This chapter, and ordinances supplemental or amendatory thereto, shall be known and cited as the “Zoning Code” or “this chapter”.

(Prior Code, § 150.01) (Ord. 1978-4, passed 3-21-1978)

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

   ABUTTING. Bordering.

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

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

   AIRPORT. A use devoted to the takeoff, landing and storing of aircraft.

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

   ALLEY LINE. A lot line bordering on an alley.

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

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

   BASEMENT. A story, wholly or partly underground, which, unless subdivided into rooms and used for tenant purposes, shall not be included as a story for the purposes of height measurement.

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

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

   BOARD. The City Board of Zoning Appeals.

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

   BUILDING. Includes STRUCTURE. A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels or other property. When separated by party walls, without opening through such walls, each portion of such a building shall be considered a separate structure. At no time shall the definition of a BUILDING be construed to include mobile homes.

   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 INSPECTOR. The designated and appointed Building Inspector for the city, appointed by the Mayor.

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

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

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

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

   BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which the building is situated. Where a substantial part of an accessory building is attached to the principal building in a substantial manner, as by a roof, 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, the maintenance or operation of offices, recreational, and amusement enterprises for profit.

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

   CAMPING OR TRAVEL TRAILER. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as CAMPING OR TRAVEL TRAILER by the manufacturer of the trailer; and, when factory equipped for the road, it shall have a body width not exceeding eight feet and a body length not exceeding 32 feet.

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

   CERTIFICATE OF OCCUPANCY. A certificate issued by the Building Inspector stating that the codes and ordinances of the city have been met and that the subject structure may be occupied.

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

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

   COMMISSION. The City Plan Commission.

   CONFORMING USE. An existing or proposed use of land or building which is in compliance with the requirements set forth in this chapter applicable to the district in which such use is or is proposed to be located.

   CONTINGENT USES. A use which is not inappropriate to the principal uses of the district in which it may be located. CONTINGENT USES shall be allowed only after the review procedure for a special exception has been met by the applicant.

   COVENANTS. A written agreement or promise under seal between two or more parties for the performance of some action pertaining to real property, which qualifies for recordation in the County Recorder’s office.

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

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

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

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

   DWELLING UNIT. One or more rooms in a residential building or residential portion of a building, which are arranged, designed, used or intended for use by one or more persons living together and maintaining a common household, and which include lawful cooking space and lawful sanitary facilities reserved for the occupants thereof.

      (1)   DUPLEX. A building designed as two separate single-family residences, having a party wall in common separating or dividing the two residences.

      (2)   MULTIPLE-FAMILY DWELLING. A building on a lot designed and used exclusively as a residence for three or more families living independently of one another.

      (3)   SINGLE-FAMILY DWELLING. A building on a lot designed and occupied exclusively as a residence for one family.

      (4)   TWO-FAMILY DWELLING. A building on a lot designed and occupied exclusively as a residence for two families.

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

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

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

   FENCE. A barrier intended to prevent escape or intrusion or to make a boundary. This barrier may be constructed of posts, wire, boards, concrete or stone.

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

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

   FLOOD or FLOODWATER. The water of any watercourse which is above the banks and/or outside the channel and banks of such watercourse.

   FLOOD HAZARD AREA. Any floodway or floodway fringe district or any combination thereof as shown on the zoning map; provided, the area for the purpose of participation in the National Flood Insurance Program under the Federal Insurance Administration includes any area designated as such on the flood boundary floodway maps and flood insurance rate maps dated 7-2-1981, and any revision thereto as prepared by the Federal Insurance Administration.

   FLOOD PROTECTION GRADE. The elevation of the lowest floor of a building or structure. If a basement is included, the basement floor is considered the lowest floor. However, if a commercial or industrial building is floodproofed as hereinafter defined, the term FLOOD PROTECTION GRADE applies to the water surface elevation for which the building is protected.

   FLOODPROOF BUILDING. A commercial or industrial building so designed and constructed as to exclude floodwaters from the interior of the building. All floodproofing shall be adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the regulatory flood.

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

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

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

   FRONTAGE. All the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street; or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

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

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

   GRADE. (Also, LOT GROUND LEVEL.)

      (1)   For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street.

      (2)   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.

      (3)   For buildings having no wall adjoining the street, the average level of the ground adjacent to the exterior walls of the building. Any wall approximately parallel to and not more than five feet from a street line is to be considered as adjoining the street.

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

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

   HOME OCCUPATION. An accessory use which:

      (1)   Is clearly incidental to or secondary to the residential use of a dwelling unit or rooming unit;

      (2)   Is carried on within a dwelling unit, rooming unit or accessory building by one or more occupants of such dwelling unit or rooming unit; except that, in connection with the practice of a profession, one person not residing in such dwelling unit or rooming unit may be employed; and

      (3)   Occupies not more than 25% of the total floor area of such dwelling unit, rooming unit or accessory building and, in no event, more than 500 square feet of floor area.

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

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

   IMPROVEMENT LOCATION PERMIT. A permit which must be issued by the Superintendent of Zoning of the city prior to the alteration, change, placement, erection or location on any platted or unplatted lands of a structure, improvement or use of land.

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

   INDUSTRIAL USE, ENCLOSED. The manufacturing, fabricating, processing, extraction, heavy repairing, dismantling, storage or disposal of equipment, raw materials, manufactured products or wastes, conducted entirely within the enclosed buildings, in a district permitting an enclosed industrial use, and in compliance with the standards and specifications of such district.

   INDUSTRIAL USE, OPEN. The manufacturing, fabricating, processing, extraction, heavy repairing, dismantling, storage or disposal of equipment, raw materials, manufactured products or wastes, conducted in both buildings and open area, or open area only, in a district permitting open industrial use and in compliance with the standards and specifications of such district.

   INDUSTRIALIZED BUILDING. Pursuant to I.C. 22-12-1-14, any part of a building or other structure that is in whole or in substantial part fabricated in an off-site manufacturing facility for installation or assembly at the building site as part of a Class 1 structure, a Class 2 structure, or another building or structure. However, the does not include a mobile structure or a system that is capable of inspection at the building site.

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

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

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

   LOADING OR 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 45-foot loading space with a 14-foot height clearance; except that, if more than one berth is provided, the 12-foot dimension shall be ten feet.

   LODGING HOUSE. A building where lodging only is provided, for compensation, to three or more, but not exceeding 12, persons, not open to transients, in contradistinction to a hotel, which is open to transients.

   LOT. A parcel, tract, or area of land. It may be a single parcel separately described in a deed or plat which is recorded in the office of the County Recorder; it may be a part of a single parcel described in a deed or plat which is recorded in the office of the County Recorder; provided, the part to be used is adequate in size to meet all yard requirements of this chapter; or it may include parts of a combination of such parcels when adjacent to one another and used as one. In determining lot area and boundary lines, no part thereof within the limits of the street or any private access serving more than one main building shall be included.

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

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

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

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

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

   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.

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

   LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets. A through lot requires a front setback on each street.

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

   MANUFACTURED HOME. Pursuant to I.C. 22-12-1-16 as set forth in 42 U.S.C. 5402 as it existed on January 1, 2003, a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under this 42 U.S.C. 5401 et seq. and except that such term shall not include any self-propelled recreational vehicle.

   MOBILE HOME. A one-family structure designed for transportation, after fabrication, on the streets and highways on its own wheels or on a flatbed or trailer, and arriving at the site where it is to be occupied as a dwelling, complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on jacks or permanent foundations, connecting to utilities and the like.

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

   MOBILE HOME TIE-DOWNS: SCHEDULE A. Sufficient anchorage to resist flotation, collapse or lateral movement of any mobile home. At a minimum, the anchorage shall consist of the following.

      (1)   Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations. Mobile homes less than 50 feet long shall require only one additional tie per side.

      (2)   Frame ties shall be provided at each corner of the home with five additional ties per side at intermediate points. Mobile homes less than 50 feet long shall require four additional points and four additional ties per side.

      (3)   All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.

      (4)   Any additions to the mobile home shall be similarly anchored.

   MOBILE STRUCTURE. Pursuant to I.C. 22-12-1-17:

      (1)   Any part of a fabricated unit that is designed to be:

         (a)   Towed on its own chassis; and

         (b)   Connected to utilities for year- round occupancy or use as a Class 1 structure, a Class 2 structure or another structure.

      (2)   Includes the following:

         (a)   Two or more components that can be retracted for towing purposes and subsequently expanded for additional capacity; or

         (b)   Two or more units that are separately towable but designed to be joined into one integral unit.

      (3)   Does not include RECREATIONAL VEHICLE.

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

   MODULAR HOME. A one-family structure designed in standardized units for transportation, after fabrication, to its destined site. A MODULAR HOME usually involves two or more standardized units which are built to meet all minimum Building Code requirements and which are designed to be permanently affixed to a foundation on the site. This definition also includes a double-wide mobile home so affixed to a foundation with undercarriage and hitch removed. See also INDUSTRIALIZED BUILDING.

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

   MOTORIZED HOME. A portable dwelling designed and constructed as an integral part of a self-propelled vehicle.

   NATURAL RESOURCES. The State Natural Resources Commission.

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

   NURSING HOME. A facility licensed by the State Board of Health, which provides the services listed below. Such facilities may also provide other and similar medical or health services; provided that, no occupant requires physical restraint within the facility. Examples of NURSING HOME FACILITIES that provide health services may include, if they comply with all the criteria above and below, nursing homes, convalescent homes, maternity homes, rest homes, homes for the aged and the like:

      (1)   Provides nursing services on a continuing basis;

      (2)   Admits the majority of the occupants upon the advice of physicians as ill or infirm persons requiring nursing services;

      (3)   Provides for licensed physicians’ services or supervision; and

      (4)   Maintains medical records.

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

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

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

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

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

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

   PERMIT. A written warrant or license granted by the Building Inspector, Superintendent of Zoning, Board of Zoning Appeals, City Plan Commission, the Common Council or other authorized official of the city.

   PERSON. A corporation, firm, partnership, association, cooperative organization or any other group acting as a unit, as well as a natural person.

   PICKUP COACH. A structure designed primarily to be mounted on a pickup truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.

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

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

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

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

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

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

   PROFESSIONAL OFFICE IN RESIDENCE. An office in the dwelling of a member of a recognized profession, as defined by the United States Bureau of the Census; provided that, the professional service is performed by a member or members of a family occupying such dwelling and no more than one additional person is employed in rendering such service; provided, further, that, not more than 25% of the gross floor area is devoted to such use; and, provided also that, no sign, other than a nameplate attached to the building, not exceeding two square feet in area, is displayed.

   PUBLIC NUISANCE. An annoying, unpleasant, obnoxious or unsafe thing or practice, further clarified and defined in Ch. 92 of this code of ordinances. For the purpose of this chapter, PUBLIC NUISANCES shall be those described in Ch. 92 of this code of ordinances.

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

   RECREATIONAL EQUIPMENT. As used in this chapter, camping or travel trailers, pickup coaches or motorized homes.

   REGULATORY FLOOD. The flood having a peak discharge which can be expected to be equaled or exceeded on the average of once in a 100-year period, as calculated by a method and procedure which is acceptable to and approved by the State Natural Resources Commission. This flood is equivalent to a flood having a probability of occurrence of 1% in any given year.

   REGULATORY FLOOD PROFILE. A longitudinal profile along the thread of a stream, showing the maximum water surface attained by the regulatory flood.

   RESTRICTIVE COVENANT. A written agreement or promise under seal, restricting present or future property owners to certain uses or practices on a tract of land. Usually, RESTRICTIVE COVENANTS set minimums and maximums that may or may not be more strict than the district requirements set forth in this chapter.

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

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

   SIGN. Any advertising sign, billboard, board, device, structure or part thereof, or device attached thereto or painted or represented thereon, for advertising, display or publicity purposes. SIGNS placed or erected by governmental agencies for the purpose of showing street names, or traffic directions or regulations for other governmental purposes, shall not be included herein.

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

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

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

   SPECIAL EXCEPTION. Uses publicly operated and those uses traditionally affected with a public interest, and those uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property and public facilities.

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

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

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

   STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, substantial change in the exterior walls or the roof, substantial change in the electrical, plumbing, heating, air conditioning or ventilation system or service, serving a building.

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

   SUBSTANTIAL ENLARGEMENT. The increase of the exterior size, bulk or dimensions of a building. Such a SUBSTANTIAL ENLARGEMENT is considered to occur when the first significant alteration of any wall, ceiling, floor or other structural element of that building commences.

   SUPERINTENDENT OF ZONING. The superintendent is responsible for enforcement of this chapter on a day-to-day basis. The SUPER- INTENDENT may or may not be the same person as the Building Inspector. The SUPERINTENDENT shall be appointed by the Mayor.

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

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

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

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

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

   VIBRATION. Oscillatory motion transmitted through the ground.

   VISION CLEARANCE ON CORNER LOTS. A triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the heights of three and 12 feet above the established street grade. The street grade is measured at the intersection of the centerlines of the intersecting street pavements; and the triangular space is determined by a diagonal line connecting two points measured 25 feet along each of the street property lines equidistant from the intersection of the property lines or the property lines extended, at the corner of the lot.

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

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

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

   YARD, SIDE. A yard between the principal building and the side lot line, extending from the front yard or from the front lot line where no front yard is required, to the rear yard. The width of the required SIDE YARD is measured horizontally at 90 with the side lot line, from the nearest part of the principal building, except in cases where irregular or pie-shaped lots are located, then the width of the required side yard shall be an average of the width of the area between the side lot line and the principal building, measured horizontally at 90 with the side lot line.

(Prior Code, § 150.02) (Ord. 1978-4, passed 3-21-1978; Ord. 1981-5, passed 6-16-1981)

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

   (A)   RS, Suburban Residence District;

   (B)   R-1, Residence (Low Density) District;

   (C)   R-2, Residence (Medium Density) District;

   (D)   R-H, Homestead Residence District;

   (E)   C-1, Local Commercial District;

   (F)   C-2, General Commercial District;

   (G)   C-3, Roadside Commercial District;

   (H)   I-1, Industrial District;

   (I)   I-2, Industrial Expansion District;

   (J)   A, Agricultural District;

   (K)   FH, Flood Hazard Districts;

   (L)   FW, Floodway District;

   (M)   FF, Floodway Fringe District; and

   (N)   PUD, Planned Unit Development District.

(Prior Code, § 150.03) (Ord. 1978-4, passed 3-21-1978; Ord. 1981-5, passed 6-16-1981)

   The zoning map, which accompanies and is declared to be a part of this chapter, shows the boundaries of and the area covered by the districts. Notations, references, indications and other matters shown on the zoning map are as much a part of this chapter as if they were otherwise fully described herein.

(Prior Code, § 150.04) (Ord. 1978-4, passed 3-21-1978)

   The Commission, the Board, the Building Inspector or any designated enforcement official, or any person or persons, 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 Commission or the Board may also institute a suit for mandatory injunction directing an 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 of the requirements thereof, is declared to be a common nuisance and as such may be abated in such manner as nuisances are now or may hereafter be abated under existing law.

(Prior Code, § 150.05) (Ord. 1978-4, passed 3-21-1978)

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

(Prior Code, § 150.06) (Ord. 1978-4, passed 3-21-1978)

   Satellite dishes, which receive television and radio signals, shall not be located in the front yard of any property zoned RS, R-1, R-2 or R-H.

(Prior Code, § 150.07) (Ord. 2000-4, passed 3-21-2000)

   (A)   Single-family dwellings;

   (B)   Accessory buildings; except that, they may not be erected prior to the erection of the principal building;

   (C)   Accessory uses, as defined in § 150.323(E) of this chapter;

   (D)   Public parks and playgrounds and other municipal recreation uses, libraries and museums; and

   (E)   Agricultural operations.

(Prior Code, § 150.10) (Ord. 1978-4, passed 3-21-1978)

   The following uses may be permitted by special exception in accordance with the procedure defined in §§ 150.261 and 150.263 of this chapter:

   (A)   Airport or heliport;

   (B)   Artificial lake of three or more acres;

   (C)   Cemetery;

   (D)   Church or temple;

   (E)   Commercial farm enterprise;

   (F)   Country club or golf course;

   (G)   Greenhouse, commercial;

   (H)   Hospital;

   (I)   Mobile home park;

   (J)   Nursing home;

   (K)   Outdoor theater;

   (L)   Private recreational development;

   (M)   Private school, including kindergarten or day nursery;

   (N)   Public camp;

   (O)   Public park or public recreational facility;

   (P)   Radio or television transmission tower;

   (Q)   Residential development plan;

   (R)   Residential unit, cottage, hunting or fishing lodge;

   (S)   Special school; and

   (T)   Stadium or coliseum.

(Prior Code, § 150.11) (Ord. 1978-4, passed 3-21-1978)

   Except as may be otherwise provided herein, the following contingent uses may be permitted by special exception in accordance with the procedure and requirements of §§ 150.261 and 150.275 through 150.279 of this chapter, respectively:

   (A)   College or university;

   (B)   Home occupation;

   (C)   Municipal or governmental building use;

   (D)   Power substation or telephone exchange;

   (E)   Professional office;

   (F)   Educational institution;

   (G)   Sewage treatment or disposal plant;

   (H)   Water treatment or distribution plant; and

   (I)   Temporary sign, pertaining to lease, hire or sale of a building or premises.

(Prior Code, § 150.12) (Ord. 1978-4, passed 3-21-1978)

   (A)   Single-family dwellings: 10,000 square feet.

   (B)   All other permitted uses: 20,000 square feet.

   (C)   Minimum lot area for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.13) (Ord. 1978-4, passed 3-21-1978)

   (A)   Single-family dwellings: 65 feet.

   (B)   All other permitted uses: 100 feet.

   (C)   Minimum lot widths for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.14) (Ord. 1978-4, passed 3-21-1978)

   (A)   Principal buildings: 40 feet.

   (B)   Accessory buildings: 65 feet.

   (C)   Minimum front yards for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.15) (Ord. 1978-4, passed 3-21-1978)

   (A)   Principal buildings: ten feet.

   (B)   Accessory buildings: ten feet.

   (C)   Minimum side yards for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.16) (Ord. 1978-4, passed 3-21-1978)

   (A)   Principal buildings: 30 feet.

   (B)   Accessory buildings: ten feet.

   (C)   Minimum side yards for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.17) (Ord. 1978-4, passed 3-21-1978)

   (A)   Principal buildings: 25 feet.

   (B)   Accessory buildings: 18 feet.

   (C)   Maximum heights of buildings for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.18) (Ord. 1978-4, passed 3-21-1978)

   (A)   One-family dwellings;

   (B)   Two-family dwellings;

   (C)   Accessory buildings; except that, they may not be erected prior to the erection of the principal building;

   (D)   Accessory uses, as defined in § 150.323(E) of this chapter; and

   (E)   Public parks and playgrounds and other municipal uses, libraries and museums.

(Prior Code, § 150.20) (Ord. 1978-4, passed 3-21-1978)

   The following uses may be permitted by special exception in accordance with the procedure and requirements of §§ 150.261 and 150.263, respectively, of this chapter:

   (A)   Church or temple;

   (B)   Country club or golf course;

   (C)   Greenhouse, commercial;

   (D)   Hospital;

   (E)   Private recreational development;

   (F)   Private school, including kindergarten or day nursery;

   (G)   Public park or public recreational facility;

   (H)   Radio or television transmission tower;

   (I)   Residential development plan; and

   (J)   Special school.

(Prior Code, § 150.21) (Ord. 1978-4, passed 3-21-1978)

   Except as may be otherwise provided herein, the following contingent uses may be permitted by special exception in accordance with the procedure and requirements of §§ 150.261 and 150.275 through 150.279, respectively, of this chapter:

   (A)   College or university;

   (B)   Home occupation;

   (C)   Municipal or governmental building or use;

   (D)   Power substation or telephone exchange;

   (E)   Professional office;

   (F)   Educational institution;

   (G)   Sewage treatment or disposal plant;

   (H)   Water treatment or distribution plant; and

   (I)   Temporary sign, pertaining to lease, hire or sale of a building or premises.

(Prior Code, § 150.22) (Ord. 1978-4, passed 3-21-1978)

   (A)   Single-family dwellings: 8,400 square feet.

   (B)   Two-family dwellings: 15,000 square feet.

   (C)   All other permitted uses: 20,000 square feet.

   (D)   Minimum lot areas for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.23) (Ord. 1978-4, passed 3-21-1978)

   (A)   Single-family dwellings: 70 feet.

   (B)   Two-family dwellings: 85 feet.

   (C)   All other permitted uses: 100 feet.

   (D)   Minimum lot widths for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.24) (Ord. 1978-4, passed 3-21-1978)

   (A)   Principal buildings. The front yard building line shall be determined by utilizing the following formula or requirement.

      (1)   The building setback line shall be 25 feet from the front lot line or 55 feet from the centerline of the street or road, whichever is greater.

      (2)   Building lines or building setback lines established in a recorded subdivision shall establish the dimension of front yards in such subdivisions, except when such building setback lines may be less restrictive as provided in § 150.319 of this chapter.

      (3)   On through lots, a front yard is required on each street.

      (4)   Open, unenclosed or screen porch (not a glass enclosed porch or sun parlor) may project into front yard a maximum of ten feet.

   (B)   Accessory buildings. The established building setback line, plus an additional 25 feet.

   (C)   Front yards. Minimum front yards for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.25) (Ord. 1978-4, passed 3-21-1978)

   (A)   Principal and accessory buildings shall have a side yard of no less than ten feet.

   (B)   Minimum side yards for use by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.26) (Ord. 1978-4, passed 3-21-1978)

   (A)   Principal buildings shall have a rear yard of no less than 20 feet.

   (B)   Accessory buildings shall have a minimum rear yard of ten feet.

   (C)   Minimum rear yards for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.27) (Ord. 1978-4, passed 3-21-1978; Ord. 2005-5, passed 4-5-2005)

   (A)   Principal buildings: 35 feet or two and one- half stories.

   (B)   Accessory buildings: 18 feet.

(Prior Code, § 150.28) (Ord. 1978-4, passed 3-21-1978)

   Principal buildings shall have a minimum ground floor area of 800 square feet.

(Prior Code, § 150.29) (Ord. 1978-4, passed 3-21-1978)

   All buildings including accessory buildings shall not cover more than 35% of the area of a lot.

(Prior Code, § 150.30) (Ord. 1978-4, passed 3-21-1978)

   (A)   Single-family dwellings;

   (B)   Two-family dwellings;

   (C)   Multi-family dwellings;

   (D)   Public parks and playgrounds and other municipal recreation uses, libraries and museums;

   (E)   Accessory buildings; except that, they may not be erected prior to the erection of the principal buildings; and

   (F)   Accessory uses, as defined in § 150.323(E) of this chapter.

(Prior Code, § 150.40) (Ord. 1978-4, passed 3-21-1978)

   The following uses may be permitted by special exception in accordance with the procedure defined in §§ 150.261 and 150.263 of this chapter:

   (A)   Church or temple;

   (B)   Country club or golf course;

   (C)   Greenhouse, commercial;

   (D)   Hospital;

   (E)   Nursing home;

   (F)   Private recreational development;

   (G)   Private school, including kindergarten or day nursery;

   (H)   Professional office;

   (I)   Public or employee parking areas;

   (J)   Radio or television transmission tower;

   (K)   Residential development plan;

   (L)   Special school;

   (M)   Stadium or coliseum; and

   (N)   Tourist home.

(Prior Code, § 150.41) (Ord. 1978-4, passed 3-21-1978)

   Except as may otherwise be provided herein, the following contingent uses may be permitted by special exception in accordance with the procedure defined in §§ 150.261 and 150.275 through 150.279 of this chapter:

   (A)   Boarding or lodging house;

   (B)   College or university;

   (C)   Home occupation;

   (D)   Lodge or private club (which is of a non- commercial character);

   (E)   Mortuary;

   (F)   Municipal or governmental building or use;

   (G)   Power substation or telephone exchange;

   (H)   Professional office;

   (I)   Educational institution;

   (J)   Sewage treatment or disposal plant;

   (K)   Water treatment or distribution plant; and

   (L)   Temporary sign, pertaining to lease, hire or sale of a building or premises.

(Prior Code, § 150.42) (Ord. 1978-4, passed 3-21-1978)

   (A)   Single-family dwellings: 6,500 square feet.

   (B)   Two-family dwellings: 10,000 square feet.

   (C)   Multi-family dwellings: 13,000 square feet for first three units, plus 3,000 square feet for each unit thereafter.

   (D)   All other permitted uses: 3,000 square feet.

   (E)   Minimum lot areas for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.43) (Ord. 1978-4, passed 3-21-1978)

   (A)   Single-family dwellings: 60 feet.

   (B)   Two-family dwellings: 70 feet.

   (C)   Multi-family dwellings: 100 feet.

   (D)   All other permitted uses: 100 feet.

   (E)   Minimum lot widths for uses by special exceptions are defined in § 150.263 of this chapter.

(Prior Code, § 150.44) (Ord. 1978-4, passed 3-21-1978)

   (A)   Principal buildings. The front yard building line shall be determined by utilizing the following formula or requirement.

      (1)   The building setback line shall be 25 feet from the front lot line or 55 feet from the centerline of the street or road, whichever is greater.

      (2)   Building lines or building setback lines established in a recorded subdivision shall establish the dimension of front yards in such subdivisions, except when such building setback lines may be less restrictive as provided in § 150.319 of this chapter.

      (3)   On through lots, a front yard is required on each street.

      (4)   Open, unenclosed or screened porch (not a glass enclosed porch or sun parlor) may project into front yard a maximum of ten feet.

   (B)   Accessory buildings. The established building setback line plus an additional 25 feet.

   (C)   Front yards. Minimum front yards for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.45) (Ord. 1978-4, passed 3-21-1978)

   (A)   Principal and accessory buildings shall have a side yard of no less than eight feet.

   (B)   Minimum side yards for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.46) (Ord. 1978-4, passed 3-21-1978; Ord. 2005-5, passed 4-5-2005)

   (A)   Principal buildings shall have a rear yard of at least 20% of the lot depth, but such yard need not exceed 40 feet.

   (B)   Accessory buildings shall have a minimum rear yard of ten feet.

   (C)   Minimum rear yards for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.47) (Ord. 1978-4, passed 3-21-1978)

   (A)   Principal buildings: 35 feet or two and one- half stories.

   (B)   Accessory buildings: 18 feet.

(Prior Code, § 150.48) (Ord. 1978-4, passed 3-21-1978)

   Principal buildings shall have a minimum ground floor area of 800 feet.

(Prior Code, § 150.49) (Ord. 1978-4, passed 3-21-1978)

   All buildings including accessory buildings shall not cover more than 35% of the area of a lot.

(Prior Code, § 150.50) (Ord. 1978-4, passed 3-21-1978)

   (A)   Single-family dwellings;

   (B)   Public park and public recreational facility;

   (C)   Accessory buildings; except that, they may not be erected prior to the erection of the principal buildings; and

   (D)   Accessory uses, as defined in § 150.323(E) of this chapter.

(Prior Code, § 150.60) (Ord. 1978-4, passed 3-21-1978)

   The following contingent uses may be permitted by special exception in accordance with the procedure defined in §§ 150.261 and 150.275 through 150.279 of this chapter:

   (A)   Home occupation;

   (B)   Professional office; and

   (C)   Temporary sign, pertaining to lease, hire or sale of a building or premises.

(Prior Code, § 150.61) (Ord. 1978-4, passed 3-21-1978)

   (A)   Single-family dwellings: 40,000 square feet.

   (B)   All other permitted uses: 40,000 square feet.

(Prior Code, § 150.62) (Ord. 1978-4, passed 3-21-1978)

   All permitted uses: 100 feet.

(Prior Code, § 150.63) (Ord. 1978-4, passed 3-21-1978)

   All permitted uses: 40 feet.

(Prior Code, § 150.64) (Ord. 1978-4, passed 3-21-1978)

   All permitted uses: ten feet.

(Prior Code, § 150.65) (Ord. 1978-4, passed 3-21-1978)

   All permitted uses: 30 feet.

(Prior Code, § 150.66) (Ord. 1978-4, passed 3-21-1978)

   (A)   Principal buildings: 35 feet.

   (B)   Accessory buildings: 18 feet.

(Prior Code, § 150.67) (Ord. 1978-4, passed 3-21-1978)

   Principal buildings shall have a minimum ground floor area of 800 feet.

(Prior Code, § 150.68) (Ord. 1978-4, passed 3-21-1978)

   All buildings including accessory buildings shall not cover more than 35% of the area of a lot.

(Prior Code, § 150.69) (Ord. 1978-4, passed 3-21-1978)

   A local commercial is one which is primarily of a retail or service nature and is specifically stated by not limited to the following categories of use:

   (A)   Automobile service, including:

      (1)   Filling station;

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

      (3)   Public parking area.

   (B)   Commercial service, including:

      (1)   Bank;

      (2)   Office building; and

      (3)   Postal station.

   (C)   Clothing service, including:

      (1)   Laundry agency;

      (2)   Self-service laundry;

       (3)   Dry-cleaning establishment using not more than two clothes-cleaning units, neither of which shall have a rate capacity of more than 60 pounds, using cleaning fluid which is non-explosive and non- flammable;

      (4)   Dressmaking;

      (5)   Millinery;

      (6)   Tailor and pressing shop; and

      (7)   Shoe repair shop.

   (D)   Equipment service, including:

      (1)   Radio or television repair shop; and

      (2)   Electric appliance repair shop.

   (E)   Food service, including:

      (1)   Grocery;

      (2)   Meat market;

      (3)   Restaurant;

      (4)   Delicatessen;

      (5)   Cold storage lockers; and

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

   (F)   Personal service, including:

      (1)   Barber shop;

      (2)   Beauty shop;

      (3)   Reducing salon; and

      (4)   Photographic studio.

   (G)   Retail service, retail stores generally, including:

      (1)   Drugstore;

      (2)   Hardware or paint store; and

      (3)   News dealer.

   (H)   Commercial recreational uses, including:

      (1)   Tavern or nightclub, only in conformity with requirements of laws or ordinances governing such use; and

      (2)   Sporting activities, including such uses as bowling alleys, gymnasiums, ball fields, tennis courts, swimming pools and other similar uses.

   (I)   Private club or lodge; and

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

(Prior Code, § 150.80) (Ord. 1978-4, passed 3-21-1978)

   The following uses may be permitted by special exception in accordance with the procedure defined in §§ 150.261 and 150.263 of this chapter:

   (A)   Church or temple;

   (B)   Commercial farm enterprise;

   (C)   Greenhouse, commercial;

   (D)   Hospital;

   (E)   Nursing home;

   (F)   Nursing home conversion;

   (G)   Private school, including kindergarten or day nursery;

   (H)   Employee parking area;

   (I)   Radio or television transmission tower;

   (J)   Residential development plan;

   (K)   Special school;

   (L)   Stadium or coliseum; and

   (M)   Tourist home.

(Prior Code, § 150.81) (Ord. 1978-4, passed 3-21-1978)

   The following contingent uses may be permitted by special exception in accordance with the procedure defined in §§ 150.261 and 150.275 through 150.279 of this chapter:

   (A)   Boarding or lodging house;

   (B)   College or university;

   (C)   Home occupation;

   (D)   Mortuary;

   (E)   Municipal or governmental building or use;

   (F)   Power substation or telephone exchange;

   (G)   Professional office;

   (H)   Educational institution;

   (I)   Sewage treatment or disposal plant;

   (J)   Water treatment or distribution plant; and

   (K)   Temporary sign, pertaining to lease, hire or sale of a building or premises.

(Prior Code, § 150.82) (Ord. 1978-4, passed 3-21-1978)

   (A)   No minimum lot area for permitted or contingent uses.

   (B)   Minimum lot areas for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.83) (Ord. 1978-4, passed 3-21-1978)

   (A)   No minimum lot width for permitted for contingent uses.

   (B)   Minimum lot widths for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.84) (Ord. 1978-4, passed 3-21-1978)

   (A)   All permitted and contingent uses: 25 feet from front lot line or 55 feet from center of street, whichever is greater.

   (B)   Minimum front yards for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.85) (Ord. 1978-4, passed 3-21-1978; Ord. 1993-8, passed 11-2-1993)

   (A)   Minimum side yard for all permitted and contingent uses when adjacent to a commercial district: ten feet.

   (B)   Minimum side yard for all permitted and contingent uses when adjacent to a residential district: 15 feet.

   (C)   Minimum side yards for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.86) (Ord. 1978-4, passed 3-21-1978; Ord. 1993-8, passed 11-2-1993)

   (A)   Minimum rear yard for all permitted or contingent uses: 20 feet.

   (B)   Minimum rear yards for uses by specific exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.87) (Ord. 1978-4, passed 3-21-1978; Ord. 1993-8, passed 11-2-1993)

   (A)   All permitted or contingent uses: 35 feet or two and one-half stories.

   (B)   Maximum heights of buildings for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.88) (Ord. 1978-4, passed 3-21-1978)

   Local commercial uses, § 150.110(B) through (J) of this chapter, shall be conducted within buildings so constructed that no noise of any kind produced therein shall be audible beyond the confines of the building.

(Prior Code, § 150.89) (Ord. 1978-4, passed 3-21-1978)

   A general commercial use including accessory buildings and uses includes the uses, specifically stated but not limited to the following categories of use:

   (A)   Automobile service, including:

      (1)   Filling station;

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

      (3)   Public parking area;

      (4)   Sales room;

      (5)   Open sales lot;

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

      (7)   Automobile and truck repair, entirely within enclosed buildings.

   (B)   Commercial service, including:

      (1)   Bank;

      (2)   Office building;

      (3)   Postal station;

      (4)   Telegraph office; and

      (5)   Utility company commercial office.

   (C)   Clothing service, including:

      (1)   Laundry agency;

      (2)   Self-service laundry;

      (3)   Dry-cleaning establishment using not more than two clothes-cleaning units, neither of which shall have a rated capacity of more than 60 pounds, using cleaning fluid which is non-explosive and non- flammable;

      (4)   Dressmaking;

      (5)   Millinery;

      (6)   Tailor and pressing shop; and

      (7)   Shoe repair shop.

   (D)   Equipment service, including:

      (1)   Radio or television repair shop;

      (2)   Electric appliance repair shop; and

      (3)   Record shop.

   (E)   Food service, including:

      (1)   Grocery;

      (2)   Meat market;

      (3)   Supermarket;

      (4)   Restaurant;

      (5)   Delicatessen;

      (6)   Cold storage lockers;

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

      (8)   Roadside sales stand.

   (F)   Personal service, including:

      (1)   Barber shop;

      (2)   Beauty shop;

      (3)   Reducing salon; and

      (4)   Photographic studio.

   (G)   Retail service, retail stores generally, including:

      (1)   Drugstore;

      (2)   Hardware or paint store;

      (3)   Stationer;

      (4)   News dealer;

      (5)   Show room and sales area for articles to be sold at retail;

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

      (7)   Apparel shop;

      (8)   Flower shop;

      (9)   Antique shop;

      (10)   Shoe store;

      (11)   Variety store;

      (12)   Toy store;

      (13)   Jewelry store;

      (14)   Sporting goods store; and

      (15)   Department store.

   (H)   Commercial recreational uses, including:

      (1)   Billiard room;

      (2)   Dancing academy;

      (3)   Tavern or nightclub, only in conformity with requirements of laws or ordinances governing such use;

      (4)   Sporting activities;

      (5)   Indoor theater; and

      (6)   Bowling alley or roller rink, entirely with enclosed buildings.

   (I)   Private club or lodge;

   (J)   Motel/hotel;

   (K)   Other:

      (1)   Veterinary hospital for small animals;

      (2)   Kennel;

      (3)   Radio and television studios;

      (4)   Newspaper publishing;

      (5)   Motor bus or railroad passenger station;

      (6)   Storage warehouse;

      (7)   Wholesale establishment; and

      (8)   Any commercial use not specifically stated or implied elsewhere in the chapter.

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

(Prior Code, § 150.90) (Ord. 1978-4, passed 3-21-1978)

   The following uses may be permitted by special exception in accordance with the procedure defined in §§ 150.261 and 150.263 of this chapter:

   (A)   Church or temple;

   (B)   Commercial farm enterprise;

   (C)   Greenhouse, commercial;

   (D)   Heliport;

   (E)   Hospital;

   (F)   Nursing home;

   (G)   Nursing home conversion;

   (H)   Private school, including kindergarten or day nursery;

   (I)   Employee parking area;

   (J)   Radio or television transmission tower;

   (K)   Residential development plan;

   (L)   Shopping center plan;

   (M)   Special school; and

   (N)   Stadium or coliseum.

(Prior Code, § 150.91) (Ord. 1978-4, passed 3-21-1978)

   Except as may otherwise be provided herein, the following contingent uses may be permitted by special exception in accordance with the procedure defined in §§ 150.261 and 150.275 through 150.278 of this chapter:

   (A)   Boarding or lodging house;

   (B)   College or university;

   (C)   Mortuary;

   (D)   Municipal or governmental buildings or use;

   (E)   Power substation or telephone exchange;

   (F)   Professional office in residence;

   (G)   Educational institution;

   (H)   Sewage treatment or disposal plant;

   (I)   Water treatment or distribution plant; and

   (J)   Temporary sign, pertaining to lease, hire or sale of a building or premises.

(Prior Code, § 150.92) (Ord. 1978-4, passed 3-21-1978)

   (A)   No minimum lot area for permitted or contingent uses.

   (B)   Minimum lot areas for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.93) (Ord. 1978-4, passed 3-21-1978)

   (A)   No minimum lot width for permitted or contingent uses.

   (B)   Minimum lot widths for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.94) (Ord. 1978-4, passed 3-21-1978)

   (A)   All permitted and contingent uses: 25 feet from front lot line or 55 feet from center of street whichever is greater.

   (B)   Minimum front yards for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.95) (Ord. 1978-4, passed 3-21-1978; Ord. 1993-8, passed 11-2-1993)

   (A)   Minimum side yard for all permitted and contingent uses when adjacent to a commercial district: ten feet.

   (B)   Minimum side yard for all permitted and contingent uses when adjacent to a residential district: 15 feet.

   (C)   Minimum side yards for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.96) (Ord. 1978-4, passed 3-21-1978; Ord. 1993-8, passed 11-2-1993)

   (A)   Minimum rear yard for all permitted and contingent uses: 20 feet.

   (B)   Minimum rear yards for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.97) (Ord. 1978-4, passed 3-21-1978; Ord. 1993-8, passed 11-2-1993)

   (A)   All permitted or contingent uses: 100 feet.

   (B)   Maximum heights of buildings for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.98) (Ord. 1978-4, passed 3-21-1978)

   General commercial uses, § 150.130(B) through (I), (K) and (L) of this chapter, shall be conducted within buildings so constructed that no noise of any kind produced therein shall be audible beyond the confines of the building.

(Prior Code, § 150.99) (Ord. 1978-4, passed 3-21-1978)

   A roadside commercial use is one which normally requires drive-in facilities related to a street or highway, and is primarily of a retail or service nature specifically stated but not limited to the following categories of use:

   (A)   Automobile service, including:

      (1)   Filling station;

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

      (3)   Public parking area;

      (4)   Sales room;

      (5)   Open sales lot;

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

      (7)   Automobile and truck repair, entirely within enclosed buildings.

   (B)   Commercial service, including:

      (1)   Bank;

      (2)   Office building; and

      (3)   Postal station.

   (C)   Clothing service, including:

      (1)   Laundry agency;

      (2)   Self-service laundry; and

      (3)   Dry-cleaning establishment using not more than two clothes-cleaning units, neither of which shall have a rated capacity of more than 60 pounds, using cleaning fluid which is non-explosive and non- flammable.

   (D)   Equipment service, including:

      (1)   Radio or television repair shop;

      (2)   Electric appliance repair shop; and

      (3)   Record shop.

   (E)   Food service, including:

      (1)   Grocery;

      (2)   Meat market;

      (3)   Supermarket;

      (4)   Restaurant;

      (5)   Delicatessen;

      (6)   Cold storage lockers;

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

      (8)   Roadside sales stand.

   (F)   Personal service, including:

      (1)   Barber shop;

      (2)   Beauty shop;

      (3)   Reducing salon; and

      (4)   Photographic studio.

   (G)   Retail service, retail stores generally, including:

      (1)   Drugstore;

      (2)   Hardware or paint store;

      (3)   Stationer;

      (4)   News dealer;

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

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

      (7)   Apparel shop;

      (8)   Flower shop;

      (9)   Antique shop;

      (10)   Shoe store;

      (11)   Variety store;

      (12)   Toy store;

      (13)   Jewelry store;

      (14)   Sporting goods store; and

      (15)   Department store.

   (H)   Commercial recreational uses, including:

      (1)   Billiard room;

      (2)   Dancing academy;

      (3)   Tavern or nightclub, only in conformity with requirements of laws or ordinances governing the use;

      (4)   Sporting activities;

      (5)   Indoor theater; and

      (6)   Bowling alley or roller rink, entirely within enclosed buildings.

   (I)   Private club or lodge;

   (J)   Motel/hotel;

   (K)   Other:

      (1)   Veterinary hospital for small animals;

      (2)   Kennel;

      (3)   Radio and television studios;

      (4)   Newspaper publishing; and

      (5)   Motor bus or railroad passenger station.

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

(Prior Code, § 150.100) (Ord. 1978-4, passed 3-21-1978)

   The following uses may be permitted by special exception in accordance with the procedure defined in §§ 150.261 and 150.263 of this chapter:

   (A)   Church or temple;

   (B)   Commercial farm enterprise;

   (C)   Greenhouse, commercial;

   (D)   Hospital;

   (E)   Nursing home;

   (F)   Private school, including kindergarten or day nursery;

   (G)   Public sanitary landfill;

   (H)   Employee parking area;

   (I)   Radio or television transmission tower;

   (J)   Residential development plan;

   (K)   Shopping-center plan;

   (L)   Special school;

   (M)   Stadium or coliseum; and

   (N)   Tourist home.

(Prior Code, § 150.101) (Ord. 1978-4, passed 3-21-1978)

   Except as may otherwise be provided herein, the following contingent uses may be permitted by special exception in accordance with the procedure defined in §§ 150.261 and 150.275 through 150.278 of this chapter:

   (A)   College or university;

   (B)   Mortuary;

   (C)   Municipal or governmental building or use;

   (D)   Power substation or telephone exchange;

   (E)   Professional office in residence;

   (F)   Educational institution;

   (G)   Sewage treatment or disposal plant;

   (H)   Water treatment or distribution plant; and

   (I)   Temporary sign, pertaining to lease, hire or sale of a building or premises.

(Prior Code, § 150.102) (Ord. 1978-4, passed 3-21-1978)

   (A)   No minimum lot area for permitted or contingent uses.

   (B)   Minimum lot areas for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.103) (Ord. 1978-4, passed 3-21-1978)

   (A)   No minimum lot width for permitted or contingent uses.

   (B)   Minimum lot widths for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.104) (Ord. 1978-4, passed 3-21-1978)

   (A)   All permitted and contingent uses: 25 feet from front lot line, or 55 feet from center of street whichever is greater.

   (B)   Minimum front yards for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.105) (Ord. 1978-4, passed 3-21-1978; Ord. 1993-8, passed 11-2-1993)

   (A)   Minimum side yard for all permitted and contingent uses when adjacent to a commercial district: ten feet.

   (B)   Minimum side yard for all permitted and contingent uses when adjacent to a residential district: 15 feet.

   (C)   Minimum side yards for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.106) (Ord. 1978-4, passed 3-21-1978; Ord. 1993-8, passed 11-2-1993)

   (A)   Minimum rear yard for all permitted or contingent uses: 20 feet.

   (B)   Minimum rear yards for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.107) (Ord. 1978-4, passed 3-21-1978; Ord. 1993-8, passed 11-2-1993)

   (A)   All permitted or contingent uses: 35 feet.

   (B)   Maximum heights of buildings for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.108) (Ord. 1978-4, passed 3-21-1978)

   Roadside commercial uses, § 150.150(B) through (I), (K) and (L) of this chapter, shall be conducted within or about buildings so constructed that no noise of any kind produced therein or thereabout shall be audible beyond the confines of the premises.

(Prior Code, § 150.109) (Ord. 1978-4, passed 3-21-1978)

   (A)   No activity involving the storage, utilization or manufacture of materials or products which decompose by detonation shall be permitted unless specifically approved by the City Council, and then only in the I-1 or I-2 Districts. The activity shall be conducted in accordance with the rules promulgated by the State Fire Marshal. The materials shall include, but are not limited to, all primary explosives such as lead azide, lead styphnate, fulminates and tetracene; all high explosives such as TNT, RDX, HMX, PETN and picric acid; propellants and components thereof, such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerin, unstable organic compounds such as acetylides, tetraxoles and ozonides; strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorates, chlorates and hydrogen peroxide in concentrations greater than 35%; and nuclear fuels, fissionable materials and products; and reactor elements such as uranium 235 and Plutonium 239.

   (B)   The restrictions of this section shall not apply to:

      (1)   The activities of site preparation or construction, maintenance, repair, alteration, modification or improvement of buildings, equipment or other improvements on or within the lot line;

      (2)   The operation of motor vehicles or other facilities for the transportation of personnel, materials or products;

      (3)   Conditions beyond the control of the user such as fire, explosion, accidents, failure or breakdown of equipment or facilities or emergencies; and

      (4)   Safety or emergency warning signals or alarms necessary for the protection of life, limb or property.

(Prior Code, § 150.120) (Ord. 1978-4, passed 3-21-1978)

   Sexually oriented businesses, as defined in Chapter 111 of the code of ordinances, are uses which are permitted in an I-1 Industrial District. All other uses within the I-1 Industrial District shall be allowed by special exception only, which includes enclosed industrial uses, open industrial uses, other such uses as the Board shall deem acceptable, however the following additional uses for an otherwise permitted special exception use shall require only a Improvement Location permit in accordance with Chapter 153 of the Decatur City Code of Ordinances of 2015, as supplemented:

   (A)   Fences (wooden, vinyl and chain-link) with front yard setbacks adhering to § 150.174, rear and side yard setbacks located directly on the property lines as represented on the applicant’s updated survey, which is required to obtain improvement location permit within this exception.

   (B)   Storage sheds which have a built-in floor system, are manufactured to sit on top of the earth and do not require any type of foundation or anchoring system. All front yard setback shall meet the requirements of § 150.174. All side yard setbacks shall meet the requirements of § 150.175 and rear yard setbacks shall meet the requirements of § 150.176.

   (C)   Shipping containers used as storage facilities, however semi-trailers and box truck beds for this purpose do not fall within an exception in any zoned district. All front yard setbacks shall meet the requirements of § 150.174. All side yard setbacks shall meet the requirements of § 150.175 and all rear yard setbacks shall meet the requirements of § 150.176.

(Prior Code, §150.121) (Ord. 1978-4, passed 3-21-1978; Ord. 2012-2, passed 4-3-2012; Ord. 2022-11, passed 7-19-2022)

   There shall not be a minimum lot area for uses by special exception.

(Prior Code, § 150.122) (Ord. 1978-4, passed 3-21-1978)

   There shall not be a minimum lot width for uses by special exception.

(Prior Code, § 150.123) (Ord. 1978-4, passed 3-21-1978)

   Minimum front yards for uses by special exception shall be 25 feet from the front lot line or 55 feet from center of street, whichever is greater.

(Prior Code, § 150.124) (Ord. 1993-8, passed 11-2-1993)

   (A)   Minimum side yard for all uses by special exception when adjacent to commercial district: ten feet.

   (B)   Minimum side yard for all uses by special exception when adjacent to residential district:15 feet.

(Prior Code, § 150.125) (Ord. 1993-8, passed 11-2-1993)

   Minimum rear yard for all uses by special exception shall be 20 feet.

(Prior Code, § 150.126) (Ord. 1993-8, passed 11-2-1993)

   Maximum height of buildings for uses by special exception shall be 80 feet for both enclosed and open industrial uses.

(Prior Code, § 150.127) (Ord. 1978-4, passed 3-21-1978)

   (A)   Smoke.

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

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

   (B)   Particulate matter. The rate of emission of particulate matter from an individual process within the boundaries of any lot shall not exceed a figure of 0.06 pounds per 1,000 pounds of effluent gas for enclosed industrial use, nor 0.2 pounds per 1,000 pounds of effluent gas for open industrial use. For enclosed industrial use and open industrial use not more than 50% by weight of particles larger than 44 microns (325 mesh) shall be allowed.

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

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

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

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

   (E)   Glare and heat. No enclosed or open industrial operation, activity or structure shall cause heat or glare in such a manner as to be a public nuisance at or beyond any residence or commercial district boundary.

   (F)   Vibration.

      (1)   Any enclosed or open industrial use creating intense earthshaking vibrations such as are created by a heavy drop forge shall be set back from a residence district boundary at least 250 feet, or at least 150 feet from a commercial district boundary.

      (2)   Earthshaking vibrations at the industrial property line shall not be in violation of this chapter as long as the vibration is not perceptible without the aid of instruments.

   (G)   Noise. At no point 125 feet from the boundary of an I-1 or I-2 District, or any district which permits enclosed industrial use, shall the sound pressure level of any operation or plant (other than background noises produced by sources not under the control of this chapter) exceed the decibel limits in the octave bands designated below:

 

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

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

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

 

   (I)   Water and stream pollution. The disposal of washes discharged into public streams and sewage systems shall meet the requirements of the Stream and Pollution Control Law of the state (Ch. 214, Acts of 1943, as amended).

(Prior Code, § 150.128) (Ord. 1978-4, passed 3-21-1978) Penalty, see § 150.999

   The provision requirements described in § 150.170 of this chapter shall apply to this zone district.

(Prior Code, § 150.130) (Ord. 1978-4, passed 3-21-1978)

   Sexually oriented businesses, as defined in Chapter 111 of the code of ordinances, are uses which are permitted in an I-1 Industrial District. All other uses within the I-2 Industrial Expansion Area District shall be allowed by special exception only, which includes enclosed industrial uses, open industrial uses, other such uses as the Board shall deem acceptable, however the following additional uses for an otherwise permitted special exception use shall require only an improvement location permit in accordance with Chapter 153 of the Decatur City Code of Ordinances of 2015, as supplemented:

   (A)   Fences (wooden, vinyl and chain-link) with front yard setbacks adhering to § 150.174, rear and side yard setbacks located directly on the property lines as represented on the applicant’s updated survey, which is required to obtain improvement location permit within this exception.

   (B)   Storage sheds which have a built-in floor system, are manufactured to sit on top of the earth and do not require any type of foundation or anchoring system. All front yard setback shall meet the requirements of § 150.174. All side yard setbacks shall meet the requirements of § 150.175 and rear yard setbacks shall meet the requirements of § 150.176.

   (C)   Shipping containers used as storage facilities, however semi-trailers and box truck beds for this purpose do not fall within an exception in any zoned district. All front yard setbacks shall meet the requirements of § 150.174. All side yard setbacks shall meet the requirements of § 150.175 and all rear yard setbacks shall meet the requirements of § 150.176.

(Prior Code, §150.131) (Ord. 1978-4, passed 3-21-1978; Ord. 2012-2, passed 4-3-2012; Ord. 2022-11, passed 7-19-2022)

   Minimum lot area for users by special exception shall be approved by the Board.

(Prior Code, § 150.132) (Ord. 1978-4, passed 3-21-1978)

   Minimum lot width for uses by special exception shall be approved by the Board.

(Prior Code, § 150.133) (Ord. 1978-4, passed 3-21-1978)

   Minimum front yards for uses by special exception shall be approved by the Board.

(Prior Code, § 150.134) (Ord. 1978-4, passed 3-21-1978)

   Minimum side yards for uses by special exception shall be approved by the Board.

(Prior Code, § 150.135) (Ord. 1978-4, passed 3-21-1978)

   Minimum rear yards for uses by special exception shall be approved by the Board.

(Prior Code, § 150.136) (Ord. 1978-4, passed 3-21-1978)

   Maximum height of buildings for uses by special exception shall be approved by the Board.

(Prior Code, § 150.130) (Ord. 1978-4, passed 3-21-1978)

   The standards required of enclosed industrial uses in this zone district shall be the same as those described in § 150.178 of this chapter.

(Prior Code, § 150.138) (Ord. 1978-4, passed 3-21-1978)

   (A)   Single-family dwellings;

   (B)   Dwellings for tenants employed on the farm;

   (C)   Public parks and playgrounds and other community recreation uses, libraries and museums;

   (D)   Accessory buildings;

   (E)   Accessory uses, as defined in § 150.178(E) of this chapter;

   (F)   Stands for the retail sale of agricultural products or commodities raised on the premises;

   (G)   Normal farm operations, including all operations necessary to the planting and harvesting of crops and the conduct of agriculture, as defined in this chapter;

   (H)   (1)   Minor livestock operations on tracts of five acres or more with no more than the following numbers of livestock per acre:

         (a)   Twenty finishing hogs;

         (b)   Five sows;

         (c)   Three cows;

         (d)   Forty-five nursery pigs;

         (e)   Five feeder cattle;

         (f)   Six heifers;

         (g)   Three hundred turkeys;

         (h)   Four hundred fifty laying hens; or

         (i)   Seven hundred broilers.

      (2)   Minor livestock operations, hobbies or enterprises on tracts of less than five acres shall not exceed the limits per acre as hereinabove set forth.

   (I)   Intensive livestock operation.

      (1)   An intensive livestock operation shall be defined for purposes of this chapter as a livestock operation or an extension of an existing livestock operation exceeding the per acre limits as set forth in division (H) above, or anyone operation or location regardless of acreage on which are livestock unit numbers exceeding 400 hogs, 200 cattle or 20,000 poultry. If there are more than one kind or species of animals, the number of animals in the operation shall be divided by 400 in the case of hogs, 200 in the case of cattle and 20,000 in the case of poultry, and if the resulting percentages equal or exceed 100, then the operation is an intensive livestock operation as defined herein and, as such, shall be prohibited. No intensive livestock operation shall be permitted, in this or any other district.

      (2)   All facilities located at one site are to be considered as components of one intensive livestock operation.

(Prior Code, § 150.140) (Ord. 1978-4, passed 3-21-1978)

   The following uses may be permitted by special exception in accordance with the procedure defined in §§ 150.261 and 150.263 of this chapter:

   (A)   Airport or heliport;

   (B)   Artificial lake of three or more acres;

   (C)   Cemetery;

   (D)   Church or temple;

   (E)   Greenhouse, commercial; and

   (F)   Public sanitary landfill.

(Prior Code, § 150.141) (Ord. 1978-4, passed 3-21-1978)

   The following contingent uses may be permitted by special exception in accordance with the procedure defined in §§ 150.261 and 150.275 through 150.278 of this chapter:

   (A)   Home occupations;

   (B)   Power substation or telephone exchange;

   (C)   Educational institution;

   (D)   Sewage treatment or disposal plants;

   (E)   Water treatment or distribution plant; and

   (F)   Temporary sign, pertaining to lease, hire or sale of a building or premises.

(Prior Code, § 150.142) (Ord. 1978-4, passed 3-21-1978)

   (A)   Single-family dwellings: 10,000 square feet.

   (B)   All other permitted uses: 20,000 square feet.

   (C)   Minimum lot areas for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.143) (Ord. 1978-4, passed 3-21-1978)

   (A)   Single-family dwellings: 70 feet.

   (B)   All other permitted uses: 120 feet.

   (C)   Minimum lot widths for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.144) (Ord. 1978-4, passed 3-21-1978)

   (A)   Principal buildings: 70 feet.

   (B)   Accessory buildings: 70 feet.

   (C)   Minimum front yards for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.145) (Ord. 1978-4, passed 3-21-1978)

   (A)   Principal buildings: ten feet.

   (B)   Accessory buildings: ten feet.

   (C)   Minimum side yards for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.146) (Ord. 1978-4, passed 3-21-1978)

   (A)   Principal buildings: not less than 25% of the depth of the lot.

   (B)   Accessory buildings: not less than 25% of the depth of the lot.

   (C)   Minimum rear yards for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.147) (Ord. 1978-4, passed 3-21-1978)

   (A)   Principal buildings: 35 feet.

   (B)   Accessory buildings: 70 feet.

   (C)   Maximum heights of buildings for uses by special exception are defined in § 150.263 of this chapter.

(Prior Code, § 150.148) (Ord. 1978-4, passed 3-21-1978)

   (A)   The purpose of the planned unit development option is to encourage flexibility in the development of land in order to promote its most appropriate use, improve design, character and quality, facilitate the adequate and economical provision of streets, roads and utilities, and preserve the natural and scenic features of open areas.

   (B)   If the tract or parcel of land proposed for development is for single-family residential use, then the planned unit development shall not be used as a substitute for or to circumvent Ch. 154 of this code of ordinances.

(Prior Code, § 150.160)

   (A)   Uses permitted by right, contingent uses, and uses by special exception in the zoning district in which the proposed PUD is located.

   (B)   Uses permitted by right, contingent uses and uses by special exception in the RS, R-1, R-2, B-1, B-2, B-3 and I-2 Districts subject to the approval of the Plan Commission and the City Common Council, and the standards contained in this section.

(Prior Code, § 150.161) (Ord. 1978-4, passed 3-21-1978)

   A planned unit development may include variations in lot area, lot width, yard and building height requirements, and off-street parking provisions; provided, the following features exist:

   (A)   The tract or parcel of land involved is either in one ownership or the subject of an application filed jointly by the owners of all property included;

   (B)   The development includes open space for the mutual benefit of the entire tract;

   (C)   The project is designed to provide a variety and diversity of uses, or the tract or parcel of land is of a unique character either in size or location;

   (D)   The project is in harmony with the surrounding neighborhood; and

   (E)   The total density of the planned unit development does not exceed by more than 33% the normal requirements of the zoning district allowing similar uses.

(Prior Code, § 150.162) (Ord. 2001-12, passed 3-20-2001)

   A proposal for a planned unit development shall be submitted consistent with the procedures and requirements of §§ 150.234 and 150.245 of this chapter.

(Prior Code, § 150.163) (Ord. 1978-4, passed 3-21-1978)

   An applicant shall make application for the approval of a planned unit development first by submitting a sketch plan for the planned unit development to the City Plan Commission. The sketch plan shall include both maps and a written statement and shall show enough of the area surrounding the proposed planned unit development to indicate the relationship of the planned unit development to adjacent uses, both existing and proposed.

(Prior Code, § 150.164) (Ord. 1978-4, passed 3-21-1978)

   The Plan Commission shall review the sketch plan, and inform the applicant of any special and additional information which will be required under the preliminary development plan stage. The presentation of the sketch plan should be considered a preapplication conference with the Plan Commission. The Commission shall take formal action on any recommendations to the applicant.

(Prior Code, § 150.165) (Ord. 1978-4, passed 3-21-1978)

   The applicant, after submitting the sketch plan to the Plan Commission and receiving the Commission’s recommendations, shall submit to the Plan Commission the required information for a preliminary development plan. The maps and written documents shall include all information as provided in this chapter.

(Prior Code, § 150.166) (Ord. 1978-4, passed 3-21-1978)

   The maps which shall be a part of the preliminary development plan may be in a general schematic form, but should contain the following minimum information:

   (A)   The existing topographic character of the land;

   (B)   Existing land uses and zoning districts;

   (C)   Proposed land uses and the approximate location of buildings and other structures;

   (D)   The density and type of dwellings to be included in the planned unit development project;

   (E)   An approximate indication of the circulation and parking systems; and

   (F)   Probable locations for common open space, parks and playgrounds.

(Prior Code, § 150.167) (Ord. 1978-4, passed 3-21-1978)

   The written statement to accompany the preliminary development plan should contain the following information:

   (A)   An explanation of the proposed character of the planned unit development and of the manner in which it has been designed;

   (B)   A statement of the present ownership of all the land included within the planned unit development;

   (C)   The expected schedule of completion; and

   (D)   Utility information, especially concerning water supply and distribution and sewage collection and treatment.

(Prior Code, § 150.168) (Ord. 1978-4, passed 3-21-1978)

   (A)   The Plan Commission shall prepare a written report recommending that the plan be approved, disapproved or approved with modifications.

   (B)   In its report, the Plan Commission shall give the reasons for its recommendations and shall indicate the extent to which the planned unit development complies with each of the standards governing the approval of planned unit development.

(Prior Code, § 150.169) (Ord. 1978-4, passed 3-21-1978)

   (A)   The Plan Commission shall forward a summary of the proposed plan, with copies of its report to the City Common Council.

   (B)   After providing notice in accordance with §§ 63, 64 and 37 to 42, inclusive, of Ch. 174 of the Acts of the General Assembly of 1947, the Common Council shall hold a public hearing and shall review the plan and report, and shall either approve or disapprove the plan as presented, or approve the preliminary development plan with modifications.

(Prior Code, § 150.170) (Ord. 1978-4, passed 3-21-1978)

   If the preliminary development is approved, the Common Council shall authorize a notation on the appropriate zone map to indicate that a preliminary development plan has been approved for the area included in the planned unit development. If the preliminary development plan is approved with modification, the Common Council shall not authorize a notation on the zone map until the applicant has filed with the Council a written consent to the plan as modified.

(Prior Code, § 150.171) (Ord. 1978-4, passed 3-21-1978)

   No improvement location permit may be issued by the Building Inspector on land within the proposed planned unit development until final plans for the development have been approved by the Plan Commission under the procedures provided in the following sections.

(Prior Code, § 150.172) (Ord. 1978-4, passed 3-21-1978)

   If the applicant fails to apply for final development plan approval for any reason, the preliminary development plan approval shall be deemed to be revoked, and all that portion of the area in the development plan for which final approval has not been given shall be subject to the zoning and subdivision regulations otherwise applicable thereto.

(Prior Code, § 150.173) (Ord. 1978-4, passed 3-21-1978)

   The applicant shall submit a final development plan to the Plan Commission within 24 months following the approval of the preliminary development plan for the Common Council. Failure to submit the final development plan within this time, or to arrange an extension through the Plan Commission, shall be grounds for reversion as described in § 150.243 of this chapter. If the final development plan includes the filing of a plat, the information required for a final plat, as described in Ch. 154 of this code of ordinances, must be followed.

(Prior Code, § 150.174) (Ord. 1978-4, passed 3-21-1978)

   The final development plan shall include all of the following information:

   (A)   A map showing the circulation system, off-street parking area, loading areas and major points of access;

   (B)   A comprehensive plan for all utility services, including storm drainage;

   (C)   Areas, if any, which are proposed to be conveyed, dedicated or reserved for common open space, parks, parkways, playgrounds, school sites, public buildings and similar public and semipublic uses;

   (D)   A site plan showing the location of all buildings, structures and improvements, and indicating the parking, loading and open areas around buildings and structures. The site plan shall be in sufficient detail to enable the Plan Commission to evaluate the architectural, landscaping and design features of the planned unit development. At its discretion, the Plan Commission may require preliminary elevation and perspective drawings of proposed structures and improvements;

   (E)   A development schedule indicating the approximate date when construction of the total project or stages of the project can be expected to begin and to be completed. This shall include a written statement of how the project improvements shall be financed by the applicant;

   (F)   Agreements, provision or covenants which govern the use, maintenance and continued protection of the planned unit development and any of its common open spaces, including an agreement binding successors who may take over completion of a project to conditions of the final development plan as approved by the Plan Commission;

   (G)   An economic feasibility report or market analysis; and

   (H)   Any other information which the Plan Commission determines to be needed because of any topographic, circulation, traffic, design, siting or other special problem of the proposed planned unit development.

(Prior Code, § 150.175) (Ord. 1978-4, passed 3-21-1978)

   After submittal by the applicant of the final development plan, the Plan Commission shall approve the final development plan if it is in substantial compliance with the preliminary development plan, and if it conforms to all other standards applicable to planned unit developments, whether or not considered when the preliminary development plan was approved.

(Prior Code, § 150.176) (Ord. 1978-4, passed 3-21-1978)

   The Common Council and the Plan Commission may approve the development of the PUD in stages, under the following special procedure.

   (B)   Approval of staged development plans.

      (1)   In addition, prior to issuance of any improvement location permit in any area of the PUD, the applicant shall obtain approval by the Plan Commission and Common Council of a staged development plan for that area of the PUD.

      (2)   Each staged development plan shall be inclusive of the whole area scheduled for development in that stage and shall meet the specifications of §§ 150.245 and 150.246 of this chapter for a final development plan for that area.

(Prior Code, § 150.177) (Ord. 1978-4, passed 3-21-1978)

   (A)   Whenever there shall be in effect a city subdivision control ordinance, the area proposed as a PUD shall be subject to the requirements for review and approval under that ordinance.

   (B)   The subdivision review procedures may be carried out concurrently with preliminary and final staged review of the PUD as outlined in this section.

(Prior Code, § 150.178) (Ord. 1978-4, passed 3-21-1978)

   No planned unit development shall be approved unless the final development plan is found to be consistent with current goals and objectives and the long-range objectives of the city’s master plan and environs.

(Prior Code, § 150.179) (Ord. 1978-4, passed 3-21-1978)

   (A)   Special exceptions are uses publicly operated, those uses traditionally affected with a public interest and those uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property and public facilities. A special exception may be authorized by the Board of Zoning Appeals for certain uses, as defined in this chapter, in conformance with requirements and procedures set forth herein. A special exception is required for uses of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property and public facilities.

   (B)   Except as may otherwise be specifically provided in this chapter, the special exceptions listed in each district, and their accessory buildings and uses, may be permitted by the Board in that district in accordance with the procedure and the requirements set forth in this section.

(Prior Code, § 150.190) (Ord. 1978-4, passed 3-21-1978)

   (A)   Upon receipt of an application for an improvement location permit for a special exception by the Building Inspector, it shall be referred to the Board. A copy of each application shall be referred concurrently to the Commission. The application shall be prepared in the same manner and form as all other applications for improvement location permits. The application shall be accompanied by a written statement showing that the conditions and requirements of Ch. 153 of this code of ordinances have been or will be met, and providing such other information showing that the proposed special exception will be in compliance with all applicable conditions and requirements of this chapter.

   (B)   The Board shall then proceed with a hearing which shall be held within 45 days from the date of filing of the application for a special exception. The Board shall cause notice of the hearing to be published in a newspaper of general circulation in the city at least ten days prior to the date set for the hearing, setting forth the time and place of the hearing and giving due notice to the interested parties in accordance with the rules of the Board.

   (C)   Upon the hearing, if the Board finds that the conditions listed below exist, the Board shall direct the Building Inspector to issue the improvement location permit for the special exception, otherwise the Board shall direct the Building Inspector to reject the application. The findings of the Board and its order to the Building Inspector shall be in writing.

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

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

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

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

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

      (6)   The special exception will be located in a district where such use is permitted and where all other requirements set forth in § 150.263 of this chapter applicable to the special exception will be met.

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

   (E)   Any person to whom is issued an improvement location permit for a special exception who fails to commence construction within 12 months after the permit is issued, who fails, after commencing construction within such period, to carry to completion the total development plan thereof within three years after the construction is begun, or who fails to conform to the provisions of the development plan and supporting data finally approved by the Board and upon the basis of which such improvement location permit was issued, may be required by the Board upon its own motion, and shall be required by the Board upon written petition of any person deeming himself or herself aggrieved, to show cause why the approval should not be withdrawn and the improvement location permit revoked.

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

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

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

   (G)   A residential development plan may be permitted by the Board as a special exception, and subject to compliance with the following requirements and procedure in accordance with this section.

      (1)   The buildings proposed shall be used primarily for single-family or two-family dwellings, apartments or group houses, and the usual accessory uses such as garages, storage spaces and community activities, and only a small commercial area, composed of service stores, may be included.

      (2)   The area of the tract, excluding street area, but including the area to be devoted to parks, parkways and other open spaces, will provide the minimum lot area per family, counting all families to be housed under the residential development plan which is required for the district in which the development is to be located.

(Prior Code, § 150.191) (Ord. 1978-4, passed 3-21-1978)

   A shopping center plan may be permitted by the Board as a special exception, and subject to compliance with the following requirements and procedure in accordance with §§ 150.260 through 150.264 of this chapter.

   (A)   The local commercial uses in §§ 150.110 through 150.119 of this chapter, and also bowling alleys or roller rinks, and department stores, are permitted on the tract of land proposed for a shopping center; provided that, the proposed plan includes at least four separate types of commercial uses as are specifically classified or implied in the local commercial use categories in §§ 150.110 through 150.119 of this chapter; and, provided further that, not more than one of these shall be an automobile service, other than a public parking area, as set forth in §§ 150.110 through 150.119 of this chapter.

   (B)   The tract of land proposed for a shopping center plan shall be of an area of not less than five acres, and the average length of the tract shall be not greater than one and one-half times the average width.

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

      (1)   Traffic study.

         (a)   To include a comparative analysis of present capacity of streets adjacent to the proposed center and potential capacity volumes, taking into consideration the effect the proposed center will have upon engendering additional traffic; and

         (b)   To include a circulation plan for all streets (existing and proposed) which show recommendations for controlling, signalizing, channelizing, storing and warning traffic.

      (2)   Development plan. To include the following additional requirements:

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

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

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

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

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

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

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

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

(Prior Code, § 150.192) (Ord. 1978-4, passed 3-21-1978)

   All uses listed in this section shall be subject to the minimum requirements in the district in which they are allowed; except that, any requirement listed for each use in this section shall be a minimum requirement for that use.

   (A)   Airport.

      (1)   Minimum lot area: 80 acres.

      (2)   Minimum number of parking spaces: one per employee, plus one per three seats in waiting room.

      (3)   A development plan shall be submitted with the application.

      (4)   Minimum building height as required by appropriate federal agency, but not to exceed 70 feet.

   (B)   Heliport.

      (1)   Minimum lot area: one acre.

      (2)   Use to be not closer than 200 feet to a residential use.

      (3)   A fence of four-foot wire mesh shall be erected abutting any residential use.

      (4)   Minimum number of off-street parking spaces: one per employee, plus one per three seats in waiting room.

      (5)   A development plan shall be submitted with the application.

      (6)   Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.

   (C)   Artificial lake of three or more acres.

      (1)   A six-foot wire mesh fence shall be erected where accessible to the public.

      (2)   A development plan shall be submitted with the application.

   (D)   Cemetery.

      (1)   Minimum lot area: 40 acres.

      (2)   A plan of landscape development to be submitted with application.

      (3)   A screen planting at least six feet in height by six feet in width where abutting residential use, which must be tight screen, effective at all times.

      (4)   A development plan is to be submitted with the application.

      (5)   Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.

   (E)   Church or temple.

      (1)   Minimum number of off-street parking spaces: as determined by the Board. The determination shall be based upon the expected number of parking spaces the particular type of use would require to satisfy estimated peak parking load requirements.

      (2)   A development plan is to be submitted with the application.

   (F)   Commercial farm enterprise.

      (1)   Minimum number of off-street parking spaces: as determined by the Board. The determination shall be based upon the expected number of parking spaces the particular type of use would require to satisfy estimated peak parking load requirements.

      (2)   A development plan is to be submitted with the application.

   (G)   Country club or golf course.

      (1)   Minimum lot area: 80 acres.

      (2)   A four-foot wire mesh fence must abut any residential use.

      (3)   Minimum number of off-street parking spaces: 30.

      (4)   A development plan must be submitted with the application.

      (5)   Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.

   (H)   Greenhouse, commercial.

      (1)   Minimum lot area: 25,000 square feet.

      (2)   Minimum front yard: 60 feet.

      (3)   Minimum side yard: 30 feet.

      (4)   Minimum rear yard: 40 feet.

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

      (6)   Minimum number of off-street parking spaces: one per three employees, plus one per 125 square feet of sales area.

   (I)   Hospital.

      (1)   Minimum lot area: five acres.

      (2)   Minimum front yard: 60 feet.

      (3)   Minimum side yard: 30 feet.

      (4)   Minimum rear yard: 40 feet.

      (5)   A plan of landscape development is to be submitted with the application.

      (6)   A screen planting at least six feet in height by six feet in width where abutting residential use, which must be tight screen, effective at all times.

      (7)   Minimum number of off-street parking spaces: one per four beds, plus one per doctor, plus one per three employees, plus one per hospital vehicle.

      (8)   A development plan must be submitted with the application.

      (9)   Maximum height of building: 70 feet.

   (J)   Nursing home.

      (1)   Minimum lot area: 15,000 square feet, but not less than 1,500 square feet per person cared for.

      (2)   Minimum side yard: ten feet.

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

      (4)   A plan of landscape development to be submitted with the application.

      (5)   A screen planting at least six feet in height by six feet in width where abutting residential use, which must be tight screen, effective at all times.

      (6)   Minimum number of off-street parking spaces: one per five patients, plus one per each staff member or supervisor doctor, plus one per each three employees.

      (7)   A development plan to be submitted with the application.

   (K)   Nursing home conversion. Requirements are the same as for nursing homes (division (K) above), except: minimum lot area: 2,500 square feet, but not less than 750 square feet per person cared for.

   (L)   Outdoor commercial enterprise, recrea- tional.

      (1)   Minimum side yards: 40 feet.

      (2)   Minimum rear yard: 40 feet.

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

      (4)   A plan of landscape development to be submitted with the application.

      (5)   A six-foot wire mesh fence must be erected where use is accessible to the public.

      (6)   A screen planting at least six feet in height by six feet in width where abutting residential use, which must be tight screen, effective at all times.

      (7)   Minimum number of off-street parking spaces: one per three employees, plus one per 500 square feet of use area.

      (8)   A development plan must be submitted with the application.

      (9)   Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.

   (M)   Outdoor theater.

      (1)   Minimum front yard, abutting residential: 100 feet; abutting other use: 100 feet.

      (2)   Minimum side yard, abutting residential: 75 feet; abutting other use: 30 feet.

      (3)   Minimum rear yard, abutting residential: 40 feet; abutting other use: 20 feet.

      (4)   A four-foot wire mesh must abut any residential use.

      (5)   A development plan must be submitted with the application.

      (6)   Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.

   (N)   Private recreational development.

      (1)   Minimum side yard: 40 feet.

      (2)   Minimum rear yard: 40 feet.

      (3)   A plan of landscape development is to be submitted with the application.

      (4)   A screen planting at least six feet in height by six feet in width where abutting residential use, which must be tight screen, effective at all times.

      (5)   Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.

   (O)   Private school, including kindergarten or day nursery.

      (1)   Minimum lot area: 10,000 square feet.

      (2)   Minimum side yard: ten feet.

      (3)   A four-foot wire mesh fence around the play area.

      (4)   Minimum number of off-street parking spaces: one per two employees, plus one per five children to be accommodated.

      (5)   A development plan must be submitted with the application.

      (6)   Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.

   (P)   Produce terminal wholesale or truck freight terminal.

      (1)   Minimum lot area: six acres.

      (2)   Minimum front yard, abutting residential: 100 feet; abutting other use: 100 feet.

      (3)   Minimum side yard, abutting residential: 75 feet; abutting other use: 40 feet.

      (4)   Minimum rear yard, abutting residential: 40 feet; abutting other use: 20 feet.

      (5)   A plan of landscape development to be submitted with the application.

      (6)   A six-foot wire mesh fence will be required where there is public accessibility.

      (7)   A screen planting at least six feet in height by six feet in width where abutting residential use, which must be tight screen, effective at all times.

      (8)   Minimum number of off-street parking spaces: one per two employees on largest shift.

      (9)   A development plan must be submitted with the application.

      (10)   Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.

   (Q)   Professional office.

      (1)   Minimum side yard: ten feet.

      (2)   Building setback from the centerline of any interior road: 40 feet.

      (3)   A plan of landscape development to be submitted with the application.

      (4)   A screen planting at least six feet in height by six feet in width where abutting residential use, which must be tight screen, effective at all times.

      (5)   Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.

      (6)   Maximum height of structure: 45 feet.

   (R)   Public camp.

      (1)   Minimum lot area: five acres.

      (2)   Minimum front yard, abutting residential: 100 feet; abutting other use: 100 feet.

      (3)   Minimum side yard, abutting residential: 75 feet; abutting other use: 30 feet.

      (4)   Minimum rear yard, abutting residential: 40 feet; abutting other use: 20 feet.

      (5)   Uses permitted not closer than 200 feet to a residential use.

      (6)   A development plan must be submitted with the application.