B-1 Neighborhood Business
The Neighborhood Business District is designed to meet the day-to-day convenience shopping and service needs of persons living in nearby residential areas. Uses allowed in this district will, in general, be a less intense use than those allowed in the B-2 or B-3 Districts.
B-2 General Business
This district is designed to encourage well-planned business uses. Particularly with respect to unified design, safe ingress and egress, adequate and properly located parking and service facilities and convenient and safe pedestrian accessibility.
B-3 Highway Business
This district provides sites for heavier types of business and commercial uses. The Highway Business District is classified in the B-3 District.
B-4 Heavy Business
The B-4 Heavy Business District is one in which manufacturing, fabricating, processing, extracting, repairing, dismantling, storing or disposing of equipment, raw materials, manufactured products or wastes is conducted entirely within enclosed buildings of any size, provided that such use shall conform to the performance standards set forth herein. Screening of storage, parking and loading areas is essential in this district as it is usually located adjacent to residential areas.
A. PERMITTED USE.
Permitted Use | B-1 | B-2 | B-3 | B-4 |
Permitted Use | B-1 | B-2 | B-3 | B-4 |
Antique shop | X | X | ||
Apparel shop | X | X | ||
Automobile, truck or trailer rental or sales area | X | |||
Bakery, provided floor area used for production shall not exceed seven hundred fifty (750) square feet | X | X | ||
Bakery, secondary food processing, milk processing, manufacture and bottling of dairy product and beverages | X | |||
Bank | X | X | X | |
Barber shop | X | X | X | |
Beauty shop | X | X | X | |
Billboard | X | |||
Billiard room | X | |||
Biological, medical and cosmetic manufacturing | X | |||
Boat sales, service and storage | X | |||
Can and container manufacture, processing and milling of forest products | X | |||
Cannery, bottling, processing and packaging of food and beverages, granaries, rain processing and starch manufacturing | X | |||
Church/worship space/religious space | X | X | X | X |
Club or lodge | X | |||
Cold storage lockers, for individual use | X | X | ||
Commercial greenhouse not exceeding one thousand (1,000) square feet in area | X | X | ||
Dairy store | X | X | ||
Dancing academy | X | X | X | |
Delicatessen | X | X | ||
Dressmaking | X | X | ||
Drug store | X | X | ||
Dry cleaning establishment using not more than two clothes-cleaning units, neither of which shall have a rated capacity of more than sixty (60) pounds using cleaning fluid which is non-explosive and non-flammable | X | X | ||
Electric appliance shop | X | |||
Heavy business uses, including storage, processing, refining, fabricating, extraction, repairing, dismantling, assembling, cleaning, testing or repairing of goods, materials or products within buildings | X | |||
Engineering or research laboratories, vocational or industrial training facilities, data processing or analysis | X | |||
Flower shop | X | X | ||
General offices associated with an industrial use, including service facilities for employees or guests; provided, however, any service facilities shall be entirely enclosed within a building | X | |||
Funeral home | X | X | X | |
Gift shop | X | X | ||
Grocery | X | X | ||
Hardware or paint store | X | X | ||
Hotel or Motel | X | |||
Indoor Theater | X | |||
Jewelry Store | X | X | ||
Kennel | X | X | ||
Laundry Agency | X | X | ||
Manufacture and assembly of glass, plastic and rubber products, implements | X | |||
Manufacture and assembly of marine, office, household appliances, furniture, communication and automobile equipment, air conditioning, heating and refrigeration equipment | X | |||
Manufacture and assembly of optical goods, musical and recording instruments, office machinery, electrical and mechanical | X | |||
Manufacture of cloth, jewelry and leather products | X | |||
Manufacture of colors, dye, paint and other coatings (excluding tar products) | X | |||
Manufacture use of detergents and soaps, pharmaceutical and paper products | X | |||
Manufacture of malt products, brewing distillation of liquid and spirits, poultry hatchery. Monument works and stone cutting | X | |||
Meat market | X | X | ||
Millinery | X | X | ||
Motorbus or railroad passenger station | X | X | ||
Newsdealer | X | X | ||
Newspaper publishing | X | X | ||
Office building | X | X | X | |
Package liquor store | X | X | ||
Photographic studio | X | X | X | |
Physical fitness facility | X | X | X | |
Postal office, telegraph office | X | X | X | |
Printing, lithographing, publishing or photography establishments | X | |||
Public garage, but not including major repair or body work | X | |||
Public parking area | X | |||
Radio or television shop | X | |||
Radio, facsimile, and television towers, including broadcasting studios and radio or television business offices | X | |||
Railroad or other mass transportation rights-of-way and trackage, including passenger stations, shelter stations, and layover areas from transit vehicles, and off-street parking facilities; provided, however, such uses, except rights-of-way, shall not extend within twenty (20) feet of a residential district | X | |||
Record or video shop | X | X | ||
Restaurant | X | X | X | |
Sales room | X | |||
Self-service laundry | X | X | ||
Shoe store and repair shop | X | X | ||
Show room and sales area for articles to be sold at retail | X | X | ||
Stationer | X | X | ||
Storage warehouse | X | X | ||
Supermarket | X | X | X | |
Tailor and pressing shop | X | X | ||
Tavern or night club, only in conformity with requirements of laws or ordinances governing such use | X | |||
Telephone exchange | X | X | X | |
Toy store | X | X | ||
Upholstering and leather goods manufacture | X | |||
Utility company business office | X | X | X | |
Utility installations and facilities | X | |||
Variety store | X | X | ||
Veterinary Hospital for small animals | X | X | ||
Wholesale establishment | X | X | ||
B. RESERVED.
C. SPECIAL EXCEPTIONS.
Special Exception (see M for Definitions) | B-1 | B-2 | B-3 | B-4 |
Special Exception (see M for Definitions) | B-1 | B-2 | B-3 | B-4 |
Airport or heliport | X | X | X | |
Anhydrous Ammonia or similar liquefied fertilizers, storage and distribution (commercial) | X | X | ||
Artificial lake of 3 or more acres | X | X | X | X |
Assembly halls and grounds | X | X | ||
Auction arena or sales yard (excluding livestock) | X | |||
Bottled gas storage and distribution yard | X | |||
Building material supply yard | X | |||
Bulk fuel storage or petroleum tank farm (commercial) | X | |||
Cemetery or crematory | X | X | X | |
Charitable institutions | X | X | X | |
Clinic | X | X | X | |
Commercial greenhouse (exceeding 1,000 sq. ft.) | X | |||
Contractor’s storage yard | X | |||
Day care center or child development | X | X | X | |
Farm implement supplies (machinery) sales and service area or building (new or used) | X | |||
Special Exception (see M for Definitions) | B-1 | B-2 | B-3 | B-4 |
Special Exception (see M for Definitions) | B-1 | B-2 | B-3 | B-4 |
Golf course or country club | X | X | X | |
Golf driving range | X | |||
Grain elevators and related uses | X | X | X | |
Kennel | X | |||
Manufacturing, storage or use of explosives | X | |||
Mining operation (such as sand or gravel pit, borrow pit, topsoil removal and storage areas) | X | |||
Health facility | X | X | X | X |
Hospital | X | X | X | X |
Outdoor commercial recreation enterprise | X | |||
Outdoor theater | X | X | ||
Penal or correction institution | X | |||
Private recreational development | X | X | X | |
Produce stands, seasonal | X | X | X | |
Produce stands, year round | X | X | X | |
Public or employee parking area | X | X | X | |
Public park or recreational facilities | X | X | X | |
Race track | X | |||
Raising and breeding of non-farm fowl or animals (commercial) | X | |||
Recreational vehicle park | X | X | ||
Riding stable | X | |||
Slaughter house | X | |||
Stadium, coliseum, athletic field | X | X | X | X |
Transmission lines for gas, oil, electricity or other utilities | X | X | X | X |
Transmission towers (radio, TV, and the like) | X | X | X | X |
Veterinary hospital or clinic for small animals | X | X | ||
Wholesale produce terminal, or truck freight terminal | X | X | ||
Special Exception (see M for Definitions) | B-1 | B-2 | B-3 | B-4 |
Bed and breakfast | X | X | ||
Filling stations and car washes | X | X | ||
Open air business | X | X | ||
Shopping center | X | X | X | |
Storage | X | X | ||
Wireless communication facilities | X | X |
D. ACCESSORY USES.
INTENT.
Accessory uses shall be permitted in all zone districts in accordance with the provisions of this section. Accessory uses:
1. Shall be incidental and subordinate to, and commonly associated with, the operation of the principal use of the lot.
2. Shall be operated and maintained under the same ownership and on the same lot as the principal use.
3. Shall be clearly subordinate in height, area, bulk, extent and purpose to the principal use served.
4. Shall not be located closer to any lot line than the minimum setback line required, unless specified otherwise in this Code.
5. Shall not be permitted prior to the erection and operation of the principal use, unless a temporary Improvement Location Permit is obtained in accordance with Sec. 1.05(E).
INTERPRETATION.
1. Such appurtenant features as walks, driveways, curbs, drainage installations, retaining walls, mailboxes, lampposts, bird baths and structures of a like nature are allowed without permits. (See Chapter 93, Design Standards Manual).
2. The growing of vegetation, provided it is not for profit, is allowed without a permit.
3. The keeping of domestic pets, provided it is not for profit and not construed as a kennel, is allowed without permit.
4. Fences, walls and structural screens are not allowed without permit . (See Sec. 1.05 (J)).
APPLICATION OF ACCESSORY USES.
The following are acceptable as accessory uses:
1. Such buildings or structures as garages, carports, canopies, porte-cocheres, patios, outdoor fireplaces, bath houses and cabanas, greenhouses, and similar accessory buildings or structures.
2. Stables and animal pens, on residential lots of at least five (5) acres; provided, however, any structures, pens or corrals housing animals shall be 200 feet from an adjoining property line, except where animals are kept in sound-proof air conditioned buildings, in which case the required setback line is 100 feet.
3. Storage areas, as regulated in applicable sections of this Code.
4. Storage or parking of recreational vehicles or the storage of motor vehicles, which are clearly accessory and not for commercial purposes.
a. Storage of a continually unoccupied mobile home is only permissible in a business or industrial district at a location legally qualified to render storage for said mobile homes.
b. Satellite (earth) television antennas in accordance with the following standards:
1. There shall be one satellite television antenna permitted per residential lot.
2. In all districts, a satellite television receiving antenna having a diameter greater than four (4) feet shall be located on the ground upon and within a poured concrete foundation to the rear of the principal building on a lot, and within the building area, and shall not exceed thirteen (13) feet in height or the height of the main structure, whichever is less.
3. In all districts, a satellite television antenna having a diameter of four (4) feet or less may be located on the principal building or an accessory building on a lot, and shall not exceed a height of more than four (4) feet above the roof on which it is mounted, subject to the particular height requirements of the district. When an antenna having a diameter of four (4) feet or less is located on the ground, all requirements contained in paragraph (b) herein shall apply.
4. The satellite television antenna shall be screened from view by a fence or natural plants and can be located in a side yard to the rear of the Building Setback lines if, in the opinion of the Zoning Administrator, the antenna can be adequately screened from view.
5. No satellite television antenna shall be linked to a receiver, which is not located on the same lot or parcel of real estate.
E. TEMPORARY USES.
Uses Which May Be Permitted By the Board
Temporary Use | Duration |
Temporary Use | Duration |
Non-commercial batching plant | 18 months |
Parking lot for special event in district | 18 months |
Temporary building or yard for construction materials and equipment | 18 months |
Temporary signs in connection with special event in district, except temporary political signs or community activity signs | Max. 10 days |
Announcement signs necessary to explain character of building or enterprise | 18 months |
Bazaars, carnivals, rummage or garage sales | Max. 10 days |
Sale of Christmas trees, outdoor tent theater, sale of seasonal fruits and vegetables from roadside stands, tent sales | Max. 60 days |
Parking of recreational vehicles for visitation | Max. 7 days |
Mobile home as temporary office during construction and development | Max. 18 months |
Mobile home as temporary residence for security purposes | Max. 18 months |
Display of pennants and other attracting devices in connection with a special promotion program for open-air business | During 7 consecutive day period; for use twice (2) during any twelve (12) month period, and to be separated by no less than four (4) weeks |
Other similar uses deemed temporary by the Board and attached with such time period, conditions, and safeguards as the Board deem necessary. | N/A |
STANDARDS.
1. Adequate access and off-street parking facilities shall be provided which shall not interfere with traffic movement on adjacent streets.
2. No public address systems or other noise producing devices shall be permitted in a residential district.
3. Any flood lights or other lighting shall be directed upon the premises and shall not be detrimental to adjacent properties.
4. No banners, pennants or unnecessary signs shall be permitted in a residential district.
5. The lot shall be put in clean condition devoid of temporary use remnants upon termination of the temporary period.
F. DEVELOPMENT STANDARDS.
Development Standards | B-1 | B-2 | B-3 | B-4 |
Minimum Lot Size (square feet) | 5,000 | 6,000 | 20,000 | 20,000 |
Minimum Lot Width | 50' | 50' | 100' | 100' |
Front Setback | 15' | 15' | 15' | 20' |
Side Setback (per side) | 15' | 10' | 15' | 40' |
Rear Setback | 8' | 10' | 15' | 40' |
Principal Building Height | 35' | 45' | 75' | 75' |
Accessory Structure Height | 18' | 18' | 35' | 35' |
Maximum Lot Coverage (percentage) | ||||
Minimum Ground Floor Area (square feet) | ||||
G. FRONT AND SIDE YARD REQUIREMENTS.
1. Building lines or building setback line established in a recorded subdivision shall establish the dimension of front yards in such subdivisions.
2. On through lots, a front yard is required on each street.
3. Along the fenced right-of-way of any street, highway or arterial thoroughfare, where access rights thereto have been purchased or otherwise acquired and controlled by a governmental agency having jurisdiction thereof, the minimum building setback lines shall be a distance of twenty (20) feet; provided, however, said setback line shall not encroach upon any easement.
**Side Yard.
Where sixty percent (60%) or more of the lots in a block frontage are occupied by buildings which provide side yards of less than the minimum required by this Code, the average side yard of such buildings may determine the required side yard; provided, however, no side yard shall be reduced to less than three (3) feet. Where an existing building is deficient in side yards, any addition to such an existing building shall maintain the existing side yards.
YARD ENCROACHMENTS.
No structure or part thereof shall project into a required front yard except:
1. An eave, cornice overhang, awning, balcony or bay window not exceeding four (4) feet; provide, however, that in no event shall said encroachment protrude closer than twenty (20) feet to a front lot line.
2. The ordinary projection of belt courses, sills, lintels, chimneys, and other similar ornamental and architectural features not exceeding two feet.
3. Unenclosed, uncovered steps, entrance platforms, terraces or landings not over eighteen (18) inches above grade level and not to project a distance in excess of ten (10) feet.
PROJECTIONS.
No structure or part thereof shall project into a required side or rear yard except:
1. An eave, cornice, overhang, awning, balcony or bay window not exceeding four (4) feet; provided, however, that said encroachment shall not protrude closer than eighty percent (80%) of the required distance to any side or rear lot line.
2. The ordinary projection of belt courses, sills, lintels, chimneys and other similar ornamental and architectural features not exceeding two feet; provided, however, that said encroachment shall not protrude closer than eighty percent (80%) of the required distance to any side or rear lot line.
3. Unenclosed, uncovered steps, entrance platforms, terraces, or landings not over eighteen (18) inches above grade level.
ALLEY ABUTTING REAR OR SIDE YARD.
One-half of an alley abutting the rear or side of a lot may be included in the rear yard or side yard, respectively, but such alley space shall not be included for loading and unloading berths.
1. SUPPLEMENTARY BUSINESS STANDARDS.
The following standards shall supplement the business use requirements of the district:
a. General Standards.
1. No unusually loud amplification of radio music or other audio advertising shall be permitted on the premises. "Too Loud" is when the sound is audible at the Lot Line.
2. No lights utilizing an attracting device or lights on stringers of unshielded incandescent lamps or attention attracting lighting from apparatus of a type used by emergency vehicles shall be permitted on the premises.
3. There shall be no exterior displays which restrict visibility in any way or which impede the movement of any vehicles. All such displays shall be maintained in an orderly manner.
4. Adequate indoor or outdoor trash containers shall be required; provided, however, that trash containers exceeding two (2) cubic yards shall be located within a solid, decorative stall behind or beside the primary structure, away from the view of the frontal street.
5. No vending machines shall be permitted on the exterior of any building on the premises except where contained in a shelter, stall or other area so located as not to interfere materially with the use of adjoining property.
6. The use of pennants and other similar attracting devices in connection with a special promotional program may be permitted by the Board upon the issuance of a temporary improvement location permit. (See Chapter 2)
b. Traffic Congestion.
1. The number of traffic access points for establishments with 100 feet or less of frontage on a street shall not exceed one.
2. For establishments with frontage of more than 100 feet, a frontage road shall be provided, of not less than two (2) lanes in width or a combined frontage road and parking area, parallel with and adjacent to the street upon which the establishments front. In the event the establishments front on more than one street, such frontage roads may be required on more than one road frontage.
The frontage road or roads required by this section shall be effectively separated from the main roadway by a landscape strip or other suitable delineation and shall be designed and arranged so as to provide the principal means of access to abutting business establishments.
In general, the use of public improved alley, interior access roads or any other designed means to minimize the number of traffic access points and business intersections therein are encouraged.
2. PERFORMANCE STANDARDS FOR HEAVY BUSINESS USES.
a. No activity involving the storage, utilization or manufacture of materials or products, which decompose by detonation, shall be permitted unless specifically approved by the New Palestine Town Council. Such activity shall be conducted in accordance with the rules promulgated by the State Fire Marshal. Such materials shall include, but are not limited to, all primary explosives such as lead azide, lead styphnate, fulminates, and tetracene; all high explosives such as TNT, TDX, HMX, PETN and picric acid; propellants and components thereof, such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate, and potassium nitrate; blast explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetyrides, tetrazoles, and ozonides; strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorates, chlorates, and hydrogen peroxide in concentrations greater than thirty-five percent (35%); and nuclear fuels, fissionable materials and products; and reactor elements such as Uranium 235 and Plutonium 239.
b. The restrictions of this subsection shall not apply to: (a) the activities of site preparation or construction, maintenance, repair, alteration, modification or improvement of buildings, equipment or other improvements on or within the lot line; (b) the operation of motor vehicles or other facilities for the transportation of personnel, materials or products; (c) conditions beyond the control of the user such as fire, explosion, accidents, failure or breakdown of equipment or facilities or emergencies; (d) safety or emergency warning signals or alarms necessary for the protection of life, limb or property.
c. Outdoor storage. Outdoor storage which is used as an accessory use for any heavy business use in the B-4 District may be permitted by the Board of Zoning Appeals, provided the said storage is located behind the building line and in such a manner that it cannot be seen from the frontal street or a side street. Screen planting, a fence or a wall not to exceed eight (8) feet in height may be employed to screen storage areas from view.
d. Smoke. The emission of more than seventy (70) smoke units per hour per stack and emissions in excess of Ringlemann No. 2 are prohibited, except that for one (1) hour during any twenty-four (24) hour period, this rate maybe increased to eighty (80) smoke units per hour per stack up to and including Ringlemann No. 3 for the purposes of process purging, soot blowing and fire cleaning.
e. Particulate matter. The rate of particulate matter from an individual process within the boundaries of any lot shall not exceed a figure of 0.06 pounds effluent gas. Not more than fifty percent (50%) by weight of particles larger than forty-four (44) microns (325 mesh) shall be allowed.
f. Odor. Any activity or operation, which release odors to the atmosphere, shall be so controlled as to insure that it will produce no public nuisance or hazard at or beyond the nearest residence or business district boundary line.
g. Poisonous an Injurious Fumes and Gases. The emission of toxic or injurious fumes and gases shall be controlled so as to comply with the following: The emission from any source shall not cause at or beyond any lot line, concentrations of toxic and/or injurious fumes and gases in excess of ten percent (10%) of the threshold limit set for the fume or gas in question in the "Threshold Limit Values for Toxic Materials in Industry" issued by the Indiana State Board of Health, from the American Conference of Governmental Hygienists, latest issue.
h. Glare and Heat. No operation, activity or structure shall cause heat or glare in such a manner as to be a public nuisance at or beyond any residence or business district boundary.
i. Vibration. Any use creating intense earth-shaking vibrations such as are created by a heavy drop forge shall be set back from a residence district boundary at least two hundred and fifty (250) feet, or at least one hundred fifty (150) feet from a business district boundary.
j. Noise. At no point one hundred twenty-five (125) feet from the boundary of an B-4 District which permits an heavy business use shall the sound pressure level of any operation or plant (other than background noises produced by sources not under the control of this Code) exceed the decibel limits in the octave bands designated as follows:
Octave Band Frequency (Cycles per Second) | Maximum Permitted Sound Level (in decibels) 125 feet from District Adjoining Residence District Boundaries | Maximum Permitted Sound Level (in decibels) 125 feet from District Adjoining Business District Boundaries |
0 to 75 | 75 | 80 |
75 to 150 | 70 | 75 |
150 to 300 | 65 | 70 |
300 to 600 | 59 | 64 |
600 to 1200 | 53 | 58 |
1200 to 2400 | 48 | 53 |
Octave Band Frequency (Cycles per Second) | Maximum Permitted Sound Level (in decibels) 125 feet from District Adjoining Residence District Boundaries | Maximum Permitted Sound Level (in decibels) 125 feet from District Adjoining Business District Boundaries |
2400 to 4800 | 48 | 49 |
Above 4800 | 41 | 46 |
Provided further, that wherever a B-4 Heavy Business District abuts a Residence District, no noise shall emit across the lot lines in such a manner or intensity as to endanger the public health, safety or welfare, or cause injury to people.
Fire Hazards. The storage, utilization or manufacture of solid materials products shall conform to the provisions of this Code and the Department of Fire Prevention and Building Safety of the State of Indiana.
H. PARKING.
Type of Use | Minimum # of Parking Spaces (/ denotes "per") |
Type of Use | Minimum # of Parking Spaces (/ denotes "per") |
Airport or Heliport | 1/employee + sufficient spaces to accommodate the # of vehicles anticipated during peak times |
Anhydrous Ammonia or similar liquefied fertilizers, storage and distribution (commercial) | 1/employee |
Antique shop | 2/1000 sq. ft. of gross floor area |
Apparel shop | 3/1000 sq. ft. of gross floor area |
Artificial lake of three (3) or more acres | N/A |
Assembly halls and grounds | 1/4 persons at maximum capacity |
Auction arena or sales yard (excluding livestock) | 1/employee + sufficient spaces to accommodate the # of vehicles anticipated during peak times + 1/vehicle used in operation |
Automobile, truck or trailer rental or sales area | 2/1000 sq. ft. of gross floor area |
Bakery, provided floor area used for production shall not exceed seven hundred fifty (750) square feet | 5/1000 sq. ft. of gross floor area |
Bakery, secondary food processing, milk processing, manufacture and bottling of dairy product and beverages | 1/employee on largest shift + 1/vehicle used in operation |
Bank | 3/1000 sq. ft. of gross floor area |
Barber shop | 1.5/chair + 1/ 2 employees |
Type of Use | Minimum # of Parking Spaces (/ denotes "per") |
Type of Use | Minimum # of Parking Spaces (/ denotes "per") |
Beauty shop | 1.5/chair + 1 /2 employees |
Bed and Breakfast | 1/ guest room + dwelling unit requirements |
Billboard | N/A |
Billiard room | 2/ table + 1/ employee on largest shift |
Biological, medical and cosmetic manufacturing | 1/ employee on largest shift + 1/ vehicle used in operation |
Boat sales, service and storage | 2/ 1000 sq. ft. of enclosed area + 1/ 2500 of open sales area + 1/employee |
Bottled gas storage and distribution yard | 1/ employee on largest shift + 1/ vehicle used in operation |
Building material supply yard | 1/ employee on largest shift + 1/ vehicle used in operation |
Bulk fuel storage or petroleum tank farm (commercial) | 1/ employee on largest shift + 1/ vehicle used in operation |
Can and container manufacture, processing and milling of forest products | 1/ employee on largest shift + 1/ vehicle used in operation |
Cemetery or Crematory | 1/ 4 seats in chapel + 1/ employee + parking along internal drives |
Charitable institutions | 1/ employee + sufficient spaces to accommodate the # of vehicles anticipated during peak times |
Church/ worship space/ religious space | 1/ employee + 1 /2 seats in worship space |
Clinic | 3/ doctor + 1/ employee |
Club or lodge | 1/ 4 persons at maximum capacity |
Cold storage lockers, for individual use | 1/ facility available for individual use |
Commercial greenhouse (exceeding 1,000 sq. ft.) | 1/ employee on largest shift |
Commercial greenhouse not exceeding one thousand (1,000) square feet in area | 1/ 1000 sq. ft. of open sales area |
Contractor's storage yard | 1/ employee on largest shift + 1/ vehicle used in operation |
Dairy store | 2.5/1000 sq. ft. gross floor area |
Dancing academy | 4/ 1000 sq. ft. of leaseable floor area |
Type of Use | Minimum # of Parking Spaces (/ denotes "per") |
Type of Use | Minimum # of Parking Spaces (/ denotes "per") |
Day care center or child development | 1/ employee + 1/ 5 children |
Delicatessen | 5/1000 sq. ft. gross floor area |
Dressmaking | 5/1000 sq. ft. gross floor area |
Drug store | 2.5/1000 sq. ft. gross floor area |
Dry cleaning establishment using not more than two clothes-cleaning units, neither of which shall have a rated capacity of more than sixty (60) pounds using cleaning fluid which is non-explosive and non-flammable | 3 + 1/1000 sq. ft. gross floor area |
Electric appliance shop | 1/ 2 employees + 2/ 1000 sq. ft. gross floor area open to the public |
Engineering or research laboratories, vocational or industrial training facilities, data processing or analysis | 4/ 1000 sq. ft. gross floor area up to 20,000; 2/1000 sq. ft. gross floor area greater than 20,000 |
Farm-implement supplies (machinery) sales and service area or building (new or used) | 2/1000 sq. ft. gross floor area + ½,500 sq. ft. of open sales area + 1/employee |
Filling stations and car washes | 1/ service bay + 1.5/fuel nozzle + 3/1000 sq. ft. of gross floor area |
Flower shop | 5/1000 sq. ft. gross floor area |
Funeral home | 1/ employee + 1/5 seats in space |
General offices associated with an industrial use, including service facilities for employees or guests; provided, however, any service facilities shall be entirely enclosed within a building | 1/ employee on largest shift + 1/ vehicle used in operation |
Gift shop | 2/1000 sq. ft. gross floor area |
Golf course or country club | 50% of active members at 1/3 members + 1/ 2 employees + 3/ hole |
Golf driving range | 1/ tee + 1/employee on largest shift |
Grain elevators and related uses | N/A |
Grocery | 5/1000 sq. ft. gross floor area |
Hardware or paint store | 2/1000 sq. ft. gross floor area |
Health facility | 5/1000 sq. ft. gross floor area |
Type of Use | Minimum # of Parking Spaces (/ denotes "per") |
Type of Use | Minimum # of Parking Spaces (/ denotes "per") |
Heavy business uses, including storage, processing, refining, fabricating, extraction, repairing, dismantling, assembling, cleaning, testing or repairing of goods, materials or products within buildings | 1/ employee on largest shift + 1/ vehicle used in operation |
Hospital | 1/4 patients at capacity + 1/ employee on largest shift |
Hotel or motel | 1/ room + 1/ 3 employees on largest shift + 1/ 3 persons at maximum capacity in meeting rooms |
Indoor theater | 1/ 4 seats |
Jewelry store | 3/ 1000 sq. ft. gross floor area |
Kennel | 3/ 1000 sq. ft. gross floor area |
Laundry agency | 1/ employee |
Manufacture and assembly of glass, plastic and rubber products, implements | 1/ employee on largest shift + 1/ vehicle used in operation |
Manufacture and assembly of marine, office, household appliances, furniture, communication and automobile equipment, air conditioning, heating and refrigeration equipment | 1/ employee on largest shift + 1/ vehicle used in operation |
Manufacture and assembly of optical goods, musical and recording instruments, office machinery, electrical and mechanical | 1/ employee on largest shift + 1/ vehicle used in operation |
Manufacture of cloth, jewelry and leather products | 1/ employee on largest shift + 1/ vehicle used in operation |
Manufacture of colors, dye, paint and other coatings (excluding tar products) | 1/ employee on largest shift + 1/ vehicle used in operation |
Manufacture of detergents and soaps, pharmaceutical and paper products | 1/ employee on largest shift + 1/ vehicle used in operation |
Manufacture of malt products, brewing distillation of liquid and spirits, poultry hatchery. Monument works and stone cutting | 1/ employee on largest shift + 1/ vehicle used in operation |
Manufacturing, storage or use of explosives | 1/ employee on largest shift + 1/ vehicle used in operation |
Meat market | 5/1000 sq. ft. gross floor area |
Type of Use | Minimum # of Parking Spaces (/ denotes "per") |
Type of Use | Minimum # of Parking Spaces (/ denotes "per") |
Millinery | 1/ employee on largest shift + 1/ vehicle used in operation |
Mining operation (such as sand or gravel pit, borrow pit, topsoil removal and storage areas) | 1/ employee on largest shift + 1/ vehicle used in operation |
Motorbus or railroad passenger station | 1/ 4 seats for waiting passengers |
Newsdealer | 3/ 1000 sq. ft. gross floor area |
Newspaper publishing | 1/ 2 employees + 2/1000 sq. ft. open to public |
Office building | 4/1000 sq. ft. leasable floor area up to 20,000 sq. ft.; 2/1000 sq. ft. of leasable floor area greater than 20,000 sq. ft. |
Open air business | ½,500 sq. ft. of gross floor area open to public |
Outdoor commercial recreation enterprise | 1% of total land area |
Outdoor theater | 1/ 4 seats at maximum capacity |
Package liquor store | 2.5/1000 sq. ft. of gross floor area |
Penal or correction institution | 1/ employee + 1/ 20 inmates |
Photographic studio | 2.5/1000 sq. ft. gross floor area |
Physical fitness facility | 5/1000 sq. ft. gross floor area |
Postal office, telegraph office | 1/ employee on largest shift + 2/1000 open to the public + 1/ vehicle used in operation of service |
Printing, lithographing, publishing or photography establishments | 2.5/1000 sq. ft. gross floor area |
Private recreational development | 5/1000 sq. ft. gross floor area |
Produce stands, seasonal | 4/ stand |
Produce stands, year round | 4/ stand |
Public garage, but not including major repair or body work | 1/ service bay + 1/ employee on largest shift |
Employee parking area | 1/ employee on largest shift |
Public park or recreation facilities | 1% of total land area |
Public parking area | See Zoning Administrator |
Type of Use | Minimum # of Parking Spaces (/ denotes "per") |
Type of Use | Minimum # of Parking Spaces (/ denotes "per") |
Race track | 1/ employee on largest shift + 1/ 2 seats in facility + 1/ vehicle used in operation |
Radio or television shop | 1/ 2 employees + 2/1000 sq. ft. gross floor area |
Broadcasting studios and radio or television business offices | 1/ 2 employees |
Raising and breeding of non-farm fowl or animals (commercial) (except kennel) | 1/ employee on largest shift |
Record or video shop | 3/ 1000 sq. ft. gross floor area |
Recreational vehicle park | 1/ recreational vehicle at peak time |
Restaurant | 1/ 3 seats + 1/ 2 employees on largest shift |
Riding stable | 1/ employee + 1/ 2 patrons at peak time + 1/ vehicle used in operation |
Sales room | 3/1000 sq. ft. gross floor area |
Self-service laundry | 3 + 1/1000 sq. ft. gross floor area |
Shoe store and repair shop | 3/1000 sq. ft. gross floor area |
Shopping center | |
<400,000 sq. ft. gross leasable area | 4/1000 sq. ft. of leasable area |
401,000 - 600,000 sq. ft. leasable area | 4.5/1000 sq. ft. of leasable area |
>600,000 sq. ft. gross leasable area | 5/1000 sq. ft. of leasable area |
Show room and sales area for articles to be sold at retail | 2/1000 sq. ft. of enclosed sales area + ½,500 sq. ft. of open sales area + 1/ employee |
Slaughter house | 1/ employee on largest shift |
Stadium, coliseum, athletic field | 1/ employee on largest shift + ½ |
Stationer | 3/1000 sq. ft. gross floor area |
Storage center | 3 + 1/100 units |
Storage warehouse | 1/ employee on largest shift + 1/ vehicle used in warehouse |
Supermarket | 5/1000 sq. ft. gross floor area |
Tailor and pressing shop | 5/1000 sq. ft. gross floor area |
Type of Use | Minimum # of Parking Spaces (/ denotes "per") |
Type of Use | Minimum # of Parking Spaces (/ denotes "per") |
Tavern or night club, only in conformity with requirements of laws or ordinances governing such use | 1/ 4 seats |
Telephone exchange | N/A |
Toy store | 3/1000 sq. ft. gross floor area |
Transmission lines for gas, oil, electricity or other utilities | N/A |
Transmission towers (radio, TV, and the like) | N/A |
Upholstering and leather goods manufacture | 1/ employee on largest shift + 1/ vehicles in operation of service |
Utility company business office | 1/ 1000 sq. ft. open to the public + 1/ employee on largest shift + 1/ vehicle used in operation of service |
Utility installations and facilities | 1/ employee on largest shift |
Variety store | 3/1000 sq. ft. gross floor area |
Veterinary hospital or clinic for small animals | 3/ doctor + 1/ employee |
Wholesale establishment | 1/ employee + 3/1000 sq. ft. open to the public |
Wholesale produce terminal, or truck freight terminal | 1/ employee on largest shift + 1/ vehicle in operation of service |
Wireless communication facilities | N/A |
OFF-STREET PARKING AND LOADING.
1. INTENT.
a. Accessory off-street parking and loading facilities shall be provided and maintained for all buildings, structures or premises used in whole or in part for purposes permitted by this Code in accordance with the provisions of this section, or as otherwise indicated in Section 3, or elsewhere.
b. The regulations of this section are designed to alleviate or prevent congestion of the public streets by establishing minimum requirements for on-site storage of motor vehicles in accordance with the use to which the property is occupied.
2. SCOPE.
a. No use lawfully established prior to the adoption of this code shall be required to provide and maintain the parking and loading requirements herein; provided, however, that off-street parking and loading spaces required by any previous ordinances adopted pursuant to the Indiana Planning Statutes shall be continued and maintained.
b. For any nonconforming use which is hereafter damaged or partially destroyed, and which is lawfully reconstructed, re-established, or repaired, off-street parking and loading facilities equivalent to those maintained at the time of such damage or partial destruction shall be restored and continued in operation; provided, however, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this Code for equivalent new uses.
c. When the intensity of use of any building, structure or premises shall be increased through the addition of dwelling units, floor area, beds, seating capacity, or other unit of measurement, parking and loading facilities as required herein shall be provided for such increase in intensity of use.
d. Whenever the existing use of a building, structure or premises shall hereinafter be changed or converted to a new use permitted by this Code, parking and loading facilities shall be provided as required for such new use.
e. Accessory off-street parking or loading facilities in existence on or before the adoption of this code shall not hereafter be reduced below, or if already less than, shall not be further reduced below the requirements for a similar new use under the provisions of this Code.
f. Nothing in this Code shall be deemed to prevent the voluntary establishment of accessory off-street parking or loading facilities to serve any existing use of land or buildings, provided that all regulations herein governing the location, design, and operation of such facilities are adhered to.
g. Accessory off-street parking and loading spaces shall be provided on the same lot as the uses served, except as otherwise provided in this Code, and may be situated as one or more individual areas.
h. Accessory off-street parking facilities for separate uses may be provided collectively if the total number of spaces so provided is not less than the sum of the separate requirements for each such use, and provided that all regulations governing location of accessory parking spaces in relation to the use served are adhered to. Further, no parking space or portion thereof shall serve as a required space for more than one use unless otherwise authorized by the Board of Zoning Appeals.
i. Accessory off-street parking and loading facilities provided to comply with the provisions of this Code should not subsequently be reduced below the requirements of this Code.
j. Accessory off-street parking facilities required herein shall be utilized solely for the parking of passenger automobiles or light trucks of less than one (1) ton capacity, of patrons, occupants or employees of specified uses. Said parking facilities shall not be used for the storage, display, sale, repair, dismantling or wrecking of any vehicle, equipment or material.
k. Required off-street loading and unloading spaces shall not be construed as being part of the required off-street parking spaces.
l. Loading and unloading berths shall not be required for business uses and industrial uses, which demonstrably do not receive or transmit goods or wares by truck delivery.
m. Accessory off-street parking facilities are not required in a block frontage contained in a B-3 District in which the ground floor area of business or industrial structures, including their accessory buildings, existing at the time of passage of the ordinance establishing the Zoning Code, equaled fifty percent (50%) or more of the entire area of the block frontage.
3. GENERAL PROVISIONS.
a. Each required off-street parking space shall be at least nine (9) feet in width and at least eighteen (18) feet in length, exclusive of access drives or aisles, ramps, columns, or office or work areas. Such space shall have adequate vertical clearance. For parallel parking, the length of the parking space shall be increased to twenty-four (24) feet.
b. Each required off-street loading space shall be of a size not less than that required for an off-street parking space but scaled larger to delivery vehicles expected to be used, logically and conveniently located for bulk pickups and deliveries, and accessible to such vehicles when required off-street parking spaces are filled; provided that for industrial uses, the off-street area required for the receipt or distribution by vehicles of materials or merchandise to be no less than twelve (12) feet by forty-five (45) feet loading space with a fourteen (14) foot height clearance; provided further that if more than one (1) berth is provided, the minimum dimensions are to be no less than ten (10) feet by forty-five (45) feet with a fourteen (14) foot height clearance.
c. The angle shall be measured between centerline of parking space and centerline of aisle.
Parking Angle (in degrees) | Aisle Width (in feet) |
45 degrees | 14' |
60 degrees | 18' |
90 degrees | 24' |
d. All off-street parking or loading facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement.
e. In determining the minimum required number of off-street parking or loading spaces, the following instructions shall be applicable in such computations:
1. If the unit of measurement is any fraction of the unit specified in relation to the number of spaces to be provided, said fraction shall be considered as being the next unit and shall be counted as requiring one space.
2. In sports arenas, church and other places of assembly in which patrons occupy benches, pews or other similar seating facilities, each twenty-two (22) inches of such seating shall be counted as one (1) seat for the purpose of determining requirements hereunder.
f. Accessory off-street parking areas may count toward the open space requirements of this Code.
g. Accessory off-street parking and loading areas shall be provided to the rear of the building, except as specified otherwise by this Code. When permitted within required setback distances, a landscape screen shall be provided along the property line.
h. Adequate employee and customer off-street parking area shall be provided, including such areas incidental to display, servicing and repair. No such parking shall be permitted on driveway approaches, landscape areas, adjacent alleys or streets on any public right-of-way or in such a manner as to restrict motorists' visibility.
OFF-SITE PARKING FACILITIES.
1. INTENT.
Required off-site parking facilities shall be provided hereinafter. The Board of Zoning Appeals is hereby authorized to grant an off-site parking facility as a special exception in accordance with the following conditions:
a. A development plan for such off-site parking facility shall be filed with the Board of Zoning Appeals as a required exhibit accompanying the special exception application and shall be made part of the conditions of any approval therefore. Said development plan shall demonstrate compliance with all applicable standards of this Code, shall be amended and re-approved to indicate any change or other modification of uses served, or number of parking spaces provided therefore, and shall indicate:
1. Adjacent streets, alleys and lots.
2. All individual primary uses to be served, including the location use and number of parking spaces for each such use.
3. A layout drawn to scale of aisles and driveways, entrances, exits and turn-off lanes, parking spaces, setbacks, drainage facilities, and landscaping and buffer screening.
4. Type of lighting and pavement proposed and identification signs, including location, size and design thereof.
b. Off-site parking facilities shall be provided with setback distances equivalent to the requirements of the district, and ingress and egress points shall be limited to protect the function of adjoining streets.
c. Off-site parking facilities shall be encumbered by any instrument duly executed, in recordable form, enforceable by the New Palestine Board of Zoning Appeals and acknowledged, which subject said accessory off-site parking facilities to parking use served. Said instrument shall specify and bind the time period to the anticipated life of the building or use to which the parking facilities are accessory. Said instrument shall be filed in the applicable Improvement Location Permit files of the Zoning Administrator's Office and placed on public record in the office of the County Recorder.
d. Off-site parking facilities shall be developed in accordance with the provisions of Subsection (F) below. Further, said facilities shall be developed under such conditions imposed by the Board of Zoning Appeals as to protect residential districts and maintain at a minimum the disturbance to nearby residential uses.
2. DEVELOPMENT STANDARDS.
a. Required off-site parking spaces shall be so designed, arranged and regulated as to have individual spaces marked, be unobstructed and have access to an aisle or driveway so that any vehicle may be moved without moving another and so that no maneuvering directly incidental to entering or leaving a parking space shall be on any public right-of-way or walkway.
b. Off-site parking spaces may be open to the sky or enclosed in a building. In any instance when a building is constructed or used for parking facilities on the lot, said building shall be treated as any major structure and subject to all requirements thereof.
c. No repair work, sales or service of any kind shall be permitted in association with accessory off-site parking facilities unless such facilities are enclosed in a building and otherwise permitted in the district.
d. All open off-site parking areas shall be surfaced with an all-weather paving material capable of carrying a wheel load of four thousand (4,000) pounds, or improved with concrete or a compacted macadam base and surfaced with an asphaltic pavement, to adequately provide a durable and dust free surface which shall be maintained in good condition and free of weeds, dirt, trash and debris, except that:
1. A gravel surface may be used for a period not exceeding one year after the date of granting the Certificate of Occupancy where ground conditions are not immediately suitable for permanent surfacing as specified above.
2. A gravel surface in the area of storage or handling may be used permanently in association with industries that handle liquids or chemicals which create a potential hazard if containment should be lost and where absorption into the ground through a loose surface material would eliminate or alleviate such hazard.
e. Driveway entrances or exits shall be no closer than twenty-five (25) feet to any adjoining residential property line or ten (10) feet to an adjoining non-residential property line or designed in such a manner as to least interfere with traffic movement. No driveway across public property at the right-of-way line of the street shall exceed a width of thirty (30) feet; provided, however, two (2) driveways not exceeding thirty (30) feet in width each may constitute a single entrance-exit divider designed driveway; provided, further, that such driveways shall conform to the requirements of the Specifications of the Town of New Palestine.
f. In any district, each use which is so located that it fronts upon and provides access to an arterial thoroughfare shall provide a frontage lane paralleling and adjoining the improved part of the right-of-way at least eleven (11) feet in width for turn traffic entering the lot. Such frontage lane shall be at least one hundred (100) feet in length, exclusive of the entrance way and taper area; provided, however, if the lot frontage is too small to meet such requirement, the frontage lane shall extend the entire width of the lot.
g. Any lighting facilities used to illuminate off-site parking areas shall be so located, shielded and directed upon the parking area in such a manner that they do not reflect or cause glare onto adjacent properties or interfere with street traffic. In no instance shall bare unshaded bulbs be used for such illumination.
h. Such parking areas shall be graded and properly drained in such a manner that there will be no free flow of water onto either adjacent property or public sidewalks. Further, any additional run-off generated by such improved areas shall be disposed of in appropriate drainage facilities.
i. Such parking areas shall be so lined or designated as to insure the most efficient use of the parking spaces, and provided with bumper guards or wheel guards so located that no part of the parked vehicle will extend beyond the boundary of the established parking area into any minimum required yard or onto adjoining property.
j. No business signs or advertisements shall be permitted in parking areas; provided, however, directional and identification signs shall be permitted in accordance with Sec. 1.05(I)B
k. Parking areas located in the business and industrial districts shall be provided with a solid landscape screen not less than four (4) feet in height whenever the parking area is located within one hundred (100) feet of adjoining residential uses or fronting upon any adjoining residential uses, except as otherwise provided in this Code.
l. The ground area between the required off-site parking area setback and any lot line shall be landscaped with appropriate material to adequately indicate delineation.
m. Parking areas may be provided with a one-story shelter building or guard building which shall not exceed one hundred (100) square feet of gross floor area and shall conform to all the structural requirements of the district.
I. RESERVED.
J. SAFETY AND VISION.
The following regulations provide for the maximum safety of persons using sidewalks and streets: on any corner lot, a wall, fence, sign, structure, display of merchandise or any other plant growth that obstructs sight lines at elevations between two and one-half (2½) feet and ten (10) feet above the crown of the adjacent roadway shall not be placed or maintained within a triangle of the area of the lot twenty-five (25) feet from the street right-of-way at intersections.
K. FENCES.
Fences in business districts (B-1, B-2, B-3, and B-4) where used for commercial or industrial uses shall be allowed subject to the following provisions:
1. All fences built in these districts shall require a permit.
2. Fences intended for security purposes shall not exceed a maximum height of eight feet, plus a maximum of three (3) strands of barbed wire, and shall be allowed within any side or rear yards; however, they shall not be allowed in any green strip or buffer area.
3. Fencing intended for decorative purposes only may be allowed anywhere on a parcel, provided it does not exceed three and one-half (3-1/2) feet in height.
L. SPECIAL EXCEPTIONS STANDARDS.
1. Airport or Heliport.
a. Fence. Six (6) foot wire mesh where accessible to public.
b. Solid Screen Planting - Six (6) feet height by six (6) feet width where abutting residential use; tight screen, effective at all times of the year.
c. Parking. See Subsection H.
d. Development Plan. Development Plan shall be submitted with application.
e. Signs and Lighting. Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
f. Height. As required by appropriate State of Federal agency.
2. Anhydrous Ammonia or Similar Liquefied Fertilizers, Storage and Distribution (Commercial).
a. Fence. Six (6) foot wire mesh fence where accessible to public.
b. Drainage. Drainage shall be controlled so that liquefied fertilizers shall not drain off the premises.
c. Development Plan. Development Plan to be submitted with application.
3. Artificial Lake of three (3) or more acres.
a. Fence. 6 foot wire mesh fence where accessible to public.
b. Development Plan. Development Plan to be submitted with application.
c. State approval, as required by Department of Natural Resources.
4. Assembly Halls and Grounds.
a. Parking. As determined by the Board. The determination shall be based upon the expected number of parking spaces the particular type of use would require to satisfy estimated peak parking load requirements.
b. Noise. Noise shall be confined to the premises.
c. Development Plan. Development Plan to be submitted with application.
d. Signs and Lighting. Outdoor signs and outdoor artificial lighting shall be approved by the Board.
e. Security. Security (whenever necessary) shall be furnished by the applicant.
f. Height. Maximum height of structure - thirty-five (35) feet.
5. Auction Arena or Sales Yard (excluding livestock).
a. Minimum Yards. Front - fifty (50) feet; Side (each) - forty (40) feet; Rear - forty (40) feet.
b. Parking Space. See subsection H.
c. Noise. Noise shall be confined to the premises.
d. Development Plan. Development Plan to be submitted with application.
e. Signs and Lighting. Outdoor signs and outdoor artificial lighting shall be approved by the Board.
f. Height. Maximum height of structure - thirty-five (35) feet.
6. Bottled Gas Storage and Distribution.
a. Development Plan. Development Plan to be submitted with application.
b. Safety. All laws and care shall be observed by the applicant.
7. Building Material Supply Yard.
a. Development Plan. Development Plan to be submitted with application.
b. Solid Screen Planting. Six (6) feet height by six (6) feet width where abutting residential use; tight screen, effective at all times of the year.
c. Parking. See subsection H.
d. Height. Maximum height of structure - thirty-five (35) feet.
8. Bulk Fuel Storage or Petroleum Tank Farm (commercial).
a. Development Plan. Development Plan to be submitted with application.
b. Safety. All laws and care shall be observed by applicant.
9. Cemetery or Crematory.
a. Minimum Area. Ten (10) acres.
b. Minimum Yards. Front - fifty (50) feet; side (each) - forty (40) feet; rear - forty (40) feet.
c. Landscape Plan. Plan of landscape development to be submitted with application. (May be combined with Development Plan.)
d. Solid Screen Planting. Screen planting - Six (6) foot height by six (6) foot width - where abutting residential use, effective at all times of the year.
e. Development Plan. Development Plan to be submitted with application.
f. Signs and lighting. Outdoor signs and outdoor artificial lighting shall be approved by the Board.
g. Parking. See subsection H.
h. Height. Maximum height of structure - thirty-five (35) feet.
10. Charitable Institutions.
a. Development Plan. Development Plan to be submitted with application.
b. Parking. As determined by the Board. The determination shall be based upon the expected number of parking spaces the particular type of use would require to satisfy estimated peak parking load requirements.
11. Clinic.
a. Minimum Lot Area. Fifteen thousand (15,000) square feet.
b. Minimum Yards. Front - standard; side (each) - ten (10) feet; rear - thirty (30) feet.
c. Solid Screen Planting. Solid screen planting - Six (6) foot height by three (3) foot width where abutting residential use, effective at all times of the year.
d. Entrance. Not more than one entrance from street (other than an emergency entrance.)
e. Parking. See subsection H.
12. Commercial Greenhouse.
a. Minimum Lot Area. Twenty-five thousand (25,000) square feet.
b. Parking areas and Loading Berth Minimum Distance from Residential District or Use. Fifty (50) feet.
c. Entrance. Not more than one entrance from each abutting street.
13. Contractor's Storage Yard or Building Material Storage Yard.
a. Screening. Building materials and vehicles shall be screened or located in such a manner so that they will not be visible from the frontal street or adjacent residentially used or zoned property.
b. Parking Areas and Loading Berth Minimum Distance from Residential District or Use. Three hundred (300) feet.
c. Entrance. Not more than one entrance from each abutting street.
d. Development Plan. Development Plan to be submitted with application.
e. Parking. See subsection H.
f. Height. Maximum height of structure - Thirty-five (35) feet.
14. Day Care Center or Child Development Center.
a. Minimum Area.
1. One hundred (100) square feet of play area provided on same lot for the maximum occupancy allowed under Indiana Law.
2. Thirty-five (35) square feet of suitable indoor space per session per child shall be provided also.
b. Open/Recreational Space.
1. Outdoor play area shall be grassed and enclosed by a six (6)-foot high masonry wall or opaque fence. Any entry gate shall be securely fastened.
2. Outdoor play areas shall be adequately separated from vehicular circulation and parking areas.
c. General Safety.
1. No portion of a day care center site may be located within three hundred (300) feet of gasoline pumps or underground gasoline storage tanks, or any other storage area for explosive materials.
2. Garages shall not be used as designated play areas.
d. Parking. See subsection H.
e. General Standards.
1. No noise should be audible beyond the lot lines.
2. Hours of operation may be restricted by the Board of Zoning Appeals.
f. Traffic Safety.
1. Day care centers shall create no unsafe conditions for picking up and dropping off children.
2. Loading and unloading of children from vehicles shall only be permitted on the driveway, approved parking area, or directly in front of the facility.
g. License Required. Applicant must obtain a Day Care Center License from the Indiana Department of Public Welfare.
15. Farm Implement and Supplies (Machinery) Sales and Service Area or Building (new or used machinery).
a. Development Plan. Development Plan to be submitted with application.
b. Bulk Storage. No bulk storage, repair work or dismantling on the lot.
c. Height. Maximum height of structure - thirty-five (35) feet.
d. Special Setback Requirements. Used machinery may be placed temporarily in the rear of the building line in the sales lot, provided that new machinery may be placed temporarily in front of the building line, but no closer than twenty (20) feet to the front lot line.
e. Parking. See subsection H.
16. Golf Course or County Club.
a. Parking. See subsection H.
b. Development Plan. Development Plan to be submitted with application.
c. Signs and Lighting. Outdoor signs and outdoor artificial lighting shall be approved by the Board.
d. Height. Maximum height of structure - thirty-five (35) feet.
17. Golf Driving Range Requirements. Same as above, see subsection H for parking.
18. Grain Elevators and Related Uses.
a. Development Plan. Development Plan to be submitted with application.
b. Noise. Noise shall be confined to the premises.
c. Height. Maximum height of structure - One hundred (100) feet.
19. Health Facility.
a. Minimum Lot Area. Forty thousand (40,000) square feet, but not less than One thousand (1,000) square feet for the maximum allowed under Indiana Law.
b. Minimum Yards. In the B-2 District: Front - eighty (80) feet; Side - forty (40) feet; Rear - forty (40) feet. In other districts: same as requirements for single-family dwelling.
c. Landscape Plan. Plan for landscape development to be submitted with application. (May be combined with Development Plan).
d. Solid Screen Planting. Six (6) foot height by six (6) foot width where abutting residential use; tight screen, effective at all times.
e. Parking spaces. See subsection H.
f. Development Plan. Development Plan to be submitted with application.
g. Height. Maximum height of structure - thirty-five (35) feet.
h. State Approval Required. Facility must be licensed by the Indiana State Board of Health in accordance with I.C. 16-28-1 and all acts amendatory or supplemental thereto.
20. Hospital.
a. Minimum Lot Area. Three (3) acres.
b. Minimum Yards. Front - one hundred (100) feet; Side - thirty (30) feet; Rear - forty (40) feet (abutting residential use).
c. Parking Spaces. See subsection H.
d. Development Plan. Development Plan to be submitted with application.
e. Height. Sixty-five (65) feet.
21. Kennel.
a. Development Plan. Development Plan to be submitted with application.
b. Noise. Noise shall be confined to the premises.
c. Parking. See subsection H.
d. Height. Maximum height of structure - twenty-five (25) feet.
22. Manufacturing, Storage, or use of Explosives.
a. Development Plan. Development Plan to be submitted with application.
b. Special. See I.C. 36-7-4-1103 and all acts amendatory or supplemental thereto.
23. Mining Operation.
a. Development Plan. Development Plan to be submitted with application.
b. Special. See I.C. 36-7-4-1103 and all acts amendatory or supplemental thereto.
24. Outdoor Commercial Recreational Enterprise.
a. Minimum Yards. Front - fifty (50) feet; Side - forty (40) feet; Rear - forty (40) feet.
b. Noise. Noise shall be confined to the premises.
c. Landscape Plan. Landscape Plan to be submitted with application. (May be combined with the Development Plan.)
d. Fence. Six (6) foot wire mesh where accessible to public.
e. Solid Screen Planting. Six (6) foot height by six (6) foot width where abutting residential use - tight screen, effective at all times.
f. Parking Spaces. See subsection H.
g. Development Plan. Development Plan to be submitted with application.
h. Signs and Lighting. Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
i. Height. Maximum height of structure - sixty (60) feet.
25. Outdoor Theater.
a. Minimum Yards. Front - one hundred (100) feet; Side - seventy-five (75) feet; Rear - forty (40) feet; abutting residential uses.
b. Fence. Four (4) foot wire mesh (abutting residential uses.)
c. Development Plan. Development Plan to be submitted with application.
d. Signs and Lighting. Outdoor signs and outdoor artificial lighting shall be approved by the Board.
e. Height. Maximum height of structure - sixty-five (65) feet.
f. Parking. See subsection H.
g. Noise. Noise shall be confined to the premises.
26. Penal or Correctional Institutions.
a. Minimum Lot Area. Forty (40) acres.
b. Minimum Yards. Front - 100 feet; Side - 75 feet; Rear - 40 feet; abutting residential use.
c. Fence. Eight (8) foot wire mesh fence covered and maintained with thick ivy growth around the entire perimeter of the property.
d. Parking Spaces. See subsection H.
e. Development Plan. Development Plan to be submitted with application.
f. Height. Maximum height of structure - 65 feet.
27. Produce Stands, Seasonal.
a. Development Plan. Development Plan to be submitted with application.
b. Signs and Lighting. Outdoor advertising sign and outdoor artificial lighting shall be approved by the Board.
c. Parking. See subsection H.
28. Produce Stands, Year Round.
a. Development Plan. Development Plan to be submitted with application.
b. Signs and Lighting. Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
c. Parking. See subsection H.
29. Public or Employee Parking Area.
a. Minimum Lot Area. One thousand five hundred (1500) square feet.
b. Development Plan. Development Plan to be submitted with application.
c. Signs and Lighting. Outdoor signs and outdoor artificial lighting shall be approved by the Board.
d. Bulk Storage. No sales, bulk storage, repair work, or dismantling permitted on the lot.
e. See Section 1.05 (H) for specific requirements.
30. Private Recreational Development.
a. Minimum Yards. Front - 50 feet (80 feet in B-2); Side - forty (40) feet; Rear - forty (40) feet.
b. Landscape Plan. Plan of Landscape Development to be submitted with application. (May be combined with Development Plan).
c. Solid Screen Planting. Six (6) foot height by six (6) foot width when abutting residential use; tight screen, effective at all times.
d. Parking spaces. As determined by the Board. The determination shall be based upon the expected number of parking spaces the particular type of use would require to satisfy estimated peak parking load requirements.
e. Development Plan. Development Plan to be submitted with application.
f. Signs and lighting. Outdoor signs and outdoor artificial lighting shall be approved by the Board.
g. Height. Maximum height of structure - twenty-five (25) feet.
h. Noise. Noise shall be confined to the premises.
31. Public Park or Recreational Facilities.
a. Landscape Plan. Plan of landscape development to be submitted with application. (May be combined with Development Plan.)
b. Development Plan. Development Plan to be submitted with application.
c. Signs and Lighting. Outdoor signs and outdoor artificial lighting shall be approved by the Board.
32. Race Track.
a. Development Plan. Development Plan to be submitted with application.
b. Parking. One parking space for each three (3) seats in grandstand.
c. Fence. Six (6)-foot wire mesh fence where accessible to public.
d. Height. Minimum height of structure - forty-five (45) feet.
33. Raising and Breeding of Non-Farm Fowl and Animals (commercial) (except Kennel).
a. Development Plan. Development Plan required.
b. Minimum Lot Area. Twenty-five thousand (25,000) square feet.
c. Minimum Yards. Front - fifty (50) feet; Side - forty (40) feet; Rear - forty (40) feet.
d. Height. Maximum height of structure - twenty-five (25) feet.
34. Recreation Vehicle Park.
a. Development Plan. Development Plan to be submitted with application.
b. Area. A recreational vehicle park shall have an area of not less than five (5) acres.
c. Density. Each recreational vehicle park lot shall contain a minimum of one thousand eight hundred (1,800) square feet in area and shall be at least thirty (30) feet in width.
d. Separation. Recreational vehicles shall be separated from each other and from all other buildings and structures by at least ten (10) feet. An accessory structure, such as an awning, cabana, storage cabinet and porch, shall be considered to be a portion of the recreational vehicle.
e. Parking. One automobile parking space shall be provided for each recreational vehicle. No parking shall be permitted in the front yard of the park tract of land.
f. Accessory Uses. Management offices and storage, playground and picnic equipment, sanitation and laundry facilities, information signs and other structures customarily incidental to a recreational vehicle park shall be permitted as accessory uses.
g. Term of stay in park and limitation of use. Except as otherwise provided herein, each recreational vehicle shall not be used for habitation in the same recreational vehicle park for longer than 180 days in any one calendar year and shall not be used as a permanent residence.
h. Access. Recreational vehicle parks shall have direct access to an arterial or major thoroughfare with sufficient frontage thereon for the proper construction of entrances and exits. Such entrances and exits shall be designed for the safe movement of recreational vehicles into and out of the park. Only one principal entrance from a major thoroughfare may be provided.
i. Condominium Parks Permitted. The sale of individual lots to individual lot owners (condominium recreational vehicle park) shall be allowed in a recreational vehicle park. Accordingly, an affirmative statement as to whether or not the sale of individual lots to individual lot owners (condominium recreational vehicle park) shall be allowed and shall be included in the application. If the sale of individual lots to individual lot owners (condominium recreational vehicle park) shall be allowed, then the development plan shall additionally include the number of individual lots to be sold, and the rights and responsibilities of the individual lot owners and the park developers in the park and its management. If the sale of individual lots to individual lot owners (condominium recreational vehicle park) shall be allowed, then a plat of the recreational vehicle park shall accompany the development plan. (Condominiums regulated by I.C. 32-25-1 et seq. may not be regulated by Chapter 91: Subdivision Control Plan.)
j. Soil and Water. The condition of the soil and ground water level of the proposed park site shall meet the criteria promulgated by the United States Department of Agriculture Soil Conversation Service.
k. Smoke, Noise and Odor. The proposed site shall not be exposed to objectionable smoke, noise odors or other adverse influences.
l. Solid Screening. A dense planting screen not less than 6 feet high after five full growing seasons and which at maturity is not less than 12 feet high and 6 feet wide shall be located and effectively maintained at all times along all boundary lines except at established entrances and exits serving the park. A basket weave or similar type of fence or brick or stone wall may be permitted by the Board instead of a planting screen. The Board may waive any part of these screening requirements temporarily or permanently if adequate screening already exists or if the topography or other conditions so warrant.
m. Side, Rear and Front Yards. The tract of land for the proposed park shall have two side yards, each having a minimum of 30 feet in width, a rear yard having a minimum of 30 feet in depth and a front yard having a minimum of 60 feet in depth.
n. Illumination. Parks shall be furnished with lighting units so spaced and equipped with luminaries at such mounting heights that all parts of the interior driveway system will have an average level of illumination of 0.3 foot candles and that potentially hazardous locations, such as major driveway intersections, steps, and stepped ramps, will have an average level of illumination of 0.6 foot candles. All exterior park lights shall be so located and shielded as to prevent direct illumination of any areas outside the park.
o. Barbecue Pits, Fireplaces, Stoves and incinerators. Cooking shelters, barbecue pits, fireplaces, wood-burning stoves and incinerators shall be so located, constructed, maintained and used as to minimize fire hazards and smoke nuisance, both on the property on which used and on neighboring property. No open fire shall be permitted except in facilities provided. No open fire shall be left unattended. No fuel shall be used and no material burned which emits dense smoke or objectionable odors.
p. Refuse Handling. The storage, collection and disposal of refuse in the park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution. All refuse shall be stored in flytight, watertight, rodent-proof containers, which shall be located not more than 150 feet from any mobile home lot. Containers shall be provided in sufficient number and capacity to properly store all refuse. Refuse collection stands shall be provided for all refuse containers. Such container stands shall be so designed as to prevent containers from being tipped, minimize spillage and container deterioration, and facilitate cleaning around them. All refuse containing garbage shall be collected at least once weekly. Where suitable collection service is not available from municipal or private agencies, the recreational vehicle park operator shall provide this service. All refuse shall be collected and transported in covered vehicles or covered containers. Where municipal or private disposal service is not available, the park operator shall dispose of the refuse by incineration or transporting to a disposal site approved by the Health Officer. Refuse incinerators, if provided, shall be constructed in accordance with engineering plans and specifications which shall be reviewed and approved by the Health Officer or other authority having jurisdiction. Incinerators shall be operated only when attended by some person specifically authorized by the owner or operator of the park.
q. Electrical Distribution System. Every park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and maintained in accordance with applicable codes and regulations governing such systems. Main power line shall be located underground. All direct burial conductors or cable shall be insulated and specifically designed for the purpose. Such conductors shall be located not less than one foot radial distance from water, sewer, gas or communication lines. Each mobile home lot shall be provided with an approved disconnecting device and over-current protective equipment. The minimum service per outlet shall be 120/240 volt AC, 100 amperes. Outlets (receptacles or pressure connectors) shall be located not more than 25 feet from the over-current protective device in the mobile home. A three-pole, four-wire grounding type shall be used. Receptacles, if provided, shall be in accordance with American Standard Outlet Receptacle C-73.1., as amended. Connectors, if not substituted by more than one receptacle, shall be provided where the calculated load of the recreational vehicle is more than 100 amperes. The recreational vehicle shall be connected to the outlet box by an approved type of flexible cord with a male attachment plug or with pressure connectors. All exposed non-current carrying metal parts of vehicles and all other equipment shall be grounded by means of an approved grounding conductor or other approved method of grounded metallic wiring. The neutral conductor shall not be used as an equipment ground for recreational vehicles or other equipment.
r. Insect and Rodent Control. Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the Health Officer. Parks shall be maintained free of accumulations of debris, which may provide rodent harborage or breeding places for flies, mosquitoes and other pests. Storage areas shall be so maintained as to prevent rodent harborage. Lumber, pipe, and other building materials shall be stored at least one foot above the ground. Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials. The growth of brush, weeds and grass shall be controlled to prevent harborage of ticks, chiggers, and other noxious insects. Parks shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac and other noxious weeds considered detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description.
s. Water and Sewage. The water supply and sewage disposal shall meet the minimum requirements of the Indiana Department of Environmental Management.
t. Waste Disposal. Disposal of wastes shall meet the approval of the State Department of Environmental Management and the Town of New Palestine Municipal Sewage Works.
u. State Requirements. All State requirements shall be observed.
35. Riding Stable.
a. Minimum Lot Area. Two (2) acres, plus 5,000 square feet per horse over four (4) horses.
b. Minimum Yards. Front, each side and rear yards, 50 feet each, provided the stable shall not be closer than 100 feet to an existing residential use or Residence District.
c. Solid Screen Planting. Six (6) feet height by six (6) feet width where abutting residential use; tight screen, effective at all times of the year.
d. Parking. One per two employees, plus one per two horses.
e. Signs and Lighting. Outdoor signs and outdoor artificial lighting shall be approved by the Board.
f. Waste Disposal. Disposal of wastes shall meet the approval of the State Department of Environmental Management and the Town of New Palestine Municipal Sewage Works.
g. Development Plan. Development Plan shall be submitted with application.
h. Height. Maximum height of structure - thirty-five (35) feet.
36. Slaughter House.
a. Development Plan. Development Plan to be submitted with application.
b. Adequate Disposal Methods. Dead animals and offal shall be disposed of in a manner satisfactory to the Board.
c. Parking. One per two employees, plus four additional spaces.
d. Height. Maximum height of structure - thirty-five (35) feet.
e. Noise. Noise shall be confined to the premises.
f. Odor. Odor shall be confined to the premises.
37. Stadium, Coliseum, Athletic Field.
a. Minimum Lot Area. Five (5) acres.
b. Minimum Yards. Front - Standard; Each side - fifty (50) feet; Rear - fifty (50) feet.
c. Minimum Distance of parking area from resident district or use - twenty-five (25) feet.
d. Solid Screen Planting. Six (6) feet height by six (6) feet width where abutting residential use; tight screen, effective at all times of the year.
e. Entrances. Not more than two ( 2) from street.
f. Parking. One space for each three (3) seats in the grandstand, plus three (3) per four (4) employees.
g. Development Plan. Development Plan to be submitted with application.
h. Height. Maximum height of structure - forty-five (45) feet.
i. Noise. Noise shall be confined to the premises.
38. Transmission Lines for Gas, Oil, Electricity or Other Utilities.
a. Development Plan. Development Plan to be submitted with application.
39. Transmission Towers (Radio, TV, and the like).
a. Development Plan. Development Plan to be submitted with application.
b. Signs and Lighting. Outdoor signs and outdoor artificial lighting shall be approved by the Board.
c. Height. As required by the appropriate State or Federal agency.
40. Veterinary Hospital for Small Animals.
a. Parking. See Subsection H.
b. Development Plan. Development Plan to be submitted with application.
c. Height. Maximum height of structure - thirty-five (35) feet.
41. Wholesale Produce Terminal or Truck Terminal.
a. Minimum Lot Area. Three (3) acres.
b. Minimum Yards. Front - fifty (50) feet; Side - forty (40) feet; Rear -forty (40) feet in B-3 and in B-4 where abutting Residence.
c. Solid Screen Planting. Six (6) foot height by six (6) foot width where abutting residential use; tight screen, effective at all times.
d. Parking Spaces. See Subsection H.
e. Development Plan. Development Plan to be submitted with application.
f. Signs and Lighting. Outdoor signs and outdoor artificial lighting shall be approved by the Board.
g. Height. Maximum height of structure - forty-five (45) feet.
h. Noise. Noise shall be confined to the premises.
i. Thoroughfares. Thoroughfares must be adequate.
42. Bed and Breakfast.
a. A bed and breakfast shall be occupied as the primary residence of the property owner.
b. No exterior alteration to the structure shall be made which would change the residential appearance of the building.
c. The minimum total floor area of the residential structure needed to establish a bed and breakfast use shall be 1,500 square feet. Each bed and breakfast unit in excess of 1 shall require an additional 500 square feet of total floor area.
d. 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.
e. Parking regulations are set forth in division 1.04(H) of this appendix. Where the bed and breakfast is located in a residential zone, parking shall be located behind the bed and breakfast and shall be screened from any public street according to the provisions of Chapter 93, Design Standards Manual.
43. Filling Stations and/or Car Washes.
a. Those uses considered to be filling stations shall meet the definition provided in Section 10 of this appendix. In addition to the uses permitted by the definition, filling stations may include the following services, provided they are accessory to the principal use of the sale of gasoline and other petroleum products.
1. Sale and servicing of spark plugs, batteries, and distributors and distributor parts;
2. Tire servicing and repair, but not recapping or regrooving;
3. Replacement of mufflers and tailpipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors, and the like;
4. Radiator cleaning and flushing;
5. Washing and polishing, and sale of automotive washing and polishing materials;
6. Greasing and lubrication;
7. Providing and repairing fuel pumps, oil pumps, and lines;
8. Minor servicing and repair of carburetors;
9. Emergency wiring repairs;
10. Adjusting and repairing brakes;
11. Minor motor adjustments not involving removal of the head or crankcase or racing the motor;
12. Sales of cold drinks, packaged foods, ice, tobacco, and similar convenience goods for service station customers, as accessory and incidental to principal operation;
13. Rental of hauling vehicles for the moving of household goods, but not including the sale or rental of automobiles, mobile homes or recreational vehicles, as accessory and incidental to principal operation;
14. Provision of road maps and other informational materials to customers;
15. Provision of restroom facilities;
16. The minimum lot area for filling stations and/or car washes shall be 3/4 acre;
17. No sales, dead storage, repair work, or dismantling shall take place on the lot. All such activities shall be conducted indoors;
18. The minimum distance between ramps or driveways shall not be less than 30 feet;
19. The minimum distance from a ramp or driveway to a road intersection shall be 50 feet.
44. Open Air Business.
a. Any establishment where the principal use is the drive-through type of business, or is generally characterized by open air business operations, shall be subject to the following standards:
1. The business uses shall be screened according to the provisions of Design Standards Manual.
2. The business uses shall be limited to the characteristics customarily associated with such use and no other.
b. All drive-through establishments shall be subject to site plan review and approval by the Zoning Administrator prior to the insurance of any building permits. At a minimum this review shall include off-site and on-site circulation related to the use, including turning movement and compatibility with pedestrian circulation.
45. Shopping Center.
a. The conduct of permitted uses herein shall be within completely enclosed buildings, except for accessory off-street parking and loading facilities and drive-in convenience service windows.
b. Establishments where the principal use is the drive-through type of business are not permitted.
c. All goods produced on the premises an incidental or essential to the principal use shall be sold on the premises where produced.
d. Outside storage, vending machines and display of merchandise for sale to the public is not permitted.
e. 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, in order to create a greenbelt, and the greenbelt shall be maintained as lawn together with appropriate landscape development and screen planting hereinafter specified.
f. A planting screen shall be required according to the provisions of the Design Standards Manual, between the street(s) and parking areas and service areas.
g. Permitted uses.
1. Business service uses, including banks and financial institutions.
2. Clothing service uses, including dry cleaning and laundry receiving stations, landromats, alteration shops, tailoring and shoe repair shops.
3. Equipment services uses, including electrical and household appliance stores, radio, television and record sales and repairs, sporting goods and hardware stores.
4. Food service uses, including grocery, meat, and fish markets, delicatessen, eating places and bakery.
5. Personal service uses, including beauty and barbershops, camera and photographic shops, and optician shops.
6. Professional office uses, including medical and dental clinics.
7. Retail service uses.
8. Special service uses, including children’s homes, day nurseries, kindergartens, nursing homes, and neighborhood social centers.
9. Accessory uses, which are incidental to, maintained on the same lot and commonly associated with the operation of a permitted use.
10. Other similar uses, subject to the required development plan review.
h. Additional requirements for shopping centers.
1. Minimum development size: 3 acres.
2. Minimum frontage: 200 feet.
3. Maximum height: 40 feet.
4. Intensity: the total floor area of the building or buildings shall not exceed 60% of the lot area.
5. Signs within a shopping center development shall conform to the regulations set forth in Section 1.05(I) of this appendix.
6. Market analysis.
a. To determine the number, size and type of stores which could be expected to operate with a reasonable margin of profit in the proposed center.
b. To advise the location of the proposed center (where the applicant proposes to locate it) so as to serve an existing and potential customer.
7. Financial report. To include a statement of financial responsibility which demonstrates the ability of the developer of the center to proceed with and complete construction and development.
8. Traffic study.
a. To include a comparative analysis of present capacity of street(s) adjacent to the proposed center with potential capacity volumes, taking into consideration the effect the proposed center will have upon engendering additional traffic.
b. To include a circulation plan for all streets (existing and proposed) which shows recommendations for controlling, signaling, channeling, storing, and warning traffic.
9. Development plan. To include the following requirements.
a. A plan of landscape development which shall include, among other things, an area of at least 10 feet in width along all streets, with the exception of approved entrances, which border the proposed shopping center, to be planted and maintained with trees and shrubbery to serve as a solid screen for the parking area.
b. A solid planting screen, consisting of suitable shrubbery, maintained at a 6 foot height by 6 width, to be planted wherever the proposed center would abut residential use.
46. Storage.
a. Storage in required yards.
1. Storage of materials which is incidental to a primary use in a non-residential district shall be permitted, provided that the storage is located within an enclosed structure.
2. No portion of any required yard shall be used for the permanent storage of motor vehicles, trailers, airplanes, boats, or parts thereof, rubbish, garbage, junk, tent or building materials, except during construction and in accordance with the terms of this Code.
3. Permanent storage for purpose of this division shall be construed as the presence of the storage for a period of 48 or more consecutive hours in any 1 week period.
b. Bulk storage.
1. In any district in which bulk storage is permitted, structures, buildings or above ground tanks used for bulk storage of flammable or explosive liquids, gases or other materials shall not be located closer than 50 feet to the property line.
2. The entire premises where the bulk storage is located shall be enclosed within a fence, or equivalent, of not less than 6 feet high.
3. Lots containing bulk storage shall be screened according to the provisions of the Design Standards Manual.
4. Additional information regarding evidence of safety measures may be required in order to determine the public safety therein.
c. Open storage. In the event that accesssory storage is in the open, the following provisions must be met:
1. The storage shall be accessory to the use of the main building on the lot.
2. The storage shall not cover more than 5% of the lot area or an area in excess of twice the ground floor area of the main building on the lot, whichever is less.
47. Wireless Communication Facilities.
In compliance with Ordinance 101983, as adopted on October 19, 1983.
(Am. Ord. 111605, passed 12-21-2005; Am. Ord. 112112, passed 12-19-2012; Am. Ord. 121714, passed 12-17-2014; Am. Ord. 022416A, passed 2-24-2016; Am. Res. 2021-042121, passed 4-21-2021)