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NOTICE OF PUBLIC HEARING Notice is hereby given, that the Kosciusko County Area Plan Commission shall hold a public hearing to discus the amendments and revisions of the following sections of the Kosciusko County Zoning Ordinance; ARTICLE 1 - That the Kosciusko County Zoning Ordinance be amended and revised as follows: Sec. 2.15 * Thirty five (35) feet where a yard adjoins, abuts, faces, or is in close proximity, (35 feet or less), to a lake or waterway, this measurement shall be taken from the shoreline as determined by the Kosciusko County Surveyors office, the Department of Natural Recourses, or the Area Plan Commission. The required 35' setback shall not apply when the body of water in question is owned by the property owner and is contained entirely within the legal boundaries of the property in question 3.6.2 Temporary hardship residences, for the purpose of caring for or assisting a person with a documented medical condition, shall be allowed for the length of the hardship until the person is no longer in need of caring or assistance, for whatever reason. At such time the temporary residence shall be removed. The residence shall not be set with a permanent foundation and shall meet all other requirements of the Kosciusko County Zoning Ordinance and other local, state, and federal regulations. Prior to the issuance of the improvement location permit a letter from a licensed physician, on their letter head, shall be presented stating the name of the person in need of caring/assistance and the medical condition. 3.6.3 Temporary event "tents" shall be allowed without an improvement location permit assuming the structure meets all minimum district setbacks and is in place for no more then seven (7) consecutive days no more then twice (2) in a six (6) month period. 3.6.4 Residential seasonal screen porch areas which are not up for more then a six (6) month period no more then once within a 12 month period and are not permanently fixed to the ground shall meet all district setbacks however shall not be required to obtain an Improvement Location Permit. 3.6.5 Garage/Yard Sales a. A garage sale / yard sale may be conducted three (3) times each calendar year per lot and shall not exceed three (3) consecutive days in duration; b. A garage sale / yard sale shall only be conducted during the hours from sunrise to sunset; c. All personal property exhibited outdoors during a garage sale / yard sale shall be placed within a building or structure or otherwise removed from the premises immediately following the end of the garage sale; d. Nothing in this Chapter shall be construed to prohibit one (1) or more owners or occupants from conducting a combined garage sale on one (1) of the lots owned or occupied by the participants, provided that all other provisions of this Section are complied with; f. A garage sale / yard sale or garage sale sign shall be exempt from the requirement of 3.19 to obtain a sign permit however, signs are to be removed within two (2) days after sale is concluded 3.7.1 Any non-conforming use and/or a non-conforming structure may continue or remain as constructed, but may not be extended, expanded, or changed unless to a conforming use or structure, except as permitted by the Board of Zoning Appeals, in accordance with the provisions of this Ordinance or section 3.7.4 of the ordinance. 3.7.4 On any property which is a legal non-conforming agriculturally zoned property with multiple residences an improvement location permit may be issued for a residence addition to any residential structure assuming the addition will not increase the total square footage of the specific structure, which the addition will be to, by more then 25% and in accordance with all other local, state, and federal regulations. 3.11.5.7 None of the above provisions in Section 3.11.5 shall be applicable to any lot having a total square footage of less than five thousand (5000) square feet; in the event of a lot or tract smaller than five thousand (5000) square feet, the applicant shall be, in all events, required to petition the Board of Zoning Appeals for a Variance. 3.11.7 Residential fences are permitted on the property lines in Residential, Agricultural, and Agricultural II districts but shall not exceed a height of six (6) feet; shall not exceed a height of three (3) feet in the front yard or lake or adjacent water yard (this shall be as defined under the definitions section of this ordinance unless said structure is located beyond the required setback in that district. In such cases a six- (6) foot fence shall be permitted from the front of the principle structure to the required setback line for such district.) and shall not be closer than two (2) feet to any right-of-way, access drive, or access easement unless the following restrictive covenant is placed on the face of the property deed and recorded in the Kosciusko County Recorders Office. "That where as the property owner of record chose not to place a residential fence two (2) feet back from the road right-of-way access drive, or access easement as required by the Kosciusko County zoning Ordinance the property owner of this real estate and/or his / her / their heirs, successors, renters or assigns, of their free will as a specific as a condition of the Kosciusko County Zoning Ordinance section 3.11.7 agree that they will not institute any claim for damages against Kosciusko County, or its representatives for losses of any type to any fencing not complying with section 3.11.7 of the Kosciusko County Zoning Ordinance e located on the petitioners property, resulting from normal repair, maintenance or expansion of road or drainage features with the adjoining right-of-way of this real estate." 3.11.12 On any agriculturally zoned tracts of ground which are 2 acres in size or less residential setbacks shall apply for residential principle and accessory structures. This section shall not apply to ponds. 3.16.2 Recreational Vehicles and Boats: Recreational vehicles and boats may be stored on residential lots for an indefinite period of time if that recreational vehicle or boat will not be occupied as temporary or permanent living quarters, is legally plated, and is physically able to be driven or hauled. Any recreational vehicle or boat shall be stored at a minimum of twenty (20) feet from any front yard setback line, five (5) feet from a side yard setback, line and thirty-five (35) feet from a waters edge. 3.22 Home Base Business: A home base business may be permitted as an exception, in an Agricultural District only, if it complies as follows: 3.22.6 Any home based business approved under this section of the Kosciusko County Zoning Ordinance may, without further hearings, construct or place an accessory structure/addition under 500 sq. ft./and 30,000 cubic feet. Said structure/addition must still comply with all other sections of this ordinance, any previous conditions of approval, and all other local, state, and federal regulations. 4.10.1 Accessory structures not requiring a fixed location on the ground and with no more then a total of 120 square feet or less in size may be placed within 25' of a road right-of-way and within 5' from any adjoining line but may not be placed any closer then 35' from a waters edge. However, these structures shall conform to all other ordinance requirements, including Section 2.14, 3.5, and Section 3.11.5 of this Ordinance. 4.10.6 A temporary structures as prescribed under section 3.6.3 and 3.6.4 Definitions: Garage Sale: (See Yard Sale) Yard Sale. A sale of personal property to the general public on any portion of a residential property, including properties in nonresidential zoning districts which are used for residential purposes. This definition shall also include all sales entitled garage, patio, carport, basement, porch, driveway, rummage and the like. Tent: A pavilion or portable lodge consisting of skins, canvas, or some strong cloth, stretched and sustained by poles, used for sheltering persons from the weather. This Hearing will be held in the Commissioners meeting room on the 3rd floor of the Kosciusko County Courthouse at 100 W. Center St., Warsaw, Indiana, on Wednesday the 2nd day of December at 1:00 P.M. All interested persons are invited to attend and be heard. Written comments will be considered if they are received in the Office if the Kosciusko County Area Plan Commission, Warsaw, Indiana, no later that 12:00 Noon on the day of the hearing. Copies of the proposals are available upon request in the Kosciusko County Area Plan Commission Office. Kosciusko County Area Plan Commission Daniel W. Richard, Director This ad should appear two (2) times, one of which shall be on or before November 21, 2009. n21,28
