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(A) Minimum lot area. Except as hereinafter provided, no building or structure shall be erected or located on a lot unless such lot conforms with the area regulations of the district in which it is located.
(1) Lots of record or individually held prior to December 15, 1971, may be smaller in area than the figure prescribed.
(2) The minimum lot area for each dwelling unit not served by sanitary sewers shall be subject to approval by the County Health Department.
(3) After the effective date of any ordinance by which any area is first zoned for any district, no land in such district may be decided by the recordation of any map or voluntary sale, contract of sale, or conveyance of any kind which creates a new parcel of land under separate ownership which consists of less than the minimum lot area required for the district of which such lot is a part.
(4) The restrictions of this chapter pertaining to creating a parcel of land below a specified minimum size shall not apply to division of land by succession, will, partition, proceedings, sale of execution or other division by operation of law.
(B) Lot dimensions.
(1) Every lot shall have a minimum frontage width not less than the required minimum lot widths in the district under consideration. Curve lots and cul-de-sac lots shall conform to the particular district wherein provisions are set forth for said lots. Every lot shall also have a minimum width and depth not less than that prescribed in the district under consideration. Each dimension is minimum only. One or both shall be increased to attain the minimum lot area required.
(2) Where a lot has a minimum width or depth less than that prescribed by this section, and said lot was of record under one ownership at the time that the area was first zoned whereby the lot became nonconforming, said lot may be used subject to all other requirements of the district in which such lot is located.
(C) Ground floor. The ground floor area requirements for dwellings, as set forth in the districts, shall apply. Dwellings shall not be changed except in conformity with these regulations.
(D) Building height. All buildings hereafter designed or erected and existing buildings which may be reconstructed, altered, moved, or enlarged shall comply with the height regulations and exceptions of the district in which they are located, with the addition of the following.
(1) An agricultural structure may be erected or changed to any height necessary for its operation.
(2) Spires, church steeples, chimneys, cooling towers, elevator bulkheads, fire towers, scenery lofts, penthouses, stacks, tanks, water towers, transmission towers, utility poles, and necessary mechanical appurtenances (excluding radio and TV, micro wave towers) may be erected or changed to any height that is not otherwise prohibited.
(3) Buildings may be erected or changed to a height not to exceed ten feet over that permitted in the district, provided that an additional side yard set back of one foot for each one foot that the building exceeds the district height limitations.
(E) Yards.
(1) In measuring a front yard or side yard adjoining a street, it shall be the perpendicular distance between the street and a line through the corner or face of said building closest to and drawn parallel with the street, excluding any architectural features.
(2) Architectural features (cornice, eaves, canopy, or similar feature) may extend or project into a required side yard not more than two inches for each one foot width of such side yard and may extend or project into a required front or rear yard not more than 36 inches. Chimneys may project into any required yard not more than two feet, provided that the width of said yard is not reduced to less than three feet thereby.
(3) An open platform or landing which does not extend above the level of the first floor of the building may extend or project into any required front or side yard not more than four feet or into any required rear yard not more than 25% of the required rear yard depth.
(1985 Code, § 36-7-4-600(3.3)) (Am. Ord. 22-1992, passed 7-7-1992
(A) Accessory uses.
(1) Accessory uses such as the following are permitted in all residential districts and may be installed in any required yard.
(a) Bird baths and bird houses.
(b) Curbs.
(c) Driveways.
(d) Fences, decorative walls and hedges (not more than three feet in height in front yards in the city or in the towns).
(e) Lamp posts.
(f) Mail boxes.
(g) Name plates.
(h) Parking spaces, provided however that such spaces shall not be calculated as part of any required off-street parking spaces and that they shall be connected to an access way or driveway to the required off-street parking or other parking spaces not in the required front yard.
(i) Utility installations for local service (such as poles, lines, hydrants and telephone booths).
(j) Retaining walls.
(k) Trees, shrubs, plants and flowers.
(l) Walks.
(2) Accessory to the residential use of land shall be the keeping of four or fewer dogs or other small animals normally kept as pets and at least six months old, not including indoor caged pets.
(3) Residential accessory uses shall include garages, sheds, pools, patio decks, guesthouses and other structures.
(B) Setbacks of accessory buildings in residential districts. If an interior lot abuts a corner lot or alley separating them and the front yards of the two lots are perpendicular to each other, an accessory building on the rear lot line of the corner lot may be located no closer to the street abutting the interior lot than the principal building on the interior lot, but no closer than five feet.
(C) Restrictions along streams.
(1) No structure other than a fence may be erected and, if erected in violation of this section, no
such structure may be used if the location of the structure is within 75 feet of the meander, or high- water, line of any stream shown on the Zone Map.
(2) Within the areas covered by the restrictions imposed by subsection (1), no use is permitted other than the following, and upon application for an improvement location permit if required under this chapter:
(a) Agricultural uses;
(b) Forestry;
(c) Public utilities;
(d) Recreation, not including buildings.
(3) Such application for an improvement location permit shall be accompanied by a letter from the County Drainage Board stating that the proposed use is in accord with the provisions of the Indiana Drainage Code (I.C. 36-9-27).
(D) Land filling standards.
(1) All plot plans, submitted to the Plan Commission for approval, under the provisions of the Comprehensive Plan and this chapter, shall provide for the collection and management of all storm and surface water drainage. The drainage system shall be designed and constructed by the developer to provide for the proper drainage of the surface water of the subject real property and the drainage area of which it is a part. The system shall be constructed and installed in accordance with this chapter, the Comprehensive Plan and the requirements of the Plan Commission. (See §§ 152.114 and 152.115). The filling of lands not included in a flood hazard area is permitted, provided all requirements of state statute and regulations (for example, 329 I.A.C. 2-3) are met. Violations of this section and regulation shall be referred to the Indiana Department of Environmental Management and Indiana Department of Natural Resources for enforcement. In order to insure the maintenance of a properly designed and installed drainage system, the following divisions shall be required as a provision of the restrictive covenants of all recorded plats and plot plan approvals.
(a) Drainage swales (ditches) along dedicated roadways and within the right-of-way, or on dedicated drainage easements, are not to be altered, dug out, filled in, tiled, or otherwise changed without the written permission of the Plan Commission. Property owners must maintain these swales as sodded grass-ways, or other non-eroding surfaces. Water from roofs of parking areas must be contained on the property long enough so that said drainage swales or ditches will not be damaged by such water. Driveways may be constructed over these swales or ditches only when appropriate sized culverts or other approved structures have been permitted by the City Engineer. Culverts must be protected, especially at the ends, by head walls or metal end sections, and, if damaged enough to retard the water flow, must be replaced.
(b) Any property owner altering, changing, or damaging these drainage swales or ditches will be held responsible for such action and will be given ten days notice by registered mail to repair said damage, after which time, if no action is taken, the city will cause said repairs to be accomplished, and the bill for such repairs will be sent to the affected property owners for immediate payment.
(2) General drainage considerations. The purpose of this division is to protect the safety, health, and general welfare of the citizens of the city by requiring compliance with accepted standards and best practices for storm water drainage. (See §§ 152.114 and 152.115). This division does not create any liability on the part of the city, the Plan Commission, or any elected or appointed official or employee thereof, for any damages that result from reliance on this division or any alterations required to conform to the engineering requirements established hereunder or any administrative decisions lawfully made thereunder. Any land alteration must be accomplished in conformity with the drainage requirements. Where any apparent conflict exists between drainage requirements of this chapter and similar requirements of any state or federal agency which has jurisdiction of the work involved, the most stringent requirements shall be applicable and compliance with this chapter shall not excuse non-compliance with any other applicable provision of law, ordinance, or regulation.
(E) Miscellaneous residential restrictions.
(1) In an RS, R1, R2, R3, R4, or R5 District.
(a) An accessory building may not be erected before the principal building, except on a farm; and
(b) Other than provided in division (A) of this section, all accessory buildings and structures shall be erected in a side or rear yard.
(c) In the case of a through lot, the area at each end of the lot between the setback line and the middle of the street shall be treated as if it were part of the front yard.
(d) Only one principal single-family or two-family residential building may be located on any tract or parcel of land.
(e) In multifamily zones, a combination of various residential buildings may be permitted, provided all district requirements are met.
(2) In an AG, RS, R1, R2, R3, R4, or R5 District. Only one principle residential building and two additional single-family residential structures may be located on any farm, provided that the farm in question provides at least five acres in size for each residential structure. The structures may however be clustered at any site on the parcel and must meet local and state septic and water supply regulations. The two additional single-family residences shall be used only for residence by farm employees or relatives of the residents of the principal residence.
(F) Water pollution.
(1) No authorization of a use, under this chapter, includes the authority to discharge liquid or solid wastes into public water except as permitted under the Stream Pollution Control Law (I.C. 16-41-37, as amended). Plans and specifications for proposed sewage and other waste treatment and disposal facilities must be approved by the Stream Pollution Control Board, except when connecting to a city.
(2) No overflows from drain fields into ditches, ponds, or lakes are permitted.
(G) Building setbacks.
(1) On corner and reversed corner lots, the side yard setback shall be the same as the front yard setback on adjoining lots.
(2) Where 25% or more of the lots in a block are occupied by buildings, the average setbacks of such buildings determines the dimensions of the front yard in the block; however, if there are not other buildings within 330 feet of the proposed building in either direction, then the standard setback for the district shall apply.
(3) Front yard or building setback lines established in recorded subdivisions establish the front yards in such subdivisions, except when such building lines are less restrictive, then the requirements of the district shall apply.
(H) Required fences and walls. The following uses shall be fenced and screened as follows.
(1) Swimming pools, above or in the ground, shall be entirely enclosed by buildings or fences or walls, which shall be at least six feet in height. Said fence or wall shall be equipped with self- latching gates or doors, the latching device being located not less than four feet above the ground. Fencing packages attached to a pool and high enough to meet the height requirement may be construed as meeting this requirement.
(2) Scrap metal processing facilities shall be entirely enclosed by buildings or fences or walls, which shall be at least eight feet in height. Said fence or wall shall enclose the required front yard setback.
(3) The following uses shall be screened with a six feet woven wire fence:
(a) Auto carwash;
(b) Wholesale produce terminal.
(4) The following uses shall be screened with a six feet high solid painted fence:
(a) Slaughterhouse;
(b) Storage of disabled vehicles;
(c) Truck service center.
(5) The following uses shall be screened with an eight feet high solid painted fence:
(a) Junk yard;
(b) Scrap processing facility.
(6) The following uses shall be screened with a six feet high by three feet wide planting screen, as defined in this chapter:
(a) Public sewage disposal facility;
(b) Landfill;
(c) Transfer station.
(I) Temporary uses. The Zoning Administration may permit the following seasonal or transitory uses, if the intended site is appropriate and meets the applicable district standards, adequate operational safeguards will be maintained, and adjoining established uses will not be adversely affected.
(1) In an AG, RS, CB, or AB District, a temporary use permit may be issued for the sale of small landscape plants and yard and garden supplies, or farm produce grown on or off the premises. Such sales space shall be of portable or seasonable construction and shall observe the setbacks for permanent structures. Such permit shall be valid for no more than four months per year, but may be issued for a five-year period. This provision shall not apply to GB or LB Districts in which such sales are permitted by right.
(2) Temporary auto sales, provided the sales are held in a commercial zone or other location with proper zoning certification.
(3) Unoccupied mobile homes may be stored in General Business, Industrial-2 and Industrial-3 zones for a period of not more than six consecutive months.
(4) Temporary construction sites for purposes related to highway construction for a period not more than the duration of the construction project and located within one-half mile of the highway construction project.
(5) Rummage sales, garage sales or yard sales shall be permitted by right in all residential districts, except where prohibited by private restrictions. No permit shall be required for the event. Such sales are intended for the sale of second- hand merchandise used in or around the home, which are no longer needed by the owner. Temporary sales at a residence will be limited to four sale days a month, with a maximum of six sale days in a calendar year. A sale that is advertised, but does not take place because of rain—or any other reason—will not be considered a sale. The property owner may not offer more than one motor vehicle for sale at any one time. The resident of the real estate must own the vehicle where the vehicle is stored, and rummage, garage, or yard sales shall not be for the sole purpose of private vehicle resale. Sale hours shall be from dawn to dusk. All merchandise and display tables shall be removed from public view after advertised hours. All temporary rummage, garage, or yard sales signs shall not exceed a typical two-foot by two-foot real estate sign, four square feet in area with a maximum of three feet in height and may be located in the front yard of the property. No such sign may be located in any public right-of-way or attached to any utility poles or city street or traffic signs. Corner lot vision clearance shall not be obstructed at intersections by sale activities. Adequate on-street and off-street parking shall be available. Temporary rummage, garage, or yard sale signs shall be removed on the last day of the event. The ordinances shall carry a minimum penalty of $50 for each day that the ordinance is violated.
(J) Nonresidential accessory uses. Accessory uses such as the following are permitted on the same lot with principal commercial and industrial uses in the appropriate districts, when all yard and lot requirements are met.
(1) Commercial accessory uses include:
(a) Signs;
(b) Advertising structures;
(c) Fenced storage;
(d) Parking facilities;
(e) Accessory apartment for commercial owner.
(2) Industrial accessory uses include:
(a) Signs;
(b) Advertising structures;
(c) Fenced storage yards;
(d) Parking facilities;
(e) Open storage, except in I-1 District.
(K) Required setbacks for and from farm confinement feeding uses.
(1) A farm confinement feeding operation may be located no closer to the following uses than the distance in feet as follows:
(a) 500 feet from any non-agricultural development or from residence, other than a residence, which is located on the land with the farm confinement feeding operation;
(b) 1,000 feet from any public or private church or school; or 1,000 feet from any park or building owned by a political subdivision, which is open to the public;
(c) 1,320 feet from the nearest plotted tract of land or other built-up area of five or more dwellings.
(2) A single-family dwelling or two-family dwelling unit may be located no closer than 500 feet to an existing farm confinement feeding operation.
(1985 Code, § 36-7-4-600(3.4)) (Ord. 22-1992, passed 7-7-1992; Am. Ord. 11-2003, passed 5-20-2003; Am. Ord. 19-2005, passed 7-5-2005)
(A) Mobile homes in the city. No mobile home may be located in the city, unless otherwise provided in this section. All requirements of this chapter and any other city ordinance and any state regulations with respect to water supply and sanitary waste disposal shall be met and a letter from the County Health Officer so stating accompanies the application for an improvement location permit for the mobile home.
(B) Permanent occupancy. In the AG, RS, R3, R4, and R5 Districts, except in the city or towns, mobile homes may be permanently occupied as residences, provided:
(1) All requirements applicable to dwellings shall be observed, except the requirement of the permanent perimeter wall and the building front line; and
(2) Pillars shall support the home, and underpinnings or skirting shall be installed to entirely enclose the bottom of mobile home and any additions, thereto; and
(3) Wheels and axles are removed; and
(4) All manufacturer’s and state requirements for the installation of the mobile home be met, including properly installed tie-downs; and
(5) All mobile homes and additions thereto shall be as originally manufactured for use as a single- family residence.
(C) Temporary occupancy.
(1) Outside of mobile home parks in the unincorporated Grant County and the Municipalities of Jonesboro and Matthews, a permit may be issued for the temporary occupancy of a mobile home for a period of not more than one year, which may be renewed for a like period, only once, provided:
(a) Such mobile home is to be located on property on which a permanent residence is intended to be built within one year; and
(b) Such mobile home is served with the same water supply and sewage facilities that are intended to serve the permanent residence; and
(c) Such mobile home shall remain on its wheels and not to be placed on a permanent foundation; tie-downs shall be installed as per manufacturer’s recommendations; and
(d) Occupancy of such mobile home is restricted to property owner(s) who intend to construct or have constructed a permanent residence.
(2) Outside of mobile home parks except in the city and towns, a permit may be issued by special exceptions as provided in §§ 153.120 et seq. for a temporary occupancy of a mobile home, provided:
(a) Such mobile home is to be located on the same property with an existing residence; and
(b) Such mobile home is served with the same water supply and sewage supply serving the existing residence; and
(c) Applicable side yard and front yard regulations of the district in which it is located are observed; and
(d) Occupancy of such mobile home is restricted to relatives or employees (employed on the premises of the property of the owner); or
(3) Nonresidential occupancy: mobile homes, trailers or vans may be utilized as contractor’s offices, watchman’s shelters, or tool or equipment storage only on the site and only during the period of construction of improvement projects.
(4) Mobile homes not being used for a residential purpose may not be stored on any parcel in a residential district, but may be stored in a GB, I2 or I3 zone.
(1985 Code, § 36-7-4-600(4.0)) (Am. Ord. 22-1992, passed 7-7-1992)
The following requirements shall apply to mobile home parks in addition to all other requirements of this chapter.
(A) Minimum lot area.
(1) Mobile home park.
(a) In unincorporated areas: sufficient room for 50 units with initial development of 25 units.
(b) In incorporated areas: five acres.
(2) Mobile home lot. 5,000 square feet
(B) Ground floor area. No mobile home may be established, erected or changed so that its ground floor area is less than 500 square feet.
(C) Building height. No main building or structure may be erected or changed so as to have a height greater than 30 feet.
(D) Requirements for mobile home parks. The following requirements shall apply to all mobile home parks in addition to the previous requirements.
(1) Yards and distances between structures.
(a) The minimum distance between mobile home stands on opposite sides of park drive shall be 60 feet.
(b) The minimum distance between a mobile home stand and a park drive pavement, a common parking area, a common walk, or other common area shall be eight feet.
(c) The minimum distance between a mobile home stand and the park boundary when:
1. Adjoining residential land use or a local or collector shall be 15 feet;
2. Adjoining land use is other than local or an arterial street shall be 30 feet.
(2) Park drives.
(a) Park access drives shall be provided on the site where necessary to furnish principal traffic ways for convenient access to the mobile home stands and other important facilities on the property. Drives shall be privately owned.
(b) The drive system shall provide convenient circulation by means of minor drive and properly located collector ways. Closed ends of dead ends shall be provided with adequate paved vehicular turning or backing space. A turning circle shall be at least 80 feet in diameter.
(c) Pavements shall be of adequate widths to accommodate the contemplated parking and traffic load in accordance with the type of drive with ten feet minimum moving lanes for collectors, nine feet minimum moving lanes for minors, seven feet minimum lane for parallel guest parking and two feet additional width for pedestrian use where an adjacent sidewalk is not provided.
1. All entrance drives and other collectors with guest parking on both sides, 36 feet minimum.
2. Collectors with no parking, 22 feet minimum.
3. Minor or cul-de-sac with no parking, 20 feet minimum.
4. One-way minors with no parking (acceptable only if less than 500 feet in total length and serving fewer than 25 mobile home stands), 11 feet minimum.
5. Each of the above may be reduced by two feet if an adjacent sidewalk is provided.
(d) Drives shall be adapted to the topography and shall have suitable alignment and gradient for safety of traffic, satisfactory surface and ground water drainage, and proper functioning of sanitary and storm sewer systems.
(e) Drive intersections shall generally be right angels. Offsets at intersections and intersections of more than two drives at point shall be avoided.
(f) Drive improvements shall extend continuously from the existing improved public street system to provide suitable access to the mobile home stands and other important facilities of the property, to provide adequate connections to existing or future streets at the boundaries of the property and to provide convenient circulation for vehicles.
(g) Pavements and surfacing other than cement concrete shall be protected at the edges by curbs, gutters or other suitable edging where necessary to prevent raveling or the wearing surface and shifting of the pavement base.
(h) Pavements bases shall be well drained, uniformly graded, and compacted.
(i) Flexible pavements:
1. Base: as required by minimum standards set forth in Title III of the Comprehensive Plan;
2. Wearing surface: bituminous concrete, minimum one and one-half inches thick compacted practical density, or a double seal coat in accordance with Section 407.30 ,Type III “Indiana State Highway, Standard Specifications, 1971,” Indiana State Highway Commission.
(j) Rigid pavements: portland cement concrete, minimum six inches on a prepared subgrade constructed in accordance with the minimum standards set forth in Title III of the Comprehensive Plan.
(3) Driveways.
(a) Driveways shall be provided on the site where necessary for convenient access to service entrances of building, to delivery and collection points for refuse and other material, and elsewhere as needed.
(b) Driveway serving a single facility or single mobile home lot, minimum eight feet; where used as walk, minimum ten feet.
(4) Walks.
(a) Individual walks: to each mobile home stand from a paved drive, driveway, or parking space connecting to a drive.
(b) Common walks: in locations where pedestrian traffic is concentrated; for example, at the park entrance, and to the park office and other important facilities. Common walks should preferably be though interior area removed from the vicinity of public streets.
(c) Width shall generally be at least one and one-half feet for walks on individual lots and three feet for common walks.
(d) Pavement: same as for streets.
(5) Laundry facilities.
(a) Laundry facilities shall be provided either individually in each mobile home and its space, in a centralized common facility, in decentralized common facilities, or in a combination of these to suit local preference and the availability of washer and dryers supplied in current mobile home models.
(b) Where centralized provisions of washers, dryers, or common drying areas are required they shall be located convenient to the mobile home spaces.
(6) Recreation facilities.
(a) Recreation areas and facilities (examples include play grounds, swimming pools, and community buildings) shall be provided to meet the anticipated needs of the clientele the park is designed to serve. Provision of separate adult and tot lot recreation areas is encouraged.
(b) Not less than one-half acre per 25 units shall be devoted to designed and developed recreational facilities, generally provided in a central location or in the larger parks, decentralized.
(7) Screen planting and fences.
(a) A tight screen planting six feet in width and height, effective during all seasons of the year, shall be placed adjacent to the boundary of the mobile home park, maintaining same in original or better condition.
(b) A wire mesh fence four feet high shall be placed at the boundary line of the mobile home park.
(c) Fences or free standing walls shall be installed where necessary for screening purposes, such as around laundry yards, refuse collection points, and play grounds.
(d) All fences and walls shall be located at least 18 feet from interior drive center lines and at least 18 inches from the pavement edges of drives, driveways, parking spaces and walks.
(e) Fences and walls shall be appropriately designed for the function intended and shall be substantially constructed to withstand conditions of soil, weather, and use.
(8) Community facilities. Essential community facilities and services for the type of mobile home parked under construction, such as schools, recreation areas, police and fire protection shall be reasonably accessible to the park or provisions shall be made assuring these facilities and services.
(9) Sanitary facilities.
(a) The mobile home park shall be provided with a complete sanitary sewer system, which shall connect with an existing approved sanitary sewer outlet or shall be provided with a separate treatment plant, to be provided by the developer in accordance with the minimum requirements of the State Board of Health and/or the Stream Pollution Control Board.
(b) The plans for the installation of a sanitary sewer system shall be provided by the developer of a mobile home park and approved by the Indiana State Board of Health. (Refer to current state administrative regulations.) Upon the completion of the sanitary sewer installation, the plans for such system as built shall be filed with the Commission.
(1985 Code, § 36-7-4-600(4.1))
(A) General requirements. To reduce traffic problems and hazards by eliminating unnecessary on- street parking, every use of land must include on- premises parking sufficient for the needs normally generated by the use, as provided by this section. Parking spaces or bays on street rights-of-way or contiguous to the street, required by subdivisions or other ordinances, are in addition to and not in place of the spaces so required.
(1) This section shall not apply to the Central Core District.
(2) The requirements of this section shall apply to all parking spaces and areas available for use or access by the public, for primary users of the facility, employee parking or for similar uses. This section shall not apply to internal access ways or storage yards not available for transient, public or employee parking.
(3) Parking spaces with a size of 162 square feet shall be provided as required in the accompanying table.
(4) The standard space is considered to be nine feet by 18 feet, exclusive of passageways. However, smaller spaces may be provided for compact cars, providing the total aggregate parking area provided totals 162 square feet per space for the total area.
(5) Parking spaces prescribed by this section for a business or industrial use must be located on the premises or on a site at least within 300 feet of the premises, as approved by the Board under the special exception parking use in the special exception section of this chapter. Required parking spaces may be located in the required front yard only in commercial or industrial districts.
(6) Parking areas and lots for special exception uses shall conform to the location requirements prescribed in § 153.120. Parking areas for such uses shall, if in the open, be paved with a hard or dust proof surface.
(7) A group of business or industrial uses may provide a joint parking area if the number of spaces in the area at least equals the aggregate of the spaces required for the several uses.
(8) Parking requirements may be waived by the Board for uses in a block in which 50% or more of the area is occupied, December 6, 1971, by business or industrial structures.
(9) A church or temple that requires a parking area at times when nearby uses do not need their parking facilities may, by agreement approved by the Board, use those facilities instead of providing its own.
(10) All parking areas and lots and loading areas shall be graded, drained, surfaced, striped and channelized in accordance with standards in this chapter or as otherwise adopted by a participating jurisdiction. Parking stalls shall be marked. Access lanes shall be clearly defined, including directional arrows to guide internal movements.
(11) Whenever a parking area for three or more cars is located in or adjacent to a residential district, it shall be effectively screened on any side, which adjoins or faces, including across a street right- of-way, any property used for residential purposes, by a wall, fence or planting screen. Such wall, fence, or planting screen shall be maintained in good condition and shall be landscaped with grass, hardy shrubs, or evergreen ground cover and maintained in a good condition.
(B) Parking area development standards.
(1) Lighting where provided to illuminate parking areas shall be hooded and so arranged and controlled so as not to cause a nuisance to highway traffic. The amount of light shall be provided according to standards approved by the Commission.
(2) In no case shall parking spaces be so arranged that ingress or egress from a parking space requires backing into a public or private pedestrian way or a public street.
(C) Required spaces. Parking spaces shall be provided as defined in Appendix E.
(D) Loading.
(1) Business uses, except those that do not receive or transport goods in quantity by truck delivery, shall be provided with loading berths and paved with a hard or dust-proof surface if in the open, as follows:
(a) Retail stores, department stores, wholesale establishments, storage uses, and other business uses shall be provided one berth for each 3,000 through 15,000 square feet of use, plus one additional berth for each 25,000 or fraction thereof above 15,000 square feet;
(b) Office buildings shall be provided one berth for the first 100,000 square feet of gross floor area, plus one additional for each additional 200,000 square feet of floor area.
(2) Industrial uses shall be provided with loading berths as follows.
Gross Floor Area Berths
0-15,000 square feet 1
15,001-40,000 square feet 2
40,001-100,000 square feet 3
Each additional 40,000 square
feet or fraction thereof 1
feet or fraction thereof 1
(3) Each loading berth prescribed in this section must provide at least a 12 feet by 45 feet loading space, with a 14 feet height clearance. Location of required berths shall be designed to minimize disruption of the use of other off-street parking spaces during business hours.
(1985 Code, § 36-7-4-600(4.2))
(A) The following information shall be submitted with the application for a special exception for mineral extraction operations including borrow pits and topsoil removal and storage areas.
(1) A map of existing conditions showing the lands proposed to be included in the plant area and the land within 1,000 feet in all directions.
PLANT AREA shall mean the territory planned for extraction of sand, gravel or other earth materials and the operational installation, if any, for the excavating, processing and distribution of the minerals. This shall show the boundaries of the plant area and existing conditions on the mapped lands, including:
(a) Existing contours (with a contour interval appropriate to the site which accurately reflects the topographic condition);
(b) Water bodies and drainage courses, depth of water table below existing terrain;
(c) Estimate of depth and extent of deposit;
(d) The present use of adjoining lands (residential, commercial, industrial, institutional, recreation, agricultural and the like);
(e) The present zoning classification of subject and adjoining lands and setback requirements;
(f) All publicly owned lands;
(g) Public rights-of-way and road types;
(h) Easements and railroad lines.
(2) A plan of operational areas showing:
(a) Area proposed for excavation;
(b) Area proposed for settling ponds and wash water outlets;
(c) Area proposed for processing facilities and storage;
(d) Area proposed for production facilities (if any) for resource-related industry;
(e) Area proposed for plant entrance, office dispatcher headquarters, off-street parking and equipment storage.
(3) A plan of excavation showing:
(a) Division of the area proposed for excavation into one or more excavation units which are to be excavated and rehabilitated in sequence. Estimated dates for the rehabilitation of the excavation units should be provided;
(b) Methods to be used to minimize the effect of erosion by wind and water on the entire tract, such as the planting of ground cover vegetation;
(c) Methods of screening the area of operations from view, such as planting screens or the use of earth mounds.
(4) A conceptual plan of development for the rehabilitation and reuse of the entire plant area following the extraction showing:
(a) A proposed plan for landscape rehabilitation, including grading, drainage, planting and similar appropriate installations;
(b) The proposed water area (if any) resulting from excavation;
(c) A proposed plan of functional reuse of the total plant area showing, diagrammatically, future locations of residential, commercial, industrial, public, semi-public and other land uses, if any, and the principal elements of a future traffic circulation system to service the area. Sufficient information shall be provided to determine the general characteristics of the proposed development such as population density ranges, types of commercial or industrial usage and kinds of public areas.
(5) A bond with surety satisfactory to the Board in the amount of $500 per acre of area proposed to be excavated, which shall run to the legislative body of the city, as the case may be to insure the satisfactory completion of the landscape rehabilitation shown in the plan of development following the extraction process.
(B) The plant area will be used primarily for the excavation of sand, gravel, rock and other earth materials and the processing, storage, stockpiling, distribution and sale thereof.
(C) The following uses may be permitted when they are determined to be functionally beneficial to the extraction activity, appropriate to the location and environs and not detrimental to adjoining lands:
(1) Concrete batching plants;
(2) Mixing plants for either portland cement or asphaltic concrete;
(3) Concrete block, pipe, beam, slab or panel plants.
(D) The uses referred to in divisions (B) and (C) of this section are subject to the performance standards prescribed in § 153.044.
(E) Other plant area requirements include the following.
(1) Slopes. No production from an open pit shall be permitted which creates a finished slope steeper than one and one-half feet horizontal to one foot vertical for the excavation of sand and gravel or which created a finished slope steeper than one foot horizontal to one foot vertical for the excavation of product other than sand, except that in locations where the soil or rock content is such that vertical cuts are proven to be safe, a vertical cut up to eight feet in depth from ground level with a shelf no less than 12 feet wide followed by a vertical cut thereafter of any depth shall be allowed.
(2) Fencing. Prior to the commencement of any operations in a plant area or part thereof located within 500 feet of a developed residential area, public park or other institution or public highway, a fence shall be constructed enclosing the plant area or part within that prescribed distance. Shops, garages, warehouses, storage areas, offices, dwelling units and other areas shall be of: woven wire, not capable of receiving a child’s foot and be at least four feet in height; or a planting of shrubs capable of producing a tight practically impenetrable hedge (such as multifloral rose). The bottom of the fence shall conform to the ground surface so as to prevent any opening between it and the ground surface exceeding four inches. Gates of the same height as the fence shall be installed at all points of vehicular or pedestrian ingress and egress. Said gates shall be equipped with keyed locks and shall be kept locked at all times when the plant area operations are shut down. Said fence, gates and locks shall be maintained in good condition.
(3) Hours of operation. Extraction and material processing activities permitted in the plant area shall be limited to the hours from 6:00 a.m. to 10 p.m., except in the following situations:
(a) Where required by public authorities;
(b) Where work requires a continuous flow of materials;
(c) Where necessary due to public emergencies;
(d) Where any necessary and reasonable repairs to equipment are required.
(4) Ingress, egress, and traffic safety. Access roads to any plant area shall be limited to one or at most two points and shall be constructed on a level with the pavement of any public street or highway for a distance of not less than 80 feet therefrom and the 80 feet of road shall be improved with a dust proof all weather surface. Adequate sight distance shall be maintained for traffic safety in compliance with the standards and requirements of the local highway authorities.
(5) Off-street parking. Off-street parking shall be provided for all equipment and for cars of employees.
(6) Screens. Screen planting consisting of a variety of trees, shrubs or both in the same planting area or a combination of seeded earth mounds and plant material screens shall be constructed and planted so as to form dense screens to a height appropriate to block out objectionable features and maintained along the perimeter of any area being operated where said permitted abuts a public thoroughfare or a developed residential area unless the natural topography eliminates the need for such a screen.
(7) Drainage. Upon the completion of operations, the land shall be left in a safe condition so that sufficient drainage shall be provided so as to prevent water pockets or undue erosion, with all grading and drainage such that both natural storm water leaves the entire property at the origin, natural drainage points, and that the area drainage to any one such point is not increased.
(8) Depth. Excavations made to water producing depths and proposed as water areas in the plan of development should have a minimum depth at some point of not less than six feet measured from the low water mark.
(9) Rehabilitation. The rehabilitation of the plant area in conformance with the plan of development shall be submitted with the application.
(1985 Code, § 36-7-4-600(4.6))
(A) In cases where land is used for such purposes as defined in this section, or any use so indicated in § 153.120 where the physical characteristics of the land are substantially changed as a result of the operation, a proposed plan of functional reuse of the land is required at the time of application for the improvement location permit or special exception. The plan shall show future locations of residential, commercial, industrial, public, semi- public, and other land uses, if any, and the principal elements of a future traffic circulation system to service the area. Furthermore, sufficient information shall be provided to determine the general characteristics of the proposed development such as population density ranges, types of commercial or industrial usage, and kinds of public areas.
(B) A bond with surety satisfactory to the Director in the amount of $500 per acre of area proposed to be substantially altered is required. The bond shall run to the legislative body of the city, as the case may be to insure that the land is capable of reuse after the operation is completed. The bond shall run for the term of the operation, plus five years.
(C) In addition to special exception uses listed in § 153.120, the requirements of this section shall apply to the following uses:
(1) Automobile body shops with exterior storage;
(2) Commercial sanitary landfills, garbage disposal facilities and transfer stations;
(3) Establishments engaged in the dismantling of motor vehicles for resale of used auto parts;
(4) Junk yards;
(5) Mineral extraction operations;
(6) Scrap processing or recycling yards (open);
(7) Storage yards for disabled vehicles (commercial).
(1985 Code, § 36-7-4-600(4.7))
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