(Ord. 99-14, passed 12-20-99; Am. Ord. 16-2003, passed 11-17-03) Penalty, see § 154.19

 

 

   *   Refer to § 154.29 to determine the required process for approval of development applications and § 154.33 for additional use, height and area regulations.

   **   Must conform to the provisions of § 154.33 for accessory buildings and uses.

   ***   New multi-family dwellings shall pay a parks and recreation fee to the City Parks and Recreation Department. Developments of 25 units and larger shall install an appropriately sized play area, in addition to the fee.

 

      (1)   Accessory buildings and uses shall maintain a side yard setback equal to the above referenced side yard requirements and shall be no closer to a rear lot line than five feet.

      (2)   Side and rear yard setbacks shall be increased by 50% for developments of more than four units.

      (3)   900 sq. ft. per unit for 2-3 bedroom units (60% of development minimum). 700 sq. ft. per unit for 1-bedroom units (20% of development minimum). 500 sq. ft. per unit for studio units (20% of development maximum).

   (D)   Refer to § 154.39 for applicable requirements.

(Ord. 99-14, passed 12-20-99; Am. Ord. 10-2001, passed 10-15-01; Am. Ord. 16-2003, passed 11-17-03)

 

 

   *   Refer to § 154.29 to determine the required process for approval of development or building permit applications and § 154.38.

   **   Must conform to the provisions of § 154.33.

         (a)   There is no minimum lot size or width requirement for the “B” and “LB” Districts. Building coverage, in the “B” District, shall not exceed 30% of the lot area, excluding any portion of the lot within public rights-of-way, and provided further that all yard and parking requirements are met.

         (b)   In the “LB” District, there is no maximum lot coverage. However, all applicable yard and parking requirements must be met, and the size and scale of new buildings must be compatible with existing buildings in the same block.

            1.   In the “B” District, there shall be a front yard of no less than 30 feet from the street right-of-way line and applying to both streets for lots with double frontage and corner lots. This minimum requirement applies to buildings only and does not apply to parking.

            2.   In the “LB” District, the front yard shall be consistent with the existing setbacks in the same block, but shall not be less than the average of the setbacks on either side of the subject parcel.

            1.   In the “B” District, no side yard is required except on a side adjoining a residence district, in which case the side yard shall be no less than 50 feet and applying to both buildings and parking.

            2.   In the “LB” District, there is no side yard setback, except when adjoining a residence district, in which case, the provision of § 154.38(D) shall apply.

            1.   In the “B” District, the rear yard requirement is the same as that required for the side yard.

            2.   In the “LB” District, the rear yard requirement is the same as the side yard requirement.

         (a)   In the “B” District, no building shall exceed three stories or 45 feet, except as provided in § 154.38.

         (b)   In the “LB” District, no building shall exceed three stories or 45 feet, and the height of a new building must be compatible with that of existing buildings in the same block and across the street.

      (1)   All mobile food vendors shall comply with all applicable rules and regulations pertaining to food establishments set forth by the regulatory authority of the Indiana Department of Health, local county and city agencies and will be held in compliance by this body.

      (2)   Mobil food vendors shall apply for a city business license after first obtaining an Indiana Department of Health Permit and a Indiana State Vendor's License.

      (3)   Mobile food vendors must renew their business license every calendar year.

      (4)   Mobile food vendors must have proof of sales tax and use permits.

      (5)   Mobile food vendors must post their permit in the window or display the permit prominently on the vehicle.

      (6)   This permit shall be visible to inspectors. Mobile food vendors must also display all other department permits and/or licenses as requested by the regulatory authority.

      (7)   Mobile food vendors must provide menu, photo of vending unit, and proposed days of use as part of the business license application.

      (8)   Mobile food vendors must have a fixed-base central preparation facility or a notarized statement from the owner of a central preparation facility stating the MFV uses the facility as its base of operation. All central preparation facilities must be approved by the Indiana Department of Health.

      (9)   Mobile food vendors shall not dispense any food or drink or be parked within the right-of-way of any public streets in the city or in any city-owned property without written consent from the city.

      (10)   Mobile food vendors shall operate any day between the hours of 8:00 a.m. and 8:00 p.m. or at any other times authorized by the city.

      (11)   Mobile food vendors shall be designated to conduct business in districts zoned Levee Business "LB" and must have written permission from the property owner.

      (12)   Mobile food vendors may conduct business in parking spaces. Vendors shall use up to two spaces for no longer than four hours during designated operation hours.

      (13)   If at one location, for than more than 24 hours mobile food vendors must show proof of permission from a business within 150 feet for employees to have use of restrooms or other facilities, as approved by the health authority during hours of operation.

      (14)   Mobile food vendors must supply, in a prominent location, trash containers sufficient in size to collect all waste generated by customers and staff of the mobile vending operation. All trash and debris generated by customers and staff shall be collected by the mobile vendor and deposited in their trash container and removed from the site by the mobile vendor.

      (15)   Mobile food vendors shall not use stakes, rods, or any method of support that is required to be drilled, driven, or otherwise "fixed", to or onto asphalt pavement, curbs, sidewalks, or buildings.

      (16)   Mobile food vendors shall not provide or allow any dining area, including but not limited to tables, chairs, booths, bar stools, benches, and stand-up counters, unless a proposal for such seating arrangement is submitted with the permit application and approved.

      (17)   Mobile food vendors shall not impede access to the entrance to the driveway of any adjacent building.

      (18)   Mobile food vendors shall not obstruct site distance for drivers.

      (19)   Mobile food vendors are prohibited from using PA systems, bells, chimes or music.

      (20)   Mobile food vendors shall be further instructed by the licensing and the operating rules set forth by the Planning and Zoning of the city.

      (21)   Mobile food vendors are not required to have restroom facilities, or provide hand washing facilities for the public.

      (22)   If propane or natural gas is to be used on the mobile food vehicle, proof of insurance (minimum coverage limit $350,000 per occurrence) must be submitted to the city's Safety Coordinator.

      (23)   The city may limit the overall number of mobile food vendor licenses that it will issue. Also, no more than 10% of the total number of such licenses allowed may be issued to any one person, agency, or organization.

      (25)   Mobile food vehicles are prohibited from parking within 20 feet from a cross walk; within 20 feet of a stop sign or stop light; and adjacent to a protected bicycle lane.

      (26)   Mobile food vehicles may park on private property subject to the following conditions:

         (a)   The vehicle operator has a valid lease with the property owner; and

         (b)   Locating the vehicle at the site is in compliance with the provisions of the Zoning Code.

      (27)   No mobile food vehicle and/or push cart shall make or solicit any sales to occupants of vehicles or engage in any activities which impede vehicular traffic.

      (28)   Any power required for the mobile food vehicle located on a public way shall be self-contained. The mobile food vehicle shall not draw its power from the public rights-of-way, unless authorized and approved by the city. No power or cable equipment shall be extended at grade or overhead across any public street, alley, or sidewalk.

      (29)   The proposed mobile food vehicle vending activity shall comply with all applicable laws including but not limited to the Americans with Disabilities Act.

      (30)   Any mobile food vehicle being operated without a valid permit issued by the city shall be deemed a public safety hazard and may be ticketed and impounded.

      (31)   The City Council shall, in the best interest of the city, maintain the authority to regulate uses of the public rights-of-way, and reduce the size and/or location of a food zone.

      (32)   Permits are only eligible to applicants that are supporting a city facility, function or event.

      (33)   If a mobile food vehicle is set up on a street or sidewalk, said MFV shall first obtain a street and sidewalk excavation and obstruction permit and post a bond in the amount of $2,500 to ensure proper restoration if any damage has occurred.

      (34)   A mobile food vehicle is exempt from obtaining permits if it is set up to support a city authorized community function or event and is covered under the issued Indiana State Assembly and Entertainment Permit.

      (35)   Signage shall be addressed separately.

(Ord. 99-14, passed 12-20-99; Am. Ord. 16-2003, passed 11-17-03; Am. Ord. 7-2019, passed 5-20-19) Penalty, see § 154.19

   (A)   Regulations. The regulations set forth in this section, or set forth elsewhere in this chapter when referred to in this section, are the district regulations for the “MS” District. For additional supplemental use, height, and area regulations refer to § 154.38.

      (1)   Hospital.

      (2)   Medical and dental offices.

      (3)   Residential dwellings as permitted in the R-1 District.

      (1)   When the primary use is a hospital, any use or uses that are customarily incidental to a hospital.

      (2)   When the primary use is a medical or dental office, any use that is customarily incidental to such a principal use.

      (3)   When the primary use is residential, those accessory uses as provided in the R-1 District.

         (a)   For hospitals, the minimum lot size is three acres.

         (b)   For medical and dental offices, there is no minimum lot size.

         (c)   For residential uses, the requirements are the same as in the “R-1" District.

         (a)   For hospitals, all structures, parking areas and accessory buildings shall be no less than 50 feet from any adjoining residential property line and 30 feet from a public street right-of-way. If facilities are to be illuminated for night use, those facilities are to be no less than 75 feet from any adjoining residential property line and the lighting fixture designed, located and installed to avoid glare onto the adjoining residential property.

         (b)   For medical and dental offices, the yard requirements are the same as in the “B” District.

         (c)   For residential areas, the yard requirements are the same as in the “R-1" District.

         (a)   For hospitals, the maximum height of any building or structure shall be three stories or 45 feet except as provided in § 154.38.

         (b)   For medical and dental offices, the maximum height is the same as in the “B” District.

         (c)   For residential uses, the maximum height is the same as in the “R- 1" District.

(Ord. 99-14, passed 12-20-99; Am. Ord. 16-2003, passed 11-17-03) Penalty, see § 154.19

   (A)   Regulations. The regulations set forth in this section, or set forth elsewhere in this chapter when referred to in this section, are the district regulations for the “E” District. For additional supplemental use, height, and area regulations refer to § 154.38.

      (1)   Public elementary, junior and high schools.

      (2)   More than one principal structure is permitted in this district.

      (1)   Playgrounds.

      (2)   Running tracks and athletic fields.

      (3)   Buildings housing mechanical equipment.

      (4)   Other accessory uses customarily incidental to the operation of a school.

         (a)   All structures, parking areas and active recreational/athletic uses shall be no less than 30 feet from any adjoining residential property line or public street right-of-way.

         (b)   If facilities are to be illuminated for night use, those facilities are to be no less than 75 feet from the adjoining residential property line and the lighting fixture designed, located and installed to avoid glare onto the adjoining residential property.

   (F)   Signage requirements are the same as specified in § 154.40(E).

(Ord. 99-14, passed 12-20-99; Am. Ord. 16-2003, passed 11-17-03) Penalty, see § 154.19

   (A)   Regulations. The regulations set forth in this section, or set forth elsewhere in this chapter when referred to in this section, are the district regulations for the “GM” District. For additional supplemental use, height, and area regulations refer to § 154.38.

      (1)   Manufacturing.

      (2)   Animal hospital/veterinary clinic.

      (3)   Wholesale businesses.

      (4)   Warehousing.

      (5)   Track terminals.

      (6)   Laboratories.

      (7)   Building material/lumber goods.

      (8)   Bars, night clubs, bookstores and the like that have or include any activity, reading or visual material that can be considered adult material or entertainment, in nature, and providing further they adhere to specific regulations as stated elsewhere in this section.

      (9)   More than one principal structure is permitted in this district.

      (1)   Animal hospital/veterinary clinic and wholesale businesses shall be separated from any residence district by no less than 100 feet.

      (2)   Warehousing, truck terminals, building material/lumber yards and laboratories shall be separated from any residence district by no less than 200 feet.

      (3)   Manufacturing, when involving nonflammable or nonvolatile materials, shall be separated from any residence district by no less than 200 feet. If involving flammable or volatile materials, it shall be separated by no less than 500 feet or as determined by the Fire Department.

         (a)   No adult entertainment facility shall be established within 1,000 feet of any area zoned for residential use.

         (b)   No adult entertainment facility shall be established within 1,000 feet of any school, library or teaching facility, whether public or private, governmental or commercial, if attended by persons under 18 years old.

         (c)   No adult entertainment facility shall be established within a radius of 1,000 feet from any church, synagogue, or permanently established place of religious services attended by persons under 18 years of age.

         (d)   All building openings, entries, windows, and the like for adult entertainment facilities shall be located or covered in such a manner as to prevent a view into the interior from any public area, sidewalk or street.

         (e)   No screens, loudspeakers, or sound equipment shall be used for any adult drive-in theater or adult motion picture theater that can be seen or discerned by the public from any public area, street or sidewalk.

(Ord. 99-14, passed 12-20-99; Am. Ord. 16-2003, passed 11-17-03) Penalty, see § 154.19

      (1)   Permitted uses in the “B” and “GM” Districts, except § 154.26(B)(8).

      (2)   More than one principal structure is permitted in this district.

(Ord. 99-14, passed 12-20-99; Am. Ord. 16-2003, passed 11-17-03) Penalty, see § 154.19

   (A)   Regulations. The regulations set forth is this section, or set forth elsewhere in this chapter when referred to in this section, are the district regulations for the “PR” District. For additional supplemental use, height, and area regulations refer to § 154.38.

      (1)   Pool.

      (2)   Playgrounds.

      (3)   Athletic fields.

      (4)   Concession stands.

      (5)   Restroom.

      (6)   Maintenance/storage buildings.

      (7)   Other uses customarily incidental to the operation of a park.

      (1)   All structures, parking areas and active recreational/athletic uses shall be no less than 50 feet from any adjoining residential property line and public street right-of-way.

      (2)   If facilities are to be illuminated for night use, those facilities are to be no less than 75 feet from the adjoining residential property line and the lighting fixtures designed, located and installed to avoid glare onto the adjoining residential property.

      (3)   Refer to § 154.39 Landscaping; Buffering; Screening, for applicable requirements.

(Ord. 99-14, passed 12-20-99; Am. Ord. 16-2003, passed 11-17-03) Penalty, see § 154.19

      (1)   Site plan review requires the review and determination by the Plan Commission of certain development proposals.

      (2)   The following table sets forth the types of development that are to be reviewed by the designated staff and those types requiring review by the Plan Commission.

 

 

      (3)   In order to expedite the review of all applications and to inform the city of a development proposal in preparation, one or more preapplication conferences between the applicant and designated staff is required (unless specifically waived by star) to informally discuss the application requirements, procedures and details of the proposed development. Formal application or filing of a site plan is not required for a conference. A preliminary site plan is recommended for discussion purposes.

PROJECT NAME          _____________________________________________________________

PROJECT LOCATION        _____________________________________________________________

ILP/VARIANCE/GE&F #      ____________________

DATE OF PLANS          ____________________

      (1)   Any area map showing the relationship of the site to existing development in the area, adjoining zoning districts, streets, residential and commercial development, and physical features of the land within 200 feet of the site shall be shown. This includes the F.E.M.A. Flood Insurance Rate Map and Flood Boundary and Floodway Map information.

      (2)   Names and mailing addresses of all property owners within 200 feet of the site.

      (3)   Names and mailing addresses of the owner or owners of the site and the nature of the developer’s interest if the developer is not the owner.

      (4)   The size of the site including it’s legal description (metes and bounds) and a current certified survey showing existing contours (to be determined at preapplication conference).

      (5)   A site plan, drawn to scale, showing building locations, drives, parking areas, utility line locations, proposed contours (to be determined at preapplication conference) and dimensioned setbacks.

      (6)   The intensity of land use(s) indicated by acreage or square footage and percentages thereof for the following:

         (a)   Building coverage;

         (b)   Drives, walkways, and parking areas (all non-building impervious surfaces); and

         (c)   Open space.

      (7)   The use and height of all buildings and other proposed structures.

      (8)   The form of ownership of the proposed development.

      (9)   The provisions for open space, landscaping and buffering requirements.

      (10)   Storm water management plan, including water quality control and soil erosion control is required. This includes both, construction and post construction details. This plan shall also include a detailed, sequential restoration plan.

      (11)   If applicable, the provisions for compliance with all Subdivision Code requirements.

      (12)   A traffic impact analysis that includes average daily and peak hour estimates and proposed public right-of-way improvements.

      (13)   Drawings of proposed buildings, scale cross-sectional drawings showing proposed buildings and those on adjacent parcels and distances between them, representative floor plans indicating uses thereof, and exterior materials and colors that are being contemplated.

      (14)   In the case of plans which call for development over a period of years, a schedule showing the proposed timing of development phases and when building permit applications will be filed.

      (15)   Any additional information or drawings that the city or applicant believes is pertinent and will assist in clarifying the application, such as lighting plans, dumpster locations and preliminary sign program.

      (16)    Engineer’s statement that storm water velocities leaving the project property (after improvements) do not exceed existing velocities during a 25 year storm event. This must be stamped and signed off by a licensed engineer.

      (17)    Signage permit to be handled separate from this review.

      (18)    Cross-section plans showing cuts and fills. (Contour intervals to be determined at the pre-application conference.)

      (19)    Excavating quantities showing volumes of cuts and fills in cubic yard units. (Grading, Excavating and Fills Permit.)

      (20)    Geotechnical engineering report and recommendations. (To be determined at pre-application conference.)

      (21)    Erosion and sediment control plan and permit. (To be determined at pre-application conference.)

      (22)    I.N.D.O.T. Permit.

      (23)    D.N.R. Permit for Construction in a Floodway.

      (24)    Certified “As-built” Survey required before Occupancy Certificate can be issued.

      (25)    All parking, hard surface and/or areas of concern shall have an appropriately designed oil separator incorporated into the on site storm system.

      (1)   Insignificant changes from an approved site plan review are permissible and the designated staff may grant such changes provided such change has no discernible impact on neighboring properties, the general public or those intended to occupy or use the proposed development. Such changes will not require reapplying nor additional fees. The staff may elect to submit the requested changes to the Plan Commission.

      (2)   All other requests for changes will be processed as a new application.

      (3)   A developer and/or property owner requesting changes shall submit to the designated staff a written request itemizing the proposed changes.

      (1)   Site plan review and any approvals granted thereunder are not variances. Deviation from the provisions of this chapter cannot be granted by conducting a site plan review.

      (2)   Where applications for site plan review indicate that actions proposed therein or the manner in which they are proposed to be conducted do not meet the standards and requirements of this chapter and could not practically and reasonably be made to do so by the attachment of reasonable conditions and safeguards, such applications shall be denied.

      (1)   Written notice, by certified mail, shall be sent to all property owners within 200 feet of the subject parcel(s), no less than ten days prior to the meeting date of the Plan Commission wherein the application will be reviewed. If the matter is continued to additional meetings, written notice may be sent to the same property owners at the discretion of the Plan Commission. Such notice shall state the date, time, place, and purpose of the meeting.

      (2)   Legal notice for the Plan Commission meeting shall be given by one publication in a newspaper of general circulation in the city at least ten days before the date of such hearing and state the same information as that required in the written notice and shall otherwise comply with I.C. 5-3-1.

(Ord. 99-14, passed 12-20-99; Am. Ord. 16-2003, passed 11-17-03) Penalty, see § 154.19

      (2)   It is the intent of the PUD District to provide land use and design regulations through the use of individual performance criteria, wherein review and approval of a development plan is required by the Plan Commission to ensure that all proposed development will be compatible with surrounding property and that there will be adequate infrastructure to serve the development, so that small-to-large scale neighborhoods, or portions thereof, may be developed with a combination or variety of residential and nonresidential uses, which are planned and developed as a unit.

      (3)   This section specifically encourages innovations so that the growing demand for housing may be met by a greater variety of type, design and placement of dwellings through the conservation and more efficient use of land. This section also encourages the conservation and more efficient use of the land for nonresidential development.

      (4)   This section recognizes that a rigid set of space requirements, along with building and use specifications, would frustrate the application of this concept. Therefore, where PUD techniques are deemed appropriate, land may be designated as a PUD Zoning District. When an area is so designated, the use and dimensional specifications elsewhere in this chapter are replaced by an approval process in which an approved development plan, as allowed in I.C. 36-7-4-1500 et seq., becomes the basis for continuing land use control. It should be noted that it is not the intent to solely utilize PUD zoning as a way to circumvent and/or avoid current rezoning processes and/or requirements and standards found elsewhere in this chapter.

      (1)   A choice in the types of environment, occupancy tenure, types of housing, types of ownership and community facilities available to existing and potential residents;

      (2)   Useable open space and recreation areas;

      (3)   Sidewalks and/or shared use trails along public streets and within the development;

      (4)   Convenience in the location of accessory commercial and service areas;

      (5)   Preservation of natural topographical and geological features with emphasis on:

         (a)   Prevention of soil erosion;

         (b)   Conservation of existing surface and subsurface water; and

         (c)   Preservation of tree cover and other environmentally enhancing features.

      (6)   An efficient network of streets and utilities;

      (7)   The development of a land use pattern in harmony with the objectives of the City’s Master Plan; and

      (8)   A more efficient utilization of the land than might be obtained through other development procedures.

         (1)   Property boundary and zoning lines of the subject parcel and all abutting parcels within 200 feet (including existing buildings and topography);

         (2)   The existing and proposed topography and vegetation of the subject parcel;

         (3)   The location of all existing and proposed buildings, structures, parking spaces, means of ingress and egress, drainage plans and structures, utility easements, landscaping, signs, lighting and screening devices; and

         (4)   Any other information that may be reasonably required in order to make an informed determination.

      (1)   Chapter 151, Grading, Excavating and Fill: COMPLIANCE.

      (2)   Chapter 152, Flood Damage Prevention: COMPLIANCE.

      (3)   Chapter 153, Subdivision Code: REFERENCE.

      (4)   Chapter 154, Zoning Code: COMPLIANCE with § 154.30.

      (5)   Design, Construction and Materials Handbook (infrastructure): COMPLIANCE.

      (1)   A property owner or developer who wishes to establish a PUD district upon its property (hereinafter referred to as “applicant”) shall comply with the following procedures:

         (a)   The applicant shall meet with the Planning Department staff to discuss the concept plan, review the PUD approval process, and obtain the PUD application form.

         (b)   The applicant shall file an application for rezoning of its property to a PUD District, along with a concept plan and draft of a development plan for a PUD with the Planning Department in accordance with forms provided by the Planning Department.

         (c)   A Planning Department staff review of the concept plan shall be completed and suggestions or changes may be recommended by the staff. A meeting with the applicant shall be scheduled to review staff comments.

         (d)   The application for rezoning and the revised concept plan shall be presented to the Plan

Commission for recommendation in a properly advertised public hearing pursuant to I.C. 5-3-1.

         (e)   The Plan Commission may approve or disapprove the plan after review; request possible modification; make a recommendation to City Council regarding the concept plan, and the request that the land parcel be rezoned PUD. If the Plan Commission recommends approval of the PUD, a PUD District ordinance shall be proposed at this time.

         (f)   City Council shall consider the recommendation of the Plan Commission and staff and vote on the PUD District, which will include the concept plan and any other general requirements adopted by Council, which will also be attached as an exhibit. The draft development plan with any written commitments or changes will also be attached as an exhibit.

         (g)   If the PUD District is approved by Council, an ordinance is prepared. The applicant shall then file a primary plat and final development plan with the Planning Department, which document shall be scheduled and properly advertised for public hearing before the Plan Commission. In conjunction herewith, pursuant to I.C. 36-7-4-1511, City Council hereby delegates to the Plan Commission:

            1.   Authority to conduct secondary review of a PUD District ordinance under I.C. 36-7-4-1509(c); and

            2.   Authority to modify permitted uses or development requirements that are specified in a PUD District ordinance.

         (h)   The Plan Commission shall hold a public hearing on the Primary Plat and secondary review of the Final Development Plan and PUD District ordinance.

         (i)   The primary plat and final development plan shall be considered and either approved or denied by the Plan Commission, as submitted or with required changes.

         (j)   Upon approval of the development plan, the secondary plat shall be prepared by the applicant and filed with the Planning Department, including all final engineering calculations.

         (k)   The secondary plat shall be considered for approval by the Plan Commission, and upon approval the secondary plat and final development plan shall be recorded by the applicant. The applicant shall return a copy of the recorded Plat to the Planning Department.

      (2)   If implementation of a PUD is not started within a period of 12 months, meaning no activity is taking place on a site including marketing of parcels, the applicant must submit a request to the Plan Commission for a 12-month extension with an explanation for the reason for the delay. If, after an additional 12 months with no activity, the Development Plan may be revoked by Plan Commission action. Notwithstanding such revocation, the PUD shall remain in place, unless the Commission initiates a rezoning petition to the prior zoning category.

      (1)   For all Planned Unit Developments, there shall be no minimum acreage required. A public road shall not be deemed necessary to divide acreage.

      (2)   No building shall be closer than 25 feet to any lot line dividing land inside the PUD from land zoned or used as residential outside the PUD.

      (3)   Site and structure regulations for PUDs shall adhere to the following regulations:

         (a)   Lot sizes, dimensions, structure heights and locations may be arranged in conformity to the overall density standards recommended by the Plan Commission or stated in this Section. Minimum lot size and frontage, and maximum lot coverage are not specified. The Plan Commission shall be guided by good planning practice and the purposes of this type of development.

         (b)   A minimum 50 foot front yard setback shall be provided on any highway or thoroughfare designated as arterial or collector and provisions of § 154.39 shall be adhered to in providing a landscaping plan and are considered a minimum standard.

         (c)   Every residential dwelling unit, commercial or industrial complex or building shall have access to a public street, court, cul-de-sac, walkway or other area dedicated to public use. The boundaries and extent of the lot or plot upon which any structure is located shall be clearly defined and monuments placed on the property before the property is sold.

         (d) All open spaces between structures shall be protected, where necessary, by fully recorded covenants running with the land.

         (e)   Dedicated streets or highways shall be subject to all applicable municipal, county or state standards.

         (f)   Right-of-way and pavement widths for internal streets and alleys serving single unit attached or detached dwelling, multiple-family dwellings, townhouse clusters and commercial or industrial developments shall be determined from sound planning and engineering standards in conformity with the following: Estimated needs of the full development proposed and the traffic to be generated and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs and the access of fire fighting equipment and other emergency vehicles. In such instance, other provisions of this section shall not apply but may serve as general guides to the Plan Commission in approving the development plans. In any event, internal roads shall be a minimum of 28 feet in width back-to-back of curb with no on-street parking or a minimum of 34 feet in width with one lane of on-street parking. Pavement widths for internal ways and walks shall be a minimum of five feet. Service drives for public service facilities (vehicular) shall be a minimum of 12 feet in width with no vehicle parking allowed on either side.

      (4)   An applicant of a PUD shall furnish water and sanitary sewage facilities based on agreement with the appropriate municipal officials and private utilities. The applicant shall provide all necessary storm drainage, highway access, paved service streets, parking facilities, fire hydrants, street lighting and other public improvements deemed necessary by the Plan Commission and Council, and shall make reasonable provision for service to the connections with adjoining properties in other ownership by extending easements to their property boundary. In the event that street lighting is not required by the Plan Commission or City Council as a condition of PUD approval, the applicant shall install a conduit to the specifications set forth by the local utility for the potential future installation of lighting.

      (5)   The applicant shall provide open space/recreation areas, in every instance, in a manner consistent with good planning practices based on the individual characteristics present in each Planned Unit Development. The open space/recreational areas shall be maintained by the owner, developer, property owners association, or other designated party approved by the Plan Commission.

      (6)   All PUDs designated by a development plan as a mixed use PUD shall be in compliance with the following:

         (a)   The minimum area, dimensions and setbacks of individual buildings on interior lots as specified in the Lawrenceburg Zoning Code may be modified in the PUD.

         (b)   All PUDs shall provide a 20 foot minimum landscaped greenbelt around the perimeter of the entire development. Streets, sidewalks and driveways within the PUD may be extended through the greenbelt in order to connect with streets and sidewalks outside the PUD. This greenbelt shall not be considered part of the required open space. This greenbelt may be reduced to a minimum of 10 feet by the Plan Commission, provided that the applicant include additional landscaping and screen fencing to the satisfaction of the Plan Commission.

      (1)   If a residential PUD is greater than 25 acres, the site plan may include a parcel of land designated for commercial use that is not more than 10% of the total gross square footage of the entire development. The types and design of commercial uses shall be determined and specified as part of the Development Plan and approved by the Plan Commission. Any change of use after the Development Plan approval shall be reviewed and approved by the City Council.

      (2)   No commercial building shall be built until 50% of the residential buildings are completed.

      (3)   Minimum area of lots and dimensions and setbacks of individual buildings on lots within the PUD shall be determined as part of the PUD process.

      (1)   All commercial PUDs abutting a permitted residential or recreation use shall provide a minimum 25 foot greenbelt along the entire shared boundary and include landscaping, earth berms, and screen walls or fencing as approved by the Plan Commission. Streets, sidewalks and driveways within the PUD may be extended through the greenbelt in order to connect with streets and sidewalks outside the PUD.

      (2)   All commercial PUDs shall provide a minimum 10 foot greenbelt around the perimeter of the development abutting non-residential or non-recreation uses. This greenbelt shall not be considered part of the required open space.

      (3)   A maximum of 40% of the total commercial PUD may be used for residential uses. Compatibility shall be determined by the Plan Commission and Council as part of the PUD development plan review and approval.

      (1)   A minimum 30-foot planted greenbelt shall be provided around the entire perimeter. Streets, sidewalks and driveways within the PUD may be extended through the greenbelt in order to connect with streets and sidewalks outside the PUD. This greenbelt shall not be considered part of the required open space and may include landscaping, earth berms, and screen walls or fencing as approved by the Plan Commission.

      (2)   A maximum of 30% of the total area can be used for commercial uses.

      (3)   Residential uses are not permitted in industrial PUDs.

      (1)   A requested variance to any specific regulation within this section shall be submitted as part of the development plan. Variances shall be determined acceptable if the Plan Commission finds:

         (a)   The general requirements of this section would cause unnecessary hardship or practical difficulties because of exceptional and unique topography, access, location, shape, size, drainage or other physical features of the site; or

         (b)   That due to the size, shape, location, permitted use or uniqueness of the development, a variance would constitute good planning and would not unreasonably affect the public health, safety, morals or welfare, or the rights of adjacent property owners.

      (2)   All variances adopted by the Plan Commission based on the above findings, shall be part of the approved development plan and may include conditions imposed by the Plan Commission to substantially secure objectives of this section.

      (3)   For variances requested after the secondary plat and/or final development plan has been approved, § 154.16(D)(5) shall apply. All approved variances shall be recorded on the plat.

      (1)   PUD applicants shall present a concept plan and preliminary development plan to the Planning Department staff for review. Following a meeting with the staff, the applicant shall submit revised plans and related documents in the PUD submittal requirements checklist provided by the city at least 30 days before the respective public hearing of the Plan Commission. The petition shall include a list of all property owners within 200 feet of the PUD and a legal description of the PUD. The Planning Department staff shall review both and advertise the hearing date before the Planning Commission. The Plan Commission shall, if all issues are resolved, make a recommendation on the concept plan to the Council for their action.

      (2)   A proposed primary plat for a PUD shall be filed with the Planning Department as part of the preliminary development plan.

      (3)   At least 30 days before the Plan Commission public hearing for the Final Development Plan, the PUD applicant shall submit the required multiple copies to the planning staff of a primary plat and final development plan. The Planning Department will set a public hearing for the Plan Commission. The Plan Commission shall within 30 days of the completed public hearing approve or deny the primary plat with “findings of fact.” If the Plan Commission approves the primary plat, final development plan and PUD findings of fact, the applicant can then present a secondary plat.

      (4)   If the Plan Commission denies the primary plat or the final development plan, it must specify reasons in a “findings of fact” statement. The Plan Commission may recommend further study of the site and/or development plan and resubmission at a later date. Approval of a primary plat does not obligate the Plan Commission to approve a secondary plat.

      (5)   An approved final development plan and primary plat is valid for 12 months. If no secondary plat is submitted for approval within 12 months, the PUD applicant must appear before the Plan Commission and request an extension of up to 12 months. If not approved, the zoning reverts to its prior classification. The Plan Commission may approve or deny the extension.

      (1)   General description of the proposed plan, its land use suitability, compatibility with abutting uses and general benefit to the community;

      (2)   Name and address of applicant, developer, owner, architect/engineer/planner/designer;

      (3)   Parcel location map;

      (4)   Adjacent land uses, topography and all existing streets and driveways within 200 feet of the perimeter of the PUD;

      (5)   Property boundary map, zoning boundaries, and names and addresses of property owners within 200 feet of the subject property;

      (6)   Existing topographic features of the site at two foot intervals and existing vegetation;

      (7)   Location and proposed ownership of all planned open spaces;

      (8)   Delineation of all uses and area in acres of each use;

      (9)   Total number of residential units and percent of each type of residential uses;

      (10)   Delineation of each commercial and/or industrial use, and total number of such units and percent allocated to these uses;

      (11)   Density percentages of every residential use based on gross acres;

      (12)   Delineation of all areas within 200 feet of the site used for storm water management areas subject to flooding including the 20, 50 and 100-year flood plain elevations and data on frequency and extent;

      (13)   Delineation of all areas that lie in an aircraft flight pattern;

      (14)   Delineation of all easements, right-of-ways, covenants or any other restrictions imposed upon the land or buildings;

      (15)   Proposed permanent easements for utilities, storm water management system, pavements, sidewalks, alleys and parking including widths as well as provisions for multi-use pedestrian trails when warranted;

      (16)   General description of community services available to the development’s residents including schools, fire protection, parks and all public/private utilities;

      (17)   General statement on proposed tenure of ownership and maintenance of common open space; and

      (18)   Proposed construction schedule.

      (1)   A PUD secondary plat of all or part of a PUD primary plat shall be filed with the Planning Department within 12 months after the Plan Commission approves a primary plat. The secondary plat will be placed on a Plan Commission agenda. It does not require a public hearing. The Plan Commission shall have a maximum of 30 days to approve or deny a secondary plat following the Plan Commission meeting. Approval of a secondary plat does not authorize construction unless construction plans, building permits and any necessary surety have also been approved. The recording of the approved secondary plat shall inform all whom deal with the PUD of the restrictions placed on the land and act as a zoning control device.

      (2)   Content of a PUD secondary plat. All PUD secondary plats shall contain:

         (a)   Final uses delineated and suitable for recording;

         (b)   All subdivided lands delineated as required for all subdivisions;

         (c)   Number for each lot and common open space;

         (d)   Street names that have been approved by the planning department staff after consultation with other emergency and 911 personnel;

         (e)   Location and dimensions of all building lots, permanent common open space, easements and rights-of-way;

         (f)   Reference to protective covenants and final total of acres, building sites by use, and

density of each use;

         (g)   Other information as required in the Chapter 153; and

         (h)   Complete stormwater management plans.

      (3)   At the same time a secondary plat is presented, a PUD applicant also shall provide:

         (a)   Three copies of design and engineering plans that are drawn to scale and include all easements and construction documents for all infrastructure, prepared and signed by a state licensed engineer, architect or land surveyor; and

         (b)   An affidavit guaranteeing the completion of all public infrastructure. The guarantee may be in the form of:

            1.   A developer’s bond of one and one-half times the amount of the estimated cost of all public improvements yet to be completed;

            2.   Cash in the amount of one and one-half times the estimated cost of all public improvements yet to be completed;

            3.   A lien to be recorded on all the land proposed to be a part of the PUD, with partial releases possible after the lending institution and the city agree on the estimated cost of all public improvements yet to be completed and the lending institution agrees to hold in escrow one and one-half times the estimated cost;

            4.   Deposits with the city of other agreed upon collateral equivalent to one and one-half times the estimated uncompleted public improvement cost; or

            5.   Letter of credit from a financial institution, which can be forfeited if the applicant defaults on installation of infrastructure.

      (4)   The construction plans for any public improvement and any necessary surety must be approved prior to recording the secondary plat.

      (5)   An approved secondary plat is valid for 12 months. If no construction, marketing or related activity has commenced within 12 months, the PUD applicant must appear before the Plan Commission and request an extension of up to 12 months. If not approved, the zoning reverts to its prior classification. The Plan Commission may approve or deny the extension.

The Lawrenceburg Plan Commission now makes the following findings of fact in support of its approval/denial of the following application for a Development Plan of a Planned Unit Development:

Name of Applicant _________________________________________________

Date _____________________________________________________________

Name of Project ___________________________________________________

This Development Plan of a Planned Unit Development:

______    Is consistent with the stated purpose of the PUD Regulations

______   Meets the requirements and standards of the PUD Regulations

______   Deems the proposed departures from the zoning regulations including but not limited to density, dimensions, area, bulk, and use, to be in the public interest

______   Contains adequate provisions in the physical design for the public services, control over vehicle traffic, roadways, parking, and protection of designated open spaces that further the amenities of light, air, recreational and visual enjoyment

______   Includes adequate structures and storm water management systems built in areas susceptible to flooding, ponding or erosion

______   Is compatible with adjacent properties and neighborhood

______   Adds to the physical development, tax base and economic well being of the entire community

______   Conforms with recommendations of the Lawrenceburg Master Plan

______   Conforms to all local regulations

The Plan Commission approved/denied by a vote of ______ to ______, date ____________________

President of the Plan Commission _________________________________

      (1)   All PUD’s shall be constructed and developed as delineated on the approved Secondary Plat and Final Development Plan as recorded. All recorded documents and amendments shall be binding on applicants, their successors, grantees and assigns, and shall limit and control the use of the PUD land and location of structures. After all plats and documents have been recorded, any amendments to the PUD shall be reviewed as follows:

         (a)   Major amendment: Any change which alters the concept, uses or intent of the PUD including increase in density, increase in height of buildings, reduction of open space, changes in sequence of development, changes in road/street standards and/or changes in covenants and/or the approved Development Plan. A major amendment shall require a public hearing and recommendation by the Plan Commission for approval by Council following a second public hearing.

         (b)   Minor amendment: Any change that does not alter the concept or intent of the PUD or the Development Plan and is not defined as a major amendment. A minor amendment may be reviewed and approved by the Plan Commission upon recommendation of the Planning Department staff and without a public hearing.

      (2)   All changes to the secondary plat and final development plan shall be recorded with the County Recorder and Auditor as amendments to the secondary plat and final development plan or reflected in the recording of a new corrected secondary plat.

(Ord. 99-14, passed 12-20-99; Am. Ord. 10-2001, passed 10-15-01; Am. Ord. 21-2002, passed 8-19-02; Am. Ord. 16-2003, passed 11-17-03)

      (1)   In considering an application for any conditionally permitted use, the Plan Commission and Board of Zoning Appeals shall give due regard to the following factors as they apply to a particular situation:

         (a)   The nature, location, size and site layout of the use so that it shall be harmonious with the area and district in which it is proposed;

         (b)   The nature and integrity of the operations involved in, or connected with, the use;

         (b)   The nature and integrity of the operations involved in, or connected with, the use;

         (c)   The site layout of the use, including parking location, design, screening, and number of off-street spaces; and

         (d)   The relationship of the use to the streets providing access to it, so that vehicular traffic to and from the use will not create undue hazards to the normal traffic of the vicinity. The following traffic issues, at a minimum, shall be considered:

            1.   Vehicular turning movements in relation to routes of traffic flow;

            2.   Relation to street intersections;

            3.   Sight distances; and

            4.   Pedestrian traffic.

      (2)   No conditionally permitted uses shall exceed the maximum allowable height for the district in which it is proposed, unless:

         (a)   An existing structure already exceeding the height limit is being utilized, or

         (b)   Sufficient cause is shown and determined to be necessary by the Board of Zoning Appeals. In such instances, the height can be increased by only one story.

      (3)   All conditionally permitted uses shall, at the least, meet the minimum setback (yard) requirements for the district in which it is proposed. Wherever possible, increased setbacks shall be provided with appropriate landscaping (refer to § 154.39).

   (C)   All conditionally permitted uses which existed upon the effective date of this chapter and which are located in a district which permits such use in accordance with this section shall be regarded as conforming uses. Expansion or extension to such uses shall be subject to all provisions of this section.

   (D)   All conditionally permitted uses hereafter authorized by the Board of Zoning Appeals to be in accordance with this section shall be regarded as conforming uses and may be continued, except that

major changes in layout, expansion or extension to such use shall be subject to review and approval procedures as set forth elsewhere in this section.

      (1)   Written notice, by certified mail, shall be sent to all property owners within 200 feet of the subject parcel(s) no less than ten days prior to the meeting date of the Plan Commission wherein the application will be reviewed. If the matter is continued to additional meetings, written notice may be sent to the same property owners at the discretion of the Plan Commission. Such notice shall state the date, time, place, and purpose of the meeting.

      (2)   No legal notice is required for the Plan Commission meeting.

      (3)   Written notice for the Board’s public hearing shall follow the same procedures as in division (G)(1) above.

      (4)   Legal notice for the hearing shall be given by one publication in a newspaper of general circulation in the city at least ten days before the date of such hearing and state the same information as that required in the written notice and shall otherwise comply with I.C. 5-3-1.

   Key:       CP = Conditionally Permitted
         NP = Not Permitted

(Ord. 99-14, passed 12-20-99; Am. Ord. 16-2003, passed 11-17-03) Penalty, see § 154.19

   (A)   (1)   The purpose of this section is to establish supplemental regulations for the review of accessory buildings and uses. Accessory buildings and uses may be permitted within specified zoning districts as customary, incidental, related, or subordinate uses to a principal use of a site as long as such uses do not change, alter, or impose an unacceptable impact on the character of the principal use.

      (2)   An accessory building and/or use shall not be established unless a principal use has first been established on a site in conformance with all applicable provisions of this chapter and shall in all cases be located behind the principal structure.

   (B)   If and when accessory buildings and uses are proposed that are not specifically provided for in this chapter, the Plan Commission shall first determine whether or not such proposed accessory buildings and/or uses shall be designated as such, with due regard being given to division (A) above.

         (a)   Artists, sculptors, photographers, home crafts;

         (b)   Authors, composers, musicians;

         (c)   Clerical and other similar business services;

         (d)   Dressmaking, tailoring;

         (e)   Child day, as regulated by state law, and limited to no more than six nonresident children at any time;

         (f)   Instruction in music, dance or the like, provided there are no more than two students at a time;

         (g)   The office of a professional accountant, attorney, consultant, insurance agent, architect, engineer, or the like, provided that they are restricted to number and traffic flows of client vehicles as hereinafter outlined; and

         (h)   Machine shops, provided the facility is in an accessory building, meeting all pertinent regulations, and such facility is no closer than 100 feet to any other residential dwellings.

         (a)   Structural modifications such as separate entrances, color, materials, or the construction of accessory structures not customarily residential in nature;

         (b)   Exterior storage of goods, equipment, materials;

         (c)   The emission of glare, noises, sounds, odors, or vibrations; and/or

         (d)   There shall be no interference with radio or television receivers caused by the operating of electrical or mechanical equipment.

         (a)   Employee parking shall be located off-street. All front, side and rear yard requirements shall be maintained;

         (b)   The home occupation shall not reduce or render unusable areas provided for required off-street parking for the dwelling unit;

         (c)   Traffic generated by a home occupation shall not exceed the average daily volume normally expected for a residence in a residential neighborhood, which for the purposes of this section means up to ten round trips per day.

(Ord. 99-14, passed 12-20-99; Am. Ord. 10-2001, passed 10-15-01; Am. Ord. 16-2003, passed 11-17-03)

      (1)   Each park shall have a total land area of no less than 10 acres.

      (2)   Individual mobile home lots shall be no less than 3,000 square feet in area and have minimum dimensions of 30 feet wide by 100 feet deep.

      (3)   Each mobile home lot shall have two parking spaces, one of which may be located off the lot but within 200 feet of the lot it serves.

      (4)   Each mobile home shall be no closer than 30 feet to the street right-of-way.

      (5)   Each mobile home lot shall be equipped with a concrete slab of adequate thickness and size to support the mobile home during all seasons.

      (6)   Permitted accessory buildings and uses shall be limited to management offices, laundry facilities, recreational areas, and individual storage sheds.

      (7)   Each mobile home park shall be adequately lighted for safety at night.

      (8)   No mobile home lot, parking area, recreational area or accessory building or use shall be closer than 50 feet to any adjoining residential property or external public street.

      (9)   A single ground mounted sign shall be permitted provided that it adheres to the provisions of § 154.40(D)(3).

    (10)   Landscaping, buffering, and screening provisions shall comply with § 154.39.

(Ord. 99-14, passed 12-20-99; Am. Ord. 16-2003, passed 11-17-03) Penalty, see § 154.19

   (A)   Purpose. It is the purpose and intent of this section to accomplish the following:

      (1)   Provide for the designation of parcels within the jurisdiction of the Lawrenceburg Plan Commission as part of the Riviera PUD Zoning District;

      (2)   Specify uses or a range of uses permitted in the Riviera PUD Zoning District;

      (3)   Specify development standards and requirements in the Riviera PUD Zoning District;

      (4)   Specify plan documentation and supporting information required for consideration of development in the Riviera PUD Zoning District;

      (5)   Specify any limitations applicable to the Riviera PUD Zoning District;

      (6)   Establish procedures to govern and administer the Riviera PUD Zoning District, including regulations. Review considerations for approval and modifications to development in the Riviera PUD Zoning District; and

      (7)   Provide a flexible alternative in accomplishing the purposes of the Zoning Code.

      (1)   Common facilities which are not dedicated to the public shall be maintained to standards of assuring continuous and adequate maintenance at a reasonable and nondiscriminatory rate of charge to the beneficiaries thereof. Common facilities not dedicated to the public shall be operated and maintained at no expense to any governmental unit.

      (2)   All private streets shall be maintained by the aforesaid private organization in such a manner that adequate access is provided at all times to vehicular traffic, so that fire, police, health, sanitation and public utility vehicles can serve the properties contiguous or adjacent thereto, and so that said vehicles will have adequate turning area. Private streets shall be developed in accordance with city regulations.

      (1)   Commitments may be required by the Plan Commission as an ingredient for stability and longevity of the Riviera PUD Zoning District plan and may set forth in detail provisions for the ownership and maintenance of facilities held in common so as to reasonably insure the continuity and conservation. Covenant provisions may include specific remedies in the event facilities held in common are permitted to deteriorate or are not maintained in a condition consistent with the best interests of the entire city, and in such event the city shall take those remedial steps provided for in such provision.

      (2)   The Plan Commission may require the recording of commitments for any reasonable public or semi-public purpose, including but not limited to, the allocation of land by the petitioner for public thoroughfares, parks, schools, recreational facilities, and other public and semi-public purposes wherever necessary in conformity with the Land Use Plan of current adoption.

      (3)   Commitments are binding on the owner of the parcel, subsequent owners of the parcel and any person who acquires an interest in the parcel.

      (4)   Commitments may be enforced by the Plan Commission, City Council or owners of property adjoining the Riviera PUD Zoning District to a depth of two ownerships, but not exceeding 660 feet from the perimeter of the Riviera PUD Zoning District. The identity of the owners shall be determined from the Dearborn County Assessor’s Office.

      (5)   The Plan Commission has the perpetual right to modify or terminate commitments by decision of the Plan Commission at a public hearing so long as the Riviera PUD Zoning District is in existence. Commitments shall automatically terminate upon a rezoning of the property to a different zoning classification.

(Ord. 5-2005, passed 4-4-05)