Merrillville City Zoning Code

ARTICLE III

DISTRICTS

Sec. 21-61. - Zoning districts generally.

(a)

In order to carry out the purposes and provisions of this chapter, the Town of Merrillville is hereby divided into the following districts:

(1)

Floodplain district.

(2)

Agricultural district.

(3)

Residential districts:

R-1 single-family residence.

R-2 single-family residence.

R-3 two-family residence.

R-4 low density multiple-family residence (maximum seven (7) units per acre).

R-5 medium density multiple-family residence (maximum eleven (11) units per acre).

(4)

Commercial and office districts:

C-1 neighborhood commercial.

C-2 community commercial.

C-3 highway commercial.

C-4E commercial entertainment.

C-5 office and research.

(5)

Industrial districts:

M-1 limited industrial.

M-2 limited industrial corridor overlay.

(6)

Planned unit development district.

(7)

Greenbelt district.

(8)

C/IS commercial/industrial special district.

(b)

The location and boundaries of the districts established by this chapter are set forth on the zoning district map, dated April 25, 1978, which is incorporated herein and hereby made a part of this chapter. The said map, together with everything shown thereon, and all amendments thereto, shall be as much a part of this chapter as though fully set forth and described herein. The said map shall be on file with the office of the planning and building department, and shall be open to the public reference at all times during which those offices are open. Land which may hereafter become incorporated into the town shall be included in the A-1 zone until changed by amendment to this chapter.

(c)

When uncertainty exists with respect to the boundaries of the various districts, as shown on the zoning district map, the following rules shall apply:

(1)

District boundary lines are either the center lines of railroads, highways, streets, alleys or easements, tract or lot lines, or such lines extended unless otherwise indicated.

(2)

In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street, highway or railroad, the depth of such strips shall be in accordance with dimensions shown on maps measured at right angles from the centerline of a street, highway or railroad, and the length of frontage shall be in accordance with dimensions shown on the map from center lines of streets, highways or railroad right-of-way unless otherwise indicated.

(3)

Where a district boundary line divides a lot in single ownership, the regulations for either portion of the lot may, in the owner's discretion, extend to the entire lot, but not more than twenty-five (25) feet beyond the boundary of the district.

(d)

The following public utility uses are permitted in any district: poles, electric towers, wires, cables, conduits, vaults, laterals, pipes, mains, valves or any other similar distributing equipment, and telephone booths, provided that installation shall conform with rules and regulations of the applicable administrative authorities.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 05-08, 4-12-05)

Sec. 21-62. - Floodplain district.

(a)

It is the purpose of the floodplain district to apply special regulations to the use of land in those areas of the town, which are subject to predictable inundations at frequent intervals. This district is superimposed over the other established districts and includes all one hundred-year frequency flood areas shown on the most recent flood insurance rate map produced by the Federal Emergency Management Agency. The following provisions shall apply:

(1)

All land lying within the floodplain of the one hundred-year frequency flood of Turkey Creek and Deep River, and their tributary streams, is subject to these regulations, in addition to the regulations otherwise established by this chapter. The boundaries of the floodplain are hereby established as shown on the zoning district map.

(2)

When the proposed use is allowable hereunder in any other zoning district, the following uses and types of activities are permitted in the designated floodplain.

Residential, educational and institutional buildings, only if they have a minimum floor elevation of not less than two (2) feet above the one hundred-year flood level, as established by the Department of Natural Resources.

Outdoor recreational uses.

Public rights-of-way, private drives, and parking lots.

Commercial buildings in the commercial districts where the minimum floor elevation is not less than two (2) feet above the one hundred-year flood level.

Any structure, filling, excavating, or any change in the natural grade of any property requires a permit, and shall not be detrimental to other properties or the characteristics of the floodplain.

(3)

Where topographic data, engineering studies or other studies are requested by the Town of Merrillville to determine the effects of flooding on a structure or the effects of the structure on the flow of water, the applicant shall submit such data or studies.

(Ord. No. 02-03, § 1, 2-12-02)

Cross reference— Flood hazard areas, § 7-16 et seq.; subdivision of land in floodplain areas, § 19-7.

Sec. 21-71. - A-1 agricultural district—Intent.

The A-1 agricultural district is established to include land being used for agricultural activities, floodplain, and other rural uses, which is not expected to develop for intensive urban or suburban uses within the near future. It is the intent of this district to allow farm uses, to conserve the desirable characteristics of the land, to preserve open space, and to protect the district from the encroachment of scattered urban development that may inhibit the overall development of the town in accordance with the comprehensive plan.

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-72. - A-1—Use and development regulations.

(a)

The permitted uses, special exception uses, accessory uses and the temporary uses allowed in the A-1 agricultural district are listed in section 21-136.

(b)

The area, bulk and height regulations for the A-1 agricultural district are listed in section 21-137.

(c)

Parking requirements. See Article V.

(d)

Sign regulations. See Article VI.

(e)

All buildings used for housing of animals must be at least three hundred (300) feet from all property lines.

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-76. - Home occupations.

(a)

The standards below are intended to ensure compatibility of home occupations with other permitted uses and with the residential character of the neighborhood plus clearly establishing the secondary or incidental status of home occupations in relation to the primary use for dwelling purposes. To achieve this intent the following standards shall apply to owner occupied single family dwellings in any residential/agricultural zoning district:

(1)

By way of example, the following uses, when conducted in compliance with the conditions set forth in this section, qualify as permitted home occupations:

Art studio.

Barbershop or beauty parlor, one chair only.

Dressmaking or tailoring.

Tutoring or teaching, including musical instruments or dancing but limited to one pupil at a time.

Professional consultative office whose function is one of rendering a service and does not dispense goods or products, such as accountant, architect, engineer, sales representative, lawyer or clergyman.

Secondary business office where said business has its principal office, staff, and main equipment located in a commercial zoning district, and when home occupation use by the owner consists mainly of computer, fax, and normal office machines and where no walk-in traffic is received.

Child care home.

No more than five (5) children and where no overnight stays are provided.

No more than twelve (12) children with license from the department of children and family services. This term includes a class I child care home and a class II child care home as such terms are defined by IC 12-7-2-33.7 and 33.8 respectively. (For reference see IC 12-7-2.)

Craft creation assembly where items produced in their home are sold elsewhere.

The selling or otherwise disposing of agricultural products produced on the premises in A-1 zone only.

(2)

The following uses, by the nature of the investment or operation, have a pronounced tendency, once started, to rapidly increase beyond the limits specified above for home occupations and impairs the use, value and quiet enjoyment of adjacent residential properties. Therefore, the uses specified below shall not be permitted as home occupations:

The operation of any wholesale or retail business unless conducted entirely by mail, and does not involve the sale, receipt, or delivery of merchandise on the premises.

Any manufacturing or processing of goods, materials or products.

A repair shop or service establishment of any kind operating on or from the premises, such as repair or painting of vehicles, boats or trailers.

Use of electrical or mechanical equipment which creates visible or audible interference with radio or television reception or which creates noise, vibrations, smoke, dust, odors, heat, or glare not normally associated with residential use.

Dental or medical offices or clinics, veterinary clinic, kennel or stables.

Any use not in compliance with the intent and conditions set forth in this section.

(3)

Home occupations shall conform to the following standards and conditions:

Permitted home occupations shall not include the employment of any persons in addition to the homeowner and members of the family that reside in the home.

The home occupation shall be conducted wholly within the enclosed living area of the residence or attached garage but not in any other accessory or detached structure.

The establishment and conduct of a home occupation shall not change the principal character of use of the home and no more than one room of the home or twenty (20) percent of the gross floor area of the residence may be used in the conduct of the home occupation.

There shall be no exterior evidence of any home occupation other than one sign mounted flat against the dwelling, stating name and address only and said sign shall not be greater than four (4) square feet in size. No yard signs pertaining to the home occupation are allowed.

No exterior storage of equipment, materials or supplies used in conjunction with home occupation is allowed.

Home occupations shall not create vehicle or pedestrian traffic than normally associated with single family residence, and shall not involve use of heavy commercial vehicles for delivery of materials to or from the premises.

There shall be no additional or separate entrance to the dwelling for the purpose of conducting the home occupation.

There shall be no internal or external alterations, construction features, or use of electrical or mechanical equipment, which would change the fire rating of the structure.

There shall be no equipment or process used in the home occupation which created noise, vibration, glare, smoke, fumes, odors, or electrical interference detectable to the normal senses at any point beyond the lot line.

The dwelling shall not be altered in its appearance and the home occupation shall not be conducted in such a manner as to differentiate the dwelling from the residential character of the area by either use of colors, materials, construction, separate entrances, lighting, signs or other means.

Child care homes shall be subject to an initial inspection prior to issuance of an initial home occupation permit and subject to a renewal inspection prior to renewal of the home occupation permit. Such entry and inspections shall be made by the fire inspector and building code inspector to ensure compliance with all town codes. The fire inspector and building code inspector may enter the premises at any reasonable hour for the purpose of conducting these inspections. The fire inspector and building code inspector may also enter the premises at any reasonable hour for the purpose of conducting inspections prompted by health and safety complaints. Such entry and inspection may be made without a warrant if the situation presents an imminent danger to the health or safety of any occupant. If the situation does not present an imminent danger to the health or safety of an occupant and entry and inspection is denied, then entry and inspection shall occur by administrative warrant which shall be issued by the Merrillville Town Court. The chief of police shall enforce entry into buildings for the purpose of these inspections. Whenever any inspection demonstrates a condition which poses an immediate threat to the safety of any occupant, the fire inspector may issue a written order closing operations of the facility until such time as the unsafe condition is corrected. Notwithstanding the permit and inspection fees contained in section 21-48, the fee for these compliance inspections shall be twenty-five dollars ($25.00) per inspection.

(4)

Home occupation permit required. Violations and penalties.

The building director or designated agent shall issue a permit for a registered home occupation upon explanation of the above requirements to the owner-resident of the home and homeowner's signature of understanding and agreement to abide by regulations set forth above.

A fee in the amount required in section 21-48 shall be paid to the Town of Merrillville, for initial registration. Renewal thereafter shall be for a period of two (2) years, with a renewal fee equal to one-half the original fee and payable during the month of January in even numbered years, i.e., 00, 02, 04. Renewal of home occupation permits for child care homes and related inspections shall occur annually.

In the event the building director determines that any home occupation previously granted is in violation of existing regulations, the building director or designated agent may issue home occupation ordinance violation citations to the homeowner, including violation citations for failure to obtain a home occupation permit. Such violations are punishable by fines of not less than two hundred fifty dollars ($250.00) for the first violation, not less than five hundred dollars ($500.00) for the second violation and not less than one thousand dollars ($1,000.00) for all subsequent violations. The amount of the fine shall be determined by the Merrillville Town Court.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 03-11, § 1, 4-8-03; Ord. No. 06-18, § 4, 7-11-06; Ord. No. 17-09, 6-27-17)

Sec. 21-77. - General standards for residential zones.

(a)

The following general standards, conditions and provisions shall apply to all residential zones:

(1)

The minimum ground floor area required in the R-1 and R-2 districts shall apply to all new structures built after July 28, 1981. Existing residential structures in R-1 and R-2 districts having less than the required ground floor area shall be considered to be legal existing structures.

(2)

In all residential districts, any dwelling unit built after September 14, 1982 shall have a minimum width of twenty-three (23) feet, exclusive of porches, terraces, garages, pullout and expansion rooms, or room additions.

(3)

In all R-1 and R-2 districts there shall be allowed only one garage, attached or detached, per lot and any garage built after September 1, 1986 shall have a maximum size of eight hundred sixty-four (864) square feet. If a parcel is five (5) acres or greater this requirement shall not apply. In an R-3 zone, a duplex unit may have a garage attached to each unit, not to exceed five hundred ninety-six (596) square feet for each garage or one detached structure to accommodate both units not to exceed eight hundred sixty-four (864) square feet. In an R-3 zone, a four-unit building may have one garage to accommodate four (4) enclosed parking spaces not to exceed one thousand one hundred fifty-two (1,152) square feet. In R-4 and R-5 districts, under planned unit development approvals, additional garages and/or carports are permitted, and size of garages and/or carports may be increased as approved by the plan commission.

(4)

In all R-1 and R-2 districts there may only be one accessory structure for storage purposes per lot and any accessory structure built after September 1, 1986, shall have a maximum size of one hundred fifty (150) square feet. If lot size is in excess of one acre the size of the accessory structure may be increased to one hundred ninety-two (192) square feet. If a parcel is five (5) acres or greater the above requirement shall not apply. Easily moveable accessory structures under one hundred (100) square feet not placed on a permanent foundation do not apply to the above requirements.

(5)

In all residential districts where child care facilities are located, the operators shall comply with all state and federal regulations prior to occupancy.

(6)

Metal and post building construction shall not be permitted in residential districts as primary buildings or uses. Accessory buildings such as sheds and detached garages can be of both types of construction.

(7)

Mentally ill residential facilities (group homes) shall be located at least three thousand (3,000) feet apart in all residential districts, distances measured from lot line to lot lines from each separate facility.

(8)

Developmentally disabled residential facilities (group homes) shall be located at least three thousand (3,000) feet apart in all residential districts, distance measured from lot lines to lot lines from each separate facility.

(9)

Motor vehicles, motor homes and recreational trailers shall not be used as dwellings unless located in an approved mobile home park or campgrounds.

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-78. - R-1 single-family residential district—Intent.

The R-1 single-family residential districts are intended to protect, promote and maintain areas that are developing or have been developed with single-family dwellings and limited public and institutional uses that are compatible with a low density residential neighborhood. The development standards and range of permitted uses are designed to provide for residential living at a density of approximately three (3) dwelling units per acre. (See Figure 13.)

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-79. - R-1—Use and development regulations.

(a)

The permitted uses, special exception uses, accessory uses and the temporary uses allowed in the R-1 single-family residential district are listed in section 21-136.

(b)

The area, bulk and height regulations for the R-1 single-family residential district are listed in section 21-137.

(c)

Parking requirements. See Article V.

(d)

Sign regulations. See Article VI.

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-80. - R-2 single-family residential district—Intent.

The R-2 single-family residential districts are intended to protect, promote and maintain the development of single-family dwellings and limited public and institutional uses that are compatible with the surrounding residential neighborhood. The development standards and range of permitted uses are designed to provide for residential living at a density less than four (4) dwelling units per acre. (See Figure 13.)

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 05-08, 4-12-05)

Sec. 21-81. - R-2—Use and development regulations.

(a)

The permitted uses, special exception uses, accessory uses and the temporary uses allowed in the R-2 single-family residential district are listed in section 21-136.

(b)

The area, bulk and height regulations for the R-2 single-family residential district are listed in section 21-137.

(c)

The minimum floor area for R-2 single-family residential dwellings shall be one thousand two hundred (1,200) square feet.

(d)

Parking requirements. See Article V.

(e)

Sign regulations. See Article VI.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 05-08, 4-12-05)

Sec. 21-82. - R-3 two-family residential district—Intent.

The R-3 two-family residential district is established to promote and maintain the development of single-family and two-family dwellings and limited public and institutional uses that are compatible with the surrounding residential neighborhood. The development standards and range of permitted uses are designed to provide for residential living at a slightly higher density of development than that of the R-2 district with a density of approximately six (6) dwelling units per acre.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 05-08, 4-12-05)

Sec. 21-83. - R-3—Use and development regulations.

(a)

The permitted uses, special exception uses, accessory uses and the temporary uses allowed in the R-3 two-family residential district are listed in section 21-136.

(b)

The area, bulk and height restrictions for the R-3 two-family residential district are listed in section 21-137.

(c)

The minimum lot area and residence size as follows:

(1)

For two-family semi detached dwellings, six thousand (6,000) square feet per each unit in the two-family dwelling. This would require an average lot size of twelve thousand (12,000) square feet per duplex.

(2)

For other uses, as required for the R-2 district.

(3)

The square foot living space per each individual living unit would be a minimum of one thousand two hundred (1,200) square feet.

(4)

The side yards shall be a minimum of six (6) feet each.

(d)

Parking requirements. See Article V.

(e)

Sign regulations. See Article VI.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 05-08, 4-12-05)

Sec. 21-84. - R-4 three- to four-family residential district—Intent.

The R-4 three- to four-family residential districts are established to promote and maintain the development of single-family, two-family, three- to four-family dwellings and limited public and institutional uses that are compatible with the surrounding residential neighborhood. The development standards and range of permitted uses are designed to provide for residential living at a slightly higher density of development than of the R-3 district with a density of less than ten (10) dwelling units per acre.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 05-08, 4-12-05)

Sec. 21-85. - R-4—Use and development regulations.

(a)

The permitted uses, special exception uses, accessory uses and the temporary uses allowed in the R-4 three- to four-family residential districts are listed in section 21-136.

(b)

The area, bulk and height regulations for the R-4 three- to four-family residential districts are listed in section 21-137.

(c)

The minimum lot area and residence size are as follows:

(1)

For three- and four-family detached dwellings, four thousand five hundred (4,500) square feet per dwelling unit. (Eighteen thousand (18,000) square foot minimum per four plex).

(2)

The living space in any living unit shall not be less than one thousand one hundred (1,100) square feet.

(3)

For other uses as provided for the R-3 district.

(d)

Parking requirements. See Article V.

(e)

Sign regulations. See Article VI.

(f)

Where a three- to four-family development abuts a single-family residential district, a planting buffer shall be provided which shall contain trees on eight-foot centers with an initial minimum height of eight (8) feet and a caliper of not less than two (2) inches.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 05-08, 4-12-05)

Sec. 21-86. - R-5 multiple-family residential district—Intent.

The R-5 multiple-family residential districts are intended to protect, promote and maintain the development of a variety of housing types including single-family dwellings, two-family dwellings and multiple-family dwellings and limited public and institutional uses that are compatible with the surrounding residential neighborhood. The development standards and range of permitted uses are designed to provide for a mixture of housing opportunities with a density of approximately eleven (11) dwelling units per acre.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 05-08, 4-12-05)

Sec. 21-87. - R-5—Use and development regulations.

(a)

The permitted uses, special exception uses, accessory uses and the temporary uses allowed in the R-5 multiple-family residential district are listed in section 21-136.

(b)

The area, bulk, height and minimum living space regulations for the R-5 multiple-family residential district are listed in section 21-137. The minimum living space for each unit shall not be less than nine hundred (900) square feet.

(c)

The minimum lot area per dwelling unit shall be three thousand nine hundred (3,900) square feet.

(d)

For minimum uses as provided for the R-4 district.

(e)

The floor area ratio for nonresidential permitted uses and special exception shall be provided for the R-4 district.

(f)

Parking requirements. See Article V.

(g)

Sign regulations. See Article VI.

(h)

Where a multiple-family development abuts a single-family residential district, a planting buffer shall be provided which shall contain trees on eight-foot centers with an initial minimum height of eight (8) feet and a caliper of not less than two (2) inches.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 05-08, 4-12-05)

Sec. 21-96. - Generally.

The following provisions shall apply to all commercial districts:

(1)

All business, service, storage, merchandise, display, and where permitted, repair and processing, shall be conducted wholly within an enclosed building, except as otherwise permitted herein for specified uses such as off-street automobile parking, off-street loading, and open-sales lots or outside storage in districts where they are permitted.

(2)

Goods sold shall consist primarily of new merchandise, and any goods produced on the premises shall be sold at retail on the premises unless otherwise permitted herein for specified uses.

(3)

Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, noise, vibration, refuse matter, or water-carried waste.

(4)

In any commercial district where a commercial building is located on a lot which abuts property zoned for residential use, an opaque landscape screen or an opaque fence having a height of six (6) feet shall be provided along any side and/or rear lot line contiguous to the property zoned for residential use.

(5)

The requirements of this district shall apply to all new structures, built after July 28, 1981. Existing commercial structures not meeting the bulk requirements shall be considered legal structures.

(a)

The permitted uses, special exception uses, accessory uses and the temporary uses allowed in the C-5 office research district are listed in section 21-136.

(b)

The area, bulk and height regulations for the C-5 office research district are listed in section 21-137.

(c)

Parking requirements. See Article V. The following additional parking requirements shall apply to the C5 office research district.

(1)

No facilities for parking of vehicles shall be situated in any area within thirty (30) feet of any public street unless each of the following conditions are met.

Berms or mounds of earth at least three (3) feet in height above adjacent street grade (measured at the curb line) and having a maximum slope of 3:1 (i.e., one foot vertically for each three (3) feet horizontally) shall be constructed and maintained so as to provide substantial screening of such parking facilities from adjacent public streets;

Suitable vegetation (consisting of both deciduous and coniferous materials) shall be planted and maintained so as to provide substantially year-round screening of such parking facilities from adjacent public streets;

Prior to the commencement of construction of such parking facilities, a landscaping plan depicting in detail all provisions for compliance with items of a. and b. above shall be submitted to the community development director for approval. (See Figure 7.)

(2)

All off-street loading, receiving and service areas as well as off-street parking spaces which are visible from residential districts shall be screened by earth berms, landscaping or architectural walls. All waste materials shall be contained within the principal or accessory building.

(d)

Sign regulations. See Article VI.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 06-18, § 4, 7-11-06)

Sec. 21-107. - C/I-S commercial/industrial special district.

(a)

Intent. The C/I-S commercial/industrial special districts are established to promote the development of large scale, mixed-use commercial/industrial development with multiple development parcels in a campus-like setting within a single multi-use district. The primary objective of this district is to encourage development which achieves a high degree of: (i) excellence in overall site design; (ii) integration of individual parcel site design within the overall development; and, (iii) innovation, creativity and quality in building design. The district provides flexibility and procedural economy by permitting a broad range of commercial or industrial land uses in a single district, while maintaining adequate land use controls to protect adjoining properties.

(b)

Minimum area, procedures and tentative land use plan.

(1)

Minimum land area: The minimum land area for the designation of an individual C/I-S district shall be one hundred (100) acres.

(2)

Procedures: The approval process for development within the C/I-S district shall be as follows:

Rezone: Filing for and obtaining approval of a rezoning of real property to the C/I-S district.

Platting:

Preliminary plat approval shall in conformance with Chapter 19, Subdivisions, of the Municipal Code of Merrillville, Indiana.

Final plat approval shall be in conformance with the plat committee process of Chapter 19, Subdivisions, of the Municipal Code of Merrillville, Indiana.

Permits: Application for and issuance of improvement location permits in accordance with the section 21-45, improvement location permits.

Alternate plans: In order to encourage excellence in design and innovation and creativity, a developer may request approval of "alternate plans" as a request to waive certain development requirements of this C/I-S district, as specified herein, in accordance with the requirements of section 21-107(h) and the provisions of IC 36-7-4-1400 et seq. regarding development plans.

(3)

Tentative land use plan: Each petition for rezoning shall be accompanied by a tentative land use plan which shall be approved as part of a rezoning ordinance. A tentative land use plan shall depict the general location all proposed land uses and their approximate size, area or intensity. A tentative land use plan shall consist of a map or other depiction of the real property to be included in the overall C/I-S district with sufficient detail to orient the proposed C/I-S district to surrounding development and land use patterns. A tentative land use plan may be supplemented by written text.

(4)

Designation of permitted uses: Only those land uses or groups of land uses indicated on the tentative land use plan or in the supplemental written text and approved as part of a rezoning ordinance shall be authorized in a C/I-S district.

(c)

Permitted uses. Land uses which may be specified and permitted within a C/I-S district shall be specified in the ordinance which rezones real property to the C/I-S district. Land uses within a C/I-S district may include any commercial or industrial land use, individually or in combination, as provided below. By way of example only, and depending upon the location, the following land uses may be considered in a C/I-S district:

(1)

Any C-1 neighborhood commercial uses.

(2)

Any C-2 community commercial uses.

(3)

Any C-5 office research uses.

(4)

Any M-1 limited industrial uses, except the following items:

Automobile and/or truck repair; auto and/or truck parts sales; auto and/or truck painting; auto and/or truck customizing; auto and/or truck used vehicle sales.

Pole buildings.

Transportation facilities such as truck transfer stations; truck stops; truck washes, and truck terminals (this provision does not limit distribution warehouses).

Manufacturing of food and beverages, leather goods; paper and paper products (this provision does not limit blending, assembly or packaging of items or materials).

Junk yards, wrecking yards, recycling centers and the like.

(5)

Any other individual or combination of commercial or industrial land uses deemed appropriate by the plan commission and the town council for the property.

(d)

Development requirements for overall development. The development requirements contained in this subsection are intended to apply to the overall development within a C/I-S district and shall establish the basic parameters for the integration of the overall development into the neighboring community.

(1)

Access. Access to any particular C/I-S district shall be limited to shared street road cuts. Individual uses or buildings within a C/I-S district shall not utilize a private, individual street road cut. Access to individual parcels may be provided by the development of internal public streets, internal private streets or by limited private access easements serving multiple uses within the overall C/I-S district.

Full-width street road cuts shall not exceed thirty-six (36) feet in width. Median divided street road cuts shall be of a width as approved by the Plat Committee. All street road cuts shall be a minimum of two-hundred fifty (250) feet apart. All street road cuts shall be a minimum of three hundred (300) feet from the intersection of two (2) streets. The location and number of access points shall be subject to the approval of the plat committee.

(2)

Utilities/drainage/infrastructure. The size, type, location, construction and installation of all project utilities, including storm water drainage, sanitary sewers, water, electric lines, natural gas, telephone, etc., shall be approved through the subdivision review process.

(3)

Overall perimeter yard and setback requirements.

Front yard and setback measured from the front lot line abutting a perimeter street for the overall C/I-S district:

Interstate highway, primary arterial—Limited access, primary arterial or secondary arterial—Sixty (60) feet.

Collector or local—Forty (40) feet.

Side yard and setback measured from a side lot line—Thirty (30) feet.

Rear yard and setback measured from a rear lot line—Thirty (30) feet.

(4)

Use of overall perimeter yards. All overall perimeter yards shall be maintained as a landscaped yard area free from buildings or structures unless specifically authorized below:

Front yards—May included signs, entrance drives, drainage features and utilities.

Side and rear yards—May include drives connecting to adjoining parcels, drainage features and utilities.

Side and rear yards abutting a residential district—May include drainage features and utilities, with the remainder of such yard being maintained as a landscaped yard area free from buildings or structures and landscaped as required by paragraph (5)d., below.

(5)

Overall perimeter landscaping requirements.

Front yards—Street trees are required at one tree per forty (40) feet of street frontage along public streets. Each street tree shall be a minimum of two-inch caliper at time of planting. Corner lot tree planting shall comply with Figure 14 of this Code regarding vision clearance. See section 21-132 for listing of approved trees for street planting.

Front yards adjoining a residential district—In addition to the street tree planting required in paragraph a., above, front yards adjoining a residential district shall include berms or mounds of earth at least three (3) feet in height above adjacent street grade (measured at the curb line) and having a maximum slope of 3:1 (i.e., one foot vertically for each three (3) feet horizontally) and clustering's of hedge plants or evergreen trees so as to provide partial screening of such front yard.

Side and rear yards — Trees are required at one tree per sixty (60) feet of a side or rear lot line. Each street tree shall be a minimum of two-inch caliper at time of planting. See section 21-132 for listing of approved trees.

Side and rear yards abutting a residential district—Landscaping along all side and rear lot lines abutting a residential districts shall consist of:

a continuous screen of evergreen plantings, minimum size of six (6) feet tall at the time of planting, spaced a maximum of twelve and one-half (12.5) feet on center; or,

a minimum six-foot high wood fence, not to exceed eight (8) feet in height, landscaped with evergreen plantings, minimum size of four (4) feet tall at the time of planting, spaced a maximum of twenty-five (25) feet on center,

located within a yard area measuring not less than ten (10) feet in depth between all buildings, parking and accessory uses and the side or rear lot lines.

Water features—Water features may be incorporated into any front, side or rear yard landscape requirement.

Alternate plans—An alternate plan for the overall perimeter landscaping requirements may be considered as a waiver.

(6)

Overall project signs. Overall project signs shall provide identification to the entire C/I-S district as a unit and not to any individual use or occupant with the C/I-S district.

Project ground signs.

Entry walls—One ground sign may be incorporated into an entry wall treatment located on each side of any shared street road cut into the C/I-S district.

Height and area—Entry wall treatments which include a project ground sign shall not exceed eight (8) feet in height, and the portion of the wall devoted to sign surface area shall not exceed forty-eight (48) square feet in area.

Setback—All portions of such entry wall shall be setback a minimum of ten (10) feet from any public right-of-way.

Separation—No freestanding sign for any individual use or lot within the C/I-S district shall be located within fifty (50) feet of a project ground sign.

Project pylon signs.

Number—One pylon sign shall be permitted for each one thousand (1,000) foot increment, or portion thereof, of street frontage of a C/I-S district along an individual perimeter street.

Height and area—Each pylon sign may be up to twenty-five (25) feet in height and may contain up to three hundred (300) square feet in sign surface area.

Additional signs—Where sufficient street frontage exists to qualify for an additional pylon sign, such signs may be aggregated into one or more larger signs, provided no individual sign may exceed six hundred (600) square feet in sign surface area or fifty (50) feet in height. Any remaining sign surface area may be allocated to pylon signs in compliance with the base regulations of twenty-five (25) feet in height and three hundred (300) square feet in sign surface area.

Setback—All pylon signs shall be setback a minimum of ten (10) feet from any public right-of-way.

Separation—No freestanding sign for any individual use or lot within the C/I-S district shall be located within two hundred (200) feet of a project pylon sign.

Separation—No project pylon sign within the C/I-S district shall be located within one hundred (100) feet of a project ground sign.

(e)

Development requirements for office/research land uses. The Development Requirements contained in this subsection are designed and intended to apply specifically to the development of individual office or research land use parcels within an overall C/I-S district development. If any portion of an individual parcel abuts the perimeter of the overall C/I-S district, that portion of the individual parcel shall also comply with the development requirements for overall development.

(1)

Lot area—Ten thousand (10,000) square feet.

(2)

Lot width—One hundred (100) feet.

(3)

Minimum yard and setback requirements.

Front yard and setback measured from the front lot line:

Primary arterial or secondary arterial—Sixty (60) feet.

Local or collector—Forty (40) feet.

Side yard and setback measured from a side lot line—Twenty-five (25) feet.

Rear yard and setback measured from a rear lot line—Twenty-five (25) feet.

(4)

Maximum floor area ratio—0.8.

(5)

Use of required yards—Shall subject to the provisions of section 21-12 and the following additional regulations:

Front—May include driveways, signs and off-street parking areas provided such parking areas are located no closer than twenty (20) feet to a front lot line.

Side and rear yards—May include signs and interior access driveways.

(6)

Maximum building height—One hundred twenty (120) feet above grade.

(7)

Off-street parking—See section 21-172, off-street parking.

(8)

Off-street loading—In addition to the provisions of section 21-171, off-street loading, off-street loading areas shall be oriented to the side or rear facade of the building served.

(9)

Outdoor operations—All uses and operations (except for off-street parking and off-street loading and delivery, and walk-up customer service windows) shall be conducted within completely enclosed buildings.

(10)

Individual office/research parcel landscaping regulations.

Individual perimeter yard requirements.

Front yards—Shall be provided with one tree per forty (40) feet of street frontage along all front lot lines. Each street tree shall be a minimum of two-inch caliper at time of planting. Corner lot tree planting shall comply with Figure 14 of this Code regarding vision clearance. See section 21-132 for listing of approved trees for street planting.

Side and rear yards—Shall be provided with one tree per sixty (60) feet along all side and rear lot lines. Each street tree shall be a minimum of two-inch caliper at time of planting. See section 21-132 for listing of approved trees for street planting.

Foundation plantings.

Foundation landscaping shall be applicable to all front, side and rear elevations of a new building or building addition.

Foundation landscaping shall be provided at a rate of:

One shade tree for every forty (40) feet of width of the applicable elevation;

ii.

One ornamental tree or one evergreen tree for every twenty-five (35) feet of width of the applicable elevation; or

iii.

Ten (10) hedge plants or shrubs for every forty (40) feet of width of the applicable elevation.

iv.

The above rates of foundation landscaping may be combined or pro-rated, as necessary, based upon the length of the applicable elevation.

Foundation landscaping areas shall maintain a minimum dimension of six (6) feet in the smallest dimension, with a minimum of thirty-six (36) square feet of foundation landscaping area provided for each tree and for every two (2) hedge plants or shrubs.

Location—Foundation landscaping areas shall be located along or adjacent to each applicable building elevation, provided, however, where a portion of the building elevation is devoted to pedestrian ingress/egress, vehicular ingress/egress, loading or drop-off zones, foundation landscaping areas may be aggregated into one or more locations along or abutting such building elevation.

Relationship to buildings—Foundation landscaping areas shall be located adjacent to the building.

Parking lot screening. In addition to perimeter yard landscaping, foundation landscaping and interior parking area landscaping, if an off-street parking area is located between a front building line and a front lot line the edge of the parking area facing such front lot line shall be screened by:

A compact row of shrubs/hedge plants planted three (3) feet on-center (3' o.c.) across the front of the parking area and a minimum of twenty-four (24) inches in height at the time of planting and located between such front lot line and the edge of the parking area; or

Hedge plants or shrubs in combination with: an ornamental or decorative fence; a masonry wall; or, an earthen berm, provided that:

The ornamental or decorative fence or masonry wall is not less than twenty-four (24) inches in height nor more than thirty-six (36) inches in height, with an open space percentage equal to or less than seventy (70) percent; or,

ii.

The earthen berm is not less than twenty-four (24) inches in height nor more than thirty-six (36) inches in height.

Interior parking lot landscaping. Tree plantings are required in all front yard and/or side yard parking areas at a rate of one tree per fifteen (15) parking spaces. These trees can be incorporated in the interior of the parking facility or along the periphery of the parking lot.

Water features. Water features may be incorporated into any front, side or rear yard landscape requirement.

Alternate plans. An alternate plan for the individual office/research parcel landscaping regulations may be considered as a waiver.

(11)

Individual office/research parcel lighting requirements. See section 21-20, lighting standards.

(12)

Individual office/research parcel sign regulations.

Freestanding ground signs.

Number, height and area—Individual office/research parcels shall be eligible for one ground sign per street frontage, with each ground sign not to exceed six (6) feet in height or forty-eight (48) square feet in sign surface area.

Separation—No individual ground sign shall be located within fifty (50) feet of a project ground sign or two hundred (200) feet of a project pylon sign.

Facade signs. The total sign surface area of all building identification signs oriented to an individual facade shall not exceed five (5) percent of the total area of the facade upon which the sign is located.

Traffic or direction signs—As regulated in section 21-192.

(f)

Development requirements for retail commercial land uses. The development requirements contained in this subsection are designed and intended to apply specifically to the development of individual retail commercial land use parcels within an overall C/I-S district development. If any portion of an individual parcel abuts the perimeter of the overall C/I-S district, that portion of the individual parcel shall also comply with the development requirements for overall development.

(1)

Lot area—Ten thousand (10,000) square feet.

(2)

Lot width—One hundred (100) [feet].

(3)

Minimum yard and setback requirements.

Front yard and setback measured from the front lot line:

Primary arterial or secondary arterial—Sixty (60) feet;

Local or collector—Forty (40) feet.

Side yard and setback measured from a side lot line—Ten (10) feet.

Rear yard and setback measured from a rear lot line—Ten (10) feet.

Alternate plans—An alternate plan which modifies the minimum yard and setback requirements as necessary to provide for the development of a "town center" or "main street" concept retail development may be considered as a waiver.

(4)

Maximum floor area ratio—1.3.

(5)

Use of required yards—Shall subject to the provisions of section 21-12 and the following additional regulations:

Front—May include driveways, signs and off-street parking areas provided such parking areas are located no closer than ten (10) feet to a front lot line.

Side and rear yards—May include signs, off-street parking, interior access drive, interior access driveways.

Alternate plans—An alternate plan which modifies the use of required yards as necessary to provide for the development of a "town center" or "main street" concept retail development may be considered as a waiver.

(6)

Maximum building height—Fifty (50) feet above grade.

(7)

Off-street parking—See section 21-172, off-street parking.

(8)

Off-street loading—In addition to the provisions of section 21-171, Off-street loading, off-street loading areas shall be oriented to the side or rear facade of the building served.

(9)

Outdoor operations—All uses and operations (except off-street parking, off-street loading and delivery, walk-up customer service windows and drive-through customer service windows) shall be conducted completely within enclosed buildings, except where expressly permitted below:

Outdoor seating for restaurants:

Shall not be located between a building line and an abutting residential zoning line;

Shall not be located in any required yard or any street right-of-way;

Shall be located adjacent to the business' tenant bay or storefront;

Shall be included in the calculation of required foundation landscaping area and any applicable building foundation landscaping area and associated foundation landscaping shall be extended or relocated around the perimeter of the outdoor seating area;

Shall not exceed ten (10) percent of the gross floor area of the restaurant;

Shall not block an entrance or exit to or from the business or building; and

Shall be located so as to not interfere or conflict with sidewalks, walkways, pedestrian ways, required parking areas, required loading areas, driveways, interior access drives, interior access driveways, perimeter landscape yards or foundation landscaping.

Vending machines:

Shall abut the exterior wall of the building; and

Shall not be located in any required yard.

Outdoor display or sales of merchandise:

Shall be accessory to the primary use;

Shall not exceed the lesser of: Ten (10) percent of the gross floor area; or twenty thousand (20,000) square feet, for each non-related and separately operated use;

Shall not be located in a required yard;

Shall be located so as to maintain a minimum usable width of four (4) feet for any sidewalks, walkways, pedestrian ways, entrances or exits to or from the business or building; and,

Shall be located so as to not interfere or conflict with required parking areas, required loading areas, driveways, interior access drives, interior access driveways, perimeter landscape yards or foundation landscaping.

Gasoline pumps provided that no outdoor operations other than the dispensing or installation of gasoline, oil, antifreeze and other similar products and the performance of minor services for customers as related to said dispensing or installation are conducted on the site.

Walk-up or drive through customer service windows or automated teller machines (ATM's), provided that such facilities shall be located so as to not interfere or conflict with sidewalks, walkways, pedestrian ways, entrances or exits to or from the business or building, parking areas, loading areas, driveways, interior access drives, interior access driveways, perimeter landscape yards or foundation landscaping.

(10)

Individual retail commercial parcel landscaping regulations.

Individual perimeter yard requirements.

Front Yards—Shall be provided with one tree per forty (40) feet of street frontage along all front lot lines. Each street tree shall be a minimum of two-inch caliper at time of planting. Corner lot tree planting shall comply with Figure 14 of this Code regarding vision clearance. See section 21-132 for listing of approved trees for street planting.

Foundation plantings.

Foundation landscaping shall be applicable to all front elevations of a new building or building addition.

Foundation landscaping shall be provided at a rate of:

One shade tree for every fifty (50) feet of width of the applicable elevation;

ii.

One ornamental tree or one evergreen tree for every thirty-five (35) feet of width of the applicable elevation; or,

iii.

Ten (10) hedge plants or shrubs for every fifty (50) feet of width of the applicable elevation.

iv.

The above rates of foundation landscaping may be combined or pro-rated, as necessary, based upon the length of the applicable elevation.

Relationship to buildings—Foundation landscaping areas shall be located: (i) adjacent to the building; or, (ii) so as to begin within fifteen (15) feet of the building (i.e., to allow for a walkway or similar improvements adjacent to the building).

Hedge plants or shrubs in combination with: an ornamental or decorative fence; a masonry wall; or, an earthen berm, provided that:

ii.

The earthen berm is not less than twenty-four (24) inches in height nor more than thirty-six (36) inches in height.

Water features. Water features may be incorporated into any front, side or rear yard landscape requirement.

Alternate plans. An alternate plan for the individual retail commercial parcel landscaping regulations may be considered as a waiver.

(11)

Individual retail commercial parcel lighting requirements. See section 21-20, lighting standards.

(12)

Individual retail commercial parcel sign regulations.

Freestanding pylon signs. Individual commercial sites shall qualify for the following freestanding signs:

Number—One pylon sign per street frontage.

Height and area—Pylon signs shall not exceed two hundred (200) square feet in sign surface area or twenty (20) feet in height above grade.

Setback—Minimum setback shall be ten (10) feet from any right-of-way.

Separation—No pylon sign shall be located within fifty (50) feet of a project ground sign or two hundred (200) feet of a project pylon sign.

Facade signs. The total sign surface area of all building identification signs oriented to an individual facade shall not exceed:

Front facade—Ten (10) percent of the total area of the front facade of the structure or tenant space;

Side and rear facade—Five (5) percent of the total area of the side or rear facade of the structure or tenant space; and

The linear measurement of a building identification sign shall not exceed eighty (80) percent of the linear width of the facade of the structure or tenant space on which the sign is located.

Marquee or canopy signs—As regulated in section 21-192.

Traffic or direction signs—As regulated in section 21-192.

Automobile gasoline station with convenience store accessory signs—As regulated in section 21-192.

(g)

Development requirements for industrial land uses. The development requirements contained in this subsection are designed and intended to apply specifically to the development of individual industrial land use parcels within an overall C/I-S district development. If any portion of an individual parcel abuts the perimeter of the overall C/I-S district, that portion of the individual parcel shall also comply with the development requirements for overall development.

(1)

Generally—In addition to the regulations contained in section 21-96, the provisions of section 21-115 shall also apply to any lot containing and industrial land use.

(2)

Lot area—Two and five-tenths (2.5) acres.

(3)

Lot width—Three hundred (300) feet.

(4)

Minimum yard and setback requirements.

Front yard and setback measured from the front lot line:

Primary arterial or secondary arterial—Sixty (60) feet;

Local or collector—Forty (40) feet.

Side yard and setback measured from a side lot line—Twenty (20) feet.

Rear yard and setback measured from a rear lot line—Twenty (20) feet.

(5)

Maximum floor area ratio—1.0.

(6)

Use of required yards—Shall subject to the provisions of section 21-12 and the following additional regulations:

Front—May include driveways, signs and off-street parking areas provided such parking areas are located no closer than twenty (20) feet to a front lot line.

Side and rear yards — May include signs, off-street parking, interior access drive, interior access driveways.

(7)

Maximum building height—Sixty-five (65) feet.

(8)

Off-street parking—See section 21-172, off-street parking.

(9)

Off-street loading—In addition to the provisions of section 21-171, Off-street loading, off-street loading areas shall be oriented to the side or rear facade of the building served, provided, however, this requirement may be waived as set forth below subject to the provision of enhanced landscaping to provide substantially year-round screening of such loading areas.

(10)

Outdoor operations.

Operations. All operations, servicing and processing (except outdoor storage, off-street parking and off-street loading) shall be conducted within completely enclosed buildings.

Storage. All storage of materials or products shall be either:

Within completely enclosed buildings; or,

Within a defined storage area in compliance with the following:

Location of outdoor storage:

(a)

Along an interstate highway, primary arterial—Limited access, primary arterial or secondary arterial—Shall not be located within a minimum front yard; and

(b)

Along a collector or local street—Shall not be located between the front lot line and the established front building line.

ii.

Screening—Outdoor storage areas shall be screened from view from all adjacent public streets lines by:

(a)

Buildings; or,

(b)

Fencing, ornamental fence or wall, solid wall, architectural screen, masonry or similar type fence, supplemented with suitable vegetation (consisting of both deciduous and coniferous materials) planted and maintained so as to provide substantially year-round screening of such outdoor storage area from adjacent public streets.

Height of fence—The height above grade of said fence shall be at least six (6) feet and shall not exceed twelve (12) feet.

Height of outdoor storage—Outdoor storage of materials or products shall not exceed the height of the fence.

Surface of outdoor storage area—All outdoor storage areas shall be surfaced with a durable, dust-free surface of concrete or asphalt surface.

Amount of outdoor storage.

The total area devoted to outdoor storage shall not exceed twenty (20) percent of the gross floor area of all buildings on the lot.

Alternate plans: Outdoor storage in excess of twenty (20) percent of the gross floor area of all buildings on the lot may be considered as an alternate plan for the amount of outdoor storage as a waiver upon demonstration of the need for such outdoor storage for the particular use and that adequate screening of such outdoor storage area shall be provided.

(11)

Individual industrial parcel landscaping regulations.

Individual perimeter yard requirements.

Foundation plantings.

Foundation landscaping shall be applicable to all front elevations of a new building or building addition.

Foundation landscaping shall be provided at a rate of:

One shade tree for every sixty (60) feet of width of the applicable elevation;

ii.

One ornamental tree or one evergreen tree for every forty (40) feet of width of the applicable elevation; or

iii.

Ten (10) hedge plants or shrubs for every sixty (60) feet of width of the applicable elevation.

iv.

The above rates of foundation landscaping may be combined or pro-rated, as necessary, based upon the length of the applicable elevation.

Relationship to buildings—Foundation landscaping areas shall be located adjacent to the building.

Hedge plants or shrubs in combination with: an ornamental or decorative fence; a masonry wall; or an earthen berm, provided that:

ii.

The earthen berm is not less than twenty-four (24) inches in height nor more than thirty-six (36) inches in height.

Interior parking lot landscaping. Tree plantings are required in all front yard and/or side yard parking areas not devoted to semi-truck parking at a rate of one tree per fifteen (15) parking spaces. These trees can be incorporated in the interior of the parking facility or along the periphery of the parking lot.

Water features. Water features may be incorporated into any front, side or rear yard landscape requirement.

Alternate plans. An alternate plan for the individual industrial parcel landscaping regulations may be considered as a waiver.

(12)

Individual industrial parcel lighting requirements. See section 21-20, lighting standards.

(13)

Individual industrial parcel sign regulations.

Freestanding pylon signs. Individual commercial sits shall qualify for the following freestanding signs:

Number—One pylon sign per street frontage.

Height and area—Pylon signs shall not exceed two hundred (200) square feet in sign surface area or twenty (20) feet in height above grade.

Setback—Minimum setback shall be ten (10) feet from any right-of-way.

Separation—No pylon sign shall be located within fifty (50) feet of a project ground sign or two-hundred (200) feet of a project pylon sign.

Facade signs. The total sign surface area of all building identification signs oriented to an individual facade shall not exceed three (3) percent of the total area of the facade upon which the sign is located.

Traffic or direction signs. As regulated in section 21-192.

(h)

Alternate plan approvals. In order to encourage innovative building and site designs capable of enhancing the quality of the built environment, any development within the C/I-S district may propose an alternate plan as a waiver of the development requirements specified in this section 21-017 as set forth below:

(1)

Designation of approval authority for alternate plans. Authority to approve a development plan and thereby approve an Alternate Plan as a waiver of development requirements within a C/I-S district is hereby delegated to the plat committee.

(2)

Specification of development requirements which may be waived—The plat committee may grant a waiver of only those development requirements which specify that an alternate plan may be approved.

(3)

Findings of fact regarding waiver requests—A waiver may only be approved upon finding that the proposed alternate plan:

Represents a innovative use of site design features or landscaping which will enhance the use or value of area properties;

Is consistent with and compatible with other development located within the C/I-S district; and

Is consistent with the intent and purpose of this chapter.

(4)

Additional findings—In the event that the text of a particular subsection which authorizes approval of an alternate plan contains additional limitations or regulations regarding the granting of a waiver or an alternate plan approval, such additional findings as may be necessary shall also be required.

(5)

Signing of findings—All findings for the approval of waiver or an alternate plan shall be reduced to writing and signed by the president of the plat committee and retained as a part of the permanent record of the determination.

(6)

Procedures for the submission and review of alternate plans within the C/I-S district. The following procedures shall apply to the form of filing, required plans, fees, notice, hearing, amendment and other matters relevant to the review of an alternate plan.

Form of filing—All applications shall be on forms a provided or prescribed by the community development director.

Required plans—All applications for development plan approval shall include those plans as necessary to demonstrate the nature of final development in the event that an alternate plan is approved. Depending on the nature of the alternate plan approval being requested, the community development director may request the filing of any of the following types of plans:

Overall plan.

Site plan.

Landscape plan.

Lighting plan.

Sign plan.

Building elevations.

Fees—The fees for the review of an alternate plan shall be the same as the fees applicable to the final approval of a planned unit development.

Notice—Alternate plans shall be approved by the plat committee at a public meeting without notice to adjoining property owners.

Amendments to approved alternate plans—Minor amendments or additions to alternate plans which have already received approval and which do not involve: (a) the designation of additional land uses; (b) the reduction in overall perimeter yards; (d) the addition of driveways or access points; or, (e) reduction in the amount of parking for any use below minimum ordinance requirements, may be authorized by the community development director without a public hearing in its continuing administration of the alternate plan if, in the determination of the community development director, the requested minor amendments or additions do not adversely impact the purpose or intent of the overall development.

Appeal—Any decision of the community development director regarding a minor amendment of an alternate plan may be appealed by any interested party as follows:

An appeal of the interpretation of a development standard incorporated by reference into the C/I-S district shall be to the board of zoning appeals;

An appeal of the interpretation of a development requirement specified in this section shall be to the plan commission; and

An appeal of a determination to approve or deny a minor amendment to an Alternate plan shall be to the plan commission.

All appeals shall be filed within thirty (30) days of such determination.

(i)

Definitions. The following word, terms or phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)

Overall plan: A site plan of a particular C/I-S district indicating the roadway network, proposed future development areas, all developments which have received approval within the particular C/I-S district, and any proposed development pending review within the particular C/I-S district.

(2)

Tentative land use plan: An informal site plan of a proposed project intended to convey the scope, content and nature of a proposed development, but lacking sufficient detail to determine compliance with ordinance standards.

(j)

Conflict. In the case of conflict between a regulation contained in this section and another regulation contained in this section or a section which is referred to by this section, the regulation which imposes the higher or more restrictive standard shall control.

(Ord. No. 04-78, § 1, 1-11-05; Ord. No. 06-18, § 4, 7-11-06)

Sec. 21-115. - Generally.

The following provisions shall apply to all industrial districts:

(1)

No lot, parcel, or tract of land shall be used, and no building or structure shall be erected, altered, or remodeled for any of the following uses: abattoirs; manufacture of acid; arsenals; crematories; manufacture or storage of fireworks or explosives; dumping or reduction of garbage, dead animals, offal, or refuse; processing or refining of petroleum; ore reduction; manufacture of nitrocellulose; manufacture of synthetic polymers; manufacture or treatment of gutta percha; salt works; manufacture of sauerkraut; manufacture of soap; smelters; stockyards or slaughter of animals or fowls; manufacture or treatment of tallow, grease or lard; tanning, curing, or storage of rawhides or skins; distillation of tar; or batch asphaltic concrete and Portland cement concrete mixing plants.

(2)

No activities involving the storage, utilization, or manufacture of materials or products which decompose by detonation shall be permitted, except such as are specifically licensed by the Town of Merrillville. Such materials shall include but shall not be confined to all primary explosives such as lead azide, lead styphnate, fulminates and tetrocene; all high explosives such as TNT, RDX, HMX, PETN, and picric acid; propellants and components thereof such as cellulose nitrate of a nitrogen content of twelve and one-half (12½) percent or greater, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate, and potassium nitrate; blasting explosives such as dynamite and nitroglycerine, unstable organic compounds such as acetylides, tetrazoles, perchloric acids; perchlorates, chlorates, hydrogen peroxide in concentrations greater than thirty-five (35) percent; and nuclear fuels, fissionable materials, and products and reactor elements such as Uranium 235 and Plutonium 239.

(3)

Within three hundred (300) feet of a residence district boundary line all activities and operations shall be within completely enclosed buildings or may be out-of-doors if completely screened by a solid wall or uniformly painted solid fence at least eight (8) feet in height, and open storage shall not be greater height than that of the enclosing fence, except that off-street parking for vehicles in operable condition and off-street loading and unloading spaces may be located in accordance with requirements set forth in Article V of this chapter.

(4)

No building, structure, or land within one hundred (100) feet of any lot line abutting a residential district shall be used in connection with the operations of any industrial use establishment. Off-street parking and off-street loading spaces may be located within this setback area in accordance with regulations hereinafter set forth in Article V of this chapter.

(5)

Any use establishment in an industrial district hereinafter shall be operated in such manner as to comply with applicable performance standards as hereinafter set forth governing noise, smoke, particulate matter, toxic or noxious matter, odors, fire and explosive hazards, or vibration, or glare or heat; and no use already established on the effective date of this chapter shall be so altered or modified as a to conflict with such applicable performance standards. Certification from a testing laboratory, approved by the town council indicating compliance with the applicable performance standards shall accompany application for a building permit.

(6)

Noise in all industrial districts shall comply with the following performance standards:

Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association. Measurements shall be made using the flat network of the sound level meter, and shall include continuous noise and those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two (2) decibels. Noises incapable of being so measured shall be measured with the impact noise meter manufactured according to standards prescribed by the American Standards Association, and shall comply with the applicable performance standards for noise. In all instances in which an industrial district does not adjoin a residential or commercial district, the performance standards governing noise for the industrial district shall apply at the nearest residential or commercial district boundary line.

At no point, either on the boundary of a residential or commercial district or at one hundred twenty-five (125) feet from the nearest property line of a plant or operation, whichever distance is greater, shall be sound pressure level of any individual operation or plant (other than background noises produced by sources not under control of this chapter, such as the operation of motor vehicles or other transportation facilities) exceed the decibel levels in the designated octave bands shown in the following table:

Maximum Permitted Sound Level (Decibels)

Octave Band (Frequency cycles per second)	Along Residential District Boundaries	Along Commercial District Boundaries
0 to 75	72	75
75 to 150	67	70
150 to 300	59	63
300 to 600	52	57
600 to 1,200	46	52
1,200 to 2,400	40	45
2,400 to 4,800	34	40
Above 4,800	32	38

(7)

In industrial districts no industrial operation or activity shall cause at any time ground transmitted vibrations in excess of the limits set forth below. Vibration (the periodic displacement, measured in inches, of earth) shall be measured at any point along a residential district boundary line with a three-component measuring instrument approved by the town council, and shall be expressed as displacement in inches. The limits are as follows:

Frequency cycles per second	Maximum permitted displacement along residential district boundaries (in inches)
0 to 10	.0008
10 to 20	.0005
20 to 30	.0003
30 to 40	.0002
40 and over	.0001

(8)

The following provisions shall apply to smoke and particulate matter in the industrial districts:

The emission of smoke or particulate matter in such manner or quantity as to endanger or to be detrimental to the public health, safety, comfort, or welfare, is hereby declared to be a public nuisance, and shall henceforth be unlawful.

For the purpose of grading the density of smoke, the Ringelmann Chart, published and used by the United States Bureau of Mines, shall be employed. The emission of smoke or particulate matter of a density greater than No. 2 on the Ringelmann Chart is prohibited at all times except as otherwise provided hereinafter.

The emission from all sources within any lot area of particulate matter containing more than ten (10) percent by weight of particles having a particle diameter larger than forty-four (44) microns is prohibited.

Dust and other types of air pollution, borne by the wind from such sources as storage areas, yards, roads, and the like, within lot boundaries shall be kept to a minimum by appropriate landscaping, paving, oiling, fencing, or other acceptable means. Emission of particulate matter from such sources in excess of the weight limitation hereinafter specified is prohibited.

The emission of more than eight (8) smoke units per hour per stack in the industrial districts is prohibited, including smoke of density in excess of Ringelmann No. 2. However, during one one-hour period in each twenty-four-hour day, each stack may emit up to sixteen (16) smoke units when blowing soot or cleaning fires. Only during fire-cleaning periods, however, shall smoke of Ringelmann No. 3 be permitted, and then for not more than three (3) minutes.

(9)

In the industrial districts, no use shall for any period of time discharge across the boundaries of the lot wherein it is located toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to property or business.

(10)

In the industrial districts, the emission of odorous matter shall be controlled in such a manner as to be at or below the odor threshold value within any part of a residential district.

(11)

The following provisions shall apply to fire and explosive hazards in the industrial districts:

The storage, utilization, or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted.

The storage, utilization, or manufacture of solid materials or products ranging from or active burning to intense burning is permitted, provided the following conditions are met:

Said material or products shall be stored, utilized, or manufactured within completely enclosed buildings or structures having incombustible exterior walls and handled in accordance with the standards and regulations of the Town of Merrillville and the National Fire Protection Association.

All such buildings shall be set back at least forty (40) feet from all lot lines or in lieu thereof, shall be protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the Town of Merrillville and the National Fire Protection Association.

The storage, utilization, or manufacture of flammable liquids or materials which produce flammable or explosive vapors, shall be permitted in accordance with the following limitations, exclusive of storage in underground tanks and exclusive of storage of finished products in original sealed containers:

Said materials or products shall be stored, utilized or manufactured within completely enclosed buildings or structures having incombustible exterior wall and handled in accordance with the standards and regulations of the Town of Merrillville and the National Fire Protection Association.

The capacity of flammable liquids in excess of the following quantities shall not be permitted:

Closed Cup Flash Point	Quantity (gallons)
Less than 24°F	1,000
24°F to less than 105°F	10,000
105°F to less than 187°F	50,000
Total of all flammable liquids permitted	50,000

(12)

Any operation in the industrial districts producing intense glare or heat shall be performed within a completely enclosed building in such a manner as not to create a public nuisance or hazard along lot lines.

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-116 - M-1 limited industrial district—Intent.

The M-1 limited industrial district is established to encourage development of limited manufacturing and processing facilities. These limited uses require access to arterial streets. Permitted uses in this district may have outdoor storage or service areas and may generate heavy traffic, but such operations shall be subject to all performance standards.

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-117. - M-1—Use and development regulations.

(a)

The permitted uses, special exception uses, accessory uses and the temporary uses allowed in the M-1 limited industrial district are listed in section 21-136.

(b)

The area, bulk and height regulations for the M-1 limited industrial district are listed in section 21-137.

(c)

Parking requirements. See Article V.

(d)

Sign regulations. See Article VI.

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-118. - M-2 limited industrial corridor overlay district—Intent.

The M-2 limited industrial corridor overlay district is established to encourage limited, aesthetically pleasing, industrial development along the major corridor routes through industrial areas. The limited industrial uses, the landscaping requirements and the building controls will protect the visual appearance, impression, and feel of industrial developments along major transportation corridors in the Town of Merrillville.

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-119. - M-2—Use and development regulations.

(a)

The permitted uses, special exception uses, accessory uses and the temporary uses allowed in the M-2 limited industrial corridor overlay district are listed in section 21-136.

(b)

The area, bulk and height regulations for the M-2 limited industrial corridor overlay district are listed in section 21-137.

(c)

Parking requirements. See Article V.

(d)

Sign regulations. See Article VI.

(e)

General standards and performance standards. See section 21-115.

(f)

Additional site planning and aesthetic standards:

(1)

Landscaping. All trees on the property that are over one foot in diameter shall be located on the site plan submitted for planning review. Removal of any tree over two (2) feet in diameter without sufficient proof of a disease or other natural damage shall be prohibited. Tree diameter shall be measured two (2) feet above the average grade surrounding the tree.

Street trees are required at one tree per forty (40) feet of street frontage along public streets. Each street tree must be a minimum of a two-inch caliber. Corner lot tree planting shall comply with Figure 14 of this Code.

Tree plantings are required in the front yard and/or side yard parking areas at one tree per five (5) parking spaces. These trees can be incorporated in the interior of the parking facility or along the periphery of the parking lot.

Additional plantings of trees and/or shrubs shall be required at a minimum of five (5) percent of the total land area. These plantings can be incorporated into the other landscaping areas or along the building, but must be located in a required front or side yard.

(2)

Fencing, buffer landscaping. Fencing is required for all loading docks and open storage areas. A minimum six-foot high wood fence is required, however fencing can be as high as eight (8) feet. Also, a wood fence or landscaping is required along all side and rear lot lines adjacent to any residential zoning district. The landscaping shall consist of a continuous screen of plantings. There shall be a ten-foot green area between all buildings, parking, and accessory uses and the lot lines.

(3)

Loading docks, and outside storage. All loading dock facilities required by this chapter shall be located in rear yard areas only. On corner lots the rear yard is opposite the property line which is the shortest distance along a public street. All dock areas and parking areas are to be constructed to Code requirements of Article V.

All outside storage areas are to be enclosed by a wood fence. All stored materials shall not exceed the height of the wood fence installed. All open storage areas to be located in a rear yard only, and storage areas are to be paved with a dustless surfaces.

(4)

Building requirements. All principal buildings shall be of a masonry type of construction material on all walls. Brick, block, decorative block, poured concrete, foam core block, and flexicore are all permitted types of block materials.

Accessory storage buildings can be of metal and/or post-frame construction provided that they are not larger than the principal buildings and they do not exceed twenty (20) feet in height.

(5)

Parking. Parking spaces shall be provided in accordance with the provisions set forth in Article V of this chapter.

(6)

Boundaries. The boundary lines that separates the M-2 district and any other zoning district shall be maintained as a lot line separation. All landscaping, greenspace, and buffer regulations shall apply.

(7)

Street road cuts. Thirty-six (36) feet maximum. Combine use of street road cuts is encouraged, all cuts to be a minimum of two-hundred and fifty (250) feet apart. All cuts to be a minimum of three hundred (300) from the intersection of two (2) streets.

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-125. - PUD permitted use and development standards.

Intent. The planned unit development district is designed to encourage flexibility in the regulation of land development; encourage innovation in land use and variety in design, layout and type of structures; achieve economy and efficiency in the use of land, natural resources, energy and the provision of public services and utilities; encourage preservation and provision of open space; to provide for land use not otherwise specified elsewhere in this chapter; and encourage the use, reuse and improvement of existing sites and buildings when developed in a compatible way with surrounding uses and when the uniform regulations contained in other zoning districts do not provide adequate protections and safeguards for the site or surrounding area.

The PUD district is intended to accommodate developments with mixed or varied uses and sites with unusual topography or unique settings. The beneficial effect for the town (not the developer) shall be one which could not be achieved under any other single zoning district. A PUD district shall not be allowed where this zoning classification is sought primarily to avoid the standards and requirements of other zoning classification rather than to achieve the stated purposes above.

(1)

Primary uses in the PUD district shall be any use or range of uses specified in the ordinance establishing the PUD district and as shown on the approved final PUD plan. Primary uses, by way of example, may include any individual land use or combination of land uses deemed appropriate by the plan commission and town council for the property.

(2)

Accessory uses, home occupations or temporary uses, unless otherwise specified in the ordinance establishing a PUD district, shall be permitted in a manner customarily associated with the primary use specified in the ordinance establishing the PUD district.

(3)

Development standards applicable to a PUD development shall be those standards specified in the ordinance establishing the PUD district and as shown on the approved final PUD plan. Every petition for PUD district shall specify development standards applicable to each permitted use in the development and, at a minimum, shall adopt or include a variation of each development standard that is applicable to each such use in the district in which each such use is first permitted. In any case in which an applicable development standard has not been specified in the petition for PUD district, the development standard shall be that which is specified in the district in which the use is first permitted. If the petitioner does not want an otherwise applicable development standard for any permitted use in the development to be applicable, then the petition for PUD shall contain a statement to such effect.

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-126. - PUD approval procedure.

(a)

The complete review and approval process for a PUD planned unit development consist of three (3) elements:

Conceptual PUD plan design review (optional);

Preliminary PUD plan review; and

Final PUD plan review.

(b)

The community development director shall combine a meeting of the plan commission, petitioner and town staff members to review conceptual PUD plan proposals. In the review process, it may include, but not be limited to the following: terrain, natural features, drainage, pedestrian and vehicle circulation, utilities, lot and building layout, and the relationship of the proposed development to the surrounding properties.

(c)

After completion of the conceptual design review, an application for preliminary PUD plan approval may be filed with the plan commission.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 06-18, § 4, 7-11-06)

Sec. 21-127. - Preliminary PUD plan.

A preliminary PUD plan filed with the plan commission shall satisfy the following requirements:

(1)

Applications for approval of a preliminary PUD plan shall be filed with the plan commission. Said applications shall be upon such forms and contain such information as shall be established from time to time by the plan commission and shall be accompanied by ten (10) copies of the preliminary PUD plan containing all information specified in this division.

(2)

The plan commission shall hold a public hearing on such applications at such time and place as shall be determined by said commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such manner and according to such procedures as the plan commission shall, by rule, prescribe from time to time, provided, however, that all testimony may, at the request of the plan commission, be taken under oath which shall be administered by that member of the plan commission presiding at the hearing.

(3)

Approval of the preliminary PUD plan shall not constitute authority to proceed with construction of any improvements, but rather an approval of the general features of the plan as a basis for preparing the final PUD plan. The preliminary PUD plan shall:

Be drawn to scale.

Show accurate, dimensioned boundaries of property to be developed.

Indicate location, type and size of structures on adjacent properties within two hundred (200) feet of the proposed development.

Show the proposed size, location, use and arrangement of all buildings and structures.

Show the proposed number and arrangement of all off-street parking and loading spaces, trash enclosure location and width of driveways, entrances and exits, and their relationship to existing streets.

Show all areas to be maintained as permanent open space.

Show existing and proposed landscaping, including location and type of plant materials to remain on the site.

Contain a traffic analysis prepared by a registered professional engineer who is skilled in the science of traffic engineering, indicating the estimated traffic to be generated by the complete development of the project with said estimates shown for the average week, twenty-four-hour period, and for the peak morning and evening traffic hours. The impact of this new traffic on existing traffic in the vicinity of the project shall be appraised and a list submitted for new street construction and new traffic control measures required to accommodate the estimated traffic increases.

Provide a tabulation for each proposed use area of land coverage factor; floor area ratio; usable open space ratios; acres of land; and each percentage of total land area.

For all proposed residential use areas, provide a tabulation by use area and dwelling type, estimated population, number of dwelling units, and bedroom ratios.

Show existing and proposed locations for parks, playgrounds, schools, community buildings and other open spaces. Where the plan provides for open space, such space shall not be used for the construction of any building or structure, nor shall such open space ever be computed as part of the required minimum lot size or any required yard of any other building or structure. Tennis courts, roof decks suitably improved, and swimming pools shall also be regarded as open space. Adequate safeguards, including covenants, shall be provided to prevent the subsequent development of such open space and to prevent the future construction of buildings and structures on such open spaces.

Provide for the dedication of any rights-of-way for the widening, extension, or connection of major streets, as shown on the comprehensive plan or as listed in Chapter 19 of this Code.

Show drainage retention facilities and drainage plan with sufficient control grades to indicate the intent of the developer.

Show location of all proposed underground utilities indicating gas, electric transmission and telephone lines, and for water distribution lines, sanitary sewers and storm sewers, indicating invert elevations, pipe size and direction of flow.

Indicate the stages, if any, which will be followed in carrying out construction of the proposed development, and interim use and maintenance of areas not under construction at any given time.

Include a written statement signed by the owner of the property describing the arrangements by which the owner proposes to regulate use of the property and otherwise insure development in accordance with the preliminary plan. This shall include a draft of proposed covenants which include adequate provisions to assure proper maintenance and repair and provisions for maintaining adequate personnel to assure security of all areas and facilities under common ownership, including the payment therefore, and the enforceability thereof, by or on behalf of the town. It also shall include the proposed charter and by-laws of an association, if any, for owners or tenants within the development.

Indicate the preliminary time schedule for development and construction of the project.

Contain the written consent of all property owners within the development filed with the petition before the public hearing on the preliminary PUD plan. The statement will provide that the petitioners agree to be bound by the conditions and regulations proposed and further agree to record and to register such agreements with the Lake County Recorder of Deeds.

(4)

Any petition where action has been deferred or no action taken for more than one year from the original filing date, the petitioner shall have to reapply as a new petition.

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-128. - Final PUD plan and zoning map change approval.

(a)

An application for approval of a final PUD plan and zoning map change shall be filed with the plan commission. Said application shall be upon such form, and contain such information as shall be established from time to time by the plan commission, and shall be accompanied by ten (10) copies of the written text, final PUD plan, zoning map change and zoning plat containing all information specified in this chapter.

(b)

The plan commission shall hold a public hearing on such application at such time and place as shall be determined by said commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the plan commission shall, by rule, prescribe from time to time, provided, however, that all testimony may, at the request of the plan commission, be taken under oath which shall be administered by that member of the plan commission presiding at the hearing.

(c)

The plan commission shall review the text, plan, and plat for its conformance with the preliminary PUD plan as approved, and shall, within ninety (90) days of receipt of the application, make its findings and recommendations to the town council.

(d)

The town council, after receipt of the aforesaid findings and recommendations, shall within ninety (90) days, approve or disapprove the final PUD plan and zoning map change.

(e)

Final approval, valid for one year, shall be secured for each phase, stage or section of the development as delineated on the preliminary PUD plan approved by the plan commission.

(f)

The ordinance approving a final PUD plan and zoning map change shall include the following supporting information:

(1)

A final PUD plan indicating:

Location of all buildings and structures, and any other special facility or feature to be constructed;

Location of all parking and loading spaces, driveways, entrances and exits;

Location of all existing plant materials to be retained and new plant materials, including type and size for new materials;

Location of all common open spaces;

Location of all existing and proposed drainage facilities.

(2)

Engineering plans and specifications for all sanitary sewer, storm sewer and water distribution lines, as well as telephone, gas and electric utility lines.

(3)

Final version of the covenants by which the owner proposes to regulate land and building use, assure adequate maintenance and security and otherwise protect the proposed development, accompanied by the written representation and warranty of the owner of the real property which is the subject of the proposed development, will not sell or otherwise dispose of any interest in said property prior to the filing of record of said covenants in the office of the recorder of deeds in Lake County, Indiana.

(4)

Each easement agreements, if any, as are required or approved by the town council conveying a suitable ownership interest in any parcels within the proposed development which are to be subject to public ownership.

(5)

Final construction schedule, stating the date scheduled for final completion of construction work on all buildings, structures, facilities and features within the proposed development. Construction shall begin within one year after the date of approval of the final PUD plan and zoning map change, and all construction shall be completed within three (3) years after the date of approval of the final PUD plan and zoning map change. With the final PUD plan and zoning map change, the applicant shall file a surety bond or escrow agreement to insure the construction of the site improvements of the project within the period specified. No such bond or escrow shall be acceptable unless it is enforceable by or payable to the town in a sum at least equal to the estimated costs of all of the site improvements applicable (streets, drives, walks, wall, water mains, storm and sanitary sewers, landscape planting, ornamental features not on a building, and terraces) for the entire project, and an amount equal to the completion or removal of any uncompleted buildings. Said bond or escrow shall be in a form and with surety and plans and the approval of the final PUD plan and zoning map change. No building permit or certificate of occupancy shall be issued for any building or use that is not in accordance with an approved final site plan.

(g)

The final ordinance, as approved by the town council, shall incorporate the final site plan and the final land use and zoning plat and shall be filed with the Lake County Recorders' Office. No permit, allowing construction of a building or any other improvements shall be issued until the final land use and zoning plat is recorded. All recording cost shall be paid by the applicant. Any changes to the approved final site plan and plat shall be accompanied by the submission of preliminary plans and final ordinance amendment of such change, which shall be approved under the procedures as set forth herein for the approval of the original preliminary plans and the approval of the original final ordinance. No building permit or certificate of occupancy shall be issued for any building or use that is not in accordance with an approved final site plan.

(h)

Approval of the final PUD plan and zoning map change shall be subject to revocation by the town council, if construction of all improvements is not completed within three (3) years of the date of approval of the final PUD plan and zoning map change. Extensions of the time schedule may be granted by the town council.

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-129. - PUD general requirements and standards.

(a)

A planned unit development shall conform to the following requirements:

(1)

The number of dwelling units erected in a PUD shall not exceed the number permitted by the regulations of the primary district for the area in which the development is located unless density increase is permitted as stipulated under design incentives in section 21-130 of this Code.

(2)

No building is permitted to exceed the height limit of the primary district for the area in which the development is located by more than ten (10) percent.

(3)

If more intensive uses (i.e., uses other than which the general area is zoned, such as C1 commercial district uses in an R2 single-family residential zoned area) are granted as part of a PUD there must be clear evidence that such intensive uses will be beneficial to the area and the project and further provided the plan commission shall find:

That the more intensive uses permitted are necessary or desirable and are appropriate with respect to the primary purpose of the development;

That the more intensive uses permitted are not of such a nature or so located as to exercise a detrimental influence on the development nor on the surrounding neighborhood;

That not more than five (5) percent of the gross land area of such development shall be devoted to the more intensive uses;

That in an industrial PUD development such intensive uses allowed shall conform with the performance standards of the primary district for the area in which the development is located;

That the more intensive uses allowed are recorded on the zoning district maps by appropriate symbols or by reference to documents on file with the community development director;

Where the planned unit development is to be located in a residential area the more intensive uses shall not be allowed unless the size of the planned unit development exceeds twenty-five (25) acres;

That in a combined use planned unit development the commercial buildings may not occupy more than twenty (20) percent of the land area devoted to commercial use.

(4)

The amount of off-street parking must be adequate to serve the needs of the projects and the town council may require more off-street parking than is otherwise required by this chapter.

(5)

If any open space or recreational facility is to be used solely by the residents of the project, unless the development is under single ownership, adequate provisions shall be made for assessments against the property within the project so that such facilities can be properly improved, maintained and operated.

(6)

Underground utilities, including communications and electric systems, are required within the limits of a planned unit development. Appurtenances to these systems, which can be effectively screened, may be excepted from this requirement if the town council finds that such exemption will not violate the intent or character of the planned unit development.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 06-18, § 4, 7-11-06)

Sec. 21-130. - PUD regulations—Residential.

(a)

In the case of residential uses permitted on the approved preliminary PUD plan, the following standards and provisions shall be required.

(1)

A minimum parcel area of twenty-five (25) acres is required in the R1 and R2 density planned unit developments (PUD). A minimum parcel area of ten (10) acres is required in the R3 density planned unit developments (PUD). A minimum parcel area of five (5) acres is required in the R4 and R5 density planned unit developments (PUD). Adjoining dedicated street rights-of-way may not be included for computing total area for qualification.

(2)

The number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per dwelling required by the district or districts in which the proposed PUD is located, except that additional dwelling units may be permitted according to the provisions of paragraph (9) below. Net development area shall be determined by subtracting the area set aside for nonresidential uses from the gross development area and deducting twenty (20) percent of the remainder of the site for streets, regardless of the amount of land actually required for streets. The area of land set aside for common open space, or public or recreational use, shall be included in determining the number of dwelling units permitted.

(3)

The maximum lot coverage of residential buildings shall not exceed thirty (30) percent.

(4)

For residential uses there shall be a maximum floor area ratio of 0.4. The total floor area for residential purposes may be increased by two (2) square feet of additional floor area for every one square foot of open space in excess of twenty-five (25) percent of the total lot area.

(5)

Yards and open spaces adjoining the boundaries of the development shall not be less than the yard requirements of the adjoining residential districts. A landscaped and land-sculptured buffer strip at least ten (10) feet wide shall be provided along all peripheral lot lines. Spacing between principal buildings in the development shall be at least twelve (12) feet and shall be consistent with recognized site planning principles, due consideration being given to the openness normally afforded by intervening streets and alleys. The net building site area for single-family detached dwellings shall not be less than six thousand six hundred (6,600) square feet, except when the housing adjoins permanent open space not less than five thousand (5,000) square feet will be permitted.

(6)

There shall be at least ten (10) percent of the land area in the development provided for park and recreational purposes which shall not be covered by buildings, parking lots, driveways or streets. No more than fifty (50) percent of the useable open space shall be covered by water.

(7)

Sanitary sewer, water, fire hydrants, storm water drainage systems, including all appurtenances thereto, curbs, paving, street lights, pedestrian ways, street signs, and landscaping shall be provided in accordance with Chapter 19 of this Code and the Engineering Standard Booklet.

(8)

The designation of private streets in planned developments shall be subject to the approval of the plan commission and the town council. The design of private streets, including street lights, street signs, and landscaping shall be provided in accordance with the standards and specifications of the Town of Merrillville.

(9)

The number of permitted dwelling units may be increased up to twenty (20) percent of the allowed density providing that the percentage points accumulated for each design item be applied cumulatively and not exceed forty (40) points. The allowed density may be increased by one percent for each two (2) percentage points; however, at least twenty (20) percentage points must be accumulated in order to qualify for any increase in density.

Open space:

Percentage Points
12	Usable open space provided equals twenty-five (25) percent of site area which is not covered by buildings, parking and streets (private or public).
3—15	Dedication or donation of sites for public purposes such as schools, parks and public buildings (but not including streets) with the number of percentage points accumulated to be determined as based on the amount of land donated in proportion to the total size of the development as follows:

Percentage Points	Net Percent of Development Area Donated
3	5
6	10
9	15
12	20
15	25 or more

In the event that thirty (30) acres or more are dedicated for public use, the full fifteen (15) percentage points may be allowed.

Site planning design:

Percentage Points
2	Excellence in use of existing topography and/or land recontouring.
4	Excellence in siting buildings and building groups which may include variations in building setbacks.
2	Provision in design for courtyards, gardens and patios.
1	Proper consideration of sun and wind orientation.
1	Right-of-way provisions for riding, hiking and cycling.

Landscape planting and screening:

Percentage Points
1	Provision of a masonry wall or solid fence five (5) feet high on all peripheral lot lines with a less restricted use.
3	Excellence in quality and amount of standard trees and shrub planting, including peripheral and interior screen planting and fencing.

Facilities and amenities:

Percentage Points
5	Recreational facilities, which may or may not include a golf course, occupying one square foot for every five (5) square feet of residential floor area.
5	Swimming pool (five (5) for each pool not to exceed ten (10)).
1	Tennis courts (one for each court not to exceed five (5)) and playground recreation equipment.
5	Community center building and/or club.
3	Lakes and water features.
1	Provisions for pedestrian facilities such as plazas, trails, bicycle racks, interior sidewalks, benches, etc.
4	Use of sculpture, fountains, reflecting pools and similar features in design.

Traffic and parking:

Percentage Points
5	Provision of fifty (50) percent of all required parking in an enclosed structure or structures.
10	Provision of twenty-five (25) percent of required parking in an underground structure.
2	Parking lot design which includes standard tree and shrub planting.

(10)

Off-street parking spaces shall be provided in accordance with Article V of this chapter.

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-131. - PUD regulations—Commercial and industrial.

(a)

For commercial and industrial uses permitted on the approved preliminary PUD plan, the following standards and provisions shall be required:

(1)

The minimum parcel area for commercial or industrial planned unit developments shall be as follows based on the zoning district in which a majority of the PUD uses are allowed.

C-1	2 acres
C-2	2 acres
C-3	2 acres
C-5	5 acres
M-1	4 acres

Adjoining dedicated right-of-way may not be included for computing total area for qualification.

(2)

The land coverage of all principal and accessory buildings and structures shall not exceed the following requirements of the lot area for the zone districts:

C-1	45%
C-2	50%
C-3	50%
C-5	50%
M-1	70%

Except that the percentage of land coverage may be increased two (2) percent for each ten (10) percent of required off-street parking, which is, located either below grade or in a parking structure, up to a maximum lot coverage as follows:

C-1	N/A
C-2	60%
C-3	65%
C-5	65%
M-1	N/A

(3)

All exterior lighting shall be shaded wherever necessary to avoid illumination of any adjacent property or streets or public rights-of-way.

(4)

Site development for commercial or industrial uses in a PUD shall be in accordance with the following:

An opaque screen shall be installed and maintained along all lot lines, other than streets, abutting areas zoned for residential use. Except as otherwise provided, it shall have a total height of no less than six (6) feet nor more than eight (8) feet. Where there is a difference in elevation on opposite sides of the screen, the height shall be measured from the highest elevation. A screen shall consist of one or more of the following types:

A wall shall consist of decorative brick, stone, tile or similar type of masonry material a minimum of eight (8) inches thick (as provided in section 21-12).

A berm or mound may be banked on both sides, or with one side banked toward the lot line with a retaining wall. A berm shall be not less than twenty (20) feet wide at the base and shall have an undulating contour and shall be sloped for ease of maintenance. It shall be constructed of earthen materials and shall be landscaped. (See Figure 16.)

Plant materials, when used as a screen, shall consist of a mixture of compact evergreen plants, and taller deciduous plants. They shall be of a kind, and used in such a manner, so as to provide screening having a minimum width of three (3) feet within eighteen (18) months after initial installation. Plant materials shall not be limited to a maximum height.

The community development director may require that either items 1. or 2. above shall be installed, if after eighteen (18) months after installation, plant materials have not formed an opaque screen, or if an opaque screen is not maintained.

Landscaping, consisting of standard evergreen and deciduous trees and shrubs in combination with vines and ground cover, shall be installed and maintained according to the following standards:

Boundary landscaping is required for a minimum depth of twenty-five (25) feet from the right-of-way line along all abutting streets or rights-of-way except for the openings and the area within ten (10) feet on either side of the street openings. Within the boundary landscaping area there shall be one standard tree and two (2) standard shrubs for each ten (10) feet of street frontage and to the extent practicable, these shall include any existing standard trees or shrubs within the boundary landscaping area.

An additional landscaped area, equal to at least five (5) percent of the total area of the parcel, is required. Within this area, one standard tree and one standard shrub is required for each five hundred (500) square feet of area to be landscaped.

Within the off-street parking area, planting bays containing one standard tree for each ten (10) parking spaces are required.

Landscaping, consisting of standard evergreen and deciduous trees measuring two and one-half (2½) inches caliper measured one foot above the root ball, and shrubs in combination with vines and ground cover, shall be installed and maintained.

Landscaping along all streets and boundaries shall be limited to a height of not more than two (2) feet within thirty (30) feet of the point of intersection of two (2) or more vehicular traffic ways, driveways or streets. (See Figure 14.)

Underground sprinkling facilities shall be provided for all landscaped areas.

Required landscaping shall be maintained in a neat, clean and healthy condition. This shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and the regular watering of all plants.

Drainage areas can be considered as green space requirements, either wet or dry.

Existing topographic patterns shall be preserved, except where modifications will specifically contribute to increased utility of the site, and/or enhancement of the site.

(5)

Vehicular access shall be provided in conformance with standards and specifications of the Indiana State Highway Commission.

(6)

Off-street parking and loading facilities shall be provided in accordance with Article V of this chapter.

(7)

Sanitary sewer, water, fire hydrants, storm water drainage systems, including all appurtenances thereto, curbs, paving, street lights, pedestrian ways, street signs and landscaping shall be provided in accordance with the standards and specifications of the Town of Merrillville.

(8)

The designation of private streets in planned unit developments shall be subject to the approval of the plan commission and the town council. The design of private streets, including street lights, street signs and landscaping shall be subject to the approval of the town engineer.

(9)

All signs shall conform with the regulations in Article VI of this chapter.

(10)

Yards and open spaces adjoining the boundaries of the development shall not be less than the yard requirements of the adjoining zoning districts.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 06-18, § 4, 7-11-06)

Sec. 21-132. - Approved trees for street planting.

Red Maple	Acer Rubrum
Sugar Maple	Acer Saccharum
Hackberry	Cletis Occidentalis
Marshall's Seedless Ash	Fraxinus Pennsylvanica 'Marshalli'
Ginkgo	Ginkgo Biloba
Moraine Honeylocust	Gleditsia Triocanthos 'Moraine'
Shademaster Honeylocust	Gleditsia Triacanthos 'Skyline'
Skyline Honeylocust	Gleditsia Triacanthos 'Skyline'
Sweetgum	Liquid Ambor Styraciflua
Red Oak	Quercus Borealis
White Oak	Quercus Alba
Pin Oak	Quercus Palustris
Littleleaf Linden	Tilia Cordata
Sycamore	Platanus Occidentalis
Kentucky Coffeetree	Gymocladus Dioicus

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-133. - Trees, landscape plans and requirements.

(a)

Refer to section 19-226 for tree ordinances, landscape plan requirements and landscape standards required for development.

(Ord. No. 10-23, § 3, 6-8-10)

Sec. 21-136. - Use regulations for all districts.

Except as otherwise provided herein, regulations governing the use of land, buildings and structures in each use district are as shown in the schedule of permitted uses contained in this section.

SCHEDULE OF PERMITTED USES

P	=	Permitted Primary Use
S	=	Special Exception Use
A	=	Accessory Use
X	=	Use Not Permitted
*		See Definition

	Districts
Use	A-1	R-1	R-2	R-3	R-4	R-5	C-1	C-2	C-3	C-4E	C-5	M-1	M-2	F	PUD
Accessory apartment* (accessory to a single-family detached dwelling)	S	S	S	S	S	S	X	X	X	X	X	X	X	S	S
Accessory building* (see sections 21-10 and 21-12)	A	A	A	A	A	A	A	A	A	A	A	A	A	A	A
Accessory structure* (see section 21-12)	A	A	A	A	A	A	A	A	A	A	A	A	A	A	A
Accessory use* (see section 21-10)	A	A	A	A	A	A	A	A	A	A	A	A	A	A	A
Adult entertainment businesses* (see section 21-17)	X	X	X	X	X	X	X	X	X	S	X	S	X	X	X
Adult business establishments*(see section 21-17)	X	X	X	X	X	X	X	X	X	S	X	S	X	X	X
Agriculture use* (provided all buildings used for housing farm animals must be at least three hundred (300) feet from all property lines)	P	X	X	X	X	X	X	X	X	X	X	X	X	P	P
Airport*	S	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Amusement establishment as follows:
Indoor: Bowling alleys, pool halls, game arcades, gymnasiums, swimming pools, skating rinks, theaters or uses similar to those listed above as determined by the community development director.	X	X	X	X	X	X	X	S	S	X	X	X	X	X	P
Outdoor: Swimming pools, skateboard and dirtbike tracks, paint ball fields, skeet shooting ranges, drive-in theaters or uses similar to those listed above as determined by the community development director.	X	X	X	X	X	X	X	X	S	X	X	X	X	X	P
Animal hospital*	X	X	X	X	X	X	X	X	S	X	X	P	X	X	P
Art galleries, museums	X	X	X	X	X	X	X	P	P	X	X	X	X	X	P
Automobile service as follows: New automobile and/or truck dealership sales and service.	X	X	X	X	X	X	X	S	P	X	X	P	X	X	S
Automobile, truck, and/or trailer rental services, automobile repair, automobile parts sales, car wash (automatic and self), gasoline service station with or without repair, painting and customizing, RV and camper sales and service, tire and auto service center, auto convenience mart or uses similar to those listed above as determined by the community development director.	X	X	X	X	X	X	X	S	S	X	X	P	X	X	S
Automobile service as follows: Auto, truck, boat, recreational vehicle sales with an open sales lot or uses similar to those listed above as determined by the community development director.	X	X	X	X	X	X	X	X	S	X	X	P	X	X	P
Automobile wrecking yard*	X	X	X	X	X	X	X	X	X	X	X	S	X	X	X
Bed and breakfast*	S	S	S	S	S	S	X	X	X	X	X	X	X	X	P
Boarding house* for three (3) or more persons	X	X	X	X	S	S	X	X	X	X	X	X	X	X	X
Campground*	S	X	X	X	X	X	X	X	X	X	X	X	X	S	P
Car wash*	X	X	X	X	X	X	X	S	S	X	X	S	X	X	P
Cemeteries*/cremetory	S	S	S	S	S	S	X	X	X	X	X	X	X	X	P
Child care ministry* (operated by a religious use)	A	A	A	A	A	A	A	A	A	X	A	X	X	X	A
Child care institution*	S	S	S	S	S	S	S	S	S	X	S	X	X	X	P
Child care home* (Class I, six (6) to twelve (12) children or Class II, twelve (12) to sixteen (16) children)	P	P	P	P	S	S	S	S	S	X	S	X	X	X	P
Child care center* (seventeen (17) or more children)/adult care center	S	S	S	S	S	S	S	S	S	X	S	X	X	X	P
Clinic*	X	X	X	X	X	S	S	P	P	X	P	X	X	X	P
Club*/hall or lodge	S	X	X	X	S	S	X	S	P	X	X	X	X	X	P
Colleges universities, public and private	S	X	X	X	S	S	X	S	S	X	X	X	X	X	P
Community center, public or private	S	S	S	S	S	S	S	P	P	X	X	X	X	X	P
Contractors office with outside storage	X	X	X	X	X	X	X	X	X	X	X	P	X	X	X
Convents, monasteries and seminaries	P	S	S	S	S	S	S	S	X	X	X	X	X	X	P
Dwelling, caretaker*	X	X	X	X	X	X	P	P	P	P	P	P	P	P	P
Dwelling, three-family*	X	X	X	P	P	P	X	X	X	X	X	X	X	X	P
Dwelling, four-family*	X	X	X	P	P	P	X	X	X	X	X	X	X	X	P
Dwelling, manufactured home*	P	P	P	P	P	P	X	X	X	X	X	X	X	X	P
Dwelling, mobile* located in a mobile home park	X	X	X	X	X	S	X	X	X	X	X	X	X	X	P
Dwelling, modular home*	P	P	P	P	P	P	X	X	X	X	X	X	X	X	P
Dwelling, multiple family* (five (5) dwellings or more)	X	X	X	X	P	P	X	X	X	X	X	X	X	X	P
Dwelling, two-family*	X	X	X	P	P	P	X	X	X	X	X	X	X	X	P
Dwelling, single-family*	P	P	P	P	P	P	X	X	X	X	X	X	X	X	P
Efficiency dwelling unit*	X	X	X	P	P	P	X	X	X	X	X	X	X	X	P
Entertainment/performance excluding adult entertainment	X	X	X	X	X	X	X	S	S	P	X	X	X	X	X
Entertainment/performances* (see adult entertainment section 21-17)	X	X	X	X	X	X	X	X	S	P	X	X	X	X	X
Essential services*	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
Essential services* accessory buildings	S	S	S	S	S	S	S	S	S	S	S	S	S	S	P
Farms and farm buildings* (provided all buildings used for housing farm animals must be at least three hundred (300) feet from all property lines).	P	X	X	X	X	X	X	X	X	X	X	X	X	X	P
Food sales and service as follows: Bakery, candy store dairy, delicatessen, grocery, convenience store, meat market, carry out food only, or uses similar to those listed above as determined by the community development director.	X	X	X	X	X	X	P	P	P	X	X	X	X	X	P
Food sales and service as follows: Restaurant, drive-in restaurant or drive thru restaurant, or uses similar to those listed above as determined by the community development director.	X	X	X	X	X	X	S	S	S	S	X	X	X	X	P
Funeral parlor/crematory	X	X	X	X	X	X	X	S	S	X	X	S	X	X	P
Gaming facility/off track betting	X	X	X	X	X	X	X	S	S	S	X	X	X	X	X
Garage sale* (see section 21-16)	A	A	A	A	A	A	X	X	X	X	X	X	X	A	A
Garage, private* (see section 21-77)	A	A	A	A	A	A	S	P	P	X	X	X	X	A	A
Group home* (up to ten (10) individuals)	S	S	S	X	X	X	X	X	X	X	X	X	X	X	P
Golf course	P	S	S	S	S	S	X	X	X	X	X	X	X	S	P
Home day care center* (five (5) or less children)	A	A	A	A	A	A	X	X	X	X	X	X	X	X	A
Home occupation* (see section 21-76)	A	A	A	A	A	A	X	X	X	X	X	X	X	X	A
Hospital, sanitarium, sanatorium or preventorium*	S	S	S	S	S	S	X	S	S	X	P	X	X	X	P
Hotel*	X	X	X	X	X	X	X	P	P	X	X	X	X	X	P
Junk yard*/recycling center	X	X	X	X	X	X	X	X	X	X	X	S	X	X	X
Kennel*	S	X	X	X	X	X	X	X	S	X	X	S	X	X	X
Land excavation	S	X	X	X	X	X	X	X	X	X	X	S	X	X	X
Laundromat/dry cleaning with attendant on duty at all times during business hours	X	X	X	X	X	X	P	P	P	X	X	X	X	X	P
Liquor store*	X	X	X	X	X	X	S	P	P	P	X	X	X	X	P
Manufacture, assembly or repair of: Appliances, bottling of beverages or food, cloth products, electrical equipment and components, jewelry, leather, mattresses, medicine, musical instruments, office equipment and machinery, optical goods, paper and paper products, pharmaceutical products, phonograph records and compact discs, tools and implements, toys or uses similar to those listed above as determined by the community development director.	X	X	X	X	X	X	X	X	X	X	X	P	P	X	P
Mobile food vendors	X	X	X	X	X	X	A	A	A	A	X	X	X	X	A-C
Mobile home parks* see Chapter 11 Mobile Homes and Mobile Home Parks	X	X	X	X	X	S	X	X	X	X	X	X	X	X	P
Motel*	X	X	X	X	X	X	X	P	P	X	X	X	X	X	P
Motor freight terminal*	X	X	X	X	X	X	X	X	X	X	X	S	S	X	X
Nursery*	P	S	S	X	X	X	X	P	P	X	X	P	X	X	P
Nursing home or assisted living facility*	X	X	X	S	S	S	S	S	S	X	X	X	X	X	P
Offices (business or professional) as follows: Architect, artist, attorney, bank machines, bank/savings & loan, credit union, clinic*, dentist, design services, engineer, insurance agent, medical and dental laboratories, massage therapy, musician, optometrists, other professionals, physician, pharmacist, photographic studio, real estate, service organization, travel agency, or uses similar to those listed above as determined by the zoning director.	X	X	X	X	X	S	P	P	P	X	P	P	X	X	X
Parking lots* and structures (see section 21-172)	A	A	A	A	A	A	A	A	A	A	A	A	A	A	A
Parks and playgrounds publicly owned and operated	P	P	P	P	P	P	X	X	X	X	X	X	X	P	P
Parks and playgrounds privately owned and operated	S	S	S	S	S	S	X	X	X	X	X	X	X	S	P
Personal services as follows: Barber shop, beauty shop; health spa, nail salon, tanning salon or uses similar to those listed above as determined by the community development director.	X	X	X	X	X	X	P	P	P	P	X	X	X	X	P
Personal services as follows: Body painting, body piercing or tattoo shop, or uses similar to those listed above as determined by the zoning director	X	X	X	X	X	X	X	X	S	X	X	X	X	X	S
Personal storage building*	X	X	X	X	X	X	X	X	X	X	X	P	S	X	P
Pole building*	P	X	X	X	X	X	X	X	X	X	X	P	X	P	P
Produce stands for sale of products raised on the premises	A	X	X	X	X	X	X	X	X	X	X	X	X	A	X
Public buildings for governmental functions	S	S	S	S	S	S	P	P	P	S	S	S	S	S	P
Public transportation facilities	X	X	X	X	X	X	X	S	S	X	X	P	X	X	X
Recording studio	X	X	X	X	X	X	X	S	P	X	X	X	X	X	X
Religious use*	P	S	S	S	S	S	S	S	S	X	X	X	X	X	P
Rental office for residential developments	X	X	X	A	A	A	X	X	X	X	X	X	X	X	A
Research laboratory*	X	X	X	X	X	X	X	S	S	X	P	P	S	X	P
Residential facility for the developmentally disabled*	P	P	P	P	P	P	X	X	X	X	X	X	X	X	P
Residential facility for the mentally ill* if located more than three thousand (3,000) feet from another residential facility for the mentally ill as measured between lot lines.	P	P	P	P	P	P	X	X	X	X	X	X	X	X	P
Retail sales stores and shops as follows: Apparel, antiques, art supplies, bakery, bicycle, books, camera and photographic, carpet, china and glassware, coins and philatelic, computers, convenience items, drug and pharmaceutical, electronic equipment, fireworks sales within a permanent building, floral, home appliances, household furniture, garden supply, gifts, hardware, hobby, interior decorating, jewelry, locksmith, millinery, musical instruments, newsdealer, office supply, paint and wallpaper, pawn shops, printing/copier shops, sporting goods, stationery, or uses similar to those listed above as determined by the community development director.	X	X	X	X	X	X	P	P	P	X	X	X	X	X	P
Schools, commercial or trade	S	X	X	X	S	S	X	S	S	X	X	S	S	X	P
Schools, public or private with or without boarding	P	S	S	S	S	S	X	S	S	X	X	S	S	X	P
Stables for quartering or renting of horses, provided all buildings used for housing animals must be at least three hundred (300) feet from all property lines.	S	X	X	X	X	X	X	X	X	X	X	X	X	S	S
Telecommunications tower fifty (50) to one hundred ninety-nine (199) feet high (see section 21-18)	S	X	X	X	X	X	X	X	S	S	X	P	S	X	X
Tavern*	X	X	X	X	X	X	S	P	P	P	X	X	X	X	P
With live entertainment or food service	X	X	X	X	X	X	S	S	S	S	X	X	X	X	P
Temporary uses, structures and buildings* (see section 21-16)	A	A	A	A	A	A	A	A	A	A	A	A	A	A	A
Transportation facility, public including terminals, parking areas and service buildings	X	X	X	X	X	X	X	X	S	X	X	P	X	X	X
Used car lot not with new dealership	X	X	X	X	X	X	X	S	S	X	X	X	X	X	X
Warehouse*	X	X	X	X	X	X	X	X	X	X	X	P	P	X	P
NOTE: PUD permitted uses must be approved as part of a final PUD plan.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 06-18, § 4, 7-11-06; Ord. No. 07-58, 1-8-08; Ord. No. 12-38, § 2, 8-14-12)

Sec. 21-137. - Area, bulk, height and placement regulations for all districts.

Except as otherwise provided herein, regulations governing area, bulk, height and placement are as shown in the schedule of permitted uses contained in this section.

SCHEDULE OF AREA, BULK, HEIGHT AND PLACEMENT REGULATIONS

Regulations	A-1	R-1	R-2	R-3	R-4	R-5	C-1	C-2	C-3	C-4E	C-5	M-1	M-2	F	PUD
Minimum Lot Area (sq. ft.)	10 Ac.	15,000	10,000	See Sec. 21-83	See Sec. 21-84	See Sec. 21-85	10,000	10,000	10,000	10,000	10,000	1 Ac.	2.5 Ac.	15,000	See Secs. 21-130 & 21-131
Minimum Lot Area Per Dwelling	10 Ac.						—	—	—	—	—	—	—	10,000
Single-Family	—	15,000	10,000	10,000	10,000	10,000
2-Family	—	—	—	6,000	6,000	6,000
3- and 4-Family	—	—	—	4,500	4,500	4,500
Multiple-Family	—	—	—	—	4,300	3,900
Other Permitted Use	2 Ac.	15,000	10,000	10,000	10,000	10,000
Minimum Lot Width (ft.)	300	100	80	80	100	100	100	100	100	100	100	100	300	100
Maximum Floor Area Ratio	N/A	0.6	0.6	0.6	0.6	0.6	0.8	1.3	2.0	1.3	0.8	1.0	0.5	0.6
Maximum Height (ft.)	35	35	35	35	40	40	30	50	70	30	120	30	65	35
Required Yard Setback Minimum in Feet—See Thoroughfare Plan Section 19-224
Front (3)*	40	30	30	30	30	30	30	60	60	60	40	40	60	30
Sides (each)	25	10	6	6	15	15	10	10	10	25	25	20	30	10
Rear	40	40	30	30	40	40	20	20	20	40	40	20	30	40
Minimum Floor Area for Dwellings (sq. ft.)
Single-Family	1,500	1,500	1,200	1,200	1,000	1,000	—	—	—	—	—	—	—	1,500	1,000
2-Family	—	—	—	850	850	850	—	—	—	—	—	—	—	—	850
3-Family	—	—	—	750	750	750	—	—	—	—	—	—	—	—	750
4-Family	—	—	—	750	750	750	—	—	—	—	—	—	—	—	750
Minimum Floor Area for Dwellings (sq. ft.) — Multiple-Family
One Bedroom	—	—	—	—	750	750	—	—	—	—	—	—	—	—	750
Two Bedroom	—	—	—	—	800	800	—	—	—	—	—	—	—	—	800
Efficiency/Studio	—	—	—	—	650	650	—	—	—	—	—	—	—	—	650
Notes							(1)*								(2)*

NOTES:
(1)*	Each business establishment is restricted to no more than five thousand (5,000) square feet of floor area.
(2)*	See sections 21-126 through 21-131 for planned unit development regulations.
(3)*	See section 19-224 of the subdivision regulations.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 05-08, 4-12-05)

Merrillville City Zoning Code

ARTICLE III

DISTRICTS

Sec. 21-61. - Zoning districts generally.

(a)

In order to carry out the purposes and provisions of this chapter, the Town of Merrillville is hereby divided into the following districts:

(1)

Floodplain district.

(2)

Agricultural district.

(3)

Residential districts:

R-1 single-family residence.

R-2 single-family residence.

R-3 two-family residence.

R-4 low density multiple-family residence (maximum seven (7) units per acre).

R-5 medium density multiple-family residence (maximum eleven (11) units per acre).

(4)

Commercial and office districts:

C-1 neighborhood commercial.

C-2 community commercial.

C-3 highway commercial.

C-4E commercial entertainment.

C-5 office and research.

(5)

Industrial districts:

M-1 limited industrial.

M-2 limited industrial corridor overlay.

(6)

Planned unit development district.

(7)

Greenbelt district.

(8)

C/IS commercial/industrial special district.

(b)

(c)

When uncertainty exists with respect to the boundaries of the various districts, as shown on the zoning district map, the following rules shall apply:

(1)

District boundary lines are either the center lines of railroads, highways, streets, alleys or easements, tract or lot lines, or such lines extended unless otherwise indicated.

(2)

(3)

(d)

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 05-08, 4-12-05)

Sec. 21-62. - Floodplain district.

(a)

(1)

(2)

When the proposed use is allowable hereunder in any other zoning district, the following uses and types of activities are permitted in the designated floodplain.

Outdoor recreational uses.

Public rights-of-way, private drives, and parking lots.

Commercial buildings in the commercial districts where the minimum floor elevation is not less than two (2) feet above the one hundred-year flood level.

Any structure, filling, excavating, or any change in the natural grade of any property requires a permit, and shall not be detrimental to other properties or the characteristics of the floodplain.

(3)

(Ord. No. 02-03, § 1, 2-12-02)

Cross reference— Flood hazard areas, § 7-16 et seq.; subdivision of land in floodplain areas, § 19-7.

Sec. 21-71. - A-1 agricultural district—Intent.

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-72. - A-1—Use and development regulations.

(a)

The permitted uses, special exception uses, accessory uses and the temporary uses allowed in the A-1 agricultural district are listed in section 21-136.

(b)

The area, bulk and height regulations for the A-1 agricultural district are listed in section 21-137.

(c)

Parking requirements. See Article V.

(d)

Sign regulations. See Article VI.

(e)

All buildings used for housing of animals must be at least three hundred (300) feet from all property lines.

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-76. - Home occupations.

(a)

(1)

By way of example, the following uses, when conducted in compliance with the conditions set forth in this section, qualify as permitted home occupations:

Art studio.

Barbershop or beauty parlor, one chair only.

Dressmaking or tailoring.

Tutoring or teaching, including musical instruments or dancing but limited to one pupil at a time.

Child care home.

No more than five (5) children and where no overnight stays are provided.

Craft creation assembly where items produced in their home are sold elsewhere.

The selling or otherwise disposing of agricultural products produced on the premises in A-1 zone only.

(2)

The operation of any wholesale or retail business unless conducted entirely by mail, and does not involve the sale, receipt, or delivery of merchandise on the premises.

Any manufacturing or processing of goods, materials or products.

A repair shop or service establishment of any kind operating on or from the premises, such as repair or painting of vehicles, boats or trailers.

Dental or medical offices or clinics, veterinary clinic, kennel or stables.

Any use not in compliance with the intent and conditions set forth in this section.

(3)

Home occupations shall conform to the following standards and conditions:

Permitted home occupations shall not include the employment of any persons in addition to the homeowner and members of the family that reside in the home.

The home occupation shall be conducted wholly within the enclosed living area of the residence or attached garage but not in any other accessory or detached structure.

No exterior storage of equipment, materials or supplies used in conjunction with home occupation is allowed.

There shall be no additional or separate entrance to the dwelling for the purpose of conducting the home occupation.

There shall be no internal or external alterations, construction features, or use of electrical or mechanical equipment, which would change the fire rating of the structure.

(4)

Home occupation permit required. Violations and penalties.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 03-11, § 1, 4-8-03; Ord. No. 06-18, § 4, 7-11-06; Ord. No. 17-09, 6-27-17)

Sec. 21-77. - General standards for residential zones.

(a)

The following general standards, conditions and provisions shall apply to all residential zones:

(1)

(2)

(3)

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 05-08, 4-12-05)

Sec. 21-83. - R-3—Use and development regulations.

(a)

The permitted uses, special exception uses, accessory uses and the temporary uses allowed in the R-3 two-family residential district are listed in section 21-136.

(b)

The area, bulk and height restrictions for the R-3 two-family residential district are listed in section 21-137.

(c)

The minimum lot area and residence size as follows:

(1)

(2)

For other uses, as required for the R-2 district.

(3)

The square foot living space per each individual living unit would be a minimum of one thousand two hundred (1,200) square feet.

(4)

The side yards shall be a minimum of six (6) feet each.

(d)

Parking requirements. See Article V.

(e)

Sign regulations. See Article VI.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 05-08, 4-12-05)

Sec. 21-84. - R-4 three- to four-family residential district—Intent.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 05-08, 4-12-05)

Sec. 21-85. - R-4—Use and development regulations.

(a)

The permitted uses, special exception uses, accessory uses and the temporary uses allowed in the R-4 three- to four-family residential districts are listed in section 21-136.

(b)

The area, bulk and height regulations for the R-4 three- to four-family residential districts are listed in section 21-137.

(c)

The minimum lot area and residence size are as follows:

(1)

For three- and four-family detached dwellings, four thousand five hundred (4,500) square feet per dwelling unit. (Eighteen thousand (18,000) square foot minimum per four plex).

(2)

The living space in any living unit shall not be less than one thousand one hundred (1,100) square feet.

(3)

For other uses as provided for the R-3 district.

(d)

Parking requirements. See Article V.

(e)

Sign regulations. See Article VI.

(f)

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 05-08, 4-12-05)

Sec. 21-86. - R-5 multiple-family residential district—Intent.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 05-08, 4-12-05)

Sec. 21-87. - R-5—Use and development regulations.

(a)

The permitted uses, special exception uses, accessory uses and the temporary uses allowed in the R-5 multiple-family residential district are listed in section 21-136.

(b)

(c)

The minimum lot area per dwelling unit shall be three thousand nine hundred (3,900) square feet.

(d)

For minimum uses as provided for the R-4 district.

(e)

The floor area ratio for nonresidential permitted uses and special exception shall be provided for the R-4 district.

(f)

Parking requirements. See Article V.

(g)

Sign regulations. See Article VI.

(h)

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 05-08, 4-12-05)

Sec. 21-96. - Generally.

The following provisions shall apply to all commercial districts:

(1)

(2)

Goods sold shall consist primarily of new merchandise, and any goods produced on the premises shall be sold at retail on the premises unless otherwise permitted herein for specified uses.

(3)

(4)

(5)

(a)

The permitted uses, special exception uses, accessory uses and the temporary uses allowed in the C-5 office research district are listed in section 21-136.

(b)

The area, bulk and height regulations for the C-5 office research district are listed in section 21-137.

(c)

Parking requirements. See Article V. The following additional parking requirements shall apply to the C5 office research district.

(1)

No facilities for parking of vehicles shall be situated in any area within thirty (30) feet of any public street unless each of the following conditions are met.

(2)

(d)

Sign regulations. See Article VI.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 06-18, § 4, 7-11-06)

Sec. 21-107. - C/I-S commercial/industrial special district.

(a)

(b)

Minimum area, procedures and tentative land use plan.

(1)

Minimum land area: The minimum land area for the designation of an individual C/I-S district shall be one hundred (100) acres.

(2)

Procedures: The approval process for development within the C/I-S district shall be as follows:

Rezone: Filing for and obtaining approval of a rezoning of real property to the C/I-S district.

Platting:

Preliminary plat approval shall in conformance with Chapter 19, Subdivisions, of the Municipal Code of Merrillville, Indiana.

Final plat approval shall be in conformance with the plat committee process of Chapter 19, Subdivisions, of the Municipal Code of Merrillville, Indiana.

Permits: Application for and issuance of improvement location permits in accordance with the section 21-45, improvement location permits.

(3)

(4)

(c)

(1)

Any C-1 neighborhood commercial uses.

(2)

Any C-2 community commercial uses.

(3)

Any C-5 office research uses.

(4)

Any M-1 limited industrial uses, except the following items:

Automobile and/or truck repair; auto and/or truck parts sales; auto and/or truck painting; auto and/or truck customizing; auto and/or truck used vehicle sales.

Pole buildings.

Transportation facilities such as truck transfer stations; truck stops; truck washes, and truck terminals (this provision does not limit distribution warehouses).

Manufacturing of food and beverages, leather goods; paper and paper products (this provision does not limit blending, assembly or packaging of items or materials).

Junk yards, wrecking yards, recycling centers and the like.

(5)

Any other individual or combination of commercial or industrial land uses deemed appropriate by the plan commission and the town council for the property.

(d)

(1)

(2)

(3)

Overall perimeter yard and setback requirements.

Front yard and setback measured from the front lot line abutting a perimeter street for the overall C/I-S district:

Interstate highway, primary arterial—Limited access, primary arterial or secondary arterial—Sixty (60) feet.

Collector or local—Forty (40) feet.

Side yard and setback measured from a side lot line—Thirty (30) feet.

Rear yard and setback measured from a rear lot line—Thirty (30) feet.

(4)

Use of overall perimeter yards. All overall perimeter yards shall be maintained as a landscaped yard area free from buildings or structures unless specifically authorized below:

Front yards—May included signs, entrance drives, drainage features and utilities.

Side and rear yards—May include drives connecting to adjoining parcels, drainage features and utilities.

(5)

Overall perimeter landscaping requirements.

Side and rear yards abutting a residential district—Landscaping along all side and rear lot lines abutting a residential districts shall consist of:

a continuous screen of evergreen plantings, minimum size of six (6) feet tall at the time of planting, spaced a maximum of twelve and one-half (12.5) feet on center; or,

located within a yard area measuring not less than ten (10) feet in depth between all buildings, parking and accessory uses and the side or rear lot lines.

Water features—Water features may be incorporated into any front, side or rear yard landscape requirement.

Alternate plans—An alternate plan for the overall perimeter landscaping requirements may be considered as a waiver.

(6)

Overall project signs. Overall project signs shall provide identification to the entire C/I-S district as a unit and not to any individual use or occupant with the C/I-S district.

Project ground signs.

Entry walls—One ground sign may be incorporated into an entry wall treatment located on each side of any shared street road cut into the C/I-S district.

Setback—All portions of such entry wall shall be setback a minimum of ten (10) feet from any public right-of-way.

Separation—No freestanding sign for any individual use or lot within the C/I-S district shall be located within fifty (50) feet of a project ground sign.

Project pylon signs.

Number—One pylon sign shall be permitted for each one thousand (1,000) foot increment, or portion thereof, of street frontage of a C/I-S district along an individual perimeter street.

Height and area—Each pylon sign may be up to twenty-five (25) feet in height and may contain up to three hundred (300) square feet in sign surface area.

Setback—All pylon signs shall be setback a minimum of ten (10) feet from any public right-of-way.

Separation—No freestanding sign for any individual use or lot within the C/I-S district shall be located within two hundred (200) feet of a project pylon sign.

Separation—No project pylon sign within the C/I-S district shall be located within one hundred (100) feet of a project ground sign.

(e)

(1)

Lot area—Ten thousand (10,000) square feet.

(2)

Lot width—One hundred (100) feet.

(3)

Minimum yard and setback requirements.

Front yard and setback measured from the front lot line:

Primary arterial or secondary arterial—Sixty (60) feet.

Local or collector—Forty (40) feet.

Side yard and setback measured from a side lot line—Twenty-five (25) feet.

Rear yard and setback measured from a rear lot line—Twenty-five (25) feet.

(4)

Maximum floor area ratio—0.8.

(5)

Use of required yards—Shall subject to the provisions of section 21-12 and the following additional regulations:

Front—May include driveways, signs and off-street parking areas provided such parking areas are located no closer than twenty (20) feet to a front lot line.

Side and rear yards—May include signs and interior access driveways.

(6)

Maximum building height—One hundred twenty (120) feet above grade.

(7)

Off-street parking—See section 21-172, off-street parking.

(8)

Off-street loading—In addition to the provisions of section 21-171, off-street loading, off-street loading areas shall be oriented to the side or rear facade of the building served.

(9)

(10)

Individual office/research parcel landscaping regulations.

Individual perimeter yard requirements.

Foundation plantings.

Foundation landscaping shall be applicable to all front, side and rear elevations of a new building or building addition.

Foundation landscaping shall be provided at a rate of:

One shade tree for every forty (40) feet of width of the applicable elevation;

ii.

One ornamental tree or one evergreen tree for every twenty-five (35) feet of width of the applicable elevation; or

iii.

Ten (10) hedge plants or shrubs for every forty (40) feet of width of the applicable elevation.

iv.

The above rates of foundation landscaping may be combined or pro-rated, as necessary, based upon the length of the applicable elevation.

Relationship to buildings—Foundation landscaping areas shall be located adjacent to the building.

Hedge plants or shrubs in combination with: an ornamental or decorative fence; a masonry wall; or, an earthen berm, provided that:

ii.

The earthen berm is not less than twenty-four (24) inches in height nor more than thirty-six (36) inches in height.

Water features. Water features may be incorporated into any front, side or rear yard landscape requirement.

Alternate plans. An alternate plan for the individual office/research parcel landscaping regulations may be considered as a waiver.

(11)

Individual office/research parcel lighting requirements. See section 21-20, lighting standards.

(12)

Individual office/research parcel sign regulations.

Freestanding ground signs.

Separation—No individual ground sign shall be located within fifty (50) feet of a project ground sign or two hundred (200) feet of a project pylon sign.

Traffic or direction signs—As regulated in section 21-192.

(f)

(1)

Lot area—Ten thousand (10,000) square feet.

(2)

Lot width—One hundred (100) [feet].

(3)

Minimum yard and setback requirements.

Front yard and setback measured from the front lot line:

Primary arterial or secondary arterial—Sixty (60) feet;

Local or collector—Forty (40) feet.

Side yard and setback measured from a side lot line—Ten (10) feet.

Rear yard and setback measured from a rear lot line—Ten (10) feet.

(4)

Maximum floor area ratio—1.3.

(5)

Use of required yards—Shall subject to the provisions of section 21-12 and the following additional regulations:

Front—May include driveways, signs and off-street parking areas provided such parking areas are located no closer than ten (10) feet to a front lot line.

Side and rear yards—May include signs, off-street parking, interior access drive, interior access driveways.

(6)

Maximum building height—Fifty (50) feet above grade.

(7)

Off-street parking—See section 21-172, off-street parking.

(8)

Off-street loading—In addition to the provisions of section 21-171, Off-street loading, off-street loading areas shall be oriented to the side or rear facade of the building served.

(9)

Outdoor seating for restaurants:

Shall not be located between a building line and an abutting residential zoning line;

Shall not be located in any required yard or any street right-of-way;

Shall be located adjacent to the business' tenant bay or storefront;

Shall not exceed ten (10) percent of the gross floor area of the restaurant;

Shall not block an entrance or exit to or from the business or building; and

Vending machines:

Shall abut the exterior wall of the building; and

Shall not be located in any required yard.

Outdoor display or sales of merchandise:

Shall be accessory to the primary use;

Shall not exceed the lesser of: Ten (10) percent of the gross floor area; or twenty thousand (20,000) square feet, for each non-related and separately operated use;

Shall not be located in a required yard;

Shall be located so as to maintain a minimum usable width of four (4) feet for any sidewalks, walkways, pedestrian ways, entrances or exits to or from the business or building; and,

(10)

Individual retail commercial parcel landscaping regulations.

Individual perimeter yard requirements.

Foundation plantings.

Foundation landscaping shall be applicable to all front elevations of a new building or building addition.

Foundation landscaping shall be provided at a rate of:

One shade tree for every fifty (50) feet of width of the applicable elevation;

ii.

One ornamental tree or one evergreen tree for every thirty-five (35) feet of width of the applicable elevation; or,

iii.

Ten (10) hedge plants or shrubs for every fifty (50) feet of width of the applicable elevation.

iv.

The above rates of foundation landscaping may be combined or pro-rated, as necessary, based upon the length of the applicable elevation.

Hedge plants or shrubs in combination with: an ornamental or decorative fence; a masonry wall; or, an earthen berm, provided that:

ii.

The earthen berm is not less than twenty-four (24) inches in height nor more than thirty-six (36) inches in height.

Water features. Water features may be incorporated into any front, side or rear yard landscape requirement.

Alternate plans. An alternate plan for the individual retail commercial parcel landscaping regulations may be considered as a waiver.

(11)

Individual retail commercial parcel lighting requirements. See section 21-20, lighting standards.

(12)

Individual retail commercial parcel sign regulations.

Freestanding pylon signs. Individual commercial sites shall qualify for the following freestanding signs:

Number—One pylon sign per street frontage.

Height and area—Pylon signs shall not exceed two hundred (200) square feet in sign surface area or twenty (20) feet in height above grade.

Setback—Minimum setback shall be ten (10) feet from any right-of-way.

Separation—No pylon sign shall be located within fifty (50) feet of a project ground sign or two hundred (200) feet of a project pylon sign.

Facade signs. The total sign surface area of all building identification signs oriented to an individual facade shall not exceed:

Front facade—Ten (10) percent of the total area of the front facade of the structure or tenant space;

Side and rear facade—Five (5) percent of the total area of the side or rear facade of the structure or tenant space; and

The linear measurement of a building identification sign shall not exceed eighty (80) percent of the linear width of the facade of the structure or tenant space on which the sign is located.

Marquee or canopy signs—As regulated in section 21-192.

Traffic or direction signs—As regulated in section 21-192.

Automobile gasoline station with convenience store accessory signs—As regulated in section 21-192.

(g)

(1)

Generally—In addition to the regulations contained in section 21-96, the provisions of section 21-115 shall also apply to any lot containing and industrial land use.

(2)

Lot area—Two and five-tenths (2.5) acres.

(3)

Lot width—Three hundred (300) feet.

(4)

Minimum yard and setback requirements.

Front yard and setback measured from the front lot line:

Primary arterial or secondary arterial—Sixty (60) feet;

Local or collector—Forty (40) feet.

Side yard and setback measured from a side lot line—Twenty (20) feet.

Rear yard and setback measured from a rear lot line—Twenty (20) feet.

(5)

Maximum floor area ratio—1.0.

(6)

Use of required yards—Shall subject to the provisions of section 21-12 and the following additional regulations:

Front—May include driveways, signs and off-street parking areas provided such parking areas are located no closer than twenty (20) feet to a front lot line.

Side and rear yards — May include signs, off-street parking, interior access drive, interior access driveways.

(7)

Maximum building height—Sixty-five (65) feet.

(8)

Off-street parking—See section 21-172, off-street parking.

(9)

(10)

Outdoor operations.

Operations. All operations, servicing and processing (except outdoor storage, off-street parking and off-street loading) shall be conducted within completely enclosed buildings.

Storage. All storage of materials or products shall be either:

Within completely enclosed buildings; or,

Within a defined storage area in compliance with the following:

Location of outdoor storage:

(a)

Along an interstate highway, primary arterial—Limited access, primary arterial or secondary arterial—Shall not be located within a minimum front yard; and

(b)

Along a collector or local street—Shall not be located between the front lot line and the established front building line.

ii.

Screening—Outdoor storage areas shall be screened from view from all adjacent public streets lines by:

(a)

Buildings; or,

(b)

Height of fence—The height above grade of said fence shall be at least six (6) feet and shall not exceed twelve (12) feet.

Height of outdoor storage—Outdoor storage of materials or products shall not exceed the height of the fence.

Surface of outdoor storage area—All outdoor storage areas shall be surfaced with a durable, dust-free surface of concrete or asphalt surface.

Amount of outdoor storage.

The total area devoted to outdoor storage shall not exceed twenty (20) percent of the gross floor area of all buildings on the lot.

(11)

Individual industrial parcel landscaping regulations.

Individual perimeter yard requirements.

Foundation plantings.

Foundation landscaping shall be applicable to all front elevations of a new building or building addition.

Foundation landscaping shall be provided at a rate of:

One shade tree for every sixty (60) feet of width of the applicable elevation;

ii.

One ornamental tree or one evergreen tree for every forty (40) feet of width of the applicable elevation; or

iii.

Ten (10) hedge plants or shrubs for every sixty (60) feet of width of the applicable elevation.

iv.

The above rates of foundation landscaping may be combined or pro-rated, as necessary, based upon the length of the applicable elevation.

Relationship to buildings—Foundation landscaping areas shall be located adjacent to the building.

Hedge plants or shrubs in combination with: an ornamental or decorative fence; a masonry wall; or an earthen berm, provided that:

ii.

The earthen berm is not less than twenty-four (24) inches in height nor more than thirty-six (36) inches in height.

Water features. Water features may be incorporated into any front, side or rear yard landscape requirement.

Alternate plans. An alternate plan for the individual industrial parcel landscaping regulations may be considered as a waiver.

(12)

Individual industrial parcel lighting requirements. See section 21-20, lighting standards.

(13)

Individual industrial parcel sign regulations.

Freestanding pylon signs. Individual commercial sits shall qualify for the following freestanding signs:

Number—One pylon sign per street frontage.

Height and area—Pylon signs shall not exceed two hundred (200) square feet in sign surface area or twenty (20) feet in height above grade.

Setback—Minimum setback shall be ten (10) feet from any right-of-way.

Separation—No pylon sign shall be located within fifty (50) feet of a project ground sign or two-hundred (200) feet of a project pylon sign.

Traffic or direction signs. As regulated in section 21-192.

(h)

(1)

(2)

Specification of development requirements which may be waived—The plat committee may grant a waiver of only those development requirements which specify that an alternate plan may be approved.

(3)

Findings of fact regarding waiver requests—A waiver may only be approved upon finding that the proposed alternate plan:

Represents a innovative use of site design features or landscaping which will enhance the use or value of area properties;

Is consistent with and compatible with other development located within the C/I-S district; and

Is consistent with the intent and purpose of this chapter.

(4)

(5)

(6)

Form of filing—All applications shall be on forms a provided or prescribed by the community development director.

Overall plan.

Site plan.

Landscape plan.

Lighting plan.

Sign plan.

Building elevations.

Fees—The fees for the review of an alternate plan shall be the same as the fees applicable to the final approval of a planned unit development.

Notice—Alternate plans shall be approved by the plat committee at a public meeting without notice to adjoining property owners.

Appeal—Any decision of the community development director regarding a minor amendment of an alternate plan may be appealed by any interested party as follows:

An appeal of the interpretation of a development standard incorporated by reference into the C/I-S district shall be to the board of zoning appeals;

An appeal of the interpretation of a development requirement specified in this section shall be to the plan commission; and

An appeal of a determination to approve or deny a minor amendment to an Alternate plan shall be to the plan commission.

All appeals shall be filed within thirty (30) days of such determination.

(i)

Definitions. The following word, terms or phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)

(2)

(j)

(Ord. No. 04-78, § 1, 1-11-05; Ord. No. 06-18, § 4, 7-11-06)

Sec. 21-115. - Generally.

The following provisions shall apply to all industrial districts:

(1)

(2)

(3)

(4)

(5)

(6)

Noise in all industrial districts shall comply with the following performance standards:

Maximum Permitted Sound Level (Decibels)

Octave Band (Frequency cycles per second)	Along Residential District Boundaries	Along Commercial District Boundaries
0 to 75	72	75
75 to 150	67	70
150 to 300	59	63
300 to 600	52	57
600 to 1,200	46	52
1,200 to 2,400	40	45
2,400 to 4,800	34	40
Above 4,800	32	38

(7)

Frequency cycles per second	Maximum permitted displacement along residential district boundaries (in inches)
0 to 10	.0008
10 to 20	.0005
20 to 30	.0003
30 to 40	.0002
40 and over	.0001

(8)

The following provisions shall apply to smoke and particulate matter in the industrial districts:

(9)

(10)

In the industrial districts, the emission of odorous matter shall be controlled in such a manner as to be at or below the odor threshold value within any part of a residential district.

(11)

The following provisions shall apply to fire and explosive hazards in the industrial districts:

The storage, utilization, or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted.

The storage, utilization, or manufacture of solid materials or products ranging from or active burning to intense burning is permitted, provided the following conditions are met:

The capacity of flammable liquids in excess of the following quantities shall not be permitted:

Closed Cup Flash Point	Quantity (gallons)
Less than 24°F	1,000
24°F to less than 105°F	10,000
105°F to less than 187°F	50,000
Total of all flammable liquids permitted	50,000

(12)

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-116 - M-1 limited industrial district—Intent.

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-117. - M-1—Use and development regulations.

(a)

The permitted uses, special exception uses, accessory uses and the temporary uses allowed in the M-1 limited industrial district are listed in section 21-136.

(b)

The area, bulk and height regulations for the M-1 limited industrial district are listed in section 21-137.

(c)

Parking requirements. See Article V.

(d)

Sign regulations. See Article VI.

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-118. - M-2 limited industrial corridor overlay district—Intent.

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-119. - M-2—Use and development regulations.

(a)

The permitted uses, special exception uses, accessory uses and the temporary uses allowed in the M-2 limited industrial corridor overlay district are listed in section 21-136.

(b)

The area, bulk and height regulations for the M-2 limited industrial corridor overlay district are listed in section 21-137.

(c)

Parking requirements. See Article V.

(d)

Sign regulations. See Article VI.

(e)

General standards and performance standards. See section 21-115.

(f)

Additional site planning and aesthetic standards:

(1)

(2)

(3)

(4)

Accessory storage buildings can be of metal and/or post-frame construction provided that they are not larger than the principal buildings and they do not exceed twenty (20) feet in height.

(5)

Parking. Parking spaces shall be provided in accordance with the provisions set forth in Article V of this chapter.

(6)

(7)

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-125. - PUD permitted use and development standards.

(1)

(2)

(3)

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-126. - PUD approval procedure.

(a)

The complete review and approval process for a PUD planned unit development consist of three (3) elements:

Conceptual PUD plan design review (optional);

Preliminary PUD plan review; and

Final PUD plan review.

(b)

(c)

After completion of the conceptual design review, an application for preliminary PUD plan approval may be filed with the plan commission.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 06-18, § 4, 7-11-06)

Sec. 21-127. - Preliminary PUD plan.

A preliminary PUD plan filed with the plan commission shall satisfy the following requirements:

(1)

(2)

(3)

Be drawn to scale.

Show accurate, dimensioned boundaries of property to be developed.

Indicate location, type and size of structures on adjacent properties within two hundred (200) feet of the proposed development.

Show the proposed size, location, use and arrangement of all buildings and structures.

Show all areas to be maintained as permanent open space.

Show existing and proposed landscaping, including location and type of plant materials to remain on the site.

Provide a tabulation for each proposed use area of land coverage factor; floor area ratio; usable open space ratios; acres of land; and each percentage of total land area.

For all proposed residential use areas, provide a tabulation by use area and dwelling type, estimated population, number of dwelling units, and bedroom ratios.

Provide for the dedication of any rights-of-way for the widening, extension, or connection of major streets, as shown on the comprehensive plan or as listed in Chapter 19 of this Code.

Show drainage retention facilities and drainage plan with sufficient control grades to indicate the intent of the developer.

Indicate the stages, if any, which will be followed in carrying out construction of the proposed development, and interim use and maintenance of areas not under construction at any given time.

Indicate the preliminary time schedule for development and construction of the project.

(4)

Any petition where action has been deferred or no action taken for more than one year from the original filing date, the petitioner shall have to reapply as a new petition.

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-128. - Final PUD plan and zoning map change approval.

(a)

(b)

(c)

(d)

The town council, after receipt of the aforesaid findings and recommendations, shall within ninety (90) days, approve or disapprove the final PUD plan and zoning map change.

(e)

Final approval, valid for one year, shall be secured for each phase, stage or section of the development as delineated on the preliminary PUD plan approved by the plan commission.

(f)

The ordinance approving a final PUD plan and zoning map change shall include the following supporting information:

(1)

A final PUD plan indicating:

Location of all buildings and structures, and any other special facility or feature to be constructed;

Location of all parking and loading spaces, driveways, entrances and exits;

Location of all existing plant materials to be retained and new plant materials, including type and size for new materials;

Location of all common open spaces;

Location of all existing and proposed drainage facilities.

(2)

Engineering plans and specifications for all sanitary sewer, storm sewer and water distribution lines, as well as telephone, gas and electric utility lines.

(3)

(4)

(5)

(g)

(h)

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-129. - PUD general requirements and standards.

(a)

A planned unit development shall conform to the following requirements:

(1)

(2)

No building is permitted to exceed the height limit of the primary district for the area in which the development is located by more than ten (10) percent.

(3)

That the more intensive uses permitted are necessary or desirable and are appropriate with respect to the primary purpose of the development;

That the more intensive uses permitted are not of such a nature or so located as to exercise a detrimental influence on the development nor on the surrounding neighborhood;

That not more than five (5) percent of the gross land area of such development shall be devoted to the more intensive uses;

That in an industrial PUD development such intensive uses allowed shall conform with the performance standards of the primary district for the area in which the development is located;

That the more intensive uses allowed are recorded on the zoning district maps by appropriate symbols or by reference to documents on file with the community development director;

Where the planned unit development is to be located in a residential area the more intensive uses shall not be allowed unless the size of the planned unit development exceeds twenty-five (25) acres;

That in a combined use planned unit development the commercial buildings may not occupy more than twenty (20) percent of the land area devoted to commercial use.

(4)

The amount of off-street parking must be adequate to serve the needs of the projects and the town council may require more off-street parking than is otherwise required by this chapter.

(5)

(6)

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 06-18, § 4, 7-11-06)

Sec. 21-130. - PUD regulations—Residential.

(a)

In the case of residential uses permitted on the approved preliminary PUD plan, the following standards and provisions shall be required.

(1)

(2)

(3)

The maximum lot coverage of residential buildings shall not exceed thirty (30) percent.

(4)

(5)

(6)

(7)

(8)

(9)

Open space:

Percentage Points
12	Usable open space provided equals twenty-five (25) percent of site area which is not covered by buildings, parking and streets (private or public).
3—15	Dedication or donation of sites for public purposes such as schools, parks and public buildings (but not including streets) with the number of percentage points accumulated to be determined as based on the amount of land donated in proportion to the total size of the development as follows:

Percentage Points	Net Percent of Development Area Donated
3	5
6	10
9	15
12	20
15	25 or more

In the event that thirty (30) acres or more are dedicated for public use, the full fifteen (15) percentage points may be allowed.

Site planning design:

Percentage Points
2	Excellence in use of existing topography and/or land recontouring.
4	Excellence in siting buildings and building groups which may include variations in building setbacks.
2	Provision in design for courtyards, gardens and patios.
1	Proper consideration of sun and wind orientation.
1	Right-of-way provisions for riding, hiking and cycling.

Landscape planting and screening:

Percentage Points
1	Provision of a masonry wall or solid fence five (5) feet high on all peripheral lot lines with a less restricted use.
3	Excellence in quality and amount of standard trees and shrub planting, including peripheral and interior screen planting and fencing.

Facilities and amenities:

Percentage Points
5	Recreational facilities, which may or may not include a golf course, occupying one square foot for every five (5) square feet of residential floor area.
5	Swimming pool (five (5) for each pool not to exceed ten (10)).
1	Tennis courts (one for each court not to exceed five (5)) and playground recreation equipment.
5	Community center building and/or club.
3	Lakes and water features.
1	Provisions for pedestrian facilities such as plazas, trails, bicycle racks, interior sidewalks, benches, etc.
4	Use of sculpture, fountains, reflecting pools and similar features in design.

Traffic and parking:

Percentage Points
5	Provision of fifty (50) percent of all required parking in an enclosed structure or structures.
10	Provision of twenty-five (25) percent of required parking in an underground structure.
2	Parking lot design which includes standard tree and shrub planting.

(10)

Off-street parking spaces shall be provided in accordance with Article V of this chapter.

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-131. - PUD regulations—Commercial and industrial.

(a)

For commercial and industrial uses permitted on the approved preliminary PUD plan, the following standards and provisions shall be required:

(1)

The minimum parcel area for commercial or industrial planned unit developments shall be as follows based on the zoning district in which a majority of the PUD uses are allowed.

C-1	2 acres
C-2	2 acres
C-3	2 acres
C-5	5 acres
M-1	4 acres

Adjoining dedicated right-of-way may not be included for computing total area for qualification.

(2)

The land coverage of all principal and accessory buildings and structures shall not exceed the following requirements of the lot area for the zone districts:

C-1	45%
C-2	50%
C-3	50%
C-5	50%
M-1	70%

C-1	N/A
C-2	60%
C-3	65%
C-5	65%
M-1	N/A

(3)

All exterior lighting shall be shaded wherever necessary to avoid illumination of any adjacent property or streets or public rights-of-way.

(4)

Site development for commercial or industrial uses in a PUD shall be in accordance with the following:

A wall shall consist of decorative brick, stone, tile or similar type of masonry material a minimum of eight (8) inches thick (as provided in section 21-12).

Landscaping, consisting of standard evergreen and deciduous trees and shrubs in combination with vines and ground cover, shall be installed and maintained according to the following standards:

Within the off-street parking area, planting bays containing one standard tree for each ten (10) parking spaces are required.

Underground sprinkling facilities shall be provided for all landscaped areas.

Drainage areas can be considered as green space requirements, either wet or dry.

Existing topographic patterns shall be preserved, except where modifications will specifically contribute to increased utility of the site, and/or enhancement of the site.

(5)

Vehicular access shall be provided in conformance with standards and specifications of the Indiana State Highway Commission.

(6)

Off-street parking and loading facilities shall be provided in accordance with Article V of this chapter.

(7)

(8)

(9)

All signs shall conform with the regulations in Article VI of this chapter.

(10)

Yards and open spaces adjoining the boundaries of the development shall not be less than the yard requirements of the adjoining zoning districts.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 06-18, § 4, 7-11-06)

Sec. 21-132. - Approved trees for street planting.

Red Maple	Acer Rubrum
Sugar Maple	Acer Saccharum
Hackberry	Cletis Occidentalis
Marshall's Seedless Ash	Fraxinus Pennsylvanica 'Marshalli'
Ginkgo	Ginkgo Biloba
Moraine Honeylocust	Gleditsia Triocanthos 'Moraine'
Shademaster Honeylocust	Gleditsia Triacanthos 'Skyline'
Skyline Honeylocust	Gleditsia Triacanthos 'Skyline'
Sweetgum	Liquid Ambor Styraciflua
Red Oak	Quercus Borealis
White Oak	Quercus Alba
Pin Oak	Quercus Palustris
Littleleaf Linden	Tilia Cordata
Sycamore	Platanus Occidentalis
Kentucky Coffeetree	Gymocladus Dioicus

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-133. - Trees, landscape plans and requirements.

(a)

Refer to section 19-226 for tree ordinances, landscape plan requirements and landscape standards required for development.

(Ord. No. 10-23, § 3, 6-8-10)

Sec. 21-136. - Use regulations for all districts.

Except as otherwise provided herein, regulations governing the use of land, buildings and structures in each use district are as shown in the schedule of permitted uses contained in this section.

SCHEDULE OF PERMITTED USES

P	=	Permitted Primary Use
S	=	Special Exception Use
A	=	Accessory Use
X	=	Use Not Permitted
*		See Definition

	Districts
Use	A-1	R-1	R-2	R-3	R-4	R-5	C-1	C-2	C-3	C-4E	C-5	M-1	M-2	F	PUD
Accessory apartment* (accessory to a single-family detached dwelling)	S	S	S	S	S	S	X	X	X	X	X	X	X	S	S
Accessory building* (see sections 21-10 and 21-12)	A	A	A	A	A	A	A	A	A	A	A	A	A	A	A
Accessory structure* (see section 21-12)	A	A	A	A	A	A	A	A	A	A	A	A	A	A	A
Accessory use* (see section 21-10)	A	A	A	A	A	A	A	A	A	A	A	A	A	A	A
Adult entertainment businesses* (see section 21-17)	X	X	X	X	X	X	X	X	X	S	X	S	X	X	X
Adult business establishments*(see section 21-17)	X	X	X	X	X	X	X	X	X	S	X	S	X	X	X
Agriculture use* (provided all buildings used for housing farm animals must be at least three hundred (300) feet from all property lines)	P	X	X	X	X	X	X	X	X	X	X	X	X	P	P
Airport*	S	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Amusement establishment as follows:
Indoor: Bowling alleys, pool halls, game arcades, gymnasiums, swimming pools, skating rinks, theaters or uses similar to those listed above as determined by the community development director.	X	X	X	X	X	X	X	S	S	X	X	X	X	X	P
Outdoor: Swimming pools, skateboard and dirtbike tracks, paint ball fields, skeet shooting ranges, drive-in theaters or uses similar to those listed above as determined by the community development director.	X	X	X	X	X	X	X	X	S	X	X	X	X	X	P
Animal hospital*	X	X	X	X	X	X	X	X	S	X	X	P	X	X	P
Art galleries, museums	X	X	X	X	X	X	X	P	P	X	X	X	X	X	P
Automobile service as follows: New automobile and/or truck dealership sales and service.	X	X	X	X	X	X	X	S	P	X	X	P	X	X	S
Automobile, truck, and/or trailer rental services, automobile repair, automobile parts sales, car wash (automatic and self), gasoline service station with or without repair, painting and customizing, RV and camper sales and service, tire and auto service center, auto convenience mart or uses similar to those listed above as determined by the community development director.	X	X	X	X	X	X	X	S	S	X	X	P	X	X	S
Automobile service as follows: Auto, truck, boat, recreational vehicle sales with an open sales lot or uses similar to those listed above as determined by the community development director.	X	X	X	X	X	X	X	X	S	X	X	P	X	X	P
Automobile wrecking yard*	X	X	X	X	X	X	X	X	X	X	X	S	X	X	X
Bed and breakfast*	S	S	S	S	S	S	X	X	X	X	X	X	X	X	P
Boarding house* for three (3) or more persons	X	X	X	X	S	S	X	X	X	X	X	X	X	X	X
Campground*	S	X	X	X	X	X	X	X	X	X	X	X	X	S	P
Car wash*	X	X	X	X	X	X	X	S	S	X	X	S	X	X	P
Cemeteries*/cremetory	S	S	S	S	S	S	X	X	X	X	X	X	X	X	P
Child care ministry* (operated by a religious use)	A	A	A	A	A	A	A	A	A	X	A	X	X	X	A
Child care institution*	S	S	S	S	S	S	S	S	S	X	S	X	X	X	P
Child care home* (Class I, six (6) to twelve (12) children or Class II, twelve (12) to sixteen (16) children)	P	P	P	P	S	S	S	S	S	X	S	X	X	X	P
Child care center* (seventeen (17) or more children)/adult care center	S	S	S	S	S	S	S	S	S	X	S	X	X	X	P
Clinic*	X	X	X	X	X	S	S	P	P	X	P	X	X	X	P
Club*/hall or lodge	S	X	X	X	S	S	X	S	P	X	X	X	X	X	P
Colleges universities, public and private	S	X	X	X	S	S	X	S	S	X	X	X	X	X	P
Community center, public or private	S	S	S	S	S	S	S	P	P	X	X	X	X	X	P
Contractors office with outside storage	X	X	X	X	X	X	X	X	X	X	X	P	X	X	X
Convents, monasteries and seminaries	P	S	S	S	S	S	S	S	X	X	X	X	X	X	P
Dwelling, caretaker*	X	X	X	X	X	X	P	P	P	P	P	P	P	P	P
Dwelling, three-family*	X	X	X	P	P	P	X	X	X	X	X	X	X	X	P
Dwelling, four-family*	X	X	X	P	P	P	X	X	X	X	X	X	X	X	P
Dwelling, manufactured home*	P	P	P	P	P	P	X	X	X	X	X	X	X	X	P
Dwelling, mobile* located in a mobile home park	X	X	X	X	X	S	X	X	X	X	X	X	X	X	P
Dwelling, modular home*	P	P	P	P	P	P	X	X	X	X	X	X	X	X	P
Dwelling, multiple family* (five (5) dwellings or more)	X	X	X	X	P	P	X	X	X	X	X	X	X	X	P
Dwelling, two-family*	X	X	X	P	P	P	X	X	X	X	X	X	X	X	P
Dwelling, single-family*	P	P	P	P	P	P	X	X	X	X	X	X	X	X	P
Efficiency dwelling unit*	X	X	X	P	P	P	X	X	X	X	X	X	X	X	P
Entertainment/performance excluding adult entertainment	X	X	X	X	X	X	X	S	S	P	X	X	X	X	X
Entertainment/performances* (see adult entertainment section 21-17)	X	X	X	X	X	X	X	X	S	P	X	X	X	X	X
Essential services*	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
Essential services* accessory buildings	S	S	S	S	S	S	S	S	S	S	S	S	S	S	P
Farms and farm buildings* (provided all buildings used for housing farm animals must be at least three hundred (300) feet from all property lines).	P	X	X	X	X	X	X	X	X	X	X	X	X	X	P
Food sales and service as follows: Bakery, candy store dairy, delicatessen, grocery, convenience store, meat market, carry out food only, or uses similar to those listed above as determined by the community development director.	X	X	X	X	X	X	P	P	P	X	X	X	X	X	P
Food sales and service as follows: Restaurant, drive-in restaurant or drive thru restaurant, or uses similar to those listed above as determined by the community development director.	X	X	X	X	X	X	S	S	S	S	X	X	X	X	P
Funeral parlor/crematory	X	X	X	X	X	X	X	S	S	X	X	S	X	X	P
Gaming facility/off track betting	X	X	X	X	X	X	X	S	S	S	X	X	X	X	X
Garage sale* (see section 21-16)	A	A	A	A	A	A	X	X	X	X	X	X	X	A	A
Garage, private* (see section 21-77)	A	A	A	A	A	A	S	P	P	X	X	X	X	A	A
Group home* (up to ten (10) individuals)	S	S	S	X	X	X	X	X	X	X	X	X	X	X	P
Golf course	P	S	S	S	S	S	X	X	X	X	X	X	X	S	P
Home day care center* (five (5) or less children)	A	A	A	A	A	A	X	X	X	X	X	X	X	X	A
Home occupation* (see section 21-76)	A	A	A	A	A	A	X	X	X	X	X	X	X	X	A
Hospital, sanitarium, sanatorium or preventorium*	S	S	S	S	S	S	X	S	S	X	P	X	X	X	P
Hotel*	X	X	X	X	X	X	X	P	P	X	X	X	X	X	P
Junk yard*/recycling center	X	X	X	X	X	X	X	X	X	X	X	S	X	X	X
Kennel*	S	X	X	X	X	X	X	X	S	X	X	S	X	X	X
Land excavation	S	X	X	X	X	X	X	X	X	X	X	S	X	X	X
Laundromat/dry cleaning with attendant on duty at all times during business hours	X	X	X	X	X	X	P	P	P	X	X	X	X	X	P
Liquor store*	X	X	X	X	X	X	S	P	P	P	X	X	X	X	P
Manufacture, assembly or repair of: Appliances, bottling of beverages or food, cloth products, electrical equipment and components, jewelry, leather, mattresses, medicine, musical instruments, office equipment and machinery, optical goods, paper and paper products, pharmaceutical products, phonograph records and compact discs, tools and implements, toys or uses similar to those listed above as determined by the community development director.	X	X	X	X	X	X	X	X	X	X	X	P	P	X	P
Mobile food vendors	X	X	X	X	X	X	A	A	A	A	X	X	X	X	A-C
Mobile home parks* see Chapter 11 Mobile Homes and Mobile Home Parks	X	X	X	X	X	S	X	X	X	X	X	X	X	X	P
Motel*	X	X	X	X	X	X	X	P	P	X	X	X	X	X	P
Motor freight terminal*	X	X	X	X	X	X	X	X	X	X	X	S	S	X	X
Nursery*	P	S	S	X	X	X	X	P	P	X	X	P	X	X	P
Nursing home or assisted living facility*	X	X	X	S	S	S	S	S	S	X	X	X	X	X	P
Offices (business or professional) as follows: Architect, artist, attorney, bank machines, bank/savings & loan, credit union, clinic*, dentist, design services, engineer, insurance agent, medical and dental laboratories, massage therapy, musician, optometrists, other professionals, physician, pharmacist, photographic studio, real estate, service organization, travel agency, or uses similar to those listed above as determined by the zoning director.	X	X	X	X	X	S	P	P	P	X	P	P	X	X	X
Parking lots* and structures (see section 21-172)	A	A	A	A	A	A	A	A	A	A	A	A	A	A	A
Parks and playgrounds publicly owned and operated	P	P	P	P	P	P	X	X	X	X	X	X	X	P	P
Parks and playgrounds privately owned and operated	S	S	S	S	S	S	X	X	X	X	X	X	X	S	P
Personal services as follows: Barber shop, beauty shop; health spa, nail salon, tanning salon or uses similar to those listed above as determined by the community development director.	X	X	X	X	X	X	P	P	P	P	X	X	X	X	P
Personal services as follows: Body painting, body piercing or tattoo shop, or uses similar to those listed above as determined by the zoning director	X	X	X	X	X	X	X	X	S	X	X	X	X	X	S
Personal storage building*	X	X	X	X	X	X	X	X	X	X	X	P	S	X	P
Pole building*	P	X	X	X	X	X	X	X	X	X	X	P	X	P	P
Produce stands for sale of products raised on the premises	A	X	X	X	X	X	X	X	X	X	X	X	X	A	X
Public buildings for governmental functions	S	S	S	S	S	S	P	P	P	S	S	S	S	S	P
Public transportation facilities	X	X	X	X	X	X	X	S	S	X	X	P	X	X	X
Recording studio	X	X	X	X	X	X	X	S	P	X	X	X	X	X	X
Religious use*	P	S	S	S	S	S	S	S	S	X	X	X	X	X	P
Rental office for residential developments	X	X	X	A	A	A	X	X	X	X	X	X	X	X	A
Research laboratory*	X	X	X	X	X	X	X	S	S	X	P	P	S	X	P
Residential facility for the developmentally disabled*	P	P	P	P	P	P	X	X	X	X	X	X	X	X	P
Residential facility for the mentally ill* if located more than three thousand (3,000) feet from another residential facility for the mentally ill as measured between lot lines.	P	P	P	P	P	P	X	X	X	X	X	X	X	X	P
Retail sales stores and shops as follows: Apparel, antiques, art supplies, bakery, bicycle, books, camera and photographic, carpet, china and glassware, coins and philatelic, computers, convenience items, drug and pharmaceutical, electronic equipment, fireworks sales within a permanent building, floral, home appliances, household furniture, garden supply, gifts, hardware, hobby, interior decorating, jewelry, locksmith, millinery, musical instruments, newsdealer, office supply, paint and wallpaper, pawn shops, printing/copier shops, sporting goods, stationery, or uses similar to those listed above as determined by the community development director.	X	X	X	X	X	X	P	P	P	X	X	X	X	X	P
Schools, commercial or trade	S	X	X	X	S	S	X	S	S	X	X	S	S	X	P
Schools, public or private with or without boarding	P	S	S	S	S	S	X	S	S	X	X	S	S	X	P
Stables for quartering or renting of horses, provided all buildings used for housing animals must be at least three hundred (300) feet from all property lines.	S	X	X	X	X	X	X	X	X	X	X	X	X	S	S
Telecommunications tower fifty (50) to one hundred ninety-nine (199) feet high (see section 21-18)	S	X	X	X	X	X	X	X	S	S	X	P	S	X	X
Tavern*	X	X	X	X	X	X	S	P	P	P	X	X	X	X	P
With live entertainment or food service	X	X	X	X	X	X	S	S	S	S	X	X	X	X	P
Temporary uses, structures and buildings* (see section 21-16)	A	A	A	A	A	A	A	A	A	A	A	A	A	A	A
Transportation facility, public including terminals, parking areas and service buildings	X	X	X	X	X	X	X	X	S	X	X	P	X	X	X
Used car lot not with new dealership	X	X	X	X	X	X	X	S	S	X	X	X	X	X	X
Warehouse*	X	X	X	X	X	X	X	X	X	X	X	P	P	X	P
NOTE: PUD permitted uses must be approved as part of a final PUD plan.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 06-18, § 4, 7-11-06; Ord. No. 07-58, 1-8-08; Ord. No. 12-38, § 2, 8-14-12)

Sec. 21-137. - Area, bulk, height and placement regulations for all districts.

Except as otherwise provided herein, regulations governing area, bulk, height and placement are as shown in the schedule of permitted uses contained in this section.

SCHEDULE OF AREA, BULK, HEIGHT AND PLACEMENT REGULATIONS

Regulations	A-1	R-1	R-2	R-3	R-4	R-5	C-1	C-2	C-3	C-4E	C-5	M-1	M-2	F	PUD
Minimum Lot Area (sq. ft.)	10 Ac.	15,000	10,000	See Sec. 21-83	See Sec. 21-84	See Sec. 21-85	10,000	10,000	10,000	10,000	10,000	1 Ac.	2.5 Ac.	15,000	See Secs. 21-130 & 21-131
Minimum Lot Area Per Dwelling	10 Ac.						—	—	—	—	—	—	—	10,000
Single-Family	—	15,000	10,000	10,000	10,000	10,000
2-Family	—	—	—	6,000	6,000	6,000
3- and 4-Family	—	—	—	4,500	4,500	4,500
Multiple-Family	—	—	—	—	4,300	3,900
Other Permitted Use	2 Ac.	15,000	10,000	10,000	10,000	10,000
Minimum Lot Width (ft.)	300	100	80	80	100	100	100	100	100	100	100	100	300	100
Maximum Floor Area Ratio	N/A	0.6	0.6	0.6	0.6	0.6	0.8	1.3	2.0	1.3	0.8	1.0	0.5	0.6
Maximum Height (ft.)	35	35	35	35	40	40	30	50	70	30	120	30	65	35
Required Yard Setback Minimum in Feet—See Thoroughfare Plan Section 19-224
Front (3)*	40	30	30	30	30	30	30	60	60	60	40	40	60	30
Sides (each)	25	10	6	6	15	15	10	10	10	25	25	20	30	10
Rear	40	40	30	30	40	40	20	20	20	40	40	20	30	40
Minimum Floor Area for Dwellings (sq. ft.)
Single-Family	1,500	1,500	1,200	1,200	1,000	1,000	—	—	—	—	—	—	—	1,500	1,000
2-Family	—	—	—	850	850	850	—	—	—	—	—	—	—	—	850
3-Family	—	—	—	750	750	750	—	—	—	—	—	—	—	—	750
4-Family	—	—	—	750	750	750	—	—	—	—	—	—	—	—	750
Minimum Floor Area for Dwellings (sq. ft.) — Multiple-Family
One Bedroom	—	—	—	—	750	750	—	—	—	—	—	—	—	—	750
Two Bedroom	—	—	—	—	800	800	—	—	—	—	—	—	—	—	800
Efficiency/Studio	—	—	—	—	650	650	—	—	—	—	—	—	—	—	650
Notes							(1)*								(2)*

NOTES:
(1)*	Each business establishment is restricted to no more than five thousand (5,000) square feet of floor area.
(2)*	See sections 21-126 through 21-131 for planned unit development regulations.
(3)*	See section 19-224 of the subdivision regulations.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 05-08, 4-12-05)

Merrillville City Zoning Code

ARTICLE III

DISTRICTS

Sec. 21-61. - Zoning districts generally.

(a)

In order to carry out the purposes and provisions of this chapter, the Town of Merrillville is hereby divided into the following districts:

(1)

Floodplain district.

(2)

Agricultural district.

(3)

Residential districts:

R-1 single-family residence.

R-2 single-family residence.

R-3 two-family residence.

R-4 low density multiple-family residence (maximum seven (7) units per acre).

R-5 medium density multiple-family residence (maximum eleven (11) units per acre).

(4)

Commercial and office districts:

C-1 neighborhood commercial.

C-2 community commercial.

C-3 highway commercial.

C-4E commercial entertainment.

C-5 office and research.

(5)

Industrial districts:

M-1 limited industrial.

M-2 limited industrial corridor overlay.

(6)

Planned unit development district.

(7)

Greenbelt district.

(8)

C/IS commercial/industrial special district.

(b)

(c)

When uncertainty exists with respect to the boundaries of the various districts, as shown on the zoning district map, the following rules shall apply:

(1)

District boundary lines are either the center lines of railroads, highways, streets, alleys or easements, tract or lot lines, or such lines extended unless otherwise indicated.

(2)

(3)

(d)

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 05-08, 4-12-05)

Sec. 21-62. - Floodplain district.

(a)

(1)

(2)

When the proposed use is allowable hereunder in any other zoning district, the following uses and types of activities are permitted in the designated floodplain.

Outdoor recreational uses.

Public rights-of-way, private drives, and parking lots.

Commercial buildings in the commercial districts where the minimum floor elevation is not less than two (2) feet above the one hundred-year flood level.

Any structure, filling, excavating, or any change in the natural grade of any property requires a permit, and shall not be detrimental to other properties or the characteristics of the floodplain.

(3)

(Ord. No. 02-03, § 1, 2-12-02)

Cross reference— Flood hazard areas, § 7-16 et seq.; subdivision of land in floodplain areas, § 19-7.

Sec. 21-71. - A-1 agricultural district—Intent.

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-72. - A-1—Use and development regulations.

(a)

The permitted uses, special exception uses, accessory uses and the temporary uses allowed in the A-1 agricultural district are listed in section 21-136.

(b)

The area, bulk and height regulations for the A-1 agricultural district are listed in section 21-137.

(c)

Parking requirements. See Article V.

(d)

Sign regulations. See Article VI.

(e)

All buildings used for housing of animals must be at least three hundred (300) feet from all property lines.

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-76. - Home occupations.

(a)

(1)

By way of example, the following uses, when conducted in compliance with the conditions set forth in this section, qualify as permitted home occupations:

Art studio.

Barbershop or beauty parlor, one chair only.

Dressmaking or tailoring.

Tutoring or teaching, including musical instruments or dancing but limited to one pupil at a time.

Child care home.

No more than five (5) children and where no overnight stays are provided.

Craft creation assembly where items produced in their home are sold elsewhere.

The selling or otherwise disposing of agricultural products produced on the premises in A-1 zone only.

(2)

The operation of any wholesale or retail business unless conducted entirely by mail, and does not involve the sale, receipt, or delivery of merchandise on the premises.

Any manufacturing or processing of goods, materials or products.

A repair shop or service establishment of any kind operating on or from the premises, such as repair or painting of vehicles, boats or trailers.

Dental or medical offices or clinics, veterinary clinic, kennel or stables.

Any use not in compliance with the intent and conditions set forth in this section.

(3)

Home occupations shall conform to the following standards and conditions:

Permitted home occupations shall not include the employment of any persons in addition to the homeowner and members of the family that reside in the home.

The home occupation shall be conducted wholly within the enclosed living area of the residence or attached garage but not in any other accessory or detached structure.

No exterior storage of equipment, materials or supplies used in conjunction with home occupation is allowed.

There shall be no additional or separate entrance to the dwelling for the purpose of conducting the home occupation.

There shall be no internal or external alterations, construction features, or use of electrical or mechanical equipment, which would change the fire rating of the structure.

(4)

Home occupation permit required. Violations and penalties.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 03-11, § 1, 4-8-03; Ord. No. 06-18, § 4, 7-11-06; Ord. No. 17-09, 6-27-17)

Sec. 21-77. - General standards for residential zones.

(a)

The following general standards, conditions and provisions shall apply to all residential zones:

(1)

(2)

(3)

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 05-08, 4-12-05)

Sec. 21-83. - R-3—Use and development regulations.

(a)

The permitted uses, special exception uses, accessory uses and the temporary uses allowed in the R-3 two-family residential district are listed in section 21-136.

(b)

The area, bulk and height restrictions for the R-3 two-family residential district are listed in section 21-137.

(c)

The minimum lot area and residence size as follows:

(1)

(2)

For other uses, as required for the R-2 district.

(3)

The square foot living space per each individual living unit would be a minimum of one thousand two hundred (1,200) square feet.

(4)

The side yards shall be a minimum of six (6) feet each.

(d)

Parking requirements. See Article V.

(e)

Sign regulations. See Article VI.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 05-08, 4-12-05)

Sec. 21-84. - R-4 three- to four-family residential district—Intent.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 05-08, 4-12-05)

Sec. 21-85. - R-4—Use and development regulations.

(a)

The permitted uses, special exception uses, accessory uses and the temporary uses allowed in the R-4 three- to four-family residential districts are listed in section 21-136.

(b)

The area, bulk and height regulations for the R-4 three- to four-family residential districts are listed in section 21-137.

(c)

The minimum lot area and residence size are as follows:

(1)

For three- and four-family detached dwellings, four thousand five hundred (4,500) square feet per dwelling unit. (Eighteen thousand (18,000) square foot minimum per four plex).

(2)

The living space in any living unit shall not be less than one thousand one hundred (1,100) square feet.

(3)

For other uses as provided for the R-3 district.

(d)

Parking requirements. See Article V.

(e)

Sign regulations. See Article VI.

(f)

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 05-08, 4-12-05)

Sec. 21-86. - R-5 multiple-family residential district—Intent.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 05-08, 4-12-05)

Sec. 21-87. - R-5—Use and development regulations.

(a)

The permitted uses, special exception uses, accessory uses and the temporary uses allowed in the R-5 multiple-family residential district are listed in section 21-136.

(b)

(c)

The minimum lot area per dwelling unit shall be three thousand nine hundred (3,900) square feet.

(d)

For minimum uses as provided for the R-4 district.

(e)

The floor area ratio for nonresidential permitted uses and special exception shall be provided for the R-4 district.

(f)

Parking requirements. See Article V.

(g)

Sign regulations. See Article VI.

(h)

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 05-08, 4-12-05)

Sec. 21-96. - Generally.

The following provisions shall apply to all commercial districts:

(1)

(2)

Goods sold shall consist primarily of new merchandise, and any goods produced on the premises shall be sold at retail on the premises unless otherwise permitted herein for specified uses.

(3)

(4)

(5)

(a)

The permitted uses, special exception uses, accessory uses and the temporary uses allowed in the C-5 office research district are listed in section 21-136.

(b)

The area, bulk and height regulations for the C-5 office research district are listed in section 21-137.

(c)

Parking requirements. See Article V. The following additional parking requirements shall apply to the C5 office research district.

(1)

No facilities for parking of vehicles shall be situated in any area within thirty (30) feet of any public street unless each of the following conditions are met.

(2)

(d)

Sign regulations. See Article VI.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 06-18, § 4, 7-11-06)

Sec. 21-107. - C/I-S commercial/industrial special district.

(a)

(b)

Minimum area, procedures and tentative land use plan.

(1)

Minimum land area: The minimum land area for the designation of an individual C/I-S district shall be one hundred (100) acres.

(2)

Procedures: The approval process for development within the C/I-S district shall be as follows:

Rezone: Filing for and obtaining approval of a rezoning of real property to the C/I-S district.

Platting:

Preliminary plat approval shall in conformance with Chapter 19, Subdivisions, of the Municipal Code of Merrillville, Indiana.

Final plat approval shall be in conformance with the plat committee process of Chapter 19, Subdivisions, of the Municipal Code of Merrillville, Indiana.

Permits: Application for and issuance of improvement location permits in accordance with the section 21-45, improvement location permits.

(3)

(4)

(c)

(1)

Any C-1 neighborhood commercial uses.

(2)

Any C-2 community commercial uses.

(3)

Any C-5 office research uses.

(4)

Any M-1 limited industrial uses, except the following items:

Automobile and/or truck repair; auto and/or truck parts sales; auto and/or truck painting; auto and/or truck customizing; auto and/or truck used vehicle sales.

Pole buildings.

Transportation facilities such as truck transfer stations; truck stops; truck washes, and truck terminals (this provision does not limit distribution warehouses).

Manufacturing of food and beverages, leather goods; paper and paper products (this provision does not limit blending, assembly or packaging of items or materials).

Junk yards, wrecking yards, recycling centers and the like.

(5)

Any other individual or combination of commercial or industrial land uses deemed appropriate by the plan commission and the town council for the property.

(d)

(1)

(2)

(3)

Overall perimeter yard and setback requirements.

Front yard and setback measured from the front lot line abutting a perimeter street for the overall C/I-S district:

Interstate highway, primary arterial—Limited access, primary arterial or secondary arterial—Sixty (60) feet.

Collector or local—Forty (40) feet.

Side yard and setback measured from a side lot line—Thirty (30) feet.

Rear yard and setback measured from a rear lot line—Thirty (30) feet.

(4)

Use of overall perimeter yards. All overall perimeter yards shall be maintained as a landscaped yard area free from buildings or structures unless specifically authorized below:

Front yards—May included signs, entrance drives, drainage features and utilities.

Side and rear yards—May include drives connecting to adjoining parcels, drainage features and utilities.

(5)

Overall perimeter landscaping requirements.

Side and rear yards abutting a residential district—Landscaping along all side and rear lot lines abutting a residential districts shall consist of:

a continuous screen of evergreen plantings, minimum size of six (6) feet tall at the time of planting, spaced a maximum of twelve and one-half (12.5) feet on center; or,

located within a yard area measuring not less than ten (10) feet in depth between all buildings, parking and accessory uses and the side or rear lot lines.

Water features—Water features may be incorporated into any front, side or rear yard landscape requirement.

Alternate plans—An alternate plan for the overall perimeter landscaping requirements may be considered as a waiver.

(6)

Overall project signs. Overall project signs shall provide identification to the entire C/I-S district as a unit and not to any individual use or occupant with the C/I-S district.

Project ground signs.

Entry walls—One ground sign may be incorporated into an entry wall treatment located on each side of any shared street road cut into the C/I-S district.

Setback—All portions of such entry wall shall be setback a minimum of ten (10) feet from any public right-of-way.

Separation—No freestanding sign for any individual use or lot within the C/I-S district shall be located within fifty (50) feet of a project ground sign.

Project pylon signs.

Number—One pylon sign shall be permitted for each one thousand (1,000) foot increment, or portion thereof, of street frontage of a C/I-S district along an individual perimeter street.

Height and area—Each pylon sign may be up to twenty-five (25) feet in height and may contain up to three hundred (300) square feet in sign surface area.

Setback—All pylon signs shall be setback a minimum of ten (10) feet from any public right-of-way.

Separation—No freestanding sign for any individual use or lot within the C/I-S district shall be located within two hundred (200) feet of a project pylon sign.

Separation—No project pylon sign within the C/I-S district shall be located within one hundred (100) feet of a project ground sign.

(e)

(1)

Lot area—Ten thousand (10,000) square feet.

(2)

Lot width—One hundred (100) feet.

(3)

Minimum yard and setback requirements.

Front yard and setback measured from the front lot line:

Primary arterial or secondary arterial—Sixty (60) feet.

Local or collector—Forty (40) feet.

Side yard and setback measured from a side lot line—Twenty-five (25) feet.

Rear yard and setback measured from a rear lot line—Twenty-five (25) feet.

(4)

Maximum floor area ratio—0.8.

(5)

Use of required yards—Shall subject to the provisions of section 21-12 and the following additional regulations:

Front—May include driveways, signs and off-street parking areas provided such parking areas are located no closer than twenty (20) feet to a front lot line.

Side and rear yards—May include signs and interior access driveways.

(6)

Maximum building height—One hundred twenty (120) feet above grade.

(7)

Off-street parking—See section 21-172, off-street parking.

(8)

Off-street loading—In addition to the provisions of section 21-171, off-street loading, off-street loading areas shall be oriented to the side or rear facade of the building served.

(9)

(10)

Individual office/research parcel landscaping regulations.

Individual perimeter yard requirements.

Foundation plantings.

Foundation landscaping shall be applicable to all front, side and rear elevations of a new building or building addition.

Foundation landscaping shall be provided at a rate of:

One shade tree for every forty (40) feet of width of the applicable elevation;

ii.

One ornamental tree or one evergreen tree for every twenty-five (35) feet of width of the applicable elevation; or

iii.

Ten (10) hedge plants or shrubs for every forty (40) feet of width of the applicable elevation.

iv.

The above rates of foundation landscaping may be combined or pro-rated, as necessary, based upon the length of the applicable elevation.

Relationship to buildings—Foundation landscaping areas shall be located adjacent to the building.

Hedge plants or shrubs in combination with: an ornamental or decorative fence; a masonry wall; or, an earthen berm, provided that:

ii.

The earthen berm is not less than twenty-four (24) inches in height nor more than thirty-six (36) inches in height.

Water features. Water features may be incorporated into any front, side or rear yard landscape requirement.

Alternate plans. An alternate plan for the individual office/research parcel landscaping regulations may be considered as a waiver.

(11)

Individual office/research parcel lighting requirements. See section 21-20, lighting standards.

(12)

Individual office/research parcel sign regulations.

Freestanding ground signs.

Separation—No individual ground sign shall be located within fifty (50) feet of a project ground sign or two hundred (200) feet of a project pylon sign.

Traffic or direction signs—As regulated in section 21-192.

(f)

(1)

Lot area—Ten thousand (10,000) square feet.

(2)

Lot width—One hundred (100) [feet].

(3)

Minimum yard and setback requirements.

Front yard and setback measured from the front lot line:

Primary arterial or secondary arterial—Sixty (60) feet;

Local or collector—Forty (40) feet.

Side yard and setback measured from a side lot line—Ten (10) feet.

Rear yard and setback measured from a rear lot line—Ten (10) feet.

(4)

Maximum floor area ratio—1.3.

(5)

Use of required yards—Shall subject to the provisions of section 21-12 and the following additional regulations:

Front—May include driveways, signs and off-street parking areas provided such parking areas are located no closer than ten (10) feet to a front lot line.

Side and rear yards—May include signs, off-street parking, interior access drive, interior access driveways.

(6)

Maximum building height—Fifty (50) feet above grade.

(7)

Off-street parking—See section 21-172, off-street parking.

(8)

Off-street loading—In addition to the provisions of section 21-171, Off-street loading, off-street loading areas shall be oriented to the side or rear facade of the building served.

(9)

Outdoor seating for restaurants:

Shall not be located between a building line and an abutting residential zoning line;

Shall not be located in any required yard or any street right-of-way;

Shall be located adjacent to the business' tenant bay or storefront;

Shall not exceed ten (10) percent of the gross floor area of the restaurant;

Shall not block an entrance or exit to or from the business or building; and

Vending machines:

Shall abut the exterior wall of the building; and

Shall not be located in any required yard.

Outdoor display or sales of merchandise:

Shall be accessory to the primary use;

Shall not exceed the lesser of: Ten (10) percent of the gross floor area; or twenty thousand (20,000) square feet, for each non-related and separately operated use;

Shall not be located in a required yard;

Shall be located so as to maintain a minimum usable width of four (4) feet for any sidewalks, walkways, pedestrian ways, entrances or exits to or from the business or building; and,

(10)

Individual retail commercial parcel landscaping regulations.

Individual perimeter yard requirements.

Foundation plantings.

Foundation landscaping shall be applicable to all front elevations of a new building or building addition.

Foundation landscaping shall be provided at a rate of:

One shade tree for every fifty (50) feet of width of the applicable elevation;

ii.

One ornamental tree or one evergreen tree for every thirty-five (35) feet of width of the applicable elevation; or,

iii.

Ten (10) hedge plants or shrubs for every fifty (50) feet of width of the applicable elevation.

iv.

The above rates of foundation landscaping may be combined or pro-rated, as necessary, based upon the length of the applicable elevation.

Hedge plants or shrubs in combination with: an ornamental or decorative fence; a masonry wall; or, an earthen berm, provided that:

ii.

The earthen berm is not less than twenty-four (24) inches in height nor more than thirty-six (36) inches in height.

Water features. Water features may be incorporated into any front, side or rear yard landscape requirement.

Alternate plans. An alternate plan for the individual retail commercial parcel landscaping regulations may be considered as a waiver.

(11)

Individual retail commercial parcel lighting requirements. See section 21-20, lighting standards.

(12)

Individual retail commercial parcel sign regulations.

Freestanding pylon signs. Individual commercial sites shall qualify for the following freestanding signs:

Number—One pylon sign per street frontage.

Height and area—Pylon signs shall not exceed two hundred (200) square feet in sign surface area or twenty (20) feet in height above grade.

Setback—Minimum setback shall be ten (10) feet from any right-of-way.

Separation—No pylon sign shall be located within fifty (50) feet of a project ground sign or two hundred (200) feet of a project pylon sign.

Facade signs. The total sign surface area of all building identification signs oriented to an individual facade shall not exceed:

Front facade—Ten (10) percent of the total area of the front facade of the structure or tenant space;

Side and rear facade—Five (5) percent of the total area of the side or rear facade of the structure or tenant space; and

The linear measurement of a building identification sign shall not exceed eighty (80) percent of the linear width of the facade of the structure or tenant space on which the sign is located.

Marquee or canopy signs—As regulated in section 21-192.

Traffic or direction signs—As regulated in section 21-192.

Automobile gasoline station with convenience store accessory signs—As regulated in section 21-192.

(g)

(1)

Generally—In addition to the regulations contained in section 21-96, the provisions of section 21-115 shall also apply to any lot containing and industrial land use.

(2)

Lot area—Two and five-tenths (2.5) acres.

(3)

Lot width—Three hundred (300) feet.

(4)

Minimum yard and setback requirements.

Front yard and setback measured from the front lot line:

Primary arterial or secondary arterial—Sixty (60) feet;

Local or collector—Forty (40) feet.

Side yard and setback measured from a side lot line—Twenty (20) feet.

Rear yard and setback measured from a rear lot line—Twenty (20) feet.

(5)

Maximum floor area ratio—1.0.

(6)

Use of required yards—Shall subject to the provisions of section 21-12 and the following additional regulations:

Front—May include driveways, signs and off-street parking areas provided such parking areas are located no closer than twenty (20) feet to a front lot line.

Side and rear yards — May include signs, off-street parking, interior access drive, interior access driveways.

(7)

Maximum building height—Sixty-five (65) feet.

(8)

Off-street parking—See section 21-172, off-street parking.

(9)

(10)

Outdoor operations.

Operations. All operations, servicing and processing (except outdoor storage, off-street parking and off-street loading) shall be conducted within completely enclosed buildings.

Storage. All storage of materials or products shall be either:

Within completely enclosed buildings; or,

Within a defined storage area in compliance with the following:

Location of outdoor storage:

(a)

Along an interstate highway, primary arterial—Limited access, primary arterial or secondary arterial—Shall not be located within a minimum front yard; and

(b)

Along a collector or local street—Shall not be located between the front lot line and the established front building line.

ii.

Screening—Outdoor storage areas shall be screened from view from all adjacent public streets lines by:

(a)

Buildings; or,

(b)

Height of fence—The height above grade of said fence shall be at least six (6) feet and shall not exceed twelve (12) feet.

Height of outdoor storage—Outdoor storage of materials or products shall not exceed the height of the fence.

Surface of outdoor storage area—All outdoor storage areas shall be surfaced with a durable, dust-free surface of concrete or asphalt surface.

Amount of outdoor storage.

The total area devoted to outdoor storage shall not exceed twenty (20) percent of the gross floor area of all buildings on the lot.

(11)

Individual industrial parcel landscaping regulations.

Individual perimeter yard requirements.

Foundation plantings.

Foundation landscaping shall be applicable to all front elevations of a new building or building addition.

Foundation landscaping shall be provided at a rate of:

One shade tree for every sixty (60) feet of width of the applicable elevation;

ii.

One ornamental tree or one evergreen tree for every forty (40) feet of width of the applicable elevation; or

iii.

Ten (10) hedge plants or shrubs for every sixty (60) feet of width of the applicable elevation.

iv.

The above rates of foundation landscaping may be combined or pro-rated, as necessary, based upon the length of the applicable elevation.

Relationship to buildings—Foundation landscaping areas shall be located adjacent to the building.

Hedge plants or shrubs in combination with: an ornamental or decorative fence; a masonry wall; or an earthen berm, provided that:

ii.

The earthen berm is not less than twenty-four (24) inches in height nor more than thirty-six (36) inches in height.

Water features. Water features may be incorporated into any front, side or rear yard landscape requirement.

Alternate plans. An alternate plan for the individual industrial parcel landscaping regulations may be considered as a waiver.

(12)

Individual industrial parcel lighting requirements. See section 21-20, lighting standards.

(13)

Individual industrial parcel sign regulations.

Freestanding pylon signs. Individual commercial sits shall qualify for the following freestanding signs:

Number—One pylon sign per street frontage.

Height and area—Pylon signs shall not exceed two hundred (200) square feet in sign surface area or twenty (20) feet in height above grade.

Setback—Minimum setback shall be ten (10) feet from any right-of-way.

Separation—No pylon sign shall be located within fifty (50) feet of a project ground sign or two-hundred (200) feet of a project pylon sign.

Traffic or direction signs. As regulated in section 21-192.

(h)

(1)

(2)

Specification of development requirements which may be waived—The plat committee may grant a waiver of only those development requirements which specify that an alternate plan may be approved.

(3)

Findings of fact regarding waiver requests—A waiver may only be approved upon finding that the proposed alternate plan:

Represents a innovative use of site design features or landscaping which will enhance the use or value of area properties;

Is consistent with and compatible with other development located within the C/I-S district; and

Is consistent with the intent and purpose of this chapter.

(4)

(5)

(6)

Form of filing—All applications shall be on forms a provided or prescribed by the community development director.

Overall plan.

Site plan.

Landscape plan.

Lighting plan.

Sign plan.

Building elevations.

Fees—The fees for the review of an alternate plan shall be the same as the fees applicable to the final approval of a planned unit development.

Notice—Alternate plans shall be approved by the plat committee at a public meeting without notice to adjoining property owners.

Appeal—Any decision of the community development director regarding a minor amendment of an alternate plan may be appealed by any interested party as follows:

An appeal of the interpretation of a development standard incorporated by reference into the C/I-S district shall be to the board of zoning appeals;

An appeal of the interpretation of a development requirement specified in this section shall be to the plan commission; and

An appeal of a determination to approve or deny a minor amendment to an Alternate plan shall be to the plan commission.

All appeals shall be filed within thirty (30) days of such determination.

(i)

Definitions. The following word, terms or phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)

(2)

(j)

(Ord. No. 04-78, § 1, 1-11-05; Ord. No. 06-18, § 4, 7-11-06)

Sec. 21-115. - Generally.

The following provisions shall apply to all industrial districts:

(1)

(2)

(3)

(4)

(5)

(6)

Noise in all industrial districts shall comply with the following performance standards:

Maximum Permitted Sound Level (Decibels)

Octave Band (Frequency cycles per second)	Along Residential District Boundaries	Along Commercial District Boundaries
0 to 75	72	75
75 to 150	67	70
150 to 300	59	63
300 to 600	52	57
600 to 1,200	46	52
1,200 to 2,400	40	45
2,400 to 4,800	34	40
Above 4,800	32	38

(7)

Frequency cycles per second	Maximum permitted displacement along residential district boundaries (in inches)
0 to 10	.0008
10 to 20	.0005
20 to 30	.0003
30 to 40	.0002
40 and over	.0001

(8)

The following provisions shall apply to smoke and particulate matter in the industrial districts:

(9)

(10)

In the industrial districts, the emission of odorous matter shall be controlled in such a manner as to be at or below the odor threshold value within any part of a residential district.

(11)

The following provisions shall apply to fire and explosive hazards in the industrial districts:

The storage, utilization, or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted.

The storage, utilization, or manufacture of solid materials or products ranging from or active burning to intense burning is permitted, provided the following conditions are met:

The capacity of flammable liquids in excess of the following quantities shall not be permitted:

Closed Cup Flash Point	Quantity (gallons)
Less than 24°F	1,000
24°F to less than 105°F	10,000
105°F to less than 187°F	50,000
Total of all flammable liquids permitted	50,000

(12)

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-116 - M-1 limited industrial district—Intent.

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-117. - M-1—Use and development regulations.

(a)

The permitted uses, special exception uses, accessory uses and the temporary uses allowed in the M-1 limited industrial district are listed in section 21-136.

(b)

The area, bulk and height regulations for the M-1 limited industrial district are listed in section 21-137.

(c)

Parking requirements. See Article V.

(d)

Sign regulations. See Article VI.

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-118. - M-2 limited industrial corridor overlay district—Intent.

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-119. - M-2—Use and development regulations.

(a)

The permitted uses, special exception uses, accessory uses and the temporary uses allowed in the M-2 limited industrial corridor overlay district are listed in section 21-136.

(b)

The area, bulk and height regulations for the M-2 limited industrial corridor overlay district are listed in section 21-137.

(c)

Parking requirements. See Article V.

(d)

Sign regulations. See Article VI.

(e)

General standards and performance standards. See section 21-115.

(f)

Additional site planning and aesthetic standards:

(1)

(2)

(3)

(4)

Accessory storage buildings can be of metal and/or post-frame construction provided that they are not larger than the principal buildings and they do not exceed twenty (20) feet in height.

(5)

Parking. Parking spaces shall be provided in accordance with the provisions set forth in Article V of this chapter.

(6)

(7)

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-125. - PUD permitted use and development standards.

(1)

(2)

(3)

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-126. - PUD approval procedure.

(a)

The complete review and approval process for a PUD planned unit development consist of three (3) elements:

Conceptual PUD plan design review (optional);

Preliminary PUD plan review; and

Final PUD plan review.

(b)

(c)

After completion of the conceptual design review, an application for preliminary PUD plan approval may be filed with the plan commission.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 06-18, § 4, 7-11-06)

Sec. 21-127. - Preliminary PUD plan.

A preliminary PUD plan filed with the plan commission shall satisfy the following requirements:

(1)

(2)

(3)

Be drawn to scale.

Show accurate, dimensioned boundaries of property to be developed.

Indicate location, type and size of structures on adjacent properties within two hundred (200) feet of the proposed development.

Show the proposed size, location, use and arrangement of all buildings and structures.

Show all areas to be maintained as permanent open space.

Show existing and proposed landscaping, including location and type of plant materials to remain on the site.

Provide a tabulation for each proposed use area of land coverage factor; floor area ratio; usable open space ratios; acres of land; and each percentage of total land area.

For all proposed residential use areas, provide a tabulation by use area and dwelling type, estimated population, number of dwelling units, and bedroom ratios.

Provide for the dedication of any rights-of-way for the widening, extension, or connection of major streets, as shown on the comprehensive plan or as listed in Chapter 19 of this Code.

Show drainage retention facilities and drainage plan with sufficient control grades to indicate the intent of the developer.

Indicate the stages, if any, which will be followed in carrying out construction of the proposed development, and interim use and maintenance of areas not under construction at any given time.

Indicate the preliminary time schedule for development and construction of the project.

(4)

Any petition where action has been deferred or no action taken for more than one year from the original filing date, the petitioner shall have to reapply as a new petition.

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-128. - Final PUD plan and zoning map change approval.

(a)

(b)

(c)

(d)

The town council, after receipt of the aforesaid findings and recommendations, shall within ninety (90) days, approve or disapprove the final PUD plan and zoning map change.

(e)

Final approval, valid for one year, shall be secured for each phase, stage or section of the development as delineated on the preliminary PUD plan approved by the plan commission.

(f)

The ordinance approving a final PUD plan and zoning map change shall include the following supporting information:

(1)

A final PUD plan indicating:

Location of all buildings and structures, and any other special facility or feature to be constructed;

Location of all parking and loading spaces, driveways, entrances and exits;

Location of all existing plant materials to be retained and new plant materials, including type and size for new materials;

Location of all common open spaces;

Location of all existing and proposed drainage facilities.

(2)

Engineering plans and specifications for all sanitary sewer, storm sewer and water distribution lines, as well as telephone, gas and electric utility lines.

(3)

(4)

(5)

(g)

(h)

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-129. - PUD general requirements and standards.

(a)

A planned unit development shall conform to the following requirements:

(1)

(2)

No building is permitted to exceed the height limit of the primary district for the area in which the development is located by more than ten (10) percent.

(3)

That the more intensive uses permitted are necessary or desirable and are appropriate with respect to the primary purpose of the development;

That the more intensive uses permitted are not of such a nature or so located as to exercise a detrimental influence on the development nor on the surrounding neighborhood;

That not more than five (5) percent of the gross land area of such development shall be devoted to the more intensive uses;

That in an industrial PUD development such intensive uses allowed shall conform with the performance standards of the primary district for the area in which the development is located;

That the more intensive uses allowed are recorded on the zoning district maps by appropriate symbols or by reference to documents on file with the community development director;

Where the planned unit development is to be located in a residential area the more intensive uses shall not be allowed unless the size of the planned unit development exceeds twenty-five (25) acres;

That in a combined use planned unit development the commercial buildings may not occupy more than twenty (20) percent of the land area devoted to commercial use.

(4)

The amount of off-street parking must be adequate to serve the needs of the projects and the town council may require more off-street parking than is otherwise required by this chapter.

(5)

(6)

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 06-18, § 4, 7-11-06)

Sec. 21-130. - PUD regulations—Residential.

(a)

In the case of residential uses permitted on the approved preliminary PUD plan, the following standards and provisions shall be required.

(1)

(2)

(3)

The maximum lot coverage of residential buildings shall not exceed thirty (30) percent.

(4)

(5)

(6)

(7)

(8)

(9)

Open space:

Percentage Points
12	Usable open space provided equals twenty-five (25) percent of site area which is not covered by buildings, parking and streets (private or public).
3—15	Dedication or donation of sites for public purposes such as schools, parks and public buildings (but not including streets) with the number of percentage points accumulated to be determined as based on the amount of land donated in proportion to the total size of the development as follows:

Percentage Points	Net Percent of Development Area Donated
3	5
6	10
9	15
12	20
15	25 or more

In the event that thirty (30) acres or more are dedicated for public use, the full fifteen (15) percentage points may be allowed.

Site planning design:

Percentage Points
2	Excellence in use of existing topography and/or land recontouring.
4	Excellence in siting buildings and building groups which may include variations in building setbacks.
2	Provision in design for courtyards, gardens and patios.
1	Proper consideration of sun and wind orientation.
1	Right-of-way provisions for riding, hiking and cycling.

Landscape planting and screening:

Percentage Points
1	Provision of a masonry wall or solid fence five (5) feet high on all peripheral lot lines with a less restricted use.
3	Excellence in quality and amount of standard trees and shrub planting, including peripheral and interior screen planting and fencing.

Facilities and amenities:

Percentage Points
5	Recreational facilities, which may or may not include a golf course, occupying one square foot for every five (5) square feet of residential floor area.
5	Swimming pool (five (5) for each pool not to exceed ten (10)).
1	Tennis courts (one for each court not to exceed five (5)) and playground recreation equipment.
5	Community center building and/or club.
3	Lakes and water features.
1	Provisions for pedestrian facilities such as plazas, trails, bicycle racks, interior sidewalks, benches, etc.
4	Use of sculpture, fountains, reflecting pools and similar features in design.

Traffic and parking:

Percentage Points
5	Provision of fifty (50) percent of all required parking in an enclosed structure or structures.
10	Provision of twenty-five (25) percent of required parking in an underground structure.
2	Parking lot design which includes standard tree and shrub planting.

(10)

Off-street parking spaces shall be provided in accordance with Article V of this chapter.

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-131. - PUD regulations—Commercial and industrial.

(a)

For commercial and industrial uses permitted on the approved preliminary PUD plan, the following standards and provisions shall be required:

(1)

The minimum parcel area for commercial or industrial planned unit developments shall be as follows based on the zoning district in which a majority of the PUD uses are allowed.

C-1	2 acres
C-2	2 acres
C-3	2 acres
C-5	5 acres
M-1	4 acres

Adjoining dedicated right-of-way may not be included for computing total area for qualification.

(2)

The land coverage of all principal and accessory buildings and structures shall not exceed the following requirements of the lot area for the zone districts:

C-1	45%
C-2	50%
C-3	50%
C-5	50%
M-1	70%

C-1	N/A
C-2	60%
C-3	65%
C-5	65%
M-1	N/A

(3)

All exterior lighting shall be shaded wherever necessary to avoid illumination of any adjacent property or streets or public rights-of-way.

(4)

Site development for commercial or industrial uses in a PUD shall be in accordance with the following:

A wall shall consist of decorative brick, stone, tile or similar type of masonry material a minimum of eight (8) inches thick (as provided in section 21-12).

Landscaping, consisting of standard evergreen and deciduous trees and shrubs in combination with vines and ground cover, shall be installed and maintained according to the following standards:

Within the off-street parking area, planting bays containing one standard tree for each ten (10) parking spaces are required.

Underground sprinkling facilities shall be provided for all landscaped areas.

Drainage areas can be considered as green space requirements, either wet or dry.

Existing topographic patterns shall be preserved, except where modifications will specifically contribute to increased utility of the site, and/or enhancement of the site.

(5)

Vehicular access shall be provided in conformance with standards and specifications of the Indiana State Highway Commission.

(6)

Off-street parking and loading facilities shall be provided in accordance with Article V of this chapter.

(7)

(8)

(9)

All signs shall conform with the regulations in Article VI of this chapter.

(10)

Yards and open spaces adjoining the boundaries of the development shall not be less than the yard requirements of the adjoining zoning districts.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 06-18, § 4, 7-11-06)

Sec. 21-132. - Approved trees for street planting.

Red Maple	Acer Rubrum
Sugar Maple	Acer Saccharum
Hackberry	Cletis Occidentalis
Marshall's Seedless Ash	Fraxinus Pennsylvanica 'Marshalli'
Ginkgo	Ginkgo Biloba
Moraine Honeylocust	Gleditsia Triocanthos 'Moraine'
Shademaster Honeylocust	Gleditsia Triacanthos 'Skyline'
Skyline Honeylocust	Gleditsia Triacanthos 'Skyline'
Sweetgum	Liquid Ambor Styraciflua
Red Oak	Quercus Borealis
White Oak	Quercus Alba
Pin Oak	Quercus Palustris
Littleleaf Linden	Tilia Cordata
Sycamore	Platanus Occidentalis
Kentucky Coffeetree	Gymocladus Dioicus

(Ord. No. 02-03, § 1, 2-12-02)

Sec. 21-133. - Trees, landscape plans and requirements.

(a)

Refer to section 19-226 for tree ordinances, landscape plan requirements and landscape standards required for development.

(Ord. No. 10-23, § 3, 6-8-10)

Sec. 21-136. - Use regulations for all districts.

Except as otherwise provided herein, regulations governing the use of land, buildings and structures in each use district are as shown in the schedule of permitted uses contained in this section.

SCHEDULE OF PERMITTED USES

P	=	Permitted Primary Use
S	=	Special Exception Use
A	=	Accessory Use
X	=	Use Not Permitted
*		See Definition

	Districts
Use	A-1	R-1	R-2	R-3	R-4	R-5	C-1	C-2	C-3	C-4E	C-5	M-1	M-2	F	PUD
Accessory apartment* (accessory to a single-family detached dwelling)	S	S	S	S	S	S	X	X	X	X	X	X	X	S	S
Accessory building* (see sections 21-10 and 21-12)	A	A	A	A	A	A	A	A	A	A	A	A	A	A	A
Accessory structure* (see section 21-12)	A	A	A	A	A	A	A	A	A	A	A	A	A	A	A
Accessory use* (see section 21-10)	A	A	A	A	A	A	A	A	A	A	A	A	A	A	A
Adult entertainment businesses* (see section 21-17)	X	X	X	X	X	X	X	X	X	S	X	S	X	X	X
Adult business establishments*(see section 21-17)	X	X	X	X	X	X	X	X	X	S	X	S	X	X	X
Agriculture use* (provided all buildings used for housing farm animals must be at least three hundred (300) feet from all property lines)	P	X	X	X	X	X	X	X	X	X	X	X	X	P	P
Airport*	S	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Amusement establishment as follows:
Indoor: Bowling alleys, pool halls, game arcades, gymnasiums, swimming pools, skating rinks, theaters or uses similar to those listed above as determined by the community development director.	X	X	X	X	X	X	X	S	S	X	X	X	X	X	P
Outdoor: Swimming pools, skateboard and dirtbike tracks, paint ball fields, skeet shooting ranges, drive-in theaters or uses similar to those listed above as determined by the community development director.	X	X	X	X	X	X	X	X	S	X	X	X	X	X	P
Animal hospital*	X	X	X	X	X	X	X	X	S	X	X	P	X	X	P
Art galleries, museums	X	X	X	X	X	X	X	P	P	X	X	X	X	X	P
Automobile service as follows: New automobile and/or truck dealership sales and service.	X	X	X	X	X	X	X	S	P	X	X	P	X	X	S
Automobile, truck, and/or trailer rental services, automobile repair, automobile parts sales, car wash (automatic and self), gasoline service station with or without repair, painting and customizing, RV and camper sales and service, tire and auto service center, auto convenience mart or uses similar to those listed above as determined by the community development director.	X	X	X	X	X	X	X	S	S	X	X	P	X	X	S
Automobile service as follows: Auto, truck, boat, recreational vehicle sales with an open sales lot or uses similar to those listed above as determined by the community development director.	X	X	X	X	X	X	X	X	S	X	X	P	X	X	P
Automobile wrecking yard*	X	X	X	X	X	X	X	X	X	X	X	S	X	X	X
Bed and breakfast*	S	S	S	S	S	S	X	X	X	X	X	X	X	X	P
Boarding house* for three (3) or more persons	X	X	X	X	S	S	X	X	X	X	X	X	X	X	X
Campground*	S	X	X	X	X	X	X	X	X	X	X	X	X	S	P
Car wash*	X	X	X	X	X	X	X	S	S	X	X	S	X	X	P
Cemeteries*/cremetory	S	S	S	S	S	S	X	X	X	X	X	X	X	X	P
Child care ministry* (operated by a religious use)	A	A	A	A	A	A	A	A	A	X	A	X	X	X	A
Child care institution*	S	S	S	S	S	S	S	S	S	X	S	X	X	X	P
Child care home* (Class I, six (6) to twelve (12) children or Class II, twelve (12) to sixteen (16) children)	P	P	P	P	S	S	S	S	S	X	S	X	X	X	P
Child care center* (seventeen (17) or more children)/adult care center	S	S	S	S	S	S	S	S	S	X	S	X	X	X	P
Clinic*	X	X	X	X	X	S	S	P	P	X	P	X	X	X	P
Club*/hall or lodge	S	X	X	X	S	S	X	S	P	X	X	X	X	X	P
Colleges universities, public and private	S	X	X	X	S	S	X	S	S	X	X	X	X	X	P
Community center, public or private	S	S	S	S	S	S	S	P	P	X	X	X	X	X	P
Contractors office with outside storage	X	X	X	X	X	X	X	X	X	X	X	P	X	X	X
Convents, monasteries and seminaries	P	S	S	S	S	S	S	S	X	X	X	X	X	X	P
Dwelling, caretaker*	X	X	X	X	X	X	P	P	P	P	P	P	P	P	P
Dwelling, three-family*	X	X	X	P	P	P	X	X	X	X	X	X	X	X	P
Dwelling, four-family*	X	X	X	P	P	P	X	X	X	X	X	X	X	X	P
Dwelling, manufactured home*	P	P	P	P	P	P	X	X	X	X	X	X	X	X	P
Dwelling, mobile* located in a mobile home park	X	X	X	X	X	S	X	X	X	X	X	X	X	X	P
Dwelling, modular home*	P	P	P	P	P	P	X	X	X	X	X	X	X	X	P
Dwelling, multiple family* (five (5) dwellings or more)	X	X	X	X	P	P	X	X	X	X	X	X	X	X	P
Dwelling, two-family*	X	X	X	P	P	P	X	X	X	X	X	X	X	X	P
Dwelling, single-family*	P	P	P	P	P	P	X	X	X	X	X	X	X	X	P
Efficiency dwelling unit*	X	X	X	P	P	P	X	X	X	X	X	X	X	X	P
Entertainment/performance excluding adult entertainment	X	X	X	X	X	X	X	S	S	P	X	X	X	X	X
Entertainment/performances* (see adult entertainment section 21-17)	X	X	X	X	X	X	X	X	S	P	X	X	X	X	X
Essential services*	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
Essential services* accessory buildings	S	S	S	S	S	S	S	S	S	S	S	S	S	S	P
Farms and farm buildings* (provided all buildings used for housing farm animals must be at least three hundred (300) feet from all property lines).	P	X	X	X	X	X	X	X	X	X	X	X	X	X	P
Food sales and service as follows: Bakery, candy store dairy, delicatessen, grocery, convenience store, meat market, carry out food only, or uses similar to those listed above as determined by the community development director.	X	X	X	X	X	X	P	P	P	X	X	X	X	X	P
Food sales and service as follows: Restaurant, drive-in restaurant or drive thru restaurant, or uses similar to those listed above as determined by the community development director.	X	X	X	X	X	X	S	S	S	S	X	X	X	X	P
Funeral parlor/crematory	X	X	X	X	X	X	X	S	S	X	X	S	X	X	P
Gaming facility/off track betting	X	X	X	X	X	X	X	S	S	S	X	X	X	X	X
Garage sale* (see section 21-16)	A	A	A	A	A	A	X	X	X	X	X	X	X	A	A
Garage, private* (see section 21-77)	A	A	A	A	A	A	S	P	P	X	X	X	X	A	A
Group home* (up to ten (10) individuals)	S	S	S	X	X	X	X	X	X	X	X	X	X	X	P
Golf course	P	S	S	S	S	S	X	X	X	X	X	X	X	S	P
Home day care center* (five (5) or less children)	A	A	A	A	A	A	X	X	X	X	X	X	X	X	A
Home occupation* (see section 21-76)	A	A	A	A	A	A	X	X	X	X	X	X	X	X	A
Hospital, sanitarium, sanatorium or preventorium*	S	S	S	S	S	S	X	S	S	X	P	X	X	X	P
Hotel*	X	X	X	X	X	X	X	P	P	X	X	X	X	X	P
Junk yard*/recycling center	X	X	X	X	X	X	X	X	X	X	X	S	X	X	X
Kennel*	S	X	X	X	X	X	X	X	S	X	X	S	X	X	X
Land excavation	S	X	X	X	X	X	X	X	X	X	X	S	X	X	X
Laundromat/dry cleaning with attendant on duty at all times during business hours	X	X	X	X	X	X	P	P	P	X	X	X	X	X	P
Liquor store*	X	X	X	X	X	X	S	P	P	P	X	X	X	X	P
Manufacture, assembly or repair of: Appliances, bottling of beverages or food, cloth products, electrical equipment and components, jewelry, leather, mattresses, medicine, musical instruments, office equipment and machinery, optical goods, paper and paper products, pharmaceutical products, phonograph records and compact discs, tools and implements, toys or uses similar to those listed above as determined by the community development director.	X	X	X	X	X	X	X	X	X	X	X	P	P	X	P
Mobile food vendors	X	X	X	X	X	X	A	A	A	A	X	X	X	X	A-C
Mobile home parks* see Chapter 11 Mobile Homes and Mobile Home Parks	X	X	X	X	X	S	X	X	X	X	X	X	X	X	P
Motel*	X	X	X	X	X	X	X	P	P	X	X	X	X	X	P
Motor freight terminal*	X	X	X	X	X	X	X	X	X	X	X	S	S	X	X
Nursery*	P	S	S	X	X	X	X	P	P	X	X	P	X	X	P
Nursing home or assisted living facility*	X	X	X	S	S	S	S	S	S	X	X	X	X	X	P
Offices (business or professional) as follows: Architect, artist, attorney, bank machines, bank/savings & loan, credit union, clinic*, dentist, design services, engineer, insurance agent, medical and dental laboratories, massage therapy, musician, optometrists, other professionals, physician, pharmacist, photographic studio, real estate, service organization, travel agency, or uses similar to those listed above as determined by the zoning director.	X	X	X	X	X	S	P	P	P	X	P	P	X	X	X
Parking lots* and structures (see section 21-172)	A	A	A	A	A	A	A	A	A	A	A	A	A	A	A
Parks and playgrounds publicly owned and operated	P	P	P	P	P	P	X	X	X	X	X	X	X	P	P
Parks and playgrounds privately owned and operated	S	S	S	S	S	S	X	X	X	X	X	X	X	S	P
Personal services as follows: Barber shop, beauty shop; health spa, nail salon, tanning salon or uses similar to those listed above as determined by the community development director.	X	X	X	X	X	X	P	P	P	P	X	X	X	X	P
Personal services as follows: Body painting, body piercing or tattoo shop, or uses similar to those listed above as determined by the zoning director	X	X	X	X	X	X	X	X	S	X	X	X	X	X	S
Personal storage building*	X	X	X	X	X	X	X	X	X	X	X	P	S	X	P
Pole building*	P	X	X	X	X	X	X	X	X	X	X	P	X	P	P
Produce stands for sale of products raised on the premises	A	X	X	X	X	X	X	X	X	X	X	X	X	A	X
Public buildings for governmental functions	S	S	S	S	S	S	P	P	P	S	S	S	S	S	P
Public transportation facilities	X	X	X	X	X	X	X	S	S	X	X	P	X	X	X
Recording studio	X	X	X	X	X	X	X	S	P	X	X	X	X	X	X
Religious use*	P	S	S	S	S	S	S	S	S	X	X	X	X	X	P
Rental office for residential developments	X	X	X	A	A	A	X	X	X	X	X	X	X	X	A
Research laboratory*	X	X	X	X	X	X	X	S	S	X	P	P	S	X	P
Residential facility for the developmentally disabled*	P	P	P	P	P	P	X	X	X	X	X	X	X	X	P
Residential facility for the mentally ill* if located more than three thousand (3,000) feet from another residential facility for the mentally ill as measured between lot lines.	P	P	P	P	P	P	X	X	X	X	X	X	X	X	P
Retail sales stores and shops as follows: Apparel, antiques, art supplies, bakery, bicycle, books, camera and photographic, carpet, china and glassware, coins and philatelic, computers, convenience items, drug and pharmaceutical, electronic equipment, fireworks sales within a permanent building, floral, home appliances, household furniture, garden supply, gifts, hardware, hobby, interior decorating, jewelry, locksmith, millinery, musical instruments, newsdealer, office supply, paint and wallpaper, pawn shops, printing/copier shops, sporting goods, stationery, or uses similar to those listed above as determined by the community development director.	X	X	X	X	X	X	P	P	P	X	X	X	X	X	P
Schools, commercial or trade	S	X	X	X	S	S	X	S	S	X	X	S	S	X	P
Schools, public or private with or without boarding	P	S	S	S	S	S	X	S	S	X	X	S	S	X	P
Stables for quartering or renting of horses, provided all buildings used for housing animals must be at least three hundred (300) feet from all property lines.	S	X	X	X	X	X	X	X	X	X	X	X	X	S	S
Telecommunications tower fifty (50) to one hundred ninety-nine (199) feet high (see section 21-18)	S	X	X	X	X	X	X	X	S	S	X	P	S	X	X
Tavern*	X	X	X	X	X	X	S	P	P	P	X	X	X	X	P
With live entertainment or food service	X	X	X	X	X	X	S	S	S	S	X	X	X	X	P
Temporary uses, structures and buildings* (see section 21-16)	A	A	A	A	A	A	A	A	A	A	A	A	A	A	A
Transportation facility, public including terminals, parking areas and service buildings	X	X	X	X	X	X	X	X	S	X	X	P	X	X	X
Used car lot not with new dealership	X	X	X	X	X	X	X	S	S	X	X	X	X	X	X
Warehouse*	X	X	X	X	X	X	X	X	X	X	X	P	P	X	P
NOTE: PUD permitted uses must be approved as part of a final PUD plan.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 06-18, § 4, 7-11-06; Ord. No. 07-58, 1-8-08; Ord. No. 12-38, § 2, 8-14-12)

Sec. 21-137. - Area, bulk, height and placement regulations for all districts.

Except as otherwise provided herein, regulations governing area, bulk, height and placement are as shown in the schedule of permitted uses contained in this section.

SCHEDULE OF AREA, BULK, HEIGHT AND PLACEMENT REGULATIONS

Regulations	A-1	R-1	R-2	R-3	R-4	R-5	C-1	C-2	C-3	C-4E	C-5	M-1	M-2	F	PUD
Minimum Lot Area (sq. ft.)	10 Ac.	15,000	10,000	See Sec. 21-83	See Sec. 21-84	See Sec. 21-85	10,000	10,000	10,000	10,000	10,000	1 Ac.	2.5 Ac.	15,000	See Secs. 21-130 & 21-131
Minimum Lot Area Per Dwelling	10 Ac.						—	—	—	—	—	—	—	10,000
Single-Family	—	15,000	10,000	10,000	10,000	10,000
2-Family	—	—	—	6,000	6,000	6,000
3- and 4-Family	—	—	—	4,500	4,500	4,500
Multiple-Family	—	—	—	—	4,300	3,900
Other Permitted Use	2 Ac.	15,000	10,000	10,000	10,000	10,000
Minimum Lot Width (ft.)	300	100	80	80	100	100	100	100	100	100	100	100	300	100
Maximum Floor Area Ratio	N/A	0.6	0.6	0.6	0.6	0.6	0.8	1.3	2.0	1.3	0.8	1.0	0.5	0.6
Maximum Height (ft.)	35	35	35	35	40	40	30	50	70	30	120	30	65	35
Required Yard Setback Minimum in Feet—See Thoroughfare Plan Section 19-224
Front (3)*	40	30	30	30	30	30	30	60	60	60	40	40	60	30
Sides (each)	25	10	6	6	15	15	10	10	10	25	25	20	30	10
Rear	40	40	30	30	40	40	20	20	20	40	40	20	30	40
Minimum Floor Area for Dwellings (sq. ft.)
Single-Family	1,500	1,500	1,200	1,200	1,000	1,000	—	—	—	—	—	—	—	1,500	1,000
2-Family	—	—	—	850	850	850	—	—	—	—	—	—	—	—	850
3-Family	—	—	—	750	750	750	—	—	—	—	—	—	—	—	750
4-Family	—	—	—	750	750	750	—	—	—	—	—	—	—	—	750
Minimum Floor Area for Dwellings (sq. ft.) — Multiple-Family
One Bedroom	—	—	—	—	750	750	—	—	—	—	—	—	—	—	750
Two Bedroom	—	—	—	—	800	800	—	—	—	—	—	—	—	—	800
Efficiency/Studio	—	—	—	—	650	650	—	—	—	—	—	—	—	—	650
Notes							(1)*								(2)*

NOTES:
(1)*	Each business establishment is restricted to no more than five thousand (5,000) square feet of floor area.
(2)*	See sections 21-126 through 21-131 for planned unit development regulations.
(3)*	See section 19-224 of the subdivision regulations.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 05-08, 4-12-05)