Section
General Provisions
152.001 Title
152.002 Purpose
152.003 Authority
152.004 Jurisdiction
152.005 Interpretation
152.006 Separability
152.007 Status of previous ordinances and previous actions
152.008 Definitions
General Requirements
152.020 Conformance required
152.021 Unlawful use
152.022 Lot coverage of yards
152.023 Setbacks measured from right-of-way
152.024 Manufactured housing
152.025 Public utilities
152.026 Yards affected by street widening
152.027 Churches
152.028 Public buildings
152.029 Tents, recreation vehicles
152.030 Visibility at intersections
152.031 Fences, walls, hedges
152.032 Division of a lot
152.033 Accessory uses and structures
152.034 Nonconforming uses and structures
152.035 Repairs and restoration
152.036 Proof of nonconformity
152.037 General exceptions
Zones
152.050 Division into zones
152.051 Classes of zones
152.052 Zone maps
152.053 General restrictions
152.054 Agriculture Zone
152.055 R-1 Residence Zone - One-family Residence Zone
152.056 R-2 Residence Zone - Multi-Family Zone
152.057 LBP Zone - Retail-Local Business and Professional Office Zone
152.058 General/Community Business Zone
152.059 IL Limited Industrial Zone
152.060 IIM Intense Industrial Zone Manufacturing/Industrial Parks
152.061 FA Flood Area Zone
152.062 AD Airport Development Zone
152.063 MHR Mobile Home Residence Zone
General Performance Standards
152.075 Minimum requirements
152.076 Parking and loading
152.077 Swimming pools
Signs and Outdoor Advertising
152.090 Purpose
152.091 General definitions and provisions concerning signs
152.092 Permitted signs not requiring a sign permit allowable in all zoning districts
152.093 Permitted signs requiring a sign permit allowable in all zoning districts
152.094 Permitted signs requiring a sign permit allowable in non-residential zoning districts
152.095 Prohibited signs
152.096 Sign permit procedures
152.097 Injunctive relief against violations; recovery of costs
Special Uses
152.110 Purpose of regulations
152.111 Procedure
152.112 Mineral extraction
152.113 Salvage yard
152.114 Planned unit development
152.115 Home occupation
152.116 Group housing/halfway facility
152.117 Nursery/daycare centers
Administration and Enforcement
152.130 Purpose of administration system
152.131 Administrative offices
152.132 Administrative Zoning Officer
152.133 Use permit
152.134 Certificate of occupancy
152.135 Fees
152.136 Remedies
152.137 Plan Commission
152.138 Board of Zoning Appeals
152.139 Amendments
152.140 Remedies
152.141 Complaints of violations
152.142 Repeal
GENERAL PROVISIONS
(A) General. The provisions of this chapter shall be minimum requirements. This chapter is not intended to abrogate any law, easement, covenant, or private agreement. Whenever the regulations provided in this chapter impose greater restrictions on the character of the use of buildings or lands than are imposed under any other law of the state, then the regulations established by virtue of this chapter shall prevail only if they assure the promotion of the health, safety, convenience, and welfare of the citizens.
(B) Historic buildings and districts. Where preservation of existing conditions or restoration to original conditions consistent with the intent of an historic restoration project would constitute violations of the provisions of this chapter, a building on the National Register of Historic Places, a building within an established Historic District of the city, or other declared landmark of the state shall be exempt from such requirements that conflict with historic accuracy.
(Ord. 1991-07, passed 1-7-1991)
The provisions of this chapter are separable. If any court of competent jurisdiction shall adjudge any of its provisions to be invalid, such judgment shall not affect any other provisions not specifically included in said judgment. If any court of competent jurisdiction shall adjudge invalid the application of any provisions of this chapter to a particular property, building, or other structure, such judgment shall not affect the application of said provisions to any other property, building, or structure not specifically included in said judgment.
(Ord. 1991-07, passed 1-7-1991)
(A) Status of previous ordinances. Any and all ordinances passed by the City Council under the provisions of Chapter 7, §§ 53-701 through 53-795 and §§ 53-801 through 53-810 of the Burns Indiana Statutes previous to the enactment of this chapter are deemed repealed, specifically City Ordinance No. 9-17-1980, entitled Zoning Ordinance and Ordinance No. 4-88-4, entitled An Amendment to Zoning Ordinance are hereby repealed effective with the enactment of this chapter.
(B) Status of previous actions.
(1) Building permits. Where a building permit for a building of structure has been issued in accordance with existing laws prior to the enactment of this chapter, said building or structure may be completed according to the approved plans upon which the building permit was issued, provided construction is begun within 90 days after the enactment of this chapter and diligently pursued to completion. Such building or structure may, upon completion, be occupied under a certificate of occupancy by the use for which it was originally designated.
(2) Variances: exceptions: special uses. Where the city Board of Zoning Appeals has granted a variance, exception, or special use prior to the enactment of this chapter, the permitted variance, exception, or special use shall be implemented within 90 days from the granting thereof and pursued diligently to completion; otherwise, the granting of such variance, exception, or special use is automatically revoked.
(Ord. 1991-07, passed 1-7-1991)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense shall include the future tense; and words used in the singular number shall include the plural number, and the plural the singular. All measured distances shall be to the nearest integral foot, (if a fraction is one-half foot or less, the integral foot next below shall be taken). Parenthetical words or statements are integral parts of the definitions in which they are located. Words not defined as follows shall be construed in their general accepted meanings as defined by Webster’s Dictionary.
ABANDONMENT. A nonconforming use which has ceased or been given up by the owner or tenant for six months with no effort to resume or restore the nonconforming use. A period of six months during which the nonconforming use activity has ceased.
ACCESSORY BUILDING OR USE. One which:
(1) Is subordinate to, incidental to, and serves a principal building or principal use;
(2) Is subordinate in area, extent, or purpose to the principal building or principal use served;
(3) Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served; and
(4) Is located on the same lot as the principal building or principal use served, with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same lot with the building or use served.
ADVERTISING DEVICE. An advertising sign, billboard, or poster panel which directs attention to a business, commodity, service, or entertainment not exclusively related to the premises which such sign is located or to which it is affixed; but does not include those advertising business on the premises or to a brand name of a product or commodity with which the business is specifically identified and which is sold on the premises.
ADVERTISING - OUTDOOR. Any device or means of identification, description, or illustration which is mobile, affixed to or erected upon a property, tract of land, a building or a structure which directs attention to a product, place, activity, service, institution, or business. (See §§ 152.090 through 152.097 for outdoor advertising regulations.)
AGRICULTURE. Use of ten acres or more of land for agriculture purposes, including farming, dairying, pasteurize, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory use, for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.
AIRPORT. The area of land or water which is used or intended for use for the landing and taking off of aircraft and any appurtenant areas which are used, or intended for use, for airport buildings or airport facilities or rights-of-way.
ALLEY. A public right-of-way which normally affords a secondary means of access to abutting property.
ALTERATION. A change in size, shape, character, occupancy, or use of a building or structure.
ALTERATION, STRUCTURAL. Any change in the supporting members of a building such as bearing walls, columns, beams or girders.
ANIMAL HOSPITAL. A building or portion thereof designed or used for the care, observation, or treatment of domestic animals.
AUTOMOBILE LAUNDRY. A building, or portion thereof, containing facilities for washing more than two automobiles, using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices.
AUTOMOBILE SERVICE STATION. A building or portion thereof or premises used for dispensing, or offering for sale at retail, gasoline when stored only in underground tanks, kerosene, lubricating oil or grease, for operation of automobiles, and where tires, batteries, and similar automobile accessories may be offered for sale on the premises at retail, including minor services and installations customarily incidental thereto; and facilities other than an automobile laundry, for washing care, only if enclosed in a building. AUTOMOBILE SERVICE STATIONS do not include open sales lots as defined herein.
AUTOMOBILE WRECKING YARDS. An area of land where three or more motor vehicles, or vehicles, machinery, or equipment drawn or operated by attaching to motor vehicles or mechanical unit not in running or operable condition, or parts thereof, are stored in the open; and any land, building, or structure used for wrecking or storing of each motor vehicles, machinery, or equipment or parts thereof.
AWNING. A rooflike mechanism, retractable in operation, and covered with flexible material, which projects from the wall of a building.
BASEMENT. A story partly underground but having more than one-half of its clear height below finished grade. (See GRADE)
BLOCK. A tract of land bounded by streets, or by a street or streets and any combination of boundary lines or public or institutionally-owned lands, railroads, rights-of-way, rivers and lakes and other lines of demarcation.
BOARD. The Board of Zoning Appeals of the city.
BUFFER. Screening that lessens the impact of one use on an adjacent use.
BUILDING. A structure built for the support, enclosure, shelter, or protection of persons, animals, chattels, or movable property of any kind, and which is permanently affixed to land. BUILDING includes all the other structures of every kind regardless of similarity of buildings.
BUILDING, ACCESSORY. A subordinate building or portion of a principal building, the use of which is incidental to that of the principal building and customary in connection with that use.
BUILDING, DETACHED. A building surrounded by open space on the same lot having no structural connection with another building.
BUILDING HEIGHT. The vertical distance from the curb level to the highest point of the under side of the ceiling beams in the case of a flat roof; to the deck line of a mansard roof; and to the mean level of the gable, hub, or gambrel roof. Chimneys, spires, towers, elevator pen houses, tanks, and similar projections other than signs shall not be included in calculating the height.
BUILDING LINE. The line nearest the front and across a lot establishing the minimum open space to be provided between the front line of a building or structure and the front lot line.
BUILDING, PRINCIPAL. A non-accessory building in which is conducted the principal use of the lot, on which it is located.
BUILDING, RESIDENTIAL. A building which is arranged, designed, or used, or intended to be used for residential occupancy by one or more families or lodgers and which includes, but is not limited to, the following types:
(1) Single-family detached dwellings;
(2) Two-family dwellings;
(3) Single-family or two-family attached and semidetached dwellings developed initially under single ownership or unified control; and
(4) Multiple-family dwellings.
BULK. The cubic content of a building in relation to the area of the building site.
BUSINESS OFFICE. An office used in the conduct of a business offering or selling a service such as, but not limited to, offices for real estate, insurance, brokers, and consultants, and where the service does not involve the use of delivery trucks or other commercial vehicles or equipment.
CAMP, PUBLIC. Any area or tract of land used or designed to accommodate two or more automobile house trailers, mobile homes, cabins, tents or other camping outfits, but not intended for permanent year-round occupancy.
CARPORT. An open-sided, roofed automobile shelter, formed by extension of the roof from the side of a building.
CEMETERY. Land used for the burial of the dead, including crematories and mausoleums.
CERTIFICATE OF OCCUPANCY. A certificate stating that the occupancy and the use of the land or a building or structure referred to therein complies with the provisions of this chapter.
CHARITABLE INSTITUTIONS. A group, organization, or not-for-profit corporation organized and operated to provide care, help, relief, and assistance to those trustees, directors, incorporators, or members. A not-for-profit corporation would be one where the articles of incorporation are on file with the Secretary of State. Other groups and organizations would be on file with the Consumer Protection Division of the Office of the Attorney General.
CHILD CARE CENTERS. One of the special uses listed in this chapter consisting of any residence or institution operated for the purpose of providing care and maintenance to more than five children separated from their parent, guardian, or custodian, excluding relatives of the person operating the care center.
CHURCH. A permanently located building commonly used for religious worship, fully enclosed with walls and having a roof (canvas or fabric excluded) and including accessory buildings housing facilities commonly associated with such religious worship.
CLINIC MEDICAL OR DENTAL. A building or portion thereof, the principal use of which is for offices of an organization of physicians or dentists or both.
CLUB OR LODGE - PRIVATE. A non-profit association of persons, who are bonafide members paying annual dues, which owns, hires, or leases a building, or portion thereof; the use of such premises being restricted to members and their guests. (The affairs and management of such PRIVATE CLUB OR LODGE are conducted by a Board of Directors, Executive Committee, or similar body chosen by the member.) It shall be permissible to serve food on such premises. The sale of alcoholic beverages to members and their guests shall be permitted provided it is secondary and incidental to the promotion of some other common objective of the organization.
COMMISSION. The Plan Commission of the city.
COMPREHENSIVE PLAN. An overall development plan consisting of the zoning ordinance, the subdivision ordinance, the Flood Plain Management Ordinance, the Official Thoroughfare Plan, the Final Land Use Plan, the Uniform House Numbering Ordinance and like ordinances governing and directing planning and zoning in the Master Plan.
CONDOMINIUM. A dwelling unit which is usually part of a building containing two or more dwelling units where such units may be individually owned and the land may be under group ownership.
CONFORMING BUILDING OR STRUCTURE. Any building or structure which:
(1) Complies with all regulations of this chapter or of any amendment hereto governing the zoning district in which such building or structure is located; and
(2) Is designed or intended for a conforming use.
CONTROLLING ACCESS HIGHWAY. A trafficway, including freeways, expressways, and other arterial streets, in respect to which owners or residents of abutting property or lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over such trafficway.
COUNTRY CLUB. A type of private club.
COURT. An open unoccupied space bounded on two or more sides by the exterior walls of a building or exterior walls and lot lines.
CURB LEVEL. The level of the established curb in front of such building measured at the center of such front. Where no curb level has been established, the pavement elevation at the street center line similarly measured, or the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the CURB LEVEL.
DENSITY. A term indicating the number of dwelling units per acre for an area which is determined by dividing the square footage of an acre (43,560 square feet) by the minimum amount of lot area allowed in the appropriate zone.
DEVELOPMENT STANDARDS. The requirements set forth in this ordinance governing the development of a property such as maximums and minimums for height, area, bulk, setbacks, parking and accessory structures or uses.
DISTRICT. A geographical area within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DORMITORY. A building arranged for the housing of individuals with a common toilet, bath, and kitchen facilities.
DRIVE-IN ESTABLISHMENTS. An establishment which offers merchandise, service, or entertainment to persons in motor vehicles.
DWELLING. A permanent building, or portion thereof, designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, or multiple-family dwellings, but not including hotels, motels, or lodging houses.
DWELLING, ATTACHED. A dwelling which is joined to another dwelling by party walls.
DWELLING, DETACHED. A dwelling which is entirely surrounded by open space on the same lot.
DWELLING, MULTIPLE-FAMILY. A building containing three or more dwelling units.
DWELLING, SINGLE-FAMILY. A building containing one dwelling unit only.
DWELLING, TWO-FAMILY. A building containing two dwellings units only.
DWELLING UNIT. One or more rooms which are arranged, designed, or used as living quarters for one family only and having a kitchen.
EFFICIENCY UNIT. A dwelling unit consisting of one principal room exclusive of bathroom, hallway, closets, or kitchen and dining alcove off the principal room.
ELEEMOSYNARY INSTITUTION. A building or group of buildings devoted to public service and supported by a non-for-profit organization.
ESTABLISHMENT, BUSINESS. A place of business carrying on operations, the ownership and management of which are separate and distinct from those of any other place of business located on the same lot. Direct access to each BUSINESS ESTABLISHMENT shall be separate and distinct access to any other business establishment, and in no case shall there be access to one such establishment from within another such establishment.
EXPRESSWAY. A roadway so designated by the Official Thoroughfare Plan, intended for high speed, high volume continuous traffic with controlled access; its function is traffic movement; the right-of-way is 150 feet.
FAMILY. One or more persons each related to the other by blood, marriage, or adoption, or a group of not more than four persons not all so related, maintaining a common household in a dwelling unit. A FAMILY may include not more than two roomers, boarders, or permanent guests whether or not gratuitous.
FARM. An area used for agricultural operations including truck gardening, forestry, tree or plant nursery, or the production of livestock and poultry.
FEEDLOTS. The confinement for any period of time of livestock or fowl, whether open or enclosed, to any area less than required in the following schedule:
Class of Livestock | Lot Area Square Feet per Animal | Shed Square Feet per Animal |
Class of Livestock | Lot Area Square Feet per Animal | Shed Square Feet per Animal |
Feeder calves (under 600 lbs) | 60 | 60 |
Feeder calves (over 600 lbs) | 80 | 50 |
Breeder cows | 100 | 80 |
Hogs growing (40 - 120 lbs) | 10 | 6 |
Hog finishing (100 - 255 lbs) | 24 | 12 |
Cows | 60 | 30 |
Feeder lambs | 30 | 14 |
Ewes | 60 | 30 |
Farm laying flock per hen | 12 | 6 |
Commercial flock per hen | 8 | 4 |
Dairy cows | 250 | 150 |
(1) For unpaved lots double the space requirements.
(2) Double the lot size for complete confinement. (No exercise lot.)
FLOOR AREA. (For determining FLOOR AREA RATIO.)
(1) The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. The “Floor Area of a Building,” shall include the basement floor area when more than one-half of the basement height is above the established curb level; elevator shafts, and stairwells at each floor, floor space used for mechanical equipment, (except equipment, open or enclosed; located on the roof), penthouses, attic space having headroom of seven feet, ten inches or more, interior balconies and mezzanines, enclosed porches, and floor area devoted to accessory uses.
(2) The FLOOR AREA of structures devoted to bulk storage of materials - including, but not limited to, grain elevators, and petroleum storage tanks shall be determined on the basis of the height of such structure in feet, ten feet in height shall be deemed to be equal to one floor. (If a structure measures more than five feet over such floor equivalent, it shall be construed to have an additional floor.)
FLOOR AREA OF A BUILDING. (For determining off-street parking and loading requirements). The sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to a specific use; including accessory storage areas located within selling or working space such as counters, parks or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.
FLOOR AREA RATIO. The floor area of the building or buildings on a lot divided by the area of such lot.
FRATERNITY. A dwelling or dwelling unit maintained exclusively for fraternity members and their guests or visitors and affiliated with an academic or professional college, university, or other institution of higher learning.
FRONT SETBACK. The distance required, as set forth in each zone, from the front lot line to the closest point of the wall of the building or to the closest part of a structure placed on a lot.
FRONTAGE (OF A BLOCK). All of the property fronting on one side of a street.
GARAGE, COMMUNITY. Two or more private garages.
GARAGE, PRIVATE. An accessory building, or an accessary portion of the principal building, including a carport, which is intended for or used for storing the private passenger vehicles of the family or families resident upon the premises and in which no business, service, or industry connected directly or indirectly with the automotive vehicles is carried on, provided that not more than one-half of the space may be rented for the private passenger vehicles of persons not resident on the premises, except that all the space in a garage of one or two-car capacity may be so rented.
GARAGE, PUBLIC. Any building where automotive vehicles are painted, repaired, rebuilt, reconstructed, or stored for compensation.
GARAGE, STORAGE. A building or premises used for housing only of motor vehicles pursuant to previous arrangements and not by transients; and where no equipment or parts are sold, and vehicles are not rebuilt, serviced, repaired, hired, or sold, except that fuel, grease, or oil may be dispensed within the building to vehicles stored therein.
GRADE. The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
GROUP HOUSING. A term used to describe a type of special use as listed in this chapter referring to a situation where one dwelling unit may be used to house four or more persons unrelated by blood, marriage, or adoption when approved by the Board of Zoning Appeals. (See § 152.116 for specific regulations.)
HEALTH CENTER. A convalescent home, nursing home, rest home, institutions for human care, health resorts.
HEIGHT, BUILDING OR STRUCTURE. The vertical distance from the average established curb grade in front of the lot or from the average finished grade, at the building line, if higher, to the top of the highest point of the building or structure.
HOME OCCUPATION. Any occupation or profession carried on by a member of the immediate family residing on the premises, in connection with which:
(1) There is used no sign or display except as permitted by this chapter that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling;
(2) There is no commodity sold upon the premises which is not produced on the premises; and
(3) No person is employed other than members of the immediate family residing on the premises.
HOTEL. A building or a group of buildings containing rooms intended or designed to be used or which are used, rented, or leased to be occupied or which are occupied for sleeping purposes and which is open to transient guests, in contradistinction to a boarding or lodging house.
HOTEL, APARTMENT. A hotel in which at least 60% of the hotel accommodations are occupied by permanent guests.
IMPROVEMENT LOCATION PERMIT. A permit issued by the Clerk-Treasurer of the city, stating that a proposed building or structure complies with all the provisions of this chapter, provided that such activity is initiated within six months of the date of issuance of said permit.
IMPROVEMENT USE. A use or service which is incapable of direct association with certain other uses because it is contradictory, incongruous, or discordant.
IMPROVEMENTS. Any work done, or any facility, structure, or building placed, on or off of a property involving proposed development such as streets, sidewalks, sewers, utility transmission facilities, storm drains and flood control, monuments, landscaping, screening, and any other work or facility required by ordinance.
INSTITUTION, EDUCATIONAL. A public, parochial, charitable or nonprofit college, university, other than trade or business school, including instructional and recreational uses with or without living quarters, dining rooms, restaurants, heating plants, and other incidental facilities for students, teachers and employees.
JUNK. Scrap metals and their alloys, bones, used materials, and products such as rags, cloth, rubber, rope, tinfoil, bottles, lumber, wastepaper, boxes, crates, old tools, machinery, fixtures and appliances with negligible remaining utility, and other goods uneconomical to repair or unusable.
JUNK YARD. An open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A JUNK YARD includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings, nor does it include an establishment engaged only in the processing of scrap iron or other metals to be sold specifically for the manufacture of steel or metal alloys. A salvage yard.
KENNEL. Any premises or portions thereof on which more than four dogs, cats, or other household domestic animals over four months of age are kept, or on which more than two such animals are maintained, boarded, bred, or cared for, in return for remuneration, or are kept for the purpose of sale.
LOCAL STREET. A roadway, so designated by the Official Thoroughfare Plan, intended for local traffic within neighborhoods; its primary function is to provide access to abutting properties; the right-of-way is 40 feet. (See § 152.023.)
LODGING HOUSE. A residential building, or portion thereof other than a motel, apartment, or hotel where one or more persons who are not members of the keeper’s family and where lodging or meals or both are provided by prearrangement and for definite periods.
LOT. Any tract, parcel or other land however designated held under separate ownership but not including farms. LOT includes the words “tract” and “parcel.”
LOT AREA, GROSS. The area of a horizontal plane bounded by the front, side, and rear lot lines, but not including any area occupied by the water of a lake, river, or flood plain area.
LOT, CORNER. A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees. (The narrowest part of a lot having frontage on a street is the front of the lot.)
LOT, COVERAGE. The percentage of the lot area covered by the building area.
LOT DEPTH. The average distance between the front lot line and the rear lot line of a lot.
LOT LINE, FRONT. That boundary of a lot in which is along an existing or dedicated public street, or where no public street exists, is along a public way; where such public way is not a dedicated street the right-of-way of such public way shall be deemed to be 60 feet, unless otherwise provided.
LOT LINE, REAR. That boundary of a lot which is most distant from, and is most nearly, parallel to, the front lot line.
LOT LINE, SIDE. Any boundary of a lot which is not a front or real lot line.
LOT OF RECORD. A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Recorder, or a parcel of land, the deed of which was recorded in the office of said Recorder prior to the adoption of this chapter.
LOT, REVERSED CORNER. A corner lot where the side lot line adjoining a street is substantially a continuation of the front lot line of an adjacent interior lot.
LOT, THROUGH. A lot having a frontage on two non-intersecting streets as distinguished from a corner lot. (Both street lines shall be deemed front lot lines.)
LOT WIDTH. The distance between side lot lines of a lot measured at the building lines.
LOT, ZONING. A single tract of land located within a single block, which (at the time of filing for an improvement location permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or unified control. (A ZONING LOT may or may not coincide with a LOT OF RECORD.)
MANUFACTURED HOME. A dwelling unit fabricated on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with Federal Manufactured Housing Construction and Safety Standards Code, being 24 C.F.R. 3280, or being I.C. 36-7-9-4 as promulgated by the Indiana Fire Prevention and Building Safety Commission.
MARQUEE or CANOPY. A roof-like structure of a permanent nature which projects from the wall of a building and may overhang into a required yard.
MAY. Is permissive.
MOBILE HOME. A portable structure transportable dwelling eight feet or more wide and 30 feet or more long and designed for year round occupancy as a residence.
MOBILE HOME PARK. A lot, parcel, or tract of land developed with facilities for accommodating five or more mobile homes provided each mobile home contains a kitchen, flush toilet, and shower or bath. Such park shall be used only by non-transient dwellers remaining continuously for more than one month, whether or not a charge is made. Each MOBILE HOME PARK shall be licensed by the Indiana State Board of Health. (It shall not include a sales lot in which automobiles or unoccupied trailers or mobile homes are parked for the purpose of inspection or sale.)
MOTEL. A building or group of buildings in which lodging is provided and offered to the public for compensation and catering primarily to the traveling public.
MOTOR VEHICLE. A passenger vehicle, truck, truck-trailer, or semitrailer propelled or drawn by mechanical power.
NAMEPLATE. Non-illuminated sign flush with the front of the building indicating the name or address of a building, or the name of an occupant thereof and the practice of permitted occupation therein.
NONCONFORMING BUILDING OR STRUCTURE. A building or structure which:
(1) Does not comply with all of the regulations of this chapter or of any amendment hereto governing bulk for the zoning district in which such building or structure is located; and
(2) Is designed or intended for a non-conforming use.
NONCONFORMING BUILDING OR STRUCTURE, LAWFUL. A building or structure which does not comply with the development standards of this chapter, and which was established prior to enactment of this chapter and is still in existence.
NONCONFORMING BUILDING OR STRUCTURE, UNLAWFUL. A building or structure which does not comply with the development standards of this chapter and which was established on or after enactment of this chapter.
NONCONFORMING USE, LAWFUL. A use of land, buildings, or structures which does not comply with the usage provisions of the zone in which such use is located and which was established prior to enactment of this chapter and which has not been, at any time, discontinued for six months or longer.
NONCONFORMING USE, UNLAWFUL. A use of land, buildings, or structures which does not comply with the usage provisions of the zone in which such use is located and which was established on or after the enactment of this chapter.
NOXIOUS MATTER OR MATERIALS. That which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals.
NURSING HOME. A facility providing human care and service for the aged, convalescent, chronically ill or incurable and in which three or more persons are received, kept, and provided with such care and service for compensation; similar terms include convalescent home, rest home, and health care center.
ODOROUS MATTER. Matter or material that yields an odor which is offensive in any way.
OFFICIAL THOROUGHFARE PLAN. A development plan for the roadway system which classifies the various roads, establishes rights-of-way, and projects traffic patterns by volume, population and trip generation.
OPEN PORCH. A porch open on three sides except for wire screening. A porch shall not be considered open if enclosed on the three sides in a manner which would allow the porch area to be heated and used as year-round living quarters. This open concept shall apply to patios, balconies, breezeways and like extensions off of a principal building.
OPEN SALES LOT. Land used or occupied for the purpose of buying or selling merchandise stored or displayed out-of-doors. (Such merchandise includes, but is not limited to, passenger cars, trucks, motor scooters, motorcycles, boats, and monuments.)
OWNER. A person who owns a lot by virtue of their name being on the deed to the property with the deed being duly recorded in the office of the Recorder of Delaware County, Indiana; or a person who is a contract purchaser of a property, or a person who has entered into a long-term lease agreement such as an 89-year lease.
PARKING LOT. A parcel of land devoted to parking spaces for four or more motor vehicles for compensation or otherwise, having an all-weather dust-free surface, enclosed or unenclosed, connected to a street and providing satisfactory ingress and egress for customers.
PARKING SPACE. The area required for parking an automobile, which shall have a minimum of nine feet in width and 20 feet in length, not including passageways.
PARTICULAR MATTER. Dust, smoke, or any other form of air-borne pollution in the form of minute separate particles.
PERSON. Includes a corporation, firm, partnership, or similar, as well as an individual.
PLANNED UNIT DEVELOPMENT. A tract of land developed under single ownership or control, the development of which is unique and of a substantially different character than that of surrounding areas.
PRIMARY ARTERIAL. A roadway, so designated by the official Thoroughfare Plan, intended for high volume through traffic; its primary function is traffic movement achieved through turn lanes, channelization and medians; the right-of-way.
PRINCIPAL USE. The primary use of a property, building, or structure in terms of being foremost in financial worth or scope of operation such as the dwelling unit on a residentially zoned lot, the selling of grocery items in a retail store containing video games, or the assembly plant of a manufacturing operation.
PROFESSIONAL OFFICE. An office used in the conduct of a profession or vocation requiring training in the liberal arts or the sciences and advanced study in a specialized field such as, but not limited to, a doctor, lawyer, engineer, dentist, surveyor.
PROJECTION. A structure which projects out from the main wall of a building and which is an architectural feature not connected to the structural support and make-up of the building, i.e. a canopy or a balcony is an architectural feature, a bay window or chimney is a part of a supporting wall.
PROPERTY LINES. Those bounding a lot.
PUD. A planned unit development.
RECREATION VEHICLE. A vehicular type unit primarily designed for recreation, camping, and travel use, so constructed as to permit its movement by either propelled or non-self propelled means, or by being mounted on another vehicle.
RECREATIONAL VEHICLE. Any portable vehicular structure not built to the National Manufactured Housing Construction and Safety Standards Code, designed to provide temporary living quarters for recreational, camping, or travel use, including but not limited to travel trailers, collapsible trailers, truck campers, motor homes, and multi-use vans; they are intended for temporary residential uses and should be occupied only in RV parks.
RELIGIOUS INSTITUTION. A church, chapel, temple, synagogue, convent, seminary, monastery, nunnery, rectory, parsonage, parish houses, and similar facilities for the conduct of religious worship.
RESERVOIR PARKING. Those off-street parking spaces allocated to automobiles awaiting entrance to a particular establishment.
REST HOME (or NURSING HOME). A private home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders.
RINGELMANN CHART. One which is described in the U.S. Bureau of Mines Information Circular 6999, and on which are illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke and smoke density.
RINGELMANN NUMBER. Designation of the area on the RINGLEMANN CHART that coincides most nearly with the visual density of emission or the light-obscuring capacity of the smoke.
ROADSIDE STAND. A structure for the display and sale of agricultural products, with no space for customers within the structure itself.
RUMMAGE SALE. A type of accessory use consisting of the selling, by the owner, not to exceed two times per calendar year and each time not to exceed three successive days in duration, of tangible personal property. The term shall be synonymous with GARAGE SALE, YARD SALE, and similar terms.
SALVAGE YARD. One of the special uses listed in this chapter and consisting of an area where waste paper, rags, discarded or salvaged materials are bought, sold, exchanged, bailed, packed, disassembled or handled; a SALVAGE YARD shall include wrecking yards, used lumber yards, and places or yards for the storage of salvaged house wrecking and structural steel materials and equipment; the term shall be synonymous with JUNK YARD.
SCREENINGS. A buffer consisting of either an earth berm, a masonry wall, a wooden fence, a stucco wall, a chain-link type metal fence using durable permanently affixed slats to create a substantially opaque surface, a dense evergreen hedge that will grow to the required height and density within two growing seasons, or any combination of these materials which will effectively block visibility.
SECONDARY ARTERIAL. A roadway, so designated by the Official Thoroughfare Plan, intended for high volume through local traffic; its primary function is traffic movement; the right-of-way is as shown on the exhibit in § 152.023.
SETBACK. The minimum horizontal distance between the front line of a building or structure and the front property line.
SHALL. Is mandatory, not discretionary.
SIGN. A name, identification, description, display, or illustration which is affixed to, or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, product, place, activity, person, institution, organization, or business. A SIGN shall not include:
(1) The display of official court or public office notices;
(2) The flag, emblem, or insignia of a nation, political unit, school; or
(3) One located completely within an enclosed building, except signs located behind window areas intended to be viewed from outside the building.
SIGN, ADVERTISING. A sign which directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where such sign is located or to which it is affixed.
SIGN, BUSINESS. A sign which directs attention to a business or profession or to a commodity, service, or entertainment sold or offered upon the premises where such sign is located or to which it is affixed.
SIGN, FLASHING. Illuminated sign on which the artificial light is not maintained constant in intensity and color at all times when such is in use. (A revolving, illuminated sign shall be considered to be a FLASHING SIGN.)
SIGN, GROSS AREA OF. The entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. (Such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display.)
SMOKE UNIT. The number obtained when the smoke density in Ringlemann Number is multiplied by the time of emission in minutes. For the purpose of this calculation:
(1) Ringlemann density reading shall be made at least once a minute during the period of observation; and
(2) Each reading is then added together to give the total number of smoke units observed during the entire observation.
SOUND LEVEL METER. An instrument standardize by the American Standards Association for measurement of the intensity of sound.
SPECIAL USES. A type of use which is listed under the various residence zones as being allowed when approved by the Board of Zoning Appeals; also, one of the uses listed under Article XXXI, which gives the general procedure for filing with the Board of Zoning Appeals, consisting of mineral extraction, salvage yard, refuse disposal site, planned unit development, truck terminals, home occupation, seasonal work camps, private outdoor camps, group housing, care centers, and multi-unit developments. Some SPECIAL USES are seen as being potentially compatible with the principal uses permitted in a zone and some SPECIAL USES are of a sufficient intensity, with a potentially adverse impact on surrounding uses, as such they must be approved through a public hearing process before the Board of Zoning Appeals.
STABLE, PRIVATE. A building or structure which is located on a lot on which a dwelling is located, and which is designed, arranged, used, or intended to be used for housing not more than two saddle horses or ponies primarily for the use of occupants of the dwelling, but in no event for hire.
STORY. The portion of a building included between the surface of any floor and the surface of the floor next above or if there is no floor above, the space between the floor and the ceiling next above. (A basement having more than one-half the clear floor-ceiling height above grade shall be considered STORY.)
STORY, HALF. A space under a sloping roof which has the line of intersection of roof decking and wall, not more than three feet above the top level of the story below. (In such space, not more than 60% of the floor area is completed for a principal or accessory use).
STREET. A partially or fully improved public right-of-way which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, except public utility communication and electrical transmission lines and equipment and facilities supporting the same and/or incidental thereto.
STRUCTURAL ALTERATION. A change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as the addition, removal, or alteration of bearing walls, columns, beams, girders, or foundations.
STRUCTURE. A combination of materials other than a building to form a construction that is safe and includes among other things stadiums, platforms, radio towers, sheds, storage bins, fences, and display signs.
TOURIST CAMP. A parcel or tract of land containing facilities - for locating three or more recreational vehicles, and for use only by transients remaining less than one month, whether or not a charge is made. (Not including an open sales lot in which automobile or unoccupied trailers are parked for the purposes of inspection or sale.)
TOURIST HOME, BED AND BREAKFAST. A dwelling in which sleeping rooms are provided or offered to transient guests for compensation. (Not including as hotel, apartment hotel, or motel.)
TOWNHOUSE. A dwelling unit which usually consists of two stories and is usually attached to like dwelling units by common walls.
USE(OF PROPERTY). The purpose or activity for which the land or building thereon is designed, arranged, or intended, or for which it is occupied or maintained. Includes any manner or performance of activity or operation with respect to the performance standards of this chapter.
USE, PERMITTED. A use which may be lawfully established in a particular district or districts (provided it conforms with all requirements, regulations, and performance standards, if any, of such district.
USE, PRINCIPAL. The main use of land or buildings as distinguished from a subordinate or accessory use. (May be either “permitted” or “special.”)
USE, SPECIAL. A use (either public or private) which, because of its unique characteristics, cannot be properly classified as a permitted use in any particular district or districts.
VARIANCE. A minimum departure from the strict application of the specified requirements of this chapter granted by the Board in accordance with the terms of this chapter for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity or district.
WHOLESALE ESTABLISHMENT. A business establishment engaged in selling to retailers or jobbers rather than consumers.
YARD. A space on the same lot with a main building, open, unoccupied, and unobstructed by structures.
YARD, CORNER SIDE. The side yard fronting on the street which intersects the street running on and along the front lot line.
YARD FRONT. An open, unoccupied space on the same lot with a building, extending the full width of the lot and situated between the street right-of-way line and the front line of the building projected to the side lines of the lot.
YARD, REAR. A yard extending across the full width of the lot between the rear of the main building and the rear lot line, the depth of which is the least distance between the rear lot line and such main building.
YARD, SIDE. A yard between the main building and the side lot line, extending from the front yard to the rear yard, the width of which is measured horizontally at 90 degrees with the side lot line.
YARD, TRANSITIONAL. A yard which must be provided on a lot in a business district which adjoins a lot in a residential district, or a yard which must be provided on a lot in a manufacturing district which adjoins a lot in either a residential or business district.
ZERO LOT LINE. A term referring to a type of development where the principal buildings are not subject to a side setback; the buildings might be off-set to one side where one side wall abuts the side lot line and the other side wall is setback from the other side lot line or one building might share common walls with another building.
ZONING BOARD OF APPEALS. The Board of Zoning Appeals of the city. Pursuant to the authority of I.C. 36-7-4, the City Plan Commission is also designated as the Board of Zoning Appeals.
ZONING DISTRICT OR DISTRICTS. A section or sections of the city, for which the regulations and requirements governing use, lot, and build of buildings and premises are uniform.
(Ord. 1991-07, passed 1-7-1991)
GENERAL REQUIREMENTS
(A) Use. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, expanded, or enlarged except in conformity with all the provisions of this chapter, and after the necessary permits have been obtained.
(B) Height. No building or structure shall be erected or constructed nor shall any existing building or structure be reconstructed, moved, expanded, or enlarged so as to exceed the height limitations established in this chapter.
(C) Lot coverage. No building or structure and its accessory uses shall be erected or constructed nor shall any existing building or structure and its accessory uses be reconstructed, moved, expanded, or enlarged so as to occupy a greater percentage of a lot than the limits established in this chapter.
(D) Open space. No yard or open space or off-street parking or loading space provided about a building or structure for the purpose of complying with the provisions of this chapter shall be considered as providing yard, open space, or off-street parking or loading space for any other building or structure. No yard or lot existing at the time of the enactment of this chapter shall be reduced in dimension or area below the minimum standards provided in this chapter. Yards or lots created after the enactment of this chapter shall meet all requirements established herein.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
Any building, structure, or use which is in violation of the provisions of this chapter, shall be considered to be a nonconforming building, structure, or use under the terms of this chapter. Any building, structure, or use which became not lawful after the effective date of Ordinance 1991-07, January 7, 1991, and which is in violation of the provisions of this chapter, shall be considered unlawful.
(A) Continuation and change of use. Except as otherwise provided in this section:
(1) The nonconforming use of a building or structure lawfully existing at the time this chapter became effective, may be continued only as a nonconforming use; and
(2) The nonconforming use of a building or structure may be changed only to a use of the same, or more restricted classification.
(B) Expansion prohibited. A nonconforming use of a building or structure designed for a conforming use shall not be expanded or extended into any other portion of such conforming building or structure nor changed except to a conforming use.
(C) Discontinuance. Whenever a nonconforming use has been discontinued for a period of six months, such use shall not thereafter be established and any further use shall be in conformity with the provisions of this chapter, except that the six-month period of discontinuance shall not apply to uses which are customarily closed for a greater portion of a year’s time.
(D) Damage. No building damaged by fire, or other causes to the extent of more than double its assessed value shall be repaired or rebuilt except in conformity with the provisions of this chapter.
(E) Maintenance permitted. A nonconforming building or structure may be maintained, except as otherwise provided in this section.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
No single-family, two-family or multiple-family dwelling, together with accessory buildings or structures, shall occupy more than the following percentages of the total area of the lots, exclusive of right-of-ways: R-1 and R-2 Residence Zones - 45% lot coverage.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
When an official plan for the major and secondary highways in the city shall have been adopted by the City Council, then all setbacks for buildings and structures shall be measured from the proposed right-of-way lines as expressed in such plan. For the purpose of this chapter, the right-of-way of any street shall be deemed to be 40 feet unless a larger right-of-way is required on the Official Thoroughfare Plan for the city, in which case the larger right-of-way shall control.
Spicertown (West Austin)
|
Spicertown (West Austin)
| |
Alexander Drive (also known as Tibbs Street) | 50 feet |
Cyprus Street | 50 feet |
Dowling Street | 40 feet |
Gibson Drive | 50 feet |
Kenwood | 50 feet |
Lawnview Drive | 50 feet |
New York Street | 50 feet |
Penn Street | 50 feet |
Tibbs Street | 50 feet |
York Road | 40 feet |
South Austin
|
South Austin
| |
1st Street | 50 feet |
2nd Street | 50 feet |
3rd Street | 40 feet |
4th Street | 40 feet |
5th Street | 40 feet south to Cross, 50 feet south to York Road |
6th Street | 40 feet |
7th Street | 30 feet |
Cherry Street | 40 feet east to First, 38 feet east to Railroad |
Cross Street | 50 feet |
East Street | 40 feet |
High Street | 40 feet |
Howard Street | 35 feet |
Kelly Drive (same street as Sycamore) | 40 feet |
Main Street | 60 feet |
Oak Street | 50 feet |
Plum Street | 40 feet |
Railroad Street | 60 feet |
Sycamore Street | 40 feet |
Short Street | 50 feet |
York Road | 40 feet |
North Austin
|
North Austin
| |
1st Street | 40 feet |
2nd Street | 40 feet |
3rd Street | 40 feet |
4th Street | 40 feet |
Ardrey Lane | 50 feet |
Bank Street | 40 feet |
Blunt Avenue | 40 feet |
Bond Street | 30 feet, 40 feet north of Bank |
Booe Road | 30 feet |
Broadway Street | 60 feet |
Church Street | 35 feet, 30 feet north of Rural |
Clay Street | 50 feet |
Dana Avenue | 50 feet |
DeHart Drive | 50 feet |
English Street | 60 feet |
Enterprise Street | 40 feet |
Factory Drive | 30 feet |
Future Drive | |
Gary Avenue | 50 feet |
High Street | 40 feet |
Keith Street | 40 feet |
Linden Drive | 50 feet |
Mann Avenue | 40 feet (50 feet north of Rural, 35 feet south of Morning) |
Maple Street | 40 feet |
Morgan Avenue | |
Morning Drive | 35 feet |
North Street | 40 feet, 50 feet east of Mann |
Paulanna Avenue | 30 feet, 50 feet at Church |
Pearl Street | 50 feet |
Rice Street | 50 feet, 40 feet west of Church |
Rural Street | 40 feet |
South Street | 40 feet |
Spring Street | 30 feet |
Union Avenue | 40 feet |
Wade Street | 50 feet |
Walnut Street | 40 feet |
Wilbur Avenue | 50 feet |
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
It is the intent of this section to encourage provision of alternate 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.
(A) Permanent placement. The establishment, location, and use of manufactured homes as scattered-site residences shall be permitted in any zone permitting installation of a dwelling unit, subject to the requirements and limitations applying generally to such residential use in the appropriate zone, and provided such homes shall meet the following requirements and limitations.
(1) The home shall meet all requirements applicable to single-family dwellings, and possess all necessary improvement location, building, and occupancy permits and other certifications as required by this chapter.
(2) The home shall meet the minimum square footage requirements for the appropriate zone.
(3) The home shall be attached and anchored to a permanent foundation in conformance with the regulations in the Indiana One and two-family Dwelling Code and with manufacturer’s installation specifications.
(4) The terms of division (A) above shall apply to the placement of manufactured housing located outside mobile home parks only.
(5) The exterior siding material on the home shall extend below the top of the foundation by at least one inch.
(6) A dwelling unit fabricated on or after January 1, 1981, in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the federal Manufactured Housing Construction and Safety Standards Code or Indiana Public Law 360, Acts of 1971, as promulgated by the Indiana Administrative Building Council. Should a court, either federal or state, determine that the fabrication date of January 1, 1981, is arbitrary or a violation of any federal or state right, including equal protection laws, this chapter shall not be interpreted to exclude fabricated dwelling units constructed after July 15, 1976, which manufactured homes comply with all HUD Code requirements.
(B) Temporary placement.
(1) Permitted placement. The placement of manufactured homes built prior to January 1, 1981, and mobile homes shall be permitted within the corporate limits of the city, and outside of mobile home parks, on a temporary basis in the following circumstances:
(a) For use of a manufactured home or mobile home as a caretaker’s quarters or a construction office at a job site;
(b) For use of a manufactured home or mobile home as a temporary residence, located on the building lot, during the course of construction of a site-built dwelling and when the Board of Zoning Appeals has approved the temporary placement by granting a variance to the owner or contract buyer who is in the process of constructing said site-built dwelling after obtaining a building permit for same; or
(c) For use of a manufactured home or mobile home as a temporary residence, located adjacent to an existing residence, when the Board of Zoning Appeals has approved the temporary placement by granting a variance to the owner or contract buyer whose own health or the health of another necessitates care and where the facts show that an unnecessary hardship would occur if not permitted to locate a temporary residence adjacent to the residence of one who is able to provide such care or is in need of such care.
(2) Provisions regulating permitted placement. A temporary use permit shall be obtained prior to placement of a manufactured home or mobile home for temporary use as herein defined. For use of a manufactured home or a mobile home as temporary residences, placement shall be additionally subject to:
(a) Applicable health provisions for sanitary facilities;
(b) Providing an adequate ground anchor; and
(c) Setback provisions as stated in the appropriate zone.
(3) Time limitations for temporary placement. A temporary use permit may be issued for a period not to exceed one year. A variance, when granted under the circumstances herein described, shall not exceed one year. A variance may be renewed, at the discretion of the Board of Zoning Appeals, for an additional one-year period by requesting such an extension through the established procedures for filing an appeal except that the normal filing fee shall be waived in cases of medical hardship as herein defined.
(4) Utility requirements. Manufactured or mobile homes used for temporary uses shall have an approved water supply, sewage disposal system, and utility connections, where appropriate, and at the discretion of the Plan Commission or its designated administrator.
(5) Permit fee. A temporary use permit shall be issued by the Plan Commission’s designated administrator. The fee shall be $25 and is in addition to all other required permits for utilities and sewage disposal systems.
(C) Violation.
(1) Subject to removal. A mobile home or manufactured home, placed upon property in violation of this chapter, shall be subject to removal from such property. However, the home owner must be given a reasonable opportunity of not more than 60 days to bring the property into compliance before action for removal can be taken. If action finally is taken by the appropriate authority to bring compliance, the expenses involved may be made a lien against the property.
(2) Removal method. The Plan Commission or the Board of Zoning Appeals or their designated administrator may institute a suit in an appropriate court for injunctive relief to cause such violation to be prevented, abated, or removed.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
The provisions of this chapter shall not be construed to limit or interfere with the construction, installation, and maintenance of public utility transmission facilities.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
Where a building is located on property acquired for public use by condemnation, purchase, or otherwise, such building or structure may be relocated on the same lot or premises although the area provisions of this chapter cannot be reasonably complied with. Furthermore, where a part of such building or structure is acquired for public use, the remainder of such building or structure may be repaired, reconstructed, or remodeled.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
(A) Nothing in this chapter shall be construed to exclude churches from any zone herein established, provided that any church building shall meet the yard, parking, height, and all other requirements contained in this chapter.
(B) No church building shall be located closer to an adjacent owner’s property line, where said adjacent property is in a Residence Zone, than the following distances:
(1) R-1 Residence Zone - 25 feet;
(2) R-2 Residence Zone - 25 feet.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
(A) Nothing in this chapter shall be construed to exclude buildings owned, leased, or used by a municipal, county, township, state or federal government from any zone established in this chapter.
(B) However, all such buildings shall meet the yard, parking, and height provisions of this chapter and no building shall be closer to an adjacent owner’s property line, where said adjacent property is in a Residence Zone, than the following distance:
(1) R-1 Residence Zone - 50 feet;
(2) R-2 Residence Zone - 50 feet.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
No tent or recreation vehicle shall be erected, placed, or used or maintained for living quarters in any zone. For the purpose of this chapter, the term TENT shall mean a collapsible shelter of cloth canvas or other material stretched and sustained by poles and used for outdoor camping. A RECREATIONAL VEHICLE shall be a motorized or non-motorized structure commonly used for temporary or recreation living which structure fails to comply with § 152.024 herein.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
On a corner lot in any residential zone, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision between height of three feet and ten feet above the centerline grades of the intersecting streets in an area bounded by the right-of-way lines of such intersecting streets and a line adjoining points along said intersection right-of-way lines 50 feet from the point of intersection of said right-of-way lines.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
(A) A fence, screen, or wall not more than eight feet in height, or a hedge of thick growth of shrubs or trees maintained so as not to exceed eight feet in height may be located in any side or rear yard in any zone, provided they shall not extend beyond the front wall of the building, beyond the average setback of the buildings on the adjacent lots.
(B) Fences, screens, walls, shrubs, and trees extending beyond the front wall of the building shall not exceed 42 inches in height and, when located in the yard along the street sides of a corner lot, must comply with § 152.030. Trees, shrubs, flowers, and plants are not covered by this provision provided they do not produce a hedge effect.
(C) This provision shall not be interpreted to prohibit the erection of an open mesh type fence enclosing a farm, school, or playground site.
(D) The Limited Industrial, Intense Industrial, and Airport Development Zones if any are adopted herein, are exempt from the above provisions in that the abovesaid provisions shall not be interpreted to prohibit the erection of a fence, screen, wall, shrub, or trees not to exceed eight feet in height.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
No lot or parcel of land shall be hereafter divided into two or more lots or parcels of land unless all lots or parcels of land resulting from such division shall conform with the provisions of this chapter. Any division of a lot or parcel of land which shall result in a violation of this section shall make the buildings or structures on said lot or parcel of land unlawful.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
(A) Definition.
(1) General definition.
(a) Accessory uses/structures shall be permitted in all zones in accordance with the provisions of this section. Accessory uses/structures:
1. Shall be incidental and commonly associated with the operation of the principal use of the lot;
2. Shall be operated and maintained under the same ownership and on the same lot as the principal use;
3. Shall, in residence zones, be clearly subordinate in height, area, and bulk to the principal use served;
4. Shall not be located closer to any lot line than the minimum setback line required, unless specified otherwise in this chapter; and
5. Shall not be permitted, in residence zones, prior to the erection and operation of the principal use.
(b) Such appurtenant features as walks, driveways, curbs, drainage installations, mailboxes, lamp posts, bird baths, fences, walls, uncovered patios, outdoor fireplaces, doghouses, tree houses, playground apparatus, waterfalls, or permanent landscaping shall be considered incidental uses/structures and not as accessory uses/structures subject to the provisions herein.
(2) Types of accessory uses/structures.
(a) Such buildings or structures as garages, carports, canopies, portechocheres, bath houses, cabanas, gazebos, storage buildings, greenhouses, guardhouses, video-satellite disks, fallout shelters, and similar accessory building or structures;
(c) Swimming pools. Swimming pools in residence zones may be installed only as accessory to a dwelling for the private use of the owners and occupants of such dwelling and their families and guests, or as accessory to a nursery school or day camp for children, and only on the conditions as follows:
1. Such pool shall be installed in the rear yard of the premises;
2. There shall be erected and maintained at minimum a good quality fence not less than five feet in height enclosing the entire portion of the premises upon which such pool shall be installed and entirely surrounding the area in which such pool is located; and
3. Every gate or other opening in the fence enclosing such pool, except an opening through the dwelling or other main building of the premises, shall be kept securely closed and locked at all times when the owner or occupant of the premises is not present at such pool.
(d) Amateur radio sending and receiving antennae, provided the height thereof including masts shall not exceed 75 feet measured from the finished lot grade at the base of the tower;
(e) Management office in multi-family dwelling complex and other structures providing services normally associated with tenants’ convenience; and
(f) Rummage sales as defined in this chapter.
(B) Height: setbacks. In any residence zone, an accessory building shall not exceed 17 feet in height and, when located in the rear yard, shall not be closer than three feet to the side and rear lot lines. In non-residence zones, an accessory building shall not exceed the height provision as established in the appropriate zone and, when located in the rear yard, shall not be closer than three feet to the side and rear lot lines.
(C) On corner lot. Accessory buildings located on the street side of a corner lot shall be setback a minimum the same distance as that required for the main building. If the main building setback is less than the required setback, then the accessory building shall be setback a minimum of the average of the main building setback and the setback of the main building on the adjacent property (or the required setback of the adjacent property, whichever is the least).
(D) On side yard. For an interior lot, an attached accessory building, or garage located on the side yard of a dwelling, shall be considered a part of the dwelling and not an accessory building and shall comply with the provisions of this chapter.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
(A) General. Within the zones established in this chapter, there exist nonconforming uses and structures which may continue to exist in accordance with the following provisions. The intent and goal of this section and this chapter is to lessen nonconforming uses and structures.
(B) Lots. In any zone permitting only single-family dwellings, a single-family dwelling shall be permitted on a lot which does not comply with the width and area requirements of this chapter, provided such lot was of record at the time of enactment of this chapter, and provided further that adjustments in yards are in accordance with provisions of this chapter. If two or more lots or parts of lots are in single ownership and enjoy continuous frontage at the time of the enactment of this chapter, and if all or part of such lots do not meet the width and area standards contained in this chapter, the lands involved shall be considered to be an undivided parcel. No portion of said parcel shall be used in a manner which may reduce compliance with the provisions of this chapter.
(C) Uses of land; abandonment. A nonconforming use of land shall not be enlarged, expanded, nor extended to occupy a larger area of land than was occupied at the time of the enactment of this chapter. A nonconforming use may be extended throughout any part of an existing structure which was arranged for such use prior to the enactment of this chapter. Such use shall not be moved in whole or in part to another location on the lot or parcel of land other than that occupied by the use at the time of the enactment of this chapter. If any such use ceases for a period of more than six months (except when government action or legal proceedings impede access to the premises, as determined by the Board of Zoning Appeals), any subsequent use of such land shall conform with the provisions of this chapter unless 66% or more of the surrounding uses of land within a 660-foot radius are also nonconforming uses of the same restriction as said subsequent use, thereupon, the proponent of said subsequent use shall apply for a certificate of nonconformity under the established procedures and additionally provide signed affidavits affirming the existence of surrounding nonconforming uses, as herein defined, of the same restriction. Said six-month limitation shall constitute an abandonment of the nonconforming use. Provided however, a property owner may commence repairs on restoration as provided in § 152.035 within said six-month limitation and will not be declared an abandonment if said repairs are completed within a reasonable time.
(D) Structures. A nonconforming structure shall not be moved in whole or in part to another location on the lot or parcel of land unless said relocation would bring the structure into conformance with the provisions of this chapter. If a nonconforming structure is made to conform, any future expansion or enlargement of said structure shall be in conformance with the provisions of this chapter. A nonconforming structure may be expanded or enlarged provided such expansion or enlargement would not further encroach upon the nonconforming characteristic of the structure.
(E) Substitutions. A nonconforming use may be changed to another nonconforming use of the same or greater restriction provided said change does not cause further violation of the performance standards of this chapter.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
Nothing in this chapter shall prevent the repair of a nonconforming structure. Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means, it may be reconstructed provided it does not further encroach upon the structure. Nothing shall prevent the repair of a structure containing a nonconforming use and, where the structure is destroyed by any means, the resumption of said use shall be subject to the provisions of § 152.034(C).
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
(A) A certificate of nonconformity shall transfer with ownership of property and shall be considered proof of a legal nonconforming use with said use being subject to the applicable provisions of § 152.034.
(B) Upon written request by the Administrative Zoning Officer or by his or her own volition, the owner of a property shall present documentary evidence to said Officer that a building or use owned by him or her qualifies as a legal nonconforming use.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
(A) Structures other than buildings. Towers, chimneys, stacks, spires, penthouses, cupolas, water tanks, silos, windmills, monuments, domes, grain elevators, and like structures may be built to a greater height than established in this chapter, except in the approach area of any airport where no structure shall be built which exceeds the maximum height permissible under the rules and regulations of any governmental agency. (See also § 152.054(A).)
(B) Projections. Cornices, eaves, sills, canopies, or similar architectural features, but not including bay windows or vertical projections, may extend or project into a required side yard not more than 18 inches and maximum of 36 inches into a front or rear yard. Any enclosed porch shall be considered as part of the main building.
(C) Setbacks. Where a new building or an addition to an existing building is proposed on a lot which adjoins two or more lots occupied by buildings, the setbacks for such new building or addition to an existing building shall be the main setback of the buildings on each side of the new building or addition to an existing building.
(D) Residential side yard. For a lot having a width of not less than 40 feet and not more than 50 feet at the building line at the time of the enactment of this chapter, residence buildings may have a minimum side yard of ten feet.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
ZONES
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