All structures, land uses, land use changes, structural alterations, structural relocations, structural additions, and structural enlargements that are constructed, created, established, or otherwise 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. 2013-02, passed 3-11-13)

   No structure, parking area, or other site feature regulated by this chapter shall be enlarged, altered, or expanded unless the minimum improvements required by this subchapter are provided to the property to the extent of its alteration or expansion. In the case of a substantial expansion, the portion of the site affected must meet the requirements of this subchapter. An alteration or expansion to an existing property is substantial when the area or square footage of the expanded or altered land (including property used for building space, parking, or storage) or structure, respectively, exceeds 25% of the area or square footage of the existing land or structure, exclusive of the alteration or expansion.

(Ord. 2013-02, passed 3-11-13)

   Under the sections of this subchapter that follow are development standards arranged by category. The standards for each district are set forth in §§ 155.030 through 155.041.

(Ord. 2013-02, passed 3-11-13)

   These lot/yard standards apply to the following districts: AG, R1, R2, R3, R4, MH, PB, B1, B2, TC, LI, HI.

   (A)   Legal nonconforming lots. All existing lots in conflict with the lot/yard regulations at the effective date of this chapter shall be considered legal nonconforming lots.

   (B)   General requirements. Except as provided in this chapter, no building or structure shall be erected, 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 setbacks. The minimum front yard setbacks shall be as noted in the district standards provisions of §§ 155.030 through 155.041.

      (2)   Side yard setbacks. The minimum side yard setbacks shall be as noted in the district standards provisions of §§ 155.030 through 155.041.

      (3)   Rear yard setbacks. The minimum rear yard setbacks shall be as noted in the district standards provisions of §§ 155.030 through 155.041.

      (4)   Lot areas. The minimum and maximum lot areas shall be as noted in the district standards provisions of §§ 155.030 through 155.041.

      (5)   Lot width. The minimum lot width shall be as noted in the district standards provisions of §§ 155.030 through 155.041.

      (6)   Lot frontage. The minimum lot frontage shall be as noted in the district standards provisions of §§ 155.030 through 155.041.

      (7)   Lot depth. Lots shall be of sufficient depth to accommodate all minimum setbacks, minimum lot area, and any applicable minimum primary structure requirements.

      (8)   Public utility requirements. The public utility requirements shall be as noted in the district standards provisions of §§ 155.030 through 155.041.

      (9)   Lot coverage. The maximum lot coverage shall be as noted in the district standards provisions of §§ 155.030 through 155.041.

      (10)   Living and ground floor areas. The minimum dwelling unit and ground floor living areas shall be as noted in the district standards provisions of §§ 155.030 through 155.041.

      (11)   Primary structures. The maximum number of residential and/or primary structures per lot shall be as noted in the district standards provisions of §§ 155.030 through 155.041.

   (C)   Setback standards. No portion of an any structure or material for sale stored outdoors is allowed to be located within the required setbacks. Structures shall include, but not be limited to garages, carports, balconies, roofs, decks, chimneys, cornices, bay windows, eaves, fire escapes, steps, and platforms above normal grade level. Parking spaces, interior drives, other vehicle use areas and sidewalks shall be permitted within the required setbacks at normal grade level subject to the requirements of this chapter.

(Ord. 2013-02, passed 3-11-13)

   The height standards section apply to the following districts: AG, R1, R2, R3, R4, MH, PB, B1, B2, TC, LI, HI.

   (A)   The maximum height permitted shall be as noted in the district standards provisions of §§ 155.030 through 155.041.

   (B)   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. Exceptions to the height standards include:

      (1)   The following structures may exceed the permitted height regulations by twofold, but shall not exceed a total height from grade level of 75 feet:

         (a)   Church steeples;

         (b)   Water towers; and

         (c)   Utility transmission towers.

      (2)   The following structures may exceed the permitted height standards by up to 15 feet, but shall be completely shielded from view by design features of the building:

         (a)   Necessary mechanical appurtenances; and

         (b)   Elevator bulkheads.

      (3)   The height of telecommunication towers and antenna shall meet the requirements of § 155.086.

      (4)   Any non-residential building or structure permitted as a special use in R1 or R2 shall not exceed 35 feet; however, such height may be increased to a maximum of 45 feet provided that for every foot of height in excess of 35 feet, there shall be added to all yard requirements one corresponding foot of width and depth.

(Ord. 2013-02, passed 3-11-13)

   (A)   The accessory use/structure standards apply to the following districts: AG, R1, R2, R3, R4, MH, PB, B1, B2, TC, LI, HI.

      (1)   No accessory structures shall be placed in any required setbacks and shall otherwise comply with all development standards for the zoning district in which they are located.

         (a)   In residential districts, an accessory building may be erected in the rear quarter of the lot and shall be located no less than five feet from the rear lot line; and no less than five feet from an interior lot line.

      (2)   All accessory uses and structures shall be permitted only in association with, and on the same lot as, the primary use or structure. Accessory uses and structures shall not be permitted to be located, placed, or established on any lot prior to a building permit being obtained for the principal building. No accessory building shall be used prior to the principal building or use, except as a construction facility for such principal use during construction. At no time shall it be used for residential purposes.

      (3)   Accessory structures are not deemed to include swing sets, mailboxes, lamp posts, doghouses, tree houses, and other such incidentals except as otherwise stated in this chapter.

      (4)   The following accessory structures are permitted, subject to all applicable requirements of this chapter:

         (a)   Antennas and satellite dishes;

         (b)   Attached and detached decks and patios;

         (c)   Gazebos;

         (d)   Mini-barns, sheds, and other storage buildings;

         (e)   Dumpsters; and

         (f)   Similar structures related to the primary use.

      (5)   Accessory structures shall comply with the following location requirements:

         (a)   No accessory structures shall encroach on any platted easement without written consent of the agency the easement belongs to or is managed by.

         (b)   No accessory structures shall be placed in any operable septic fields.

         (c)   A minimum separation of ten feet shall be provided between an accessory structure and any principal structure or other accessory structure.

         (d)   All accessory structures, with the exception of gazebos and decks, shall only be located to the rear of the primary structure except in the case of corner or through lots; in which case, the structures may be placed to the side of the primary structure, maintaining a minimum setback from the right-of-way line equal to one-half the distance required for the principal structure.

      (6)   No vehicle may be used as an accessory structure in any district.

      (7)   Barns and other similar agricultural buildings shall be considered primary structures on property used for agricultural purposes. All other structures on property used for agriculture, including dwellings, shall be considered accessory structures.

      (8)   Accessory structures and uses permitted as special uses are specified for each zoning district in §§ 155.030 through 155.043.

   (B)   These accessory use/structure standards apply to the following districts: R1, R2, R3, R4.

      (1)   Accessory structures shall comply with the following requirements:

         (a)   On a residential lot on which the primary structure includes an attached garage, up to two accessory structures are permitted with a maximum combined floor area of 400 square feet. Each accessory structure shall have a maximum floor area of 200 square feet.

         (b)   On a residential lot on which the primary structure does not include an attached garage, up to two accessory structures are permitted. One structure being 900 square feet, or two structures totaling 900 square feet are permitted.

   (C)   These accessory use/structure standards section apply to the following districts: B1, B2, LI, HI, PB.

      (1)   Outdoor storage shall be permitted as an accessory use subject to the following requirements:

         (a)   In the B1, General Business; B2, Highway Business; LI, Light Industrial; and HI, Heavy Industrial districts outdoor storage shall be limited as follows:

            1.   B1. Outdoor storage shall be limited to seasonal sales of finished products;

            2.   B2. Outdoor storage shall be limited to seasonal sales of finished products;

            3.   LI. Outdoor storage shall be limited to finished products;

            4.   HI. Outdoor storage of finished products and materials used in production shall be permitted; and

            5.   PB. Outdoor storage shall be limited to seasonal sales of finished products.

      (2)   Outdoor storage of vehicles being stored at auto repair facilities and junk yards shall be consistent with the parking standards of § 155.080.

(Ord. 2013-02, passed 3-11-13)

   The buffer yard standards apply to the following districts: AG, R1, R2, R3, R4, MH, PB, B1, B2, TC, LI, HI.

   (A)   The general purpose of a buffer yard is to soften the potential conflicts between the potential uses in one zoning district and the potential uses in another adjacent district by using setbacks and landscaping. The potential degree (or intensity) of conflict (or potential conflict) between two zoning districts determines the extent of buffer yard required.

   (B)   The following matrix determines the type of buffer yard which shall be installed by the subject development entirely on the subject property.

   (C)   The following general buffer yard standards will apply to all buffer yards.

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

      (3)   No buffer yard or required landscape materials shall be placed within any right-of-way or septic field.

      (4)   All required buffer yard areas shall be provided entirely on the subject property and shall be in addition to setbacks required by this chapter.

      (5)   All required buffer yard trees shall be irregularly spaced and designed to provide theappearance of a natural landscape unless otherwise specified by this chapter. However, no two trees shall be placed within ten feet of one another.

      (6)   All portions of the buffer yard not planted with trees, shrubs or other landscaped materials shall be covered with grass or other ground covering vegetation.

      (7)   No landscaping required by this section may be used to satisfy the minimum requirements of any other provisions of this chapter.

      (8)   All landscape materials must be properly maintained, and kept in a neat and orderly appearance, free from all debris and refuse. All unhealthy or dead plant material shall be removed by the end of the next planting season.

      (9)   Sites which require a buffer yard shall satisfy the following standards:

         (a)   Less than two acres - buffer yard 1;

         (b)   Between two and five acres - buffer yard 2;

         (c)   Over five acres - buffer yard 3.

 

   (D)   The required buffer yards shall meet the following minimum requirements:

      (1)   Buffer yard type 1. Buffer yard type 1 shall include a minimum setback of ten feet in addition to the yard setback otherwise required by this Code. In addition, one deciduous canopy tree must be planted in the buffer yard for every 30 feet of contiguous boundary between the subject and adjoining properties.

      (2)   Buffer yard type 2. Buffer yard type 2 shall include a minimum setback of 20 feet in addition to the yard setback otherwise required by this chapter. In addition, one deciduous canopy tree and two evergreen trees shall be planted in the buffer yard for every 25 feet of contiguous boundary between the subject and adjoining properties.

      (3)   Buffer yard type 3. Buffer yard type 3 shall include a minimum setback of 25 feet in addition to the yard setback otherwise required by this chapter, and a row of deciduous canopy trees shall be planted parallel to the property line within the buffer yard with one tree placed every 20 feet long the boundary between the subject and adjoining properties, or a five- foot tall opaque wooden fence or brick or stone wall, a five-foot tall undulating mound planted with shrubs, or a row of evergreen trees shall be placed parallel to the property line within ten feet of the row of canopy trees along the boundary between the subject and adjoining properties.

         (a)   If an undulating mound is used to fulfill the requirements, one shrub for every ten feet of continuous boundary shall be planted on the mound. All required shrubs shall measure 18 inches in height measured from grade at the time of planting.

         (b)   If a row of evergreen trees is used to meet the requirements, one tree shall be placed every ten feet along the property boundary.

(Ord. 2013-02, passed 3-11-13)

   The performance standards apply to the following districts: B1, B2, LI, HI, PB. All uses placed into operation after the effective date of this chapter should comply with the following general performance standards in the interests of protecting public health, safety, and general welfare and lessening damage to property. No use on a property should exhibit obnoxious characteristics to the extent that it constitutes a public nuisance or interferes with reasonable enjoyment of neighboring properties. No use in existence on the effective date of this chapter should be altered or modified to conflict with these standards. The "Right to Farm" laws may supersede these guidelines as they pertain to farming and agricultural uses.

   (A)   Air pollution. No use on a property should release fly ash, dust, smoke, vapors, noxious, toxic or corrosive matter or other air pollutants in such concentration as to be detrimental to health, animals, vegetation or property, or conflict with public air quality standards.

   (B)   Electrical disturbance. No use on a property should cause electrical disturbance adversely affecting radio, television or other equipment in the vicinity.

   (C)   Fire protection. Fire fighting equipment and prevention measures acceptable to the local Fire Departments should be readily available and apparent when any activity involving the handing and storage of flammable or explosive materials is conducted.

   (D)   Noise. No use on a property should produce noise in such a manner as to be objectionable because of volume, frequency, intermittence, beat, shrillness, or vibration. Such noise should be muffled or otherwise controlled so as not to become detrimental. Public safety sirens and related apparatus used solely for public purposes shall be exempt from this standard.

   (E)   Odor. No use on a property should emit across lot lines any gas or matter with a bad odor in such quantity as to be readily detectable at any point along such lines.

   (F)   Vibration. No use on a property should cause vibrations detectable beyond lot lines without the aid of instruments.

   (G)   Heat and glare. No use on a property should produce heat and glare in such a manner as to create a hazard to neighboring property. No such heat or glare interfere with the reasonable enjoyment of neighboring property, or the safety of transportation routes.

   (H)   Waste matter. No use on a property should accumulate within the lot or discharge waste matter beyond the lot lines.

   (I)   Water pollution. No use on a property should produce erosion or other pollutants in such a quantity as to be detrimental to adjacent properties or to conflict with public water quality standards.

   (J)   Traffic. No use on a property should cause excessive vehicular traffic on adjoining roads.

   (K)   Visual character. No use on a property should adversely impact the general visual or aesthetic character of the neighboring properties or disrupt the general or aesthetic character of the area.

(Ord. 2013-02, passed 3-11-13)

   The environmental standards apply to the following districts: AG, R1, R2, R3, R4, MH, PB, B1, B2, TC, LI, HI. The following standards pertain to environmental concerns in the town. Some of the following standards refer to state regulations. This is not to imply that the town is enforcing state regulations; state regulations are referred to in order to make the affected property owners aware that they exist and need to be complied with in addition to local law.

   (A)   Land suitability. 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 as determined by the Planning Director, Town Engineer, or County Health Department likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of the community.

   (B)   Preservation of natural/historic features. Existing natural and historic features which would add value to the development of the town such as trees, streams, vistas, lakes, historical landmarks, and similar irreplaceable assets, when possible, should 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.

   (C)   Landscaping. Any part or portion of a 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, it shall be planted with an all season ground cover and shall be landscaped with trees and shrubs in accordance with the requirements of this chapter and shall be in keeping with natural surroundings.

   (D)   Cut/fill grade. No cut or fill grade shall exceed a slope of 4/1 or 25%. 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 3/1 in slope.

   (E)   Treatment of fill. Material used for fill where permitted by this chapter and/or by the IDEM, IDNR, or other governmental agency, shall be promptly covered and seeded.

   (F)   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 frame after the removal or destruction of said natural cover, not to exceed 60 days, to prevent erosion.

   (G)   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. Existing natural surface drainage should 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 drainage system which shall be integrated into the drainage pattern of surrounding properties. Swales are required to be placed in an easement to prohibit future filling or constructing. On-site detention for a 100-year storm event shall be required unless a written statement by a licensed engineer indicates that it is not necessary to prevent harm to adjoining properties. All drainage plans are subject to review and approval by the Town Engineer.

   (H)   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 town or the Indiana Department of Transportation. Driveways may be constructed over these swales as permitted by the appropriate agency.

   (I)   Regulated drain setbacks. 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 its location is within 75 feet of the center line of any regulated tile ditch, or within 75 feet of the existing top of bank of any regulated open ditch or tile unless approved by the Town Engineer and Lake County Drainage Board.

   (J)   Projects affecting regulated drains. Regulated drains are under the jurisdiction of the Lake County Drainage Board. The Lake County Drainage Board or Town Engineer shall review and approve all development or projects directly affecting a regulated open ditch or tile per IC 36-9-27.

   (K)   Alterations to bodies of water. No alteration of the shoreline or bed of a river, wetland, or public lake shall be made until appropriate written approval is obtained from the Indiana Department of Natural Resources, and Army Corps of Engineers, the Indiana Department of Environmental management; and the provisions of this chapter are complied with.

   (L)   Retention, detention, and pond edges. All retention, detention, and pond edges must be maintained with a buffer of natural plantings within 20 feet of the peak elevation. The use of "rip-rap" or any other engineered hard edges shall not exceed 5% of lineal feet of the total edge of any retention facility, detention facility, or pond.

   (M)   Code compliance/hazardous waste. All development must be in compliance with IC Title 13, as amended, as it relates to hazardous waste, low level nuclear waste, underground storage tanks, waste tires, and other applicable chapters of IC Title 13.

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

   (O)   Waste/debris. No waste materials such as garbage, rubbish, household appliances, inoperable vehicles, furniture designed for interior use, gasoline, oil, flammables, soils, tars, chemicals, greases, dead plant material, noxious weeds, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity, or temperature so as to contaminate, pollute, or harm water bodies or ground water, provide a habitat for disease carrying animals and insects, or represent a public safety hazard shall be deposited, located, stored, or discharged outside on any lot; nor shall such waste be allowed to accumulate within structures in a manner that is inconsistent with applicable regulations for the storage of such materials.

   (P)   Fuel storage. No highly flammable or explosive liquids, solids, or gasses specified by the State Fire Marshal shall be stored except in accordance with the rules established by the State Fire Marshal.

(Ord. 2013-02, passed 3-11-13)

   The flood hazard area standards apply to the following districts: AG, R1, R2, R3, R4, MH, PB, B1, B2, TC, LI, HI. Development in flood hazard areas shall be in accordance with Title 15, Land Usage, Chapter 151, Flood Hazard Areas, of the Lowell Code of Ordinances.

(Ord. 2013-02, passed 3-11-13; Am. Ord. 2020-04, passed 3-9-20)

   (A)   These parking standards apply to the following districts: AG, R1, R2, R3, R4, MH and PB. Two off-street parking spaces, paved or gravel, are required per farm-related dwelling unit. Off-street parking spaces may not fully or partially be in a public right-of-way, utility easement, or septic field. Each space must be at least 10 feet by 20 feet. Parking spaces shall be provided on the same lot as the dwelling units for which they are required. Parking areas must be designed as to prevent vehicles from having to back into or maneuver in public streets.

   (B)   These parking standards apply to the following districts: R1, R2, R3, R4, MH, and PB. Two off-street parking spaces, paved with asphalt or concrete, are required per non-farm dwelling unit. Further, off-street parking spaces may not fully or partially be in a public right-of-way. Each space must be at least 10 feet by 20 feet. Parking spaces shall be provided on the same lot as the dwelling units for which they are required.

   (C)   These parking standards apply to the following districts: B1, B2, LI and HI. All required non-farm parking spaces and lots shall conform to all of the following requirements:

      (1)   Driving surfaces. All parking areas, including parking spaces, interior drives, and ingress/ egress into parking areas must be paved with asphalt or concrete. All parking areas shall be clearly painted to show each parking space.

      (2)   Drainage. Parking areas must be constructed to allow proper drainage which shall be subject to the review and approval of the Planning Director and Town Engineer

      (3)   Access to public streets. Parking areas must be designed as to prevent vehicles from having to back into or maneuver in public streets.

      (4)   Locations. Parking lots shall not be located in any right-of-way or easement.

      (5)   Curbs and wheelstops. All parking areas shall be completely curbed and wheel stops shall be provided as necessary to protect pedestrians and/or landscaping.

      (6)   Lighting. Lighting for parking areas shall conform with the applicable requirements of § 155.093.

      (7)   Landscaping. Landscaping for parking areas shall conform with the applicable requirements of the § 155.091.

      (8)   Off-site parking. Parking spaces required in this section may be provided either on the premises or on an off-site lot located within 700 feet of the premises.

         (a)   Two or more uses may provide off-site parking collectively on one lot if the total number of spaces shall not be less than the sum of the spaces required for each use.

         (b)   Two or more uses for which the normal hours of operation do not overlap may share parking either on or off-site.

         (c)   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 Planning Director. The agreement shall be recorded in the office of the County Recorder. A copy of the agreement shall be kept in the office of the Plan Commission.

      (9)   Handicap parking. Handicap parking spaces shall be provided in all parking areas consistent with the requirements of the Americans with Disabilities Act.

      (10)   Parking space and interior drive dimensions. Parking spaces and interior drives shall conform with the following requirements:

 

 

      (11)   Spaces required. The minimum number of parking spaces required per property shall be determined by adding up the spaces required for each applicable statement in the table that follows:

 

   (D)   These parking standards apply to the following districts: R1, R2, R3, R4, MH, PB, B1, B2, TC, LI and HI.

      (1)   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.

      (2)   Vehicles or trailers of any type without current license plates and registration or in an inoperable condition shall be prohibited other than in completely enclosed buildings or associated with permitted junk yards or auto-repair facilities. Such vehicles associated with permitted junk yards or auto-repair facilities must be stored consistent with the following requirements:

         (a)   All such vehicles, including antique vehicles, shall be stored within the rear or side yard. In no case shall such vehicles be stored in any right-of-way, front yard, or required setback area.

         (b)   All storage areas for such vehicles shall be completely enclosed with a six- foot tall, 100% opaque wood, stone, or masonry fence. Gates allowing access to the storage areas are permitted, shall be closed when not in use, and shall consist of six-foot tall, 100% opaque wooden doors.

      (3)   No vehicle or tractor-trailer of any type may be used predominantly for the purpose of personal storage.

   (E)   These parking standards apply to the following districts: R1, R2, R3, and R4.

      (1)   Outdoor storage of recreational vehicles, trailers, boats, and similar vehicles shall not be permitted on public streets and rights-of-way. Such vehicles shall not be permitted on private property unless all of the following conditions are met:

         (a)   Each vehicle shall either be placed within an enclosed building or behind the front setback of the zoning district and no closer than three feet to any side or rear lot line on an improved parking surface; and

         (b)   The owner of each vehicle so parked or stored shall inhabit, as their primary residence, a permitted dwelling unit located upon said lot; and

         (c)   During the time each vehicle is parked or stored such vehicle shall bear a current Indiana license plate, shall remain unoccupied for any fixed purpose and shall not be connected to any sanitary sewer facilities.

      (2)   Recreational vehicles, trailers, boats, and similar vehicles shall be permitted to be parked in front of the front building setback on an improved parking surface between the period from April 1 to October 31 of each calendar year, provided such vehicle does not infringe upon any dedicated right-of-way, parkway, sidewalk, or visual site line.

   (F)   These parking standards apply to the following districts: R1, R2, R3, R4, MH and TC. Trucks over 11,000 pounds gross vehicle weight, tractor-trailers, semi-tractors, and buses shall not be permitted to park or store such vehicle on any public street, public right-of-way, or private property, except for the purpose of loading and unloading of such vehicle. Buses owned or leased, and operated by, a church or place of worship, or public or private school, and used solely for church/school related activities, are permitted to be parked on an improved parking surface directly associated with the facility.

(Ord. 2013-02, passed 3-11-13; Am. Ord. 2022-05, passed 3-14-22)

   These loading standards apply to the following districts: B1, B2, LI, HI and PB. There shall be provided off-street loading berths 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, alley, or other public right-of-way. No permitted or required loading berth shall be located within 50 feet of the nearest point of intersection of any two streets.

   (B)   Size. Off-street loading berths for over-the-road tractor-trailers shall be 14 feet in width and 120 feet in length including the apron. For local pick-up and delivery trucks, off-street loading berths shall be at least 12 feet in width and 60 feet in length including the apron. All loading spaces shall be provided with a vertical clearance of not less than 15 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 not interfere with traffic movements. There shall be no maneuvering within the right-of-way. In no case shall a loading berth be located in such a manner as to require loading/unloading vehicles to back into a public right-of-way.

   (D)   Surfacing. All open off-street loading berths shall be improved with a compacted base of asphalt or concrete.

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

   (F)   Landscaping. The paved surface of all loading areas shall be considered as part of the parking lot and shall be factored into calculations for required landscaping as specified by § 155.091.

   (G)   Berths required. Off-street loading berths shall be required based on the following table:

 

 

(Ord. 2013-02, passed 3-11-13)

   (A)   The entrance/drive standards apply to the following districts: AG, R1, R2, R3, R4, MH, PB, B1, B2, TC, LI and HI. The intent of entrance and drive standards is to provide for a safe and efficient vehicular and pedestrian transportation system. All classification of roads shall be based on the applicable Lowell Thoroughfare Plan.

      (1)   The location of drives on or near curves and changes in grade shall be investigated individually by the town and evaluated for their sight distance and the design speed of the roadway or the posted speed limit, whichever is greater. The town may specify entrance and drive locations based on this investigation.

         (a)   No entrance or drive shall be permitted within:

            1.   140 feet of the apex of a curve (30 degrees or greater) where the road is an arterial;

            2.   120 feet of the apex of a curve (30 degrees or greater) where the road is a collector;

            3.   70 feet of the apex of a curve (30 degrees or greater) where the road is a local toad.

         (b)   No entrance or drive shall be permitted: Within a minimum of 225 feet from the crest of a hill where the slope on either side of the crest is 6% or greater, ad the speed limit is 45 mph or less; or where the visibility to or from the desired location is determined to be otherwise impaired by the Planning Director.

         (c)   Curb cuts and drives are permitted within 30 feet of the crest of a hill unless the Planning Director determines the visibility to be impaired.

      (2)   No entrance or drive shall exceed the following pavement widths for two-way traffic (if one way, the measurements shall be one-half of the below measurements):

         (a)   30 feet if from a non-residential or multi-family residential zoning district;

         (b)   24 feet if from a single-family residential zoning district onto any type of street;

         (c)   To be determined by the Planning Director in cases where non-residential entrance drives involve more than two lanes.

      (3)   The Plan Commission may determine that the following are necessary:

         (a)   An acceleration or deceleration lane; or

         (b)   A passing blister at a new entrance or drive.

   (B)   The entrance/drive standards apply to the following districts: B1, B2, LI, HI and PB. No entrance or drive shall be permitted to begin within:

      (1)   200 feet of any intersecting road for parcels having frontage of 300 feet or more;

      (2)   150 feet of any intersecting road for parcels having frontage of 200 feet or more;

      (3)   50 feet of any intersecting road for parcels having frontage of 100 feet or more. (The distances for the above standards shall be determined by measuring from the right-of-way line to the curb or edge of pavement (whichever is less) of the entrance or drive.)

      (4)   No two entrances or drives shall be within 100 feet of any intersecting road.

(Ord. 2013-02, passed 3-11-13)

   The sight visibility standards apply to the following districts: AG, R1, R2, R3, R4, MH, PB, B1, B2, TC, LI and HI. The intent of sight visibility 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.

   (A)   All intersections must maintain an area (sight visibility triangle) where primary or accessory structures, trees, vegetation (other than agriculture crops), or signs (other than road signs) are not allowed to be placed or to project between a height of three and eight feet measured from the nearest top-of-curb (or edge of pavement where curbs are not present). The sight visibility triangle is illustrated below.

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   (B)    The sight visibility triangle shall be established by connecting points located along the intersecting rights-of-way at the distances from the point of intersection required by the table below.

 

 

(Ord. 2013-02, passed 3-11-13)

   The home occupation standards apply to the following districts: AG, R1, R2, R3, R4 and MH. Home occupations shall be allowed as either permitted uses or special uses consistent with the provisions of §§ 155.030 through 155.043. The allowed home occupations are classified as either a type I home occupation or a type II home occupation as defined below.

2013 S-24

   (A)   Type I home occupations. Type I home occupations are those which meet the following standards which permit minimal business practices in certain residential zoning districts while maintaining residential character. Type I home occupations shall be permitted uses, consistent with the accessory use and structure standards of this subchapter and the provisions of §§ 155.030 through 155.043.

      (1)   The home occupation must not involve the employment of any person other than those residing at the location of the home occupation.

      (2)   At least one person residing on the premises must be the primary operator of the home occupation.

      (3)   The home occupation must not involve any exterior storage or display of products, equipment or materials.

      (4)   The home occupation must not make any use of accessory structures, including attached and detached garages.

      (5)   The home occupation must utilize no more than 25% of the total floor area of the primary structure.

      (6)   The home occupation must not require any exterior, structural or aesthetic alterations to the dwelling unit that change the residential character of the dwelling unit.

      (7)   The home occupation must not require any additional entrances to the dwelling unit.

      (8)   The home occupation must not require an identification sign exceeding two square feet attached to the primary structure. No off-site signs or signs in the yard of the property shall be permitted.

      (9)   The home occupation must not require increasing or enhancing the size, capacity, or flow of the water, gas, septic, sewer, or electrical system beyond what is standard for a residence.

      (10)   The home occupation must not involve clients, associates, or persons visiting, shopping, meeting, or otherwise doing business at the location of the home occupation, and therefore not require the addition of any off-street parking spaces.

      (11)   The home occupation must not require the use of commercial vehicles for pickup and deliveries other than from the U.S. Postal Service, UPS, and other express couriers.

   (B)   Type II home occupations. Type II home occupations are those which meet the following standards which permit reasonable business practices in certain residential and agricultural zoning districts while maintaining residential and rural character and the viability of farming operations. Type II home occupations shall be special uses, consistent with the accessory use and structure standards of this subchapter and the provisions of §§ 155.030 through 155.043.

      (1)   The home occupation must not involve retail sales or manufacturing operations, but may include professional and personal services, or auto, furniture, and appliance repair.

      (2)   The home occupation must not involve the employment of any more than one person who does not reside at the location of the home occupation.

      (3)   At least one member residing on the premises must be the primary operator of the business.

      (4)   The home occupation must not require any exterior storage or display of equipment or materials, including vehicles (operable or inoperable), equipment, or appliances being serviced by the home occupation.

      (5)   No more than 40% of the total floor area of any level of the primary structure shall be used for the home occupation. However business practices in accessory structures are permitted.

      (6)   The home occupation shall not require any exterior structural or aesthetic alterations to the dwelling unit that change the residential character of the dwelling unit.

      (7)   The home occupation must not require an identification sign exceeding two square feet attached to the primary structure. No off-site signs or signs in the yard of the property shall be permitted.

      (8)   The home occupation must not require increasing or enhancing the size, capacity, or flow of the water, gas, septic, sewer, or electrical system beyond what is standard for a residence.

      (9)   The home occupation must not require the use of commercial vehicles for pickup and deliveries other than from the U.S. Postal Service, UPS, and other express couriers.

   (C)   Nuisances. Home occupations which comply with the requirements of this section but are deemed by the Planning Director to be a nuisance or distract from the residential character of the area by excessive traffic, noise, vibration, electrical interference, odors, light smoke, fumes, or other offensive characteristics shall be prohibited.

   (D)   Interpretation. The Planning Director shall determine to what extent any proposed or existing home occupation is consistent with the requirements of this section.

(Ord. 2013-02, passed 3-11-13)

   These adult-oriented use standards apply to the following districts: AG, R1, R2. R3, R4, MH, PB, B1, B2, TC, LI and HI.

   (A)   Prohibitions. The establishment, enlargement, reconstruction or structural alteration of any adult-oriented business shall be prohibited if such business is within:

      (1)   1,320 feet of any church/place of worship, public or private preschool, elementary or secondary school or day care, or public park;

      (2)   1,320 feet of any residential or manufactured housing zoning district.

   (B)   Exclusion. No adult business shall be established, enlarged, reconstructed, resumed, or structurally altered unless the site or proposed site is located in the Light Industrial (LI) zoning district. An adult- oriented business shall be specifically excluded from all other zoning districts.

   (C)   Proximity. The distance between an adult business and any place of worship, school, park, day care center, residential zoning district, or manufactured housing zoning district shall be measured in a straight line from the closest exterior structural wall of the adult business to the nearest property line of the church/place of worship, day care center, school, park, or residential zoning district. If any adult business is part of or included within a retail complex/center, the portion of such center or leased space occupied by such adult business shall be included in determining the closest exterior structural wall of such establishment.

   (D)   Exterior display. No adult business shall be conducted in any manner that permits the observation of any material depicting, describing, or relating to sexual activities or sexual anatomical areas by display, decorations, sign, window or other building opening from any public way.

(Ord. 2013-02, passed 3-11-13)

   (A)   These telecommunication facility standards apply to the following districts: AG, R1, R2. R3, R4, MH, PB, B1, B2, TC, LI and HI. The purpose of this section is to allow for the provision of adequate reliable public and private telecommunication service and to maximize the use of any transmission tower and tower site in order to reduce the total number of towers and locations needed to serve the telecommunications needs of the area; to minimize adverse, undesirable visual effects of towers through careful design, siting, and vegetative screening. All wireless telecommunication facilities shall meet the following provisions:

      (1)   Required approvals. The placement of telecommunications facilities shall meet the following approval requirements as detailed in this section:

         (a)   The installation of new antenna on existing towers, including legal non-conforming towers, and existing alternative structures (such as water towers, buildings, or church steeples) may be approved by the Planning Director subject to conformance with all applicable requirements of this chapter.

         (b)   The installation of new accessory structures to support the installation of antenna on existing towers or alternative structures may be approved by the Planning Director subject to conformance with the applicable requirements of this chapter.

         (c)   The installation of new towers shall be approved either by the Planning Director as a permitted use or by the Board of Zoning Appeals as a special use consistent with the provisions of this section.

      (2)   Determination of tower need. Any proposal for a new telecommunications tower shall only be approved if the applicant submits verification that the antennas planned for the proposed tower cannot be accommodated on any existing or approved towers or structures within a three-mile radius of the proposed tower location due to one or more of the following reasons:

         (a)   The antennas would exceed the structural capacity of the existing or approved tower or structure as documented by a qualified and licensed professional engineer, and the existing or approved

tower, building or structure cannot be reinforced, modified, or replaced to accommodate the antennas at a reasonable cost.

         (b)   The antennas would cause interference impacting the usability of other existing or planned equipment at the tower site. Supportive documentation by a qualified and licensed professional engineer indicating that the interference cannot be prevented at a reasonable cost must be provided.

         (c)   The existing or approved towers or structures within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.

         (d)   Other unforeseen reasons make it unfeasible or impossible to locate the planned telecommunications equipment upon an existing or approved tower or structure as certified and documented by a qualified and licensed professional engineer.

         (e)   The owner or operator of the antenna is unable to enter a commonly reasonable lease term with the existing tower owner or land owner.

         (f)   Additional land area is not available.

      (3)   Design requirements. All telecommunications facilities shall meet the following design requirements:

         (a)   Towers and antennas should generally be designed to blend into the surrounding environment through the use of color, camouflaging and architectural treatment, except in an instance where the color is dictated by federal or state authorities such as the Federal Aviation Administration.

         (b)   Wireless telecommunication service towers less than 131 feet tall should generally be of a monopole design and, when located within or adjacent to an environmentally, aesthetically sensitive area or a residential district, designed in such a way as to architecturally camouflage the wireless telecommunication service tower as much as reasonably practical to blend into the surroundings.

         (c)   The use of contextually compatible materials such as wood, brick, or stucco is required for associated support structures, which shall be designed to architecturally match the exterior of any adjacent residential or commercial structures within the neighborhood or area. Only if the facility will be 100% screened, as determined by the Planning Director, during all seasons may other materials be used.

         (d)   Only when lighting is for safety or security reasons or required by the Federal Aviation Administration or other federal or state authority will it be permitted. All ground level security lighting shall be oriented inward so as not to project onto surrounding properties, and shall have 90 degree cut-off luminaries (shielded downlighting).

         (e)   Any proposed telecommunication tower shall be designed, and engineered structurally, electrically and in all other respects to accommodate both the applicant's equipment and at least one additional user for every 50 feet in total tower height in excess of 75 feet.

            1.   Each additional user shall be assumed to have an antenna loading equal to that of the initial user.

            2.   Towers must be designed to allow for future rearrangement of antennas upon the tower and accept antennas mounted at varying heights.

         (f)   No tower, including an attached antenna, shall exceed 199 feet in height. No accessory structure shall exceed 15 feet in height.

      (4)   Site requirements. All telecommunications facilities shall meet the following site requirements:

         (a)   All telecommunications facilities shall be fully automated and unattended on a daily basis, and shall be visited only for periodic maintenance and emergencies.

         (b)   Vehicular access to the tower and equipment building shall, whenever feasible, be provided along existing driveways.

         (c)   The lot where the tower is located (or lease area) shall be large enough to accommodate all future anticipated accessory structures needed by future antenna users. The size of the site shall also be of sufficient area to allow the location of two additional towers and associated support facilities. At a minimum, the width and depth of the tower site shall be 50 feet greater than a distance equal to the tower height.

         (d)   No part of any wireless telecommunications facility nor any lines, cables, equipment or wires or braces in connection with either shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line.

         (e)   An eight-foot high security fence shall completely surround the tower and equipment building site. An area ten feet in width may remain outside of the fence for the purpose of providing the landscape screening described in division (4)(f) below.

         (f)   Evergreen buffer plantings shall be located around the outermost perimeter of the security fence of all wireless telecommunications facilities, including any guy wires and anchors.

            1.   If evergreen hedges are used they shall be a minimum of five feet tall at the time of planting and planted a maximum of three feet on center.

            2.   If evergreen trees are used they shall be a minimum of six feet tall at the time of planting and planted a maximum of ten feet on center.

            3.   Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.

      (5)   Construction requirements. All antennas, tower and accessory structures constructed within the town jurisdiction, shall comply with the following construction requirements:

         (a)   All applicable provisions of the Building Code of the State of Indiana and the Federal Communications Commission.

         (b)   Towers shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the Indiana Building Code.

         (c)   Towers and antennas shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code.

         (d)   Towers shall be constructed to conform with the requirements of Occupational Safety and Health Administration.

         (e)   An engineer's certification shall be submitted to document and verify the design specifications including but not limited to, the foundation for the tower, anchors for the guy wires if used, co-location, and strength requirements for natural forces; ice, wind, earth movements, etc.

         (f)   All signal and remote control conductors of low energy extending substantially horizontally above the ground between a tower, antenna and a structure, or between towers, shall be at least ten feet above the ground at all points, unless buried underground.

         (g)   Towers and antennas shall be designed and constructed, at a minimum, to withstand wind gusts of at least 80 miles per hour with one-half inch of ice, also accommodating any co-location requirements.

      (6)   Existing facilities. The following shall apply to existing antennas and towers:

         (a)   Existing towers may continue in use for their current purpose but may not be replaced or structurally altered without complying in all respects to the requirements in this chapter.

         (b)   Any request submitted to the Plan Commission to install an antenna to be located on an existing approved or grandfathered tower will only require an improvement location permit and a copy of the contract between the applicant company and the owner of the tower.

         (c)   If such towers are damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former location, and physical dimensions upon obtaining an improvement location permit. However, if the cost of repairing the tower to the former use, physical dimensions, and location would be 10% more than the cost of a new tower of like kind and quality, then the tower may not be repaired or restored except in full compliance with all requirements in this chapter.

      (7)   Inspection. All towers may be inspected periodically by an official of the town and/or a qualified and licensed engineer to determine compliance with the original construction standards. Deviation from original construction for which a permit is obtained constitutes a violation of this chapter.

      (8)   Removal. Any tower unused or left abandoned for 12 consecutive months shall be removed by the tower owner at its expense. At the time an improvement location permit is received for the construction of any tower or antenna, both the property owner and tower owner shall provide a bond meeting the requirements of the town in an amount and duration necessary to ensure the tower's and/or antenna's removal.

   (B)   These telecommunication facility standards apply to the following districts: PB, B1 and B2. Wireless telecommunications facilities shall require approval as a special use from the Board of Zoning Appeals and shall meet all the following requirements in addition to the general requirements and all other applicable provisions of this chapter:

      (1)   The minimum side and rear property setbacks shall be equal to 80% of the height of the tower. Towers shall not be permitted in any required front yard.

      (2)   The maximum height of the tower shall be 150 feet. The maximum height of any accessory structure shall be 15 feet.

      (3)   The tower shall be placed no closer than 500 feet to any residentially zoned or used property.

   (C)   These telecommunication facility standards apply to the following districts: LI and HI. Wireless telecommunications facilities shall be permitted provided that they meet all the following requirements in addition to the general requirements and all other applicable provisions of this chapter:

      (1)   The minimum setback from the side and rear property line shall be equal to 50% of the height of the tower. Towers shall not be permitted in any required front yard.

      (2)   The maximum height of the tower shall be 199 feet. The maximum height of any accessory structure shall be 15 feet.

      (3)   The tower shall be placed no closer than 500 feet to any residentially zoned or used property.

(Ord. 2013-02, passed 3-11-13)

   (A)   These mobile/manufactured home standards apply to the following districts: AG, R1, R2, R3, R4 and MH. Mobile and manufactured homes shall be permitted as described in the Land Use Matrix in § 155.043.

   (B)   These mobile/manufactured home standards apply to the following districts: AG, R1, R2, R3, R4 and MH.

      (1)   All homes sites shall be provided with a stand consisting of either a solid concrete slab or two concrete ribbons of a thickness and size adequate to support the maximum anticipated loads during all seasons.

         (a)   When concrete ribbons are used, the area between the ribbons shall be filled with a layer of crushed rock.

         (b)   Each stand shall be provided with an anchoring for each corner of the mobile home able to sustain a minimum tensile strength of 2,800 pounds.

      (2)   Foundation skirting shall be provided around each home completely enclosing the undercarriage. All hitches, wheels, and other attachments to the home used to aid in transportation shall be removed or concealed beneath the skirting.

      (3)   Each home shall be provided with an enclosed, waterproof storage space either as an accessory structure on each home site, behind the skirting, or at a central storage facility.

      (4)   Common concrete sidewalks at least four feet in width shall be provided adjacent to all interior drives and around all recreational and accessory use areas. Concrete sidewalks at least four feet in width shall be provided from the front door of each manufactured home to the common sidewalks adjoining the interior drives.

   (C)   These mobile/manufactured home standards apply to the following districts: AG, R1, R2, R3, R4 and MH.

      (1)   Each new development of ten or more mobile home sites shall be provided with properly ventilated and constructed storm shelters located at a central location. Where storm shelters are required, space shall be provided at a minimum rate of 18 square feet for each new dwelling unit, or manufactured home space. Storm shelters shall be built in accordance with applicable local and state building codes.

      (2)   In the case where an existing mobile home park is expanded so that the new total mobile home sites in the development is ten or more, a storm shelter must be constructed according to this code to accommodate the new total number of sites in the development.

(Ord. 2013-02, passed 3-11-13)

   These public improvement standards apply in the following districts: AG, R1, R2, R3, R4, MH, PB, B1, B2, TC, LI and HI.

   (A)   General requirements. Developments are permitted only if the public streets, drainage facilities, and utilities are adequate to serve the proposed development.

      (1)   The Plan Commission, based on the recommendations of the Town Engineer and Planning Director, shall make determinations as to needed street, utility, and drainage improvements.

      (2)   All public improvements must be constructed to comply with all applicable standards included in this chapter, the Subdivision Control Code, being §§ 155.190 et seq. and any other adopted construction standards of the town.

   (B)   Sidewalks. All developments shall be required to install public sidewalks along any public streets within and adjacent to the development.

      (1)   All sidewalks shall be constructed in the right-of-way or in a sidewalk easement adjacent to the right-of-way.

      (2)   Sidewalks shall be separated from the back of curb of the adjacent road by a planting strip which is a minimum of ten feet in width along arterial and local roads. Generally, the back of the sidewalk shall not be located less than one foot inside of the right-of-way line for the adjacent road.

      (3)   Sidewalks shall be a minimum of five feet in width and constructed of concrete consistent with all applicable town construction standards.

   (C)   Internal pedestrian ways. All developments shall be required to install designated walks or paths providing for pedestrian and bicycle movement between public sidewalks and the structures on the site.

      (1)   These designated walks shall be a minimum of five feet in width and include an improved surface of concrete.

      (2)   Designated walks shall be separated by grade or distance from entrance drives and internal traffic aisles and drives.

   (D)   Street dedications. All developments shall be required to dedicate right-of-way consistent with the classifications of the town Thoroughfare Plan for all existing and proposed roads transecting or adjacent to the property being developed.

   (E)   Street construction. The owners of new development shall install the portion of new roads proposed by the adopted Thoroughfare Plan transecting or adjacent to a property being developed if either of the following conditions are present:

      (1)   The development has direct access to the road proposed by the Thoroughfare Plan; or

      (2)   The road proposed by the Thoroughfare Plan will provide previously unavailable access to other properties controlled by the owner of the new development.

   (F)   Street trees. All developments shall be required to provide street trees within the right-of-way.

      (1)   One street tree shall be planted for every 40 feet of road frontage.

      (2)   All street trees shall be a minimum of two and one half inch caliper as measured consistent with the American Nursery Standards Institute (ANSI) at the time of planting and shall be of a species listed as an approved street tree in the Subdivision Control Code, §§ 155.190 et seq.

      (3)   No tree may be planted so that its center is closer than two feet to a sidewalk or curb, or edge of pavement if no curbs are present. No tree shall be planted within 25 feet of the intersection of two street rights-of-way, or within ten feet of the intersection of a street and an entrance driveway. No tree shall be planted within ten feet of any fire hydrant or five lateral feet of any underground utility service.

   (G)   Public utilities. All new developments shall be required to connect to public sanitary sewer, water, and stormwater drainage systems as specified by §§ 155.030 through 155.043.

      (1)   Stormwater drainage systems in developments shall not result in any additional run-off being transferred to adjacent properties other than through proper easements established for that purpose.

      (2)   The size of all water and sewer mains shall be large enough not only to serve the areas under immediate consideration, but also to serve areas which are likely to be developed and which should be served by the extensions under consideration.

      (3)   Fire hydrants and other firefighting infrastructure shall be installed consistent with the requirements of the appropriate fire district.

   (H)   Easements. No structure, with the exception of fences, may be located in, or otherwise obstruct any easement. Fences shall be permitted within easements subject to the receipt of written permission from the easement holder. Approval of the Planning Director shall be required for all fences proposed for placement in easements which are held by the town.

   (I)   Dry fire hydrants. In locations where fire hydrants served by a public water system cannot be provided, dry hydrants shall be provided in all lakes and stormwater retention and detention ponds subject to the specifications of the appropriate local fire department.

(Ord. 2013-02, passed 3-11-13; Am. Ord. 2015-24, passed 9-14-15)

   These temporary use/structure standards apply in the following districts: AG, R1, R2, R3, R4, MH, PB, B1, B2, TC, LI and HI.

   (A)   Temporary structures are permitted for up to one year with approval of the Board of Zoning Appeals in any zoning district provided that the use is a permitted use in that zoning district.

   (B)   Portable, temporary storage units are permitted in a residential district for up to seven days at a time, and up to 30 days total per calendar year, without obtaining approval from the Board of Zoning Appeals.

   (C)   Temporary structures must meet all development standards for a permanent structure unless otherwise specified in this section.

   (D)   Temporary uses and/or structures which seek extensions of the initial time limits established for that use or structure in this section shall be subject to the approval of the Board of Zoning Appeals. An unlimited number of one- year extensions of time may be granted for a temporary use or structure by the Board of Zoning Appeals. The Board may impose reasonable conditions as part of its approval.

   (E)   No extensions of the time limits described in this section shall be considered for any temporary use or structure that violates any conditions listed in this section or any other provision of this chapter.

   (F)   All temporary structures or uses shall require a permit unless otherwise specified in this subchapter. No temporary use or structure, or the signage, lighting, landscaping, or parking areas for such facilities shall be constructed, placed upon a site, or altered prior to all necessary permits being obtained.

   (G)   All temporary uses or structures must be removed and the original site reverted to its original condition within the duration of the permit.

   (H)   Temporary uses and structures which represent a public nuisance in the opinion of the Planning Director shall be removed from the property.

   (I)   A nuisance temporary use/structure shall include, but not be limited to, one which creates road

congestion or prevents adequate access by fire trucks and other emergency vehicles, or disrupts the residential character of neighborhood with excessive outdoor lighting or sound.

   (J)   Permitted construction trailers may be established on the site of construction no more than three weeks prior to the start of construction and shall be removed within three weeks after issuance of a certificate of occupancy for the last primary structure.

(Ord. 2013-02, passed 3-11-13)

   (A)   These fence and wall standards apply to the following districts: AG, R1, R2, R3, R4, MH, PB, B1, B2, TC, LI and HI.

      (1)   Fences and walls shall be permitted in all zoning districts with a permit subject to conformance with the following requirements:

         (a)   All fences and walls shall present the non-structural face outward.

         (b)   All fences and walls may be permitted up to any property line that is not also a right-of-way line.

         (c)   All fences and walls shall be setback a minimum of two feet from all adjacent rights-of-way.

         (d)   No fence or wall may be placed in any right-of-way or any required sight visibility triangle.

         (e)   No fence or wall may be placed in any drainage, utility, sidewalk, landscaping, access or other easement without written permission from the easement holder.

         (f)   No fence or wall may be placed in any required buffer zone that does not specifically provide for the inclusion of fences.

      (2)   Fences specifically required by this chapter for screening, swimming pools, telecommunications facilities, or other purposes may exceed the maximum heights established by this section in a manner consistent with the specific requirements of this chapter.

      (3)   The height of a fence shall be determined by measuring from the highest grade to the highest point of the fence, including any posts or finials.

   (B)   These fence and wall standards apply to the following districts: R1, R2, R3, R4, MH, PB, B1, B2, TC, LI and HI. Fences and walls shall not exceed six feet in height in any side or rear yard and shall not exceed three feet in any front yard. For the purposes of this requirement, the front yard shall be defined as all areas located between any adjacent streets and the walls of the primary structure which face them.

(Ord. 2013-02, passed 3-11-13; Am. Ord. 2015-17, passed 8-24-15)

   (A)   These landscaping standards apply to the following districts: R1, R2, R3, R4, MH, PB, B1, B2, TC, LI and HI. Landscaping is an essential part of the design and development of a site. Such plantings are a benefit to the general welfare of the community through the reduction of storm water runoff, glare, and heat buildup, and improved aesthetics of the community.

 

      (1)   Planting standards. Under no circumstances shall any artificial plant be installed and/or counted as part of the required plantings. All plant materials shall be living plants and shall meet the following requirements:

         (a)   In no instance shall any landscaping required by this section, or by any other section of this chapter be used to meet the requirements of a different chapter section. In all cases the landscaping required by any section of this chapter shall be considered as being in addition to any other requirements.

         (b)   Any existing vegetation on site which is retained may be counted towards the minimum landscaping requirements.

         (c)   All new trees required to be planted by this chapter shall be measured consistent with the American Nursery Standards Institute (ANSI).

            1.   All deciduous trees shall be two and one half inches in diameter at the time of planting measured at six inches above the root ball.

            2.   All evergreen trees shall be six feet in height at the time of planting measured from the base of the root ball.

            3.   All shrubs shall be 12 inches in height at the time of planting measured from ground level.

            4.   No landscaping materials, vegetation, plants, shrubs, trees, retaining walls, bedding, lighting, or mounds may extend into any existing or proposed right-of-way or easement without written permission from the agency that established the right-of-way or easement.

      (2)   Design standards. All proposed landscape materials should complement the form of the existing trees and plantings. Light water, soil quantity and quality, and on-going maintenance requirements should be considered in selecting plant materials.

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

         (a)   All unhealthy or dead plant material shall be replaced by the next planting period. Other defective landscape material shall be replaced or repaired within three months.

         (b)   Landscape materials are intended to grow, spread and mature over time. Landscaping materials used to fulfill requirements of this section may not be pruned, topped or otherwise treated so as to reduce overall height or level of screening. Pruning, limbing-up topping, and other inhibiting measures including removal may only be practiced to insure the public safety, to maintain a neat and attractive appearance and to preserve the relative health of the material involved.

      (4)   Interior planting requirements. Landscaping shall be required on each lot based on the use of that lot as defined in the table above. Where a lot is occupied by a combination of land uses listed below, only plantings consistent with the requirements for the land use that would result in the most landscaping is required.

   (B)   These landscaping standards apply to the following districts: R3, R4, MH, PB, B1, B2, TC, LI and HI. 

      (1)   Parking lot landscaping. In addition to the interior planting requirements, landscaping on the perimeter and in the interior of parking lots shall be provided.

      (2)   Perimeter screening. All parking lots, including parking spaces, interior drives, and loading/ unloading areas, must be screened on each side adjoining any residentially zoned or used property.

         (a)   The screening must be placed within five feet of the parking area, and shall consist of either evergreen trees, or a combination of an earthen berm, shrubs, and evergreen trees.

         (b)   All evergreen trees and shrubs must meet the planting requirements provided by this section.

         (c)   All screening shall provide a barrier at least four feet in height at the time of installation.

      (3)   Interior planting. To help reduce excessive heat build-up and emissions from large areas of hard surfacing, landscape areas must be provided within parking lots.

         (a)   Landscape islands with a surface area equal to 8% of the area of the parking lots (including all parking spaces, interior drives, loading docks, drop-off/pick-up lanes, and access drives beyond the right-of-way) shall be provided in all parking lots with more than 15 parking spaces.

         (b)   The required landscape areas shall meet the following requirements:

            1.   All required landscaped areas shall consist of curbed islands or peninsulas which are surrounded on at least two sides by pavement. Landscaping on the perimeter of the parking lot shall not be counted toward this requirement.

            2.   All landscape islands must be a minimum of 150 square feet in area.

            3.   No individual landscape area shall be larger than 350 square feet in size in a parking lot that is less than 30,000 square feet, and no individual area shall be larger than 1,500 square feet in a parking lot that exceeds 30,000 square feet.

            4.   One deciduous tree and two shrubs shall be provided within the landscape islands for every 150 square feet of interior landscape area required.

      (4)   Design requirements. Landscaping provided at the perimeter of, and interior to parking areas shall meet the following design requirements:

         (a)   Parked vehicles may hang over the interior landscaped area up to two and one half feet, and wheel stops shall be provided to insure no greater overhang or penetration of the landscaped area.

         (b)   All areas not landscaped with hedges, walls, or trees shall be provided with grass or other acceptable ground cover.

(Ord. 2013-02, passed 3-11-13)

   These large scale retail standards apply to the following districts: PB, B1 and B2. This section shall apply to all retail development which includes one or more structures which individually exceed 25,000 square feet in gross floor area. The purpose of these standards is to provide additional design criteria for large scale retail facilities to ensure safe and efficient vehicle and pedestrian circulation, and protect the general welfare of the community by ensuring that such facilities are consistent in design with, and complimentary to, adjacent land uses and the physical characteristics of the town.

   (A)   Architectural design standards. The architectural design of the structure shall meet the following requirements:

      (1)   Facades and exterior walls. Facades and exterior walls shall generally be articulated to visually reduce the scale of the building and provide visual interest.

         (a)   All buildings shall be designed with a minimum of eight external corners.

         (b)   All front facades between external corners which equal or exceed 200 feet in length shall incorporate wall plane projections or recesses along at least 20% of the their length. All such wall plane projections or recesses should have a depth equal to at least 3% of the length of the facade.

         (c)   All facades which face a public street shall have arcades, display windows, entry areas, or awnings at the ground floor along a minimum of 60% of their horizontal length at the ground floor.

         (d)   Building penthouses shall be incorporated into the building facade design and make use of exterior materials consistent with the facades.

      (2)   Tenant spaces. When smaller, tenant spaces are located within a structure that exceeds 25,000 square feet in gross floor area, such spaces shall meet the following requirements when located along the front facade of the building:

         (a)   Each such space may have a customer entrance which is separate from the main entrance(s) of the structure.

         (b)   The ground level facade of each such store located along the front facade shall be transparent between the height of three and eight feet above the exterior grade level for a minimum of 60% of the horizontal length of the front building facade occupied by each.

      (3)   Roofs. All roof-top equipment, such as HVAC units, shall be screened from public view on all sides by parapets, dormers or other screens. The material of all structures used to screen roof-top

equipment shall be consistent with the exterior materials used on the facade of the structure. Roofs shall also meet the following requirements:

         (a)   Flat roofs shall feature parapets concealing roof-top equipment. The parapets shall not exceed an average height equal to 15% of the height of the supporting wall, and shall not at any point exceed a height equal to 30% of the supporting wall.

         (b)   Sloped roofs shall feature a roof plane change, gable, or dormer for every 100 feet of horizontal length.

            1.   Sloped roof exterior material shall either be standing seam metal or dimensional shingles.

            2.   Sloped roofs shall include overhanging eaves which extend a minimum of three feet beyond the supporting walls.

            3.   Sloped roofs shall not be sloped less than 15 degrees nor greater than 45 degrees.

      (4)   Building materials. A minimum of three different materials shall be used for all front building exteriors. The primary front building facade materials shall consist of stone, brick, glass, ornamental metal, architectural precast (panels or detailing), or architectural metal panels. Generally smooth-faced concrete block, tilt-up concrete panels, or pre-fabricated steel panels shall not be used for the front building exterior.

      (5)   Customer entrances. All customer entrances located along the front facade, including those for smaller, tenant spaces as described above, shall be clearly defined and highly visible. The design of each entrance shall feature a combination of three or more of the following features:

         (a)   Canopies and porticos;

         (b)   Overhangs;

         (c)   Recesses or projections;

         (d)   Arcades;

         (e)   Raised, corniced parapets;

         (f)   Peaked roof forms;

         (g)   Arches;

         (h)   Outdoor patios;

         (i)   Display windows;

         (j)   Architectural details, such as tile work and moldings which are integrated into the building structure and design; or

         (k)    Fixed-in-place planters or wing walls that incorporate landscaped areas and places for sitting.

   (B)   Building orientation. The structure shall be required to face and have its main entrance located on the side of the building which faces a public street.

      (1)   In cases where such structures face more than one public street and the streets are of different classifications in the Thoroughfare Plan, the building shall face the street which is of the highest use classification. Main entrances may also be located on the corner of a building which faces two public streets.

      (2)   No loading docks, overhead service doors, or trash collection bins may be placed on, or adjacent to any facade which faces a public street.

   (C)   Additional regulations. All structures regulated by this section shall also meet the requirements of this chapter. These provisions shall apply regardless of whether or not the structure is located within or outside of the corridor overlayzoning district. All other applicable requirements of this chapter and other adopted regulations of the town shall also apply.

(Ord. 2013-02, passed 3-11-13)

   These outdoor lighting standards apply to the following districts: AG, R1, R2, R3, R4, MH, PB, B1, B2, TC, LI and HI. All outdoor lighting systems in the town shall be consistent with the following minimum standards and requirements.

   (A)   Purpose and intent. The purpose of this section is to regulate the placement, orientation, distribution patterns, and fixture types of outdoor lighting. The intent is to encourage lighting that:

      (1)   Provides safety, utility and security;

      (2)   Prevents glare on public roadways;

      (3)   Protects the privacy of residents; and

      (4)   Reduces atmospheric light pollution.

   (B)   Outdoor lighting compliance statement. The applicant for any permit for work involving outdoor lighting fixtures governed by this section shall submit, as part of the site plan, evidence that the proposed work will comply with this section. This information shall contain but not be limited to the following:

      (1)   The location, height, make, model, lamp type, and wattage of each outdoor lighting fixture;

      (2)   Certification that the angle of total light cutoff is no more than 90 degrees; and

      (3)   Additional information the Planning Director may determine is necessary, including but not limited to luminance level profiles.

   (C)   Approved materials and methods of construction, installation or operation. The provisions of this section are not intended to prevent the use of any design, material, or methods of installation or operation not specifically prescribed by this section, provided any such alternate has been approved. The Planning Director may approve any such proposed alternative provided it:

      (1)   Provides at least approximate equivalent to the applicable specific requirement of this section; and

      (2)   Is otherwise satisfactory and complies with the purpose and intent of this section.

   (D)   General requirements.

      (1)   In all zoning districts. All outdoor lighting fixtures, including display lighting, shall be turned off after close-of-business, unless needed for safety or security, in which case the lighting shall be reduced to the minimum level necessary.

      (2)   Auto/truck filling stations. Island canopy ceiling fixtures shall be recessed.

      (3)   Recreational facilities, public or private. Lighting for outdoor recreational facilities shall be shielded according to the table at the end of this section.

      (4)   All light fixtures that are required to be fully shielded shall be installed and maintained so that the shielding is effective as described in the definition of a full-shielded fixture in the definitions below.

      (5)   A minimum of one foot-candle of light shall be provided in commercial areas where pedestrians might be present.

   (E)   Special requirements. In industrial and commercial districts, and industrial, commercial and institutional uses in any zoning district:

      (1)   Outdoor lighting fixtures shall comply with the shielding requirements described in the table below;

      (2)   Light trespass from a property shall be designed not to exceed 0.5 foot-candles at the property line.

 

   (F)   Exemptions. The following uses shall be exempt from the provisions of this chapter:

      (1)   Roadway and airport lighting and lighting activated by motion sensor devices;

      (2)   Temporary circus, fair, carnival, or civic uses;

      (3)   Construction or emergency lighting, provided such lighting is temporary and is discontinued immediately upon completion of the construction work or abatement of the emergency necessitating said lighting;

      (4)   Temporary lighting;

      (5)   Lighting associated with agricultural pursuits.

   (G)   Definitions.

      FULLY SHIELDED FIXTURE. An outdoor lighting fixture that is shielded or constructed so that all light emitted is projected below a horizontal plane running through the lowest part of the fixtures.

      GLARE. Light that causes annoyance, discomfort, or loss in visual performance and ability.

      OUTDOOR LIGHTING FIXTURE. An electrically powered illuminating device or other outdoor lighting fixture including all parts used to distribute the light and/or protect the lamp, permanently installed or portable, used for illumination. Such devices shall include, but are not limited to, search, spot flood and area lighting.

      RECESSED LIGHTING FIXTURE. An outdoor lighting fixture recessed into a canopy ceiling so that the bottom of the fixture is flush with the ceiling.

(Ord. 2013-02, passed 3-11-13; Am. Ord. 2015-24, passed 9-14-15)

   These streetscape standards apply to the following districts: AG, R1, R2, R3, R4, MH, PB, B1, B2, TC, LI and HI.

   (A)   Purpose and intent. These streetscape requirements are meant to ensure the construction of a continuous, pedestrian friendly, network of streets which disperse traffic flow over as many routes as possible. The requirements are meant to prevent the arterialization of existing streets and to ensure that new development does not unduly impose costs on existing residents in the form of congestion or expensive street improvements, such as road widenings.

   (B)   General.

      (1)   The thoroughfares are intended for use by vehicular and pedestrian traffic and to provide access to lots and open spaces.

      (2)   The thoroughfares consist of vehicular lanes and public frontages. The lanes provide the traffic and parking capacity. They consist of vehicular lanes in a variety of widths for parked and for moving

vehicles. The frontages contribute to the character of the zone or district. They include the types of sidewalk, curbing, planter, and street tree.

      (3)   Thoroughfares should be designed in context with the form guidelines and desired design speed of the zones and districts through which they pass. Thoroughfares that pass from one zone or district to another shall adjust their public frontages accordingly or, alternatively, the zone or district may follow the alignment of the thoroughfare to the depth of one lot, retaining a single public frontage throughout its trajectory.

      (4)   Within the more rural zone or district, pedestrian comfort shall be a secondary consideration of the thoroughfare. Design conflict between vehicular and pedestrian movement shall be generally decided in favor of vehicular mobility.

      (5)   Within the more urban zone or district, pedestrian comfort shall be a primary consideration of the thoroughfare. Design conflict between vehicular and pedestrian movement shall be decided in favor of the pedestrian.

   (C)   Thoroughfares.

      (1)   The standards for vehicular lanes shall be as shown in the appropriate development guidelines.

      (2)   Thoroughfares shall connect to existing T intersections adjacent to properties being developed.

      (3)   Thoroughfares shall connect to existing stub roads adjacent to properties being developed.

      (4)   Blocks shall conform to the standards prescribed in the appropriate development guidelines. The size of blocks shall be measured as the perimeter of the outside curb face. Exceptions shall be made when inhibited by natural features, or existing conditions. In cases of exception, the shortest, most logical block size shall be made.

      (5)   T Intersections shall be prohibited except when terminating at major public buildings, public open spaces, or when inhibited by existing conditions or natural features.

      (6)   Blocks shall be sufficient width to provide for two tiers of lots of appropriate depth.

      (7)   Stub roads shall be constructed at edges of property in order to create future through streets.

      (8)   Cul-de-sacs shall be designed to prevent their length from exceeding 300 feet. Dead end streets, excluding stub roads, shall be prohibited except when inhibited by natural features.

      (9)   New road layouts shall not prevent adjacent properties from being able to meet the above stated thoroughfare standards or zoning standards.

(Ord. 2013-02, passed 3-11-13)

   (A)   These wind energy conversion system standards apply to the following districts: AG, R1, R2, R3, R4, MH, PB, B1, B2, TC, LI and HI. The following standards apply to micro wind energy conversion systems.

      (1)   Supporting structure.

         (a)   Any micro wind energy conversion system tower or supporting structure placed on the roof of a primary or accessory structure shall not exceed the height of the structure's roof by 15 feet.

         (b)   Any micro wind energy conversion system supported primarily by a tower or pole shall comply with the standards for small wind energy conversion systems set forth in division (B) below.

      (2)   Rotor diameter. The maximum rotor diameter shall be ten feet.

      (3)   Safety. The rotors (blades) shall not extend horizontally beyond the roof of the primary or accessory structure.

      (4)   Noise. Noise levels generated shall not exceed 40 DBA at the property line.

      (5)   Generators shall not produce detrimental electromagnetic interference on adjacent properties.

      (6)   Wind turbines shall be painted a non-reflective, non-obtrusive color such as the manufacturer's default color option or a color that conforms to the environment and architecture of the community. Micro wind energy structures shall maintain galvanized steel brushed aluminum or white finish, unless FAA standards required otherwise.

      (7)   Micro wind energy conversion systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind turbine.

      (8)   Illumination. Micro wind energy conversion systems shall not be illuminated in any way unless required by FCC or FAA regulations. FCC or FAA regulations shall be demonstrated to the Planning Director prior to installation.

      (9)   Abandoned systems. A micro wind energy conversion system shall be considered abandoned if use as a wind energy conversion system is discontinued for one year or more. The Plan Commission or Planning Director may require removal of it after a 90-day notice period.

   (B)   These wind energy conversion system standards apply to the following districts: AG, B1, LI and HI. The following standards apply to small wind energy conversion systems.

      (1)   Supporting structure. A freestanding tower or pole.

      (2)   Height. Maximum 120 feet to the top of the rotor blade at its highest point. The minimum height of the rotor axis turbine shall be 30 feet from the base of the tower.

      (3)   Rotor diameter. The maximum rotor diameter shall be 30 feet.

      (4)   Minimum setbacks. Equal to the height of the tower measured from all:

         (a)   Property lines; and

         (b)   Overhead utility lines (except those connecting to the principal building).

         (c)   Additionally, no tower shall be placed within any required front, rear, or side yard.

      (5)   Access shall be limited by:

         (a)   A six -foot high fence around the base of the tower;

         (b)   Limiting tower climbing apparatus to not lower than 12 feet above the ground; or

         (c)   A design that does not include climbing apparatus because the turbine is lowered for service.

      (6)   All access doors or panels to wind turbine towers and electrical equipment shall be lockable.

      (7)   Noise. Noise levels generated shall not exceed 40 DBA at the property line.

      (8)   Generators shall not produce detrimental electromagnetic interference on adjacent properties.

      (9)   Wind turbines shall be painted a non-reflective, non-obtrusive color such as the

manufacturer's default color option or a color that conforms to the environment and architecture of the community. Small wind energy towers shall maintain galvanized steel, brushed aluminum or white finish, unless FAA standards required otherwise. The town may require a photo of a small wind energy system of the same model that is subject of the landowner's application adjacent to a building or some other object illustrating scale (e.g., manufacturer's photo).

      (10)   Small wind energy conversion systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind turbine.

      (11)   Electrical controls and control wiring and power-lines shall be wireless or underground except where small wind energy system wiring is brought together for connection to the transmission or distribution network, adjacent to that network.

      (12)   Appropriate warning signage (e.g., electrical hazards) shall be placed on wind turbine towers, electrical equipment, and small wind energy conversion systems.

      (13)   If a small wind energy conversion system is to be interconnected to the electric utility, proof of an executed interconnect agreement shall be provided before the system is interconnected.

      (14)   Abandoned systems. A small wind energy conversion system shall be considered abandoned if use as a wind energy conversion system is discontinued for one year or more. The Plan Commission or Planning Director may require removal of it after a 90-day notice period.

(Ord. 2013-02, passed 3-11-13)