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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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§ 152.119 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)
§ 152.123 ZONING VIOLATIONS IN COMMERCIAL/TOWN CENTER DISTRICTS.
   The following shall be deemed violations of this chapter and shall be enforceable by the town as set forth in §§ 152.405 through 152.413:
   (A)   The conduct of any activity in a Commercial/Town Center District that is not specifically enumerated as a permitted primary use or accessory use in that district, and which activity has not been legally established by a currently valid variance, special exception, or other approval grant;
   (B)   Failure to comply with district development standards, including but not limited to landscaping, paving of parking areas, minimum parking space requirements, trash dumpster enclosure, fencing or screening requirements; or
   (C)   The failure to comply with the terms, provisions, or conditions of: a grant of variance or special exception; an approval of a development plan; an approval of a conditional use district; or other approval grant authorized by this chapter.
(Ord. 1221, § 4.11(e), passed 1-26-2010)
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