(A)   Except as otherwise provided by this section, no structure may be erected or changed so as to make its height greater than 30 feet if it is in an R1, R2, R3 or R5 District, or 40 feet if it is in an A, R4, CB or GB District, or 50 feet if it is in an I1, I2 or I3 District.

   (B)   Spires, church steeples, chimneys, cooling towers, elevator bulkheads, fire towers, penthouses for mechanical equipment, stacks, tanks, water towers, transmission towers for electric lines, and necessary mechanical appurtenances may be erected or changed to any height that is not otherwise prohibited elsewhere in this chapter.

(Ord. 614, passed 2-22-1999)

   Residential buildings on any lot may not exceed in coverage the following percentages of total lot area:

 

 

(Ord. 614, passed 2-22-1999; Ord. 924-2018, passed 9-24-2018)

   (A)   Except as provided for in division (C) below, a lot on which a dwelling is erected or changed may not be smaller in area, in square feet per dwelling unit, than that prescribed for it in the following table. CHANGED shall mean increased in number of dwelling units contained therein, but shall not be construed to mean only refurbished, rehabilitated or expanded in size.

 

 

 

 

   (B)   Except as provided for in division (C) below, a lot on which a dwelling is erected or changed may not be smaller in width, in linear feet, than that prescribed for it by the following table. CHANGED shall mean increased in number of dwelling units contained therein, but shall not be construed to mean only refurbished, rehabilitated or expanded in size.

 

 

   (C)   A single-family dwelling may be located on any lot in any district in which single-family dwellings are permitted if the lot was in separate ownership or included in a subdivision of record in the office of the County Recorder at the time of the passage of this chapter, even though the lot does not have the minimum lot width or the minimum lot area, or both, specified for the district by this chapter.

(Ord. 614, passed 2-22-1999; Ord. 924-2018, passed 9-24-2018)

   A lot on which one of the following uses is located may not be smaller in area than the area prescribed for that use opposite it in the following table:

 

(Ord. 614, passed 2-22-1999; Ord. 924-2018, passed 9-24-2018)

   (A)   In any district except the CB district, where there is no such requirement, minimum depth of front yard for a lot abutting a street shall be as follows:

 

 

      (1)   Arterials are designated by the adopted Thoroughfare Plan; collectors are designated by resolution of the Plan Commission.

      (2)   However, along a local street in a residence district or business district other than CB, where 50% of lots in that block face are occupied by principal use buildings, minimum depth of front yard for that block shall be the average depth of front yard for those buildings, provided that the front yard shall be no less than ten feet. But buildings to be removed to make way for a new building shall not be included when calculating average depth of front yard to be applied to the new building.

      (3)   A through lot has a front yard on each abutting street.

      (4)   For any corner lot, these front yard setback standards shall also apply to the side yard(s) abutting a arterial highway, local street or place.

      (5)   Where a lot does not abut a street, minimum depth of front yard shall be 25 feet, measured from a designated front lot line.

      (6)   For any accessory building, minimum depth of front yard shall be the same as for the principal use building.

   (B)   Minimum depth of rear yard, in feet, for primary and accessory building shall be as follows:

 

 

   (C)   Minimum depth of side yard, in feet, for primary or accessory buildings shall be as follows:

 

 

(Ord. 614, passed 2-22-1999; Ord. 631, passed 2-14-2000; Ord. 924-2018, passed 9-24-2018)

   (A)   In a residential district, an accessory building may be located no closer to a side lot line than six feet and no closer to the front lot line than the minimum front yard for a principal building.

   (B)   If an interior lot abuts a corner lot or an alley separating them and the front yards of the two lots are perpendicular to each other, an accessory building on the rear lot line of the corner lot may be located no closer to the street abutting the interior lot than the principal building on the interior lot.

   (C)   If a fence is otherwise permitted by this chapter, then there shall be no setback requirement for that fence, so long as: the owner of the lot or parcel can demonstrate to the City Building Inspector that the fence will be placed upon the owner's property as shown by stakes, markers, pins or other such monuments placed by a registered land surveyor, evidencing the boundary line upon which the fence is to be placed; or with the written consent of the adjoining property owner, whose property abuts the owner's property line upon which the fence is to be constructed.

(Ord. 614, passed 2-22-1999; Ord. 617, passed 6-14-1999; Ord. 676, passed 6-9-2003)

   At the street intersection of each corner lot, the triangular space determined by the two lot lines at that corner and by a diagonal connecting the two points on those lot lines that are 25 feet respectively from the corner shall be kept free of any obstruction to vision between the heights of two and one-half and 12 feet above the established grade.

(Ord. 614, passed 2-22-1999)

   When permitted by grant of special use per § 156.112 below, the following uses are subject to the special setbacks prescribed, in feet, by the following table. If no figure appears for a front yard setback, the standard setback prescribed by § 156.060 above applies.

 

(Ord. 614, passed 2-22-1999)

   (A)   A mineral extraction area, borrow pit or topsoil removal area (including storage area), penal or correctional institution, public or commercial sewage disposal plant, sales barn for livestock sale, truck terminal or wholesale produce terminal may not be located closer to an R1, R2, R3, R4 or R5 District than 1,000 feet. A junk yard may not be located closer to such a district than 1,320 feet.

   (B)   A parking area or loading berth for any of the following uses may not be located closer to a residential district than the distance, in feet, listed opposite it in the following table:

 

(Ord. 614, passed 2-22-1999)

   The following uses shall be fenced or walled as respectively prescribed by the following table:

 

(Ord. 614, passed 2-22-1999)

   (A)   Tight screen planting, effective at all times to block the view from abutting residential uses, shall be provided for the following uses in accordance with the following table, the dimensions of the screen to be the minimum five years after the use is established.

   (B)   The screens should consist of both seasonal and evergreen plantings.

   (C)   Hardy plants that require low levels of maintenance are recommended.

 

(Ord. 614, passed 2-22-1999)

   (A)   This section limits to one the number of entrances and exits to an arterial street, state, federal or federal aid highway (State Highway 5, U.S. 33, U.S. 6 and Old 33 (Lincoln Way West). However, it does not apply to entrances for emergency use only.

   (B)   Each of the following uses is limited to two entrances:

      (1)   Airport;

      (2)   Cemetery; and

      (3)   Hospital.

(Ord. 614, passed 2-22-1999)

   (A)   Purpose.

      (1)   In order to reduce traffic problems and hazards by eliminating unnecessary on-street parking, every use of land must include on-premises parking sufficient for the needs normally generated by the use, as provided for in this section.

      (2)   Parking spaces or bays contiguous to the street, required by subdivision or other city ordinances, are in addition to and not in place of the spaces so required.

   (B)   Applicability. No new building or structure shall be constructed or used in whole or in part, and no building or part thereof shall be altered, enlarged, reconstructed or used, and no land shall be used unless off-street parking is provided in accordance with the following conditions:

      (1)   No existing off-street parking spaces shall be eliminated by the replacement or enlargement of an existing building or structure, unless they are replaced by spaces provided in accordance with this section;

      (2)   Enlargements or alterations which result in an increase in the ground coverage or the usable floor area of a building or structure shall require additional off-street parking spaces in accordance with the provisions of this section, but only to the extent that the increase exceeds 5% of the ground coverage or 15% of the floor area existing at the time this section becomes effective;

      (3)   Changes in the use of existing buildings, structures or of land shall require additional off-street parking spaces in accordance with the provisions of this section, but only to the extent of the change;

      (4)   Restoration of an existing building or structure that has been damaged or destroyed by fire or other disaster shall be permitted without conforming to the requirements of this division if the restoration or rebuilding complies with the following requirements:

         (a)   The restoration of the building does not increase the ground coverage that was occupied by the structure being replaced by more than 5%;

         (b)   The restoration does not increase the usable floor space by more than 15% over that which was in the building being replaced; and

         (c)   The restoration does not reduce the number of parking spaces that were available to the subject structure, and were in existence, prior to the restoration.

      (5)   In order to encourage the renovation and adaptive reuse of existing commercial structures, and to maintain a tight and cohesive downtown, additional parking spaces are not required for the reuse of existing structures in the central business district, labeled CB.

   (C)   Required off-street parking spaces.

      (1)   Parking spaces shall be provided as follows.

 

      (2)   Drive-up services, including but not limited to bank teller, photo pick-up, car washes, fast food order and pick-up, shall provide waiting space for queuing of vehicles awaiting use of drive-up windows.

         (a)   The requirements are: two 20 foot car-length waiting spaces for each drive-up lane (excluding the space where the transaction takes place), plus one additional space per drive-up lane where the waiting space can be in a common lane for multiple drive-up windows.

         (b)   Drive-up waiting space requirements are in addition to any off-street parking requirement.

   (D)   General regulations.

      (1)   Parking spaces shall not be located in the required front yard except in business and industrial districts.

      (2)   All parking areas must conform to the location requirements prescribed in this chapter.

      (3)   Two or more buildings or uses may collectively provide the required off-street parking in which case the required number of parking spaces shall be not less than the sum of the requirements for the several individual uses computed separately. This provision shall apply to a building having space occupied by two or more uses.

      (4)   When determination of the number of off-street parking spaces required by division (C) above results in a requirement of a fractional space, any fraction of one-half or more shall be counted as one parking space.

      (5)   Every company car, truck, tractor and trailer normally stored at a business site shall be provided with off-street parking space. The space shall be in addition to the parking requirements of division (C) above.

   (E)   Off-site parking facilities. Required parking for a nonresidential development may be located off-site under certain circumstances. Requests for variances allowing the substitution of off-site for on-site parking must meet the following requirements.

      (1)   The off-site parking shall be located so that it will adequately serve the use for which it is intended. In making this determination the following factors, among other things, shall be considered:

         (a)   Proximity of the off-site parking facilities;

         (b)   Ease of pedestrian access to the off-site parking facilities; and

         (c)   The type of use the off-site parking facilities are intended to serve, i.e. off-site parking may not be appropriate for high turnover uses such as retail.

      (2)   A written agreement shall be drawn to the satisfaction of the City Attorney and executed by all parties concerned assuring the continued availability of off-site parking facilities for the use they are intended to serve.

   (F)   Development standards. Each parking area shall comply with the standards as hereinafter set forth.

      (1)   Design.

         (a)   Parking spaces and maneuvering aisles shall have the minimum dimensions set forth in the following table:

 

 

         (b)   Driveways shall be arranged for the free flow of vehicles at all times, and all maneuvering spaces and aisles shall be so designed that all vehicles may exit from and enter into a public street by being driven in a forward direction, except that residential and employee parking spaces may back-in from alleys.

         (c)   Each required off-street parking space shall be designed so that any motor vehicle may proceed to and from the space without requiring the moving of any other vehicle or by passing other vehicle or by passing over any other parking space, except where the parking area is limited to employees.

         (d)   On any parking area in any district, all paved portions of all parking spaces and maneuvering aisles shall be set back five feet from any wall of a building, and five feet from any private or public way, or any lot line of any land in residential districts or used for residential purposes.

      (2)   Construction.

         (a)   All required parking spaces, maneuvering aisles, and driveways except in A districts shall have a durable, dustless, all-weather surface, such as bituminous concrete or cement concrete, and shall provide for a satisfactory disposal of surface water by grading and drainage in such a manner that no surface water shall drain onto any lot in other ownership and the surfaces shall be well maintained.

         (b)   Parking areas in all districts shall be provided with curbing, wheel stops or other devices to prevent motor vehicles from being parked or driven within required setback areas or onto the required landscaped open space.

         (c)   In any parking area, the surface shall be painted, marked or otherwise delineated so that each parking space is apparent.

         (d)   Spaces shall be made available and conform to Americans with Disabilities Act standards.

      (3)   Landscaping.

         (a)   For an outdoor parking area containing 20 or more parking spaces, at least one tree shall be planted for every ten parking spaces on any side of the perimeter of the parking area that abuts the side line of a private or public way, or abuts the lot line of land in residential districts or land used for residential purposes.

         (b)   In any outdoor parking area, a landscaped open space having an area of not less than 10% of the outdoor parking area on the lot shall be provided. A minimum of one-half of the required landscaped open space shall be located in the interior of the parking area and contain ornamental or shade trees and/or shrubs and/or other appropriate plant materials to provide shade and color easily visible when the lot is full of cars.

         (c)   Trees required by the provisions of this section shall be at least two inches in diameter at a height of five feet at the time of planting and shall be of a species characterized by rapid growth and by suitability and hardiness for location in a parking lot. To the extent practicable, existing trees shall be retained and used to satisfy the provisions of this division.

      (4)   Screening. Any parking area which abuts residential districts or uses shall be screened from the residential districts or uses and any parking area shall be screened from a public or private way in accordance with the following requirements.

         (a)   Materials. Plant materials characterized by dense growth which will form an effective year-round screen shall be planted, or a fence or a wall shall be constructed, to form the screen except as prohibited in §§ 156.036 and 156.061 above. Where a grill or openwork fence or wall is used it shall be suitable in appearance and materials. Screening may consist of both natural and human-made materials. To the extent practicable, existing trees shall be retained and used to satisfy the provisions of this division. Plant material shall also be of a type whose roots will not interfere with utilities.

         (b)   Height. Screening shall be at least three feet in height. Plant materials when planted, may be not less than two and one-half feet in height if of a species or variety which shall attain the required height and width within two years of planting. Height shall be measured from the finished grade.

         (c)   Width. Screening shall be in a strip of landscaped open space at least five feet wide, and so located as not to impair visibility of or from approaching traffic or create potential hazards for pedestrians.

         (d)   Maintenance. All required plant materials shall be maintained in a healthy condition and whenever necessary replaced with new plant materials to ensure continued compliance with screening requirements. All required fences and walls shall be permanently maintained in good repair and presentable appearance and whenever necessary they shall be repaired or replaced.

         (e)   Lighting. All artificial lighting used to illuminate a parking area, maneuvering space or driveway shall be arranged and shielded so as to prevent direct glare from the light sources into any public street or private way or onto adjacent property.

         (f)   Earth berms. Where appropriate and recommended by the Design Review Board, landscaped earth berms may be used to help in screening or separating uses or for other useful purposes.

   (G)   Off-street loading. 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.

      (1)   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. Some uses are also subject to §§ 156.062 and/or 156.063 above.

      (2)   Size. Off-street loading berths for over-the-road tractor-trailers shall be at least 14 feet in width by at least 80 feet in length with an 80-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.

      (3)   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.

      (4)   Surfacing. All open off-street loading berths shall be improved with a compacted base not less than six inches thick, or equal, surfaced with not less than two inches of asphaltic concrete or some comparable all-weather, dustless material.

      (5)   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.

      (6)   Off-street loading space requirements. One off-street loading berth shall be provided for every 10,000 square feet of gross floor area but no more than a total of two spaces up to 40,000 square feet of gross floor area, one space for each additional 40,000 square feet up to 160,000 square feet, and one space for every 80,000 additional square feet.

(Ord. 614, passed 2-22-1999)

   (A)   Purpose. The purpose of this section is to permit signs that will not, by reason of their size, location, construction or manner of display, endanger the public safety of individuals, confuse, mislead or obstruct the vision necessary for traffic safety, or otherwise endanger public health, and morals; and to permit and regulate signs in such a way as to support and complement land-use objectives set forth in this chapter.

   (B)   Exempt signs. The following types of signs shall be exempted from the requirements of this section:

      (1)   Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises;

      (2)   Flags and insignia of any government, college, university or veterans organization, except for the height of the structure;

      (3)   Signs erected by or by order of governmental bodies;

      (4)   Integral decorative or architectural features of buildings, except letters, trademarks, logos, moving parts, moving or flashing lights; and

      (5)   Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

   (C)   On-premise signs.

      (1)   In any district, except as noted, the provisions of this division shall be applied to effect the safety of motorists and facilitate traffic movement.

         (a)   No sign shall be erected or maintained at any location where, by reason of its position, wording, illumination, size, shape or color, it may obstruct, impair, obscure, interfere with the view of, or be confused with any authorized traffic control sign, signal or device.

         (b)   No sign shall contain or make use of any phrase, symbol, shape, form or character in such a manner as to interfere with, mislead, or confuse moving traffic.

         (c)   No exterior sign shall be permitted to display flashing, intermittent, revolving, rotating or animated lighting or illumination, nor any illumination which simulates or displays motion.

         (d)   Except as permitted in division (C)(7) below, portable signs are prohibited.

         (e)   All signs not expressly exempted or permitted by this chapter are prohibited.

      (2)   In all districts, the provisions of this division (C)(2) shall apply.

         (a)   No part of any sign which is attached to the exterior wall of a building shall be erected to a height above the roof or parapet line of the building.

         (b)   No illuminated sign shall be permitted in or within 50 feet of property in any residence district.

         (c)   No sign shall extend beyond or overhang any exterior wall of the building upon which they are secured.

         (d)   The minimum setback of free-standing signs from street rights-of-way shall not be less than those given below. Setback shall be measured to the nearest point of the sign to the edge of the right-of-way.

 

 

         (e)   The area of a sign shall be determined by the smallest circle, triangle or rectangle that can be used to enclose the sign, exclusive of supporting members that bear no message.

         (f)   No free-standing sign shall be erected or maintained on or within any easement or right-of-way, public or private.

      (3)   In any residence district, the provisions of this section shall apply.

         (a)   Multi-family developments may display identification signs. The sign shall not exceed nine square feet in area.

         (b)   Nonresidential uses are permitted one bulletin board or identification sign. The sign shall not be erected to a height greater than four feet high and shall not exceed 12 square feet in area unless erected along an abutting street or road having a speed limit in excess of 45 mph; then the area of the sign shall not exceed 30 square feet.

         (c)   For each use listed in divisions (C)(3)(a) and (b) above eligible to display a sign, only one sign per street frontage shall be permitted, except that uses occupying extended frontages shall be permitted one such sign per 500 feet of frontage.

      (4)   In any business district, except as herein provided, the provisions of this section shall apply.

         (a)   Multi-family developments shall be subject to the provisions of division (C)(3) above.

         (b)   Signs shall be permitted as accessory uses for nonresidential uses according to the number and net area of signs set forth below:

 

 

      (5)   In any industrial district, each business or industrial use shall be permitted identification signs on the lot only as incidental uses, not to exceed two such signs or a total net area of 300 square feet.

      (6)   In any agriculture district, the provisions of this section shall apply:

         (a)   Agricultural uses shall be permitted one sign not to exceed 30 square feet.

         (b)   Industrial uses shall be permitted a maximum of two signs not to exceed a combined area of 100 square feet.

         (c)   Business uses shall be permitted two signs not to exceed 30 square feet each.

         (d)   Other nonresidential uses shall be permitted, one bulletin board or identification sign, indicating nothing other than name and/or address of the premises, and schedule of services or other information relevant to the operation of the premises. The sign shall not exceed 12 square feet in area unless erected along an abutting street or road having a speed limit in excess of 45 mph; then the area of the sign shall not exceed 30 square feet. Only one sign per street frontage shall be permitted, except that uses occupying extended frontages shall be permitted one such sign per 500 feet of frontage,

         (e)   Residential uses are subject to the provisions of division (C)(3) above.

      (7)   The signs permitted by this section shall be allowed in any district.

         (a)   One "For Sale" or "For Rent" sign not more than nine square feet in area for each dwelling unit, garage or other quarters where appropriate.

         (b)   One sign, not more than nine square feet in area, for construction and development, giving the name of the contractors, engineers or architects, shall be permitted but only during the time that construction or development is actively underway. Also, one portable sign on premise, not in excess of the number or size provisions of division (C)(4)(b) may be permitted by the Administrator up to, but not to exceed 30 days, if the portable sign is being used in lieu of a permanent sign, or during the period while commercial construction or remodeling is actively underway, to be removed when the permanent sign is erected in the first case, or when construction is completed under that improvement location permit in the second case. In no case shall a portable sign be permitted beyond 30 days.

         (c)   For an event of public interest sponsored by a church, governmental agency, school, political organization or charitable organization, one portable sign not over 50 square feet in area, on the premises on which the event will take place, shall be permitted; the sign shall not be erected more than 30 days before the event in question and shall be removed immediately after the event. Also, directional signs, may be permitted not more than three square feet in area, showing only a directional arrow and the name of the event of public interest; the signs shall not be erected more than 14 days before the event in question and shall be removed immediately after the event.

         (d)   For each real estate subdivision that has been recorded in accordance with the subdivision regulations, one sign, not over 50 square feet in area, advertising the sale of property in the subdivision shall be permitted, but only when located in some portion of the subdivision being advertised for exclusive of any border, trim, ornamental base, apron, supports, embellishments and other structural members, if the exclusions do not exceed 20% of the sign area. The area shall be measured by the smallest square, rectangle, triangle, circle or combination thereof which will encompass the area affected.

   (D)   All signs not expressly exempted or permitted by this chapter are prohibited.

(Ord. 614, passed 2-22-1999)

   (A)   No building or structure may be erected within a regulatory floodway unless a permit has been issued to construct in a floodway by the State Department of Natural Resources.

   (B)   Water well, water lines and sewage facilities located within a flood plain shall be constructed to eliminate contamination by flood water.

(Ord. 614, passed 2-22-1999)

   (A)   No authorization of a use under this chapter includes the authority to discharge liquid or solid wastes into public waters except as permitted under I.C. 13-18.

   (B)   Plans and specifications for proposed sewage and other waste treatment and disposal facilities must be approved by the State Department of Environmental Management and/or the State Board of Health, and any other state department or agency authorized to review and approve the facilities.

(Ord. 614, passed 2-22-1999)

   No activity that may produce undesirable noise, odors, vibration or other form of disturbance or pollution is permitted in the industrial areas, greater than that which is allowed for by the county, the state and the federal government. Note: when two separate standards have been created the stricter of the two shall apply.

(Ord. 614, passed 2-22-1999)

   Apartment buildings in a Central Business District:

   (A)   A minimum of one off-street parking space (being at least nine feet by 20 feet in size) located within 300 feet of the apartment building shall be provided for each apartment;

   (B)   One bedroom apartments shall have at least 450 square feet of living area and two bedroom apartments shall have at least 600 square feet of living area;

   (C)   All ground level apartments located in CB district shall be no less than 800 square feet for a one-bedroom apartment.

      (1)   All ground level apartments located in a CB district shall be no less than 1,000 square feet for a two-bedroom apartment.

      (2)   All ground level apartments located in a CB district shall be no less than 1,200 square feet for a three-bedroom apartment.

      (3)   A ground level apartment cannot take up more room than 50% of the ground level square footage.

      (4)   All ground level apartments are to be located in the rear of the building with the front being defined as abutting Cavin or Main Streets or Lincolnway West.

      (5)   In the event the ground level apartment cannot meet the required square footage for a one-, two-, or three-bedroom apartment within the 50% of the ground level square footage, no apartment shall be permitted.

      (6)   A two hour fire rated wall must separate the ground level apartment in the rear and the retail space in the front.

      (7)   Each ground floor apartment must have an entrance and an exit. None of these required exits for ground level apartments shall go to or through the front side of the building. A properly installed egress window may be used as an exit.

      (8)   All ground floor apartments' electrical system shall be up to code.

      (9)   All ground floor apartments must keep all sidewalks, alley, and public easements free from obstruction.

   (D)   The owner or developer of the apartments shall comply with all state laws, rules and regulations applicable to apartment usage and safety.

(Ord. 688, passed 2-23-2004; Ord. 870-2015, passed 9-14-2015; Ord. 890-2016, passed 9-26-2016)