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Elkhart, IN Code of Ordinances
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§ 151.230 EXTERIOR LIGHTING STANDARDS.
   (A)   Intent. The provisions set forth in this section are intended to qualify and supplement the zoning district regulations. In order to provide for the community’s health, safety and welfare, regulations for the placement, type and intensity of lighting for multi-family residential, commercial and manufacturing properties are set forth.
   (B)   Exterior lighting standards.
      (1)   All exterior lighting shall be designed in a consistent and coordinated manner for the entire site.
      (2)   All exterior lighting shall be shielded to avoid casting light above 3/10 foot candles or glare upon any property located in a residentially zoned district or used for residential purposes.
      (3)   All exterior lighting shall be shielded to avoid casting light above 5/10 foot candles or glare upon any non-residential adjacent property.
      (4)   Flood or area site lighting of high intensity whose light source is visible form off-site shall be prohibited. Specialized or decorative parking, site and pedestrian lighting with a visible light source is permitted with the approval of the Planning and Zoning Office.
      (5)   All lighting structures within a property or planned development shall be of uniform design and materials. Parking lot and street lights shall also be of uniform height.
      (6)   Lighting poles and structures shall be located within landscaped areas where possible.
      (7)   All exterior lighting shall be shielded so as not to cast direct light on street right-of-ways or adjacent properties.
      (8)   Ceiling lights in gas pump island canopies shall be recessed.
(1979 Code, § 151.190) (Ord. 4370, passed 7-20-1998)
§ 151.231 OFF-STREET PARKING AND LOADING.
   (A)   Intent. To maintain the public health, safety and welfare, it is necessary to establish standards regulating off street parking and loading, pedestrian movement, screening, landscaping and lighting for the enhancement of the community. The regulations of this section are designed to alleviate congestion of the public streets by establishing minimum requirements for the off-street parking and loading/unloading of motor vehicles in accordance with uses permitted under this chapter.
   (B)   General provisions.
      (1)   Scope of regulations. Off-street parking and loading provisions of this section shall apply as follows:
         (a)   For all buildings and structures erected and all uses of land established after the effective date of this chapter, accessory parking and loading facilities shall be provided as required by the regulations herein.
         (b)   Whenever the existing use of a building or structure is changed to a new use, parking or loading facilities shall be provided as required for such new use.
         (c)   Accessory off-street parking facilities required herein shall not be used for the storage, display, sale, repair, dismantling or wrecking of any vehicles, equipment or material. Parking of commercial vehicles as defined in this ordinance is prohibited in residential zones.
         (d)   Accessory off-street parking and loading spaces shall be provided on the same zoning lot as the use served except as otherwise provided in this chapter. Adequate area shall be provided to permit any maneuvering necessary to reach off-street parking and loading areas.
         (e)   Within the Central Business District (CBD), regulations pertaining to off-street parking shall not apply to commercial buildings in existence at the time of adoption of this chapter. No off-street parking is required for nonresidential uses in the CBD unless such uses exceed 3,000 square feet of gross floor area, in which case off-street parking must be provided for the floor area in excess of 3,000 square feet. Up to 25% of the number of public parking spaces within 400 feet of a proposed building in the CBD may be counted toward the required number of spaces. These regulations are intended to provide flexibility in site development while ensuring adequate parking for the Main Street and Jackson Boulevard corridors as a whole (as amended per Ordinance No. 4542 dated December 4, 2000; as amended per Ordinance No. 4985 on September 22, 2006).
      (2)   Plan review.
         (a)   Any off-street parking lots, parking structures or loading areas required under this chapter shall be required to submit a plan to the Planning and Zoning Office for review and approval of applicable regulations. The plan shall show the following:
            1.   Total number of parking spaces provided, existing and proposed; and total required by ordinance;
            2.   Parking aisles;
            3.   Vehicle circulation;
            4.   Entrances and exits;
            5.   Sidewalks and pedestrian circulation;
            6.   Signage;
            7.   Lighting;
            8.   Storm water retention areas;
            9.   Landscaping islands; and
            10.   Landscape and buffer areas.
         (b)   All elements shall be dimensioned on the plan and distances from property lines and structures shall be noted.
   (C)   Regulations and requirements.
      (1)   All open off-street parking areas for 4 or more vehicles shall be screened by a solid fence, wall, densely planted evergreen screen, earthen berm, or a combination thereof to the following height:
         (a)   A minimum of 4 feet if abutting or directly across an alley from either a residential district or a residential use if the development containing the parking area requires a development plan; or
         (b)   Two and one-half feet if across the street from either a residential district or a residential use if the development containing the parking area requires a development plan.
      (2)   Number of off-street parking spaces.
         (a)   Except as otherwise noted in this section, the number of off-street parking spaces for each new principal use shall be provided in accordance with division (D).
         (b)   The parking lot requirements for a use not specifically listed in the chart shall be the same as for a listed use of similar characteristics of parking demand generation as determined by the Planning and Zoning Office.
         (c)   For the purpose of determining off-street parking requirements, gross floor area shall be calculated as the sum of the gross horizontal area of the several floors of a building or buildings, including if habitable the horizontal areas of the basement. Basement space used solely for storage or utility shall be exempt.
         (d)   When computing the number of parking spaces, any number fraction or portion thereof, shall be rounded up to the next highest number.
         (e)   A maximum of 130% of the required number of parking spaces per division (D), may be provided (rounded down to the nearest whole number). Each 10% increase in the number of parking spaces shall require an additional one percent in the interior parking lot landscaping provisions provided in this section of the Zoning Ordinance. Provision of more than 130% of the requirement will require a variance from the Board of Zoning Appeals.
         (f)   In determining the number of parking spaces required for a business, industry or institution or any other concern which encompasses a number of different, yet related activities, the planning staff may determine the total number of parking spaces required by adding the amount of spaces required for each specific activity as listed in division (D).
         (g)   In off-street parking areas with greater than 25 automobile parking spaces, bicycle parking spaces may be substituted for automobile parking spaces at the rate of 10 bicycle spaces per 1 off-street parking space, up to 4% of the total number of required automobile parking spaces with a maximum of 10 automobile spaces replaced with bicycle parking.
      (3)   Location of parking facilities.
         (a)   The off-street parking areas required for residential buildings or uses shall be located on the same lot with the building or use served. The parking requirements for 1- and 2-family residential uses shall be accommodated in paved (concrete, asphalt, concrete and brick pavers and other approved materials) driveways which may be located in the front, side or rear yard but may not occupy more than 50% of any yard. Off-street parking areas located in the R-1, R-2, R-3 and R-5 residential zoning districts shall not be located in the front yard. This requirement shall not include paved driveways leading to an attached and/or detached garages or to rear yard parking areas.
         (b)   Two or more owners of buildings may join together in providing the required off-street parking spaces per division (D).
         (c)   Off-street parking areas may be located on any part of a lot, unless otherwise specified herein or within the zoning district development conditions. Parking spaces shall not be located in any required greenbelt or buffer yard area.
      (4)   Joint parking facilities.
         (a)   Joint use of up to 50% of required parking areas may be permitted for 2 or more uses located on the same or adjacent parcels provided that the developer or owner demonstrates to the satisfaction of the planning staff that the uses will not overlap in hours of operation or in demand for shared spaces. The owners of all parcels used for or making use of shared parking areas shall execute and a record a commitment stating that the uses will not overlap in hours of operation or in demand for shared spaces. The commitment shall be binding on future owners of the property(s) and shall be enforceable by the Board of Zoning Appeals.
         (b)   Shared parking areas shall be located not more than 300 feet from the uses they are intended to serve and shall be connected to that use by a defined pedestrian walkway.
         (c)   Any subsequent change in land uses among the shared parking users shall require adequate parking as defined in division (D).
      (5)   Reduction of spaces/land banking.
         (a)   For development in any zoning district, the planning and zoning staff may approve a total reduction of not more than 30% of the required off-street parking spaces where it has been demonstrated by study of the proposed use(s) and the customary operation of the use(s) that adequate parking would be provided.
         (b)   When such a reduction is approved, an area of sufficient size to include the number of parking spaces necessary to meet the minimum requirements stated herein shall be designated on the site plan and no structure or paved surface shall be permitted within such designated area. The area shall not be included in any required buffer yards. The areas shall be reserved to accommodate additional parking so as to meet the otherwise applicable minimum requirements. In the event additional parking is required, a site plan shall be submitted to the staff for approval. The additional parking shall be constructed within 4 months thereafter.
      (6)   Access. Driveway entrances and exits to parking lots shall be located as far away from street intersections as possible to prevent impeding the flow of traffic in the parking lot and prevent hazards in the street. Entrances shall be designed to allow vehicles entering the site to be stacked to prevent backup on the adjacent street. Parking lot entrances and exits shall be consolidated when possible to limit the number of access points to the site. In instances where parking areas are 100 feet or more wide, the parking lot entrance shall be a minimum of 50 feet from the nearest existing access drive.
      (7)   Parking lot design.
         (a)   All off-street parking areas, driveways, loading areas and maneuvering access thereto and outdoor display areas shall be surfaced with an a11-weather, dustless, impervious, hard-surface pavement, including drainage which shall meet city specifications as prescribed by the Board of Public Works. This surface shall be maintained in good condition and free of weeds, dirt, trash and debris.
         (b)   All parking areas and drives for commercial, manufacturing, institutional and residential uses shall be paved with concrete, asphalt or decorative concrete, brick or asphalt pavers.
         (c)   1.   In all “M” zoning districts, storage yards for construction equipment, raw materials, or partially or fully finished product, may be surfaced with gravel or slag when located in a rear yard.
            2.   The storage yard shall be properly graded and maintained to insure proper drainage and shall be kept free of weeds, trash and other debris.
         (d)   Required parking spaces for all uses shall be at least 162 square feet in size, exclusive of access drives or aisles and have a minimum width of 9 feet and a minimum length of 18 feet, except parallel parking spaces which shall have a minimum length of 22 feet.
         (e)   The number and dimensions (see Figure 26.D) of handicapped parking spaces are to be provided in conformance with the requirements of the Americans with Disabilities Act as follows:
Number of Parking Spaces in Lot
Required Minimum Number of Accessible Spacesl
Number of Parking Spaces in Lot
Required Minimum Number of Accessible Spacesl
1 to 25
1
26 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1,000
2% of Total Spaces
1,001 and Over
20 Plus 1 for Each 100 Over 1,000 Spaces
NOTE TO TABLE:
1 For every 8 accessible spaces, at least 1 must be a van accessible space.
 
         (f)   All parking lots for commercial, institutional, and multi-family residential (ten or more dwelling units) uses shall be separated from adjoining non-paved surfaces with a continuous Portland cement concrete straight faced or rolled curb at least six inches in height. All parking lots shall be designed to provide adequate storm water drainage, including onsite detention capabilities. Curbed traffic islands are to be located on both ends of each parking row to facilitate safe traffic circulation within the parking lot. All curbing shall conform to city standards, unless approved otherwise by the Planning and Zoning Office.
         (g)   Required off-street parking spaces shall be so designed, arranged and regulated as to have individual spaces marked, be unobstructed and have access to an aisle or driveway so that any vehicle may be moved without moving another and so that no maneuvering directly incidental to entering or leaving a parking space shall be on any public right-of-way or in a required setback.
         (h)   1.   All parking areas shall be provided with circulation aisles of adequate dimension to assure efficient internal circulation. The minimum aisle dimension requirements indicated in Figure 26.E shall be provided for parking lots using various parking angles.
            2.    Parking lots with 300 or more spaces shall include perimeter drives and a central access drive leading to the main building.
Figure 26.E Parking Area Aisle Widths
         (i)   A shelter of not more than 50 square feet in size for use by a parking lot attendant may be maintained on a parking lot containing at least 25 spaces.
         (j)   All signage within parking areas shall conform to the standards within the sign regulation section of this chapter.
         (k)   Lighting.
            1.   A parking lot lighting plan - including pole heights, pole location, light spread, and intensity - shall be submitted as a part of the parking lot landscape plan.
            2.   All parking lot lighting within a development shall be of uniform design, color, and materials.
            3.   Lighting levels within parking areas shall be consistent with the recommendations found in the IES Lighting Handbook, latest edition, by the Illuminating Engineering Society of North America.
            4.   In all projects, lighting shall not cause illumination in excess of five-tenths foot candles of light beyond the project property line, except illumination which spills into a residential zoned or used property, which shall not exceed three-tenths foot candles.
            5.   a.   Unless otherwise approved, all project light standards shall be of uniform height, not to exceed 30 feet in height, except when lights abut or fall within 75 feet of a residential use property, where the maximum height shall not exceed 20 feet.
               b.   For parking lots in excess of 300 spaces, light standards may be a maximum of 50 feet in height provided they are located at least 200 feet from any residential use property.
            6.   To minimize visual clutter, parking lot lighting should be incorporated into planting areas where possible.
         (l)   Parking lot landscaping.
            1.   Parking lot landscape requirements shall be applicable to all parking areas in all districts, and a parking lot landscape plan shall be provided.
            2.   A landscape strip shall be provided around the perimeter of the parking lot, as defined below:
               a.   When the parking lot abuts a building(s) the strip shall be:
                  i.    Four feet wide - parking lot with one to 40 spaces or a single parallel driving aisle, or any other configuration of equal or greater square footage.
                  ii.    Six feet wide - parking lot with 41 or more spaces, or any other configuration of equal or greater square footage.
                  iii.    For single use buildings with front facades less than 100 feet in length a minimum 150 square feet of landscape area may be installed at the building entrance (total square footage for both sides of entrance) in place of the required planting strip along the front facade.
                  iv.    For buildings with an arcade across the front facade or an access aisle immediately adjacent and parallel to the front facade, the required landscaping may be consolidated at focal points along the front facade and/or incorporated into other required parking lot landscape areas (perimeter or interior).
                  v.    A landscape strip abutting a building shall have at least 50% of its length occupied by shrubs.
               b.   When the parking lot abuts a right-of-way, the strip will be:
                  i.    In the CBD District - Six feet or the building setback, whichever is greater.
                  ii.    In all other zoning districts:
1-75 spaces:         10 feet
76-150 spaces:         20 feet
151+spaces:         30 feet
               c.   When the parking lot abuts vacant land or an existing parking area with no landscape strip, the strip will have a minimum width as follows:
1-75 spaces:         6 feet
76-150 spaces:         8 feet
151+spaces:         12 feet
               d.   When the parking lot abuts an existing parking lot which provides for a perimeter landscape strip, the width of the strip will be equal to the additional width needed to create a strip with an overall minimum width as prescribed in division c. above. However, a landscape strip of at least four feet wide must extend from the property line inward.
               e.   When a parking lot abuts a residentially zoned or used property, a landscape area shall be provided as prescribed in the individual zoning district and shall have a screen as prescribed in division (C)(1) of this section.
               f.   When a new development is constructed either adjacent to or in between existing developments, the type and placement of street trees in the right-of-way along the new development shall be consistent with the type and placement of street trees along the existing development right-of-way (see Figure 26. F).
Figure 26.F Parking Lot Perimeter Landscaping
Figure 26.G Parking Lot Perimeter Landscaping
               g.    All landscape strips shall be planted with shrubbery, trees, and groundcover. There shall be one tree for every 40 feet of landscape strip.
               h.   Piped utilities, such as water, sewer, and gas, may cross through, run parallel and adjoining to, or within the outer two feet of a landscapestrip.
               i.   Cable utilities, such as electricity, cable television, and telephones located within a landscape strip must be placed a minimum of 24 inches below grade.
            iii.   Landscaping of interior parking areas.
               a.    Parking areas totaling 76 or more spaces shall provide a minimum of 10% interior landscaping. Parking areas totaling 75 or less spaces shall provide a minimum of 5% interior landscaping, which may be transferred to the perimeter of the lot(s) if interior landscaping is not possible. Plant material within parking lots shall provide for safe visibility and maintain clear site lines between three and eight feet from the top of the curb.
               b.    Interior landscaping shall occur in any combination of planting islands, planting peninsulas, and entrance ways (see Figure 26.H).
               c.   Unless otherwise approved all parking lot interior landscape areas shall have a minimum width of 6 feet.
Figure 26.H Parking Lot Interior Landscaping
               d.   Unless otherwise approved, plantings within islands and peninsulas shall consist of at least one tree and mulch or groundcover for each 162 square feet, or portion thereof, of required landscape area. Shrubs may also be used as long as they do not exceed three feet in height.
            iv.   In cases in which trees exist on the property where the parking lot is proposed, the existing trees shall be maintained where they do not impede construction on the site and shall count toward the interior landscape requirement. Accepted best management practices for tree preservation shall be used. The location of existing trees to be saved shall be included in the landscape plan submitted to the Planning and Zoning Staff prior to site clearance.
            v.   Parking lots for 300 or more spaces requiring a central access drive shall have a minimum six foot wide landscape area on both sides and running the length of the drive. A minimum of one shade tree for every 50 lineal feet of landscape area shall be provided. This landscape area may count toward 50% of the interior landscape requirement for the adjoining parking area of the development.
         (m)   Planting standards. Planting areas can be landscaped with a variety of trees, shrubs, or other planting materials. The variety of planting materials used should be tolerant of the existing urban conditions including exhaust, salt, and poor and/or compacted soils.
            i.   Deciduous canopy trees shall be a minimum of two and one-half caliper inches d.b.h.; ornamental trees shall be a minimum two caliper inches; coniferous trees shall be a minimum of six feet in height; evergreen and deciduous shrubbery shall be a minimum of 18 inches in height, except where required as a screen.
            ii.   All deciduous and coniferous trees and shrubs shall be prepared and planted in accordance with industry standards.
            iii.   Planting islands and peninsulas shall encompass an area of not less than 162 square feet for single parking rows and 324 square feet for double parking rows.
         (n)   Visibility requirements.
            i.   All landscape plantings, shrubs, trees, walls, fences, temporary and permanent, shall permit completely unobstructed vision within a clearsight triangle in accordance with § 151.229(B) intersection visibility area.
            ii.   Landscaping installed in parking areas shall be spaced and maintained so that a visual obstruction that represents a traffic hazard is not created.
         (o)   Pedestrian access.
            i.   For business and office use developments with parking lots abutting a public right-of-way there shall be a designated route(s) for pedestrians between the public sidewalk and the main entrance of the building or to the sidewalk fronting the building in the case of a multi-entrance building as per the following:
               a.   For properties with 100 feet or less of frontage abutting a public right-of-way there shall be a minimum of one designated route.
               b.   For properties with more than 100 feet of frontage abutting a public right-of-way a minimum of one designated route per vehicular access or 300 feet of frontage, whichever is greater.
               c.   For properties with frontage abutting two or more public streets, the minimum required designated routes shall be provided along each street.
            ii.   When a public sidewalk does not exist, the following shall apply:
               a.   For new construction on vacant land, both a public sidewalk as per city standards and the required designated pedestrian connections shall be installed. The sidewalk must be constructed with a minimum five foot landscaped green space (tree lawn) between the curb and the outside edge of the sidewalk. Street trees must be planted at intervals of not less than 40 feet apart (as amended by Ordinance 5044 on July 11,2007).
               b.   For reconstruction on an existing development, a public sidewalk shall be installed if at least 40% of the properties on both sides of the street in the same block have public sidewalks, as well as the required designated pedestrian routes.
            iii.   Walkways shall be designed to be recognizable to both drivers and pedestrians. Any combination of at least two of the following walkway treatments shall be used:
               a.    Constructing the walk/ crosswalk from different materials, such as concrete or brick or other material approved or recognized under The Americans with Disabilities Act (ADA) requirements.
               b.    Placing bollards at sufficient regular intervals to delineate the walk/ crosswalk.
               c.    Aligning planting islands to define the walk/crosswalk.
               d.    Raising the walk/ crosswalk.
               e.    Painting pavement with walk/crosswalk striping.
         (p)   Drive-thru facilities.
            i.   Drive-thru lanes shall be of sufficient width so as to allow for the passage of two cars side-by-side in two marked driving lanes. In no case shall the required width be less than 16 feet. This requirement shall apply to the entire length of the queuing line of the drive-thru business. This requirement also applies to the area of the parking lot necessary for the overflow of waiting cars in the extended queuing line for drive-thru businesses. (As amended per Ordinance No. 4683 July 10, 2002.)
            ii.   Uses which offer drive-thru operations shall have a minimum first floor area of 800 square feet.
            iii.   Internal circulation and access to and egress from the site shall not substantially impair the movement of other modes of transportation, such as bicycles and pedestrians, to and through the site.
            iv.   Each facility shall provide sufficient queue area of a minimum of 20 feet per vehicle in advance of the service window to accommodate a minimum of three vehicles per establishment. The queue area may not interfere with other on-site circulation and parking facilities.
            v.   Pedestrian walkways must have clear visibility and be emphasized by enhanced paving or markings when they intersect the drive-thru aisles.
            vi.   The drive-thru use shall be screened from adjacent rights-of-way and properties through placement of the drive-thru, screening, landscaping or other site design techniques.
            vii.   Any curb cuts serving the use are not located within 200 feet of any intersection of the rights-of-way of the major streets or major arterials.
            viii.   The location, size, design and operating characteristics of the proposed facility are such that the drive-thru operation will be reasonably compatible with and have minimal negative impact on the use of nearby properties.
   (D)   Schedule of off-street parking space requirements. Accessory off-street parking spaces shall be provided as required for the following uses:
Type of Use
Space Requirements
Type of Use
Space Requirements
Residential Uses
Single- two-, multi-family and townhouse dwelling
2 spaces per dwelling unit
Boarding and lodging houses, fraternities and sororities
1 space per bed
Home occupation
1 space per 200 square feet devoted to the home occupation (in addition to the dwelling unit requirement)
Within the R-5 District
1 space per dwelling unit
Commercial Uses
Automobile, mobile home, truck, recreational vehicle, boat and farm implement sales
1 space per 300 square feet of showroom floor area plus 1 space per 2,000 square feet of outdoor sales area
Auto service station and repair
1 space per pump plus 2 spaces per service bay
Car wash (self service or automatic)
1 space per employee on the largest shift
Convenience retail
6 spaces per 1,000 square feet
Greenhouse
1 space per 1,000 square feet
Hotel, motel and bed-and-breakfast
1 space per room plus 1 space per employee on the largest shift
Video Rental Store
1 space per employee on the largest shift plus 1 space per every 350 square feet
Movie theater
1 space per 2 seats
Office (Professional, Government and Business)
1 space per 300 square feet
Plant nursery
1 space per 300 square feet of sales area plus 1 space per acre
Rental agency
1 space per 300 square feet plus 1 space per 1,000 square feet outdoor display area
Restaurants and fast food establishment
1 space per 2.5 seats plus 1 space per employee on the largest shift
Retail sales and services establishment, under 150,000 SF
1 space per 300 square feet
Retail sales and services establishment, 150,000 SF or greater
1 space per 400 square feet
Roadside sales
5 spaces per stand
Tavern and night club
1 space per 100 square feet
Wholesale sales
1 space per 600 square feet plus 1 space per employee on the largest shift
Schools, Churches, Health Care Facilities and Other Institutions
Assisted Living Facility
1 space per two dwellings plus 1 space per employee on the largest shift.
Religious Institutions
1 space per 4 seats in the main place of assembly plus other uses
College; university; business, trade or commercial; and high school
10 spaces per classroom
Day care and kindergarten
1 space per employee plus 1 space per 6 students
Elementary and middle schools
1 space per 2 employees plus 2 spaces per classroom
Hospital
1 space per 2 beds plus 1 space per employee on the largest shift
Medical office building
1 space per 250 square feet
Nursing or convalescent facility
1 space per 3 beds plus 1 space per employee on the largest shift
Penal or correctional institution
1 space per employee on the largest shift plus 1 space per 5 cells
Research, medical or optical laboratory
1 space per 300 square feet
Cultural and Entertainment Facilities
 
Bowling alley
5 spaces per lane
Carnival, circus and fair
50 spaces per acre
Golf course
6 spaces per hole
Meeting or party hall, banquet facility, country club or dance hall
1 space per 200 square feet of indoor space; plus 1 space per 5,000 square feet of outdoor space; plus 1 space per 50 square fee of dining or activity space
Private club or lodge
1 space per 200 square feet plus 1 space per 2 seats in main place of assembly
Race track
1 space per 4 seats or six feet of benches
Riding stable (public)
1 space per stall
Stadium or coliseum
1 space per 3 seats or six feet of benches
Tennis or racquetball facility
2 spaces per court plus 1 space per employee on the largest shift
Manufacturing, Warehouse and Miscellaneous
Cemetery
1 space per employee on the largest shift
Airport
1 space per employee on the largest shift plus 1 space for every 1,000 square feet of hangar space or outdoor aircraft storage space
Manufacturing establishment
1 space per employee on the largest shift, plus 1 space per 300 square feet of public office area
Mineral extraction, borrow pit, top soil removal and storage
1 space per employee on the largest shift
Mortuary or crematory
1 space per 50 square feet of public area
Motor bus or railroad passenger station
1 space per 4 seats of waiting area seat
Post office
1 space per official vehicle plus 1 space per employee on the largest shift plus 1 space per 200 square feet
Sanitary landfill or refuse dump; sewage, trash, garbage disposal or recycling plant
1 space per employee on the largest shift plus 1 space per 4 acres
Self-service storage
1 space per 2,000 square feet
Truck terminal
1 space per 1,000 square feet
Warehouse and storage facility
1 space per employee on the largest shift, plus 1 space per 300 square feet of public office space
Water treatment or storage facility
1 space per employee on the largest shift
 
   (E)   Off-street loading requirements.
      (1)   Every building which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, shall be required to have off-street loading zones in accordance with requirements of this chapter.
      (2)   All required off-street loading facilities which serve a building, structure or use of land erected, established, altered, enlarged or intensified after the effective date of this chapter shall be located on the same lot as the building, structure or use of land to be served.
      (3)    All required off-street loading facilities shall be located within the side or rear yard of the lot on which the principle structure or use is located. In the M-1 Limited Manufacturing District and the M-2 General Manufacturing District, loading facilities may be located in front of the principal building but not in the required front yard. Off-street loading facilities shall be located in a manner to prevent vehicle maneuvering in or blockage of rights-of-way.
      (4)   Areas designated as off-street loading facilities may not be used to satisfy the parking requirements established in division (D).
      (5)   Off-Street loading space requirement: Each loading berth shall have a minimum dimension of not less than 12 feet in width; 65 feet in length; and 14 feet vertical clearance, exclusive of access drives, aisles and maneuvering space.
      (6)   Off-street loading areas shall not be closer than 50 feet to any property in a residential district unless completely enclosed by building walls, a compact evergreen screen, a uniformly painted fence or any combination thereof not less than 6 feet in height.
   (F)   Images. Pursuant to Ord. 4762, passed 8-1-2003 the following figures are hereby incorporated by reference as if fully set out herein:
      (1)   Figure 26H;
      (2)   Figure 26I;
      (3)   Figure 26J; and
      (4)   Figure 26K.
(1979 Code, § 151.191) (Ord. 4370, passed 7-20-1998; Am. Ord. 4462, passed 1-13-2000; Am. Ord. 4542, passed 12-4-2000; Am. Ord. 4683, passed 7-1-2002; Am. Ord. 4762, passed 8-1-2003; Am. Ord. 4960, passed 4-3-2006; Am. Ord. 4985, passed 9-11-2006; Am. Ord. 4994, passed 10-16-2006; Am. Ord. 5044, passed 7-9-2007; Am. Ord. 5618, passed 9-11-2017) Penalty, see § 151.999
§ 151.232 ADULT ENTERTAINMENT FACILITIES.
   (A)   Intent. The requirements set forth in this section are intended to qualify and supplement the district regulations in order to manage the development, operation and maintenance of adult entertainment facilities in the interest of public health, safety and welfare.
   (B)   Adult entertainment facility development standards. The following provisions shall apply to all adult entertainment facilities:
      (1)   No adult entertainment use shall be located within a 1,000-foot radius of any other such use.
      (2)   Adult entertainment uses shall not be located within 1,000 feet of schools whether public or private, religious institutions, parks, playing fields or other areas in which large numbers of minors regularly travel or congregate.
      (3)   These provisions may be waived by the City Council if it is found that:
         (a)   The proposed use would not be contrary to the public interest or injurious to nearby properties, and the spirit and the intent of this section will be observed; and
         (b)   All other applicable regulations of the zoning code of the city will be observed.
      (4)   Signage for adult entertainment facilities shall be regulated as provided in § 151.234.
(1979 Code, § 151.192) (Ord. 4370, passed 7-20-1998; Am. Ord. 4431, passed 7-12-1999) Penalty, see § 151.999
§ 151.233 BED AND BREAKFAST HOMES.
   (A)   Intent. The provisions set forth in this section of the zoning ordinance are intended to qualify and supplement the district regulations in the interest of public health, safety and welfare in order to assure that bed and breakfast homes are developed, maintained and operated in a manner consistent with the neighborhood in which they exist.
   (B)   Development standards. The following provisions shall apply to all bed and breakfast homes:
      (1)   Food shall be offered only to overnight guests.
      (2)   The Board of Zoning Appeals may attach other conditions to the operation of the bed and breakfast home including, but not limited to: parking, signs, number of rooms, patrons and time of operation.
      (3)   No special exception shall be granted until the Board of Zoning Appeals, in their deliberations, determines that the bed and breakfast home will not change the residential character of the neighborhood.
      (4)   All uses and operations shall be conducted within completely enclosed buildings. All on-site vehicular circulation and traffic patterns shall be approved by the planning and zoning staff.
      (5)   No show windows or other exterior display, except for 1 sign which shall be a non-illuminated identification sign attached to the residence not exceeding 6 square feet.
      (6)   Bed and breakfast homes shall provide 1 parking space per guest room, plus 1 parking space per staff member. All parking shall be located in rear yards and shall be screened from adjoining land uses.
      (7)   Accessory buildings and structures such as barns, sheds and the like may not be used for guest rooms in a bed and breakfast home.
      (8)   A landscaping plan shall be submitted for approval by the planning and zoning staff.
      (9)   All bed and breakfast homes located in an R-1, R-2, R-3, or R-5 Residential District must be owner occupied, and shall have a maximum of 5 guest rooms.
(1979 Code, § 151.193) (Ord. 4370, passed 7-20-1998; Am. Ord. 4683, passed 7-1-2002) Penalty, see § 151.999
§ 151.234 SIGN REGULATIONS.
   (A)   Purpose.
      (1)   The use of signs to identify uses, advertise business and provide general orientation in the city is a recognized need and right of property owners within appropriately zoned districts.
      (2)   It is the purpose of this section to provide a balanced system of signage to facilitate communication between people and their environment and to avoid visual clutter that is potentially harmful to traffic safety, property values, community appearance and the economic vitality of the city.
   (B)   Prohibited signs. The following signs are prohibited in all districts:
      (1)   Flashing signs;
      (2)    Strings of pennants, propellers, pinwheels, streamers, and similar small objects except as temporary signs;
      (3)   Signs imitating or resembling official traffic or government signs or signals;
      (4)   Signs attached to trees, rocks or natural formations or public property including but not limited to utility poles, benches, trash containers and parking meters, except as specifically authorized by the city;
      (5)   All signs not specifically identified within this chapter;
      (6)    Roof-mounted signs;
      (7)   Animated message boards, except when located in the Central Business District at a motion picture theater or performing arts center with a minimum seating capacity of 200 seats, or when located on the city's freestanding sign on Civic Plaza;
      (8)   Signs that contain moving parts, including signs that spin or rotate; and
      (9)   All signage located in the public right-of-way except public information, directional, emergency, and traffic signs as approved by the City Engineer or his or her duly authorized agent.
   (C)   Illumination of signs.
      (1)   Sign illumination shall be designed and placed to not cause glare which may result in traffic hazards or which may interfere with the customary use of nearby residences in accordance with § 151.230 of this chapter.
      (2)   In residential districts, only nameplates and bulletin boards may be illuminated. In non-residential districts, all signs may be illuminated provided they meet the other provisions established in this chapter.
      (3)   The following restrictions shall apply to signs located in, adjacent to or across a street or alley from a residential zoning district: no commercial or industrial sign shall be illuminated between the hours of 11:00 p.m. and 7:00 a.m. except for:
         (a)   Those businesses open to the public during that time, in which case, illumination shall cease upon closing;
         (b)   Apartment complex, subdivision and mobile home park signs;
         (c)   Signs for hospitals and emergency health care facilities; and
         (d)   Off-premise signs may be illuminated except between the hours of 12:00 a.m. and 6:00 a.m.
   (D)   General location standards.
      (1)   All on-premise signs, except wall, marquee and awning signs, shall be located no closer than 5 feet from any right-of-way.
      (2)   Signs shall be erected so as not to obstruct sight lines along any right-of-way or so as
to obstruct sight lines to traffic control lights, street name signs at intersections or signals at railroad grade crossings.
      (3)   The lowest element of any sign which occupies the vertical space above a pedestrian or vehicular way and is designed to permit traffic thereunder shall be at least 10 feet above the finished grade of a sidewalk and at least 16 feet above the finished grade of a pavement used for vehicular traffic, unless otherwise specified.
Table 1 Maximum Sign Area in Square Feet (SF)
Residential Districts
O-Office, BP-Business Park, and OP-Office Park Districts
All Single-Family and Two-Family Uses
All Other Uses Specifically Permitted in Residential Districts
Residential Districts
O-Office, BP-Business Park, and OP-Office Park Districts
All Single-Family and Two-Family Uses
All Other Uses Specifically Permitted in Residential Districts
Freestanding signs
1 SF name and address only
10 SF for office uses; 32 SF for places of worship and educational institutions; 2 sign structure; 2 sign faces; all other uses, 4 SF; 1 sign structure; 2 sign faces; For schools and places of worship: an integrated message board may be mounted on the same supporting structure as the principal freestanding sign. When using such message board, the sign face may be increased to a maximum of 48 square feet in size.
50 SF or 1 times the lot frontage, whichever is smaller; 1 sign structure; 2 sign faces. An integrated message board may be mounted on the same supporting structure as the principal freestanding sign. Such a message board shall be limited in size to 50% of the sign area of the principal sign and shall not count against the maximum permitted sign size identified within this table or elsewhere within this Zoning Ordinance.
One 32 SF freestanding sign shall be permitted at each entry to a subdivision, apartment complex, office park, business park or multi-tenant building to identify the development; 1 sign structure, 2 sign faces or 2 sign structures, 1 sign face
Wall signs
2 SF; 1 wall sign; name and address only
10% of the signable area or 20 SF whichever is smaller
20% of the signable area or 50 SF, whichever is smaller
See division (D)(6)(b) for “signable area.”
See division (D)(6)(d) for “wall sign increase.”
Projecting signs
Not permitted
Not permitted
6 SF in O-Office District; all other districts, not permitted
Temporary signs (as described in division (F)(5))
5 SF per sign; 2 sign faces
5 SF
32 SF for construction signs; all others 25 SF
Directional signs
Not permitted
1 SF not to exceed 2 signs per driveway
2 SF not to exceed 2 signs per driveway
B-1 Business District
B-2, B-3, and B-4 Business Districts
CBD-Central Business District
M-1 and M-2 Manufacturing Districts
B-1 Business District
B-2, B-3, and B-4 Business Districts
CBD-Central Business District
M-1 and M-2 Manufacturing Districts
Freestanding signs
50 SF or 1 times the lot frontage, whichever is smaller
50 SF or 1 times the lot frontage, whichever is smaller
40 SF or 1 times the lot frontage, whichever is smaller
60 SF or 1 times the lot frontage, whichever is smaller
An integrated message board may be mounted on the same supporting structure as the principal freestanding sign. Such a message board shall be limited in size to 50% of the sign area of the principal sign and shall not count against the maximum permitted sign size identified within this table or elsewhere within this Zoning Ordinance.
Wall Signs
30% of the signable area to a maximum of 50 SF per facade for single tenant buildings; 30% of the signable area to a maximum of 25 SF per store front for multiple tenant buildings
40% of the Signable Area to a maximum of 75 SF per facade for single tenant buildings; 40% of the signable area to a maximum of 32 SF per store front for multiple tenant buildings
50% of the signable area to a maximum of 50 SF per facade for single tenant buildings; 50% of the signable area to a maximum of 32 SF per store front for multiple tenant buildings
50% of the signable area to a maximum of 75 SF per facade
See division (D)(6)(b) for “Signable Area.”; See division (D)(6)(d) for “Wall Sign Increase.”
Projecting Signs
6 SF; 2 sign faces
9 SF; 2 sign faces
9 SF; 2 sign faces
Not permitted
Temporary Sign (as described in division (F)(5))
32 SF for construction signs: all others 25 SF
32 SF for construction signs; all others 25 SF
32 SF for construction signs; all others 25 SF
32 SF
Directional Signs
4 SF Not to exceed 2 signs per driveway
4 SF not to exceed 2 signs per driveway
4 SF not to exceed 2 signs per driveway
4 SF not to exceed 2 signs per driveway
 
      (4)   (a)   One free-standing sign is permitted per zoning lot frontage excluding temporary and portable display signs.
         (b)   A free-standing sign located in a front yard shall be set within a landscaped island or area a minimum of 100 square feet in area.
         (c)   Free-standing sign increases.
            1.   The permitted size of a free-standing sign face may be increased at the rate of 2 square feet for every one foot the sign is located in excess of the required five feet minimum distance from the right-of-way. The sign may be increased to a maximum size of 150% of the permitted sign area identified in Table 1.
            2.   The permitted height of a free-standing sign may be increased at the rate of 1 foot for every 2 feet the sign is located in excess of the required 5 feet minimum distance from the right-of-way. The sign may be increased in height to a maximum of 20 feet. Freestanding signage shall not be permitted within the perimeter of the parking area. For the purpose of this requirement, perimeter shall be considered the area of a parking lot between the building and the outer curb, including all interior parking lot landscape areas such as peninsulas and islands.
         (d)   Free-standing signs shall be centered on the property, or if not possible, at least 20 feet from any adjacent side property line (see Figure 26.I).
         (e)   Poles, supports, pedestals, and other means of supporting a free-standing sign shall not be included in the determination of sign area.
      (5)   A projecting sign shall not extend above the wall to which it is attached and shall not extend horizontally more than 5 feet from the wall surface, shall not extend closer than 2 feet to a curb, and shall be located no less than 4 feet from an interior side lot line or party wall. In no case shall a projecting sign be attached to a building so that the sign is suspended more than 35 feet above the ground (see Figure 26.J).
      (6)   (a)   A wall sign shall not extend above the wall to which it is attached, and such signs shall be set back from the ends of the building or party wall lines a minimum distance of 1 foot.
         (b)   Signable area.
            1.   For walls or buildings with architectural detailing (windows, doors, cornices, moldings columns and the like), the signable area shall be the 2-dimensional area that describes the square, rectangle or parallelogram on the facade of a building free of architectural details where a wall sign would be placed. (See Figure 26.K).
            2.   The signable area for a building facade, with or without architectural detailing, shall not exceed 25% of the total square footage of the facade.
         (c)   Wall sign area. The total square footage of wall sign(s) on a facade of a building shall be limited to the permitted sign area specified in Table 1.
         (d)   Wall sign increase.
            1.   The permitted size of a wall sign may be increased by an additional 20% of the wall sign square footage requirements as stipulated in § 151.234(D) Table 1, if a 6-foot high and 50 SF monument sign is installed in lieu of a pole sign.
            2.   This provision shall apply to all permitted free-standing signs regardless of the number of zoning lot frontages.
      (7)   The number of facades containing wall signage shall not exceed the number of zoning lot frontages for the property on which the building is located.
         (a)   Wall, marquee or awning signage may be placed on any facade of a building facing a public street or a customer parking lot provided a monument style sign, not to exceed 6 feet in height, is used as the only free-standing signage on the zoning lot.
      (8)   (a)   One free-standing sign shall be permitted per zoning lot frontage. In addition, wall, marquee or awning signage may be used as per the following:
            1.   Where the business name of individual tenants is not placed on the free-standing sign; wall, marquee or awning signage may be used in accordance with Table 1 herein.
            2.   Where individual tenants business names are located on the permitted free-standing sign; wall, marquee or awning signage shall be limited to 75% of the maximum permitted sign square footage for the storefront on which the signage is to be placed.
               a.   Anchor stores shall be exempt from the above restriction.
               b.   A maximum of four stores in an enclosed mall may qualify as anchor stores.
               c.   A maximum of 3 stores in an unenclosed shopping center may qualify as anchor stores.
            3.   All wall, marque and awning signage for multi-tenant buildings or developments shall be of a consistent size and character, except for anchor stores which shall be permitted proportionately larger signage.
         (b)   Wall, marquee or awning signage may be placed on any storefront fronting a public street or a customer parking lot.
      (9)   Informational signage, whether wall or free-standing, shall be limited to that necessary to direct the public to particular uses of a building or site with lettering no larger than 1 foot in height.
   (E)   Area and height of signs for all districts. Table 1 establishes the maximum sign area and Table 2 the maximum sign height for freestanding, wall, projecting, temporary and directional signs in all established zoning districts. All other signs permitted within the city are discussed in division (F).
Table 2 Maximum Sign Height1
 
All Residential Districts
All Single-Family and Two-Family Uses
All Other Uses Specifically Permitted in Residential Districts
O-Office, BP-Business Park, and OP-Office Park District
Free-standing sign
5 feet
5 feet
6 feet
Projecting Sign
Below eave line
Below eave line
Not permitted, except in O-Office District; within such districts, below eave line
Directional
Not permitted
3 feet
3 feet
 
B-1 Business District
B-2, B-3, and B-4 Business Districts
CBD-Central Business District
M-1 and M-2 Manufacturing Districts
Free-Standing Sign
6 feet
6 feet
6 feet
6 feet
The maximum height of a freestanding sign may be increased at the rate of 1.8 foot in height for each foot of additional setback. In no case shall the sign exceed a maximum height of 20 feet.
Projecting signs
35 feet maximum, but in no case higher than building wall
35 feet maximum, but in no case higher than building wall
35 feet maximum, but in no case higher than building wall
35 feet maximum, but in no case higher than building wall
Directional
3 feet
3 feet
3 feet
3 feet
lsign height measured from existing curb height.
 
   (F)   Supplemental sign regulations.
      (1)   Drive-thru signs. Two drive-thru menu or information signs shall be permitted at each building which has a drive-thru facility. Drive-thru signs shall not exceed 6 feet in height with a minimum setback of 20 feet from any property line. Drive-thru signs are not permitted in any front yard. Information signs shall be limited to the name of the drive-thru business and information regarding the drive-thru services provided by the business.
      (2)   Gas pump signs. A maximum of 2 square feet of signage shall be permitted on each of the 2 sides of each gas pump. This restriction does not apply to any sign required by law.
      (3)   Window signs. No more than 25% of any window panel shall be covered by a window sign.
      (4)   Off-premises signs.
         (a)   Off-premises signs shall only be permitted in the B-3 and M, Manufacturing Districts.
         (b)   Off-premises signs shall be permitted only as either free-standing or wall signs unless otherwise restricted by this chapter.
         (c)   Off-premises sign faces shall not exceed 300 square feet in area. The sign faces of off-premises signs shall be constructed back-to-back.
         (d)   Off-premises signs shall not exceed 30 feet in height.
         (e)   The minimum distance between off-premises signs shall be 1,000 feet measured linearly along the right(s)-of-way to which they are visible.
         (f)   Off-premises signs shall be located behind the required building setback line of the lots on which they are located. Off-premises signs shall be located a minimum distance of 25 feet measured in any direction from the point of intersection of the right-of-way lines of 2 intersecting streets.
         (g)   Off-premises signs shall be set back at least 60 feet from residential districts and parks, except when measured along a common right-of-way, in which case the setback shall be no less than 120 feet.
         (h)   Off-premises signs shall be illuminated only by means of continuous reflected light. Internally-illuminated or back-lit billboards are prohibited. Off-premises signs shall not include automatically changeable copy signs.
         (i)   Off-premises signs shall not be located within 1,000 feet of any local, state or federally-created historic district or structure.
         (j)   Off-premises signs shall not be located within 1,300 feet of the St. Joseph River, the Elkhart River and/or Christiana Creek as measured from the stream bed.
         (k)   Off-premise signs shall not be located in the front yard.
         (l)   The owners of all off-premises signs shall provide to the Planning and Zoning Office an annual inventory of all such signs by March 15 of each year. The inventory shall include the following information:
            1.   Location by address and legal description;
            2.   Height of sign;
            3.   Number of faces and orientation;
            4.   Size of sign(s); and
            5.   Setbacks from property lines.
         (m)   Cigarette and alcoholic beverage advertisements.
            1.   No person may place any sign, poster, placard, device, graphic display or other form of advertising that advertises cigarettes and/or alcoholic beverages in a publicly visible location. In this section, publicly visible location includes any off-premise freestanding or wall sign. This section shall not apply to:
               a.   The placement of signs, including advertisements, on commercial vehicles used for transporting cigarettes and/or alcoholic beverages;
               b.    Any off-premise sign located in an M-1 or M-2 District located more than 600 feet away from the boundary of any other zoning district which is not an M-1 or M-2 District, provided such sign faces away from any such other adjoining zoning district.
            2.   Division (F)(4)(m)1. will be applied to or interpreted to effect any contract executed after the effective date of this chapter and to any renewal term of a pre-existing contract beginning after the effective date of this chapter.
            3.   If any section, provision, clause, sentence or phrase of division (F)(4)(m) is for any reason held to be unenforceable or void, such holding shall not affect the reliability, enforceability or validity of the remaining provisions of division (F)(4)(m).
      (5)   Temporary signs. Temporary signs shall be permitted in addition to otherwise permitted signs and sign area in accordance with the following regulations. A zoning lot may utilize 2 of the following 3 types of temporary signs (inflatable display, yard sign, balloons) at a given time:
         (a)   Inflatable display, non-residential lot. (This item refers to a large, bag-like, flexible item filled with air or other gas to a point where it takes on a discernible shape. Display is usually rented, delivered to the site, filled with air or other gas and secured to the ground.)
            1.   Shall be permitted in “B” zoning districts or on lots containing a “B” use.
            2.   Display is limited to one item per zoning lot.
            3.   Display shall not encroach over right-of-way nor have motion caused by a varying supply of air or gas.
            4.   Inflatable display shall not be roof mounted.
            5.   A zoning lot may utilize a display for a total of 30 days per calendar year (Example: 5 uses at 6 days each.)
            6.   Fee shall be $15 per site per calendar year.
         (b)   Yard signs, non-residential lot.
            1.   Shall be permitted in “B” zoning districts or on lots containing a “B” use.
            2.   Shall be allowed in yard and/or landscaped areas. Shall not be allowed in right- of-way.
            3.   Size of yard sign is limited to 4 square feet. Height is limited to 3 feet.
            4.   A zoning lot may display 2 yard signs per street frontage.
            5.   A zoning lot may display 1 additional yard sign for each 250 feet of frontage.
            6.   A zoning lot may utilize yard signs for a total of 30 days per calendar year. (Example: 5 uses at 6 days each.)
            7.   Fee shall be $15 per site per calendar year.
         (c)   Balloons. (This item refers to small balloons secured to an item by string or stick-like device, as opposed to large inflatable display as described in division (F)(5)(a) above.
            1.   Shall be permitted as attachment device to product which is for sale and is normally displayed out-of-doors.
            2.   Use of balloons is limited to 120 days in a calendar year.
            3.   Fee shall be $15 per site per calendar year.
         (d)   Light pole banner. (This item refers to a piece of fabric secured to a light pole in interior parking lots; does not refer to light poles in the public right-of-way.)
            1.   Shall be permitted in “B” zoning districts or on lots containing a “B” use.
            2.   Banner shall be secured at top and bottom and shall be maintained in good repair.
            3.   Minimum clearance from ground shall be 12 feet.
            4.   Maximum of 1 banner per light pole.
            5.   Maximum square footage of banner shall be 25.
            6.   Fee shall be $15 per site per calendar year.
            7.   Length of display shall be unlimited as long as banner is maintained in good repair.
         (e)   Inverted B or Inverted T sign. (This refers to a small sign shaped as described by its name. Example of inverted V sign is an outdoor menu board at a restaurant. Example of inverted T sign is a sign often seen at a gas station or oil change facility.
            1.   Shall be subject to Board of Public Works jurisdiction when proposed to be located on a public sidewalk.
            2.   One sign shall be allowed per zoning lot.
            3.   Sign shall be taken indoors at close of business each day.
            4.   Shall be limited in size to 8 square feet.
            5.   Sign location shall not compromise pedestrian or vehicle traffic.
            6.   Fee shall be $15 per site per calendar year.
         (f)   Banners.
            1.   Banners shall not be permitted on residentially-zoned or used properties.
            2.   Banners shall be displayed so as not to be mounted in excess of 20 feet in height.
            3.   Banners shall not be constructed as free-standing signs. A banner may be placed within the signable area of a facade that faces a parking area or right-of-way.
            4.   Banners shall not be displayed for more than 30 days per calendar year. The use of banners shall be limited to 180 days per calendar year on a zoning lot in all business and manufacturing districts, and 30 days per calendar year for all institutional uses, as defined in division (F)(6)(a) of this section.
            5.   Banners shall be limited to 1 per zoning lot, with a maximum 40 square feet in sign face area and 7.5 feet in height.
            6.   Banners shall be maintained as installed and not allowed to droop, sag, flap or become torn and frayed.
            7.   All banners shall require a zoning clearance permit and a permit fee as shown in § 151.292.
         (g)   Temporary window signs. Temporary window signs shall cover no more than 25% of the window (glass) area where it is placed.
         (h)   Pennants. The display of strings of pennants, streamers, pinwheels, balloons and similar objects shall be prohibited except as permitted for carnivals and open-air festivals.
         (i)   Other temporary signs. Real estate, construction and signs for new businesses shall be permitted as temporary signs. Temporary signs for new businesses shall be limited to 90 days, by which time a permanent sign may be installed pursuant to permit requirements identified in this Zoning Ordinance. Temporary construction signs shall not display the name or any other markings identifying a home occupation that is being operated on the property where the construction is taking place. Temporary construction signs shall be limited to no more than 5 square feet in area in R-1, R-2 and R-3 residential zones, and to no more than 32 sq. ft. in area in all other zoning districts. Temporary construction signs shall be removed immediately upon completion of the construction, which completion shall be deemed to have occurred either upon the issuance of a certificate of occupancy for new construction, or upon completion of the last required inspection in cases of other than new construction. Temporary real estate signs shall not display the name or any other markings identifying a home occupation that is being operated on the property that is for sale or lease.
         (j)   Award or recognition signs. Municipal agency award or recognition signs shall be limited to a period of 60 days. Homeowner or business beautification or recognition signs placed by municipal agencies shall qualify for this requirement. The signs must be placed according to freestanding sign location requirements. Signs of this type may not exceed 20 square feet in area or 4 feet in height.
      (6)   Portable display signs.
         (a)    The use of portable display signs shall be limited to 180 days per calendar year on a zoning lot in all business and manufacturing districts, and 30 days per calendar year for all institutional uses, as defined below, on a zoning lot in any residential district. Institutional uses shall include: churches, schools, libraries, charitable organizations, non-profit organizations, private clubs and lodges and other similar uses approved by the Planning and Zoning Office.
         (b)   Portable display signs shall be prohibited in all residential zones except as specified in subdivision (a) above.
         (c)   Double-faced portable signs shall be limited to 1 per zoning lot, with a maximum 40 square feet in sign face area and 7.5 feet in height.
         (d)   Sign shall be set back a minimum of 5 feet from the street right-of-way lines and 5 feet from any adjacent property line, except if adjacent property is zoned “R”, in which case the setback shall be 15 feet.
         (e)   Sign shall not be located in the intersection visibility area as defined in this chapter.
         (f)   Permits.
            1.    All portable display signs shall require a portable sign permit fee ($15). Permit and fee are valid for any period or periods up to 90 days in a calendar year. Original permit must be amended for each additional sign placement to record days of use in order to be valid. All portable signs shall require a portable sign zoning clearance permit and a permit fee as shown in § 151.292.
            2.   Signs placed without a valid permit (original or amended) shall be red-tagged and required to pay a $15 penalty fee in addition to the original permit fee and any fine levied.
            3.   Any person or business who rents, leases and/or places portable sign(s) within the city (on property other than his or her own), shall post an annual bond of $1,000.
         (g)   Additional requirements.
            1.   Lighting shall be limited to 25 watt bulbs. Flashing lights are prohibited.
            2.   All electric connections to portable display signs shall comply with the city’s electrical ordinance (Ord. 3460, as amended) and the National Electrical Code (NFPA-70, Article 600) as adopted by the city’s electrical ordinance.
            3.   During times that street repairs interrupt the conduct of business, permits may be issued at locations approved by the Planning and Zoning Office for such time as construction hinders visibility and/or access to the business, as determined by the Planning and Zoning Office.
            4.   No portable sign may be converted to a permanent sign.
      (7)   Flags.
         (a)   Flags bearing the official design of a nation, state, municipality or organization are permitted within the city according to the following standards:
            1.   In residential districts, 1 flagpole shall be permitted per lot.
            2.   In all other districts, 3 flagpole shall be permitted per lot.
         (b)   Flagpoles shall not be located closer than 10 feet to an adjacent residential lot line.
         (c)   In residential districts, flagpoles may be no more than 25 feet in height.
      (8)   Marquee, canopy or awning signs.
         (a)   The signable area of a marquee, canopy or awning shall be limited to 50% of the area of the front or top plane, and 50% of the side plane of the marquee, canopy or awning. Signage shall be attached directly to the marquee, canopy or awning and shall not extend vertically or horizontally beyond.
         (b)   Such signs may be located no more than 20 feet above curb level and shall not extend above the window sill of the second story of a multi-story building.
         (c)   There shall be a minimum clearance of 8 feet between the bottom of the marquee, canopy or awning and the sidewalk or ground.
      (9)   Each property shall contain a sign identifying the address of the property. This sign shall not count against the permitted sign areas identified in Table 1, but in no case shall the address sign exceed 2 square feet in area.
      (10)   Termination of use.
         (a)   At the termination of use of any premises, building, structure or lot, the permission to display signs associated with such use shall terminate. All wall signs shall be removed within 365 days from the date of termination of such use. Freestanding signs whose height or size or setback no longer comply with regulations shall be removed in their entirety, including all support structures within 365 days from the date of termination of such use. Freestanding signs whose height, size and setback are in compliance with regulations shall have the sign faces removed within 365 days from the date of termination of such use.
         (b)   All signs associated with the premises must be kept clean, neatly painted, and free from all hazards, such as, but not limited to faulty wiring or loose fastenings, and must be maintained at all times in such safe condition so as not to be detrimental to the public health or safety.
   (G)   Maintenance.
      (1)   All signs shall be maintained in a good state of repair, including, but not limited to repair of defective parts, painting and cleaning. The replacement of the structural members of a non-conforming sign for the purpose of extending the life of such non-conforming sign, shall not constitute maintenance as defined in this section, but shall be considered as new construction and must thereby satisfy all requirements of this chapter.
      (2)   The owner of any property on which a sign is located and those responsible for maintenance of the sign shall be jointly responsible for the maintenance of the area in the vicinity of the sign and shall be required to keep this area mowed in accordance with city standards and maintained in a safe, clean and sanitary condition free of noxious or offensive substances and rubbish.
      (3)   The Planning and Zoning Office or authorized representative shall have the right of entry in order to inspect all signs for compliance with the provisions of this chapter.
      (4)   (a)   When any sign or adjacent area is not maintained within the provisions of this chapter, or determined otherwise unsafe, the Planning and Zoning Office or the authorized representative shall send written notice to both the owner of the property on which the sign is located and the sign owner.
         (b)   Notice shall direct the owners to remove, repair or alter the sign or to maintain the property in accordance with city standards.
         (c)   If the sign is not removed, replaced or altered or the property not properly maintained within 90 days, the city or authorized representative shall cause the sign to be removed, repaired or altered or the property to be maintained at the expense of the property and/or sign owner in accordance with the procedures of this chapter.
   (I)   Nonconforming signs. Any sign lawfully established prior to the effective date of this chapter that does not conform to the regulations herein shall be deemed a nonconforming use and may be continued except under the following conditions:
      (1)   If there is an increase or decrease in the size of the sign face.
      (2)   If the sign is removed from its original place of installation.
   (J)   Special exceptions/conditional uses.
      (1)   Signs accessory to special exceptions or conditional uses may be approved by the Board as a part of the special exception or conditional use.
      (2)   If not specifically approved as part of the special exception or conditional uses, signs accessory to the uses shall conform to the sign standards of the district in which they are located.
   (K)   Permits.
      (1)   A zoning clearance permit shall be obtained from the Planning and Zoning Office prior to the issuance of a zoning permit for the signs as permitted herein.
      (2)   A sign permit shall be obtained from the Building Department prior to the erection of any sign listed in division (D).
      (3)   A sign permit may, at the sole discretion of the Planning and Zoning Staff, be issued for a new sign face if the existing sign base, pole and frame are located in the primary street setback, provided that:
         (a)   The new sign face will not exceed the size of the existing sign frame; and
         (b)   The Planning and Zoning Office may, but shall not be required to, waive the requirement of petitioning and receiving a variance from the Board of Zoning Appeals for the placement of an on-premise sign within a primary street/major thoroughfare setback. Basis for any waiver shall include, but not be limited to the prevailing on-premise sign setback along the primary street/major thoroughfare within 500 feet of the property. Permittee shall sign and record a primary street/major thoroughfare agreement with the city.
      (4)   An electrical permit shall be obtained from the Building Department for the erection, installation, or replacement of any sign requiring electrical power for lighting, movement or copy change.
   (L)   Fees, penalties or appeals.
      (1)   Fees. The fees for permits to erect or place signs shall be prescribed in the Building and Electrical Codes of the city.
      (2)   Penalties. In addition to any other penalties prescribed herein, signs which are located without valid permit or in violation of this chapter, more than once within any 6-month period may result in revocation of the bond and/or permit and no additional permits may be issued for a period of 12 months to the person or subsequent transferee.
      (3)   Appeal. The decision of the Planning and Zoning Staff shall be final except upon appeal of its decision to the Board of Zoning Appeals pursuant to the requirement of § 151.231 of this chapter.
   (M)   Construction standards. The construction materials and details for all signs erected in the city shall be of the quality and grade as specified for buildings in the Uniform Building Code as adopted by the Administrative Building Council of the State of Indiana.
(1979 Code, §151.194) (Ord. 4370, passed 7-20-1998; Am. Ord. 4431, passed 7-12-1999; Am. Ord. 4462, passed 1-13-2000; Am. Ord. 4542, passed 12-4-2000; Am. Ord. 4592, passed 6-4-2001; Am. Ord. 4683, passed 7-1-2002; Am. Ord. 4762, passed 8-1-2003; Am. Ord. 5044, passed 7-9-2007; Am. Ord. 5175, passed 7-20-2009; Am. Ord. 5196, passed 1-4-2010)   Penalty, see § 151.999
WIRELESS COMMUNICATIONS
§ 151.250 GENERAL PROVISIONS.
   (A)   Intent. To encourage the orderly development of wireless communication technologies throughout the city while controlling the proliferation of communication towers. Particular emphasis should be to promote the collocation of wireless communication facilities. This subchapter shall not apply to amateur television or radio towers attached to primary structures or to free-standing amateur television or radio towers that are 35 feet in height or less, as measured from grade to the highest point of the antenna.
   (B)   Requirements. The following requirements apply to all wireless communications facilities regardless of location and are to be supplemented with the specific requirements set forth below.
      (1)   The location of any wireless communication facility shall comply with other applicable standards of the zoning ordinance not specifically indicated in this subchapter, including but not limited to those for floodplains and wetlands.
      (2)   All wireless communication facilities, with the exception of television and radio towers, shall be fully automated, shall not require attention on a daily basis and shall be visited only for periodic and necessary maintenance or emergencies.
(1979 Code, § 151.210) (Ord. 4370, passed 7-20-1998; Am. Ord. 4457, passed 12-6-1999)
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