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Fulton County

Zone Ordinance

Effective Date: January 2008

Amended October 2018

Fulton County City of Rochester Town of Akron Town of Kewanna Town of Fulton

Table of Contents

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Article Five: Development Standards

Fulton County Zoning Ordinance 5-9.5 Telecommunications Facilities - Wireless (TF) 5- 5-9.6 Temporary Uses, Structures and Buildings (TU) 5- 5-9.7 Miscellaneous (MS) 5- Section Ten - Fulton Development Standards 5-10.0 Interpretation 5- 5-10.1 Accessory Structures Standards (AS) 5- 5-10.2 Adult Entertainment Business Standards (BY) 5- 5-10.3 Parking Standards (PK) 5- 5-10.4 Residential Facilities for the Mentally Ill (RF) 5- 5-10.5 Telecommunications Facilities - Wireless (TF) 5- 5-10.6 Temporary Uses, Structures and Buildings (TU) 5- 5-10.7 Miscellaneous (MS) 5- 5-10.8 Temporary Sign Standards (TS) 5- 5-10.9 Permanent Sign Standards (SI) 5- Section Eleven - Airport Overlay Development Standards 5-11.0 Interpretation 5- 5-11.1 Height Standards 5- 5-11.2 Lighting Standards 5- 5-11.3 Water Hazards 5- Article Six: Administration 6-1.1 Administrative Officer 6- 6-1.2 Effect on Vacation of Zoning 6- 6-1.3 Summary of Powers and Duties of the Legislative 6- Bodies of Fulton County 6-1.4 Summary of Powers and Duties of the Plan Commission 6- 6-1.5 Technical Review Committee (TRC) 6- 6-1.6 Summary of Powers and Duties of the Divisions of the 6- Board of Zoning Appeals Article Seven: Processes, Permits, and Fees Section One - Fulton County 7-1.0 Interpretation 7- 7-1.1 Intent 7- 7-1.2 Types of Petitions 7- 7-1.3 Transition Rules 7- 7-1.4 Processes per Type of Petition 7- Section Two - Town of Kewanna 7-1.0 Interpretation 7- 7-1.1 Intent 7- 7-2.2 Types of Petitions 7- 7-2.3 Processes per Type of Petition 7- Section Three - Town of Fulton 7-3.0 Interpretation 7- 7-3.1 Intent 7- 7-3.2 Types of Petitions 7- 7-3.3 Processes per Type of Petition 7- Article Eight: Nonconforming Structures, Lots, and Uses

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Table of Contents

Table of Contents

Article One Basic Provisions

Article O n e: B a s ic P r o visions 1- Article One Basic Provisions 1-1.1 Title This Ordinance shall be formally known as the "Fulton County Zoning Ordinance," and it may be cited and referred to as the "Zoning Ordinance." 1-1.2 Defined Words Words used in a special sense in this Ordinance are defined in Article Ten. 1-1.3 Authority This Zoning Ordinance is adopted by the required legislative bodies of Fulton County pursuant to its authority under the laws of the State of Indiana, 36-7-4 et seq. Whenever codes cited in this ordinance refer to Indiana Code which has been amended or superseded, this Ordinance shall be deemed amended in reference to the new or revised code. 1-1.4 Purpose This Ordinance is intended to guide the growth and development of Fulton County in accordance with the Fulton County Comprehensive Plan and for the following purpose. A. To secure adequate light, air, and convenience of access; and safety from fire, flood, and other dan- gers; B. To promote the public health, safety, comfort, convenience, morals and general welfare; C. To plan for the future development of the County to the end: a. That the community grows only with adequate public ways, utility, health, educational, and recre- ational facilities; b. That the needs of agriculture, industry, and business be recognized in future growth; c. That residential areas provide healthful surroundings for family life; d. That the growth of the community is commensurate with and promotes the efficient and economi- cal use of public funds; and e. That the community strive for high aesthetic value, quality planning and design. 1-1.5 Compliance Compliance with the terms and provision of this Ordinance shall be a prerequisite for the use and devel- opment of real property within Fulton County. Failure to comply with the terms and provisions of this Ordinance shall be deemed to be a civil zoning violation enforceable by the Plan Commission or the Board of Zoning Appeals. No structure shall be located, erected, constructed, reconstructed, moved, altered, converted, or enlarged; nor shall any structure or land be used or existing use be expanded, except in full compliance with all provisions of this Ordinance and after the lawful issuance of all permits and certificates required by this Ordinance. 1-1.6 Severability If any provision of this Ordinance or the application of any provision to particular circumstances is held unconstitutional or invalid by the courts, the remainder of the Ordinance or the application of such provi- sion to other circumstances shall not be affected. 1-1.7 Interpretation The provisions of this Ordinance shall be held to be the minimum requirements for the protection of the health, safety, comfort, morals, convenience, and general welfare of the people at large, and are designed

1-4 Fulton County Z o n ing O r d inance to encourage the establishment and maintenance of reasonable community standards for the physical environment. If two or more provisions within this ordinance are in conflict or are inconsistent with one another, then the provision which is most restrictive shall control. 1-1.8 Jurisdiction Area This Ordinance shall apply to all land within Fulton County, Indiana. 1-1.9 Application It is not intended by this Ordinance to interfere with, abrogate or amend any existing easements, cove- nants, or other agreements, between parties, nor is it intended by this Ordinance to repeal, abrogate, annul, or in any way interfere with any existing provisions of laws or ordinances or any rules, regulations, or permits previously adopted or issued pursuant to law relating to the use of building or premises. Where this Ordinance imposes a greater restriction upon the use of buildings or premises than is imposed or required by such existing provisions of law or by such rules, regulations, agreements, covenants, or permits, the provisions of this Ordinance shall control; but where private covenants, permits, agreements, rules or regulations impose a greater restriction than is imposed by this Ordinance, the greater restriction shall control. 1-1.10 Repealer The Fulton County and the City of Rochester, Indiana, do hereby repeal the Fulton County Advisory Comprehensive Plan, Fulton County Advisory Zoning and Subdivision Ordinances, the Fulton County Advisory Official Zone Map, the City of Rochester Comprehensive Plan, the City of Rochester Zoning and Subdivision Ordinances, and the City of Rochester Official Zone Map. The aforementioned Zoning Ordinance and the referenced Official Zoning Map shall replace the repealed ordinances as well as shall replace all of the sections and provisions of the repealed ordinances which appear and are incor- porated in the Fulton County and City of Rochester Code of Ordinances of Fulton County and the City of Rochester, Indiana, as of the adoption and effective date. 1-1.11 Amendments In accordance with I.C. 36-7-4-602, the legislative bodies within Fulton County may amend or partially repeal the text of this Ordinance or they may amend the zoning maps of this Ordinance as follows: The legislative bodies within Fulton County or the Plan Commission may initiate a proposal to amend or partially repeal the text according to the procedure of I.C. 36-7-4-602(b) and I.C. 36-7-4-607 and accord- ing to the Commission Rules and Procedures. The legislative bodies within Fulton County, the Plan Commission, or at least fifty percent (50%) of the affected property owners may initiate a petition to change the zoning maps according to the procedure of I.C. 36-7-4-602(c) and I.C. 36-7-4-608 and according to the Commission rules. In its review of the text and zone map amendments, the legislative bodies within Fulton County and the Plan Commission shall pay reasonable regard to: A. The most recently adopted Comprehensive Plan B. Current conditions and the character of structure and uses in each district. C. The most desirable use for which the land in each district is adapted. D. The conservation of property values throughout the jurisdiction. E. Responsible development and growth. F. The public health safety and welfare. 1-1.12 Effective Date This Ordinance shall be in full force and in effect at 12:01 am, on January 1st, 2008. The effective date is based on the passage and notice of adoption as required by law. Certified by the Plan Commission of

1-6 Fulton County Z o n ing O r d inance dismissed; or, b. If the proposed use or development requires additional approvals from the Board of Zoning Appeals pursuant to the terms of this Ordinance and were not required under the previous Ordi- nances, such application will be amended to include only those additional approvals which are required and within the jurisdiction of the Board of Zoning Appeals. D. Property Splits. All new building sites shall meet the requirements of this Ordinance unless: a. A building permit is issued and is still valid, or b. A parcel was approved as a buildable lot by the Fulton County Advisory Plan Commission or the Rochester City Advisory Plan Commission, or its designees, or the Fulton County Advisory BZA or the Rochester City Advisory BZA, prior to the effective date of this Ordinance. 1-1.15 Exclusion Nothing in this Ordinance or in any rules, regulations, or orders issued pursuant to this Ordinance shall be deemed to restrict or regulate or to authorize any unit of government, legislative body, Plan Commission, or Board of Zoning Appeals now or hereafter established, to restrict or regulate the exercise of the power of eminent domain by the State of Indiana or by any agency of the State of Indiana, or the use of property owned or occupied by the State of Indiana or any agency of the State of Indiana. 1-1.16 Unlisted or Questionable Land Uses Any use not listed as a Permitted Use or Special Exception is considered Non-Permitted unless the Plan Commission or Plan Administrator makes a determination otherwise. The Plan Commission or Plan Administrator may determine into which category any questionable use be placed if not specifically listed and is similar to another use that is Permitted or a Special Exception. This determination may be ap- pealed to the Board of Zoning Appeals. 1-1.17 Infrastructure and Utility Easements Infrastructure and utility easements, including but not limited to those providing for roadways, railroad lines, pipelines, electric power lines, telephone lines, relay stations, water lines, pumping stations, sewer lines, lift stations, and the like, shall be exempt from the provisions of this Ordinance. Bus stations, railway terminals, gas storage tanks, power stations, treatment plants, and the like, shall be subject to all use and development standards regulations of this Ordinance.

• 1-1.1 Title 1- Article One: Basic Provisions
• 1-1.2 Defined Words 1-
• 1-1.3 Authority 1-
• 1-1.4 Purpose 1-
• 1-1.5 Compliance 1-
• 1-1.6 Severability 1-
• 1-1.7 Interpretation 1-
• 1-1.8 Jurisdiction Area 1-
• 1-1.9 Application 1-
• 1-1.10 Repealer 1-
• 1-1.11 Amendments 1-
• 1-1.12 Effective Date 1-
• 1-1.13 Saving Provision 1-
• 1-1.14 Transition Rules 1-
• 1-1.15 Exclusion 1-
• 1-1.16 Unlisted or Questionable Land Uses 1-
• 1-1.17 Infrastructure and Utility Easements 1-
• 2-1.1 Establishment of Districts 2- Article Two: General Zoning Districts
• 2-1.2 District Land Uses 2-
• 3-1.1 Official Zoning Map 3- Article Three: Zone Map
• 3-1.2 Official Zoning Map Copies 3-
• 3-1.3 Location of the Official Zoning Map 3-
• 3-1.4 Zoning District Boundaries 3-
• 3-1.5 Regular Revisions 3-
• 3-1.6 Damaged, Destroyed, or Lost Official Zoning Map 3-
• 3-1.7 Official Zoning Map Standards 3-
• 3-1.8 Zoning of Newly Annexed Land 3-
• 4-1.1 “AG” District Intent, Permitted Uses, and Special Exception Uses 4- Article Four: Zone Districts
• 4-1.2 “AG” District Standards 4-
• 4-1.3 “AP” District Intent, Permitted Uses, and Special Exception Uses 4-
• 4-1.4 “AP” District Standards 4-
• 4-1.5 “RR” District Intent, Permitted Uses, and Special Exception Uses 4-
• 4-1.6 “RR” District Standards 4-
• 4-1.7 “SR” District Intent, Permitted Uses, and Special Exception Uses 4-
• 4-1.8 “SR” District Standards 4-
• 4-1.9 “R1” District Intent, Permitted Uses, and Special Exception Uses 4-
• 4-1.10 “R1” District Standards 4-
• 4-1.11 “R2” District Intent, Permitted Uses, and Special Exception Uses 4-
• 4-1.12 “R2” District Standards 4-
• 4-1.13 “R3” District Intent, Permitted Uses, and Special Exception Uses 4-
• 4-1.14 “R3” District Standards 4-
• 4-1.15 “KW” District Intent, Permitted Uses, and Special Exception Uses 4-
• 4-1.16 “KW” District Standards 4-
• 4-1.17 “MP” District Intent, Permitted Uses, and Special Exception Uses 4-
• 4-1.18 “MP” District Standards 4- Table of Contents
• 4-1.19 “IR” District Intent, Permitted Uses, and Special Exception Uses 4-
• 4-1.20 “IR” District Standards 4-
• 4-1.21 “HD” District Intent, Permitted Uses, and Special Exception Uses 4-
• 4-1.22 “HD” District Standards 4-
• 4-1.23 “DC” District Intent, Permitted Uses, and Special Exception Uses 4-
• 4-1.24 “DC” District Standards 4-
• 4-1.25 “HC” District Intent, Permitted Uses, and Special Exception Uses 4-
• 4-1.27 “HC” District Standards 4-
• 4-1.28 “VC” District Intent, Permitted Uses, and Special Exception Uses 4-
• 4-1.29 “VC” District Standards 4-
• 4-1.30 “GC” District Intent, Permitted Uses, and Special Exception Uses 4-
• 4-1.32 “GC” District Standards 4-
• 4-1.33 “IN” District Intent, Permitted Uses, and Special Exception Uses 4-
• 4-1.35 “IN” District Standards 4-
• 4-1.36 “IU” District Intent, Permitted Uses, and Special Exception Uses 4-
• 4-1.37 “IU” District Standards 4-
• 4-1.38 “AO” District Intent, Permitted Uses, and Special Exception Uses 4-
• 5-1.0 Interpretation 5- Section One - General Development Standards
• 5-1.1 Introduction 5-
• 5-1.2 Development Standards that Apply 5-
• 5-1.3 Lot/Yard Standards (LY) 5-
• 5-1.4 Wind Energy Conversion (WEC) System Standards (WE) 5-
• 5-1.5 Solar Energy Systems (SES) Standards (SE) 5-
• 5-1.6 Height Standards (HT) 5-
• 5-1.7 Performance Standards (PS) 5-
• 5-1.8 Environmental Standards (EN) 5-
• 5-1.9 Floodplain Standards (FP) 5-
• 5-1.10 Home Occupation Standards (HO) 5-
• 5-1.11 Telecommunication Facilities Standards (TF) 5-
• 5-1.12 General Sign Standards (GS) 5-
• 5-2.0 Interpretation 5- Section Two- Agricultural District (AG)
• 5-2.1 Accessory Structure Standards (AS) 5-
• 5-2.2 Privacy Fence (Privacy Wall) (FN) 5-
• 5-2.3 Temporary Use/Structure Standards (TU) 5-
• 5-2.4 Lighting Standards (LT) 5-
• 5-2.5 Parking Standards (PK) 5-
• 5-2.6 Loading Standards (LD) 5-
• 5-2.7 Entrance/Drive Standards (ED) 5-
• 5-2.8 Vision Clearance Standards (VC) 5-
• 5-2.9 Miscellaneous Standards (MS) 5-
• 5-2.10 Temporary Sign Standards (TS) 5-
• 5-2.11 Permanent Sign Standards (SI) 5-
• 5-3.0 Interpretation 5- Section Three- Agricultural Protection District (AP)
• 5-3.1 Accessory Structure Standards (AS) 5-
• 5-3.2 Privacy Fence (Privacy Wall) (FN) 5-
• 5-3.3 Temporary Use/Structure Standards (TU) 5- Fulton County Zoning Ordinance
• 5-3.4 Lighting Standards (LT) 5-
• 5-3.5 Parking Standards (PK) 5-
• 5-3.6 Loading Standards (LD) 5-
• 5-3.7 Vision Clearance Standards (VC) 5-
• 5-3.8 Miscellaneous Standards (MS) 5-
• 5-3.9 Temporary Sign Standards (TS) 5-
• 5-3.10 Permanent Sign Standards (SI) 5-
• 5-4.0 Interpretation 5- Section Four - Residential Districts (RR, SR, R1, R2, & R3)
• 5-4.1 Accessory Structure Standards (AS) 5-
• 5-4.2 Fences and Walls (FN) 5-
• 5-4.3 Temporary Use/Structure Standards (TU) 5-
• 5-4.4 Public Improvement Standards (PI) 5-
• 5-4.5 Landscaping Standards (LS) 5-
• 5-4.6 Lighting Standards (LT) 5-
• 5-4.7 Parking Standards (PK) 5-
• 5-4.8 Entrance/Drive Standards (ED) 5-
• 5-4.9 Vision Clearance Standards (VC) 5-
• 5-4.10 Telecommunication Facilities Standards (TF) 5-
• 5-4.11 Miscellaneous Standards (MS) 5-
• 5-4.12 Temporary Sign Standards (TS) 5-
• 5-4.13 Permanent Sign Standards (SI) 5-
• 5-5.0 Interpretation 5- Section Five- Manufactured Park District (MP)
• 5-5.1 Accessory Structure Standards (AS) 5-
• 5-5.2 Fences and Walls (FN) 5-
• 5-5.3 Temporary Use/Structure Standards (TU) 5-
• 5-5.4 Public Improvement Standards (PI) 5-
• 5-5.5 Open Space Standards (OS) 5-
• 5-5.6 Landscaping Standards (LS) 5-
• 5-5.7 Buffer Yard Standards (BY) 5-
• 5-5.8 Lighting Standards (LT) 5-
• 5-5.9 Parking Standards (PK) 5-
• 5-5.10 Entrance/Drive Standards (ED) 5-
• 5-5.11 Vision Clearance Standards (VC) 5-
• 5-5.12 Telecommunication Facilities Standards (TF) 5-
• 5-5.13 Miscellaneous Standards (MS) 5-
• 5-5.14 Temporary Sign Standards (TS) 5-
• 5-5.15 Permanent Sign Standards (SI) 5-
• 5-6.0 Interpretation 5- Section Six- Institutional/Recreational District (IR)
• 5-6.1 Accessory Structure Standards (AS) 5-
• 5-6.2 Fences and Walls (FN) 5-
• 5-6.3 Temporary Use/Structure Standards (TU) 5-
• 5-6.4 Landscaping Standards (LS) 5-
• 5-6.5 Lighting Standards (LT) 5-
• 5-6.6 Parking Standards (PK) 5-
• 5-6.7 Loading Standards (LD) 5-
• 5-6.8 Entrance/Drive Standards (ED) 5-
• 5-6.9 Vision Clearance Standards (VC) 5- Table of Contents
• 5-6.10 Telecommunications Standards (TF) 5-
• 5-6.11 Miscellaneous Standards (MS) 5-
• 5-6.12 Temporary Sign Standards (TS) 5-
• 5-6.13 Permanent Sign Standards (SI) 5-
• 5-7.0 Interpretation 5- Section Seven- Commercial Districts (HD, DC, VC, HC, GC, IN, IU)
• 5-7.1 Accessory Structure Standards (AS) 5-
• 5-7.2 Fences and Walls (FN) 5-
• 5-7.3 Temporary Use/Structure Standards (TU) 5-
• 5-7.4 Buffer Yard Standards (BY) 5-
• 5-7.5 Landscaping Standards (LS) 5-
• 5-7.6 Lighting Standards (LT) 5-
• 5-7.7 Parking Standards (PK) 5-
• 5-7.8 Loading Standards (LD) 5-
• 5-7.9 Entrance/Drive Standards (ED) 5-
• 5-7.10 Vision Clearance Standards (VC) 5-
• 5-7.11 Telecommunications Standards (TF) 5-
• 5-7.12 Adult Uses Standards (AU) 5-
• 5-7.13 Miscellaneous Standards (MS) 5-
• 5-7.14 Temporary Sign Standards (TS) 5-
• 5-7.15 Permanent Sign Standards (SI) 5-
• 5-8.0 Interpretation 5- Section Eight - Akron Development Standards
• 5-8.1 Accessory Structures Standards (AS) 5-
• 5-8.2 Adult Entertainment Business Standards (BY) 5-
• 5-8.3 Landscaping (LN) 5-
• 5-8.4 Lot/Yard Standards (LY) 5-
• 5-8.5 Mobile Dwelling Parks (MP) 5-
• 5-8.6 Off-Street Loading Standards (LD) 5-
• 5-8.7 Off-Street Parking Standards (PK) 5-
• 5-8.8 Open Space (OS) 5-
• 5-8.9 Outdoor Operations (OO) 5-
• 5-8.10 Residential Facilities for the Mentally Ill (RF) 5-
• 5-8.11 Streets (Private), Interior Access Driveways, and Interior 5-
• 5-8.12 Telecommunications Facilities - Wireless (TF) 5- Access Drives (SD)
• 5-8.13 Temporary Uses, Structures and Buildings (TU) 5-
• 5-8.14 Vision Clearance (VC) 5-
• 5-8.15 On-Premise Signs: Commercial, Industrial 5-
• 5-8.16 On-Premise Signs: DC - Downtown District 5- Districts (Except for the TC - Town Center District)
• 5-8.17 On-Premise Signs: Residential Districts 5-
• 5-8.18 Off-Premise Advertising Signs 5-
• 5-9.0 Interpretation 5- Section Nine - Kewanna Development Standards
• 5-9.1 Accessory Structures Standards (AS) 5-
• 5-9.2 Adult Entertainment Business Standards (BY) 5-
• 5-9.3 Parking Standards (PK) 5-
• 5-9.4 Residential Facilities for the Mentally Ill (RF) 5-
• 8-1.1 Intent 8-
• 8-1.2 Distinction Between Illegal Nonconforming 8-
• 8-1.3 Nonconforming Buildings, Structures, and Uses of Land 8- and Legal Nonconforming
• 8-1.4 Side and Rear Yard Setback Exceptions 8-
• 8-1.5 Nonconforming Lots of Record 8-
• 8-1.6 Nonconforming Uses of Structures, Land, or Structures and 8-
• 8-1.7 Repairs and Maintenance 8- Land in Combination
• 8-1.8 Avoidance of Undue Hardship. 8-
• 8-1.9 Nonconforming Signs 8-
• 9-1.1 Authority 9- Article Nine: Enforcement and Penalties
• 9-1.2 Violations 9-
• 9-1.3 Inspection of Property 9-
• 9-1.4 Responsibility of Violations 9-
• 9-1.5 Liability 9-
• 9-1.6 Violations During the Construction/Building Process 9-
• 9-1.7 Types of Violations 9-
• 9-1.8 Procedure for Violations 9-
• 9-1.9 Fines and Penalties 9-
• 9-1.10 Appeals or Trials 9-
• 9-1.11 Enforcement, Remedies and Injunctive Relief 9-
• 10-1.1 BZA Division Establishment 10- Article Ten: Board of Zoning Appeals
• 10-1.2 Membership 10-
• 10-1.3 Officers, Members, and Employees 10-
• 10-1.4 Territorial Jurisdiction 10-
• 10-1.5 Powers and Duties 10-
• 10-1.6 Rules and Procedures 10-
• 10-1.7 Hearings 10-
• 10-1.8 Appearances 10-
• 10-1.9 Order of Business 10-
• 10-1.10 Official Action 10-
• 10-1.11 Appeals 10-
• 10-1.12 Special Exceptions 10-
• 10-1.13 Development Standards Variances 10-
• 10-1.14 Appeals of Administrative Decisions 10-
• 10-1.15 Exclusion 10-
• 10-1.16 Amendments 10-
• 10-1.17 Approval 10-
• 11-1.1 General: 11- Article Eleven: Definitions
• 11-1.2 Defined Words: 11-
• Article O n e: B a s ic P r o visions 1-

Article Two General Zone Districts