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(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)
(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
(c) Public playgrounds, public swimming pools, public parks and public libraries.
(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)
(A) Residential design. These standards apply to new single-family detached, attached and two-family housing in the city. In addition to new residential development, these standards shall apply to any existing residential buildings if any expansion or alteration exceeds 50% of the building’s assessed value at the time of expansion or alteration. Major subdivisions in residential zoning districts SF, SF1, SF2, SF3, TR, NB and CB shall include the following minimum building design standards.
(1) Anti-monotony. Homes located in close proximity shall not be of the same front elevation. This does not prohibit the home to the rear from being the same front elevation.
(a) Mirror images of the same configuration/elevation do not meet the requirement.
(b) No house shall be of the same front elevation design as any other house within four lots along the same block face nor directly across the street.
(c) No single front elevation house design may constitute more than 25% of the front elevation house design within any single phase of a development.
(2) Chimneys. Exterior chimneys for fireplaces shall be entirely masonry if the building or structure is more than 50% masonry, unless placed on the rear exterior wall of the residence. Chimneys that do not originate on an exterior wall that protrude through the roof may be of material other than masonry.
(3) Corner lots. Residences built on corner lots shall include a minimum of three windows of minimum size three feet by five feet, on the side of the home facing the street (street side-yard).
(4) Driveway width. The minimum pavement widths for driveways and interior drives shall meet the following requirements, exclusive of any parking spaces:
(a) For single and two-family residential uses the minimum driveway width shall be 12 feet.
(b) The maximum driveway width at the property line shall be 20 feet. However, a driveway 30 feet in width at the property line shall be permitted provided that the lot width is a minimum of 100 feet and it serves a garage with at least three bays having street frontage.
(5) Fences. Developments in single-family residential zoning districts SF1, SF2 and SF3 and TR may have fences in the street side yard (corner lots) provided the fences are at least 50% open. Refer also to § 7.14.
(a) Chainlink is prohibited in the front and street side yard.
(b) Fences shall be no higher than 42 inches from the adjacent finished grade.
(c) The fence may be located no closer than five feet from the right-of-way and shall be located no closer than ten feet from the primary facade of the residence.
(d) The fence shall also be located outside of the sight visibility triangle if higher than 36 inches.
(6) Facades. Exterior materials shall be masonry (brick, stone, textured and colored split-face concrete masonry units), wood, fiber cement board siding, stucco, composite lap siding, aluminum siding or heavy-gauge vinyl. Vinyl siding shall be approved and endorsed as meeting or exceeding ASTM D3679 by the Vinyl Siding Institute (VSI) through the VSI siding certification program. The minimum thickness of vinyl siding shall be 0.044 inches.
(a) Front elevation. All homes shall have masonry (brick, stone, textured and colored concrete masonry units) on a minimum 50% of the front elevation, excluding doors, windows and other openings.
(b) Side and rear elevations. Side and rear home elevations abutting a public or private street shall have at least 30% masonry as the exterior building material on that visible elevation and shall contain at least one architectural feature from subsection (A)(7) below.
(c) Unless adjacent to masonry wrap, all windows, doors and corners shall have a minimum nominal one-inch by six-inch wood or vinyl surround, shutters, decorative trim or headers.
(d) The Planning and Zoning Administrator may consider a request for modification to the masonry requirement when extraordinary or innovative architectural styles (Victorian, farmhouse, Cape Cod) that provide many other architectural features maintain the spirit rather than the intent of these design standards.
(7) Architectural features. All houses shall have a minimum of four features from the following list. Porches, sideload or court-entry garages or full first floor masonry wrap, each count as two features towards the required four.
(a) Front porch; minimum eight feet in width and four feet in depth supported by columns (two points);
(b) Veranda/balcony;
(c) Reverse gable;
(d) Turrets;
(e) Two or more roof planes visible on the front of the house;
(f) Decorative garage doors or windows in garage doors;
(g) A separate overhead door for each single garage bay;
(h) Side-loaded or court-entry garage (two points);
(i) Brick, stone or textured concrete masonry on 100% of the front elevation (excluding openings);
(j) At least four feet of relief at one or more points along the front or rear elevations;
(k) Full first floor masonry wrap (two points);
(l) Sunroom, screened porch or breakfast nook on rear for relief;
(m) Transom windows;
(n) Bay windows;
(o) Two or more dormers;
(p) Decorative geometric front, rear and side gable roof vents or windows;
(q) Shutters (all elevations); and
(r) Architecturally accented entry.
(8) Facade proportions. A single-family dwelling facade shall comprise at least 55% of the total facade width. The garage shall not exceed more than 45% of the facade width.
(9) Entries. Single-family dwelling entries shall have at least one building-mounted or yard post dusk-to-dawn light fixture.
(10) Roof.
(a) Minimum pitch. Five to 12.
(b) Materials. Roof materials such as tile, slate, cedar shake with fire protection, three-dimensional asphalt, fiberglass shingles, standing seam metal or other approved metal that simulates traditional roofing materials shall be used on all structures.
(c) Overhang. Roofs shall have a minimum nine-inch overhang on all sides.
(11) Garages. Each home shall have at a minimum an attached two-car garage.
(a) Three-car garages. The third bay shall have a separate door and shall be recessed four feet from the other bays.
(b) Garage-forward design.
(1) Front-loaded garages that protrude between eight and 12 feet forward of the dwelling area shall have at least one window installed in the garage wall that is perpendicular to the facade of the dwelling.
(2) Front-loaded garages that protrude between 12 and 16 feet forward of the dwelling area shall have at least two windows installed in the garage wall that is perpendicular to the facade of the dwelling.
(3) Garages that protrude more than 16 feet shall be side-loaded and shall install a window(s) that faces the street.
(12) Lighting. For residential areas where street lighting is not present, dusk-to-dawn lighting shall be required for each home. The light fixture shall be either building-mounted or mounted within the front yard on a post with a maximum height of six feet.
(13) Landscaping. Refer to § 7.8.
(B) Multifamily design. All new multifamily developments (apartments, townhomes) of three units or more shall require development plan review and are subject to the following standards. Multifamily development in the CB District may be subject to additional design guidelines in § 6.3.
(2) Layout and site planning.
(a) Topography. Buildings shall be sited in relation to topography of the site, which minimizes cut and fill and limits maximum on-site slope to 10%.
(b) Existing vegetation and natural features. Attempts shall be made to preserve existing vegetation and natural features.
(c) Building orientation. Multifamily building(s) shall be oriented to the street, a common open space or clustered to form neighborhoods. Multifamily buildings shall not be oriented to parking lots. Accessory buildings (including residential garages, storage buildings and the like) shall be located behind the principal building. No principal or accessory building shall have service doors, garage doors, loading doors or similar service entrances opening toward or oriented to the street.
(d) Location of buildings. Buildings shall be located so that the window to window distance shall not be less than 40 feet, with the distance to be measured by a line perpendicular to the plane of the surface of the window. This distance may be reduced to not less than 30 feet for an exposure where a room is a bathroom or laundry/utility room or is used as a community or group meeting room or for a similar purpose.
(e) Location of individual buildings. Individual buildings shall be located to avoid more than two buildings with parallel orientations to a public street. Vary the orientation to lessen the massing. The maximum length of a multifamily building shall not exceed 200 feet.
(f) Off-street parking, driveways and the like. Off-street parking, driveway, drive aisles, carport, garage or service facilities may encroach into the side or rear yard as specified in § 7.10, but shall be no closer than ten feet to any lot line. In no event shall parking be located in the required front yard nor encroach into any required landscaping.
(3) Open space.
(a) All new multifamily developments shall provide a minimum of 12% of the net site acreage as usable common open space for active or passive recreation.
(b) The following areas shall not count toward open space:
(1) Private yards, patios;
(2) Streets, drives or parking areas;
(3) Land areas between buildings of less than 40 feet;
(4) Required perimeter setbacks; and
(5) Detention/retention facilities unless accessible by all residents of the development and useable recreation areas as determined by the Planning and Zoning Administrator.
(4) Vehicular and pedestrian circulation. Create a hierarchy of internal drives.
(a) Drives shall be a minimum of 24 feet wide. The city may request wider drives if on- street parking is permitted.
(b) A minimum of two means of access shall be provided for:
(1) Any residential subdivision with 50 or more single- or two-family residential lots;
(2) Any development having one or more commercial, multifamily or industrial structure of three stories or greater in height; or
(3) Any development having three or more commercial, multifamily or industrial structures of any height.
(c) The internal street system shall connect to surrounding neighborhood and local streets.
(d) All internal sidewalks shall be a minimum of five feet wide.
(e) All internal sidewalks shall connect to adjacent commercial areas, schools, parks, places of worship and other points of public interest.
(5) Facade.
(a) Variation. Architectural detailing, horizontal/vertical offsets, window details and other features shall be provided on all sides of the building to avoid featureless building massing, enhance character and style and reduce the visual scale.
(b) Continuous facades. Buildings with continuous facades that are 90 feet or greater in width, shall be designed with offsets (projecting or recessed) not less than two feet deep, and at intervals of not greater than 60 feet.
(c) Durability. Materials shall be durable. Visually heavier materials should be used as the building’s foundation.
(1) Exposed foundations shall be constructed of one or more of the following:
a. Brick;
b. Stone (limestone, granite, fieldstone and the like); or
c. Split-face, integrally-colored block or architectural precast concrete that simulates natural material.
(2) Facade walls shall be constructed of any combination of the following. A minimum of 50% shall be masonry:
a. Stone;
b. Wood clapboard siding;
c. Brick;
d. Stucco with smooth finish or external insulation and finish system (E.I.F.S.); not to exceed 20% of the overall non-window facade area; or
e. Cement fiber board (e.g., “Hardi-plank”).
(3) Facade plane projections such as the following are encouraged:
a. Veranda/balcony;
b. Sunroom;
c. Screened porch;
d. Breakfast nook; or
e. Turret.
(4) The facades of townhomes should be detailed to differentiate individual units.
(6) Entries. Entries shall be clearly defined and accented with features such as awnings, porticos, overhangs, recesses/projections, arcades, raised corniced parapets over the door, peaked roof forms and arches.
(7) Roof.
(a) Pitch. Minimum pitch for pitched roofs shall be five to 12.
(b) Materials. Quality roof materials such as tile, slate, three-dimensional asphalt or fiberglass shingles shall be used on all structures.
(c) Minimum eave/overhang width. All multifamily buildings shall have eaves or overhangs a minimum of 12 inches deep.
(d) Facade and roof articulation. Any structure with three or more units shall incorporate significant wall and roof articulation every 100 feet to reduce apparent scale. Elements such as balconies, porches, arcades, dormers, cross gables, secondary hipped or gabled roofs can be used to achieve this appearance.
(e) Flat roofs. Flat roofs shall contain a cornice or molding, and vary in height or shape every 50 feet.
(f) Roof top mechanical equipment. Roof top mechanical equipment shall either be camouflaged on all sides or visually integrated into the overall design of the building. In no case shall roof top mechanical equipment be visible from adjoining streets, residential zones or uses.
(8) Automobile storage.
(a) Garage access. All attached garages shall provide access internally from the garage to individual units.
(b) Minimum garage depth. Twenty-two feet.
(c) Minimum garage width. Twelve feet.
(d) Carport. Where established, carports shall:
(1) Meet all setback standards around the perimeter of the site applicable to a principal structure; and
(2) Be designed in keeping with the principal structure and the materials shall be compatible with those of the principal structure.
(9) Windows. Windows are required on all sides of the building that are:
(a) Adjacent to a street;
(b) Adjacent to a common area; or
(c) Not perpendicular to the street.
(10) Mechanical and utility equipment screening. In the zoning district, all mechanical equipment (ground-, roof- and building-mounted) shall be screened from view. Screening can be achieved by landscaping, fences or walls for ground-placed equipment, and the use of parapet walls or other roof designs for roof-mounted equipment. Screening enclosures shall be architecturally compatible with the principal structure.
(11) Fire safety. The Building or Fire Code Official of the city shall have the authority to require or increase a fire-protection rating in any structural assembly of an approved multifamily dwelling or mixed-use occupancy that includes a residential occupancy.
(12) Dumpster and storage area screening. Dumpsters and storage areas shall be enclosed with a solid enclosure that complements the architecture of the principal structure, is a minimum of six feet in height and contains a solid gate. Shrub plant material shall be provided where possible to further enhance the wall enclosure. Dumpster enclosures attached to the principal structure shall be designed as an architecturally integrated part of the principal structure.
(C) Nonresidential.
(1) Applicability. All nonresidential developments shall meet or exceed the requirements of this chapter, in addition to all other applicable development standards established by this ordinance. These nonresidential standards shall apply to the following:
(a) Improvement location permit applications for new structures submitted on or after the effective date of this ordinance;
(b) Expansions greater than 50% of pre-existing site, structure or building; and
(c) Expansions to other structures that result in a structure greater than 20,000 square feet in gross floor area.
(2) Site layout.
(a) Site planning which encourages compatibility between the site and the buildings and between all buildings on the site is encouraged. Where natural or existing topographic patterns contribute to a development, they shall be preserved and developed. Modification to topography shall be permitted where it contributes to the overall development.
(b) The orientation of buildings shall promote interaction with the street and provide a pedestrian friendly environment. All principal and outlot site buildings shall be arranged so that they complement existing development. The buildings shall frame a corner or enclose a “main street” type corridor. Islands surrounded by parking should be avoided.
(c) Newly installed infrastructure and service revisions necessitated by exterior alterations shall be underground. To the extent possible, all existing overhead utilities shall be relocated underground.
(d) All structures shall be evaluated in terms of scale, mass, color, proportion and compatibility with adjoining developments.
(e) Establishments where the principal use is the drive-through type of business are not permitted.
(3) Vehicular access. Major and minor arterials and major collector streets must have reasonable restrictions as to the numbers and location of access points. To provide safe and sufficient traffic movement to and from adjacent lands:
(a) Frontage roads, access roads and other internal drives may have to be constructed to create a hierarchy of roads for safe on-site circulation. These internal drives shall provide pedestrian access and landscaping;
(b) Shared access shall be coordinated with contiguous lots and designed to preserve the aesthetic benefits provided by the greenbelt areas. Access at the side or rear of buildings is encouraged;
(c) New access points onto the major and minor arterials within the corridor overlay zone shall be coordinated with existing access points whenever possible and approved by the County Highway Engineer;
(d) Cross-access easements shall be required between adjacent compatible developments:
(1) No curb cuts shall be within 150 feet of any intersection of public roads;
(2) Opposing curb cuts shall align squarely or be offset no less than 125 feet; and
(3) Stub streets shall be built in all cases where adjacent lots have reasonable potential for development.
(e) Entry Drive. The commercial entry drive should be appropriate to the size of the development, incorporate signage, lighting, landscaping and set the tone for the development; and
(f) No buildings or paved areas (other than access drives) may be located closer than 50 feet to any area used or zoned for residential purposes.
(4) Parking layout. Refer to § 7.5 for parking standards.
(5) Architectural design. All commercial uses shall have building walls with architectural features which increase visual interest, reduce undifferentiated masses and relate to the human scale. The design standards of Section 7.18 shall not be applicable to industrial uses, specifically, large scale distribution centers and manufacturing facilities.
(a) Facades. Facades shall have a defined base or foundation, a middle or modulated wall and a top formed by a pitched roof or articulated cornice, in each instance appropriate to the building style.
(b) Continuous facades. Buildings with continuous facades that are 90 feet or greater in width, shall be designed with offsets (projecting or recessed) not less than two feet deep, and over intervals of not greater than 60 feet.
(c) Storefronts. Ground floor retail shall be transparent for 75% of the total ground level facade.
(d) Exterior materials. Building facades may be constructed from wood, stone, masonry, E.I.F.S., cement fiber board, split-face, textured concrete, heavy gauge vinyl, metal or glass or other materials which provide the same desired quality. Similar building materials should be used throughout a development with multiple buildings. Products other than those listed below must be approved by the Planning and Zoning Administrator or his or her duly appointed designees.
(1) Buildings constructed of metal shall be permitted in the agriculture and general industrial districts. Facades that exceed 50% metal shall contain other design elements such as concrete or masonry bases, pitched roofs, enhanced entries or color variation.
(2) Concrete finish or precast concrete panels shall be textured using the following techniques: exposed aggregate, bush-hammered, sand blasted or other concrete finish as approved by the Administrator or his or her duly appointed designee. Concrete masonry units (CMU or block) shall be textured or splitface, and otherwise not smooth.
(3) Office uses may also use architectural metal panels, glass (up to 75% of the facade area) and ornamental metal.
(e) Roof design. The materials and finishes for roofs shall complement those materials used for the exterior walls. Roofs may be pitched, use stepped parapet walls, three dimensional cornices, dimensioned or integrally-textured materials, include architectural detailing such as moldings, trims or variations in brick coursing or be sloped with overhangs and brackets. Parapets shall not exceed more than one-third the height of the supporting wall.
(f) Four-sided architecture. The architectural style, materials, color and design on the front elevation shall be applied to all elevations of the structure adjacent to a public street, primary internal drive or residential zoning district.
(g) Color. Compatible materials and colors should be used throughout to unify development. The colors should reflect natural tones of the environment and be subtle, harmonious and non-reflective. Accents shall be compatible.
(h) Entry features. Entryway features are only required at the primary entrance to the structure and shall include elements such as covered entries, integral planters, awnings, raised corniced parapets over the door, peaked roof forms having an average slope greater than or equal to a minimum five to 12 pitch, arches or architectural details such as tile work and moldings that are integrated into the building structure and design.
(6) Maintenance. The exposed walls and roofs of buildings shall be maintained in a clean, orderly and attractive condition, and be free of cracks, dents, punctures, breakage and other forms of visible marring. Materials that become excessively faded, chalked or otherwise deteriorated shall be refinished, repainted or replaced.
(7) Screening. Refuse and waste removal areas, loading berths, service yards, storage yards and exterior work areas shall be screened from view with fencing, walls or landscaping.
(8) Materials. All accessory buildings shall be constructed with materials that are similar and compatible with materials used in the principal structure.
(9) Mechanical equipment screening.
(a) Roof-mounted equipment on exposed roofs shall be screened from view. The appearance of roof screens shall be coordinated with the building to maintain a unified appearance.
(b) All ground- and building-mounted mechanical and electrical equipment shall be screened from view. The screens and enclosures shall be treated as an integral element of the building’s appearance. Landscaping may be used for this purpose.
(c) Ground-mounted, commercial-grade.
(1) Design. The unit shall be screened by a masonry wall that complements the architecture of the principal structure. Walls attached to the principal structure shall be designed as an architecturally integrated part of the principal structure. The wall shall be sufficient to dampen any noise generated while the unit is in operation.
(2) Height. The wall shall be equal to the height of the unit plus two feet.
(3) Access. The enclosure shall be accessed via an opaque gate.
(4) Orientation. The gate shall not face a residential property or a right-of-way within 50 feet.
(5) Setback. All mechanical equipment shall be located a minimum of 50 feet from the property line, and shall not be located within an established or required front setback or in a required side setback.
(10) Signage standards. Signage shall be designed to be an integral part of the architectural and landscaping plans. The colors, materials and style of signage shall be architecturally compatible and accentuate the buildings and landscaping on the site. The colors, materials and lighting of every sign shall be restrained and harmonious with the building and site to which it principally relates. Signs shall be in conformance with § 7.7 of this ordinance unless otherwise specified below.
(11) Landscaping plan.
(a) Landscaping shall be in conformance with § 7.8 of this ordinance. Plans shall be prepared and submitted with the development plan.
(b) Landscaping materials selected should be appropriate to local growing and climatic conditions. Wherever appropriate, existing trees should be conserved and integrated into the landscaping plan; credit toward required in-kind landscaping may be given.
(12) Site amenities. Site amenities provide attractive spaces and the possibility of interaction. Site amenities such as patios, plazas, mini-parks, squares, water features and public art should be incorporated in the required open space for the development.
(13) Lighting. Refer to § 7.15.
(14) Operational compatibility. The Plan Commission may impose conditions on the approval of a project including but not limited to:
(a) The placement of trash receptacles;
(b) Location of delivery and loading zones;
(c) Hours of refuse removal; and
(d) Hours of sign illumination.
(Ord. 07-16, passed 12-10-2007; Ord. 2009-04, passed 4-13-2009; Ord. 2015-08, passed 5-26-2015; Ord. 2018-01, passed 2-12-2018)
Cross-reference:
Open space standards/common area for multifamily development, see Title XV, § 8.15
Overlay Districts for additional design standards, see Title XV, Chapter 6
(A) Intent. The purpose of these manufactured home standards is to identify the minimum requirements for the installation and use of manufactured homes consistent with the requirements of I.C. 36-7-4-1106 and the intent of this ordinance.
(B) General standards. Applicable to the Manufactured Home Park District.
(1) Design standards. Manufactured homes in a single-family residential zoning district shall comply with the minimum development and design standards of the residential zoning district as set forth in § 7.18.
(2) Storage space. Each home shall have an enclosed, waterproof storage space a minimum of 20 square feet, either as an accessory structure on each home site, behind the skirting, or at a central storage facility.
(3) Emergency shelter. Each development or manufactured home park shall be equipped with a structure of adequate construction to provide shelter for residents from tornados and other severe weather events. The shelter shall be of sufficient size to accommodate a population equal to two and one-half persons per home site present in the development.
(4) Entrances and interior roads. All interior manufactured home park streets shall either be dedicated to the public or be private drives. All interior streets, whether dedicated to the public or private drives shall meet the design and construction standards for public streets, including intersections, sidewalks, street trees and the like provided by the city unified development ordinance. If private streets are used, street easements shall be substituted for the interior street right-of-way.
(5) Compliance verification. Prior to the release of an improvement location permit for construction of the manufactured home park, the following shall be provided to the Planning and Zoning Administrator:
(a) Access. A letter from the City Street Department, verifying the approval of the design of access points to public streets;
(b) Sanitary sewer service. A letter from Lebanon Utilities verifying that adequate sanitary sewer service shall be available to the homes; and
(c) Drainage. A letter from City Drainage Board verifying drainage approval for the site.
(6) Subdivision standards. See Chapter 8 for subdivision requirements.
(Ord. 07-16, passed 12-10-2007)
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