Charlestown City Zoning Code

ZONING DESIGNATIONS

§ 157.15 GENERAL REQUIREMENTS FOR ALL ZONING DESIGNATIONS.

Except as otherwise provided, the following standards shall apply in all areas that have any zoning designation.

(A) Drainage. The city’s drainage ordinance, codified in Chapter 155 of this code, shall apply.

(B) General off-street parking and loading requirements.

(1) Where a particular use in a specific district requires off-street parking, off-street parking shall be defined as hard surface area; parking spaces shall be a minimum of ten feet in width and 25 in length. If the off-street parking space cannot be provided on the same lot, which the principal use is conducted, the Plan Commission may permit such space be provided on other off-street property, provided such space be within 300 feet of any entrance to such principal use.

(2) Such off-street parking space shall thereafter be deemed to be required open space associated with this permitted use and shall not be reduced nor encroached upon in any manner. Where the specific use or district requires off-street loading of facilities each single loading berth shall be not less than ten feet in width and 45 feet in length and 14 feet in height if enclosed.

(C) Obstructions to vision at intersections prohibited. No fence, wall, hedge, signs, earth terraces, parking facilities or other structure or plant which would obstruct motor vehicle visibility, traffic approaching a corner or intersection shall be erected.

(D) Off-street parking and loading.

(1) One space for each 400 square feet of gross floor space, and for office uses one space for each 300 square feet of gross floor area. For theaters, auditoriums, including school auditorium, church or other place of public assembly, there shall be a minimum of one space for each eight seats available at maximum capacity. Wholesale storage and manufacturing establishments shall have one space for each two employees per shift.

(2) At least one off-street loading space shall be provided for every hospital, institution, commercial and industrial building erected after the date of this chapter with a floor area of 5,000 square feet or more. Each loading space shall have a minimum width of 12 feet, a minimum length of 35 feet, and a minimum height, if covered, of 14 feet. Each loading space shall have access to a public street or alley.

(E) Utilities. All structures shall be attached to public water and sanitary sewer facilities that have been approved by those local, state and federal agencies charged with the licensing, permitting and monitoring of said facilities. Any utilities installed, such as electric, telephone, gas, sewer, water and cable television services shall be installed underground.

(F) Utility plans to be submitted prior to construction.

(1) It is beneficial for efficient and intelligent location of utility facilities that no utility facilities ultimately intended for use as trunk lines, distribution lines, collection lines or mains shall be constructed within the area where these zoning regulations are in effect, without the person owning the facilities or constructing the facilities having first obtained all requisite state-required approvals in advance.

(2) In addition, proof shall be provided to the city’s Plan Commission that copies of the engineering plans for all utility facilities shall be provided at least 60 days in advance of any construction, to the following entities:

(a) The City Development Coordinator;

(b) The city’s sewage utility;

(d) The city’s Volunteer Fire Department;

(e) The city’s Board of Public Works and Safety;

(f) The state’s Utility Regulatory Commission;

(g) The state’s Department of Transportation (if the utility facilities are located adjacent to a state-maintained roadway); and

(h) The owners of all real properties upon which the utility facilities are to be located.

(3) In addition to any other penalties that might be imposed, a person or entity failing to comply with this provision shall immediately cease construction of the utility facilities until 60 days after providing proof of providing notice, as required above.

(Ord. 2003-OR-14, passed 5-8-2003) Penalty, see § 157.99

§ 157.16 RESIDENTIAL ZONING DESIGNATIONS.

(A) Designations. The following standards shall apply in all residential areas designated for single-family uses. Those designations shall include:

(1) R Residential;

(2) R-1 Single-Family Residential;

(3) R-2 Rural Residential;

(4) R-3 Two-Family Residential; and

(5) R-4 Multi-Family Residential.

(B) General requirements for residential zoning designations. Except as otherwise provided, the following standards shall apply in all areas designated for residential zoning.

(1) Accessory building coverage. Except in areas designated for agricultural zoning, the total square footage of all accessory buildings shall not exceed 50% of the first floor square footage of the primary building.

(2) Exterior construction. The exterior construction of all structures built in areas designated for residential use, above ground level, shall be 70% brick or decorative stone walls, with the remainder of the exterior surfaces being built from maintenance-free materials. In addition, all roofs shall have a pitch of at least five to 12 or steeper.

(3) Group homes. GROUP HOMES are defined as dwellings where up to eight resident patients or individuals with special medical or social services needs reside and are provided with assistance in receiving the necessities of life. Excluding full-time group home parents, a GROUP HOME shall not have more than two staff members on duty at one time and shall not include the provision of acute medical care services to the patient/residents.

(4) Height restrictions.

(a) The maximum height in any area designated for a single-family residential use shall be as follows:

1. Primary building: 30 feet; and

2. Accessory building: 15 feet.

(b) In any case, the accessory building shall not have a height in excess of that of the primary building.

(5) In-home day care facilities. IN-HOME DAY CARE FACILITIES are residential child care operations where one or more residents of the dwelling provide child care for up to eight children, including children under the age of 16 that reside at the residence.

(6) Maintenance-free materials. MAINTENANCE-FREE MATERIALS are exterior materials that have a useful life expectancy, without painting or coating with any substance, of at least 30 years. Examples include, but are not limited to: Vinyl siding; aluminum siding; and anodized metal.

(7) Maximum lot coverage. MAXIMUM LOT COVERAGE is the portion of the lot covered by the footprint of primary and accessory buildings.

(8) Minimum floor area. MINIMUM FLOOR AREA refers to the square footage of living space and porches, carports, stoops, breezeways, basements and garages shall not be used for calculating that area.

(9) Minimum lot width. Minimum lot width shall not be less than 75% of the minimum road frontage.

(10) Minimum road frontage. Minimum road frontage is the width of a lot at the public roadway upon which it fronts.

(11) Off-street parking. Off-street parking in residential zoning designations shall be a minimum of two spaces per single-family dwelling unit. Parking areas shall be paved with a non-porous pavement or concrete.

(12) Permitted uses. No building structure or premises shall be used, arranged or designed in any residential zoning designation to be used except for one or more of the following uses:

(a) Single-family dwelling;

(b) Accessory uses to single-family dwelling;

(d) In-home day care facilities; and

(e) Churches.

(13) Road frontage. All parcels of property in a residential designation shall front on a public roadway that has been accepted by the city or its municipal predecessor in interest. ROAD FRONTAGE is the actual distance that one side of the parcel is contiguous with a public roadway.

(14) Roof overhangs. Structures built in areas designated for residential use shall have roofs that overhang the exterior walls of the buildings (both main and accessory) by at least 12 inches.

(15) Width/depth ratio. No parcel of land developed after the date of the passage of this chapter shall have a depth that is more than four times the road frontage.

(1) Intention of Designation. The R Residential Designation is intended for low-density, single-family residential development in locations of the city, which contain previously platted smaller lots located within existing residential zoning areas. The R Designation is a stand-alone designation and is not a part of a hierarchy system of zoning. For example, what is permitted in the R Designation is not permitted in the R-1 Designation. Only those uses and development standards that are expressly permitted and noted herein apply to the R Designation.

(2) Lot size. The minimum lot size and dimensions for a single-family dwelling shall be as follows:

(a) Density: The minimum lot size shall be 9,600 square feet; and

(b) Minimum road frontage: 60 feet.

(3) Minimum floor area. The minimum floor shall be 1,100 square feet.

(4) Setback lines. The minimum setback lines for a lot used for a single-family dwelling in this Designation shall be as follows.

(a) The front yard setback shall be at least 70 feet measured from the center of the pavement, or as far back from the pavement as the adjoining house nearest to the pavement, whichever is greater.

(b) The side yard setback shall be a minimum of 12 feet.

(5) Lot coverage. The maximum lot coverage shall not exceed 25% of the lot area.

(D) R-1 Residential.

(1) Intention of Designation. The R-1 Residential Designation is intended for moderately dense single-family residential developments. The R-1 Designation is a stand-alone designation and is not a part of a hierarchy system of zoning. For example, what is permitted in the R-1 Designation is not permitted in the R-2 Designation. Only those uses and development standards that are expressly permitted and noted herein apply to the R-1 Designation.

(2) Lot size. The minimum lot size and dimensions for a single-family dwelling shall be as follows:

(a) Density: The minimum lot size shall be 12,000 square feet; and

(b) Minimum lot frontage: 75 feet, provided that any plat of a subdivision consisting of five lots or more submitted for plat approval in accordance with the subdivision control ordinance may reduce such minimum width of 20% of the total number of lots within such plat to a minimum of 60 feet.

(3) Minimum floor area. The minimum floor shall be 1,500 square feet.

(4) Setback lines. The minimum setback lines for a lot used for a single-family dwelling shall be as follows.

(a) The front yard setback shall be a minimum of 50 feet measured from the right-of-way line of the road.

(b) The side yard setback shall be a minimum of 15 feet.

(5) Lot coverage. The maximum lot coverage shall not exceed 30% of the lot area.

(E) R-2 Rural Residential.

(1) Intention of Designation. The R-2 Residential Designation is intended to permit limited residential development in rural areas in order to satisfy individual housing preferences. The R-2 Designation is an exclusive designation and is not a part of a hierarchy system of zoning. Except as expressly allowed, what is permitted in the R-1 Designation is not permitted in the R-2 Designation. Only those uses and development standards that are expressly permitted and noted herein apply to the R-2 Designation.

(2) Lot size. The minimum lot size and dimensions for a single-family dwelling shall be as follows:

(a) Density: The minimum lot size shall be 20,000 square feet; and

(b) Minimum lot frontage: 100 feet, provided that any plat of a subdivision consisting of five lots or more submitted for plat approval in accordance with the subdivision control ordinance may reduce such minimum width of 20% of the total number of lots within such plat to a minimum of 80 feet.

(3) Minimum floor area. The minimum floor shall be 1,800 square feet. In multi-level dwellings, the first story must contain at least 1,200 square feet.

(4) Setback lines. The minimum setback lines for a lot used for a single-family dwelling shall be as follows.

(a) The front yard setback shall be a minimum of 50 feet measured from the right-of-way line of the road.

(b) The side yard setback shall be a minimum of 15 feet.

(5) Lot coverage. The maximum lot coverage shall not exceed 30% of the lot area.

(F) R-3 Two-Family Residential.

(1) Intention of District. The R-3 Residential District is intended to provide for urban density, residential development and allow for more choice in dwelling unit types by providing for two-family dwelling structures. The R-3 District is a stand-alone district and is not a part of a hierarchy system of zoning. For example, what is permitted in the R-2 District is not permitted in the R-3 District. Only those uses and development standards that are expressly permitted and noted herein apply to the R-3 District.

(2) Permitted uses. In addition to the general permitted uses the following uses shall be permitted:

(a) Two-family dwelling; and

(b) Accessory uses to two-family dwelling.

(3) Lot size. The minimum lot size and dimensions for a two-family dwelling shall be as follows:

(a) Density: The minimum lot size shall be 12,000 square feet; and

(b) Minimum lot width: 120 feet.

(4) Minimum floor area. The minimum floor area shall be 1,000 square feet per unit. In computing the square footage, porches, carports, stoops, breezeways, basements and garages shall not be used.

(5) Setback lines. The minimum setback lines for a lot used for a two-family dwelling shall be as follows.

(a) The front yard setback shall be a minimum of 50 feet measured from the right-of-way line of the road.

(b) The side yard setback shall be a minimum of 15 feet.

(6) Lot coverage. The maximum lot coverage shall not exceed 40% of the lot area.

(7) Accessory building coverage. Accessory building coverage shall not exceed 25% of the first floor area.

(G) R-4 Multi-Family Residential.

(1) Intention of District. The R-4 Residential District is intended to provide for multi-family residential development of three or more units, including detached, attached or semi-attached dwellings. The R-4 District is a stand-alone district and is not a part of a hierarchy system of zoning. For example, what is permitted in the R-3 District is not permitted in the R-4 District. Only those uses and development standards that are expressly permitted and noted herein apply to the R-4 District.

(2) Permitted uses. No building structure or premises shall be used, arranged or designed to be used except for one or more of the following uses:

(a) Multi-family dwelling (three or more families); and

(b) Accessory uses to multi-family dwelling.

(3) Lot size. The minimum lot size and dimensions for a multi-family dwelling shall be as follows:

(a) Density: The minimum lot size shall be 7,000 square feet per first floor dwelling unit; and

(b) Minimum lot width: 100 feet on a public roadway.

(4) Minimum floor area. The minimum floor area shall be 1,000 square feet per unit.

(5) Setback lines. The minimum setback lines for a lot used for a multi-family residential development shall be as follows.

(a) The front yard setback shall be a minimum of 50 feet measured from the right-of-way line of the road.

(b) The side yard setback shall be a minimum of 15 feet.

(d) Distance between buildings: In projects containing two or more buildings the minimum distance between all buildings shall be 30 feet.

(6) Height restrictions. The maximum height in an R-4 District shall be as follows:

(a) Primary building: 35 feet; and

(b) Accessory building: The maximum height of an accessory building shall not exceed the height of the primary building and in no case shall exceed 20 feet.

(7) Landscaping and buffering. Twenty-five feet of the front setback area and the rear and side setback areas shall be maintained in natural material and utilized for landscaping purposes. Said landscaping materials shall include appropriate vegetation, durable plants and trees such as pine and evergreen species from the front building line to the rear. Any lot within this District that abuts any lot utilized for residential purposes shall also be screened with a combination of opaque fencing, not to exceed six feet, and natural material consisting of either small trees and/or shrubs.

(8) Lot coverage. The maximum lot coverage shall not exceed 40% of the lot area.

(9) Accessory building coverage. The total square footage of accessory buildings shall not exceed 50% of the first floor square footage of the primary building.

(10) Trash receptacles. Space shall be provided for trash receptacles for tenants of buildings having three or more dwelling units. The spaces shall have a brick exterior and be gated so that dumpsters or other trash receptacles are not visible when the gate is closed. Unless the trash receptacle areas are being entered, exited or the receptacles emptied, the gates shall remain closed.

(Ord. 2003-OR-14, passed 5-8-2003)

§ 157.17 GENERAL REQUIREMENTS FOR BUSINESS AND INDUSTRIAL ZONING DESIGNATIONS.

Except as otherwise provided, the following standards shall apply in all areas designated for business and industrial uses.

(A) Accessory building coverage. The total square footage of accessory buildings shall not exceed 25% of the first floor square footage of the primary building.

(B) General off-street parking and loading requirements.

(1) Where a particular use in a specific district requires off-street parking, OFF-STREET PARKING shall be defined as hard surface area; parking spaces shall be a minimum of ten feet in width and 25 in length. If the off-street parking space cannot be provided on the same lot, which the principal use is conducted, the Plan Commission may permit such space be provided on other off-street property provided such space be within 300 feet of any entrance to such principal use. Such off-street parking space shall thereafter be deemed to be required open space associated with this permitted use and shall not be reduced nor encroached upon in any manner. Where the specific use or district requires off-street loading of facilities each single loading berth shall be not less than ten feet in width and 45 feet in length and 14 feet in height if enclosed. The minimum off-street parking requirements for all other uses shall be one space per 200 square feet of floor area.

(2) One parking space is required for each 400 square feet of gross floor space and, for office uses, one space for each 300 square feet of gross floor area. For theaters, auditoriums, including school auditorium, church or other place of public assembly, there shall be a minimum of one space for each eight seats available at maximum capacity. Wholesale storage and manufacturing establishments shall have one space for each two employees per shift. At least one off-street loading space shall be provided for every hospital, institution, commercial and industrial building erected after the date of this chapter with a floor area of 5,000 square feet or more.

(C) Landscaping and buffering. A total of 12 feet of the transitional setback area and an area ten feet in width along the rear and ten feet in width along each side of the transitional setback area shall be maintained in natural material and utilized for landscaping purposes. Said landscaping materials shall include appropriate vegetation, durable plants and trees such as pine and evergreen species from the front building line to the rear. Any lot within this district that abuts any lot utilized for residential purposes shall also be screened with a combination of opaque fencing, not to exceed six feet and natural material consisting of either small trees and/or shrubs.

(D) Performance standards. Prior to the issuance of a building permit the following requirements shall be met.

(1) Plans and specifications for proposed sewage disposal facilities and all required written approvals, required under state, federal and local laws from all appropriate state, federal and local agencies, shall be submitted to the Plan Commission.

(2) Written approval of proposed connection to a public sewer shall be obtained from said utility.

(3) Plans and specifications for proposed storm drainage facilities shall be submitted with evidence of written approval obtained from the City Engineer in addition to all necessary permits which must be obtained from all appropriate state agencies.

(Ord. 2003-OR-14, passed 5-8-2003)

§ 157.18 BUSINESS ZONING DESIGNATIONS.

(A) B-1 Limited Business.

(1) Intention of District. The B-1 Business District is intended to provide for professional office uses, personal service uses and retail service uses which dispense convenience goods and services directly to consumers on the premises. The B-1 District is a stand-alone district and is not a part of a hierarchy system of zoning. For example, what is permitted in the R-4 District is not permitted in the B-1 District. Only those uses and development standards that are expressly permitted and noted herein apply to the B-1 District.

(2) Permitted uses. No building structure or premises shall be used, arranged or designed to be used except for one or more of the following uses:

(a) General business offices including insurance agencies, real estate agencies, trade association offices, communication company offices, travel agencies, health studios and banking facilities;

(b) Medical offices;

(c) Clothing service uses including dry cleaning and laundry receiving stations, laundromats, dressmaking, tailoring and shoe repair shop;

(d) Equipment uses including electrical household appliance store, radio, television, recorded music sales, sporting goods and hardware stores;

(e) Food service uses including grocery, meat and fish markets, delicatessen eating places and bakery;

(f) Personal service uses including beauty and barber shops, camera and photographic shops and optician shops;

(g) Professional office uses including clinics;

(h) Retail service uses including drug stores, variety stores, book and stationary stores, news stands, candy and ice cream stores, florists, gift, antique, art, music, toy, hobby shops, paint and wallpaper stores, jewelry and leather stores;

(i) Retail service uses including department stores, furniture, carpet, interior decorating, upholstering stores, office supply stores, restaurants and catering establishments and storage processing and/or conditioning when incidental to any of these uses;

(j) Mortuaries, funeral parlors;

(k) Garden supply centers;

(l) Automobile accessory stores;

(m) Automobile service station uses but not including major body repair, the dismantling or wrecking or the storage of inoperable or damaged vehicles;

(n) Drive-in restaurants;

(o) Public and semi-public buildings;

(p) Off-street parking facilities including parking garages;

(q) Accessory uses which are incidental to or commonly associated with the operation or permitted use;

(r) Automated food distribution warehouse; and/or

(s) Other uses comparable and compatible with those set forth in this section as determined by the city’s Board of Zoning Appeals.

(3) Lot size. The minimum lot size and dimensions for this District shall be as follows:

(a) Density: The minimum lot size shall be 10,000 square feet; and

(b) Minimum lot width: 100 feet.

(4) Minimum floor area. No single business establishment shall have less than 870 square feet in total gross floor area.

(5) Setback lines. The minimum setback lines for this district shall be as follows.

(a) The front yard setback shall be a minimum of 50 feet measured from the right-of-way line of the road.

(b) The side yard setback shall be a minimum of 15 feet.

(d) Distance between buildings: In projects containing two or more buildings the minimum distance between all buildings shall be 24 feet.

(6) Height restrictions. The maximum height in a B-1 District shall be as follows:

(a) Primary building: 30 feet; and

(b) Accessory building: 15 feet.

(7) Lot coverage. The maximum lot coverage shall not exceed 75% of the lot area.

(B) B-2 Community and Roadside Business.

(1) Intention of District. The B-2 Business District is intended to provide for highway-oriented business uses offering supplies and services to the general public which are ordinarily located along highways. The B-2 District is a stand-alone district and is not a part of a hierarchy system of zoning. For example, what is permitted in the B-1 District is not permitted in the B-2 District. Only those uses and development standards that are expressly permitted and noted herein apply to the B-2 District.

(2) Conduct of permitted uses. The conduct of permitted uses in a B-2 District shall be within completely enclosed buildings except for accessory uses that are clearly subordinate to the permitted use. Such accessory uses shall not occupy an area in excess of 30% of the total floor area of the main building. Outdoor storage and display of merchandise shall be allowed, but purchase shall be prohibited. Retail establishments providing drive-in services, outdoor sales, service and display of merchandise shall be allowed. All outdoor storage and materials shall be within completely enclosed buildings or effectively screened by a solid wall or fence not less than six feet in height. Storage within such enclosures shall not be in excess of the height of the wall or fence provided that for display of goods, such as automobiles, such wall or fence shall not be less than two feet in height.

(3) Permitted uses. No building structure or premises shall be used, arranged or designed to be used except for one or more of the following uses:

(a) Hotels and motels;

(b) Sales, rental and storage of automobiles, campers, recreational vehicles, manufactured homes and boats provided that all service and maintenance work shall be conducted within enclosed buildings;

(c) Special service uses including model home displays, building material sales, vending preparations, food locker plants, auction rooms, plant nursery and greenhouses;

(d) Mini-warehouses;

(e) Transportation facilities and accessory facilities, including but not limited to, waiting rooms, loading and unloading areas, storage and associated commercial uses;

(f) Printing and publishing establishments, blueprinting and photo establishments, radio and television studios;

(g) Limited automobile servicing, when enclosed;

(h) Sales and display rooms for retail and wholesale distribution of goods, materials and products;

(i) Package liquor stores;

(j) Special service uses including children’s homes, daycare facilities, kindergartens and nursing homes;

(k) Public service uses including utility substations, distribution centers, bus stations, police stations, fire stations, post offices, libraries, telephone exchanges, waterworks, pumping stations, assembly halls, vocational and special schools;

(l) Indoor commercial recreational uses including auditorium, theater, bowling alley, billiard rooms, dance studios and amusement facilities;

(m) Commercial recreational uses including golf, amusement parks, drive-in movies, riding stables and other similar outdoor amusement facilities;

(n) Accessory uses which are incidental to or commonly associated with the operation or permitted use;

(o) Feed stores;

(p) Pet stores; and

(q) Other uses comparable and compatible with those set forth in this section as determined by the city’s Board of Zoning Appeals.

(4) Lot size. The minimum lot size and dimensions for this District shall be as follows:

(a) Density: The minimum lot size shall be two acres; and

(b) Minimum lot width: 100 feet.

(5) Minimum floor area. No single business shall have less than 6,000 square feet in total gross floor area.

(6) Setback lines. The minimum setback lines for this district shall be as follows.

(a) The front yard setback shall be a minimum of 50 feet measured from the right-of-way line of the road.

(b) The side yard setback shall be a minimum of 25 feet.

(d) Distance between buildings: In projects containing two or more buildings the minimum distance between all buildings shall be 24 feet.

(7) Height restrictions. The maximum height in a B-2 District shall be 40 feet;

(8) Lot coverage. The maximum lot coverage shall not exceed 75% of the lot area.

(1) Intention of District. The B-3 Business District is intended to provide for a general business district where a full range of goods and services are offered at the greatest amount of land use intensity. The B-3 District is a stand-alone district and is not a part of a hierarchy system of zoning. For example, what is permitted in the B-2 District is not permitted in the B-3 District. Only those uses and development standards that are expressly permitted and noted herein apply to the B-3 District.

(2) Conduct of permitted uses. The conduct of permitted uses in a B-3 District shall be within completely enclosed buildings except for accessory uses that are clearly subordinate to the permitted use in area, extent and purpose. Such accessory uses shall not occupy an area in excess of 30% of the total floor area used in the same building or the same firm or enterprise. Outdoor storage and display of merchandise shall be limited to materials that are not immediately available for purchase. Any other storage or display of merchandise must be within an enclosed building.

(3) Permitted uses. No building structure or premises shall be used, arranged or designed to be used except for one or more of the following uses:

(a) Night clubs;

(b) Live entertainment venues;

(d) Pawn shops and “fast” cash business and other similar lending institutions not insured by the FDIC/FSLIC;

(e) Accessory uses which are incidental to or commonly associated with the operation or permitted use; and/or

(f) Other uses comparable and compatible with those set forth in this section as determined by the city’s Board of Zoning Appeals.

(4) Lot size. The minimum lot size and dimensions for this District shall be as follows:

(a) Density: The minimum lot size shall be three acres; and

(b) Minimum lot width: 200 feet.

(5) Minimum floor area. No single business establishment shall have less than 12,000 square feet in total gross floor area.

(6) Setback lines. The minimum setback lines for this district shall be as follows.

(a) The front yard setback shall be a minimum of 50 feet measured from the right-of-way line of the road.

(b) The side yard setback shall be a minimum of 25 feet.

(d) Distance between buildings: In projects containing two or more buildings, the minimum distance between all buildings shall be 24 feet.

(7) Height restrictions. The maximum height in a B-3 District shall be as follows:

(a) Primary building: 40 feet; and

(b) The total floor area of the building shall not exceed 50% of the lot area.

(8) Lot coverage. The maximum lot coverage shall not exceed 75% of the lot area.

(Ord. 2003-OR-14, passed 5-8-2003)

§ 157.19 INDUSTRIAL ZONING DESIGNATIONS.

(A) I-1 Light Industrial.

(1) Intention of District. The I-1 Industrial District is intended to provide for the type of industrial operation conducted within completely enclosed buildings that have no nuisance factors that result in emission outside of the building. The I-1 District is a stand-alone district and is not a part of a hierarchy system of zoning. For example, what is permitted in the B-3 District is not permitted in the I-1 District. Only those uses and development standards that are expressly permitted and noted herein apply to the I-1 District.

(2) Permitted uses. No building structure or premises shall be used, arranged or designed to be used except for one or more of the following uses:

(a) Engineering or research laboratories, vocational or industrial training facilities, data processing or analysis;

(b) Light manufacturing including processing, refining, fabricating, assembly, cleaning, testing or repairing of goods, materials or products;

(d) General offices associated with an industrial use including service facilities for employees or guests provided that any service facility shall be entirely enclosed within a building;

(e) Printing, lithographing, publishing or photography establishments;

(f) Utility installations and facilities;

(g) Accessory uses which are incidental or commonly associated with the operation or permitted use including recreational areas for employees, lodging facilities for owners, guards or caretakers;

(h) Commercial bakeries, secondary food processing, milk processing, manufacture and bottling of dairy products and beverages;

(i) Machine, welding, tool and die shops and electroplating operations;

(j) Manufacture of cloth, jewelry and leather products;

(k) Biological, medical and cosmetic manufacturing;

(l) Manufacture and assembly of optical goods, musical and recording instruments, office machinery, electrical and mechanical;

(m) Manufacture and assembly of marine, office, household appliances, furniture, communication and automobile equipment, air conditioning, heating and refrigeration equipment;

(n) Can and container manufacture, processing and milling of forest products;

(o) Dyeing and cleaning works and services such as linen suppliers, freight movers and communication and canteen operations;

(p) Trucking and railroad terminals;

(q) Upholstering and leather goods manufacture;

(r) Cannery, bottling, processing and packaging of food and beverages, granaries, grain processing and starch manufacture;

(s) Commercial processing of animals or animal products, including the slaughter or butchering of animals, or rendering of animal by-products;

(t) Commercial storage or warehousing of grains, cereals or animals; and

(u) Other uses comparable and compatible to those set forth in this section.

(3) Lot size. The minimum lot size and dimensions for this District shall be as follows:

(a) Density: The minimum lot size shall be two acres; and

(b) Minimum lot width: 150 feet.

(4) Minimum floor area. No single business establishment shall have less than 12,000 square feet in total gross floor area.

(5) Setback lines. The minimum setback lines for this District shall be as follows.

(a) The front yard setback shall be a minimum of 50 feet measured from the right-of-way line of the road.

(b) The side yard setback shall be a minimum of 50 feet.

(d) Distance between buildings: In projects containing two or more buildings the minimum distance between all buildings shall be 24 feet.

(6) Height restrictions. The maximum height in a I-1 District shall be as follows:

(a) Primary building: 40 feet; and

(b) Additional height shall be permitted to the maximum extent of 100 feet when additional setback distance is provided to the minimum extent of two feet for each five feet in height over such 40 feet.

(7) Lot coverage. The maximum lot coverage shall not exceed 75% of the lot area.

(B) I-2 Heavy Industrial.

(1) Intention of District. The I-2 Industrial District is intended to provide for those heavy industrial uses that are typically characterized by objectionable factors, which are exceedingly difficult to eliminate. These industries are therefore buffered by efficient areas that minimize any adverse effects and wherever practical this district is removed as far as possible from residential areas buffered by intervening minor industrial districts. The I-2 District is a stand-alone district and is not a part of a hierarchy system of zoning. For example, what is permitted in the I-1 District is not permitted in the I-2 District. Only those uses and development standards that are expressly permitted and noted herein apply to the I-2 District.

(2) Permitted uses. No building structure or premises shall be used, arranged or designed to be used except for one or more of the following uses:

(a) Creosote manufacturing and treatment of petroleum products;

(b) Foundry, smelting operations, metal forging, fabricating, rolling and stamping operations;

(d) Railroad equipment manufacturing, repair and service yards;

(e) Manufacturing of soaps, pharmaceutical paper products, manufacturing of malt products, brewing distillation of liquor and spirits, poultry hatchery, stone works and stone cutting, thermal, electric and steam power plants;

(f) Concrete mixing, production of concrete blocks and shapes, cinder blocks and other similar building materials manufactured;

(g) Sand, gravel or aggregate wash production or processing;

(h) Manufacture and assembly of glass, plastic and rubber products and implements;

(i) Manufacture of colors, dye, paint and other coatings and tar products; and/or

(j) Other uses comparable and compatible to those set forth in this section.

(3) Lot size. The minimum lot size and dimensions for this District shall be as follows:

(a) Density: The minimum lot size shall be five acres; and

(b) Minimum lot width: 200 feet.

(4) Minimum floor area. No single business establishment shall have less than 20,000 square feet in total gross floor area.

(5) Setback lines. The minimum setback lines for this District shall be as follows.

(a) The front yard setback shall be a minimum of 50 feet measured from the right-of-way line of the road.

(b) The side yard setback shall be a minimum of 50 feet.

(d) Distance between buildings: In projects containing two or more buildings the minimum distance between all buildings shall be 24 feet.

(6) Height restrictions. The maximum height in a I-2 District shall be as follows:

(a) Primary building: 40 feet; and

(7) Lot coverage. The maximum lot coverage shall not exceed 75% of the lot area.

(1) Intention of District. The I-3 Hazardous Waste Disposal District is restricted to facilities for the disposal, destruction or recycling of toxic chemicals, radioactive wastes, heavy metals, asbestos and other forms of hazardous waste whether through incineration, land filling or other mechanical, chemical or technological means. The I-3 District is a stand-alone district and is not a part of a hierarchy system of zoning. For example, what is permitted in the I-2 District is not permitted in the I-3 District. Only those uses and development standards that are expressly permitted and noted herein apply to the I-3 District.

(2) Permitted uses. No building structure or premises shall be used, arranged or designed to be used except for one or more of the following uses:

(a) Landfill;

(b) Junk yards, wrecking yards, auto salvage yards and other similar facilities;

(d) Recycling facilities and related operations; and

(e) Storage processing and recycling of hazardous materials.

(3) Lot size. The minimum lot size and dimensions for this district shall be as follows:

(a) Density: The minimum lot size shall be five acres; and

(b) Minimum lot width: 250 feet.

(4) Maximum floor area. No single business establishment shall exceed 12,000 square feet in total gross floor area.

(5) Setback lines. The minimum setback lines for this District shall be as follows.

(a) The front yard setback shall be a minimum of 50 feet measured from the right-of-way line of the road.

(b) The side yard setback shall be a minimum of 15 feet.

(d) Distance between buildings: In projects containing two or more buildings the minimum distance between all buildings shall be 24 feet.

(e) No I-3 use shall be located within one mile of any other business, residence, church, school, health care facility or child care facility as measured from the point of admission discharge or regulate activity to the nearest property line.

(6) Height restrictions. The maximum height in a I-3 District shall be as follows:

(a) Primary building: 40 feet; and

(7) Lot coverage. The maximum lot coverage shall not exceed 75% of the lot area.

(8) Performance standards. Prior to the issuance of a building permit the following requirements shall be met.

(a) Plans and specifications for proposed sewage disposal facilities and all required written approvals, required under state, federal and local laws from all appropriate state, federal and local agencies, shall be submitted to the Plan Commission.

(b) Written approval of proposed connection to a public sewer shall be obtained from said utility.

(c) Plans and specifications for proposed storm drainage facilities shall be submitted with evidence of written approval obtained from the City Engineer in addition to all necessary permits which must be obtained from all appropriate state agencies.

(d) Legal description of the property shall be included in the request.

(Ord. 2003-OR-14, passed 5-8-2003)

§ 157.20 AGRICULTURAL ZONING DESIGNATIONS.

(A) A-1 Agricultural.

(1) Intention of Designation. The A-1 Agricultural Designation is intended primarily for small farming development, with up to one residential dwelling and detached outbuildings for accessory uses on each tract. The A-1 Designation is an exclusive Designation and is not a part of a hierarchy system of zoning. Except as expressly allowed, what is permitted in the A-1 Designation is not permitted in residential or other zoning designations. Only those uses and development standards that are expressly permitted and noted herein apply to the A-1 Designation.

(2) Permitted uses. No building structure or premises shall be used, arranged or designed to be used except for one or more of the following uses:

(a) Up to one single-family dwelling meeting the development requirements for a home built in the R-1 Designation, except that accessory uses may have a height of 50 feet;

(b) Agricultural and farming operations that include growing and storage of crops, producing dairy and agricultural products (e.g., milk, eggs, honey and the like) and breeding and raising of livestock.

(3) Lot size. The minimum lot size and dimensions for a parcel designated as A-1 is five acres.

(4) Minimum lot frontage. The minimum lot frontage shall be 100 feet.

(5) Setback lines. The minimum setback lines for a parcel designated for this use shall be as follows.

(a) The front yard setback shall be at least 50 feet measured from the center of the pavement, or as far back from the pavement as the adjoining house nearest to the pavement, whichever is greater.

(b) The side yard setback shall be a minimum of 15 feet.

(6) Prohibited uses. The following uses are not permitted in this District:

(a) Commercial processing of animals or animal products, including the slaughter or butchering of animals, or rendering of animal by-products;

(b) Commercial storage or warehousing of grains, cereals or animals;

(c) The subdivision of land for residential purposes, except by grant of a variance to the zoning code after public hearing at which all landowners within one-eighth of a mile must be notified, in writing, at least ten days in advance; and

(d) The subdivision of land for residential purposes, as controlled by the city’s Subdivision Control Ordinance.

(7) Lot coverage. The maximum lot coverage shall not exceed 10% of the lot area.

(B) Protection and preservation of agricultural land within the zoning jurisdiction of the city.

(1) Purpose. The purpose of this division (B) is to enact provisions to protect and preserve the ability of owners whose lands are zoned for agricultural use and are located within the city or that are subject to the zoning jurisdiction of the city to continue in the operation of farming and agriculturally related businesses without undue hardship.

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

AGRICULTURAL USE. The use defined by city zoning ordinances and amendments thereto.

CITY. The City of Charlestown, Indiana.

LIVESTOCK. Any domesticated animal used for any farming purpose and normally kept by those engaged in the business of farming.

PARTITION FENCE. As defined in I.C. 32-26-1.

(3) Discharge of firearms to defend livestock and property. Notwithstanding any ordinance to the contrary previously enacted by the Common Council, it shall not be unlawful for any landowner, or his or her family members, employees or agents, to discharge a firearm on land zoned for agricultural use, lying within the municipal limits of the city, or within two-mile fringe zoning jurisdiction of the city, for the purpose of defending the real property or personal property of the landowner.

(4) Partition fences. This section is modeled after I.C. 32-10-9 et seq. It is intended that the provisions of this section be interpreted consistently therewith, when the language presented is similar.

(a) Existing fences. All fences now constructed and used by adjoining landowners as a partition fence on land that is zoned for agricultural use, which land lies within the two-mile fringe zoning jurisdiction of the city, unless specially agreed upon by such landowners, shall be deemed partition fences and shall be repaired, maintained and paid for as herein provided.

(b) Agricultural lands inside city zoning jurisdiction.

1. It shall be the duty of all owners of land that is zoned for agricultural use, or those whose lands are directly adjacent to land that is zoned for agricultural use, whose lands lie within the municipal limits of the city, or within two-mile fringe zoning jurisdiction of the city, to separate said land from adjoining lands by a partition fence to be constructed upon the line or lines dividing or separating said lands whether said lands were divided heretofore or may hereafter be divided.

2. Except as hereinafter otherwise provided, or in case no division of said partition fence has been made between the landowners for the building or repairing or rebuilding of such partition fence, then in such case the landowner, whose land lies to the east of said fence, shall build the north half thereof and the landowner whose land lies to the west of said fence, shall build the south half thereof and if the landowner’s land lies north of the fence to be built, rebuilt or repaired, he or she shall build, rebuild or repair the west half thereof, and if the land lies to the south of such fence, such landowner shall build the east half thereof.

3. If either of such landowners shall have constructed one-half of any partition fence, other than the half prescribed in division (B)(4)(b)2. above and shall have maintained such one-half of such partition fence for a period of not less than five years, such landowners shall thereafter be entitled to continue to maintain such one-half of such fence, notwithstanding any of the provisions of division (B)(4)(b)2. above.

4. If any landowner fails to build, rebuild or repair such fence after receiving notice as is hereinafter provided, the landowner shall be in violation of this section, and the City Clerk-Treasurer may cause to be built, rebuilt or repaired such fence as is hereinafter provided.

1. All partition fences shall be built, rebuilt, kept in repair at the cost of the several landowners whose lands are enclosed or separated by such fences equally according to the proportion thereof such landowner may have along such line of fence. If any landowner, as defined in division (B)(2) above, shall fail or refuse to compensate for the building, rebuilding or repairing of his, her or their proportion of fence, any landowner interested in such fence, after having built, rebuilt or repaired his or her portion of such fence, shall give to the defaulting landowner, his or her agent or tenant 20 days’ notice to build, rebuild or repair his or her proportion of such fence, as the case may be, and if such defaulting party shall fail to build, rebuild or repair such fence within said time, such landowner shall then notify the City Development Coordinator of such fact: provided, that where the fence sought to be established, rebuilt or repaired is on a township line, the complaining landowner or landowners shall notify the trustee of the township wherein the lands of the complaining landowner or landowners are located of the improvement he, she or they may desire made, and the City Development Coordinator shall have jurisdiction of such matter, unless disqualified as hereinafter provided, and may estimate the costs for such fence, building, rebuilding or repairing the same, as the case may be, and, within a reasonable time after being notified, the Development Coordinator shall make out a statement and notify such defaulting party of the probable cost of building, rebuilding or repairing such fence, as the case may be, and if after 20 days said fence is not built, rebuilt or repaired by such defaulting landowners, the Development Coordinator may build or repair such fence, as the case may be; provided, that the Development Coordinator shall use only the materials for such fences as are most commonly used by the farmers of such community.

2. A lawful partition fence shall be a straight board and wire fence or a straight wire or a straight board fence or a picket fence four feet high, a straight rail fence four and one-half feet high, a worm rail fence five feet high, and all fences of every structure to be sufficiently tight and strong to hold hogs, sheep, cattle, mules and horses; provided, further, that if a ditch or creek crosses the division line between two landowners, necessitating additional expense in the maintenance of the part over such stream, if such landowners can not agree upon the proportionate share of each, the Development Coordinator shall appoint three disinterested citizens who shall apportion the partition fence to be built by each landowner; provided, further, that in all cases where a ditch or creek forms, covers or marks the dividing line, or any part thereof, of the lands of separate and different landowners of this state so that partition fences such as are required and provided for in this chapter can not be built and maintained on such dividing line, then, and in all such cases, such partition fences shall be built and maintained under the provisions of this chapter as near to such boundary line as may be, and each landowner shall be required, on his or her own land, to build a separate partition fence and to maintain the same at his or her own cost: provided, further, that in all cases where partition fences, such as are required and provided for in this section, cross any ditch or creek and, by reason thereof, it is impracticable to construct or maintain that portion of said fence as would cross said ditch or creek as a stationary fence, then, and in all such cases, there shall be erected, in lieu of such portion of said fence across said ditch or creek, and as a part of such partition fence, floodgates or other similar structures, sufficiently high, tight and strong to turn hogs, sheep, cattle, mules and horses or other domestic animals, and so constructed as to swing up in times of high water, and such floodgates or other similar structures shall be so built and constructed as to connect continuously such partition fences: and provided, further, that if the building and maintenance of such floodgates or other similar structure occasions additional expenses and such landowners can not agree upon the character of floodgates or other similar structure, or upon the proportionate share of the cost thereof to be borne by each, the Development Coordinator, upon notice in writing from either landowner of such disagreement and the nature thereof, shall appoint three disinterested citizens of the agriculturally zoned areas of the city, who shall determine the kind of structure and apportion the cost of such floodgate or other structure between such landowners, taking into consideration the parts and portion of such fence being maintained by each landowner.

3. The determination of a majority of such arbitrators of any matter or matters submitted to them shall be final and binding on each landowner. The compensation of such arbitrators shall be $2 each, which shall be paid by said landowners in the proportion they are ordered to bear the expense of such gate or structure. In case either or both of such landowners shall fail to construct or compensate for constructing the structure determined upon by such arbitrators in the proportion determined, within 30 days from such determination, the Development Coordinator may proceed at once to construct such gate or structure and collect the cost thereof, including the compensation of such arbitrators, from such defaulting landowner or landowners, in the same manner as is provided for ordinary partition fences, and such floodgate or other structure shall be repaired, rebuilt or replaced in accordance with the determination of said arbitrators.

(d) Expenses; construction and maintenance by city. As soon as the Development Coordinator has had such fence built, rebuilt or repaired, he or she shall make out a certified statement in triplicate of the actual cost incurred by him or her in the building, rebuilding or repairing of such fence, one copy to be handed to or mailed to the landowner affected by the work, one copy to be retained by the Development Coordinator, and the other to be forwarded to the City Attorney, who may institute a legal action to place a lien on the obligated landowners real property if the balance due to the city has not been paid within 30 days of the substantial completion of the work of construction of the fence. Failure of a landowner to remit the balance due on the statement within 30 days of the receipt of such a statement shall constitute a violation of this section. Each day thereafter shall be a separate offense.

(e) Construction and application of law. This division (B) shall be liberally construed in favor of the objects and purposes for which it is enacted and shall apply to all lands, whether enclosed or unenclosed, cultivated or uncultivated, wild or wood lot.

(5) Barbed wire fences. Notwithstanding any ordinance to the contrary, any territory zoned for agricultural use that is used for the purpose of enclosing livestock may be enclosed, in whole or part, by a barbed wire fence.

(Ord. 2003-OR-06, passed 2-3-2003; Ord. 2003-OR-14, passed 5-8-2003) Penalty, see § 157.99

§ 157.21 M-1 HEAVY MANUFACTURING DESIGNATION.

(A) Intention of District. The M-1 Heavy Manufacturing District is restricted to manufacturing facilities using extremely toxic chemicals, radioactive materials, heavy metals, asbestos or other dangerous substances in their manufacturing processes as well as for the location of various forms of sexually provocative adult entertainment. The M-1 District is a stand-alone district and is not a part of a hierarchy system of zoning. For example, what is permitted in the M-1 District is not permitted in the I-3 District. Only those uses and development standards that are expressly permitted and noted herein apply to the M-1 District.

(B) Permitted uses. No building structure or premises shall be used, arranged or designed to be used except for one or more of the following uses:

(1) Adult entertainment parlors and theaters;

(2) Sexually-oriented businesses; and

(3) Manufacturing facilities using extremely toxic chemicals, radioactive materials, heavy metals, asbestos or other dangerous substances.

(1) Density: The minimum lot size shall be ten acres; and

(2) Minimum lot width: 400 feet.

(D) Minimum floor area. No single business establishment shall have an interior floor area of less than 12,000 square feet.

(E) Setback lines. The minimum setback lines for this District shall be as follows.

(1) The front yard setback shall be a minimum of 200 feet measured from the right-of-way line of the road.

(2) The side yard setback shall be a minimum of 150 feet.

(3) The rear yard setback shall be a minimum of 200 feet.

(F) Height restrictions. The maximum height in a I-3 District shall be as follows: Primary building: 40 feet.

(G) Lot coverage. The maximum lot coverage shall not exceed 25% of the lot area.

(Ord. 2003-OR-14, passed 5-8-2003)

§ 157.22 INAAP REDEVELOPMENT DISTRICT.

(A) Intention of District.

(1) The IR (INAAP Redevelopment) District is intended to provide a land usage category for a mixture of most office, retail, wholesale and moderate to heavy industrial facilities/uses. This District shall be limited to the geographic area within the city that was formerly known as the Indiana Army Ammunition Plant (INAAP) and is currently controlled by the River Ridge Development Authority.

(2) The Advisory Plan Commission shall strive to assist the INAAP Reuse Authority in its effort to redevelop this District as a commerce center that will benefit the community, state and region.

(3) The Advisory Plan Commission and Board of Zoning Appeals shall also strive to minimize lighting, parking lots fronting major streets, excessive use of signs and traffic conflicts in the IR District.

(4) Buffer yards shall be strictly upheld and outdoor storage is discouraged.

(B) Permitted uses. All proposed uses must be approved by the INAAP Reuse Authority or its designee:

(1) Agricultural uses and services: Farm equipment sales/service; storage of agricultural products; and processing agriculture products;

(2) Institutional and public facilities: All;

(3) Business:

(a) Auto sales and services: Automobile body shop (enclosed); automobile repair, major (enclosed); automobile part sales (new); automobile wash (automatic and self); oil change service (enclosed);

(b) General business: All;

(d) Retail: All.

(4) Industrial uses: Bottled gas storage and distribution; distribution center; flex-space; heavy manufacturing; light manufacturing; office complex; research center;

(5) Communication and utility: Radio/television station; storage tanks, nonhazardous; telephone exchange; and

(6) Miscellaneous: Accessory uses.

(1) Business:

(a) Auto sales and services: Automobile and truck storage (outdoor); automobile service station; and filling/gas station;

(b) Food sales and service: All;

(d) Recreation: All.

(2) Industrial uses: Incinerator; liquid fertilizer storage and distribution; and

(3) Communication and utility: Electrical generator; pipeline pumping station; public wells; sewage treatment plants; public wells; sewage treatment plants; telecommunication facility; and utility substation.

(D) Developmental standards.

(1) District developmental standards.

(a) Minimum lot area: Three acres (130,680 square feet) for industrial uses; one acre (43,560 square feet) for non-industrial uses;

(b) Minimum lot width: 250 feet;

(d) Minimum lot frontage: 200 feet on a public street with access from said public street;

(e) Sewer and water: Requires municipal or other approved water and sewer hookup;

(f) Maximum structure height: 60 feet for the primary structure and 25 feet for accessory structures;

(g) Minimum front yard setback: 75 feet;

(h) Minimum side yard setback: 50 feet for the primary and accessory structure;

(i) Minimum rear yard setback: 50 feet for the primary and accessory structures;

(j) Minimum setback from water body: 50 feet for the primary and accessory structures; and

(k) Maximum floor area ratio: 50%.

(2) Rezoning applications. In accordance with the city’s planning and zoning ordinances, the following shall be considered when reviewing a rezoning application:

(a) The Comprehensive Plan;

(b) Current conditions and character of structures and uses in each district;

(d) The conservation of area values throughout the jurisdiction;

(e) Responsible development and growth;

(f) Over 2,500 acres of land are set to be transferred to the River Ridge Authority over the next ten months; and

(g) A zoning district needs to be established for the property to ensure proper design for prospective tenants.

(E) Consistent with Comprehensive Plan. The area is appropriate to the IR-INAAP Redevelopment District Zoning classification and developmental standards and is consistent with the city’s Comprehensive Plan.

(Ord. 2005-OR-18, passed 9-12-2005)