Section
7.1 Application
7.2 Sight visibility triangle
7.3 Height standards
7.4 Lot standards
7.5 Parking standards
7.6 Loading standards
7.7 Sign regulations
7.8 Landscaping
7.9 Environmental standards
7.10 Accessory uses and structures
7.11 Temporary uses
7.12 Home occupation standards
7.13 Outdoor sales, display and storage
7.14 Fence and wall standards
7.15 Exterior lighting standards
7.16 Telecommunications facilities
7.17 Adult businesses standards
7.18 Design standards
7.19 Manufactured home parks standards
7.20 Single-family to multifamily conversion standards
7.21 Specific use standards
7.22 Infill development standards
(A) Applicability. All structures, land uses, land use changes, structural alterations, structural relocations, structural additions and structural enlargements that are constructed, created, established or occur after the effective date of this ordinance (except as may otherwise be provided within this ordinance) shall be subject to all development standards and regulations applicable to the zoning district in which they are located. All projects approved prior to the effective date of this ordinance shall adhere to the terms and conditions of approval and/or written commitments made under the zoning ordinance that was in place at the time of filing.
(B) Expansion or modification of existing uses and structures. No structure, parking area or other site feature regulated by this ordinance shall be enlarged, altered or expanded unless the minimum improvements required by this article are provided on the property in a manner equal to the extent of its alteration or expansion.
(Ord. 07-16, passed 12-10-2007)
All properties, with the exception of those in the Commercial Core of the Central Business District (CB), shall maintain a clear area (the “sight visibility triangle”) at every intersection of an adjoining street with other streets and entrance drives.
(A) Clearance. The sight visibility triangle shall be free of structures, vegetation, signs (other than street signs) and other opaque or partially opaque objects between a height of three feet and eight feet as measured from the nearest top-of-curb (or edge of pavement where curbs are not present).
(B) Dimensions. The triangle is determined by a diagonal line connecting two points measured 25 feet from the intersection of the projected rights-of-way lines. In cases where the edge of pavement is coincidental with the right-of-way, the points shall be measured 35 feet from the intersection of the edges of pavement.
(C) Public signs and signals. The above provisions shall not apply to official warning signs or signals necessary to the public safety.
(Ord. 07-16, passed 12-10-2007)
(A) Height requirements. The maximum height permitted shall be as described in Table 4.2: Residential Districts Lot Standards, subject to the exceptions listed in this section.
(1) Measuring height. In all instances, the height of a structure shall be measured from adjacent grade level to the highest point of the structure, excluding the necessary appurtenances such as chimneys, church spires, steeples, clock or bell towers, cooling towers, elevator bulkheads, fire towers, penthouses, stacks, tanks, water towers, transmission towers or essential mechanical equipment not prohibited by other laws or further provisions of this ordinance.
(2) Additional residential limitations. No accessory structure located in a residential zoning district may exceed the height of the principal structure on the property.
Height Illustration
(B) Height exceptions. No structure may be erected or changed so as to make its height greater than specified in the applicable zoning district, except as noted below. For the purposes of this section, the height of church steeples, chimneys and other structures which are attached or otherwise a part of another structure shall be measured from grade level.
(1) General exceptions. The following structures may exceed the permitted height regulations by twofold (x 2):
(a) Church steeples;
(b) Spires, belfries and cupolas; and
(c) Industrial related storage tanks, mechanical equipment and smokestacks.
(2) Height of residential structures. In the districts limiting the height of single-family residential structures to 35 feet, a dwelling may be increased in height not to exceed 40 feet provided the required side yards are increased two additional feet for each foot the structure exceeds 35 feet in height.
(3) Telecommunications towers and antenna. The height of telecommunication towers and antenna shall meet the requirements of § 7.16.
(4) Amateur radio towers. Amateur radio towers shall meet the requirements of § 7.10.
(5) Necessary appurtenances. The following structural elements may exceed the permitted height standards for the zoning district in which they are located by up to ten feet:
(a) Necessary mechanical appurtenances;
(b) Utility substations and related essential facilities;
(c) Water tanks;
(d) Chimneys;
(e) Fire towers;
(f) Stair towers;
(g) Stage bulkheads; and
(h) Elevator bulkheads.
(6) Water towers. Water towers may exceed the permitted height standards for the zoning district in which they are located and may be erected to a maximum height of 200 feet.
(C) FAA requirements. Nothing in this ordinance, including the exceptions listed above shall be interpreted as waiving any height regulations related to air travel. All applicable Federal Aviation Administration (FAA) restrictions and regulations shall apply to all structures.
(Ord. 07-16, passed 12-10-2007)
(A) Required setbacks.
(1) Minimums. Minimum required setbacks shall be as set forth in each district Table 4.2: Residential Districts Lot Standards and Table 4.3: Nonresidential Districts Lot Standards. The required setback shall be measured from the existing right-of-way or the proposed right-of-way as set forth in the Center Township thoroughfare plan, whichever is greater.
(2) Through lots. Any lot having a frontage on two approximately parallel streets or abutting more than one street, shall be considered to have two or more front yards and shall conform to the minimum setbacks as specified for each district in Chapter 4.
(3) Corner lots. Any lot having a frontage on two approximately perpendicular streets shall be considered to have two or more front yards.
(4) Alley abutting rear or side yard. Principal structures shall be set back as specified in Chapter 4. Accessory structures on the rear or side of a lot abutting an alley shall be set back a minimum of five feet from the right-of-way (not the edge of pavement).
(5) Obstruction. Minimum required yards or building setback distances shall be unobstructed and open to the sky, except for customary projections and signs, in accordance with Chapter 4 of this ordinance.
(B) Permitted encroachments in required yards. No structure or part thereof shall encroach upon any required yard. However, the following shall not be considered encroachments when located within the required yards except in areas required for vision clearance at intersections.
(1) Permitted encroachments in required front yards.
(a) An eave, cornice, overhang, awning, porch, balcony or bay window not exceeding four feet; provided, however, that in no event shall the encroachment protrude closer than 20 feet to a front lot line. However, in the Central Business (CB) District, these encroachments may be permitted subject to the standards of the Downtown Overlay District, provided they do not interfere with intersection visibility as set for in § 7.2 or with the Board of Public Works and Safety requirements for sidewalk clearance;
(b) The ordinary projection of belt courses, sills, lintels, chimneys and other similar ornamental and architectural features not exceeding two feet;
(c) Unenclosed, uncovered steps, entrance platforms, terraces or landings not over 18 inches above grade level and not to project a distance in excess of ten feet;
(d) Accessory uses such as public utility installations, walks, driveways, curbs, mail boxes, name plates, lamp posts, bird baths and structures of a like nature in any required front, side or rear yard;
(e) Fences that are at least 50% open, walls and hedges not to exceed 42 inches in height; and
(f) Plants including trees, shrubs and perennials.
(2) Permitted encroachments in required side and rear yards.
(a) An eave, cornice overhang, awning, canopy or balcony not exceeding four feet; provided, however, that the encroachment shall not protrude closer than 50% of the required distance to any side or rear lot line;
(b) The ordinary projection of belt courses, sills, lintels, chimneys and other similar ornamental and architectural features not exceeding two feet; provided, however, that the encroachment shall not protrude closer than 50% of the required distance to the rear lot line;
(c) Unenclosed, uncovered steps, entrance platforms, terraces or landings not over 18 inches above grade level and shall not encroach more than 50% into the yard;
(d) Accessory uses such as public utility installations, walks, driveways, curbs, retaining walls, mail boxes, name plates, lamp posts, bird baths and structures of a like nature;
(e) Fences, latticework, screens, hedges or walls not more than six feet in height;
(f) Plants including trees, shrubs and perennials;
(g) Open, off-street parking spaces, according to the provisions set forth in § 7.5; and
(h) Balconies, breezeways and open porches and decks; provided, however, that the encroachment shall not protrude closer than 50% of the required distance to the side and rear lot line.
(3) Agricultural use. Nothing contained in this subsection shall be deemed to prohibit the erection or maintenance of an open fence in connection with an agricultural use.
(4) Setback distance exceptions. Any yard or setback line so placed or oriented that none of the specific terms in this ordinance are applicable shall necessitate a determination by the Planning and Zoning Administrator of suitable dimensions generally required for a similar situation in the zoning district.
(C) Placement of structures.
(1) Lot access and frontage. Every building hereafter erected or moved shall be located on a lot with frontage and access on a public street; or with frontage and access to an approved private street and all buildings shall be so located on lots as to provide for safe and convenient access, fire protection and required off-street parking.
(2) Lot dimensions. Every building hereafter erected shall be located on a lot which meets the minimum zoning requirements for the district in which it is located unless otherwise specified for planned unit developments or as specified in Chapter 6.
(3) Relocation of structures. No buildings or structures shall be moved from one lot or premises to another unless the building shall thereupon conform to all the regulations of the zoning district to which the building shall be moved.
(4) One principal building per lot. In no case shall there be more than one principal structure and associated accessory structure located on one lot; except that principal structures designated and platted as a single unit under single ownership and control, such as multifamily developments, shopping centers and combined industrial operations may be permitted on one lot in accordance with the provisions of this ordinance.
(5) Placing structures over utility easements. No building or structure shall be placed or erected over utility easements, except for lot line fences which shall be subject to the paramount right of the utility or municipality to install, repair, maintain or replace its installation.
(D) Exceptions to district requirements.
(1) Infill development; front setback. The front setback shall be as required in Table 4.2: Residential Districts Lot Standards and Table 4.3: Nonresidential Districts Lot Standards. Except in areas where 50% or more of the lots in a block are developed, the average of the existing front setbacks of structures for 150 feet on either side may be used as the minimum front setback.
(2) No part of a required setback (yard), open space, off-street parking, loading space or bufferyard shall be included as part of a required yard, open space or off-street parking or loading space similarly required for any other building, unless specified elsewhere in this ordinance.
(Ord. 07-16, passed 12-10-2007)
Statutory reference:
Condominium property law, see I.C. 32-25
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