Leo Cedarville City Zoning Code

DEVELOPMENT STANDARDS

§ 152.125 INTRODUCTION.

All structures, buildings, land uses, structural alterations, structural relocations, structural additions, and structural enlargements that are constructed, created, established, or occur after the effective date of this chapter (except as may otherwise be provided within this chapter) shall be subject to all development standards and regulations for the applicable zoning district.

(Ord. passed - - )

§ 152.126 DEVELOPMENT STANDARDS THAT APPLY.

Under the sections below are development standards that are arranged by category. To determine which development standards apply to the subject zoning district, refer to the “Additional Standards that Apply” for that subject Zoning District. The four digit codes noted in the “Additional Standards that Apply” sections for each Zoning district can be found in the sections below. Only the four digit codes noted in the “Additional Standards that Apply” section for each Zoning District apply to that Zoning District.

As an example, the four-digit code “LY-01" can be found under the “Additional Standards that Apply” section for the Neighborhood Commercial (NC) District. Therefore, the Development Standards following the section below labeled “LY-01" would apply to Neighborhood Commercial (NC) Districts.

(Ord. passed - - )

§ 152.127 LOT/YARD STANDARDS (LY).

(A) All existing conflicts with the lot/yard regulations at the effective date of this chapter shall be considered a legal non-conforming structure.

(B) Except hereinafter provided, no building or structure shall be erected unless such building or structure conforms; and no building or structure shall be altered, enlarged or reconstructed unless such alteration, enlargement, or reconstruction conforms with the lot/yard regulations of the district in which it is located, as follows:

(1) Front yard requirements. The minimum front yard depths shall be as noted in the District Standards for each zoning district found in §§ 152.040 through 152.045, 152.060 through 152.064, and 152.075.

(2) Side yard requirements. The minimum side yard depths shall be as noted in the District Standards for each Zoning District found in §§ 152.040 through 152.045, 152.060 through 152.064, and 152.075.

(3) Rear yard requirements. The minimum rear yard depths shall be as noted in the District Standards for each Zoning District found in §§ 152.040 through 152.045, 152.060 through 152.064, and 152.075.

(Ord. passed - - )

§ 152.128 HEIGHT STANDARDS (HT).

HT-01. No structure may be erected or changed so as to make its height greater than specified for the subject zoning district, except as noted below. Exceptions to height standards include:

(A) Church steeples;

(B) Municipal water towers;

(D) Transmission towers;

(E) Necessary mechanical appurtenances;

(F) Elevator bulkheads; and

(G) Chimneys.

(Ord. passed - - )

§ 152.129 ACCESSORY USES/STRUCTURES STANDARDS (AC).

(A) AC-01. Accessory uses/structures shall comply with all development standards for the subject zoning district. Also, no accessory uses/structures shall encroach on any platted easement unless written consent of the agency that has jurisdiction over the easement is provided. The granting of an ILP does not mean that no easement is present. The Zoning Administrator is not responsible for locating easements, rather the property owner is responsible for determining the existence of easement rights on the subject property. A fence built over a utility or other easement may be torn down by the easement holder, and the cost of repairing the fence will be the sole responsibility of the fence owner. Furthermore, no accessory structure that has a foundation or which has any part built below ground, shall be constructed within 15 feet horizontally from the centerline of any easement for a sanitary sewer main.

(1) Accessory uses/structures are not allowed on a lot prior to any primary structure being constructed. Accessory uses/structures also must relate to the primary structure and its uses.

(2) The following accessory uses are permitted, but must abide by all applicable standards:

(a) Free standing antenna or satellite dishes over 400 square inches;

(b) Bath houses;

(d) Detached garages;

(e) Fences;

(f) Gazebos;

(g) Greenhouses;

(h) Mini barns;

(i) Patios;

(j) Pole barns;

(k) Sauna;

(l) Sheds;

(m) Sport courts; and

(n) Swimming pools.

(B) AC-02. All permissible accessory uses/structures shall abide by the following standards:

(1) Accessory uses/structures may not exceed 40% of the floor area of the primary structure.

(2) No accessory structure may be placed in the front yard on a lot.

(3) No swimming pools, hot tubs, mini barns or bath houses may be placed in the side yard or front yard on a lot.

(C) AC-03. Accessory uses/structures shall comply with all development standards for the subject zoning district. Also, no accessory uses/structures shall encroach on any platted easement without written consent of the entity the easement belongs to or is managed by.

(1) Accessory uses/structures are not allowed on a lot prior to any primary structure being constructed. Accessory uses/structures also must relate to the primary structure and its uses.

(2) The following accessory uses are permitted, but must abide by all applicable standards:

(a) Free standing antenna or satellite dishes over 400 square inches;

(b) Decks;

(d) Gazebos;

(e) Greenhouses;

(f) Parking lots;

(g) Patios; and

(h) Sheds.

(D) AC-04. All permitted accessory uses/structures shall abide by the following standards:

(1) Only parking lots may be placed in the front yard on a lot; and

(2) Only parking lots, greenhouses, gazebos, and patios may be placed in the side yard on a lot.

(Ord. passed - - ; Ord. 2021-08, passed 10-19-2021)

§ 152.130 TEMPORARY USES/STRUCTURES STANDARDS (TU).

(A) TU-01. Temporary uses or structures that abide by all applicable development standards for the subject district are permitted. The following standards also pertain to temporary uses/structures.

(1) Transition to permanent or accessory uses/structures. Any temporary use or structure that is intended to transition into a permanent or accessory use/structure must meet all standards for a permanent or accessory use/structure. Further, the intent to transition any temporary use/structure to a permanent or accessory use/structure must be presented upon application for such temporary uses/structures. In the event the intent is not noted upon application, the transition to a permanent or accessory use/structure will not be permitted for one year from the application date or date the temporary use/structure is installed; whichever is sooner.

(2) Duration. All temporary uses/structures are subject to a maximum duration unless otherwise specified in this chapter. All temporary uses/structures shall be permitted for the period of time to be stipulated on application.

(3) Permit. All temporary uses/structures will be required to have a temporary improvement location permit and will be subject to fees in the fee schedule resolution, unless otherwise noted in this subchapter.

(4) Cessation of use. All temporary uses/structures must, upon cessation, remove all structures, elements, and debris; and revert all alterations to the original site to its original state. All removal and alterations must take place within the permitted duration.

(B) TU-02. Temporary uses permitted include:

(1) Garage sales;

(2) Children’s roadside stand (no permit necessary); and

(3) Tents for a private party/event (no permit necessary).

(1) Outdoor sales;

(2) Temporary signs (see Sign Regulation, §§ 152.205 - 152.217); and

(3) Tents for sales and business events.

(Ord. passed - - )

§ 152.131 HOME OCCUPATION STANDARDS (HO).

(A) HO-01 Standards. The intent of the home occupation provisions is to allow reasonable business practices within residential zoning districts. Further, the intent is not to allow the loss of the residential district’s character or function as a residential area or neighborhood. To regulate reasonable business practices and residential character, the following standards apply to all home occupations:

(1) Any home occupation conducted in a dwelling must:

(a) Not involve retail business or manufacturing business;

(b) Not involve the employment of any more than one person who will work at the location of the home occupation;

(d) Not include the use of any mechanical equipment, other than what is usual for purely domestic or hobby purposes;

(e) Not involve any exterior storage or display of equipment or materials used in connection with the home occupation; and

(f) Not utilize more than 25% of the total floor area of any one story including the space in garages and storage areas.

(2) There shall not be any exterior, structural or aesthetic alterations to the dwelling unit to accommodate for the home occupation.

(3) There shall not be any room additions or other structural/aesthetic alterations that change the residential character of the dwelling unit.

(4) There shall not be an advertised entrance to the dwelling unit for the purpose of conducting business or to accommodate the business.

(5) Traffic generation due to the business must not exceed what is normal and acceptable in the residential district.

(6) Off-site signs shall not be permitted.

(7) No business practice, function, equipment, or process shall create electrical interference, odors, noise, vibration, light, smoke, fumes, or any thing offensive beyond the property line for the dwelling unit.

(8) No home occupation that demands enhancement to the water, gas, septic, sewer, or electrical system shall be permitted even if stated as a permitted use.

(9) No additional parking may be added to the existing dwelling unit parking to accommodate for the home occupation.

(10) Use of commercial vehicles for pick-up and deliveries other than from the U.S. Postal Service, UPS, and other express couriers is not permitted when associated with the home occupation.

(B) Permitted and non-permitted home occupations.

(1) The permitted home occupations shall be of a personal service nature limited to domestic crafts and professional service, including but not limited to:

(a) Dressmaking;

(b) Sewing;

(d) Tailoring;

(e) Ironing;

(f) Washing;

(g) Custom home furnishings work;

(h) Carpentry work;

(i) Furniture repair;

(j) Hair grooming;

(k) Home office for a lawyer, doctor, architect, engineer, accountant, or planner;

(l) Home office for a real estate, insurance, notary public, or manufacturer’s agent;

(m) Office for clergy;

(n) Art studio, writing studio, music studio, photography studio;

(o) Teaching art, writing, or music for one student at one time; and

(p) Child care for five or less children at one time.

(2) The following types of business shall not be permitted as home occupations:

(a) Medical clinics of any kind;

(b) Retail dress shops;

(d) Tourist homes;

(e) Animal hospitals;

(f) Kennels;

(g) Trailer rentals;

(h) Automobile, motor vehicles, equipment repair of any kind;

(i) Painting of automobiles, motor vehicles, or equipment of any kind;

(j) Photo developing;

(k) Television, radio or other electronics repair;

(l) Tooling, welding, or machining of any kind;

(m) Retail or manufacturing of any kind;

(n) Tool or equipment rental of any kind;

(o) Restaurant or similar establishment;

(p) Salvage operations of any kind; and

(q) Freight or trucking operations of any kind.

(3) Uses not specifically mentioned will be interpreted by the Zoning Administrator as to whether the use needs to be reviewed by the Plan Commission.

(Ord. passed - - ; Ord. 2021-08, passed 10-19-2021)

§ 152.132 ADULT USE ORDINANCE (AU).

AU-01 Adult Uses. Whereas, there is convincing documented evidence that adult uses, as defined herein, because of their very nature, have a deleterious effect on both existing businesses around them and the surrounding residential areas adjacent to them, causing among other adverse secondary effects, increased crime, reduction in business, and downgrading of property values; and adult use businesses in the incorporated area of the town require special supervision in order to protect and preserve the health, safety and welfare of the citizens of the town; and zoning, licensing and other police power regulations are legitimate reasonable means of accountability to insure the operator of adult use businesses comply with reasonable regulations and that adult use businesses are located in places which minimize the adverse secondary effects which naturally accompany these establishments.

(A) Purpose and intent. It is the purpose and intent of this section to regulate adult use businesses to promote the health, safety, morals, and general welfare of the citizens of the town and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of adult use businesses within the town, thereby reducing or eliminating the adverse secondary effects from such adult use businesses. It is not the intent of this section to place any impermissible burden on any constitutionally protected expression or expressive conduct. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment to the United States Constitution or the Indiana State Constitution, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material.

(B) Definitions. For the purposes of this section, certain terms and words are defined as follows:

(1) ADULT USE means any use of property as a “sexually oriented enterprise” as defined below, any tattoo parlor, gambling casino, or any activity that may be engaged in, or premises which may be entered onto, only by persons at least 18 years old. Except, ADULT USE shall not include, any use that falls within this definition only because it sells liquor under a permit granted by the Indiana Alcoholic Beverages Commission pursuant to I.C. 7.1-3 (i.e. a liquor store, nightclub or bar that is not also used as a sexually oriented enterprise, gambling casino or tattoo parlor).

(2) NUDITY or STATE OF NUDITY means:

(a) The appearance of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or

(b) A state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.

(3) PUBLIC BUILDING means any building owned, leased or held by the United States, the State of Indiana, the Town of Leo-Cedarville, any special district, school district, or any other agency or political subdivision of the State or the United States, which building is used for governmental purposes.

(4) PUBLIC PARK or RECREATION AREA means public land which has been designated for or is predominantly used for recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land.

(5) RELIGIOUS INSTITUTION means any church, synagogue, mosque, temple or building that is used primarily for religious worship and related religious activities.

(6) RESIDENTIAL DISTRICT OR USE means any parcel or area zoned for residential use or which is lawfully being used for single family dwelling, a multi-family dwelling, duplex, townhouse, or mobile home, or campground.

(7) SCHOOL means any public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, colleges and universities. SCHOOL includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a SCHOOL.

(8) SEMI-NUDE means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

(9) SEXUALLY ORIENTED ENTERPRISE means: any premises to which the public, patrons or members are invited or admitted (including private clubs) and wherein any service or product is provided or offered which is intended or tends to arouse or excite the sexual desires of the public, patrons, members, employees, or owners of the establishment or which involves a person or persons who is/are nude or partially nude as defined within this section. The term includes, but is not limited to the following: adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, burlesque show, escort agency, massage parlor, sexual encounter establishment, strip club, and nude model studio.

(C) Location of adult uses. Adult uses shall be allowed as a permitted use only on property which is zoned C2. Adult uses shall be allowed only as special exception uses on property which is zoned C1. Additionally, adult uses shall be subject to the following restrictions: No adult use shall be established within 1,000 feet of another such business or within 1,000 feet of any religious institution, school, boys-club, girls-club, or similar existing youth organization, or public park or public building, or within 1,000 feet of any property zoned for residential use or used for residential purposes.

(D) Measurement of distance. As regarding division (C) above, the distance between any two adult uses, or between any adult use and any religious institution, public or private elementary or secondary school, boys club, girls club, or similar existing youth organization, or public park or public building or any properties zoned for residential use or used for residential purposes shall be measured in a straight line, without regard to intervening structures or objects from the nearest point of the property line of the premises where the adult use is conducted, to the nearest point of the property line of the other premises.

(E) Advertising and lighting regulations.

(1) It shall be unlawful for any person to advertise the presentation of any activity prohibited by applicable state statute or local ordinance.

(2) It shall be unlawful for any person owning or operating a sexually oriented enterprise to display or otherwise exhibit the materials and/or performances at such sexually oriented enterprise in a manner which is visible from the outside of the premises. No sign or outside advertising shall depict a person or part of a person in a nude or semi-nude state or depict sexual activity or simulations of sexual activity.

(3) All off-street parking areas and premises entries of all adult use business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average horizontal illumination of one (1.0) foot candle of light on the parking surface and walkways. This required lighting level is established in order to provide sufficient illumination of parking areas serving the adult use business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct.

(4) Nothing contained within this section shall relieve the operator of a sexually oriented business from complying with the other requirements of the Town Zoning Code or other town ordinances relating to signs and lighting.

(F) Severability. If any provision of this section shall be held invalid, such provision shall be deemed severable and the invalidity thereof shall not affect the remaining provisions of this section.

(G) Repeal of prior ordinances. This section, from and after its effective date, shall act as a repeal of any prior adult use ordinance or part of any ordinance pertaining to the subjects contained in this section.

(Ord. passed - - )

§ 152.133 LANDSCAPING STANDARDS (LS).

(A) LS-01: Foundation planting. Landscaping is an essential part in the design and development of a site. Such plantings are a benefit to the environment, public health, safety, comfort, convenience and general welfare of the town. These standards will result in the reduction of storm water runoff, glare, heat buildup, and will reduce energy costs in structures and improve the aesthetics of the community. Construction of a new primary structure or expansion of an existing primary structure by 30% or more in floor area must follow the landscaping standards as outlined in this section. The minimum requirement is as follows.

(1) All trees planted must be at least one and one-half inch caliper trees.

(2) Any trees planted to meet the landscaping standards must be replanted if the tree ever dies or becomes diseased within one year.

(3) Single family residential projects (except in the R4 District) require a minimum of two deciduous canopy trees to be planted in the front yard and one deciduous canopy tree to be planted in the side or rear yard of the lot.

(4) Multiple family residential requires a minimum of one deciduous canopy tree to be planted per three dwelling units. Plantings required for as buffer yards or parking lot standards shall not be counted toward this minimum landscaping requirement.

(5) Commercial/retail/office projects (except in the Downtown Commercial District (DC)) require a minimum of one deciduous canopy tree or ornamental tree to be planted per every 3000 square feet of commercial/retail/office space. The minimum number of trees to be planted when the project is less than 3000 is one tree. Plantings required for as buffer yards or parking lot standards shall not be counted toward this minimum landscaping requirement.

(6) Industrial/manufacturing and similar uses are required to plant a minimum of one deciduous canopy tree per 5000 square feet of floor space. Plantings required for as buffer yards or parking lot standards shall not be counted toward this minimum landscaping requirement.

(B) LS-02: General standards for landscaping.

(1) No landscaping materials, vegetation, plants, shrubs, trees, retaining walls, bedding, lighting, or mounds may extend into any right-of-way or easement without the written permission of the agency that established the right-of-way or easement. Any landscaping items may be removed without notice if within a right-of-way or easement even when permission has been granted by the controlling agency to place said items.

(2) No trees may be planted within five feet of sidewalks, streets, curbs, gutters, drainage tile, or other infrastructure, unless approved otherwise by the Planning Commission.

(3) The species of trees and plants for foundation plantings may be subject to standards of the town. If a tree ordinance has been adopted by the Town Council, said standards for species type will apply to all foundation plantings.

(Ord. passed - - )

§ 152.134 BUFFERING STANDARDS (BF).

BF-01. A general purpose of zoning is to protect conflicting zoning districts from being adjacent to one another. Periodically conflicting land uses (zoning districts) are permitted or occur through normal growth and development in a community. The need for buffer yard standards stems from the periodic occurrence of two adjacent zoning districts conflicting or have the potential of conflicting. The degree of conflict or potential conflict between two zoning districts will determine the extent of buffer yard required. This matrix determines the type of buffer yard which shall be installed by the subject development. First find the zoning district of the subject property. Second, find the zoning district of the adjacent property in the left column. Where the two intersect on the matrix will be a letter (A, B, or C) or a blank space. When there is a blank space no buffer yard is necessary. If an "A", "B", or "C" is indicated in the matrix, a buffer yard is mandatory.

Adjacent District

Zoning District of the Adjacent Property

A = an “A” Buffer Yard B = a “B” Buffer Yard C = a “C” Buffer Yard

(A) “A” Buffer yard standards. The following buffer yard standards will apply where an “A” buffer yards is mandatory:

(1) The buffer yard standards only apply along the property lines where the two conflicting zoning districts meet.

(2) The developer or owner of the subject property is responsible for installing the buffer yard.

(3) The adjacent property owner shall not have to participate in installing the buffer yard.

(4) An additional ten feet of setback shall be required in addition to the normal setback.

(5) One deciduous canopy tree planted every 30 feet.

(6) All trees must be planted within five to 15 feet from the property line and within the subject property.

(7) An irregular line or row of trees is preferred.

(8) All trees must have at least a one and one-half inch caliper, be properly maintained, and be replaced if the tree dies, is diseased, or is damaged from natural causes.

(9) A minimum of six feet of height of plant, tree, mound, or fence material.

(B) “B” Buffer yard standards. The following buffer yard standards will apply where a “B” buffer yard is mandatory.

(1) The buffer yard standards only apply along the property lines where the two conflicting zoning districts meet.

(2) The developer or owner of the subject property is responsible for installing the buffer yard.

(3) The adjacent property owner shall not have to participate in installing the buffer yard.

(4) An additional 20 feet of setback shall be required in addition to the normal setback.

(5) One deciduous canopy tree planted every 20 feet.

(6) All trees must be planted within five to 15 feet from the property line and within the subject property.

(7) An irregular line or row of trees is preferred.

(8) All trees must have at least a one and one-half inch caliper, be properly maintained, and be replaced if the tree dies, is diseased, or is damaged from natural causes.

(9) A minimum of six feet of height of plant, tree, mound, or fence material.

(1) The buffer yard standards only apply along the property lines where the two conflicting zoning districts meet.

(2) The developer or owner of the subject property is responsible for installing the buffer yard.

(3) The adjacent property owner shall not have to participate in installing the buffer yard.

(4) An additional 35 feet of setback shall be required in addition to the normal setback.

(5) A double row of deciduous canopy trees must be planted 20 feet apart and the two rows must be off-set to provide maximum visual buffering.

(6) All trees must be planted within ten to 30 feet from the property line and within the subject property.

(7) An irregular line or row of trees is preferred.

(8) All trees must have at least a one and one-half inch caliper, be properly maintained, and be replaced if the tree dies, is diseased, or is damaged from natural causes.

(9) A minimum of six feet of height of plant, tree, mound, or fence material.

(Ord. passed - - )

§ 152.135 ENVIRONMENTAL STANDARDS (EN).

EN-01. No land shall be used or structure erected where the land is unsuitable for such use or structure due to slopes greater than 10%, adverse soil or rock formation, erosion susceptibility, low percolation rate or bearing strength, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of the community. In addition the following standards must be met.

(A) Surface water. It shall be the responsibility of the owner of any lot or parcel of land developed for any use other than for agriculture to provide for adequate surface water drainage. When possible, existing natural surface drainage may be utilized. Whenever the evidence available indicates that the natural surface drainage is inadequate the owner shall provide the parcel with an adequate surface water system which shall be integrated into the drainage pattern of surrounding properties. When the surface drainage is adequate, easement for such surface drainage shall be provided. On-site detention shall be required where necessary to prevent harm to adjoining properties.

(B) Drainage. Drainage swales (ditches) along dedicated roadways and within the right-of-way or on dedicated drainage easements are not to be altered, except for maintenance as originally constructed and as approved by the County Highway Department, the Allen County Surveyor and/or Drainage Board, Indiana Department of Transportation or the Leo-Cedarville Storm Water Utility Board. Driveways may be constructed over these or other approved structures as permitted by the appropriate agency.

(C) Permanent structures. No permanent structures other than a fence may be erected, and if erected in violation of this section, no such structure may be used if the location is within 75 feet of the center line of any legal tile ditch, or within 75 feet of the existing top edge of any legal open ditch or tile unless approved by the Allen County Drainage Board and the Leo-Cedarville Plan Commission.

(D) Preservation of natural / historic features. Existing natural and historic features which would add value to development of natural or man-made assets of the county such as trees, streams, vistas, lakes, historical landmarks, and similar irreplaceable assets, shall be preserved through harmonious and careful design. Land to be developed shall be designed and improved as far as practical in conformity to existing topography in order to minimize storm water runoff, and conserve the natural cover and soil.

(E) Landscaping. Any part or portion of non-farm parcel which is not used for structures, loading or parking spaces, sidewalks and accessory uses shall be landscaped or left in a natural state. If landscaped, they shall be planted with an all season ground cover and shall be landscaped with trees and shrubs in accordance with the development plan and/or site plan and shall be in keeping with natural surroundings.

(F) Cut / fill grade. No cut or fill grade shall exceed a slope of 3 to 1 or 33-1/3%. This provision shall apply to all cuts and fills exceeding 100 square feet in exposed surface area, including cuts or fills on land naturally exceeding 3 to 1 in slope.

(G) Erosion prevention. All land, regardless of slope, from which structures or natural cover has been removed or otherwise destroyed, shall be appropriately graded and seeded within a reasonable time of such activity to prevent erosion per acceptance of IDEM rule #5.

(H) Alterations to shoreline. No alteration of the shoreline or bed of a river or public lake shall be made until written approval is obtained from the Indiana Department of Natural Resources, U.S.Army Corps of Engineers or any other governmental agency with jurisdiction of the shoreline in question, and the provisions of this chapter are complied with. Alterations include, among other things, retaining wall, filling of a river or wetlands, dredging of a riverbed, and ditch excavation within one-half mile of a water body.

(I) Code compliance / hazardous waste. All development must be in compliance with I.C. Title 7, as amended, as it relates to hazardous waste, low level nuclear waste, underground storage tanks, waste tires, and other applicable chapters of said Title.

(J) Code compliance / environmental quality. All development must be in compliance with I.C. Title 13, as amended, as it relates to air pollution control, water pollution control, solid waste management, and other applicable chapters of said Title.

(K) Waste disposal. No waste materials such as garbage, rubbish, gasoline, oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity, or temperature so as to contaminate, pollute, or harm the waters shall be deposited, located, stored, or discharged on any lot in a way that would be likely to runoff, seep, or wash into surface or ground water.

(L) Fuel storage. No highly flammable or explosive liquids, solids, or gasses specified by the State Fire Marshal shall be stored in bulk above ground, except tanks or drums of fuel connected directly with energy devises or heating appliances located and operated on the same lot as the tanks or drums of fuel.

(M) Debris / refuse. Debris and refuse shall not accumulate on any property, in any zoning district.

(N) Treatment of fill. Bricks, concrete, lumber, and other material used for fill where permitted by this chapter and/or by the IDEM, DNR, or other governmental agency, shall be promptly covered and seeded.

(O) View requirements. Where a proposed structure will eliminate more than 50% of an adjacent structure’s view or exposure to the sun, an additional yard area setback may be required by the Zoning Administrator so that the 50% view or exposure may be maintained.

(P) Improvement location permit requirements. The following activities are permitted with no improvement location permit required, provided all other applicable standards are met:

(1) Normal excavation for structural foundations, driveways, utility installations, and similar preparation activities;

(2) Normal plowing and preparing the land for gardens and yards;

(3) Normal trimming and/or removal of trees and shrubs for maintenance and/or site preparation;

(4) Earth movements related to farming and other agricultural activity, including sod farming;

(5) Public and private road construction;

(6) Drain tile laying and ditch cleaning; and

(7) Top soil removal, other than mineral extraction.

(Ord. passed - - )

§ 152.136 LIGHTING STANDARDS (LG).

LG-01. In all Multifamily, Commercial, and Industrial zoning districts, construction of any parking or driving areas requires the developer/owner to provide a level of illumination on individual lots which is adequate for safe and efficient movement of vehicle and persons. The level of illumination required shall follow the standard set forth in the Allen County Highway Department Standards Manual. In the absence of such standard, the level of required illumination shall be determined by the Town Engineer. The cost of determining the required level of illumination shall be born by the applicant for the ILP or Development Plan. Illumination levels will vary according to the type of use on a lot. The intensity of light created on any site shall not significantly go beyond the property line of the subject property. The Leo-Cedarville Zoning Code hereby adopts by reference as if fully incorporated herein the Allen County Highway Department Manual pertaining to lighting except to the extent that those standards expressly conflict with a standard otherwise set forth in this chapter.

(Ord. passed - - ; Ord. 2021-08, passed 10-19-2021)

§ 152.137 PARKING STANDARDS (PK).

(A) PK-01. Two off-street parking spaces are required per dwelling unit. Neither of the off-street parking spaces required may include spaces within car ports or garages. Further, off-street parking spaces may not fully or partially be in a public right-of-way or utility easement. Each space must be at least nine feet wide and 18 feet long. Except in agricultural zoned districts, all required parking spaces together with driveways, and other circulation areas, shall be dust-free and of a hard-surface with a pavement having an asphalt or concrete binder, such as concrete, asphalt, double chip and seal, or paver bricks provided; however, that variances for parking related to school auditoriums, assembly areas, sports fields, and other community meeting or recreation areas may be granted, provided that paved areas shall be provided for daily-use parking areas. Where paving is not required, proper dust control measures shall be undertaken and maintained.

(B) PK-02. One and one-half off-street parking spaces are required per dwelling unit. In multi-family housing developments, at least one space per two units is required for visitor parking. Visitor parking spaces cannot include spaces in car ports or garages. Further, any off-street parking space may not fully or partially be in a public right-of-way or utility easement. Each space must be at least nine and one-half feet wide and 19 feet long.

(C) PK-03. All parking lots for commercial, industrial, business, public and private employee parking, offices, organizations, and places of assembly must be paved. In addition, these parking lots must also conform to all the following requirements:

(1) All ingress/egress into parking areas must be paved with asphalt, concrete or other durable material;

(2) Be striped so as to show each parking space;

(3) Be constructed to allow proper drainage;

(4) Be designed as to prevent vehicles from having to back into public streets;

(5) Be designed to not allow any ingress or egress closer than 35 feet of any intersecting street or alley right-of-way;

(6) Handicap parking to be provided in accordance with Allen County Highway Department manual and ADA requirements; and

(7) Minimum design standards for parking lots.

	Drives & Service Areas	Parking Only
Rigid Pavement (plain cement concrete)	6"	5"
Deep Strength Asphalt	8"	6"
Flexible Type Pavement
a. Aggregate Base	10"	8"
b. Asphalt Binder	3"	3"
c. Asphalt Surface	1"	1"

(D) PK-04. To reduce traffic congestion and hazards along roadways, off-street parking shall be required for business and industrial uses. The minimum number of parking spaces shall be determined by adding up the spaces required for each applicable statement below:

(1) One parking space per employee that potentially can be working at any given time;

(2) One parking space for every three chairs/seats in a restaurants, food services, movie theatre, auditorium, or church;

(3) One parking space per 500 square feet of gross floor area in all furniture stores and automobile sales establishments;

(4) One parking space per 400 square feet of gross floor area in all hardware stores, home improvement stores, and community centers;

(5) One parking space per 200 square feet of gross floor area in all fitness, health spa, entertainment facility, skating rink or similar facilities;

(6) One parking space per every 300 square feet of gross floor area in all convenience stores, gasoline stations, grocery stores, banks, and department stores;

(7) One parking space per every ten pupils enrolled in a day-care facility;

(8) One parking space per sleeping unit in a hotel, motel, or bed and breakfast;

(9) Ten parking spaces are required per nine holes at any golf course and miniature golf course;

(10) Additional parking spaces may be required by the Planning Commission, or the Zoning Administrator;

(11) Handicap parking to be provided in accordance by Allen County Highway Department manual and ADA requirements; and

(12) If the business or industrial use does not fit in the above categories or uses, then the appropriate number of parking places will be determined by the Plan Commission or the Zoning Administrator.

(E) PK-05. Parking spaces shall be installed as follows:

(1) Maximum of 20% in each front yard;

(2) Maximum of 70% in both side yards combined; and

(3) Maximum of 100% in rear yard.

(F) (1) Parking spaces prescribed in this rule must be located either on the premises or on a lot approved by the Plan Commission. All required off-street parking spaces, however, must be located within 600 feet of the respective lot.

(2) A group of adjacent properties may provide a joint parking area if the number of spaces required for all properties is adequate, and at least 80% of the total spaces required for each use. A permanent documentation of the agreement must be recorded with both properties. The Zoning Administrator shall approve aggregate parking lots such as mentioned above.

(3) A church or temple or like uses may request to the Commission a down-sizing of parking requirements if adequate parking is located near the use and available during the times of use by the church or temple.

(Ord. passed - - ; Ord. 2021-08, passed 10-19-2021)

§ 152.138 LOADING STANDARDS (LD).

LD-01. There shall be provided off-street loading berths not less than the minimum requirements specified in this section in connection with any building or structure which is to be erected or substantially altered, and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles.

(A) 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. No permitted or required loading berth shall be located within 25 feet of the nearest point of intersection of any two streets, nor shall it be located in a required front yard, or side yard adjoining a street.

(B) Size. Off-street loading berths for over-the-road tractor-trailers shall be at least 14 feet in width by at least 60 feet in length with a 60 foot maneuvering apron, and shall have a vertical clearance of at least 15 feet. For local pick-up and delivery trucks, off-street loading berths shall be at least 12 feet in width by at least 30 feet in length with a 30 foot maneuvering apron, and shall have a vertical clearance of at least 12 feet.

(C) Access. Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements.

(D) Surfacing. All open off-street loading berths shall be improved with a rigid type pavement (plain cement concrete) seven inches, deep strength asphalt nine inches, flexible pavement - aggregate base 14 inch - asphalt binder three inches - asphalt surface one inch.

(E) Space allowed. Space allowed to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements of any off-street parking areas or portions thereof.

(F) Off-street loading berth requirements.

Minimum Loading Berths Required	Gross Floor Area
1	up to 40,000 sq. ft.
2	40,000 to 79,999 sq.ft.
3	80,000 to 119,999 sq.ft.
4	120,000 to 159,999 sq.ft.
5	160,000 to 239,999 sq.ft.
6	240,000 to 319,999 sq.ft.

One additional off-street loading space shall be required for each additional 80,000 sq. ft. after 320,000 sq. ft.

(Ord. passed - - )

§ 152.139 ENTRANCE/DRIVES STANDARDS (ED).

(A) As per Allen County Highway Department Manual. The Leo-Cedarville Zoning Ordinance hereby adopts the standards contained in the Allen County Highway Department Manual pertaining to entrance drives except to the extent that those standards expressly conflict with a standard otherwise set forth in this chapter.

(B) ED-01. The intent of entrance and drive standards is to provide for a safe and efficient vehicular and pedestrian transportation system. The following standards apply to curb cuts, entrances, and drives:

(1) No curb cut, entrance, or drive shall be permitted within:

(a) One hundred twenty feet of an intersection of two or more roads in which the largest of the roads is a major thoroughfare;

(b) One hundred feet of an intersection of two or more roads in which the largest of the roads is a minor thoroughfare;

(d) Sixty feet of an intersection of two or more roads in which the largest of the roads is a minor collector; or

(e) Fifty feet of an intersection of two or more roads in which the largest of the roads is a local road.

(The distances for the above standards shall be determined by measuring from center line of a curb cut, entrance, or drive to the center line of the nearest intersecting road.)

(2) No curb cut, entrance, or drive shall be permitted within:

(a) One hundred forty feet of the apex of a curve (30 degrees or greater) and where the road is a major thoroughfare;

(b) One hundred twenty feet of the apex of a curve (30 degrees or greater) and where the road is a minor thoroughfare;

(d) Eighty feet of the apex of a curve (30 degrees or greater) and where the road is a minor collector; or

(e) Seventy feet of the apex of a curve (30 degrees or greater) and where the road is a local road.

(3) All curb cuts, entrances or drives shall not exceed the following pavement widths for two-way traffic (if one-way, the measurements shall be one-half of the below measurements):

(a) Thirty-two feet if from a commercial zoning district onto a major thoroughfare;

(b) Thirty feet if from a commercial zoning district onto a minor thoroughfare;

(d) Twenty-six feet if from a commercial zoning district onto a minor collector;

(e) Twenty-four feet if from a commercial zoning district onto a local street;

(f) Thirty feet if from a multi-family residential zoning district onto a major thoroughfare, minor thoroughfare, or major collector;

(g) Twenty-eight feet if from a multi-family residential zoning district onto a minor collector or local street;

(h) Twenty-eight feet if from a single-family residential zoning district onto a any type of street; or

(i) Twenty-two feet if from a single-family residential unit onto any type of street.

(4) The Planning Commission may determine if:

(a) An acceleration or deceleration lane is necessary; or

(b) A passing blister is necessary as a condition of a new curb cut, entrance, or drive.

(5) Except in agricultural zoned districts, all required entrance drives, together with parking lots, and other circulation areas, shall be dust-free and of a hard-surface with a pavement having an asphalt or concrete binder, such as concrete, asphalt, double chip and seal, or paver bricks provided; however, that variances for parking related to school auditoriums, assembly areas, sports fields, and other community meeting or recreation areas may be granted, provided that paved areas shall be provided for daily-use parking areas. Where paving is not required, proper dust control measures shall be undertaken and maintained.

(Ord. passed - - ; Ord. 2021-08, passed 10-19-2021)

§ 152.140 VISION CLEARANCE STANDARDS (VC).

VC-01: The intent of vision clearance standards is to provide for a safe vehicular and pedestrian transportation system. The visibility at intersections, driveways, curb cuts, and entrances are particularly important for the safe movement of vehicles and pedestrians. The following vision clearance standards apply to all intersections, drive, curb cuts, and entrances.

(A) No entrance, curb cut, or drive shall be permitted if within:

(1) One hundred sixty feet of the crest of a hill where the slope on either side of the crest is 6% or greater, or the visibility is determined to be impaired by the Zoning Administrator, and the speed limit is 45 mph or greater.

(2) One hundred feet of the crest of a hill where the slope on either side of the crest is 6% or greater, or the visibility is determined to be impaired by the Zoning Administrator, and the speed limit is 30 mph or greater.

(3) Eighty feet of the crest of a hill where the slope on either side of the crest is 6% or greater, or the visibility is determined to be impaired by the Zoning Administrator, and the speed limit is under 30 mph.

(B) All intersections must maintain a clear vision triangle where no primary or accessory structures, trees, vegetation, or signs other that road signs are allowed to be placed or to project into. The clear vision triangle is illustrated below.

The following triangle leg lengths will apply to the determinati on of a clear vision triangle.

(1) Along major thoroughfares 45 feet;

(2) Along minor thoroughfares 40 feet;

(3) Along major collectors 35 feet;

(4) Along minor collectors 30 feet; and

(5) Along local roads 20 feet.

(Ord. passed - - )

§ 152.141 BUILDING STANDARDS.

(A) The town hereby adopts the Allen County Building Code, which is codified as Article 6 of the Code of Allen County, Indiana adopted by Allen County pursuant to the provisions of I.C. 36-7-8-3 and I.C. 36-7-8-7. Unless otherwise provided for in this code, the provisions of the Allen County Building Ordinance shall constitute the building standards for all construction within the Town of Leo-Cedarville.

(B) The town hereby appoints the Allen County Building Department as its agent for inspecting and approving all construction within the town for purposes of insuring compliance with the county building standards. The Allen County Building Commission shall be entitled to collect and retain from the property owner, builder, developer, or ILP application its customary fee for such inspection services and for issuing building permits, certificates of occupancy and other related permits, provided such fees are reasonable and otherwise allowed by Indiana law.

(Ord. passed - - )

§ 152.142 HEALTH AND SAFETY STANDARDS.

(A) The town hereby adopts the Allen County Health Code, which is codified as Article 10 of the Code of Allen County, Indiana. Unless otherwise provided for in this Zoning Code, the provisions of the Allen County Health Code shall constitute the health and safety standards for all uses or property within the town.

(B) The town hereby appoints the Allen County Health Commissioner and the Allen County Health Department as its agent for inspecting and approving all private sewer systems, swimming pools and other uses within the town for purposes of insuring compliance with the County Health Standards. The Allen County Health Department shall be entitled to collect and retain from the property owner, builder of ILP applicant its customary fee for such inspection services provided that such fees are reasonable and otherwise allowed by Indiana law.

(Ord. passed - - )

§ 152.143 FENCE STANDARDS.

(A) Set-back. Fences must maintain a two-foot set back from any property line and may not be constructed within the public right-of-way or within any utility easement. The granting of an ILP does not mean that no easement is present. The Zoning Administrator is not responsible for locating easements, rather the property owner is responsible for determining the existence of easement rights on the subject property. A fence built over a utility or other easement may be torn down by the easement holder, and the cost of repairing the fence will be the sole responsibility of the fence owner.

(B) Agricultural use. Fences of any height are permitted.

(1) Fences or wall, constructed within a rear yard shall not be higher than eight feet. All fences are considered an accessory use. Fence setbacks shall be two feet unless the permit is accompanied by a letter from adjoining property owners agreeing to allow the fence to be placed closer to the agreed property line.

(2) No fence, wall, or hedge shall rise over three feet in height on any required front yard. No fence, wall, or hedge planting shall interfere with visibility from a driveway or public right-of-way. The Town Manager is hereby empowered to cause all obstructions to be removed in the interest of public safety.

(3) All support structures shall face to the inside side of fence.

(D) Industrial use. Fences up to eight feet in height are permitted as long as they do not obstruct the view of motor vehicles.

(E) Correction of violation. Any person found in violation of this chapter shall be given one written notice to correct such unlawful condition with a reasonable time allowed for the correction. If the correction is not made within the stated reasonable time, the Town Council may order the correction made by others, and the cost of such correction shall be charged to the property owner or other found to have caused the violation. In addition to the cost to correct such violation, a penalty of not less than $25 nor more than $1,000 may be imposed. A separate offense may be deemed committed for each day such violation occurs or is permitted to continue.

(F) Pool fences and enclosures. See § 152.144.

(Ord. passed - - ; Ord. 2021-08, passed 10-19-2021)

§ 152.144 SWIMMING POOL STANDARDS.

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

A POOL is any constructed POOL or portable private POOL used for swimming, wading or bathing, over 36 inches in depth of water or with a top water surface area exceeding 400 square feet and which is used or intended to be used as a POOL in connection with a family dwelling unit and is available only to the family of the household and their private guests.

(B) All portable pools of less than 36 inches in depth of water or less than 400 square feet of top water surface area shall be exempt from the requirements of this section.

(C) No person shall construct or install a pool without having first applied for and obtained Plan Commission or Town Administrator approval. Such application shall be accomplished by plans and specifications in duplicate and in sufficient detail showing:

(1) Pool dimensions;

(2) Type construction; and

(3) Pool fencing.

(D) All pools are to be kept in a clean and sanitary condition.

(E) State of Indiana swimming pool requirements:

(1) A residential pool shall be provided with a suitable handhold around its perimeter in areas where depths exceed three feet six inches. Handholds shall be provided no further apart than four feet and shall consist of any one or a combination of items listed as follows:

(a) Ledge or deck along the immediate top edge of the pool which provides a slip-resisting surface of at least four inches minimum horizontal width and located at or not more than 12 inches above the waterline;

(b) Ladders, stairs, or seat ledges; and/or

(2) Rope anchor devices shall be installed at a minimum of one foot and a maximum of two feet on the shallow end side of a point of change in floor slope. In pools where the slope change occurs in water depths less than four feet six inches, a transition rope supported by buoys shall be installed.

(3) Access to residential pools shall be restricted by one of the following means:

(a) Walls or fencing not less than five feet high and completely surrounding the pool and deck area with the exception of self-closing and latching gates and doors, both capable of being locked;

(b) Other means not less than five feet high and deemed impenetrable by the enforcing authority at the time of construction and completely surrounding the pool and deck area when the pool is not in use;

(c) A combination of subdivision (a) and (b) that completely surrounds the pool and deck with the exception of self-closing and latching gates and doors which are capable of being locked. This applies to subdivisions (a) and (b) and this subdivision (c) only;

(d) A power safety pool cover which shall:

1. Provide a continuous connection between the cover and the deck, so as to prohibit access to the pool when the cover is completely drawn over the pool;

2. Be mechanically operated by a key or key and switch such that the cover cannot be drawn open or retracted without the use of a key;

3. Is installed with track, rollers, rails, guides, or other accessories necessary to accomplish divisions (E)(3)(d)1. and 2. above, in accordance with the manufacturer's instructions; and

4. Bear an identification tag indicating that the cover satisfies the requirements of ASTM F1346 for power safety pool covers.

(e) Not less than the following lifesaving equipment shall be installed with each residential swimming pool:

1. A ring or throwing buoy fitted with 40 feet of one-fourth inch diameter line;

2. A pole not less than 12 feet in length; and

3. Access to a telephone.