Berne City Zoning Code

   (A)   Title. This subchapter shall be known as the commercial architectural review subchapter of the city and may be so cited.

   (B)   Purpose.

      (1)   The Common Council of the city hereby finds that the city has for many years carefully nurtured its Swiss customs and many commercial buildings have been erected and reconstructed to create recognizably Swiss-themed structures, and today the city welcomes all visitors with the warmth of old world charm and Swiss hospitality and that many communities today, including the city are experiencing a widespread, and profitable, ethnic rebirth. Across the country, once dormant small towns and inner-city neighborhoods are organizing new ethnic festivals, rediscovering forgotten recipes and constructing landscapes that reflect the hunger for heritage among contemporary “hyphenated” Americans. Much of this refashioning of ethnicity stems from a heightening self-consciousness of group identity and a new ability to capitalize on the recognizable symbols of that identity. In short, a new ethnic form is emerging, and one that is based on the twin concerns of public memory and tourism. The city recognizes many local efforts to create recognizably Swiss-themed places in its commercial buildings and structures.

      (2)   In addition, the city finds that bizarre, garish or otherwise inappropriate exterior design and appearance of buildings, structures and improvements erected in commercial areas adversely affects the desirability of immediately adjacent and neighboring properties, impairs the benefits of occupancy as to existing properties in such areas, and in the city as a whole, and prevents the optimum use of real estate in the city.

   (C)   Therefore, in order to encourage the construction of attractive buildings which create recognizably themed places by the designation of architectural review districts, to protect and promote the general welfare and to prevent deterioration of the appearance of the city which would tend to create hazards to public health, safety and morals, destroy opportunity for the development of business and industry, and thereby deteriorate taxable land values and commence below levels necessary to finance acceptable levels of municipal services, it is the purpose of this subchapter to provide for the designation of architectural review districts and to establish a Committee to preview the exterior appearance of buildings, structures, and improvements proposed for alteration or erection in such districts and to set standards and procedures to be followed by such Committee.

(Ord. 649, passed 2-10-14)

   (A)   All land areas in the city which are zoned commercial, including corresponding Commercial Planned Unit Zones, (C-l, C-1P, C-2, C-2P, C-3, C-3P), and also uses on any lot, parcel or area of land that are commercial in nature but not zoned commercial (C-l, C-1P, C-2, C-2P, C-3, C-3P) are hereby designated as an architectural review district. Specifically, this shall be interpreted to include any lot, parcel or area of land in residential or industrial zones that are granted special exceptions, special uses, contingent uses or variances that permit commercial uses in such zones.

   (B)   All proposed construction shall be in compliance with all ordinances of the city including specifically the zoning ordinance, site plan ordinance, sign ordinance, commercial architectural review ordinance, and commercial landscape requirements ordinance.

(Ord. 649, passed 2-10-14)

   (A)   No structure, building, or other improvements or other major landscape features surrounding such building, structure or improvement located on any land within any architectural review district shall be erected, reconstructed, altered or restored until the plans for such shall have been reviewed by the architectural review committee. All reconstructions, alterations and restorations that require a permit from the city or that affect the exterior appearance of the structure, building or improvement shall require the review by the Committee. Provided, that the provisions of this subchapter shall not apply to the regular maintenance of the same as opposed to the repainting of a structure or building which results in the complete change of color of the structure or building or a substantial portion thereof which shall be deemed an alteration and not regular maintenance. Erection, reconstruction, alteration or restoration of signs shall be controlled by the sign ordinance of the city.

   (B)   From the date of preview by the architectural review committee of any structure, building, improvements, major landscape features surrounding such building, or structure or improvement located on any land within any architectural review district construction must begin and/or a building permit must be obtained no later than one year thereafter. Failure to meet this deadline will nullify the prior application process and will require a new application to be filed by the applicant.

(Ord. 649, passed 2-10-14)

   (A)   Intent. The intention of the Common Council of the city is that no proposed structure or alteration shall be deemed to be in violation of this subchapter based upon personal preference to taste or choice of architectural design of any person or persons involved in the administration and enforcement of this subchapter. Only the recommendations listed in the divisions below will be considered while evaluating proposed construction.

   (B)   Standards. The following standards shall be considered for applications filed under this subchapter:

      (1)   Typical elements of traditional Bern-area Swiss architecture include low-pitched roofs, expansive roof overhangs, roof materials featuring tile, simulated tile, high profile asphalt shingles, or heavy shakes, stucco or stucco-like wall materials, balconies, scrolled slats, flower boxes, arched doorways, shutters, traditional scrolling or Rococo designs, and stucco color of white or off-white. The Architectural Review Committee may develop more detailed design suggestions and criteria acceptable to the Committee.

      (2)   Whether or not the proposed structure, building or improvement is compatible with existing well-designed structures, acceptable to the Committee, in the vicinity and in the city as a whole.

      (3)   Whether or not, in terms of design, material, texture, color, lighting, landscaping, dimension, line or mass or roof line and height, the proposed structure, building or improvement is designed to serve primarily as an advertisement or commercial display, exhibits exterior characteristics likely to deteriorate rapidly, would be of temporary or short-term architecture or aesthetic acceptability, would be plainly offensive to human sensibilities or would otherwise constitute a reasonable foreseeable detriment to the community.

   (C)   Matrix. The matrix attached to Ch. 152, Appendix D, will be utilized by the Review Committee in determining the incentives received by an applicant filing under this subchapter.

   (D)   Parking lots. All parking lots shall be constructed of either asphalt or concrete, bounded with curb and gutters. Curbs must be fabricated concrete. Specifications must conform to those of the subdivision regulations of the city.

   (E)   Utility service and equipment. In an effort to enhance the aesthetic quality of the commercial community, underground communications and electric service building connection lines are encouraged in architectural review districts. Underground communications and electric service lines may be required.

   (F)   Exterior equipment. Air conditioning, heating, electric generators, exhaust duct, exhaust fans, exhaust blowers, refrigeration equipment and any other equipment located on roof, wall or on site shall satisfy the following requirements:

      (1)   Exterior equipment should be located out of the public view.

      (2)   If the location of equipment must be in public view, a substantial screen, fence and/or landscaping must be used to make the equipment obscure.

   (G)   Waste disposal. In a growing, progressive, commercial community, it is necessary to protect, and to promote the public health, safety and general welfare with aesthetics that will convey to new business and consumers that the city invites and welcomes them to the community. Waste generated by normal business activities and its disposal should be carefully planned to achieve this concept.

      (1)   Waste disposal receptacles are to be located on the site in an area that is not considered the focal point of the complex. Usually this will be in the rear of the building or structure, or to the rear limits of the property. The waste disposal receptacle site must be readily accessible to Fire Department access.

      (2)   Waste disposal receptacles shall be screened from public view by the use of an architectural masonry, brick, ornamental iron or wood closure that is compatible with the aesthetics of the surrounding area. The use of an attractively designed gate is required. Landscaping shall be incorporated in a manner to effectively help obscure the waste disposal receptacle.

      (3)   The location, screening and landscaping of waste disposal receptacles shall be recommended by the architectural review committee.

   (H)   Accessory buildings. Accessory buildings and structures located in an architectural review district shall meet all the requirements set forth in the architectural review subchapter, the International Building Codes, 2006 Edition, as promulgated by the International Code Council, its successors and assigns, and the flood management ordinance.

      (1)   Manufactured buildings and structures, mobile homes, temporary office units, manufactured storage sheds or buildings, trucks, truck trailers, buses and other temporary facilities are not allowed to be used as an accessory building.

      (2)   Temporary facilities may be allowed on commercial construction sites during and up to completion.

(Ord. 649, passed 2-10-14)

   (A)   Any building or structure that is moved within or into the commercial community shall meet, or be made to meet, the requirements set forth in §§ 152.233(C) through (G), as well as all requirements as set out in Ord. 284, as amended.

   (B)   The Zoning Administrator or his/her designee shall make an inspection on the proposed building or structure to be moved. A written report of this inspection shall be submitted to the Architectural Review Committee.

   (C)   An affidavit is required from a certified environmental contractor that the proposed building or structure to be moved is free from asbestos, lead, pesticide, or any other contamination that may be dangerous, harmful, or health concern. This affidavit shall be submitted with the application for approval.

(Ord. 649, passed 2-10-14)

   (A)   Application for review by the Architectural Review Committee for the construction, reconstruction, alteration or restoration of any building in the architectural review district shall be submitted to the Zoning Administrator of the city as specified in the site plan ordinance. There is no fee established for this.

   (B)   Design professional. The application shall be submitted by a design professional who shall be an architect or engineer legally registered under the laws of this state regulating the practice of architecture or engineering, and shall affix his official seal to said drawings, specifications and accompanying data or, in the alternative, by a person approved by the City Plan Director in those applications where no state design release is required.

   (C)   Upon filing of an application, the Zoning Administrator, after determining that the requirements of § 152.233(A) have been satisfied, shall distribute a copy of the application to each member of the Architectural Review Committee. There shall be no application fee charged for filing this application.

(Ord. 649, passed 2-10-14)

   (A)   Establishment. There is established by the city an Architectural Review Committee, consisting of seven persons. The Committee shall be composed of the Zoning Administrator, who shall act as Chairman of the Committee, Mayor, Common Council Member, two citizen members of the City Plan Commission and two other citizens from the general population of the city. The Common Council Member, the two citizen members of the Plan Commission, and the two other citizens shall each serve for a two-year term, or until his/her successor has been appointed. The terms of the initially appointed members shall be staggered with one citizen member of the City Plan Commission and one other citizen member being appointed for an initial term of one year.

   (B)   Appointment of members. The Common Council Member shall be appointed by the Common Council. The citizen members of the Plan Commission shall be appointed by the Plan Commission. The citizen members from the general population shall be appointed by the Mayor.

   (C)   Function of Committee. The function of said Committee is to review site plans, construction plans and implement the provisions of this subchapter and review proposed construction under said procedures and the recommendations established herein. All such procedures shall be approved by the Mayor and Common Council of the city prior to being used.

   (D)   Application review. The Zoning Administrator shall act as the coordinator for the site plan review process and any other required data to be reviewed by the Architectural Review Committee. The Architectural Review Committee may make recommendations with respect to the design, texture, material, color, line, mass dimension or lighting of the building or structure involved. Each member shall review and return the site plan application or other data to the Zoning Administrator along with their written recommendations within five days.

   (E)   Meetings. The Zoning Administrator at his/her discretion may call meetings of the members of the Architectural Review Committee for the purpose of discussing any application. All meetings of the Architectural Review Committee shall be public meetings and subject to Indiana open door provisions. The Zoning Administrator may request the applicant or its representative to be present. Any other party desiring to be heard in support of or in opposition to the application may be allowed to be present by filing a written request with the Zoning Administrator. Testimony shall be strictly confined to the question of whether the proposed construction, reconstruction, alteration or restoration satisfies or does not satisfy the criteria as set out in this subchapter. The Architectural Review Committee shall hear any oral testimony that the Zoning Administrator desires to present.

   (F)   Recommendation. Within 14 days after review, the Zoning Administrator or his/her designee shall provide the applicant a copy of the application indicating the recommendations of the Architectural Review Committee. If the applicant desires clarification of any of the noted recommendations, the applicant shall submit a written request detailing same to the Zoning Administrator, otherwise the applicant shall modify the application accordingly and resubmit the required copies of the application, within 90 days, to the Zoning Administrator.

   (G)   Approval. If the applicant's plans require the approval of a development plan under the city zoning ordinance, the Zoning Administrator shall submit the application to the City Plan Commission for development plan approval at the next scheduled meeting as provided for in the site plan review ordinance.

(Ord. 649, passed 2-10-14)

   (A)   Purpose. The purpose of this section is to provide enforcement of the obligatory provisions of this subchapter (specifically in § 152.233(C) through (G)) pursuant to the provisions of the city zoning ordinance.

   (B)   Enforcement. The City of Berne Police Chief, Fire Marshal/Chief, Zoning Administrator or their designee is directed to enforce all of the provisions of this subchapter in the following manner:

   (C)   Violation. In the event of a violation that the owner refuses to correct, the following action is to be taken:

      (1)   Enforcement official or his or her designee shall complete a “violation form” containing all information of the violation, including address of the owner (if known), description of the violation, city ordinance violated with copy attached, along with any photographs or other evidence of the violation attached.

      (2)   Violation form shall be delivered to the Chief of Berne Police Department with a request for citation (copy attached) to be issued against the violator.

      (3)   The Chief of Police or his or her designee shall execute the citation by personally serving said citation on the violator, requiring appearance of violator at a time and date certain of the Adams County Circuit Court.

(Ord. 649, passed 2-10-14)

   (A)   (1)   Except as otherwise provided herein, any person, whether as principal, agent, owner, lessee, tenant, contractor, builder, architect, engineer or otherwise, who violates any provisions of this chapter shall be guilty of a zoning ordinance violation and shall, upon conviction, be punished by a fine of not less than $100 nor more than $500 for each offense. Each day of the existence of any violation of this chapter shall be a separate offense. In addition, the court may award a reasonable attorney fee in favor of the city against any person violating any provision of this chapter, which shall be deemed an additional penalty hereunder.

      (2)   The erection, construction, enlargement, conversion, moving or maintenance of any building or structure; and the use of any land or structure which is continued, operated or maintained contrary to any provision of this chapter is hereby declared to be a nuisance and a violation of this chapter, in addition to the penalties provided for herein. The Zoning Administrator may institute a suit for injunction in the Circuit or Superior Court of Adams County, to restrain any person or governmental unit from violating any provision of this chapter and to cause any violation to be prevented, abated or removed. This action may be instituted by any property owner who may be especially damaged by the violation of any provision of this chapter, except that the attorney fees provision herein shall not apply to a suit instituted by a private person.

      (3)   In addition to the penalties provided for herein, the city shall be entitled to recover its costs and expenses in enforcing this chapter, including reasonable attorney fees which may be awarded by the court against any person violating any of the provisions of this chapter. The assessment of costs and attorney fees shall be in addition to the fines and penalties provided for herein, except that the expenses of enforcement and attorney fees shall not apply to any action instituted by any private citizen instituting an action for enforcement of this chapter.

      (4)   The remedies provided for in this division (A) shall be cumulative and not exclusive, and shall be in addition to any other remedies provided by law.

   (B)   Failure to obtain a floodplain development permit in the SFHA or failure to comply with the requirements of a floodplain development permit or conditions of a variance shall be deemed to be a violation of §§ 152.185 through 4152.190. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of the Zoning Code for City of Berne, Indiana. All violations shall be punishable by a fine of $100 minimum not to exceed $500.

      (1)   A separate offense shall be deemed to occur for each day the violation continues to exist.

      (2)   The City of Berne, Indiana Planning Commission shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a standard flood insurance policy to be suspended.

      (3)   Nothing herein shall prevent the City of Berne, Indiana from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.

(Ord. 466, §§ 3-11-1, 4-13-15, passed 5-11-98; Am. Ord. 608, passed 9-13-10; Am. Ord. 649, passed 2-10-14)