Albany City Zoning Code

CHAPTER 154

ZONING REGULATIONS

§ 154.01 PURPOSE.

This chapter is enacted for the purpose of insuring that adequate light, air, convenience of access, and safety from fire, flood and other dangers be secured; that congestion in the public streets may be lessened or avoided; that the public health, safety, comfort, morals, convenience and general public welfare may be promoted within the town and the contiguous unincorporated territory within the jurisdiction of the Albany Plan Commission.

(Ord. - -, passed 11-24-80; Am. Ord. 2006-5, passed 3-27-06)

§ 154.02 TITLE.

This chapter and all official maps now or hereafter in force and effect, and any ordinance hereafter enacted amending this chapter, shall collectively be known as the “Zoning Regulations of Albany, Indiana - 1980.”

(Ord. - -, passed 11-24-80; Am. Ord. 2006-5, passed 3-27-06)

§ 154.03 DEFINITIONS.

For the purpose of this chapter certain words and phrases are herein defined. Words and phrases defined herein shall be given the defined meaning. Words and phrases which are not defined herein shall be given their usual meanings except where the context clearly indicates a difference or specific meaning.

ACCESSORY BUILDING or USE. A building or use which is customary or necessary but subordinate to the main use of the building or land, and which is located on the same lot or parcel of land as the main building or use.

ALLEY. A public or private thoroughfare which affords only a secondary means of access to abutting property.

BASEMENT. A story having at least two feet, but not more than one-half of its height below grade. A basement is counted as a story for the purpose of height regulations if subdivided and used for any purpose other than storage, parking, heating, cooling and similar accessory purposes or for the dwelling of a janitor employed on the premises.

BILLBOARD. A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot.

BOARDING HOUSE. A building, other than a hotel where, for compensation and by prearrangement for definite periods, lodging, meals, or lodging and meals are provided for three or more persons but not exceeding 12 persons.

BUILDING. Any structure having a roof supported by columns or walls for the housing or enclosure of persons or property of any kind. The word BUILDING includes the word STRUCTURE.

BUILDING HEIGHT. The vertical distance from the grade to (a) the highest point of a flat roof, (b) the deck line of a mansard roof, or (c) the average height between eaves and ridge for gable, hip and gambrel roofs.

BUILDABLE WIDTH. The width of the lot left to be built upon after the side yards are provided.

CELLAR. A story having more than one-half of its height below grade and not used for dwelling purposes. A CELLAR is not included in computing the number of stories for the purpose of height measurement.

CLINIC. An establishment where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing medicine together.

CLUB. Buildings and facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit which inures to any individual and not primarily to render a service which is customarily carried on as a business.

DISTRICT. A section or sections of the town or of the contiguous unincorporated territory within the jurisdiction of the Albany Plan Commission for which the requirements governing the use of buildings and premises, the height of buildings, the size of yards, the requirements for off-street parking and the intensity of use are uniform.

DWELLING. A building or portion thereof designed or used exclusively for residential occupancy, including one-, two-, and multiple- dwelling units, home trailers, mobile homes, portable homes, hotels, motels, boarding and lodging houses, tourist courts or tourist homes. The word DWELLING includes the word RESIDENCE.

DWELLING, MULTIPLE-FAMILY. A building designed for or occupied exclusively by three or more families.

DWELLING, SINGLE-FAMILY. A building designed for or occupied exclusively by one family.

DWELLING, TWO-FAMILY. A building designed for or occupied exclusively by two families.

FAMILY. An individual or two or more persons living together as a single housekeeping unit in a dwelling.

FENCE. A free standing device made of metal, masonry, masonry or stucco wall, PVC/vinyl, composition or wood or any combination thereof, resting on, or partially buried in the ground and rising above ground level, and used for confinement, screening protection or partition purposes.

FILLING or SERVICE STATION. Any land, building structure or premises used for the sale at retail of motor vehicle fuels, oils or accessories or for servicing or lubricating motor vehicles or installing or repairing parts and accessories but not including the repairing or replacing of motors, bodies or fenders of motor vehicles or painting motor vehicles and excluding public garages.

FRONTAGE. All of the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

GARAGE, PRIVATE. An accessory building housing vehicles owned and used by occupants of the main building. A PRIVATE GARAGE may not house more than one commercial vehicle.

GARAGE, PUBLIC. A building or portion thereof other than a private or storage garage designed or used for equipping, servicing, repairing, hiring, selling or storing of motor driven vehicles are not equipped, repaired, hired or sold.

GARAGE, STORAGE. See SUBDIVISION.

GRADE. The average level of the finished surface of the ground for buildings more than five feet from a street line, the grade is the sidewalk elevation at the center of the building. If there is more than one street, the average sidewalk elevation shall be used. If there is no sidewalk, the Administrative Officer shall establish the sidewalk grade.

HOME OCCUPATION. An activity carried on by a member of a family residing on the premises but excluding a beauty shop, barber shop, music school, convalescent or nursing home, professional office, tourist home or other establishment offering services to the general public. A home occupation will show no signs or display to indicate from the exterior of the building that it is being utilized, in whole or in part, for any purpose other than a member of the family residing on the premises, and uses no mechanical equipment except as is customary for domestic or household purposes.

IMPROVEMENT LOCATION PERMIT. A permit stating that the proposed erection, construction enlargement or moving of a building or structure referred to therein complies with the provisions of this chapter.

INSTITUTION. A nonprofit establishment for public use.

JUNK. Metal, glass, paper, cordage or other waste or discarded material which may be treated or prepared so as to be used again in some form.

JUNK YARD INCLUDING AUTOMOBILE WRECKING. A lot or portion thereof used for the storage, dismantling, keeping or abandonment of junk, including non-operating motor vehicles.

KENNELS. A use of land or buildings for the purpose of selling, breeding, boarding or training dogs or cats or both, or the keeping of four or more dogs over four months of age, or keeping six or more cats over four months of age, or the keeping of more than five dogs and cats.

LANDING FIELD or STRIP. A facility for the takeoff and landing of aircraft which does not offer service, fuel or lubricants to the public.

LOADING BERTH. A space within a main building or on the same lot, providing for the standing, loading or unloading of trucks, having a minimum dimension of 12 by 35 feet and vertical clearance of at least 14 feet.

LOT. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory buildings, the open spaces and parking spaces required by this chapter, and having its principal frontage upon a public street or upon an officially approved private street.

LOT, CORNER. A lot abutting on two or more streets at their intersection.

LOT, DOUBLE FRONTAGE. A lot having frontage on two nonintersecting streets, as distinguished from a corner lot.

LOT OF RECORD. A lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder of Delaware or Randolph Counties prior to the adoption of this chapter; or a parcel of land described by metes and bounds, the description of which has been recorded in the office of the County Recorder prior to the adoption of this chapter.

LOT WIDTH. The width of the lot at the required building line.

MANUFACTURED HOUSING. Any housing unit or units factory assembled in whole or in part, designed to be transported to a construction site and intended primarily for permanent occupancy as a residence.

MOBILE HOME. A factory-fabricated dwelling unit built on a chassis and designed for transportation on public thoroughfares and also designed to be used for year-round living when connected to the required utilities. It shall exceed the dimensions of 8 feet or more wide and 30 feet or more long. A recreational vehicle is not to be considered a MOBILE HOME.

MOBILE HOME PARK. Any lot, parcel or tract of land used for the parking of two or more mobile homes.

MOBILE PROPERTY-PORTABLE HOME. Any dwelling, structure or vehicle, so designed to permit living quarters or shelter for people, that could be conceivably moved over the public streets or highways, shall be considered mobile property.

MODULAR HOME. A factory-fabricated transportable module designed to be used along or to be incorporated with similar modules at a building site and designed and constructed with a perimeter frame to become a permanent structure on a site, with all outside walls supported by a permanent foundation.

MODULE. A factory fabricated sub-unit designed to be transported to a building site for incorporation with other modules into a building.

MOTEL. A building or group of buildings used primarily for the temporary residence of motorists or travelers.

NONCONFORMING USE. Any building or land lawfully occupied by a use at the time of passage of this chapter or amendment hereto which does not conform after the adoption of this chapter or amendments hereto with the use regulations of the district in which it is located.

NURSING HOME. A home for the aged, chronically ill or incurable persons except mental or alcoholic patients in which three or more persons are received, kept or provided with food and shelter and care for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis, treatment or care of the sick or injured.

PARKING LOT. Any place, lot, parcel or yard used in whole or in part for storage or parking of two or more vehicles where such usage is not incident to or in conjunction with a dwelling, or other use permitted in dwelling districts and located on the same tract.

PARKING SPACE. A surfaced area, enclosed in the main building or in an accessory building, or unenclosed, having an area of not less than 180 square feet, exclusive of driveways, permanently reserved for temporary storage of one automobile and connected with a street or alley by a surface driveway which affords satisfactory ingress and egress for automobiles.

PRIVATE CLUB. A recreational or social facility operated by a nonprofit organization, which is operated only for the membership of the organization and shall not be open to the public.

RECREATIONAL VEHICLE. A temporary dwelling for travel, recreation and vacation use including but not limited to: travel trailer, pick-up coach, motor home, and camping trailer.

RECREATIONAL VEHICLE PARK. Any lot, parcel or tract of land used for the placement of two or more recreational vehicles.

SHALL. Mandatory and not permissive.

SIGN. An identification, description, illustration or device which is affixed to, or represented directly or indirectly upon a building, structure or land, and which directs attention to a product, place, activity, person, institution or business.

STORY. That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, then the space between the floor and the ceiling next above it.

STORY, HALF. A space under a sloping roof which has the line of intersection of roof decking and exterior wall face not more than three feet above the top floor level and in which space not more than two- thirds of the finished floor area is finished for use.

STREET. A public right-of-way or a private street which affords the principal means of access to abutting property.

STRUCTURAL ALTERATIONS. Any change except those required by law or ordinance, which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams, or girders, not including openings in bearing walls as permitted by other ordinances.

STRUCTURE. Anything constructed or erected the use of which requires permanent location on the ground or attached to something having a permanent location on the ground; including, but without limiting the generality of the foregoing, advertising signs, billboards, back stops for tennis courts and pergolas.

SWIMMING POOL. A pool, pond, lake or open tank containing at least 1 feet of water at any point and maintained by an owner or manager.

TEMPORARY HOUSING (TRAVEL TRAILER or CAMPER). A vehicle or other portable structure designed to move on the highway, not under its own power, and designed or used as a temporary dwelling.

TOURIST HOME. An establishment used for dwelling purposes in which rooms, with or without meals, are offered to transient guests for compensation.

YARD. An open space on the same lot with a building, unobstructed by any portion of a structure or building from the ground upward, except as otherwise provided herein.

YARD, FRONT. A yard across the front of a lot between the side lot lines. The FRONT YARD of a corner lot shall be adjacent to that street on which the lot has its least dimension.

YARD, REAR. A yard across the rear of a lot between the side lot lines. The REAR YARD shall, in all instances, be opposite end of the lot from the front yard.

YARD, SIDE. A yard between the front and rear yards.

(Ord. - -, passed 11-24-80; Am. Ord. 2006-5, passed 3-27-06; Am. Ord. 2012-20, passed 9-10-12)

§ 154.04 GENERAL REGULATIONS AND DISTRICT MAPS.

(A) In order to classify, regulate and restrict the locations of trades, industries and the location of buildings designed for specified uses to regulate and limit the height and bulk of buildings hereafter erected or structurally altered, to regulate and limit the intensity of the use of land and lot areas, to regulate and determine the areas of yards and other open spaces within and surrounding such buildings, and to regulate off-street parking spaces and loading spaces, the town, and the contiguous unincorporated territory within the jurisdiction of the Albany Plan Commission is hereby divided into districts of which there shall be ten in number, known as:

(1) RA: Rural District;

(2) R1: Single-Family District;

(3) R2: Two-Family District - Duplex;

(4) R3: Income Property - Sleeping - Boarding;

(5) M1: Multiple-Family - Residence or Apartments;

(6) C1: Neighborhood Commercial - Shops - Grocery;

(7) C2: General Commercial - Business Operation;

(8) I1: Industrial - Manufacturing;

(9) IR: Industrial Reserve Potential Industry;

(10) SX: Special Reserve - Public Use - City - School - Church.

(B) The boundaries of the districts are shown upon the map made a part of this chapter, which map is designated as the District Map: The District Map and all the notations, references and other information shown thereon, are a part of this chapter and have the same force and effect as if the District Map and all the notations, references and other information shown thereon were all fully set forth or described herein, which District Map is properly attested and is on file with the Town Clerk.

(C) Where uncertainty exists with respect to the boundaries of the various districts shown on the District Map, the following rules apply:

(1) The district boundary lines on the Map are intended to follow either streets or alleys or lot lines, and where the districts designated on the Map are bounded approximately by such streets, alleys, or lot lines, the street or alley or lot line shall be construed to be the boundary of the district unless such boundary is otherwise indicated on the map.

(2) In the case of unsubdivided property, the district boundary lines shall be determined by the use of the scale appearing on the District Map or by dimensions.

(3) Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located midway between the main track or tracks of the railroad line.

(D) All unincorporated territory which may hereafter come within the zoning jurisdiction of the Albany Plan Commission shall be considered as being in the RA Rural District until otherwise changed after public hearing thereon and by chapter.

(E) Whenever any street, alley or other public way is vacated by an official agency, the zoning district adjoining such-street, alley or public way shall be automatically extended in accordance with the ownership thereof following such vacation and all area included in the vacation shall then and thenceforth be subject to all appropriate regulations of the extended district.

(F) Except as hereinafter provided:

(1) No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, except for a purpose permitted in the district in which the building or land is located.

(2) No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located.

(3) No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations, including minimum floor area requirements, of the district in which the building is located.

(4) No building shall be erected or structurally altered to the extent specifically provided hereinafter except in conformity with the off-street parking and loading regulations of the district in which such building is located.

(5) Minimum yards, parking spaces and other open spaces, including lot area per family, required by this chapter for each and every building existing at the time of passage of this chapter, or for any building hereinafter erected, shall not be encroached upon or considered as yard or parking space or open space requirements for any other building, nor shall any yard, or open space or parking space be reduced below the requirements of this chapter for the district in which such lot is located.

(6) Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building on one lot except as specifically provided hereinafter.

(7) For the purpose of this chapter, utility poles, wires, transformers attached to poles, pipes, and all underground utility mains, conduits, manholes, and similar facilities shall not be subject to any use, height, or yard requirements of the district in which they are located.

(G) The Board of Appeals, in accordance with the rules and regulations governing district boundary determinations, shall determine all questions concerning the exact location of district boundary lines.

(H) All fences shall meet the following requirements:

(1) Improvement location permit. No fence shall be erected without first being issued an improvement location permit pursuant to § 154.06(B).

(2) Location and height limitations; residential districts. No fence exceeding the height of three feet shall be located upon a lot within 30 feet of a street intersection. No fence shall be erected in a public right-of-way or in a utility easement. Fences shall be limited to a minimum height of three feet and a maximum height of six feet. Fences shall have a set-off of one foot from property line.

(3) Location and height limitations; non-residential districts. No fence exceeding the height of six feet shall be located upon a lot within 30 feet of a street intersection. No fence shall be erected in a public right-of-way or in a utility easement. Fences shall be limited to a minimum height of six feet and a maximum height of eight feet. Fences shall have a set-off of one foot from property line.

(Ord. - -, passed 11-24-80; Am. Ord. 2006-5, passed 3-27-06; Am. Ord. 2012-20, passed 9-10-12)

§ 154.05 BOARD OF ZONING APPEALS.

(A) Creation, membership and organization.

(1) A Board of Zoning Appeals is hereby established with membership and appointments provided in accordance with I.C. 18-7-4-114. Whenever the word “board” is used in this section it shall be construed to mean the Board of Appeals. The Board of Zoning Appeals shall consist of five members appointed by the Town Board President to serve respectively for the following terms: one for a term of one year; one for a term of two years; one for a term of three years; and one for a term of four years. The terms shall expire on the first day of January of the first, second, third or fourth year, respectively, following their appointment. Thereafter, as the terms expire, each new appointment shall be for a term of four years. All members of the Board shall be residents of Albany, Indiana, and two members shall also be members of the Plan Commission and none of the members shall hold elective or appointive office. Vacancies shall be filled by the appointing authority for the unexpired term of any member whose place has become vacant.

(2) At the first meeting of each year, the Board shall elect a Chairman and a Vice Chairman from among its members and it may appoint and fix the compensation of a secretary and such employees as are necessary for the discharge of its duties, all in conformity to and compliance with salaries and compensation theretofore fixed by the legislative authority.

(3) The Board may adopt such rules and regulations as it may deem necessary to effectuate the provisions of this chapter.

(B) Meetings. All meetings of the Board shall be held at the call of the Chairman or at such times as the Board may determine. All hearings conducted by the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon every question, or if, absent or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions. Findings of fact shall be included in the minutes of each case of a requested interpretation, exception or variation and the reasons for recommending or denying same shall be specified. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board shall be filed immediately in the office of the Board and shall be a public record.

(1) An appeal may be taken to the Board by any person or by any officer, department, board or bureau of the town affected by a decision of the Administrative officer. Such appeal shall be taken within such time as shall be prescribed by the Board by general rule, by filing with the Administrative Officer and with the Board a notice of appeal specifying the grounds thereof. The Administrative Officer shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.

(2) The Board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing either in person or by duly authorized agent or attorney.

(D) Duties and jurisdiction. The Board of Appeals shall have the following powers, and it shall be its duty to:

(1) Hear and determine appeals from and review any order, requirement, decision or determination made by the Administrator in the enforcement of the chapter.

(2) Permit and authorize exceptions to the District regulations only in the classes of cases or in particular situations as specified in the chapter.

(3) Hear and decide on permits for Special Uses, Development Plans or other uses upon which the Board is required to act under the provisions of this chapter.

(4) Authorize upon appeal in specific cases such variances from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions, fully demonstrated on the basis of the facts presented, a literal enforcement of the provisions of the chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done.

(E) Miscellaneous. No order of the Board permitting the erection or alteration of a building shall be valid for a period longer than one year unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

(Ord. - -, passed 11-24-80; Am. Ord. 2006-5, passed 3-27-06)

Editor’s note:

I.C. 18-7-4-114 was repealed by Acts 1982, P.L.127, sec. 2(b)

§ 154.06 ADMINISTRATION.

(A) Enforcement. An Administrative Officer to be appointed by the Town Board is hereby designated and authorized to enforce this chapter.

(B) Improvement location permit application.

(1) Permit required. No building or other structure shall be erected, moved, added to or structurally altered nor shall any building structure or land be established or changed in use without a location permit issued by the Plan Commission. No improvement location permit shall be issued by the Plan Commission except in conformity with the provisions of this chapter, unless by written order of the Board of Zoning Appeals in the form of an administrative appeal, review, special exception use or variance as provided by this chapter.

(2) Application for an improvement location permit. All applications for improvement location permits shall be accompanied by plans drawn to scale showing the following items: the actual dimensions and shapes of the lot to be built upon; the exact sizes and locations of the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application should include any other information as lawfully may be required by the Plan Commission, including existing or proposed building or alteration; existing or proposed uses of the building and land; number of families, number of units or rental units the building is designed to accommodate; conditions existing on the lot; building setback distances from property lines, and other matters as may be necessary to determine conformance with and provide the enforcement of this chapter. The plans shall be retained by the Plan Commission.

(3) Floodplain development permit required. No improvement location permit shall be issued for the erection, extension, conversion or structure alteration of a building located with special flood hazard area without compliance with the Town of Albany's Flood Damage Prevention Ordinance, including, but not limited to obtaining a floodplain development permit.

(4) Expiration of permit.

(a) Initiation of work. If the work described in any improvement location permit has not begun within 12 months from the date of issuance thereof, the permit shall expire and shall be cancelled by the Commission. If visible work has not begun in one year, the permit is void.

(b) Completion of work. If the work described in any improvement location permit has not been completed within two years of the date of issuance thereof, the permit shall expire and be cancelled by the Planning Commission or the Administrative Officer and written notice thereof shall be given to the persons affected, together with notice that future work as described in the cancelled permit or an extension shall not proceed unless and until a new permit has been obtained.

(c) Failure to obtain an improvement location permit. Failure to obtain an improvement location permit is required by this chapter shall be deemed a violation of this chapter and shall be subject to the fine of $100.

(d) Limitation on improvement location permit. Improvement location permits issued on the basis of plans and applications approved by the Administrative Officer authorize only the use for arrangements set forth in such approved applications or amendments, and no other use, arrangements or construction is permitted. Any use, arrangement or construction contrary to that authorized shall be deemed a violation of this chapter and shall be subject to a $100 fine.

(e) Records of improvement location permits. Every improvement location permit issued pursuant to this section shall be kept on file in the Town Hall for the period as specified by the Indiana Code and shall be available as public record.

(5) Official schedule of fees.

(a) The Plan Commission shall maintain the official schedule fees, charges and expenses, as set forth periodically by the Town Council, and a collection procedure for permits, appeals and other petitions pertaining to this chapter. Schedule of fees shall be available to the public in the Town Hall and may be altered or amended only by ordinances of the Town Council.

(b) All applicable fees, charges and expenses shall be paid in full by the applicant or owner when the improvement location permit is issued.

(c) Any person or persons who initiate construction of a structure prior to obtaining an improvement location permit or any other required permit shall be subject to the fees and penalties of $100.

(1) It shall hereby be declared unlawful and in violation of provisions of this chapter for any builder or property owner to allow for any structure (for which an improvement location permit has been legally obtained) to become occupied prior to the following:

(a) Passing a final inspection by the Administrative Officer; and

(b) Receiving a Certificate of Occupancy permit from the town.

(2) A Certificate of Occupancy shall be required for:

(a) New construction or improvement. It shall be unlawful to use or occupy, or to permit the use for occupancy of, any building or premises, or both, are part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a Certificate of Occupancy has been issued by the Administrative Officer. The Certificate of Occupancy shall state that the proposed use of the building and/or land conforms to the requirements of this chapter and that the Administrative Officer or his or her representative has inspected the property and attested to that fact.

(b) Change of occupancy. No persons, firms or corporations shall move into or occupy any nonresidential structure or land, new or existing, without first obtaining a Certificate of Occupancy from the Administrative Officer.

(c) Issuance of Certificate of Occupancy. Certificates of Occupancy may be issued by the Administrative Officer within ten days after notification by the applicant that the lawful erection, reconstruction or structural alteration of the building or other improvement of the land have been completed, or that the use of the building or premises will change, or that the occupancy of the building or premises will change; and the finding of the Administrative Officer that such construction, change of use, or change of occupancy conforms to the requirements of this chapter.

(d) Records of Certificate of Occupancy. Every Certificate of Occupancy issued pursuant to this section shall be kept on file in the Town Hall for the period as specified by the Indiana Code and shall be available as public record.

(D) Inspection for compliance. All permits shall be subject to inspection for compliance after issuance of permit.

(Ord. - -, passed 11-24-80; Am. Ord. 2006-5, passed 3-27-06; Am. Ord. 2015-29, passed 10-26-15)

§ 154.07 FEES.

(A) Applications and petitions filed pursuant to the provisions of this chapter shall be accompanied by the filing fees hereafter specified:

(1) For an Improvement Location Permit the fee shall be as follows:

(a) Residential Building: $75;

(b) Commercial Building: $100;

(d) Detached garages, storage sheds, fences, patios, swimming pools, remodeling, alterations, and moving of buildings: $50;

(e) Demolition of buildings: $25.

(2) For each application for a Certificate of Occupancy, the sum of $20.

(3) For each petition for an appeal from the division of the Administrative Officer to the Board, a fee of $35.

(4) For each petition for approval of a Special Use, a fee of $45.

(5) For each petition for an amendment to this chapter, a fee of $45.

(B) All of the above fees shall be paid to the Administrative Officer who shall forthwith deposit them with the Town Treasurer to the credit of the General Revenue Fund of Albany, Indiana.

(D) One-half of the fees collected shall be paid to the Administrative Officer for the work performed by the Administrative Officer on behalf of the town.

(Ord. - -, passed 11-24-80; Am. Ord. 2000-21, passed 12-27-00; Am. Ord. 2001-14, passed 12-10-01; Am. Ord. 2006-5, passed 3-27-06; Am. Ord. 2011-34, passed 1-9-12; Am. Ord. 2015-29, passed 10-26-15)

§ 154.08 INTERPRETATION, PURPOSE AND CONFLICT.

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any ordinance, rules, regulations or permits previously adopted or issued and not in conflict with any of the provisions of this chapter, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises, and likewise not in conflict with this chapter; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties except that if this chapter imposes a greater restriction, this chapter shall control.

(Ord. - -, passed 11-24-80; Am. Ord. 2006-5, passed 3-27-06)

§ 154.09 AMENDMENTS.

(A) All amendments to this chapter shall be in conformance with I.C. 18-7-5-67 and 18-7-5-39 to 18-7-5-44 or of appropriate amendments thereto, and shall be acted on only after the prescribed ten-day public notice by Delaware County newspapers.

(B) A party shall not initiate action for a zoning amendment affecting the same lot or tract more often than once every 12 months.

(C) Should a petitioner to whom a zoning amendment is granted for a specific use fail to begin construction or installation of the use within one year after the passage of the amendment, the Administrative Officer shall so inform the Town Board, which may initiate proceedings to re-zone the subject properly to its original classification.

(Ord. - -, passed 11-24-80; Am. Ord. 1986-13, passed 12-29-86; Am. Ord. 2006-5, passed 3-27-06)

Editor’s Note:

The statutes cited in division (A) of this section have been repealed. Corresponding provisions are currently set forth in I.C. 36-7-4-607 through 36-7-4-611 and I.C. 36-7-4-507 through 36-7-4-511.

§ 154.10 REMEDIES.

(A) Investigation and enforcement.

(1) The Zoning Administrator, on receipt of information of a possible violation of the zoning ordinance, shall make investigation to establish reasonable belief that a violation has occurred.

(2) The Zoning Administrator may issue a citation for violation of the zoning ordinance.

(3) The Town Attorney may file a complaint against the person and prosecute the alleged violation.

(B) Violations. The following actions may be instituted when violations occur:

(1) The Plan Commission or Board of Zoning Appeals may institute a suit for injunction to restrain any person from violating the provisions of the zoning ordinance.

(2) The Plan Commission or Board of Zoning Appeals may institute a suit for mandatory injunction directing any person to cease an illegal use, or remove a structure erected in violation of the provisions of the zoning ordinance.

(3) In the event a condition constituting a violation of the town zoning ordinance exists on real property, the Zoning Administrator may enter onto the property and take action to bring the property into compliance with the zoning ordinance if all persons with a substantial interest in the property have been given notice of the violation and have failed to bring the property into compliance after being provided with a reasonable opportunity to do so. The property owner of record shall be liable for the costs of the action and the costs may be made a lien on the property.

(C) Nothing herein contained shall prevent the town from taking other lawful action necessary to prevent, remedy or issue a fine for any violation.

(Ord. - -, passed 11-24-80; Am. Ord. 2006-5, passed 3-27-06; Am. Ord. 2015-29, passed 10-26-15)

§ 154.20 RA: RURAL DISTRICT REGULATIONS.

(A) Use regulations. A building, lot or tract within the RA Rural District shall be used only for the following purposes unless otherwise provided in this chapter:

(1) Farming, including the usual farm buildings and structures;

(2) Truck and flower gardening, nurseries, orchards and greenhouses;

(3) Single-family dwellings but only when located at an elevation above high water;

(4) Publicly owned and operated property;

(5) Country clubs and golf courses except a lighted golf course, miniature courses and practice driving tees;

(6) Riding stables or the keeping of small animals; provided that any building housing animals be located at least 100 feet from all property lines;

(7) Pumping or booster stations along a pipe line or substations along an electric transmission line;

(8) Home occupation;

(9) Landing strips;

(10) Accessory buildings and uses customarily incident to any of the above uses;

(11) Temporary signs not exceeding 15 square feet in area, appertaining only to the lease, hire or sale of a building or premises, or the sale of products grown and sold on the premises; provided, however, that not more than one sign of the above character shall be permitted on any lot or tract.

(B) Height, yard and lot width regulations. The height, yard and lot width requirements within the RA Rural District shall be as required by § 154.40.

(D) Parking regulations. The off-street parking requirements within the RA Rural District shall be as required by § 154.44.

(Ord. - -, passed 11-24-80; Am. Ord. 2006-5, passed 3-27-06)

§ 154.21 R1: SINGLE-FAMILY DISTRICT REGULATIONS.

(A) Use regulations. A building, lot or tract within the R1 Single-Family District shall be used only for the following purposes, unless otherwise provided in this chapter:

(1) Single-family dwelling.

(2) Park, playground or community building owned or operated by a public agency.

(3) Public library.

(4) Public school, elementary or high, or a private or parochial school having a curriculum similar to that ordinarily given in a public school.

(5) Country club and golf course, except a lighted golf course, miniature course or a driving tee operated for commercial purposes.

(6) Nursery, truck gardening and the raising of farm crops, but not the raising of poultry, pets and livestock for strictly commercial purposes or on a scale that would be objectionable because of noise or odor to surrounding residences, and provided further that no products shall be sold on the premises except those that are raised thereon; and, no building or stand shall be erected for the exclusive use of such sale.

(7) Church or other place of worship.

(8) Home occupation.

(9) Accessory building or use customarily incident to any of the above uses, when located on the same lot and not involving the conduct of a business, including a private garage when located not less than 60 feet from the front lot line, or a private garage constructed as part of the main building.

(10) Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.

(11) Church or public bulletin boards not exceeding 20 square feet in area, or temporary sign appertaining to the lease, hire or sale of a building or premises, not exceeding ten square feet in area.

(B) Height, yard and lot width regulations. The height, yard and lot width requirements within the R1 Single-Family District shall be as required by § 154.40.

(D) Parking regulations. The off-street parking regulations in the R1 Single-Family District shall be as required in § 154.44.

(Ord. - -, passed 11-24-80; Am. Ord. 2006-5, passed 3-27-06)

§ 154.22 R2: TWO-FAMILY DISTRICT REGULATIONS.

(A) Use regulations. A building or premises shall be used only for the following purposes:

(1) Any use permitted in the R1 Single- Family District.

(2) Two-family dwelling, but only when 30% or more of the frontage is occupied by two- family dwellings.

(3) Any lot or tract on which it is feasible, and permitted by the Albany Plan Commission, to build more than one dwelling.

(4) Accessory building or use customarily incidental to any of the above uses, including a storage garage, where the lot is occupied by an institutional building. If a storage garage is not a part of the main building, it shall be located not less than 60 feet from the front line and not less than 5 feet from any side lot line.

(B) Height, yard and lot width regulations. The height, yard and lot width requirements within the R2 Two-Family District shall be as required in § 154.40.

(D) Parking regulations. The off-street parking regulations in the R2 Two-Family District shall be as required in § 154.44.

(Ord. - -, passed 11-24-80; Am. Ord. 2006-5, passed 3-27-06)

§ 154.23 R3: INCOME PROPERTY DISTRICT REGULATIONS.

(A) Use regulations. A building or premises shall be used only for the following purposes:

(1) Any use permitted in the R2 Two- Family District.

(2) Boarding or lodging house.

(3) Fraternal or sorority house, or dwelling for student housing.

(4) Housing for temporary employees, trainees, or migrates.

(5) Institution of a religious, educational, eleemosynary or philanthropic nature, including penal and mental institutions.

(6) Nursing or convalescent home.

(7) Accessory building or use customarily incidental to any of the above uses, including a storage garage, where the lot is occupied by an institutional building. If a storage garage is not a part of the mail building, it shall be located not less than 60 feet from the front line and not less than 5 feet from any side lot line.

(B) Height, yard and lot width regulations. The height, yard and lot width requirements within the R3 Income Property District shall be as required in § 154.40.

(D) Parking regulations. The off-street parking regulations in the R3 Income Property District shall be as required in § 154.44.

(Ord. - -, passed 11-24-80; Am. Ord. 2006-5, passed 3-27-06)

§ 154.24 M1: MULTIPLE-FAMILY RESIDENCE - APARTMENTS.

(A) Use regulations. A building or premises, lot or tract within the M1 Multiple-Family Residence District shall be used only for the following purposes, unless otherwise permitted by this chapter:

(1) Any use permitted in the R3 Income Property District.

(2) Any dwelling housing more than two separate families.

(3) Apartment houses.

(4) Condominiums.

(5) Town houses.

(6) Cooperative dwelling.

(7) Accessory building or use customarily incidental to any of the above uses, including a storage garage, where the lot is occupied by a multiple-family dwelling. If a storage garage is not a part of the main building, it shall be located no less than 60 feet from the front line and not less than 5 feet from any side lot line.

(B) Height, yard and lot width regulations. The height, yard and lot width requirements within the M1 Multiple-Family Residence District shall be as required in § 154.40.

(C) Lot area regulations. The lot area regulations in the M1 Multiple-Family Residence District shall be as required in § 154.42.

(D) Parking regulations. The off-street parking regulations in the M1 Multiple-Family Residence District shall be as required in § 154.44.

(Ord. - -, passed 11-24-80; Am. Ord. 2006-5, passed 3-27-06)

§ 154.25 C1: NEIGHBORHOOD COMMERCIAL.

(A) A building, lot or tract within the C1 Neighborhood Commercial District shall be used only for the following purposes, unless otherwise permitted by this chapter:

(1) Any use permitted in the R3 Income Property District.

(2) Antique or souvenir shop.

(3) Bakery, whose products are sold at retail on the premises.

(4) Bank branch.

(5) Barber shops and beauty parlors.

(6) Cottage grocery.

(7) Display room for merchandise to be sold at wholesale, where merchandise sold is stored elsewhere.

(8) Dressmaking and tailor shop.

(9) Nursery school.

(10) Painting and decorating shop.

(11) Professional and business office.

(12) Repair shops and services.

(13) Taxicab station.

(14) Telephone exchange or answering service.

(15) Other personal service uses of a similar character to those specifically listed in this section.

(16) Accessory building or use customarily incidental to any of the above uses, including advertising signs and billboards when their location is approved by the Plan Commission after written petition.

(B) Height and yard regulations. The height and yard requirements within the C1 Neighborhood Commercial District shall be as required in § 154.40.

(C) Lot area regulations. The lot area regulations in the C1 Neighborhood Commercial District shall be as required in § 154.42.

(D) Parking and loading regulations. The off- street parking and loading regulations in the C1 Neighborhood Commercial District shall be as required in § 154.44.

(Ord. - -, passed 11-24-80; Am. Ord. 2006-5, passed 3-27-06)

§ 154.26 C2: GENERAL COMMERCIAL DISTRICT REGULATIONS.

(A) A building, lot or tract with the C2 General Commercial District shall be used only for the following purposes, unless otherwise permitted by this chapter:

(1) Any use permitted in the C1 Neighborhood Commercial District or the R3 Income Property District.

(2) Automobile parking lot.

(3) Automobile repair or body shop.

(4) Boat sales and services.

(5) Catering establishment.

(6) Clinics.

(7) Commercial or trade school.

(8) Filling or service station.

(9) Garages, public and storage.

(10) Grain elevators and feed mills.

(11) Hardware.

(12) Implements and equipment.

(13) Laundromat and laundry and cleaning plants.

(14) Lumber yards.

(15) Mortuary.

(16) Motel.

(17) Newspaper, messenger or telegraphic service station and broadcasting stations.

(18) Printing shops containing not more than 7,500 square feet of floor space.

(19) Recreation building or structure including bowling alleys.

(20) Repair shops and services.

(21) Restaurants and taverns.

(22) Theatre, including outdoor drive-in theatres.

(23) Other personal service uses of a similar character to those specifically listed in this section.

(24) Accessory building or use customarily incidental to any of the above uses, including advertising signs and billboards when their location is approved by the Albany Plan Commission after written petition.

(B) Height and yard regulations. The height and yard requirements with the C2 General Commercial District shall be as required in § 154.40.

(C) Lot area regulations. The lot area regulations in the C2 General Commercial District shall be as required in § 154.42.

(D) Parking and loading regulations. The off- street parking and loading regulations in the C2 General Commercial District shall be as required in § 154.44.

(Ord. - -, passed 11-24-80; Am. Ord. 2006-5, passed 3-27-06)

§ 154.27 I1: INDUSTRIAL DISTRICT REGULATIONS.

(A) Use regulations. A building, lot or tract within the I1 Industrial District shall be used only for the following purposes, unless otherwise provided in this chapter:

(1) Any use permitted in the C2 General Commercial District, except as follows: After the passage of this chapter, a new dwelling may be located or erected within the I1 Industrial District only on a street whose frontage is at least 30% occupied by lots containing dwellings.

(2) Assembly plants, using prefabricated parts of household appliances, electronic products and similar products or the processing or the assembling of parts for production of finished equipment.

(3) Bottling works.

(4) Canning factory.

(5) Carting, express, hauling or storage yard.

(6) Contractor’s supply yard.

(7) Coal, coke or wood yard.

(8) Disposal plant.

(9) Gas storage or bulk plant.

(10) Locker plant.

(11) Lumber yards and millwork plants.

(12) Manufacturing plants, any manufacturing process used in making or building of any part or product.

(13) Paper mill or paper processing.

(14) Petroleum storage, but only after the location and treatment of the premises have been approved by the Albany Plan Commission.

(15) Printing, publishing, or engraving.

(16) Fruit and food processing and storage.

(17) Salvage yard.

(18) Service industry, such as laundry, cleaning or dyeing plant.

(19) Sporting and athletic equipment manufacture.

(20) Truck or transfer terminal or freight house.

(21) Utilities.

(22) Warehouse or wholesale establishment.

(23) Industrial manufacturing plants where the process of manufacturing or the treatment of materials is such that only a nominal amount of dust, gas, odor, smoke or noise is emitted.

(24) Normal accessory structures and uses, including advertising signs and billboards.

(B) Height and yard regulations. Height and yard regulations in the I1 Industrial District shall be as required by § 154.40.

(D) Parking and loading regulations. The off- street parking and loading regulations in I1 Industrial District shall be as required in § 154.44.

(Ord. - -, passed 11-24-80; Am. Ord. 2006-5, passed 3-27-06)

§ 154.28 IR: INDUSTRIAL RESERVE DISTRICT REGULATIONS.

(A) Use regulations. A building, lot or tract within the IR Industrial Reserve District shall be used only for the following purposes, unless otherwise provided in this chapter.

(1) Any use permitted in the I1 Industrial District, except as follows: No new dwelling shall be located or erected within the IR Industrial Reserve District unless on a street whose frontage is at least 30% occupied by lots containing dwellings.

(2) Potential location for new industry, any other use must be approved by the Albany Plan Commission after written petition.

(B) Height and yard regulations. The height and yard regulations in the IR Industrial Reserve District shall be as required in § 154.40.

(C) Lot area regulations. The lot area regulations in the IR Industrial Reserve District shall be as required in § 154.42.

(D) Parking and loading regulations. The off- street parking and loading regulations in the IR Industrial Reserve District shall be as required in § 154.44.

(Ord. - -, passed 11-24-80; Am. Ord. 2006-5, passed 3-27-06)

§ 154.29 SX: SPECIAL RESERVE: FOR PUBLIC USE.

(A) Use regulations. A building, lot or tract within the SX Special Reserve District shall be used only for the following purposes, unless otherwise provided in this chapter:

(1) Any use permitted in the R3 Income Property District.

(2) Schools.

(3) Church or place of worship.

(4) Parks, playgrounds.

(5) Recreation areas.

(6) Municipally operated.

(7) Government property.

(8) State educational or institutional.

(9) Accessory building or use customarily incidental to any of the above uses, including advertising signs and billboards when their location is approved by the Albany Plan Commission, after written petition.

(10) Any use of building or structure other than the above set out shall be first approved by the Albany Plan Commission after written petition.

(B) Height and yard regulations. The height and yard requirements of the SX Special Reserve District shall be as required in § 154.40.

(C) Lot area regulations. The lot area regulations within the SX Special Reserve District shall be as required in § 154.42.

(D) Parking and loading regulations. The off- street parking and loading regulations in the SX Special Reserve District shall be as required in § 154.44.

(Ord. - -, passed 11-24-80; Am. Ord. 2006-5, passed 3-27-06)

§ 154.40 HEIGHT, YARD AND LOT WIDTH REQUIREMENTS.

The required height, yard and lot width regulations are established and shown in the accompanying table below.

	Maximum Height of Buildings		Minimum Depth of Front Yard	Either Side Yard	Aggregate Side Yards	Minimum Depth of Rear Yard	Minimum Lot Width at Building Line
District	Stories	Feet	(in feet)	(in feet)	(in feet)	(in feet)	(in feet)
RA Rural	2	45	30	15	30	30	130
R1 Single Family	2	30	30	6	15	30	80
R2 Two Family	2	30	25	5	12	25	60
R3 Income Property	2	30	25	5	10	25	60
M1 Multiple- Family	3	40	30	(1)		(2)
C1 Neighborhood Comm.	2	40	25	5	10	(2)	60
C2 General Commercial	3	40	25	(1)		(2)	60
I1 Industrial	6	120 (3)	30	(1)		(2)
IR Industrial Reserve	6	60 (3)	30	(1)		(2)
SX Special Reserve	3	60 (3)		(1)		(2)
(1) Five feet for a residence. No side yard required for any other use except on the side of a lot adjoining an “R” District in which case a side yard of not less than five feet shall be provided in any “M” or “C” District and not less than ten feet in any “I” District. (2) Twenty-five feet for any residence. No rear yard required for any other use except on the rear of a lot adjoining an “R” District, in which case a rear yard of not less than 25 feet shall be provided. (3) Whenever a building in an “I” or “SX” District adjoins or abuts within 100 feet of an “R” District, such building shall not exceed three stories or 40 feet in height unless it is set back one foot from the required side and rear yard lines for each foot of additional height above 40 feet.

(Ord. - -, passed 11-24-80; Am. Ord. 2006-5, passed 3-27-06)

§ 154.41 HEIGHT, YARD AND LOT WIDTH EXCEPTIONS AND MODIFICATIONS.

(A) Height.

(1) The height regulations prescribed herein shall not apply to television and radio towers, silos, church-spires, belfries, monuments, tanks, water and fire towers and spires, chimneys, elevator bulkheads, smoke stacks, conveyors and flag poles.

(2) Public, semi-public or public service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding 60 feet and churches and temples may be erected to a height not exceeding 75 feet when the required side and rear yards are each increased by one foot of additional building height above the height regulations for the district in which the building is located.

(3) The limitation on number of stories shall not apply to buildings used exclusively for storage purposes, provided such buildings do not exceed the height in feet permitted in the district in which they are located.

(B) Front yards.

(1) When 40% or more of the frontage on one side of the street between two intersecting streets is improved with buildings that have observed a front yard line having a variation in depth of not more than ten feet, no building shall project beyond the average front yard so established; provided, however, that a front yard depth shall not be required to exceed 50 feet.

(2) On lots having double frontage the required front yard shall be provided on both streets.

(3) No fence and no shrubbery exceeding three feet shall be located upon a lot within 30 feet of a street intersection.

(4) An open, uncovered porch or paved terrace may project into a required front or rear yard for a distance of not more than ten feet, but this shall not be interpreted to include or permit fixed canopies.

(5) Filling station pumps and pump islands may be located within a required yard provided that they are not less than 15 feet from any street line and not less than 50 feet from the boundary of any residential district.

(6) Off-street parking facilities may be located within the required front yard of any M, C or I District but shall not be nearer than 50 feet to any R District and no off-street parking shall be permitted in the required front yard of any other R District.

(1) On a corner lot, the width of the yard along the side street shall not be less than the required front yard on such street, provided, however, that the buildable width of a lot of record shall not be reduced to less than 32 feet. No accessory building shall project beyond the required yard line along either street.

(2) Where dwelling units are erected above a commercial establishment, no side yard is required except when required for the commercial building on the side of a lot adjoining a residential district.

(3) A porte-cochere or canopy may project into a required side yard provided every part of such porte-cochere or canopy is unenclosed and is not less than five feet from any side lot line.

(4) Where a lot of record at the time of the effective date of this chapter is less than 50 feet in width, the required side yard may be reduced to 10% of the width of the lot, provided, however, that no side yard shall be less than three feet.

(D) Rear yards.

(1) Where a lot abuts on an alley, one-half of the alley width may be considered as a part of the required rear yard.

(2) An accessory building not exceeding 20 feet in height may occupy not to exceed 30% and unenclosed parking spaces may occupy not to exceed 90% of the area of a required rear yard, but no accessory building shall be closer than ten feet to the main building nor closer than three feet to any lot line.

(3) The ordinary projections of sills, belt courses, cornices and ornamental features may extend to a distance not to exceed 18 inches into a required yard.

(4) Open or, lattice-enclosed fire escapes, outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into a rear yard may be permitted by the Building Commissioner for a distance not to exceed five feet when these are so placed as not to obstruct light and ventilation.

(E) General yards and areas.

(1) More than one main building may be erected upon a lot in the case of commercial or industrial buildings or of hospitals, institutions and public buildings, where such uses are permitted, provided that all yards otherwise required on the lot for a single building are observed.

(2) Where a lot of record at the time of the effective date of this chapter has less width than herein required in the district in which it is located and the owner of such lot does not own any other parcel or tract adjacent thereto, the lot may nonetheless be used for a one-family dwelling.

(Ord. - -, passed 11-24-80; Am. Ord. 2006-5, passed 3-27-06)

§ 154.42 LOT AREA REQUIREMENTS.

Lot area requirements are shown as follows:

Minimum Lot Area Per Family (in square feet or acres)	District
1 Acre	RA Rural
10,000 Sq. Ft.—One family	R1 Single Family
3,750 Sq. Ft.—Two Family	R2 Two Family
1,875 Sq. Ft.—Income Property	R3 Income Property
1,200 Sq. Ft.—Multiple-Family	M1 Multiple-Family
5,000 Sq. Ft.—Neighborhood Comm.	C1 Neighborhood Comm.
5,000 Sq. Ft.—General Commercial	C2 General Commercial
5,000 Sq. Ft.—(Where new living units are permitted)	I1 Industrial
5,000 Sq. Ft.—(Where new living units are permitted)	IR Industrial Reserve
1,200 Sq. Ft.—(Where new living units are permitted)	SX Special Reserve

(Ord. - -, passed 11-24-80; Am. Ord. 2006-5, passed 3-27-06)

§ 154.43 LOT AREA EXCEPTIONS AND MODIFICATIONS.

(A) Lot area. Where a lot of record at the time of the effective date of this chapter has less area than herein required in the district in which it is located, and the owner of such lot does not own any other parcel or tract adjacent thereto, the lot may nonetheless be used for a one-family dwelling.

(B) Reducing size of lots in new subdivisions.

(1) The area of lots in new single-family developments may be reduced in conformance with the following requirements:

(a) The maximum number of lots that can be created by a subdivision for single-family residential purposes within a single-family residence district or districts shall be computed by subdividing 15% of the total area being subdivided for street right- of-way and dividing the remaining area by the minimum lot area requirements or the single-family district of districts within which the new subdivision is located. This method shall apply regardless of the amount of land actually required for street right-of- way and regardless of the amount of land, if any, to be set aside for common use.

(b) Common land for open space or recreation use within any subdivision which can accommodate a minimum of 25 or more lots may be set aside for use by the owners of residential lots or some of the lot sizes in the subdivision may be reduced below the normal requirements of the district so that other lots can be enlarged, but the maximum number of lots to be created shall be determined as set out in division (B)(1)(a) above, and the area and frontage of any lot that is reduced beyond the normal requirements of the district shall not be less than the following minimum standards as shown in the following table.

District	Normal Lot Area	Minimum Lot Area	Frontage
RA	One Acre	One-half Acre	130 ft.
R1	10,000 sq. ft.	7,500 sq. ft.	60 ft.
R2	7,500 sq. ft.	5,000 sq. ft. (at least 2 stor.)	40 ft.
R3	7,500 sq. ft.	5,000 sq. ft. (at least 2 stor.)	40 ft.

(c) The location, extent and purpose of common land proposed to be set aside for open space or recreational use within any subdivision must be reviewed and approved by the Albany Plan Commission before the provision of division (B)(1)(b) above shall apply. A private recreation use, such as a golf course or swimming pool which use is reserved to owners or occupants of lots located within the development may qualify as common land as well as historic buildings or sites, parkway areas and ornamental parks. Agricultural land, low land along streams, or areas of rough terrain may also be included when such areas are extensive, continuous and have natural features worth preserving.

(d) The maintenance of common land for open space or recreation use shall be guaranteed by trust agreement, approved by an attorney selected by the Plan Commission. Such common land shall be set aside by deed restrictions for a minimum period of 20 years.

(2) All of the above exceptions shall be subject to the approval of the Albany Plan Commission exercised through their review of preliminary and final subdivision plats. The Commission shall consider the topography, tree cover and other natural features of the site, as well as the standards of this chapter and recognized principles of landscape architecture and land use planning in administering these exceptions.

(Ord. - -, passed 11-24-80; Am. Ord. 2006-5, passed 3-27-06)

§ 154.44 OFF-STREET PARKING AND LOADING REQUIREMENTS.

(A) In all districts there shall be provided at the time any building or structure is erected or structurally altered (except as hereinafter provided) off-street parking spaces in accordance with the following requirements:

(1) Dwellings, including single- and two- family and multiple: One parking space for each dwelling unit.

(2) Rooming or boarding house: One parking space for each two sleeping rooms.

(3) Fraternity or sorority: One parking space for each six beds.

(4) Private club or lodge: One parking space for every ten members.

(5) Church or temple: One parking space for each ten seats in the main auditorium.

(6) School (except high school or college): One parking space for each ten seats in the auditorium or main assembly room, or one space for each classroom, whichever is greater.

(7) College or high school: One parking space for each eight seats in the main auditorium or three spaces for each classroom whichever is greater.

(8) Country club or golf club: One parking space for each five members.

(9) Community center, library or museum: Ten parking spaces plus one additional space for each 300 square feet of floor area in excess of 2,000 square feet.

(10) Hospital: One parking space for every two beds.

(11) Sanitorium, nursing home, home for the aged or similar institution: One parking space for each six beds.

(12) Theatre or auditorium (except school): One parking space for each five seats or bench seating spaces.

(13) Sports arena, stadium or gymnasium: One parking space for each five seats or seating spaces.

(14) Motor court, motel or tourist court: One parking space for each sleeping room or suite.

(15) Dance hall, assembly or exhibition hall without fixed seats: One parking space for each 100 square feet of floor area used therefor.

(16) Business or professional office, studio, bank, medical or dental clinic: Three parking spaces plus one additional parking space for each 300 square feet of floor area over 1,000.

(17) Bowling alley: Five parking spaces for each alley.

(18) Mortuary or funeral home: One parking space for each 50 square feet of floor space in slumber rooms, parlors or individual funeral service rooms.

(19) Restaurant, night club, café or similar recreation or amusement establishment: One parking space for each 100 square feet of floor area.

(20) Furniture or appliance store, hardware store, wholesale establishments, machinery or equipment sales and service, clothing or shoe repair or service shop: Two parking spaces plus one additional parking space for each 400 square feet of floor area over 1,000.

(21) Printing or plumbing shop or similar service establishment: One parking space for each three persons employed therein.

(22) Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, warehouse or similar establishment: One parking space for each two employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith.

(23) Retail store or personal service establishment except as otherwise specified herein: One parking space for each 200 square feet of floor area.

(B) In computing the number of such parking spaces required, the following rules shall govern:

(1) FLOOR AREA shall mean the gross floor area of a specified use.

(2) Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.

(3) The parking space requirements for a use not specifically mentioned herein shall be the same as required for a use of a similar nature.

(4) Whenever a building or use construed or established prior to the effective date of this chapter is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of 10% or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this chapter is enlarged to the extent of 50% or more in floor area or in the area used, the building or use shall then and thereafter comply with the parking requirements set forth herein.

(C) The parking spaces required herein for residential buildings or uses shall be located on the same lot with the building or use served. The parking spaces required for any other building or use may be located on an area within 300 feet of the building or two or more owners of buildings may join together in providing required parking spaces. Where the required parking spaces are not located on the same lot with the building or use served, the use of the lot or tract upon which the parking spaces are provided shall be restricted by an instrument of record describing the premises for which the parking is provided and assuring the retention of such parking so long as required by this chapter.

(D) Every building of the type described below which is hereafter built, relocated or is structurally altered to the extent of more than 50% addition in floor area, shall provide one or more off-street truck loading berths, in accordance with the following requirements:

(1) A building whose dominant use is handling and selling goods at retail shall provide loading berths in relation to floor area used for retail purposes as follows:

Floor Area	Loading Berths Required
5,000—10,000 sq. ft.	One
10,000—20,000 sq. ft.	Two
20,000—30,000 sq. ft.	Three
Over 30,000 sq. ft.	Four

(2) Manufacturing, repair, wholesale or warehouse uses shall provide loading berths in relation to total floor areas as follows:

Floor Area	Loading Berths Required
5,000—40,000 sq. ft.	One
40,000—100,000 sq. ft.	Two
Over 100,000 sq. ft.	Three

(3) All other buildings including offices, having over 10,000 square feet of floor area shall provide one loading berth.

(Ord. - -, passed 11-24-80; Am. Ord. 2006-5, passed 3-27-06)

§ 154.45 SPECIAL USE REGULATIONS.

(A) The Board of Appeals by an affirmative two- thirds vote, may, by special permit after public hearing, authorize the location of any of the following buildings or uses in any district, except as herein qualified, from which they are otherwise prohibited by this chapter, provided, however, that appropriate conditions and safeguards shall be imposed to protect the public welfare and to conserve and protect property and property values in the neighborhood.

(1) Landing field or landing strip.

(2) Cemetery or mausoleum.

(3) Circus or carnival grounds, but not within 300 feet of any R District.

(4) Commercial amusement or recreational development for temporary or seasonal periods.

(5) Area for dumping or disposal of trash or garbage.

(6) Riding stable.

(7) Extraction of topsoil, gravel, sand, or other natural resources in urban areas.

(8) Greenhouse or nursery, provided that any such structure shall not be less than 100 feet from all property lines.

(9) Hospital or institution, provided that any hospital or institution permitted in any R District shall be located on a site of not less than five acres, buildings shall not occupy more than 10% of the total lot area and shall be set back from all yard lines at least two feet for each foot of building height. The Town Board may also permit such buildings to exceed the height requirements otherwise established by this chapter.

(10) Private club or building of a public or semipublic organization.

(11) Any public building erected and used by any department of a municipal, county, state or federal government.

(12) Radio or television tower or broadcasting station.

(13) Trailer camp in a C2 Commercial District or within 1,500 feet of the latter, provided such trailer camp shall comply with the following and such additional requirements as may be deemed

necessary for proper development and protection of surrounding area:

(a) All appropriate state and county sanitation regulations shall be strictly observed.

(b) At least 1,500 square feet of lot area per trailer shall be provided; no trailer shall be parked closer to the street or highway than the required front yard setback or closer than 20 feet to any property line; and a clearance of not less than 15 feet shall be maintained between the trailer coaches on all sides.

(d) Service building or other facilities for bathing, laundry and sanitation, as required by the state and local health regulations shall be located at least 20 feet from the side and rear lot lines and shall be accessible to all trailer coaches by means of the access drives or hard-surfaced walks.

(e) Wherever practicable, space shall be reserved for recreation and a playground.

(14) Off-street parking area in an R District when adjoining a C or I District, provided the following standards are met:

(a) No business involving the repair or service to vehicles, or sale or display thereof, shall be conducted from or upon such parking areas.

(b) No structures shall be erected or remain on any portion of the parking area.

(c) No signs shall be erected on the parking area except as approved by the Albany Plan Commission. No signs shall project beyond the property line of the premises.

(d) Parking areas shall be used for the parking of patrons’ private passenger vehicles only and no charge shall be made for parking within such premises.

(e) The parking area shall be set back from the street in accordance with the required front yard of the R District and shall observe a minimum side yard of seven feet on the side of the lot adjoining a dwelling use.

(f) The parking area shall be improved and screened in accordance with standards and requirements established by the Town Board when the permit is granted.

(15) Auto wrecking yard or junk yard, but only when located inside a building or when wholly enclosed by a wooden fence not less than eight feet in height and in which the openings or cracks are less than 15% of the total area.

(16) (a) ADULT ENTERTAINMENT ESTABLISHMENT. A business located in the town that meets any of the following definitions. All definitions contained in the chapter shall be the same as those set forth in § 113.03.

(b) ADULT ARCADE. An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are regularly used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”

(c) ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. A commercial establishment which has a significant or substantial portion of its stock-in-trade or derives 25% or more of its revenues to sale, rental for any form of consideration, or any one or more of the following:

1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”

2. Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.

3. An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing “specified sexual activities” or “specified anatomical areas,” and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe “specified sexual activities” or “specified anatomical areas.”

4. Regardless of the percentage of revenues from adult materials defined herein, any business which devotes any portion of its interior business space or advertising, for any form of consideration or viewing of any of the adult materials defined herein shall be considered to be an “adult bookstore,” “adult novelty store” or “adult video store” as defined by and governed by this chapter.

(d) ADULT CABARET. A nightclub, bar, restaurant, “bottle club,” or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features: (a) persons who appear semi-nude or in a state of semi-nudity; (b) live performances which are characterized by the exposure of “specified sexual activities” or “specified anatomical areas” or by pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”

(e) ADULT MOTEL. A motel, hotel or similar commercial establishment which: (a) offers public accommodations, for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical area” and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television, or (b) offers of a sleeping room for rent for a period of time less than ten hours; or (c) allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten hours.

(f) ADULT MOTION PICTURE THEATER. A commercial establishment, where films, motion pictures, video cassettes, slides or similar photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas” are regularly shown for any form of consideration.

(g) ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of semi-nudity or live performances which are characterized by exposure of “specified anatomical areas” or by “specified sexual activities.”

(h) ESCORT. A person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

(I) ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

(j) MASSAGE PARLOR. Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentation, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with “specified sexual activities,” or where any person providing such treatment, manipulation, or service related thereto, exposes his or her “specified anatomical areas.” The definition of sexually oriented businesses shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor, osteopath, or certified massage therapist, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor, osteopath, or certified massage therapist, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.

(k) SEMI-NUDE MODEL STUDIO. Any place where a person who regularly appears in a state of semi-nudity is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.

(l) SEXUAL ENCOUNTER ESTABLISHMENT. A business or commercial establishment, that as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purposes of “specified sexual activities” when one or more of the persons is semi-nude. The definition of sexually oriented businesses shall not include any establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

(m) Any adult entertainment establishment shall be located in Industrial Reserve (IR) districts.

(n) Any adult entertainment establishment shall be located no less than 1,000 feet from any church, school or other public assembly building or structure. Additionally, the adult entertainment establishment shall be located no less than 800 feet from any occupied residence.

(B) Any proposed special use shall otherwise comply with all the regulations set forth in this chapter for the district in which such use is located.

(C) Community unit plan. The owner or owners of any tract of land comprising an area of not less than ten acres may submit to the Town Board a plan for the use and development of all the tract of land for residential and allied purposes. The development plan shall be referred to the Plan Commission for study and report and for public hearing. Notice and publication of such public hearing shall conform to the procedure prescribed in § 154.09 for hearings on changes and amendments. If the Commission approves the plans, these shall then be submitted to the Town Board for consideration and action. The approval and recommendation of the Commission shall be accompanied by a report stating the reasons for approval of the application and specific evidence and facts showing that the proposed community unit plan meets the following conditions:

(1) That property adjacent to the area included in the plan will not be adversely affected, and to this end the Commission may require, in the absence of an appropriate physical barrier, that uses of least intensity or a buffer of open space or screening be arranged along the borders of the project.

(2) That the plan is consistent with the intent and purposes of this chapter to promote public health, safety, morals and general welfare.

(3) That the buildings shall be used only for single-family dwellings, two-family dwellings or multiple dwellings and the usual accessory uses such as garages, storage space or community activities, including churches.

(4) That the average lot area per family exclusive of the area occupied by streets, shall not be less than the lot area per family required in the district in which the development is located.

(5) That sufficient area is reserved for play and recreational facilities.

(Ord. - -,passed 11-24-80; Am. Ord. 1999-8, passed 5-24-99; Am. Ord. 2006-5, passed 3-27-06)

§ 154.46 NONCONFORMING USES.

(A) A nonconforming use of land existing at the effective date of this chapter may be continued, provided, however, that no such nonconforming use of land shall be in any way expanded or extended either on the same or adjoining property. If such nonconforming use of land or any portion thereof is discontinued, any future use of such land shall be in conformity with the provisions of this chapter.

(B) The lawful use of land for storage purposes which do not conform to the provisions of this chapter shall be discontinued within five years from the date of the approval of this chapter and the same uses of land which become nonconforming by reason of a subsequent change in this chapter shall also be discontinued within five years from the date of the change.

(C) The lawful use of a building existing at the time of the adoption of this chapter may be continued, although such use does not conform with the provisions hereof, and such use may be extended through those parts of the building which were manifestly arranged or designed therefor, provided no structural alterations, except those required by law or ordinance, are made therein. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification. The foregoing provisions shall also apply to nonconforming uses in districts hereafter changed. Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.

(D) No building which has been damaged by fire, explosion, act of God or the public enemy to the extent of more than 60% of its fair market value shall be restored except in conformity with the regulations of this chapter.

(E) In the event that a nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of one year, the use of the same shall thereafter conform to the regulations of the district in which it is located.

(F) No existing building or premises devoted to a use not permitted in this chapter in the district in which such building or premises is located, except when required to do so by law or ordinance, shall be enlarged, extended, reconstructed or structurally altered unless such use is changed to one permitted in the district in which such building or premises is located.