No structure shall be located, erected, constructed, reconstructed, moved, converted, or enlarged; to be used except in full compliance with all of the provisions of this chapter and after the lawful issuance of the permits required by this chapter. No use in existence of the effective date of this chapter, as amended from time-to-time, shall be so altered or modified to conflict with the provisions of this chapter. All uses established or placed into operation after the effective date of this chapter, as amended from time-to-time, shall comply with the following performance standards in the interest of protecting the public health, safety and welfare, and to lessen personal injury and property damage.

   (A)   Fire protection. Fire fighting equipment and prevention measures acceptable to the City Fire Department shall be readily available and apparent when any activity involving the handling or storage of flammable or explosive materials is present on-site.

   (B)   Electrical disturbance. No use shall cause electrical and/or non-visible light (i.e. infrared, microwave, ultraviolet) disturbance(s) which would adversely affect radio, television, or other equipment in the vicinity.

   (C)   Noise. No use shall produce noise in such a manner as to be objectionable because of volume, frequency, intermittence, best, shrillness or vibration. Said noise shall be muffled or otherwise controlled so as not to become detrimental, with the exception of public safety sirens and related apparatus used solely for public safety purposes.

   (D)   Vibration. No use shall cause vibrations or concussions detectable, without the aid of instruments, beyond the lot lines.

   (E)   Odor. No use shall emit malodorous gas or matter in such quantity as to be readily detectable at any point across the lot line, with the exception of permitted agricultural activities.

   (F)   Air pollution. No use shall discharge fly ash, dust, smoke, vapors, noxious, toxic or corrosive matter, or other air pollutants across lot lines in such a concentration as to be detrimental to health, animals, vegetation or property.

   (G)   Heat and glare. No use shall produce heat or glare in such a manner as to create a nuisance perceptible from any point beyond the lot lines.

   (H)   Water pollution. No use shall produce erosion or other pollutants in such quantity as to be detrimental to adjacent properties and conflict with water pollution standards established by public agencies.

   (I)   Refuse. No use shall accumulate within the lot, or discharge beyond the lot lines, any waste matter, whether liquid or solid, in violation of applicable public health, safety and welfare standards and regulations.

   (J)   Fire and explosion hazards. Materials that present potential fire and explosive hazards shall be transported, stored and used only in conformance with all applicable federal, state, or local ordinances and laws.

(Ord. 4-2009, passed 3-9-09)

   (A)   Number of buildings per lot. In any district, not more than one principal structure and its customary accessory uses shall be located on a single lot of record, with the exception of principal structures designed and platted as a single unit under single ownership of control, such as a multi- family residential project, a shopping center, or combined industrial operations.

   (B)   Corner lots. On a comer lot, the front lot line shall be the lot line having the shortest dimension along the street right-of-way. The required front yard setback shall apply to each yard that abuts a thoroughfare.

   (C)   Yard encroachments. No portion of a principal structure, whether open or enclosed, including garages, porches, carports, balconies, roofs, or platforms above normal grade level, shall project into any minimum front, side or rear yard. Accessory structures may not be located closer than five feet to the side and rear property lines in any district.

   (D)   Vision clearance areas. No structure or improvement, including landscaping or signs, shall be erected, placed, planted, allowed to grow, or maintained so as to interfere with a vision clearance area between a height of three feet and ten feet above the center line grades of the intersecting street, driveway, or alley. A vision clearance area shall be established for all streets, whether public or private, in one of the following manners.

      (1)   Corner Lots. The clear sight triangular area is formed by the street right-of-way lines and the line connecting points 25 feet from the intersection of such streets right-of-way lines, or in case of a round or cut property comer, from the intersection of the street right-of-way lines extended; or

      (2)   Lots adjacent to a railroad crossing. The clear sight triangular area is formed by the side lot line coterminous with the railroad right-of-way, the street right-of-way line, and the line connecting points 25 feet from the intersection of such lines; or

      (3)   Lots with a driveway, abutting an alley or driveway. The two clear sight triangular areas are formed by the street right-of-way line, both sides of either the alley right-of-way or of the surface edge of the driveway, and the line connecting points ten feet from the intersection of the street right- of-way line and driveway or alley lines extended.

   (E)   Side and rear yard requirements for non-residential uses abutting residential districts. Non- residential buildings or uses shall not be located nor conducted closer than 40 feet to any lot line of a residential district except that the minimum yard requirements may be reduced to 50% of the requirement if acceptable landscaping or screening, which must be approved by the Planning Director, is provided. Such screening shall be a masonry or solid fence between four and eight feet in height, maintained in good condition and free of all advertising or other signs; adequate landscaping; or a combination of fence and landscaping planted on the residential side of the fence. Landscaping provided in lieu of a wall or fence shall consist of a strip of land not less than 20 feet in width planted with an evergreen hedge or dense planting or evergreen shrubs not less than four feet in height at the time of planting. In order not to obscure traffic visibility either type of screening shall not exceed three feet in height in any required front yard setback for the abutting residential district. When used in combination, the width of the required landscaping buffer and the number of plantings may be reduced by half, provided the fence is opaque (solid) and constructed of a material that is compatible with the principle non-residential building/use.

   (F)   Bulk use standards. The minimum lot area, minimum width of lot, minimum depth of front yard, minimum width of each side yard, and minimum depth of rear yard for each district shall be as follows:

Table 1
Bulk Use Standards Matrix

 

* Agriculturally related accessory uses shall be exempt from the minimum height requirements established by this chapter

**   R-3 Minimum Lot Size per Unit - 6,000 sq. Ft minimum plus an additional 2,000 sq ft for each dwelling unit in excess of three dwelling units. The minimum lot size for two-unit structures with sewer shall be 3,500 square feet.

*** Refer to § 153.076, Travel Trailer Parks, as amended from time to time.

(Ord. 4-2009, passed 3-9-09)

   No residential structure, except one-bedroom and two-bedroom apartments shall be erected or altered so that its floor area (occupied space) is less than 950 square feet. One- and two-bedroom apartment structures shall have a minimum of 500 square feet of occupied space per unit.

(Ord. 4-2009, passed 3-9-09)

   No structure shall exceed the maximum height requirements as prescribed by the Bulk Use Standards Matrix. In seeking a development standard variance for height restrictions, the Board of Zoning Appeals must confirm the following; all front and side yard depths are increased a minimum of one foot for each additional foot of height; and/or the structure does not constitute a hazard to an established airport; and/or the structure is in the “B-1" district and provided with adequate fire suppression systems.

(Ord. 4-2009, passed 3-9-09)

   (A)   Off-street parking. Off-street parking facilities shall have definitely designated stalls; adequate ingress and egress; adequate aisles to provide safe, efficient access to spaces; adequate turning and maneuvering space and appropriate means for access to street or alley, so as to minimize interference with traffic movement. An Improvement Location Permit is required for any off-street parking lot Parking calculations shall be submitted with any Improvement Location Permit for off- street parking. In granting a permit, the Parking Schedule (refer to Appendix B) and the following tables hereby establish the minimum parking requirements:

 

 

Table 3: ADA Accessible Spaces Requirements

 

 

 

      (1)    All off-street parking lots of more than five stalls shall be graded for property drainage and surfaced in accordance with the Storm Water Ordinance.

      (2)   All lighting used to illuminate an off-street parking lot shall be non-polluting and arranged so as to reflect the light away from adjoining premises.

      (3)   Whenever a parking lot extends to a property line, wheel stops or other suitable devices, as determined by the Planning Director, shall be installed to prevent any part of a parked vehicle from extending beyond the property line. Suitable devices may include, but are not limited to, fencing or landscaping.

      (4)   Wherever appropriate, the Planning Director may, on a case-by-case basis relax the minimum off-street parking standards of a given use with the intention of allowing for shared parking. Intention of shared parking must be provided in writing by the petitioner and the owner of the parking which is intended to be shared.

   (B)   Off-street loading. Every building which requires the receipt or distribution vehicles of material or merchandise shall provide off-street loading berths of a size and arrangement appropriate for the types of vehicles utilizing this space. In no case will loading be permitted within public right-of-way, except an alley. In granting an improvement location permit, the following table shall be used as a guide to determine the required number of loading spaces:

 

(Ord. 4-2009, passed 3-9-09)

   It is the intent of the city for mobile and manufactured homes to be permitted only within an approved mobile home park or subdivision. Mobile and manufactured homes are expressly prohibited from being located sporadically throughout the city as in-fill development. The following provisions are for the siting of an individual home within a park or subdivision, and the siting of an entire mobile/manufactured home park or subdivision.

   (A)   Standards for individual placement.

      (1)   Location. The establishment, location and use of manufactured homes, including mobile homes, as individual scattered-site residences shall be permitted in any zone permitting dwelling units subject to requirements and limitations applying generally to such residential use in the district and provided such homes shall meet the following requirements and limitations:

         (a)   The home shall meet all requirements applicable to single-family dwellings and possess all necessary improvement location, building and occupancy permits and other certifications required by the code;

         (b)   The home shall be larger than 950 square feet of occupied space or meet the minimum square footage requirements for the appropriate zone;

         (c)   The home shall be attached and permanently anchored to a permanent foundation in conformance with the regulations in the Indiana One-and-Two-Family Dwelling Code and with the manufacturer’s installation specifications;

      (2)   Placement with permit. Mobile homes, as well as any manufactured homes, that do not meet the terms of division (1), shall be permitted within the city only after receiving a special exception use permit.

      (3)   Structural alteration. Due to its integral design, any structural alteration or modification, proposed for a manufactured or mobile home after it is placed on a site may be allowed only in accordance with current state law.

   (B)   Manufactured and mobile home subdivisions.

      (1)   Mobile home subdivisions, where permitted, shall be developed in accordance with the Mobile Home Parks Act of 1955, as amended; the Indiana State Board of Health Regulations, as amended; and the requirements of this Section.

      (2)   The minimum area of a mobile home subdivision shall be five acres.

      (3)    Each mobile home site within the mobile home subdivision shall have a minimum area of 3,600 square feet (excluding roadways), or three times the homes living space, whichever is greater.

      (4)    Each mobile home site shall have a minimum width of 40 feet.

      (5)   Parking spaces shall be adequate for the use and shall be located conveniently near each manufactured home site. Guest parking spaces or overflow parking spaces shall be provided as regulated in Rule 410 IAC 6-6 and its subsequent amendments.

      (6)   Not less than 10% of the gross area of the mobile home subdivision shall be improved for recreational activities for the residents of the subdivision.

      (7)   The mobile home subdivision shall meet all requirements of Subdivision Control Ordinance in Chapter 152.

      (8)   Coin-operated laundries, laundry and dry-cleaning pick-up stations and other commercial convenience establishments may be permitted in mobile home subdivision provided:

         (a)   They are subordinate to the residential character of the subdivision;

         (b)   They are located, designed and intended to serve only the needs of persons living in the subdivision;

         (c)   The establishments and the parking areas related to their use shall not occupy more than 10% of the total area of the subdivision; and

         (d)   The establishments shall present no visible evidence of their commercial nature to areas outside the subdivision.

      (9)   Each mobile home site shall be provided with a stand consisting of either a solid concrete slab or two concrete ribbons of a thickness and size adequate to support the maximum anticipated loads during all seasons. When the concrete ribbons are used the area between the ribbons shall be filled with a layer of crushed rock.

      (10)   All mobile and manufactured homes placed on a subdivision site shall be properly anchored to the ground in accordance with manufacture’s specifications or the ANSI/NFPA 501 A installation standards.

      (11)   Mobile home subdivisions shall be subject to major subdivision review as established in the subdivision control ordinance.

      (12)   Each subdivision shall be equipped with a structure of adequate construction to provide shelter for residents from tornados and other sever weather conditions. The shelter shall be of sufficient size to accommodate a population equal to 2.5 persons per home site.

(Ord. 4-2009, passed 3-9-09)

   Travel trailer parks are permitted in any district, subject to rezoning (Planned Unit Development) by the Plan Commission, provided that it complies with the requirements of this section:

   (A)   Approval by the state and county. Said travel trailer park (TTP) shall be subject to the approval of the Indiana State Board of Health and the County-City Health Sanitarian, to include but not limited to regulations concerning site review, drainage, sewage and waste disposal, water supply, stream and road setback lighting, and the like.

   (B)   Park size (minimum and maximum). The minimum lot area per park shall be five acres, with a maximum of 20 acres.

   (C)   Park ingress and egress. No TTP shall be located which does not have direct access to a county, state or federal highway. No entrance or exit shall be through a residential district, nor shall it require movement of traffic from the park through a residential district.

   (D)   Occupancy limitations. Spaces in the TTP shall be rented by the day or week only, while occupancy of such space shall not exceed 30 days during a 60 day period of time.

   (E)   Mobile home prohibited. Mobile homes shall not be permitted in the TTP district; however, the office of the manager may be a manufactured home type I or II.

   (F)   Incidental structures. Management headquarters, recreational facilities, toilets, showers, laundry facilities and other uses and structures customarily incidental to the operation of a TTP are permitted as accessory uses, provided that:

      (1)   Such establishments and parking areas primarily related to their operation shall not occupy more than 10% of the total area of the park.

      (2)    Such establishments shall be restricted in their use to occupants of the park.

      (3)    Such establishments shall present no visible evidence of their commercial character, which would attract customers other than occupants of the park.

   (G)   Proximity to a public right-of-way. No space shall be so located that any part intended for occupancy for sleeping purposes shall be within 50 feet of the right-of-way line of any freeway, express way or collector street, or within 25 feet of the right-of-way of any minor street.

   (H)   Proximity to a property line. Travel trailers and stands must be set back at least 15 feet when adjacent to a property line and 25 feet from any principal structure.

   (I)   Distance between trailers. There shall be at least 25 feet between trailers.

   (J)   Access road regulations. Access roads shall have the approval of the City Engineer and Street Commissioner, and shall meet the minimum standards set forth in the subdivision regulations. All access roads shall be of a dustless and durable surface.

   (K)   Internal street system. The internal street system shall have a right-of-way of not less than 25 feet for two-way and 18 feet for one-way traffic, and the radius on curves shall be 40 feet as required. All internal roads shall be of a dustless and durable surface. The internal street system in a travel trailer park shall be privately owned, constructed and maintained, and shall be designed for safe and convenient access to all spaces and to facilities for common use by park occupants.

   (L)   Landscaping requirement. The travel trailer park and its boundaries shall be adequately landscaped to provide a park-like appearance as determined by the Plan Commission prior to approval.

   (M)   Minimum number of off-street parking spaces. There shall be provided at least one off-street parking space for each travel trailer space.

   (N)   Shelter requirement. Each park shall be equipped with a structure of adequate construction to provide shelter for occupants from tornados and other sever weather conditions. The shelter shall be of sufficient size to accommodate a population equal to two and one half persons per site.

(Ord. 4-2009, passed 3-9-09)

   The standards for home occupations are intended to insure:

   (A)   That the home occupation is compatible with the other permitted uses and the overall residential character of the area; and

   (B)   That the home occupation is clearly secondary and incidental to the residential use of the principal building. In addition to the use as a secondary or incidental use in relation to the residential use of the principal building, a home occupation may be permitted as a special exception use if it complies with the following:

      (1)   Operation. The home occupation shall be carried on by a member of the family residing in the dwelling unit with not more than one employee who does not reside at the residence.

      (2)   Character. All home occupations shall be undetectable from outside the dwelling, and in no way shall the appearance of the structure be altered to cause the premises to differ from its residential character. The home occupation shall be carried on wholly within the principal or permitted accessory structure.

      (3)   Outside storage. There shall be no outside storage of any kind related to the home occupation.

      (4)   Traffic and parking generation. No home occupation shall generate the need for commercial vehicles for the delivery of materials to, or the pick-up of finished products from, the premises other than commercial vehicles which are typically associated with residential delivery, such as postal or parcel service vehicles. In no instance shall a home occupation create adverse traffic or parking problems.

      (5)   Hours of operation. The operation of the home occupation shall begin no earlier than 6:00 a.m. and end no later than 10:00 p.m., unless otherwise stated in the special exception use permit issued by the Board of Zoning Appeals.

      (6)   Effects on the fire rating. In no instance shall a home occupation alter or involve construction features, or the use of electrical or mechanical equipment, that would change the fire rating of the principal structure or the fire district in which the principal structure is located.

      (7)   Signage. Refer to the signage standards prescribed by this chapter.

(Ord. 4-2009, passed 3-9-09)

   (A)   Location. The establishment of any adult entertainment business shall be prohibited if such business is located:

      (1)   Within 750 feet of any other such adult entertainment businesses; or

      (2)   Within 750 feet of the property line of any church, public or parochial school, library, public park, or county courthouse, or the boundary line of any residential zoning district or agriculture zoning district within the jurisdiction of the Crawfordsville Plan Commission.

   (B)   Distance between two adult entertainment businesses. The distance between one adult entertainment business and another adult entertainment business shall be measured in a straight line, without regard to intervening structures or objects, from the closest property line of each such business.

   (C)   Distance between an adult entertainment business and institutional uses. The distance between an adult entertainment business and any church, public or parochial school, library, public park, county courthouse, residential zoning district or agriculture zoning district shall be measured in a straight line, without regard to intervening structures or objects, from the closest property line of the adult entertainment business to the nearest property line of the church, public or parochial school, library, public park or county courthouse, or the nearest boundary line of the residence zoning district or agriculture zoning district.

   (D)   Adult entertainment businesses as a part of an integrated center. If any adult entertainment business is part of or included within an integrated center, only the portion of said center or leased space occupied by such adult entertainment business shall be included in determining the closest property line of said adult entertainment business.

(Ord. 4-2009, passed 3-9-09)

   (A)   Purpose. The purpose of this section is to allow for the siting of a confined feeding operations (CFO) or a concentrated animal feeding operation (CAFO) as prescribed by the official schedule of uses.

   (B)   General standards. In addition to meeting all regulatory standards established by the Indiana Department of Environmental Management, and any other regulatory agency, the following general standards shall also be met:

      (1)   Property notification. Petitioner shall be required to notify property owners within 2,500 feet of the proposed facility of their application.

      (2)   Minimum lot size. CFO or CAFO shall be located on a lot with a minimum size of 40 acres.

      (3)   Minimum setbacks. A CAFO or CFO structure shall comply with the following minimum setback requirements:

         (a)   A minimum of 100 feet from all property lines; and

         (b)   A minimum of 500 feet from the nearest comer of any residential structure; and

         (c)   A minimum of 1,500 feet from any residential zoning district, which shall include all Agricultural-Residential Districts (A-R).

(Ord. 4-2009, passed 3-9-09)

   A sanitary landfill may be permitted as a special exception use as indicated on the official schedule of uses. The following standards and regulations shall apply:

   (A)   Accessibility. The landfill shall be accessible by collector or major thoroughfare roads and without excessive travel over residential streets.

   (B)   Review. The application and supporting information is reviewed by the City Engineer.

   (C)   Soil suitability. A landfill may only be located only on soils having slight or moderate limitations.

   (D)   Landscape buffer. At a minimum, a 100 foot undisturbed and landscaped buffer shall be provided along the boundaries of the landfill. In addition, it shall be screened and planted so that it is not visible from any residential, commercial or industrial structure or from any public street.

   (E)    Proximity to surface water bodies. The landfill shall not be closer than 200 feet to a flowing stream.

   (F)   Fencing. The landfill shall be suitably fenced to deny animals access to the premises and to prevent the spread of debris and other materials.

   (G)   Storm water drainage. The disposal site shall be graded and drained in accordance with the Crawfordsville Stormwater Drainage Control Ordinance, as amended from time to time.

(Ord. 4-2009, passed 3-9-09)

   (A)   Conditions necessary for approval. Applicants shall show a good faith effort in meeting the following necessary requirements in pursuit of establishing a wireless communications facility.

      (1)   The location of a proposed tower is compatible with the vision, goals and objectives of the Crawfordsville Comprehensive Plan.

      (2)   All efforts to co-locate on an existing tower have not been successful in that they are legally or physically impossible.

      (3)   The proposed facility/tower will not unreasonably interfere with the view from any public space, historic building or district, or community gateway.

      (4)   The lowest six feet of the facility/tower will be visually screened by trees, large shrubs, solid walls or fences and/or nearby buildings.

      (5)   The height and mass of the facility/tower does not exceed that which is essential for its intended use, nor is it constructed in a manner to result in needless guy-wire supports.

      (6)   The owner of the wireless communication facility has agreed to permit other persons/cellular providers to attach cellular antenna or other communications apparatus which do not interfere with the primary purpose of the facility.

      (7)   The facility/tower will have a security fence around the facility or tower base, or around the entire lot on which the facility or tower is located.

      (8)   The facility/tower is in compliance with any other applicable local, state, or federal regulations.

   (B)   Supplemental Information. Prior to the issuance of an improvement location permit, the following supplemental information shall be submitted:

      (1)   A copy of the FAA (Federal Aviation Administration) response to the submitted (notice of proposed construction or alteration form (FAA Form 7460-1);

      (2)   Proof of compliance with applicable Federal Communications Commission regulations; and

      (3)   Proof that the tower will be built to manufacturer standards.

      (4)   A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and its associated facilities upon cessation of operations at the site.

(Ord. 4-2009, passed 3-9-09)