(A)

Maximum height regulations. The following maximum height regulations are hereby established:

(1)

No single-family or two-family dwelling shall exceed thirty-five (35) feet nor more than two and one-half (2 ½) stories.

(2)

No building accessory to a dwelling shall exceed twenty-five (25) feet in height nor more than one and one-half (1 ½) story.

(3)

Churches, institutional and government buildings shall not exceed forty (40) feet in height nor more than two and one-half (2 ½) stories.

(4)

All other buildings, not expressly regulated, shall not exceed forty (40) feet in height nor more than two (2) stories.

(B)

Height exceptions. The following exceptions are hereby made to the height regulations established by division (A) of this section:

(1)

The height of a single family or two-family dwelling in a Residential District may be increased by not more than ten (10) feet when the two (2) side yards of not less than eighteen (18) feet each are provided. Such dwellings, however, shall not exceed two (2) stories in height.

(2)

Church towers or spires, chimneys associated with the heating system of a building and private television or radio antennae shall not be within the height regulations established in this section.

(3)

Where not more than twenty-five (25) percent of the lot area is used any other towers, chimneys, cooling towers, elevators, bulkheads, fire towers, monuments, water towers, stacks, stage towers or scenery lofts, tanks, ornamental towers and spires, wireless towers and spires, wireless towers or mechanical or necessary appurtenances may be erected to any height provided that a permit therefore has been granted by the Board of Zoning Appeals after due notice and hearing as provided by this chapter.

(4)

Public utility poles and installations, power lines, attached or detached flagpoles, public water tanks or towers or other public structures, and fences or walls around public grounds shall not be within the height regulations established in this section.

(A)

Building to abut on street or private road. Every principal building shall be located on a lot, as defined in Section 152.004, so that the building or the front yard thereof borders or abuts upon a public street or a private road.

(B)

Recorded plats adopted by reference.

(1)

For the purposes of this division, each and all of the plats, re-plats, subdivisions or resubdivisions of any part or parcel of land lying within the corporate limits of the town and on file with the County Recorder are hereby adopted and made a part of this chapter by reference.

(2)

As used in division (B)(1) of this section only, the term PLATTED shall mean, refer to and define the parcels of land bounded and described as numbered lots in numbered blocks of a duly recorded plat thereof on file as stated above; the term BLOCK shall mean the land fronting on one side of a street between the nearest intersecting streets; and the term INTERIOR LOT shall mean a lot other than a corner lot.

(C)

Area and width classifications. For the purpose of determining the required lot frontage and the required lot area, the land and parcels of land within the corporate limits of the town are hereby classified as follows:

(1)

R-1 Single-family dwelling.

(2)

R-2 Two-family and Multiple-family dwelling.

(D)

Lot area. In furtherance of the purposes for which this chapter was adopted, the use of lots authorized under this chapter shall be subject to the minimum area regulations established herein. It is expressly provided, however, that the enactment of this chapter or the establishment of the minimum requirements shall not in any manner abrogate, revise, amend or repeal any sanitary code or ordinance or part thereof now or hereafter enacted by the town, or any applicable regulation of the state, relating to the location, establishment, maintenance or regulation of facilities for sewerage disposal facilities; and, where a safe water supply or a sanitary and safe sewerage disposal system cannot be established under the minimum area regulations herein established, the regulations expressly enacted or provided for the location, establishment and maintenance of water or sewerage disposal facilities shall take precedence and shall be applicable. For the purposes stated and subject to the conditions mentioned, the following minimum lot area regulations are hereby established:

(1)

Any lot used solely for residential purposes, in accordance with the classification of such lot as hereinbefore determined, shall have a minimum of square feet for each family in residence as follows:

(2)

All other uses authorized under the Residential District Regulations (Section 152.055 et seq.), for which water or sanitary facilities are required and which are not accessory to an authorized use, shall have a minimum lot area in accordance to the classification fixed for the lots in the block where such use is to be situated.

(3)

Any use classified under Section 152.086(F) and (M) and under Section 152.101(G), (H) and (I) shall be located on a lot having a minimum lot area of 7,200 square feet.

(4)

All uses classified under 152.101(J) shall have a minimum lot area of 7,200 square feet, or 3,600 per unit, whichever is greater, subject nevertheless to the other provisions of Section 152.101(J).

(5)

All other uses, not expressly regulated, shall have a minimum lot area of 7,200 square feet.

(6)

The Board of Zoning Appeals shall have power to vary the lot area requirements for uses classified under divisions (D)(5) of this section in order to permit two (2) or more of such classified uses to have mutual water and sewerage disposal facilities. Such variance may be granted only after public notice and hearing and upon an affirmative showing by the applicants that such consolidation may be done without danger to the users of the premises or adjoining premises.

(7)

In computing a lot area, one-half (½) of an abutting alley or place may be included but no part of any street shall be included.

(8)

The minimum lot area herein fixed shall not in any way limit the gross amount of area that may have to be provided in order to comply with all other regulations of this chapter.

(9)

Any lot of record on the effective date of this chapter which is less than seven thousand two hundred (7,200) square feet in area or less than fifty (50) feet in width may be improved with a single family dwelling if all other requirements of this chapter are met.

(E)

Lot frontage. Any lot used in whole or in part for residential use shall have a width and frontage along the public street or private road in the block where such lot is situated, under the classification hereinbefore established, as follows:

(F)

Required square foot area of building. All buildings or structures that are erected, altered or remodeled after the enactment of this chapter shall have a square foot area of floor space in compliance with the following regulations:

(1)

A single family dwelling with a maximum number of bedrooms of two (2) shall have a minimum floor area of eight hundred (800) square feet if one (1) level and one thousand two hundred (1,200) square feet if more than one (1) level. A dwelling with four (4) bedrooms shall have a minimum floor area of one thousand two hundred (1,200) square feet if one (1) level and one thousand five hundred (1,500) square feet if more than one (1) level. For each bedroom above four (4), the dwelling floor area shall be increased by one hundred fifty (150) square feet. The square footage is to be exclusive of the basement, porches, attic, garage, and the like.

(2)

A two-family dwelling shall have the same minimum floor area per dwelling as a single family dwelling.

(3)

A three- or four-family dwelling building shall have a minimum of eight hundred (800) square feet per dwelling unit.

(4)

A five-, six-, seven- or eight-family dwelling building shall have a minimum of six hundred (600) square feet per dwelling unit.

(5)

A nine (9) or more family dwelling building shall have a minimum of five hundred (500) square feet per dwelling unit.

(6)

Special allowances of square foot size shall be granted by the Zoning Board of Appeals to dormitory-type buildings or where units provide limited kitchen facilities, but in no condition shall minimum size be less than three hundred (300) square feet.

(7)

In a Business District, each principal business building shall have a minimum ground floor space, exclusive or porches, basements and accessory buildings, of eight hundred (800) square feet, and where the second floor is occupied for dwelling purposes, such dwelling shall have a minimum of eight hundred (800) square feet of floor space on the second floor.

(8)

In a Light Industrial District, every principal industrial building shall have a minimum ground floor space, exclusive of porches, basements and accessory buildings, of seven hundred (700) square feet, but no part of any industrial building shall be occupied for residential purposes.

(9)

Under no circumstances shall any temporary or other building or part thereof be used or permitted to be used for residential purposes where less than a minimum of eight hundred (800) square feet of ground space is provided.

(10)

In a Business District or Light Industrial District, the Board of Zoning Appeals may, upon proper application, permit two (2) or more authorized uses to be combined in a building which otherwise qualified under the regulations herein established and which provides adequate sanitary facilities for the area of the lot upon which such building is situated.

(Ord. No. 2014-5, § 4.B., 6-2-2015)

(A)

Sanitary code must be complied with. In order to provide for the orderly development of the community and to secure a safe sanitary sewerage disposal system, compliance with recommendations of the Indiana State Board of Health or local code is hereby made a condition precedent to the use or occupancy of any premises regulated by this chapter and to the location of any building permitted under the terms of this chapter.

(B)

Property to have sanitary facilities. No improvement location permit shall be issued under the terms of this chapter until it is affirmatively shown that the establishment of a water supply and sewerage system for the building concerned in such permit is or will be in compliance to the rules and regulations established by the state. No certificate of occupancy shall be issued under the terms of this chapter unless it is affirmatively shown that the premises to be occupied and the authorized use thereof has or will have facilities for water and sewerage disposal in compliance with the regulations of the state.

(A)

Wire fences. All wire fences shall be of smooth wire, except that a business, industrial or public grounds fence may have at its top a guard wire or wires of barbed or pointed or rough wire.

(B)

Height of fences. No fence or wall whether for ornamental, barrier or line purposes and whether constructed or grown shall not exceed forty-eight (48) inches in height is made of wire or seventy-two (72) inches in height if made of solid material on a residential lot nor more than seven (7) feet in height on a business or light industrial lot, but this provision shall not apply to walls used for lateral support nor to fences on or around public ground.

(C)

Maintenance of fences. All walls and other constructed fences shall be constructed and maintained plumb to within a variable of 2 inch[es] for each foot of height. All growing fences shall be kept trimmed so that there is no overhang into any adjoining property, street or alley. No advertising sign shall be attached to or painted upon any fence or wall.

(D)

Storage yard fences. Whenever in a General Business District or Light Industrial District a lot or portion of a lot in excess of a total four hundred (400) square feet is used for the authorized storage, sale or display of materials, supplies, equipment or other articles outside of the principal building, the entire area so used shall be enclosed by a wall or fence of not less than six (6) feet in height, but this requirement shall not relate to lots or portions thereof used for the parking of automobiles for sale, or greenhouses, nurseries or yards in which plant or shrubbery are cultivated, grown or displayed.

(E)

Fence in Local Business District. No fence or wall in a Local Business District shall extend into the required front yard.

(F)

Parkways. The care and use of the parkway area between the street lot line and the traveled portion of the street shall be vested in the owner or occupant of the lot adjoining so long as such parkway is not required for public purposes. Such parkways shall be kept free and clear of fences, barriers, obstructions, signs or other installations excepting:

(1)

Public utility and governmental installations, sidewalks, driveways, curbs, gutters, and parking spaces.

(2)

Lawns and landscaping which does not form a barrier or an obstruction of vision.

(3)

The attachments authorized under Section 152.102(F).

(4)

The overhanging of authorized signs at a minimum height of ten (10) feet above sidewalk grade and supported wholly from within the lot lines.

(5)

In a Residential District only, the planting of hardwood trees spaced at least twenty (20) feet apart.

(A)

Residential District signs. All signs authorized in a Residential District pursuant to Section 152.056 shall be permitted in all other districts established under this chapter.

(B)

Local Business District signs. In a Local Business District, signs may be established as follows:

(1)

Such sign may be attached to the building at any point below the roof line.

(2)

Such sign may be painted upon the building.

(3)

A detached sign not exceeding twenty-four (24) square feet may be erected or established on the business lot, but no such sign shall extend into or shall be permitted within the required front yard.

(C)

General Business District and Light Industrial District signs. In a General Business District or a Light Industrial District, signs may be established as follows:

(1)

Such sign may be attached to or painted upon the principal building, and if attached to the roof, such sign as attached shall not extend higher than the height regulation established for the district in which the same is situated.

(2)

A detached sign on the same lot as the principal building shall be permitted.

(3)

A sign attached to the principal building or supported wholly from within the lot line may extend beyond the street lot line a maximum of ten (10) feet and no less than ten (10) feet in height above the sidewalk grade.

(D)

Billboards. In a General Business District or Light Industrial District, the Board of Zoning Appeals is hereby expressly authorized, upon proper application, to grant a certificate of occupancy for a general billboard or advertising sign on a lot not otherwise occupied or used, but such billboard or advertising sign shall be set back from the street lot line at least twenty-five (25) feet, shall have an open clearance of at least one hundred (100) feet of the center of any street intersection. Any certificate of occupancy granted by the Board under this division shall be limited in time not to exceed one (1) year and shall be renewable, at the discretion of the Board, from time to time, and for the issuance of each certificate of occupancy and every renewal thereof, a fee shall be paid by the applicant in the amount of twenty-five dollars ($25.00).

(A)

The uses established in division (B) of this section shall be permissible only with a variance, in all districts, in addition to any other use, or uses limited, or regulated by the express regulations of each and all districts.

(B)

The following uses shall be allowed in all districts only with a variance:

(1)

Any use that is a nuisance per se.

(2)

Any use that is or may become a nuisance or noxious or offensive by reason of noise, vibrations, dust, spray, odor, fumes or smoke escaping beyond the premises.

(3)

Any use from which the sanitary and other liquid wastes cannot be confined and disposed of upon the premises without danger to health of safety.

(4)

Any industry normally classified as a heavy industry.

(5)

Storage above the ground in more than fifty (50) gallon quantity of fuel oil, gasoline or volatile oils.

(6)

Trailer court.

(7)

Basement homes.

(8)

Temporary building shelter or tent, whether fixed or movable, used for dwelling or other purposes unless a permit therefore has been issued by the Board of Zoning Appeals.

(9)

Boarding houses.

(10)

Outdoor theater.

(11)

Manufacture, processing or storage in quantity of acid, ammonia, matches, pyroxlin, fireworks, celluloid, paint, explosives, or other explosive, flammable or corrosive products or material.

(12)

Manufacture of processing asphalt, creosote, tar or tar products, fertilizer, glue, glue size or gelatin, lamp black, candles, oiled goods, or linoleum, paper pulp, petroleum products, potash, washing soda, printing ink, tobacco, vinegar, sauerkraut or pickle products.

(13)

Slaughter house, packing house, wholesale or retail raising, storing or dressing of live poultry.

(14)

Bag cleaning.

(15)

Flour mill.

(16)

Cement, lime, gypsum or plaster of Paris manufacture.

(17)

Boiler works.

(18)

Blast furnace.

(19)

Brick, tile or terra cotta manufacture.

(20)

Coke oven.

(21)

Dextrine, glucose or starch manufacture.

(22)

Distillery or brewery.

(23)

Incineration, reduction or dumping of garbage, dead animals, offal or refuse.

(24)

Stockyards on the premises growing, grazing and feeding of farm livestock.

(25)

Truck storage and truck terminals.

(26)

Storage of scrap paper, iron, bottles, rags, junk or scrapped automobiles not as a by-product of and directly associated with a principal and authorized use.

(27)

Wrecking or dismantling of vehicles, other equipment of products.

(28)

Refinery or smelting works.

(29)

Any use which allows nude exhibition, or depictions of nudity in any form, or which offends the standards of the community.

(30)

All other uses which, in the opinion of the Board of Zoning Appeals, are not in keeping or harmony with the provisions and purposes of this chapter.

(A)

General off-street parking requirements. In all districts where property is devoted to an authorized use, and as part of such authority, the use of an off-street parking space shall be provided for automobiles at such use.

(1)

The required off-street parking space shall be in dimension and for a quantity as required by this chapter.

(2)

In a Residential District, where a front yard is required, such open area between the building and front property line shall not be used as or devoted to an off-street parking area unless such parking area is graded and surfaced with Gravel, Asphalt or Concrete except for nonrecurring special events for no more than forty-eight (48) hours or for weather events, such as snow emergencies. In all other districts, where a front yard is required, such open area between the building and front property line shall not be used as or devoted to an off-street parking area.

(3)

In computing the area necessary for any off-street parking, a minimum space of one hundred eighty (180) square feet shall be provided for each parking space required. This minimum space shall be exclusive of areas used as aisles, driveways and other means of access to the parking space.

(4)

Each area devoted to off-street parking purposes shall have an open means of ingress and egress with a public street or way.

(5)

In a Residential District, the required off-street parking area for a dwelling shall be on the same lot as the principal use. The off-street parking area for all other uses in any district shall be on the same lot as the principal use whenever reasonably possible.

(6)

Except for dwellings, where off-street parking cannot be reasonably provided on the same lot as the principal use, the required off-street parking may be provided on other off-street, privately owned property within three hundred (300) feet; provided, such other property carries the same or lesser classification as the property upon which the principal use is located. A certificate of occupancy shall be required to locate off-street parking on other property away from the principal use. Such other property, once dedicated as a parking area for another use location, shall be deemed to be compliance with this chapter but thereafter such use of the other property shall not be changed, reduced or encroached upon in anyway without an affirmative showing that the same is no longer necessary in whole or part as an off-street parking area for the principal use to which it was originally dedicated.

(7)

In computing the parking space required for buildings occupied by or designed for more than one (1) use, the parking requirement for each must be provided.

(8)

Off-street parking areas for all uses shall be graded and surfaced with some form of gravel, asphalt, or concrete subject to the division (A)(9) of this section.

(9)

The surface of the ground over a tile field or other sanitary installation may be used for an off-street parking area, but in no instance shall such area over a tile field or other sanitary installation be pave with concrete, asphalt or other solid surface.

(B)

Minimum parking spaces or area required. A minimum of parking spaces or a minimum of parking area shall be provided and maintained off-street for respective new construction uses as follows:

(1)

Dwellings—One (1) space for each family dwelling.

(2)

Schools—Two (2) spaces for each classroom at elementary schools and five (5) spaces for each classroom at high schools.

(3)

Home occupations—Two (2) spaces additional.

(4)

Automobile service stations—A minimum of two (2) spaces, and where greasing, repairs or washing is done on the premises, an additional two spaces for each established gasoline pump.

(5)

Furniture stores, appliance stores, auto or similar sales rooms—One (1) space for each two (2) employees (including both proprietor and employees) and an additional space for each four hundred (400) square feet of floor area occupied.

(6)

Retail stores and shops—One (1) space for each two (2) employees and an additional space for each two hundred (200) square feet of floor space.

(7)

Professional business offices and personal service shops or establishments—One (1) space for each employee and an additional space for each one hundred (100) square feet of floor space occupied.

(8)

Restaurant, tea-room, taverns and other similar establishments—One (1) space for each two (2) employees and an additional space for each two (2) units of seating capacity.

(9)

Churches, community buildings, theaters, clubs, lodges, auditoriums, gymnasiums and other similar places of assembly—One (1) space for each three (3) units of seating capacity.

(10)

Undertaking establishments—Parking area equal to three (3) times the gross ground floor area of the establishment.

(11)

Industrial establishments—One (1) space for each for each two (2) office employees and one (1) space for each three (3) other employees.

(12)

Where no express provision for parking spaces or area has been herein made, the Building Commissioner or the Board of Zoning Appeals shall fix an off-street parking requirement consistent with the requirements and regulations of this section, but at least one (1) space shall be provided for each two (2) employees, with a minimum of at least two (2) spaces.

(C)

Loading dock regulations. All business or industrial operations shall provide and maintain a loading dock as follows:

(1)

Any business use that receives or makes regular shipments of its merchandise or commodity requiring a loading or unloading time or more than five (5) minutes or which has arrangements for the local delivery of its merchandise or commodity shall provide and maintain a loading dock as herein required.

(2)

Such loading dock shall not be situated at or on the front of the principal building.

(3)

Such loading dock shall be wholly off-street and shall provide a loading and unloading area on the premises of sufficient size to accommodate wholly upon the premises all vehicles which will be receiving or making deliveries at such dock.

(4)

In no case shall such dock be so situated that the loading and unloading area will extend into any required front yard or that any vehicle using the dock shall extend into or stand upon any required front yard, street, alley or other public way.

(5)

Where, because of small or infrequent deliveries or shipments, the establishment of a loading dock would work an unnecessary hardship, the Board of Zoning Appeals may grant an certificate of occupancy waiving the loading and unloading requirements herein established; provided, however, that such waiver shall terminate with the occupancy to which it was granted or may be withdrawn by the Board if such occupancy increases its use to an extent where the enforcement of the loading and unloading regulations is deemed necessary.

(Ord. No. 2018-0702A, 7-2-2018; Ord. No. 2020-0817A, 8-17-2020)

Any building or use lawfully existing at the time of the enactment of this chapter which does not conform with the terms hereof or which may become nonconforming because of a subsequent amendment to this chapter may be continued subject to the following regulations:

(A)

Any building under construction may be completed in accordance with the original plans and specifications thereof.

(B)

No building or use containing a nonconforming use shall hereafter be extended unless such extension shall conform with the provisions of this chapter for the district in which the same is located.

(C)

Where no structural alterations are made to any building containing a nonconforming use, such use may be changed to one of a similar or higher classification, but no building in which a nonconforming use has been changed to a more restricted use shall again be devoted to a less restricted use.

(D)

Structural alteration of a building or structure which does not conform to the provisions of this chapter may be made where such alteration is for the purpose of having such building conform to the requirements of the district in which it is located.

(E)

Any nonconforming building which is damaged by fire of other cause to an extent of less than ninety (90) percent of its market value may be repaired or restored to its original condition and use within one (1) year from the date of such damage, but if such building is so damaged to an extent greater than ninety (90) percent of its market value, than such building shall not be repaired or restored except in conformity with the provisions of this chapter.

(F)

No nonconforming use may be reestablished where such nonconforming use has been discontinued.

No building designed principally as a residence shall be remodeled or altered or converted into or used as a business or industrial building and no building or premises used in whole or part for industrial use shall be used or occupied for residence purposes.

As a condition precedent to the issuance of an improvement location permit for a building or for a certificate of occupancy for a use without a principal building, a concrete or other solid surface sidewalk along the street lot line or lines may be required of a width and thickness of other sidewalks already established in the vicinity and, if such condition is temporarily waived, the owner, occupant or other person liable shall cause the specified sidewalk to be established within ninety (90) days of notice from the Building Commissioner.

(A)

Obstructions to vision. No fence, wall, sign, shrubbery or other matter shall be permitted, constructed, allowed or maintained upon any lot or in any parkway which obstructs or will obstruct vision from one (1) street to an intersecting street at an approach of thirty (30) feet to the nearest intersecting street line, but this shall not prohibit construction which is otherwise authorized.

(B)

Removal of existing obstructions. Any sign or support for a sign existing in the parkway between the street lot line and the traveled portion of the street and any other unauthorized obstruction shall be removed and eliminated or relocated within six (6) months from the effective date of this chapter.