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(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.
(c) Cut and fills shall not endanger adjoining property.
(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.
(C) Environmental hazards.
(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)
(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.
(c) Height. No accessory structure shall have a height greater than 18 feet, or as specified in the § 7.3.
(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;
(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
(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)
(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.
(C) Permitted temporary uses.
(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.
(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.
(c) No permit is required.
(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)
(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)
(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.
(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.
(c) Open storage. In the event that accessory storage is in the open, the following provisions must be met.
(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)
(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)
(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;
(c) Manufacturer’s catalog cuts; and
(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)
(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.
(c) Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
(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)
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