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Alexandria City Zoning Code

DISTRICT REGULATIONS

§ 155.15 ZONE MAPS; DISTRICT BOUNDARIES.

   (A)   Maps. Two copies of the map captioned “City of Alexandria Zone Map, 1983” are hereby adopted and incorporated by reference into this chapter. These maps are on file and available for public inspection in the office of the Clerk-Treasurer.
(Prior Code, § 153.20)
   (B)   Boundaries. District boundaries shown within the lines of streets, streams, and transportation rights-of-way shall be deemed to follow the center lines. The vacation of streets shall not affect the location of such district boundaries. When the Building Commissioner cannot definitely determine the location of a district boundary by such center lines by the scale or dimensions stated on the Zone Map or by the fact that it clearly coincides with a property line, he or she shall refuse action, and the Board of Zoning Appeals, upon appeal, shall interpret the location of the district boundary with reference to the scale of the Zone Map and the purposes set forth in all relevant provisions of this chapter.
(Prior Code, § 153.22)
(Ord. 907, passed 9-15-1969; Ord. 1162, passed 11-7-1983)

§ 155.16 ZONING DISTRICTS.

   (A)   The city and its unincorporated jurisdictional area are divided into the districts stated in this chapter, as shown by the district boundaries on the zone maps.
   (B)   The districts are:
      (1)   C-1, Conservation;
      (2)   A-1, Agriculture-Residential;
      (3)   R-1, Residential;
      (4)   R-2, Residential;
      (5)   B-1, Business;
      (6)   B-2, Business; and
      (7)   I-1, Industrial.
(Prior Code, § 153.21) (Ord. 907, passed 9-15-1969)

§ 155.17 DISTRICT SUMMARIZATION.

   (A)   Conservation District. The district designated for conservation, C-1, is limited to agricultural, recreational, and certain other open land uses. Residential and related uses are permitted if approved by the Board of Zoning Appeals. The purpose of this district is to prevent intensive development of land that is unsuitable for development because of topography, soil conditions, or periodic flooding.
   (B)   Agriculture-Residential District. The district designated for agriculture-residential use, A-1, is intended to preserve and protect agricultural land from undesirable urban growth while permitting limited residential development on large-size lots which provide adequate space for private water and sewerage facilities. Planned residential subdivisions with smaller-size lots may be approved by the Board of Zoning Appeals if the development provides for common utilities systems and meets the requirements of § 155.27.
   (C)   Residential districts. Districts designated for residential use, R-1 and R-2, are limited to dwellings and public or semi-public uses which are normally associated with residential neighborhoods. The only uses permitted in the residential districts are those which would not detract from the residential character of the neighborhood. The purpose of these two districts is to create an attractive, stable, and orderly residential environment. However, the families per dwelling and the lot and yard requirements are different in the two districts to provide for the various housing needs and desires of the citizens.
   (D)   Business districts. The districts designated for business, B-1 and B-2, are limited to business, public, and certain residential uses. By establishing compact districts for such uses, more efficient traffic movement, parking facilities, fire protection, and police protection may be provided. Industrial uses are excluded in order to reduce the hazards caused by extensive truck and rail movements normally associated with such uses. The purpose of these districts is to provide unified shopping districts conveniently located.
   (E)   Industrial District. The district designated for industry, I-1, provides suitable space for existing industries and their expansion as well as for future industrial development. Performance standards, parking specifications, and yard regulations are set forth in this chapter in order to ensure safe industrial development that is compatible with adjacent uses. The locations of the districts are near railroads or highways in order to meet the transportation needs of industry.
(Prior Code, § 153.23) (Ord. 907, passed 9-15-1969)

§ 155.18 PERMITTED USES.

   (A)   The permitted uses and special exceptions for each district are shown on the following table.
   (B)   Uses given in the following categories shall be according to the common meaning of the term or according to definitions given in § 155.03(A). Uses not specifically listed or defined to be included in the categories under this section shall not be permitted.
Permitted Uses
Special Exceptions (§ 155.51(A))
Permitted Uses
Special Exceptions (§ 155.51(A))
C-1 Conservation District
   1. Agriculture
   1. Single-family dwellings
   2. Public parks and playgrounds
   2. Riding stables
   3. Game preserves
   3. Churches
   4. Essential services
   4. Swimming pools
   5. Accessory uses
   5. Cemeteries
 
   6. Golf courses
 
   7. Water and sewage treatment plants
A-1 Agriculture-Residential District
   1. Agriculture
   1. Noncommercial recreational uses
   2. Single-family dwellings
   2. Nursery schools
   3. Public and parochial schools
   3. Hospitals and clinics
   4. Public parks and playgrounds
   4. Public utility buildings
   5. Churches
   5. Swimming pools
   6. Essential services
   6. Fire stations
   7. Accessory uses
   7. Municipal buildings and libraries
 
   8. Planned unit residential projects
 
   9. Cemeteries
 
   10. Rest homes
 
   11. Mobile home parks
 
   12. Parking lots
 
   13. Golf courses
 
   14. Private clubs
 
   15. Home occupations
 
   16. Greenhouses
 
   17. Water and sewerage treatment plants
R-1 Residential District
   1. Single-family dwellings
   1. Nursery schools
   2. Public and parochial schools
   2. Hospitals and clinics
   3. Public parks and playgrounds
   3. Public utility buildings
   4. Churches
   4. Swimming pools
   5. Essential services
   5. Fire stations
   6. Accessory uses
   6. Municipal buildings and libraries
   7. Golf courses*
   7. Planned unit residential projects
 
   8. Private clubs
 
   9. Parking lots
 
   10. Home occupations
 
   11. Cemeteries
R-2 Residential District
   1. Single-family dwellings
   1. Nursery schools
   2. Two-family dwellings
   2. Hospitals and clinics
   3. Public and parochial schools
   3. Public utility buildings
   4. Churches
   4. Swimming pools
   5. Public parks and playgrounds
   5. Fire stations
   6. Essential services
   6. Municipal buildings and libraries
   7. Accessory uses
   7. Planned unit residential projects
   8. Three-family dwellings
   8. Multiple-family dwellings
 
   9. Rest homes
 
   10. Private clubs
 
   11. Parking lots
 
   12. Home occupations
 
   13. Funeral homes
B-1 Business District
   1. Retail businesses
   1. Research laboratories
   2. Eating and drinking establishments
   2. Theaters
   3. Offices and banks
   3. Planned unit business projects
   4. Personal and professional services
   4. Multiple-family dwellings
   5. Fire stations and municipal buildings
   5. Single-family dwellings
   6. Public parks
   6. Automobile sales, service, and repair
   7. Parking lots
   7. Wholesale business
   8. Essential services
   8. Hotels and motels
   9. Accessory uses
   9. Commercial schools
 
   11. Public utility buildings
 
   10. Commercial recreation
 
   12. Printing shops
 
   13. Churches
 
   14. Public and parochial schools
 
   15. Cleaners and laundries
 
   16. Light glass manufacturing
 
   17. Private clubs
 
   18. Clinics
B-2 Business District
   1. Retail business
   1. Theaters
   2. Eating and drinking establishments
   2. Supply yards
   3. Offices and banks
   3. Commercial recreation
   4. Personal and professional services
   4. Planned unit business projects
   5. Fire stations and municipal buildings
   5. Dairies
   6. Public utility buildings
   6. Single-family dwellings
   7. Parking lots
   7. Multiple-family dwellings
   8. Public parks
   8. Wholesale businesses
   9. Accessory uses
   9. Printing shops
   10. Essential services
   10. Warehouses
   11. Automobile sales, service, and repair
   11. Commercial schools
   12. Hotels and motels
   12. Churches
   13. Cleaners and laundries
   13. Public and parochial schools
   14. Mobile home sales
   14. Hospitals and clinics
 
   15. Funeral homes
 
   16. Farm implement sale, service, repair
 
   17. Mobile home parks
 
   18. Junk or salvage yards
 
   19. Light glass manufacturing
 
   20. Private clubs
I-1 Industrial District
   1. Research and testing laboratories
   1. Motels
   2. Offices
   2. Planned unit industrial projects
   3. Warehouses
   3. Restaurants
   4. Parking lots
   4. Truck and railroad terminals
   5. Light industrial
   5. Supply yards
   6. Essential services
   6. Agriculture
   7. Accessory uses
   7. Fire stations and municipal buildings
   8. Wholesale businesses
   8. Water-sewage treatment plants
 
   9. Grain elevators
 
   10. Junk or salvage yards
NOTES TO TABLE:
*GOLF COURSE means an area of land no less than 120 acres and yard improvements that are predominately used to play the game of golf. A GOLF COURSE consists of 18 holes, each consisting of a teeing area, fair-way, rough, and other hazards and the green with the pin and cup.
 
(Prior Code, § 153.24) (Ord. 1614, passed 10-20-2014; Ord. 2016-46, passed 12-19-2016; Ord. CC 2019-008, passed 10-21-2019)

§ 155.19 LOT AND YARD REQUIREMENTS.

   (A)   The minimum lot area, minimum width of lot, minimum depth of front yard, minimum width of each side yard, and minimum depth of rear yard for each district shall be as shown on the following table.
District
Minimum Lot Area (Sq. Ft.)
Minimum Lot Area Per Family (Sq. Ft.)
Minimum Lot Width (Feet)
Minimum Depth Front Yard (Feet)
Minimum Width Side Yard (Feet)*
Minimum Depth Rear Yard (Feet)*
District
Minimum Lot Area (Sq. Ft.)
Minimum Lot Area Per Family (Sq. Ft.)
Minimum Lot Width (Feet)
Minimum Depth Front Yard (Feet)
Minimum Width Side Yard (Feet)*
Minimum Depth Rear Yard (Feet)*
A-1
40,000
40,000
150
40
20
20
B-1
3,000 for comm. use
4,000 for res. use
4,000
30
0
0
0
B-2
5,000
5,000
50
20
10
5
C-1
40,000
40,000
150
40
20
20
I-1
20,000
N/A
100
30
20
10
R-1
5,500
10,000
70
35
10
10
R-2
4,000
3,500
45
30
8
10
NOTES TO TABLE:
* Principal structure.
 
   (B)   Lots which abut on more than one street shall provide the required front yards along every street.
   (C)   No portion of a principal structure, whether open or enclosed; including garages, porches, carports, balconies, roofs, or platforms above normal grade level; shall project into any minimum front, side, or rear yard. Accessory structures may be located within five feet of the side and rear property lines.
   (D)   Any lot of record existing at the effective date of this chapter and then held in separate ownership different from the adjoining lots may be used for the erection of a structure conforming to the use or regulations of the district in which it is located even though its area and width are less than the minimum requirements of this chapter.
   (E)   In any residential district where at least 25% of the lots in a block are occupied by existing residential structures, the minimum depth of a front yard may be the average of the depths of the front yards of the existing residential structures.
   (F)   (1)   In any business or industrial district hereafter or in any district area where there exists a junk yard, salvage yard, or automobile wrecking yard, at the time of adopting this section, the junk yard, salvage yard, or auto wrecking yard must be completely surrounded by a suitable solid fence or wall at least eight feet in height which shall be continuously maintained by the owner and/or operator.
      (2)   Any and all automobile wrecking yards, junkyards, or salvage yards which are not enclosed and are in existence at the time of the passing of this section shall be surrounded by solid fencing or walls within 180 days of the passage of this section; the fencing or wall is to comply with the requirements set forth herein. In the alternative, said junk, salvage, or auto wrecking yard shall be cleared and all such items of junk or salvage removed within the 180-day period. Each day that a condition of noncompliance exists hereunder shall constitute a violation under § 155.54.
      (3)   Prior to the erection of any fence or wall to be built to comply herewith, the responsible party building said wall or fence shall submit the specifications of type of fence or wall and materials to be utilized in the erection thereof to the City Building Commissioner for a certificate of appropriateness prior to proceeding with the construction thereof.
(Prior Code, § 153.25) (Ord. 907, passed 9-15-1969; Ord. 1213, passed 8-3-1987; Ord. 2022-001-C, passed 6-20-2022)

§ 155.20 HEIGHT REGULATIONS.

   (A)   No principal structure shall exceed 35 feet in height above average ground level, and no accessory building shall exceed 16 feet in height above ground level unless approved by the Board of Zoning Appeals.
   (B)   The Board may authorize a variance to this height regulation in any district if:
      (1)   All front and side yard depths are increased one foot for each additional foot of height; or
      (2)   The structure is any of the following and does not constitute a hazard to an established airport: television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers and scenery lots, cooling towers, ornamental towers and spires, chimneys, silos, elevator bulkheads, smokestacks, conveyors, and flagpoles.
(Prior Code, § 153.26) (Ord. 907, passed 9-15-1969)

§ 155.21 FLOOR AREA.

   No residential structure shall be erected or altered so that its floor area is less than 750 square feet, exclusive of porches, terraces, garages, and exterior stairs. Mobile homes shall have a floor area of at least 500 square feet.
(Prior Code, § 153.27) (Ord. 907, passed 9-15-1969)

§ 155.22 NONCONFORMING USES.

   The following provisions shall apply to all nonconforming uses.
   (A)   A nonconforming use may be continued but may not be extended, expanded, or changed, unless to a conforming use, except as permitted by the Board of Zoning Appeals in accordance with the provisions of this chapter.
   (B)   Any nonconforming structure damaged by fire, flood, explosion, or other casualty may be reconstructed and used as before if such reconstruction is performed within 12 months of such casualty and if the restored structure has no greater coverage and contains no greater cubic content than before such casualty.
   (C)   In the event that any nonconforming use conducted in a structure or otherwise ceases, for whatever reason, for any period of one year or is abandoned for any period, such nonconforming use shall not be resumed.
(Prior Code, § 153.28) (Ord. 907, passed 9-15-1969)

§ 155.23 ACCESSORY USES.

   (A)   Accessory uses and structures such as private garages, tool sheds, fences, retaining walls, and landscaping are permitted in all districts in conjunction with a primary use or structure provided the accessory use does not change the character of the district in which it is located.
   (B)   The accessory structures authorized hereunder shall not include trailers, mobile homes, or any other structure or containment system originally created or manufactured for some purpose other than that purpose for which the accessory use is intended. Accessory uses require a permit prior to construction or placement.
      (1)   Fences may be permitted as an accessory use upon the following.
         (a)   Fences may not be greater than eight feet in height and must be oriented such that the non-exposed post side, good side, of the fence will face outward from the property.
         (b)   No fence shall be constructed so as to obstruct or restrict vehicular line of sight to a street or an intersection.
         (c)   If the location of the fence is agreed upon by the neighbor regarding the location of such fence with the property line, a written statement to that fact must be furnished to the Building Commissioner.
         (d)   If the property line is not established, a survey must be obtained.
         (e)   If the property line is established and the neighbor disagrees with the location of the property line, said fence must be set back four to six inches from the property line.
         (f)   Prior to acquiring a building permit, a drawing/sketch must be provided to the Building Commissioner to show the location of the fence in regard to the property line.
         (g)   Nothing contained herein shall be construed to add to or detract from state law regarding adverse possession and/or acquiescence.
         (h)   All fencing must receive a permit regardless of the cost of the project.
      (2)   A private swimming pool may be permitted as an accessory use if it is surrounded by a wall or fence at least five feet high so as to prevent uncontrolled access by children.
   (C)   A mobile home may be permitted as an accessory use in the A-1 district if it is in conjunction with an existing permanent dwelling unit situated on at least one acre of land and if the mobile home is occupied by a relative or employee of the family resident in the permanent dwelling unit.
(Ord. 1564, passed 8-2-2010).

§ 155.24 OFF-STREET PARKING AND LOADING.

   (A)   Off-street parking.
      (1)   Off-street parking spaces shall be provided in accordance with the specifications in this section in all districts (except the B-1, Business District) whenever any new use is established or existing use is enlarged.
Use
Parking Spaces Required
Use
Parking Spaces Required
Bowling alleys
5 for each alley
Church and school
1 per 6 seats in principal assembly room
Hospitals and rest homes
1 per 3 beds and 1 for each 2 employees on the maximum shift
Hotels and motels
1 for each living or sleeping unit
Industrial
1 for each two employees on the maximum working shift
Private club or lodge
1 per 4 members
Professional offices, wholesale houses, and medical clinics
1 for every 250 sq. ft. of floor space
Recreational or assembly places, like dance halls and night clubs, and funeral homes
1 for every 100 sq. ft. of floor space
Residential
2 per dwelling unit
Retail businesses, eating and drinking places, and personal service establishments
1 for every 100 sq. ft. of floor space
Theater
1 per 4 seats
 
      (2)   Parking spaces may be located on a lot other than that containing the principal use with the approval of the Board of Zoning Appeals.
      (3)   Any off-street parking lot for more than five vehicles shall be graded for proper drainage and surfaced so as to provide a durable and dustless surface.
      (4)   Any lighting used to illuminate any off-street parking lot shall be so arranged as to reflect the light away from adjoining premises in any residential district.
(Prior Code, § 153.30)
   (B)   Off-street loading. Every building which requires the receipt of distribution by vehicles of material or merchandise shall provide off-street loading berths of a size and arrangement appropriate for the types of vehicles utilizing this space. In no case will loading or unloading be permitted within the public rights-of-way.
(Prior Code, § 153.37)
(Ord. 907, passed 9-15-1969)

§ 155.25 MOBILE HOME PARKS.

   Mobile home parks, where permitted, shall be in accordance with the Mobile Home Parks Act of 1955, as amended; the State Board of Health regulations, as amended; and the requirements of this section.
   (A)   The minimum area of a mobile home park shall be five acres.
   (B)   Each mobile home site within the mobile home park shall have a minimum area of 3,600 square feet.
   (C)   Each mobile home site shall have a minimum width of 40 feet.
   (D)   Not less than 10% of the gross area of the mobile home park shall be improved for recreational activities for the residents of the park.
   (E)   The mobile home park shall be appropriately landscaped and screened from adjacent properties.
   (F)   The mobile home park shall meet all applicable requirements of Chapter 153.
   (G)   Coin-operated laundries, laundry and dry-cleaning pick-up stations, and other commercial convenience establishments may be permitted in mobile home parks provided they meet the following requirements.
      (1)   They are subordinate to the residential character of the park.
      (2)   They are located, designed, and intended to serve only the needs of persons living in the park.
      (3)   The establishments and the parking areas related to their use shall not occupy more than 10% of the total area of the park.
      (4)   The establishments shall present no visible evidence of their commercial nature to areas outside the park.
   (H)   Each mobile home site shall be provided with a stand consisting of either a solid concrete slab or two concrete ribbons of a thickness and size adequate to support the maximum anticipated loads during all seasons. When concrete ribbons are used, the area between the ribbons shall be filled with a layer of crushed rock.
(Prior Code, § 153.31) (Ord. 907, passed 9-15-1969)

§ 155.26 MANUFACTURED HOUSING.

   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      MANUFACTURED HOME. A dwelling unit fabricated on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site bearing a seal certifying that it is built in compliance with the federal Manufactured Housing Construction and Safety Standards Code, being 24 C.F.R. part 3280, or I.C. 22-11-1-1, as promulgated by the State Administrative Building Council (now repealed and superseded by I.C. 22-12-2).
      MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS CODE. Title IV of the 1974 Housing and Community Development Act, 42 U.S.C. §§ 5401 et seq., as amended (previously known as the Federal Mobile Home Construction and Safety Act), and the rules and regulations adopted thereunder which include the U.S. Department of Housing and Urban Development-approved information supplied by the home manufacturer and regulations and interpretations of said code by the State Administrative Building Council.
      ONE- AND TWO-FAMILY DWELLING CODE, STATE. The mandatory statewide Building Code adopted by the State Administrative Building Council for one- and two-family residential dwellings.
      SECTION. A unit of manufactured home at least 14 feet in width and 30 body feet in length.
      SPECIAL EXCEPTION PERMIT. A device for permitting a use within a district other than a principally permitted one.
   (B)   Compatibility standards for manufactured housing.
      (1)   The main body of the house shall be a rectangle.
      (2)   The main roof shall be pitched rather than flat.
      (3)   The house shall face the street and, ordinarily, the long axis shall be parallel to the street.
      (4)   The exterior walls shall look like wood or masonry regardless of their actual composition.
      (5)   The main roof shall be shingled.
      (6)   The foundation shall form a complete enclosure under exterior walls.
      (7)   Apparent bulk shall be about the same throughout the neighborhood. An occasional larger house shall be permitted, but none shall be permitted that look substantially smaller than the general run.
   (C)   Permitted placement. The establishment, location, and use of manufactured homes as scattered-site residences shall be permitted in any zone permitting installation of a dwelling unit subject to requirements and limitations applying generally to residential uses in the district and provided those homes shall meet the following requirements and limitations.
      (1)   The home shall meet all requirements applicable to single-family dwellings and possess all necessary improvements, building and occupancy permits, and other certification required by this chapter.
      (2)   The home shall be of double-section construction and meet the minimum square footage requirements for the appropriate zone.
      (3)   The home shall be attached and anchored to a permanent foundation in conformance with the regulations in the state’s One- and Two-Family Dwelling Code and with the manufacturer’s installation specifications.
      (4)   The home shall be covered with an exterior material customarily used on site-built residential dwellings. The material shall extend over the top of the foundation or meet the city’s site-built residential dwelling home standards.
      (5)   The home shall have a roof composed of a material customarily used on site-built residential dwellings; such as asbestos, fiberglass, shake, asphalt, or tile; which shall be installed onto a surface appropriately pitched for the materials used.
   (D)   Placement with permit. Any person placing manufactured housing in R-1 and R-2 districts shall obtain a special exception permit from the Board of Zoning Appeals.
   (E)   Removal. Any home sited upon property in violation of this section shall be subject to removal from such property. However, the home owner shall be given a reasonable opportunity to bring the property into compliance with this section before the home is removed. If the home is removed, all expenses incurred shall constitute a lien against the property.
   (F)   Removal method. The Commission or its designated administrator may institute a suit in an appropriate court for injunctive relief to cause any violation to be prevented, abated, or removed.
(Prior Code, § 153.32) (Ord. 907, passed 9-15-1969) Penalty, see § 155.99
Statutory reference:
   Related provisions, see I.C. 22-11-1-1 and 22-12-2

§ 155.27 PLANNED UNIT RESIDENTIAL, BUSINESS, AND INDUSTRIAL PROJECTS.

   (A)    Planned unit developments shall be reviewed, approved, and amended in accordance with I.C. 36-7-4-1501, et. al.
   (B)   Planned unit developments are intended to encourage original and imaginative development and/or subdivision design which preserve the natural amenities of the site and provide for the general welfare of the city.
   (C)   After the planned unit development is approved, all development, construction, design standards, and use shall be in accordance with that plan, unless the plan is subsequently amended in accordance with Indiana law.
   (D)   Planned unit development requirements shall include:
      (1)   Properties adjacent to the unit plan shall not be adversely affected.
      (2)   In planned unit residential projects, the minimum lot and front/side yard requirements may be reduced; however, the average density of dwelling units in the total unit plan shall not be higher than that permitted in the district in which the plan is located.
      (3)   In planned unit business and industrial projects, the minimum lot and front/side yard requirements may be reduced; however, the total land area of the unit plan shall equal the accumulative lot area requirements of each use or structure contained within the unit plan.
      (4)   When possible, the unit plan shall seek to reserve land suitable for the common use of the public or the owners in a particular development. This may be accomplished by dedication, covenant, or easement. This land may be for future public facilities, for recreational or scenic open space, or for a landscaped buffer zone as approved by the Plan Commission.
      (5)   The use of the land shall not differ substantially from the uses permitted in the district in which the plan is located except that limited business facilities intended to serve only the planned unit residential project area and fully integrated into the design of the project may be considered, and multiple-family dwellings may be considered in single-family residential districts if they are so designed and sited that they do not detract from the character of the neighborhood in which they occur.
      (6)   The unit plan shall be consistent with the purpose of this chapter.
   (E)   Any development contrary to the approved unit plan shall constitute a violation of this chapter.
(Prior Code, § 153.33) (Ord. 907, passed 9-15-1969; Ord. 2024-004-C, passed 3-18-2024) Penalty, see § 155.99

§ 155.28 TEMPORARY STRUCTURES.

   Temporary structures used in conjunction with construction work, seasonal sales, or emergencies may be permitted by the Board of Zoning Appeals if the proposed site is acceptable and neighboring uses are not adversely affected. They shall be removed promptly when their function has been fulfilled. Permits for temporary structures may be issued for a period not to exceed six months. Residing in basement or foundation structures shall not be permitted.
(Prior Code, § 153.34)

§ 155.29 SIGNS.

   (A)   In any district, a sign not exceeding two square feet in surface size is permitted which announces the name, address, or professional activity of the occupant of the premises on which said sign is located.
   (B)   A bulletin board not exceeding 24 square feet is permitted in connection with any church, school, or similar public building.
   (C)   A temporary real estate or construction sign of reasonable size is permitted on the property being sold, leased, or developed. Such sign shall be removed promptly when it has fulfilled its function.
   (D)   Business signs shall be permitted in connection with any legal business or industry when located on the same premises and if they meet the following requirements.
      (1)   Signs shall not contain information or advertising for any product not sold or produced on the premises.
      (2)   Signs shall not have an aggregate surface size greater than five square feet for each foot of width of the principal structure on the premises.
      (3)   Signs shall not project over public rights-of-way.
      (4)   Signs shall not be illuminated in any manner which causes undue distraction, confusion, or hazard to vehicular traffic.
   (E)   Fees for displaying permanent signs are based on current state-approved amounts and/or as set by City Council from time to time.
(Prior Code, § 153.35) (Ord. 1256, passed 3-5-1990; Ord. 1367, passed 11-18-1996; Ord. 1565, passed 8-2-2010)

§ 155.30 ADVERTISING SIGNS.

   (A)   Definition. OFF-PREMISES OUTDOOR ADVERTISING SIGN is a sign, including the supporting sign structure, which is visible from a street or highway and advertises goods or services not usually located on the premises and/or property upon which the sign is located; also called a BILLBOARD. The following shall not be considered an OFF-PREMISES SIGN for the purposes of this section:
      (1)   Directional or official signs authorized by law;
      (2)   Real estate signs; and
      (3)   On-premises signs (those physically located on the owner’s property).
   (B)   General provisions. There shall be no off-premises outdoor advertising signs within the city except as provided herein.
   (C)   Legal, nonconforming advertising. An off-premises, outdoor advertising sign and supporting structure which is located within the city on the date of the adoption of this section is eligible for characterization as a legal, nonconforming advertising structure and is permitted provided it also meets the following requirements.
      (1)   The off-premises, outdoor advertising sign and its supporting structure was, in all respects, in conformity with all applicable laws prior to the adoption of this section.
      (2)   The individual advertising structure has been at its particular location for the duration of its normal life, subject to customary maintenance.
      (3)   A pre-existing advertising structure covered by a grandfather clause which does not comply with the provisions of this chapter has the status of legally nonconforming sign.
      (4)   Any nonconforming sign which does not fit the definition of a legal, nonconforming sign is an unlawful sign. Subject to the provisions hereunder, a legal, nonconforming sign shall retain such status subject to normal maintenance and reduction.
      (5)   A legally nonconforming, off-premises, outdoor advertising sign shall immediately lose its nonconforming designation if one or more of the following conditions are met.
         (a)   The advertising structure is relocated.
         (b)   More than 60% of the complete advertising structure is destroyed or replaced.
         (c)   The condition under which the advertising structure was placed has expired such as the termination of its lease.
         (d)   The advertising structure is not kept in good repair and/or in safe condition or ceases to display advertising matter and said conditions continue for six months.
         (e)   The advertising structure is altered to the following extent:
            1.   Sign face is increased;
            2.   Size of the advertising structure is increased; and
            3.   Use changes.
      (6)   In order to maintain and continue a legally nonconforming advertising structure, the following conditions apply.
         (a)   The advertising sign structure must have been actually in existence, as distinguished from contemplated, at the time this section became effective (such as a lease or agreement with the property owner) and must continue to be lawfully maintained.
         (b)   If a legally nonconforming advertising structure or portion of a structure becomes physically unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt.
         (c)   The advertising structure must remain substantially the same as it was on the effective date with the provisions of this section as amended. Reasonable repair and maintenance of the advertising sign structure, including a change of advertising message, is not a change which would terminate nonconforming rights.
         (d)   The legally nonconforming advertising structure and/or sign may be sold, leased, or otherwise transferred without affecting its status, but its location may not be changed.
         (e)   A legally nonconforming advertising sign structure removed as a result of a right-of-way taking or for any other lawful government purpose may be relocated, as approved by the Board of Zoning Appeals but cannot be reestablished at a new location as a nonconforming use.
         (f)   On any legally nonconforming advertising structure or portion of a structure containing a nonconforming sign, work may be done in any period of 12-consecutive months on ordinary repairs or on repair or replacement to an extent not to exceed 10% of the annual replacement cost of the legally nonconforming advertising structure or legally nonconforming portion of the structure, whichever the case may be, provided that the sign area existing when it became legally nonconforming shall not be increased.
         (g)   Any and all permits issued pursuant to this chapter shall be renewed every six months on or before the anniversary date of the prior permit.
      (7)   As an exception, the legally nonconforming advertising structure may continue as long as it is not destroyed, abandoned, or discontinued. An exception may be made for a nonconforming advertising structure destroyed due to vandalism and other criminal or tortious acts.
         (a)   Any legally nonconforming advertising structure which, for a designated period of time of six months, displays obsolete advertising matter or is without advertising matter or is in need of substantial repair may constitute abandonment or discontinuance. Similarly, a nonconforming advertising structure damaged in excess of 60% of its replacement cost shall be considered destroyed.
         (b)   Where an existing legally nonconforming advertising structure ceases to display advertising matter for a period of six months and where new content is not put on a structure within 30 days after the passage of the designated period of time of six months, the use of the structure as a nonconforming outdoor advertising sign structure is terminated and shall constitute an abandonment or discontinuance. This established period may be waived for an involuntary discontinuance such as the closing of a local road or state highway for repair in front of the advertising sign structure.
   (D)   Variances.
      (1)   The Board of Zoning Appeals is authorized to grant variances from the exclusion of off-premises signs upon facts and circumstances as they deem appropriate on a per-application basis at a non-refundable cost based on current state-approved amounts and/or as set by City Council from time to time. Any variance granted herein shall be valid for only one year unless renewed with a non-refundable renewal fee based on current state-approved amounts and/or as set by City Council from time to time. Additionally, it is a general statement of policy that off-premises signs should not be closer to each other than 1,500 feet.
      (2)   Any application for a variance authorized pursuant to this division (D)(2) shall be accompanied by an INDOT permit, if the location is to be on a state highway, together with a copy of the lease from the landlord granting the applicant permission to place a sign at that particular location.
(Ord. 1545, passed 6-1-2009)

§ 155.31 HOME OCCUPATION.

   A home occupation may be permitted as a special exception if it complies with the requirements of this section.
   (A)   The home occupation shall be carried on by a member of the family residing in the dwelling unit with not more than one employee who is not part of the family.
   (B)   The home occupation shall be carried on wholly within the principal or accessory structures.
   (C)   Exterior displays or signs other than those permitted under § 155.29(A), exterior storage of materials, and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted.
   (D)   Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced.
   (E)   The home occupation shall not create any traffic or parking problems.
(Prior Code, § 153.36) (Ord. 907, passed 9-15-1969)