(A) The zone map in appendix B of this chapter, which is hereby declared to be a part of this chapter, shows the boundaries of, and the area covered by the districts. Notation, reference, indications and other matters shown on the zone map are as much a part of this chapter as if they were fully described herein.
(B) Districts are hereby established as follows and as shown on the zone map and as follows:
Abbreviation
|
District
|
Abbreviation
|
District
|
FP | Floodplain District |
AG | Agricultural District |
S-1 | Suburban Residence District |
R-1 | Single-Family Residence District |
R-2 | Single-Family and Two-Family Residence District |
R-3 | Multi-Family Residence District |
C-1 | Local Business District |
C-2 | General Business District |
C-3 | Shopping Center District |
C-4 | Roadside Business District |
I-1 | Industrial District |
PUD | Planned Unit Development District |
(Am. Ord. 8-86, passed 7-14-1986)
(1) FP-Floodplain District.
(a) Purpose. The purpose of this district is to regulate development in flood prone areas. The new construction of buildings and other new development or land uses in the flood hazard areas of Washington, if not properly regulated to account for the potential hazard, could result in the loss of life and property, create health and safety hazards, and lead to extraordinary expenditures for flood protection and relief. Development of these areas is not essential to the orderly growth of the community. These lands are suitable for open space and other uses that do not require structures or fill. The identification of the floodplain, which includes the floodway and flood fringe, has been made by the Federal Flood Insurance Administration of the Federal Emergency Management Agency. The Indiana Department of Natural Resources shall exercise primary jurisdiction in the floodway under the provisions of I.C. 36-9; however, the Plan Commission or Board of Zoning Appeals may impose terms and conditions on any permits they issue which are more restrictive than those imposed by the Indiana Department of Natural Resources.
(b) Permitted uses (See Table 1). The uses shown in Table 1 shall be permitted provided they do not require the extensive use of structures or storage of materials or equipment; however, in no event shall the use of fill from either within or without the floodplain district be allowed without the specific permission from and authority of the Department of Natural Resources.
(c) Prohibited uses. The following uses are specifically prohibited in the floodplain, except where allowed by special exception:
1. The storage or disposal of any soil, loam, peat, sand, gravel, rock or other mineral substance, refuse, trash, rubbish, debris or dredged soil, except by special exception;
2. The drainage, excavation or dredging, or removal or relocation of loam, peat, sand, gravel, soil, rock or other mineral substance, except as necessary to work, or permitted as of right or by special exception;
3. The storage or disposal of materials used for snow and ice control including sand, salt and other deicing chemicals;
4. The manufacture, storage or disposal of hazardous wastes;
5. Solid waste landfills, junk yards, salvage yards and dumps; and
6. Septic tanks and fields.
(d) Non-conforming uses. Any building, structure or use of land in the floodplain district which is not in conformance with this chapter constitutes a non-conforming use. All applications to repair, extend or enlarge a non-conforming use shall be forwarded to the Indiana Department of Natural Resources and shall be incorporated into the issuance of any local permit.
(e) Issuance of improvement location permit.
1. The Plan Commission shall keep and maintain all records, including all first floor elevations, certificates, plans, and other materials associated with any permit or variance issued within the floodplain.
2. The Plan Commission shall not issue an improvement location permit within the floodplain until the applicant submits evidence that:
a. A proper permit or letter or recommendation for it has been granted by the Indiana Department of Natural Resources;
b. All buildings or additions to existing buildings shall have flood protection grades at least 2 feet above the regulatory flood;
c. No use shall increase the base flood level of a regulatory flood; and
d. A commercial or industrial well will not adversely effect any municipal water supply source.
3. The Plan Commission shall not issue an improvement location permit for a mobile home in a floodplain.
4. All applications for improvement location permits involving new construction or substantial improvement to existing buildings shall be accompanied by an elevation certificate which needs to be completed by the applicant and have the lowest floor elevation certified by a licensed professional engineer or land surveyor. The elevation certificate should be presented to the Plan Director at the time the owner is applying for a certificate of occupancy.
(f) General disclaimer in areas of potential flooding. In the floodplain, floodway and flood fringe areas defined in this chapter, the degree of flood protection established is considered reasonable for regulatory purposes and is based on engineering and scientific considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by constructed or natural causes such as ice or debris jams. This chapter does not imply that areas outside flood hazard areas as defined in this chapter shall be free of flooding or flood damage. This chapter does not create any liability on the part of the city, the Plan Commission, Indiana Department of Natural Resources, the state, or any elected or appointed official or employee of them for any flood damages that result from any reliance on this chapter or any administrative decision lawfully made under it.
(g) Mapping disputes. In a case where a property owner disputes the boundaries of a zoning district, flood protection grade data or regulatory flood profile data, the owner shall file a written protest with the Plan Director. The written protest shall document the disputed area, and be prepared and attested to by a registered professional engineer. The protest then will be submitted by the Plan Director to the Plan Commission. The item of dispute will be brought to the attention of the Indiana Department of Natural Resources, and in no case will data be revised without the written approval of the Indiana Department of Natural Resources.
(h) Basis for establishing a floodplain district. The Floodplain District is defined as that area shown as the Regulatory Flood or identified as the Special Flood Hazard Area (SFHA) on the Flood Hazard Boundary Map of Daviess County prepared by the Federal Emergency Management Agency (FEMA) and dated May 5, 1978, Community #180433, Panel 0003A.
(i) Abrogation and greater restrictions. This chapter repeals and replaces other ordinances adopted by the city to fulfill the requirements of the National Flood Insurance Program within the jurisdiction of this chapter. However, this chapter does not repeal the original resolution or ordinance adopted to achieve eligibility in the Program. Nor does this chapter repeal, abrogate or impair any existing easements, covenants or deed restrictions. Where this chapter and other ordinance easements, covenants or deed restrictions conflict or overlap, whichever imposes the more restrictive restrictions shall take precedence. In addition, the city shall assure that all National Flood Insurance regulations (contained in Title C.F.R. § 60.3) and State Floodplain Management regulations and laws (329 I.A.C. 10-25and I.C. 14-28) are met.
(2) AG-Agriculture District:
(a) Purpose. This district is established to permit the full range of agricultural activities as well as certain planned large lot residential development with development standards, which protect the full range of agricultural uses as determined by the Plan Commission, and other uses customarily conducted in agricultural areas.
(b) Permitted uses (See Table 1).
(c) Permitted accessory uses and structures.
1. Accessory buildings as related to agriculture or single-family residential use.
2. Home occupation.
(d) Restricted uses. Confined feeding operations and kennels allowed by conditional uses only.
(e) Development standards (See Table 2).
1. Any portion of a pond or pond dam shall be setback 15 feet from any property line;
2. No abandoned, junked, inoperable or derelict vehicles, machinery, farm machinery, equipment or miscellaneous scrap or building debris may be stored in front yards;
3. Minimum lot size shall be 1.5 net buildable acres for individual lots; and
4. Lots less than 1.5 net buildable acres may be permitted in an approved subdivision under the Washington Subdivision Control Ordinance, if the lots are equal to or greater than:
a. One net buildable acre, and are served by a public water system; or
b. 20,000 square feet, and are served by a public sanitary sewer system and public water system.
(3) S-1 Suburban Residence District.
(a) Purpose. The purpose of this district is to provide areas of very low density, suburban residential development with particular emphasis on promoting residential subdivision development.
(b) Permitted uses (See Table 1).
(c) Development standards (See Table 2).
1. Minimum lot size shall be 1.5 net buildable acres for individual lots.
2. Lots less than 1.5 net buildable acres may be permitted in an approved subdivision under the Washington Subdivision Control Ordinance, if the lots are equal to or greater than:
a. One net buildable acre, and are served by a public water system; and
b. Two hundred thousand square feet, and are served by a public sanitary sewer system and public water system.
(4) R-1 Single-Family Residence District.
(a) Purpose. The purpose of this district is to provide areas of single-family residential development within platted subdivisions.
(b) Permitted uses (See Table 1).
(c) Development standards (See Table 2).
(5) R-2 Single-Family and Two-Family Residence District.
(a) Purpose. The purpose of this district is to provide areas of moderate density, urban residential development.
(b) Permitted uses (See Table 1).
(c) Development standards (See Table 2).
(6) R-3 Multi-Family Residence District.
(a) Purpose. The purpose of this district is to provide areas of moderate to high density urban residential development.
(b) Permitted uses (See Table 1).
(c) Development standards (See Table 2).
(7) C-1 Local Business District.
(a) Purpose.
1. The purpose of this district is to provide areas for commercial development that are located close to residential districts and are developed in a manner that reflects the residential character of the area.
2. Businesses located in this district tend to serve the day-to-day needs of the neighborhoods in which they are located.
(b) Permitted uses (See Table 1).
(c) Development standards (See Table 2).
(8) C-2 General Business District.
(a) Purpose.
1. The purpose of this district is to provide areas for commercial uses that require locations on or near major collector and arterial streets and their intersections.
2. Commercial uses in this district serve the day-to-day needs of the neighborhood and supply the more permanent and durable needs of the entire community.
(b) Permitted uses (See Table 1).
(c) Development standards (See Table 2).
(9) C-3 Shopping Center District.
(a) Purpose. The purpose of this district is to provide commercial uses as defined in Table 1, subject to the Plan Commission approval of site specific requirements for large-lot planned development.
(b) Permitted uses (See Table 1).
(c) Development standards (See Table 2).
(d) Restricted Uses. The uses specified in Table 1 are permitted in the C-3 Shopping Center District subject to compliance with the following requirements and procedures:
1. The tract of land involved shall be of an area of not less than 5 acres and lie wholly or partly within 1,400 feet of a point represented by a C-3 District symbol on the zone map.
2. The owner or owners of the tract shall have:
a. Prepared a plat for a subdivision of the entire tract;
b. Prepared a development plan for the entire tract; and
c. Obtained Commission approval of both the plat for the subdivision and the development plan according to the requirements of Chapter 155, subdivision control regulations and this zoning code.
(Am. Ord. 8-86, passed 7-14-1986)
3. In determining its approval or disapproval of a proposed development plan, the Commission shall be governed by the following:
a. The area to be occupied by buildings shall be 25% or less of the net area of the tract;
b. The location of the shopping center shall be on property which has an acceptable relationship to major thoroughfares. The Commission shall satisfy itself as to the adequacy of the thoroughfares to carry the additional traffic engendered by the development;
c. The plan for the proposed shopping center must present a unified and organized arrangement of buildings and service facilities which shall have a functional relationship to the properties immediately adjacent to the proposed development;
d. The location, size and use of all buildings and structures; the nature and intensity of the operation involved in or conducted in connection with the center; its site layout, including the location, size arrangement and capacity of all areas to be used for vehicular access, parking, loading and unloading; and its relation to streets giving access to it so that vehicular traffic to and from the center will not create undue hazards to the normal traffic of the vicinity;
e. The location, size and arrangement of areas to be devoted to planting lawns, trees, or other purposes so that the center will be harmonious to the neighborhood in which it is situated.
(Am. Ord. 8-86, passed 7-14-1986)
(10) C-4 Roadside Business District.
(a) Purpose. The purpose of this district is to provide areas for general retail or service business uses as defined in the C-2 General Business District that normally require drive-through facilities related to major collector or arterial streets.
(b) Permitted uses (See Table 1).
(c) Development standards (See Table 2).
(11) Industrial District.
(a) Purpose. Uses located in this district encompass light and heavy industrial activities. Both light industrial and heavy industrial uses must meet the development standards in this section.
1. Light industrial uses ordinarily contain light machinery and are entirely enclosed within substantially constructed buildings. Light industrial uses do not utilize the areas outside the enclosed building for storage of materials or manufactured products or for any other industrial purpose other than loading and unloading operations.
(b) Permitted uses (See Table 1).
(c) Development standards (See Table 2).
1. Industrial use standards.
a. Heavy industrial use includes manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character; require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation; and normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution and water pollution, but not beyond the district boundary. Waste is limited to wastes other than those classified as hazardous or toxic by the United States Environmental Protection Agency.
b. Light industrial use includes manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet and free of objectionable or hazardous elements such as smoke, noise, odor or dust; operating and storing within enclosed structures; and generating little industrial traffic and no nuisances. Waste disposal is limited to wastes other than those classified as hazardous or toxic by the United States Environmental Protection Agency.
1. Smoke. No smoke is emitted of a density greater than No. 1 according to the Ringlemann's Scale, except that smoke of a density not in excess of No. 2 of Ringlemann's Scale shall be permitted for a period not in excess of 6 minutes in any hour.
2. Fly Ash. No particles from any flue or smokestack shall exceed 0.2 grains per cubic foot of flue gas at a stack temperature of 500°F.
3. Dust. No dust of any kind produced by the industrial operations shall be permitted to escape beyond the confines of the building in which it is produced.
4. Odor. No noxious odor of any kind shall be permitted to extend beyond the lot lines.
5. Gases and fumes. No gases or fumes toxic to persons or injurious to property shall be permitted to escape beyond the building in which they occur.
6. Glare. No glare shall be seen form any street or any residential area.
7. Vibration. No intense earth shaking vibration shall be created or maintained by any industry beyond the boundary lines of the tract on which it is located.
8. Noise and sound. A maximum of 70 decibels at the property line is permitted. Noise is required to be muffled so as not to become objectionable due to intermittence, beat frequency or shrillness. Sound may equal, but not exceed street traffic noise in the vicinity during a normal day shift work period.
2. Industrial parks require conditional use approval and may include all permitted light industrial uses:
a. The tract of land involved shall be of an area of not less than 20 acres.
b. The owner or owners of the tract of land shall have:
i. Prepared a plat for a subdivision of the entire tract;
ii. Prepared a development plan for the entire tract; and
iii. Obtained Commission approval of both the plat for the subdivision and the development plan according to the requirements of the subdivision control regulation in Chapter 154 and this zoning code.
c. There shall be 1 principal entrance to the industrial park from any major thoroughfare (frontal highway) bordering the tract, which shall be designed so that traffic at its intersection with the frontal highway may be controlled and so that there will be adequate storage space for traffic destined to enter the frontal highway or to leave the industrial park.
d. There shall be no direct entrance or exits from parking areas or structures into the frontal highway (or highways), but a service drive parallel to the main trafficway may be provided for access. Traffic on the service drive shall enter the main trafficway via the principal entry.
e. Wherever the industrial park and adjacent residential districts have a common or joint boundary, an area with a width of at least 25 feet shall be provided for the full length of the boundary for a planting screen, planted with shrubs and trees so as to provide a tight screen effective at all seasons of the year.
f. The owner or owners shall provide a plan for the installation of adequate facilities for the disposal of human and industrial wastes meeting the approval of the State Department of Health.
g. The owner or owners shall establish in the restrictions which are a part of the plat for the subdivision a perpetuating organization for the maintenance of the industrial park property, such as roads and planting areas, the approval of building plans and other improvements and the future maintenance of the park.
h. The development plan shall indicate the arrangement of the interior roads to provide a unified, self-contained arrangement of industrial sites. The basic concept of the interior road plan shall be subject to the approval of the Commission and any modification or alterations in the basic plan shall likewise be subject to approval.
i. The development plan shall show building lines established so that no building or structure shall be erected on any tract within the park nearer to the center of any interior road than 85 feet, nor nearer than 100 feet to the property line of any bordering highway, and no building shall be erected closer to the side line of a tract than 35 feet, and not closer to an adjoining residential district than 75 feet.
j. No loading docks may be erected or used fronting on a bordering highway. Provisions for loading or unloading operations and any handling of freight or materials outside of buildings shall be located so as not to face on bordering highways.
k. No part of a parking area for passenger vehicles shall be closer than 25 feet, and no part of a loading or unloading area or parking area for trucks shall be closer than 200 feet to an adjoining residential district. All parking, loading and unloading areas shall be paved with a suitable dust-preventative surface.
l. The areas in front and on the sides of buildings shall be developed in accordance with a well designed plan, and the areas shall be perpetually maintained to the satisfaction of the park organization.
(Am. Ord. 8-86, passed 7-14-1986)
(12) PUD-Planned Unit Development District.
(a) Purpose.
1. The purpose of the Planned Unit Development (PUD) district is to provide for alternative land developments where a variety of residential, commercial or industrial uses are planned and developed as a whole.
2. PUD's allow for more flexible lot size and setback standards.
3. A PUD shall conform to the following:
a. The number of dwelling units erected shall not exceed the number approved by the Plan Commission unless a density increase is approved by the Plan Commission;
b. Only land uses that are approved on the master plan may be permitted within a PUD;
c. Each PUD shall have common open space. Common open space may include street right-of-ways, driveways and parking lots which directly serve recreational areas. At least 10% of the gross land area in a PUD shall be allocated for parks, open space and recreational purposes;
d. All utilities, including communication and electric systems, shall be placed underground within the limits of the development, or effectively screened. What constitutes effective screening shall be determined by the Plan Commission;
e. The development plan shall include a common water supply and distribution system which shall meet the approval of the Plan Commission and the Local Health Official;
f. The development plan shall include a sanitary sewer system connected to a public sewer system, if available within a reasonable distance from the project, or it shall provide for a central collection and treatment system in accordance with the requirements of both the Plan Commission and the County Health Department; and
g. The plan of the project shall provide for the integrated and harmonious design of buildings in the commercial and industrial areas and the parcels shall be developed in park-like surroundings. The parcels shall be landscaped, and woodlands used to screen lighting, parking areas and loading areas from adjacent residential areas.
(b) Procedure for approval of A PUD. Generally, the procedure for subdivision plat approval as outlined in the Washington Subdivision Ordinance shall be followed with these exceptions:
1. The applicant shall submit a preliminary site plan (master plan) in triplicate to the Plan Commission which includes, but is not restricted to, the following information:
a. Location and boundaries of tract to be developed, showing the general layout of streets and the existing and proposed land uses of all areas;
b. Tentative placement of all improvements on the site, showing how recommendations of this chapter have been used;
c. General proposals on densities for residential and other uses. To allow for sufficient flexibility, the Plan Commission may allow minor shifts in use locations and densities, provided that the general overall plan is adhered to; and
d. The proposed schedule for development of the site.
2. The Plan Commission shall give notice of acceptance or rejection of the proposal within 90 days. Reasons for rejection along with suggestions for revisions shall be given in writing. The developer may resubmit plans for approval after the suggested corrections or additions are made.
3. A public hearing shall be held as outlined in the Washington Subdivision chapter.
(c) Development standards.
1. A planned residential or residential/commercial development must comprise an area of at least 10 acres.
2. A planned office development must comprise an area of at least 2 acres.
3. A planned commercial development must comprise an area of at least 5 acres (See C-3 Shopping Center District).
4. A planned manufacturing development must comprise an area of at least 4 acres.
5. All other development standards are the same as those in the zoning district in which the PUD is to be located including any overlay district requirements or other general development standards included in the zoning code or subdivision code.
6. No abandoned, junked, inoperable or derelict vehicles, machinery, farm machinery, equipment or miscellaneous scrap or building debris may be stored within PUD boundaries.
(d) Additional provisions applicable only to developments in the Employment Zoning (EZ) PUD District established by § 155.056. Generally, the procedure for the approval of a Concept Plan for a development in the EZ District shall be as specified in § 155.056 and division (B)(12)(b) of this section shall not be applicable to such developments. In addition the Plan Commission may, in its discretion, exempt Concept Plans for the developments in the EZ District from the provisions of division (B)(12)(a)3.c. of this division which require each PUD to have common open space.
(Prior Code, § 156.08) (Am. Ord. 4-2016, passed 5-9-2016)