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(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)
(A) Conversions. These provisions shall apply in all zoning districts whether the use is permitted, conditional, accessory or temporary. Various conditional and permitted uses may also be subject to fencing and screening regulations. A certificate of compliance (§ 9.12) shall be required for all conversions from single- or two- family to multifamily. Dwellings converted for use as more than a two-family dwelling shall comply with the standards set forth for multifamily development in this ordinance.
(1) It is the purpose of this ordinance to discourage the conversion of existing dwellings originally designed for occupancy by two families or less to occupancy by more than two families when the conversion is likely to lead to overcrowding, lack of privacy, lack of sufficient light and air, unsafe or unsanitary living conditions or inadequate provisions for off-street parking and open space.
(2) Dwellings initially erected as single- or two-family dwellings may be converted to provide occupancy for three or more units, up to five units, subject to the following conditions:
(a) Conversions to three or more units may only take place in a district which permits that use;
(b) Only buildings erected more than 30 years before a conversion may be converted to provide occupancy for three or more dwellings;
(c) Any new dwelling created by conversion shall be completely self-contained (separate and individual kitchen and bathroom facilities) and shall conform to all applicable provision portions of the city code, including housing and building codes and fire safety and utility programs;
(d) Each dwelling unit shall have a total floor space of at least 500 square feet, plus an additional 150 square feet for each bedroom over one;
(e) No addition shall be made to a dwelling which increases either the lot coverage of the building or the height of the building;
(g) In connection with the conversion, there shall be no evidence of change in the building to indicate the extra dwelling units, except as may be required by the aforementioned ordinances and programs; all fire escapes or stairways leading to a second or higher floor shall be completely enclosed within the converted building; and no dwelling shall be so converted unless in connection therewith it be placed in a reasonable state of repair.
(3) In cases of question as to the applicability of these standards, the proposed conversion shall be deemed a conditional use and placed before the Board of Zoning Appeals in accordance with § 9.5.
(4) Conversions from multifamily use to single-family may be eligible for a waiver of fees.
(Ord. 07-16, passed 12-10-2007)
(A) Gas/fueling stations and car washes.
(1) Fuel sales shall have no more than eight vehicle fueling dispensers.
(2) Fuel sales shall be screened in accordance with the parking lot landscaping standards cited in § 7.8.
(3) Fuel sales shall be limited to no more than one per block.
(4) Canopies shall have a maximum vertical clearance of 15 feet and shall be architecturally compatible with the principal structure.
(5) Signage allowances shall be based on the linear feet of the associated building/structure, not on the length of the canopy. All advertising signage on the building, canopy, pumps, pump handles and the like shall count toward the total permitted sign square footage.
(6) Illuminance under the canopy shall be no more than an average of 35 footcandles. Other lighting standards for gas stations shall be as specified in § 7.15.
(B) Bed and breakfast. Bed and breakfast inns shall be permitted in the zoning districts indicated in Chapter 4, provided they are compatible with the surrounding uses and adhere to the following standards.
(1) A bed and breakfast shall be occupied as a residence by the property owner.
(2) No exterior alteration to the structure shall be made which would change the residential appearance of the building.
(3) The minimum total floor area of the principal residential structure needed to establish a bed and breakfast use shall be 1,500 square feet. Each bed and breakfast unit in excess of one shall require an additional 500 square feet of total floor area.
(4) Dining and other facilities shall not be open to the public but shall be exclusively for the use of the residents and registered bed and breakfast guests.
(5) Where the bed and breakfast is located in a residential zone, parking shall be located behind the bed and breakfast and shall be screened according to the provisions of § 7.8.
(C) Parks and playgrounds.
(1) Applicability. The following standards apply to active recreational uses whether they stand alone or are accessory to another use.
(2) Special conditions.
(a) Special care shall be noted when locating specialty parks (such as dog parks and skate parks) in residential areas.
(b) Neighborhood parks and pocket parks less than two acres in area do not have to provide off-street parking.
(3) Accessibility standards. Park buffering may incorporate pedestrian access points where access in and out of the park would be beneficial to nearby residents.
(4) Setback standards.
(a) Active recreational use. No active recreational use (e.g., playing field, playground, swimming pool and the like) shall be located within 25 feet of any residential property line.
(b) Athletic structures. Athletic structures other than buildings (e.g., basketball goals, pools, tennis courts and the like) shall be no closer than 100 feet to any property line or right-of-way.
(5) Lighting standards. Lighted playing fields will be held to the standards of § 7.15.
(6) Scoreboards and public address systems. Scoreboards and public address (PA) systems are prohibited on lots less than 75 acres nor are any scoreboards or PA systems, or part thereof, allowed within 500 feet of private residentially-owned or -used property.
(D) Cemetery.
(1) Fence and wall standards. All cemeteries shall have a decorative fence or wall around the perimeter which complies with the following standards:
(a) Minimum height. Forty-eight inches;
(b) Maximum height. Seventy-two inches;
(c) Prohibited materials. Fencing shall not be chain-link; and
(d) Above maximum height. Fences greater than 48 inches in height shall be at least 50% open.
(2) Setback standards.
(a) Burial space. Any burial space shall be set back at least 100 feet from the nearest existing or proposed easement or right-of-way for a:
(1) Railroad;
(2) Street;
(3) Road;
(4) Alley;
(5) Pipeline;
(6) Pole line; or
(7) Other public thoroughfare or utility.
(b) Structure. Any permanent structure erected for the interment, entombment or internment of human remains shall be set back at least 100 feet from the nearest property line.
(E) Light and heavy manufacturing uses. The following is a non-exclusive list of specific requirements for conditional uses as specified in each use district that may be used in regulating such conditional use.
(1) Industrial use setbacks. All new structures and additions to existing structures to increase manufacturing activity areas should be located at least one hundred (200) feet from all property lines.
(2) Noise regulations.
(a) Loudspeakers which cause a hazard or annoyance shall not be permitted.
(b) All new industrial uses shall not create noise in excess of 50 decibels as measured at the property line and no objectionable noise due to extreme frequency, beat frequency, intermittence or shrillness.
(3) Entrance regulations.
(a) All points of entrance or exit should be located no closer than 200 feet from the intersection of two arterial throroughfares, or no closer than 100 feet from the intersection of arterial street and a local or collector street.
(b) Truck parking areas, maneuvering lanes, and access ways to public thoroughfares shall be designed to cause no interference with the safe and convenient movement of automobile and pedestrian traffic on and adjacent to the site. The site shall not be used for the storage of trucks, and truck parking shall be limited to a time not to exceed 24 hours.
(4) Lighting regulations. No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway, and no lighting shall shine directly on adjacent properties.
(5) Air pollution.
(a) All new industrial uses shall not create air pollution which exceeds the following:
(b) No noxious odors, no noxious, toxic or corrosive gases or fumes.
(c) No smoke of a density in excess of Level 1 on State Ringlemann Chart.
(d) No dust or other particulate matter emitted in excess of 0.85 pounds per 1,000 pounds of gases adjusted to 12% carbon dioxide.
(e) There shall be no surface or subsurface discharge or disposal of any wastes, either liquid or in any form without prior approval from Lebanon Utilities.
(6) (a) Other conditions. Conditional uses are subject to all other conditions recommended by the Plan Commission or imposed by the Board of Zoning Appeals.
(b) Supplementary conditions and safeguards. In granting any conditional use, the Board of Zoning Appeals may prescribe additional conditions and safeguards in conformity with this unified development ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this unified development ordinance and punishable under Chapter 10 hereof.
(c) Action by the Board of Zoning Appeals. Within 30 days after the public hearing required in Chapter 9 hereof, the Board of Zoning Appeals shall approve, approve with supplementary conditions as specified in Section 9, or disapprove the conditional use application as presented. If the application is approved or approved with modifications, the Board shall direct the Planning Director to issue a conditional use permit listing the specific conditions specified by the Board for approval. If the application is disapproved by the Board of Zoning Appeals, the applicant may seek relief through Boone County Circuit or Superior Court.
(d) Expiration of conditional use permit. A conditional use permit shall be deemed to authorize only one particular conditional use and the permit shall automatically expire if, for any reason, the use shall cease for more than one year.
(Ord. 07-16, passed 12-10-2007; Ord. 2015-14, passed 11-10-2015)
(A) Intent. Infill development shall be considered to be new development, redevelopment or expansion of existing legally conforming or legally nonconforming uses that occurs in an area where at least 66% of all lots on both sides of the same street block as the subject lot have been developed into residential neighborhoods, whichever is applicable, and where infrastructure is already in place. It is the general intent of this section to:
(1) Accommodate growth by encouraging and facilitating new development on vacant, bypassed and underutilized land;
(2) Accommodate development in older, established residential neighborhoods or neighborhoods platted under a previous zoning ordinance;
(3) Encourage efficient use of land and public services;
(4) Provide developers and property owners flexibility so that they can achieve high quality design and develop infill projects that strengthen existing neighborhoods; and
(5) Improve approval certainty for infill development by providing clear infill development standards.
(B) General requirements.
(2) The development plan, site plan or minor plat shall incorporate the following elements to enhance compatibility with the surrounding community:
(a) Sidewalks that connect to the adjacent sidewalk system;
(b) Public streets that connect to the adjacent street pattern;
(c) Preservation of architecturally significant structures whenever feasible; and
(d) Setbacks, building envelopes, use and parking compatible with surrounding community.
(3) All new buildings (except accessory structures) shall have the primary entrance oriented to the street or public walkway, with direct, accessible and convenient pedestrian connections.
(4) Major subdivision for residential or nonresidential use shall not be allowed as infill development, and will be required to comply with Chapter 8.
(C) Permitted uses.
(1) Generally. Permitted uses shall be determined by the following subsections.
(2) Residential areas. Areas that are made up of predominantly residential uses but no longer permit residential uses may fall under the provisions of § 3.1(L)(2).
(a) One accessory apartment dwelling unit per lot may be allowed in addition to the principal dwelling unit. Accessory apartment dwelling standards can be found in § 7.10(C).
(b) Home occupations and home-based businesses are allowed in accordance with § 7.12.
(D) Lot and development standards. Density, design, materials, use and scale should reflect style, heritage and materials unique to each neighborhood.
(1) Lot size.
(a) Generally. Lot areas shall be dependent on proposed densities, floor area ratios, setbacks, building heights and neighborhood compatibility.
(b) Existing small lot amnesty. A legal lot of record that existed prior to the date of this ordinance, and is being used for infill or redevelopment may use the minimum lot standards that follow.
(2) Building height.
(a) Buildings shall conform to:
(1) Maximum heights allowed in the underlying zoning district in accordance with Table 4.2: Residential Districts Lot Standards; and
(2) A height that is equal to or the average of adjacent building heights.
(b) If the proposed building height(s) is greater than the allowed maximum, the proposed building or structure must meet the following criteria for community compatibility:
(1) Neighborhood scale;
(2) Privacy;
(3) Light and shadow;
(4) Views; and
(5) Architectural compatibility.
(3) Setbacks. Minimum setbacks shall be:
(a) As required in the underlying zoning district; or
(b) The average of the established front setbacks within the block or 600 feet on both sides of the lot parallel to its frontage, whichever is applicable.
(4) Bulk and scale. Bulk and scale shall be similar to and consistent with the surrounding neighborhood as evaluated by the bulk of buildings adjacent, abutting and surrounding the proposed development. Larger buildings should be designed to adhere to the existing architectural pattern of the surrounding neighborhood.
(5) Flexible standards. Flexible development standards to reduce lot area, width, setbacks, height and other standards may be permitted for infill and redevelopment at the discretion of the Planning and Zoning Administrator, subject to proof of good cause and benefit to the development and community and to address difficult sites which incorporate infill and redevelopment or rehabilitation. Building height and coverage may vary so long as the project average height is consistent with the neighborhood scale and architectural rhythm and does not constitute a disruptive condition in the identity of the area as described here or in subsection (E) below.
(E) Compatibility standards. Infill and redevelopment should provide exemplary site design, architectural design and high quality materials that are compatible with, and does not negatively alter the character of, the existing neighborhood. The applicant should refer to § 7.18.
(1) All infill and redevelopment uses shall meet the intent of this section and shall be compatible with existing or proposed uses, as identified in the comprehensive plan, in the general vicinity of the proposed development. The following requirements shall apply:
(a) Building size, height, bulk, mass, scale. Similar in height and size or articulated and subdivided into massing that is more or less proportional to other structures in the area, and maintains the existing architectural rhythm;
(b) Building orientation. Primary facades and entries face the adjacent street with a connecting walk-way that does not require pedestrians to walk through parking lots or across driveways;
(c) Privacy. Optimize privacy of residents and minimize infringement on the privacy of adjoining land uses by considering the placement of windows and door entrances. Create opportunities for interactions among neighbors in common pedestrian circulation areas of the project, if applicable; and
(d) Building materials. Building materials shall be similar to materials of the surrounding neighborhood or use other characteristics such as scale, form, architectural detailing and the like to establish compatibility.
(2) All planned uses, building types and landscaping shall be included on the development plan, site plan or minor plat and shall demonstrate the relationship of the proposed development with existing off-site development in the context of the adjacent community. Compliance with these requirements shall in and of itself be deemed to create a presumption of compatibility.
(1) Open space. Nonresidential and multifamily infill development shall provide common public open space, if planned. An open space credit may be granted if a project is connected to and located within one-fourth mile of an improved public park or common area by a continuous public sidewalk.
(2) Landscaping. Natural vegetative features and existing trees shall be incorporated into the site design if practicable. Landscaping, buffering and other plant material requirements may be reduced at the discretion of the Planning and Zoning Administrator and approval of the Plan Commission. However, the intent of the landscaping to enhance and create a hierarchy of space shall remain. Buffering and screening of incompatible uses shall be maintained.
(G) Public facilities and utilities.
(1) Existing and planned public facilities should be shown on the development plan, site plan or minor plat.
(2) All public streets, walkways and alleyways shall be shown on the development plan, site plan or minor plat. All through streets and walkways shall be public. The local street and walkway system shall be safe, efficient, convenient, attractive and shall accommodate use by all segments of the population.
(a) The street and walkway system shall provide multiple, direct and continuous intra- and inter-neighborhood connections between destinations.
(b) The street network shall include sidewalks on both sides of the street.
(H) Parking. Flexibility for the number of parking spaces required by § 7.5 may be considered if the project is pedestrian-oriented and serviced within 600 feet by public parking.
(1) The parking plan may provide a combination of off-street and on-street spaces. On-street parking is encouraged.
(2) Shared parking is encouraged and shall comply with § 7.5(I).
(3) As is practicable, at-grade off-street parking areas should be located at the rear of dwellings in mixed-use or residential areas, with alley access.
(4) Bicycle spaces shall be provided per § 7.5(K).
(Ord. 07-16, passed 12-10-2007; Ord. 2008-07, passed 7-28-2008)