Loading...
(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
(A) General. The IIM Intense Industrial Zone is created to include heavy manufacturing uses and Industrial Parks. Industrial Parks refer to industrial subdivisions not less than five acres in area developed in accordance with the City Comprehensive Plan.
(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 and Industrial Zones;
(2) Manufacturing of steel, tin, or glass containers;
(3) Manufacturing of cement, lime, and gypsum;
(4) Open hearth, blast furnaces;
(5) Coke ovens, creosote manufacturing;
(6) Fat rendering, fertilizer manufacturing;
(7) Slaughtering and food processing;
(8) Manufacturing of explosives, matches, fireworks;
(9) Storage of petroleum products;
(10) Manufacturing of chemicals, detergents, soaps;
(11) Foundries;
(12) Manufacturing of railroad equipment, repair, and services;
(13) Utility pole yards and pipe yards;
(14) Motor truck terminals over ten docks or bays subject to the performance standards set forth in this chapter; and
(15) Paper box and paper products manufactured from finished paper.
(C) Performance standards. The same performance standards set forth in § 152.059(H), shall apply to the IIM Intense Industrial Zone.
(D) The plan for an industrial park. Any person, group of persons, organization, or corporation contemplating the development of an Industrial Park Zone or seeking a change in zone for the purpose of development of such zone, shall file a complete site plan, accurate and to scale, showing how the project is to be carried out. Attractiveness, compatibility, and flexibility of design shall be fundamental areas studied by the Plan Commission in making its determination.
(1) The plan shall include street design, building arrangement, off-street parking and loading, accessory uses and facilities, topography, and setback requirements.
(2) The plan shall contain maximum building coverage of not more than 45% of the total area of the lot.
(3) The developer of an industrial park shall provide a system of sanitary sewers and a system of municipal or privately owned water supply.
(4) Should the proponents of an industrial park be seeking departures from applicable provisions of this chapter, they shall submit reasons justifying such departures.
(E) Procedure. The same procedure as for attaining a proposed zone change shall be followed by the Plan Commission in making a determination as to whether or not an application for industrial park zoning should be favorably recommended, including public hearings.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
(A) General. Certain areas in the city, under existing conditions, are unsuitable for permanent occupancy being subject to periodic inundation. The purpose of the FA Flood Area Zone is to safeguard human life and property from the dangers of flood and avoid the losses both in life and wealth which may occur. The city has adopted an ordinance to control flood hazard areas which should be read in conjunction with this zoning chapter. The city’s ordinance for flood hazard area shall take precedence and be superior to the terms herein only if there is determined to be an ambiguity or duplication.
(B) Boundaries. The boundaries of the FA Flood Area Zone have been determined from data obtained from the Louisville District of the Corps of Engineers of the Department of the Army and the Federal Emergency Management Agency. Such boundaries run on the west side of the city from State Road 256 south to York Road and on the south side of the city from the intersection of Cross Street and High Street south to York Road. (see Map at the end of this section). The city has a flood hazard boundary map, FHBM, and a flood insurance rate map, FIRM, which were prepared by the Federal Emergency Management Agency which maps are utilized herein.
(C) Permitted uses.
(1) No building, structure, or land shall be used and no building or structure shall hereafter be erected, enlarged, or maintained except for the following uses:
(a) Parks, playgrounds, boat houses, golf courses, landings, docks, and related uses;
(b) Wildlife sanctuaries operated by governmental units or non-profit organizations; woodland preserves;
(c) Farming, truck, and nursery gardening;
(d) Pasture, grazing;
(e) Forestry, reforestation, excluding storage and mill structures;
(f) Hunting, fishing;
(g) Outlet installations for sewage treatment plants, sealed public water supply wells, utility transmission lines; and
(h) Loading areas, parking areas, airport landing strips.
(2) Subject to the following conditions:
(a) Upon receipt of an application for an improvement location permit, the Building Official shall determine if the site is located within an identified floodway or within the floodplain where the limits of the floodway have not yet been determined;
(b) 1. If the site is in an identified floodway the Building Official shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Department of Natural Resources and apply for a permit for construction in a floodway. Under the provisions of I.C. Title 14, a permit from the Natural Resources Commission is required prior to the issuance of a local building permit for any excavation, deposit, construction, or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing, and paving, etc. undertaken before the actual start of construction of the building;
2. No action shall be taken by the Building Official until a permit has been issued by the Natural Resources Commission granting approval for construction in the floodway. Once a permit has been issued by the Natural Resources Commission, the Building Official may issue the local improvement location permit, provided the provisions contained in Sections 7 and 8 of this ordinance have been met. The Improvement Location Permit cannot be less restrictive than the permit issued by the Natural Resources Commission;
(c) If the site is located in an identified floodway fringes, then the Building Official may issue the local improvement location permit provided the provisions contained in this chapter have been met. The key provision is that the lowest floor of any new or substantially improved structure shall be at or above the flood protection grade;
(d) If the site is an identified floodplain where the limits of the floodway and floodway fringe have not yet been determined and the drainage area upstream of the site is greater than one square mile, the Building Official shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Department of Natural Resources for review and comment.
1. No action shall be taken by the Building Official until either a permit for construction in the floodway or a letter of recommendation citing the 100-year flood elevation and the recommended flood protection grade has been received from the Department of Natural Resources.
2. Once the Building Official has received the proper permit or letter of recommendation approving the proposed development, an improvement location permit may be issued provided the conditions of the ILP are not less restrictive than the conditions received from Natural Resources and the provisions contained in Section 7 and 8 of this ordinance have been met.
(e) Preventing increased damages. No development in the Flood Hazard Area shall create a damaging or potentially damaging increase in flood heights or velocity or threat to public health and safety.
1. Within the floodway identified on the flood boundary and floodway map or the flood insurance rate map, the following standards shall apply:
a. No development shall be allowed which acting along or in combination with existing or future similar works, will cause any increase in the elevation of the regulatory flood; and
b. For all projects involving channel modifications or fill (including levees) the city shall submit a request to the Federal Emergency Management Agency to revise the regulatory flood data.
2. Within all SFHAs identified as A Zones (no 100-year flood elevation and/or floodway/floodway fringe delineation has been provided), the following standard shall apply: the total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the regulatory flood elevation more than one-tenth (0.1) of one foot and will not increase flood damages or potential flood damages.
3. Public health standards in all SFHAs. No development in the SFHA shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the flood protection grade, unless such materials are stored in a storage tank or floodproofed building constructed according to the requirements of division (C)(2)(f) below. New and replacement sanitary sewer lines and on-site waste disposal systems may be permitted providing all manholes or other above-ground openings located below the FPG are watertight.
(f) Protecting buildings. In addition to the damage prevention requirements of division (C)(2)(e) above, all buildings to be located in the SFHA shall be protected from flood damage below the FPG. This building protection requirement applies to the following situations:
1. Construction or placement of any new building valued at more than $1,000;
2. Structural alterations made to an existing building that increase the market value of the building by more than 50% (excluding the value of the land) ;
3. Reconstruction or repairs made to a damaged building that are valued at or more than 40% of the market value of the building (excluding the value of the land) before damage occurred;
4. Installing a manufactured home on a new site or a new manufactured home on an existing site. This chapter does not apply to returning the existing manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage; and
5. Installing a travel trailer on a site for more than 180 days.
(D) Prohibited uses. The following uses shall be totally prohibited in the FA Flood Area Zone:
(1) Residences;
(2) Dumps; landfills;
(3) Removal of top soil;
(4) Junk yards, outdoor storage of vehicles;
(5) On site sewage disposal systems.

(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
(A) General. The AD Airport Development Zone is created with the purpose of coordinating the location, size, and creation and configuration of anticipated airports in the city with patterns of residential growth and other major land uses as well as with other transportation facilities and services; to make the airport environs compatible with airport operations; to make physical development and land use of airports compatible with existing and proposed patterns of land use; to regulate the height of structures or natural growth erected, altered, allowed to grow or maintained in any zone established by the Federal Aviation Agency.
(B) Zone map. In addition to the Official Zone Maps for the city, typical airport maps are hereby made a part of this chapter. The maps show the boundaries of the airports, instrument, noninstrument, VFR transition, horizontal and conical zones; airport reference points and elevations.
(C) 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) Landing and takeoff runways;
(2) Landing strips;
(3) Hangars;
(4) Taxi ways and parking ramps;
(5) Airplane repair shops;
(6) Restaurant facilities related to airport operations;
(7) Airplane fuel storage;
(8) Parking as required in this chapter;
(9) Personnel and ticket offices;
(10) Towers for control, landings, and takeoff;
(11) Sports assembly, not in airport proper;
(12) Community parks, not in airport proper;
(13) Farming;
(14) Entertainment assembly, not in airport proper;
(15) Communication, transportation, and utilities;
(16) Motor vehicle transportation;
(17) Ambulance and fire protection;
(18) Hotels; overnight accommodations; and
(19) Limited industrial operations compatible to the operation of airports when approved by the Plan Commission. Applications for such uses shall be made according to established procedures and shall be subject to public hearing. Prior to approving any light and limited industrial use, said Plan Commission shall conclusively determine that the proposed use shall not constitute a hazard to airport traffic and to surrounding area.
(D) Uses totally prohibited. The following uses shall be prohibited in the AD Airport Development Zone and shall not be permitted under any conditions or circumstances.
(1) No use may be made of land within an instrument, non-instrument, VER transition, horizontal or conical zone as established by the Federal Aviation Agency for each airport in such manner as to create electrical interference with radio communication between the airports and aircrafts, make it difficult for flyers to distinguish between airport lights and others, result in glare in the eyes of flyers using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, takeoff, or maneuvering of aircraft.
(2) No structure or tree shall be erected, altered, allowed to grow or be maintained in any instrument approach or non-instrument approach, VFR transition approach, horizontal or conical zone as established by the Federal Aviation Agency to a height in excess of 35 feet, or to a height that may be in conflict with the standards of the Federal Aviation Agency. Height limitations shall be governed, whenever necessary, by standards established for the Instrument Approach Zone, the Non-instrument Approach Zone, Horizontal Zone, Conical Zone, VFR Transition Zone as established by the Federal Aviation Agency.
(E) Marking and lighting. The owner of any tree or structure which at the time of the enactment of this chapter may be in conflict with the height provisions, shall be required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport hazards.
(F) Existing uses. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure, or tree to be made or become higher, or become a greater hazard to air navigation than it was on the date of the enactment of this chapter or any amendments thereto.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
(A) General.
(1) Mobile homes are increasingly becoming a part of the urban scene, therefore it has become necessary to establish a zone for them containing basic and uniform regulations and performance standards in order to protect the safety, health, and welfare of their occupants as well as the total community.
(2) A mobile home park must be sufficient to accommodate the desired number of units, parking area for motor vehicles, access roads and walkways, and recreational facilities - all as required in this section. Among the features to be considered in the planning of mobile home parks shall be: size, shape, topography, land costs, local codes and ordinances, uses of adjoining properties, availability of water supply and sewage disposal. Prior to filing an application for an MHR Mobile Home Residence Zone the interested persons shall consult with local and state health authorities to determine the suitability of the site.
(B) Standards. The following standards shall be complied with in any plan, application, or request for a change in zone to permit a mobile home park. Such standards shall be over and above those which may be required by other local or State agencies. State standards in I.C. 22-15-4-1 et seq. as amended and 410 I.A.C. 6-6 as amended are minimum standards.
(1) Roads: Parking. All streets intended to be dedicated to the public shall be constructed and designed in compliance with the standards set forth in the subdivision regulations. All streets intended to be privately owned and maintained shall be constructed and designed in compliance with the standards specified herein. All internal streets shall have a minimum width of 24 feet of pavement. If parking is prohibited on both sides of an internal street, the width may be reduced to 18 feet of pavement. Internal streets shall be two-way streets if they are 500 feet or less in length or serve less than 25 mobile homes.
(a) They shall be one-way streets regardless of length if they provide access to mobile homes on one side of the street only. Dead-end streets shall be provided with a turn-around having at least 60 feet in diameter.
(b) Entrance streets connecting with internal streets shall be not less than 34 feet in width if parking is permitted on both sides. If parking is permitted on one side only, such a street may have a width of 27 feet, provided the entrance street is more than 100 feet in length and does not provide access to abutting mobile home lots within the first 100 feet.
(c) All streets shall intersect at right angles. Street intersections should be at least 150 feet apart and the intersection of more than two streets at one point shall be avoided.
(d) Grades shall be less than 8%. Short runs up to 12% could be used if necessary. All streets shall be provided with a smooth, hard, and dense surface properly drained and according to the most recent city or county specifications.
(e) To reduce traffic hazards, parking or individual parking spaces on each lot shall be provided at a ratio of eight spaces for every four mobile home lots. Every parking space shall be located within 100 feet of the mobile home it is intended to serve.
(2) Walkways. Where traffic is expected to be heavy such as in the proximity of recreation areas, management or service areas, three and one-half foot common walks shall be provided. Walks shall also be provided on each mobile home lot so as to connect it with the street. Such walk shall have a minimum width of two feet.
(3) Lots. Every lot in a mobile home park shall contain 3,500 square feet in area to avoid overcrowding and in order that modern mobile homes and appurtenances can be properly accommodated. There shall be a 15-foot clearance between mobile homes, including mobile homes placed end to end. No mobile home shall be closer to any park property line than 25 feet, 30 feet to any street or right-of-way, 15 feet to any recreational area. In determining clearances and open spaces, accessory structures having a horizontal area in excess of 25 square feet located within ten feet of a window shall be considered as a part of the mobile home. Driveways for individual mobile home lots shall be at least eight feet in width with an extra two feet if they serve as walks. The on-lot parking space served by a driveway shall be nine feet wide and 20 feet long.
(4) Recreation. Every mobile home park shall provide recreation areas in a ratio of at least 100 square feet of space for each mobile home lot. No outdoor recreation area, however, shall be less than 2,500 square feet. Recreation areas shall be located on sites substantially free from traffic interference and hazards. The same shall be properly buffered with trees, evergreens and/or other vegetative growth.
(5) Service buildings. There shall be a service building on every mobile home park to accommodate laundry and storage facilities whose construction shall conform to local and state building regulations. Such building shall be of permanent construction and shall have a weather-resistant exterior finish of moisture-resistant material. Floors shall be impervious to water and sloped to drains connected to a sewerage system.
(C) Permits.
(1) It shall be unlawful for any person to construct, alter, or extend any mobile home park unless he or she has been issued a zoning permit by the Plan Commission. Application for such permits shall be filed with said Plan Commission and shall contain the following information: Name and address of the applicant; location and legal description of the property; and complete engineering plans and specifications for the proposed park. Engineering plans shall include the area and dimensions of tract; number, location, and size of all mobile home lots; location and width of all roadways and walkways; location of service buildings and other buildings; location of water, plans, and specifications for the water supply systems; plans and specifications for buildings constructed or to be constructed within the mobile home park; and the location and details of the lighting and electrical systems. Copies of all information shall be supplied to the Plan Commission for obtaining a permit.
(2) No zoning permit shall be issued by the Plan Commission for the installation of a mobile home park until a zone change has been favorably completed and all the requirements of this section have been met. Any extension of an existing park which was not a part of the original plan shall meet all the requirements of this section and a permit shall be obtained from said Officer based on the number of additional lots and the per-lot fee as stated in this chapter. The zoning permit for the mobile home park shall not be considered as a permit for common buildings constructed in conjunction with the park. All recreation buildings, service buildings, and other buildings housing common facilities shall be considered commercial buildings for the purpose of obtaining all applicable permits.
(D) Sewage-water.
(1) No mobile home park shall be permitted unless the same shall be connected to existing sewerage facilities or unless it provides a sewage disposal plant which shall adequately serve the proposed park and any future extension of it. Any sewage disposal plant shall have the approval of the State of Indiana Board of Health.
(2) No mobile home park shall be permitted unless the same is connected to a public water supply system or shall provide its own adequate centralized water facility acceptable to the State Board of Health. Written certification from the agency shall be furnished to the Plan Commission. The sanitary sewer system and the storm sewer system shall be separate and shall be sized and designed according to standard engineering practice. Storm sewers shall provide a minimum velocity of two and five tenths per second when flowing full. Written certification from an appropriate body or agency shall be furnished to the Plan Commission that the storm sewers are installed as such or that the drainage system has been approved.
(E) Pest control. Mobile home parks shall establish and operate under the most rigid practices to control mosquitoes, flies, roaches, rats, fleas, ticks, chiggers, and other pests.
(F) Refuse collection. Mobile homes shall each be equipped with a 30-gallon container. Such container shall be regularly sprayed with suitable insecticides to reduce odors and to eliminate fly incidence. All refuse containing garbage shall be collected at least once weekly. The mobile home park shall include a central collection area for garbage and solid waste with room for an enclosed dumpster or other suitable collector approved by the city’s garbage collection official.
(G) Electrical distribution.
(1) Electrical wiring, equipment, and appurtenances shall be installed and maintained in accordance with applicable permits, codes, and regulations. Where such codes do not exist the provisions of the National Electrical Code shall control.
(2) All streets, walkways, buildings, and other facilities shall be adequately lighted. An average illumination level of at least six-tenths (0.6) footcandle and a minimum illumination level of one-tenth (0.1) footcandle shall be maintained on all streets. Potentially hazardous locations such as intersections, steps or ramps shall be illuminated with a minimum level of three-tenths (0.3) footcandle.
(H) Mobile home requirements. All mobile homes permitted to be installed in said mobile home residence zone shall comply with the following requirements:
(1) Manufactured home. The following manufactured homes are permitted:
(a) 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, being 24 C.F.R. 3280, or I.C. 36-7-9-4, 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) Built with Manufactured Housing Construction and Safety Standards Code. Title IV of the 1974 Housing and Community Development Act (42 U.S.C. §§ 5401 et seq), as amended (previously known as the federal Mobile Home Construction and Safety Act, 42 U.S.C. §§ 5401 et seq.), rules and regulations adopted thereunder, which include H.U.D. approved information supplied by the home manufacturer, and regulations and interpretations of said code by the Indiana Administrative Building Council.
(2) Mobile home. The following mobile homes are permitted in the MHR Zone: A transportable structure built after June 15, 1976, the effective date for the Federal Mobile Home Construction and Safety Act of 1974, larger than 700 square feet, and designed to be used as a year-round residential dwelling.
(3) The home shall meet all requirements applicable to single-family dwellings subject to minimum requirements herein and possess all necessary improvement location, building, and occupancy permits and other certifications required by the code.
(4) The home shall be larger than 768 square feet of occupied space if it is a manufactured home and 700 square feet if it is a mobile home, or meet the minimum square footage requirements for the appropriate zone.
(5) The home shall be attached, tied down, and anchored to a permanent foundation with adequate skirting installed in conformance with the regulations in the Indiana One and Two-Family Dwelling Code and with manufacturer’s installation specifications.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
GENERAL PERFORMANCE STANDARDS
The following standards shall be minimum requirements for uses permitted in this chapter. Because of the special character of the Business Zones, LBP Business and Professional Office Zone and GBC General Community Business Zone, the parking and loading facilities shall be developed as a part of a general plan based on location, system of streets and highways, and transit. Such facilities may be developed by financial interests which may lease them to parking operators by the city, and operated by it or by private operators, by a group or groups of merchants or investors, or by a single owner or partnership.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
(A) Purpose. In order to reduce congestion in public streets and highways and to provide increased safety for the general public, any and all structures erected after the enactment of this chapter shall be suited with parking, loading, and unloading facilities as required in this subchapter. Off-street parking facilities shall be screened from any Residence Zone with a suitable buffer or fence not less than four feet in height. No required front or side yard shall be used as a part of the off-street parking requirements. Where there may be more than one use in the same building or structure, the total off-street parking requirement shall be the sum of the requirements specified herein for each of the various uses.
(B) Definition. For the purpose of this chapter, a PARKING SPACE FOR ONE VEHICLE shall consist of not less than 180 square feet of area, exclusive of drives, aisles, and other necessary means of access, with free access from a public street or highway.
(C) Improvement. All land used for off-street parking, and all driveways thereto, shall be paved or surfaced in accordance with the most recent specifications of the city or county and shall be drained in a manner which shall meet the minimum required in such specifications. Any light used to illuminate land used for off-street parking or driveways thereto shall be installed and maintained so as to reflect the light away from any Residence Zone.
(D) Off-street loading and unloading. There shall be provided and maintained space for vehicles standing, loading, and unloading on the same premises with every building, structure, or part thereof hereafter erected, established, or enlarged and occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, laundry, dry cleaning, and uses involving the receipt and distribution by vehicles of material or merchandise as follows: a 12-foot by 35-foot loading space with 14-foot height clearance for every 20,000 square feet or fraction thereof of floor area in excess of 6,000 square feet of floor area used for the above mentioned purposes, or for every 20,000 square feet or fraction thereof of land used. This requirement shall be separate and apart from any and all other off-street parking requirements.
(E) Off-street parking. The following off-street parking requirements shall be provided and maintained in conformity with the provisions of this chapter;
(1) Airport - One parking space for every two employees plus one parking space for every four seats;
(2) Apparel shop, dress shop, men’s clothing, children’s clothing - One parking space for each 125 square feet of floor area;
(3) Apartments - Two parking spaces for each dwelling unit;
(4) Apartment hotel, hotel, motel - One parking space for each sleeping room;
(5) Auditorium, gymnasium, theater - One parking space for each four seats based on the maximum seating capacity, including fixed and movable seats;
(6) Auto sales - One parking space for each 1,000 square feet used for retaining;
(7) Bakery, tavern - One parking space for each 125 square feet of floor area;
(8) Bank, industrial park - One parking space for each three employees;
(9) Barber shop, photography studio - One parking space for each 125 square feet of floor area;
(10) Beauty parlor - One parking space for each 125 square feet of floor area;
(11) Billiard room - One parking space for each 125 square feet of floor area;
(12) Bowling alley - Three parking spaces for each lane, plus one parking space for every six spectator seats;
(13) Boarding house, halfway house, dormitory, kindergarten - One parking space for each four occupants;
(14) Bus station - One parking space for each ten seats in waiting room, plus one parking space for each two employees of connected retail use;
(15) Cemetery - One parking space for each two employees;
(16) Clinic, professional office, doctor, attorney, dentist, accountant - One parking space for each two employees plus two parking spaces for each professional;
(17) Church, temple, lodge - One parking space for each six seats in main auditorium or one per each 125 square feet of floor area;
(18) Club house - One parking space for each two sleeping rooms;
(19) Cold storage - One parking space for each 125 square feet of floor area;
(20) Community center, library, museum, school - Parking spaces equal in number to 30% of the capacity of persons;
(21) Country Club - One parking space for each two employees plus three parking spaces for each golf hole;
(22) Convalescent or nursing home - One parking space for each eight beds, plus one parking space for each two employees;
(23) Dancing academy - One parking space for each 200 square feet of floor area;
(24) Department store, shopping center - One parking space for each 125 square feet of floor area;
(25) Delicatessen, restaurant, grocery, market, furniture store - One parking space for each 225 square feet of floor area;
(26) Dry cleaning, laundry - One parking space for each 125 square feet of floor area;
(27) Drugstore - One parking space for each 125 square feet of floor area;
(28) Dwelling, mobile home park - Two parking spaces for each dwelling unit;
(29) Two-family dwelling - Two parking spaces for each dwelling unit;
(30) Dwelling with roomers - Two parking spaces for each dwelling unit plus one parking space for each room rented to persons not members of the resident family;
(31) Fire stations, police stations, radio stations - One parking space for each two employees on shift; and
(32) Flower shop, funeral home, green house - One parking space for each 225 square feet of floor area.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
Loading...