(Ord. 208, passed 12-19-1983; Am. Ord. 11-11, passed 9-19-2011; Am. Ord. 2021-09, passed 7-20-2021) Penalty, see § 155.999

         (a)   The entire length and width of the rights-of-way of open streets, including both the so-called untraveled area (usually but not always unpaved) and the so called traveled area (usually paved), shall also insofar as the nature and configuration of the terrain in any given area permits, be kept free and clear of all structures, railings, pilings, walls, fences, fence posts, barriers and obstructions including but not limited to: logs, planks, timbers, railroad ties, boulders, building blocks, building materials, incinerators, trash-heaps, boats, trailers, disabled or abandoned vehicles, signs or installations, except for the permitted uses in divisions (B), (C), (D) and (E) below.

(Ord. 208, passed 12-19-1983; Am. Ord. 2014-04, passed - -; Am. Ord. 2017-15, passed 12-12-2017) Penalty, see § 155.999

   (A)   No driveway shall be constructed, resurfaced or replaced upon, over, or under the street right-of-way, including the so-called untraveled area as well as the so-called traveled area of the street right-of-way, until a driveway permit to construct, resurface or replace the driveway has been approved and issued by the Building Commissioner in accordance with rules, regulations or ordinances relative thereto and the required permit fee has been paid to the Clerk-Treasurer as provided in § 155.065. No permit shall be required for maintenance of an existing driveway, so long as the same materials are used in the maintenance as the existing driveway and the dimensions of the driveway are not changed.

   (B)   (1)   A driveway shall be constructed at the owner's risk and responsibility.

      (2)   For a distance of two feet from the traveled portion of the right-of-way, each driveway shall be at the same or lower grade and elevation as the traveled portion of the right-of-way.

      (3)   Driveways shall be constructed of a material such as asphalt, concrete, brick, pavers or other similar material as approved by the Building Commissioner. A driveway shall be constructed of materials and in such a manner which prevents sand, stone, cinders or other ground material from being washed, thrown or carried onto public roads.

      (4)   Slag shall not be permitted as a base or surface of a driveway.

      (5)   The driveway in the residential district shall be limited to a width of 16 feet and allowed a five-foot radius at the intersection of the traveled portion of the right-of-way. Further limitations may apply if a driveway is on a slope. A driveway located on or affecting a steep slope is greatly discouraged and will only be permitted in extraordinary cases, see § 155.143. An apron at the garage may be allowed to accommodate up to two cars.

      (6)   No driveway in the residential district, or that is subject to the regulations applicable to the residential district, shall be constructed on or located within a required setback except as permitted in this division. A driveway may be located in 1 of either the front setback or rear setback, or on a corner lot in the side setback abutting the street, as applicable, and may otherwise extend not more than 4 feet into one side setback, or on a corner lot not more than 4 feet into one of the adjoining setbacks (additional limitations apply if the construction of or location of the driveway would affect a steep slope as provided in §§ 155.140 through 155.145).

   (C)   Each driveway shall have constructed and installed a drainage system (e.g. slotted drain into a drywell or culvert) approved by the Town Building Commissioner and Building Committee to prevent storm water runoff from the driveway onto the traveled portion of the right-of-way. Any pipe or trench used must be sloped for self-cleaning with a velocity of three feet per second.

   (D)   Each owner shall, at its sole cost and expense, maintain the drainage system in good working order and repair. If an owner fails or refuses to maintain the drainage system or damage to the town’s right-of-way results from storm water runoff from the owner’s lot, then the town shall have the right but not the obligation to notify and advise the owner in writing.

   (E)   (1)   If the owner fails to maintain or repair the drainage system or fails to repair the damage to the town’s right-of-way within 60 days after receipt of the notice by the owner, the town may enter upon the lot to correct any deficiencies in the maintenance or repair of the drainage system and to repair the damage to the town’s right-of-way.

      (2)   The town may record a lien against the lot with the Recorder of Porter County, Indiana for the town’s costs and expenses (including, without limitation, attorneys fees and expenses), in correcting the deficiencies and making repairs.

   (F)   Interest shall accrue on the amount paid by the town at the highest rate permitted by law from the date payment is made by the town until the date that the owner reimburses the town for its costs and expenses. Upon the town’s receipt of reimbursement for its costs and expenses, the town shall promptly execute, acknowledge and deliver any releases of lien as may be required to release any claim of lien that may have been placed on record.

(Ord. 208, passed 12-19-1983; Am. Ord. 2014-04, passed - -; Am. Ord. 2021-09, passed 7-20-2021; Am. Ord. 2022-07, passed 8-16-2022) Penalty, see § 155.999

      (1)   To preserve the scenic and aesthetic beauty that now exists in the Town of Beverly Shores;

      (2)   To preserve property values in the Town of Beverly Shores;

      (3)   The desirability of eliminating factors which may tend to detract and degrade the community; and

      (4)   To promote the public health, welfare, and safety.

      (1)   Except as otherwise provided in § 155.088, it shall be unlawful for any person to erect, alter, relocate or maintain any permanent sign without first obtaining a sign permit from the Building Committee and making payment of the required fee to the Clerk-Treasurer of the Town of Beverly Shores as provided in § 155.065.

         (a)   No permit or fee shall be required for the display of house numbers; and

         (b)   No permit or fee shall be required for the display of the accessory signs permitted by § 155.088(A)(2).

      (2)   All illuminated signs shall, in addition, be subject to the provisions of the Town of Beverly Shores Building Code and the State of Indiana Administrative Building Code.

      (3)   Except as otherwise provided in § 155.088, it shall be unlawful for any person to place or maintain any temporary sign without first obtaining a temporary sign permit from the Clerk-Treasurer, and making payment of the required fee to the Clerk-Treasurer of the Town of Beverly Shores as provide in § 155.088.

      (4)   Temporary sign permits shall be issued by the Clerk-Treasurer. A temporary sign shall not be posted for more than 60 days, unless a 120 day permit is paid for, or the 60-day permit is renewed.

      (1)   (a)   If the Building Commissioner or Code Enforcement Officer shall find that a sign is unsafe or insecure, or is a menace to the public, or has, subsequent to the effective date of this chapter been constructed or erected in violation of the provisions of this chapter, the Building Commissioner or Code Enforcement Officer shall give written notice to permit holder and the owner of the property on which the sign is located.

         (b)   If the permit holder or the owner of the property on which the sign is located fails to remove, repair or alter the sign so as to comply with the standards required by this chapter within 30 days, the Building Commissioner or Code Enforcement Officer shall cause the removal of the sign and any expense incidental thereto shall be paid by the person, firm or corporation having the ownership or right to possession of the building or structure, or premises where the sign is located.

      (2)   Any sign located on a sign zoning parcel in the Commercial District which is not being put to a commercial use, or that is vacant, for a six month period, shall be taken down and removed by the firm, corporation or person having ownership or right to possession of the building, structure or premises upon which the sign may be found within 30 days after written notification from the Building Commissioner or Code Enforcement Officer. Upon failure to comply with the notice, the Building Commissioner or Code Enforcement Officer shall cause removal of the sign and any expense incident thereto shall be paid by the person, firm or corporation having the ownership or right to possession of the building, structure or premises where the sign is located.

      (1)   No sign shall be attached to any tree, utility pole or other unapproved structure.

      (2)   No sign shall be constructed so as to interfere with or imitate any standard traffic sign or signal nor shall any sign interfere with or obstruct the view of traffic or traffic signs or signals and no sign shall be located on the public right-of-way.

      (1)   All signs shall be maintained in a safe and attractive condition.

      (2)   Any and all signs erected prior to the adoption of this chapter which are not in conformity with the provision of this chapter shall be allowed to continue and exist for a period of 1 year from the date of the adoption of this chapter, after which they shall be governed by this chapter.

(Ord. 208, passed 12-19-1983; Am. Ord. 2018-06, passed 8-21-2018) Penalty, see § 155.999

(Ord. 2021-09, passed 7-20-2021)

   A slope greater than a one-foot vertical rise in a three-foot horizontal plane on a dune which is at least 20 feet in height measured from the lowest point of elevation on the lot. A dune shall meet this definition if it rises or falls continuously at least 20 feet or if it consists of a series of dunes and/or swales on the lot that in the totality rise or fall at least 20 feet from the lowest point of elevation on the lot.

(Ord. 2021-09, passed 7-20-2021)

   (A)   No construction, excavation, digging, grading, change of contour or clear cutting of ground vegetation shall occur on or within ten feet of a steep slope within the town except in compliance with the provisions of this chapter. Septic systems will be excepted if there will be no digging below four feet from the surface of the slope at any point either during or after construction, and the applicant otherwise demonstrates that the proposed septic system as well as the construction related activities are consistent with the intent of this chapter.

   (B)   If there is a steep slope within any setback of a lot, no construction activities, including the removal of trees or vegetation, shall occur within the side or rear yard setbacks which contain any portion of a steep slope.

(Ord. 2021-09, passed 7-20-2021)

   (A)   (1)   The applicant's plans shall utilize areas of the lot that will not affect the steep slope, for example, by utilizing areas that may have been previously cleared or graded for construction. The Committee will recommend adjustments in the applicant's plans in order to protect steep slopes and will condition site plan approval or building permit approval on the applicant utilizing an alternative site on the lot.

      (2)   Any proposed driveway shall be located on the portion of the lot that does not affect the steep slope. A driveway located on or affecting a steep slope is greatly discouraged and will only be permitted in extraordinary cases where the Committee determines that the construction of and placement of the driveway will not adversely impact the steep slope and the plans limit the dimensions of the driveway to minimize the impact, and there is no practicable alternative site on the lot.

   (B)   It is the applicant's burden to demonstrate that there is no practicable alternative site on the lot or adjacent property available to the applicant which would avoid or lessen the impact to the steep slope. The applicant's plans must demonstrate to the Committee that no alternative practicable site exists and that the proposed construction, and location of any structure will not cause damage to the dune, roadway, or surrounding property owners. If the proposed building site, or any preparation for construction, staging or construction activities, excavation, grading or any other activity is on or within ten feet of a steep slope or that disturbs or impacts the steep slope, then no more than 120 cubic yards of sand or soil for septic and no more than 180 cubic yards of sand or soil for the dwelling and all other structures, including a driveway, if permitted, shall be removed, relocated, or added to the dune.

(Ord. 2021-09, passed 7-20-2021)

   (A)   In addition to complying with all the requirements listed in § 155.040, the requirements of § 155.131, and § 155.056 the applicant must produce the information provided in divisions (B) through (E) below.

   (B)   A geotechnical engineering report from an engineer licensed in Indiana, Illinois or Michigan to demonstrate:

      (1)   An accurate estimate of the amount of sand or other material in cubic yards expected to be excavated, graded, filled or transported during the life of the permit, and if excavation is to occur, the location of where the excavated material will be finally deposited;

      (2)   The construction, excavation, digging, grading, change of contour, including of trees and vegetation, site restoration and remediation, contemplated in the applicant's site plan will not damage or interfere with the established slope terrain or slope stability; create erosion; cause water drainage problems; change water drainage or obstruct or retard the flow of water; or threaten the safety of neighboring properties; and

      (3)   A slope stability analysis of the dune including a discussion of the effect of construction and excavation as well as the effect of the location of the structure on the dune.

   (C)   The applicant's plans must show:

      (1)   A site diagram, in scale and adequate detail, that indicates the areas of the site with contours of 0 to 10% slope, greater than 10% to 20%, greater than 20% to 33%, and greater than 33%;

      (2)   A complete description of the area affected during construction or excavation activities;

      (3)   All precautions which will be taken during construction to protect the area;

      (4)   All monitoring which will occur, during construction or excavation;

      (5)   All efforts which will be taken to restore the site after construction to the original slope;

      (6)   All studies conducted on the site to support any conclusions; and

      (7)   A three-dimensional drawing or model of the structure on the proposed site.

   (D)   The applicant's plans shall adapt to and minimize disturbance of the natural terrain, trees and other vegetation both during construction and after construction, including plans for implementing the following storm water controls:

      (1)   The location and placement of structural controls to eliminate soil erosion and sedimentation from areas of the site where construction has disturbed the preconstruction land surface; and

      (2)   Temporary stabilization of the disturbed land surface within five business days of completion of construction to re-vegetate with sod, seed, soil blanket, or implement similar measures followed by permanent stabilization before project completion using measures such as landscaping, retaining walls, hard surfaces, and water flow dissipators.

   (E)   The applicant's plans shall contain landscape enhancement and shall provide for the planting of non-invasive trees and native vegetation designed to stabilize the dune and protect it from future movement.

   (F)   The Committee may require a minimum setback for equipment movement or storage.

(Ord. 2021-09, passed 7-20-2021)

   (A)   It is the applicant's burden to demonstrate to the Committee that it has met the requirements for site approval and the issuance of a building permit for construction on a lot containing a steep slope. If the Committee determines that the applicant has failed to meet its burden, then it shall not approve the site plan or building permit, as applicable. If the application is disapproved, the Building Commissioner shall prepare a report summarizing the concerns and issues resulting from the applicant's plans as related to the steep slope and shall include the report with the records for the site plan application. The Building Commissioner shall maintain records of all actions on site plan applications.

      (2)   The B.Z.A. in its discretion, may also take the following actions:

         (a)   The B.Z.A. may select a licensed Indiana geotechnical engineer from a list of engineers approved by the town, to review the initial engineering reports submitted by the applicant. All costs and professional fees associated with this review shall be paid by the applicant.

         (b)   Approval may be conditioned upon receipt of an insurance policy in the minimum combined single limit coverage amount of $1,000,000 with the named insureds: the Town of Beverly Shores, the builder, the property owner, and adjacent or other affected property owners. If special circumstances exist in the discretion of the B.Z.A., it may require coverage in excess of $1,000,000 up to the amount necessary to protect all the named insureds. The insurance policy shall be approved by the Building Commissioner and shall remain in force for a minimum of one year following granting of the occupancy permit. If there are any issues remaining under the policy after the one-year period and either the town, or any other affected landowner gives notice to the insurance company and the property owner, then the policy shall remain in effect until the remaining issues are resolved.

(Ord. 2021-09, passed 7-20-2021)