Loading...
(A) Intent. The purpose of these sight visibility standards is to contribute to a safe vehicular and pedestrian transportation system by ensuring clear visibilities at street intersections and the vehicle entrances to properties.
(B) General sight visibility standards applicable to all zoning districts.
(1) Sight visibility triangle required. All properties shall maintain an area (the "sight visibility triangle") at every intersection of an adjoining street with other streets and entrance drives. The sight visibility triangle shall be free of structures, vegetation (including crops), signs (other than street signs), and other opaque or partially opaque objects between a height of two and one-half and 12 feet measured from the nearest top-of-curb (or edge of pavement where curbs are not present).
(2) Sight visibility triangle dimensions. The sight visibility triangle shall be established by connecting points located along the intersecting rights-of-way (or edge of pavement in the case of entrances). The dimensions of the triangle vary dependent on criteria (such as speed design) as stipulated in the Geometric Design of Highways and Streets by the AASHTO (American Association of State Highway and Transportation Officials) latest edition, for intersection sight distance.
(Ord. 2007-1B, passed 2-5-07)
(A) Intent. The purpose of these telecommunication facility standards is to provide for adequate, reliable public and private telecommunications service while maximizing the use of transmission towers and tower sites. These requirements also seek to minimize the adverse, undesirable visual impact of towers through minimizing needed towers and tower sites, careful design and siting, and screening.
(B) General telecommunication facility standards applicable to all zoning districts.
(1) Required approvals. The placement of telecommunications facilities shall meet the following approval requirements:
(a) Installation of new antenna. The installation of new antenna(s) on existing towers, including legal non-conforming towers, and existing alternative structures (such as water towers, buildings, or church steeples) may be approved by the Planning Director subject to conformance with all applicable requirements of this chapter. New antenna that will add any height to an existing tower, or extend over ten feet above the highest point of any alternative structure shall be subject to the provisions of this section for the installation of new towers as described.
(b) Installation of new accessory structures. The installation of new accessory structure(s), such as equipment buildings, to support the installation of antenna on existing towers or alternative structures may be approved by the Planning Director subject to conformance with the applicable requirements of this chapter.
(c) Installation of new tower. The installation of any new tower(s) shall be reviewed either by the Planning Director in the case of a permitted use or by the Board of Zoning Appeals as a special exception use consistent with the provisions of this section and §§ 156.020 et seq.
(2) Abandonment. Abandoned or unused towers or portions of towers shall be removed as follows: The owner of a wireless facility shall file annually a declaration with the Plan Director or his or her duly authorized designee as to the continuing operation of every facility installed subject to these regulations, and purchase a occupancy permit under the guidelines of § 156.100. In addition, the owner shall file annually a certificate of insurance from the owner's insurance carrier annually a certificate of insurance from the owner's insurance carrier listing Hancock County and the Hancock County Commissioners as additional insureds for the purposes of general liability with regard to bodily injury, personal injury and property damage from all possible risks in an aggregate amount of not less than $5,000,000 per incident with a further provision that said insurance carrier shall notify the Hancock County Commissioners 30 days in advance of either cancellation and/or non-renewal of said policy of insurance. Failure to do any of the above requirements shall be determined to mean that the facility is no longer in use and considered abandoned, thus subject to the following:
(a) Removal. All abandoned or unused towers and associated facilities shall be removed within 180 days of the cessation of operations at the site unless a time extension is approved by the Plan Director or his or her duly authorized designee. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at a site shall be submitted at the time of application. In the event that a tower is not removed within 180 days of the cessation of operations at a site, the tower and associated facilities may be removed by the county and the costs of removal, enforcement including attorney's fees shall be assessed against the property; and/or the property owners.
(b) Time constraint. Unused portions of towers above a manufactured connection shall be removed within 180 days of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new wireless facility permit.
(3) Required documentation. In addition to the requirements provided elsewhere in this chapter for the receipt of a special exception approval and an improvement location permit, applications for new towers shall include the following:
(a) Engineer's report. A report from a professional engineer licensed in the State of Indiana that:
1. Describes the tower height and design including a cross-section, latitude, longitude, and elevation;
2. Documents the height above grade for all potential mounting positions for co-located antenna and the minimum separation distance between antenna;
3. Describes the tower's capacity, including the type and number of antenna it can accommodate;
4. Documents what steps the tower owner will take to avoid interference with established public safety telecommunication facilities; and
5. Includes an engineer's stamp and registration number.
(b) Letter of intent. A letter of intent committing the tower owner, property owner, and their successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.
(c) Proof of compliance. Proof of compliance with all applicable Federal Communications Commission (FCC), Federal Aviation Administration (FAA) and Indiana Department of Transportation (INDOT) regulations, provided by those agencies.
(d) Removal affidavit. A letter committing the property owner and their successors to remove the tower and all related accessory structures, fences, landscaping, and equipment if the tower is abandoned (unused for a period of one year).
(e) Additional insured. The tower owner shall name Hancock County as an additional insured.
(f) Determination of new tower need. Any proposal for a new telecommunications tower shall only be approved if the applicant submits verification from a professional engineer licensed in the State of Indiana that the antennas planned for the proposed tower cannot be accommodated on any existing or approved towers or other structures within a two mile radius of the proposed tower location due to one or more of the following reasons:
1. Inadequate structural capacity. The antennas would exceed the structural capacity of the existing or approved tower or other structure, and the existing or approved tower, building or other structure cannot be reinforced, modified, or replaced to accommodate the antennas at a reasonable cost.
2. Interference. The antennas would cause interference impacting the usability of other existing or planned equipment at the tower site and the interference cannot be prevented at a reasonable cost.
3. Inadequate height. The existing or approved towers or structures within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably.
4. Unforeseen circumstances. Other unforeseen reasons that make it unfeasible or impossible to locate the planned telecommunications equipment upon an existing or approved tower or structure.
5. Commonly reasonable lease agreement. The proposed tower owner is unable to enter a commonly reasonable lease term with the existing tower owner or land owner.
6. Land availability. Additional land area is not available (when necessary).
(4) Design requirements. All telecommunications facilities shall meet the following design requirements:
(a) Contextual design. Towers and antennas should generally be designed to blend into the surrounding environment through the use of color, camouflaging and architectural treatment, except in an instance where the color is dictated by federal or state authorities such as the Federal Aviation Administration.
1. Wireless telecommunication towers should generally be of a monopole design and, when located within or adjacent to an environmentally or aesthetically sensitive area, or a residential district, be designed to architecturally camouflage the wireless telecommunication tower as much as reasonably practical to blend into the surroundings.
2. The use of residentially compatible materials such as wood, brick, or stone is required for associated accessory structures, which shall be designed to architecturally match the exterior of any adjacent residential or commercial structures within the neighborhood or area.
(b) Lighting. Only when lighting is for safety or security reasons or required by the FAA or other federal or state authority will it be permitted. All ground level security lighting shall be oriented inward so as not to project onto surrounding properties, and shall have 90 degree cut-off luminaries (shielded downlighting).
(c) Co-location. All telecommunication towers shall be designed, and engineered structurally, electrically and in all other respects to accommodate both the applicant's equipment and at least one additional user for every 50 feet in total tower height in excess of 75 feet.
1. Each additional user shall be assumed to have an antenna loading equal to that of the initial user.
2. Towers must be designed to allow for rearrangement of antennas and to accept antennas mounted at varying heights.
(d) Tower height. All towers and antenna shall conform with all FAA tall structure requirements. Tower height shall be expressed as, and measured from, ground level in all instances.
1. In the Commercial (C) zoning districts and Institutional zoning districts the maximum height of the tower shall be 150 feet. The maximum height of any accessory structure shall be 15 feet.
2. In the Industrial (I) and Agriculture zoning districts the maximum height of the tower shall be 200 feet. The maximum height of any accessory structure shall be 15 feet.
(e) Interference with public safety facilities. No new telecommunications facility shall result in any interference with public safety telecommunications.
(f) Signs. Signs for all telecommunications facilities shall be on site and limited to two square feet per user.
(5) Site requirements. All telecommunications facilities shall meet the following site requirements:
(a) Residential areas. No tower shall be placed closer than 500 feet to any property included in a residential zoning district.
(b) On-site staff. All telecommunications facilities shall be fully automated and unattended on a daily basis, and shall be visited only for periodic maintenance and emergencies.
(c) Vehicular access. Vehicular access to the tower and equipment building shall, whenever feasible, be provided along existing driveways. Vehicle access drives shall be gravel in the Residential, Rural (RR) and Agriculture (A) zoning districts, and paved in all other zoning districts. Any portion of the entrance located in a public right-of-way shall meet the applicable public street design, construction, and pavement requirements.
(d) Site area. The lot where the tower is located (or lease area) shall be large enough to accommodate all future anticipated accessory structures needed by future antenna users. The size of the site shall also be of sufficient area to allow the location of one additional tower and associated support facilities. At a minimum, the width and depth of the tower site shall be a distance equal to one-half the tower height.
(e) Setback. The minimum front, side, and rear yard setback for all towers shall be 50 feet from all property lines. No part of a wireless telecommunications facility, including the security fence, any required guide wires or bracing, and required landscape screening shall be permitted in any required front yard setback. Landscape screening in addition to the requirements of this section may be provided in the setback area.
(f) Encroachment. No part of any wireless telecommunications facility nor associated lines, cables, equipment, wires or braces shall at any time extend across or over any part of a public right-of-way, street, highway, sidewalk, or property line.
(g) Fencing. An eight-foot high security fence shall completely surround the tower and accessory equipment building site.
1. An area ten feet in width shall remain outside of the fence for the purpose of providing the landscape screening described in division (B)(5)(h) below.
2. In all zoning districts, the required security fence enclosing the facility shall be 100% opaque and of wood, brick, or stone construction. Opaque eight-foot tall wooden gates shall be provided to access the facility.
(h) Landscape screening. Evergreen buffer plantings shall be located around the outermost perimeter of the security fence of all wireless telecommunications facilities, including any wires and anchors.
1. If evergreen hedges are used they shall be a minimum of two feet tall at the time of planting (measured from ground level) and shall be planted a maximum of three feet on center.
2. If evergreen trees are used they shall be a minimum of five feet tall at the time of planting (measured from the top of the rootball), and shall be planted a maximum of ten feet on center.
3. Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
(i) NOTE: All telecommunications facilities shall be considered accessory uses for the purposes of this chapter.
Sight Design Requirements
(6) Construction requirements. All antennas, towers and accessory structures shall comply with the following construction requirements:
(a) General state/federal requirements. All facilities shall meet the applicable provisions of the Building Code of the State of Indiana and the Federal Communications Commission.
(b) Wind loading/building code requirements. All facilities shall meet the structural standards and wind loading requirements of the applicable building code.
(c) Electrical requirements. All facilities shall meet the accepted electrical engineering methods and practices and comply with the provisions of the National Electrical Code.
(d) OSHA requirements. All facilities shall meet the requirements of Occupational Safety and Health Administration.
(e) Engineer's certification. An engineer's certification shall be submitted to document and verify the design specifications including but not limited to, the foundation for the tower, anchors for the guy wires if used, co-location, and strength requirements for natural forces; ice, wind, earth movements, etc.
(f) FAA requirements. All facilities shall conform with all lighting and marking requirements of the Federal Aviation Administration.
(7) Existing facilities. The following shall apply to existing antennas and towers:
(a) Replacement of existing towers. Existing legal nonconforming towers may continue in use for their current purpose but may not be replaced unless either the replacement tower is an exact match to the height, setback, and other features of the removed tower, or the replacement tower complies in all respects to the requirements in this chapter. If such towers are hereafter damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former location and physical dimensions upon obtaining an improvement location permit.
(b) Expansion of existing facilities. Any expansion resulting from a specific co-location shall be exempt from the provisions of § 156.090(C) that requires conformance with this chapter in the case of substantial expansions.
(c) Installation of additional antennas. Any request submitted to the Board of Zoning Appeals to install an antenna to be located on an existing approved or "grandfathered" tower shall require an improvement location permit, a copy of the contract between the applicant company and the owner of the tower, and all required documentation. If the antenna will add height to an existing tower or exceed the height of any alternative structure by more than ten feet it shall be considered a new tower for the purposes of this section.
(Ord. 2007-1B, passed 2-5-07)
(A) Intent. The purpose of these fence and wall standards is to provide minimum requirements in order to provide adequate light, air circulation, and privacy; and to protect the public welfare by preventing visual obstructions along public ways.
(B) General fence and wall standards applicable all zoning districts.
(1) General requirements. Fences and walls shall be permitted in all zoning districts without a permit subject to conformance with the following requirements:
(a) Structural face. All fences and walls shall present the nonstructural face outward.
(b) Drainage. No fence or wall shall disrupt the flow of water in any drainage easement, or otherwise result in impediments for storm-water runoff. Any fence or wall located in an easement may be removed by the easement holder when accessing the easement.
(c) Setbacks. All fences and walls may be permitted up to a property line except as noted in this chapter. No fence or wall may be placed in any right-of-way or required sight visibility triangle, see § 156.072. Fences and walls within the easement of a drain, pond, and/or lake shall require the approval of the County Surveyor and/or County Highway Engineer.
(d) Buffer yards. No fence or wall may be placed in any required buffer yard that does not specifically provide for the inclusion of fences.
(e) Materials. Fences and walls shall be constructed of wood, decorative metal, masonry or synthetic materials styled to simulate natural materials.
(2) Height exceptions. Fences specifically required by this chapter for screening, telecommunications facilities, or other purposes may exceed the maximum heights established by this section consistent with the appropriate specific requirements of this chapter.
Fence Height Measurement
(3) Height measurement. The height of a fence shall be determined by measuring from the adjacent grade to the highest point of the fence, excluding fence posts. Fence posts may exceed the maximum height of the fence by up to one foot.
(4) Swimming pools, private, shall be designed and installed in conformance with 675 IAC 20.
(C) Residential fence and wall standards applicable to agricultural, and residential land uses.
(1) Height requirements. Residential fences and walls shall not exceed six feet in height in any side or rear yard or 3.5 feet (42 inches) in height in any front yard. Front yard fence shall be at least 50% transparent. For the purposes of this requirement, the front yard shall be defined as the area located between an adjacent street and the wall of the primary structure that faces it. Agricultural fences shall be exempted from these standards.
(2) Prohibited fences. All electrified, barbed wire, razor wire, and stockade fences are prohibited on all non-farm property. Chainlink fences are prohibited in the front yard in residential districts. In no instance shall this be interpreted as prohibiting the use of invisible fences.
Front Yard Fence Height
(D) Non-residential fence and wall standards applicable to communications/util ities, commercial, institutional, and industrial land uses.
(1) Height standards. Fences and walls located within the front yard setback area along a public road frontage shall not exceed 48 inches in height. All other fences and walls shall not exceed eight feet in height.
(2) Architectural standards. Fences and walls located within the front yard setback area along a public road frontage shall be decorative. Such fences and walls shall include complimentary landscaping with breaks by variation in height, columns, recesses, and projections. The maximum uninterrupted length of such fences and walls, without breaks, shall be 100 feet.
(3) Exemptions. Fences for athletic facilities such as ball diamonds, tennis courts and driving ranges shall be exempt from the height and architectural standards of this section.
(4) Prohibited fences. Electrified, barbed wire, razor wire, and stockade fences shall be prohibited on all non-farm property. Industrial uses, communications/utilities, and penal and correctional facilities shall be exempt from this standard.
(Ord. 2007-1B, passed 2-5-07; Am. Ord. 2007-6A, passed 6-4-07; Am. Ord. 2014-5D, passed 4-22- 14; Am. Ord. 2015-8A, passed 8-4-15)
(A) General landscape standards.
(1) Intent. The purpose of these landscaping standards is to reflect the essential role that landscape materials play in the improvement of every property. These minimum requirements for plantings benefit the public welfare by enhancing the biodiversity, reducing the atmospheric carbon, improving water quality, filtering the air, and reducing the heat island effect of development. These landscape standards also increase the compatibility of adjacent land uses to minimize the harmful impacts of noise, dust, headlight glare, artificial light intrusions, and other incompatible uses and activities.
(2) Applicability. This section shall apply to all zoning districts and uses. Additional requirements for single-family residential developments can be found in this chapter.
(3) Land use categories. The land use categories referenced in this section shall correlate to the categories in § 156.021.
(5) Refer to the list of approved tree species (Appendix 1), and examples of buffer yard installations (Appendix 2), at the end of this section.
(6) General requirements.
(a) All applications and improvement location permits require the submittal and approval of a landscape plan. Permits shall not be issued without an approved landscape plan.
(b) The final certificate of occupancy shall not be issued until the entire landscape plan is implemented as approved. If a temporary certificate of occupancy is requested prior to the installation of plantings, a surety bond of 110% of the value of landscape material and labor shall be posted with the county. This bond shall be released when the final certificate of occupancy is issued.
(c) Changes to the landscape plan after approval shall be resubmitted to the Planning Department for administrative review. Changes shall be noted using a revision cloud on any portion of the plan that has changed and a narrative describing what the changes are and why they have been made.
(d) When a calculation results in a portion, anything over 0.5 shall be rounded up to the nearest whole number. Anything less than 0.5 shall be rounded down to the nearest whole number
(7) Submittal plan requirements.
(a) All landscape plans that affect more than 1,500 s.f. and/or more than 5% of the total site acreage shall be prepared and stamped by a licensed professional landscape architect in good standing in the State of Indiana.
(b) Submittal plans shall include the following information:
1. North arrow and scale;
2. Name and contact information of the owner;
3. Existing and proposed buildings on the site and on adjacent parcels;
4. Existing property line, easements, ROW lines, above and below grade utilities, vegetation, and grading;
5. Proposed easements, above and below grade utilities including light pole locations, and grading including berming and swales;
6. Proposed plant material, including location, type, botanical name with cultivar designation, common name, quantity and size at time of planting; and
7. Ordinance chart documenting all landscape requirements and calculations for each landscape provision required on the site, including what is required per the ordinance and what is provided on the plan. If the provided amount of landscape material is less than what is required, provide an explanation for the lesser amount.
(c) Submittal plans shall include provisions for the following types of landscaping, as applicable:
1. Overall site requirements;
2. Building base requirements;
3. Parking lot perimeter requirements;
4. Parking lot interior requirements;
5. Screening requirements; and
6. Buffer requirements.
(d) Sight distance triangles shall be placed on the landscape submittal plan per § 156.072.
(8) Plant requirements.
(a) The following minimum plant sizes shall be provided with new landscape installations:
1. Shade tree: 12 feet tall and 2.5 inch caliper as measured 12 inches above the root ball.
2. Clump form shade tree: 12 feet tall as measured from the top of the root ball and a minimum of three stems.
3. Evergreen tree: six feet tall as measured from the top of the root ball.
4. Ornamental tree: six feet tall and 1.5 inch caliper as measured 12 inches above to root ball.
5. Clump form ornamental tree: six feet tall as measured from the top of the root ball and a minimum of three stems.
6. Shrubs: 18 inch height as measured from the top of the root ball or 24 inch spread across the narrowest length of the shrub.
(b) Plant substitutions shall be allowed as follows:
1. One evergreen tree can substitute for three shrubs within a buffer yard condition
2. Ornamental trees can substitute for shade trees when overhead utilities are present in a buffer yard or parking perimeter condition.
3. Ornamental grasses at least three feet in height at maturity can substitute for up to 40% of the shrub requirement in all conditions.
(c) To encourage diversity, no more than 20% of any one given plant species shall be proposed on a site, or a minimum of three species shall be used for small scales projects.
(d) Plants identified as invasive by the State of Indiana shall not be installed for any reason in any development. This provision applies to all invasive species regardless of invasive rank or Indiana legal status. Any site renovation that affects more than one-third of the total acreage or increases the building square footage by more than 33% shall remove all existing plant material identified as invasive and be replaced with native or non-invasive species.
(e) No trees or plants shall be placed under overhead utility lines or within utility easements unless approved in writing by the specific utility provider or intended to be part of the best management practice for a drainage swale or bioretention system.
(f) Plants shall not be placed within a right-of-way (ROW) without written permission from the County Highway Engineer or Indiana Department of Transportation.
(9) Site design requirements.
(a) When existing trees that are greater than eight inch caliper are present on a site, the site plan shall be developed in a way to preserve no less than 50% of the existing healthy and non-invasive tree canopy. Development shall be defined as any pavements, buildings, grading, drainage, and infrastructure required to provide a functioning site. Existing trees can be used towards meeting the requirements of this section.
(b) New tree and shrub arrangements shall be developed to accommodate plant growth, maintain clearances, and minimize unsafe conditions.
1. Canopy and ornamental trees shall be placed to ensure at maturity a minimum of ten feet is provided between the tree trunk and structures, buildings, overhangs, wells, fences, and other trees.
2. Evergreen trees shell be placed in a staggered configuration to provide intended screening but avoid crowding. Inadequate air flow and shading of bottom branches causes disease and loss of needles on the bottom branches.
3. Shrubs shell be placed to allow for a minimum of two-foot clearance at maturity when adjacent to a parking space to accommodate vehicle overhand and opening doors.
4. No trees or shrubs shall be planted within ten feet of a hydrant or FDC standpipe to ensure the minimum three-foot clearance is available when the plant is mature.
5. Trees shall be a minimum of 15 feet from all light poles.
6. Evergreen trees shall be planted a minimum of 20 feet from a parking lot edge and 35 feet from a sidewalk or pedestrian path.
(c) No more than 30% of the site shell utilize stone or aggregate mulch as a ground cover or base around plantings. Lawn or an alternate living ground cover shall be provided in all other areas. Wood mulch shall be replaced and lawn areas shall be repaired to ensure bare ground is not left exposed for more than a three-month period.
(d) Stands of native plantings, including bioswales and prairie plantings, shall be encouraged in lieu of typical lawn. These areas shall be maintained to minimize weed species, including Canadian thistle, cat tails, Queen Anne's lace, clover, and other species that outcompete native forbs and grasses. Areas of native plantings shall be mown annually.
(e) Parcels located within the Airport Overlay District, as defined in § 156.043, shall follow all FAA planting restrictions and guidelines for plant spacing, species selection, and ground cover requirements. The FAA planting restrictions supersede requirements found within the zoning section, but they do not relieve the owner from meeting the intent of this landscape section.
(10) Maintenance requirements.
(a) All plant material shall have a one year warranty and shall be replaced if dead, diseased, dying, or otherwise removed before the end of the first year following issuance of the final certificate of occupancy.
(b) Unless otherwise dictated by FAA guidelines, all plant material shall be allowed to:
1. Grow to its intended size and form; and
2. Mass together into hedges.
(c) Trees that are "topped" shall be removed and replaced with an equivalent number of caliper inches of new trees.
(d) Shrubs that are sheared into individual plants shall be supplemented with a second row of the same shrub, staggered to fill in the bare spaces.
(e) Trees that pose a safety concern due to poor health, poor form, or inappropriate location shall be removed, relocated to a more appropriate location, trimmed under the direction of a certified arborist, or replaced with a more appropriate species for the area.
(B) Overall site landscape requirement.
(1) General.
(a) All plant material provided to meet other provisions of this section shall be counted toward the overall site landscape requirement calculation.
(b) When existing stands of trees are used to meet this requirement, the square foot area occupied by healthy, non-invasive trees to be saved and protected during construction shall be subtracted from the overall site acreage.
(2) Overall Site Landscape Requirements Table.
Overall Site Landscape Requirements
| |
Land Use Category | Provide |
Overall Site Landscape Requirements
| |
Land Use Category | Provide |
Agriculture | None |
Communications/utilities | 8 trees/acre |
Single-family and duplex residential | 1 tree/3,500 s.f. |
Multi-family residential or manufactured home park | 8 trees/acre |
Institutional | 5 trees/acre |
Park | 5 trees/acre |
Commercial | 5 trees/acre |
Industrial | 8 trees/acre |
Airport District* | 3 shade trees/acre |
* Per FAA guidelines, parcels located within the flight path of the airport shall be restricted by plant spacing, type and species. | |
(C) Building base requirement.
(1) Multi-family and commercial uses.
(a) Provide one shade or ornamental tree/30 l.f. of the building perimeter. Trees can be grouped but no more than 60 l.f. between trees. Trees shall be planted to soften the building but shall be planted a minimum of ten l.f. from the structure.
(b) For façades facing a public ROW, provide a planting bed area equivalent to the length of the façade x four s.f. Beds shall include shrubs, ornamental grasses, and perennials and shall be coordinated with architectural features, including windows, entrance walks, plazas, outdoor dining areas, and porches.
(c) For side and rear façades, provide one shrub or ornamental grass/ten l.f. of building perimeter. Shrubs shall be grouped into planting beds and not spaced at ten feet o.c.
(2) Institutional uses.
(a) Provide one shade or ornamental tree/50 l.f. of building perimeter.
(b) For all façades facing a public ROW, provide one shrub/25 l.f. Shrubs shall be grouped into planting beds and not spaced at 25 feet o.c.
(3) Industrial uses. Provide one shade or ornamental tree/50 l.f. of building perimeter that does not contain loading dock doors.
(D) Parking lot requirements.
(1) These requirements apply to:
(a) Parking lot installation or expansion areas.
(b) Parking lot expansions that increase the impervious surface area by more than 33% shall require the entire parking lot to be brought up to current zoning requirements.
(2) Parking lot perimeter.
(a) Parking lots facing a public ROW or a residential zone/use shall provide one shade tree and ten shrubs/30 l.f.
1. Shrubs shall be arranged in a manner to provide 100% screening of the edge of the parking lot spaces.
2. Shrub species selections shall be able to reach a mature height of 42 inches and shall be maintained as a continuous hedge condition.
3. Evergreen shrubs shall make up 50% of parking perimeter shrubs
(b) Parking drive lanes facing a ROW or a residential zone/use shall provide one shade tree and five shrubs/30 l.f.
(c) Parking lots dedicated to the sale of motor vehicles or fronting an interstate ROW are exempt from the parking perimeter shrub requirement of this section.
(d) When parking lot edges are located within 50 feet of a buffer yard condition, the stricter requirement shall be provided.
(3) Parking lot interior.
(a) Provide one shade tree and three shrubs/15 parking spaces.
(b) Parking lot interior plantings shall be located within islands, medians, traffic delineators, or other areas that have pavement on a minimum of two sides.
(c) Trees shall have a minimum of 200 s.f. of soil as measured from the back of curb and be dispersed evenly throughout the parking lot.
(d) No parking space shall be further then 70 l.f. from the trunk of a shade tree.
(e) Shrubs shall be grouped to avoid damage from car doors and car overhangs.
(f) All parking lot interior plantings shall be protected with a curb.
(E) Screening.
(1) Screening comprised of a minimum six-foot tall opaque screen made of masonry walls, berms and other solid, opaque materials that absorb noise shall be provided for the entire length of the following conditions when facing a public ROW or a residential zone/use. These screen elements shall be softened using plant material as defined under division (F) below regarding buffers:
(a) Loading docks, including area required for truck circulation and unloading staging;
(b) Dumpsters and refuse collection areas;
(c) Trailer storage not intended for sales; and
(d) Equipment/material/service storage yard.
(2) Screening comprised of walls, evergreen shrubs and trees, parapets, mounding, opaque fencing, other screening elements, or the combination of these items shall be provided for the following conditions when facing a public ROW or residential zone/use. Access for maintenance shall be incorporated into the design of the space:
(a) Ground-mounted utility units;
(b) Meter banks;
(c) Transformers; and
(d) Mechanical equipment.
(F) Buffers.
(1) Buffer yard table. The buffer yard table below identifies the required buffers based on the use of the proposed site (along the top row) in comparison to the use of adjacent sites (along the first column). The number indicating where the two uses meet corresponds to the buffer yard minimum requirements table in division (F)(3) below.
(2) Planting locations. Subject to Planning Director approval, buffer yard plantings may be placed outside the minimum buffer yard width as noted in the buffer yard minimum requirements table in division (F)(3) below, provided such plantings are located between the right-of-way line and the building façade.
Adjacent Site Use |
Proposed Site Use | |||||||
Adjacent Site Use |
Proposed Site Use | |||||||
Agriculture | Communications/Utilities | Single Family and Duplex | Multi-Family | Institutional/Public | Parks | Commercial | Industrial | |
Agriculture | None | None | None | Non e | None | No ne | None | None |
Communications /utilities | None | None | None | 1 | 1 | 1 | 1 | None |
Single-family and duplex | None | 3 | 1 | 3 | 3 | 3 | 3 | 4 |
Multi-family | None | 2 | 1 | 1 | 2 | 2 | 3 | 4 |
Institutional/publ ic | None | 2 | 1 | 2 | 1 | 1 | 2 | 3 |
Park | None | 2 | 1 | 1 | 1 | 1 | 2 | 2 |
Commercial | None | 2 | 2 | 1 | 1 | 1 | 1 | 2 |
Industrial | None | 1 | 2 | 1 | 2 | 1 | 1 | 1 |
(3) Buffer Yard Minimum Requirements Table.
Minimum Yard Width* | Shade or Evergreen Trees | Ornamental Trees | Large Shrubs | ||
Front | Side/Rear | Number of Plants per 100 L.F. | |||
1 | 5 feet | 10 feet | 2 | 0 | 0 |
2 | 10 feet | 20 feet | 4 | 1 | 10 |
3 | 15 feet | 25 feet | 6 | 1 | 15 |
4 | 30 feet | 30 feet | 8*** | 2 | 6 foot tall screen** |
* Yard widths are in addition to setback requirements. ** Refer to division (E) for wall requirements. *** At least 50% of trees are to be evergreen species. | |||||
APPENDIX 1
Approved Shade Trees | ||
Botanical Name | Common Name | Suitable for Parking Islands |
Approved Shade Trees | ||
Botanical Name | Common Name | Suitable for Parking Islands |
Acer saccharum | Sugar maple | no |
Aesculus spp. | Ohio buckeye/horse chestnut | no |
Betula nigra | River birch | no |
Carpinus betulus | European hornbeam | yes |
Carpinus caroliniana | American hornbeam | no |
Carya spp. | Hickory tree | no |
Catalpa speciosa | Catalpa | no |
Celtis occidentalis | Hackberry | no |
Cercidiphyllum japonicum | Katsura tree | no |
Cladastris lutea | Yellowwood | yes |
Corylus colurna | Turkish Filbert | yes |
Fagus spp. | Beech tree | no |
Fagus sylvatica 'Roseo-marginata' | Tri-colored beech tree | no |
Ginkgo biloba (male species) | Ginkgo | yes |
Gleditsla triacanthos inermis | Thornless honeylocust | yes |
Liquidambar styraciflua | Sweetgum | no |
Lirodendron tulipifera | Tulip tree | no |
Magnolia spp. | Magnolia | no |
Nyssa sylvatica | Sourgum tree | no |
Platinus x acerifolla | London plane tree | no |
Quercus spp. | Oak species | no |
Taxodium distichum | Bald cypress | yes |
Tilia cordata | Little leaf linden | yes |
Tilia tomentosa | Silver linden | yes |
Ulmus cultivars spp. | Elm cultivars | yes |
Zelkova serrata | Zelkova species | yes |
Acer griseum | Paperbark maple | no |
Amelanchier spp. | Serviceberry | yes |
Cercis canadensis | Eastern redbud | no |
Cornus spp. | Pagoda dogwood | no |
Cotinus obovatus | American smoketree | no |
Craetagus crus-galli inermis | Thornless hawthorn | no |
Koelreuteria paniculata | Golden rain tree | no |
Syringa reticulata | Japanese tree lilac | yes |
Approved Evergreen Trees
| ||
Juniperus virginiana | Eastern red cedar | |
Thuja occidentalis | White cedar | |
Tsuga canadensis | Hemlock | |
Picea spp. | Spruce tree | |
Pinus spp. | Pine species | |
APPENDIX 2: Buffer Yard Illustrations
(Ord . 200 7-1B, pass ed 2-5- 07; Am. Ord. 2015- 12C, passed 12- 1-15; Ord. 2022-1 0I, passed 10-1 8-22)
(A) General lighting standards.
(1) Intent. These exterior lighting standards protect the public safety and the general welfare of the community by reducing unsafe and unpleasant lighting conditions, such as light trespass and light pollution, while also promoting the safe and efficient movement of vehicles and pedestrians and the security of local properties.
(2) Applicability; general exterior lighting standards applicable to all new or replaced lighting in all zoning districts. The following shall be prepared by a certified lighting specialist:
(a) A photometric plan, with fixture details, with each application for an improvement location permit that requires a development plan; and
(b) A photometric report prior to issuance of the occupancy permit that verifies compliance with the lighting requirements of this section.
(3) General requirements. All exterior lighting shall conform with the following general requirements:
(a) Mounting height measurement. The mounting height of all light fixtures shall be defined as the vertical distance between the grade level of the surface being illuminated and the top of the lighting fixture (luminaire).
(b) Use of timers and dimmers. Wherever practicable, exterior lighting shall include timers, dimmers, and/or sensors to reduce overall energy consumption and eliminate unneeded lighting.
(c) Electrical service. The electrical service to all outdoor lighting fixtures shall be buried underground unless the fixtures arc mounted directly on buildings or utility poles.
(d) Holiday lighting. Seasonal holiday lighting shall be exempt from the provisions of this section.
(e) Light trespass. Light trespass into the night sky and onto neighboring properties shall be minimized with the use of dark sky approved fixtures and appropriate lighting design.
(B) Lighting requirements.
(1) Lighting shall be designed to provide the minimum lighting necessary to ensure adequate vision, comfort, and safety for travel ways and parking areas, while avoiding glare and direct illumination of adjacent properties or streets. These lighting requirements shall apply also to interior drives and other areas on the property used by vehicles.
(2) Light fixtures shall be:
(a) Full cutoff when adjacent to a residential use, including multi-family and approved as a “dark sky” fixture; and
(b) Full cutoff or cutoff fixture when adjacent to industrial, commercial, or institutional uses, and shall be approved as a "dark sky" fixture.
(3) Lighting requirements.
(a) Maximum color temperature of light: 3,500 Kelvin.
(b) All light sources for commercial, institutional, and industrial uses that do not have 24-hour operating hours shall be dimmable and connected with a timer and motion sensor.
(c) Maximum foot candles at the site boundary for all light sources, including but not limited to parking lots, display lots, building canopies, monument and building signs, building wash and accent, recreation field, and security:
1. Adjacent to industrial, commercial, or institutional uses: 0.5 foot candles.
2. Adjacent to agricultural or residential uses, including multi-family: 0.2 foot candles.
(d) The minimum mounting height for street and parking lot light fixtures shall be as follows:
1. Twenty feet within agricultural, single-family residential, and multi-family residential use sites.
2. Twenty-five feet within commercial and institutional use sites.
3. Thirty feet within industrial use sites.
(C) Canopy requirements. Lighting levels under canopies for gas stations, convenience stores, drive-up banking centers, and similar conditions shall be adequate to facilitate the activities taking place on the property and shall not be used for the purpose of illuminating signs, Such lighting shall conform with the following requirements:
(1) All light fixtures mounted on the canopies shall be recessed so that the lens cover is recessed or flush with the bottom surface (ceiling) of the canopy; or
(2) The lighting of the canopy shall use indirect lighting through which light is beamed upward and then reflected down from the underside of the canopy by light fixtures that are shielded so that illumination is focused exclusively on the underside of the canopy.
(3) Lights shall not be mounted on the top or sides of any canopy and the sides of the canopy shall not be illuminated. In no instances shall this be interpreted as prohibiting the placement of signs on the canopy which are illuminated consistent with the standards for sign illumination in this section.
(D) Lighting of exterior display/sales areas. Lighting levels on exterior display/sales areas shall be adequate to facilitate the activities taking place in such locations. Such lighting shall conform with the following requirements:
(1) All lighting fixtures used to illuminate exterior display/sales areas shall be cut-off or full cut-off fixtures (luminaires) focused directly downward onto the display/sales area. Such light fixtures shall be located, mounted, aimed, and shielded so that direct light is not cast onto adjacent streets or properties.
(2) All lighting fixtures and mounting poles shall be located within the areas being illuminated.
(E) Lighting of outdoor athletic/performance facilities. Lighting for all outdoor athletic and performance facilities and events shall provide adequate light for the event or facility while minimizing light pollution and the illumination of adjacent streets and properties.
(1) Lighting fixtures for the playing fields and/or performance areas shall be specifically mounted and aimed so that their beams fall directly within the play/performance area and its immediate surroundings and does not spill onto adjacent streets or properties.
(2) The use of spotlights and/or floodlights to illuminate the play/performance area shall be permitted; however, each facility shall be designed and constructed with a dual lighting system which permits the main lighting for the event (spotlighting, floodlighting, and the like) to be turned off, with an alternate low level lighting system used for clean-up, night maintenance and other activities.
(F) Security lighting. Security lighting shall be coordinated with other lighting on the property and shall otherwise conform with the following requirements:
(1) Nonresidential areas.
(a) Shall be shielded and specifically aimed so that illumination is directed only to the intended area;
(b) The light source for any security lighting shall include shields that prevent their light source or lens from being visible from adjacent properties and/or streets;
(c) Security lighting fixtures may be mounted on poles located no further than ten feet from the perimeter of the area intended to be illuminated.
(2) Residential areas.
(a) Security lighting fixtures in residential areas shall make use of indirect and reflected lighting techniques to provide soft lighting under canopies, entry porches, or soffits.
(b) The light source shall include shields that prevent the light source or lens from being visible from adjacent properties and/or streets.
(G) Lighting of building façades. Building façades may be illuminated, subject to the following requirements:
(1) Light fixtures including wall packs and decorative lighting shall be located, aimed, and shielded so that light is directed only onto the building façade.
(2) Lighting fixtures shall not be directed toward adjacent streets or roads.
(3) Lighting fixtures shall be designed to wash the façade of the building with light (rather than providing a spot or floodlight affect) and may be directed upward or downward onto the façade.
(4) Buildings located within or adjacent to residential use sites shall only provide fixtures that aim down for building wash.
(5) Exterior façade lighting shall be contained on the building façade or in the landscape areas adjacent to the building and shall focus on entries and architectural features.
(H) Illuminated signs. External lighting fixtures illuminating signs shall be located, aimed, and shielded so that light is directed onto only the sign face, with minimal light spillage. Lighting fixtures shall not be aimed toward adjacent streets, roads, or properties. In no instance shall this section be interpreted as prohibiting the use of neon signs.
(Ord. 2007-1B, passed 2-5-07; Am. Ord. 2022-12F, passed 12-20-22)
Cross reference:
Sign illumination, see § 156.085 et seq.
(A) Intent. The purpose of these non-residential design standards is to establish a minimum level of design quality while at the same time allowing site and building design creativity and flexibility for non-residential development.
(B) General standards apply to non-residential uses in the commercial, industrial and institutional zoning districts.
(1) Applicability. All commercial developments shall meet or exceed the requirements of this section, in addition to all other applicable development standards established by this chapter. These commercial standards shall apply to the following:
(a) Improvement location permit applications for new structures submitted on or after the effective date of this chapter;
(b) Expansions greater than 50% of pre-existing facilities; and
(c) Expansions to other structures that result in a structure greater than 20,000 square feet in gross floor area.
(2) General development standards.
(a) Site layout.
1. Site planning which encourages compatibilitly between the site and the buildings and between all buildings on the site is encouraged. Where natural or existing topographic patterns contribute to a development, they shall be preserved and developed. Modification to topography shall be permitted where it contributes to the overall development.
2. The orientation of buildings shall promote interaction with the street and provide a pedestrian friendly environment.
3. Newly installed infrastructure and service revisions necessitated by exterior alterations shall be underground. To the extent possible, all existing overhead utilities shall be relocated underground.
4. All structures shall be evaluated in terms of scale, mass, color, proportion, and compatibility with adjoining developments.
5. Colors shall be subtle, harmonious and non-reflective. Accents shall be compatible.
(b) Vehicular access. Major and minor arterials and major collector streets must have reasonable restrictions as to the numbers and location of access points within the corridor overlay zone. To provide safe and sufficient traffic movement to and from adjacent lands:
1. Frontage roads, access roads, and distributors roads may have to be constructed.
2. Shared access shall be coordinated with contiguous lots and designed to preserve the aesthetic benefits provided by the greenbelt areas. Access at the side or rear of buildings is encouraged.
3. New access points onto the major and minor arterials within the corridor overlay zone shall be coordinated with existing access points whenever possible and approved by the County Highway Engineer.
4. The following curb cut policy shall apply throughout the US 40, US 52, US 36, and CR 600W corridors.
a. Curb cuts shall be no closer than one foot for each 400 feet of frontage.
b. No curb cuts shall be within 200 feet of any intersection of public roads.
c. Opposing curb cuts shall align squarely or be offset no less than 200 feet.
(c) Access to undeveloped sites.
1. Stub streets shall be built in all cases where adjacent lots have reasonable potential for development.
2. Reasonable potential shall include any adjacent parcel of adequate size for commercial or residential development or any adjacent parcels determined to have reasonable potential by the County Area Plan Commission or its duly appointed or designated representative.
(d) Architectural design requirements.
1. Exterior materials. Building facades may be constructed from wood, stone, masonry, E.I.F.S., cement fiber board, concrete, vinyl, metal or glass or other materials which provide the same desired quality. Products other than those listed below must be approved by the County Area Plan Commission or its duly appointed designees.
a. Buildings constructed of metal shall be permitted in the agriculture, rural residential and industrial districts. Facades that exceed 50% metal shall contain other design elements such as concrete or masonry bases, pitched roofs, enhanced entries or color variation.
b. Stone material used for masonry construction may consist of granite, sandstone, slate, limestone, marble, or other hard and durable all weather stone. Ashlar, cut stone, and dimension stone construction techniques are acceptable.
c. Brick material used for masonry construction shall be composed of hard fired all-weather standard size brick or other all-weather facing brick.
d. Concrete finish or precast concrete panels shall be textured using the following techniques: exposed aggregate, bush-hammered, sand blasted, or other concrete finish as approved by the County Area Plan Commission or its duly appointed designees. Concrete masonry units (CMU or block) shall be textured or splitface, and otherwise not smooth.
2. Roof design. The materials and finishes for roofs shall complement those materials used for the exterior walls. Roofs may be pitched or parapet walls used to screen flat roofs.
3. Mechanical equipment screening. Roof-mounted equipment on exposed roofs shall be screened from view. The appearance of roof screens shall be coordinated with the building to maintain a unified appearance. All ground and building mounted mechanical and electrical equipment shall be screened from view. The screens and enclosures shall be treated as an integral element of the building's appearance.
4. The exposed walls and roofs of buildings shall be maintained in a clean, orderly, and attractive condition, and be free of cracks, dents, punctures, breakage, and other forms of visible marring. Materials that become excessively faded, chalked, or otherwise deteriorated shall be refinished, repainted, or replaced.
5. Refuse and waste removal areas, loading berths, service yards, storage yards, and exterior work areas shall be screened from view with fencing, walls or landscaping.
6. All accessory buildings shall be constructed with materials that are similar and compatible with materials used in the principal structure.
(e) Signage standards. Signage shall be designed to be an integral part of the architectural and landscaping plans. The colors, materials, and style of signage shall be architecturally compatible and accentuate the buildings and landscaping on the site. The colors, materials, and lighting of every sign shall be restrained and harmonious with the building and site to which it principally relates. Signs shall be in conformance with §§ 156.085 et seq. unless otherwise specified below.
1. No pole sign shall exceed 25 feet in height;
2. There shall be a minimum spacing of 200 feet between any pole or ground signs located along US 40, US 52, US 36, and CR 600W; and
3. In no instance shall pole signs for multiple businesses, strip commercial centers or strip business centers exceed 200 square feet of copy area.
1. Landscaping materials selected should be appropriate to local growing and climatic conditions. Wherever appropriate, existing trees should be conserved and integrated into the landscaping plan; credit toward required in-kind landscaping may be given.
2. The provisions for landscaping installation and maintenance are as follows:
a. All landscaping required by the approved landscaping plan shall be installed prior to the issuance of a building occupancy permit if the permit is issued during a planting season, or within six months of the date of occupancy if during a non-planting season.
b. It shall be the responsibility of the owners and their agencies to insure proper maintenance of the landscaping, in accordance with the standards set by this subchapter and as indicated on the landscaping plan which has been approved by the Area Plan Commission. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, and keeping the area free of refuse and debris.
(Ord. 2007-1B, passed 2-5-07)
Loading...