Brazil City Zoning Code

ZONING CODE

§ 155.140 SHORT TITLE.

This subchapter shall be known and may be cited hereafter as the Zoning Code of the city.

(Prior Code, § 156.140) (Ord. 12-1964, passed 8-11-1964)

§ 155.141 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABUTTING. Bordering.

ACCESSORY BUILDING AND USE. A building or use subordinate to another structure or use located on the same lot and which does not change or alter the character of the premises and which is not used for human occupancy; such as public utility installation, electric distribution and secondary power lines, gas, water and sewer lines, their supports and poles, guy wires, small transformers, wire or cable, incidental equipment and public telephone booths.

AGRICULTURE. The art of science of cultivating the ground and raising and harvesting crops, also often including feeding, breeding and management of livestock; tillage, husbandry; farming; in a broader sense, the science and art of the production of plants and animals useful to humans, including to a variable extent the preparation of these products for humans’ use and their disposal by marketing or otherwise. In this broad use it includes farming, horticulture, forestry, dairying and sugar making.

AIRPORT. A use devoted to the take-off, landing and storing of aircraft.

ALLEY. A permanent public service way providing a secondary means of access to abutting lands.

ALLEY LINE. A lot line bordering on an alley.

ALTERATION. Any addition, removal, extension or change in the construction or occupancy of any existing building or structure.

APARTMENT. A building or portion thereof designed for or occupied by more than two families; a multi-family dwelling.

AUTOMOBILE OR TRAILER SALES AREA. An open area, other than a street, used for the display, sale or rental of new or used automobiles or trailers, and where no repair work is done, except minor incidental repair of automobiles or trailers to be displayed, sold or rented on the premises.

BASEMENT. A story, wholly or partly underground, which unless subdivided into rooms and used for tenant purposes, shall purposes of height measurement.

BLOCK. A unit or property bounded by streets, or by streets and railroad rights-of-way, waterways or other barriers.

BLOCK FRONTAGE. Property having frontage on one side of a street and lying between the two nearest intersecting streets, or nearest intersecting street and railroad right-of-way, waterway or other barrier.

BOARD. The Board of Zoning Appeals.

BOARDING HOUSE or LODGING HOUSE. A building where meals are regularly served for compensation for three or more persons, but not exceeding 12 persons, not open to transients, in contradistinction to hotels and restaurants open to transients.

BUILDING. A structure having a roof supported by columns or walls, for shelter, support, enclosure or protection of persons, animals, chattels or other property. When separated by party walls, without opening through walls, each portion of a BUILDING shall be considered a separate structure.

BUILDING AREA. The maximum horizontal projected area of the principal and accessory building, excluding open steps or terraces, unenclosed porches not exceeding one story in height or architectural appurtenances projecting not more than two feet.

BUILDING, DETACHED. A building having no structural connection with another building.

BUILDING, FRONT LINE OF. The line of the face of the building nearest the front lot line.

BUILDING, HEIGHT OF. The vertical distance measured from the lot ground level to the highest point of the roof for a flat roof; to the deck line of a mansard roof; and to the mean height between eaves and ridges for gable, hip and gambrel roofs.

BUILDING LINE or BUILDING SETBACK LINE. The line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of a building or structure and the front lot line.

BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which the building is situated. Where a substantial part of an accessory building is attached to the PRINCIPAL BUILDING in a substantial manner, as by a roof, an accessory building shall be counted as a part of the PRINCIPAL BUILDING.

BUSINESS. The engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services, the maintenance or operation of offices or recreational and amusement enterprises for profit.

CAMP, PUBLIC. Any area or tract of land used or designed to accommodate two or more camping parties, including cabins, tents or other camping outfits.

CEMETERY. Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of a CEMETERY.

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

COMMERCIAL FARM ENTERPRISE. An operation or use inherent to or closely associated with a farm or agriculture, such as the buying, selling or distribution of livestock, farm or agricultural products; or products essential to farm operation; but not including industrial grain elevators, industrial mills, abattoirs, commercial hatcheries and poultry processing plants, the manufacture of commercial fertilizers and similar enterprises which are of an industrial nature.

COMMISSION. The Plan Commission.

COMPREHENSIVE MASTER PLAN. The complete plan or any of its parts for the development of the city, prepared by the Plan Commission and adopted in accordance with I.C. 36-7-4-700, as is now or may hereafter be in effect.

DECIBEL. A unit of measurement of the intensity of loudness of sound. Sound level meters are used to measure intensities and are calibrated in DECIBELS.

DEVELOPMENT PLAN. A drawing, including a legal or site description, of the real estate involved, which shows the location and size of the following, both existing and proposed: All buildings, structures and yards; location and dimensions of building lines and easements; widths and lengths of all entrances and exits to and from real estate; location of all adjacent or adjoining streets, service facilities and other improvements such as planting areas.

DEVELOPMENT PLAN, RESIDENTIAL. A plan proposed to use a tract of land for residential development in accordance with the requirements of this subchapter, even though the use of the land, the location of the buildings to be erected in the area, and the yards and open spaces provided in the plan do not conform in certain respects to the regulations for the district in which the residential development is proposed to be located.

DISTRICT. A section of the territory within the jurisdiction of the Plan Commission for which uniform regulations governing the use, height, area, size and intensity of the use of buildings and land, and open spaces about buildings, are herein established.

DWELLING. A building or portion thereof, used primarily as a place of abode for one or more human beings, but not including hotels, motels, lodging or boarding houses or tourist homes.

DWELLING UNIT. A dwelling or portion of a dwelling used for one family for cooking, living and sleeping purposes.

EDUCATIONAL INSTITUTION. Public or parochial preprimary, primary, grade, junior high, high preparatory school or academy; or a junior college, college or university, if public or founded or conducted by under the sponsorship of a religious or charitable organization.

FAMILY. One or more persons occupying a building and living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, nurses home, fraternity or sorority house.

FARM. A tract of land comprising an area which is devoted to agricultural operations, such as forestry, the growing of crops, pasturage, the production of livestock and poultry, the growing of trees, shrubs and plants and other recognized agricultural pursuits and including accessory buildings essential to the operation of the farm. Accessory buildings may include: Barns; equipment and animal sheds; farm residences for the owner, operator or farm assistants; roadside sales structure for the sale of products of the farm; and signs displaying subject matter directly related to the name or the products of the particular farm; but not including industrial or commercial operations or structures.

FILLING STATION. Any building, structure, premises, enclosure or other place used for the dispensing, sale or offering for sale at retail of fuels or oils for motor vehicles. When the dispensing, sale or offering for sale is incidental to the conduct of a public garage, the premises shall be classified as a public garage.

FLASH POINT. The lowest temperature at which a combustible liquid under prescribed conditions will give off a flammable vapor which will burn momentarily using the closed cup method.

FLOOR AREA, GROUND. The square foot area of a residential building within its largest outside dimensions computed on a horizontal plane at the ground floor level exclusive of open porches, breezeways, terraces, garages and exterior stairways.

FLOOR AREA, NET. The total area, computed on a horizontal plane, used for a particular business category; exclusive of entrances, hallways, stairs and other accessory areas used for ingress or egress.

FREE BURNING. A rate of combustion described by a material which burns actively and easily supports combustion.

FRONTAGE. All 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 with capacity for not more than three motor vehicles per family, not more than one of which may be a commercial vehicle of not more than three tons capacity. A garage designed to house one or two motor vehicles for each family housed in a multi-family dwelling shall be classed as a PRIVATE GARAGE.

GARAGE, PUBLIC. Any building, except those defined herein as a private garage, used for the storage or care of motor vehicles, or where vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.

GRADE or LOT GROUND LEVEL. For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street. For buildings having walls adjoining more than one street, the average of the elevation of the sidewalk at the center of all walls adjoining streets. For buildings having no wall adjoining the street, the average level of the ground adjacent to the exterior walls of the building. Any wall approximately parallel to and not more than five feet from a street line is to be considered as adjoining the street.

GROUP HOUSE. A group of dwellings constructed in a row, with the dwelling units separated by vertical party walls without openings. A multi-family dwelling.

HARDSHIP. A perceived difficulty with regard to one’s ability to improve land stemming from the application of development standards of this subchapter, which may or may not be subject to relief by means of variance. In and of themselves, self-imposed situations and claims based on a perceived reduction of our restriction on economic gain shall not be considered HARDSHIP. Self-imposed situations include: The purchase of land with actual or constructive knowledge that, for reasons other than physical characteristics of the property, the development standards herein will inhibit the desired improvement initiated in violation of the standard of this subchapter; and any results of land division requiring variance from development standards of this subchapter in order to render the site buildable.

HOME OCCUPATION. Any use conducted entirely within a dwelling and participated in solely by members of the family, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof and in connection with which there is no commodity sold on the premises except that which is produced thereon; provided, that no sign other than a nameplate is attached to the building.

HOSPITAL. An institution licensed by the State Department of Health and providing health services primarily for in-patient medical or surgical care of the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central service facilities and staff offices which are an integral part of the facility; provided, that the institution is operated by, or treatment is given under direct supervision of a licensed physician. Types of HOSPITALS include general, mental, chronic disease and allied special hospitals such as cardiac, contagious disease, maternity, orthopedic, cancer and the like.

HOTEL. A building in which lodging is provided and offered to the public for compensation and which is open to transient guests, in contradistinction to a boarding or loading house.

IMPROVEMENT LOCATION PERMIT. A permit signed by the Planning Administrator stating that a proposed improvement complies with the provisions of this chapter and other ordinances as may be applicable.

INDUSTRIAL PARK. A single structure or group of structures for industrial operations forming a comprehensive arrangement of buildings, grounds and access ways planned in accordance with harmonious principles of architectural and landscape architectural design and industrial management.

INTENSE BURNING. A rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly.

JUNK YARD. Any place at which personal property is or may be salvaged for reuse, resale or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or assorted, including, but not limited to, used or salvaged base metal or metals, their compounds or combinations, used or salvaged rope, bags, papers, rags, glass, rubber, lumber, millwork, brick and similar property, except animal matter, and used motor vehicles, machinery or equipment which is used, owned or possessed for the purpose of wrecking or salvaging parts therefrom.

JURISDICTION OF THE COMMISSION. The territory for planning and zoning within the jurisdiction of the City Plan Commission.

KENNEL. Any lot on which four or more dogs, or small animals, at least four months of age are kept.

LOADING AND UNLOADING BERTHS. The off-street area required for the receipt or distribution by vehicles of material or merchandise, which in this chapter is held to be a 12 by 45-foot loading space with a 14-foot height clearance; 50% of the lot width prescribed for the district in which the lot is located. It may be a single parcel separately described in a deed or plat which is recorded in the office of the Recorder of the county, or it may include parts of, or a combination of parcels when adjacent to one another and used as one. In determining lot area and boundary lines no part thereof within the limits of a street or place shall be included.

LOT, CORNER. A lot at the junction of and abutting two or more intersecting streets.

LOT COVERAGE. The percentage of the lot area covered by the building area.

LOT, DEPTH OF. The mean horizontal distance between the front lot line and the rear lot line of a lot, measured in the general direction of the side lot line.

LOT, INTERIOR. A lot other than a corner lot or through lot.

LOT LINE, FRONT. In the case of an interior lot, a line separating the lot from the street or place; and in the case of a corner lot a line separating the narrowest frontage of the lot from the street, except in cases where deed restrictions in effect specify another street right-of-way line as the front lot line.

LOT LINE, REAR. A lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular-shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the lot line.

LOT LINE, SIDE. Any boundary line not a front lot line or a rear lot line.

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, or a parcel of land, the deed to which has been recorded in the office of the County Recorder, on or before the date of passage of this chapter.

LOT, REVERSED INTERIOR. An interior lot, the front lot line of which is formed by a street, which street also forms the side lot line of an abutting corner lot. The corner lot is considered abutting even though separated from the interior lot line by an alley.

LOT, THROUGH. A lot having frontage of two parallel or approximately parallel streets.

LOT WIDTH. The dimension of a lot, measured between side lot lines on the building line.

MOBILE HOME. Any vehicle either self-propelled or propelled by means of being attached to a motor vehicle, which may be used as a place of abode or sleeping place by one or more persons, and which has no foundation other than the wheels required for its movement from one place to another.

MOBILE HOME PARK. An area of land on which two or more mobile homes are harbored for the purpose of being occupied either free of charge or in consideration of the payment of rental for the mobile home or the site on which it rests, and within which area a mobile home may be supported either by its wheels or by a foundation of any sort.

MODERATE BURNING. A rate of combustion described by a material which supports combustion and is consumed slowly as it burns.

MOTEL. Any building or detached building used as dwelling units containing bedroom, bathroom and closet space, and each unit having convenient access to a parking space for the use of the unit’s occupants. The units, with the exception of the apartment of the manager or caretaker, are devoted to the use of automobile transients.

NURSING HOME. A facility licensed by the State Board of Health, which provides nursing services on a continuing basis; admits the majority of the occupants on the advice of physicians as ill or infirm persons requiring nursing services; provides for licensed physicians services or supervision; and maintains medical recorded. These facilities may also provide other and similar medical or health services; provided, that no occupant requires physical restraint within the facility. Examples of nursing home facilities that provide health services may include, if they comply with all the above criteria, nursing homes, convalescent homes, maternity homes, rest homes, homes for the aged and the like.

NURSING HOME CONVERSIONS. A dwelling which is converted for the use of a nursing home and licensed by the State Board of Health.

OCTAVE BAND. A narrow range of sound frequencies which classify sounds according to pitch. In the octave band analyzer, the audible sound spectrum is divided into eight OCTAVE BANDS.

OCTAVE BAND ANALYZER. An electrical device used with the sound level meter that sorts a complex noise or sound into the various octave bands.

PARKING AREA, PUBLIC. An open area, other than a street or alley designed for use or used for the temporary parking of more than four motor vehicles when available for public use, whether free or for compensation, or as an accommodation for clients or customers.

PARKING SPACE. A space other than on a street or alley designed for use or used for the temporary parking of a motor vehicle, and being not less than nine feet wide and 20 feet long exclusive of passageways.

PARTICULATE MATTER. Finely divided liquid or solid material which is discharged and carried along in the air. This shall not include water droplets, commonly called steam.

PLACE. An open, unoccupied, officially designated space other than a street or alley, permanently reserved for use as the principal means of access to abutting property.

PLANNING ADMINISTRATOR. The official designated by the Common Council and authorized to enforce this chapter.

PLAT. A map or chart indicating the subdivision or resubdivision of land, intended to be filed for record.

PREMISES. A lot or plat including buildings thereon, if any.

PRIVATE SCHOOL. Private, primary, grade, high or preparatory school or academy.

PROFESSIONAL OFFICE. Office of a member of a recognized profession as defined by the United States Bureau of the Census.

PROFESSIONAL OFFICE CENTER. An architectural and functional grouping of professional offices and appropriate associated and accessory uses which is the central feature of a site plan composed of building area, parking area, landscaped reservation and plantation and other land features appropriate for its use as a professional office enterprise, designed to serve residential neighborhoods and shall conform to the standards and requirements of this chapter.

PUBLIC UTILITY INSTALLATION. The erection, construction, alteration or maintenance by public utilities, municipal departments, commissions or common carriers of underground, surface or overhead gas, oil, electrical, steam, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utility or municipal departments, commissions or common carriers, for the public health, safety or general welfare.

RINGELMANN NUMBER. The number of the area of the Ringelmann Chart that most nearly matches the light-obscuring capacity of smoke. The Ringelmann Chart is described in the U.S. Bureau of Mines Information Circular 6888, on which are illustrated graduated shades of gray for use in estimating smoke density. Smoke below the density of Ringelmann No. 1 shall be considered no smoke, or Ringelmann 0.

SHOPPING CENTER. An architectural and functional grouping of retail stores, generally oriented around supermarket or department store and appropriate associated and accessory uses, which is the central feature of a site plan or development plan composed of building areas, parking areas, access streets and circulatory ways for vehicles and pedestrians, landscape reservations and plantations and other land features appropriate for its operation as a business enterprise, designed to serve residential neighborhoods or communities and which conforms to the requirements of this Zoning Code.

SLOW BURNING or INCOMBUSTIBLE. Materials which do not in themselves constitute an active fuel for the spread of combustion. A material which will not ignite, nor actively support combustion during an exposure for five minutes to a temperature of 1,200°F.

SMOKE. A suspension of fine particles, excluding water droplets, in a gaseous plume, which obscure more or less the transmission of light.

SMOKE UNIT. The number obtained when the smoke density in Ringelmann Number is multiplied by the time of emission in minutes. For the purpose of this calculation, a Ringelmann density reading shall be made at least once a minute during the period of observation; each reading is then multiplied by the time in minutes during which it is observed. The various products are then added together to give the total number of SMOKE UNITS observed during the entire observation period.

SPECIAL SCHOOL. Any school which has as its primary purpose the instruction, care and rehabilitation of atypical or exceptional children or adults so that the usual statutory educational requirements expressly or implicitly do not apply.

STORY. The portion of a building, included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between the floor and the ceiling next above it shall be the STORY.

STORY, HALF. The portion of a building under a sloping, gable, hip or gambrel roof, the wall plates on at least two opposite exterior walls of which are not more than three feet above the floor level of a HALF STORY.

STREET. A right-of-way or thoroughfare, other than an alley or place, dedicated or otherwise legally established to the public use, usually affording the principal means of access to abutting property.

STRUCTURE. Anything constructed or erected which requires location on the ground or attachment to something having a location on the ground.

STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders or any substantial change in the exterior walls or the roof.

SWIMMING POOL, PRIVATE. A swimming pool used only by the owner of the pool and friends as an accessory use at a private residence.

TOURIST HOME. A building in which one but not more than five rooms are used to provide or offer overnight accommodations to transient guests for compensation.

TRADE SCHOOL or BUSINESS SCHOOL. Secretarial or business school or college when not publicly owned or owned or conducted by or under the sponsorship of a religious, charitable or nonprofit organization; or a school conducted as a commercial enterprise for teaching instrumental music, dancing, barbering or hair dressing, drafting or for teaching industrial or technical arts.

USE. The employment or occupation of a building, structure or land for a person’s service, benefit or enjoyment.

USE, NONCONFORMING. An existing use of land or building which fails to comply with the requirements set forth in this chapter applicable to the district in which the use is located.

VARIANCE. A modification of the specific requirements of this chapter granted by the Board in accordance with the terms of this chapter for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and district.

VIBRATION. Oscillatory motion transmitted through the ground.

VISION CLEARANCE ON CORNER LOTS. A triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the heights of three and 12 feet above the established street grade. The street grade is measured at the intersection of the centerlines of the intersecting street pavements and the triangular space is determined by a diagonal line connecting two points measured 15 feet along each of the street property lines equidistant from the intersection of the property lines or the property lines extended, at the corner of the lot:

(1) Three feet above established street grade;

(2) Twelve feet established street grade;

Vision Clearance Horizontal

(3) Point of established street grade;

(4) Diagonal line forming rear line of triangle;

(5) Intersection of right-of-way or property lines; and

(6) Fifteen feet from intersection of right-of-way or property lines.

Vision Clearance Vertical

YARD. A space on the same lot with a principal building, open, unoccupied and unobstructed by structures, except as otherwise provided in this chapter.

YARD, FRONT. A yard extending across the full width of the lot unoccupied other than by steps, walks, terraces, driveways, lamp posts and similar structures, the depth of which is the least distance between the front lot line and the building line.

YARD, REAR. A yard extending across the full width of the lot between the rear of the principal building the rear lot line unoccupied other than by accessory buildings which do not occupy more than 30% of the required space, and steps, walks, terraces, driveways, lamp posts and similar structures, the depth of which is the least distance between the rear lot line and the rear of the principal building.

YARD, SIDE.

(1) A yard between the principal building and the side lot line, extending from the front year or from the front lot line where no front yard is required, to the rear yard.

(2) The width of the required SIDE YARD is measured horizontally at 90 degrees with the side lot line, from the nearest part of the principal building, except in cases where irregular or pie-shaped lots are located, then the width of the required SIDE YARD shall be an average of the width of the area between the side lot line and the principal building measured horizontally at 90 degrees with the side lot line.

ZONE MAP. A map entitled “Brazil, Indiana, Zone Map,” dated January, 1964.

Diagram Illustrating Application of Certain Definitions

(Prior Code, § 156.141) (Ord. 12-1964, passed 8-11-1964; Ord. 40-2006, passed 12-12-2006)

§ 155.142 INTERPRETATION.

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requiremen ts for the promotion of the public health, safety, comfort, morals, convenience and general welfare. The Commission has given consideration to the existing and future probable use of land in the territory affect by this chapter and has prepared a Comprehensive Master Development Plan showing the future development of this area, which has served as a guide in the preparation of this chapter.

(Prior Code, § 156.142) (Ord. 12-1964, passed 8-11-1964)

§ 155.143 CONFLICTING PROVISIONS.

It is not intended by this chapter to interfere with, abrogate or annul any easements, covenants or other agreements between parties; nor any ordinances, rules, regulations or permits previously adopted or issued, or which shall be adopted or issued and which are not in conflict with any of the provisions of this chapter; except that, where this chapter imposes a greater restriction on the use of buildings or land, or requires larger open spaces or greater lot area per family than are required, larger open spaces or greater lot area per family than are required or imposed by easements, covenants or agreements between parties; or by ordinance, rules, regulations or permits, the provisions of this chapter shall control.

(Prior Code, § 156.143) (Ord. 12-1964, passed 8-11-1964)

§ 155.144 DISTRICT BOUNDARIES.

(A) In determining the boundaries of districts and establishing the provisions applicable to each district, due and careful consideration has been given to existing conditions, the character of buildings erected in each district, the most desirable use for which the land in each district may be adapted and the conservation of property values throughout the jurisdiction of the Commission.

(B) Where uncertainty exists as to the exact boundaries of the any district as shown on the Zone Map, the following rules shall apply:

(1) In unsubdivided areas or where a district boundary subdivides a lot, the exact location of the boundary shall be determined by use of the scale of the Zone Map; and

(2) In case of further uncertainty, the Board shall interpret the intent of the Zone Map as to the location of the boundary in question.

(Prior Code, § 156.144) (Ord. 12-1964, passed 8-11-1964)

§ 155.145 ANNEXED OR VACATED AREAS.

(A) Territory which may hereafter be annexed to the city shall remain as zoned unless changed by amendment to this chapter.

(B) (1) Whenever any street, alley, public way, railroad right-of-way, waterway or other similar area is vacated by proper authority, the districts adjoining each side of the street, alley, public way, railroad right-of-way or similar areas shall be extended automatically to the center of the vacation and all area included in the vacation shall then and thenceforth be subject to all appropriate regulations of the extended districts.

(2) In the event of a partial vacation, the adjoining district or district nearest the portion vacated shall be extended automatically to include all of the vacated area.

(Prior Code, § 156.145) (Ord. 12-1964, passed 8-11-1964)

§ 155.146 USE.

No building or land shall be used and no building shall be erected, reconstructed or structurally altered, which is arranged, intended or designed to be used for any purpose other than a use which is permitted and specified in a district in which the building or land is located.

(Prior Code, § 156.146) (Ord. 12-1964, passed 8-11-1964) Penalty, see § 155.999

§ 155.147 ENCROACHMENTS.

No building shall be erected, reconstructed or structurally altered in any manner which will encroach on, or reduce in any manner, the yards, lot area per family, ground floor area of dwellings or lot coverage provisions established and specified for the use and the district in which the building is located.

(Prior Code, § 156.147) (Ord. 12-1964, passed 8-11-1964) Penalty, see § 155.999

§ 155.148 LOTS.

Every building hereafter erected shall be located on a lot. In no case shall there be more than one principal building used for residential purposes, and its accessory buildings, located on one lot.

(Prior Code, § 156.148) (Ord. 12-1964, passed 8-11-1964) Penalty, see § 155.999

§ 155.149 LOADING AND UNLOADING BERTHS.

For each building erected and for certain other uses of land, parking spaces for motor vehicles and loading and unloading berths as specified for the use to which a building or land is to be devoted shall be provided, except that parking spaces may not be required in a block frontage contained in a Business District in which the ground floor area of business or industrial structures, including their accessory buildings, existing at the time of passage of this chapter equaled 50% or more of the entire area of the block frontage.

(Prior Code, § 156.149) (Ord. 12-1964, passed 8-11-1964)

§ 155.150 SURFACING PARKING AREA.

All public parking areas and all parking spaces required for business, enclosed industrial or open industrial use and loading and unloading berths shall be surfaced with a dustproof and hard surface.

(Prior Code, § 156.150) (Ord. 12-1964, passed 8-11-1964) Penalty, see § 155.999

§ 155.151 FILING FEES.

Applications and petitions filed pursuant to the provisions of this chapter shall be accompanied by the filing fees hereinafter specified, which shall be paid to the Planning Administrator who shall forthwith pay over to the Clerk-Treasurer to the credit of the General Fund of the city.

(A) For each application for an improvement location permit, a fee of $10 shall be paid.

(B) For each application for a certificate of occupancy, a fee of $5 shall be paid.

(C) For each application for the approval by the Board of a special exception, a fee of $30 shall be paid, except that an application for a shopping center plan, a fee of $300 shall be paid.

(D) The following fee shall be paid for the following designated categories.

(1) No permit is required for any building under $500.

(2) All residences, garages and room additions:

	Fee
$500 to $5,000	$12
$5,000 to $10,000	$15
$10,000 to $15,000	$20
$15,000 to $20,000	$25
$20,000 to $25,000	$30
$25,000 to $30,000	$35
$30,000 to $35,000	$40
$35,000 to $40,000	$45
$40,000 to $50,000	$50

(3) Any building over $50,000 will be charged a fee at the rate of $1 per $1,000.

Mobile homes	$55
New plats or additions	$50
Rezoning	$50
Swimming pools	$20

(E) Except for the fee for a certificate of occupancy, no part of any filing fee paid pursuant to this section shall be returnable to the applicant or petitioner.

(Prior Code, § 156.151) (Ord. 12-1964, passed 8-11-1964)

§ 155.152 AMENDMENTS.

All amendments to this chapter shall be in conformance with I.C. 36-7-4-700, as amended.

(Prior Code, § 156.152) (Ord. 12-1964, passed 8-11-1964)

§ 155.153 FARMS EXEMPT.

Land, farm houses, farm barns, farm outbuildings or other buildings, structures or erections which are adapted, by reason of nature and area, for use for agricultural purposes, while so used, shall not be affected by restrictions or regulations of this chapter.

(Prior Code, § 156.153) (Ord. 12-1964, passed 8-11-1964)

§ 155.154 PUBLIC UTILITY INSTALLATIONS EXEMPT.

Structures and land used for public utility installations, while so used, shall not be affected by restrictions or regulations of this chapter. However, power substations, terminal facilities and treatment or processing plants are contingent uses and are subject to the provisions of this chapter.

(Prior Code, § 156.154) (Ord. 12-1964, passed 8-11-1964)

§ 155.155 MINERAL EXTRACTION EXEMPT.

For the purpose of this section, URBAN AREA shall include any land or lots used for residential purposes where there are eight or more residences within one quarter mile square area and other lands or lots as have been or are planned for residential areas contiguous to incorporated cities or towns. Nothing herein shall prevent, outside or urban areas, the complete use and alienation of any mineral resources or forests by the owner or alienee thereof.

(Prior Code, § 156.155) (Ord. 12-1964, passed 8-11-1964)

§ 155.156 ESTABLISHMENT OF 12 DISTRICTS AND ZONE MAP.

(A) The territory within the jurisdiction of the City Plan Commission is classified and divided into 12 districts designated as follows:

District Designation	Type of District
AG	Agricultural
GB	General Business
I-1	Open Industrial
I-R	Reserved Industrial
LB	Local Business
MH	Manufactured Home Park
R-3	Residence
R-2	Residence
R-1	Residence
RB	Roadside Business
S-1	Suburban Residence
T	Transition

(B) The Zone Map, here made a part of this chapter, shows the boundaries of the area covered by the districts and notations, references, indications and other matters shown on the Zone Map are as much a part of this chapter as if they were fully described herein.

(Prior Code, § 156.156) (Ord. 12-1964, passed 8-11-1964; Ord. 1-2012, passed 1-11-2012; Ord. 6-2012, passed 2-8-2012; Ord. 22-2016, passed 12-14-2016)

§ 155.157 RESIDENTIAL USES AND REQUIREMENTS.

(A) The residential uses defined below, including accessory buildings and uses, are permitted in the districts indicated in § 155.164 when complying with the requirements listed therein, subject also to the provisions of division (B) below.

(1) A single-family dwelling is a detached building designed for or occupied by one family, exclusively.

(2) A two-family dwelling is a detached building designed for or occupied by two families, exclusively.

(3) A multi-family dwelling is a building designed for or occupied by three or more families, exclusively.

(B) Other provisions for residential uses are as follows.

(1) Use of existing lots deficient in area or width. A single-family dwelling may be located on any lot in any district in which single-family dwellings are permitted if the lot was a single parcel in single ownership or a single parcel separately described or included in a deed or plat which was of record in the office of the County Recorder at the time of passage of this chapter, even though the lot does not have the minimum lot width or the minimum lot area specified for the district.

(2) Partial use of alley for yard. One-half of an alley abutting the rear or the side of a lot may be included in the required rear yard or side yard, respectively.

(3) Accessory building and uses.

(a) Accessory buildings are permitted in all districts, but not prior to the erection of the principal building, except for strictly storage purposes; and not for human occupancy.

(b) No detached accessory building or swimming pool shall be located closer to a side or rear lot line than five feet; nor exceed 18 feet in height, and shall be set back at least 50 feet from the building line.

(c) Accessory uses such as public utility installations, walks, driveways, curbs, retaining walls, mail boxes, fences, lamp posts, bird baths and structures of a like nature are permitted in any required yard without the issuance of any permit. Fences, lattice work, screens, hedges or walls, not more than seven feet in height, and fences surrounding private swimming pools at least three and one-half feet high, maintained so as to prevent the intrusion of small children or animals, may be located in the required side or rear yard; however, they shall be located no closer than one foot from the side or rear lot line. A hedge or fence maintained so as not to exceed three and one-half feet in height, may be located in any front yard, except that vision clearance on corner lots shall be provided and the hedge or fence shall be located no closer than one foot from a side lot line.

(4) Building lines.

(a) Where 25% of more of the lots in a block frontage are occupied by buildings the average setback of a buildings determines the location of the building line for the block frontage, but the front yard dimension need not exceed 40 feet in any case.

(b) Building lines established in a recorded subdivision shall establish the setback of buildings in subdivisions, except when building lines may be less restrictive than provided in this chapter.

(5) Tapered yard formula.

(a) Where an interior lot fronts on a side street in the rear of a corner lot which interior lot may or may not be separated from the corner lot by an alley, an accessory building located on the rear lot line of the corner lot shall set back from the side street as far as the dwelling on the interior lot.

(b) For each foot that the accessory building is placed from the rear lot line toward the front lot line of the corner lot, the accessory building may be set four inches closer to the front lot line along the side street, but in no case closer than the building setback line along the side street required by this chapter.

(Prior Code, § 156.157) (Ord. 12-1964, passed 8-11-1964; Ord. 1-2005, passed 6-28-2005)

§ 155.158 BUSINESS USES AND REQUIREMENTS.

(A) The business uses defined below are permitted in the districts indicated in § 155.165, when complying with the requirements specified in §§ 155.165 through 155.167, and subject to the provisions of division (F) below.

(B) Roadside business uses are also subject to the provisions of division (G) below; and local business uses proposed to be located in the Transitional Business District are also subject to the provisions of division (H) below.

(C) A local business use is one which is primarily of a retail or service nature and is specifically classified or implied in the following categories of uses:

(1) Automobile service including:

(a) Filling station;

(b) Public garage, but not including major repair or body work;

(d) Sales room.

(2) Business service including:

(a) Bank;

(b) Office building;

(d) Telegraph office;

(e) Telephone exchange; and

(f) Utility company business office.

(3) Clothing service including:

(a) Laundry agency;

(b) Self-service laundry or self-service dry cleaning establishment;

(c) Dry cleaning establishment using not more than two clothes-cleaning units, neither of which shall have a rated capacity of more than 60 pounds using cleaning fluids which is nonexplosive and nonflammable;

(d) Dressmaking;

(e) Millinery;

(f) Tailor and pressing shop; and

(g) Shoe repair shop.

(4) Equipment service including:

(a) Radio and television shop;

(b) Electric appliance shop; and

(5) Food service including:

(a) Grocery;

(b) Meat market;

(d) Restaurant;

(e) Delicatessen;

(f) Cold storage lockers, for individual use;

(g) Bakery, provided floor area used for production shall not exceed 750 square feet; and

(h) Roadside sales stand.

(6) Personal service including:

(a) Barber shop;

(b) Beauty shop;

(d) Photographic studio.

(7) Retail service, retail stores generally including:

(a) Drug store;

(b) Hardware or paint store;

(d) Newsdealer;

(e) Showroom and sales area for articles to be sold at retail;

(f) Commercial greenhouse not exceeding 1,000 square feet in area;

(g) Apparel shop;

(h) Flower shop;

(i) Antique shop;

(j) Shoe store;

(k) Variety store;

(l) Toy store; and

(m) Jewelry store.

(8) Business recreational uses, including:

(a) Billiard room;

(b) Dancing academy; and

(9) Private club or lodge;

(10) Advertising sign or billboard;

(11) Accessory building or use customarily incident to the above uses which may not have more than 40% of floor area devoted to storage purposes; provided, that not more than five persons are employed at one time or on any one shift in connection with the incidental use; and

(12) Local business uses, divisions (C)(2) through (C)(9) and (C)(11), shall be conducted within buildings so constructed that no noise of any kind produced therein by the business operations shall be audible beyond the confines of the building.

(D) A roadside business use is one which normally requires drive-in facilities related to a street or highway and is primarily of a retail or service nature and includes storage warehouse and wholesale establishments and enclosed industrial use, specifically stated or implied in the following categories:

(1) Local business uses;

(2) Automobile, truck or trailer rental and sales area;

(3) Automobile and truck repair, entirely within enclosed buildings;

(4) Indoor theater;

(5) Bowling alley or roller rink, entirely within enclosed buildings;

(6) Department store;

(7) Hotel or motel;

(8) Veterinary hospital for small animals;

(9) Kennel;

(10) Radio and television studios;

(11) Newspaper publishing;

(12) Motor bus or railroad passenger station;

(13) Storage warehouse;

(14) Wholesale establishment;

(15) Any business use not specifically stated or implied elsewhere in this chapter; and

(16) Accessory buildings or use customarily incidental to the above uses.

(E) A general business use including accessory buildings and uses includes the uses, specifically stated or implied, as follows:

(1) Local business uses;

(2) Roadside business uses;

(3) Storage warehouse;

(4) Wholesale establishment;

(5) Any business use not specifically stated or implied elsewhere in the chapter; and

(6) Accessory buildings or use customarily incidental to the above uses.

(F) Other provisions and requirements for business uses are as follows.

(1) Parking spaces shall be provided on the lot, or as a special exception within 300 feet thereof, as indicated in § 155.167.

(2) Loading and unloading berths shall be provided on the lot as indicated in § 155.166.

(3) Parking spaces may not be required in a block frontage contained in a Business District in which the ground floor area of business or industrial structures, including their accessory buildings, existing at the time of passage of this chapter, equaled 50% or more of the entire area of the block frontage.

(4) Groups of uses requiring parking space may join in establishing private parking area with capacity aggregating that required for each participating use.

(5) One-half of an alley abutting the rear of a lot may be included in the rear yard, but the alley space shall not be included for loading and unloading berths.

(6) Where 25% or more of the lots in a block frontage are occupied by buildings, the setback of the buildings shall determine the location of the building line, except for the Roadside Business District.

(7) Loading and unloading berths shall not be required for business uses which demonstrably do not receive or transmit goods or wares by truck delivery.

(8) Parking spaces and accessory uses are permitted in the required front yard in the Local Business District, on lots where business is located.

(G) Additional provisions for roadside business uses are as follows.

(1) On a through lot, front yards shall be provided on each street.

(2) A planting screen consisting of suitable shrubbery, either formally or informally planted so as to provide a year-round screen, maintained at a minimum height of six feet, shall be planted in the front yard wherever a Roadside Business District use adjoins or is across the street from a Residence District or land being used for residential purposes.

(3) Off-street parking spaces and accessory uses such as filling station pumps and light standards, may be located in the required front year, but not within 20 feet of land which is used for or zoned for residential use.

(4) Where a Roadside Business District use adjoins a Residence District or land being used for residential purposes, the side yard dimension shall be 20 feet, and a planting screen consisting of suitable shrubbery, either formally or informally planted so as to provide a year-round screen maintained at a minimum height of six feet shall be provided.

(5) On a corner lot, the side yard dimension shall be 60 feet along the side street line, and off-street parking space is permitted in a side yard.

(6) Roadside business uses shall be conducted within buildings so constructed that no noise of any kind produced therein shall be audible beyond the confines of the building.

(7) Roadside business uses shall not include open storage use on the lot, except for the temporary storage of automobiles or trailers for retail sale on a lot devoted to open automobile or trailer sales area use, and for the temporary parking of vehicles in off-street parking space permitted for the use.

(8) The front yard shall be maintained as a lawn which may include landscape plantations.

(9) The emission of smoke, dust, gas, fumes, odors, noise or vibrations, which is noxious or offensive, in the judgment of the Planning Administrator, beyond the confines of the building, is not permitted.

(H) Procedure for making application for local business uses in the Transition District is as follows. When application is made for a local business use within a Transition District, and when an application is accompanied by written approval of the owner or owners of at least 75% of the total area of the entire block frontage involved, the Planning Administrator shall issue an improvement location permit for local business use provided the application also meets the additional requirements of this chapter.

(Prior Code, § 156.158) (Ord. 12-1964, passed 8-11-1964)

§ 155.159 SHOPPING CENTER PLAN.

A shopping center plan may be permitted by the Board as a special exception and subject to compliance with the following requirements and procedure in accordance with § 155.163.

(A) The local business uses in § 155.158, also a bowling alley or a roller rink and department stores, are permitted on a tract of land proposed for a shopping center; provided, that the proposed plan includes at least four separate types of business uses as are specifically classified or implied in the local business use categories in § 155.158; and, provided further, that not more than one of which shall be an automobile service, as set forth in § 155.158.

(B) The tract of land proposed for a shopping center plan shall be of an area of not less than ten acres, and the tract shall have a reasonable configuration for its intended uses.

(C) The Board may order an improvement location permit issued for a shopping center plan in accordance with the procedure and provisions of this chapter and on an affirmative finding by the Board that the following requirements have been met by the owner or developers of the tract of land proposed for a shopping center plan.

(1) Market analysis. A market analysis is required for the purpose of:

(a) Determining the number, size and type of stores which could be expected to operate with a reasonable margin of profit in the proposed center; and

(b) Providing evidence as to the advisability of locating the proposed center (where the developers propose to locate it) so as to serve an existing and potential customer demand.

(2) Financial report. The financial report is to include a statement of financial responsibility which demonstrates the ability of the developer of the center to proceed with and complete construction and development.

(3) Development plan. A development plan is required, including the following additional requirements:

(a) A plan of landscape development which shall include, among other considerations, an area of at least ten feet in width along all streets, with the exception of approved entrances, which border the proposed center, to be planted and maintained with trees and shrubbery to serve as a screen for the parking area;

(b) A planting screen, consisting of suitable shrubbery, maintained at a six-foot height by six-foot width, to be planted wherever the proposed center would abut residential use;

(c) Provision for one off-street parking space, at least 270 square feet in area, for each 60 square feet of sales area in the center;

(d) No buildings or paved areas (other than access drives) may be located closer than 50 feet to any area used or zoned for residential purposes, in order to create a greenbelt, and the greenbelt shall be maintained as lawn together with appropriate landscape development and screen planting hereinbefore specified; and

(e) An adequate number and proper arrangement of loading and unloading berths shall be shown in the development plan and provided by the developer.

(4) Other authority approval. Any other authority approval is required when applicable, such as State Board of Health or State Highway Department, shall accompany the application.

(5) Outdoor signs and lighting. The location, effect and arrangement of all outdoor advertising signs proposed to be erected shall be subject to the approval of the Board.

(6) Architectural control. Architectural plans of the building and structures proposed to be constructed shall be subject to the approval of the Board. The Board’s approval shall be based on the architectural plans creating a unified design which will be in character and proper relationship to the surrounding areas.

(Prior Code, § 156.159) (Ord. 12-1964, passed 8-11-1964)

§ 155.160 INDUSTRIAL USES, STANDARDS AND REQUIREMENTS.

(A) The industrial uses defined below, including accessory buildings and uses, are permitted in the districts indicated in § 155.168, in accordance with the requirements of this section.

(B) (1) No activity involving the storage, utilization or manufacture of materials or products which decompose by detonation shall be permitted unless specifically approved by the Council. Activity shall be conducted in accordance with the rules promulgated by the State Fire Marshal.

(2) Materials shall include, but are not limited to:

(a) All primary explosives such as lead azide, lead styphnate, fulminates and tetracene;

(b) All high explosives such as TNT, RDX, HMX, PETN and picric acid;

(c) Propellants and components thereof, such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives;

(d) Pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate;

(e) Blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetyrides, tetrazoles and ozonides;

(f) Strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorates, chlorates and hydrogen peroxide in concentrations greater than 35%;

(g) Nuclear fuels, fissionable materials and products; and

(h) Reactor elements such as Uranium 235 and Plutonium 239.

(C) No activity involving the storage, utilization or manufacture of materials or products which contain arsenic, cyanide, warfarin, strychnine or other poisonous substances shall be permitted unless specifically approved by the Council. The restrictions of this section shall not apply to the activities of the site preparation or construction, maintenance, repair, alteration, modification or improvement of buildings, equipment or other improvements on or within the lot line; the operation of motor vehicles or other facilities for the transportation of personnel, materials or products; conditions beyond the control of the user such as fire, explosion, accidents, failure or breakdown of equipment or facilities or emergencies; or safety or emergency warning signals or alarms necessary for the protection of life, limb or property.

(D) An enclosed industrial use is one which is conducted entirely with enclosed buildings of any size provided they meet the yard requirements and conform to the standards in division (F) below.

(E) An open industrial use is one which requires both buildings and open area for manufacturing, fabricating, processing extraction, heavy repairing, dismantling, storage or disposal of equipment raw materials, manufactured products or wastes; and land or buildings in the district permitting an open industrial use; and shall be used so as to comply to the standards in division (F) below.

(F) Standards for enclosed and open industrial uses are as follows.

(1) Smoke.

(a) For enclosed industrial use the emission of more than 70 smoke units per hour per stack and emissions in excess of Ringelmann No. 2 are prohibited, except that for one hour during any 24-hour period, this rate may be increased to 80 smoke units per stack up to and including Ringelmann No. 3 for the purging, soot blowing and fire cleaning.

(b) For open industrial use the emission of more than 90 smoke units per hour per stack and emission in excess of Ringelmann No. 3 are prohibited, except that for a one-hour period during the 24-hour period this rate may be increased to 120 smoke units per hour per stack, still at Ringelmann No. 3, for purposes of process purging, soot blowing and fire cleaning.

(2) Particulate matter. The rate of emission of particulate matter from an individual process within the boundaries of any lot shall not exceed a figure of six hundredths of a pound per 1,000 pounds of effluent gas for enclosed industrial use, nor two-tenths of a pound per 1,000 pounds of effluent gas for open industrial use. For enclosed industrial use and open industrial use not more than 50% by weight of particles larger than 44 microns mesh shall be allowed.

(3) Odor. Any enclosed or open industrial use activity or operation which releases odors to the atmosphere shall be so controlled as to ensure that it will produce no public nuisance or hazard at or beyond the nearest residence or suburban residence district boundary line.

(4) Poisonous and injurious fumes and gases. The emission of toxic or injurious fumes and gases shall be controlled so as to comply with the following.

(a) The emission from any source shall not cause at or beyond any lot line, concentrations of toxic or injurious fumes and gases in excess of 10% for an enclosed industrial use, and 25% for an open industrial use, of the threshold limit as set for the fume or gas in question in the latest issue of Threshold Limit Values for Toxic Materials in Industry issued by the State Board of Health, from the American Conference of Governmental Hygienists.

(b) The emission of any gas or fumes across lot lines in concentrations so as to be detrimental to or endanger public health, safety, comfort and welfare or shall cause injury or damage to property or business is prohibited.

(5) Glare and heat. No enclosed or open industrial use operation, activity or structure shall cause heat or glare in a manner so as to be a public nuisance at or beyond any residence, suburban residence, transition or Business District boundary.

(6) Vibration.

(a) Any enclosed or open industrial use creating intense earth-shaking vibrations that are created by heavy drop forge shall be set back from a residence or Suburban Residential District boundary at least 250 feet, or at least 150 feet, from a Business District boundary.

(b) Earth-shaking vibrations at the industrial property line shall not be in violation of this chapter as long as the vibrations not perceptible without the aid of instruments.

(7) Noise.

(a) At no point 125 feet from the boundary of a Reserved Industrial District, or any district which permits an enclosed industrial use, shall the sound pressure level of any operation or plant (other than background noises produced by sources not under the control of this chapter) exceed the decibel limits in the octave bands designated below.

Enclosed Industrial Use
Octave Band Frequency (Cycles per Second)	Maximum Permitted Sound Level (In Decibels) 125 Feet From District Adjoining Residence or Suburban District Boundaries	Maximum Permitted Sound Level (In Decibels) 125 Feet From District Adjoining Business District Boundaries
0 to 75	75	80
75 to 150	70	75
150 to 300	65	70
300 to 600	59	64
600 to 1,200	53	58
1,200 to 4,800	48	53
2,400 to 4,800	48	49
Above 4,800	41	46

(b) At no point 15 feet from the boundary of an Open Industrial District, shall the sound pressure level of any operation or plant (other than background noises produced by sources not under the control of this chapter) exceed the decibel limits in the octave bands designated below.

Open Industrial Use
Octave Band Frequency (Cycles per Second)	Maximum Permitted Sound Level (In Decibels) 125 Feet From District Adjoining Residence or Suburban District Boundaries	Maximum Permitted Sound Level (In Decibels) 125 Feet From District Adjoining Business District Boundaries
0 to 75	75	81
75 to 150	70	76
150 to 300	66	72
300 to 600	62	68
600 to 1,200	57	63
1,200 to 4,800	53	59
2,400 to 4,800	49	55
Above 4,800	45	51

(c) Sound levels shall be measured with a sound level meter and associated octave band analyzer or filter, manufactured in compliance with standards prescribed by the American Standards Association.

(8) Fire hazards.

(a) The storage, utilization or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted. The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted provided the following conditions are met.

1. For enclosed industrial use and open industrial use, the materials shall be stored, utilized and manufactured in a like manner and protected by the means as approved by the State Fire Marshal.

2. For enclosed industrial use and open industrial use, the storage, utilization or manufacture of flammable liquids or gases which produce flammable or explosive vapors shall be permitted in accordance with the following table (exclusive of storage of finished products in original sealed containers). Distances shown are to nearest adjoining property lines which may be built on.

(b) When flammable gases are stored, utilized or manufactured and measured in cubic feet, the quantity in cubic feet (at S.T.P.) permitted shall not exceed 300 times the quantities listed.

Flammable Liquid Storage
Capacity of Tank (Gallons)	Class* of Flammable Liquid	Distance (Feet)
0 to 275	III	0
275 to 750	III	5
0 to 750	I and II	10
751 to 12,000	III	10
751 to 12,000	I and II	15
12,001 to 24,000	I, II, III	15
24,001 to 30,000	I, II, III	20
30,000 to 50,000	I, II, III	25
*N.F.P.A. Classes of flammable liquids: Class I: Flash point below 20°F Class II: Flash point below 70°F Class III: Flash point above 70°F

(c) Tanks in excess of 50,000 gallons, and those for storage of crude petroleum shall be at a distance of three times the greatest dimension of the diameter or height of tank, except that distance shall not be less than 20 feet and need not exceed 350 feet.

(d) Other provisions and requirements for enclosed industrial use and open industrial use are as follows.

1. Each use shall provide one parking space for each two employees, on combined employment of the two largest successive shifts, located on the same lot as the use, or as a special exception within 300 feet thereof.

2. Groups of uses requiring parking space may join in establishing a private parking areas with capacity aggregating that required for each participating use.

3. Each use shall provide loading and unloading berths, located on the same lot as the use, as specified in § 155.169.

4. The disposal of wastes discharge into public streams and sewage systems shall meet the requirements of the state’s Stream Pollution Control Law (Ch. 214, Acts of 1943, amended).

5. One-half of an alley abutting the rear of a lot may be included in the rear yard, but the alley space shall not be included for loading and unloading berths.

6. In all districts permitting enclosed industrial use or open industrial use, it is permissible to erect more than one principal building devoted to enclosed industrial use or open industrial use on a lot.

(Prior Code, § 156.160) (Ord. 12-1964, passed 8-11-1964)

§ 155.161 CONTINGENT USES AND REQUIREMENTS.

Contingent uses, including accessory buildings and uses, are permitted in the districts indicated in § 155.170, subject to the provisions herein.

(A) (1) A contingent use is one which is likely or liable, but not certain, to occur and which is not inappropriate to the principal uses of the district in which it may be located.

(2) When so located, it shall conform to the requirements of the district in which the contingent use is permitted, except that the number of parking spaces to be provided shall conform to the requirements of § 155.170. The required number of parking spaces shall be provided on the same lot with the use, or as a special exception within 300 feet thereof.

(B) A church or temple requiring a parking area at times when nearby uses do not need their parking facilities may, by agreement approved by the Board, utilize facilities in lieu of providing their own parking facilities.

(C) (1) An existing use which is included herein as a contingent use, and which is located in a district in which the contingent use is permitted, is a conforming use.

(2) Any expansion of the contingent use involving the enlargement of the buildings, structures and land area devoted to the use shall be subject to the requirements of this section.

(Prior Code, § 156.161) (Ord. 12-1964, passed 8-11-1964)

§ 155.162 SPECIAL EXCEPTIONS.

(A) The special exceptions listed in § 155.172 and their accessory buildings and uses may be permitted by the Board in the districts indicated therein, in accordance with the procedure set forth in this section and the requirements listed in § 155.172.

(B) Special exceptions are uses publicly operated and those uses traditionally affected with a public interest and those uses entirely private in character but of an unusual nature so that their operation may give rise to unique problems with respect to their impact on neighboring property and public facilities.

(C) On receipt of an application for an improvement location permit for a special exception by the Planning Administrator, it shall be referred to the Board. A copy of each application shall be referred concurrently to the Commission. The Board shall then proceed with a hearing.

(D) (1) The Board shall direct the Building Inspector to issue the improvement location permit for the special exception if, on the hearing, the Board finds that:

(a) The establishment, maintenance or operation of the special exception will not be detrimental to or endanger the public health, safety, morals or general welfare;

(b) The special exception will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property value within the neighborhood;

(c) The establishment of the special exception will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;

(d) Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided;

(e) Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and/or

(f) The special exception will be located in a district where the use is permitted and that all other requirements set forth in § 155.172 applicable to the special exception will be met.

(2) Otherwise, the Board shall direct the Planning Administrator to reject the application.

(3) The findings of the Board and its order to the Planning Administrator shall be in writing.

(E) An existing use which is listed herein as a special exception and which is located in a district in which the special exception may be permitted is a conforming use. Any expansion of the special exception involving the enlargement of buildings, structures and land area devoted to the use shall be subject to the requirements and procedure described in this section.

(F) Any person to whom is issued an improvement location permit for a special exception which fails to commence construction within one year after the permit is issued, or who fails to carry to completion the total development plan thereof within three years after construction is begun, whichever is later, or who fails to conform to the provisions of the development plan and supporting data finally approved by the Board and on the basis of which the improvement location permit was issued, may be required by the Board on its own motion and shall be required by the Board on written petition of any person deeming himself or herself aggrieved to show cause why the approval should not be withdrawn and the improvement location permit revoked.

(G) The holder of an improvement location permit for a special exception may apply to the Board at any time for an alteration, change, amendment or extension of the application or development plan on which the permit was based.

(1) On receipt of the application, the Board shall proceed as in the case of original applications for an improvement location permit or a special exception.

(2) In the event the Board shall approve and order the application or development plan changed, altered, amended or extended, it shall notify the Planning Administrator who shall issue an amended improvement location permit accordingly.

(Prior Code, § 156.162) (Ord. 12-1964, passed 8-11-1964)

§ 155.163 NONCONFORMING USE.

The lawful use of a building or premises, existing at the time of the passage of this chapter, may be continued although the use does not conform to all the provisions of this chapter, subject to the following conditions.

(A) A nonconforming use may be extended throughout a building provided the size of the structure is not increased.

(B) A nonconforming use may be changed to another nonconforming use of the same or greater restrictions; provided, that the size of the structure is not increased.

(C) Whenever a nonconforming use has been changed to a conforming use or to a use permitted in a district of greater restrictions, it shall not thereafter be changed to a nonconforming use of a less restricted district.

(D) No building shall be erected on any premises devoted to a nonconforming use, except in conformance with the provisions of this chapter.

(E) The Board may authorize, by written permit, in a district permitting residential use, for a period of not more than one year from the date of the permit, a temporary building for business or industrial use incidental to the residential construction and development of the district.

(F) Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued, or the construction of which has been diligently prosecuted within 90 days of the date of the permit of from the date of passage of this chapter and which entire building shall be completed according to the plans filed within three years from the date of passage of this chapter.

(G) In the event that a nonconforming use of any building or premises is discontinued for a period of two years, the use of the same shall thereafter conform to the uses permitted in the district in which it is located.

(H) These provisions apply in the same manner to a use which may become a nonconforming use as a result of an amendment to this chapter.

(Prior Code, § 156.163) (Ord. 12-1964, passed 8-11-1964)

§ 155.164 RESIDENTIAL USES AND REQUIREMENTS.

Requirements	Type of Residential Use
Requirements	Single-Family	Two-Family	Multi-Family
District in which use is permitted	S, R-1, R-2, R-3, T, LB, GB, RB and I-R	S, R-2, R-3, T, GB and I-R	R-3, T and GB
Minimum lot size in square feet per dwelling unit in districts indicated	R-2, R-3, T, GB: 5,000	R-2: 3,500	R-3, T and G: 1,500
	LB: 7,000	GB: 2,500	R-3, T and G: 1,500
Minimum lot size in square feet per dwelling unit in districts where the following utility systems are installed and utilized: (a) Approved sanitary system (b) Approved public or community water supply system	S, R-1, RB and I-R: 7,000	S and I-R: 7,000	-
In the absence or nonutilization of any of the above described utility systems, (a) and (b), add the following area in square feet per dwelling unit to the minimum lot size in districts indicated as follows.	S, R-1 and I-R: (a) 3,500 (b) 3,500	S, RB and I-2: (a) 1,750 (b) 1,750	-
Minimum lot width in feet in district indicated	R-2, R-3, T and GB: 50	R-2, R-3, T and GB: 50	R-3, T and GB: 50
Minimum lot width in feet in district indicated	LB: 60	R-2, R-3, T and GB: 50	R-3, T and GB: 50
Minimum lot width in feet per dwelling unit in the districts indicated when the following utility systems are installed and utilized: (a) Approved sanitary sewer system (b) Approved public or community water supply system	S, R-1, RB and I-R: 60	S and I-R: 45	-
In the absence or nonutilization of any of the above described utility systems, (a) and (b), add the following width in feet per dwelling unit to the minimum lot width per dwelling unit in districts indicated as follows	S, R-1 and I-R: (a) 15 (b) 15	S and I-R: (a) 7-1/2 (b) 7-1/2	-
Maximum building height in feet and stories in districts indicated	S, R-1, RB and I-R or 2 stories: 25	S and I-R or stories: 25	R-3 and T or 2-1/2 stories: 35
	R-2, R-3, T and GB or 2-1/2 stories: 35	R-2, R-3, T and GB: 35	GB: 80 or 7 stories
Minimum front yard in percent of average depth of lots in block	20	20	20
Minimum side yard (1)	10% of the required lot width	10% of the required minimum lot width	10% of the required minimum lot width
Minimum side yards (both or 2) in percent of lot width	20	20	20
Minimum rear year in feet	20	20	20
(Minimum ground floor area in square feet in districts indicated)	1 story R-2, R-3, T and GB: 720	1 story S and I-R 1,200	R-3, T and GB: 720
	S, R-1, LB, RB and I-R: 846	R-2, R-3, T and GB: 720	R-3, T and GB: 720
Number of vehicle parking space to be provided on the lot	1	2	1 per each dwelling unit
Vision clearance on corner lot	Yes	Yes	Yes

(Prior Code, § 156.164) (Ord. 12-1964, passed 8-11-1964)

§ 155.165 BUSINESS USES AND REQUIREMENTS.

Requirements	Type of Business Use
Requirements	Local Business	General Business	Roadside Business
Districts in which use is permitted	LB, T, GB, RB and I-1	GB, RB and I	RB
Minimum front yard in feet in districts indicated	T: 25	GB: None	RB: 75
	LB and I-1: 15	RB: 75
	GB: None	I-1: 15
	RB: 75	I-1: 15
Minimum side yard in feet along the side street line of a corner lot where block is adjoined by a Residential District	LB, T, GB and I-1: 5	GB and I-1: 5	RB: 10
	RB: 10	RB: 10	RB: 10
Minimum side yard in feet where a Business District adjoins a Residential District within the block	LB, GB and I-1: 5	GB and I-1: 5	RB: 10
	RB: 10	RB: 10	RB: 10
Minimum side yard in blocks not including a Residential District	LB, GB and I-1: None	GB and I-1: None	RB: 5
	T and RB: 5	RB: 5	RB: 5
Maximum building height in feet in districts indicated	LB, T, RB and I-1: 35 or 2-1/2 stories	GB and I-1: 100 or 8 stories	RB: 35 or 2-1/2 stories
Maximum building height in feet in districts indicated	GB: 100 or 8 stories	RB: 35 or 2-1/2 stories	RB: 35 or 2-1/2 stories
Minimum rear yard in feet	GB: 10	GB and I: 10	RB: 15
Minimum rear yard in feet	LB, T, RB and I-1: 15	RB: 15	RB: 15
Vision clearance on corner lots	LB, T and RB: Yes	RB: Yes	RB: Yes
Vision clearance on corner lots	GB and I-1: No	GB and I-1: No	RB: Yes

(Prior Code, § 156.165) (Ord. 12-1964, passed 8-11-1964)

§ 155.166 BUSINESS USES; LOADING AND UNLOADING BERTHS.

Type of Use	Gross Floor Area	Loading and Unloading Berths Required
Department stores	15,000 to 40,000	2
Office buildings	100,000 or less	1
	100,001 to 336,000	2
	Each 200,000 additional	1 additional
Retail stores	3,000 to 15,000	1
Wholesale establishments, storage uses and other business uses	Each 25,000 additional	1 additional

(Prior Code, § 156.166)

§ 155.167 BUSINESS USES: PARKING SPACES REQUIRED.

Type of Use	Number of Parking Space Required
Local Business Uses (Based on divisions in § 155.158)
(C)(1)(d)	1 for each 125 square feet of floor area
(C)(2) through (C)(7)	1 for each 125 square feet of floor area
(C)(8)(c)	1 for each 125 square feet of floor area
(C)(8) and (D)	1 for each 200 square feet of floor area
(C)(9)	Space to accommodate 50% of the active membership at 1 space per each 3 members, or as determined by the Board. The determination shall be based on the expected number of parking spaces the particular lodge or club use would require to satisfy estimated peak parking load requirements.
Roadside Business Uses (Based on divisions in § 155.158)
Any business not specifically stated or implied	As determined by the Board. The determination shall be based on the expected number of parking spaces the particular type of business use would require to satisfy estimated peak parking load requirements
Automobile and truck repair	1 for each 200 square feet of floor area
Bowling alley, roller rink	3 for each land plus 1 for each 6 spectator seats
Department store	1 for each 200 square feet of floor area
Hotel or motel	1 for each 3 employees plus 1 for each unit
Indoor theater	1 for each 6 seats
Motor bus; railroad passenger station	1 for each 3 employees plus 1 for each 10 seats in waiting room. Other retail uses in connection therewith shall provide 1 space for each 2 employees
Newspaper publishing	1 per employee on largest shift
Radio and television studios	1 per employee, plus 1 for each 6 seats in main auditorium
Storage warehouse; wholesale establishment	1 for each 3 employees or occupants. The maximum number of employees or occupants to be used in determining spaces
Veterinary hospital, kennel	1 space for each 3 animals to be confined in temporary or permanent pens or cages

(Prior Code, § 156.167) (Ord. 12-1964, passed 8-11-1964)

§ 155.168 INDUSTRIAL USES AND REQUIREMENTS.

Requirement	Type of Use
Requirement	Enclosed Industrial	Open Industrial
Districts in which use is permitted	RB, GB, I and I-R	I-1
Maximum building height in feet and stories in districts indicated	GB and I-1: 100 or 8 stories	I-1: 100 feet or 8 stories
Minimum front yard in feet	RB and IR-75 GB: None I-1: 25	I-1: 15
Minimum side yard and rear yard required in feet when district indicated abuts or adjoins (or is within) a GB, T, RB, I-1 or I-R District	GB: 5 RB: 10 I-1 and I-R: 20	I-1: 20
Minimum side yard in feet, if provided	5	5
Minimum rear yard in feet	15	15
Vision clearance on corner lots	GB and I-1: No	Yes
Vision clearance on corner lots	RB and I-R: Yes	Yes

(Prior Code, § 156.168)

§ 155.169 INDUSTRIAL USES; LOADING AND UNLOADING BERTHS.

Gross Floor Area of Industrial Use in Square Feet	Number of Berths Required
15,000 or less	1
15,001 to 40,000	2
40,001 to 100,000	3
Each 40,000 additional	1 additional

(Prior Code, § 156.169) (Ord. 12-1964, passed 8-11-1964)

§ 155.170 CONTINGENT USES AND REQUIREMENTS.

Type of Use	Districts in Which Use is Permitted	Number of Parking Spaces to be Provided
Boarding or lodging house	All, except S, R-1, R-2, RB and I-R	1 for each 3 occupants
Church or temple	All, except I-1	1 for each 6 seats in main auditorium
Educational institution	All, except I-1	1 for each 3 members of staff plus 1 for each 8 seats in auditorium
Greenhouse, but not including retail sales, provided that a greenhouse shall not be less than 150 feet in distance from every lot line	All	None required
Home occupation	All	1 additional
Lodge or private club (which is of a noncommercial character)	All, except S, R-1, R-2 and I-R	1 for each 125 square feet floor area of buildings
Mortuary	All, except S, R-1, R-2 and I-R	1 for each 6 seats in main auditorium
Municipal or governmental building	All	1 for each 125 square feet floor area of buildings
Power substation or telephone exchange	All	1 per 2 employees or combined employment of the 2 largest successive shifts
Professional office in residence	All	2 additional
Public utility installation terminal facility	I-1 and I-R	1 per 2 employees or combined employment of the 2 largest successive shifts
Sewage treatment or disposal plant	All	1 per 2 employees or combined employment of the 2 largest successive shifts
Temporary sign, pertaining to lease, hire or sale of a building or premises	All	Not applicable

(Prior Code, § 156.170) (Ord. 12-1964, passed 8-11-1964)

§ 155.171 CONTINGENT USES; MAXIMUM HEIGHT.

Districts in Which Use is Permitted	Maximum Building Height in Feet
S, R-1, RB and I-R	25 feet or 2 stories
R-2, R-3, LB and T	35 feet or 2-1/2 stories
GB and I-1	60 feet or 5 stories

(Prior Code, § 156.171) (Ord. 12-1964, passed 8-11-1964)

§ 155.172 SPECIAL EXCEPTIONS AND REQUIREMENTS.

(A) Special exceptions:

Special Exceptions	Districts in Which Use May Be Permitted	Requirement Designation
Airport	S, I and I-R	All, d, gl, hl, i13, j, k, ml
Artificial lake of 3 or more acres	S, R-1, I and I-R	gl, j, m6
Cemetery	S and I	a12, f, hl, j, k, ml
Commercial farm enterprises	All	j
County club or golf course	All	al, i14, j, k, ml
Heliport	All	a10, d, g4, i13, i, k, ml
Hospital	All except I-1	a4, b3, f, i5, j, m3
Junk yard	I-1	b2, d, g3 or g5, i6, k, ml
Mobile home park	All, except R-1 and R-2	a5, b3, f, hl, i8, j, k, ml
Nursing home conversion	R-3, T, LB, GB and RB	a9, b5, c2, f, hl, i10, ml
Nursing home	All, except R-1 and R-2	a7, b5, e2, f, hl, i10, j, ml
Outdoor theater	S, RB, I-1 and I-R	b4, g4, j, k, m3
Outdoor commercial enterprise	All except R-1, R-2, R-3 and T	b2, cl, f, gl, hl, i9, j, k, ml
Penal or correctional institution	I-1	a12, b4, d, g5, i15, j, m3
Private recreational	All	b2, f, jl, i 15, j, k, ml development
Private school, including kindergarten or day nursery	All, except R-I, R-2 and I-1	a8, b5, e2, g2, i7, j, k, ml
Produce terminal wholesale or truck freight terminal	GB, RB, I-1 and I-R	a6, b4, f, hl, i6, j, k, m5
Professional office center	All, except S, R-1 and I-R	al, b5, c2, f, hl, i2, j, k, ml
Public camp	All, except S and I-R	a4, b4, d, j, k, ml
Public or employee parking areas	All	a2, j, k, 1, m6
Public park or public recreational facility	All	f, j, k, ml
Public or commercial sanitary fill	All	g4, m6
Radio or television tower	All	d, j, k, m2
Raising and breeding of non-farm fowl and animals, commercially, except kennel	GB, RB, I-1 and R-2	a10, b4, d, ml
Refuse dump	S, I-1 and F-2	a4, d, gl, m6
Shopping center plan	All, except R-1	See original § 4
Special school	LB, T, GB, RB and I-1	a8, b5, g2, i3, ml
Stadium or coliseum	All	a4, b3, f, hl, ill, j, k, m4
Tourist home	All, except S, R-1, R-2, I-R and I-1	al, bl, el, i12, k, m4
If the nature of the special exception involves more than 1 of those listed, the applicant may apply for an improvement location permit for the special exception which most closely relates to the primary use; provided that the requirements of all the related uses will be met.

(B) Use of # symbol in the figure indicates that the requirements of the district apply to the special exception where located.

(1) Minimum lot area or tract area:

Requirement Designation	Requirement
1.	#
2.	1,500 square feet
3.	25,000 square feet
4.	5 acres
5.	2 acres including 2,500 square feet per mobile home stand
6.	6 acres
7.	15,000 square feet but not less than 1,500 square feet per person cared for
8.	10,000 square feet
9.	2,500 square feet, but not less than 750 square feet per person cared for
10.	1 acre
11.	80 acres
12.	40 acres
13.	20 acres (tract)
14.	No requirement

(2) Minimum yards in feet:

	Front	Side (each)	Rear
1.	#	#	#
2.	#	40	40
3.	60	30	40
4.	100	75	40
(Abutting Residential)
5.	#	10	#
6.	25 feet plus add 1 foot for each 2 feet above 2 story level	12 feet plus add 1 foot for each 2 feet above 2 story level	20

(3) Building setback from centerline of interior road: 40 feet.

(4) Use permitted: Not closer than 200 feet to a residential use.

(5) Minimum gross floor area of principal buildings (square feet):

Requirement Designation	Requirement
1.	#
2.	Over 1,000

(6) Plan of landscape development to be submitted with application: May be combined with development plan.

(7) Fence:

Requirement Designation	Requirement
1.	6-foot wire mesh where accessible to the public
2.	4-foot wire mesh around play area
3.	Solid wall or solid painted fence 8 feet high
4.	4-foot wire mesh abutting residential use
5.	8-foot wire mesh fence covered and maintained with thick ivy growth

(8) Screen planting where abutting residential use (tight screen, effective at all times): Six-foot height by six-foot width.

(9) Number of parking spaces required:

Requirement Designation	Requirement
1.	#
2.	3 per professional person plus 1 per each employee
3.	1 per 3 employees plus 1 per 6 students
4.	1 per 3 employees plus 1 per 125 square feet of sales area
5.	1 per 4 beds plus 1 per doctor plus 1 per 3 employees plus 1 per hospital vehicle
6.	1 per 2 employees on largest shift
7.	1 per 2 employees plus 1 per 5 children to be accommodated
8.	1 per 2 employees plus 1 per mobile home stand
9.	1 per 3 employees plus 1 per 500 square feet of use area
10.	1 per each 5 patients, plus 1 per each staff member of Supervisor
11.	3 per 4 employees plus 1 per 4 seats
12.	1 per employee plus 1 per sleeping accommodation
13.	1 per employee plus 1 per 3 seats in waiting room
14.	30
15.	As determined by the Board. The determination shall be based upon the expected number of parking spaces the particular type of use would require to satisfy estimated peak parking load requirements.

(10) For multi-family dwellings:

Requirement Designation	Type of Multi-Family Dwelling	Requirement Designation
1.	With 1 bedroom or efficiency apartment	1 space
2.	For 2 bedroom units	1-1/2 spaces
3.	For 3 bedroom units	2 spaces

(11) Development plan: To be submitted with application.

(12) Outdoor advertising signs and outdoor artificial lighting: Shall be approved by the Board.

(13) There shall be no sales, dead storage, repair work or dismantling on the lot.

(14) Maximum height of structure in feet:

Requirement Designation	Requirement
1.	#
2.	As required by appropriate state or federal agency
3.	65
4.	35
5.	45
6.	No requirements, but in the case of multi-family use, structure shall not exceed height protection limit of available fire or safety apparatus.

(Prior Code, § 156.172) (Ord. 12-1964, passed 8-11-1964)

§ 155.173 AGRICULTURAL USES AND REQUIREMENTS.

(A) This district is established primarily for agricultural uses. The intent of this district is to promote and protect agricultural uses while providing limited low density rural residential development and related commercial activity.

(B) Permitted uses in the districts zoned as agricultural include the following:

(1) Agricultural uses:

(a) Grazing/pasture land;

(b) Livestock;

(d) Agricultural crop processing;

(e) Agricultural product storage;

(f) Agricultural product (seeds, fertilizer and the like) sales, distribution and storage;

(g) Kennel/animal boarding; and

(h) Farm implement storage (operable implements used in the in the farming operation).

(2) Residential uses:

(a) A single-family dwelling which is a detached building designed for or occupied by one family, exclusively;

(b) Child day-care home;

(d) Home occupation.

(3) Institutional/public uses:

(a) Church or other place of worship;

(b) Schools;

(d) Nature preserve; and

(e) Passive recreational trail.

(4) Communication/utilities:

(a) Utility substation;

(b) Transmission lines;

(d) Water tower; and

(e) Railroad right-of-way.

(C) Pursuant to the provisions and requirements of § 155.162, the following special uses are permitted in the areas zoned Agricultural only upon application and approval pursuant to the procedure and requirements set for in § 155.162:

(1) Agricultural uses:

(a) Confined animal feeding operation; and

(b) Livestock auction/sales.

(2) Residential uses:

(a) Dwelling, single-family (accessory, as an additional dwelling);

(b) A two-family dwelling which is a detached building designed for or occupied by two families, exclusively;

(d) Nursing home;

(e) Residential facility for developmentally disabled/mentally ill; and

(f) Bed and breakfast facility.

(3) Institutional/public uses:

(a) Parks and recreational uses;

(b) Universities, colleges or trade schools;

(d) Charitable uses.

(4) Communications/utilities:

(a) Local commercial uses;

(b) Wireless telecommunications facility/tower;

(d) Oil/gas field.

(Ord. 1-2012, passed 1-11-2012)

§ 155.174 SUBURBAN RESIDENCE USES AND REQUIREMENTS.

(A) The Suburban Residential District provides for controlled development in areas where public facilities are generally not available, thus encouraging responsible development for non-farm usage. Uses other than agricultural and residential shall be closely regulated to protect large areas of undeveloped land from incompatible land development.

(B) The purpose of the Suburban Residential District is to permit controlled development in the jurisdictional planning area of the city. It is the intent to closely regulate development in areas where public facilities are not generally available and thus encourage responsible development unimpeded by incompatible land uses.

(1) Nonresidential uses shall be restricted to those facilities which may appropriately be located in suburban areas to serve the needs of the residents and further restricted to those uses which will not create substantial negative impact on the area.

(2) All agricultural uses as set out in the city code shall be permitted uses in the Suburban Residence Districts.

(3) Residential uses:

(a) A single-family dwelling which is a detached building designed for or occupied by one family, exclusively;

(b) Child day-care home;

(d) Home occupation;

(e) Assisted living/retirement facility;

(f) Nursing home;

(g) Residential facility for developmentally disabled/mentally ill; and

(h) Bed and breakfast facility.

(4) Institutional/public uses:

(a) Church or other place of worship;

(b) Schools;

(d) Nature preserve; and

(e) Passive recreational trail.

(5) Communication/utilities:

(a) Transmission lines;

(b) Water tower; and

(D) Pursuant to the provisions and requirements of § 155.162, the following special uses are permitted in the areas zoned Suburban Residential only upon application and approval pursuant to the procedure and requirements set for in § 155.162:

(1) Residential uses:

(a) Dwelling, single-family (accessory, as an additional dwelling); and

(b) A two-family dwelling which is a detached building designed for or occupied by two families, exclusively.

(2) Institutional/public uses:

(a) Parks and recreational uses;

(b) Universities, colleges or trade schools;

(d) Charitable uses.

(3) Communications/utilities:

(a) Utility substation;

(b) Public well field/pump house;

(d) Wireless telecommunications facility/tower;

(e) Mineral extraction; and

(f) Oil/gas field.

(E) The following district standards shall apply only to non-farm residential areas.

(1) (a) Only one dwelling unit shall be constructed on a single parcel of land in this district.

(b) No building shall hereafter be erected, reconstructed or structurally altered in any manner which will encroach upon or reduce the requirements of this Zoning Code.

(2) No building shall hereafter be erected, reconstructed or structurally altered to exceed 35 feet in height from the natural or pre-existing grade. No dwelling shall be less than 960 square feet of occupied space.

(3) The minimum lot area shall be 21,780 square feet with a width of not less than 100 feet at the established building location.

(4) (a) There shall be a front yard having a depth of not less than 25 feet. When the abutting right-of-way is a state or county highway, the minimum setback shall be 85 feet measured from the centerline of the road or 50 feet from the property line, whichever distance is greater.

(b) Where a lot has a double frontage, it shall have the required front yard in both streets.

(c) Where a lot is located at the intersection of two or more streets, it shall have the required front yard setback on each street side of the lot.

(5) The minimum side yard for an interior lot shall be no less than ten feet in width, and there shall be two side yards on all interior lots.

(6) There shall be a rear yard on every lot the depth of which shall not be less than 25 feet.

(7) All other improvement standards such as fences, visibility clearance, signage, construction standards and water runoff containment in force under the city’s ordinances shall be in full force in effect.

(Ord. 1-2012, passed 1-11-2012)

§ 155.175 MANUFACTURE HOME PARK USES AND REQUIREMENTS.

(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

MANUFACTURED HOME PARK. A parcel of land containing two or more dwelling sites, with required improvements and utilities, that are leased for long term placement of mobile home dwellings and/or manufactured home dwellings, and shall include any street used or intended for use as part of the facilities of such MANUFACTURED HOME PARK. This term shall not include sales of mobile home dwellings or manufactured home dwellings in which unoccupied units are parked for inspection or sale.

(B) This designation is intended to provide a land use district for manufactured home parks in the community as attractive and decent affordable housing. Manufactured home parks shall be in accordance with I.C. 16-41-21 et seq., Rule 410 I.A.C. 6-6, and their subsequent amendments, the State Board of Health Requirements and the requirements of all other applicable local ordinances.

(1) Residential uses:

(a) Mobile homes;

(b) Manufactured homes;

(d) Home occupations; and

(e) Residential facility for developmentally disabled/mentally ill.

(2) Institutional uses:

(a) Church or place of worship;

(b) Parks and recreation uses;

(d) Passive recreational trail; and

(e) Public structures and uses in accordance with the intent of this district.

(D) Pursuant to the provisions and requirements of § 155.162, the following special uses are permitted in the areas zoned manufactured home park only upon application and approval pursuant to the procedure and requirements set for in § 155.162:

(1) Institutional/public uses:

(a) Police, fire or rescue station;

(b) Government office/facility; and

(2) Communication/utilities:

(a) Utility substation;

(b) Public well field/pump house;

(d) Wireless telecommunication facility/tower.

(E) The following district standards shall apply to all properties located in the Manufactured Home Park Districts.

(1) The minimum lot area for the manufactured home park shall be ten acres with a width of not less than 200 feet at the established building location. The minimum lot coverage shall be a maximum of 65% with a minimum frontage lot with of 100 feet.

(2) The front setback for the manufactured home park shall have a depth of not less than 50 feet. Where a lot has a double frontage, it shall have the required front setback on both streets.

(3) The minimum side setback for the manufactured home park shall be no less than 30 feet in width, for a total of 60 feet for both side setbacks.

(4) The minimum rear setback for the manufactured home park shall not be less than 30 feet.

(5) The manufactured home park must use public water and sewer utilities, when available, and all utilities, streets and sidewalks must meet the city’s water, sanitary sewer and street utilities standards and specifications.

(6) All other improvement standards such as fences, visibility clearance, signage, construction standards and water runoff containment in force under city ordinances shall be in full force in effect.

(7) A buffer yard shall include a minimum setback of ten feet in addition to the yard setback otherwise required by this code. In addition, one deciduous canopy tree must be planted in the buffer yard for every 30 feet of contiguous boundary between the subject and adjoining properties. All trees shall be a minimum of two and one-half-inch caliper as measured consistent with the American Nursery Standards Institute (ANSI), six inches from the top of the root ball, at the time of planting.

(8) The manufactured home park shall contain a common green space for the use of all inhabitants which shall be 10% of the total square footage of usable space contained within the manufactured home park.

(9) Each dwelling site contained within the manufactured home park shall have a front setback of 15 feet, and a side and rear setback of ten feet per side. The minimum dwelling site size shall be 3,000 square feet with a minimum site width of 40 feet and a minimum depth of 75 feet. Each dwelling site shall contain two parking spaces per unit upon the dwelling site.

(10) All individual lots must be accessible from internal access roads.

(11) Only one dwelling unit shall be installed upon each dwelling site and each unit shall contain a minimum of 960 square feet of living space with a maximum height of 24 feet. Each dwelling site shall be allowed one accessory structure with a maximum total area of 200 square feet and maximum height of 15 feet.

(Ord. 1-2012, passed 1-11-2012) Penalty, see § 155.999