§ 154.054  INSTITUTIONAL ZONING.
   (A)   Introduction. The Institutional Zoning District is intended to provide a district for facilities devoted to serving the public. It is unique in that the primary objective of uses within this district is the provision of services, frequently on a non-profit basis, rather than the sale of goods or services. It is intended that uses within such a district will be compatible with adjoining development, and they normally will be located on an arterial street or thoroughfare.
   (B)   Establishment of institutional districts. To identify the nature of institutional districts on zoning maps, they shall be classified as the following zones:
 
Institutional Districts
Abbreviations
Institutional
INS
Institutional Utilities
INS-UTIL
 
      (1)   Institutional Districts (INS) are designed for buildings and land that are developed for an institutional use. These permitted institutional uses include:
         (a)   Public or private schools;
         (b)   Place of worship;
         (c)   Libraries, community centers, museums and public art galleries;
         (d)   Public parks and recreational areas;
         (e)   Public administrative offices and public service buildings, including fire and police stations;
         (f)   Cemetery;
         (g)   Funeral homes;
         (h)   Hospitals, sanitariums, nursing homes and clinics; and
         (i)   Utility plants greater than 20,000 square feet.
      (2)   Institutional Utility Districts (INS-UTIL) are designed for the above ground or underground construction of supplementary utility uses of a size less than 20,000 square feet and greater than 1,000 square feet. These permitted institutional utility uses include:
         (a)   Cell or radio towers or antennas;
         (b)   Water towers;
         (c)   Pumping stations;
         (d)   Stand pipes;
         (e)   Substations; and
         (f)   Telephone exchanges.
      (3)   Exempt utilities. The following utilities are exempt from the Institutional Zoning District:
         (a)   Strip utilities, lines or pipes; and
         (b)   Utilities under 1,000 square feet.
   (C)   Institutional regulations. The following regulations shall apply to all land within the institutional districts.
      (1)   Regulation conformation after the effective date of this chapter.
         (a)   With the exception of legally established non-conforming uses, no land, building, structure, premises or part thereof shall be used or occupied except in conformity with these regulations and for uses permitted by this chapter.
         (b)   No building, structure, premises or part thereof shall be constructed, erected, converted, enlarged, extended, reconstructed or relocated except in conformity with these regulations and for uses permitted by this chapter. (For steps on how to obtain a building permit, refer to § 154.030.)
         (c)   Legally established non-conforming uses may be reconstructed if damaged or partially destroyed by fire or other disaster.
         (d)   Any previously officially recorded, platted lot having less than the minimum development standards required by the applicable institutional district regulations of this chapter shall be approved as a non-conforming use.
      (2)   Performance standards. All uses established or placed into operation after the effective date of this chapter shall comply with the following performance standards. No use in existence on the effective date of this chapter shall be so altered or modified as to conflict with these standards.
         (a)   Vibration. No use shall cause earth vibrations or concussions detectable beyond the lot lines without the aid of instruments.
         (b)   Smoke, particulate matter, noxious matter. No use shall emit smoke of a density exceeding that of a normal institutional establishment. No use shall be permitted to burn any materials or chemicals other than standard heating fuels such as fuel oil, propane or natural gas, with the exception of food preparation facilities. Institutional operations which require the burning of other materials must be approved by the Area Plan Commission.
         (c)   Odor. No use shall emit across the lot lines odor in such quantity as to be readily detectable at any point along the lot lines and as to be detrimental to or endanger the public health, safety or welfare or cause injury to property.
         (d)   Sound. No use shall produce sound in such a manner as to endanger the public health, safety or welfare or cause injury to property. Sound shall be muffled so as not to become detrimental due to intermittence, beat frequency, shrillness or vibration.
         (e)   Heat and glare. No use shall produce heat or glare creating a hazard perceptible from any point beyond lot lines.
         (f)   Waste matter. No use shall accumulate within the lot or discharge beyond the lot lines any waste matter, whether liquid or solid, in violation of the applicable standards and regulations of the Department of Environment Management or in such a manner as to endanger the public health, safety or welfare or cause injury to property.
         (g)   Junk automobiles (vehicles). Vehicles not in operating condition and parked at a commercial location more than 30 days may be removed from the property with the notification by certified mail to vehicle owner. These vehicles will be towed at the owner’s expense to a holding area for 30 days and then disposed of to a legal salvage yard. Notification and removal will be under court and police supervision. A show cause hearing will not be held for these violations.
         (h)   Unnecessary clutter. No one shall be permitted to heap, litter or strew in a confused and disorderly manner, any materials or objects on property owned leased or rented for commercial purposes.
         (i)   Burning of materials. No use shall permit burning of any materials or chemicals except as fuels in approved heating or manufacturing process facilities.
      (3)   Institutional development standards.
         (a)   Transitional yards. Where an institutional lot abuts a residential lot, the institutional lot shall have a transitional yard adjacent to the residential lot at least equal in width to the required yard for that type of residential district. Where an alley separates an institutional lot from a residential lot, the institutional lot shall have a yard adjacent to the alley of not less than five feet in width.
         (b)   Parking. All institutional districts shall provide parking as required in the “off-street parking and loading facilities” §§ 154.120 through 154.126, oriented such that parking and maneuvering are conducted entirely off public thoroughfares.
   Table 9-1: Industrial Lot Layouts
INS
INS-UTIL
INS
INS-UTIL
Lot Size
Minimum corner lot width (1)
125 ft.
35 ft.
Minimum lot area
Sewer .5 acres
Septic 5 acres
Sewer 1 acre
Septic 10 acres
Minimum lot width (1)
100 feet
200 feet
Setback and Yards
Minimum open space
20%
30%
Minimum rear yard(2)
25 feet
5 feet
Minimum setback(2) (3)
50 feet
20 feet
Minimum side yard (2)
25 feet
5 feet
Structure Size
Maximum height
35 feet (4)
150 feet (5)
20 feet (4)
150 feet (5)
Minimum area per floor
2,000 sq. ft. (6)
150 sq. ft. (6)
Minimum floor area
2,000 sq. ft. (6)
150 sq. ft. (6)
(1)   Lot width is measured at the building line.
(2)   Any side of a lot that faces a public street or public right-of-way shall be considered a front and shall have appropriate setback, measured from the centerline of the road or street. Under no circumstances shall the front yard setback be less than 25 feet from the right-of-way line.
(3)   Any lot that is adjacent to a state highway shall be 1.5 times the standard setback for any front that faces the highway.
(4)   For building if part of installation.
(5)   For towers.
(6)   If a building is part of the installation.
All new construction shall include the required improvements as listed in § 154.031.
 
(Ord. passed 9-1-2006; Ord. 04, 2008, passed 6-23-2008)  Penalty, see § 154.999