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

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

   (C)   Requirements for non-conforming uses and uses permitted by special exception or variance. Any use which is non-conforming in the zoning district in which it is located or is permitted by special exception or variance shall be consistent with the standards for the zoning district in which the use is permitted by this chapter. The Board of Zoning Appeals may specify the appropriate standards for all uses permitted by special exception or variance.

(Ord. 121410, passed 1-11-2011)

   (A)   Dimensions. The bulk use standards for each zoning district classification shall be as prescribed by the Bulk Use Standards Matrix located in Chapter 154, Appendix B.

   (B)   Encroachment.

      (1)   Residential districts. Balconies, stoops, stairs, chimneys, bay windows, and roof eaves/overhangs (a maximum of 12 inches measured from exterior material to fascia board) shall be permitted to extend within a minimum front yard setback to a maximum of ten feet. Hedges, garden walls, or fences may be built on property lines or as a continuation of building walls.

      (2)   Non-residential districts. In no instance shall any structure be allowed to locate within a required setback. For the purposes of administering and enforcing this chapter, structures in this case shall include, but shall not be limited to the following: garages, carports, balconies, roofs, decks,

chimneys, fire escapes, and platforms above grade level. Parking spaces, interior drives, other vehicle use areas and sidewalks may be permitted within a required setback provided the improvement complies with all applicable provisions of this chapter.

   Figure 7: Yard and Setbacks Diagram

   Figure 8: Front Yard Setback Diagrams

   (A)   General height standards. Refer to the Bulk Use Standards Matrix in Chapter 154, Appendix B of this chapter.

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

      (1)   General exceptions. The following structures may exceed the permitted height regulations by two-fold (x2):

         (a)   Church steeples;

         (b)   Spires, belfries, and cupolas; and

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

      (2)   Telecommunications towers and antenna. The height of telecommunication towers and antenna shall comply with the height requirements of this chapter. Refer to Chapter 154, Appendix B, Bulk Use Standards Matrix.

      (3)   Amateur radio towers. Amateur radio towers shall meet the requirements of the specific use standards of § 154.064 of this chapter.

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

         (a)   Necessary mechanical appurtenances;

         (b)   Utility substations and related essential facilities;

         (c)   Water tanks;

         (d)   Chimneys;

         (e)   Fire towers;

         (f)   Stair towers;

         (g)   Stage bulkheads; and

         (h)   Elevator bulkheads.

      (5)   Agricultural structures. All structures in a zoning district where agriculture is allowed that are used in agricultural products storage and/or processing may exceed the permitted height standards for the district in which they are located and be erected to any height that is necessary for their operation. This exemption shall not be interpreted as applying to commercial agricultural structures, such as commercial grain terminals and similar uses.

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

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

(Ord. 121410, passed 1-11-2011)

   (A)   Architectural standards for single- and two-family residential developments. It is the intent of these design standards to promote both technically and aesthetically high quality housing options within the town that contribute to the character and value of the town. Under conditions where a strict interpretation of these design standards may be either physically impossible or contravene the design intent, a modification to the residential architectural standards may be proposed to maintain the spirit, rather than the letter, of the law. The request for modification shall be submitted to the Technical Review Committee for review. Within a reasonable amount of time, the Technical Review Committee shall review the request for modification making a recommendation to approve, approve with conditions, or disapprove the request to the Plan Commission.

      (1)   Street orientation and massing.

         (a)   Residential uses. All residential construction shall comply with respect to street orientation and massing to adjacent homes.

         (b)   Institutional use provisions.

            1.   Schools, churches, and government buildings shall be built so that they terminate a street vista whenever possible, and shall be of sufficient design to create visual anchors for the community.

            2.   Civic building walls shall be clad in stone, brick, marble, or cast concrete. Civic building roofs shall be clad in slate, sheet metal, corrugated metal, or diamond tab asphalt shingles. Flat roof lines are allowed.

            3.   All rooftop equipment on civic buildings shall be enclosed in building material that matches the structure or is visually compatible with the structure.

      (2)   Roofs. All roofing materials shall be subject to approval by the Plan Commission.

         (a)   Two or more roof planes visible on the front of the house shall be required.

         (b)   The pitch of the largest square footage roof must be 6:12 or greater with façade gables of 8:12, unless the style of the house warrants a change. A roof pitch of 3:12 may be permitted for prairie style homes subject to review by the Architectural Review Committee.

         (c)   There shall be a minimum roof overhang of eight inches, measured from the exterior surface of the exterior material, on all sides of a house featuring brick or stone. There shall be a minimum roof overhang of 12 inches, measured from the exterior surface of the exterior material, on all sides of a house featuring any type of siding that is not brick or stone.

         (d)   The roof shall be covered with the highest industry standard roofing materials including, but not limited to natural clay tiles, slate, concrete tiles (with natural texture and color), wood shakes or shingles (with adequate fire protection), or high profile, three-dimensional asphalt/fiberglass shingles with a 30-year warranty, or synthetic or recycled material that simulates tile, stone, shake or slate.

         (e)   All metal roofing shall be approved by the Plan Commission.

      (3)   Building material requirements.

         (a)   Where two wall materials are combined horizontally on one elevation, the heavier material must be below.

         (b)   The exterior elevations of all single story residences 1,500 square feet or less in livable floor area shall be masonry. This requirement shall include all sides of the structure, exclusive of windows, doorways and bays.

         (c)   The exterior wall surface of the first floor of any multi-story residence shall be masonry.

         (d)   At least 50% of the front elevation of all residential buildings greater than 1,500 square feet, exclusive of windows, doorways (other than garage doors), and bays, shall be masonry. When garage doors are allowed on a front elevation, in making the calculation, garage doors shall be included as part of the front elevation.

         (e)   The side and rear elevations of all residences greater than 1,500 square feet that abut a street, open space, trail, or park, shall have at least 50% masonry as the exterior building material on all visible elevations.

         (f)   All vinyl siding shall be approved and endorsed as meeting or exceeding ASTM D3679 by the Vinyl Siding Institute through their Vinyl Siding Certification Program. Vinyl siding shall be a minimum thickness of 0.048 inches. Lap siding shall have a maximum six inch exposed board face. A letter or certificate stating such shall be attached to each building permit request. All vinyl siding colors shall be submitted for review by the Architectural Review Committee.

         (g)   All front elevation returns shall be required to match the front elevation masonry in style and height.

         (h)   Provide detailing that transition or frame material changes. Example: decorative caps on brick/stone, trim boards, and the like. Home styles that do not lend themselves to such transitions may be approved by the ARC.

         (i)   For at least 60% of the building foundation perimeter, use any combination of concrete, stone, or unique variation of color, texture, or material, at least ten inches in height, around the base of the building. Buildings may alternatively incorporate other architectural features such as ledges, facade reveals, ground level fenestration, raised planters, or landscaping elements within three feet of finished grade.

   Figure 9: Sample Brick Wrap Calculation

      (4)   Façade design/construction requirements.

         (a)   A single front elevation (denoted as “S” in illustration below) shall not be repeated unless it is separated by at least two different front elevations along either side of the subject elevation (S) and three different front elevations across the street (shown as “1” in the illustration below). Elevations denoted as “2” in the illustration below may be the same front elevation; however, the town encourages builders to utilize a different color package if the same elevation is chosen. The ARC shall have the right to determine that certain elevations are considered the same elevation, even if they are named differently by the builder. This determination shall be made by the ARC in a public meeting.

         (b)   There shall not be more than 10% of the houses in the subdivision with the same front elevation.

         (c)   The exterior wall surface of the first floor of any multi-story residence shall have a minimum of one two foot step back on both the front and rear elevation and a gable on the front and rear elevation, unless the style of the house warrants a change.

         (d)   Exterior chimneys for fireplaces which abut a public road shall be made entirely of masonry. Half chimneys for gas appliance fireplaces shall have a roof and vent on the side, and are hereby expressly prohibited from being located on the front elevation.

         (e)   All siding shall match in terms of type, color, and texture.

         (f)   Front porches are encouraged, and are to be a minimum of four feet in depth without columns. In the event that a front porch has columns, the columns shall be a minimum of six inches by six inches for a single-story porch, or 12 inches by 12 inches for a two-story porch.

         (g)   Stains and paints used for exterior walls need to comply with the existing appearance and character of the neighborhood.

         (h)   Monolithic exterior building walls (walls with one type of siding and no windows or doors) are prohibited. There shall be a change of siding materials and/or architectural features (such as windows, chimneys, doors, and the like) on all sides of each house.

         (i)   While two openings (i.e. windows or doors) are preferred, there shall be a minimum of one opening provided on all elevations of a residential building, with the exception of elevations that face a street. Any elevation facing a public street shall have a minimum of three openings.

         (j)   With the exception of large picture windows, casement windows and small windows that do not open, there shall be permanent external window treatments on all windows visible from a public street. Acceptable window treatments include, but are not necessarily limited to shutters and dividers (i.e. mullions or inserts).

         (k)   Exhaust vents shall not be visible from the front elevation of the home. Additionally, no wall-mounted vent or louver shall be located on the first floor exterior of a front elevation.

         (l)   It is required that the workmanship on the exterior of the building will be of highest industry standard resulting in no visual defects (such as wavy siding).

         (m)   Unless adjacent to masonry wrap, all windows, doors and corners shall have a minimum nominal one inch by six inch wood or vinyl surround.

         (n)   All siding must be masonry, wood, cement fiber board, stucco, matching approved materials in scale, E.I.F.S. All siding shall be reviewed by the Architectural Review Committee.

      (5)   Mailboxes. The location and construction of mailboxes shall comply with the rules and regulations of the U.S. Postal Service.

         (a)   Architectural detailing, horizontal/vertical off-sets, window details and other features shall be provided on all sides of the building to avoid blank walls.

         (b)   All siding must be masonry, wood, fiber cement plank siding, stucco, decorative pre-cast panels, matching approved materials in scale, integrally colored block stone, E.I.F.S. Each building must feature a minimum of 50% brick or stone on all elevations visible from an adjacent property or street. All siding shall be submitted for review by the Architectural Review Committee.

         (c)   Projects with multiple buildings must have the site layout and building orientation reviewed by the Plan Commission.

         (d)   Windows are required on all sides of the dwelling that are visible from the street.

         (e)   Entries shall be clearly defined and accented with such features as awnings, porticos, overhangs, recesses/projections, arcades, raised corniced parapets over the door, peaked roof forms, and arches.

         (f)   Any structure with three or more units shall incorporate wall articulation to reduce apparent scale. Elements such as wall plane projections, recesses, significant architectural features that break up the wall plane, columns, pilasters, and the like can be used to achieve this.

         (a)   The roof shall be a minimum of 6:12 on sloped roofs; a façade gable shall be a minimum of 8:12.

         (b)   There shall be a minimum roof overhang of nine inches on all sides of a multi-family residential building with a sloped roof.

         (c)   The roof shall be covered with the highest industry standard roofing materials including, but not limited to natural clay tiles, slate, concrete tiles (with natural texture and color), wood shakes or shingles (with adequate fire protection), or high profile, three-dimensional asphalt/fiberglass shingles with a 30-year warranty, or synthetic or recycled material that simulates tile, stone, shake or slate.

         (d)   Any structure with three or more units shall incorporate roof articulation to reduce apparent scale. Elements such as balconies, porches, arcades, dormers, cross gables, secondary hipped or gabled roofs can be used to achieve this appearance.

         (a)   Front porch greater than eight feet by four feet (see also § 154.113(A)(4)(f) for column specifications);

         (b)   Reverse gables;

         (c)   Covered front stoops/steps with pathway leading from sidewalk;

         (d)   A separate overhead door for each garage bay;

         (e)   Decorative garage doors or windows in garage doors;

         (f)   Transom windows;

         (g)   Veranda/balcony;

         (h)   Two or more roof planes;

         (i)   Brick or stone on 100% of the front elevation, exclusive of openings;

         (j)   Two or more dormers;

         (k)   At least four feet of relief at one or more points along the front elevation;

         (l)   Bay windows;

         (m)   Side-loaded garages with courtyard entry;

         (n)   Full first floor masonry;

         (o)   Sunroom, screened porch, or balcony;

         (p)   Overhangs or soffits of at least 15 inches over all exterior walls; or

         (q)   Use of brick and stone on the same elevation.

      (6)   Any commercial uses or buildings constructed within a M-1 or M-2 District, as permitted by this chapter, shall meet the requirements of the neighborhood commercial architectural standards, and shall have a similar design or theme, materials, and compatible architecture with that of the multi-family residential buildings on-site.

      (7)   Stand-alone clubhouses, amenity buildings, and the like shall meet the architectural requirements of the multi-family-1 and -2 architectural standards.

         (a)   Façade colors shall be low reflectance, subtle, neutral hues or colors. The use of high-fluorescent colors shall be prohibited. Building trim and accent areas may feature brighter colors or primary colors, provided the building trim and accent areas do not exceed 10% of any single exterior façade exclusive of all windows, doors, or other building openings. Building trim and accent areas featuring brighter colors or primary colors in excess of 10% of any single exterior façade shall be submitted for review by the Architectural Review Committee.

         (b)   All buildings are to have similar design or theme, materials, and compatible architecture.

         (c)   All siding must be brick, stone, cement fiber board, stucco, decorative pre-cast panels, architectural metal panels, matching approved materials in scale, integrally colored CMU, E.I.F.S., or a combination of these materials. Each building must feature a minimum of 50% brick or stone on all elevations. Any smooth-face CMU is limited to use as a trim or accent material. Changes in material shall be separated with a transition material. All siding material shall be submitted for review by the Architectural Review Committee.

         (d)   For projects with multiple buildings, site layout and building orientation will be reviewed by the Technical Review Committee. Attempts shall be made to incorporate variation in building height, building mass, roof forms and changes in wall planes.

         (e)   The exterior of all buildings adjacent to residential areas shall be limited to brick, stone, stucco, E.I.F.S., fiber cement board, or another material approved by the Plan Commission.

         (f)   If the length of any elevation is greater than 50 feet, it shall have incorporated into the wall plane at least one projection or recess of at least three feet and extending a width of at least 20% of the length of any elevation. If the length of any elevation is greater than 100 feet, it shall have incorporated into the wall plane at least two projections or recesses with a depth of at least three feet and a width of at least 20% of the facade length. If the length of any elevation is greater than 150 feet, it shall have incorporated into the wall plane at least two projections or recesses with a depth of at least five feet and a width of at least 20% of the facade length. If the length of any elevation is greater than 250 feet, it shall have incorporated into the wall plane at least three projections or recesses with a depth of at least five feet and a width of at least 20% of the facade length. Flat roofs shall feature articulation that coincides with the wall plane articulation. For the purposes of administering and enforcing this chapter, an awning shall not constitute a facade projection. The ARC may approve wall plane recesses and projections designs that do not meet the above noted minimums; however, under no circumstance shall the ARC approve a wall plane design that does not include any projections or recesses, unless the wall planes are less than 50 feet in length.

         (g)   All commercial buildings of 15,000 square feet or less shall incorporate four-sided architecture. All buildings elevations shall feature the same materials and level of architectural detailing as the front elevation. Exceptions may be granted by the ARC for a side or rear elevation which is not visible from an adjacent property, or an existing or planned private street or public right-of-way.

         (h)   Integrate at least one material change, color variation, or horizontal reveal for every floor of a building facade (greater than two stones); vertical spacing may be averaged over facade. On such buildings, the first floor facade shall appear to be greater than the other floor heights. Integrate at least one material change, color variation, or vertical reveal every 50 horizontal feet of building facade (greater than 15,000 square feet); horizontal spacing may be averaged over facade elevation. All buildings, regardless of size or number of stories, shall use scale and design elements, such as but not limited to special lighting, awnings, trees, and other elements, to visually relate the building to the pedestrian scale and visually anchor the building to the ground/street level. Exceptions may be granted by the ARC for buildings featuring architectural styles which lend themselves to less variation.

         (i)   For at least 60% of the building foundation perimeter, use any combination of concrete, stone, or unique variation of color, texture, or material, at least ten feet in height, around the base of the building. Buildings may alternatively incorporate other architectural features such as ledges, facade reveals, ground level fenestration, raised planters, or landscaping elements within three feet of finished grade.

         (d)   Roof access shall be located within the interior space of the building to eliminate exterior ladders for roof access.

      (5)   All buildings located on property zoned public/semi-public shall meet the professional business office/regional commercial architectural standards.

         (a)   Color change;

         (b)   Texture change;

         (c)   Material change;

         (d)   An expression of architectural or structural bays through a change in roof plane, height, or architectural enhancements, and must be approved by the Plan Commission;

         (e)   Balconies;

         (f)   Awnings; or

         (g)   Story change wherein a clear delineation between each story of the structure is provided by a consistent cornice line.

         (a)   Canopies or porticos;

         (b)   Overhangs;

         (c)   Recesses/projections;

         (d)   Arcades;

         (e)   Raised corniced parapets over the door;

         (f)   Peaked or gabled roof forms;

         (g)   Arches;

         (h)   Columns;

         (i)   Awnings;

         (j)   Sidelights, transoms width must equal door width;

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

         (l)   Integral planters or wing walls that incorporate landscaped areas and/or places for sitting, awnings, porches, plinths, bay windows, or shutters;

         (m)   Enhanced exterior lighting, such as wall sconces, building mounted accent lights, or decorative pedestal lights;

         (n)   Prominent 3-D entryway feature such as a clock wireless support structure or other similar architectural design element projecting from the plane of the main exterior walls by a minimum of eight feet and raised above the adjoining parapet wall or roof by a minimum of three feet.

         (a)   Exterior building materials shall not include smooth-faced concrete block, or concrete tilt-up panels. However, concrete tilt-up panels with brick or stone facing can be used on rear elevations.

         (b)   Exterior building materials shall consist of brick, stone, integrally colored CMU, pre-cast concrete (must have integral color or and embedded brick or stone with brick or stone in-print, on rear elevations only), stucco and external insulation finish system (E.I.F.S) that simulates a stucco appearance, or a combination of these materials. All siding materials shall be submitted for review by the Architectural Review Committee.

         (c)   Wood siding or similar materials are permissible in limited applications, but shall not be used as the primary building material.

         (a)   Exterior siding shall be stone, brick, E.I.F.S., and/or pre-cast concrete (painted or pigmented). The ARC may also approve buildings with architectural metal panels if the architectural style of the structure warrants the use.

         (b)   All pre-cast concrete must include embedded reveals on all elevations at uniform intervals to create visual interest and reduce the massing of the wall plane.

         (a)   Recesses/projections;

         (b)   Sidelights and/or transoms;

         (c)   Embedded texture or reveal incorporated into the entrance design, featuring a complimentary accent color;

         (d)   Integral planters or wing walls that incorporate landscaped areas;

         (e)   Enhanced exterior lighting, such as wall sconces, building mounted accent lights, or decorative pedestal lights.

         (a)   Canopies or porticos;

         (b)   Overhangs;

         (c)   Arcades;

         (d)   Raised corniced parapets over the door;

         (e)   Peaked or gabled roof forms;

         (f)   Arches;

         (g)   Columns;

         (h)   Prominent 3-D entryway feature such as a glass-encased entrance or other similar architectural design element projecting from the plane of the main exterior walls by a minimum of eight feet and raised above the adjoining parapet wall or roof by a minimum of three feet;

         (i)   Other features as approved by the Architectural Review Committee.

      (6)   Buildings must orient, frame, and/or direct pedestrian views to adjacent buildings, parks, plazas, destinations, and other points of interest.

      (7)   Front elevations shall feature a minimum of three colors. Other elevations visible from the public right-of-way shall feature a minimum of two colors.

   (A)   Purpose and intent. The purpose of these parking standards is to reduce street congestion, ensure proper vehicular and pedestrian circulation, and therefore improve public safety by identifying the appropriate number and location of off-street parking spaces for each zoning district.

   (B)   General requirements.

      (1)   Location. No off-street parking spaces may be fully or partially located in an existing or planned public right-of-way, septic field, required landscape area, buffer yard, utility easement, or drainage easement. In no instance shall any vehicle be stored or parked in any front yard or side yard or rear yard. Temporary parking of vehicles in driveways accessed from the street and passing through the yard are exempt from this requirement.

      (2)   Access. All required parking spaces must be designed to provide direct access for vehicles. In no case may areas which do not have direct access be considered a parking space meeting the

requirements of this chapter. For example, a residential driveway shall not be considered a parking space meeting the requirements of this section if a parked vehicle in the driveway prevents direct access to a required parking space in a garage or carport.

      (3)   Parking space dimensions.

         (a)   Each parking space (other than those designed for the disabled) shall contain a rectangular area at least 19 feet long and nine feet wide. Lines demarcating parking spaces may be drawn at various angles in relation to curbs or aisles, so long as the parking spaces so created contain within them the rectangular area required by this section.

         (b)   Wherever parking areas consist of spaces set aside for parallel parking, the dimensions of such parking spaces shall not be less the 20 feet long by nine feet wide.

   (C)   Single and two-family developments. Parking spaces for single- and two-family residential developments shall be provided on the same lot as the dwelling unit for which they are required and shall meet the following standards:

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

      (2)   Access/location requirements. Parking areas must be designed to prevent vehicles from having to back into or maneuver in any arterial or collector street.

      (2)   Parking of the disabled. The required spaces shall include parking for the disabled meeting the requirements of this section. The minimum number of disabled spaces provided shall either be as specified in the American with Disabilities Act or equal one space for every handicap-accessible dwelling unit, whichever is greater.

      (3)   Driving surfaces. All parking areas, including parking spaces, interior drives, and ingress/egress into parking areas must be paved with asphalt, concrete, or other porous pavement materials that are approved by the Administrative Officer. All parking areas shall be clearly painted to show each parking space.

      (4)   Maneuvering. All parking spaces shall be provided with adequate maneuvering space into which vehicles can back for the purpose of exiting the parking space. For all multi-family uses, the following interior drive minimums shall be required:

         (a)   Thirteen feet if one-way traffic and no parking or 45 degree parking;

         (b)   Eighteen feet if one-way traffic and 60 or 90 degree parking;

         (c)   Twenty-four feet if two-way traffic or accessing a loading berth(s).

      (5)   Drainage. Parking areas must be constructed to allow proper drainage, which shall be subject to the review of the Technical Review Committee and approval of the Town Engineer.

      (6)   Curbs. All parking areas shall generally be completely curbed. Curbing shall not be required if, in the written opinion of the Town Engineer, the drainage system for the property shall be best served if curbs were not present.

      (7)   Lighting. Lighting for parking areas shall be in compliance with the applicable requirements of this chapter.

      (8)   Landscaping. Landscaping for parking areas shall be in compliance with the applicable requirements of this chapter.

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

   (E)   Non-residential developments. Parking spaces for all non-residential developments shall comply with the following standards:

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

         (a)   Access to public streets. Parking areas must be designed to prevent vehicles from having to back into or maneuver in public streets (access to alleys shall be exempt from this requirement).

         (b)   Maneuvering space. All parking spaces shall be provided with adequate maneuvering space into which vehicles can back for the purpose of exiting the parking space. For all non-residential uses, and where multi-family uses permitted in a non-residential district, the following interior drive minimums shall be required:

            1.   Thirteen feet if one-way traffic and no parking or 45 degree parking;

            2.   Eighteen feet if one-way traffic and 60 or 90 degree parking;

            3.   Twenty-four feet if two-way traffic or accessing a loading berth.

         (c)   Off-street parking. Off-street parking in the front set back shall be prohibited.

      (2)   Driving surfaces. All parking areas, including parking spaces, interior drives, and ingress/egress into parking areas must be paved with asphalt, concrete, or porous pavement material that has been previously approved by the Administrative Officer to the nearest paved street. All parking areas shall be clearly marked to show each parking space.

      (3)   Drainage. Parking areas must allow proper drainage, and shall be subject to the review of the Technical Review Committee and approval of the Town Engineer.

      (4)   Curbs. All parking areas for non-residential uses shall be completely curbed. Curbing shall not be required if, in the written opinion of the Town Engineer, the drainage system for the property and surrounding environment shall be best served if curbs were not present.

      (5)   Minimum number of spaces. The minimum number of parking spaces required per property shall be determined by the sum of spaces required for each applicable use of the proposed development or redevelopment as prescribed by Chapter 154, Appendix D, Official Parking Schedule.

      (6)   Accessible parking spaces. Accessible parking spaces for the disabled shall be provided in accordance with the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities.

         (a)   All required parking spaces for the disabled shall be those that are the closest to the main entrance of the primary structure.

         (b)   Parking spaces for the disabled shall count toward the total number of spaces required by this chapter.

   (F)   Requirements for non-conforming uses and uses permitted by special exception or variance. Any use which is non-conforming in the zoning district in which it is located or is permitted by special exception or variance shall provide parking which is consistent with the use and the standards for the zoning district in which the use would ordinarily be permitted by this chapter. In no instance shall the number of parking spaces required for non-conforming uses or those permitted by special exception or variance be solely based on the standards for the district in which they are located. The Board of Zoning Appeals shall specify the number of parking spaces for all uses permitted by special exception or variance consistent with the intent of this section. However, the Board of Zoning Appeals may grant variances consistent with the intent of this section.

   (G)   Requirements for uses not specifically listed. The number of parking spaces required for uses that are not listed specifically shall be determined by the Administrative Officer by comparing the proposed use with those that are specified and further determining the most relevant comparable use.

   (H)   Park use requirements. Off-street parking space for park and recreation uses and buildings located in any zoning district shall be provided consistent with the requirements for business uses provided by this chapter.

   (I)   Vehicle storage requirements. In no instance should the provisions for stored vehicles be interpreted as enforcement of traffic code provisions for inoperable vehicles. These provisions are intended to ensure that auto repair and salvage facilities are operated consistent with the general welfare of the community. The storage of all motor vehicles shall be consistent with the following requirements:

      (1)   Primary structure required. Unless expressly permitted by this chapter, 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 primary structure. For the purposes of this chapter a commercial vehicle is any vehicle in excess of 16,000 pounds.

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

         (a)   Any automobile awaiting repair shall not be stored outdoors for longer than five business days.

         (b)   All such vehicles, including antique vehicles, may be stored within the rear or side yard. In no instance shall such vehicles be stored in any front yard, buffer yard, required landscape area, utility easement, drainage easement, or required setback area.

         (c)   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, provided they are closed when not in use, and constructed of six foot tall, 100% opaque wooden doors.

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

         (a)   A recreational vehicle may be stored on a residential property provided the vehicle is not placed on the grass. A recreational vehicle may be parked in the front yard on a residential lot, outside of an enclosed structure, for a period not to exceed a total of 48 hours in any one week period.

         (b)   Not more than one recreational vehicle will be permitted to be parked or stored in the open on residential property at any one time; however one additional recreational vehicle is permitted for visitation for up to seven consecutive days, not to exceed 14 days in any one year.

         (c)   In no instance shall an parked recreational vehicle be occupied longer than seven hours in any 30 day period of time.

         (d)   The Administrative Officer, or his or her designee, may require a land owner to verify that the vehicle is licensed and operational.

      (4)   Commercial vehicle storage. The storage or parking of commercial vehicles in residential zoning districts and primarily residential planned unit developments is subject to the following requirements. For the purposes of this chapter a commercial vehicle is any vehicle in excess of 16,000 pounds.

         (a)   The parking of a commercial vehicle shall be limited to one standard sized vehicle including cars, SUVs, step-up vans, work vans, and pick-up trucks. The parking of automobile trailers shall be prohibited. As an exception, any commercial vehicle may be stored within an enclosed structure.

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

   (J)   Off-site and shared parking provisions. Under certain conditions, off-site and shared parking may be allowed on another lot that is within 500 feet of the lot occupied by the uses(s) for which they are required.

      (1)   Off-site parking. Two or more uses may provide off-site parking collectively on one lot, provided the total number of spaces is not less than 75% of the sum of the spaces required for each use.

      (2)   Shared parking. To the extent that developments wish to make joint use of the same parking spaces operate at different times, up to one-half of the parking spaces may be credited to both uses if one use is a church, theater, or assembly hall whose peak hours of attendance will be at night or on Sundays, and the other use or uses are ones that will be closed at night or on Sundays.

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

      (4)   Required documentation. 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 Administrative Officer and the Town Attorney. A recorded copy of the agreement shall be retained for the files of the Plan Commission. Cross access easements shall be provided and recorded by each property owner to enable the sharing of parking facilities. Recorded copies of the cross easements shall be provided to and retained by the Administrative Officer. Amendments to the agreement shall be subject to Administrative Officer approval and be duly recorded with the County Recorder.

   (K)   Bicycle parking requirement. All non-residential uses shall provide one designated bicycle parking area for every 30 vehicle parking spaces required by this chapter, with a minimum area for two bicycle spaces. Each bicycle parking area shall provide adequate facilities for securing the parked bicycle.

   (L)   Parking space requirements.

      (1)   Minimum number of spaces. Total off-street spaces required for each lot shall be calculated by adding the applicable requirements established by Chapter 154, Appendix D, Official Parking Schedule.

      (2)   Dimensions. Parking space size shall be a minimum of 171 square feet and dimensions shall be in conformance with the following table.

   Table 2: Parking Space Dimension Requirements

 

 

   (M)   Commercial developments featuring a minimum of 30,000 square feet of restaurant, retail, office, commercial services, and/or combination thereof shall be required to feature a dedicated area for vehicular pick-up and drop-off of visitors to the development. This pick-up/drop-off area shall not impact other on-site vehicular circulation. A pick-up/drop-off area shall not be less than 40 feet long and eight feet deep. Any adjacent curb shall meet ADA accessibility guidelines.

(Ord. 121410, passed 1-11-2011; Ord. 041216-A, passed 4-12-2016; Ord.010819, passed 2-12-2019)

   (A)   Purpose and intent. The purpose of these loading requirements is to provide minimum standards for the loading and unloading of materials at commercial, industrial, and institutional facilities, with the exception of such facilities which are located in any Town Center District or other mixed-use district. These requirements are intended to prevent loading and unloading from occurring on a public street or in other locations that would present a danger to persons or property. Commercial, industrial, and institutional facilities located within a Town Center District or other mixed-use district shall be exempt from the standards and regulations of this section.

   (B)   Loading birth requirement. Adequate off-street loading berths and areas shall be provided for any building or structure which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles. Off-street loading berths may be provided either within or outside of structures on the property.

   (C)   Location. All required off-street loading berths shall be located on the same lot as the use to be served. They shall be designed so that no portion of a loading/unloading vehicle projects into a street, alley, or other public rights-of-way. No loading space may be located in any front yard or any required buffer yard. Shared truck courts between adjacent properties shall be permitted.

   (D)   Design and construction. All off-street loading berths shall meet the following design and construction requirements:

      (1)   Size requirements. All interior and exterior off-street loading berths for over-the-road tractor-trailers shall be a minimum of 13 feet in width and 140 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.

      (2)   Vertical clearance. All loading spaces shall be provided with a vertical clearance of not less than 15 feet.

      (3)   Driving aisle requirements. All loading berths shall be accessed by a driving aisle that is a minimum of 24 feet in width for two-way traffic or 13 feet in width for one-way traffic at all points between the accessed public street and the loading berth.

      (4)   Surfacing requirements. All off-street loading berths shall be paved with concrete, asphalt or other appropriate material meeting the durability requirements of the Town Engineer, or his or her designee.

   (E)   Access. Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner that will not interfere with traffic movements. There shall be no maneuvering within any existing or planned public 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 an existing or planned public right-of-way or overhang adjacent property.

   (F)   Space allowed. Space provided for use as any off-street loading berth shall not be used to satisfy any off-street parking space requirements of this chapter.

(Ord. 121410, passed 1-11-2011)

   (A)   Purpose and intent. The purpose of these entrance and drive standards is to provide for a safe and efficient vehicular and pedestrian transportation system by establishing minimum standards for site entrances, driveways, and interior drives.

   (B)   General requirements. Unless otherwise provided by this chapter, all driveways and interior drives shall comply with the following design requirements:

      (1)   Entrance widths. No entrance shall exceed the following pavement widths at the point which they intersect an existing or planned public right-of-way. The distances for these standards shall be determined by measuring from the outside edges of the curb or pavement (whichever is greater) of the entrance or drive at an existing or planned public right-of-way which it accesses, and shall not include any acceleration or deceleration lanes or turning radii:

         (a)   Fourteen feet per lane (exclusive of any medians) if from a non-residential or multi-family residential use onto any type of street, and

         (b)   Twenty-four feet total if from a single-family or two-family use onto any type of street.

      (2)   Travel direction. The direction of travel for vehicles using entrances shall be as follows:

         (a)   All entrances providing access to an existing or planned public right-of-way from all lots used for purposes other than single or two-family residences shall be designed so that vehicles are traveling in a forward direction when entering and leaving.

         (b)   In no case may any entrance for any use be designed to require a vehicle to back onto any arterial or collector street.

      (3)   Shared entrances and drives. Shared entrances and drives are encouraged for all uses in all zoning districts, specifically for any multi-family residential or non-residential use accessing a major collector or arterial street.

         (a)   Access easements. All shared entrances and drives shall be constructed only in appropriate access easements which easements must be recorded before usage commences.

         (b)   Required documentation. A permanent documentation of any shared entrance and drive 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, which can be amended and assigned shall be reviewed and approved by the Town Engineer and duly recorded with the County Recorder. Any changes to the agreements must be accomplished with the consent of the Administrative Officer. A copy of the agreement shall be retained for the files of the Plan Commission. The agreement shall be recorded prior to the issuance of the occupancy permit.

      (4)   Interior drive widths. The minimum pavement width shall be exclusive of any parking spaces. For single- and two-family residential uses the minimum driveway width shall be 12 feet. For all multi-family uses refer to the § 154.114, Parking Standards, of this chapter.

   (C)   Curbs. All entrances and interior drives for property used for purposes other than agriculture, single-family residential or two-family residential shall generally be completely curbed. Curbing shall not be required if, in the written opinion of the Town Engineer/County Highway Engineer, the drainage system for the property shall be best served if curbs were not present.

   (D)   Commercial area internal linkages. For all uses located in a commercial zoning district there shall be interior drives that allow access between existing and proposed commercial uses on adjacent properties.

      (1)   Cross-access required. The drives must be designed as a single two-way drive or a pair of one-way drives that provide access between the parking lots and interior drives of all adjoining commercial uses.

      (2)   Separation. Interior drives providing cross-access between adjacent parcels shall be separated from an existing or planned right-of-way of any such street by a minimum distance specified by the Town Engineer based on the vehicle stacking requirements of the entrance(s) to the property from the public street.

(Ord. 121410, passed 1-11-2011)

   (A)   Purpose and intent. The purpose of these sight visibility standards is to contribute to a safe vehicular and pedestrian transportation system by ensuring clear visibilities at street intersections and the vehicle entrances to properties.

   (B)   Sight visibility triangle requirement. All properties shall maintain an area, otherwise referred to as the "sight visibility triangle," at every intersection of an adjoining street with other streets and entrance drives. The sight visibility triangle shall be free of structures, vegetation (including crops), signs (other than street signs), and other opaque or partially opaque objects between a height of 2-1/2 and 12 feet measured from the nearest top-of-curb, or edge of pavement where curbs are not present.

   (C)   Sight visibility triangle dimensions. The sight visibility triangle shall be established by connecting points located along the intersecting rights-of-way (or edge of pavement in the case of entrances). The dimensions of the triangle vary depending on criteria such as design speed. Refer to the Geometric Design of Highways and Streets by the AASHTO (American Association of State Highway and Transportation Officials) latest edition, for intersection sight distance.

(Ord. 121410, passed 1-11-2011)

   (A)   Purpose and intent. The purpose of these fence and wall standards is to provide minimum requirements in order to provide adequate light, air circulation, and privacy; and to protect the public welfare by preventing visual obstructions along public ways.

   (B)   Applicability. All fences and walls are subject to review by the Technical Review Committee. Unless otherwise noted in this chapter, fences and walls are permitted in the various districts subject to the regulations of this section.

   (C)   Measuring fence and wall height. The purpose of these fence and wall standards is to provide minimum requirements in order to provide adequate light, air circulation, and privacy; and to protect the public welfare by preventing visual obstructions along public ways.

   (D)   Residential uses.

      (1)   Rear and side yard fences and walls.

         (a)   Height. The maximum height of all rear and side yard fences and walls associated with a residential use shall be six feet. In instances where a residential use directly abuts a non-residential use an eight foot fence may be approved by the Board of Zoning Appeals.

         (b)   Materials. All front yard fences and walls shall be constructed out of wrought iron, wood, stucco, brick, stone, or combination thereof, provided the heavier material is located on the bottom. Furthermore, any portion of a fence above two feet from grade, shall have a maximum opaqueness of 50%. Front yard fences in neighborhood common area or on privately-owned properties greater than one acre shall be permitted up to six feet in height, so long as materials are limited to wrought iron (aluminum), brick, and/or natural stone.

      (2)   Front yard fences and walls.

         (b)   Materials. All front yard fences and walls shall be constructed out of wrought iron, wood, stucco, brick, stone, or combination thereof, provided the heavier material is located on the bottom.

      (3)   Location. Fences and walls shall not be located within any designated, dedicated, and/or apparent utility and/or drainage easement, except as set forth below:

         (a)   A fence and/or wall may encroach into a designated, dedicated, and/or apparent utility and/or drainage easement if approved by the Public Works Commissioner or his or her designee, who shall base his or her determination on site conditions including, but not limited to, the location of existing utilities or infrastructure, the size and scope of the utilities or infrastructure, the potential location of future utilities or infrastructure, and/or the absence of utilities or infrastructure.

         (b)   Any property owner receiving approval from the Public Works Commissioner or his or her designee to construct or install a fence and/or wall within a designated, dedicated, and/or apparent utility or drainage easement within the town, shall be required to comply with the provisions of § 150.03, and in addition, as a precondition to obtaining a fence or wall construction permit, shall be required to acknowledge that they understand the legal rights and restrictions associated with a designated, dedicated, and/or apparent utility and/or drainage easement and the conditions and/or limitations placed upon the encroachment of a fence and/or wall within such an easement, which acknowledgment shall be executed in writing by the owner on the form provided by the Public Works Commissioner or his or her designee. The written acknowledgment shall be recorded within the office of the Hancock County Recorder and shall run with the land the be binding upon the applicant owner(s) and all legal successors in interest to the owner(s).

   (E)   Commercial and industrial uses.

      (1)   Rear and side yard fences and walls.

         (a)   Height. The maximum height of any fence associated with a commercial or industrial use shall be 12 feet.

         (b)   Materials. All rear and side yard fences and walls associated with a commercial or industrial use shall be constructed out of vinyl-coated chain link, wrought iron, stucco, brick or combinations of the above, provided the heavier material is placed on the bottom. Barbed wire may be permitted for rear yard fences not visible from a street, as determined by the Plan Commission.

      (2)   Front yard fences and walls.

         (a)   Height. The maximum height of all fences and walls located within the front yard of a commercial or industrial use shall be six feet height, with the exception of walls and fences used for screening as required by this chapter.

         (b)   Materials. Wrought iron, wood, stucco, brick, stone, or combination thereof, provided the heavier material is located on the bottom.

      (3)   Location. In no instance shall a fence be located within a utility or drainage easement. The location of walls and fences for commercial and industrial developments shall be as illustrated below.

   Figure 11: Location of Commercial and Industrial Fences and Walls

   (F)   Civic and institutional developments. The following standards shall apply to all yards of a civic or institutional development.

      (1)   Height. The minimum height shall be two feet, while the maximum shall be seven feet, with the exception of walls and fences used for screening as required by this chapter.

      (2)   Materials. Wrought iron, brick, stone, or combination thereof, provided that the heaviest material is located along the bottom. Any fence or wall portion above four feet shall be a minimum of 50% opaque.

(Ord. 121410, passed 1-11-2011; Ord. 070913A, passed 8-13-2013; Ord. 111020C, passed 12-8-2020)

   Nothing contained in this section shall be deemed to impose any liability upon the town, its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub or plant upon any street tree area on his or her property or under his or her control in such condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any public roadway or alley within the town.

   (A)   Landscape plan requirement. A landscape plan shall be prepared by a landscape architect registered with the State of Indiana and submitted to the Plan Commission for approval at the same time other plans (i.e. architectural design, lighting, parking, signage, and site plans) are submitted. This plan shall be drawn to scale with the scale clearly indicated and a graphic scale for reference, and shall delineate all existing and proposed structures, parking areas, walks, ramps for the handicapped, terraces, driveways, signs, lighting standards, steps and other similar structures, and shall delineate the location, size, and description of all landscape materials, including any existing trees the owner wishes to apply towards the landscape requirements. Landscape treatments for plazas, roads, paths, service and parking areas shall be designed as an integral and coordinated part of the landscape plan for the entire lot. The landscape plan shall ensure that sight distances are not obstructed for drivers of motor vehicles.

   (B)   Landscaped areas. The following areas shall be landscaped as prescribed. The following landscaping standards are in addition to any buffering or screening requirements prescribed on the following pages.

      (1)   Public rights-of-way. No person shall plant a tree or otherwise allow a tree to grow within a dedicated public right-of-way with the exception of a designated street tree corridor as established from time to time by the town in accordance with the street design specifications of the McCordsville Subdivision Control Ordinance, as amended from time to time. In no instance shall a tree be planted or allowed to grow above underground utilities.

      (2)   Planting adjacent to free-standing, non-residential buildings. A planting area five feet wide shall be installed along all sides of buildings. Sidewalks may be permitted in these areas, but shall not occupy the entire area on any side of the building. These adjacent planting areas need not be rectangular in shape as long as the required amount of space is landscaped. Innovative and original designs are encouraged. The adjacent planting area at the rear of a structure may be excluded if that structure is located less than 40 feet from the rear property line and sufficient peripheral planting is included to compensate for its removal. Front elevations of all industrial buildings are required to plant a minimum of three shrubs, two ornamental trees, or a mix thereof approved by staff per 12 lineal feet of building perimeter, exclusive of loading docks.

         (a)   A minimum of one shade tree.

         (b)   A minimum of two ornamental trees, two evergreen trees, or one ornamental tree and one evergreen tree.

         (c)   A minimum of 12 shrubs, planted along the foundation of the primary building.

         (d)   A minimum of one deciduous tree, planted in the front yard.

         (e)   Any front-loading garage that protrudes a minimum of eight feet in front of the front elevation shall feature a minimum of eight shrubs along the foundation of side elevation (nearest the side-yard property line) of the garage.

      (4)   Interior parking lot plantings. All parking lots with more than ten spaces shall be landscaped as follows:

         (a)   Parking areas that are visible from any existing or planned public right-of- way or any existing or planned private street easement and/or abut any side or rear property line shall have a planted screen between the parking perimeter and the street yard, side yard, and/or rear yard. Screening must be at least three feet high with no gaps except for drive-aisles, sidewalks, and the like. Brick or stone walls not to exceed four feet in height may be used to substitute for shrubbery. Additionally, at least one tree for each 50 lineal feet shall be planted along the peripheral of such parking area.

         (b)   Planting areas shall be reasonably dispersed throughout the parking area. Not less than 5% of the parking lot shall be landscaped. Landscape buffers and landscaping adjacent to buildings and on the periphery of the parking lot shall not be included toward the interior parking lot planting requirements. Landscaping shall be specifically provided at the ends of parking rows and as a means of separating parking from major circulation aisles within parking lots. One shade tree per 2,400 square feet of surface area is required. One shrub per 500 square feet of surface area is required. No parking space shall be further than 60 feet from the trunk of a shade tree. Existing shade trees over 12 inches in caliper may be used to fulfill these requirements. Any parking area that exceeds the town's parking quantity regulations shall increase the interior landscaping areas by the same percentage, subject to the approval of the Zoning Administrator. Interior landscape areas may be consolidated, or intervals expanded in order to preserve existing trees.

   (C)   Landscaping requirements.

      (1)   Placement. The interior dimensions, specifications, and design of any planting area shall be sufficient to protect the trees and shrubs planted and provide for their proper growth.

      (2)   Plant materials.

         (a)   The primary plant materials used in and around parking areas shall be shade trees that provide shade at maturity. Ornamental shrubs and other plantings may be used to compliment tree landscaping, but shall not be the sole contribution to the landscaping.

         (b)   Plant materials should be appropriate to local growing and climatic conditions. Whenever appropriate, existing trees greater than 12 inches in caliper should be conserved and integrated into the landscape plan. Plant materials shall be selected for their purpose, structure, texture, hardiness, and appearance.

         (c)   Plant materials shall comply with the requirements described in the latest edition of the American Standard Nursery Stock, which is published by the American Association of Nurserymen.

      (3)   Plant specifications.

         (a)   Shade trees shall have a minimum caliper of two and one-half inches. Shade tree selections can be made from Hard Maples, Oak, Skyline Locust, and Linden trees.

         (b)   Ornamental trees shall have a minimum caliper of one and one-half inches.

         (c)   Ornamental shrubs shall have a minimum height of at least 24 inches as measured from the base of the trunk, and a minimum spread of at least 18 inches as measured by the average width diameter of the shrub foliage.

      (4)   Ground cover.

         (a)   All plantings will be mulched in with a natural material.

         (b)   For lots 15,000 square feet or less, the front yards and side yards to the building back corners of all single family residential homes shall be entirely sodded. The remainder of the yard may be sodded or seeded. All seeded areas shall be covered with straw or seeded by an equivalent or better method.

         (c)   Front yards of all non-residential buildings shall be entirely sodded. Any side yards to the building back corners will be sodded at least 20 feet from the building foundation, if these side areas are to be landscaped with turf. The remainder of the yard shall be seeded and covered with straw or seeded by an equivalent or better method.

      (5)   Prohibited plant materials. As a matter of best practice and in accordance with state and federal regulations plants that are classified as being illegal in the State of Indiana or as a federal noxious weed are hereby prohibited from being planted on public or private property in the jurisdiction of the town.

   (D)   Supplemental tree plantings provisions. All lots, including common areas, within subdivisions shall be planted with supplementary shade trees if less than the required number of trees exists on the lot after construction is complete. For design flexibility, one shade tree may be substituted for two ornamental trees or two evergreen trees for up to 50% of the required supplemental trees. Existing deciduous trees at least eight inches in caliper may be used to fulfill the supplemental tree planting requirements. Existing deciduous trees over 12 inches in caliper may reduce by one the required number of supplemental trees. Existing evergreen trees over eight feet in height may also be used to fulfill supplemental tree planting requirements.

 

 

   (E)   Preservation of topographic patterns and existing trees. Where natural or existing topographic patterns contribute to the beauty and/or utility of a development, they shall be preserved and protected. Modification to topography shall be permitted where it contributes to the design. Existing trees eight inches or greater in caliper that have good form and will be protected in place may count toward the landscape requirements.

   (F)   Installation and maintenance.

      (1)   Installation. All landscaping required by the approved landscaping plan shall be installed prior to the issuance of a building occupancy permit if said permit is issued during a planting season, or within six months of the date an occupancy permit is issued if issued during a non-planting season.

      (2)   Maintenance.

         (a)   It shall be the responsibility of the owners and their agencies to insure proper maintenance of the landscaping, in accordance with the standards set by this chapter and as indicated on the landscaping plan which has been approved by the Plan Commission. This includes, but is not necessarily limited to, replacing dead plantings with identical varieties or a suitable substitute, and keeping the area free of refuse and debris.

         (b)   It shall be the duty and responsibility of every person owning or occupying any real property within the town to keep all trees and plants on their respective property trimmed in such a manner that there is a clearance of at least 14 feet above any street or alley, and a clearance of at least seven feet over any sidewalk. It shall also be the duty and responsibility of every person owning or occupying any real property within the town to keep all trees on their respective property trimmed in such a manner that they do not obstruct the view of any traffic sign or device for vehicular or non-vehicular traffic in the direction controlled by that traffic sign or device.

         (c)   The practice of topping or other especially destructive maintenance practices such as severely trimming trees is strictly forbidden. For the purposes of administering and enforcing this chapter, the phrase severely trimmed shall include cutting of the branches or trunk of a tree in a manner which will substantially reduce the overall size of the tree area so as to destroy the existing symmetrical appearance or natural shape of the tree in a manner which results in the removal of main lateral branches leaving the trunk of the tree in a stub appearance.

         (d)   All trees shall be trimmed so as to comply with the ANSI A300 standards, as amended from time to time.

      (3)   Changes after approval. No landscaping that has been approved by the Plan Commission may later be altered, eliminated, or sacrificed, without first obtaining further Plan Commission approval.

      (4)   Inspection. The Administrative Officer, or his or her designee, shall have the authority to visit any lot within the Commission's jurisdiction to inspect the landscaping and check it against the approved plan on file.

   (G)   Diseased or hazardous trees and plans. The town shall have the exclusive authority to destroy any plants in or on public streets, alleyways, places or parks if infected by disease or injurious insects, or if in the judgment of the Public Works Commissioner, or his or her designee, represents a dangerous condition or hazard to the public. Such destruction may also be effected when necessary for the protection of other flora or in any other case when the public safety, health, or welfare is or may be adversely affected, as determined by the Public Works Commissioner, or his or her designee.

   (H)   All landscape installations shall review the McCordsville Preferred Planting Guide. This guide is not exhaustive and inclusive of all appropriate selections; therefore, proposals for additions and/or substitutions to the guide may be submitted to the Zoning Administrator for consideration. However, any species which is listed as invasive or having poor characteristics shall be avoided and will not be counted towards any landscape requirements.

   (I)   All industrial zoned lots shall incorporate a minimum 20 foot wide perimeter landscape area along all perimeter road frontages. This perimeter landscape area shall include mounding and landscape plantings. Mounding shall be undulating, with at least 50% of the length of the mounding a minimum of three feet higher than average adjacent grade of the property. The required landscape material shall be no less than five trees and ten shrubs per 100 lineal feet. Plantings shall feature a mix of evergreen and deciduous plantings.

(Ord. 121410, passed 1-11-2011; Ord. 111114, passed 11-11-2014; Ord. 010819, passed 2-12-2019; Ord. 111020C, passed 12-8-2020)

   (A)   Buffering standards.

      (1)   Applicability. Undeveloped properties, expansions of more than 40% of existing floor area, and rezoned property are subject to the provisions of this section. Developed lots or lots with unexpired permits at the effective date of this chapter are hereby exempt from this requirement.

      (3)   Buffer yard width reduction provision. The width of the required buffer and the number of shrubs may be reduced by half with the construction of an opaque wall or fence. The fence or wall shall be opaque (solid) and constructed of material compatible with the principle building in composition and color. The wall shall have a minimum height of five feet and a maximum height of seven feet.

   (B)   Screening of loading and storage areas. Screening shall be by opaque wall or fence six to eight feet in height. One-third of the surface area of the wall or fence must be screened from an existing or planned public right-of-way with plants within six months of the date of the occupancy permit being issued. Screening shall be evergreen, and planted at a maximum spacing of four feet on center.

(Ord. 121410, passed 1-11-2011; Ord. 111114, passed 11-11-2014; Ord. 111020C, passed 12-8-2020)