Zoning, building permits and septic rules in Hamilton Township, Indiana

Rules another office applies inside Hamilton Township

Hamilton Township does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Building code adoptedAdopted

  Building construction in Jackson County, Indiana, including land inside Hamilton township

  • Adopts the Indiana state rules (675 IAC articles 13, 14 Indiana Residential Code, 16 plumbing, 17 electrical, 18 mechanical, 19 energy, 20 swimming pool, 22 fire, 25 fuel gas, 28 NFPA) by reference, including later amendments.
  • The building code is Jackson County Ordinance No. 6, Commissioners Bill No. 5 (2018), Chapter 17.
  • Incorporated towns may have their own rules; this county code's zoning jurisdiction excludes them.

  “the rules of the indiana fire prevention and building safety commission as set out in the following articles of title 675 of the indiana administrative code are hereby incorporated by reference in this code and shall include any later amendments to those rules.”

• Certificate of occupancyRequired

  Occupancy of any new structure in Jackson County, Indiana, including land inside Hamilton township

  • A full, partial, or temporary certificate of occupancy is required before occupancy.
  • A structure cannot receive a certificate of occupancy unless its placard requirements are met.

  “it shall be unlawful to occupy any structure unless a full, partial, or temporary certificate of occupancy has been issued by the building commissioner.”

• Local zoningPresent (with conditions)

  Unincorporated land inside Hamilton township is covered by the Jackson County zoning ordinance (a county rule, not a township ordinance). Does not apply inside the listed incorporated towns or Seymour's extraterritorial jurisdiction.

  • Verify the parcel is outside Seymour, Brownstown, Medora, Crothersville and Seymour's two-mile fringe; the county ordinance does not apply there.
  • Township-adopted zoning, if any is later found, would replace this for land inside its limits.

  “this ordinance applies to all land within jackson county, indiana, with the exception of the incorporated boundaries of the city of seymour, town of brownstown, town of medora, & town of crothersville”

• Zoning districtsPublished

  Zoning districts and official zoning map for unincorporated land inside Hamilton township

  • Districts named in the ordinance include Agricultural (AG), Forest & Recreational (FR), Residential 1 (R-1), Residential 2 (R-2), Lake Residential (LR), General Business (GB), and Industrial (I).
  • The official zoning map is a separate adopted map; this research did not open the map itself.

  “section 2-2 official zoning map an updated official zoning map is adopted as a part of this ordinance.”

• Minimum dwelling sizeSpecified

  Single-family dwelling in the Agricultural (AG) district in unincorporated Jackson County, Indiana, including unincorporated land inside Hamilton township

  • One-story dwelling minimum 720 square feet; two-story dwelling minimum 1,400 square feet.
  • Applies to the agricultural district only; check the district for any exceptions.

  minimum one-story dwelling size: >= 720 square feet · minimum two-story dwelling size: >= 1400 square feet

  “district agricultural front setback county road (cl) front setback state road (cl) adjoining property line setback one story dwelling minimum size two story dwelling minimum size 60.00’ 100.00’ 10.00’ 720.00’ 1400.00’”

  One more reviewed finding on this topic

  • Specified — Single-family dwelling in the Residential 1 (R-1) district in unincorporated Jackson County, Indiana, including unincorporated land inside Hamilton township

    “residential 1 front setback county road (cl) 60.00’ 90.00’ 10.00’ 720.00’ 1400.00’”

• Minimum lot sizeSpecified

  New lots in the Residential 1 (R-1) district in unincorporated Jackson County, Indiana, including unincorporated land inside Hamilton township

  • On-site septic lots: minimum 1 acre (43,560 sq ft) and 150 ft width.
  • Lots served by municipal sewer: minimum 10,000 sq ft and 70 ft width.
  • Each lot also requires two approved septic sites or one repairable system by the Jackson County health department.
  • Table flattened in the PDF text; the mapping of values to on-site versus sewer columns was read from the column order.

  minimum lot area, on-site septic: >= 1 acre (43,560 square feet) · minimum lot area, municipal sewer: >= 10000 square feet

  “district residential 1 on-site septic system municipal sewer residential 2 on-site septic system municipal sewer lake residential on-site septic system municipal sewer lot area & width requirements minimum lot area minimum lot width 1 acre (43,560 square feet) 10,000 square feet 150.00’ feet 70.00’ feet”

  One more reviewed finding on this topic

  • Specified — New lots in the Agricultural (AG) district in unincorporated Jackson County, Indiana, including unincorporated land inside Hamilton township

    “lot area & width requirements district minimum lot area minimum lot width agricultural 1 acre (43,560 square feet) 150.00’ feet”

• SetbacksSpecified

  Structures in the Agricultural (AG) district in unincorporated Jackson County, Indiana, including unincorporated land inside Hamilton township

  • Front setback from county road centerline 60 ft; from state road centerline 100 ft; adjoining property line 10 ft.
  • Road and front setbacks are measured from the centerline of county and state roads.
  • Accessory structures follow Chapter 10; county-regulated drains require a 75 ft setback from top of bank.
  • Corner lots must meet both road frontage setbacks.

  front setback, county road centerline: >= 60 feet · front setback, state road centerline: >= 100 feet · side/rear adjoining property line setback: >= 10 feet

  “district agricultural front setback county road (cl) front setback state road (cl) adjoining property line setback one story dwelling minimum size two story dwelling minimum size 60.00’ 100.00’ 10.00’ 720.00’ 1400.00’”

  One more reviewed finding on this topic

  • Specified — Structures in the Residential 1 (R-1) district in unincorporated Jackson County, Indiana, including unincorporated land inside Hamilton township

    “residential 1 front setback county road (cl) 60.00’ 90.00’ 10.00’ 720.00’ 1400.00’”

• Building heightSpecified

  Structures in the Agricultural (AG) district in unincorporated Jackson County, Indiana, including unincorporated land inside Hamilton township

  • Structures over the maximum height need a variance.
  • Agricultural structures may be erected to any height needed for operation, no greater than 75 ft.

  maximum building height: <= 35 feet (agricultural structures up to 75 feet)

  “*note: an agricultural structure may be erected or changed to any height necessary for its operation, no greater than seventy-five (75') feet.”

  One more reviewed finding on this topic

  • Specified — Structures in the Residential 1 (R-1) district in unincorporated Jackson County, Indiana, including unincorporated land inside Hamilton township

    “maximum height requirements agricultural & forest & recreational districts 35.00’ residential districts 35.00’ business districts 45.00’ industrial districts 75.00’”

• Living in an RVProhibited

  Using a recreational vehicle as a residence on private land in unincorporated Jackson County, Indiana, including unincorporated land inside Hamilton township

  • Lot must be outside a recreational vehicle park.
  • Septic must be discharged into an approved tank.
  • Stated in the mobile home section of Chapter 8 (use regulations).

  maximum stay on a lot outside a recreational vehicle park: <= 30 days

  “recreational vehicles may not be used for residential purposes and may only be located on a lot outside of a recreational vehicle park for a maximum of thirty (30) days, and septic must be discharged into approved tank.”

  One more reviewed finding on this topic

  • Temporary only (with conditions) — Temporary occupancy of a recreational vehicle on private land in unincorporated Jackson County, Indiana, including unincorporated land inside Hamilton township

    “the plan director may grant a permit for temporary occupancy of a mobile home or recreational vehicles for a period of not more than one (1) year provided all the following are met:”

• Manufactured homesLimited

  Placement and occupancy of a manufactured or mobile home on private land in unincorporated Jackson County, Indiana, including unincorporated land inside Hamilton township

  • Obtain a mobile home transfer permit (state form 7878) from the Jackson County treasurer's office.
  • Obtain an on-site sewage permit from the Jackson County health department.
  • Meet all other building permit requirements in Chapter 13, Section 4.
  • Further placement conditions in the same section (e.g., facade rules) were not fully read.

  “e) prior to being issued a building permit, the applicant must obtain: 1. a mobile home transfer permit (state form 7878) from the jackson county treasurer’s office. 2. an on-site sewage permit from the jackson county health department.”

• Who permits septicCounty (with conditions)

  On-site septic systems for lots in Jackson County, Indiana, including land inside Hamilton township; administered by the Jackson County health department

  • Each new lot needs approval of two approved septic sites or one repairable system by the Jackson County health department.
  • Manufactured home placement also requires an on-site sewage permit from the Jackson County health department.

  “*note: all lots shall also require approval of two (2) approved septic sites or one (1) repairable system by the jackson county health department.”

• Septic permitRequired

  New lots and new residential or commercial structures in unincorporated Jackson County, Indiana, including land inside Hamilton township

  • Requires approval of two approved septic sites or one repairable system before the lot is approved.
  • Non-conforming lots of record may be permitted with proof of a dated record deed and the same septic approval.

  “*note: all lots shall also require approval of two (2) approved septic sites or one (1) repairable system by the jackson county health department.”

• Subdividing landRegulated (with conditions)

  Division of land in unincorporated Jackson County, Indiana, including unincorporated land inside Hamilton township

  • Divisions must follow the Jackson County Subdivision Control Ordinance, which was not opened.
  • Residential building lots need 50 ft of deeded access.

  “divisions to land shall be subject to the requirements set forth in the jackson county subdivision control ordinance.”

• Driveway accessRequired

  Residential building lots in unincorporated Jackson County, Indiana, including unincorporated land inside Hamilton township

  • Deeded access of 50 ft is required on all residential building lots.
  • Corner residential lots may have only one drive access, from one road.
  • Driveway construction standards were not located.

  deeded access width: >= 50 feet

  “d) access: 50.00' deeded access is required on all residential building lots.”

• Building in a floodplainRequired

  Development in mapped special flood hazard areas (SFHA) in Jackson County, Indiana, including land inside Hamilton township; not all parcels

  • Applies only to areas of special flood hazard; parcels outside the SFHA are not covered by this requirement.
  • Development includes construction, placing a manufactured home, and installing an RV on site for more than 180 days.
  • Violations carry a fine up to $2,500 per day.

  “a floodplain development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development activities in areas of special flood hazard.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Hamilton Township or Jackson County directly.

• Owner-builder exemption — Owner-builder exemption for a home built by the owner in Jackson County, Indiana
• Inspections — Construction inspections for new homes in Jackson County, Indiana, including land inside Hamilton township
• Lot coverage — Maximum lot coverage in the agricultural and residential districts in unincorporated Jackson County, Indiana
• Tiny homes — Occupancy of a tiny home on private land in Jackson County, Indiana, including unincorporated land inside Hamilton township
• Accessory dwellings — Accessory dwelling units on private land in Jackson County, Indiana, including unincorporated land inside Hamilton township

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.