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Greenwood, IN Code of Ordinances
THE GENERAL ORDINANCES OF THE CITY OF GREENWOOD, INDIANA
OFFICIALS OF THE CITY OF GREENWOOD, INDIANA
CHAPTER 1 GENERAL PROVISIONS
CHAPTER 2 CITY ADMINISTRATION
CHAPTER 3 LEGISLATIVE AND JUDICIAL BRANCHES
CHAPTER 4 FEES, LICENSES, PERMITS, AND FRANCHISES
CHAPTER 5 PARKS AND RECREATION
CHAPTER 6 SAFETY DEPARTMENTS AND REGULATIONS
CHAPTER 7 BUILDING AND CONSTRUCTION REGULATIONS
CHAPTER 8 TRAFFIC AND PARKING REGULATIONS
CHAPTER 9 UTILITIES
CHAPTER 10 ZONING, PLANNING AND DEVELOPMENT
CHAPTER 11 COMPARATIVE TABLES
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Sec. 10-03-11. Manufactured and Mobile Homes.
Manufactured Homes. Manufactured homes are permitted provided that the proposed manufactured home shall be affixed to a permanent foundation and shall otherwise comply with all other requirements for residential structures under applicable ordinances and codes.
Mobile Home Parks. Mobile Home Parks are permitted as per the Official Zoning Map within Residential Mobile Home (RMH) zone, and must adhere to the following standards:
   A.   Improvement Location Permit-Required. Prior to the location, relocation or establishment of any manufactured or mobile home, the homeowner or authorized representative shall secure from the Building Commissioner an improvement location permit, which states that the building and its location conform with the Comprehensive Plan.
      1.   Each application for an improvement location permit shall be accompanied by:
         a.   Those plot plans as required for all dwelling units, but which at a minimum include elevations or photographs of all sides of the home, exterior dimensions, roof materials, foundation siding or perimeter retaining wall treatment, foundation siding or perimeter retaining wall treatment, foundation construction and materials, exterior finishes and the like;
         b.   Health department approval for any sewage disposal or water supply, where applicable;
         c.   PUD or subdivision permit approval, where applicable; and
         d. Such other information, as may be required by the Building Commissioner for proper enforcement of this Ordinance (including data sheet provided by the Building Commissioner).
      2.   Failure to obtain either an improvement location permit or a certificate of occupancy shall be in violation of this Division and punishable under the provisions of Division IV. Failure to notify the Building Commissioner for all applicable inspections shall be a violation of this Ordinance and punishable under the provisions of this Ordinance.
      3.   Temporary use certificates may be issued in the following instances, and is valid for two (2) years:
         a.   To an applicant in the process of building a conventional dwelling to locate a manufactured or mobile home on a building lot during the course of construction of the dwelling, such permit shall not be issued until after a building permit for the dwelling has been issued;
         b.   To an applicant to use a manufactured or mobile home as a caretaker’s quarters or construction office at a job site;
         c.   To an applicant whose own health or the health of another necessitates care, and where the facts show that an unnecessary hardship would occur if not permitted to locate a manufactured home adjacent to the residence of one who is able to provide such care or in need of such care.
      4.   At the time the temporary permit expires, the manufactured or mobile home and all appurtenances shall be removed from the property within ninety (90) days.
   B.   Minimum Lot Size and Spacing.
      1.   All mobile home plots shall have a minimum lot size of three thousand (3,000) square feet and shall be situated on the lot so that mobile homes are separated by a minimum of sixteen feet (16').
   C.   Storage of Travel Trailer or RV.
      1.   It shall be unlawful for any person to keep, park, store or maintain a travel trailer or RV within the City outside a properly zoned mobile home park which is duly licensed by the Indiana State Department of Health except as specifically permitted in this section:
      2.   It shall be permissible for a bona fide guest of a house holder to park a travel trailer or RV in the rear yard or driveway of any single-family dwelling house for a period of time not to exceed fifteen (15) days in any one calendar year provided that such travel trailer or RV is used only for sleeping purposes during such fifteen (15) day period. Such travel trailer or RV may not exceed thirty-two feet (32') in length.
      3.   A travel trailer or RV may be parked or stored in the City provided that it is not used for living or sleeping purposes during such time as it is so stored or parked, or it does not constitute a nuisance or fire hazard. If such vehicle is parked in a residential zone, it shall meet front, side, or rear setback requirements of that zone. Mobile home parks or campgrounds may set aside designated areas for unoccupied parking or storage of travel trailers or RV’s.
      4.   No travel trailer or RV shall be maintained in the City as a permanent office. However, a vehicle may be used as a contractor’s office on a construction site during periods of construction provided that it is not used for living or sleeping purposes during such time. A vehicle may also be used as an office for a mobile home park or for a mobile home or RV sales lot.
   D.   Prohibited Uses.
      1.   It shall be unlawful for any person to keep, park, store, or maintain any mobile home within the City’s jurisdiction that does not comply with the requirements of this Section. It shall be understood that this regulation does not pertain to vehicles classified as “campers” or “recreational vehicles”, except as specifically noted.
   E.   Attachment or Addition.
      1.   Any action to attach a mobile home to the ground by means of posts, piers, foundations, or otherwise, or to add thereto in any way shall be subject to the requirements of the building code of the City as well as this Division and if said building code does not permit the addition, said addition shall be prohibited.
   F.   Damaged or Dilapidated Mobile Homes.
      1.   Wrecked, damaged or dilapidated mobile homes shall not be kept or stored either within or without a mobile home park at any time. The Building Commissioner shall determine if a mobile home is damaged or dilapidated to a point which makes said mobile home unfit for human occupancy on either a temporary or permanent basis. Whenever such a determination is made, the mobile home shall be vacated and removed from the premises. Nothing contained herein shall be deemed to supersede or interfere with any nuisance declaration.
   G.   Storage of Equipment or Materials.
      1.   All outdoor storage of equipment or materials shall be in an enclosure fully screened from public view.
   H.   Permitted Mobile Home Park Amenities.
      1.   Complimentary, non-intensive accessory uses shall be permitted to facilitate the management and maintenance of the mobile home park and provide community amenities. Permitted non-residential accessory uses shall include the following, which must be specifically identified on the site plan submitted for approval under this section:
         a.   Clubhouse;
         b.   Snack bar;
         c.   Laundry facilities;
         d.   Management office;
         e.   Recreation facilities, including playgrounds, swimming pools, tennis courts, basketball courts and community buildings; or
         f.   Storage area for maintenance equipment.
         g.   Each mobile home dwelling site shall include a paved parking area with a length of twenty feet (20') and a width of ten feet (10').
   I.   Mandatory Mobile Home Amenities.
      1.   If fifty (50) or more housing units are located in a mobile home park, then a minimum of one-half (½) acre of parkland must be provided for residents.
      2.   If thirty (30) or more housing units are located in a mobile home park, then laundry facilities must be provided.
   J.   Mobile Home Park Street Standards.
      1.   Each mobile home park shall be comprised of paved private streets designed to accommodate the contemplated parking capacity and traffic load of the proposed mobile home park. Such streets shall be installed as follows:
         a.   All internal streets shall be two-way and a minimum of twenty-eight feet (28') in width.
         b.   All mobile home park private streets shall be maintained in a safe, passable condition at all times.
         c.   If thirty (30) or more housing units are located in a mobile home park, then guest parking spaces must be provided in a location that is accessible by an internal street at a rate of one (1) parking space per every five (5) mobile homes.
   K.   Lighting. All mobile home parks shall be furnished with lighting units which maintain levels of illumination adequate for the safe movement of pedestrians and vehicles at night of no less than 0.2 foot-candles measured at grade.
   L.   Walks. All mobile home parks shall be equipped with a safe common walkway system with a minimum width of five feet (5'). The walkway system shall be designed to facilitate pedestrian movement between mobile home dwelling sites, along interior streets, and to provide access to park facilities and amenities. The walkway system shall further provide for handicap accessibility along at least one (1) side of each private street.
   M.   Refuse Handling and Common Collection Points.
      1.   The storage, collection, and disposal of refuse in a mobile home park shall not be conducted in a manner that creates health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution.
      2.   All refuse shall be stored in fly-tight, watertight, rodent-proof containers, which shall be located not more than one hundred fifty feet (150') from any mobile home pad.
      3.   Containers shall be provided in sufficient number and capacity to properly store all refuse.
      4.   Refuse collection stands shall be provided for all refuse containers. The container stands shall be designed to prevent containers from being tipped, to minimize spillage and container deterioration, and to allow cleaning around them.
      5.   All refuse containers shall be collected at least one (1) time per week.
   N.   Storage Buildings.
      1.   A storage building shall be provided in each park for inside storage of all equipment and other items used to maintain the park.
   O.   Water Supply.
      1.   An adequate supply of pure water for drinking and domestic purposes shall be supplied to all service buildings and to all mobile home spaces within the park to meet the occupancy requirements of the park.
      2.   Each mobile home space shall be provided with a cold water tap at least four inches (4") above the ground. Said tap shall have a shut-off valve that meets current plumbing code requirements.
   P.   Fire Protection.
      1.   Every mobile home park shall be equipped at all times with a sufficient number of fire hydrants spaced throughout the park. The total number of hydrants and location of hydrants shall be subject to the approval of the City Fire Chief, who shall submit his recommendations to the Plan Commission.
      2.   No open fires shall be permitted at any place within any mobile home park. Campfires shall be permitted in recreational campgrounds.
   Q.   Sewers and Sewage Disposal.
      1.   Each mobile home space shall be provided with a sanitary sewer line at least four inches (4") in diameter, which shall be connected to receive the waste from the showers, bathtubs, flush toilets, lavatory and kitchen sinks, and washing machines of the mobile home harbored in such space and having any or all such facilities.
      2.   The sewer line in each space shall be connected to discharge the mobile home waste into a public sanitary sewer system in compliance with applicable Ordinances, or into a privately owned and operated wastewater treatment plant and disposal system, provided said privately owned system is approved by the administrative agency having charge of approvals of such systems.
   R.   Responsibilities of Mobile Home Park Residents.
      1.   Each mobile home park resident shall comply with all applicable requirements of this chapter and shall maintain his or her mobile home site, its facilities, and its equipment in good repair and in a clean and sanitary condition. With the supervision and assistance of the mobile home park operator or his or her designee, each mobile home park resident shall be responsible for the placement of his or her mobile home on the mobile home slab in accordance with this section.
(Ord. 20-29, §2, 9-21-20; Ord. 21-44, §1, 10-4-21)
Sec. 10-03-12. Home Occupations.
   A.   Standards. Home occupations must be conducted in accordance with the following standards:
      1.   Child-home daycare businesses are exempt from the home occupation standards. Child-home daycares are regulated by the State of Indiana.
      2.   A maximum of twenty-five percent (25%) of the gross floor area of the dwelling shall be utilized for a home occupation.
      3.   The external appearance of the structure in which the use is conducted shall not be altered to accommodate the home occupation use.
      4.   There shall be no outside storage of any kind related to the home occupation use and only commodities made on the premises may be sold on the premises. No display of any products shall be visible from the outside of the dwelling.
      5.   No expansion of existing off-street parking shall be permitted to accommodate the home occupation use. Furthermore, no additional parking burden, due to the home occupation use, shall be created.
      6.   No equipment, process, materials, or chemicals shall be used which create offensive noises, vibration, smoke, dust, odor, heat, glare, x-rays, radiation, or electrical disturbances.
      7.   Not more than one (1) person who is not a resident of the dwelling may participate in the home occupation as an employee, independent contractor, or volunteer.
      8.   Not more than two (2) non-resident vehicles shall be permitted at the home occupation at any time.
      9.   Not more than one (1) vehicle shall be utilized by to the home occupation.
      10.   No sign shall be permitted on the outside of the structure or on the property which draws attention to the home occupation.
      11.   In no event, shall any home occupation cause or result in persons arriving at or entering the premises before 8:00 a.m. or after 8:00 p.m.
      12.   The following uses by the nature of the investment or operation have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations, and thereby impair the use and value of a residentially zoned area for residence purposes. Therefore, the uses specified below shall not be permitted as home occupations:
         a.   Auto/vehicle repairs, minor or major, Barbershop, Beauty shop, Dance studio, Dental office or clinic, Medical office or clinic, Painting of vehicles, trailers, boats, etc., Photography studio, Photo developing, Private schools with organized classes, Upholstering, Television and radio repair, Lawn mower or bicycle repair, Large or small appliance center, Freight/trucking or shipping, Tooling, welding or machinery shops, Antique or gift shops, Tool or equipment rental, Veterinary clinic, kennel, or stables, Restaurants, eating or drinking establishments, Any other use not meeting the conditions of this section.
(Ord. 20-29, §2, 9-21-20; Ord. 21-44, §1, 10-4-21)
Sec. 10-03-13. Accessory Uses and Structures.
   A.   Accessory Dwelling Unit (ADU).
      1.   An Accessory Dwelling Unit (ADU) may be created through new construction, conversion of an existing structure, addition to an existing structure, or conversion of an existing house to an ADU while simultaneously constructing a new primary dwelling on the site where there is adherence to all zoning regulations for both structures. A permit is required for the construction or addition of an ADU. The following standards apply to ADU’s:
         a.   Lot size must be at least eight thousand, five hundred (8,500) square feet in order to construct a detached ADU;
         b.   Only one (1) accessory unit is allowed on a lot;
         c.   Exterior finish materials must visually match in type, size and placement, the exterior finish materials of the primary dwelling;
         d.   The property owner must permanently reside in either the principal unit or the accessory unit;
         e.   The maximum size of a detached ADU is eight hundred (800) square feet of floor area and the maximum height must adhere to the accessory dwelling height maximum for the respective district or zone. All other requirements for an accessory structure must be met;
         f.   There must be a sidewalk from the street to the primary entrance of a detached accessory unit;
         g.   An accessory unit on the upper floors of the principal structure shall have an interior stairway to the primary entrance of the accessory unit. Secondary stairways may be located on the exterior, but not on the front exterior of the building;
         h.   Provided that the parking requirement is met for the principal one-family dwelling, no additional parking is required; and
         i.   All utilities extended to serve the ADU must be underground. All ADUs must adhere to Indiana State Building Codes.
   B.   Private Swimming Pool. Private above-ground or below-ground swimming pools may be constructed as an accessory use to any primary use. The following standards apply:
      1.   A permit is required prior to the construction of all below-ground swimming pools with a depth greater than two feet (2');
      2.   Swimming pools are permitted in the side or rear yards only and must be set back at least ten feet (10') from side and rear property lines;
      3.   Swimming pools with a depth of more than two feet (2') must be enclosed by a protective fence at least four feet (4') in height. The fence must include self-closing, lockable gates or entrances when the pool is not tended by a lifeguard or an adult occupant of the primary residential structure; and
      4.   Every swimming pool shall be provided with a suitable draining method, and in no case shall waters from any pool be drained into the sanitary sewer system, onto lands of other property owners adjacent to that on which the pool is located or in the general vicinity.
   C.   Accessory Structures. The location and height of accessory structures, where permitted, are regulated based on the district or zone where subject property is found. The following additional standards apply:
      1.   Accessory structures may be constructed only on a property where there is an existing primary structure.
      2.   Two (2) accessory structures of differing types shall be permitted per property. Types shall be defined as:
         a.   Detached Garage.
         b.   Accessory Dwelling Unit.
         c.   Pool house.
         d.   Shed or Barn.
      3.   Properties greater than two (2) acres may have one (1) additional accessory structure per acre of land to a maximum of five (5) accessory structures.
      4.   Playground equipment must comply with accessory structure location criteria.
      5.   Accessory structures under three hundred (300) square feet shall be made of wood, fiber cement, masonry or the same materials as the primary structure. In no instance shall steel be utilized.
      6.   Accessory structures over three hundred (300) square feet shall have a thirty-six inch (36") tall mortared masonry wainscot and shall utilize wood, fiber cement, masonry, steel or the same materials as the primary structure for the balance of the facade.
      7.   Residential accessory structures shall not exceed one hundred fifty percent (150%) of the enclosed square footage of the primary structure. This is aggregate for all accessory structures on the property.
      8.   Commercial and Industrial accessory structures shall not exceed twenty-five percent (25%) of the enclosed square footage of the primary structure. This is aggregate for all accessory structures on the property.
      9.   Agricultural accessory structures shall not exceed four hundred percent (400%) of the enclosed square footage of the primary structure. This is aggregate for all accessory structures on the property.
      10.   Accessory structures must be located in a rear yard.
   D.   Temporary Accessory Structures. Temporary accessory structures may be utilized on private property provided the following criteria are met:
      1.   One (1) temporary accessory structure may be placed on any commercial or industrial property for up to forty-five (45) days per calendar year and shall not exceed eight feet (8') by forty feet (40').
      2.   One (1) temporary accessory structure may be placed on any residential, agricultural, or institutional property for up to thirty (30) days per calendar year and shall not exceed eight feet (8') by twenty feet (20').
      3.   Temporary accessory structures must be placed on a paved surface and must not interfere with site circulation.
(Ord. 20-29, §2, 9-21-20; Ord. 21-44, §1, 10-4-21)
Sec. 10-03-14. Building Design Standards.
   A.   Applicability and Purpose.
      1.   The building design standards herein are intended to promote high-quality, aesthetically consistent, but not homogenous or monotonous, design for the promotion of the durability and longevity of buildings and the preservation of property values in the City.
      2.   The building design standards herein shall apply to all new development, in addition to expansion of an existing structure by an amount greater than or equal to twenty percent (20%) of the gross floor area.
      3.   Allowed exterior materials are determined by building elevation. Additional design standards specific to certain building elevations and circumstances may also apply as set forth herein.
      4.   These standards are in addition to the development standards applicable in each district and zone. Where there is a conflict between the development standards and these building design standards, the building design standards herein shall govern and control.
      5.   Material percentages stated herein are exclusive of window and door openings.
   B.   Single-Family Residential Building Design Standards.
      1.   The following table sets forth required design standards for all new detached and attached single-family residential dwelling structures and all new additions to detached and attached single-family structures that are greater than or equal to twenty percent (20%) of the gross floor area of the structure being expanded:
Single-Family (Detached and Attached) Residential Building Design Standards
Feature
Standards
Single-Family (Detached and Attached) Residential Building Design Standards
Feature
Standards
Non-Monotony
A.   Adjacent new structures may not utilize the same front elevation. Variation in elevation due to one, two, or three car garages may not count toward this non-monotony standard. Where rear yards are adjacent to the right-of-way, the non-monotony standard shall also apply to rear elevations.
 
B.   Adjacent new structures may not have the exact same front setback measurement; the setback must vary by at least two feet (2') and not more than five feet (5') between the two structures.
 
C.   In any residential subdivision, monotony of front elevation design is prohibited, and no residential dwelling structures of the same front elevation design or predominant material shall be permitted to be located directly adjacent to one another.
 
D.   On individual structures, there shall be no blank exterior walls. Each wall shall have a minimum of eight (8) square feet of windows and an architectural feature or a change in building material or finish. Structures with a zero-foot side yard setback are exempt from side elevation standards for those side elevations facing the zero-foot side setback.
Non-monotony: Variation in Front Elevation and Setback
General Design
A.   A front building elevation may contain an attached garage and visible garage door(s); provided that the portion of the front building elevation of the single-family structure devoted to the attached garage shall not be greater than sixty percent (60%) of the width of the front building elevation (fifty percent (50%) for ranch-style homes)). The garage facade shall not constitute more than fifty percent (50%) of the overall facade (sixty percent (60%) for ranch-style homes). Accessory third-car garages are exempt from the width requirement provided the garage door is set back at least two feet (2') from the front of the facade. Garage width is measured from interior wall face to interior wall face of garage interior.
 
B.   A front building elevation shall have a prominent front entryway and door visible from the front lot line and at least two windows of no less than eight (8) square feet each in size.
 
C.   The primary front entrance to a residential dwelling structure shall not be located on a side or rear elevation.
 
D.   If a three-bay garage is attached to the residential dwelling structure, then the third bay of the garage elevation shall be recessed from the remaining portion of the garage elevation by a minimum of two feet (2').
 
E.   Front porches are encouraged but not required; however, if they are provided, they shall be finished with at least one of the materials present on the front elevation.
 
F.   Side elevations shall have a minimum of eight (8) square feet of window per above grade floor. Side elevation window area can be combined.
 
G.   Gable ends shall overhang by no less than twelve inches (12"). Covered porch overhangs shall be no less than eight inches (8").
 
H.   Garages facing the public right-of-way may not extend more than eight feet (8') from the body of the structure.
Exterior Materials
In order to give property owners flexibility for meeting the exterior materials requirements for single-family dwellings, three paths have been developed. One of the following set of “Paths” below, which are comprised of different sets of standards, may be chosen:
   Path 1
A.   Front Elevation. The front elevation shall be comprised of any one or any combination of the following materials: stone, brick, heavy-gauge vinyl (minimum of 0.046 inch gauge), fiber cement siding, engineered wood siding, or stucco, provided that a minimum of fifty percent (50%) of the front elevation shall be clad in mortared masonry and fiber cement siding shall not count toward this minimum requirement.
 
B.   Side Elevations. Side elevations facing public ways or common areas shall be comprised of a minimum fifty percent (50%) mortared masonry. Where mortared masonry is required on a side elevation, it shall be required on both side elevations and the rear elevation. Permitted siding materials are stone, brick, fiber cement siding, heavy-gauge vinyl (minimum of 0.046 inch gauge), engineered wood siding, or stucco, and any remaining portion may be a durable, synthetic material designed and rated for building exteriors. Side elevations shall contain at least one window per above-ground level and the total transparency of each side elevation shall be at least eight (8) square feet.
 
C.   Rear Elevations. Rear elevations facing public ways or common areas shall be comprised of a minimum fifty percent (50%) mortared masonry. Permitted siding materials are stone, brick, fiber cement siding, heavy gauge vinyl (minimum of 0.046 inch gauge), engineered wood siding, or stucco, and any remaining portion may be a durable, synthetic material designed and rated for building exteriors. Rear elevations shall contain at least two (2) windows of eight (8) square feet each on each above ground story of the residential dwelling structure.
 
D.   Enclosed porches or porticos attached to or within five feet (5') of the residential dwelling structure shall be clad in the same materials as the majority portion of the rear elevation and shall not be clad in metal or vinyl siding or cladding.
   Path 2
A.   Mortared masonry shall be used on any street-facing or common area-facing facade up to a height of no less than thirty-six inches (36"). Where mortared masonry is required on one side or rear facade, it shall be required on all side and rear facades.
 
B.   Fiber cement and engineered wood siding shall be permitted in the following manner: above the wainscot on any street-facing or common area-facing frontage; or on the entirety of any elevation that does not face a street or common area. However, any elevation may be one hundred percent (100%) mortared masonry or stucco.
 
C.   Street-facing elevations must contain at least two (2) windows per above grade floor.
Path 3
A.   Brick, masonry, stone, or fiber cement siding, and up to twenty percent (20%) accent metals per elevation may be used in any combination if four (4) of any of the following architectural features are provided (definitions for items below can be found in the glossary):
 
   1.   Coach garage;
 
   2.   Any of the following styles of roof design: dormer roof, gable roof with dormer window(s), cross-gabled roof, a-frame, gambrel, mansard or pyramid mansard;
Exterior Materials (cont’d)
   3.   Wrap-around porch;
   4.   Three (3) separate siding/exterior material types;
   5.   Side load garage;
   6.   A portico over the front entrance;
   7.   Horizontal transom windows above all first-floor doors and windows;
   8.   An outdoor balcony space; and
   9.   Front entrance courtyard.
Corner Elevations
A.   Side elevations facing a street, such as those on a building situated on a corner lot, shall contain at least three (3) windows of eight (8) square feet each.
Trim
A.   All trim on all building elevations shall be clad in painted wood, engineered wood, or fiber cement.
Eaves/Roof Overhangs
A.   Eaves and roof overhangs shall be a minimum of twelve inches (12") from any exterior surface on all elevations. The distance shall be measured from the adjacent exterior surface.
 
B.   Gutters shall not count toward this requirement.
Foundation
A.   Foundations shall be a minimum of four inches (4") exposed or such greater amount as required by the Indiana Building Code.
Window Profiles
A.   Windows shall not be flush with exterior walls.
 
B.   Glass shall be inset from the exterior wall and/or frame surface to add relief to the wall surface.
 
C.   Bay windows or other windows designed to protrude beyond the exterior wall surface are permitted.
Driveway Measurement
A.   A single-family home must have a minimum of eighteen feet (18') between the edge of the sidewalk closest to the building and the garage.
Multi-Family Residential Building Design Standards
Feature
Standards
Front Elevation
A.   Front elevations shall be comprised of any one or any combination of the following materials: stone, brick, fiber cement siding, stucco, wood, engineered wood siding, pre-cast concrete, provided that a minimum of fifty percent (50%) of the front elevation shall be clad in mortared masonry.
B.   The front elevation shall comply with the minimum transparency requirements of thirty percent (30%).
C.   In any event, pre-cast concrete panels shall not exceed an area more than fifty percent (50%) of the front elevation. However, precast panels may be utilized if clad to resemble mortared masonry.
D.   All columns, pilasters, and pillars on the front elevation shall be clad in stone, brick, or stucco.
E.   Metal cladding may be permitted on not more than twenty percent (20%) of the front elevation.
F.   Metal grills and thru-air units are not permitted on the front elevation.
G.   The front facade must articulate two feet (2') for every fifty feet (50') of facade width.
Side Elevations
A.   Side elevations shall be comprised of a minimum fifty percent (50%) mortared masonry. Remaining areas shall consist of stone, brick, fiber cement siding, engineered wood siding, or stucco.
B.   The total transparency of each side elevation shall be at least twenty percent (20%).
Rear Elevation
A.   Rear elevations shall be comprised of a minimum fifty percent (50%) mortared masonry. Remaining areas shall consist of stone, brick, fiber cement siding, engineered wood siding, or stucco.
Trim
A.   All trim on all building elevations shall be clad in painted wood, engineered wood, or fiber cement.
Eaves/Roof Overhangs
A.   Eaves and roof overhangs shall be a minimum of twelve inches (12") from any exterior surface on all elevations.
B.   Gutters shall not count toward this requirement.
Foundation
A.   Foundations shall be a minimum of four inches (4") exposed or such greater amount as required by the Indiana Building Code.
Window Profiles
A.   Windows shall not be flush with exterior walls.
B.   Glass shall be inset from the exterior wall and/or frame surface to add relief to the wall surface.
C.   Bay windows or other windows designed to protrude beyond the exterior wall surface are permitted.
Mechanical Equipment
A.   All mechanical equipment located on the ground must be screened in the same manner as a dumpster. Rooftop mechanical equipment shall not be visible; the visibility of rooftop mechanical equipment shall be measured from the opposite right-of-way or at the adjacent property line when not on right of way, twenty feet (20') off of the ground.
 
   D.   Commercial Building Design Standards. The following table sets forth required design standards for all new structures containing a commercial use, all new additions to structures containing a commercial use, and alterations to the front elevation of structures containing a commercial use:
Sample Commercial Building
 
Commercial and Mixed-Use Building Design Standards
Feature
Standards
Front Elevation
1.   Front elevations shall be comprised of any one or any combination of the following materials: stone, brick, fiber cement siding, stucco, wood, engineered wood siding, pre-cast concrete, aluminum composite panels, or insulated metal panels provided that a minimum of fifty percent (50%) of the front elevation shall be clad in mortared masonry.
 
2.   The front elevation shall comply with the minimum transparency requirements of thirty percent (30%).
 
3.   In any event, pre-cast concrete panels shall not exceed an area more than fifty percent (50%) of the front elevation.
 
4.   All columns, pilasters, and pillars on the front elevation shall be clad in stone, brick, or stucco.
 
5.   Metal cladding may be permitted on not more than twenty percent (20%) of the front elevation.
 
6.   Metal grills and thru-air units are not permitted on the front elevation.
 
7.   The front facade must articulate two feet (2') for every fifty feet (50') of facade width.
 
8.   Facades visible from a public or private street through a common area, park, or open space shall be treated as a front facade.
Side Elevations
1.   Side elevations shall be fully clad in the predominant material of the front elevation.
 
2.   Right-of-way facing elevations shall not contain any loading docks or overhead doors unless such overhead doors are used in connection with an eating establishment. A single overhead door for entering a parking garage, carwash, or an automotive dealership service department entrance is permitted.
Rear Elevation
1.   Rear elevations shall be clad in the same material as the side elevations.
 
2.   Rear elevations may contain docks and overhead doors.
Corner Elevations
1.   Side elevations facing a street, such as those on a building situated on a corner lot, shall include not less than thirty percent (30%) transparency on the portion of the elevation closest to the street corner.
Pre-Cast Concrete
1.    Pre-cast concrete exteriors shall not have a plain, smooth surface.
 
2.   The surface of pre-cast concrete walls shall be textured, veneered, stamped, imprinted, or otherwise finished with architectural designs, details, patterns or materials.
Parapet Walls
1.   Parapet walls shall be of the same finish materials as the front elevation directly below the parapet wall and both sides of the wall shall be finished.
 
2.   No exposed concrete block shall be permitted on a parapet wall.
Balconies
1.   If balconies are included, balconies shall be incorporated into the facade of the structure and shall contain a metal, powder-coated aluminum, or engineered wood railing.
 
2.   Natural wood railings shall not be permitted on a balcony.
 
   E.   Industrial Building Design Standards. The following table sets forth required design standards for all new structures containing an industrial use, all new additions to structures containing an industrial use, and alterations to the front elevation of structures containing an industrial use:
Sample Industrial building
Industrial Building Design Standards
Feature
Standards
Industrial Building Design Standards
Feature
Standards
Front Elevation
1.   Front elevations shall be comprised of any one or any combination of the following materials: stone; brick; fiber cement siding; engineered wood siding; pre-cast concrete; aluminum composite panels; or insulated metal panels provided that a minimum of fifteen percent (15%) of the front elevation shall be clad in mortared masonry not including split-faced block.
 
2.   The front elevation shall comply with the minimum transparency requirements of ten percent (10%).
 
3.   The front facade shall articulate horizontally a minimum of two feet (2') per every one hundred fifty feet (150') of facade width. Articulation points do not have to be evenly spaced and cannot be combined.
 
4.   Metal cladding may be permitted on not more than twenty percent (20%) of the front elevation.
 
5.   Metal grills and thru-air units are not permitted on the front elevation.
 
6.   Industrial buildings larger than fifty thousand (50,000) square feet must break up the front elevation by providing a pronounced entry that is either protruding or recessed from the front wall face.
Side Elevations
1.   Side elevations shall be fully clad in the predominant material of the front elevation.
Rear Elevation
1.   Rear elevations shall be clad in the same material as the side elevations.
Corner Elevations
1.   Side elevations facing a street, such as those on a building situated on a corner lot, shall include not less than thirty percent (30%) transparency on the portion of the elevation closest to the street corner.
Pre-Cast Concrete
1.   Pre-cast concrete exteriors shall not have a plain, smooth surface.
 
2.   The surface of pre-cast concrete walls shall be textured, veneered, stamped, imprinted, or otherwise finished with architectural designs, details, patterns, or materials.
 
   F.   Old Town Design Standards.
      1.   Waivers.
         a.    The Plan Commission may, in its discretion, authorize and approve waivers from the Old Town Design Standards upon finding that:
            i.   The approval of the waiver request will not be detrimental to the public safety, health, and welfare, or injurious to property within a reasonable proximity to the subject property involved in the waiver request.
            ii.   The strict application of the applicable Ordinance standard will result in practical difficulties in the development due to the particular physical surroundings, unique constraints, or topographical conditions of the subject property. These conditions will not substantially alter the character of the subject district or zone.
            iii.   The practical difficulties were not self-imposed and cannot be overcome by reasonable design alternatives. Financial hardship does not constitute a practical difficulty.
            iv.   The waiver request is necessary and represents a minimal deviation from explicit Ordinance standards.
         b.   In approving waivers, the Plan Commission may impose such conditions as will, in its judgment, substantially secure the objectives of these regulations.
         c.   Applications for waivers shall be submitted to the Plan Commission with application forms as prescribed by the Plan Commission. On the application, the applicant shall describe the requested waivers and shall submit proposed findings of fact in support of each requested modification. The applicant shall bear the burden of establishing a sufficient factual basis for each requested modification.
      2.   The following table sets forth required design standards for all new structures within the Old Town district, all new additions to structures in the Old Town district, and alterations to any elevation of structures within the Old Town district:
Old Town Design Standards
Feature
Standards
Old Town Design Standards
Feature
Standards
Front Elevation
A.   Front elevations shall be comprised of any one or any combination of the following materials: stone, brick, stucco, engineered wood, fiber cement siding, engineered wood siding, glass curtain wall, or wood, provided that a minimum of seventy-five percent (75%) of the front elevation shall be clad in mortared masonry not including split-faced block (exclusive of window and door openings).
B.   The front elevation shall comply with the minimum transparency requirements of sixty percent (60%) for the ground floor and forty percent (40%) for additional floors.
C.   All columns, pilasters, and pillars on the front elevation shall be clad in stone, brick, or ornamental iron.
D.   The front entrance shall be defined by one of the following features: canopy, arcade, portico, stoop, building recess, awning, or moldings.
E.   Blank, windowless walls in excess of seven hundred fifty (750) square feet are prohibited when facing a public street unless required by the Indiana Building Code. In instances where a blank wall exceeds seven hundred fifty (750) sq. ft., it shall be articulated.
F.   All garage and overhead doors on the front elevation shall include some transparency; provided, however, if the overhead door is on the front elevation of any commercial building, it shall be part of the storefront and not used for loading.
Side Elevations
A.   Side elevations shall be fully clad in the materials that comprises the front elevation.
B.   Side elevations shall not contain any loading docks or overhead doors unless such overhead doors are used in connection with an eating establishment.
C.   Side elevations for a single-unit detached structure shall be permitted to have overhead doors for residential garage applications.
D.   Common walls that are not visible shall be constructed in any manner that complies with all applicable building codes.
Rear Elevation
A.   Rear elevations shall be clad in the same material as the side elevations.
B.   Rear elevations may contain docks and overhead doors.
Corner Elevations
A.   Side elevations facing a street, such as those on a building situated on a corner lot, shall be required to have the same proportion of transparency as the front street elevation.
Parapet Walls
A.   Parapet walls shall be of the same finish materials as the front elevation directly below the parapet wall and both sides of the wall shall be finished.
B.   Extensions above the roof line must return a minimum of six feet (6') over the roofline.
C.   No exposed concrete block shall be permitted on a parapet wall.
Balconies
A.   If balconies are included, balconies shall be incorporated into the facade of the structure and shall contain a metal, powder-coated aluminum, or engineered wood railing. Balconies must be a minimum of three feet (3') deep.
B.   Natural wood railings shall not be permitted on a balcony.
 
   G.   General Design Standards:
      1.   Concrete block shall not be permitted on any exterior elevation. Split-faced concrete block shall not be used on any front elevation but may be used on a side and rear elevation of a building containing a commercial use so long as the elevation does not face a street or public way.
      2.   Fiber cement siding is permitted; however, fiber cement panels are not permitted on any building type.
      3.   PVC piping, plastics, pressboard, cardboard, or veneers or panels for interior applications shall not be permitted on any building elevation.
      4.   Glass block shall not be used on any front or side elevation.
      5.   An applicant shall provide a sample of all proposed materials to be reviewed and approved by the Commission for compliance with the standards set forth herein.
      6.   All materials shall be rated and certified for exterior usage and shall be fully compliant with all applicable building and fire codes, regulations, and ordinances.
      7.   A material other than those permitted herein may be proposed by an applicant and approved by the Plan Commission if all of the following are satisfied:
         a.   The material is present on at least fifty percent (50%) of the total area of front elevations of all existing buildings within five hundred feet (500') of the subject building located along the same street frontage and the existing buildings were not constructed as part of a subdivision or common development scheme; and
         b.   The material is existing on more than one building located in the same district or zone that has been constructed, expanded, or altered within the five (5)-year time period immediately preceding the application.
      8.   All sides of a structure shall be architecturally similar with no blank facades.
      9.   Articulation on side and front facades shall equal a minimum of two feet (2') per every fifty feet (50') of facade length.
(Ord. 20-29, §2, 9-21-20; Ord. 21-44, §1, 10-4-21)
Sec. 10-03-15. Telecommunications Facilities.
   A.   Procedure.
      1. All Telecommunications facilities must apply for a location improvement permit that indicates compliance with the standards listed herein.
   B.   Setbacks.
      1.    All telecommunication towers shall be set back from any property line a distance equal to at least eighty percent (80%) of the height of the tower;
      2.   A telecommunication tower shall be five hundred feet (500') from any residential structure; and
      3.   Telecommunication towers are generally not permitted in established front yards, except where evidence provided by the petitioner demonstrates that placement in an established front yard would provide the best camouflage for the tower.
   C.   Buffer Requirements.
      1.   The location of the tower and equipment buildings shall comply with all local, State and federal natural resource protection standards. The following buffer planting shall be located around the outermost perimeter or security fence of a telecommunication facility:
         a.   An eight-foot (8') high wood fence or brick masonry wall shall completely surround the entire telecommunications facility, excluding guy wires;
         b.   A live evergreen screen consisting of a hedge, planted five feet (5') on center maximum, or a row of evergreen trees planted a maximum of ten feet (10') on center shall be planted outside the fence around the entire telecommunication facility and each of the guy wires and anchors, if used, and the height of all plants at the time of planting shall be no less than five feet (5');
         c.   Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible on the entire site;
         d.   Existing evergreen vegetation outside the fence or wall may be counted toward the evergreen screen.
   D.   Access. Proposed telecommunication towers and antennas shall meet the following access requirements:
      1.   Vehicular access to the tower and equipment building shall be provided along any existing driveways, whenever feasible; and
      2.   The telecommunication facility shall be fully automated and unattended daily, and may be visited only for periodic maintenance, emergencies, installations or equipment removal.
   E.   Design. Proposed telecommunication towers and antennas shall meet the following design requirements:
      1.   All telecommunication towers shall be a monopole design.
      2.   Telecommunication towers and antennas shall be designed to blend into the surrounding environment using camouflaging, color and architectural treatment, except in an instance where the color is dictated by federal or State authorities such as the Federal Aviation Administration (FAA).
      3.   The entire facility shall be aesthetically and architecturally compatible with its environment. The use of materials compatible with the surrounding environment such as wood, brick, or stucco is required for associated support structures, which shall be designed to architecturally match the exterior of residential or commercial structures within the neighborhood or area. If the facility is screened one hundred percent (100%) during all seasons with an eight-foot (8') tall wood privacy fence and evergreen screen, other materials may be approved.
      4.   Lighting for safety or security reasons or required by the FAA or other federal or State authority is permitted. All required lighting shall be oriented inward so as not to project onto surrounding residential properties.
   F.   Collocation Requirements.
      1.   At a minimum, a monopole shall be constructed to support the initial user plus the anticipated loading of the number of additional users required in accordance with this Ordinance.
      2.   Minimum number of additional antenna sites to be provided on an eighty (80)-foot tower is two (2).
      3.   The site of the initial telecommunication tower and telecommunication facility shall be of sufficient area to allow for the location of additional equipment.
      4.   Any proposed telecommunication tower shall be designed, and engineered structurally, electrically and in all other respects, to accommodate both the initial use and the additional users as required in accordance with this Ordinance. Telecommunication towers shall be designed to allow for future rearrangement of cellular communication equipment and antennas upon the tower and to accept cellular communication equipment and antennas mounted at varying heights.
   G.   Siting Requirements. A proposal for a new telecommunication tower shall not be approved unless the petitioner submits verification that the telecommunication equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or buildings or other structure due to one or more of the following reasons:
      1.   The planned telecommunication equipment would exceed the structural capacity of the existing or approved towers, buildings, or structures as documented by a qualified and licensed professional engineer, and the existing or approved towers, buildings or structures cannot be reinforced, modified, or replaced to accommodate the planned telecommunication equipment at a reasonable cost.
      2.   The planned telecommunication equipment would cause interference impacting the usability of other existing telecommunication equipment at the site if placed on existing structures. Supportive documentation by a qualified and licensed professional engineer indicating that the interference cannot be prevented at a reasonable cost.
      3.   The existing or approved towers, buildings or structures within the search radius cannot accommodate the planned telecommunication equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.
      4.   Other unforeseen reasons that make it unfeasible or impossible to locate the planned telecommunication equipment upon an existing or approved tower, building or structure.
      5.   The petitioner has been unable to enter a commonly reasonable lease term with the owners of existing towers, buildings or structures.
      6.   Additional land area is not available at the base of existing towers, buildings or structures to accommodate the proposed telecommunication facility.
   H.   Construction Requirements. All antennas, telecommunication towers, accessory structures and any other wiring constructed within the Plan Commission’s jurisdiction shall comply with the following requirements:
      1.   All applicable provisions of this Ordinance and the Building Code of the State of Indiana, as amended, and the Federal Communications Commission (FCC) when applicable.
      2.   All telecommunication towers and telecommunication equipment shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the Building Code, as amended, and the Electronics Industry Association.
      3.   Except for necessary electric and telephone service and connection lines approved by the Board of Public Works and Safety (BPWS), no part of any telecommunication equipment, telecommunication tower, lines, cables, equipment, wires or braces in connection with either shall, at any time, extend across or over any part of a right-of-way, public street, highway, sidewalk, trail or property line without appropriate approval in writing.
      4.   All telecommunication towers and telecommunication equipment shall be designed to conform to accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code, as amended.
      5.   All telecommunication towers and telecommunication equipment shall be constructed to conform to the requirements of the Occupational Safety and Health Administration (OSHA).
      6.   All signal and remote-control conductors of low energy extending substantially horizontally above the ground between a tower and other telecommunication equipment, or between towers, shall be at least ten feet (10') above the ground at all points, unless buried underground.
      7.   All telecommunication towers and telecommunication equipment shall be designed and constructed to all applicable standards of the American National Standards Institute (ANSI) manual, as amended.
      8.   An engineer’s certification shall be submitted for all telecommunication towers and all other telecommunication equipment to document and verify the design specifications, including, but not limited to, the foundation for all towers, anchors for all guy wires (if used), the location of all collocation sites, strength requirements to withstand natural forces such as ice, wind, earth movements, etc.
      9.   All telecommunication towers and telecommunication equipment shall be designed and constructed, at a minimum, to withstand wind gusts of at least eighty (80) miles per hour with one-half (½) inch of ice and to accommodate all collocation sites as required by this Ordinance.
   I.   Existing Structures. The following shall apply to existing antennas, telecommunication towers and telecommunication equipment:
      1.   Existing structures may continue in use for the purpose now used and as now existing but may not be replaced or significantly structurally altered without complying in all respects to the requirements set out in this Ordinance.
      2.   All requests to install any telecommunication equipment on an existing approved or “grandfathered” tower, building or structure shall be submitted to City Engineer for approval. All such requests will only require an electrical permit, City Engineer approval, and the contract between the petitioner and the owner of the existing tower, building or structure, unless other approvals are required as set out in this Ordinance.
   J.   Inspection of Towers. The following shall apply to the inspection of telecommunication towers:
      1.   All telecommunication towers may be inspected at least once every year - or more often as needed to respond to complaints received - by the City Engineer, and/or a qualified and licensed consulting engineer to determine compliance with the original construction standards. Deviation from original construction for which any permit was obtained constitutes a violation of this Ordinance.
      2.   Notice of Violation will be sent by registered mail to the owner and the owner will have thirty (30) days from the date the notification is issued to make repairs. The owner is required to notify the City Engineer that the repairs have been made, and as soon as possible thereafter, another inspection will be made and the owner notified of the results.
   K.   Abandoned Towers. Any telecommunication tower unused or left abandoned for six (6) months will be removed by the tower owner at its expense. Should the owner fail to remove the telecommunication tower after thirty (30) days from the date a notice of violation is issued, the City may remove the telecommunication tower and bill the owner for the costs of removal and cleanup of the site.
   L.   Small Cell Wireless Facilities. The placement of small cell facilities and associated supporting structures in the right-of-way is considered a permitted use and exempt from local zoning review as per the State of Indiana so long as the height does not exceed fifty feet (50'), or the height of any utility pole placed on or before July 1, 2017 within five hundred (500) of the proposed small cell facility, plus ten feet (10'). Small cell wireless facilities must comply with additional standards set by the Federal Communications Commission (FCC).
(Ord. 20-29, § 2, 9-21-20)
Sec. 10-03-16. Specific Uses Standards.
The land uses and activities within this section shall comply with the use-specific provisions provided herein, in addition to all other applicable provisions of this Ordinance. The use-specific provisions are listed below:
   A.   Detached Single-Family Home.
      1.   All detached single-family homes require sixteen feet (16') of separation between the neighboring detached single-family homes, which shall be measured from the nearest wall of the primary structure.
      2.   Carports and sheds shall not be constructed from metal.
   B.   Community Garden.
      1.   Community Gardens are permitted in any district or zone and may include the following uses:
         a.   The cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity;
         b.   A community garden may not exceed one (1) acre;
         c.   Animals may not be kept in community gardens;
         d.   Greenhouses, hoop houses, cold frames, and similar structures for the growing of plants;
         e.   Sheds, gazebos, and pavilions, and similar structures as accessory uses; and
         f.   Compost bins as an accessory use.
      2.   Community Gardens must adhere to the following standards:
         a.   Composting receptacles must be located no less than ten feet (10') from adjacent lot line and must be screened using plantings no less than four feet (4') tall, or a wood, stone or brick fence. Composting receptacles must be kept in good order, free of vermin;
         b.   Impervious surfaces shall be limited to a maximum of twenty percent (20%) of the total property area;
         c.   Accessory structures shall adhere to the accessory structure heights limits for its respective district or zone; and
         d.   Signage must adhere to the regulations that pertain to the underlying district or zone. If the community garden is located in a residential zone, one unlit sign is permitted, affixed to a fence or accessory structure, no larger than ten (10) square feet.
   C.   Manufacturing - Artisan. Artisan manufacturing uses shall not create smoke, gas, odor, dust, sound, vibration, soot, heat, glare or lighting to a degree that is readily detectable at any point beyond the property line of the use.
   D.   Auction Facility.
      1.   Speakers related to the auction use may not face toward adjacent uses and must face inward to the site and the auction activities;
      2.   No speaker shall be allowed within thirty feet (30') of a lot line;
      3.   All noises generated shall comply with the Greenwood Noise Regulations; and
      4.   Outdoor storage areas shall be screened from adjacent uses by shrubs that are a minimum of four feet (4') tall.
   E.   Equipment Repair - Heavy.
      1.   No more than twenty (20) vehicles shall be stored at any one time, and no individual vehicle may be stored for longer than eighty (80) days;
      2.   All noises generated shall comply with Greenwood Noise Regulations; and
      3.   Outdoor storage areas must comply with the standards of this Division.
   F.   Bed and Breakfast.
      1.   The principal building of the bed and breakfast establishment shall be the primary residence of the owner or manager of the bed and breakfast use;
      2.   A bed and breakfast establishment shall comply with all other provisions of the zone in which it is located and shall comply with all other ordinances of the City; and
      3.   Meals, if provided, shall be served only to residents and overnight guests of the bed and breakfast establishment.
   G.   Short-Term Rental Residences.
      1.   Within the RL, RM, and RA zones the proprietor of the short-term rental property must also have a primary residence on site;
      2.   Within the RL, RM, and RA zones, guests over the age of 18 shall be limited to six (6) for any single property;
      3.   All short-term rental units must have operational fire extinguishers, smoke detectors and carbon monoxide detectors; and
      4.   Guest stays within short-term rental properties shall not exceed forty (40) days.
   H.   Indoor Sporting/Entertainment Complex.
      1.   All recreational activities must take place in an enclosed space;
      2.   All noise, whether directly from the activity or from a facility announcement system, may not be audible to adjacent uses; and
      3.   Outdoor storage of associated equipment is not permitted.
   I.   Outdoor Sporting/Entertainment Complex.
      1.   If within one thousand feet (1,000) from a residential property, all noise generated from amplified entertainment or announcement systems may only operate between the hours of 7:00 a.m. and 11:00 p.m. and must adhere to Greenwood Noise Ordinance; and
      2.   All exterior night lighting fixtures shall be fully shielded and downward casting and do not cause glare or spill over onto neighboring properties or roadways.
   J.   Agricultural uses.
      1.   Agricultural uses includes Agricultural Processes, Enclosed Confined Feeding, Animal Cultivation Facilities must adhere to the following standards:
      2.   Agricultural processing, due to potential noise, odor or other negative externalities, may not occur within three hundred feet (300') of a lot line;
      3.   Agricultural processing activities must occur in an enclosed or covered facility;
      4.   For all new Agricultural Processing facilities, a waste management plan addressing the storing, handling and disposing of all waste by-products of the processing activities shall be submitted with the site plan for review and approval. This plan should characterize the volumes and types of waste generated, and the operational measures that are proposed to manage and dispose or reuse the wastes in an environmentally sound manner which does not result in adverse environmental impacts, nuisance complaints or health hazards; and
      5.   All exterior night lighting fixtures shall be fully shielded and downward casting and do not cause glare or spill over onto neighboring properties or roadways.
   K.   Vehicular Care Services - Major / Vehicular Care Services - Non-Major. Vehicular Care Services, whether Major or Non-Major, must adhere to the following standard:
      1.   Vehicular Care Services may not be located outside and must be located within an enclosed primary or secondary structure.
      2.   Equipment associated with Vehicular Care Services may not be located outside and must be located within an enclosed primary or secondary structure.
   L.   Fueling Stations.
      1.   May include up to eight (8) fuel stations with up to sixteen (16) total pumps.
      2.   Shall not be located within one hundred fifty feet (150) of State Road 135.
      3.   Shall not be located within six hundred feet (600') of another fueling station; except that two (2) fueling stations may be allowed at street intersections.
      4.   May not be located with four hundred feet (400') of residential properties.
      5.   Support columns of canopies shall be brick wrap.
   M.   Alcohol Sales.
      1.   Package liquor stores are not permitted in the Interstate Commercial Zone.
   N.   Tractor-Trailer Parking, Impound.
      1.   Shall only be permitted in IL.
      2.   Shall not be within five hundred feet (500') of residential property.
      3.   Shall not be along Main Street, Worthsville Road, or County Line Road.
      4.   Requires a large buffer yard on all sides.
   O.   Outdoor storage.
      1.   Must be completely screened from view of neighboring properties or rights-of-way.
      2.   Shall not be located within one thousand feet (1,000') of residential property.
      3.   Shall not be located in any front yard.
   P.    Solar Facilities.
      1.   Solar array is allowed in connection with any residential, institutional, industrial or commercial use when they meet all of the following requirements in addition to the requirements for accessory structures herein shall not:
         a.   Be located in any front yard.
         b.   Be attached to the front elevation of any structure or building.
         c.   Wherever practical and possible, be located on a lot so as not to be visible from the public right-of-way.
      2.   Roof-mounted solar array is permitted in all residential and commercial zones or districts containing residential or commercial uses provided they are integrated into the roof, mounted no higher than four inches (4") above the roof on sloped residential roofs, or are located on a flat roof behind a parapet wall.
      3.   No infrastructure, including but not limited to conduit, mounting structures, and cables, related to any solar array shall be visible from any right-of-way.
   Q.   Emergency Radio Coverage in All New Commercial Buildings over 10,000 Square Feet. All new commercial buildings over ten thousand (10,000) square feet GFA shall have approved radio coverage for emergency responders within buildings based on the existing coverage levels of the public safety communication system of the jurisdiction at the exterior of the building, except in the following instances:
      1.   A wired communication system is allowed in lieu of an approved radio coverage system;
      2.   Where the City’s fire code official determines that the system is not needed; or
      3.   Where the City’s fire code official approves an automatically activated emergency responder radio coverage system in cases where the otherwise required system or its components or equipment could have a negative impact on the normal operations of the facility.
   R.   The following uses are excluded for all parcels located within one hundred fifty feet (150') of State Road 135:
      Auction house/lot;
      Automotive repair and service (south of Stones Crossing Road only);
      Automobile sales;
      Mobile home sales;
      Truck/equipment sales;
      Trucks tops, vehicle wash or vehicle fuel stations;
      Truck garages, body shops, vehicle service and repair stations;
      Truck or trailer storage yards;
      Farm implement sales;
      Children’s home/group home (those protected under Ind. Code § 16-13-21-12 and all other types of group homes);
      Billiard parlor;
      Recreations vehicle sales;
      Boat sales;
      Cold storage locker;
      Meat locker/freezer;
      Grain elevator/feed/fertilizer;
      Junk yard/salvage yard;
      Vehicle/boat/RV storage;
      Kennels;
      Construction other than buildings - heavy contractor;
      Construction - special trade contractors;
      Above-ground bulk storage tanks;
      Mobile homes/mobile home parks;
      Outdoor theater;
      Public warehouse/self-storage facilities;
      Race track;
      Raising breeding non-farm fowl/animals;
      Riding academies/boarding stables;
      Roadside sales/stands (Except for agricultural uses);
      Plant nurseries;
      Vineyards/orchards;
      Wildlife/nature preserves;
      Conservation district;
      Forestry preserve;
      Building construction - general contractor; Botanical/zoological gardens
   S.   Bee Keeping.
      1.   Residential properties up to one (1) acre are permitted one (1) hive. Additional hives shall be allowed at a rate of one (1) per acre of property to a total of four (4) hives.
      2.   Hives on residential properties must be placed no closer than thirty feet (30') from a property line.
      3.   Agricultural properties are not limited on the number of hives, but the hives shall be located at least one hundred feet (100') from any property line.
(Ord. 20-29, §2, 9-21-20; Ord. 21-44, §1, 10-4-21)
Sec. 10-03-17. Planned Unit Development (PUD).
   A.   Purpose. The purpose of the Planned Unit Development (PUD) is to encourage flexibility in the development of land in order to promote its most appropriate use; to improve the design, character, and quality of new developments; to encourage a harmonious and appropriate mixture of uses; to facilitate the adequate and economic provision of streets, utilities, and City services; to preserve the natural environmental and scenic features of the site; to encourage and provide a mechanism for arranging improvements on sites so as to preserve desirable features; and to mitigate the problems which may be presented by specific site conditions. It is anticipated that Planned Unit Developments will offer one or more of the following advantages:
      1.   Reflect the policies of the Comprehensive Plan specific to the neighborhood in which the PUD is to be located;
      2.   Provide substantial buffers and transitions between areas of different land use and development densities;
      3.   Enhance the appearance of neighborhoods by conserving areas of natural beauty, and natural green spaces;
      4.   Counteract urban monotony and congestion on streets;
      5.   Promote architecture that is compatible with the surroundings;
      6.   Buffer differing types of land use and intensities of development from each other so as to minimize any adverse impact which new development may have on existing or zoned development;
      7.   Promote and protect the environmental integrity of the site and its surroundings and provide suitable design responses to the specific environmental constraints of the site and surrounding area; and
      8.   Effectuate implementation of the Comprehensive Plan.
   B.   Conformance. Planned Unit Development is an area under single ownership or control to be developed in conformance with an approved PUD master plan, consisting of a map showing the development area and all improvements to the development area, a text which sets forth the uses and the development standards to be met, and exhibits setting forth any aspects of the PUD master plan not fully described in the map and text. The map, exhibits, and text constitute a PUD master plan. The uses and standards expressed in the PUD master plan constitute the use and development regulations for the Planned Unit Development site in lieu of the regulations for the underlying district or zone.
   C.   Requirements.
      1.   The area designated in the Planned Unit Development map must be a tract of land under single ownership or demonstrated control. Single control of property under multiple ownership may be accomplished through the use of enforceable covenants and commitments, which run to the benefit of the Plan Commission.
      2.   The Concept Plan shall indicate the land use, development standards, and other applicable specifications of the Municipal Code, which shall govern the Planned Unit Development. If the Concept Plan is silent on a particular land use, development standard, or other specification of the Municipal Code, the standard of the underlying district or zone, the applicable regulations shall apply.
      3.   The Planned Unit Development map shall show the location of all improvements. The location of Planned Unit Developments shall be designated on the Official Zoning Map and adopted pursuant to this Division.
      4.   The Planned Unit Development must comply with all required improvements, construction standards, design standards, and all other engineering standards contained within the Municipal Code and other pertinent regulations, except where specifically varied through the provisions of this Section.
      5.   Designation and Conveyance of Permanent Open Space.
         a.   Definition. Permanent open space shall be defined as parks, playgrounds, waterways (as defined in paragraph b. of this subsection, landscaped green space, and natural areas, not residential yard space surrounding dwelling units, and not including schools, community centers or other similar areas in public ownership.
         b.   Designation. No plan for a Planned Unit Development shall be approved unless such plan provides for permanent landscaped or natural open space. A minimum of twenty-five percent (25%) of the proposed Planned Unit Development area shall be designated as Permanent Open Space. No more than thirty-five percent (35%) of the required permanent open space can be covered by water defined as the high- water elevation, including detention and retention ponds. The remaining permanent open space must be usable space, and the developer must provide the necessary facilities to make them usable.
         c.   In the case of mixed uses, permanent open space shall be allocated to the property in proportion to the uses assigned to the Planned Unit Development and shall be located in a reasonable proximity to those uses. Provided, however, the permanent open space need not be located in proximity to the use in the case of preservation of existing features.
         d.   If the Concept Plan provides for the Planned Unit Development to be constructed in stages, open space must be provided for each stage of the Planned Unit Development in proportion to that stage.
         e.   Conveyance. Permanent open space shall be conveyed in one of the following forms:
            i.   To a municipal or public corporation; or
            ii.   To a not-for-profit corporation or entity established for the purpose of benefiting the owners and tenants of the Planned Unit Development, or where appropriate and where approved by the Plan Commission and the Common Council, adjoining property owners, or both. All conveyances shall be structures to ensure that the grantee has the obligation and the right to effect maintenance and improvement of the common open space; and that such duty of maintenance and improvement is enforced by the owners and tenants of the Planned Unit development and, where applicable, by adjoining property owners; or
            iii.   To owners other than those specified in subsections i. and ii. above, and subject to restrictive covenants describing and guaranteeing the open space and its maintenance and improvement, running with the land for the benefit of residents of the Planned Unit Development or adjoining property owners; or both; or
            iv.   Uses permitted in a Planned Unit Development may be any use which is found in the Master List of Uses by Zone and District, Division II, Sec. 10-02-11, subject to the approval of the Plan Commission and Common Council.
   D.   Procedure for Approval.
      1.   Introduction. Application shall be accompanied by all plans and documents required by Sec. 10-03-17 E. A three-step application process shall be used. The steps in the process are:
         a.   Pre-Design Conference;
         b.   Concept Plan Approval; and
         c.   PUD Master Plan Approval.
      2.   Pre-Design Conference. Prior to filing a formal application for approval of a Planned Unit development, the applicant shall schedule a pre-design conference with the planning staff. The purpose of the pre-application conference shall be to:
         a.   Allow the applicant to present a general concept and to discuss characteristics of the development concept in relation to adopted City policies.
         b.   Allow the planning staff to inform the applicant of applicable policies, standards, and procedures for the Planned Unit Development.
         c.   The pre-design conference is intended only for the above purposes. Neither the developer nor the jurisdiction is bound by any decision made during a pre-application conference.
      3.   Procedure for Concept Plan Approval (PUD Rezoning)
         a.   The Concept Plan, application for the Planned Unit Development, and written development standards shall be submitted to the Planning Director. Written development standards shall include, at a minimum, the following information:
            i.   Minimum lot size;
            ii.   Maximum height;
            iii.   Minimum setbacks;
            iv.   Maximum floor area;
            v.   Minimum open space;
            vi.   Any other relevant development standard, as determined by planning staff. The planning staff shall certify the application to be complete. Planning staff shall initiate review of complete applications by the technical review committee.
         b.   Review.
            i.   The application and the results of the review shall then be forwarded to the Plan Commission for its consideration, public hearing, and recommendations, together with the Planning Department’s report and such other documents as may be pertinent to the Planned Unit Development.
            ii.   The Plan Commission shall hold a public hearing in accordance with its Rules of Procedure.
            iii.   Where there are environmentally sensitive features on the site or the PUD master plan is expected to be complex, or there are other important planning implications involved, the Plan Commission shall review the PUD master plan. And, where the Plan Commission recommends denial of a Concept Plan and the Common Council approves the plan, the Plan Commission shall review the PUD master plan.
            iv.   Upon completion of its review, the Plan Commission shall certify the application to the Common Council with a favorable recommendation, an unfavorable recommendation, or no recommendation.
            v.   The Common Council shall vote on the proposal within ninety (90) days after the Plan Commission certifies the proposal. The Common Council may adopt or reject the proposal. If the Plan Commission has given the proposal a favorable recommendation and the Common Council fails to act on the proposal within ninety (90) days, the Ordinance takes effect as if it had been adopted as certified ninety (90) days after certification. If the Plan Commission has failed to make a recommendation or has given the proposal an unfavorable recommendation and the Common Council fails to act on the proposal within ninety (90) days , the proposal is defeated.
         c.   Effect of Approval of Concept Plan
            i.   When a PUD Concept Plan has been approved by the Common Council, the PUD zoning shall become effective and its location shall be shown on the Official Zoning Map. The Official Zoning Map shall be amended to designate the site as a Planned Unit Development.
            ii.   Upon such amendment of the Official Zoning Map, the use and development of the site shall be governed by the Planned Unit Development Concept Plan, subject to approval of a PUD master plan.
            iii.   No permit of any kind shall be issued until the PUD master plan has been approved.
         d.   PUD Master Plan.
            i.   Purpose of PUD Master Plan Approval. The purpose of the PUD master plan is to designate the controls for development of the Planned Unit Development. The PUD master plan shall show the exact location of each building and improvement to be constructed and a designation of the specific internal use or range of uses to which each building shall be put.
            ii.   Time Limit for PUD Master Plan Approval. The PUD master plan shall be submitted to the Planning Department not more than eighteen (18) months following Common Council approval of the Concept Plan. The Concept and PUD master plans may be submitted as a single plan if all requirements herein are met. The PUD master plan may be submitted and approved in stages, with each stage representing a portion of the Concept Plan, at the discretion of the Plan Commission. The time limit for submitting each stage for approval may be set forth in the Concept Plan, in which case that schedule shall control the timing of development, rather than the time period contained in this paragraph. The Plan Commission may extend the time for application for approval of the PUD master plan for good cause, consistent with the purposes of this Ordinance.
         e.   Expiration of Time Limit.
            i.   Periodically, the planning staff shall report to the Plan Commission on Planned Unit Developments whose time limits have expired. The applicants shall be notified. The Plan Commission shall determine whether to consider extending the time or to initiate action to amend the Official Zoning Map so as to rescind the Planned Unit Development designation.
            ii.   Relationship of Development and Concept Plan. The PUD master plan shall conform to the Concept Plan as approved.
            iii.   Procedure for approval of a PUD master plan shall be:
               1)   The PUD master plan and supporting data shall be filed with the planning staff.
               2)   The planning staff shall review the PUD master plan to include site plan review, in accordance with the requirements of this Ordinance (Development Plans).
               3)   If the Plan Commission has retained PUD master plan approval authority, as provided herein, or where a new PUD master plan is required, the Plan Commission shall hold a public hearing in accordance with its Rules of Procedure. The Plan Commission may approve, deny, or approve with modifications.
               4)   Staff Approval. If the Plan Commission has authorized staff to approve any PUD master plans during the PUD concept plan approval process, staff shall have approval authority for said PUD master plans. Staff decisions may be appealed by the property owner to the Plan Commission.
            iv.   Expiration of PUD master plan. The PUD master plan shall expire two (2) years after approval, unless grading and/or building permits have been obtained and site work is still current and valid on that date. This rule shall also apply to each stage of a PUD master plan approved in stages. The applicant may request an extension of time in writing, and the approving authority may extend the time limit where appropriate. Such extension may be considered at the time of PUD master plan approval.
            v.   Effect of Approval of PUD Master Plan. No permit of any kind shall be issued for any purpose within a Planned Unit Development except in accordance with the approved PUD master plan, and after acceptance by the City of all required guarantees for improvements herein.
   E.   Contents of Plans. PUD master plan and supporting data shall include all documentation listed in this subsection unless certain documentation is deemed superfluous by the planning staff due to the specific circumstances of the particular request.
      1.   Pre-Design Conference Requirements.
         a.   A written letter of intent from the applicant describing the applicant’s intention for developing the site. This letter shall set forth proposed uses and developmental standards.
         b.   A scaled drawing of the site, in simple sketch form, showing the proposed location and extent of the land uses, major streets, and the approximate location of all existing easements, natural features, and topographic or geologic constraints.
      2.   Concept Plan Requirements.
         a.   A drawing of the Planned Unit Development shall be prepared at a scale not less than 1"=50', or as considered appropriate by the planning staff, and shall show in concept major circulation; generalized location and dimensions of buildings, structures, and parking areas; open space areas, recreation facilities, and other details to indicate the character of the proposed development. The submission shall include:
            i.   A site location map.
            ii.   The name of the development, with the words “Concept Plan”.
            iii.   Boundary lines and acreage of each land use component.
            iv.   Existing easements, including location, width and purpose.
            v.   Existing land use on abutting properties.
            vi.   Other conditions on adjoining land; topography (at two (2)-foot contours) including any embankments or retaining walls; use and location of major buildings, railroads, power lines, towers and other influences; name of any adjoining subdivision plat.
            vii.   Existing streets on and adjacent to the tract, including street name, right-of-way width, walks, curbs, gutters, and culverts.
            viii.   Proposed public improvements; streets and other major improvements planned by the public for future construction on or adjacent to the tract.
            ix.   Existing utilities on the tract.
            x.   Any land on the tract within the one hundred (100)-year floodplain.
            xi.   Other conditions on the tract, including water courses, wetlands, sinkholes, wooded areas, isolated trees six inches (6") or more in diameter, existing structures and other significant features.
            xii.   Existing vegetation to be preserved and the locations, nature, and purpose of proposed landscaping.
            xiii.   Map data such as north point, scale and date of preparation.
         b.   Written Statement of Character of the Planned Unit Development. An explanation of the character of the Planned Unit Development and the reasons why it has been planned to take advantage of the flexibility of these regulations. The written statement shall be considered the proposed draft ordinance, and shall include:
            i.   A specific explanation of how the proposed Planned Unit Development meets the objectives of all adopted land use policies which affect the land in questions.
            ii.   Ownership. A statement of present and proposed ownership of all land within the project including the beneficial owners of a land trust.
            iii.   Development scheduling indicating:
               1)   Stages in which the project will be built, including the area, density, use, public facilities, and open space to be developed with each stage. Each stage shall be described and mapped.
               2)   Projected dates for beginning and completion of each stage.
            iv.   Proposed uses.
               1)   Residential Uses: gross area, architectural concepts (narrative, sketch, or representative photo), number of units, bedroom breakdown, and proposed occupancy limits for each residential component.
               2)   Nonresidential Uses: specific nonresidential uses including gross areas, architectural concepts (narrative, sketch, or representative photo), and building heights.
            v.   Facilities Plan. Preliminary concepts and feasibility reports for:
               1)   Roads.
               2)   Sidewalks.
               3)    Sanitary Sewers.
               3)   Stormwater Management.
               4)   Water Supply System.
               5)   Street Lighting.
               6)   Public Utilities.
         c.   Miscellaneous. The planning staff shall inform the applicant of any additional documents or data requirements after the pre- application conference.
         d.   Traffic Analysis. If requested by the planning staff or the Plan Commission, a study of the impact caused by the Planned Unit Development and any measures proposed to accommodate that impact.
         e.   Notification. The petitioner shall notify all interested property owners, as directed by the Plan Commission’s Rules of Procedure, of the proposed Planned Unit Development and the scheduled hearing date. Notices shall include a reduced copy of the proposed concept plan and a copy of the proposed uses section of the written statement of character of the Planned Unit Development.
      3.   PUD Master Plan Requirements. The application for PUD Master Plan approval shall include, but not be limited to, the following documents:
         a.   Such additional information as may have been required by the Concept Plan approval.
         b.   An accurate map exhibit of the entire phase for which PUD master plan approval is being requested, which complies with the requirements of this Ordinance (Development Plans). Single family residential development on individual lots need not show precise locations of buildings on each lot, but plans shall show setback and other bulk constraints.
         c.   If lands to be subdivided are included in the Planned Unit Development, a subdivision plat meeting the requirements of a preliminary plat, as modified by the Concept Plan approval, is required where platting is to be done concurrent with the PUD master plan approval.
         d.   Projected construction schedule.
         e.   Agreements and covenants which govern the use, maintenance, and continued protection of the Planned Unit Development and its common spaces, shared facilities, and private roads.
         f.   Guarantee of Performance for Completion of Improvements. A bond or other guarantee acceptable to the City shall be provided for all required improvements and shall be executed at time of permit application or platting, whichever comes first. Improvements that must be guaranteed include facilities which shall become public and may include other facilities or improvements as may be specified in the Concept or PUD master plan approval. If the project is to be built in phases, the guarantee shall specify the time for completion of improvements and shall be in an amount of one hundred twenty-five percent (125%) of the estimated cost of the improvement.
   F.   Review Considerations. In their consideration of a Planned Unit Development Concept Plan, the planning staff in its report to the Plan Commission, the Plan Commission in its recommendation, and the Common Council in its decision, shall consider as many of the following as may be relevant to the specific proposal.
      1.   The extent to which the Planned Unit Development meets the purposes of this Ordinance, the Comprehensive Plan, and any other adopted planning objectives of the City.
      2.   The extent to which the proposed plan meets the requirements, standards, and stated purpose of the Planned Unit Development regulations.
      3.   The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to the density, dimension, bulk, use required improvements, and construction and design standards and the reasons which such departures are or are not deemed to be in the public interest.
      4.   Whether proposal will not be injurious to the public health, safety, and general welfare.
      5.   The physical design of the Planned Unit Development and the extent to which it makes adequate provision for public services, provides adequate control over vehicular traffic, provides for and protects designated permanent open space, and furthers the amenities of light and air, recreation, and visual enjoyment.
      6.   The relationship and compatibility of the proposed plan to the adjacent properties and neighborhood, and whether the proposed plan would substantially interfere with the use or diminish the value of adjacent properties and neighborhoods.
      7.   The desirability of the proposed plan to the City’s physical development, tax base, and economic well-being.
      8.   The proposal will not cause undue traffic congestion and can be adequately served by existing or programmed public facilities and services.
      9.   The proposal preserves significant ecological, natural, historical, and architectural resources to the extent possible.
   G.   Changes in the Planned Unit Development.
      1.   Changes Requiring New Concept Plan Approval by the Common Council. Changes which alter the concept or intent of the Planned Unit Development including but not limited to:
         a.   Significant changes in the proportion or allocation of land uses;
         b.   Changes in the list of approved uses;
         c.   Changes in the location of uses;
         d.   Changes in functional uses or open space, where such change constitutes and intensification of use of the open space; and/or
         e.   Changes in the final governing agreements where such changes conflict with the Concept Plan approval.
      2.   The following changes are considered major modifications to the PUD master plan and shall require new PUD master plan approval by the Plan Commission. Major modifications shall include, but are not limited to, the following:
         a.   Changes in site design requirements such as location of required landscaping, signage, building height, cube and/or footprint, or other such requirements of this Ordinance;
         b.   Increases in the number or size of signs;
         c.   Reduction in landscaping;
         d.   Reduction of parking spaces or setbacks by five percent (5%) or more;
         e.   Increase in building square footage or height of ten percent (10%) or more;
         f.   Density increases by ten percent (10%) or more;
         g.   Changes to the internal street system or off-street parking areas which the City Engineer considers to be significant;
         h.   Significant changes in drainage management structures, as determined by the City Engineer;
         i.   Changes in access to the development site, where such change amounts to an intensification in the traffic patterns of roadways; and/or
         j.    All other changes not expressly addressed under subsection G.2. shall require new PUD master plan approval by the Plan Commission.
      3.   The following changes are considered minor modifications to the PUD master plan and may be approved by the Planning Director. The Planning Director may choose to send a minor modification request directly to the Plan Commission, if in his opinion it would be in the best interest of the community, or if the request appears to be controversial. The Planning Director’s decision may be appealed to the Planning Commission by the property owner. Minor modifications shall include, but are not limited to, the following:
         a.   Changes in lot arrangements which are not detrimental to the proposed thoroughfare pattern of the development;
         b.   Substitutions of plants which are considered by the Planning Director to be equivalent to those shown on the Plan Commission approved PUD master plan;
         c.   Reduction of parking spaces or setbacks by less than five percent (5%);
         d.   Increase in building square footage or height by less than ten percent (10%);
         e.   Addition of buildable lots that result in density increases of less than ten percent (10%);
         f.   Changes to the internal street system or off-street parking areas, which are considered minor by the City Engineer;
         g.   Minor changes in drainage management structures, as determined by the City Engineer;
         h.   Changes in access to the development site, where such change amounts to a reduction in intensity in the traffic patterns of roadways, as determined by the City Engineer.
(Ord. 20-29, § 2, 9-21-20)
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