TITLE 36
ZONING

ARTICLE 1
COUNTY PLAN COMMISSION CREATED AND ESTABLISHED

Chapter 1
Land Use Plan

Land Use Plan.  The Land Use Plan provides an exposition of the policy of the County Plan Commission for the progressive future development of the unincorporated land of the county. It gives consideration not only to the manner in which land would be occupied for dwellings, business enterprises, industries and other activities requiring buildings and structures but also to the land which would be required for roads and streets.

DeKalb County, situated in northeastern Indiana north of the metropolitan community of Fort Wayne and Indiana's largest county, Allen, and south of Steuben County, which has many lakes and recreational facilities, had a population of 28271 in 1960. It ranked 41st in population among the counties of the State. The county gained 8.6% in population during the decade 1950-60 and, while 42 counties had greater rates of increase during the decade, 17 other counties lost population. It is quite evident that DeKalb County is a progressive county and that, while its rate of increase of 8.6% is considerably less than that of Indiana, which had an increase of 18.5%, it exhibits conformation to the national trend of population growth.

DeKalb County contains eight incorporated places with populations within the county as follows:

Ashley 420; Auburn 6350; Altona, which is adjacent to Garrett, 313; Butler 2176; Corunna 361; Garrett 4364; St. Joe 499; Waterloo 1432.

The U.S. Census has classified all incorporated communities with 2500 or more population as urban places. Under this system DeKalb County had an urban population in 1960 of 10714, which was 37.9% of the population of the county. The two cities, Garrett and Auburn, which had the combined populations of 10714, increased 5.3% between 1950 and 1960. Of the two cities Auburn showed the greater increase, 8% while Garrett grew only 1.7%.

For planning purposes all of the population centers of the county should be considered, whether they be large or small. Actually 15915 people lived in the eight incorporated cities and towns in 1960, representing 56.3% of the population instead of the 37.9% of urban population reported by the 1960 Census. In 1950 the total for the eight communities was 15047, or 57.8%, of the total county population. The population of all of the incorporated places increased 5.76% which is slightly greater than the growth rate of Auburn and Garrett combined, but considerably less than for Auburn itself.

Considering only population classified by the U.S. Census as urban, the county as a whole had a 5.3% increase in urban dwellers and a 10.7% increase in rural population.

If the figure embraced by all of the incorporated places is used the rural population in 1950 was 10976 and had increased in 1960 to 12356. This represents an increase in rural population of 12.57%, whereas the Census showed a rural increase of 10.7%. The 1960 Census showed that 27 of the 92 counties of Indiana lost rural population during the preceding decade. Those which gained rural population did so because non-farm families were locating beyond the limits of cities and towns. The urban population of Indiana increased from 59.9% in 1950 to 62.4% in 1960 and evidently DeKalb County is following the same trend, although much of the non-farm population has not been absorbed by the incorporated cities and towns.

A series of Township Maps were prepared to indicate preliminary suggestions for land use districts in each of the townships and this information was later summarized on the County Map entitled Preliminary Land Use Plan showing Thoroughfares. It is evident that the two cities, Auburn and Garrett, and the Town of Waterloo and the suburban Town of Altona, adjacent to the City of Garrett, form an urban group which, within a few decades will become an urban community unit, although under separate administrative organizations. It is the responsibility of the County Plan Commission to plan the unincorporated territory between and around these communities so that their expansion will be harmonious in every respect.

The Town of Butler will undoubtedly grow also. Each of the four communities has experienced industrial growth, including automotive plants in Auburn, railroad activities in Garrett and other industries in the four communities. This activity has resulted in modest growth, although the trend of railroad managements to consolidate their repair and maintenance facilities has retarded growth in Garrett. It is certain that population expansion in the County will be primarily in the form of peripheral enlargement of the existing cities and towns. How large they will become is a matter for conjecture. However, there are certain national and regional trends in the growth of population which are significant.

It has been estimated that the population of the United States will increase by about 20% per decade. Estimates made by the Population and Training Center, University of Chicago, and published in Reader's Digest for February 1962, were as follows:

1960- 180,000,000; 1970- 215,000,000; 1980- 260,000,000; 2000- 385,000,000

The 1960 Census reported the population for the Nation as 179,323,175. Annual estimates issued by the Census Bureau have exceeded the above estimates. Indiana has kept pace with national trends, and in view of its location in the center of the Nation, close to markets and raw materials, and with superior transportation facilities and a splendid supply of skilled labor and management personnel, the State is almost certain to grow in pace with the Nation. Another factor of significant importance to DeKalb County is the proximity of northeastern Indiana communities to the Lake Erie Ports where transshipment of industrial products may be made to vessels plying the St. Lawrence Seaway. It is less than 100 miles from Auburn to Toledo on Lake Erie while it is about 125 miles to the new Indiana Burns Ditch Port. The Lake Erie Port would save over 700 miles of water transportation to Canadian and overseas destinations, which should have a beneficial effect upon industrial operations in the Fort Wayne Metropolitan Area and all of Northeastern Indiana. It would also be beneficial in its effects upon the shipment of farm products, and the receipt of raw materials and other imports.

TRANSPORTATION FACILITIES

Railroads. DeKalb County has excellent railroad transportation facilities which include the Baltimore and Ohio Railroad passing through Saint Joe, Auburn and Garrett on its route from Baltimore to Chicago. The New York Central Railroad passes through Butler, Waterloo and Corunna along its route from New York City and Buffalo to Chicago. The Wabash Railroad passes west of Saint Joe and through Butler along its route from St. Louis and Fort Wayne to Detroit and Buffalo. The old Butler Branch of the Pennsylvania Railroad now terminates at Auburn and connects with the main line of the Pennsylvania at Columbia City and other routes at Logansport. The former Jackson, Michigan, Branch of the New York Central also terminates at Auburn and extends south to Fort Wayne. The railroads are so located as to be able to meet any future needs for their type of transport.

Highways. The County is also well supplied with State and Federal Highways. See the Major Street or Highway Plan which is a part of the Thoroughfare Plan. The most important thoroughfare is Interstate Route 69 which will be completed during the 1964-1965 period and extends from Indianapolis, where more Interstate Routes converge than at any other point in the Nation, to a junction with Interstate Route 94 at Battle Creek, Michigan. It also connects with the Indiana East-West Toll Road in Steuben County. The design of the Interstate Route provides for an interchange southwest of Auburn providing access with Highway 427; an interchange with Highway 8-27 and another with U.S. Highway 6. There will also be a partial interchange at the Steuben DeKalb County Line with Highway 4 just east of Ashley. In addition to the interchanges there are six grade separations with important highways.

U.S. Highway 27 extends north from Fort Wayne to Garrett where it intersects Highway 8 and turns east to Auburn then north. This highway extends from Miami, Florida, to Mackinaw City, Michigan, and crosses the Straits of Mackinac Bridge to the northern peninsula of Michigan. Highway 427 is an alternate route leading directly from Fort Wayne to Auburn and points north. U.S. Highway 6 traverses the County through Waterloo and Butler and extends from Los Angeles to Cape Cod, Massachusetts. Highway 8 traverses Indiana and connects with Ohio roads. Highway 1 traverses Indiana from north to south and serves the eastern portion of DeKalb County and leads to Fort Wayne. Highway 327 extends north from Garrett and serves the western portion of the County. Highway 4 connects Highway 327 and U.S. Highway 27 along the Steuben-DeKalb County Line. Highway 3 touches the extreme southwestern corner of the County.

Belt Routes. The Major Street and Highway Plan, as illustrated on the County Map, indicates a series of future Belt Routes around the urban communities. These are generally from one to two and three miles distant from the center of each community. It will be noted that Garrett, Auburn and Waterloo are so close to each other that the two mile belt routes coincide between Waterloo and Auburn and between Auburn and Garrett.

When the land between the three communities is occupied by urban uses it is apparent from the map that the areas would be well served by these circulatory thoroughfares. They should all have rights-of-way of 100 feet so that when the maximum capacity for traffic movement is needed in the future, the right-of-way will be available. Roadways would be developed progressively at widths required for immediate traffic needs.

Insofar as possible the belt routes follow existing thoroughfares and take advantage of grade separations and interchanges with Interstate Route 69. Two additional grade separations would be required as shown on the map. When the time arrives where they are needed there would be no physical obstacle to their construction.

In addition to the above described belt routes, similar belt thoroughfares have been indicated around Saint Joe, Butler and Ashley. Population growth will determine the time when such thoroughfares would be definitely established on the ground, but whenever land is subdivided along their courses, the 100 foot right-of-way should be dedicated.

Primary Arterial Thoroughfares. In addition to the State Highways and the Belt Routes, other Routes following existing highways to large extent have been designated as Primary Arterial Thoroughfares. Openings where connections would be desirable have also been indicated. These Primary Arterial streets should have rights-of-way of 100 feet, too.

Secondary Arterial Thoroughfares. In order to complete a pattern of major thoroughfares at intervals of approximately one mile throughout the County other existing and proposed roads are shown on the map and classified as Secondary Arterial Thoroughfares. They should have rights-of-way of at least 80 feet.

Feeder Streets. Within the pattern of Arterial thoroughfares there will be need for many Feeder Streets, which should have rights-of-way of 70 feet, and which should serve inner needs for traffic movement. Some of these are indicated on the map but as land is subdivided there will be need for many more. Their alignments should be integrated with the minor street patterns of the subdivisions.

Summary. The pattern of various types of thoroughfares as shown on the map will provide DeKalb County with an adequate well arranged system of trafficways which will fully serve the County and its urban communities. The plan will serve as a guide for the subdivision of land so that right-of-way will be provided in advance and the designs of subdivisions will consider county wide as well as local needs when street patterns are designed.

ZONING

Zoning has to do with the determination and designation of land areas which will be needed for the various types of urban land use in the future. The Zoning Ordinance establishes the characteristics and specifications for the various districts. The Zone Map, based upon the Land Use Plan, establishes the boundaries of districts. The Zone Map consists of ten sheets, showing one or more Townships on each sheet.

Industrial Zones. The Zoning Ordinance establishes two types of industrial districts. The C-I1 District sets up districts in which industry of all types would be permitted which conforms to the requirements and performance standards set up in the ordinance. In this district business would also be permitted but residences would be excluded in order that the areas may be held primarily for new industries or expansion of existing industry. These districts are shown on the map adjacent to Auburn, Garrett, Waterloo and Butler and at a few other places.

The second type of Industrial District is the C-I2 District, shown on the Zone Map and located adjacent to railroads and highways but usually further out from the urban communities. In these districts residential development would be permitted if its need was first demonstrated, but industry conducted within enclosed buildings and without outside operations would be permitted. The two types of industrial districts will provide an abundance of good industrial sites, and since industrial expansion is essential to the progressive development of the County, their location is very important.

Commercial Development. Provision has been made for three types of business locations designated as General Business, Local Business and Roadside Business. They are shown on the Zone Map. General Business is the type of business usually found in the center of cities and towns. Since most of these districts are within incorporated areas, the only example of this district is the central area of Spencerville, which is unincorporated. Local Business, which permits most types of retail stores and service establishments, is generally located close to the urban areas, as shown on the map. It requires a setback from the property line of the streets of 15 feet.

The Roadside Business district permits retail establishments, service places, and a number of commercial activities as provided in the Zoning Ordinance and should require setbacks of 60 feet. Locations shown on the map coincide generally with existing uses of land. As the County grows there will, of course, be need for additional commercial developments and they can be provided for by amendment in conformity with the ordinance.

Residential Development. Practically all of the County is included in the Rural Residential District and meets requirements set up in the Zoning Ordinance. Surrounding the urban communities residential expansion will take place more rapidly and many of these areas have been placed in the Suburban Residential District. Most of the areas in the Prime Residential Growth areas, shown on the map, are on the outskirts of the cities and towns. The Zoning Ordinance provides for a lot approximately 70' x 140' in size in these areas when sanitary sewers and community water supply systems are utilized. These lots would correspond with the least dense residential districts in the towns and generally with existing residential subdivisions. It is assumed that these areas will generally be served by sewage disposal facilities and by public water supply. The smaller lots would then be appropriate. The strictly rural portions of the County would have lots with a minimum area of 20000 square feet and a minimum width of 100 feet. The "A" Residence District which requires lots of approximately 60' x 120' is placed in unincorporated communities and certain existing developments when the existing lots are already quite small in size and narrow in width.

SUBDIVISION CONTROL

The Subdivision Control Ordinance defines a subdivision of land and sets forth the procedures, requirements and improvement standards essential for the approval of well-planned and properly developed subdivisions. The Subdivision Control Ordinance provides, first of all, for the submission of a preliminary plat to the County Plan Commission so that the development and the manner in which it relates to the Master Plan may be discussed and desirable adjustments in the plan may be made before extensive work is done on the final plat. The ordinance provides for the holding of a public hearing on the preliminary plat in order that the neighboring property owners and the general public may be advised of the proposed development. Before the final plat may be officially recorded it must receive the approval of the Plan Commission.

The Subdivision Control Ordinance plays a most important function in the carrying out of the Master Plan. Therefore it is very important that each requirement in the ordinance and each proposal for the subdivision of land be given careful consideration in the light of the County's policy of development.

SUMMARY

There are several legal devices which have been employed to effectuate the Master Plan, as follows:

Chapter 2
Ordinance of the Master Plan
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Ordinance of the Master Plan.  AN ORDINANCE FOR THE DEVELOPMENT THROUGH ZONING OF THE TERRITORY WITHIN THE JURISDICTION OF THE DEKALB COUNTY PLAN COMMISSION.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DEKALB, INDIANA, UNDER AUTHORITY OF CHAPTER 174, ACTS OF 1947, AND ALL ACTS AMENDATORY OR SUPPLEMENTARY THERETO, GENERAL ASSEMBLY OF THE STATE OF INDIANA.

Section 1.

ESTABLISHMENT OF DISTRICTS AND ZONE MAP

The territory within the jurisdiction of the DeKalb County Plan Commission is hereby classified and divided into eight (8) Districts designated as follows:

The Zone Map, which accompanies and is hereby declared to be a part of this ordinance, shows the boundaries of the area covered by the Districts. Notations, references, indications and other matters shown on the Zone Map are as much a part of this ordinance as if they were fully described herein.

Section 2.

RESIDENTIAL USES & REQUIREMENTS

Section 3.

BUSINESS USES AND REQUIREMENTS

The Business Uses defined below are permitted in the Districts indicated in Figure 2, when complying with the requirements specified in Figures 2, 3, and 4, and subject to the provisions of paragraph D, herein.

Section 4.

SHOPPING CENTER PLAN, REQUIREMENTS AND PROCEDURES

A Shopping Center Plan may be permitted by the Board as a Special Exception, and subject to compliance with the following requirements and procedure in accordance with Section 7.

Section 5.

INDUSTRIAL USES AND REQUIREMENTS

The Industrial Uses defined below, including Accessory Buildings and Uses, are permitted in the Districts indicated in Figure 5, in accordance with the requirements of this section.

No activity involving the storage, utilization or manufacture of materials or products which decompose by detonation shall be permitted unless specifically licensed by the Board of County Commissioners, and then only in the C-I1 District. Such activity shall be conducted in accordance with the rules promulgated by the Indiana State Fire Marshal. Such materials shall include, but are not limited to, all primary explosives such as lead azide, lead styphnate, fulminates, and tetracene; all high explosives such as TNT, HMX, PETN, and picric acid; propellants and components thereof, such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate, and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetylides, tetrazoles, and ozonides; strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorates, chlorates, and hydrogen peroxide in concentrations greater than thirty-five percent (35%); and nuclear fuels, fissionable materials and products, and reactor elements such as Uranium 235 and Plutonium 239.

The restrictions of this Section shall not apply to (1) the activities of site preparation or construction, maintenance, repair, alteration, modification or improvement of buildings, equipment or other improvements on or within the Lot Line; (2) the operation of motor vehicles or other facilities for the transportation of personnel, materials or products; (3) conditions beyond the control of the user such as fire, explosion, accidents, failure or breakdown of equipment or facilities or emergencies; (4) safety or emergency warning signals or alarms necessary for the protection of life, limb or property.

Section 6.

CONTINGENT USES AND REQUIREMENTS

Contingent Uses defined herein, including Accessory Buildings and Uses, are permitted in the Districts indicated in Figure 7, subject to the provisions herein.

Section 7.

SPECIAL EXCEPTIONS, REQUIREMENTS AND PROCEDURE

Section 8.

NONCONFORMING USE SPECIFICATIONS

The lawful use of a Building or premises, existing at the time of passage of this ordinance, may be continued although such Use does not conform to all the provisions of this ordinance, subject to the following conditions.

Section 9.

ADMINISTRATION

The Building Commissioner is hereby designated and authorized to enforce this ordinance.

Section 10.

BOARD OF ZONING APPEALS

A Board of Zoning Appeals is hereby established with membership and appointment provided in accordance with Sections 66 to 69 inclusive of Chapter 174 of the Acts of Indiana General Assembly of 1947 and all acts now or hereafter amendatory thereto.

Section 11.

GENERAL PROVISIONS

Section 12.

SPECIFICATIONS AND DEFINITIONS

The following Figures which include specifications and definitions are hereby declared to be a part of this ordinance:

Section 13.

WHEN EFFECTIVE. This ordinance shall take effect after its passage and approval of the Board of County Commissioners.

Passed by the Board of County Commissioners of the County of DeKalb, Indiana, this 21st day of December, 1964.

Chapter 3
Manufactured Homes in Corunna

Manufactured Homes in Corunna.  AN ORDINANCE AMENDING THE MASTER PLAN OF DEKALB COUNTY, INDIANA, ORDINANCE NO. 8, SECTION 10, ORDINANCE NO. 218

The intent of this chapter is to encourage, within the Town of Corunna, Indiana, provisions for alternative modest income housing in general residential areas by permitting the use of certain manufactured homes, as defined herein, in all districts in which similar dwellings constructed on-site are permitted, subject to the requirements set forth herein to assure acceptable similarity in exterior appearance between such manufactured homes and dwellings that have been or might be constructed under these and other lawful regulations on adjacent or nearby lots in the same district.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"EXPANDO ROOM" - An expandable manufactured housing unit.

"HOUSE TRAILER" - Any transportable structure used as a place of abode which is not a "Manufactured Home" nor a "Mobile Home" as those two terms are defined in this Ordinance No. 218.

"MANUFACTURED HOME" - A dwelling unit fabricated on or after January 1, 1981, in an off-site manufacturing facility or installation or assembly at the building site,bearing a seal certifying that it is built in compliance with the federal ManufacturedHousing Construction and Safety Standards Codes or I.C. 22-11-1-1.5, 22-11-1-3,22-11-1-5, 22-11-1-8 through 22-11-1-10, 22-11-1-13, and 22-11-1-21.5 as promulgated by the Indiana Department of Fire Prevention and Building Safety.

"MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS CODE" - Title IV of the 1974 Housing and Community Development Act (42U.S.C.5401 et sec.) as amended (previously known as the federal Mobile Home Construction and Safety Act), rules and regulations adopted thereunder, which includes H.U.D. approved information supplied by the home manufacturer, andregulations and interpretations of the code by the Indiana Department of Fire Prevention and Building Safety.

"MOBILE HOME" - A transportable structure built prior to January 1, 1981, larger than six hundred (600) square feet, designed to be used as a year-round residential dwelling, with no tongues and no wheels, taxes as part of the real estate by the DeKalb County Assessor's Office, and anchored to a permanent foundation.

"ONE- AND TWO-FAMILY DWELLING CODE OF THE STATE OF INDIANA" - The mandatory statewide building code adopted by the Indiana Department of Fire Prevention and Building Safety for one- and two-family residential dwellings.

"PUBLIC LAW 360, ACTS OF 1971" - Enabling legislation requiring the Indiana Department of Fire Prevention and Building Safety to adopt rules and regulations for the construction, repair, or maintenance of factory constructed one- and two-family residential dwellings.

Due to its integral design, any structural alteration or modification of a manufactured or mobile home after it is placed on the site must be approved by the DeKalb County Planning Commissioner

An action to review any order, requirement, decision, or determination made by an administrative official or board charged with enforcement of the zoning ordinance shall be pursuant to I.C. 36-7-4-918.1.

This ordinance shall take effect after its passage and approval of the DeKalb County Commissioners.

(ZO No. 218, passed March 7, 1988)

ARTICLE 2
IMPROVEMENT LOCATION PERMIT ORDINANCE

Improvement Location Permit Ordinance.  AN ORDINANCE PROVIDING FOR THE ISSUANCE OF IMPROVEMENT LOCATION PERMITS IN THE UNINCORPORATED TERRITORY OF DEKALB COUNTY, INDIANA, AND IN THE TERRITORY COMPRISING THE TOWN OF CORUNNA, INDIANA, AND PROVIDING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS, AS A PART OF THE MASTER PLAN FOR THE COUNTY OF DEKALB, INDIANA.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF DEKALB COUNTY, INDIANA, UNDER AUTHORITY OF CHAPTER 174, ACTS OF 1947, AND ALL ACTS AMENDATORY THERETO, GENERAL ASSEMBLY OF THE STATE OF INDIANA.

Section 1.

Within the unincorporated territory under the jurisdiction of the DeKalb County Plan Commission, and within the territory comprising the Town of Corunna, Indiana, no structure, improvement, or use of land may be altered, changed, placed, erected or located on platted or unplatted lands, unless the structure, improvement or use, and its location, conform with the Master Plan and Ordinance of DeKalb County, and an Improvement Location Permit for such structure, improvement or use has been issued. It is hereby declared that the intent of the permit requirements of this Ordinance shall not prevail with respect to a structure including a dwelling which is clearly incidental to agricultural operations.

Section 2.

The Building Commissioner of DeKalb County shall issue an Improvement Location Permit, upon written application, when the proposed structure, improvement or use and its location, conform in all respects to the Master Plan for DeKalb County.

Section 3.

Every application for an Improvement Location Permit shall be accompanied by a site plan, drawn to scale, showing the location of the structure, improvement, or use to be altered, changed, placed, erected, or located, the dimensions of the lot to be improved, the size of yards and open spaces, existing and proposed streets and alleys adjoining or within the lot, and the manner in which the location is to be improved. Application for an Improvement Location Permit shall be accompanied by a fee as indicated by the following schedule:

dwelling or accessory building

For new or addition to business or factory $50.00 for first 5,000 structure square feet of bldg. area plus $.01 per sq. ft. additional square floor of area. Not to exceed $200.00.

In the event an applicant for an Improvement Location Permit is in violation of any provision of this ordinance at the time of application for an Improvement Location Permit, then the fee shall be double that hereinabove provided for the respective type of permit.

The existing provisions of Ordinance No. 2, Section 3 shall remain in full force and effect as already provided by amendment passed October 27, 1975.

Section 4.

Any decision of the Building Commissioner of DeKalb County concerning the issuance of an Improvement Location Permit may be appealed to the DeKalb County Board of Zoning Appeals when the decision in question involves a requirement of the "Zoning Ordinance of DeKalb County, Indiana, 1964", or to the DeKalb County Plan Commission when the decision in question involves the requirements of other parts of the Master Plan, by any person claiming to be adversely affected by such decision.

Section 5.

A decision of the DeKalb County Plan Commission may be reviewed by certiorari procedures as provided for the appeal of zoning cases from the DeKalb County Board of Zoning Appeals.

Section 6.

Action on the violation of any provision of this Ordinance and the right of injunction against such violation shall be provided by Chapter 174, Acts of 1947, and all acts amendatory thereto, General Assembly of the State of Indiana. Any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a Class C infraction, and upon conviction, shall be fined in an amount not more than five hundred dollars ($500.00), as provided in Indiana Code  35-5-4-4, for each offense.

Section 7.

This Ordinance shall be in full effect from and after its passage.

(NO No. 2, passed December 21, 1964)

ARTICLE 3
MAJOR STREET OR HIGHWAY PLAN ORDINANCE

Major Street or Highway Plan Ordinance.  AN ORDINANCE ESTABLISHING A MAJOR STREET OR HIGHWAY PLAN TO PROMOTE THE ORDERLY DEVELOPMENT OF DEKALB COUNTY, INDIANA, TO IMPROVE THE HEALTH, SAFETY, CONVENIENCE AND WELFARE OF ITS RESIDENTS; TO THE END THAT THE HIGHWAY SYSTEM BE CAREFULLY PLANNED; THAT NEW COMMUNITY CENTERS GROW ONLY WITH ADEQUATE HIGHWAY FACILITIES; THAT THE NEEDS OF INDUSTRY, BUSINESS AND AGRICULTURE BE RECOGNIZED IN FUTURE GROWTH; THAT RESIDENTIAL AREAS PROVIDE SAFE AND HEALTHY SURROUNDINGS FOR FAMILY LIFE; THAT THE DEVELOPMENT OF THE COUNTY BE COMMENSURATE WITH AND PROMOTIVE OF THE EFFICIENT AND ECONOMICAL USE OF PUBLIC FUNDS; FOR THE PURPOSE OF FORMULATING DEFINITE POLICIES FOR THE LAYING OUT, DEVELOPMENT AND IMPROVEMENT OF MAJOR STREETS AND HIGHWAYS AND SERVICES TO PLATTED AND UNPLATTED LAND.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DEKALB, INDIANA, UNDER AUTHORITY OF CHAPTER 174, ACTS OF 1947, AND ALL ACTS AMENDATORY OR SUPPLEMENTARY THERETO, GENERAL ASSEMBLY OF THE STATE OF INDIANA.

ARTICLE 4
SUBDIVISION CONTROL ORDINANCE

Subdivision Control Ordinance.  AN ORDINANCE PROVIDING FOR THE CONTROL OF THE SUBDIVISION OF LAND AND THE APPROVAL OF PLATS AND REPLATS OF LAND, WITHIN THE JURISDICTION OF THE DEKALB COUNTY PLAN COMMISSION, AS A PART OF THE MASTER PLAN FOR DEKALB COUNTY, INDIANA.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DEKALB, INDIANA, UNDER AUTHORITY OF CHAPTER 174, ACTS OF 1947, GENERAL ASSEMBLY OF THE STATE OF INDIANA, AND ALL ACTS AMENDATORY OR SUPPLEMENTARY THERETO.

Chapter 1.
Subdivision Plats

Subdivision Plats. 

ARTICLE 5
DEVELOPMENT PLAN ORDINANCE

Development Plan Ordinance.  AN ORDINANCE PROVIDING FOR THE CONTROL OF DEVELOPMENT PLANS WITHIN THE JURISDICTION OF THE DEKALB COUNTY PLAN COMMISSION, AS A PART OF THE MASTER PLAN OF DEKALB COUNTY, INDIANA.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DEKALB, INDIANA, UNDER AUTHORITY OF CHAPTER 174, ACTS OF 1947, GENERAL ASSEMBLY OF THE STATE OF INDIANA, AND ALL ACTS AMENDATORY OR SUPPLEMENTARY THERETO.

ARTICLE 6
VACATIONS

Chapter 1
Plats

Plats. 

Partial Vacation of Vienna.  Therefore ordered the following part of Vienna aforesaid to wit: Commencing at the river St. Joseph, one rod west of the South West corner of lot No. (97) ninety seven ; Thence North twelve degrees forty five minutes to the Northern boundary line of said plat; Thence South West along said line to the South West corner of said plat; Thence South East to the river St. Joseph; Thence up said river to the place of beginning, be and it is hereby vacated of which all persons concerned will take notice.

(Ord. 041a, passed June 8, 1841)

Vacation of Certain Lots in Vienna.  On Petition The Board now proceed to the consideration of your petitioners, Joseph Ludwick & Anthony Dodge, for the vacation of In Lots No. 4, 9, 16, 5, 8, 17, 20, 29, 32, 46, 6, 7, 18, 19, 36, 31, 42, 43, 54 & 55 in the Original plat of the village of Vienna in the County of DeKalb & State of Indiana. Upon due consideration do Order that Said Lots aforesaid be and hereby are vacated in the aforesaid village.

(Ord. 090643a, passed September 6, 1843)

Woodland Estates Plat Vacated.  WHEREAS, ERIC T. RIEKE and NANCY L. RIEKE, by and through their attorney, JAMES P. McCANNA, have petitioned and requested the DeKalb County Plan Commission to hold a public hearing upon the vacation and abandonment of the plat of Woodland Estates Addition, to DeKalb County, Indiana, including lots one (1) through eight (8).

WHEREAS, said petitioners further petitioned and requested the DeKalb County Plan Commission to hold a public hearing upon the vacation and abandonment of all platted streets, roads, and alleys in Woodland Estates Addition to DeKalb County, Indiana. All in accordance with the terms of Indiana law and,

WHEREAS, Notice of such public hearing has been given by due and proper publications thereof; and,

WHEREAS, said public hearing was held February 21 1980 at 7:30 P.M. in the Plan Commission Office at the County Courthouse, Auburn, Indiana, and that at such hearing there were no objections of any kind or character to the vacation of the plat of the above described addition, including all lots, streets, roads and alleys,

WHEREAS, the vacation and abandonment of the dedicated plat including all lots, streets, roads and alleys above described, conforms to the general policy and pattern of development set out in the Master Plan of DeKalb County, Indiana;

WHEREAS, the vacation of said plat, including all lots, streets, roads and alleys, be and the same is hereby approved subject to any existing utility easement;

WHEREAS, the DeKalb County Plan Commission found that the variation and abandonment of the dedicated plat, including all lots, streets, roads and alleys above described, conforms to the general policy and pattern of development set forth in the Master Plan of DeKalb County, Indiana;

WHEREAS, the DeKalb County Plan Commission approved the vacation of said plat, including all lots, streets, roads and alleys;

WHEREAS, the DeKalb County Plan Commission recommended to the Board of Commission of the County of DeKalb that said plat including all lots, streets, roads and alleys be vacated.

WHEREAS, the said ERIC T. RIEKE and NANCY L. RIEKE, by and through their attorney, JAMES P. McCANNA, have requested the Board, of Commissioners of the County of DeKalb to hold a public hearing on the vacation of said Plat of Woodland Estate Additions to DeKalb County, Indiana, including all lots, streets, roads and alleys and that notice of said hearing was given by certified mail and by publication, as provided by law pursuant to I.C. 5-3-1-1 et. seq.

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the County of DeKalb that said plat., including all lots, streets, roads and alleys herein above described be vacated, and said tract of land shall hereafter be described as follows:, to-wit:

Part of the Northwest Quarter of Section 20 Township 34 North, Range 13 East, described as follows: to-wit: Starting at a point on the quarter section line 190 feet North of the center of said Section 20 and from thence as follows: North on said section line 649.4 feet; thence West parallel with the South quarter section line 200 feet, thence South parallel with the East quarter section line 129.4 feet; thence West parallel with the South quarter section line 278 feet; thence South parallel with the East quarter section line 540 feet; thence East 278 feet; thence North parallel with said East quarter section line 20 feet; thence East parallel with said South quarter section line 200 feet to the place of beginning.

(Ord. 83-2, passed May 16, 1983)

Woodland Estates Addition Vacated (Amending Ordinance 83-2).  WHEREAS, on the 16th day of May, 1983, this Board of Commissioners of the County of DeKalb adopted Ordinance No. 83-2, which was preserved for record in the Office of the DeKalb County Recorder at Miscellaneous Record MM, Page 397, on the 4th day of June, 1984, as Instrument #7184; and,

WHEREAS, the intention was to vacate the entire plat of Woodland Estates Addition to DeKalb County, Indiana, including but not in limitation of Lots One (1) through eight (8); and,

WHEREAS, the vacation order omitted certain streets of areas within the plat; and,

WHEREAS, it is now the intention to correct the vacation and now include the entire previously platted area;

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the County of DeKalb, that the entire plat known as Woodland Estates Addition to DeKalb County, Indiana, is hereby vacated.

BE IT FURTHER ORDAINED that the real estate now returns to the following metes and bounds description, which was originally utilized to create the plat, to-wit:

Beginning at a point on the quarter section line 190 feet north of the south-east corner of the north-west quarter of Section 20, Township 34 North, Range 13 East and from thence as follows, north on said quarter section line 649.4 feet; thence west parallel with the south quarter section line 200 feet, thence south parallel with east quarter section line 69.4 feet, thence west parallel with said south quarter section line 278 feet, thence south parallel with said east quarter section line 600 feet, thence east 218 feet(198 feet plat; however, we are returning this description to the figure used when the area was platted). Thence south 170 feet to quarter section line, thence east on quarter section line 60 feet, thence north 190 feet, thence east 200 feet to the place of beginning. Enclosing an area containing 7.04 acres.

(Ord. 96-4, passed May 28, 1996)

Vacation of Lots 2 & 16, Renner's Subdivision Grant Township Gladieux Refinery, Inc.  WHEREAS, Gladieux Refinery, Inc. filed with the Board of Commissioners of the County of DeKalb its petition for a review of an order of the DeKalb County Plan Commission denying its petition to vacate the plat of lots 2 & 16, both inclusive of Renner's Subdivision, in Grant Township, DeKalb County, Indiana, and

WHEREAS, the said Board of Commissioners, on July 17th, 1968, did confer with the DeKalb County Plan Commission as to their reasons for rejecting said petition, and

WHEREAS, the said Board of Commissioners did thereafter reverse the decision of the DeKalb County Plan Commissioners, but said decision was not entered of record in the minutes of the said Board of Commissioners by reason of inadvertent error and omission,

NOW, THEREFORE, BE IT RESOLVED that the minutes of a meeting held by the Board of Commissioners of the County of DeKalb, on July 21st, 1968, be and they hereby are amended by inserting therein the following additional minutes:

"The petition of Gladieux Refinery, Inc. for vacation of the plat of Renner's Addition, in Grant Township, DeKalb County, Indiana, insofar as said plat affects lots 2 to 16 of said subdivision, is now submitted to the Board of Commissioners of the County of DeKalb for hearing and said petition and having conferred with the Plan Commission of the County of DeKalb, now finds that said petition should be in all things granted.

It is, therefore, ordered, considered and adjudged that the plat of Renner's Subdivision, in Grant Township, DeKalb County, Indiana, be and the same hereby is vacated insofar as said plat effects lots 2 to 16, both inclusive, as marked and laid down on said recorded plat."

(Res. 092269, passed September 22, 1969)

Vacation of part of Summer Street in Newville.  WHEREAS, the DeKalb County Plan Commission has recommended that approval of the petition of Carson Moore and Nancy Moore, husband and wife, seeking vacation of that part of Summer Street lying east of lot numbered 84 and west of lot numbered 73 in the Original Plat of Vienne, not Newville, as platted and shown in the Plat Book Record No. 3, page 130, in the Office of the DeKalb County Recorder, and said road is not a public conveyance and necessary

NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE COUNTY OF DEKALB, STATE OF INDIANA, That said part of Summer Street be and the same is vacated, subject to the right of egress and ingress of those owners, if any, who might own real estate between the back end of said lots 108, 97, 96, 85, 84, 73, 72, 61, 60 and 49 and the bank of the St Joe River.

(Res. 121872, passed December 18, 1972)

Vacation of Granbling's Addition.  Whereas Donald L. Bacon and Margaret A. Bacon, owners of all the lots in Granbling Addition to DeKalb County, Indiana, by their attorney, Philip Butler, filed with the DeKalb County Plan Commission their petition for a vacation of Granbling's Addition to DeKalb County, Indiana, being lots Numbered one (1) through Twenty five (25) both inclusive and including streets and alleys, lying in the Northwest Quarter (1/4) of the Northwest Quarter (1/4) of Section Ten (10), Township Thirty Five (35) North, Range Thirteen (13) East, and

Whereas a public hearing on the aforesaid petition was held by the DeKalb County Plan Commission, in the Office of the DeKalb County Plan Commission on March 15, 1972, at 9:00 o'clock P. M. after due notice by publication in the Evening Star, a newspaper of general circulation in DeKalb County, Indiana, and

Whereas, at said public hearing the DeKalb County Plan Commission determined that a vacation of said plat, as aforesaid, should be granted and accordingly approved said petition and directed petitioners to file their Petition for Vacation of Plat with the DeKalb County Board of Commissioners for said Commissioner's approval, and

Whereas, petitioners Donald L. Bacon and Margaret A. Bacon, by their attorney, Philip Butler, filed their Petition for Vacation of Plat with the DeKalb County Board of Commissioners on or about March 21, 1972, for a vacation of Granbling's Addition to DeKalb County, Indiana, as aforesaid, and the Board of County Commissioners of DeKalb County, Indiana, being of the opinion that a vacation of Plat should be granted as set forth in petitioners, Petition for Vacation of Plat.

Now, therefore, be it resolved, that petitioners' Petition for Vacation of Plat of Granbling's Addition to DeKalb County, Indiana, is granted and zoning maps of DeKalb County, Indiana, be made to reflect such Vacations.

(Res. 052473, passed February 20, 1973)

Vacation of Alley-St. Johns Addition. A petition by Menno J. Steiner and Bess F. Steiner to vacate a 30' alley between lots five (5) and six (6) in the Plat of St. Johns, DeKalb County, Indiana was approved.

(Res. 041574, passed April 15, 1974)

Chapter 2.
Streets and Roads

Streets and Roads. 

New ERA Steet Vacation.  WHEREAS, a petition has been filed to vacate certain Public rights of way in the Original Plat of New Era (now Butler Center) in DeKalb County, Indiana ;and

WHEREAS, the public hearing has been held pursuant to notice and Indiana Code 36-7-3-12 and the Board Of County Commissioners find that the streets are unnecessary for the future growth and development of the County, that the public ways are unimproved, and that all adjoining land owners either consent or do not object,

NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, INDIANA THAT:

Section 1:

A. All that portion of the alley north of the north line of County Road 60 and south of the south line of Lafayette Street and located between lots number 1, 2, 3, and 4 on the west and lots numbered 21, 22, and 23 on the east, all in the Original Plat of New Era (now Butler Center), and

B. All that portion of Lafayette Street in the Original Plat of New Era east of the east line of County Road 11 and west of the west line of County Road 327, and

C. All that portion of the alley between lots numbered 5 and 20 in the Original Plat of New Era are hereby vacated.

Section 2: The Auditor of DeKalb County Indiana, is directed to furnish a certified copy of this Ordinance to the DeKalb County Recorder for recording and to the DeKalb County Auditor for transfer for taxation purposes. Further, the DeKalb County Auditor shall provide a certified copy of this Ordinance to the DeKalb County Plan Commission for amendment of the DeKalb County Master.

(Ord. 90-4, passed July 9, 1998)

Williams Street Portion in 31-34-13 to be Vacated.  TO WIT: portion of the County Road (William Street from county Road 48 on the South and Auburn Street on the North in the East one-half (1/2) of the southwest quarter (1/4) of Section Thirty-one (31), Township Thirty-four (34) North (Union), Range Thirteen (13) East).

Comes now the DeKalb County Commissioners and having petitioned the Plan Commission of DeKalb County to authorize the amendment of the DeKalb County Thoroughfare Plan, which is a part of the County Master Plan ordinance to eliminate and vacate the following described thoroughfare: A portion of County Road (Williams street from County Road 48 on the South and Auburn Street on the North in the East one-half (1/2) of the Southwest quarter (1/4) of Section Thirty-one (31), Township Thirty-four (34) North (Union), Range Thirteen (13) East), and the Plan Commission having approved the petition;

Now be it ordained that the DeKalb County Commissioners do now order the vacating of the thoroughfare as herein described as a portion of County Road (Williams Street from County Road 48 on the South and Auburn Street on the North in the East one-half (1/2) of the Southwest quarter (1/4) of Section Thirty-one (31), Township Thirty-four (34) North (Union), Range Thirteen (13) East), and the vesting of title to the subject real estate one half each to the owners of adjacent lands and the amendment of the DeKalb County Master Plan ordinance Thoroughfare Plan and maps to reflect the elimination of said thoroughfare and all utility easements existing shall be preserved.

(Ord. 0101893, passed October 18, 1993)

Vacate of Portion of County Road 56.  TO WIT: portion of County Road #56 between County Road 7 on the west and State Road 205 on the east (southeast) one-half (1/2) in the West half (1/2) of the Northwest quarter (1/4) of Section Fifteen (15), Township Thirty-three (33) North (Butler), Range Twelve (12) East and one-half (1/2) in the Southwest quarter (1/4) of the Southwest quarter (1/4) of Section Ten (10), Township Thirty-three (33) North (Keyser), Range Twelve (12) East.

Comes now the DeKalb County Commissioners and having petitioned the Plan Commission of DeKalb County to authorize the amendment of the DeKalb County Thoroughfare Plan, which is a part of the County Master Plan Ordinance to eliminate and vacate the following described thoroughfare: A portion of County Road #56 between County Road 7 on the west and State Road 205 on the east (southeast), one-half (1/2) in the West half (1/2) of the Northwest quarter (1/4) Of Section Fifteen (15), Township Thirty-three (33) North (Butler), Range Twelve (12) East and one-half (1/2) in the Southwest quarter (1/4) of the Southwest quarter (1/4) Of Section Ten (10), Township Thirty-three (33) North (Keyser), Range Twelve (12) East, and the Plan Commission having approved the petition;

NOW BE IT ORDAINED, that the DeKalb County Commissioners do now order the vacating of the thoroughfare as herein described as a portion of County Road #56 between County Road 7 on the west and State Road 205 on the east (southeast), one-half (1/2) in the West half (1/2) of the Northwest quarter (1/4) of Section Fifteen (15), Township Thirty-three (33) North (Butler), Range Twelve (12) East and one-half (1/2) in the Southwest quarter (1/4) of the Southwest quarter (1/4) Of Section Ten (10), Township Thirty-three (33) North (Keyser), Range Twelve (12) East and the vesting of title to the subject real estate on half each to the owners of adjacent lands and the amendment of the DeKalb County Master Plan Ordinance Thoroughfare Plan and maps to reflect the elimination of said thoroughfare and all utility easements existing shall be preserved.

(Ord. 101893a, passed October 18, 1993)

County Road 44 Vacated between County Roads 55 and 59.  BE IT ORDAINED, that DeKalb County Road 44 from the east right of way of DeKalb County Road 55 to the west right of way of DeKalb County Road 59 is now vacated as a public road and the fee title to said land that consisted of the right of way of said portion of vacated road shall vest as follows: the south half thereof to the landowners of all of the land adjacent to said vacated road along the south side thereof and to their successors: and the north half thereof to the landowners of all of the land adjacent to said vacated road along the north side thereof and to their successors;

(Ord. 94-7, passed July 25, 1994)

Vacation of Portion of County Road #18 in Smithfield Township.  The Commissioners signed an Order to Vacate the Following: That part of County Road # 18 in the Southwest quarter of Section 29, Township 35 North, Range 13 East, starting at a point or beginning 983 ft. north and 910 ft. east of the southwest corner of said Section 29, Township 35 North, Range 13 East, thence 354.5 ft. to the west right of way line of public highway Interstate 69.

(Res. 060765, passed June 7, 1965, amended September 20, 1976)

Vacation of Portion of North Street, Homewood Park.  WHEREAS the DeKalb County Plan Commission has given notice of approval of the vacation of an unnamed public street described in said report as follows:

"A portion of North Street lying between Lot 1 in Block 2 and Lot 10 in Block I of Homewood Park Subdivision, which subdivision is located in the Northeast Quarter of Section 33, Butler Township, DeKalb County, Indiana being a rectangular strip 40 feet wide and 80 feet long"

NOW THEREFORE be it ordained that the following strip of public street be and is now vacated upon the report and recommendation of the DeKalb County Plan Commission:

"A portion of North Street lying between Lot I in Block 2 and Lot 10 in Block I of Homewood Park Subdivision, which subdivision is located In the Northeast Quarter of Section 33 Butler Township, DeKalb County, Indiana being a rectangular strip 40 feet wide and 80 feet long"

(Ord. 89-5, passed June 12, 1989)

Spencerville Alley Vacation.  WHEREAS, a Petition was filed with the DeKalb County Plan Commission to vacate the following Public Way:

a portion of an alley in Spencerville, DeKalb County, Indiana, to-wit:

SUBJECT OF VACATION: All that portion of an unimproved platted alley running in an east/west direction along the south line of lot 19 of the original town or Spencerville, DeKalb County, Indiana. Said portion of the alley to be vacated herein is 16.5 feet wide by 66.0 feet in length.

WHEREAS, the DeKalb County Plan Commission held a public hearing for the vacation of the Public Way after notice of public hearing had been given in accordance with Indiana law, including notice to adjoining landowners whose land abuts the public way proposed to be vacated;

WHEREAS, the vacation of the Public Way conforms to the general policy and pattern of development set forth in the Master Plan for Zoning of DeKalb County, Indiana;

WHEREAS, the DeKalb County Plan Commission approved the vacation of the Public Way subject to any existing utility easements;

WHEREAS, the DeKalb County Plan Commission recommended to the DeKalb County Commissioners the vacation of the Public Way;

WHEREAS, the Petition for Vacation of Public Way was filed with the DeKalb County Commissioners as the legislative body for DeKalb County, Indiana; and

WHEREAS, the DeKalb County Commissioners have held a public hearing with notice as required by Indiana law, including the consideration of any objection by any person aggrieved by the proposed vacation, if any;

NOW, THEREFORE, BE IT HEREBY ORDAINED, by the DeKalb County Commissioners of DeKalb County, Indiana, that the following Public Way in DeKalb County, Indiana, shall be and hereby is, vacated, and the public use has been and is abandoned, subject to any existing utility easements, to-wit:

SUBJECT OF VACATION: All that portion of an unimproved platted alley running in an east/west direction along the south line of lot 19 of the original town or Spencerville, DeKalb County, Indiana. Said portion of the alley to be vacated herein is 16.5 feet wide by 66.0 feet in length.

AND BE IT FURTHER ORDAINED THAT A COPY OF THIS ORDINANCE be furnished to the DeKalb County Recorder for recording and to the DeKalb County Auditor to place in the County Ordinance Record Book.

(Passed January 5, 1998)

Sunnyvale Drive Vacation. 

ARTICLE 7
DEVELOPMENT BONDS

Chapter 1
Development Bonds Requirements

Development Bonds Requirements.  WHEREAS the DeKalb County Commissioners are vested with the responsibility of approving development bonds for residential platted subdivisions approved by the DeKalb County Plan Commission pursuant to the Subdivision Ordinance, Step 4, Secondary Plat, be it resolved that the described section of that ordinance by aided to include the following additional provisions:

Development bonds acceptable to the county commissioners will include the following:

a) Certified checks payable to the county for the estimated cost of the work to be completed.

b) Surety bonds issued by a licensed surety company approved by the commissioners in an amount equal to the estimated cost of the work completed.

c) Property bond, on real estate, other than the real estate in the plat, which real estate must be proven at developer's cost to be appraised at a value of at least twice the cost of the work to be completed and proven at developers cost to be free and clear of all other liens and encumbrances except taxes.

The "cost of the work to be completed" in all cases above must be proven by an engineer's or contractor's estimate acceptable to the commissioners.

Bonds will run to a date certain for the work to be completed and upon failure of the developer to meet the completion date the bond posted shall be *forfeitable to the county upon a finding by the Plan Commission of *DeKalb County that said work is not completed at a hearing before said Plan Commission upon due notice to the principal and the surety of such hearing which shall by conducted in accordance with the requirements of due process before administrative agencies.

(Ord. 87-2, passed September 21, 1987)

County Road 23 Maintenance Bond.  WHEREAS, the DeKalb Central School District requested a permit for right of way easements on county highway roads; and

WHEREAS, the County approved that permit subject to the right of the County to require a performance bond; and

WHEREAS, the County is now requiring a performance bond of $50,000 to be effective for three years;

NOW THEREFORE, BE IT RESOLVED THAT the DeKalb County Commissioners require the DeKalb Central United School District to post a $50,000 bond for a three year period to cover maintenance of County Highway Road 23 from County Highway Road 10 to State Road 4.

(Ord. 96-5, passed July 1, 1996)

County Road 23 Maintenance Bond (Amended).  WHEREAS, the DeKalb Central School District requested a permit for right of way easements on county roads; and

WHEREAS, the County approved that permit subject to the right of the County to require a maintenance bond; and

WHEREAS, the County is now requiring a maintenance bond of $50,000.00 to be effective for two years; and

NOW THEREFORE, BE IT RESOLVED THAT the DeKalb County Commissioners require the DeKalb Central United School District to post a $50,000.00 bond for a two year period to cover maintenance of County Highway Road 23 from County Highway Road 10 to State Road 4 after the completion of utility and sewer construction along both sides of County Road 23.

(Ord. 96-5, passed July 15, 1996)

Chapter 3
Drainage Development Bonds

Brooke's Crossing Subdivision. 

Original Drainage Bond.  WHEREAS, Brooke's Crossing is a platted subdivision for residential purposed in the unincorporated area of the Jackson Township, southeast Quarter of Section 16 Township 33 North, Range 13 East, DeKalb County, Indiana, approved by the County Plan Commission and duly recorded in the records of DeKalb County, and;

WHEREAS, the Drainage is not in conformance with the standards of DeKalb County, and;

WHEREAS, the developer-owner of the subdivision has agreed to comply with the drainage requirements of the DeKalb County Surveyor and/or the DeKalb County Drainage Board regarding Brooke's Crossing, in Jackson Township, DeKalb County, IN;

NOW THEREFORE, the County Commissioners approve the acceptance of the plat as recorded on the condition that the aforesaid improvements are completed on or before the 31st day of December, 1996.

As a condition of the aforesaid approval the owner deposits herewith a Surety Bond to be forfeited upon owners failure to complete the improvements outlined above.

(Res. 96-10, passed August 22, 1996)

First Amendment-Brooke's Crossing.  WHEREAS, Brooke's Crossing is a platted subdivision for residential purposed in the unincorporated area of the Jackson Township, Southeast Quarter of Section 16 Township 33 North, Range 13 East, DeKalb County, Indiana, approved by the County Plan Commission and duly recorded in the records of DeKalb County, and;

WHEREAS, the Drainage is not in conformance with the standards of DeKalb County, and

WHEREAS, the developer-owner of the subdivision has agreed to comply with the drainage requirements of the DeKalb county Surveyor and/or the DeKalb county Drainage Board regarding Brooke's Crossing, in Jackson township, DeKalb County, IN.

NOW THEREFORE, the County Commissioners approve the acceptance of the plat as recorded on the condition that the aforesaid improvements are completed on or before the 14th day of September, 1997.

As a condition of the aforesaid approval the owner deposits herewith a surety Bond to be forfeited upon owners failure to complete the improvements outlined above.

(Amended Res. 96-10, passed July 28, 1996)

Second Amendment-Brooke's Crossing.  WHEREAS, Brooke's Crossing is a platted subdivision for residential purposed in the unincorporated area of the Southeast Quarter of Section 16 Township 33 North, Range 13 East, Jackson Civil Township, DeKalb County, Indiana, approved by the County Plan Commission and duly recorded in the records of DeKalb County, and;

WHEREAS, the Drainage is not in conformance with the standards of DeKalb County, and

WHEREAS, the developer-owner of the subdivision has agreed to comply with the drainage requirements of the DeKalb County Surveyor and/or the DeKalb County Drainage Board regarding Brooke's Crossing, in Jackson Civil Township, DeKalb County, IN.

WHEREAS, the bond agreement between the developers and DeKalb County has previously been established to expire August 14, 1997, and then extended one time to expire September 14, 1997,

NOW THEREFORE, the County Commissioners approve the acceptance of the plat as recorded on the condition that the aforesaid improvements are completed on or before the 14th day of October, 1997.

As a condition of the aforesaid approval the owner deposits herewith a surety Bond to be forfeited upon owners failure to complete the improvements outlined above.

(Second Amended Res. 96-10, passed September 15, 1997)

Third Amendment-Brooke's Crossing.  WHEREAS, Brooke's Crossing is a platted subdivision for residential purposed in the unincorporated area of the Southeast Quarter of Section 16 Township 33 North, Range 13 East, Jackson Civil Township, DeKalb County, Indiana, approved by the County Plan Commission and duly recorded in the records of DeKalb County, and;

WHEREAS, the Drainage is not in conformance with the standards of DeKalb County, and

WHEREAS, the developer-owner of the subdivision has agreed to comply with the drainage requirements of the DeKalb County Surveyor and/or the DeKalb County Drainage Board regarding Brooke's Crossing, in Jackson Civil Township, DeKalb County, IN.

WHEREAS, the bond agreement between the developers and DeKalb County has previously been established to expire September 14, 1997, and extended a second time to expire October 14, 1997,

NOW THEREFORE, the County Commissioners approve the acceptance of the plat as recorded on the condition that the aforesaid improvements are completed on or before the 30th day of October, 1997, except for the final seeding which shall be completed on or before the 15th day of May, 1998.

As a condition of the aforesaid approval the owner deposits herewith a surety Bond to be forfeited upon owners failure to complete the improvements outlined above.

(Third Amended Res. 96-10, passed October 14, 1997)

Auburn Hills Subdivision Drainage. 

Auburn Hills Section I.  WHEREAS, Auburn Hills Sec I is a platted subdivision for residential purposes in the unincorporated area of the Northwest Quarter of Section 20, Township 34 North, Range 13 East, Union Civil Township, Indiana, approved by the County Plan Commission and duly recorded in the records of DeKalb County, and

WHEREAS, the Street Improvements and Drainage are not in conformance with the standards of DeKalb County, and

WHEREAS, the developer-owner of the subdivision has agreed to comply with the street improvement requirements of the DeKalb County Highway Department and the DeKalb County Surveyor and/or the DeKalb County Drainage Board regarding Auburn Hills Sec I, in Union Civil Township, DeKalb County, Indiana.

NOW THEREFORE, the County Commissioners approve the acceptance of the plat as recorded on the condition that the aforesaid improvements are completed on or before the 15th day of September, 1997.

As a condition of the aforesaid approval the owner deposits herewith a Surety Bond to be forfeited upon owners failure to complete the improvements outlined above.

(Res. 96-14, passed September 16, 1996)

Auburn Hills Section II.  WHEREAS, Auburn Hills Sec II is a platted subdivision for residential purposes in the unincorporated area of the Northwest Quarter of Section 20, Township 34 North, Range 13 East, Union Civil Township, DeKalb County, Indiana, approved by the County Plan Commission and duly recorded in the records of DeKalb County, and;

WHEREAS, the Street Improvements and Drainage are not in conformance with the standards of DeKalb County, and;

WHEREAS, the developer-owner of the subdivision has agreed to comply with the street improvement requirements of the DeKalb County Highway Department, the City of Auburn Street Department and the DeKalb County Subdivision Ordinances and also with the drainage requirements of the DeKalb County Surveyor and/or the DeKalb County Drainage Board regarding Auburn Hills Sec II, in Union Civil Township, DeKalb County, Indiana,

NOW THEREFORE, the County Commissioners approve the acceptance of the plat as recorded on the condition that the aforesaid improvements are completed on or before the 15th day of September, 1997.

As a condition of the aforesaid approval the owner deposits herewith a Surety Bond to be forfeited upon owners failure to complete the improvements outlined above.

(Res. 96-13, passed September 16, 1996)

Deer Run Subdivision Drainage 

Deer Run Subdivision 

Renewal Deer Run 

Hartranft Subdivision 

Detention Pond Bond. 

Rustic Meadows Section II.  WHEREAS, Rustic Meadows Section II is a platted subdivision for residential purposes in the unincorporated area of the Northwest quarter of Section 18, Township 33 North, Range 12 East, DeKalb County, Indiana, approved by the County Plan Commission and duly recorded in the records of DeKalb County, and

WHEREAS, the developer D.D.D. Development Corporation has been advised that drainage is not in conformance with the standards of the DeKalb County Drainage Board and the requirements of the DeKalb County Drainage Board have been set out in a certain letter dated June 19, 1989 from the DeKalb County Surveyor to the developer which is on file with the Drainage Board and Planning Commission,

WHEREAS, the developer-owner of the subdivision has agreed to take certain immediate action to correct the drainage deficiencies,

NOW THEREFORE, the County Commissioners preliminarily approve the acceptance of the subdivision Rustic Meadows Section II subject to the completion of drainage within a period of one calendar year from this date.

The developer hereby places in escrow with the County Auditor a share certificate of deposit in the sum of $10,000 issued by the DeKalb County Farm Bureau Co-Op Credit Union #3749 payable to Triple D Development and the DeKalb County Commissioners which certificate shall act as a surety deposit to be forfeited to the County of DeKalb upon failure of the developer to complete the drainage improvements before one year from this date.

(Res 101689, passed October 16, 1989)

Hearthstone Section I.  WHEREAS, Hearthstone, Section I is a platted subdivision for residential purposes in the unincorporated area of the Wilmington Township Quarter of Section 26 Township 34 North, Range 14 East, DeKalb County, Indiana, approved by the County Plan Commission and duly recorded in the records of DeKalb County, and;

WHEREAS, the Drainage is not in conformance with the standards of DeKalb County, and;

WHEREAS, the developer-owner of the subdivision has agreed to comply with the drainage requirements of the DeKalb County Surveyor and/or the DeKalb County Drainage Board regarding Hearthstone, Section I, in Wilmington Township, DeKalb County, IN;

NOW THEREFORE, the County Commissioners approve the acceptance of the plat as recorded on the condition that the aforesaid improvements are completed on or before the 30th day of September, 1996.

As a condition of the aforesaid approval the owner deposits herewith a Surety Bond to be forfeited upon owners failure to complete improvements outlined above.

(Res. 96-8, passed July 15, 1996)

Garrison's Homestead (Second Additions) Plat Accepted.  Whereas, the Second Addition to Garrison's Homestead is a platted subdivision for residential purposes in the unincorporated area of the Southwest Quarter of Section 4, Township 33 North, Range 12 East, Keyser Civil Township, DeKalb County, Indiana, approved by the County Plan Commission and duly recorded in the records of DeKalb County, and

Whereas, the Drainage are not in conformance with the standards of DeKalb County, and

Whereas, the developer-owner of the subdivision has agreed to comply with the drainage requirements of the DeKalb County Surveyor and/or the DeKalb County Drainage Board regarding the Second Addition to Garrison's homestead, in Keyser Civil Township, DeKalb County, Indiana,

Now Therefore, the County Commissioners approve the acceptance of the plat as recorded on the condition that the aforesaid improvements are completed on or before the 23rd day of July , 1997.

As a condition of the aforesaid approval the owner deposits herewith a Surety Bond to be forfeited upon owners failure to complete the improvements outlined above.

(Res. 97-8, passed May 5, 1997)

ARTICLE 8
AMENDMENTS TO ZONING ORDINANCE

Chapter 1
Zoning Map of DeKalb County Amended

Zoning Map of DeKalb County Amended.  Whereas the DeKalb County Plan Commission has recommended the approval of the petition of Glenn L. Wilber and Gina M. Wilber and others to amend the Zoning Map of DeKalb County, Indiana by reclassifying from the C-RS District to the C-11 District the property in Sections 27, 28 and 33 of Township 34 North, Range 14 East in DeKalb County, Indiana consisting of 745 acres more or less which is more particularly described in Exhibit "A" attached hereto and made a part hereof.,

After do consideration of the recommendation of the DeKalb County Commissioners do now ordain as follows:

That the Zoning Map of DeKalb County be amended by reclassification from the C-RS District to C-11 District the property in Sections 27, 28 and 33 in Township 34 North, Range 14 East, DeKalb County, State of Indiana as more particularly described in Exhibit "A" attached hereto and made a part hereof.

(Ord. 94-4, passed May 2, 1994)

Chapter 2
Amendment of Plan Commission Ordinances in Minutes,
Dated December 21, 1964

Amendment of Plan Commission Ordinances in Minutes  

Dated December 21, 1964. WHEREAS, The Board of Commissioners of the County of DeKalb has upon its own motion examined the minutes of its meeting held on December 21st, 1964 insofar as said minutes refer to the matter of the Plan Commission ordinances, and has examined the zoning maps relating thereto and has examined a copy of the minutes of the DeKalb County Plan Commission, and has been advised by Mr. Cecil Fitch, who was present at said meeting, and

WHEREAS: The Commissioners now find that said minutes of said meeting held on December 21st, 1964 are inadequate and ambiguous and do not fully disclose the action taken at said meeting.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF DEKALB that said minutes of the meeting of said Board held on December 21st, 1964 insofar as said minutes relate to the matter of Plan Commission (ordinances) be and they hereby are amended nunc pro tunc to read an follows:

"The following ordinances were adopted and signed by the Commissioners with the following exceptions: The Commissioners passed the zoning ordinance and zoning maps, as amended by the DeKalb County Plan Commission rezoning 10 acres in the south west corner of the southwest quarter of the southwest quarter of Section 35, Township 33 North, Range 12 east, and placing said 10 acres in an open industries, district classifying the same C-11.

Zoning ordinances

Improvement Location Permit ordinances

Major Street and Highway Plan ordinances

Subdivision Control ordinances

(Res. 67-2, passed January 16, 1967)

Chapter 3
Water and Sewage Plan Executed by Plan Commission
Shall Be Governed by FHA Forms 400-1 and 400-4

Water and Sewage Plan Executed by Plan Commission Shall Be Governed by FHA Forms 400-1 and 400-4.  RESOLVED BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY INDIANA, That WHEREAS, The Board of County Commissioners have applied for a grant from the Federal Government for the purpose of making a comprehensive county wide water and sewage plan, and

WHEREAS, to cooperate and comply with rules and regulations set forth by the Farmers Home Administration, United States Department of Agriculture, and

WHEREAS, as certain forms relating to Nondiscrimination and Equal Opportunity have been executed by the Commissioners of DeKalb County, Indiana, FHA Forms 400-1 and 400-4, and

WHEREAS, the DeKalb County Plan Commission is the Agency executing a contract FHA Form 442-15 (revised 5-5-67 with a Planner and that said County Plan Commission shall be governed by the Provisions of FHA Forms 400-1 and 400-4.

BE IT RESOLVED THEREFORE, that the DeKalb County Plan Commission shall be governed by the provision of FHA Forms 400-1 and 400-4.

(Res. 67-7, passed July 31, 1967)

Chapter 4
Acceptance of Sandy Valley Subdivision

Acceptance of Sandy Valley Subsivision.  WHEREAS, Sandy Valley is a plated subdivision for residential purposes in the unincorporated area of the southwest quarter of Section 13, Township 33 North, Range 12 East, DeKalb County, Indiana, approved by the County Plan Commission and duly recorded in the records of DeKalb County, and

WHEREAS, the principal street of said subdivision is Crestview Drive, which is not in conformance with the standards of the DeKalb County Highway Department for public thoroughfares, and

WHEREAS, the developer-owner of the subdivision has agreed to take certain immediate action to make Crestview Drive usable as a public thoroughfare temporarily and to bring it to standard within the period of five (5) years,

NOW THEREFORE, the County Commissioners approve the acceptance of the subdivision Sandy Valley as recorded and the temporary acceptance of Crestview Drive as a public highway subject to the conditions that said highway shall not be permanently accepted as a county highway until the street is paved to county standards with proper base and surface including a culdesac at the north end or in the alternative the completion of said street in a northerly direction within a period of five years from this date. During said interim period of five (5) years the culdesac area must be gravel to a sufficient depth to handle normal traffic flow in the subdivision.

(Res. 82-2, passed November 8, 1982)

ARTICLE 9
HOUSE NUMBERS DISPLAY ORDINANCE

House Numbers Display Ordinance.  WHEREAS, the County Commissioners for DeKalb County, Indiana have determined that to ensure the continued health and safety of the general public, a set of rules are required for prescribing street address numbering locations and number size; and

WHEREAS, the County Commissioners for DeKalb County, Indiana, have received concerns from Police, Fire and Emergency Medical Services that it is difficult to locate some residences or businesses in the County of DeKalb because there are no street address numbers or, if present, are incorrect or, are inadequate for identification; and

WHEREAS, the County Commissioners for DeKalb County, Indiana, have determined that without adequate street address numbers, emergency service responses could be slower, thus potentially aggravating emergency situations;

BE IT THEREFORE ORDAINED BY THE COUNTY COMMISSIONERS FOR DEKALB COUNTY, INDIANA;

ARTICLE 10
DEKALB COUNTY PLAN COMMISSION

Chapter 1
Creation of DeKalb County Plan Commission

Creation of DeKalb County Plan Commission.  BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DEKALB, INDIANA:

WHEREAS, It is the considered judgment of the members of the Board of Commissioners for DeKalb County, State of Indiana, that it would be for the best interests of the citizens of the County of DeKalb to improve the present health, safety, convenience and welfare and to plan for the orderly development of' the community and it's environs, to the end that adequate highways, utilities, matters of health, education and recreation, be carefully planned, to provide healthful surroundings for family life; that the needs of the community be recognized in future growth and that the growth of the community be commensurate with the promotive of the efficient and economical use of public funds.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DEKALB, INDIANA, that a Plan Commission be, and the same is hereby created and established pursuant to the terms of and under the authority of Chapter 174, Acts of 1947, and all acts amendatory or supplementary thereto, General Assembly of the State of Indiana.

Section 1. That said County Plan Commission shall consist of nine members. Four (4) official members shall be appointed as follow: One (1) member selected by the Board of County Commissioners from its membership; The County Surveyor by virtue of his office and the County Agricultural Agent by virtue of his office; the county superintendent of schools. In the event that there be in the county government no such office as county superintendent of schools or county surveyor, the county commissioners shall appoint an additional citizen member to the plan commission for each such non-existent position. The official members shall serve during the term of their respective elective or appointive office.

The Board of County Commissioners shall appoint five (5) citizens members, not more than three (3) of whom shall be members of the same political party. The citizen members shall be appointed for the following terms: One for a term of one year; one for term of two years; one for a term of three years; two for a term of four years. The terms shall expire on the first Monday of January of the first, second, third or fourth year, respectively, following their appointment. Thereafter, as the terms expire, each new appointment shall be for a term of four years.

Section 2. BE IT ORDAINED FURTHER, that upon the enactment of the ordinance creating a county plan commission by the Board of County Commissioners, the Board of County Commissioners shall select a member of its body to serve on the plan commission. The term of the appointed member shall be co-extensive with the term of office to which he has been elected. unless the Board of County Commissioners on its first regular meeting of each year appoints another to serve as its representative

The Board of County Commissioners shall fill any vacancy occurring in its membership on the said plan commission.

Section 3. BE IT ORDAINED FURTHER, if a vacancy occurs by resignation or otherwise among the citizen members, the Board of County Commissioners shall appoint a member for the unexpired term.

Section 4. BE IT FURTHER ORDAINED, that the citizen members shall be qualified by knowledge and experience in matters pertaining to the development of the county and shall hold no other office in county government. Members shall be residents of the county and shall be chosen by location of residence within the county, one (l) each from each commissioners district and two (2) chosen at large. Citizen members shall reside in the area over which the plan commission has jurisdiction, except however, that in case the majority of the area in any commissioner district may lie outside the area over which the plan commission has the jurisdiction, the representative of the district may be appointed from any part of that commissioner district.

Section 5. BE IT FURTHER ORDAINED), that upon appointment of the members of such Plan Commission, such members shall meet and elect one of their members President and one Vice President, and shall appoint, prescribe the duties and fix the compensation of a secretary, and such employees as are necessary for the discharge of the duties and responsibilities of the said Commission.

Section 6. That hence forth, all subject matters in the County of DeKalb within the scope of the rights and duties of a Plan Commission, as defined and set up by the statute of the State of Indiana, be considered and determined by the Plan Commission herein and hereby created.

(Ord. 63-5, passed July 15, 1963)

Chapter 2
DeKalb County Plan Commission Approval Required

DeKalb County Plan Commission Approval Required.  The Commissioners prepared an ordinance prohibiting, for a period of one (1) year from the date of the passage, the erection, construction, alteration or use of property or buildings for business or industrial purposes in residence neighborhoods or agricultural areas with in the jurisdiction of the DeKalb County Plan Commission, without the approval of the DeKalb County Plan Commission; defining residence neighborhoods and agricultural areas; making certain exceptions and providing penalties for the violation of any of its provisions.

(Ord. 64-3, passed March 9, 1964)

Chapter 3
Acceptance of Auburn City Plan Commission Jurisdiction

Acceptance of Auburn City Plan Commission Jurisdiction.  The following Resolution was presented to the Commissioners:

WHEREAS, the Auburn City Plan Commission of the City of Auburn, Indiana, did on the 10th day of October, 1956 adopt a resolution defining the jurisdictional area of said commission, a copy of which resolution is attached hereto, marked "Exhibit A", and by this reference made a part hereof, and which resolution was duly recorded in the office of the recorder of DeKalb County, Indiana, in Miscellaneous Record V at page 216, and

WHEREAS, said plan Commission did on the 18th day of December, 1957, duly adopt an amendment to said resolution, a copy of which is attached hereto, marked "Exhibit B", and by this reference made a part hereof, and which resolution was duly recorded in the office of the Recorder of DeKalb County, Indiana, in Miscellaneous Record W at page 38, and

WHEREAS, thereafter and upon this day of, 1959, pursuant to the adoption of a master plan for the City of Auburn, Indiana, and said jurisdictional area, the Common Council of said City duly adopted a zoning ordinance, a thoroughfare ordinance, and a subdivision control ordinance for said City and jurisdictional areas, and

WHEREAS, said City of Auburn is presently engaged in exhaustive research with regard to the characteristics of said City and its population, commerce, industry, and related matters preparatory to the preparation of a new master plan for said City and Said jurisdictional area outside of said City, and

WHEREAS, said City of Auburn will be expected to furnish essential services, such as fire protection, sewage disposal, water supply and electric power in said jurisdictional area, and

WHEREAS, said City of Auburn will be expected to annex such areas thereof as may be or become contiguous to said City, and

WHEREAS, the proposed master plan, zoning ordinance, thoroughfare ordinance and subdivision control ordinance of the DeKalb County Plan Commission, of DeKalb County, Indiana, differs materially from the similar ordinance of the City of Auburn, Indiana, to the effect that upon such annexation there will be numerous non-conforming uses in such annexed areas upon such annexations, and

WHEREAS, said jurisdictional area in essential to the future growth of the City of Auburn; is economically and culturally integrated with said City; and is dependent upon said City for essential public services,

NOW, THEREFORE, BE IT RESOLVED BY THE AUBURN CITY PLAN COMMISSION OF THE CITY OF AUBURN, INDIANA, THAT said commission do hereby petition the Board of Commissioners of the County of DeKalb, in the State of Indiana, that said board of Commissioners of the County of DeKalb do, by ordinance duly adopted under and pursuant to Section 34 of Chapter 174, of the Acts of the General Assembly of Indiana, 1947, as amended, (Burns Indiana Statutes  53-734) continue the jurisdiction of the Auburn City Plan Commission of the City of Auburn, Indiana, over the territory described in said resolutions attached hereto marked "Exhibit A" and "Exhibit B"or such parts or parcels thereof as shall by said Board of Commissioners of the County of DeKalb at its next meeting.

(Res. 112364, passed November 18, 1964)

ARTICLE 11
FLOOD PLAIN MANAGEMENT ORDINANCE

Flood Plain Management Ordinance.  AN ORDINANCE AMENDING THE MASTER PLAN OF DEKALB COUNTY, INDIANA, WHICH INCLUDES THE ORIGINAL ZONING ORDINANCE NO. 1 THROUGH 4 AS WELL AS SUCH AMENDMENTS BY ZONING ORDINANCE ENACTED AFTER THE 21ST DAY OF DECEMBER, 1964, AS FOLLOWS:

WHEREAS, the Federal Government has laws affecting flood zone areas in DeKalb County; and

WHEREAS, DeKalb County is desirous of cooperating with the enforcement of said flood zone for the benefit of public welfare; and

WHEREAS, the Indiana Legislature has, by State Legislation dealing with planning and zoning, granted the power to local units of government (I.C. 36-7-4) to control land use within the jurisdiction to accomplish the following: