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(A) General. The zones referred to in § 152.051 and their boundaries, are shown upon maps which are hereby made a part of this chapter. Such maps are designated as the “Zone Maps for the City of Austin, Indiana.” The maps and all notations, references, and other information shown thereon shall be as much a part of this chapter as if matters set in them were all fully described in this chapter.
(B) Identification and recording. All city zone maps shall be identified by the signature of the President of the City Council, and shall be attested by the City Clerk-Treasurer and shall bear the seal of the city. Following the adoption of the city maps by the proper legislative authority, a copy of this chapter, inclusive of zone maps, shall be filed with the City Clerk-Treasurer, and the Recorder of the County of Scott, Indiana.
(C) Zone boundaries. Where any property is indicated in the zone maps as acreage and is not subdivided into lots, or where a zone boundary line shall be determined by using the scale shown on the map, zone boundaries are intended to follow lot lines, property lines, railroad right-of-ways, city and county limits, shore lines, lines of streams, canals, lakes or other bodies of water. Where a boundary divides a lot which was in single ownership at the time of the enactment of this chapter, the zone applying to the larger portion of the lot shall be considered as extending to the entire lot. If each portion of the lot is equal in size, then the most restrictive zone shall apply to both portions of the divided lot.
(D) Restoration. In the event any official zone map may become damaged, destroyed, lost, or difficult to interpret due to physical deterioration or the nature and number of changes made, the City Council may by ordinance and after public hearing adopt a new official zone map.
(E) Changes. No changes shall be made to the zone maps of the city except in full conformity with the procedures set forth in this chapter. Zone maps shall be revised every year in December, and all zone changes officially adopted by the proper governmental body shall be incorporated on the maps. The maps as updated shall be submitted to the Plan Commission for its consideration. If the Commission is satisfied that the changes are correct, it shall forward the maps to the City Council for adoption. Once adopted, a copy of the updated maps shall be filed with the City Clerk-Treasurer and the Recorder of the County of Scott, Indiana.
(F) Street vacation. Whenever a street, road, alley, railroad right-of-way, or other public way is officially vacated, the zones on each side of such vacated way shall be extended to the center of such street, road, alley, railroad right-of-way, or public way. This change shall be automatically achieved and shall not require following procedures established in this chapter for proposed zone changes.
(G) Annexation. Any territory officially annexed to the city shall retain the same zone or zones as it had when the territory was unincorporated.
(H) Similar uses. Similar uses to those permitted in each zone may be allowable. Whether a certain use is similar to a use listed in a specific zone, such similarity shall be determined by the Plan Commission under established procedures.
(I) Procedural. Each proposed zoning change referred to the City Council shall set forth the exact use, for which the petitioner is requesting the change. If the City Council acts favorably on the requested change, such change shall be only for the specific use requested by the petitioner and for no other use. Should the petitioner wish to change the use from the use originally granted but within the same general zone, he or she shall submit a new petition and follow established procedures as for a new change in zoning.
(1) Should the petitioner to whom a zone change is granted for a specific use fail to begin construction or installation of a use approved by the City Council within one year after the passage of the change of zone, the Zoning Officer shall the inform the City Council, which may initiate the proceedings to rezone the property subject of the zone change to its original classification.
(2) Within 60 days prior to the expiration of the one-year period, the petitioner may present the City Council with a bill of particulars setting forth reasons for failure to commence construction or use. The City Council may consider said reasons in deciding whether or not to initiate a change in zone as herein provided.
(Ord. 1991-07, passed 1-7-1991)
(A) No building shall hereafter be erected or altered:
(1) To exceed the height;
(2) To accommodate or house a greater number of families;
(3) To occupy a greater percentage of lot area; or
(4) To have narrower or smaller rear yards, front yards, side yards, or outer courts, than are specified herein for the district in which such building is located.
(B) No part of a yard or other open space required about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.
(C) Every building hereafter erected shall be located on a lot as herein defined. In no case shall there be more than one residential building and its accessory buildings on a lot. Multiple dwellings or group housing may be considered as one main residential building.
(D) There shall be two side yard setbacks of an interior lot, each being a minimum ten feet in width measured at right angles to the side property lines.
(E) There shall be two side yard setbacks of a corner lot. The side yard adjoining the street shall be a minimum of 45 feet in depth measured from the right-of-way line to the side wall of the building. The side yard adjoining the adjacent property shall be a minimum of ten feet in width measured at right angles to the side property line.
(F) There shall be a rear yard setback of a minimum 20 feet in depth measured from the rear property line to the rear wall of the building.
(G) No building or structure shall exceed 45 feet in height.
(H) The minimum floor area of any dwelling shall be not less than 950 square feet, exclusive of garages, carports, open porches or breezeways. The dimensions of the dwelling shall be not less than 20 feet in width nor less than 24 feet in depth, however, a manufactured or mobile home which was manufactured after January 1, 1981, which is not less than 950 square feet which complies with Indiana Administrative Building Council and Federal Manufactured Housing Construction and Safety Standards codes may be less than 20 feet in width.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
(A) Permitted uses. No building, structure, or land shall be used or occupied and no building or structure shall hereafter be erected, constructed, reconstructed, moved, expanded, or enlarged except for the following permitted uses:
(1) Single unit dwellings as regulated in divisions (C) through (I) below;
(2) Field crops; dairies; tree crops; flower gardening; nurseries; orchards; farms for the hatching, raising and sale of chickens, hogs, cattle, turkeys or other poultry; farms for grazing, breeding, raising and training of horses; sheep raising; and fisheries. All livestock buildings or structures placed thereon shall be at least 200 feet from any side and rear property line and shall meet the provisions of divisions (D) and (H) below. All other farm buildings or structures shall meet the provisions of divisions (C) through (I) below;
(3) Roadside stands, provided they offer for sale only agricultural products and provided no stand shall exceed an area of 200 square feet and no stand shall be located nearer than 20 feet to any existing or proposed right-of-way;
(4) Buildings or structures owned, leased, or used by a municipal, township, county, state or federal government, provided said buildings or structures meet the provisions of divisions (C) through (I) below;
(5) Buildings or structures used for religious assembly subject to the provisions of divisions (C) through (I) below;
(6) Public schools, colleges and universities, and private academic schools, all subject to the provisions of divisions (C) through (I) below;
(7) Cemeteries provided the site for a cemetery is a minimum of ten acres in area, and all buildings placed thereon shall be at least 100 feet from any side and rear property line and shall meet the provisions of divisions (D) and (H) below;
(8) Temporary recreational activities such as a circus or open athletic competition;
(9) Kennels and veterinary hospitals/clinics. Where all uses are completely enclosed within a building, all uses and buildings or structures placed thereon shall meet the provisions of divisions (C) through (I) below. Where there are open runways, pens, or similar open uses, all uses and buildings or structures placed thereon shall be at least 200 feet from any side and rear property line and shall meet the provisions of divisions (D) and (H) below. Off-street parking and signage shall be in accordance with §§ 152.076 and 152.090 through 152.097 of this chapter;
(10) Fire towers, chimney stacks, spires, penthouses, cupolas, water towers, silos, windmills, monuments, domes, and grain elevators, all as regulated in § 152.053(G), unless a variance shall be obtained to exceed 45 feet in height;
(12) Accessory uses and structures as regulated in § 152.033; and
(13) Temporary buildings used during construction, and including storage of building materials and equipment, for a period not to exceed the duration of such construction.
(B) Special uses subject to approval by the Board of Zoning Appeals. The following uses shall be allowed when approved by the Board of Zoning Appeals under the established procedures in § 152.111, and subject to the provisions herein specified:
(1) Salvage yards provided they comply with the performance standards set forth in § 152.113;
(2) Refuse disposal sites provided they comply with the performance standards set forth in § 152.114;
(3) Home occupations provided they comply with the performance standards set forth in § 152.115, and all uses and buildings or structures placed thereon shall meet the provisions of divisions (C) through (I) below;
(5) Nursery schools and child care centers provided they comply with the performance standards set forth in § 152.117, and all uses and buildings or structures placed thereon shall meet the provisions of divisions (C) through (I) below; and
(6) Hospitals or clinics provided that the premises upon which they are built shall be a minimum two acres in area, and all uses and buildings or structures placed thereon shall be at least 40 feet from any side and rear property line and shall meet the provisions of divisions (D) and (H) below.
(C) Lot width, frontage, and area. The width and lot frontage shall be a minimum of 50 feet at the building line and shall be a minimum of 5,000 square feet in area, exclusive of rights-of-way.
(D) Front yard setback - all lots. There shall be a front yard setback of a minimum 20 feet in depth measured from the right-of-way line to the front wall of the building.
(E) Side yard setback - interior lots. There shall be two side yard setbacks of an interior lot, each being a minimum ten feet in width measured at right angles to the side property lines.
(F) Side yard setback - corner lots. There shall be two side yard setbacks of a corner lot. The side yard adjoining the street shall be a minimum of 20 feet in depth measured from the right-of-way line to the side wall of the building. The side yard adjoining the adjacent property shall be a minimum of ten feet in width measured at right angles to the side property line.
(G) Rear yard setback - all lots. There shall be a rear yard setback of a minimum 20 feet in depth measured from the rear property line to the rear wall of the building.
(H) Height. No building or structure shall exceed 45 feet in height.
(I) Minimum floor area and building width. The minimum floor area of any dwelling shall be not less than 950 square feet, exclusive of garages, carports, open porches, or breezeways. The dimensions of the dwelling shall be not less than 20 feet in width nor less than 24 feet in depth, except that a mobile home constructed after January 1, 1981, with 950 square feet of living area may be construed to be in compliance.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
(A) Permitted uses. No building, structure, or land shall be used or occupied, and no building or structure shall hereafter be erected, constructed, reconstructed, moved, expanded, or enlarged except for the following uses:
(1) Single unit dwellings as regulated in divisions (C) through (I) below;
(2) Buildings or structures owned, leased, or used by a municipal, township, county, state or federal government, provided said buildings or structures meet the provisions of § 152.028 and the provisions of divisions (C) through (I) below;
(3) Public schools, colleges and universities, and private academic schools, all subject to the provisions of § 152.028 and the provisions of divisions (C) through (I) below;
(4) Buildings or structures used for religious assembly subject to the provisions of § 152.027 and the provisions of divisions (C) through (I) below;
(5) Signs and outdoor advertising as regulated in § 152.054(C);
(6) Temporary buildings used during construction, and including storage of building materials and equipment, for a period not to exceed the duration of such construction;
(7) Accessory uses and structures as regulated in § 152.033;
(8) Golf courses, parks, country clubs; and/or
(9) 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, 24 C.F.R § 3280 or I.C. 36-7-9-4, as promulgated by the Indiana Administrative Building Council, said dwelling unit being not less than 950 square feet of occupied space. 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.
(a) 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.
(b) The home shall be covered with an exterior material customarily used on site built residential dwellings, and such material shall extend over the top of the foundation (or meet the community’s site built residential dwelling home standards).
(c) The home shall have a roof composed of a material customarily used on site built residential dwellings, such as asbestos, fiberglass, shake, asphalt, or tile, which shall be installed according to state and local codes or standards.
(B) Special uses subject to approval by the Board of Zoning Appeals. The following uses shall be allowed when approved by the Board of Zoning Appeals under the established procedures in § 152.111 and subject to the provisions herein specified:
(1) Charitable institutions provided buildings or structures placed thereon meet the provisions of § 152.027 and the provisions of divisions (C) through (I) below;
(2) Hospitals or clinics provided that the premises upon which they are built shall be a minimum of two acres in area, and all uses and buildings or structures placed thereon shall be at least 40 feet from any side and rear property line and shall meet the provisions of divisions (D) and (H) below;
(3) Cemeteries provided the site for a cemetery is a minimum of ten acres in area, and all buildings placed thereon shall be at least 100 feet from any side and rear property line and shall meet the provisions of divisions (D) and (H) below;
(4) Nursery schools and child care centers subject to the performance standards contained in § 152.117, and provided all uses and buildings or structures placed thereon shall meet the provisions of divisions (C) through (I) below;
(5) Home occupations subject to the performance standards contained in § 152.115 and provided all uses and buildings or structures placed thereon shall meet the provisions of divisions (C) through (I) below;
(6) Nursing homes. All buildings placed thereon shall be at least 40 feet from any side and rear property line and shall meet the provisions of divisions (D) and (H) below;
(7) No mobile homes shall be permitted on city residential lots except to replace an existing mobile home, or as provided herein. A transportable structure built after June 25, 1976, the effective date for the Federal Mobile Home Construction and Safety Act of 1974, being 42 U.S.C. §§ 5401 et seq., larger than 950 square feet, and designed to be used as a year-round residential dwelling as scattered site housing on individual lots and not as a mobile home park. Subject to § 152.024;
(8) Customary home occupations provided that there shall be not external evidence of such occupations, except an announcement or sign exceeding one square foot in area, flush with the front of the building, provided that no such sign shall be illuminated;
(9) A duplex or two-family dwelling may be approved with no less than 720 square feet per living unit; and/or
(10) Swimming pools subject to § 152.077.
(C) Lot width, frontage, and area. The width and street frontage of a lot shall be a minimum of 50 feet at the building line and there shall be a minimum 5,000 square feet in area, exclusive of rights-of-way. Whenever public sewer and/or water facilities are not available and no unit sanitary sewer is available, the Board of Health requirements for lot area shall prevail, but shall not be less than 12,000 square feet in area, exclusive of rights-of-way. The lot area shall be used to determine the amount of lot coverage allowed in accordance with § 152.022.
(D) Front yard setback - all lots. There shall be a front yard setback of a minimum 20 feet in depth measured from the right-of-way line to the front wall of the building.
(E) Side yard setback - interior lots. There shall be two side yard setbacks of an interior lot, each being a minimum ten feet in width measured at right angles to the side property line.
(F) Side yard setback - corner lots. There shall be two side yard setbacks of a corner lot. The side yard adjoining the street shall be a minimum of 20 feet in depth measured from the right-of-way line to the side wall of the building. The side yard adjoining the adjacent property shall be a minimum of ten feet in width measured at right angles to the side property line.
(G) Rear yard setback - all lots. There shall be a rear yard setback of a minimum 20 feet in depth measured from the rear property line to the rear wall of the building.
(H) Height. No building or structure shall exceed 30 feet in height.
(I) Minimum floor area and building width. The minimum floor area of any dwelling shall be not less than 950 square feet, exclusive of garages, carports, open porches, or breezeways. The dimensions of the dwelling shall be not less than 20 feet in width nor less than 24 feet in depth. However, a manufactured home or mobile home complying in all respects to the requirements hereinabove may not be required to be 20 feet in width.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
(A) Permitted uses. No building, structure, or land shall be used or occupied and no building or structure shall hereafter be erected, constructed, reconstructed, moved, expanded, or enlarged except for the following uses:
(1) Single unit dwellings as regulated in divisions (C) through (I) below;
(2) All uses permitted in the R-1 District, subject to the regulations set forth therein;
(3) Two-family dwellings, duplex;
(4) Tourist homes/bed and breakfast inns;
(5) Clubs and lodges;
(6) Doctor’s and professional offices;
(7) Nursing and convalescent homes;
(8) Funeral homes;
(10) Public schools, colleges and universities, and private academic schools, all subject to the provisions of § 152.028 and the provisions of Article IV, Sections 3 through 9;
(13) Temporary buildings used during construction, and including storage of building materials and equipment, for a period not to exceed the duration of such construction; and/or
(14) Accessory uses and structures as regulated in § 152.033.
(B) Special uses subject to approval by the Board of Zoning Appeals. The following uses shall be allowed in R-2 Residential Zone when approved by the Board of Zoning Appeals under the established procedures in § 152.111, and subject to the provisions herein specified:
(1) Charitable institutions provided buildings or structures placed thereon meet the provisions of § 152.027 and the provisions of divisions (C) through (I) below;
(2) Hospitals and clinics provided that the premises upon which they are built shall be a minimum two acres in area, and all uses and buildings or structures placed thereon shall be at least 40 feet from any side and rear property line and shall meet the provisions of divisions (D) and (H) below;
(3) Cemeteries provided the site for a cemetery is a minimum of ten acres in area, and all buildings placed thereon shall be at least 100 feet from any side and rear property line and shall meet the provisions of divisions (D) and (H) below;
(4) Nursery schools and child care centers subject to the performance standards contained in § 152.117, and provided all uses and buildings or structures placed thereon shall meet the provisions of divisions (C) through (I) below;
(5) Home occupations subject to the performance standards contained in § 152.115, and provided all uses and buildings or structures placed thereon shall meet the provisions of divisions (C) through (I) below;
(6) Accessory dwelling provided the floor area of the accessory dwelling be not less than 300 square feet and provided the additional off-street parking requirements are met in accordance with § 152.076(E);
(7) Planned Unit Development (PUD) subject to the performance standards contained in § 152.114. All uses and buildings or structures placed thereon shall meet the provisions of divisions (D) and (H) below; and
(8) Multi-family dwellings subject to the requirements and approval of the State Administrative Building Council and divisions (C) through (G) below. The Board of Zoning Appeals shall impose additional setback restrictions, size, height, and off-street parking as set out in division (K) below.
(C) Lot width, frontage and area. The width and street frontage of a lot shall be a minimum of 60 feet at the building line and there shall be a minimum of 7,500 square feet in area, exclusive of rights-of-way. Whenever public sewer and/or water facilities are not available and no unit sanitary sewer is available, the Board of Health requirements for lot area shall prevail, but shall be not less than 7,500 square feet in area, exclusive of rights-of-way. The lot area shall be used to determine the amount of lot coverage allowed in accordance with § 152.022.
(D) Front yard setback - all lots. There shall be a front yard setback of a minimum of 20 feet in depth measured from the right-of-way line to the front wall of the building.
(E) Side yard setback - interior lots. There shall be two side yard setbacks of an interior lot, each being a minimum ten feet in width measured at right angles to the side property line.
(F) Side yard setback - corner lots. There shall be two side yard setbacks of a corner lot. The side yard adjoining the street shall be a minimum of 20 feet in depth measured from the right-of-way line to the side wall of the building. The side yard adjoining the adjacent property shall be a minimum of ten feet in width measured at right angles to the side property line.
(G) Rear yard setback - all lots. There shall be a rear yard setback of a minimum 20 feet in depth measured from the rear property line to the rear wall of the building.
(H) Height. No building or structure shall exceed 30 feet in height.
(I) Minimum floor area and building width. The minimum floor area of any dwelling shall be not less than 950 square feet per dwelling unit, exclusive of garages, carports, open porches, or breezeways. The dimensions of the dwelling shall be not less than 20 feet in width nor less than 24 feet in depth. A double or duplex may be built with no less than 720 square feet per dwelling unit.
(J) Percentage of lot coverage. All buildings including accessory buildings shall not cover more than 50% of the area of the lot.
(K) Multi-unit development.
(1) Definition. A MULTI-UNIT DEVELOPMENT shall mean residential development consisting of three or more units, where the intended development will be designed under one site plan.
(2) Zones in which permitted. A multi-unit development may be permitted in the R-2 Residence Zone.
(3) Purpose. The purpose of a multi-unit development is to provide for a site plan review of larger residential developments to promote future growth in accordance with the comprehensive plan. The site plan review is to ensure new developments are furnished with adequate facilities and services, such as utilities, access roads, ingress and egress to minimize traffic congestion, and drainage; to ensure that adjacent areas are not affected in a substantially adverse manner; and to generally carry out the purpose of this chapter.
(4) Procedure. An application for a multi-unit development shall be filed with the Board of Zoning Appeals under the established rules and procedures for a special use request as specified by this chapter. The application shall include the following items:
(a) Location and size of the area involved;
(b) Density of land use;
(c) Location, function, ownership, and manner of maintenance of common open space;
(d) Use, approximate height, bulk, and location of buildings and other structures;
(e) Feasibility of proposals for the disposition of sanitary and storm water;
(f) Covenants, grants, and easements to be placed on the use of the land and buildings;
(g) Provisions for parking of vehicles and the location and width of proposed streets;
(h) Relationship of proposed streets to streets in the proximity of the development; and
(i) Schedule of construction and a written statement of how the development would be consistent with residential growth.
(5) Standards and conditions. In considering an application for a multi-unit development, the Board may impose conditions to carry out the intent of this section and this chapter. These conditions may include, but are not limited to, the following type of provisions:
(a) Off-street parking and loading areas;
(b) Refuse and service areas;
(c) Special screening and buffering with reference to type, dimensions, and character of same;
(d) Signs and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with adjacent properties;
(e) Additional setback distances, yards, and other open space with reference to areas, as needed, to be set aside for open recreational or landscaped areas at a recommended ratio of 100 square feet per unit;
(f) General compatibility with adjoining properties, with reference to site development standards designed for mutual protection and environmental harmony;
(g) Establishment of unit owner facilities or accessory facilities such as swimming pools, club house, office, laundry unit, and storage areas;
(h) Fire protection requirements. Alarms, smoke alarms, sprinklers, and other considerations may be imposed; and
(i) Consideration of zero lot line developments, condominium, and other types of multi-family developments shall be made.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
(A) Permitted uses. No building, structure, or land shall be used and no building or structure shall hereafter be erected, structurally altered, enlarged, or maintained except for the following uses:
(1) Single-family; two-family; multiple-family dwellings, as regulated in the R-1 and R-2 Residence Zones. Such development is permitted, but not encouraged in this zone;
(2) Buildings owned, leased, or used by a municipal, township, county, state or federal government;
(3) Religious and charitable institutions;
(4) Railroad rights-of-way including yards, storage, switching, or shops owned and operated by railroad companies;
(5) Public schools, colleges, nursery and child care centers;
(6) Business and professional offices, doctor, dentist, attorney, accountant offices;
(7) Liquor stores, bars, taverns, dance halls;
(8) Food stores, drug stores, clothing stores, jewelry stores, auto equipment stores;
(9) Credit bureaus;
(10) Restaurants;
(11) Machine shops;
(12) Retail stores and shops;
(13) Banks, building and loans, lending institutions;
(14) Barber shops, beauty shops;
(15) Health centers;
(16) Restaurants, drive-in restaurants, cafés, lunchrooms;
(17) Hotels, motels, motor hotels, boarding houses, rooming houses;
(18) Political offices, union offices, real estate offices;
(19) Transportation terminals;
(20) Outdoor advertising as regulated in this chapter;
(21) Communication centers - telephone and telegraph;
(22) Radio stations, television stations, including towers and other appurtenances;
(23) Parking lots, parking garages;
(24) Fraternal, philanthropic, civic and service organizations;
(25) Auto repair, auto sales and showrooms;
(26) Newspapers, publishing establishments, printing shops;
(27) Gasoline stations and car washes;
(28) Department stores, sporting goods, art and music centers and supplies, art galleries;
(29) Laundries, dry cleaning establishments;
(30) Photographic studios and offices;
(31) Billiard parlors;
(32) Pawnshops, pet shops, pottery, souvenirs, flower shops;
(33) Auto equipment stores;
(34) Electrical contractors, insurance;
(35) Theaters;
(36) Business machines, electronic equipment, typewriter equipment;
(37) Jewelers, camera shops;
(38) Bakeries;
(39) Hardware stores, furniture stores, paint and glass stores;
(40) Warehouses;
(41) High-rise apartment buildings;
(42) Mortuaries;
(43) License bureaus, travel services;
(44) Fraternities and sororities; and
(45) Business establishments requiring, by state law, any entrant to be 18 years of age or older, taverns, bars or like establishments which serve or sell alcoholic beverages.
(B) Front yard. There shall be no front yard requirements, except that all buildings shall conform to existing building lines. Whenever a new building is proposed or an addition to an existing building is contemplated, the creation of a front yard, public courtyard, or extended sidewalk is encouraged.
(C) Side yard. There shall be the following side yard requirements. No business or commercial building shall be built less than five feet from a street or alley and no business or commercial building shall be built less than 15 feet from an adjoining building unless a common wall is intended.
(D) Rear yard. There shall be no rear yard requirements except that all business buildings shall be at least 20 feet from adjoining residential real property. Said rear yard may be used for parking.
(E) Height. There shall be no height requirements.
(F) Minimum floor area/parking. There shall be no minimum floor area requirements. Off-street parking shall be provided as follows: three parking spaces for each office suite within any structure or building, plus one parking space for each 300 square feet of gross floor area in excess of 2,000 square feet of gross floor area.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
(A) Permitted uses. This zone is intended for areas or zones where more intense use, commercial traffic, and major trading centers may be located. No building, structure, or land shall be used and no building or structure shall be hereafter erected, structurally altered, enlarged, or maintained except for the following uses:
(1) Uses permitted in the LBP Local Business Professional Office Zone;
(2) Health centers/retail shopping centers;
(3) Restaurants, but not drive-in restaurants, cafés, lunchrooms;
(4) Business and professional offices, political offices, union offices, real estate offices;
(5) Outdoor advertising as regulated in this chapter;
(6) Parking lots, not parking garages;
(7) Fraternal, philanthropic, civic, and service organizations;
(8) Gasoline stations, car washes, subject to the performance standards set forth in this chapter;
(9) Photographic studios and offices;
(10) Grocery stores;
(11) Bakeries;
(12) Jewelers, camera shops;
(13) Fraternities and sororities;
(14) Hardware stores, furniture stores, paint and glass stores;
(15) License bureaus, travel services;
(16) Laundries, dry cleaning establishments;
(17) Department stores, sporting goods, art and music centers;
(18) Florist shops, candy and ice cream stores;
(19) Skating rinks;
(20) Mobile home sales;
(21) Feed and fuel stores;
(22) Amusement enterprises;
(23) Plumbing and sheet metal shops;
(24) Gymnasiums;
(25) Sign painting shops, welding shops;
(26) Exterminating shops;
(27) Taxidermists;
(28) Rentals of garden equipment, garden supplies;
(29) Shooting gallery;
(30) Window blinds - sales and repair;
(31) Storage of building materials;
(32) Farm implement establishment for display, hire, sales, and repair, including sales lots;
(33) Animal hospital, veterinary clinic or kennel, provided any structure shall be not closer than 200 feet to any dwelling;
(34) Commercial baseball field, swimming pools, golf driving ranges;
(35) Greenhouses; and
(36) Hotels, motels, motor hotels.
(B) Front yard. There shall be a front yard of not less than 25 feet in depth measured from the right-of-way line to the front wall of the building.
(C) Side yard. There shall not be any minimum side yard requirements except that where a Community Business Variety Business Zone abuts a Residence Zone no building shall be closer to any existing dwelling than 25 feet. Except for common wall buildings, new buildings shall not be constructed less than 15 feet from an existing building.
(D) Rear yard. There shall be a rear yard of not less than 25% of the depth of the lot, but need not exceed 25 feet.
(E) Height/floor area. No building or structure shall exceed three stories or 45 feet in height. There shall be no minimum floor area requirements.
(F) Conditions. Business establishments shall be of a wholesale, retail or service nature. Goods shall be sold at retail. Servicing and processing shall be conducted within completely enclosed buildings.
(1) Drive-in establishments other than gasoline service stations, offering goods and services directly to customers waiting in parked vehicles shall not be permitted.
(2) Whenever a business establishment abuts a Residence Zone, the area between the business establishment and the Residence Zone shall be adequately buffered by trees, shrubs, distance, or fence.
(G) Major trading zone or shopping center.
(1) An applicant for a major trading zone, or shopping center (defined as a group of shops or stores not less than four in number functioning as a unit) shall submit an application for the same to the Plan Commission for approval of the plan and issuance of an improvement permit. No approval of the plan and improvement permit to the developer may be issued without the filing of the following: Copies of the center’s design and layout, a market analysis, a financial statement, a construction time-table, and a traffic survey - all prepared by a competent engineer, property owner, or firm.
(2) Upon filing of such application and material, the Plan Commission shall proceed with the review and analysis of the proposal, giving special attention to the adequacy of all thoroughfares to carry additional traffic generated by the shopping center; the size, layout, and capacity of areas proposed for vehicular access, parking, loading, and unloading; the relation of the center to access streets; the location, size, and use of buildings and structures; the landscaping of areas to harmonize with adjoining neighborhoods; the adequacy of storm and sanitary sewers; the unity and organization of buildings and service facilities.
(3) On the basis of the material filed, the Plan Commission shall determine whether or not the project shall be approved. If the requested change is approved it shall be subject to the submission and approval of a final development plan to the Plan Commission, which plan shall conform with all performance standards set forth in this chapter.
(4) Such final development plan shall be submitted within one calendar year from the date of rezoning or permit, otherwise the rezoning shall be considered null and void. No permit shall be issued for the construction of a shopping center until the Plan Commission has reviewed and approved the final plan and copy of the same is certified to the developer.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
(A) General. The IL Limited Industrial Zone is created to include industries whose manufacturing operations are carried on within enclosed buildings.
(B) Permitted uses. No building, structure, or land shall be used and no building or structure shall be hereafter erected, structurally altered, enlarged, or maintained except for the following uses:
(1) Uses permitted in all Business Zones;
(2) Offices provided for employees or guests, attached or detached which are incidental to the industrial operation. Service facilities for such offices shall be totally within a building and shall not display any exterior advertising;
(3) Farm buildings, structures, and uses;
(4) Public utilities, private utilities;
(5) Communication systems and appurtenances;
(6) Mass transportation terminals, including truck terminals limited to ten docks or bays;
(7) Recreation areas established for the convenience and use of employees of a specific industry;
(8) Temporary buildings and structures incidental to the development of land or to the erection of the same, provided such buildings and structures shall be removed at the termination of development or construction;
(9) Radio and television towers, including studios and business offices;
(10) Assembly operations for pre-manufactured parts;
(11) Manufacture of nonalcoholic beverages and/or bottling of alcoholic and nonalcoholic beverages;
(12) Office machinery - electrical and mechanical;
(13) Manufacture of portable household appliances; electric hand tools; electric motors; electric and neon signs;
(14) Cloth products manufacturing from finished cloth;
(15) Milk processing; bottling and manufacturing;
(16) Jewelry manufacturing; engraving;
(17) Food processing and packaging of products previously processed elsewhere;
(18) Leather products manufacturing from finished leather;
(19) Manufacturing of pharmaceuticals, medicines, and cosmetics;
(20) Manufacturing of optical goods, recording instruments;
(21) Warehouse and distribution operations, completely enclosed;
(22) Upholstering shops, manufacturing of mattresses;
(23) Canning, bottling, processing, and packing of food;
(24) Manufacturing of cans and containers excluding glass containers;
(25) Cabinet manufacturing;
(26) Manufacture and assembly of communication equipment;
(27) Electroplating operations;
(28) Manufacturing of margarine products;
(29) Manufacturing of office equipment;
(30) Manufacturing of malt products; and
(31) Machine, welding, tool and die shops.
(C) Front yard. See Performance Standards. (Division (H) below.)
(D) Side yard. See Performance Standards. (Division (H) below.)
(E) Rear yard. There shall be provided a rear yard of not less than 30 feet in depth, unless abutting a railroad right of way, in which case the building shall be permitted within five feet of said right-of-way.
(F) Residential setbacks. No building or structure shall be closer to a dwelling than 75 feet.
(G) Minimum floor area. There shall be no minimum floor area requirements.
(H) Performance standards.
(1) General. No permit shall be issued for the erection, relocation, or expansion of any industrial use or building unless the same complies with the performance standards set forth herein.
(2) Storage. All materials or products shall be kept within completely enclosed buildings or screened by a solid wall, fence, evergreens, hedge, or trees of minimum height of six feet and a maximum height of eight feet. Storage of material within the enclosure shall not exceed the height of the wall, fence, or vegetative screen. The total area devoted to outside storage shall not exceed 25% of the total gross area of enclosed structures.
(3) Setbacks. No part of any structure (excluding an eave or cornice overhang not to exceed four feet, or a canopy at an entrance) shall be built not closer than 120 feet to an Interstate Highway; 40 feet to a major state or county highway; 35 feet to a secondary highway; and 35 feet to any other street or highway. Where a front yard is located across a street and opposite to a dwelling or to a Residence Zone, a front yard of 40 feet shall be provided. Where a side yard abuts a dwelling or Business Zone, a side yard of 30 feet shall be provided.
(4) Screening. Where a front or rear yard abuts a dwelling or Business Zone, a masonry wall, fence, or compact hedge or row of shrubbery or evergreen trees shall be provided along or within ten feet of the zone lot line. Such screening shall be not less than six feet in height and shall not exceed eight feet.
(5) Height. Along any front, side, or rear yard adjacent to a Residence or Business Zone, the maximum vertical height shall be 25 feet. For each foot of height in excess of 25 feet, to an absolute maximum of 35 feet, one additional foot setback shall be provided.
(6) Emission. The emission of smoke, particulate matter and noxious and toxic gases shall be subject to the regulations of the State of Indiana Board of Health and/or any and all air pollution control laws, ordinances, or statutes passed before and after the enactment of this chapter. The storage, utilization, or manufacture of products or materials shall conform with the standards prescribed by the National Fire Protection Association. Such storage, utilization, or manufacturing shall not produce a hazard or endanger the public health, safety, and welfare of the people of the city.
(7) Discharge. No use shall accumulate or discharge any waste matter, whether liquid or solid, in violation of applicable standards set forth by the Indiana Department of Environmental Management, the Stream Pollution Control Board of the state or any pertinent local governmental agency. Sewage disposal plans and industrial waste treatment shall be approved by the Stream Pollution Control Board and City Sewer Department.
(8) Sound. No use shall produce sound in such manner as to endanger the public health, safety, and welfare of the people of the city. Sound shall be muffled so as not to become detrimental or a nuisance due to pressure, amount, intermittence, beat, frequency, shrillness, or vibration.
(9) Glare and heat. Any use established after the enactment of this chapter shall be operated so as to comply with performance standards governing glare and heat as set forth by the state.
(10) Fire and explosives. Storage, utilization, or manufacture of products and materials shall conform to the standards prescribed by the National Fire Protection Association.
(11) Radiation. Any use shall conform to the Atomic Energy Commission standards for protection against radiation. Also, the electromagnetic standards of the Federal Communications Commission shall be complied with.
(I) Sexually oriented business.
(1) Purpose. It is recognized that there are some sexually oriented business uses which by their very nature have serious objectionable operational characteristics, particularly when they are located in close proximity to residential neighborhoods, parks, religious facilities, and schools, and thereby have a deleterious impact upon property values and the quality of life in such surrounding areas. It has been acknowledged by communities across the nation that state and local governmental entities have a special concern in regulation the operation of such businesses under their jurisdiction to ensure that these adverse secondary effects will not contribute to the blighting or downgrading of adjacent neighborhoods nor endanger the well-being of the youth in the communities. The special regulations deemed necessary to control the undesirable externalities arising from these enterprises are set forth in this section. The primary purpose of these controls and regulations is to preserve the integrity and character of residential neighborhoods, to deter the spread of urban blight, and to protect minors from the objectionable operational characteristics of these sexually oriented businesses by restricting their close proximity to religious facilities parks, schools, and residential areas.
(2) Prohibitions.
(a) The establishment, enlargement, construction, reconstruction, or structural alteration of any sexually oriented business shall be prohibited if such business is within 300 feet of another such business, or within 1,500 feet of any existing religious facility, church, school, park, single-family district R-1, R-2 Zoning District within the city.
(b) No sexually oriented business shall be established, operated, located, constructed, reconstructed or commenced in any zoning district in the city except or unless the site shall be located in Limited Industrial Zone within the city.
(c) Adult cabarets, video viewing booths or arcade booths, as defined herein, are prohibited in all sexually oriented businesses in all zoning districts within the jurisdiction of the city.
(3) Measurement.
(a) The distance between one sexually oriented business and anther shall be measured in a straight line, without regard to intervening structure or objects, from the closest exterior structural wall of each business.
(b) The distance between a sexually oriented business and any religious facility, school, park, or residential zoning district (R-1, R-2) shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior structural wall of the sexually oriented business to the nearest property line of the religious facility, school, park, or residential zoning district.
(4) Exterior display.
(a) No sexually oriented business shall be conducted in any manner that permits the observation of any material depicting, describing, or relating to specific sexual activities or specified anatomical areas by display, decoration, sign, show window, or other opening from public view.
(5) Definitions. For the purpose of this section, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.
ADULT CABARET. Any business, building, or portion thereof that features dancing or other live entertainment that is distinguished or characterized by the exhibition of SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS for observation by customers or patrons.
SEXUALLY ORIENTED BUSINESS. Any business establishment where all or part of the business is devoted to the offer for sale or view of material, sexually oriented toys or novelties, or performances that show SPECIFIED ANATOMICAL AREAS or SPECIFIED SEXUAL ACTIVITIES.
SEXUALLY ORIENTED TOYS OR NOVELTIES. Any instrument, devices, or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs, or devices used to perform sadomasochistic acts.
SPECIFIED ANATOMICAL AREAS. Less than completely and opaquely cover human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Any of the following: human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; fondling or other erotic touchings of human genitals, pubic regions, buttocks or female breasts; flagellation or torture in the context of a sexual relationship; masochism, erotic or sexually oriented torture, beating or the infliction of pain; erotic touching, fondling or other such contact with an animal or latent object by a human being; or human excretion, urination, menstruation, vaginal, or anal irrigation as part of or in connection with any of the activities set forth herein.
VIDEO VIEWING BOOTH or ARCADE BOOTH. Any business or building, or portion thereof that contains any booth, cubicle, stall, or compartment that is designed, constructed, or used to hold or seat patrons and is used for presenting motion pictures or viewing publication by any photographic, magnetic, digital or other medium including but not limited to film, video, or magnetic tape, laser disc, CD rom, magazines, or periodicals for observation by patrons therein of performances or images that show SPECIFIED ANATOMICAL AREAS or SPECIFIED SEXUAL ACTIVITIES. A video viewing booth or arcade booth shall not mean a movie theater or a room or enclosure that contains more than 600 square feet.
(Ord. 1991-07, passed 1-7-1991; Ord. 2006-02, passed 8-8-2006) Penalty, see § 10.99
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