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(A) TU-01: temporary uses or structures that abide by all applicable development standards for the subject zoning district are permitted. The following standards also pertain to temporary uses/structures.
(1) Transition to permanent or accessory uses/structures. Any temporary use or structure that is intended to transition into a permanent use/structure or accessory structure must meet all standards for a permanent use/structure or accessory structure. In the event the intent is not noted upon the application, the transition to a permanent use/structure or accessory structure will not be permitted for one year from the application date.
(2) Duration. All temporary uses/structures shall be permitted for the period of up to six months, unless otherwise noted in this chapter.
(3) Permit. All temporary uses/structures will be required to have a temporary improvement location permit and will be subject to fees as adopted, unless otherwise noted in this subchapter.
(4) Cessation of use. All temporary uses/structures must, upon cessation, remove all structures, elements and debris; and revert all alterations to the original site to its original state. All removal and alterations must take place within the permitted duration.
(5) Limit. A petitioner shall be limited to a total of one temporary uses/structures per year.
(B) TU-02: temporary uses permitted include:
(1) Garage sales (no permit necessary):
(a) Garage sales are permitted a maximum of three times per year, per property; and
(b) Maximum duration (time limit) for a sale shall be two days.
(2) Children’s roadside stand (no permit necessary); and
(3) Tents for a private party/event (no permit necessary).
(C) TU-03: temporary structures/uses permitted include:
(1) Construction trailers (permit may be renewed one time by the Zoning Administrator with reason;
(2) Roadside sales vehicles or structures; and
(3) Tents for sales and business events. Maximum duration (time limit) is 15 days with permit.
(Ord. 2002-05, passed 12-30-2002, § 7.6)
(A) LS-01:
(1) Landscaping is an essential part in the design and development of a site. Such plantings are a benefit to the environment, public health, safety, comfort, convenience and general welfare of the community. These standards will result in the reduction of storm water runoff, glare, heat buildup, may reduce energy costs in structures and will improve the aesthetics of the community.
(2) A detailed landscape plan including size, type and location of plant materials shall be submitted for review and approval to the Plan Commission or its designees for all multi-family, commercial, industrial or institutional new construction projects, additions or conversion from residential to commercial. For the purposes of this section, institutional is included, but is not limited to, governmental institutions, schools, churches and hospitals. The minimum requirements are as follows.
(a) All deciduous trees planted must be one and one-half inch caliper trees. All evergreen trees planted shall be a minimum of five feet in height. All shrubs planted shall be a minimum of 24 inches in height.
(b) Any trees planted to meet the landscaping standards must be replanted with a tree of like species if the tree dies or becomes diseased at any time regardless of property ownership.
(c) A minimum of 65% of all plantings, including foundation plantings, shall be located in the front yard(s).
(B) LS-02: minimum plantings required by use:
Use | Type | Num. | Per | Size |
Use | Type | Num. | Per | Size |
Single-family | Deciduous | 1 | 1 dwelling unit | 1-1/2” caliper |
Needled evergreen | 1 | 1 dwelling unit | 5 feet tall | |
Foundation plantings | 1 | 20’ of perimeter | 12” tall | |
Multiple- family | Deciduous | 1 | 2 dwelling units | 1-1/2” caliper |
Needled evergreen | 1 | 2 dwelling units | 5 feet tall | |
Ornamental | 1 | 4 dwelling units | 6 feet tall | |
Foundation plantings | 1 | 10’ of perimeter | 12” tall | |
Retail commercial (Not DC District) | Deciduous | 1 | 1,000 sq. ft. floor area | 1-1/2” caliper |
Needled evergreen | 1 | 1,000 sq. ft. floor area | 5 feet tall | |
Ornamental | 1 | 1,000 sq. ft. floor area | 6 feet tall | |
Foundation plantings | 1 | 20’ of perimeter | 18” tall | |
Office commercial (Not DC District) | Deciduous | 1 | 1,000 sq. ft. floor area | 1-1/2” caliper |
Needled evergreen | 1 | 1,000 sq. ft. floor area | 5 feet tall | |
Ornamental foundation | 1 | 1,000 sq. ft. floor area | 6 feet tall | |
Plantings | 1 | 10’ of perimeter | 18” tall | |
Institutional (Not DC District) | Deciduous | 1 | 1,000 sq. ft. floor area | 1-1/2” caliper |
Needled evergreen | 1 | 1,000 sq. ft. floor area | 5 feet tall | |
Ornamental | 1 | 1,000 sq. ft. floor area | 6 feet tall | |
Foundation plantings | 1 | 10’ of perimeter | 18” tall | |
Industrial (Not DC District) | Deciduous | 1 | 3,000 sq. ft. floor area | 1-1/2” caliper |
Needled evergreen | 1 | 3,000 sq. ft. floor area | 5 feet tall | |
Ornamental | 1 | 3,000 sq. ft. floor area | 6 feet tall | |
Foundation plantings | 1 | 30’ of perimeter | 24” tall | |
(1) The plantings required to meet buffer yard or parking lot standards shall not be counted toward this minimum landscaping requirement.
(2) Existing vegetation on site can be counted toward the minimum landscaping requirements.
(3) All foundation plantings must be within ten feet of the structures’ foundation and should be scrubs, ornamental bushes, ornamental plants or flowering plants.
(C) LS-03: general standards for landscaping:
(1) No landscaping materials, vegetation, plants, shrubs, trees, retaining walls, bedding, lighting or mounds may extend into any existing or proposed right-of-way or easement without the written permission from the agency that established the right-of-way or easement.
(2) No trees may be planted within five feet of sidewalks, streets, curbs, gutters, drainage tile or other infrastructure, unless approved otherwise by the Planning Commission.
(3) The species of trees and plants for proposed landscape plan may be subject to approval of Plan Commission or its designees.
(Ord. 2002-05, passed 12-30-2002, § 7.7)
BY-01:
(A) Purpose. The general purpose of a buffer yard is to soften the potential conflicts between potential uses in one zoning district from the potential uses in another adjacent district by using plantings, fences and mounds. The potential degree (or intensity) of conflict (or potential conflict) between two zoning districts will determine the extent of buffer yard required.
(B) Type. The following matrix determines the type of buffer yard which shall be installed by the subject development. First find the zoning district of the subject property (across the top). Second, find the zoning district of the adjacent property (in the left column). Where the two intersect on the matrix will be a letter (A, B or C) or a blank space. When there is a blank space no buffer yard is necessary. If an “A”, “B” or “C” is indicated in the matrix, a buffer yard is mandatory.
Adjacent District | Zoning District of the Subject Property | |||||||||||||
R1* | R2* | R3* | R4* | R5* | MP | SC | OC | DC | C1 | C2 | C3 | C4 | AG | |
Adjacent District | Zoning District of the Subject Property | |||||||||||||
R1* | R2* | R3* | R4* | R5* | MP | SC | OC | DC | C1 | C2 | C3 | C4 | AG | |
R1 | B | B | B | B | B | C | B | B | B | C | C | C | C | |
R2 | B | B | B | B | B | C | B | B | B | C | C | C | C | |
R3 | B | B | B | B | B | C | B | B | B | C | C | C | C | |
R4 | B | B | B | B | B | C | B | B | B | C | C | C | C | |
R5 | A | B | B | B | A | C | B | A | A | B | C | C | C | |
MP | B | B | A | A | B | B | C | C | ||||||
SC | A | A | A | C | C | |||||||||
OC | A | A | A | B | C | |||||||||
DC | A | A | A | A | B | A | B | C | ||||||
C1 | A | A | A | C | ||||||||||
C2 | A | B | ||||||||||||
C3 | A | |||||||||||||
AG | ||||||||||||||
NOTES TO TABLE: A = “A” Buffer Yard B = “B” Buffer Yard C = “C” Buffer Yard * Non-single-family residential use | ||||||||||||||
(C) General buffer yard standards. The following buffer yard standards will apply to all bufferyards.
(1) The buffer yard standards only apply along the property lines where the two conflicting zoning districts meet.
(2) The developer or owner of the subject property is responsible for installing the buffer yard.
(3) The adjacent property owner shall not have to participate in installing the buffer yard.
(4) An irregular row and spacing of trees is preferred. However, no two trees shall be placed within 20 feet from one another.
(5) All deciduous trees must have at least a two-inch caliper and all needled evergreen must be six feet in height when planted.
(6) All trees must be properly maintained, and be replaced if the tree dies, is diseased or is damaged from natural causes.
(D) Buffer Yard “A”.
(1) An additional ten feet of setback shall be required in addition to the normal setback.
(2) One deciduous canopy tree and one needled evergreen tree must be planted for every 30 feet of contiguous boundary with conflicting district.
(3) All trees must be planted within five to 15 feet from the property line which is contiguous to the conflicting property.
(E) Buffer Yard “B”.
(1) An additional 20 feet of setback shall be required in addition to the normal setback.
(2) One deciduous canopy tree and two needled evergreen trees must be planted for every 20 feet of contiguous boundary with conflicting district.
(3) All trees must be planted within five to 20 feet from the property line.
(F) Buffer Yard “C”.
(1) An additional 35 feet of setback shall be required in addition to the normal setback.
(2) A row of deciduous canopy trees must be planted 20 feet apart from one another.
(3) Additionally, a five-foot tall fence, or five-foot tall undulating berm, or a row of needled evergreen trees 12 feet apart will also need to be placed parallel to the property line and at least five feet from the deciduous canopy trees.
(4) All trees must be planted within ten to 30 feet from the property line and within the subject property.
(Ord. 2002-05, passed 12-30-2002, § 7.8)
PS-01: all uses established or placed into operation after the effective date of this chapter shall comply with the following performance standards in the interests of protecting public health, safety and general welfare and lessening damage to property. No use on a property shall exhibit obnoxious characteristics to the extent that it constitutes a public nuisance or interferes with reasonable enjoyment of neighboring properties. No use in existence on the effective date of this chapter shall be altered or modified to conflict with these standards:
(A) Air pollution. No use on a property shall release fly ash, dust, smoke, vapors, noxious, toxic or corrosive matter or other air pollutants in such concentration as to be detrimental to health, animals, vegetation or property, or conflict with public air quality standards.
(B) Electrical disturbance. No use on a property shall cause electrical disturbance adversely affecting radio, television or other equipment in the vicinity.
(C) Fire protection. Fire fighting equipment and prevention measures acceptable to the local fire departments shall be readily available and apparent when any activity involving the handling and storage of flammable or explosive materials is conducted.
(D) Noise. No use on a property shall produce noise in such a manner as to be objectionable because of volume, frequency, intermittence, beat, shrillness or vibration. Such noise shall be muffled or otherwise controlled so as not to become detrimental. Public safety sirens and related apparatus used solely for public purposes shall be exempt from this standard.
(E) Odor. No use on a property shall emit across lot lines any gas or matter with a bad odor in such quantity as to be readily detectable at any point along such lines.
(F) Vibration. No use on a property shall cause vibrations detectable beyond lot lines without the aid of instruments.
(G) Heat and glare. No use on a property shall produce heat and glare in such a manner as to create a hazard to neighboring property; nor shall any such heat or glare interfere with the reasonable enjoyment of neighboring property or transportation function.
(H) Waste matter. No use on a property shall accumulate within the lot or discharge waste matter beyond the lot lines.
(I) Water pollution. No use on a property shall produce erosion or other pollutants in such a quantity as to be detrimental to adjacent properties or to conflict with public water quality standards.
(Ord. 2002-05, passed 12-30-2002, § 7.9)
EN-OI: no land shall be used or structure erected where the land is unsuitable for such use or structure due to slopes greater than 10%, adverse soil or rock formation, erosion susceptibility, low percolation rate or bearing strength or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of the community. In addition, the following standards must be met.
(A) Surface water. It shall be the responsibility of the owner of any lot or parcel of land developed for any use other than for agriculture to provide for adequate surface water drainage. Existing natural surface drainage should be utilized. Whenever the evidence available indicates that the natural surface drainage is inadequate, the owner shall provide the parcel with an adequate surface water drainage system which shall be integrated into the drainage pattern of surrounding properties. Swales are required to be placed in an easement to prohibit future filling or constructing. On-site detention for a 100 year storm event shall be required unless written statement by County Surveyor that it is not necessary to prevent harm to adjoining properties. All drainage plans shall be reviewed and approved by the Building Commissioner or the County Surveyor.
(B) Drainage. Drainage swales (ditches) along dedicated roadways and within the right-of-way or on dedicated drainage easements are not to be altered, except for maintenance as originally constructed and as approved by the Building Commissioner, County Highway Department, the County Drainage Board or state’s Department of Transportation. Driveways may be constructed over these or other approved structures as permitted by the appropriate agency.
(C) Permanent structures. No permanent structures other than a fence may be erected, and if erected in violation of this section, no such structure may be used if the location is within 75 feet of the centerline of any regulated tile ditch, or within 75 feet of the existing top edge of any regulated open ditch or tile, or platted regulated subdivision easement unless approved by the Building Commissioner, County Drainage Board and County Surveyor.
(D) Preservation of natural/historic features. Existing natural and historic features which would add value to development of natural or human-made assets of the county such as trees, streams, vistas, lakes, historical landmarks and similar irreplaceable assets, when possible shall be preserved through harmonious and careful design. Land to be developed shall be designed and improved as far as practical in conformity to existing topography in order to minimize storm water runoff and conserve the natural cover and soil.
(E) Landscaping. Any part or portion of a non-farm parcel which is not used for structures, loading or parking spaces, sidewalks and accessory uses shall be landscaped or left in a natural state. If landscaped, they shall be planted with an all season ground cover and shall be landscaped with trees and shrubs in accordance with the development plan and/or site plan and shall be in keeping with natural surroundings.
(F) Cut/fill grade. No cut or fill grade shall exceed a slope of 3:1 or 33-1/3%. This provision shall apply to all cuts and fills exceeding 100 square feet in exposed surface area, including cuts or fills on land naturally exceeding 3:1 in slope.
(G) Erosion prevention. All land, regardless of slope, from which structures or natural cover has been removed or otherwise destroyed, shall be appropriately graded and seeded within 30 days after the removal or destruction of said natural cover to prevent erosion.
(H) Alterations to shoreline. No alteration of the shoreline or bed of a river or public lake shall be made until written approval is obtained from the state’s Department of Natural Resources and Army Corp of Engineers, and the provisions of this chapter are complied with. Alterations include, among other things, filling of a river or wetlands, dredging of a riverbed and ditch excavation within one-half mile of a water body.
(I) Retention, detention and pond edges. All retention, detention and pond edges must be maintained with a buffer of natural plantings within 20 feet of the peak elevation. The use of “rip-rap” or any other engineered hard edges are not permitted, except around inlets arid outlets. However, the use of rip-rap or any other engineered hard edges shall not exceed 5% of lineal feet of the total edge of any retention facility, detention facility or pond.
(J) Code compliance/hazardous waste. All development must be in compliance with I.C. Title 13, as amended, as it relates to hazardous waste, low level nuclear waste, underground storage tanks, waste tires and other applicable chapters of said title.
(K) Code compliance/environmental quality. All development must be in compliance with I.C. Title 13, as amended, as it relates to air pollution control, water pollution control, solid waste management and other applicable chapters of said title.
(L) Waste disposal. No waste materials such as garbage, rubbish, trash, construction material, gasoline, oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity or temperature so as to contaminate, pollute or harm the waters shall be deposited, located, stored or discharged on any lot in a way that would be likely to runoff, seep or wash into surface or ground water.
(M) Fuel storage. No highly flammable or explosive liquids, solids or gasses specified by the state’s Fire Marshal shall be stored in bulk above ground, except tanks or drums of fuel connected directly with energy devises or heating appliances located and operated on the same lot as the tanks or drums of fuel.
(N) Debris/refuse. Debris, refuse, trash, construction material, garbage, litter, unfinished buildings and rotting wood shall not accumulate on any property, in any zoning district.
(O) Treatment of fill. Material used for fill where permitted by this chapter and/or by the IDEM, IDNR or other governmental agency shall be promptly covered and seeded.
(P) View requirements. Where a proposed structure will eliminate more than 50% of an adjacent structure’s view or exposure to the sun, an additional yard area setback may be required by the Zoning Administrator so that the 50% view or exposure may be maintained.
(Q) Improvement location permit requirements. The following activities are permitted with no improvement location permit required; provided, all other applicable standards are met.
(1) Normal plowing and preparing the land for farming, gardens and yards.
(2) Normal trimming and/or removal of trees and shrubs for maintenance and/or site preparation.
(3) Earth movements related to farming and other agricultural activity.
(4) Drain tile laying and ditch cleaning.
(R) Projects affecting regulated drains. Regulated drains are under the jurisdiction of the County Drainage Board. The County Drainage Board or County Surveyor shall review and approve all development or projects directly affecting a regulated open ditch or tile per I.C. 36-9-27-13 of the state’s Drainage Code.
(Ord. 2002-05, passed 12-30-2002, § 7.10)
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