(A)   Applicability.  All structures, land uses, land use changes, structural alterations, structural relocations, structural additions and structural enlargements that are constructed, created, established or occur after the effective date of this ordinance (except as may otherwise be provided within this ordinance) shall be subject to all development standards and regulations applicable to the zoning district in which they are located. All projects approved prior to the effective date of this ordinance shall adhere to the terms and conditions of approval and/or written commitments made under the zoning ordinance that was in place at the time of filing.

   (B)   Expansion or modification of existing uses and structures.  No structure, parking area or other site feature regulated by this ordinance shall be enlarged, altered or expanded unless the minimum improvements required by this article are provided on the property in a manner equal to the extent of its alteration or expansion.

(Ord. 07-16, passed 12-10-2007)

   All properties, with the exception of those in the Commercial Core of the Central Business District (CB), shall maintain a clear area (the “sight visibility triangle”) at every intersection of an adjoining street with other streets and entrance drives.

   (A)   Clearance.  The sight visibility triangle shall be free of structures, vegetation, signs (other than street signs) and other opaque or partially opaque objects between a height of three feet and eight feet as measured from the nearest top-of-curb (or edge of pavement where curbs are not present).

   (B)   Dimensions.  The triangle is determined by a diagonal line connecting two points measured 25 feet from the intersection of the projected rights-of-way lines. In cases where the edge of pavement is coincidental with the right-of-way, the points shall be measured 35 feet from the intersection of the edges of pavement.

   (C)   Public signs and signals.  The above provisions shall not apply to official warning signs or signals necessary to the public safety.

(Ord. 07-16, passed 12-10-2007)

   (A)   Height requirements.  The maximum height permitted shall be as described in Table 4.2: Residential Districts Lot Standards, subject to the exceptions listed in this section.

      (1)   Measuring height.  In all instances, the height of a structure shall be measured from adjacent grade level to the highest point of the structure, excluding the necessary appurtenances such as chimneys, church spires, steeples, clock or bell towers, cooling towers, elevator bulkheads, fire towers, penthouses, stacks, tanks, water towers, transmission towers or essential mechanical equipment not prohibited by other laws or further provisions of this ordinance.

      (2)   Additional residential limitations.  No accessory structure located in a residential zoning district may exceed the height of the principal structure on the property.

   Height Illustration

   (B)   Height exceptions.  No structure may be erected or changed so as to make its height greater than specified in the applicable zoning district, except as noted below. For the purposes of this section, the height of church steeples, chimneys and other structures which are attached or otherwise a part of another structure shall be measured from grade level.

      (1)   General exceptions.  The following structures may exceed the permitted height regulations by twofold (x 2):

         (a)   Church steeples;

         (b)   Spires, belfries and cupolas; and

         (c)   Industrial related storage tanks, mechanical equipment and smokestacks.

      (2)   Height of residential structures.  In the districts limiting the height of single-family residential structures to 35 feet, a dwelling may be increased in height not to exceed 40 feet provided the required side yards are increased two additional feet for each foot the structure exceeds 35 feet in height.

      (3)   Telecommunications towers and antenna.  The height of telecommunication towers and antenna shall meet the requirements of § 7.16.

      (4)   Amateur radio towers.  Amateur radio towers shall meet the requirements of § 7.10.

      (5)   Necessary appurtenances.  The following structural elements may exceed the permitted height standards for the zoning district in which they are located by up to ten feet:

         (a)   Necessary mechanical appurtenances;

         (b)   Utility substations and related essential facilities;

         (c)   Water tanks;

         (d)   Chimneys;

         (e)   Fire towers;

         (f)   Stair towers;

         (g)   Stage bulkheads; and

         (h)   Elevator bulkheads.

      (6)   Water towers.  Water towers may exceed the permitted height standards for the zoning district in which they are located and may be erected to a maximum height of 200 feet.

   (C)   FAA requirements.  Nothing in this ordinance, including the exceptions listed above shall be interpreted as waiving any height regulations related to air travel. All applicable Federal Aviation Administration (FAA) restrictions and regulations shall apply to all structures.

(Ord. 07-16, passed 12-10-2007)

   (A)   Required setbacks.

      (1)   Minimums.  Minimum required setbacks shall be as set forth in each district Table 4.2: Residential Districts Lot Standards and Table 4.3: Nonresidential Districts Lot Standards. The required setback shall be measured from the existing right-of-way or the proposed right-of-way as set forth in the Center Township thoroughfare plan, whichever is greater.

      (2)   Through lots.  Any lot having a frontage on two approximately parallel streets or abutting more than one street, shall be considered to have two or more front yards and shall conform to the minimum setbacks as specified for each district in Chapter 4.

      (3)   Corner lots.  Any lot having a frontage on two approximately perpendicular streets shall be considered to have two or more front yards.

      (4)   Alley abutting rear or side yard.  Principal structures shall be set back as specified in Chapter 4. Accessory structures on the rear or side of a lot abutting an alley shall be set back a minimum of five feet from the right-of-way (not the edge of pavement).

      (5)   Obstruction.  Minimum required yards or building setback distances shall be unobstructed and open to the sky, except for customary projections and signs, in accordance with Chapter 4 of this ordinance.

   (B)   Permitted encroachments in required yards.  No structure or part thereof shall encroach upon any required yard. However, the following shall not be considered encroachments when located within the required yards except in areas required for vision clearance at intersections.

      (1)   Permitted encroachments in required front yards.

         (a)   An eave, cornice, overhang, awning, porch, balcony or bay window not exceeding four feet; provided, however, that in no event shall the encroachment protrude closer than 20 feet to a front lot line. However, in the Central Business (CB) District, these encroachments may be permitted subject to the standards of the Downtown Overlay District, provided they do not interfere with intersection visibility as set for in § 7.2 or with the Board of Public Works and Safety requirements for sidewalk clearance;

         (b)   The ordinary projection of belt courses, sills, lintels, chimneys and other similar ornamental and architectural features not exceeding two feet;

         (c)   Unenclosed, uncovered steps, entrance platforms, terraces or landings not over 18 inches above grade level and not to project a distance in excess of ten feet;

         (d)   Accessory uses such as public utility installations, walks, driveways, curbs, mail boxes, name plates, lamp posts, bird baths and structures of a like nature in any required front, side or rear yard;

         (e)   Fences that are at least 50% open, walls and hedges not to exceed 42 inches in height; and

         (f)   Plants including trees, shrubs and perennials.

      (2)   Permitted encroachments in required side and rear yards.

         (a)   An eave, cornice overhang, awning, canopy or balcony not exceeding four feet; provided, however, that the encroachment shall not protrude closer than 50% of the required distance to any side or rear lot line;

         (b)   The ordinary projection of belt courses, sills, lintels, chimneys and other similar ornamental and architectural features not exceeding two feet; provided, however, that the encroachment shall not protrude closer than 50% of the required distance to the rear lot line;

         (c)   Unenclosed, uncovered steps, entrance platforms, terraces or landings not over 18 inches above grade level and shall not encroach more than 50% into the yard;

         (d)   Accessory uses such as public utility installations, walks, driveways, curbs, retaining walls, mail boxes, name plates, lamp posts, bird baths and structures of a like nature;

         (e)   Fences, latticework, screens, hedges or walls not more than six feet in height;

         (f)   Plants including trees, shrubs and perennials;

         (g)   Open, off-street parking spaces, according to the provisions set forth in § 7.5; and

         (h)   Balconies, breezeways and open porches and decks; provided, however, that the encroachment shall not protrude closer than 50% of the required distance to the side and rear lot line.

      (3)   Agricultural use.  Nothing contained in this subsection shall be deemed to prohibit the erection or maintenance of an open fence in connection with an agricultural use.

      (4)   Setback distance exceptions.  Any yard or setback line so placed or oriented that none of the specific terms in this ordinance are applicable shall necessitate a determination by the Planning and Zoning Administrator of suitable dimensions generally required for a similar situation in the zoning district.

   (C)   Placement of structures.

      (1)   Lot access and frontage.  Every building hereafter erected or moved shall be located on a lot with frontage and access on a public street; or with frontage and access to an approved private street and all buildings shall be so located on lots as to provide for safe and convenient access, fire protection and required off-street parking.

      (2)   Lot dimensions.  Every building hereafter erected shall be located on a lot which meets the minimum zoning requirements for the district in which it is located unless otherwise specified for planned unit developments or as specified in Chapter 6.

      (3)   Relocation of structures.  No buildings or structures shall be moved from one lot or premises to another unless the building shall thereupon conform to all the regulations of the zoning district to which the building shall be moved.

      (4)   One principal building per lot.  In no case shall there be more than one principal structure and associated accessory structure located on one lot; except that principal structures designated and platted as a single unit under single ownership and control, such as multifamily developments, shopping centers and combined industrial operations may be permitted on one lot in accordance with the provisions of this ordinance.

      (5)   Placing structures over utility easements.  No building or structure shall be placed or erected over utility easements, except for lot line fences which shall be subject to the paramount right of the utility or municipality to install, repair, maintain or replace its installation.

   (D)   Exceptions to district requirements.

      (1)   Infill development; front setback.  The front setback shall be as required in Table 4.2: Residential Districts Lot Standards and Table 4.3: Nonresidential Districts Lot Standards. Except in areas where 50% or more of the lots in a block are developed, the average of the existing front setbacks of structures for 150 feet on either side may be used as the minimum front setback.

      (2)   No part of a required setback (yard), open space, off-street parking, loading space or bufferyard shall be included as part of a required yard, open space or off-street parking or loading space similarly required for any other building, unless specified elsewhere in this ordinance.

(Ord. 07-16, passed 12-10-2007)

   (A)   Intent.  The regulations of this section are designed to alleviate or prevent congestion of the public streets by establishing minimum requirements for off-street parking of motor vehicles, in accordance with the use on the property as specified in Table 7.4: Schedule of Parking Standards.

   (B)   General provisions.

      (1)   Parking spaces shall be located on the lot with the uses for which they are required. Exceptions are for off-site and shared parking.

      (2)   When the requirement spaces for an unspecified use is unclear, the number of parking spaces shall be determined by the Planning and Zoning Administrator on the basis of similar requirement, the number of persons served or employed, and the capability of adequately serving the visiting public. This determination may be appealed to the Plan Commission. A variance request from the requirement can be heard by the BZA, § 2.4.

      (3)   When the intensity of use of any building, structure or premises shall be expanded through the addition of dwelling units, floor area, beds, seating capacity or other unit of measurement, parking and loading facilities shall be provided for the increase in intensity of use.

      (4)   Whenever the existing use of a building, structure or premises shall hereafter be changed or converted to a new use permitted by this ordinance, parking and loading facilities shall be provided as required for the new use.

   (C)   Layout and design.

      (1)   All off-street parking areas shall be constructed using a paved surface of concrete, asphalt, brick pavers, approved pervious concrete or pavers or the like. Single- and two-family dwellings in the SF, Single-Family District, on a minimum two acre parcel, and agricultural uses shall be permitted parking areas of gravel. All parking areas shall be clearly painted to show each parking space.

      (2)   All required parking spaces shall be designed to provide direct access for vehicles. In no case may parking areas which do not have direct access be considered a parking space meeting the requirement of this ordinance. Except in all single-family districts (SF, SF1, SF2, SF3, TR) and the Central Business District (CB), if a parked vehicle prevents direct access to a required parking space (double-stacked), it shall not be considered, nor count toward the required minimum parking.

      (3)   All parking areas for nonresidential uses shall be completely curbed. Complete curbing may not be required if, innovative drainage techniques or stormwater best management practices (BMPs) are

employed, and in the written opinion of Lebanon Utilities, the drainage system for the property and surrounding environment shall be best served if curbs were not present. Curbing must meet the general parking requirements of § 7.8(J)(1).

   A Swale Situated Between Two Parking Lot Edges with Curb Cuts to Allow Natural Water Filtration

      (4)   Individual spaces shall be designed so that no part of the parked vehicle will extend beyond the boundary of the established parking area into any minimum required yard or onto adjoining property.

      (5)   Parking spaces are unobstructed and have access to an aisle or driveway so that any automobile may be moved without moving another, and so that no maneuvering directly incidental to entering or leaving a parking space shall be on any public right-of-way or walkway.

      (6)   Off-street parking spaces may be open to the sky or enclosed in a building. In any instance, when a building is constructed or used for parking facilities on the lot, the building shall be treated as any major structure and subject to all requirements thereof.

      (7)   Parking areas may be provided with a one story shelter building or guard building which shall not exceed 100 square feet of gross floor area and shall conform to all the structural requirements of the district.

      (8)   All parking lots shall be subject to the landscaping and screening requirements for parking lots as set forth in § 7.8.

      (9)   Any lighting facilities used to illuminate off-street parking areas shall be so located, shielded and directed upon the parking area in a manner that they do not reflect or cause glare onto adjacent properties or interfere with street traffic. Refer to § 7.15 for standards.

      (10)   Trash and recycling dumpsters shall not be located in required parking spaces.

      (11)   All parking areas shall provide means of pedestrian circulation to the use and between the use and the street.

      (12)   Parking space size shall be a minimum of 180 square feet and dimensions shall conform to Table 7.1a: Parking Dimensions and Table 7.1b: Parking Dimensions. In no instance shall the overhang of a vehicle be considered as part of the required parking space area.

 

   Table 7.1b: Parking Dimensions

      (13)   All parking spaces shall be provided with adequate maneuvering space into which vehicles can back for the purpose of exiting the parking space.

   (D)   Entrance and drive standards.

      (1)   Driveway entrances or exits at the right-of-way line shall be no closer than 25 feet to an adjoining residential property line or ten feet to an adjoining nonresidential property line.

      (2)   No driveway with two-way traffic at the right-of-way shall exceed a width of 30 feet with the exception of a boulevard entrance with two one-way drives with a median divider. The minimum width of each drive shall be as specified in the thoroughfare plan.

   (E)   Parking spaces accessible to the disabled.  In conformance with the Americans with Disabilities Act (ADA) of 1990, accessible parking shall be provided for all developments per this ordinance and any further requirements hereafter adopted by federal, state or local law.

      (1)   Required spaces.  Accessible parking spaces shall be provided at a rate listed in Table 7.2: Parking Spaces Accessible to the Disabled. Accessible spaces shall count towards the required total number of parking spaces.

      (2)   Design and layout of accessible parking lots.  Access aisles and accessible routes for the mobility impaired shall be provided pursuant to ADA requirements, as amended. Accessible spaces must be a minimum of eight-feet wide with a five foot access aisle. One of every eight spaces, however, must have an access aisle of eight-feet wide and be designated “van accessible.”

      (3)   Passenger loading zones.  Passenger loading zones shall provide an access aisle of a minimum of 20 feet in length, adjacent and parallel to the vehicle pull up space. If there are curbs between the access aisle and the vehicle pull up space, then a curb ramp shall be provided.

      (4)   Signage and marking.  All accessible spaces shall be designated by the international access symbol. Van accessible spaces will be labeled by both the international access symbol and an additional sign indicating that the space is accessible for vans. Signs shall be a minimum of five and one-half feet above ground level so as not to be obscured by parked vehicles. The mobility impaired symbol shall also be painted on the ground to the rear of the parking space.

   Symbol of International Access

 

   (F)   Parking standards by use.

      (1)   Residential uses.  Residential parking standards applicable to the Single-Family Residential, Multifamily Residential and Manufactured Home Park Zoning Districts:

         (a)   Single-family dwellings.

            (1)   Generally.  Parking spaces for single-family zoning districts shall be provided on the same lot as the dwelling unit for which they are required and shall meet the following standards.

            (2)   Spaces requirements.  A minimum of two off-street paved spaces are required for each dwelling unit.

               a.   Exception.  Parcels two acre or more in area that are not part of a platted subdivision and are being used solely for a single-family dwelling may utilize a gravel driveway for parking, so long as a concrete apron is provided between the street and the right-of-way line.

               b.   Unenclosed vehicles.  A maximum of four operable vehicles owned or leased by the residents are permitted outside in an unenclosed area. Inoperable vehicles are not permitted in the front yard.

   A Residential Parking Illustration

         (b)   Manufactured home park dwellings.  Parking spaces for dwellings in the MH zoning district shall be provided on the same site as the dwelling unit for which they are required and shall meet the following standards.

            (1)   Space requirements.

               a.   A minimum of two off-street parking spaces are required for each dwelling unit. In addition, parking spaces for management offices, sales facilities, self-service laundries and other accessory uses shall be equal to one-half of the requirements for those uses established in the nonresidential section of this chapter.

               b.   A maximum of two operable vehicles owned or leased by the residents are permitted outside in an unenclosed area. Inoperable vehicles are not permitted in the front yard.

            (2)   Access/location standards.  Parking areas must be designed to prevent vehicles from having to back into or maneuver in public streets (excluding all alleys and any streets that are internal to the development).

         (c)   Multifamily dwellings.  Parking spaces for dwellings in the Multifamily (MF) Zoning District shall meet the following standards:

            (1)   Space requirements.  Parking shall be required for each dwelling unit (rounded up to the nearest complete space) according to Table 7.4: Schedule of Parking Standards. In addition, parking spaces for management offices, sales facilities, self-service laundries and other accessory uses shall be equal to one-half of the requirements for those uses.

            (2)   Parking of the disabled.  The required spaces shall include parking for the disabled meeting the requirements of subsection (E) above. The minimum number of disabled spaces provided shall either be as specified in the disabled space standards table or equal one space for every handicap- accessible dwelling unit, whichever is greater.

      (2)   Nonresidential uses.  Nonresidential parking standards applicable to the Commercial, Industrial and Institutional Zoning Districts or uses, except where otherwise noted, are as follows.

         (a)   General standards.  Parking spaces shall be located on the lot with the use(s) for which they are required. All parking spaces and interior drives shall meet the following requirements.

         (b)   Minimum required spaces.  The minimum number of parking spaces required per property shall be determined by the sum of spaces required for each applicable use in Table 7.4: Schedule of Parking Standards.

         (c)   Exceeding the minimum requirements.

            (1)   A parking lot containing more than 30 or more parking spaces that exceeds the minimum parking space requirements by more than 10% shall also increase the required interior parking lot landscaping for the entire site by 5%.

            (2)   A 15% increase in required parking may be permitted without restriction and above the set maximum if the developer constructs all additional parking spaces with pervious pavement or employs the use of best management practices (BMPs) for stormwater filtration as approved by the Administrator.

         (d)   Cross-access requirement.  Cross-access easements shall be established when a parcel abuts another parcel similarly zoned to reduce congestion on public streets. The easements shall:

            (1)   Not be less than 20 feet in width; and

            (2)   Not exceed 30 feet in width.

         (e)   Pedestrian considerations.  Safe connections shall be provided within parking lots which connect to the on-site businesses. The use of special pavement materials to distinguish between pedestrian and vehicular areas is encouraged, unless required by the zoning or Overlay District.

   Parking Lot with a Special Pavement Pedestrian Pathway

         (f)   Employee and customer parking.  Adequate employee and customer off-street parking areas shall be provided, including areas incidental to display, servicing and repair. No parking shall be permitted on driveway approaches, landscaped areas, adjacent alleys or streets, on any public right-of-way or in a manner as to restrict motorists’ visibility.

         (g)   Use of parking facilities.  Off-street parking facilities shall be utilized solely for the parking of passenger automobiles or light trucks of less than one-ton capacity, belonging to patrons, occupants or employees of specified uses. Parking facilities shall not be used for the storage, display, sale, repair, dismantling or wrecking of any vehicle, equipment or material, unless the facilities are enclosed in a building and otherwise permitted in the district.

         (h)   Advertisements.  No business signs or advertisements shall be permitted in parking areas without a permit, except directional and identification signs as permitted in accordance with § 7.7.

         (i)   Parking facility location.  Off-street parking areas including spaces, drive aisles and other maneuvering shall be permitted within the required setback subject to the following conditions and except where noted.

            (1)   No paved portion of the parking area shall be located within ten feet of the right-of-way in any designated front yard or of a required buffer or planting area.

            (2)   No paved portions of the parking area shall be located within five feet of any side or rear yard property line nor within a required buffer or planting area.

         (j)   Buffers and perimeter landscaping.  All applicable requirements for buffers and perimeter landscaping shall be met per § 7.8.

         (k)   Cart corrals.  Cart corrals shall be provided for commercial retail businesses over 35,000 square feet. The cart corrals shall not be located in required parking spaces, nor displace required landscape areas.

   Cart Corral

   (G)   Central Business District (CB) and Downtown Overlay District.

      (1)   In order to accommodate the unique built environment of the downtown, minimum off-street parking standards shall be provided at one-half of those required in Table 7.4: Schedule of Parking Standards.

      (2)   On-street parking of one space per 22 feet of street frontage may be counted towards required parking. On-street parallel parking shall be allowed.

   On-Street, Off-Street and Bicycle Parking in the CB District

      (3)   Parking spaces accessible to the disabled (whether off-street or on-street) will still be required at a rate of one space per 25 spaces with a minimum of one space.

      (4)   Required off-street loading and unloading spaces shall not be construed as being part of the required off-street parking spaces.

      (5)   No part of any alley shall be used to meet the minimum parking requirements of this ordinance.

   (H)   Drive-through stacking.  Drive through establishments shall provide stacking space for the queuing of vehicles awaiting service in accordance with the standards in Table 7.4: Schedule of Parking Standards and the following provisions.

      (1)   Each stacking space shall be 20-feet long and a minimum of nine-feet wide.

      (2)   Lane widths should be delineated with pavement markings. However, individual spaces within the lane need not be marked.

      (3)   Any drive-through use not listed in Table 7.4: Schedule of Parking Standards shall be required to provide at least four stacking spaces per drive-through window.

      (4)   Stacking spaces shall be in addition to the required parking spaces and must not be located within a required driveway, internal circulation system or parking aisle.

   (I)   Off-site and shared parking.

      (1)   Off-site parking.  Off-site parking may be allowed on another lot that is within 500 feet of the lot occupied by the use(s) for which it is required.

      (2)   Shared parking.  Two or more uses for which the normal hours of operation do not substantially overlap may share parking either on or off-site (example: a church may share its parking lot with a business, or with apartments located on upper-floors of adjacent businesses). The Planning and Zoning Administrator may grant a maximum 20% reduction in required parking.

         (a)   Applicability.  In order to reduce the total required parking in large mixed-use facilities in which uses operate at different times from one another, the following shared parking schedule may be substituted for required parking ratios in the facilities. However, the total number of parking spaces required per Table 7.4: Schedule of Parking Standards, shall not be reduced by more than 20%.

         (b)   How to use the schedule of shared parking.  Calculate the number of spaces required for each use if it were freestanding (refer to Table 7.4: Schedule of Parking Standards). Applying the applicable general land use category to each proposed site, use the percentages to calculate the number of spaces required for each time period, (six-time periods per use). Add the number of spaces required for all applicable land uses to obtain a total parking requirement for each time period. Select the time period with the highest total parking requirement and use the total as the mixed-use parking requirement.

 

      (3)   Approval requirements.  All off-site and shared parking space arrangements are subject to the approval of the Administrator. Approvals shall be based on the determination that the use of off-site and/or shared parking will not provide hardships for pedestrians, will not result in potentiality hazardous traffic conditions and will provide an adequate number of parking spaces for the uses involved. The parking needs of possible future uses of the property shall also be considered by the Administrator.

      (4)   Required documentation.  A permanent documentation of any off-site and/or shared parking agreement must be signed by all involved property owners. The permanent written agreement shall include, but is not limited to, the following items: maintenance; snow removal; ownership; and liability. The agreement shall be reviewed and approved by the Administrator and the City Attorney. A copy of the agreement shall be retained for the files of the Plan Commission. Cross-access easements shall be provided and recorded by each property owner to enable the sharing of parking facilities. Amendments to the agreement shall be subject to Administrator approval and be duly recorded with the County Recorder.

   (J)   Vehicle storage requirements.

      (1)   General provisions.  No vehicle may be parked or stored on any surface other than a paved driveway or enclosed within a structure.

      (2)   Unregistered and inoperable vehicles.  Unregistered and inoperable vehicles, including recreational, commercial or trailers of any type without current license plates and inspection sticker, or in an inoperable condition so as to be deemed dead storage, shall be prohibited in residential districts, unless located in completely enclosed buildings and shall not be parked or stored in any zoning district unless specifically authorized under the terms of this ordinance.

      (3)   Vehicle storage.  Except on property where a parking lot or parking garage is the permitted principal use, no vehicle, including recreational and commercial vehicles, shall be parked, stored or allowed to remain on a lot or parcel of land that does not contain a principal structure.

      (4)   Stored vehicles to be salvaged/repaired.  The outdoor storage of vehicles associated with permitted auto repair or salvage facilities shall be consistent with the following requirements.

         (a)   All vehicles, including antique vehicles, shall be stored within the rear or side yard. In no case shall the vehicles be stored in any front yard between the front building facade and the street, or within any buffer yard, required landscape area or required setback area.

         (b)   All storage areas for those vehicles shall be completely enclosed with an eight-foot tall, opaque wood, stone or masonry fence. Chain link fences may be permitted if supplemented by plant material that forms a continuous landscape screen composed of evergreens and a minimum of six-feet high. Gates allowing access to the storage areas shall be closed when not in use, and shall be a minimum of eight feet in height and 100% opaque.

      (5)   Recreational vehicle storage.  The storage or parking of recreational vehicles (including travel-trailers, boats, snowmobile or motorcycle trailers and the like) in residential zoning districts and associated with residential uses is subject to the following requirements.

         (a)   A recreational vehicle may be stored on a residential property provided the vehicle is fully enclosed by an opaque fence a minimum of six feet in height.

         (b)   A recreational vehicle may be parked in the front yard on a residential lot, outside of an enclosed structure only, for a period not to exceed a total of 48 hours in any one-week period.

         (c)   No more than one recreational vehicles may be parked outdoors on a residential parcel at any one time.

         (d)   At no time shall a recreational vehicle be occupied or used for living, sleeping or housekeeping purpose.

         (e)   The Planning and Zoning Administrator may require a land owner to verify that the vehicle is licensed and operational.

      (6)   Commercial vehicles in residential areas.  The storage or parking of a commercial vehicle in residential zoning districts or primarily residential PUDs or commercial districts shall be subject to the following requirements.

         (a)   The parking of a vehicle shall be limited to one standard size vehicle including cars, SUVs and pick-up trucks.

         (b)   The vehicle is parked in and fully enclosed in a permitted structure such as garage, accessory building or rear yard and is used by an occupant of the premises.

         (c)   Large trucks, vehicular machinery, semi-trailers or tractors or similar vehicles are prohibited from parking on local streets and in residential areas.

         (d)   The regulation shall not be interpreted to apply to commercial vehicles used for conveying the necessary tools and materials to premises where labor, using tools and materials, is to be performed during the time of parking vehicles, or to commercial vehicles in the process of temporarily loading or unloading deliverable goods.

   (K)   Bicycle parking.  All nonresidential uses shall provide one designated bicycle parking area for every 25 vehicle parking spaces required by this ordinance, with a minimum provision for two bicycle spaces. Each bicycle area shall provide adequate facilities for securing the parked bicycles.

 

(Ord. 07-16, passed 12-10-2007; Ord. 2009-04, passed 4-13-2009; Ord. 2017-12, passed 9-11-2017)

   (A)   Loading requirements.

      (1)   Loading berths required.  Adequate off-street loading berths and areas shall be provided in accordance with the following table for any building or structure which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles:

 

      (2)   Location relative to structure and right-of-way.  Off-street loading berths may be provided either within or outside of structures on the property.

         (a)   There shall be no maneuvering within any street right-of-way. In no case shall a loading berth be located in a manner as to require loading/unloading vehicles to back into a public right-of-way or overhang adjacent property.

         (b)   Space provided for use as any off-street loading berth shall not be used to satisfy any off-street parking space requirements of § 7.5.

      (3)   Location.  All required off-street loading berths shall be located on the same lot as the use to be served, and no portion of the vehicle shall project into a street or alley. Off-street loading berths in all districts except for the CB District:

         (a)   Shall not be located within 75 feet of the nearest point of intersection of any two streets;

         (b)   Shall not be located in a required front yard or the area between the front lot line and the front line of the principal building;

         (c)   Shall not be located in a minimum required side or rear yard or landscape buffer; and

         (d)   Shall not be located in the side yard adjoining a residential use or district.

      (4)   Size.  Each berth shall be as follows:

         (a)   For local pick-up and delivery trucks.  Twelve feet in width by 30 feet in length with a 45-foot maneuvering apron and a 12-foot height clearance; and

         (b)   For over-the-road tractor-trailers.  Fourteen feet in width by 60 feet in length with a 60-foot maneuvering apron and a 15-foot height clearance.

      (5)   Surfacing requirements.  All off-street loading berths shall be paved with concrete or other appropriate material meeting the durability requirements and as approved by the Planning and Zoning Administrator.

      (6)   Screening.  All loading berths on any lot abutting a residential zoning district or separated by an alley from a residential zoning district or adjacent to or in view from a public right-of-way shall be enclosed within a building or sufficiently screened and landscaped to conceal the doors of the loading berths and any vehicles that access the loading berths from view from the residential zoning district or right-of-way. Screening may consist of:

         (a)   A wing wall that is incorporated into or is an extension of the architecture; or

         (b)   Landscaping in accordance with Type D buffer as per Table 7.9: Landscape Buffer Types in § 7.8. Landscaping must serve as an effective screen within no more than three-years time.

   (B)   Semi-truck parking.  Semi-truck parking and/or semi-truck turn-around areas shall be designated by the use of signs and pavement markings. These areas shall be separated from parking and access areas used by automobiles or pedestrian traffic. Public streets shall not be used for semi-truck parking, standing or backing. The overnight parking of semi-trucks shall not occur between the hours of 10:00 p.m. and 7:00 a.m. except in designated areas of semi-truck travel centers (truck stops) and PBI or ID Zoning Districts.

(Ord. 07-16, passed 12-10-2007; Ord. 2009-04, passed 4-13-2009)

   (A)   Intent.  The intent of this section is to encourage signage which is compatible with and complements the architecture and scale of buildings and eliminates potential hazards to motorists and pedestrians.

   (B)   General requirements.

      (1)   Sign permit.

         (a)   Permit.  Except where noted in this ordinance, the erection, construction, enlargement, movement or conversion of all permanent and temporary signs, banners, exterior graphic displays and sign structures shall require a sign permit to be obtained from the Planning and Building Department in accordance with the provisions of this section.

         (b)   Application.  An application for a sign permit shall be filed with the Planning and Zoning Administrator and shall be accompanied by any information the Administrator determines is necessary to assure compliance with this ordinance, including, but not limited to:

            (1)   Clear and legible drawings with descriptions showing the location of the sign which is the subject of the permit;

            (2)   An indication of all existing and anticipated signs on the property;

            (3)   A dimensioned drawing showing the size of the sign area and the height of the sign;

            (4)   Description of sign materials and colors;

            (5)   Type of illumination; and

            (6)   Mounting details.

         (c)   Effect of sign permit issuance.  A sign permit issued under the provisions of this section shall not be deemed to constitute permission or authorization to maintain an unlawful sign nor shall it be deemed as a defense in an action to remove an unlawful sign.

         (d)   Expiration.  A sign permit shall become null and void if work has not been started within 30 days of the date the permit is issued or completed within 180 days of the date the permit is issued.

      (2)   Determining sign area.  The area of a sign shall be determined by multiplying the maximum vertical dimension of the copy by the maximum horizontal dimension of the copy including the extreme limits of characters, lettering or figures to the smallest circle, triangle or rectangle that can be used to enclose the extreme limits of characters, lettering or figures. Supporting members that bear no messages shall not be included when determining the sign’s area.

      (3)   Determining the height of a sign.  The sign height shall be measured from the elevation of the centerline of the nearest thoroughfare to the highest point of the sign, and include any poles or other supports unless otherwise specified in this article. In no case shall sign height be measured from the top of any berm or other artificial grade.

      (4)   Double-faced signs.  For all signs permitted by this chapter, a double-faced sign may be erected. Only the sign area of one of the two sides shall be considered the sign area. However, the two sides shall be identical and shall be placed back-to-back, and the maximum distance between the two sides shall not exceed two feet at any point.

      (5)   Aggregate sign area.  The maximum aggregate sign area shall be determined by adding together the sign area of each sign.

      (6)   Inspection.  Signs for which a permit is required may be inspected periodically by the Administrator for compliance with this chapter.

      (7)   Removal of sign.  The Administrator may order the removal of any sign erected or maintained in violation of this chapter, at the cost of the property owner, consistent with the provisions of Chapter 10.

      (8)   Maintenance.  All signs and their components shall be kept in good repair and in safe, neat, clean, attractive and structurally sound condition. Owners shall patch and paint damaged areas when signs are removed within 30 days.

      (9)   Abandoned sign structures.  A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises is no longer conducted on the premises. If the owner or lessee fails to remove it the Administrator shall give the owner ten days written notice to remove it. Upon failure to comply with this notice, the Administrator or his or her duly authorized representative may remove the sign at the cost of the owner. The Administrator has the authority to attach a lien to the property to recover costs incurred by the city.

      (10)   Illumination.  Signs may be internally or externally illuminated unless prohibited elsewhere in this ordinance or through other commitments. All illuminated signs must meet the exterior lighting standards of this section.

      (11)   Sign material.  Ground/monument signs shall be constructed of wood, ornamental metal, stone, masonry or other permanent material.

      (12)   Enforcement.  The enforcement of violations of the provisions of this chapter shall be as provided by Chapter 10.

      (13)   Landscaping.  A minimum of two square feet of landscaping per one-square foot of sign area shall be placed around the base of the sign. The landscape area shall consisting of shrubs, groundcover and perennial plant material. Turf shall not be used to satisfy this requirement.

      (14)   Signs and public safety.

         (a)   No sign or sign structure shall be placed on private or public property without the written consent of the owner or agent thereof, except for exempt signs.

         (b)   (1)   No sign or sign structure, other than official (INDOT, county or city) highway signs, shall be placed upon, over or in any street or highway right-of-way or any sidewalk, except where specifically allowed within this section.

            (2)   Awning, suspended and projecting signs permitted in the CB District shall require a permit and shall provide proof of insurance and attachment details prepared by an licensed engineer. These signs shall be no lower than nine feet above the finished grade.

         (c)   No sign or sign structure shall be erected at any location where it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device.

         (d)   No sign or sign structure shall be located in a manner as to materially impede the view of any street or highway intersection or the intersection of a street or highway with a railroad grade crossing. See also § 7.2.

      (15)   Removal.

         (a)   Any legally established nonconforming sign shall be permitted without alteration in size or location, unless movable or unattached, in accordance with § 3.3 of this ordinance. If the sign is damaged or dilapidated to an extent of more than 50% of its replacement cost at time of damage or repair, it shall not be rebuilt, provided, however, that nothing herein shall prevent maintenance, repainting or normal repair of legally established nonconforming signs.

         (b)   Whenever any movable or unattached sign is erected or maintained in violation of this ordinance, the sign may be removed at the cost of the owner of the sign by action of the Planning and Zoning Administrator after due notice is given to the person in interest.

         (c)   Signs illegally located in the right-of-way may be removed immediately by action of the Planning and Zoning Administrator without notice and may be stored in a location for a period of seven days for retrieval by the owner.

   (C)   Exempt signs.  The following signs shall not require a sign permit, shall be subject to the conditions specified, and shall not be subject to any other sign standards. These signs may not be illuminated, flashing or animated:

      (1)   Signs not exceeding one square foot in area and bearing only property numbers, address numbers, names of occupants of premises or other identification of premises not denoting commercial activity;

      (2)   Legal notices, identification, informational, warning, trespassing or directional signs erected or required by governmental units;

      (3)   Memorial plaques, historical markers, integral decorative or architectural features of buildings, except trademarks, moving parts or moving lights;

      (4)   Sponsorship signs, such as those located inside little league ball diamonds and at other athletic and community facilities, provided the signs are, in the opinion of the Administrator, oriented to those visiting and using the facility;

      (5)   Window signs that do not exceed 20% of the window area. Window signs that exceed this size shall be subject to the additional requirements herein and counted as part of aggregate sign area;

      (6)   Residential temporary signs, or yard cards, that do not exceed 12 square feet in area and are erected for less than three days;

      (7)   Sports spirit pennants that are less than two and one-half square feet mounted on the facade of a dwelling indicating support of a middle, high school or college student participating in organized school activities; and

      (8)   Flags, including flags of the United States, the state, the city and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, provided that the flag shall not exceed 24 square feet in area and shall not be flown from a pole the top of which is more than 30 feet in height.

      (9)   Political signs that do not exceed the maximum allowed sign area for any sign in the zoning district(s) in which the political sign is located. Political signs are subject to §§ 7.7(B)(14)(b), (B)(14)(c) and (B)(14)(d), prohibiting their placement in public rights-of-way or in locations where they may impede the view of traffic signs, traffic signals, other traffic devices or intersections. In addition, political signs may not be placed on any public or private property without consent of the property owner.

   (D)   Incidental signs.  The following incidental signs shall be permitted subject to the requirements of this section. These signs may be internally illuminated but not flashing or animated. These signs shall conform to all the requirements of the district in which they are located, with the exception of subsections (D)(1) and (D)(2) below which may encroach into the required setback distance, but not be located closer than 15 feet from any adjoining property line. A sign permit is required.

      (1)   Wayfinding signs.  Signs directing and guiding traffic, pedestrian or other control to specific noncommercial locations such as downtown or historic districts, parks, large public arenas or similar destinations within the city or county. They shall meet the State Department of Transportation standards if located on a state-controlled road. Wayfinding signage shall not incorporate corporate branding.

      (2)   Directional sign.  Signs designating entrances or exits to or from a parking or loading area on private property, limited to one sign for each entrance or exit. These signs shall not exceed four square feet in sign area each and shall be no higher than three feet above the grade of the adjacent right-of-way.

   (E)   Temporary signs.

      (1)   Construction signs.

         (a)   Conforming nonresidential uses and multifamily complexes with at least 15 dwelling units are permitted to display temporary signage as follows.

            (1)   The sign shall not be located in the right-of-way.

            (2)   One sign per street frontage of lot under construction, demolition, remodeling or rebuilding, which sign announces the character of the building enterprise, including names of architects, engineers or contractors or financiers, for a maximum of two signs per lot.

            (3)   The maximum sign area shall not exceed 32 square feet.

         (b)   All construction signs shall be removed when a certificate of occupancy is obtained.

      (2)   Real estate signs.  Real estate signs do not require a sign permit and shall be subject to the following standards.

         (a)   Commercial.  Signs advertising the sale or lease of a commercial property or the sale of a multifamily residence. In the Downtown Overlay District, one real estate sign shall be allowed for each lot frontage, not to exceed six square feet in area and four feet in height, indicating the sale, rental or lease of the premises on which it is displayed. In all areas outside the Downtown Overlay District, commercial signs advertising the sale or lease of commercial property or the sale of multifamily properties are allowed one real estate sign for each lot frontage not to exceed 15 square feet in area and six feet in height indicating the sale, rental or lease of the premises on which it is displayed. A sold sign may be attached to the real estate sign. Both signs shall be removed within seven days from the time the premises were sold, rented or leased.

         (b)   Individual homes.  One real estate sign shall be allowed for each lot frontage, not to exceed six square feet in area and four and one-half feet in height, indicating the sale, rental or lease of the premises on which it is displayed. A sold sign may be attached to the real estate sign. Both signs shall be removed within seven days from the time the premises were sold, rented or leased.

         (c)   Subdivision advertising signs.  One temporary sign per entrance with more than 200 feet of frontage is permitted to advertise the sale, rental or lease of real property. The sign shall not exceed 32 square feet of surface area, shall not be erected until the subdivision has been approved and recorded, and shall be removed when 50% of the planned subdivision has been occupied.

   Real Estate Signs

         (d)   Open house signage.

            (1)   Individual open house signs shall not exceed five square feet.

            (2)   Signage must be placed with the owner’s permission.

            (3)   Signs shall be placed outside of the right-of-way and only at corner locations.

            (4)   All open house signage shall be removed the same day that the event ends.

      (3)   Temporary advertising/special events.

         (a)   Banners.

            (1)   The banner shall not be displayed without first obtaining a temporary sign permit.

            (2)   The banner shall not exceed 24 square feet in area.

            (3)   The banner shall be affixed by all four corners to the building (excluding the roof) where the use associated with the banner is located.

            (4)   The banners shall not be permitted in the right-of-way.

            (5)   Signs shall not be placed on a property unless permission is granted by the property owner.

            (6)   One banner shall be permitted per business per year. The banner shall be permitted for a 30-day period and may be renewed one time for an additional 30-day period within 365 consecutive days. In no case, shall banners be erected for more than 60 days per year.

   Temporary Banner

         (b)   Pennants and balloons.  Retail businesses are permitted additional signage, in the form of flag pennants and balloons, for special events. The additional signage shall require a temporary sign permit per § 9.6. The signage shall be displayed for no more than ten consecutive days and for no more than two special events during a one-year period.

      (4)   Garage sale/yard sale signs.  Garage sale/yard sale signs shall be no more than six square feet in surface area and are no higher than three feet above adjacent grade. Signs may be erected no more than three days prior to the event and are to be removed within one day after the event. They do not require a sign permit.

   (F)   Prohibited signs.  It shall be unlawful to erect and maintain in any zoning district:

      (1)   Any sign which is not included under the types of signs permitted in this ordinance or which does not conform to the provisions of this ordinance;

      (2)   Any portable or movable sign or any sign which was designed to be portable or movable, including any sign with attached or attachable wheels;

   Portable/Movable Sign

      (3)   Any sign or sign structure affixed to a roof top or known as a roof top sign, which superstructure extends above the highest point of the roof;

      (4)   Inflatable signs or inflatable characters;

      (5)   Beacons;

      (6)   Banners that are not allowed under subsection (E) above of this ordinance;

      (7)   Animated signs that utilize any motion picture, laser or visual projection of images or copy in conjunction with any business or advertisement;

      (8)   A sign may not have exposed neon tube, bare bulb or flashing illumination;

      (9)   Signs that emit audible sound, odor or visible matter;

      (10)   Signs that imitate emergency vehicles, including signs that may be construed as a light of an emergency or road equipment vehicle;

      (11)   Signs that obstruct any door, fire escape, stairway or any opening intended to provide entrance or exit for any structure;

      (12)   Signs placed on vehicles or trailers parked on public or private property primarily for the purpose of displaying the sign. Prohibited signs do not include those displayed on vehicles parked for the purpose of lawfully making deliveries or random sales or service. Prohibited signs do not include vehicles which are customarily used for transporting persons or properties, and vehicles parked at a driver’s place of residence during non-business hours or for incidental purposes;

      (13)   Posters, placards and other similar signs attached to light poles, gas station canopy supports, gas station pumps, trees and elsewhere outdoors that are not included as permitted temporary or permanent signs as described by this article;

   Poster Sign

      (14)   No rotating beam, beacon rotating inanimate objects including automotive vehicles (whether operative or inoperative) or flashing illumination resembling any emergency lights shall be used in connection with any sign display, nor shall any sign make use of the words “Stop,” “Slow,” “Caution,” “Warning,” “Look,” “Danger” or any other word, phrase, symbol or character in a manner as to interfere with, mislead or confuse traffic;

      (15)   No amplification of radio music or other audio-advertising shall be permitted on the premises; and

      (16)   Corrugated cardboard yard cards of any size, on the property of any use other than residential. Residential yard cards are exempt in accordance with the conditions of subsection (C) above.

   (G)   Residential sign standards (SF, SF1, SF2, SF3, TR, MF, MH, CB and NB).

      (1)   Provisions.  The following provisions shall apply to residential uses located within the SF, SF1, SF2, SF3, TR, MF and MH Districts and residential uses within the CB and NB Districts. Signs in residential districts shall be allowed only if:

         (a)   The sum of the area of all signs on the lot conforms with the maximum permitted sign area as determined in this subsection;

         (b)   The size, location and number of signs on the lot conform with the requirements of this subsection;

         (c)   Provisions for maintenance shall be made for permanent residential subdivision identification signs; and

         (d)   Exempt signs in residential districts that do not require a permit include political signs, real estate signs, yard cards and sports team participants plaques.

      (2)   Subdivision entry.  Subdivision entry signs shall identify the subdivision and enhance the character of the entrance.

         (a)   One double-sided or two single-sided sign structures identifying a residential subdivision or multifamily development shall be permitted per entrance.

         (b)   The maximum size sign area shall not exceed 32 square feet in sign area.

         (c)   The sign structure shall not exceed a maximum height of six feet measured from the adjacent ground level. In no case may mounding or other alterations of the natural ground level be used as a point of reference for measuring sign height.

         (d)   Internal illumination shall not be permitted for signs in residential districts.

         (e)   The sign structure shall be set back a minimum of five feet from the right-of-way and shall be located outside of the sight visibility triangle per § 7.2. Entry signs placed in the right-of-way of a public street, such as in the median of a boulevard, shall be prohibited unless approved by the City Street Department and the Planning and Zoning Administrator.

         (f)   Signs for multifamily developments shall indicate only the name and address of the building, development or use and the name and address of the management thereof. These signs shall not include promotional information.

   Subdivision Entry Sign

      (3)   Home occupation.  Displays, signs and/or advertisements associated with a home occupation shall be permitted. Sign area shall not exceed one-square foot, and only one sign shall be allowed per residence. Signs shall not be illuminated. Signs shall require a sign permit.

      (4)   Model home/temporary sales facility signs.  Wall, awning or ground signs shall be permitted on the lot of the sales facility and limited to an aggregate square footage not exceeding 32 square feet of sign area. See also § 7.11. In addition, individual model homes may have one sign not to exceed four square feet. These signs shall be placed a minimum of ten feet from the right-of-way and ten feet from adjacent property lines, and in a manner consistent with the sight visibility standards of this ordinance.

   (H)   Nonresidential sign standards (CB, NB, PBC, PBO, PBI, ID and IN).

      (1)   General provisions.  The following provisions shall apply to all signs located within the CB, NB, PBC, PBO, PBI, ID and IN Districts of the city.

         (a)   Multiple frontages.  If a commercial use is located on a lot with multiple frontages the primary frontage shall be determined by the highest classification of the adjacent roadway. If adjacent roadways are equal in designation, the primary frontage shall be the longest frontage.

         (b)   Size.  No individual sign may exceed the size limits for its sign type as set forth in subsection (H)(2) below and Table 7.6: Permitted Signs.

         (c)   Aggregate maximum area.  The sign area maximum represents an aggregate amount of all signs listed below.

         (d)   Illumination.  Signs may be internally or externally illuminated. Externally lit signs, lights or reflectors shall not extend more than two feet from the face of the sign. Where a sign is illuminated by light reflected upon it, direct rays of light shall not beam upon any part of adjoining property.

         (e)   Setback.  The minimum setback for all nonresidential signs shall be five feet from the right-of-way. This includes the leading edge of any sign structure.

      (2)   Sign types.  The sign area, number and overall size of nonresidential signs for uses permitted in nonresidential districts shall be as follows:

         (a)   Monument/ground signs.

            (1)   Individual.  One monument/ground sign shall be permitted per street frontage.

               a.   The ground sign area shall not exceed 32 square feet.

               b.   The maximum height shall be eight feet.

               c.   The sign area of an ground sign shall not count toward the maximum sign area allowed per lot.

               d.   No ground sign may be located within 100 feet of another ground sign.

            (2)   Multi-tenant shopping centers.  The sign area for a multi-tenant development may exceed the maximum sign area by 50% for a maximum of 48 square feet if three or more tenants are displayed. Occupants/tenants within the shopping center may not display other monument/ground signs. The height may be increased to 12 feet.

   Multi-Tenant Monument/Ground Sign

            (3)   Second entry.  Frontages greater than 300 feet and with a second entry shall be permitted a secondary ground sign. The maximum area of a secondary ground sign shall be 24 square feet and a maximum height of six feet. In no case shall the total number of signs exceed two signs per frontage.

            (4)   Materials.  Sign structures shall be constructed of decorative materials such as brick, stone or other masonry, wood or metal.

            (5)   Landscaping.  Landscaping shall be as stated in § 7.8 of this chapter.

            (6)   Location.  Monument/ground signs, including any part of the sign structure, shall be located no closer that five feet from the right-of-way.

         (b)   Pole signs (freestanding).  Pole signs shall be allowed by conditional use in the PBC, PBI and ID Districts under the following conditions:

            (1)   Pole signs shall only be located within 1,000 feet of an interstate interchange.

            (2)   Pole-mounted signs shall not exceed 60 feet in height.

            (3)   The maximum sign area shall not exceed 200 square feet per side.

         (c)   Electronic message board sign.  A changing display/message composed of a series of lights incorporated with freestanding or wall signage that may be changed through electronic means of no less than 20 seconds. Sign area shall not exceed 25% of the aggregate allowable sign area. These signs shall be permitted in association with another allowable sign type for district in question.

         (d)   Off-premise signs.  Off-premise shall be permitted only by conditional use, and only in the ID District. Off-premise signs shall be located within 1,000 feet of an interstate interchange. Off-premise signs shall not exceed 40 feet in height and 300 square feet in sign area.

         (e)   Wall signs.

            (1)   One wall sign shall be permitted per tenant per frontage. The sign area shall not exceed two square feet per one linear foot of building with the exception of the CB District.

            (2)   Wall-mounted sign or sign structures, excluding projecting signs, shall not extend more than 12 inches horizontally from the wall.

            (3)   The maximum sign area shall not exceed 300 square feet. Refer to subsection (H)(3) below for CB District maximum.

            (4)   Secondary frontage sign shall not exceed 50 square feet.

            (5)   Wall signs shall not occupy more than 30% of the wall surface on which it is mounted to be in scale with the facade.

   Wall Sign

         (f)   Marquee and canopy signs.  Marquee and signs may project from the structure surface a maximum of four feet and may extend vertically to the roof line or up 18 feet, whichever is lower.

   Marquee Sign

         (g)   Awning signs.  Signs located on awnings shall be:

            (1)   Affixed flat to or painted upon the surface of opaque vinyl or canvas awnings;

            (2)   Shall not extend vertically or horizontally beyond the limits of the awning;

            (3)   Shall not cover more than 50% of the principal face of the awning; and

            (4)   If internally lit, only the sign area (copy) shall be illuminated.

         (h)   Projecting signs.  One projecting sign attached to the face of a structure shall be permitted for each qualifying street frontage. The sign area shall not exceed 16 square feet per face. In no case shall the sign structure extend more than four feet from or beyond its supporting building. No projecting sign shall be at its lowest point less than nine feet above grade level. Proof of insurance may be required.

   Projecting Sign

         (i)   Off-site directional signs.  Off-site directional signage for a permitted business use may be permitted by the Plan Commission in any business district, subject to a documentation of need on the part of the business owner. These signs shall not exceed 16 square feet in area and shall display only the name of the use and directional information.

         (j)   Suspended signs.  Suspended signs shall not be greater than four square feet in area and may display only the name and/or property number of the use. Where a suspended sign hangs over a sidewalk or other pedestrian path, there shall remain a vertical clearance of nine feet. Proof of insurance may be required.

         (k)   Window signs.  Window signs displayed on the ground floor shall not exceed 20% of the ground floor window area. Window signs displayed above the first floor shall be limited to one sign per frontage, not to exceed 25% of the floor’s window area.

         (l)   Flags.  Any flag not considered an exempt sign by subsection (C)(8) above shall be subject to regulation as the closest applicable sign type as determined by the Administrator.

         (m)   Ornamental banners.  Banners of cloth, canvas or flexible plastic affixed to light standards shall be permitted along streets within the Downtown or Thoroughfare Overlay Districts. The banners shall not exceed 12 square feet in area. The banners should be considered decorative in design utilizing a variety of images or colors of an ornamental nature that displays no on-premise or off-premise commercial advertising copy.

   Ornamental Banner

         (n)   Post signs.  Post signs, as defined by this ordinance, are encouraged in the CB and NB zoning districts for businesses located adjacent to residential property, or within a converted residential building. Signs shall be a maximum of six feet in height and shall have a sign area of no more than 20 square feet.

   Post Signs

         (o)   Signs for gas/service stations.  Due to the differing characteristics of filling/gas station sign requirements, the following sign provisions shall apply for filling stations.

            (1)   The lot shall be permitted the maximum signage for all structures as stated for commercial businesses in nonresidential districts. The total signage for the canopy, convenience store, car wash or other accessory or incidental uses including signs on pumps, canopy supports, pump handles and the like, shall not exceed that permitted for the district and shall be based on the linear feet of the building, not canopy.

            (2)   Signs such as “self serve,” “full serve” and pump numbers shall be permitted, provided the letters and numbers are no larger than six inches in height.

            (3)   Filling stations shall be permitted one set of gasoline prices (one price per fuel product) with letters and numbers no greater than 18 inches in height, visible from each direction of traffic from each street frontage.

      (3)   Central Business District (CB).  Due to the unique character of the CB District, the following additional provisions shall apply to signs. Additional sign standards for the CB District may be found in § 6.3 of this ordinance. Where these regulations are in conflict with other sign standards, the provisions of this subsection shall apply.

         (a)   Each sign shall be so designed as to match and/or complement the building style of the use to which it is accessory. Varied sign types are encouraged.

         (b)   Only the sign types set forth in this subsection (H)(3) and Table 7.6: Permitted Signs shall be permitted in the CB District. The following development standards shall apply to these signs.

         (c)   Aggregate sign area maximums (based on building frontage) shall not exceed 150 square feet. Individual sign maximums are as stated below:

 

 

         (d)   Sign area calculations for CB District uses.

            (1)   Wall signs.  Sign area shall be one and one-half square feet per one-linear foot of the structure.

               a.   Maximum permitted wall sign area shall not exceed 100 square feet.

               b.   Wall signs on the secondary frontage shall not exceed 50 square feet.

               c.   Wall signs shall not cover more than 50% of the wall surface on which they are mounted.

            (2)   Post signs.  Post signs are encouraged in the CB and NB Districts and should be appropriately scaled. The maximum sign area shall be 20 square feet per side.

            (3)   Window signs.  Window signs shall not cover more than 20% of any window.

            (4)   Sandwich /“A” frame.  Each building shall be permitted one sandwich board which will not be counted toward aggregate sign area. In a multi-tenant building, all tenants shall share the sign. The sign board, “A” frame or sandwich board shall not exceed three and one-half feet in height, two feet in width, or six square feet in area. The sign may be placed on a public sidewalk, provided it meets the following regulations.

               a.   The tenant shall be responsible for the placement and maintenance of the signs.

               b.   The sign shall not impede pedestrian traffic. A minimum sidewalk clearance of 42 inches shall be maintained and shall be approved by the Board of Public Works and Safety.

               c.   The sign board shall be used only during business hours and must be removed from the public sidewalk and stored indoors when the business is not open for business.

               d.   Each sign must be located within ten feet of the main entrance of the business for which it is established.

   Sandwich/“A” Frame Sign

            (5)   Awning signs.  Awning signs are encouraged and shall be as specified in subsection (H)(2) above.

   Awning Signs

            (6)   Projecting signs.  Projecting signs shall be permitted in the CB District and shall be as specified in subsection (H)(2) above.

            (7)   Marquee.  Refer to subsection (H)(2) above.

            (8)   Secondary entrances.  Signs for secondary entrances from rear parking lots shall be permitted. Maximum sign area shall be six square feet.

            (9)   Lighting and animation.  Signs in the CB District may not be animated, flashing or internally lit. Externally lit signs are permitted, provided, however, light reflectors shall not extend more than two feet from the face of the sign, and direct rays of light shall not beam upon any part of adjoining property.

   Externally Illuminated Sign Using Gooseneck Lamps

            (10)   Painted signs.  Painted signs may be permitted as part of an artistic concept upon review and approval by the Plan Commission.

         (e)   Residential uses located within the CB district shall be subject to the regulations for residential uses within subsection (G) above.

 

(Ord. 07-16, passed 12-10-2007; Ord. 2008-13, passed 12-8-2008; Ord. 2008-07, passed 7-28-2008; Ord. 2009-04, passed 4-13-2009; Ord. 2014-06, passed 4-8-2014)

   (A)   Intent.  The intent of this section is to establish minimum standards for the provision, installation and maintenance of landscaped areas to:

      (1)   Improve the overall aesthetics and enhance the appearance of the city;

      (2)   Increase the compatibility of development with adjacent development and the natural environment;

      (3)   Provide physical and psychological benefits to citizens;

      (4)   Improve environmental quality by reducing noise, glare, stormwater run-off and heat buildup; and

      (5)   Protect and enhance property values.

   (B)   General provisions.

      (1)   Applicability.  This section shall apply to all public, private and institutional development, except that previously approved development need not comply (§ 1.5 Transition Rules) unless new site development approval is being sought.

      (2)   Compliance.  All development requiring a development plan or final detailed plan shall submit a detailed landscape plan as part of the construction set. A conceptual landscaping plan shall accompany concept plans, preliminary plans and primary plats.

      (3)   Visibility.  Where the rigid enforcement of these standards creates a conflict with the site visibility triangle (§ 7.2), the site visibility triangle shall take precedence, and the landscape requirements may be relocated or reduced to the extent necessary to alleviate the conflict upon approval of the Planning and Zoning Administrator.

      (4)   Preservation of existing features.  Existing trees and shrubs shall be preserved wherever feasible.

         (a)   When existing healthy trees or significant natural landscape features impede strict compliance with the standards, the submittal of an alternative landscape plan which incorporates the existing features into the overall site design is encouraged.

         (b)   Existing trees may be used to fulfill tree planting requirements if the trees are in a healthy and growing condition and not included in Table 7.18: Non-Qualifying Trees. The Planning and Zoning Administrator may approve existing trees which are not included on the plant lists.

         (c)   Existing trees which fulfill tree planting requirements shall be protected from construction activities through the use of construction fences, barricades or other applicable methods during site preparation and construction. Protection measures shall be placed outside of the drip line of the plant material to be retained. These barricades shall remain in place during construction, and no vehicle, machinery, tools, chemicals, construction materials or temporary soil deposits may be permitted within the barriers, nor may any notice or other object be nailed or stapled to protected trees. This information shall also be shown on the site grading and demolition plans.

   Construction is Not Permitted Within the Drip Line

         (d)   A minimum of 75% of the protected area shall be maintained as permanent permeable landscape area at grades existing prior to site development.

         (e)   Tree wells, tree walls or specialized fill and pavement designs shall be required in cut and fill situations and shall be fully detailed on the landscape plan.

   (C)   Content of landscape plan.  When required, a landscape plan shall conform to the following standards.

      (1)   A landscape plan is required for each proposed development. The landscape plan may be prepared by a landscape professional or nurseryman experienced in landscape design and the installation and care of plant materials, but shall be sealed by a licensed landscape architect.

      (2)   All landscape plans submitted for approval as a component of a required development plan shall be prepared to scale on 24-inch by 36-inch sheets and shall contain the following information:

         (a)   The location and dimensions of all existing and proposed structures, parking lots and drives, roadways and right-of-way, sidewalks, refuse disposal areas, utility lines and easements, freestanding structural features, signs and other landscape improvements, such as earth berms, walls, fences, screens and paved areas;

         (b)   The name and address of the owner, developer and who prepared the plan, the date the plan was prepared, scale and north arrow;

         (c)   The location, quantity, size and name, both botanical and common, of all proposed planting materials;

         (d)   The location, size and common name of existing trees and individual shrubs, areas of dense trees or shrubs and other natural features, indicating which are to be preserved and which are to be removed;

         (e)   The location of barriers to be placed at or beyond the drip line of any trees to be preserved, and the type of material to be used for the barrier;

         (f)   Details indicating specific grading measures or other protective devices where trees are to be preserved in areas of cut and fill; and

         (g)   Planting and installation details as necessary to ensure conformance with all required standards.

   (D)   Installation.

      (1)   Plant materials shall conform to the requirements described in the latest edition of the American Standard for Nursery Stock, which is published by the American Association of Nurserymen. Plants shall be nursery grown.

      (2)   Plants shall conform to the measurements specified below.

         (a)   Caliper measurements shall be taken six inches above grade for trees under four inches in diameter and 12 inches above grade for trees four inches or larger in diameter.

         (b)   Minimum branching height for all shade trees shall be four feet.

         (c)   Minimum size for shade trees shall be two and one-half inches in caliper.

         (d)   Minimum size for ornamental trees shall be one and one-half inches in caliper.

         (e)   Minimum size for evergreen trees shall be six-feet high.

         (f)   The minimum size for required screening shrubs is 24 inches. Species selected shall attain the required minimum mature height of 36 inches within two years.

         (g)   The Plan Commission may impose a condition at the time of site or development plan approval, that plants be larger at the time of installation.

   (E)   Maintenance.

      (1)   Generally.  Trees, vegetation, irrigation systems, fences, walls and other landscape elements are considered elements of a project in the same manner as parking and other site details.

      (2)   Maintenance requirements.  The owner of the property shall be responsible for the continuous proper maintenance of all landscaping materials, and shall keep them free from refuse and debris and in good repair at all times.

         (a)   Replacing landscaping materials.  All plant material which dies shall be replaced with plant material of the required size within 30 days of the plant material’s death. This period may be extended if weather conditions inhibit installation of new plant materials.

         (b)   Trimming plant material.

            (1)   Landscape materials are intended to grow, spread and mature over time. Landscaping materials used to fulfill requirements of this chapter may not be pruned or otherwise treated so as to reduce overall height or level of opacity.

            (2)   Pruning, limbing-up, topping and other inhibiting measures including removal may only be practiced to ensure the public safety or to preserve the relative health of the material involved (e.g., parking lot screen plantings shall not be lower than 36 inches three years past installation).

            (3)   Where a continuous solid screen is required, the frequency of the planting shall accomplish the formation of a solid visual screen within three years of the date of planting.

   Trimming of Plant Materials Intended for Screening or Buffering Is Discouraged

   (F)   Approved plant materials.

      (1)   Tables 7.11 through 7.17 contains approved trees, shrubs and ground cover to be used to meet the landscaping and buffering requirements of this ordinance. Species native to the state are encouraged. The lists are not inclusive of all available plant material. Unlisted plant material may count toward requirements upon review and approval by the Planning and Zoning Administrator or his or her designee.

      (2)   The tables of plant materials included in this ordinance are classified by type. Trees are grouped into three categories: shade trees, ornamental trees and evergreens. Shrubs are grouped by height: small shrubs (< three feet), medium shrubs (three to six feet) and large shrubs (> six feet). Plant materials not listed on the tables will be assigned a classification based on height, spread and/or crown at maturity, using the best available resources to determine mature characteristics.

         (a)   Trees proposed for streets, parking lots and similar shall be broadleaf, deciduous species as listed in Tables 7.11 through 7.13.

         (b)   Trees proposed to meet landscaped buffer/screen requirements shall include evergreens and may be from either Table 7.11: Trees for Planting on Streets, Highways and Parking Lots (generally with high canopies, shade producing, hardy) or Table 7.12: Trees for Planting on Streets and Highways that minimize conflict with overhead utilities in this section.

         (c)   Shrubs are divided by size to suit their particular function and may come from Tables 7.14 through 7.16 of this section.

         (d)   Grasses used in designated common areas or usable open spaces should be native plantings and cool season grasses to limit the necessity for pesticides, fertilizers or other chemicals, and to reduce mowing frequency.

      (3)   For design flexibility, plant substitutions may be made on the following basis upon approval by the Planning and Zoning Administrator, unless otherwise noted:

         (a)   One ornamental tree equals one evergreen tree;

         (b)   One large shrub equals two medium shrubs or four small shrubs; and

         (c)   One medium shrub equals two small shrubs.

      (4)   Earthen berms and/or opaque fences or walls may be used in combination with the plant materials specified above, provided they meet the following requirements.

         (a)   Earthen berms shall have a maximum slope of three to one, shall be a minimum of three feet and a maximum of six feet in height, and must be entirely vegetated with lawn or ground cover within two years of the date of planting.

         (b)   Opaque fences or walls shall be constructed of wood, brick, masonry or other material approved by the Administrator.

      (5)   Non-qualifying plant material. In no instance shall any tree listed in Table 7.18: Non-Qualifying Trees be used to meet any landscaping requirements of this ordinance.

   (G)   Utility easement conflicts.  Plant material shall be located in areas in areas exclusive of drainage and utility easements and overhead utilities. Plant material shall not be placed in the road/street right-of-way without permission from the City Street Department or INDOT.

   (H)   Completion.  A final certificate of occupancy shall not be issued until all landscaping shown on the landscape plan has been installed. A temporary certificate of occupancy may be issued for the property for a period of up to six months as weather conditions permit landscape installation, provided that the developer shall submit a financial guarantee in the amount of 125% of the installed cost of landscaping when planting has to be delayed.

   (I)   Enforcement.  Failure to implement the approved landscape plan, including preservation of existing features, or to maintain the landscaping in accordance with the provisions of this section shall be a violation of this ordinance subject to the penalties outlined in Chapter 10.

   (J)   Parking.

      (1)   General.

         (a)   (1)   All landscape areas shall be separated from vehicular use areas by concrete curbing. Roll curbs may not be used for this separation if within 15 feet of a pedestrian use area.

            (2)   A partial curb separation will be allowed if landscaping is intended to filter stormwater as part of approved innovative stormwater drainage solutions (best management practices).

         (b)   All landscaped areas at the front line of off-street parking spaces shall be protected from encroachment or intrusion of vehicles through the use of concrete wheel stops. Wheel stops shall have a minimum height of six inches above the finish surface of the parking area, be properly anchored and continuously maintained in good condition. Wheel stops shall not be placed in locations of anticipated intense pedestrian traffic. As an alternative, curbing can be extended to serve the same purpose, if approved by the Administrator. Wheel stops constructed of plastic are prohibited.

         (c)   Plant materials required for landscaping and screening may be arranged and clustered throughout the site for uses or for areas along a lot’s perimeter where a continuous screen is not required.

      (2)   Parking lot interior landscaping.  A minimum of 5% of the gross area of the interior vehicular use area of a parking lot shall be landscaped. Required perimeter parking lot landscaping and/or buffering shall not be included toward satisfying this requirement.

         (a)   For parking lots with 30 or more parking spaces, if the amount of parking provided exceeds the required minimum by more than 10%, an additional 5% of interior landscaping shall be required. Some of the landscaping requirements for excess parking may be waived if either pervious pavement or landscape islands that function as swales and provide stormwater filtration are used.

         (b)   Landscaped areas should be evenly distributed throughout the parking lot in the form of landscaped islands in order to reduce the visual impact of long rows of parked cars. Shade trees shall be spaced a maximum of 100 feet apart in the interior vehicular use area, with the intent to equally distribute the trees throughout the area.

         (c)   One hundred percent of the landscaping area shall be planted with living ground cover.

         (d)   Appropriate ground cover may include shade trees, ornamental trees, shrubbery, hedges and grasses. However, at least one shade tree shall be provided for every 240 square feet of required interior landscaped area. See subsection(F) above for suitable plant types.

      (3)   Parking lot perimeter landscaping.  All on- or off-street parking regulated by this section shall have a perimeter landscaped area at least five feet wide. This perimeter landscaping shall extend the full perimeter of the parking lot. Development within the Thoroughfare and Interstate Overlay Districts require a wider buffer as per Chapter 6.

         (a)   One hundred percent of the landscaping area shall be planted with living ground cover.

         (b)   A Type C buffer shall be required on the perimeter or parking areas adjacent to public or private streets or residential districts or uses. Where there are existing deciduous or evergreen trees located in the right-of-way adjacent to the parking area or within the corridor buffer, these trees may be used to satisfy the planting requirement. When determining the number of trees required, fractions shall be rounded up to the next higher whole number. See subsection (F) above for suitable plant types.

         (c)   An exception may be made for car or other large vehicle sales where uninterrupted views of merchandise are needed. In this case, the plant material required per 100 linear feet shall be four shade trees and nine shrubs. All non-merchandise parking areas, including, but not limited to, customer and employee parking shall be subject to the regular parking lot perimeter landscaping requirements.

   (K)   Streets.

      (1)   Residential streets.

         (a)   One canopy tree shall be required per 45 linear feet. Refer to Tables 7.11 and 7.12 for suitable tree types.

         (b)   Street trees shall be located in a planting strip between the street and the sidewalk. If this is not possible due to lack of right-of-way, narrow existing planting strip or other reason as deemed appropriate by the Administrator, street trees shall be planted at the back of sidewalk but no greater than ten feet from the right-of-way.

         (c)   To minimize conflicts with overhead and underground utilities, street trees where an infrastructure exists shall come from Table 7.12: Trees for Planting on Streets and Highways that Minimize Conflict With Overhead Utilities which includes trees with non-invasive root structures and trees of appropriate height. In addition, root barriers should be utilized to shield infrastructure from tree roots.

      (2)   Nonresidential streets.  This section applies to all commercial, institutional, industrial or other nonresidential land uses.

         (a)   Corridor buffer.  The streetscape shall be landscaped with the Type B buffer. Required parking lot perimeter landscaping may be included within the Type B buffer if the parking lot is adjacent to the required streetscape buffer.

         (b)   Tree locations.  All required trees may be located in clusters or dispersed throughout the yard.

         (c)   Lot plantings.  Additional planting shall be required on lots according to Table 7.7: Lot Planting Requirements. For the purposes of this section, the yard shall mean all areas of the property not covered with structures, parking areas or other hard surfaces. Other landscape areas required by this chapter and required buffer yards shall not be included in the calculation of yard area.

 

 

   (L)   Residential subdivision landscaping.

      (1)   Landscaping.  Landscaping as stated below shall be required for all single-family, multifamily and manufactured home park subdivision development prior to the issuance of a certificate of occupancy. Extensions of up to 120 days may be granted to take advantage of optimal planting conditions. Individually or custom constructed residences shall provide landscaping within 180 days after the certificate of occupancy is issued.

      (2)   Subdivision perimeter landscaping.

         (a)   Perimeter plant material.  Perimeter plant material shall be provided on the perimeter of subdivision development when adjacent to a public or private street as follows:

            (1)   A 20-foot wide landscaping area adjacent to the road or right-of-way. The landscaping shall be located in an area designated as “common area.” All attempts should be made to avoid conflicts with drainage and utility easements that would prevent the installation of landscape materials in accordance with the ordinance.

            (2)   Trees shall be provided at a minimum rate of six trees per 100 linear feet of perimeter planting. Perimeter plantings shall be a roughly equal mix of deciduous canopy trees and evergreen trees.

            (3)   Shrubs shall be provided at a minimum rate of ten per 100 linear feet of perimeter planting.

            (4)   The required number of trees and shrubs shall be prorated and rounded up to the nearest whole number for every foot over the initial 100 feet.

            (5)   It is suggested that the required trees and shrubs be planted in clusters or irregular patterns; and shall be combined with fences, walls or mounds.

         (b)   Perimeter fences/walls/mounds.  One of the following landscaping options shall be required in addition to the plant material.

            (1)   Decorative perimeter fences/walls shall be combined with plant material and shall be constructed of masonry, stone, wood or decorative metal. Fences/walls constructed of synthetic materials that simulate natural materials will also be considered. Fences/walls shall be at least 36 inches in height, but not over 72 inches in height. Fencing/walls may only be provided by the developer and only located in the area designated as “

            (2)   Mounds shall be combined with plant material, as described above, and may include fencing. Mounds shall be located in an area designated as “common area” or “landscape easement.” Mounds shall be a minimum of six feet in height. Maximum side slope shall not exceed a three to one ratio. Engineering design requirements shall determine the setback from the right-of-way line of a public or private street and from the property line of an adjoining property. Continuous mounds (levee look) are not permitted.

      (3)   Individual residential lots.  The minimum landscape package for front and side yards shall be consistent with the table at below and the following:

         (a)   The minimum number of shrubs required is a total for the side and front yard combined, not for each yard individually.

         (b)   Lots that have existing trees in the front yard that meet the required minimum shall not be required to plant additional trees. In order for the existing trees to qualify as an existing tree, it must be a minimum size of two-inch caliper measured six inches above the existing ground elevation at the base of the tree and be part of the finish landscape package upon completion of the residence and the final lot grading.

         (c)   In addition to the above requirements, landscape packages for corner lots shall include a street side yard (which shall be defined as the yard fronting the street on the side of the house that does not face the street) planting of one evergreen tree and eight shrubs. The street side yard shall be sodded or covered with other living loam substitute for all developments designated SF1, SF2, SF3, TR and NB Districts.

         (d)   All trees shall be planted so that upon maturation the branches and limbs shall not interfere with the adjacent property use. Any tree becoming a nuisance shall be trimmed or cut back to eliminate the nuisance by the property owner.

         (e)   Plant material shall be placed out of the sight visibility triangle (§ 7.2). There should be a clear visibility zone between 36 inches and eight feet maintained by the property owner.

 

 

   (M)   Retention pond landscaping.

      (1)   Shrubs and emergent vegetation are encouraged to be planted on pond perimeters. These plants may be exempt from minimum required plant sizes set forth in subsection (D) above.

      (2)   The use of this plant material is more desirable than non-native manicured turf in order to provide color, filter runoff, limit waterfowl and improve water quality.

         (a)   Choose plant material that is native to the state.

         (b)   Pond edge seed mixes are available from local suppliers. Pond edge landscaping may also be established from seed.

         (c)   Maintenance shall be consistent as it may take up to three years to mature.

   (N)   Sign landscaping.  Landscaped area shall be required around the base of a sign at the rate of two square feet per one-square foot of sign area.

   (O)   Landscaped buffer and screen requirements.

      (1)   Determination of landscape buffer requirements.  Buffering and screening standards are employed to minimize the appearance of service and utilitarian areas of a site and to lessen the potential conflicts between dissimilar uses located in adjacent districts. The potential degree of conflict between the zoning districts determines the extent of the buffer required. The buffer width is in addition to the required setbacks of the district.

      (2)   Buffer types.  Buffer types A through F and their descriptions can be found in Table 7.9: Landscape Buffer Types.

      (3)   Buffer yard location.  All required buffer yard areas shall be provided entirely on the subject property. The buffer yard standards only apply along the property lines where the two dissimilar zoning districts meet as specified in the Table 7.10: Landscape Buffer Requirements. The required buffer yards shall be installed despite the presence of streets, alleys and other features. Existing mature vegetation (such as streams and fence rows) may be credited towards required buffering. The required buffer yards shall meet the following minimum standards:

         (a)   Responsibility.  The developer or owner of the property being developed or otherwise changed in use is responsible for installing the buffer yard at the time of that development or change. The adjacent property owner shall not have to participate in installing the buffer yard.

         (b)   Planting location.  Required bufferyard trees may be placed either at regular intervals or in irregular patterns representing a natural landscape providing the screen is continuous and effective. However, no two buffer yard trees (excluding evergreen trees) shall be placed within ten feet of one another. No buffer yard or required landscape materials shall be placed within any easement, right-of-way or septic field. Evergreens shall be distributed throughout the bufferyard in a manner as to ensure that a screen is still visible during the fall, winter and spring seasons.

         (c)   Plant types.  All required plant material for screening purposes shall be a minimum of 50% evergreen.

         (d)   Groundcover.  All portions of the buffer yard not planted with trees, shrubs or other landscaped materials shall be covered with grass or other groundcover vegetation. Landscaping stone or other non-vegetative surfaces may not be substituted for groundcover unless otherwise approved by the Administrator.

      (4)   Loading area screening standards.  Vehicle loading areas shall be screened from public and private roads and adjacent residential districts or uses. A Type D buffer shall be used (Table 7.9: Landscape Buffer Types).

      (5)   Dumpster screening.  Nonresidential and multifamily refuse, grease and recycling disposal dumpsters shall be screened on three sides by the construction of permanent opaque wooden, brick or masonry screens. The screening shall be a minimum of six feet in height and a maximum of eight feet in height. The fourth side which provides access to the dumpster for refuse collectors shall be gated and situated so that the container is not visible at an angle greater than 45 degrees from adjacent public streets.

      (6)   Outdoor storage screening.  All nonresidential manufacturing, assembling, construction, repairing, maintenance and storage which takes place outdoors within view of a public street or a residential zoning district shall require a landscape buffer of Type D or E as described in Table 7.9: Landscape Buffer Types and as determined by the Administrator or the Plan Commission.

   Buffer Type A      Buffer Type B         Buffer Type C

   Example of Some Buffer Types

         (a)   All other storage shall be completely enclosed by a eight-foot high screen consisting of a solid fence, masonry wall, dense plant material or any combination thereof. (See Table 7.9: Landscape Buffer Types, Types E and F).

         (b)   In instances where a non-opaque or open fence is used (chainlink), landscaping consisting of evergreen plantings shall be provided around the exterior perimeter of the required fencing planted at a rate to form a screen a minimum of six feet high.

      (7)   Roof-, ground- and building-mounted equipment.  All roof-top and ground-mounted mechanical equipment, such as HVAC units, shall be screened from the view of all public streets by parapets, dormers or other screens. The material of all screens shall be consistent with the exterior materials used on the facade of the structure.