§ 7.12 HOME OCCUPATION STANDARDS.

(1) Applicability. This section shall apply to all public, private and institutional development, except that previously approved development need not comply (§ 1.5 Transition Rules) unless new site development approval is being sought.

(2) Compliance. All development requiring a development plan or final detailed plan shall submit a detailed landscape plan as part of the construction set. A conceptual landscaping plan shall accompany concept plans, preliminary plans and primary plats.

(3) Visibility. Where the rigid enforcement of these standards creates a conflict with the site visibility triangle (§ 7.2), the site visibility triangle shall take precedence, and the landscape requirements may be relocated or reduced to the extent necessary to alleviate the conflict upon approval of the Planning and Zoning Administrator.

(4) Preservation of existing features. Existing trees and shrubs shall be preserved wherever feasible.

(a) When existing healthy trees or significant natural landscape features impede strict compliance with the standards, the submittal of an alternative landscape plan which incorporates the existing features into the overall site design is encouraged.

(b) Existing trees may be used to fulfill tree planting requirements if the trees are in a healthy and growing condition and not included in Table 7.18: Non-Qualifying Trees. The Planning and Zoning Administrator may approve existing trees which are not included on the plant lists.

(c) Existing trees which fulfill tree planting requirements shall be protected from construction activities through the use of construction fences, barricades or other applicable methods during site preparation and construction. Protection measures shall be placed outside of the drip line of the plant material to be retained. These barricades shall remain in place during construction, and no vehicle, machinery, tools, chemicals, construction materials or temporary soil deposits may be permitted within the barriers, nor may any notice or other object be nailed or stapled to protected trees. This information shall also be shown on the site grading and demolition plans.

Construction is Not Permitted Within the Drip Line

(d) A minimum of 75% of the protected area shall be maintained as permanent permeable landscape area at grades existing prior to site development.

(e) Tree wells, tree walls or specialized fill and pavement designs shall be required in cut and fill situations and shall be fully detailed on the landscape plan.

(1) A landscape plan is required for each proposed development. The landscape plan may be prepared by a landscape professional or nurseryman experienced in landscape design and the installation and care of plant materials, but shall be sealed by a licensed landscape architect.

(2) All landscape plans submitted for approval as a component of a required development plan shall be prepared to scale on 24-inch by 36-inch sheets and shall contain the following information:

(a) The location and dimensions of all existing and proposed structures, parking lots and drives, roadways and right-of-way, sidewalks, refuse disposal areas, utility lines and easements, freestanding structural features, signs and other landscape improvements, such as earth berms, walls, fences, screens and paved areas;

(b) The name and address of the owner, developer and who prepared the plan, the date the plan was prepared, scale and north arrow;

(d) The location, size and common name of existing trees and individual shrubs, areas of dense trees or shrubs and other natural features, indicating which are to be preserved and which are to be removed;

(e) The location of barriers to be placed at or beyond the drip line of any trees to be preserved, and the type of material to be used for the barrier;

(f) Details indicating specific grading measures or other protective devices where trees are to be preserved in areas of cut and fill; and

(g) Planting and installation details as necessary to ensure conformance with all required standards.

(D) Installation.

(1) Plant materials shall conform to the requirements described in the latest edition of the American Standard for Nursery Stock, which is published by the American Association of Nurserymen. Plants shall be nursery grown.

(2) Plants shall conform to the measurements specified below.

(a) Caliper measurements shall be taken six inches above grade for trees under four inches in diameter and 12 inches above grade for trees four inches or larger in diameter.

(b) Minimum branching height for all shade trees shall be four feet.

(d) Minimum size for ornamental trees shall be one and one-half inches in caliper.

(e) Minimum size for evergreen trees shall be six-feet high.

(f) The minimum size for required screening shrubs is 24 inches. Species selected shall attain the required minimum mature height of 36 inches within two years.

(g) The Plan Commission may impose a condition at the time of site or development plan approval, that plants be larger at the time of installation.

(E) Maintenance.

(1) Generally. Trees, vegetation, irrigation systems, fences, walls and other landscape elements are considered elements of a project in the same manner as parking and other site details.

(2) Maintenance requirements. The owner of the property shall be responsible for the continuous proper maintenance of all landscaping materials, and shall keep them free from refuse and debris and in good repair at all times.

(a) Replacing landscaping materials. All plant material which dies shall be replaced with plant material of the required size within 30 days of the plant material’s death. This period may be extended if weather conditions inhibit installation of new plant materials.

(b) Trimming plant material.

(1) Landscape materials are intended to grow, spread and mature over time. Landscaping materials used to fulfill requirements of this chapter may not be pruned or otherwise treated so as to reduce overall height or level of opacity.

(2) Pruning, limbing-up, topping and other inhibiting measures including removal may only be practiced to ensure the public safety or to preserve the relative health of the material involved (e.g., parking lot screen plantings shall not be lower than 36 inches three years past installation).

(3) Where a continuous solid screen is required, the frequency of the planting shall accomplish the formation of a solid visual screen within three years of the date of planting.

Trimming of Plant Materials Intended for Screening or Buffering Is Discouraged

(F) Approved plant materials.

(1) Tables 7.11 through 7.17 contains approved trees, shrubs and ground cover to be used to meet the landscaping and buffering requirements of this ordinance. Species native to the state are encouraged. The lists are not inclusive of all available plant material. Unlisted plant material may count toward requirements upon review and approval by the Planning and Zoning Administrator or his or her designee.

(2) The tables of plant materials included in this ordinance are classified by type. Trees are grouped into three categories: shade trees, ornamental trees and evergreens. Shrubs are grouped by height: small shrubs (< three feet), medium shrubs (three to six feet) and large shrubs (> six feet). Plant materials not listed on the tables will be assigned a classification based on height, spread and/or crown at maturity, using the best available resources to determine mature characteristics.

(a) Trees proposed for streets, parking lots and similar shall be broadleaf, deciduous species as listed in Tables 7.11 through 7.13.

(b) Trees proposed to meet landscaped buffer/screen requirements shall include evergreens and may be from either Table 7.11: Trees for Planting on Streets, Highways and Parking Lots (generally with high canopies, shade producing, hardy) or Table 7.12: Trees for Planting on Streets and Highways that minimize conflict with overhead utilities in this section.

(c) Shrubs are divided by size to suit their particular function and may come from Tables 7.14 through 7.16 of this section.

(d) Grasses used in designated common areas or usable open spaces should be native plantings and cool season grasses to limit the necessity for pesticides, fertilizers or other chemicals, and to reduce mowing frequency.

(3) For design flexibility, plant substitutions may be made on the following basis upon approval by the Planning and Zoning Administrator, unless otherwise noted:

(a) One ornamental tree equals one evergreen tree;

(b) One large shrub equals two medium shrubs or four small shrubs; and

(4) Earthen berms and/or opaque fences or walls may be used in combination with the plant materials specified above, provided they meet the following requirements.

(a) Earthen berms shall have a maximum slope of three to one, shall be a minimum of three feet and a maximum of six feet in height, and must be entirely vegetated with lawn or ground cover within two years of the date of planting.

(b) Opaque fences or walls shall be constructed of wood, brick, masonry or other material approved by the Administrator.

(5) Non-qualifying plant material. In no instance shall any tree listed in Table 7.18: Non-Qualifying Trees be used to meet any landscaping requirements of this ordinance.

(G) Utility easement conflicts. Plant material shall be located in areas in areas exclusive of drainage and utility easements and overhead utilities. Plant material shall not be placed in the road/street right-of-way without permission from the City Street Department or INDOT.

(H) Completion. A final certificate of occupancy shall not be issued until all landscaping shown on the landscape plan has been installed. A temporary certificate of occupancy may be issued for the property for a period of up to six months as weather conditions permit landscape installation, provided that the developer shall submit a financial guarantee in the amount of 125% of the installed cost of landscaping when planting has to be delayed.

(I) Enforcement. Failure to implement the approved landscape plan, including preservation of existing features, or to maintain the landscaping in accordance with the provisions of this section shall be a violation of this ordinance subject to the penalties outlined in Chapter 10.

(J) Parking.

(1) General.

(a) (1) All landscape areas shall be separated from vehicular use areas by concrete curbing. Roll curbs may not be used for this separation if within 15 feet of a pedestrian use area.

(2) A partial curb separation will be allowed if landscaping is intended to filter stormwater as part of approved innovative stormwater drainage solutions (best management practices).

(b) All landscaped areas at the front line of off-street parking spaces shall be protected from encroachment or intrusion of vehicles through the use of concrete wheel stops. Wheel stops shall have a minimum height of six inches above the finish surface of the parking area, be properly anchored and continuously maintained in good condition. Wheel stops shall not be placed in locations of anticipated intense pedestrian traffic. As an alternative, curbing can be extended to serve the same purpose, if approved by the Administrator. Wheel stops constructed of plastic are prohibited.

(c) Plant materials required for landscaping and screening may be arranged and clustered throughout the site for uses or for areas along a lot’s perimeter where a continuous screen is not required.

(2) Parking lot interior landscaping. A minimum of 5% of the gross area of the interior vehicular use area of a parking lot shall be landscaped. Required perimeter parking lot landscaping and/or buffering shall not be included toward satisfying this requirement.

(a) For parking lots with 30 or more parking spaces, if the amount of parking provided exceeds the required minimum by more than 10%, an additional 5% of interior landscaping shall be required. Some of the landscaping requirements for excess parking may be waived if either pervious pavement or landscape islands that function as swales and provide stormwater filtration are used.

(b) Landscaped areas should be evenly distributed throughout the parking lot in the form of landscaped islands in order to reduce the visual impact of long rows of parked cars. Shade trees shall be spaced a maximum of 100 feet apart in the interior vehicular use area, with the intent to equally distribute the trees throughout the area.

(d) Appropriate ground cover may include shade trees, ornamental trees, shrubbery, hedges and grasses. However, at least one shade tree shall be provided for every 240 square feet of required interior landscaped area. See subsection(F) above for suitable plant types.

(3) Parking lot perimeter landscaping. All on- or off-street parking regulated by this section shall have a perimeter landscaped area at least five feet wide. This perimeter landscaping shall extend the full perimeter of the parking lot. Development within the Thoroughfare and Interstate Overlay Districts require a wider buffer as per Chapter 6.

(a) One hundred percent of the landscaping area shall be planted with living ground cover.

(b) A Type C buffer shall be required on the perimeter or parking areas adjacent to public or private streets or residential districts or uses. Where there are existing deciduous or evergreen trees located in the right-of-way adjacent to the parking area or within the corridor buffer, these trees may be used to satisfy the planting requirement. When determining the number of trees required, fractions shall be rounded up to the next higher whole number. See subsection (F) above for suitable plant types.

(c) An exception may be made for car or other large vehicle sales where uninterrupted views of merchandise are needed. In this case, the plant material required per 100 linear feet shall be four shade trees and nine shrubs. All non-merchandise parking areas, including, but not limited to, customer and employee parking shall be subject to the regular parking lot perimeter landscaping requirements.

(K) Streets.

(1) Residential streets.

(a) One canopy tree shall be required per 45 linear feet. Refer to Tables 7.11 and 7.12 for suitable tree types.

(b) Street trees shall be located in a planting strip between the street and the sidewalk. If this is not possible due to lack of right-of-way, narrow existing planting strip or other reason as deemed appropriate by the Administrator, street trees shall be planted at the back of sidewalk but no greater than ten feet from the right-of-way.

(c) To minimize conflicts with overhead and underground utilities, street trees where an infrastructure exists shall come from Table 7.12: Trees for Planting on Streets and Highways that Minimize Conflict With Overhead Utilities which includes trees with non-invasive root structures and trees of appropriate height. In addition, root barriers should be utilized to shield infrastructure from tree roots.

(2) Nonresidential streets. This section applies to all commercial, institutional, industrial or other nonresidential land uses.

(a) Corridor buffer. The streetscape shall be landscaped with the Type B buffer. Required parking lot perimeter landscaping may be included within the Type B buffer if the parking lot is adjacent to the required streetscape buffer.

(b) Tree locations. All required trees may be located in clusters or dispersed throughout the yard.

(c) Lot plantings. Additional planting shall be required on lots according to Table 7.7: Lot Planting Requirements. For the purposes of this section, the yard shall mean all areas of the property not covered with structures, parking areas or other hard surfaces. Other landscape areas required by this chapter and required buffer yards shall not be included in the calculation of yard area.

Table 7.7: Lot Planting Requirements
For this land use type.....	..1 broadleaf/deciduous tree or evergreen conifer shall be required for every....
Multiple family residential and manufactured home park	1,000 square feet of yard area
Commercial	1,000 square feet of yard area
Institutional	1,000 square feet of yard area
Industrial	1,000 square feet of yard area

(L) Residential subdivision landscaping.

(1) Landscaping. Landscaping as stated below shall be required for all single-family, multifamily and manufactured home park subdivision development prior to the issuance of a certificate of occupancy. Extensions of up to 120 days may be granted to take advantage of optimal planting conditions. Individually or custom constructed residences shall provide landscaping within 180 days after the certificate of occupancy is issued.

(2) Subdivision perimeter landscaping.

(a) Perimeter plant material. Perimeter plant material shall be provided on the perimeter of subdivision development when adjacent to a public or private street as follows:

(1) A 20-foot wide landscaping area adjacent to the road or right-of-way. The landscaping shall be located in an area designated as “common area.” All attempts should be made to avoid conflicts with drainage and utility easements that would prevent the installation of landscape materials in accordance with the ordinance.

(2) Trees shall be provided at a minimum rate of six trees per 100 linear feet of perimeter planting. Perimeter plantings shall be a roughly equal mix of deciduous canopy trees and evergreen trees.

(3) Shrubs shall be provided at a minimum rate of ten per 100 linear feet of perimeter planting.

(4) The required number of trees and shrubs shall be prorated and rounded up to the nearest whole number for every foot over the initial 100 feet.

(5) It is suggested that the required trees and shrubs be planted in clusters or irregular patterns; and shall be combined with fences, walls or mounds.

(b) Perimeter fences/walls/mounds. One of the following landscaping options shall be required in addition to the plant material.

(1) Decorative perimeter fences/walls shall be combined with plant material and shall be constructed of masonry, stone, wood or decorative metal. Fences/walls constructed of synthetic materials that simulate natural materials will also be considered. Fences/walls shall be at least 36 inches in height, but not over 72 inches in height. Fencing/walls may only be provided by the developer and only located in the area designated as “

(2) Mounds shall be combined with plant material, as described above, and may include fencing. Mounds shall be located in an area designated as “common area” or “landscape easement.” Mounds shall be a minimum of six feet in height. Maximum side slope shall not exceed a three to one ratio. Engineering design requirements shall determine the setback from the right-of-way line of a public or private street and from the property line of an adjoining property. Continuous mounds (levee look) are not permitted.

(3) Individual residential lots. The minimum landscape package for front and side yards shall be consistent with the table at below and the following:

(a) The minimum number of shrubs required is a total for the side and front yard combined, not for each yard individually.

(b) Lots that have existing trees in the front yard that meet the required minimum shall not be required to plant additional trees. In order for the existing trees to qualify as an existing tree, it must be a minimum size of two-inch caliper measured six inches above the existing ground elevation at the base of the tree and be part of the finish landscape package upon completion of the residence and the final lot grading.

(c) In addition to the above requirements, landscape packages for corner lots shall include a street side yard (which shall be defined as the yard fronting the street on the side of the house that does not face the street) planting of one evergreen tree and eight shrubs. The street side yard shall be sodded or covered with other living loam substitute for all developments designated SF1, SF2, SF3, TR and NB Districts.

(d) All trees shall be planted so that upon maturation the branches and limbs shall not interfere with the adjacent property use. Any tree becoming a nuisance shall be trimmed or cut back to eliminate the nuisance by the property owner.

(e) Plant material shall be placed out of the sight visibility triangle (§ 7.2). There should be a clear visibility zone between 36 inches and eight feet maintained by the property owner.

Table 7.8: Residential Lot Landscaping Requirements
Zoning District	Number of Trees	Minimum Number of Shrubs	Front Yard Sod
SF	3	8	no
SF1, SF2, SF3	2	8	yes
TR, NB	1	8	yes

(M) Retention pond landscaping.

(1) Shrubs and emergent vegetation are encouraged to be planted on pond perimeters. These plants may be exempt from minimum required plant sizes set forth in subsection (D) above.

(2) The use of this plant material is more desirable than non-native manicured turf in order to provide color, filter runoff, limit waterfowl and improve water quality.

(a) Choose plant material that is native to the state.

(b) Pond edge seed mixes are available from local suppliers. Pond edge landscaping may also be established from seed.

(N) Sign landscaping. Landscaped area shall be required around the base of a sign at the rate of two square feet per one-square foot of sign area.

(O) Landscaped buffer and screen requirements.

(1) Determination of landscape buffer requirements. Buffering and screening standards are employed to minimize the appearance of service and utilitarian areas of a site and to lessen the potential conflicts between dissimilar uses located in adjacent districts. The potential degree of conflict between the zoning districts determines the extent of the buffer required. The buffer width is in addition to the required setbacks of the district.

(2) Buffer types. Buffer types A through F and their descriptions can be found in Table 7.9: Landscape Buffer Types.

(3) Buffer yard location. All required buffer yard areas shall be provided entirely on the subject property. The buffer yard standards only apply along the property lines where the two dissimilar zoning districts meet as specified in the Table 7.10: Landscape Buffer Requirements. The required buffer yards shall be installed despite the presence of streets, alleys and other features. Existing mature vegetation (such as streams and fence rows) may be credited towards required buffering. The required buffer yards shall meet the following minimum standards:

(a) Responsibility. The developer or owner of the property being developed or otherwise changed in use is responsible for installing the buffer yard at the time of that development or change. The adjacent property owner shall not have to participate in installing the buffer yard.

(b) Planting location. Required bufferyard trees may be placed either at regular intervals or in irregular patterns representing a natural landscape providing the screen is continuous and effective. However, no two buffer yard trees (excluding evergreen trees) shall be placed within ten feet of one another. No buffer yard or required landscape materials shall be placed within any easement, right-of-way or septic field. Evergreens shall be distributed throughout the bufferyard in a manner as to ensure that a screen is still visible during the fall, winter and spring seasons.

(d) Groundcover. All portions of the buffer yard not planted with trees, shrubs or other landscaped materials shall be covered with grass or other groundcover vegetation. Landscaping stone or other non-vegetative surfaces may not be substituted for groundcover unless otherwise approved by the Administrator.

(4) Loading area screening standards. Vehicle loading areas shall be screened from public and private roads and adjacent residential districts or uses. A Type D buffer shall be used (Table 7.9: Landscape Buffer Types).

(5) Dumpster screening. Nonresidential and multifamily refuse, grease and recycling disposal dumpsters shall be screened on three sides by the construction of permanent opaque wooden, brick or masonry screens. The screening shall be a minimum of six feet in height and a maximum of eight feet in height. The fourth side which provides access to the dumpster for refuse collectors shall be gated and situated so that the container is not visible at an angle greater than 45 degrees from adjacent public streets.

(6) Outdoor storage screening. All nonresidential manufacturing, assembling, construction, repairing, maintenance and storage which takes place outdoors within view of a public street or a residential zoning district shall require a landscape buffer of Type D or E as described in Table 7.9: Landscape Buffer Types and as determined by the Administrator or the Plan Commission.

Buffer Type A Buffer Type B Buffer Type C

Example of Some Buffer Types

(a) All other storage shall be completely enclosed by a eight-foot high screen consisting of a solid fence, masonry wall, dense plant material or any combination thereof. (See Table 7.9: Landscape Buffer Types, Types E and F).

(b) In instances where a non-opaque or open fence is used (chainlink), landscaping consisting of evergreen plantings shall be provided around the exterior perimeter of the required fencing planted at a rate to form a screen a minimum of six feet high.

(7) Roof-, ground- and building-mounted equipment. All roof-top and ground-mounted mechanical equipment, such as HVAC units, shall be screened from the view of all public streets by parapets, dormers or other screens. The material of all screens shall be consistent with the exterior materials used on the facade of the structure.

Table 7.9: Landscape Buffer Types
Type	Minimum Width	Minimum Height	Landscaping Required per 100 Linear Feet of Buffer*
A	10 feet	6 feet - trees 3 feet - shrubs	4 trees* and 10 large shrubs
B	20 feet	6 feet - trees 3 feet - shrubs	6 trees and 15 shrubs
C	5 feet	3 feet; continuous shrub screen	3 shade trees and 10 shrubs, maximum spacing 3 to 5 feet on center depending on species, provided the treatment creates a continuous visual screen
D	25 feet	6 feet	8 trees and 15 shrubs supplemented by a 3 to 6 foot earthen berm or 6 foot opaque fence
E	3 feet	8 feet	Fence or wall shall be opaque
F	25 feet	8 feet	8 foot fence, 6 foot berm with 8 trees and 15 shrubs
G	3 feet	3 feet	3 foot shrub barrier or 6 foot opaque fence/wall; permitted in CB District only
* At least 50% of all required screen trees and shrubs, unless otherwise specified shall be evergreen species

Table 7.10: Landscape Buffer Requirements

Subject Zoning

Use

Adjacent Zoning or Similar Use

SF1

SF2

SF3

PBC

PBO

PBI

SF1

SF2

SF3

C/G

C/E

PBC

A/B

PBO

PBI

C/E

See Table 7.9: Landscape Buffer Types for explanation of Buffer types A, B, C, D, E and F

Special Uses
Airport	D
Artificial lake of 3 acres or more	A
Cemetery	A
Penal or correctional institution	E/F
Sanitary fill	E/F
Junk yard	E/F
Wireless communication facilities	See § 7.16 Telecommunications Facilities
See Table 7.9: Landscape Buffer Types for explanation of Buffer types A, B, C, D, E and F

Table 7.11: Trees for Planting on Streets, Highways and Parking Lots (Generally with High Canopies, Shade Producing, Hardy)
Botanic Name	Common Name	Type	Height	Tree Category
Acer campestre	Hedge Maple	D	30 ft. to 40 ft.	Ornamental
Acer Freemanii	Freeman Maple	D	50 ft. to 60 ft.	Shade
Acer rubrum	Red Maple	D	40 ft. to 60 ft.	Shade
Acer saccharum	Sugar Maple	D	50 ft. to 70 ft.	Shade
Carpinus betulas “Fastigiata”	Upright European Hornbeam	D	30 ft. to 40 ft.	Ornamental
Carpinus caroliniana	American Hornbeam	D	25 ft. to 30 ft.	Ornamental
Celtis occidentalis	Hackberry	D	50 ft. to 75 ft.	Shade
Crataegus phaenopyrum	Washington Hawthorn	D	25 ft. to 30 ft.	Ornamental
Gingko biloba (male only)	Gingko	D	40 ft. to 60 ft.	Shade
Gleditzia tricanthos inermis	Thornless Honeylocust	D	30 ft. to 60 ft.	Shade
Gleditzia tricanthos “Imperial”	Imperial Honeylocust	D	30 ft. to 60 ft.	Shade
Koelreuteria paniculata	Golden Rain Tree	D	30 ft. to 40 ft.	Ornamental
Liquidamber styraciflua	American Sweet Gum	D	40 ft. to 60 ft.	Shade
Liriodendron tulipifera	Tulip Tree	D	70 ft. to 80 ft.	Shade
Pyrus calleryana “Aristocrat”	Aristocrat Pear	D	35 ft. to 45 ft.	Shade
Quercus alba	White Oak	D	60 ft. to 80 ft.	Shade
Quercus bicolor	Swamp White Oak	D	40 ft. to 50 ft.	Shade
Quercus coccinea	Scarlet Oak	D	60 ft. to 80 ft.	Shade
Quercus palustris	Pin Oak	D	50 ft. to 80 ft.	Shade
Quercus phellos	Willow Oak	D	50 ft. to 70 ft.	Shade
Quercus robur	English Oak	D	50 ft. to 70 ft.	Shade
Quercus rubra	Red Oak	D	40 ft. to 60 ft.	Shade
Sorbus alnifolia	Korean Mountain Ash	D	20 ft. to 30 ft.	Ornamental
Sorbus “Aria”	White Beam Mountain Ash	D	25 ft. to 40 ft.	Ornamental
Tillia americana	Basswood Linden	D	40 ft. to 60 ft.	Shade
Tillia cordata “Green Spine”	Little-Leaf Linden	D	40 ft. to 50 ft.	Shade
Tillia tomentosa	Silver Linden	D	40 ft. to 50 ft.	Shade
Zelkova serrata “Village Green”	Village Green Zelkova	D	40 ft. to 60 ft.	Shade
D = Deciduous E = Evergreen
Note: Several varieties of each species may be available and may substituted upon approval by the Administrator.

Table 7.12: Trees for Planting on Streets and Highways that Minimize Conflict With Overhead Utilities
Botanic Name	Common Name	Type	Height	Tree Category
Acer campestre	Hedge Maple	D	30 ft. to 40 ft.	Ornamental
Carpinus caroliniana	American Hornbeam	D	25 ft. to 30 ft.	Ornamental
Cercis canadensis	Eastern Redbud	D	20 ft. to 25 ft.	Ornamental
Crataegus crus-galli	Cockspur Hawthorn	D	15 ft. to 25 ft.	Ornamental
Crataegus phaenopyrum	Washington Hawthorn	D	20 ft. to 25 ft.	Ornamental
Malus hybrids	Flowering Crabapple	D	15 ft. to 30 ft.	Ornamental
Prunus “Newport”	Newport Plum	D	15 ft. to 20 ft.	Ornamental
Prunus maackii	Amur Chokecherry	D	25 ft. to 30 ft.	Ornamental
Prunus virginiana	Chokecherry	D	20 ft. to 25 ft.	Ornamental
Sorbus alnifolia	Korean Mountain Ash	D	20 ft. to 30 ft.	Ornamental
Sorbus “Aria”	White Beam Mountain Ash	D	25 ft. to 40 ft.	Ornamental
D = Deciduous E = Evergreen

Table 7.13: Trees for Use within the Interior of a Site
Botanic Name	Common Name	Type	Height	Tree Category
Ornamental Trees
Amelanchier canadansis	Juneberry	D	30 ft. to 35 ft.	Ornamental
Amelanchier grandifloria	Apple Serviceberry	D	25 ft. to 30 ft.	Ornamental
Amelanchier laevis	Allegheny Serviceberry	D	25 ft. to 30 ft.	Ornamental
Betula nigra	River Birch	D	40 ft. to 60 ft.	Ornamental
Betula papyrifera	Paper Birch	D	40 ft. to 60 ft.	Ornamental
Cercidyphyllum japonicum	Katsura Tree	D	25 ft. to 40 ft.	Ornamental
Cercis Canadensis	Eastern Redbud	D	20 ft. to 30 ft.	Ornamental
Salix matsudana “Tortuosa”	Corkscrew Willow	D	25 ft. to 30 ft.	Ornamental
Ornamental Accent Trees
Botanic Name	Common Name	Type	Height	Tree Category
Acer ginalla	Amur Maple	D	15 ft. to 20 ft.	Ornamental
Acer palmatum	Japanese Maple	D	15 ft. to 20 ft.	Ornamental
Cornus kousa	Japanese Dogwood	D	20 ft. to 25 ft.	Ornamental
Cotinus coggyria	Smoke Tree	D	15 ft. to 20 ft.	Ornamental
Magnolia loebneri	Magnolia	D	12 ft. to 15 ft.	Ornamental
Magnolia soulangiana	Saucer Magnolia	D	15 ft. to 20 ft.	Ornamental
Magnolia stellata	Star Magnolia	D	10 ft. to 15 ft.	Ornamental
Evergreen Trees
Botanic Name	Common Name	Type	Height	Tree Category
Abies Concolor	White Fir	E	30 ft. to 50 ft.	Evergreen
Cupressocyparis Leylandii	Leyland Cypress	E	60 ft. to 70 ft.	Evergreen
Picea abies	Norway Spruce	E	50 ft. to 60 ft.	Evergreen
Picea glauca densata	Black Hills Spruce	E	50 ft. to 60 ft.	Evergreen
Picea omorika	Serbian Spruce	E	50 ft. to 60 ft.	Evergreen
Picea pungens	Colorado Spruce	E	60 ft. to 75 ft.	Evergreen
Picea pungens “Glauca”	Colorada Blue Spruce	E	60 ft. to 75 ft.	Evergreen
Pinus nigra	Austrian Pine	E	30 ft. to 60 ft.	Evergreen
Pinus ponderosa	Ponderosa Pine	E	40 ft. to 50 ft.	Evergreen
Pinus strobus	Eastern White Pine	E	50 ft. to 100 ft.	Evergreen
Tsuga canadensis	Canada Hemlock	E	60 ft. to 75 ft.	Evergreen
D = Deciduous E = Evergreen

Table 7.14: Small Shrubs Approved for Screens, Hedges and Specimen Planting
Botanic Name	Common Name	Type	Height
Aronia melanocarpa	Black Chokeberry	D	4 ft. to 6 ft.
Berberis thunbergii Hybrids	Japanese Barberry	D	3 ft. to 5 ft.
Buxus microphylla “Koreana”	Korean Boxwood	E	2 ft. to 3 ft.
Chaenomeles species	Flowering Quince	D	2 ft. to 6 ft.
Cotoneaster divaricata	Spreading Cotoneaster	D	5 ft. to 6 ft.
Euonymus fortunei	Euononymous	E	4 ft. to 6 ft.
Hydrangea macrophylla “Nikko Blue” spp.	Nikko blue Hydrangea	D	3 ft. to 4 ft.
Ilex crenata	Japanese Holly	E	3 ft. to 5 ft.
Mahonia aquifolium	Oregon Grape	E	3 ft. to 6 ft.
Physocarpus opulifolius intermedius	Dwarf Ninebark	D	4 ft. to 5 ft.
Prunus glandulosa	Dwarf Flowering Almond	D	4 ft. to 6 ft.
Rhus aromatica	Fragment Sumac	D	4 ft. to 6 ft.
Symphoricarpos alba	White Snowberry	D	5 ft. to 6 ft.
Weigela florida	Flowering Weigela	D	4 ft. to 5 ft.
Weigela vaniceki	Cardinal Shrub	D	4 ft. to 5 ft.
D = Deciduous E = Evergreen

Table 7.15: Large Shrubs Approved for Screens, Hedges and Specimen Planting
Botanic Name	Common Name	Type	Height
Caragana arborescens	Siberian Peashrub	D	12 ft. to 15 ft.
Cornus alba, “Elegantissima”	Variegated Dogwood	D	6 ft. to 10 ft.
Cornus alternifolia	Pagoda Dogwood	D	15 ft. to 20 ft.
Cornus sericea baileyi	Redtwig Dogwood	D	8 ft. to 10 ft.
Cotinus coggygria	Smoke Tree	D	8 ft. to 10 ft.
Cotoneaster acutifolious	Peking Cotoneaster	D	4 ft. to 8 ft.
Euonymus alatus “compactus”	Burning Bush	D	7 ft. to 10 ft.
Forsythia intermedia Hybrids	Hybrid Forsythia	D	7 ft. to 10 ft.
Forsythia suspensa	Weeping Forsythia	D	8 ft. to 10 ft.
Hamamelis virginiana	Common Witch Hazel	D	10 ft. to 15 ft.
Hibiscus syriacus	Rose of Sharon	D	4 ft. to 12 ft.
Hydrangea arborescens “Annabelle”	Annabelle Hydrangea	D	4 ft. to 15 ft.
Hydrangea paniculata “Grandiflora”	Peegee Hydrangea	D	6 ft. to 10 ft.
Ilex meserveae	Blue Holly	E	6 ft. to 8 ft.
Ilex opaca	American Holly	E	8 ft. to 15 ft.
Juniperus chinensis	Chinese Juniper	E	6 ft. to 15 ft.
Juniperus scopulorum	Rocky Mountain Juniper	E	6 ft. to 15 ft.
Ligustrum amurense	Amur Privet	D	4 ft. to 8 ft.
Ligustrum “Vicaryi”	Golden Vicary Privet	D	4 ft. to 12 ft.
Myrica pennsylvanica	Northern Bayberry	D	5 ft. to 10 ft.
Philadelphus coronarius	Sweet Mockorange	D	8 ft. to 10 ft.
Philadelphus virginialis	Minnesota Snowflake	D	6 ft. to 8 ft.
Picea glauca “Conica”	Dwarf Alberta Spruce	E	6 ft. to 10 ft.
Prunus cistena	Cistena Plum	D	6 ft. to 8 ft.
Prunus triloba	Flowering Almond	D	8 ft. to 10 ft.
Rhamnus frangula	Alder Buckthorn	D	12 ft. to 15 ft.
Rhus glabra	Smooth Sumac	D	8 ft. to 10 ft.
Rhus typhina	Staghorn Sumac	D	8 ft. to 12 ft.
Salix caprea	French Pussy Willow	D	15 ft. to 20 ft.
Sambucus canadensis	American Elderberry	D	6 ft. to 8 ft.
Shepherdia argentea	Silver Buffaloberry	D	5 ft. to 8 ft.
Sorbaria sorbifolia	Flase Spiraea	D	6 ft. to 8 ft.
Syringa chinensis	Chinese Lilac	D	6 ft. to 8 ft.
Syringa hyacinthiflora Hybrids	Hybrid Canadian Lilac	D	8 ft. to 12 ft.
Syringa vulgaris	Common Lilac	D	8 ft. to 12 ft.
Syringa vulgaris Hybrids	Hybrid French Lilac	D	8 ft. to 12 ft.
Taxus cuspidata “Capitata”	Upright Japanese Yew	E	10 ft. to 25 ft.
Taxus “Hicksi”	Hick’s Yew	E	10 ft. to 12 ft.
Thuja occidentalis Hybrids	American Arbovitae	E	4 ft. to 15 ft.
Viburnum dentatum	Arrowwood Viburnum	D	10 ft. to 15 ft.
Viburnum lantana	Wayfaring Tree	D	8 ft. to 15 ft.
Viburnum lantago	Nannyberry	D	8 ft. to 15 ft.
Viburnum opulus	European Cranberry Bush	D	10 ft. to 12 ft.
Viburnum placatum tomentosum	Doublefile Viburnum	D	8 ft. to 10 ft.
Viburnum prunifolium	Black Haw Viburnum	D	10 ft. to 12 ft.
Viburnum rhytidophyllum	Leatherleaf Viburnum	D	6 ft. to 15 ft.
Viburnum trilobum	American Cranberry Bush	D	8 ft. to 12 ft.
D = Deciduous E = Evergreen

Table 7.16: Low Spreading Shrubs Approved for Borders, Parking Islands and Groundcover
Botanic Name	Common Name	Type	Height
Berberis mentorensis	Mentor Barberry	E	3 ft. to 4 ft.
Berberis thunbergii Hybrids	Japanese Barberry	D	2 ft. to 4 ft.
Berberis verruculosa	Warty Barberry	E	2 ft. to 3 ft.
Buxus sempervirens	Boxwood	E	2 ft. to 3 ft.
Cotoneaster apiculata	Cranberry Cotoneaster	D	2 ft. to 3 ft.
Cotoneaster horizontalis	Rockspray Cotoneaster	D	1 ft. to 3 ft.
Daphne burkwoodii	Burkwood Daphne	D	3 ft. to 4 ft.
Duetzia gracilis	Slender Duetzia	D	2 ft. to 3 ft.
Euonymus fortunei “Sarcoxie”	Sarcoxie Euonymus	E	3 ft. to 4 ft.
Forsythia viridissima “Bronxensis”	Dwarf Forsythia	D	1 ft. to 2 ft.
Hypericon patulum	St. John’s Wort	D	2 ft. to 3 ft.
Juniperus (spreading varieties)	Juniper	E	1 ft. to 3 ft.
Mahonia aquifolium “Compacta”	Dwarf Oregon Grape	E	2 ft.
Microbiota decussata	Siberian Cypress	E	1 ft.
Philadelphus virginialis	Miniature Snowflake	D	2 ft. to 3 ft.
Picea abies “Nidiformis”	Birdnest Spruce	E	2 ft.
Picea abies “Pumila”	Dwarf Norway Spruce	E	2 ft. to 3 ft.
Picea pungens “Globosa”	Blue Globe Spruce	E	3 ft. to 4 ft.
Pinus mugo	Mugho Pine	D	3 ft. to 4 ft.
Potentilla fruticosa Hybrids	Bush Cinqufoil	D	2 ft. to 3 ft.
Rhus aromatica “Low Grow”	Low Grow Fragment Sumac	D	1 ft. to 2 ft.
Ribes alpinum	Alpine Currant	D	3 ft. to 5 ft.
Spirea bumalda	Spirea	D	2 ft. to 3 ft.
Spirea japonica	Japanese Spirea	D	2 ft. to 3 ft.
Spirea nipponica	Nippon Spirea	D	2 ft. to 3 ft.
Symphoricarpos orbiculatus	Coral Berry	D	3 ft. to 4 ft.
Syringa patula “Miss Kim”	Dwarf Korean Lilac	D	3 ft. to 5 ft.
Taxus cupidata “Nana”	Dwarf Japanese Yew	E	2 ft. to 3 ft.
Taxus media	Spreading Yew	E	2 ft. to 4 ft.
Thuja occidentalis “Hetzii Midget”	Hetz Midget Arborvitae	E	2 ft. to 3 ft.
Viburnum opulus “Nana”	European Cranberry Bush	D	1 ft. to 2 ft.
D = Deciduous E = Evergreen

Table 7.17: Vines for Walls and Fences
Botanic Name	Common Name	Type
Aristolochia durior	Dutchmans’s Pipe	D
Campsis radicans	Trumpetvine	D
Celastrus scandens	American Bittersweet	D
Clematis jackmanii	Clematis Hybrids	D
Clematis laguninos	Clematis Hybrids	D
Lonicera brownii	Dropmore Scarlet Honeysuckle	D
Lonicera hechrottie	Everblooming Honeysuckle	D
Parthenocissus quinquefolia	Virginia Creeper	D
Parthenocissus triscuspidata	Boston Ivy	D
D = Deciduous E = Evergreen

Table 7.18: Non-Qualifying Trees
Common Name	Botanical Name	Negative Feature(s)
American Elm*	Ulmus americana*	Insects, disease
Ash	Fraxinus spp.	Disease
Boxelder	Acer negundo	Aggressive, shallow roots, weak wood
Bradford Pear	Pyrus calleryana ‘Bradford’	Weak branching, low branches
Brazilian Pepper Tree	Schinus terebinthifolius	Invasive
Camphor Tree	Cinnamomum camphora	Invasive
Chinaberry Tree	Melia azedarach	Invasive
Cottonwood	Populus deltoides	Weak wood, shallow roots, seeds
European White Birch	Betula pendula	Insect prone, invasive
Ginkgo (Female)	Ginkgo biloba - Female	Fruits
Hackberry	Celtis occidentalis L.	Disease prone
Lombardy Poplar	Populus nigra ‘Italica’	Insects, disease, short-lived
Mimosa	Albizia julibrissin	Invasive
Mulberry	Morus species	Fruits, shallow roots, invasive
Norway Maple	Acer platanoides	Invasive
Princess Tree	Paulownia tomentosa	Invasive
Russian Olive	Elaeagnus angustifolia	Poor form, disease prone, invasive
Senegal Date Palm	Phoenix reclinata	Invasive
Siberian Elm	Ulmus pumila	Weak wood, seeds
Silver Maple	Acer saccharinum	Aggressive, shallow roots, weak wood
Tallow Tree	Triadica sebifera	Invasive
Tree of Heaven	Ailanthus altissima	Seeds, suckers, weak wood, invasive
White Lead Tree	Leucaena leucocephala	Invasive
White Poplar	Populus alba	Suckers, shallow roots, weak wood, invasive
(Wild) Black Cherry	Prunus serotina	Disease prone
* Note that suitable disease resistant cultivars and hybrids exist as substitutes for this species

(Ord. 07-16, passed 12-10-2007; Ord. 2008-07, passed 7-28-2008; Ord. 2009-04, passed 4-13-2009; Ord. 2014-06, passed 4-28-2014)

§ 7.9 ENVIRONMENTAL STANDARDS.

(A) The following general environmental standards shall be applicable to all zoning districts.

(1) Land suitability. No land should be used, or structure erected where the land is unsuitable for that use or structure due to slopes, adverse soil or rock formations, erosion susceptibility, or any other feature determined by the Planning and Zoning Administrator, County Surveyor or Plan Commission as likely to be harmful to the health, safety and general welfare of the community.

(2) Preservation of natural features. Existing natural features such as mature trees, streams, lakes, wetlands, streamside riparian areas, floodplains and similar assets should be preserved through harmonious and careful design. Land to be developed shall be designed and improved as far as practical in conformity to existing topography in order to minimize stormwater runoff and conserve the natural cover and soil.

(a) Wetlands. Wetland areas shall be protected and managed consistent with all applicable standards of the United States Army Corps of Engineers, the State Department of Environmental Management, United States Department of Agriculture and other appropriate agencies. Wetlands are critical to reducing pollutants.

(b) Streamside forests (riparian areas). All structures shall be set back a minimum of 25 feet from the top-of-bank, as determined by the ordinance. Within this required setback, preservation of native vegetation is encouraged and construction activity should be limited. Banks and uplands shall be stabilized.

(c) Floodplains. Floodplains shall be managed consistent with the City Utilities and Stormwater Board. Refer to the Chapter 56: Stormwater Management, of Volume One of the city code.

(d) Stormwater runoff. Other NPDES Phase II Best Management practices (BMPs) including vegetated swales and retention basin, bioretention facilities and rain gardens should be used to channel and contain stormwater runoff.

(e) Trees. When the preservation of existing trees is specified by the requirements of this ordinance and/or by conditions placed on the approval of an application the following standards shall be met:

(1) Construction activity. No construction activity damaging to the existing trees including the driving of construction vehicles and storage of construction materials shall occur within the drip-line of any tree to be preserved. Signs and construction fencing shall be used to demarcate the preservation areas and this information shall be shown on demolition, grading and landscaping plans.

(2) Tree maintenance. All trees to be preserved shall be included in an easement which prohibits the removal of healthy trees. Trees that are removed due to poor health, disease or act of nature shall be replaced by the property owner prior to the conclusion of the next planting season (spring or fall, whichever is sooner).

(f) Waste stored outdoors. No waste materials such as, but not limited to, garbage, rubbish, household appliances, inoperable vehicles, furniture designed for interior use, gasoline, oil, flammables, soils, tars, chemicals, greases, dead plant material, noxious weeds, industrial or agricultural waste, or any other material of nature, quantity, obnoxiousness, toxicity or temperature so as to contaminate, pollute or harm water bodies or groundwater, provide a habitat for disease carrying animals and insects, or represent a public safety hazard shall be deposited, located, stored or discharged outside on any lot.

(g) Waste stored in structures. Waste shall not be allowed to accumulate within structures in a manner that is inconsistent with applicable regulations for the storage of those materials.

(h) Open dumping. Open dumping shall not be permitted in any zoning district.

(B) Soil survey, drainage, erosion and sediment control.

(1) Basic requirements. Before granting an improvement location permit or a land disturbance/grading permit, the Planning and Zoning Administrator shall be satisfied that the proposed development meets the applicable criteria set forth herein for the tract of land concerning types of soils involved, and the conditions which are requisite to assure proper execution of erosion and sediment control and proper drainage. The Administrator shall be guided by the information set forth in the findings in the National Cooperative Soil Survey prepared by the United States Department of Agriculture (USDA) Soil Conservation Service (now Natural Resources Conservation Service - NRCS) in cooperation with the Purdue Experiment Station and the State Department of Natural Resources, Soil and Water Conservation District as well as the specifications set forth herein. The Administrator may also be guided by advice from the USDA NRCS, County Soil and Water Conservation District, County Drainage Board, State Department of Natural Resources Division of Water, State Department of Environmental Management and other agencies or officials offering technical assistance on the subjects of soils, drainage, erosion and sediment control. The applicant shall provide the information, report or plan required for his or her application; and any expense necessary to ensure adequate information, report or plan shall be met by the applicant.

(2) General.

(a) Minimizing erosion and sedimentation. No changes shall be made in the contour of the land; and no grading, excavating, removal or destruction of the top soil, trees or other vegetative cover of the land shall be commenced until a time that a plan for minimizing erosion and sedimentation has been reviewed by the Administrator, or there has been a determination by the Administrator that the plans are not necessary.

(b) Prerequisites for issuance of an improvement location permit. No improvement location permit or permit to alter land shall be issued unless:

(1) There has been a plan approved by the Administrator that provides for drainage and minimizing erosion and sedimentation consistent with this section, and an improvement bond or other acceptable securities are deposited with the city in the form of an escrow guarantee satisfactory for the planning, which will ensure installation and completion of the required improvements; or

(2) There has been a determination by the Administrator that a plan for drainage and minimizing erosion and sedimentation is not necessary.

(3) Excavations and fills. The type of fill shall be approved by the Administrator.

(a) Cut and fill slopes shall not be steeper than two to one ratio unless stabilized by a retaining wall or cribbing or as approved by the Administrator when handled under special conditions.

(b) Provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills by installation of temporary or permanent drainage across or above these areas but site hydrology shall not change.

(d) Fill shall be placed and compacted so as to minimize sliding or erosion of the soil.

(e) Fills shall not encroach on natural watercourses or constructed channels.

(f) Fills placed adjacent to natural watercourses or constructed channels shall have suitable protection against erosion during periods of flooding.

(g) Grading will not be done in a way so as to divert water onto the property of another land owner without the expressed consent of the Administrator.

(h) During grading operations, necessary measures for dust control will be exercised.

(i) Grading equipment will not be allowed to cross live streams. Provision will be made for the installation of temporary or permanent culverts or bridges.

(4) Erosion control plan.

(a) Where required by this ordinance, the erosion control plan shall be in conformance with the standards set forth in Chapter 56: Stormwater Management, of Volume One of the city code, as amended. The submittal standards are available in the City Planning and Building Department offices.

(b) All land, regardless of slope, from which structures or vegetative cover has been removed or destroyed, shall be appropriately graded and seeded within 15 days after removal to prevent erosion.

(5) Responsibility.

(a) Whenever sedimentation is caused by stripping vegetation, regrading or other development, it shall be the responsibility of the applicant, person, corporation or other entity causing the sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses and to repair any damage at his or her expense as quickly as possible.

(b) Maintenance of all driveways, parking areas, drainage facilities and watercourses within any development area is the responsibility of the applicant, or owner developer.

(c) It is the responsibility of the applicant and any person, corporation or other entity doing any act on or across a communal stream, watercourse or swale or upon the floodplain or right-of-way during the pendency of the activity to return it to its original or equal condition after the activity is completed.

(d) The applicant or owner will assume the responsibility for maintaining an open and free flowing condition in all major and minor streams, watercourses and drainage systems, constructed or improved in accordance with city and county design criteria.

(1) No applicant or person, corporation or other entity shall block, impede the flow of, alter, construct any structure or deposit any material or thing, or commit any act which will affect normal or flood flow in any communal stream or watercourse without having obtained prior approval from the County Drainage Board or the State Department of Natural Resources, Division of Water, whichever is applicable.

(2) Where a development area is traversed by a watercourse, the total development of the watercourse shall be considered. There shall be provided a drainage easement or right-of-way conforming substantially with the line of the watercourse, and of a width as will be adequate to preserve natural drainage to the satisfaction of the Administrator.

(6) Compliance with regulations and procedures.

(a) The design, installation and maintenance of the required drainage facilities and erosion and sediment control measures shall be in accordance with the criteria and standards established by the State Department of Natural Resources and IDEM.

(b) The approval of plans and specifications for the control of erosion and sedimentation shall be concurrent with the issuance of the improvement location permit, and become a part thereof.

(c) Permission for clearing and grading prior to the issuance of the improvement location permit shall be obtained under temporary easements or other conditions satisfactory to the Administrator.

(d) In the event the applicant or developer proceeds to clear and grade prior to the issuance of an improvement location permit or land disturbance/grading permit, and without satisfying conditions specified, the Planning and Zoning Administrator shall issue a violation in accordance with procedures set forth in Chapter 10.

(1) General performance standards. In the interests of protecting the public health, safety and welfare, and to lessen injury to property, all uses established or placed into operation after the effective date of the ordinance comprising the unified development ordinance of the city shall comply with the following performance standards. No use shall exhibit obnoxious characteristics to the extent that it constitutes a public nuisance as further prescribed hereinafter. No use in existence on the effective date of this ordinance shall be so altered or modified to conflict with these standards.

(a) Fire protection. Firefighting equipment and prevention measures acceptable to the City Fire Department shall be readily available and apparent when any activity involving the handling or storage of flammable or explosive materials is conducted.

(b) Electrical disturbance. No use shall cause electrical disturbance adversely affecting radio, television or other equipment in the vicinity.

(c) Noise. No use shall produce noise in a manner as to be objectionable because of volume, frequency, intermittence, beat, shrillness or vibration. The noise shall be muffled or otherwise controlled so as not to become detrimental, and shall meet the following specifications.

(1) No use shall produce noise in excess of 75 decibels, day or night.

(2) No activity or operation producing noise, other than ordinary vehicle noise, shall be conducted so that noise from the activity or operation can be detected at any point off of the lot on which that use is located.

(3) Public safety sirens and related apparatus used solely for public safety purposes shall be exempt from this standard.

(d) Vibration. No use shall cause vibrations or concussions detectable beyond the lot lines without the aid of instruments.

(e) Odor.

(1) Generally. No use shall emit across the lot lines malodorous gas or matter in a quantity as to be readily detectable without the aid of instruments at any point along or beyond the lot lines.

(2) Poisonous and injurious fumes and gases.

a. The emission of any gas or fumes across lot lines in concentrations as to be detrimental to or endanger public health, safety, comfort and welfare or which shall cause injury or damage to property or business is prohibited.

b. The emission of toxic or injurious fumes and gases shall be controlled so as to comply with the following. The emission from any source shall not cause at or beyond any lot line, concentrations of toxic and/or injurious fumes and gases in excess of 10% of the threshold limit as set for the fume or gas in question in the Threshold Limit Values for Toxic Materials in Industry issued by the State Board of Health from the American Conference of Governmental Hygienists, latest issue.

(f) Air pollution.

(1) Discharge. No use shall discharge across the lot lines fly ash, dust, smoke, vapors, noxious, toxic or corrosive matter, or other air pollutants in a concentration as to be detrimental to health, animals, vegetation or property, or in conflict with public air quality standards.

(2) Smoke. The emission of more than 70 smoke units per hour per stack and emissions in excess of Ringelmann No. 2 are prohibited, except that for one hour during any 24-hour period, this rate may be increased to 80 smoke units per hour per stack up to and including Ringelmann No. 3 for the purposes of process purging, soot blowing and fire cleaning, but not for more than five minutes.

(3) Particulate matter. The rate of emission of particulate matter from an individual process within the boundaries of any lot shall not exceed a figure of 0.06 pounds per 1,000 pounds effluent gas. Not more than 10% by weight of particles larger than 44 microns (325 mesh) shall be allowed.

(g) Heat and glare. No use on a property shall produce any glare or heat that is detectable without the aid of instruments at the property lines of the lot on which the use is located. All outdoor lighting shall be exempt from these industrial standards, but shall comply with § 7.15.

(h) Water pollution. No use shall produce erosion or other pollutants whether liquid, solid or gas in a quantity as to be detrimental to adjacent properties or in conflict with public water quality standards, or without the necessary required approvals of the State Department of Environmental Management.

(i) Waste matter. No use shall accumulate within the lot or discharge beyond the lot lines any waste matter, debris, refuse, trash, construction material, garbage, litter unfinished buildings, scrap metals, inoperable vehicles or rotting wood, whether liquid or solid, in conflict with applicable public health, safety and welfare standards and regulations.

(j) Ground absorption. Any and all chemicals or liquids that are a potential hazard for contamination must be contained so that there is no opportunity for ground absorption and contamination.

(2) Exemptions. The industrial standards provided by this chapter shall be subject to the following exemptions.

(a) Farming operations. Any applicable “Right to Farm” laws may supersede these standards as they pertain to farming and agricultural uses.

(b) Exemptions. The following uses, activities and circumstances shall be exempt from the standards established by this chapter:

(1) Motor vehicles. The operation of motor vehicles for the transportation of personnel, material or products; and

(2) Public safety alerts. Public safety sirens and related apparatus used solely for public purposes and/or necessary for the protection of life, limb or property.

(3) Applicability. All uses shall conform with any and all applicable requirements of the state and federal governments (including the standards of the Occupational Safety and Health Administration -OSHA). No use on a property shall exhibit obnoxious characteristics to the extent that it constitutes a public nuisance defined by and subject to the city code. In cases where the requirements of this ordinance are in conflict with other applicable requirements, the most restrictive shall apply. The Administrator shall issue violations for non-compliance in accordance with Chapter 10.

(4) Interpretation. The industrial standards established by this chapter provide general guidelines for discussing expectations with new and expanding industrial operations. They also provide references to applicable state and federal regulations. Where applicable the determination of conformance of industrial operations with the requirements of this chapter shall be determined by the Plan Commission, BZA or Administrator when consistent with the petition review procedures established by this ordinance.

(Ord. 07-16, passed 12-10-2007)

§ 7.10 ACCESSORY USES AND STRUCTURES.

(A) Intent. Accessory uses shall be permitted in all zoning districts in accordance with the provisions of this section. Accessory uses:

(1) Shall be incidental and subordinate to and commonly associated with the operation of the principal use of the lot;

(2) Shall be operated and maintained under the same ownership and on the same lot as the principal use;

(3) Shall not be permitted prior to the erection and operation of the principal use, unless a temporary improvement location permit is obtained in accordance with § 9.3; and

(4) Shall be clearly subordinate in height, area, bulk, extent and purpose to the principal use served and shall not exceed the following:

(a) Setback.

(1) Front setback. Accessory structures shall be located no closer to the front lot line than the building facade line of the principal use.

(2) Side setback. Accessory structures may encroach upon the side setback, but they may be located no closer than ten feet to the side property line.

(3) Rear setback. Accessory structures may encroach upon the rear setback, but they may be located no closer than ten feet to the rear property line.

(4) Encroachment. Accessory structures shall not encroach upon any required landscaping or bufferyard.

(5) CB District. Refer to § 6.3 for accessory structures in the CB District.

(b) Area. No accessory structure located on residentially zoned property shall have an area greater than 50% of the area of the principal structure. Accessory structures located on non-residentially zoned properties shall not have an area greater than 15% of the area of the principal structure.

(B) Permitted accessory uses.

(1) Appurtenant features such as walks, driveways, curbs, drainage installations, chimneys, garages, gazebos, hot tub enclosures, carports, canopies, pool houses, porches, patios, greenhouses mailboxes, lamp posts, bird baths and structures of a like nature are permitted;

(2) Buildings or structures such as canopies, porte-cocheres, patios, outdoor fireplaces, bathhouses and cabanas, doghouses, children’s play equipment, greenhouses and similar accessory buildings or structures are permitted;

(3) The keeping of no more than three domestic pets, provided it is not for profit and not construed as a kennel, is permitted. More than three pets shall be considered “raising or breeding of non-farm fowl and animals” and shall be subject to the regulations of a use;

(4) Fences, walls and structural screens are permitted when they do not impede intersection visibility. See §§ 7.2 and 7.14;

(5) Off-street motor vehicle parking and loading areas are permitted, as set forth in § 7.5;

(6) Signs, as set forth in § 7.7;

(7) Swimming pools require an improvement location permit, per § 9.3 and shall meet the following requirements:

(a) Private swimming pools shall be surrounded by a self-latching fence at least six feet in height, located at least three feet from the edge of the water on all sides, and maintained so as to prevent access to children or animals. If the fence is not a six-foot privacy fence, an automatic pool cover shall be required; and

(b) If any side or sides of a private swimming pool lie within 25 feet of abutting residential use:

(1) A solid planting screen shall be provided and maintained which shall grow to a height of eight feet and a depth of six feet;

(2) A solid screen of suitable construction material to a height of eight feet and a depth of six feet; or

(3) A solid screen of suitable construction material to a height of eight feet, which will act as a sound barrier on the side or sides, shall be provided and maintained.

(8) Radio and television antennae and satellite dishes, and amateur radio sending and receiving antennae are permitted, subject to the following:

(a) Ground-mounted satellite dishes and antennae shall be prohibited in any front or side yard.

(b) Ground-mounted dishes and antennae shall be placed between the rear of the main structure and the rear property line, set back at least five feet from all property lines. Required yard areas must be met.

(c) Ground-mounted antennae shall not exceed 12 feet in height in any residential district or 75 feet in height in any nonresidential district, and shall be obscured from the public right-of-way by buildings or landscaping

(d) Roof or building mounted antennae shall not exceed nine feet in elevation or four feet above the highest building elevation, whichever is less.

(e) No satellite dish shall exceed two feet in diameter or seven feet in height, unless the dish is mounted on a building, in which case it shall not extend higher than the roof of the building upon which it is mounted.

(9) Management offices in multifamily dwellings and other facilities normally associated with tenants’ convenience, such as vending machines and washing machines are permitted, provided there is no exterior display and they are screened in accordance with § 7.13;

(10) Dumpsters, recycling containers and trash compactors shall be fully enclosed by a structure that shall be:

(a) Located no closer to any right-of-way than the principal structure;

(b) A minimum of six feet and maximum of eight feet in height;

(c) Dumpsters and recycling containers shall be screened on three sides by the construction of permanent opaque wooden, brick or masonry screens. Constructed of masonry materials that are compatible with the principal structure. Landscaping shall be used to soften the wall; and

(d) The fourth side which provides access to the dumpster or recycling container for refuse collectors shall be gated and situated so that the container is not visible at an angle greater than 45 degrees from adjacent public streets.

(11) All vending machines shall be screened around the exterior of any building on the premises. Vending machines on the exterior of any building on the premises shall be located under an awning or contained in a roofed shelter, stall or other structure so located as not to interfere materially with the use of adjacent properties;

(12) Child care homes in accordance with I.C. 12-17-2-5;

(13) Storage areas are permitted only as regulated in § 7.13 of this ordinance;

(14) Private residential garages and carports for the storage of motor vehicles are permitted, provided that the structures are accessory to private, residential uses, are used for the storage of motor vehicles, and are clearly accessory and not for commercial purposes; and

(15) Storage or parking of recreational vehicles (including travel trailer, boat trailer and the like) in the open is permitted, subject to the standards in § 7.5, § 7.13 and the following conditions:

(a) In any district the wheels or any similar transporting devices of any recreational vehicle shall not be removed except for repairs, nor shall the vehicle be otherwise permanently fixed to the ground in a manner that would prevent ready removal of the types of mobile structures;

(b) Recreational vehicles may be stored or parked by the owner thereof behind or along side the principal building in a manner that no part of any vehicle shall project beyond the front or side setback lines of the lot;

(c) Not more than one recreational vehicle will be permitted to be parked or stored in the open on residential property at any one time in accordance with § 7.5(J)(5); and

(d) At no time shall a parked or stored recreational vehicle be occupied or used for living, sleeping or housekeeping purposes, except as provided for visitations in subsection (B)(15)(c) above.

(C) Accessory apartments. These provisions shall apply in all zoning districts whether the use is permitted, conditional, accessory or temporary. Accessory apartments, also known as “granny flats” or “in-law units” shall require a certificate of compliance as per § 9.12 obtained from the City Planning and Building Department.

(1) In any residential district, a conditional use may be granted for an accessory apartment to be constructed within a single-family detached residence or within the existing accessory structure of the residence, provided a lot has a minimum area of 10,000 square feet.

(2) Accessory apartments shall be limited to occupation by related family members or domestic employees only.

(3) The owner(s) of the single-family lot upon which the accessory apartment is located shall occupy at least one of the dwelling units on the premises.

(4) The minimum floor area for an accessory apartment within a principal dwelling shall be 600 square feet, but in no case shall it exceed 25% of the area of the principal residence in which it is located.

(5) The minimum floor area for an accessory apartment located in an existing accessory building shall be 600 square feet, and shall not exceed the area of the existing accessory structure at the time the conditional use was approved.

(6) No more than one accessory apartment shall be permitted per lot.

(7) If an accessory apartment is located within the principal building, the only entry to the unit and its design shall be so that the appearance of the buildings will remain as a single-family residence.

(a) Only one entrance to the principal building shall be visible from the front yard.

(b) No exterior stairway to the second floor shall be permitted at the front or side of the building.

(8) Accessory apartments located in existing accessory structures shall be located, designed, constructed and landscaped in a manner that to the maximum extent feasible the appearance of the property remains as a single-family lot.

(9) Conditional use for accessory apartments shall be obtained from the Board of Zoning Appeals as per § 9.5 of this ordinance and must be renewed every five years.

(D) Agricultural exception. Accessory structures used exclusively for agricultural purposes shall be exempt from maximum floor area and timing requirements of this section.

(Ord. 07-16, passed 12-10-2007; Ord. 2015-08, passed 5-26-2015)

§ 7.11 TEMPORARY USES.

(A) Intent. Temporary uses shall be permitted in applicable districts by the grant of a temporary improvement location permit issued by the Planning and Zoning Administrator in accordance with the requirements of this section, unless otherwise specified.

(B) General provisions.

(1) The duration of the temporary period is stated below, however, renewal of the permit may be requested.

(2) Temporary uses shall be subject to all the regulations of the applicable district in which they are located.

(3) All temporary uses shall occur outside of the right-of-way.

(1) Temporary home sales facilities. Temporary model homes and temporary sales trailers shall be permitted in each development until either building permits have been obtained for greater than 90% of the lots included in the preliminary plat for the development or two years from the date of approval of the secondary plat or final detailed plan for the most recent section of the development, whichever is less. An improvement location permit shall be required.

(a) Location. Temporary home sales facilities shall be located on a lot in the development in which the homes are for sale. No other structures shall be permitted on any lot occupied by a model home or temporary sales trailer.

(b) Design requirements. The placement of home sales facilities shall be consistent with the following requirements.

(1) Uses. The use of the facility shall be limited to open house purposes for prospective buyers. Temporary home sales facilities may not be directly used for the purpose of selling homes in other developments or in other communities.

(2) Signs. Signs shall be placed in a manner consistent with § 7.2 and in compliance with § 7.7 of this ordinance.

(c) Lighting. All exterior lighting for model homes shall be limited to typical household exterior lighting. The use of all other types of lighting, including floodlighting and search lights shall be as specified in § 7.15.

(d) Parking. Temporary home sales facilities shall conform with the following parking requirements.

(1) Model homes shall provide a minimum of five off-street parking spaces for the use of salespersons and potential buyers. The parking spaces shall conform to the size requirements of this ordinance. Off-street parking for the facility shall be located in, and not extend beyond, the driveway. The driveway area shall be consistent in size and paving with those of the homes to be constructed in the development.

(2) Temporary sales trailers shall provide two off-street parking spaces. The spaces shall be surfaced with stone meeting the requirements of the City Street Department.

(e) Landscaping. Temporary home sales facilities shall conform with the following landscaping requirements.

(1) Model homes shall provide landscaping consistent with that which will be provided for homes to be constructed in the development.

(2) Temporary sales trailers shall provide a landscape area extending from the trailer for five feet in each direction. The landscaping shall include a variety of shrubs and other materials consistent with the landscaping design of the development. The trailer site shall be graded to ensure proper drainage and treated with a combination of grass seed and sod appropriate to prevent erosion and provide a lawn consistent with that of the homes to be built in the development.

(f) Model home conversion. Prior to the sale of a model home for use as a residence, all signage shall be removed and the garage area restored.

(g) Sales trailer conversion. Any builder using a temporary home sales trailer and either constructing an approved model home, or removing the trailer, shall restore the trailer site to pre-installation conditions, removing the trailer and any associated signage and lighting. If the trailer is to be replaced by a model home, the trailer and all associated site features shall be removed prior to the issuance of a permanent certificate of occupancy for the model home.

(h) Construction. Temporary building or yard for construction trailers, materials and equipment, both incidental and necessary to construction. Maximum time permitted: duration of the construction activity or any extension thereof.

(2) Special event.

(a) A parking lot may be designated for a special event, but shall be so used for no more than seven days prior to and three days after the event.

(b) Temporary signs may be used in connection with a special event, but shall not be used for more than ten days and shall be used for no more than two special events per year. See § 7.7(E) for limitations on temporary signs.

(3) Festivals. Bazaars, carnivals and similar temporary uses. Maximum time permitted: ten days.

(4) Garage/yard sales. Garage/yard sales are permitted to occur four times per calendar year, for a maximum of 12 days per calendar year. Garage/yard sales shall be distinguished from flea markets in that garage/yards sales are clearly incidental to residential uses, while flea markets are commercial businesses and principal uses. In no instance shall this provision be interpreted as permitting the operation of a flea market.

(a) All items of personal property sold at a garage and/or yard sale shall be owned by the owner or occupier of the premises or by a participant at the sale. Personal property for sale must not be property that has been acquired by the owner expressly for the purpose of resale.

(b) All personal property exhibited for sale outside any structure during a garage and/or yard sale shall be removed from the outside and placed within a building immediately following the last day of the sale. All signs erected for a garage and/or yard sale shall likewise be immediately removed at the conclusion of the sale.

(5) Seasonal sales. Sale of Christmas trees, outdoor tent theater, sale of seasonal fruits and vegetables from roadside stands, tent sales. Maximum time permitted: 60 days and no more than four sales per year.

(6) Parking of recreational vehicles for visitation. Maximum time permitted: seven days, with a maximum total of 14 days per year.

(7) Temporary office. Mobile home as a temporary office during the period of construction and development. Maximum time permitted: 18 months.

(8) Other similar uses. Other similar uses deemed temporary by the Plan Commission and attached with the time period, conditions and safeguards as the Commission may deem necessary.

(D) Standards.

(1) Adequate access and off-street parking facilities shall be provided which shall not interfere with traffic movement on adjacent streets.

(2) No public address systems or other noise producing devices shall be permitted in a residential district.

(3) Any flood lights or other lighting shall be directed upon the premises and shall not be detrimental to adjacent properties.

(4) No banners, pennants or unnecessary signs shall be permitted unless as otherwise specified. Refer to § 7.7 for additional standards.

(5) The lot shall be put in clean condition devoid of temporary use remnants upon termination of the temporary period.

(Ord. 07-16, passed 12-10-2007)

§ 7.12 HOME OCCUPATION STANDARDS.

(A) Permitted districts and applicability. Home occupations are permitted, and these standards are applicable in, the SF, SF1, SF2, SF3, TR, MF, MH, CB and NB Districts.

(B) Permitted home occupations.

(1) Home occupations shall be permitted as accessory uses to residential uses subject to meeting the requirements of this ordinance and receiving a home occupation permit from the Planning and Zoning Administrator.

(2) Those occupations shall not adversely affect the residential character of the zoning district or interfere with the reasonable enjoyment of adjoining property.

(C) Standards. Permitted home occupations shall be subject to all the regulations of the applicable district and meet the following requirements.

(1) The home occupation shall not involve any activity which is illegal.

(2) The operator conducting the home occupation shall be the sole entrepreneur, and shall not employ any other person other than a member of the immediate family residing on the premises.

(3) The principal use of the structure or dwelling unit shall remain residential, and the operator of the home occupation shall remain a resident in the dwelling unit.

(4) No structural additions, enlargements or exterior alterations changing the residential appearance to a business appearance shall be permitted.

(5) No additional and separate entrance incongruent with the residential structural design shall be constructed for the purpose of conducting the home occupation.

(6) No more than 25% of the floor area of the dwelling unit shall be devoted to a home occupation.

(7) The home occupations shall be conducted entirely within the principal building or dwelling unit used as a residence. No home occupation shall be conducted in any accessory building.

(8) No provision for extra off-street parking or loading facilities, other than the requirements and permitted facilities of the zone district, shall be permitted. No part of a minimum required setback distance shall be used for off-street parking or loading facilities, and no additional driveway to serve the home occupations shall be permitted.

(9) Home occupations shall not involve on-site customers, employees, meetings or other events that necessitate the installation of any off-street parking spaces in addition to those required by this ordinance for the dwelling unit. Home occupations which present a significant increase in the amount of traffic on neighborhood streets will not be permitted.

(10) No display of goods or external evidence of the home occupation shall be permitted, except for one non-animated, non-illuminated, non-flashing announcement plate, indicating not more than the name of the occupation and name and address of the resident. The plate shall be attached flat against the wall of the residence and shall not exceed one-square foot in total surface area.

(11) The home occupation shall not involve retailing from the residence which, for the purpose of this section, shall mean a display of inventory visible from the street or sidewalk and/or the sale of commodities which requires customers visiting the premises.

(12) There shall be no use of equipment or processes that create noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, detectable by neighbors.

(13) (a) For the purpose of this ordinance, the uses that, by the nature of their 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 shall not be permitted. Therefore, the uses specified below shall not be permitted as home occupations:

(1) Medical, dental, law, insurance and real estate offices;

(2) Houses of worship;

(3) Dance studios;

(4) Automobile repair;

(5) Private clubs;

(6) Welding shops;

(7) Barber shops and beauty parlors;

(8) Boarding house;

(9) Animal hospitals and kennels; and

(10) Trailer rentals.

(b) Those uses listed above or any other use not meeting the standards of this section, shall not be permitted uses in residential zoning districts unless they are granted a variance by the Board of Zoning Appeals. See § 9.23.

(14) The provisions of this section shall not be deemed to supersede any deed restriction, covenant, agreement, master deed, bylaws or other documents which prohibit a home occupation within a dwelling unit.

(D) Permitting. No home occupation shall be allowed without the owner first obtaining a permit from the City Planning and Building Department. Application must be made on a form provided by the Administrator, and the applicant for a home occupation permit shall pay required fees in connection with the submittal of the application in accordance with the fee schedules adopted.

(E) Denial of permit. In cases where the Administrator, or his or her appointed representative, considers the home occupation to be out of the scope of home occupations permitted by this ordinance, the application shall be denied.

(F) Time limit. All home occupation permits shall be valid for a period of two years from the initial date of approval.

(G) Renewal. Home occupation permits may be renewed, provided there has not been any violation of the provisions of this section. Requests for renewals shall be submitted to the Administrator in writing, accompanied by the renewal fee set by the adopted fee schedule, one month prior to the expiration of the home occupation permit.

(H) Inspection. Home occupation applicants shall permit a reasonable inspection of the premises by the Planning and Building Department, in order to determine compliance with these regulations, upon application for a home occupation permit, upon renewal of the permit, and upon receipt of any complaints of a violation of the regulations of this section.

(Ord. 07-16, passed 12-10-2007)

§ 7.13 OUTDOOR SALES, DISPLAY AND STORAGE.

(A) General provisions. The following shall apply to all districts whether the use is permitted, conditional, accessory or temporary.

(1) Permanent outdoor sales, display, storage of materials, areas for wholesaling, warehousing or distribution operations shall be permitted if they conform to the standards of this section.

(2) Approved and documented permanent outdoor display, sales and storage areas shall be permitted uses, tied to the principal use.

(3) Outdoor displays shall not be located in any required yards or off-street parking or loading areas.

(4) Display areas shall be of concrete, asphaltic pavement or other permanent paving material and shall be maintained in good condition.

(5) Approved permanent outdoor display areas can be used at any time and for any duration to display products, seasonal sales and the like; including vending machines, propane tanks and ice machines without the need for another permit when new items are displayed.

(6) The maximum area for outdoor sales and display shall not exceed 10% of the principal structure or primary tenant space.

(7) Every approved permanent outdoor display area shall be in close proximity to the facade of the principal structure and shall be screened in accordance with the following standards.

(8) Lighting shall comply with § 7.15.

(B) Types of uses.

(1) Refuse containers. Adequate indoor or outdoor trash/recycling containers shall be required, provided, however, that trash containers exceeding six cubic feet shall be screened according to the provisions of § 7.10 for dumpsters, trash compactors, recycling bins and the like, and be located in association with the principal structure, away from the view of the street and out of the front yard.

(2) Outdoor vending. Vending machines, propane displays and the like shall be located under a covering that is part of the principal structure that may also be enclosed with a knee wall that extends from the principal structure and is topped with transparent fencing.

(3) Automobile dealership. The outdoor display, storage and parking of vehicles for sale shall be allowed, provided that all preparation, repair and maintenance of the vehicles shall be enclosed. Perimeter and interior landscaping standards for parking lots shall apply though plant material may be clustered to maximize display.

(4) Industrial uses. This subsection applies to all zoning districts.

(a) All industrial use operations, services and processing shall be conducted within completely enclosed buildings.

(b) (1) All storage of raw, processed or finished materials for industrial use shall take place within completely enclosed buildings.

(2) Exemption. The storage of raw, processed or finished materials for industrial use within the ID zoning district may be unenclosed, subject to the screening standards of § 7.8(O)(6).

(5) Open air/drive through businesses. Any establishment where the principal use is a drive-through type of business, or is generally characterized by open-air business operations, shall be subject to the following standards:

(a) These business uses shall be screened according to the provisions of § 7.8.

(b) These business uses shall be limited to the characteristics customarily associated with that use and no other.

(c) Drive through stacking spaces shall be provided in accordance with § 7.5 and Table 7.4: Schedule of Parking Standards.

(d) All drive-through establishments shall be subject to site plan review and approval by the Administrator prior to the issuance of any building permits. At a minimum this review shall include off-site and on-site circulation related to the use, including turning movement and compatibility with pedestrian circulation.

(6) Storage. These provisions shall apply in all zoning districts whether the use is permitted, conditional, accessory or temporary.

(a) Storage in required yards or right-of-way.

(1) Storage of materials which is incidental to a principal use in a nonresidential district shall be permitted, provided that the storage is located within an enclosed structure, or the provisions of § 7.10 are met.

(2) No portion of any required yard shall be used for the permanent storage of motor vehicles, storage containers (PODS), semi-tractors, trailers, airplanes, boats, or parts thereof, rubbish, garbage, junk, tent or building materials, except during construction and in accordance with the terms of this ordinance.

(3) No storage shall occur within any right-of-way.

(4) Permanent storage, for the purpose of this subsection, shall be construed as the presence of the storage for a period of 48 or more consecutive hours in any one-week period.

(b) Bulk storage.

(1) In any district in which bulk storage is permitted, structures, buildings or above- ground tanks used for bulk storage of flammable or explosive liquids, gases or other materials, shall not be located closer than 50 feet to the property line.

(2) The entire premises where the bulk storage is located shall be enclosed within an opaque fence, or equivalent, of not less than six-feet high, except as otherwise required by § 7.10 of this ordinance.

(3) Lots containing bulk storage shall be screened according to the provisions of § 7.8.

(4) Additional information regarding evidence of safety measures may be required in order to determine the public safety therein.

(1) The storage shall be accessory to the use of the main building on the lot.

(2) The storage shall be located behind the front or exterior wall of the main building facing any street and shall comply with all yard regulations of this ordinance and with § 7.2.

(3) The storage shall not cover more than 5% of the lot area or an area in excess of twice the ground floor area of the main building on the lot, whichever is less.

(4) The storage shall be screened according to the provisions of § 7.8.

(Ord. 07-16, passed 12-10-2007)

§ 7.14 FENCE AND WALL STANDARDS.

(A) General standards. These standards are applicable to all zoning districts.

(1) General requirements. Fences and walls shall be permitted in all zoning districts upon obtaining a fence permit as per § 9.7. Fences and walls shall be subject to conformance with the following requirements:

(a) Structural face. All fences and walls shall present the non-structural face outward.

(b) Drainage. No fence or wall shall disrupt the flow of water in any drainage easement, or otherwise result in impediments for stormwater runoff. Any fence or wall located in an easement may be removed by the easement holder when accessing the easement.

(c) Setbacks. No fence or wall may be permitted closer than three feet from a property line, except as may be otherwise provided in this ordinance.

(1) No fence or wall may be placed in any right-of-way or required sight visibility triangle. See § 7.2.

(2) Fences and walls within the easement of a drain, pond and/or lake shall require the approval of Lebanon Utilities and/or the County Surveyor.

(3) Fences shall be setback a minimum of 15 feet from the top of bank of a pond in order to provide of emergency access and maintenance.

(4) Fences shall only be placed in common areas as part of an approved development plan.

(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, textured masonry, stone or synthetic materials styled to simulate natural materials.

(2) Height exceptions. Fences specifically required by this ordinance for screening, telecommunications facilities, or other purposes may exceed the maximum heights established by this chapter consistent with the appropriate specific requirements of this ordinance.

(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.

(B) Residential fence and wall standards. These standards are applicable to the SF, SF1, SF2, SF3, TR, MF, MH, CB and NB Zoning Districts.

(1) Height requirements. Fences and walls shall not exceed six feet in height in any side or rear yard or three and one-half feet (42 inches) in height in any front yard.

(2) Front yard fences. Front yard fences shall be at least 50% open. 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 principal structure that faces it.

(3) Fences used in combination. Where fences are used in combination with required landscaping on the perimeter of residential subdivisions in designated common area or easement, the landscaping shall be placed on the street side of the fence.

(4) Prohibited fences. All electrified, barbed wire, razor wire and stockade fences are prohibited on all non-farm property. Chainlink fences are prohibited in the frontyard in residential districts. In no instance shall this be interpreted as prohibiting the use of invisible fences.

(C) Nonresidential fence and wall standards. These standards are applicable to the CB, NB, PBC, IN, PBO, PBI and ID Zoning Districts.

(1) Height requirements. Fences and walls shall not exceed eight feet in height in rear and side yards.

(2) Decorative fences. Decorative fences constructed of high quality materials such as brick, stone, decorative block, metal or wood not exceeding 48 inches in height and may be located in any frontyard, provided that they are a minimum of 50% open.

(3) Landscaping. Landscaping shall be used to complement the fence.

(4) Breaks. Breaks should be provided by variation in height, columns, recesses and projections. Maximum uninterrupted length of fence plane should be 100 feet.

(5) Fences and athletic facilities. Fences for athletic facilities such as ball diamonds, tennis courts and driving ranges shall be exempt from the height requirements. Chainlink fences in rear and sideyards shall be vinyl-coated.

(6) Chainlink fences. Where chainlink fencing is used to meet screening requirements, it shall be reinforced with a landscape screen a minimum of six feet high.

(7) Prohibited fences. All electrified, barbed wire, razor wire and stockade fences are prohibited on all non-farm property. Uses in the General Industrial District and penal and correctional facilities shall be exempt from this standard.

(Ord. 07-16, passed 12-10-2007; Ord. 2008-07, passed 7-28-2008)

§ 7.15 EXTERIOR LIGHTING STANDARDS.

(A) General exterior lighting standards. These standards are applicable to all new or replaced lighting in all zoning districts.

(1) Lighting plan. A lighting plan shall be required as part of an application for a development plan, secondary plat, PUD or approved detailed plan. The lighting plan shall include the following information:

(a) A plan that shows the buildings, landscaping and parking areas with locations of proposed exterior fixtures;

(b) A photometric plan;

(d) Proposed mounting height of all exterior features.

(2) Mounting height measurement. For the purposes of this chapter, the mounting height of all light fixtures shall be defined as the vertical distance between the adjacent grade level of the surface being illuminated and the top of the lighting fixture (luminaire).

(3) Cutoff. All freestanding lights and lights mounted on walls or facades shall use cutoff, semi-cutoff or full-cutoff luminaires.

(4) Shielding. All lighting shall be fully shielded with opaque material to prevent direct lighting on streets, alleys and adjacent properties.

(5) Use of timers/dimmers. Wherever practicable, exterior lighting shall include timers, dimmers and/or sensors to reduce overall energy consumption and eliminate unneeded lighting.

(6) Light trespass. Light trespass into the night sky and onto neighboring properties shall be prevented through the use of those techniques as recessed lamps (bulb), horizontally mounted lamps with reflectors, glass, polycarbonate or acrylic refractors, louvered optics and house-side shields.

Example of Lighting Trespass by Fixture Type

(7) Electrical service. The electrical service to all outdoor lighting fixtures shall be underground, unless the fixtures are mounted directly on buildings or utility poles.

(8) Holiday lighting. Holiday lighting shall be exempt from the provisions of this chapter.

(9) Architectural accent lighting. All ground lighting used to cast light on building facades, building features or signs shall have shields to ensure that light does not project beyond the building or sign, and shall utilize the minimum amount of light necessary to light the facade, building feature or sign. The light fixture and bulb shall be shielded from view of any street, sidewalk or parking lot.

(B) Residential lighting. These following standards shall apply to residential uses or zoning districts.

(1) The maximum height of light fixtures including the base shall not exceed 15 feet.

(2) Light fixtures shall be coordinated and used to enhance the overall design and character of the neighborhood.

(3) Light levels shall not exceed three-tenths footcandles at the property line. Facial identification is possible at five-tenths footcandles.

(4) In the absence of residential street lighting, yard post or wall-mounted dusk-to-dawn coach lights shall be provided on each residence.

(C) Commercial lighting. Street and parking lot lighting shall be part of the overall design concept and addressed as part of the development plan. The requirements are as follows.

(1) Uniformity. Lights shall be arranged in order to provide uniform illumination throughout the parking lot.

(2) Levels. The average maximum maintained illumination shall be three footcandles. The maximum footcandles at the property line shall not exceed five-tenths footcandles. If adjacent to residential district or use, the light level shall not exceed three-tenths footcandles at the property line. If adjacent to an intersection of two public rights-of-way, or at the intersection of a private entrance drive and a public right-of-way, the illumination may be an average maximum of six-tenths footcandles at the property line for up to 75 feet from the intersection right-of-way.

(3) Shielding. Lights shall be placed and employ shields as to avoid glare and direct illumination away from adjacent properties or streets.

(4) Placement. Lighting shall be considered for entrances, drive aisles, parking lots, pedestrian areas and to highlight the building.

(5) Lighting fixtures. All lighting fixtures providing illumination shall be full cutoff, cutoff or semi-cutoff fixtures (most to least restrictive) and directed downward at ground level. All luminaires with these features comply with “dark sky” recommendations for exterior lighting. Refer to Illumination Engineering Society of North America (IESNA) guidelines.

(6) Maximum mounting height. The maximum mounting height for street and parking lot light fixtures shall be 24 feet in multifamily residential, institutional and commercial zoning districts; and 30 feet in all industrial zoning districts.

(D) Illuminated canopy requirements. Lighting levels under canopies for gas stations, convenience stores, drive-up banking centers and similar locations shall be adequate to facilitate the activities taking place on the property, and shall not be used for the purpose of illuminating signs. This 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.

(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) The minimum illumination under canopies shall not exceed five footcandles at grade level, and the average maintained illumination shall not exceed 30 footcandles.

(4) 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 chapter.

(5) Lighting for drive-through bays used for car wash, oil change or similar must be fully shielded as if located outside.

(E) Lighting of exterior display/sales areas. Lighting levels on exterior display/sales areas shall be adequate to facilitate the activities taking place in these locations. This lighting shall conform with the following requirements.

(1) Lighting fixtures. All lighting fixtures used to illuminate exterior display/sales areas shall be cutoff, semi-cutoff or full cutoff fixtures (luminaires) focused directly downward onto the display/sales area. The light fixtures shall be located, mounted, aimed and shielded so that direct light is not cast onto adjacent streets or properties.

(2) Fixture location. All lighting fixtures and mounting poles shall be located within the areas being illuminated.

(3) Light levels. The average horizontal illumination at grade level shall not exceed five footcandles on average and minimum illumination shall not exceed a four to one ratio.

(F) 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) Play/performance area lighting. 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) Dual lighting system. 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.

(3) Certified. Limits on light trespass as stated above apply to outdoor facilities. Every lighting system design and installation of this type shall be certified by a registered engineer as conforming to all applicable restrictions of this ordinance.

(4) Maximum levels. Maximum levels of illumination shall not exceed 40 footcandles.

(5) Exemptions. Outdoor athletic fields and courts established as accessory uses to single and two-family residences shall be exempt from these requirements.

(G) Security lighting. Security lighting shall be coordinated with other lighting on the property to the extent possible and shall otherwise conform with the following requirements.

(1) Nonresidential lighting fixtures. All security lighting in nonresidential areas shall be shielded and specifically aimed so that illumination is directed only to the intended area. 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.

(2) Residential lighting fixtures. 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.

(H) Lighting of building facades or other vertical structures. Building facades or other structures may be illuminated, subject to the following requirements.

(1) Lighting fixtures. Lighting fixtures shall be located, aimed and shielded so that light is directed only onto the building facade. Lighting fixtures shall not be directed toward adjacent streets or roads.

(2) Lighting direction. Lighting fixtures shall be designed to wash the facade of the building with light (rather than providing a spot or floodlight affect) and may be directed upward or downward onto the facade. Exterior facade lighting shall be contained on the building facade or in the landscape areas adjacent to the building and shall focus on entries and architectural features.

(3) Upward lighting. If upward lighting is used to illuminate flags, only spotlights shall be used; floodlights directed above the horizontal shall not be used to illuminate a flag.

(I) Illuminated signs.

(1) External illumination. 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.

(2) Internal illumination. Internally illuminated signs constructed with an opaque background and lighter contrasting text or symbols are preferred. When within 600 feet of a residential use or district, the average level of illumination on the vertical surface of the sign shall not exceed three luces.

(Ord. 07-16, passed 12-10-2007)

§ 7.16 TELECOMMUNICATIONS FACILITIES.

(A) Wireless communication facilities (cell towers). These provisions shall apply in all zoning districts whether the use is permitted, conditional, accessory or temporary.

(B) Required approvals. The placement of telecommunications facilities shall meet the following approval requirements:

(1) Installation of new antenna. The installation of new antenna(s) on existing towers, including legal nonconforming towers and existing alternative structures (such as water towers, buildings or church steeples). 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 chapter for the installation of new towers as described;

(2) 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; and

(3) Installation of new tower. The installation of any new tower(s) shall be reviewed consistent with the provisions of this chapter and Chapter 4.

(C) 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 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; and

(6) Land availability. Additional land area is not available (when necessary).

Sample Telecommunications Facility Layout

(D) Co-location capability. New freestanding towers classified as a wireless communication facility for purposes other than commercial radio or television broadcast 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.

(3) An affidavit shall be submitted with the development plan stating the extent to which the tower owner agrees to allow additional equipment by other service providers to be located on the tower and its premises on a reasonable and non-discriminatory basis.

(E) Abandoned facilities. The owner of the property shall notify the Administrator at the time that a wireless communication facility ceases operation. Any tower or antenna that is not operated for a period of six months shall be considered abandoned, and the owner of the tower or antenna, or the owner of the property, shall remove the same, including any accessory equipment, within 60 days, after which time the city may cause removal of the tower or antenna at the property owner’s expense. After written notice to the property owner, the city may place a lien on the property until the city is reimbursed for the cost of removal of the abandoned wireless telecommunication facility. If there are two or more users of a single tower, this provision shall not become effective until all antennas located on the tower cease operation for the period specified above.

(F) Design requirements. All telecommunications facilities shall meet the following design requirements.

(1) 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.

(a) 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.

(b) 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.

(2) 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 cutoff luminaries (shielded downlighting).

(3) 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.

(a) In the NB, CB, PBC, IN Zoning Districts the maximum height of the tower shall be 150 feet. The maximum height of any accessory structure shall be 15 feet.

(b) In the PBI and ID zoning districts the maximum height of the tower shall be 200 feet. The maximum height of any accessory structure shall be 15 feet.

(c) Antennas mounted as an accessory on top of a building, water tower or other tall structure having another primary function shall not extend more than 15 feet above the highest point of the structure.

(4) Setbacks.

(a) 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.

(b) Landscape screening in addition to the requirements of this chapter may be provided in the setback area.

(a) No tower shall be placed closer than 500 feet to any property included in a residential zoning district.

(5) Interference with public safety facilities. No new telecommunications facility shall result in any interference with public safety telecommunications.

(6) Security fencing. An six-foot high security fence shall completely surround the tower and accessory equipment building site.

(a) An area ten feet in width shall remain outside of the fence for the purpose of providing the landscape screening described below.

(b) In all zoning districts, the required security fence enclosing the facility shall be 100% opaque and of wood, brick or stone construction. Opaque six-foot tall wooden gates shall be provided to access the facility. Chainlink fencing may be used when landscaping is used to form a continuous screen. Planting shall be evergreens.

(7) 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.

(a) If evergreen hedges are used, they shall be a minimum of four feet tall at the time of planting (measured from ground level) and shall be planted a maximum of three feet on center.

(b) If evergreen trees are used, they shall be a minimum of six 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.

(8) Signs. No sign, banner or flag shall be placed on the premises of a wireless communication facility, except one non-illuminated permanent sign not larger than two square feet for the purpose of identification in the case of an emergency.

(9) Vehicular access. Vehicular access to the tower and equipment building shall, whenever feasible, be provided along existing driveways. Vehicle access drives may be gravel in the residential zoning districts, and shall be 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.

(Ord. 07-16, passed 12-10-2007)

§ 7.17 ADULT BUSINESSES STANDARDS.

(A) Location. An adult business establishment shall be a conditional use in the General Industrial district.

(1) No regulated use shall be permitted within 1,000 feet of any other existing regulated use and within 1,000 feet of any residentially zoned district, planned business district, institutional district or any of the following residentially related uses:

(a) Churches, monasteries, chapels, synagogues, convents, rectories, religious article or religious apparel stores;

(b) Schools up to and including the twelfth grade including their adjunct play areas; and

(2) For purposes of this section, distances shall be measured as follows: from all property lines of any regulated use and from the outward line boundary of all residentially zoned districts and from all property lines of any residentially related use.

(B) Definition. An ADULT BUSINESS ESTABLISHMENT is hereby designated as a regulated use and is defined as follows:

(1) An establishment having as a substantial or significant portion of its stock in trade those books, magazines or periodicals that are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas;

(2) An establishment with a segment or section of its floor space or display area devoted to the sale or display of that material;

(3) An enclosed building with an attendance capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons herein; or

(4) An adult club, restaurant, theater, hall or similar place that features topless dancers, exotic dancers, strippers (male or female), male or female impersonators or similar entertainers exhibiting:

(a) Specified anatomical areas that are less than completely and opaquely covered:

(1) Human genitals;

(2) The pubic region of the human body;

(3) Buttocks;

(4) Female breasts below a point immediately above the nipple; and

(5) Human male genitals in a discernibly turgid state even if completely and opaquely covered.

(b) Performing specified sexual activities that include:

(1) Human genitals in a state of sexual stimulation or arousal;

(2) Acts of human masturbation, sexual intercourse or sodomy; and

(3) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.

(C) Regulated use. The regulated use shall be permitted a sign or other visible message based on the allowable sign area of the zoning district in which the use is located provided that the sign message shall be limited to verbal description of material and/or services provided on the premises and shall not include any graphic or pictorial depiction of material and/or services available on the premises.

(Ord. 07-16, passed 12-10-2007)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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