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New Carlisle, IN Code of Ordinances
TOWN OF NEW CARLISLE, INDIANA CODE OF ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 152.118 TC - TOWN CENTER DISTRICT.
   (A)   Intent. The TC - Town Center District is established to promote the development of the original central village core of the town. The regulations are intended to encourage all the elements of a traditional village center, including: storefront retail; professional offices; and dwelling units located either in townhouse developments, in the upper stories of mixed-use buildings or in connection with a grade level business. The development standards in this district are designed to: encourage a pedestrian oriented design throughout the district; and maintain an appropriate pedestrian scale, massing, and relationship between buildings and structures within the district.
   (B)   Permitted uses.
      (1)   Primary uses. See Appendix A, Permitted Use Table.
      (2)   Special exception uses. See Appendix A, Permitted Use Table.
      (3)   Accessory uses. See § 152.119.
      (4)   Temporary uses. See § 152.120.
      (5)   Home occupations. See § 152.121.
   (C)   Development standards.
      (1)   Minimum lot width and frontage. Each lot shall have a minimum lot width and frontage on a public street of 30 feet.
      (2)   Yards and building setbacks.
         (a)   Front. All primary use buildings shall be located at the greater setback of the proposed right-of-way or existing right-of-way, subject to the following additional building placement regulations:
            1.   For sites containing 1 building: in elevation view from the street frontage, at least 50% of the length of the façade of the building facing a street shall be located at the greater setback of the proposed right-of-way or existing right-of-way;
            2.   For sites containing multiple buildings: in elevation view from the street frontage, at least 50% of the visible façades of the buildings facing a street shall be located at the greater setback of the proposed right-of-way or existing right-of-way; and
            3.   Parking areas and interior access drives shall not be located within 20 feet of the front lot line.
         (b)   Minimum side yard and setback. The minimum side yard and setback for all lots shall be as follows:
            1.   Minimum side yard: 0 feet; provided, however, if a side yard is provided along a side lot line not abutting an alley, the setback shall not be less than 5 feet.
            2.   Minimum side residential bufferyard: 15 feet.
         (c)   Minimum rear yard and setback. The minimum rear yard and setback for all lots shall be as follows:
            1.   Minimum rear yard: 10 feet.
            2.   Minimum rear residential bufferyard: 15 feet.
      (3)   Use of minimum yards and residential bufferyards. All yards and residential bufferyards shall remain free from structures except where expressly permitted below:
         (a)   Front yards: where provided may include: driveways; or incidental signs as regulated by §§ 152.230 through 152.236 and shall otherwise be developed as plazas in compliance with the following requirements:
 
            1.   Shall be located adjacent to a building;
            2.   Shall be surfaced with concrete, brick, or other form of hardsurface paver appropriate for the proposed development, except for those areas used for trees, foundation landscaping, lawn area, or planters;
            3.   Shall maintain surface areas at a slope of less than 3%, surface areas may be stepped, where appropriate, as necessary to accommodate natural topography; and
 
            4.   The street frontage portion of the plaza perimeter shall include shade or ornamental trees planted with a maximum spacing of 40 feet on-center. If street trees have already been installed on an abutting lot, the on-center spacing shall be measured from the existing street trees.
         (b)   Minimum front residential bufferyards: may include driveways; or incidental signs as regulated by §§ 152.230 through 152.236; and shall otherwise be maintained as open space free from buildings or structures and shall be landscaped in compliance with the requirements for perimeter yard landscaping as set forth in §§ 152.185 through 152.194;
         (c)   Minimum side and rear yards: may include driveways, interior access driveways, parking areas, loading areas, walkways, or other pedestrian way connections to adjoining lots, provided that the remainder of the yards shall be maintained as open space free from buildings or structures and shall be landscaped in compliance with the requirements for perimeter yard landscaping as set forth in §§ 152.185 through 152.194; and
         (d)   Minimum side and rear residential bufferyards: may include:
            1.   Walkways or other pedestrian way connections to adjoining residential areas provided that the remainder of the yards shall otherwise be maintained as open space free from buildings or structures and shall be landscaped in compliance with the requirements for perimeter yard landscaping as set forth in §§ 152.185 through 152.194; or
            2.   Parking, as provided for in division (C)(9) below.
      (4)   Building height.
         (a)   Minimum front façade height: in the elevation view from the street frontage, all primary use buildings shall maintain a minimum height of 26 feet above grade and shall contain a minimum of 2 occupiable stories.
         (b)   Maximum building height: 40 feet; not to exceed 3 occupiable stories.
      (5)   Maximum gross floor area.
         (a)   For any use listed under the following headings, no single use, whether freestanding or contained in an integrated center, shall exceed 8,000 square feet of gross floor area:
 
Clothing service
Personal services
Food sales and service
Recreation
Miscellaneous
Retail
 
         (b)   For any use listed under the following headings, no single use, whether freestanding or contained in an integrated center, shall exceed 50,000 square feet in gross floor area:
 
Educational use
Public facilities
Governmental use
Residential
Office/professional services
Utilities
 
      (6)   Landscaping. See §§ 152.185 through 152.194.
      (7)   Lighting. See §§ 152.210 through 152.215.
      (8)   Signs. See §§ 152.230 through 152.236.
      (9)   Parking. The following off-street parking provisions shall apply.
         (a)   Non-dwelling uses. Non-dwelling uses located in the TC District shall provide parking as provided below:
            1.   There shall be no required minimum number of off-street parking spaces for any non-dwelling use located in the TC District;
            2.   If off-street parking spaces are provided, 1 row of parking spaces may be located along and accessed directly from an alley abutting a side lot line or a rear lot line, provided that the design and location of the adjacent alley accessed parking is approved by the town; and
            3.   All other off-street parking areas provided in the TC District shall comply with the provisions of § 152.254.
         (b)   Dwelling uses. All dwelling uses located in the TC District shall provide parking spaces at a ratio of 1 parking space per dwelling unit. If such required parking spaces are located in an off-street parking area, the design of the off-street parking area shall comply with the requirements of § 152.254. However, the required parking spaces may be accessed directly from an alley abutting a side lot line or a rear lot line, provided the design and location of the adjacent alley accessed parking is approved by the town.
      (10)   Loading. See §§ 152.270 through 152.277.
      (11)   Outdoor operations. All uses and operations (except off-street parking, off-street loading and delivery, and walk-up customer service windows) shall be conducted completely within enclosed buildings, except where expressly permitted below:
         (a)   Outdoor seating for restaurants, provided that the outdoor seating:
            1.   Shall not be located in any street right-of-way unless otherwise approved by the town;
            2.   Shall be permitted only along the business’ tenant bay or storefront façade;
            3.   Maintain a useable sidewalk width of not less than 6 feet; and
            4.   Shall not block an entrance or exit to or from the business or building.
         (b)   Outdoor display or sales of merchandise:
            1.   Shall not be located in any street right-of-way unless otherwise approved by the town;
            2.   Shall maintain a useable sidewalk width of not less than 6 feet;
            3.   Shall be located against the building façade;
            4.   Shall be permitted only along the business’ tenant bay or storefront façade;
            5.   Shall not block an entrance or exit to or from the business or building;
            6.   Shall not exceed 10% of the gross floor area of each non-related and separately operated use; and
            7.   Shall be permitted only during the hours of operation of the business and shall be removed at the close of each business day.
         (c)   Walk-up customer service windows or automated teller machines (ATMs), provided that the facilities are not freestanding and are set flush with the façade of the building.
         (d)   Vending machines, provided that vending machines:
            1.   Shall not be located in any street right-of-way unless otherwise approved by the town;
            2.   Shall abut the exterior wall of the building;
            3.   Shall maintain a useable sidewalk width of not less than 6 feet; and
            4.   Shall not be located in a required yard or required residential bufferyard.
      (12)   Architecture. The intent of these architecture regulations is to encourage the development of buildings with simple, 3-dimensional forms that include the characteristic appearance and scale of early 1900s main streets and which are oriented to the main street through the town (U.S. 20/Michigan Street).
         (a)   Additions to existing buildings. All additions to existing buildings shall utilize building materials that are compatible and harmonious with the materials used on the existing building.
         (b)   Exterior renovations, major additions, and accessory buildings. Exterior renovations, major additions, and accessory buildings to existing buildings or facilities are encouraged to comply with the provisions in division (C)(12)(c) below, for new construction; however, the minimum requirement for exterior renovations, major additions, and accessory buildings shall be the same as in division (C)(12)(a) above, for additions to existing buildings; provided, however, the following additional regulations shall apply to all exterior renovations or building remodeling:
            1.   Any stone, brick, or other original masonry façade material shall not be covered with any kind or horizontal or vertical siding;
            2.   Any window or door openings in the façade shall not be boarded, blocked-in, or bricked-in; and
            3.   Any exterior renovation of a building façade that includes added horizontal or vertical siding over stone, brick, or other original masonry façade material shall include the removal of the horizontal or vertical siding and restore the original stone, brick, or other masonry façade.
         (c)   New construction. In order to create variation and interest in the built environment and to ensure that the size and scale of new development is consistent with the established character of the town, all new primary buildings shall comply with the following regulations.
            1.   One of the following 2 sets of architectural regulations regarding building material and architectural features on each façade visible from a public street:
               a.   All brick (excluding window, display window, door, roofing, fascia, and soffit materials), provided that the brick used on each applicable façade shall include:
                  i.   At least 2 architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, and the like); or
                  ii.   At least 2 colors of brick, with the secondary color constituting a minimum of 10% of the façade (excluding windows, display windows, doors, roofing, fascia or soffit materials); or
               b.   Two or more building materials (excluding window, display window, door and roofing materials), provided:
                  i.   Primary building material. The primary building material shall be either: brick; stone (limestone, granite, fieldstone, and the like); or architectural pre-cast concrete, if the surface looks like brick or stone, and shall constitute a minimum of 50% of each applicable façade.
                  ii.   Secondary building material. The secondary building material shall constitute a minimum of 10% of the façade. Glass curtain wall or a faux window (not intended for use as a window or display window) may qualify as a secondary building material.
                  iii.   Architectural features. In addition, the exterior building material selection shall be supplemented with the use of multiple colors, textures (e.g., rough, smooth, striated, and the like) or architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, and the like) on each façade visible from a public street.
            2.   Trash enclosures. All trash enclosures shall utilize 3 solid-walled sides. The materials of the 3 solid-walled sides of the enclosure shall be consistent and compatible with the materials of the primary building. Gates shall be located on the non-solid-walled side of the trash enclosure and shall be covered with a wood, simulated wood or a similar material painted a compatible color with the primary building. The opening of a trash enclosure shall not be oriented to or within 90 degrees from being parallel to any front lot line.
            3.   Articulation. In order to assure that new development in the town center maintains a scale and relationship to the street and sidewalk which can promote pedestrian activity in the downtown area, all buildings shall comply with the following design features.
               a.   Human scale. Architectural elements such as colonnades, canopies, awnings, display windows, lighting, and variation in building materials may be used to create a human scale to buildings.
               b.   Detailing. Architectural detailing (i.e., variation in building materials, surface recesses, protrusions, cornices, and the like) shall be used to distinguish the ground floor from upper levels of a building. Such architectural detailing used to distinguish the ground floor from upper levels shall be no lower than 18 feet above grade.
               c.   Vertical rhythm. The vertical rhythm of architectural detailing on a building shall be consistent or compatible with the pattern established on adjacent buildings located within the same block face.
               d.   Building entrances. All buildings which front on U.S. 20/Michigan Street shall orient a main entrance to U.S. 20/Michigan Street.
            4.   Mechanical equipment.
               a.   Roof mounted. All roof mounted mechanical equipment shall be screened based upon an elevation view of the building on all sides.
               b.   Ground mounted. All ground mounted mechanical equipment shall be screened on all sides by: the building; screen walls or fences of a material and color which is compatible with the primary building; or evergreen or densely twigged hedge plants (with or without mounding) of a height at time of planting which is not less than the height of the mechanical equipment to be screened.
            5.   Fenestration.
               a.   Ground floor: window openings on the ground floor of a building shall occupy a minimum of 60% of the ground floor façade area (i.e., that portion of the façade located below 18 feet above grade).
               b.   Upper floors: window openings on the upper floors of buildings shall occupy no more than 40% of the entire upper floor façade area (i.e., that portion of the façade located above 18 feet above grade).
               c.   Any nonresidential building shall have windows (or faux windows) on the upper façade (i.e., that portion of the façade located below 18 feet above grade).
               d.   Window size and shape shall be compatible with those of adjacent buildings and shall have a generally vertical orientation.
               e.   Windows, doors, eaves, and parapets on a building shall be proportional and shall relate to one another.
         (d)   Awnings, canopies, and marquees.
            1.   Design: awnings, canopies and marquees shall be of a simple design intended to complement the architectural elements (storefront cornices, windows, or doors) of the building façade and shall not obscure significant architectural details of a building.
 
            2.   Materials:
               a.   Awnings and canopies shall be constructed of high-quality canvas or canvas-like materials such as matte finish canvas or matte finish vinyl coated canvas.
               b.   Awnings or canopies shall not utilize bubble, box, or shiny plastic or vinyl coated materials.
               c.   Awnings or canopies shall not utilize any transparent or translucent vinyl.
               d.   Awnings or canopies shall not utilize any wood.
            3.   Illumination:
               a.   Wall mounted lighting, such as gooseneck lamps with a metal shade and decorative mounting over awnings or canopies, shall be permitted.
               b.   Backlit or internally-illuminated vinyl or plastic awnings, canopies, or marquees shall be prohibited.
            4.   Clearance to grade: the bottom edge of the:
               a.   Awning or canopy shall not be less than 8 feet, 6 inches above grade over a walkway;
               b.   Marquee shall not be less than 9 feet above grade over a walkway; or
               c.   Awning, canopy, or marquee shall not be less than 15 feet above grade over a driveway, interior access drive, or alley.
            5.   Projection from building: the maximum projection of an awning, canopy, or marquee shall not exceed 8 feet from or beyond the supporting building and shall not project beyond any walkway adjacent to the building.
            6.   Encroachment over public right-of-way: no awning, canopy, or marquee shall encroach into the air rights of any public street right-of-way unless approved by the town prior to the placement of the awning, canopy or marquee.
            7.   Signs on awnings, canopies, or marquees: see § 152.235.
(Ord. 1221, § 4.04, passed 1-26-2010)
§ 152.119 ACCESSORY USES, BUILDINGS, AND STRUCTURES.
   (A)   Permitted accessory uses, buildings, and structures. Accessory uses, buildings, or structures shall be permitted in all Commercial/Town Center Districts; provided, however, that the primary use which is supported by the accessory use, building, or structure is a permitted use within the district to which a lot is zoned.
      (1)   Accessory uses, buildings, or structures shall not be permitted on a lot, out lot, or main portion of an integrated center prior to the erection of the primary building on the lot, out lot, or main portion of the integrated center.
      (2)   By way of example only, some typical accessory uses, buildings, and structures in the Commercial/Town Center Districts are: fences, trash containers, recycling containers, drive-through facilities, gasoline pump islands, and canopies.
   (B)   Development standards for accessory uses, buildings, or structures in all Commercial/Town Center Districts.
      (1)   Accessory uses, buildings, or structures shall comply with all development standards of the applicable district unless an exception is specifically provided for in this section.
      (2)   Accessory uses, buildings, or structures shall not encroach upon any platted easements unless specifically authorized by the terms of the easement or by written consent of the agency in whose favor the easement is granted.
   (C)   Additional development standards for accessory uses, buildings, or structures in any Commercial/Town Center District. Accessory uses, buildings, or structures permitted in any Commercial/Town Center District shall also comply with the following additional development standards:
      (1)   Residential uses. Accessory uses, buildings, or structures provided for any legally established residential uses located in any Commercial/Town Center District shall comply with the provisions of this division (C).
      (2)   Fences (including chain link, solid, architectural screen, lattice-work, or masonry).
         (a)   Fences located in a minimum front yard or in the buildable area of a lot located between the front line of the primary building and the minimum front yard shall not exceed:
            1.   Thirty-six inches in height above grade, if the open space percentage of the fence is equal to or less than 70%; or
            2.   Forty-eight inches in height above grade if the open space percentage of the fence is greater than 70%.
         (b)   Shall not exceed 8 feet in height above grade in a required side yard or a required rear yard;
         (c)   Shall not include any barbed, electric, razor, or other similar types of security wire when located between the front façade of the primary building and the front lot line; and
         (d)   Shall comply with the clear sight area requirements of this chapter, § 152.020.
      (3)   Trash containers. Trash containers exceeding 36 cubic feet shall:
         (a)   Be screened on at least 3 sides by a building wall or a solid-walled enclosure, not less than 6 feet in height nor more than 10 feet in height above grade, equipped with an opaque screen gate, and any solid-walled portion of the enclosure shall be provided with foundation landscaping;
 
         (b)   Not be located between the front façade of the primary building and the front lot line; and
 
         (c)   Not be located in any minimum front yard, minimum side yard, minimum rear yard, minimum front residential bufferyard, minimum side residential bufferyard, or minimum rear residential bufferyard.
      (4)   Parking areas. Shall comply with the provisions of §§ 152.250 through 152.258.
      (5)   Loading areas. Shall comply with the provision of §§ 152.270 through 152.277.
      (6)   Signs. Shall comply with the provisions of §§ 152.230 through 152.236.
      (7)   Drive-through facilities. Shall be so designed that:
         (a)   Drive-through lanes do not conflict with the safe and efficient flow of traffic into and out of required parking spaces or loading spaces;
         (b)   Drive-through lanes have a “bail out” capability for all vehicles which have entered the drive-through lane;
         (c)   The minimum drive-through facility standards include:
            1.   A drive-through lane with a minimum width of 10 feet measured from the furthest point of projection of a drive-through facility from the building or structure; and
            2.   A “bail out” lane with a minimum width of 12 feet measured from and running parallel to the full length of the drive-through lane;
 
         (d)   If a “bail out” lane also serves as an interior access drive providing access to parking spaces, the “bail out” lane/interior access drive shall be limited to a 1-way traffic pattern following the direction of the drive-through lane;
         (e)   If a parking area is developed beyond the “bail out” lane, the parking area shall be separated from the “bail out” lane by a curbed island having a minimum width of 3 feet;
         (f)   Provide at least 5 waiting spaces including the first occurrence of any ordering, pick-up or service facility; and
         (g)   Provide sufficient room for at least 1 waiting space after exiting the last pick-up or service facility.
      (8)   Gasoline dispensers and pump island canopies. Gasoline dispensers and pump island canopies shall:
         (a)   Not be located within any minimum front yard, side yard, rear yard, front residential bufferyard, side residential bufferyard or rear residential bufferyard unless specifically authorized in the “Use of Minimum Yards and Residential Bufferyards” division of the applicable district; and
         (b)   Shall be provided with adequate on-site maneuverability so as to avoid any interference with through traffic on any public right-of-way.
(Ord. 1221, § 4.11(a), passed 1-26-2010)
§ 152.120 TEMPORARY USES, BUILDINGS, AND STRUCTURES.
   (A)   Permits required. A temporary use, building, or structure which is in compliance with the provisions of this section, shall be allowed on a lot or out lot in any Commercial/Town Center District. A temporary use, structure, or building which will be converted into a permanent primary or accessory use after the cessation of the temporary use shall be required to obtain an improvement location permit prior the establishment of the use or the construction of any structure or building. A temporary use, structure, or building which will be removed from the site upon cessation of the temporary use shall comply with the regulations contained in this section, and shall obtain an improvement location permit.
   (B)   Permitted temporary uses, buildings, and structures. By way of example only, permitted temporary uses, buildings, and structures include: construction trailers, sales offices, mobile offices, and temporary seasonal retail sales.
   (C)   Duration. Except as specifically provided otherwise in this section, a temporary use, building, or structure shall be permitted for a period not to exceed 1 year. Except as specifically provided otherwise in this section, the improvement location permit, if required, may be renewed 1 or more times by the Zoning Administrator, for good cause shown, for an additional period(s) not to exceed a total of 3 years beyond the original expiration date.
   (D)   Compliance with development standards. Any temporary use, building, or structure shall comply with all applicable development standards and setback requirements in the district in which the temporary use, building, or structure is located. Temporary construction trailers, temporary freestanding sales offices, and other temporary uses which shall not be converted into a permanent primary or accessory use, shall be exempt from the requirement to provide a hard surfaced parking area.
   (E)   Cessation of use. All buildings, structures, or debris associated with the temporary use shall be removed from the site immediately upon completion or cessation of the temporary use or expiration of the time period set forth above.
   (F)   Additional regulations for temporary seasonal retail sales uses. Any temporary seasonal retail sales use, structure, or building shall also comply with the following regulations:
      (1)   The use or structure shall comply with all setback requirements applicable to off-street parking spaces on the site;
      (2)   A minimum of 3 off-street parking spaces shall be provided on-site for the temporary seasonal retail sales use;
      (3)   The location of the temporary seasonal retail sales use and its required amount of parking spaces shall not interfere with any required parking spaces or safe and efficient flow of vehicular and pedestrian traffic around the parking area for the permanent primary use of the site;
      (4)   Signs for the temporary seasonal retail sales shall comply with the provisions of §§ 152.230 through 152.236 regarding temporary signs; and
      (5)   Notwithstanding the provisions above to the contrary, seasonal retail sales uses shall not exceed 45 consecutive days per occurrence nor a total of 120 days during any calendar year.
(Ord. 1221, § 4.11(b), passed 1-26-2010)
§ 152.121 HOME OCCUPATIONS.
   Home occupations undertaken in connection with a legally established residential use located in any Commercial/Town Center District shall comply with the provisions of § 152.085.
(Ord. 1221, § 4.11(c), passed 1-26-2010)
§ 152.122 PERFORMANCE STANDARDS.
   All use in existence prior to the effective date of this chapter or established after the effective date of this chapter in any Commercial/Town Center District shall comply with the performance standards of the applicable municipal, state, or federal regulations pertaining to: vibration; smoke, dust, and particulate matter; noxious matter; odor; noise; heat; glare; or waste, and shall be subject to enforcement action by the applicable municipal, state, or federal agency responsible for monitoring and enforcing the regulations.
(Ord. 1221, § 4.11(d), passed 1-26-2010)
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