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§ 154.083 DECOMMISSIONING.
   The title owner of a property utilizing a solar energy system shall notify the town if the use of a solar energy system is discontinued or otherwise abandoned, and all solar energy generating structures shall be removed from the site within 180 days from the discontinuation or abandonment of use. Failure to comply with the requirements of this subchapter shall be subject to the penalties of § 154.999 as well as all other enforcement remedies available under the law.
(Ord. 2021-15, passed 11-8-21)
FLOOD HAZARD (OVERLAY) DISTRICT
§ 154.090 PURPOSE OF THE ZONING DISTRICT.
   The purpose of this district is to identify the boundary of the designated flood hazards area within the town as identified by the State of Indiana, Department of Natural Resources and the Federal Emergency Management Agency (FEMA).
(Ord. 0203, passed 6-10-02)
§ 154.091 DEVELOPMENT PROHIBITED IN FLOOD HAZARD AREA WITHOUT SPECIAL APPROVAL.
   No development shall be permitted, except access stairs and walks necessary to gain access, within the regulated flood way fringe, regulated floodplain area, regulated floodway or the designated flood hazard boundary as depicted on the zoning map unless approved by the Board of Zoning Appeals and only upon presentation of permits and approvals from all state and federal regulatory agencies. The elevation of lowest habitable floor of any building and structures shall conform to the definition of flood protection grade.
(Ord. 0203, passed 6-10-02) Penalty, see § 154.999
§ 154.092 FEMA MAP AVAILABLE FOR INSPECTION.
   In terms of this chapter, the Flood Hazard Boundary shown on the zoning map depicts the Flood Hazard Boundary published by the Federal Emergency Management Agency Community Panel No. 185177A, Map H-01 which is available for inspection at the office of the Clerk-Treasurer during business hours. Properties subject to a flood hazard boundary may be subject to Federal Flood Insurance Regulations.
(Ord. 0203, passed 6-10-02)
SUPPLEMENTAL DISTRICT REGULATIONS
§ 154.100 TEMPORARY USES.
   The Building Commissioner or Board of Zoning Appeals may grant a temporary use permit, as provided in divisions (A), (B) or (C), for a period not to exceed one year, unless another time limit is specified, and impose other conditions, for seasonal or transitory uses, if it finds that the intended site is appropriate, that adequate operational safeguards will be maintained, and that adjoining established uses will not be adversely affected. The following uses are deemed to be temporary uses and shall also be subject to the specific regulations and time limits which follow:
   (A)   Christmas tree sales. In any district, a temporary use permit may be issued by the Building Commissioner for the display of open-lot sales of Christmas trees, but such permit shall be issued for a permit not longer than 45 days.
   (B)   Contractor’s office and equipment sheds. In any district, a temporary use permit may be issued by the Building Commissioner for a contractor’s temporary structures incidental to a construction project. Such structures shall not contain sleeping or cooking accommodations. Such permit shall be valid for not more than six months but may be renewed for an additional three months. Moreover, such structures shall be removed upon completion of the construction project or upon expiration of the temporary use permit, which ever occurs sooner.
   (C)   Other uses not herein defined. The Board of Zoning Appeals may grant a temporary use permit for other purposes not herein defined for a period not to exceed 30 days to allow temporary structures for private and public gathering, events and the like, provided the standards of this section are fulfilled.
(Ord. 0203, passed 6-10-02) Penalty, see § 154.999
§ 154.101 CORNER VISION CLEARANCE DISTANCE.
   At the intersection of each corner zoning lot, the triangular space determined by the two zoning lot lines at that corner and by a diagonal line connecting the two points on those zoning lot lines that are 15 feet respectively from the corner shall be kept free of any obstruction to vision, as determined by the Police Chief/Town Marshal, between the heights of three and 12 feet above the established grade. (See Appendix B, Figure 7)
(Ord. 0203, passed 6-10-02; Am. Ord. 1002, passed 6-14-10) Penalty, see § 154.999
§ 154.102 ACCESSORY USES ALLOWABLE IN THE PUBLIC RIGHT-OF-WAY.
   (A)   Accessory uses such as public utility installations, ground level walks, driveways, curbs and mail boxes are permitted in the public right-of-way.
      (1)   Permission for construction on any curb must be granted in the form of a permit issued by the Long Beach Building Commissioner.
      (2)   Such permit shall be issued by the Building Commissioner upon approval of the Superintendent of Streets based on an application and drawing showing the type and extent of the construction/installation contemplated by the property owner.
      (3)   No curb shall be:
         (a)   Closer than four feet from the edge of the existing street pavement;
         (b)   No greater than four inches above the surface of the street pavement;
         (c)   The curb and areas between the curb and the existing street pavement be of a hard surface material, concrete, bituminous pavement, stone/cement pavers or other similar materials acceptable to the Building Commissioner; and
         (d)   The installation shall be made to form a smooth surface with the elevation of the street pavement and any adjoining surface.
   (B)   Retaining walls, plaques, ornamental lamp posts, bird baths, or the like are only permitted in the required front, side or rear yard. Driveways on a 40 foot frontage zoning lot located on Lake Shore Drive shall be permitted only in the front yard.
   (C)   Installation of any other structure or lawn ornamentation shall only be permitted by issuance of a variance issued by the Board of Zoning Appeals.
   (D)   Trees, shrubs, flowers, or plants are permitted in any required front, side or rear yard, subject to vision clearance requirements of § 154.101.
(Ord. 0203, passed 6-10-02; Am. Ord. 0704, passed 8-13-07; Am. Ord. 1002, passed 6-14-10) Penalty, see § 154.999
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