§ 14-1. Commercial construction abutting residential property restricted.

(a)

"Construction," as used in this section, shall be considered the laying of a foundation for the erection of a building.

(b)

Hereafter, any commercial construction in the county, outside the corporate limits of any incorporated town or city, which abuts residential property shall adhere to the following standards:

(1)

A plat of the proposed building site shall be submitted by a certified registered engineer to the county planning board for their approval.

(2)

The plat shall be in conformity with the existing subdivision rules and regulations of the county planning board and, in addition, no structure shall be located any closer to a residential property line than forty (40) feet.

(3)

The plat shall be filed with the circuit clerk.

(c)

Any of the standards set out in subparagraphs (b)(1) through (3) of this section may be waived by the county planning board on a finding by such board that such a waiver would be in the best interest of the property owners and the public.

(d)

Causing commercial construction to take place without first having complied with paragraph (b) of this section is a misdemeanor, and a defendant convicted of such misdemeanor may be punished pursuant to section 1-9 of this Code.

(Ord. No. 31, §§ 1, 2, 3-22-77; Ord. No. 116, Art. 1, 1-24-78)