Centerville City Zoning Code
GENERAL PROVISIONS
§ 154.001 SHORT TITLE.
This chapter, and all ordinances supplemental or amendatory thereto, shall be known and may be cited hereafter, as the “Zoning Code of the town”.
(Prior Code, § 154.001) (Ord. 1-1957, passed 5-27-1957)
§ 154.002 INTERPRETATION.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, morals, convenience and general welfare.
(Prior Code, § 154.002) (Ord. 1-1957, passed 5-27-1957)
§ 154.003 APPLICATION OF OTHER RESTRICTIONS.
It is not intended by this chapter to interfere with, abrogate or annul any easements, covenants or other agreements between parties, nor to interfere with, abrogate or annul any ordinances (other than expressly repealed hereby), rules, regulations or permits previously adopted or issued, and not in conflict with any of the provisions of this chapter, or which shall be adopted or provided. However, where this chapter imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires larger open spaces or greater lot area per family, than are required by or imposed by any easements, covenants or agreements between parties, or by any ordinances, rules, regulations or permits, the provisions of this chapter shall control.
(Prior Code, § 154.003) (Ord. 1-1957, passed 5-27-1957)
§ 154.004 DEFINITIONS - SPECIFICATION A.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE. A use which is incidental to the main use of the premises.
ALLEY. A public thoroughfare which affords only secondary means of vehicular access to abutting property, and is less than 30 feet in width between property lines.
BASEMENT. A story partly underground, but having not less than one-half of its clear height below, which unless subdivided into rooms and used for tenant purposes, shall not be included as a story for the purpose of height measurements.
BLOCK. Property having frontage on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, waterway or other barrier.
BOARD. The Board of Zoning Appeals of the town.
BOARDING HOUSE. A building not open to transients, where lodging or meals are provided for three or more, but not over 30 persons regularly; a LODGING HOUSE.
BUILDING. A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels or property. When separated by party walls, without openings through these walls, each portion of such a BUILDING shall be considered a separate structure. The word BUILDING includes structure and vice versa.
BUILDING, ACCESSORY. A subordinate building, or a portion of a main building, the use of which is incidental to that of the main building.
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, 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, 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 the wall of the PRINCIPAL BUILDING, or where an accessory building is attached to the main building in a substantial manner by a roof, the 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, or 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 automobile house trailers, or two or more camping parties, including cabins, tents or other camping outfits.
COMMERCIAL. See BUSINESS.
DISTRICT. A section of the town or the jurisdictional area for which uniform regulations governing the use, height, area, size and intensity of use of buildings and land, and open spaces about buildings, are herein established.
FAMILY. A group of one or more persons occupying a building and living as a single housekeeping unit. No unrelated group living as a single housekeeping unit shall consist of more than six persons, as distinguished from a group occupying a lodging house or hotel.
GARAGE.
(1) GARAGE, PRIVATE. An accessory building with capacity for not more than three motor vehicles for storage only, not more than one of which may be a commercial vehicle of not more than three tons’ capacity. However, a garage designed to house one motor vehicle for each family housed in an apartment shall be classed as a PRIVATE GARAGE.
(2) GARAGE, PUBLIC. Any building or premises, except those defined herein as a private garage, used for the storage or care of motor vehicles, or where motor vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.
GROUND FLOOR AREA. The square foot area of a residential building within its largest outside dimensions computed on a horizontal plan at the ground floor level, exclusive of open porches, breezeways, terraces, garages or exterior and interior stairways.
HOME OCCUPATION. An occupation carried on by a member of the family residing on the premises, in conjunction with which no commodity is sold or stock in trade is kept on the premises; no person is employed other than a member of the family; and no sign, other than a nameplate not exceeding one square foot in area, is displayed.
HOTEL. A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contra-distinction to a boarding or lodging house.
JURISDICTIONAL AREA. For planning and zoning, JURISDICTIONAL AREA shall be the town and the contiguous unincorporated territory, shown on a map filed by the town’s Plan Commission with the County Recorder.
KENNEL. Any lot or premises on which four or more dogs, 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-foot by 35-foot loading space, with a 14-foot height clearance.
LODGING HOUSE. See BOARDING HOUSE.
LOT. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one principal building and its accessory buildings and the open spaces required by this chapter, and having its principal frontage on a street.
LOT, CORNER. A lot abutting upon two or more streets at their intersection.
LOT COVERAGE. The percentage of the lot area covered by the building area.
LOT, DEPTH OF. The mean horizontal distance between the front line and the rear line of the lot, measured in the general direction of the side lot lines.
LOT, GROUND LEVEL.
(a) For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street;
(b) For buildings having walls adjoining more than one street, the average of the elevation of the sidewalk at the center of all walls adjoining the streets;
(c) For buildings having no wall adjoining the street, the average level of the ground adjacent to the exterior walls of the building; and
(d) Any wall approximately parallel to and not more than five feet from a street is to be considered as adjoining the street.
LOT, INTERIOR. A lot other than a corner lot or through lot.
LOT, THROUGH. A lot having frontage on two streets at opposite ends of the lot.
LOT, WIDTH OF. The distance between the side lot lines at the front line of the building, measured at right angles to the depth of the lot.
LOT LINE.
(1) LOT LINE, FRONT. In the case of an interior lot, a line separating the lot from the street and, in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street, except in cases where deed restrictions in effect specify another line as the FRONT LOT LINE.
(2) 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 front lot line.
(3) LOT LINE, SIDE. Any lot boundary line not a front lot line or a rear lot line.
MOTEL. A building or group of buildings, in which lodging is provided and offered to the public for compensation, and catering primarily to the public traveling by motor vehicle.
NON-CONFORMING USE. A building or premises which does not conform in its use or otherwise with all of the regulations of the district in which the building or premises is located.
PARKING LOT. A parcel of land devoted to unenclosed parking space for five or more motor vehicles, for compensation or otherwise.
PROFESSIONAL OFFICE. Office of members of recognized professions, such as an architect, artist, dentist, engineer, musician, physician, surgeon or other professional person.
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 the HALF-STORY.
STREET. A public thoroughfare 30 feet or more in width between property lines, which affords the principal means of vehicular access to abutting property.
STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on the ground, or which is attached to something permanently located on the ground. The word STRUCTURE includes building and vice versa.
STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls, partitions, columns, beams or girders or any substantial change in the exterior walls or the roof.
TOURIST HOME. A dwelling in which overnight accommodations for not more than five transient guests is offered for compensation.
VEHICLE PARKING SPACES. The area required for parking one automobile, which in this chapter is held to be an area nine feet wide and 20 feet long, plus 70 square feet of maneuver area for each vehicle parking space.
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 height of three and one-half and 12 feet above established grade, determined by a diagonal line connecting two points measured equi-distant from the corner along each property line.
YARD.
(1) YARD, FRONT. Horizontal space measured at 90 degrees with the property line, between the front line of the principal building and the property line of the street upon which the building faces, unoccupied other than by steps, walks, terraces, handicapped ramps and open, unroofed, unenclosed porches or architectural appurtenances projecting not more than 24 inches from the building.
(2) YARD, REAR. Horizontal space measured at 90 degrees to the rear lot line, between the rear of the principal building and the rear line of the lot, unoccupied other than by vehicle parking space, architectural appurtenances or accessory buildings which do not occupy more than 30% of the required rear yard.
(3) YARD, SIDE. Horizontal space measured at 90 degrees to the side lot line between the side of a building and the adjacent side line of the lot, unoccupied other than by architectural appurtenances projecting not more than 24 inches, or open or lattice- enclosed fire escapes or fire-proof outside stairways, projecting not over four feet.
ZONE. Same as DISTRICT.
(Prior Code, § 154.004) (Ord. 1-1957, passed 5-27-1957; Ord. 3-1978, passed 12-5-1978; Ord. 4-1979, passed 10-2-1979; Ord. 1992-3, passed 12-1-1992)
§ 154.005 JURISDICTION OVER TWO-MILE FRINGE AREA.
(A) Pursuant to I.C. 36-7-4-205, the Council of the town, a town having a master plan for planning and zoning and a Plan Commission, hereby gives notice that it intends to take jurisdiction of the following fringe area currently under the control of the county for the exclusive purpose of planning and zoning: beginning at the intersection of the center of Ruby Road and Nolands Fork River and running east on Ruby Road to the center of Mattie Harris Road; then north on Mattie Harris Road to the center of Shoemaker Road; then east on Shoemaker Road to the center of Airport Road; then north on Airport Road to the center of Section 21, Township 16 north, Range 14 east; then west from the center of Section 21, 1,320 feet to the west line of the Richmond Sanitary District; then north to the railroad right-of-way; then northeast along the railroad right-of-way to the center of Section 21; then north to the center of College Corner Road; then west on College Corner Road to the center of Nolands Fork River; then south along the river to Ruby Road and the place of beginning.
(B) This area is contiguous to and within two miles of the current corporate boundaries of the town.
(Prior Code, § 154.005) (Ord. passed 9-19-1977; Ord. passed 11-9-1977)
§ 154.006 ZONING DISTRICTS.
The town and the jurisdictional area are hereby divided into nine districts in order to carry out the purposes of this chapter. The districts shall be known and designated throughout this chapter as follows:
Name of District | Designation Hereinafter |
Name of District | Designation Hereinafter |
General Business District | “GB” |
Industrial District | “I” |
Local Business District | “LB” |
Reserved-Industrial District | “RI” |
Shopping Center District | “SC” |
Single-Family Residence District | “A” |
Single-Family Residence District | “B” |
Suburban Residence District | “S” |
Two-Family and Multi-Family Residence District | “C” |
(Prior Code, § 154.006) (Ord. 1-1957, passed 5-27-1957)
§ 154.007 DETERMINATION, INTERPRETATION OF DISTRICT BOUNDARIES.
(A) In determining the boundaries of districts, and establishing the regulations 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 town.
(B) Where uncertainty exists as to the exact boundaries of any district as shown on the zone maps, 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 maps.
(2) In the case of further uncertainty, the Board of Zoning Appeals shall interpret the intent of the zone maps as to the location of the boundary in question.
(Prior Code, § 154.007) (Ord. 1-1957, passed 5-27-1957)
§ 154.008 ZONING MAPS.
(A) (1) Two zone maps, dated 6-4-1957, are hereby declared to be a part of this chapter.
(2) The zone maps show the areas included in the districts referred to in § 154.006 of this chapter.
(3) Notations, references, indications and other matters shown on the zone maps are as much a part of this chapter as if they were fully described in the text of this chapter.
(4) Two copies of the zone maps are on file in the office of the Clerk-Treasurer.
(B) The Clerk-Treasurer of the town is hereby directed to keep on file two copies of the zone maps referred to in division (A) above and of the specifications referred to herein. The maps and specifications shall be available for public inspection during all regular office hours of the Clerk-Treasurer.
(Prior Code, § 154.008) (Ord. 1-1957, passed 5-27-1957)
§ 154.009 ANNEXED OR VACATED AREAS.
(A) Territory which may hereafter be annexed to the town shall remain as zoned unless changed by an amendment of this chapter.
(B) 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, waterway 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.
(Prior Code, § 154.009) (Ord. 1-1957, passed 5-27-1957)
§ 154.010 GENERAL USE AND HEIGHT REGULATIONS.
(A) 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.
(B) No building shall be erected, reconstructed or structurally altered to exceed in height the limits established and specified for the use and the district in which the building is located.
(Prior Code, § 154.010) (Ord. 1-1957, passed 5-27-1957) Penalty, see § 154.999
§ 154.011 GENERAL YARD AND LOT REGULATIONS.
No building shall be erected, reconstructed or structurally altered in any manner which will encroach upon, or reduce in any manner, the yards, lot area per family, ground floor area of residential buildings or lot coverage regulations, established and specified for the use and the district in which the building is located. Every building hereafter erected shall be located on a lot which fronts on a street.
(Prior Code, § 154.011) (Ord. 1-1957, passed 5-27-1957; Ord. 4-1979, passed 10-2-1979) Penalty, see § 154.999
§ 154.012 OFF-STREET PARKING; LOADING AND UNLOADING BERTHS.
Every building erected after 5-27-1957 shall provide off-street parking space for motor vehicles and loading and unloading berths, as specified hereinafter, for the use to which the building is to be devoted.
(Prior Code, § 154.012) (Ord. 1-1957, passed 5-27-1957)
§ 154.013 NON-CONFORMING USE SPECIFICATIONS.
(A) The lawful use of a building or premises existing on 5-27-1957 may be continued although the use does not conform to all the provisions of this chapter, except as hereinafter provided.
(1) A non-conforming use may be extended throughout a building; provided, no structural alterations other than those required by law are made therein.
(2) A non-conforming use may be changed to another non-conforming use of the same or greater restrictions; provided, no structural changes are made in the building. Whenever a non-conforming 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 non-conforming use of a less restricted one.
(3) No building shall be erected upon any premises devoted to a non-conforming use, and no building located upon such premises which has been damaged by fire or other causes to the extent of more than 75% of its appraised valuation shall be repaired or rebuilt, except in conformity with the regulations of this chapter.
(4) The Board of Zoning Appeals may authorize by written permit, in a residence district for a period of not more than one year from the date of the permit, a temporary building for commercial or industrial use incidental to the residential construction and development of the district.
(5) In the event that a non-conforming use of any building or premises is discontinued for a period of two years, the use of the building or premises shall thereafter conform to the uses permitted in the district in which it is located.
(6) The use of land for storage purposes which may become a non-conforming use by reason of an amendment to this chapter, shall be discontinued within five years from the date of passage of the amendment.
(B) These provisions apply in the same manner to a use which may become a non-conforming use due to a later amendment to this chapter.
(Prior Code, § 154.013) (Ord. 1-1957, passed 5-27-1957)
§ 154.014 AMENDMENTS.
All amendments to this chapter shall be in conformance with the provisions of I.C. 36-7-4-100 et seq. and all acts amendatory thereto. Any proposed amendment shall be submitted to the town’s Plan Commission for report and recommendation prior to any action thereon by the Council. If the town’s Plan Commission recommends against the enactment of any proposed amendment, it shall become effective only by a three-fourths vote of the Council.
(Prior Code, § 154.014) (Ord. 1-1957, passed 5-27-1957)
§ 154.015 REMEDIES.
The town’s Plan Commission, the Board of Zoning Appeals, the Building Commissioner, any designated enforcement official, or any person, firm or corporation jointly or severally aggrieved, may institute a suit for injunction in the Circuit Court of the county to restrain an individual or a governmental unit from violating the provisions of this chapter. The town’s Plan Commission or the Board of Zoning Appeals may also institute a suit for mandatory injunction directing any individual, a corporation or a governmental unit to remove a structure erected in violation of the provisions of this chapter. Any building erected, raised or converted, or land or premises used in violation of any provisions of this chapter or the requirements thereof, is hereby declared to be a common nuisance and as such may be abated in the manner that nuisances are now or may hereafter be abated under existing law.
(Prior Code, § 154.015) (Ord. 1-1957, passed 5-27-1957)
§ 154.016 AUTHORITY OF BUILDING COMMISSIONER.
The Building Commissioner is hereby designated and authorized to enforce this chapter.
(Prior Code, § 154.016) (Ord. 1-1957, passed 5-27-1957)
§ 154.017 SIGN REGULATIONS.
(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
SIGN. Any identification, description, display or illustration which is affixed to, or painted or represented directly or indirectly on, a building or other outdoor surface or parcel of land, and which directs attention to an object, product, place, activity, business, person, service or interest.
(B) No sign or billboard will be permitted until permits are obtained therefor, except as regulated otherwise in this section.
(C) (1) Signs not exceeding one square foot in area and bearing only property numbers, address numbers, names of occupants of the premises and their professions; temporary signs in connection with special events; or real estate signs are exempted.
(2) The sign shall not exceed 16 square feet.
(D) Signs may be illuminated, but not flashing or animated.
(E) A projected sign shall not exceed 32 square feet in surface area on each side.
(F) A flat sign cannot project out over 18 inches from the building. Flat signs cannot be more than 30% of the area of the width of the building. Flat signs shall be mounted on the face of the building only.
(G) All signs shall be kept in repair and in proper state of preservation.
(H) Whenever any movable or unattached sign is erected or maintained in violation of this section, the sign may be removed by action of the Building Commission and the Town Council after notifying the person responsible for the erection of the sign and giving the person a period of time not to exceed seven days to correct the violation.
(I) All signs not described above shall be considered non-conforming and may be allowed subject to approval of the Building Commissioner, the Planning Commission and the Town Council.
(J) All applications for sign permits shall be accompanied by a sketch of the design, dimensions, colors and mounting specs. Any deviation from the submitted design must be approved by the Building Commissioner prior to the erection of the sign.
(K) All signs must be aesthetically suitable to the surrounding buildings.
(L) Permits for all permanent signs shall be issued by the Building Commissioner for a fee of $15.
(M) Anyone who violates any provision of this section shall be subject to a fine as set forth in § 154.999 of this chapter, in addition to subjecting the sign to removal pursuant to division (H) above.
(Prior Code, § 154.017) (Ord. 5-1984, passed 10-2-1984) Penalty, see § 154.999