block or architectural pre-cast concrete, if surface looks like brick or stone.
4. Façade walls of buildings (other than industrial buildings and warehouse facilities) shall be
constructed of one or more of the
following materials:
a. Red brick or stone;
b. Smooth cut cedar shingles;
c. Wood clapboard siding;
d. Wood beaded siding;
e. Stucco with smooth finish, or dryvit (or equivalent), not to exceed twenty percent (20%)
of the overall non-window façade area;
f. Architectural metal panels;
g. Glass (up to 75% of the façade area); and
h. Façade walls of industrial buildings and warehouse facilities, including self-storage and
mini-warehouse uses, visible from Interstate 65 shall be constructed of one or more of:
i. Red brick façades trimmed with split-faced aggregate block (of a color and texture
resembling Indiana limestone), provided that it also includes red brick accents (such
as windowsills, lintels above windows and doorways, building corners, parapet coping, etc.).
j. Split-face aggregate block (of a color and texture resembling Indiana limestone) provided that
it also incorporates red brick accents.
k. Pre-cast concrete wall panels of a color and texture resembling either red brick or
Indiana limestone, provided the building design also incorporates architecturally
appropriate details of contrasting color and material.
l. Architectural metal panels;
m. Glass (up to 75% of the façade area); and
n. Ornamental metal.
o. The use of accent and trim elements (accent panels, banding, cornices, canopies/awnings, etc.)
is recommended to add visual interest and break down the scale of facades. Permitted
building trim materials include: brick, clay, stone, simulated cut stone, tile
(ceramic or porcelain), wood, glass, painted aluminum and formed polymers.
p. Color: Colors used on building facades must be complementary. Natural, muted colors
(earth tones or neutral colors) should serve as the primary façade color, with brighter colors
used only as accents.

K.Landscaping Plan; Required Screening.
1.Landscaping Plan.
The applicant shall submit a Landscaping Plan as part of the Development Plan to the APC. This plan
shall be drawn to scale, including dimensions and distances; shall delineate all existing and proposed
structures, private parking areas, walks, ramps for the handicapped, terraces, driveways, signs, lighting
standards, steps, storm water facilities and other similar structures; and shall delineate the location, size
and description of all landscape material and the method to be used for the watering or irrigation of all
planting areas. Landscape treatment for plazas, roads, paths, service and private parking areas and
storm water areas shall be designed as an integral and coordinated part of the Landscaping Plan for the
entire site. The Landscaping Plan shall be consistent with the requirements of Section IV.Q of the
Zoning Code.

2. Screening.
All air conditioning units, HVAC systems, exhaust pipes or stacks, overhead doors, outside storage
areas (where permitted by the underlying zoning district), trash collection areas, and satellite dishes
shall be integrated into the overall building design or screened from view from Interstate 65 or
adjoining residential zones or uses using (i) walls, fencing, parapets or screens architecturally
compatible with the principal building(s) with which they are associated, (ii) landscaping) or
camouflage, or (iii) other approved method.

3.Landscaping Installation and Maintenance.
a. Installation. All landscaping approved as part of the Landscaping and/or Development Plan shall
be installed prior to the issuance of a Certificate of Occupancy by the Department.
b. Maintenance. It shall be the responsibility of the owners and their agents to insure
proper maintenance of all trees, shrubs and other landscaping approved as part of the
Landscaping and Development Plans in accordance with the standards set by this Ordinance.
This is to include, but is not limited to, replacing dead plantings with identical varieties or
a suitable substitute, irrigation and mulching of planting areas, and keeping the area free of
refuse, debris, rank vegetation and weeds.
c. Changes after Approval. No landscaping which has been approved by the APC may later
be substantially altered, eliminated or sacrificed without first obtaining further APC approval.
However, minor material alterations in landscaping may be approved by the Executive Director
in order to conform to specific site conditions. The Executive Director, or authorized
agent thereof, may visit any tract within the Overlay District to inspect the landscaping and
check it against the approved plan on file.

L. Parking Requirements:
All lots are subject to the Parking Standards found in Section 4, subsection P. of the Zoning
Ordinance.

M.Lighting Requirements.
1. Lighting Plan.
A Lighting Plan, meeting the following standards, for the proposed development shall be filed
as part of the Development Plan.
2. Design.
All lighting standards, including those on buildings, security lights and architectural
lights within the development area shall be of uniform design and materials. Parking lot
and streetlights shall also be of uniform height not to exceed thirty (30) feet. Luminaries
for such lights shall be in proportion to the pole diameter and height. All lights within
gas station canopies and adjacent to residential areas shall be of a “down lighting” type
with the light element completely shielded on all sides and top. The APC may
approve decorative lighting should it be more appropriate to the overall site design.
3. Intensity.
Lighting shall not cause illumination beyond any residential lot line or road right-of-way line
in excess of 0.1 foot-candle of light. Lighting shall not cause illumination beyond any non-
residential tract or parcel line or road right-of-way line in excess of 0.3 foot-candle of light.

Loading Berths.
Loading berths and trash collection areas shall be permitted per the needs of the business
establishments and shall be identified on the Development Plan. Loading berths and overhead doors
shall be encouraged to face to the rear of all buildings. Should a loading berth be located adjacent to or
visible from a public right-of-way, it shall be screened per APC approval.

Emergency Access.
All emergency access areas and facilities shall be shown on the Site Plan and reviewed by the location
appropriate Fire Chief (Center Township, Washington Township, Sugar Creek Township, Thorntown).

Access to Individual Lots.
The streets that are considered by their functional nature as primary thoroughfares must have
reasonable restrictions as to the number and location of access points within the Overlay Zone.
Interstate 65 represents a total barrier to east-west streets. Therefore, in order to provide safe and
efficient traffic movement to and from adjacent lands and to protect the functional integrity of the
corridor’s primary thoroughfares, in many cases the building of frontage roads, access roads, or
distributor roads will be required. Such roads shall be coordinated with those of contiguous lots and
designed to preserve the aesthetic benefits provided by greenbelt and other landscaped areas. Access at
the side or rear of buildings is to be encouraged. New access points onto the primary thoroughfare in
the corridor shall be coordinated with existing access points whenever possible.

N.Signs.
1. On-Premise Signs.
A Sign Plan for the proposed development shall be submitted to the APC as part of
the Development Plan. Signs for each proposed use shall be uniform in character as to color
and architectural design as approved by the APC. Should an approved Sign Plan be replaced
with a new design, the amended Sign Plan must go before the APC for review and approval.
Individual signs which conform to both the Sign Ordinance and to the approved Sign Plan
shall not require further approval, however, such signs shall require a sign permit.

2. Off-Premise (Outdoor Advertising) Signs.
a. Off-Premise Signs shall not be permitted in the I-65 Overlay District. This does not
prohibit incidental signs located at the entrances to commercial or industrial subdivisions.

O. Restrictions on Open Material Storage
In the event, any parcel of land seeks the use of open material storage on the property, the use of open
material storage will have the following limitations and restrictions:
1) The outside storage will be located in the rear of the primary structure on the
property, specifically located in the rear yard of the lot clearly outside of the viewshed
of Interstate 65.
2) No more than 50% of the gross floor area of the Primary Structure can be utilized
as open material storage on the property (Example: A hardware store consisting of
30,000 square feet, shall not exceed an open material storage of more than 15,000 square feet).
3) The outdoor storage will be enclosed by appropriate screening by an 10’ opaque wall or
vegetation hedges or shrubs which is a minimum of 8’ or 10’ in height to provide
appropriate shield from adjoining properties.

P. Restriction on Fuel Sales and Drive-In Restaurants
1. Fuel sales shall have no more than eight (8) vehicle fueling dispensers.
2. Fuel sales shall be screened in accordance with the parking lot landscaping standards cited in
Boone County Zoning Ordinance.
3. No more than (2) of the following types of land uses: fuel sales, fast-food or drive-in restaurant
shall be located on a site, lot or parcel within two thousand (2,000) feet of any other site, lot or
parcel occupied by another use of fuel sales, fast-food or drive-in restaurant, with such
distance measured along and/or across one (1) or more public highway rights-of-way.

Q.Conforming Uses.
A Development Plan shall be submitted to the APC for its approval when a legal non-conforming use is
changed to a conforming use and when either:
1. Any new building is to be constructed; or
2. Any existing building or site development (including addition of parking lot) is expanded by
more than fifty percent (50%).

Non-Conforming Uses.
A Development Plan shall be submitted to the APC for its approval when a legal non-conforming use is
altered as follows:
1. A building has been more than fifty percent (50%) destroyed.
2. Any expansion of a building or site development (including addition of parking lot).
Normal maintenance and repair is exempt from the Development Plan approval requirement.
3. If property or building is vacated for more than one (1) year.

R. Variance Procedure for Development Standards
Building Materials Findings
a. The BZA may grant a Variance of the Development Requirements of this Ordinance and approve the
use of alternate exterior Building materials on any facade of a Building upon finding that:
1. . the Building materials utilized represent an innovative use of said materials which enhance
the overall aesthetic exterior character of the Building and will not be detrimental to the use
or value of area properties; or
2. the Building materials utilized are appropriate when compared to the Building materials
utilized on other Buildings on the site and surrounding sites; or
3. the Building materials utilized are consistent with and compatible with other Building
materials utilized on, and with the overall exterior character of, other Buildings and
development located along the Street; and the Building materials utilized are consistent with
the intent and purpose of this Ordinance.

Text Amendment -2 –Amend Section 11 Definition to add the following definitions:

Auction Sales- A publicly held sale at which property or goods are sold to the highest bidder.

Automotive Sales- Automotive Sales is a business that sells new or used cars at the retail level with
ancillary use on the facility providing maintenance and repair services. No storage of parts or
inoperable vehicles may be stored on the unenclosed portion or the property.

Contractors Storage- A storage yard and maintenance of equipment and supplies outside of a building

Liquor Store-A store that sells alcoholic beverages for consumption off-premises.

Mobile Home, Travel Trailer, Camper Sales & Service-The sale of new or used Mobile Homes, Travel
Trailers, Camper Sales including the ancillary use of maintenance and repair service. No storage of
parts or inoperable vehicles may be stored on the unenclosed portion or the property.

Monument Sales- The primary sales of an inscribed marker placed at a grave; a tombstone.

Mortuary- A place, especially a funeral home, where dead bodies are kept before burial or cremation.

Open Material Storage-The keeping in an unenclosed area of any goods, supplies, junk, material,
merchandise or vehicles in the same place for more than twenty-four (24) hours.

Outdoor Shooting Range, Public or Private- An unenclosed firing range with targets for rifle or
handgun (firearms) practice.

Penal or Correctional Institutions- A place for the confinement of persons in lawful detention,
especially persons convicted of crimes, or awaiting trial. Includes work release facilities and half-way
houses.

Self-Storage/Mini-Storage Units- A facility which provides for Self storage units to be rented to
tenants, usually on a monthly basis. A self- storage business provides rooms, lockers, containers, and/or
outdoor space in which tenants can store and access their goods.

Tavern- An establishment for the sale of beer and other drinks to be consumed on the premises, that
may also serve food.

Tobacco Stores- A retail store in which the predominant use (defined as being at least 75%) of the
items available for sale or consumption are tobacco or related products.

Warehousing, Storage, or Recycling of Radioactive Waste-Radioactive fuel elements, assemblies, etc.
generated by utility companies; military, industrial and commercial production as defined by the
Atomic Energy Act of 1954 as amended and administered by the Nuclear Regulatory Commission. Any
radioactive material whether gaseous, liquid, or solid and associated carrier materials whether gaseous,
liquid or solid which has been declared "de minimus" and no longer under control of the NRC. Such
material may or may not be designated hazardous by the EPA.

Text Amendment 3- Add Establishment of Zoning Districts above Table 2, Authorized Uses found in
the Boone County Zoning Ordinance.

ESTABLISHMENT OF ZONING DISTRICTS. For zoning purposes, the territory within the Boone
County Area Plan Commission is hereby divided into the following classes of districts, which either
exist or are proposed to exist within the jurisdiction of the Area Plan Commission. Each of the zoning
districts stands alone and is not part of a hierarchy-system of zoning. Only those land uses and
standards that are expressly permitted and indicated in Table 2, Authorized uses for each zoning
district are to be considered by APC for approval. Any use not listed in the Table 2, Authorized Use is
hereby prohibited in the Area Plan Commission jurisdiction. These zoning districts, including Overlay
Districts, are graphically represented on the Official Zoning Map dated March 28, 2012.

This page was last updated on 08/20/13.