The following standards shall be minimum requirements for uses permitted in this chapter. Because of the special character of the central business zone, the parking and loading facilitIes shall be developed as a part of a general plan based on location, system of streets and highways, and transit. The facilities may be developed by financial interests which may lease them to parking operators; by the city and operated by it or by private operators; by a group of merchants or investors; or by a single owner or partnership.

(Code 1968, § 130.230)

(A)

Purpose. In order to reduce congestion in public streets and highways and to provide increased safety for the general public, every use of land shall be suited with on-site parking, loading and unloading facilities as required by this section.

(B)

Definition. For the purpose of this chapter, a "parking space for one vehicle" shall consist of not less than 162 square feet of area, exclusive of drives, aisles, and other necessary means of access, with free access from a public way. Each required parking space shall be designed so that any motor vehicle may proceed to and from said space without requiring the moving of any other vehicle or by passing over any other parking space, except where the parking area is limited to employees.

(C)

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

(1)

Off-street parking facilities shall be opaquely screened from any residence zone, or any one- or two-family dwelling, with a suitable buffer or fence not less than five feet in height.

(2)

All land used for off-street parking, and all driveways thereto, shall be paved or surfaced, for the duration of its use, in accordance with the most recent specifications of the city or county engineer to avoid nuisances of dust and erosion and shall be drained in a manner which shall meet the minimum required in such specifications.

(3)

Any light used to illuminate land used for off-street parking or driveways thereto shall be installed and maintained so as to reflect the light away from any Residence Zone and any one-or two-family dwelling.

(4)

Whenever the intensity of use of any building, structure or land shall be increased through the addition of dwelling units, floor area, beds, seating capacity or other unit of measurement, parking and loading facilities as required in the section shall be provided, but only to the extent of such increase.

(5)

All off-street parking and loading facilities shall be designed with appropriate means of vehicular access to a public street or alley in a manner which will least interfere with traffic movement. No off-street parking space shall be designed to require backing of a vehicle into a public street.

(6)

All parking lots must have parking spaces designated for individuals with disabilities. The International Symbol of Accessibility must be clearly visible from the entrance of the lot and should designate each spot. The sign is to be located above the grade and placed so that it is visible when a vehicle is parked in the space.

a.

At least two percent of all parking spaces in each lot must be accessible, in accordance with the standards of this paragraph. (See Table C-6) These spaces are to be on the shortest possible accessible route to an accessible building entrance. The parking spaces must be located on level terrain with surface slopes that do not exceed two percent in all directions.

b.

Access aisles must be provided that have a minimum width of five feet and length of 20 feet, adjacent and parallel to the vehicle pull-up space. The design and layout of these spaces will follow guidelines indicated by Americans with Disabilities Act parking requirements diagram in the design manual.

c.

For every six accessible spaces, one space is to be marked for vans. Van parking spaces must have adequate vertical as well as horizontal clearance. This affects parking garage ceilings and potential obstacles such as tree limbs. A minimum height of 98 inches and width of 16 feet is required to accommodate both parking space and an access aisle.

_____

Table C-6
Minimum Number of Accessible Parking Spaces
ADA Standards for Accessible Design 4.1.2(5)

* one out of every 8 accessible spaces

** 7 out of every 8 accessible parting spaces

(7)

Parking spaces and maneuvering aisles shall have the minimum dimensions set forth in the following table. The parking angle shall be measured between the centerline of the parking space and the centerline of the aisle.

Minimum Parking Space and Aisle
Dimensions for Parking Areas

(8)

For parking areas containing 20 or more spaces, up to 15 percent of the required parking spaces may be landbanked as green space at the discretion of the owner/developer.

(9)

Off-street parking areas may be located in any front, side or rear yard area provided the following green belts are maintained:

Ten feet along any public roadway measured from the property line; and five feet along any side and/or rear property line adjacent to or abutting a residence zone.

No off-street parking area shall extend into any proposed right-of-way as set forth in the official thoroughfare plan. Whenever any green belt and/or landscaped area, provided to meet the requirements of this section, is removed by a public road widening project, the property from which the green belt or landscaped area has been removed shall still be considered in compliance with this section.

(D)

Off-street loading and unloading. There shall be provided and maintained space for vehicles standing, loading, and unloading on the same premises with every building, structure, or part thereof hereafter erected, established, or enlarged and occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, laundry, dry cleaning, and uses involving the receipt and distribution by vehicles of material or merchandise, as follows: 12-foot by 35-foot loading space with fourteen-foot height clearance for every 20,000 square feet or fraction thereof of floor area in excess of 6,000 square feet of floor area used for the above mentioned purposes, or for every 20,000 square feet or fraction thereof of land used. This requirement shall be separate and apart from any and all other off-street parking requirements.

(E)

Off-street parking. The following off-street parking requirements shall be provided and maintained in conformity with the provisions of this chapter:

For uses not listed, the most similar category shall be used as determined by the Administrative Zoning Officer. The following standards and categories shall be used for retail:

General retail 3.3 spaces per 1,000 GFA

Convenience retail 4 spaces per 1,000 GFA

Service retail 2.4 spaces per 1,000 GFA

Temporary retail 3.3 spaces per 1,000 GFA

(F)

Special conditions. A church may, by agreement approved by the administrative zoning officer and filed with the plan commission office, use adjoining parking facilities when the same are not in use, instead of providing its own. A group of business or industrial uses may provide a joint parking area if the number of spaces in the area equals or exceeds the aggregate of the spaces required for the several uses. Where there may be more than one use in the same building or structure, the total off-street parking requirement shall be the sum of the requirements specified herein for each of the various uses.

(G)

Bicycle parking. Bicycle parking spaces shall be provided in accordance with the requirements set forth as follows:

(1)

Location and placement standards:

(a)

Bicycle parking shall be located as close or closer than the nearest car parking space to the building entrance, other than those spaces for persons with disabilities.

(b)

Bicycle parking facilities shall not interfere with accessible paths of travel or accessible parking as required by the American with Disabilities Act of 1990.

(c)

Bicycle racks shall not block the building entrance or inhibit pedestrian flow.

(d)

Bicycle racks shall be located to protect bicycles from damage from automobiles.

(e)

Bicycle parking shall be visible, well lit, and as convenient to cyclists as auto parking is to drivers.

(f)

All bicycle racks shall be designed to minimize visual clutter and be maintained in good condition.

(g)

All bicycle racks shall be securely anchored to the ground or building surface.

(h)

In cases where bicycle parking spaces are not visible from the primary street, signage shall be used to direct cyclists safely to bicycle parking areas.

(2)

Design standards:

(a)

Each bicycle rack shall be designed to accommodate a minimum of two bicycle parking spaces.

(b)

Bicycle racks shall be designed to accommodate U-shaped locking devices and support the bicycle in two places.

(c)

Bicycle racks shall be designed to resist cutting, rusting, bending and deformation.

(d)

The surfacing of such facilities shall be designed and maintained to be mud and snow free.

(e)

Required bicycle parking spaces shall be at least four feet wide by six feet long.

(f)

An access aisle of at least four feet shall be provided in each bicycle parking facility.

(g)

Such space shall have a vertical clearance of at least six feet.

(h)

Bicycle racks shall be placed on 48-inch centers.

(3)

When the intensity of use of any building, structure or premises shall be increased through additional number of dwelling units, gross floor area, seating capacity or other units of measurement specified herein that requires additional automobile parking spaces, bicycle parking as required herein shall be provided for such increase in intensity of use.

(4)

A reduction in the minimum required automobile parking is allowed equal to the percentage of bicycle parking spaces provided, with a five-percent maximum reduction.

(5)

Bicycle parking spaces shall be based on the required automobile parking spaces and shall be provided in accordance with the following:

(Code 1968, § 130.231; Ord. No. 12-95, §§ 1—3, 5-8-95; Ord. No. 50-04, § 1, 4-4-05; Ord. No. 6-11, § 1, 5-2-11; Ord. No. 40-22, §§ 6, 7, 12-5-22)

(A)

Purpose.

(1)

The purpose of this section is to promote and protect the public health, welfare, and safety of the community and its people by regulating existing and proposed outdoor advertising and outdoor signs of all types.

(2)

This section is also intended to protect property values; create a more attractive and economically vital business climate; enhance and protect the physical appearance of the community; preserve the scenic and natural beauty; and to provide more enjoyable and pleasant living conditions. The intent of this section is also to reduce the incidence of signs or advertising distractions which may contribute to traffic accidents by their placement.

(B)

General provisions.

(1)

General definition of sign. Hereafter a general definition of a "sign" shall mean an identification, description, illustration, or device which is affixed to or erected upon a property or tract of land, a building or a structure, and which directs attention to a product, place, activity, service, institution, or business. All supports, poles, wires, and other sign apparatus shall be defined as part of a sign, and shall be referred to as sign apparatus.

(2)

Existing signs—Conforming.

(a)

Definition. A "conforming sign" is a sign which meets the provisions established in the Code.

(b)

Provisions. The lawful location and maintenance of conforming signs existing at the time of the enactment of this Code and any amendments thereof may be continued provided that the following conditions are met: That the existing sign is not expanded or reduced in size, or relocated in such a manner that would make the existing sign unlawful; that no additional signs are placed on the same sign apparatus, upon which the existing sign is located, in such a manner that would make the existing sign or sign apparatus unlawful; that an approved sign permit was obtained for the existing sign. When changes to an existing conforming sign are necessary, no such existing sign shall be expanded or reduced in size, or relocated without first obtaining an approved sign permit from the administrative zoning officer.

(3)

Existing signs—Nonconforming.

(a)

Definition. A "nonconforming sign" is a sign which does not meet the provisions established in the Code.

(b)

Provisions. The lawful use of a nonconforming sign, existing at the time of the enactment of this Code and any amendments thereof, may be continued provided that the following conditions are met: That the existing sign is not expanded in size, or relocated, unless the expansion or relocation brings the sign into conformity with the Code; that no additional signs are placed on the same sign apparatus upon which the existing sign is located; and that the existing sign is not located within the proposed or existing rights-of-way as designated by the Official Thoroughfare Plan-City of Muncie (1979). When changes to an existing nonconforming sign are necessary to bring the sign into conformity, no such existing sign shall be expanded in size, or relocated, without first obtaining an approved sign permit from the administrative zoning officer.

Whenever any existing nonconforming sign shall become damaged, by any means, so as to cause a need to replace more than 50 percent of the sign and sign apparatus, said sign shall be repaired or reinstalled in compliance with the provisions of this section, thereby creating a conforming sign.

Except for ordinary maintenance, poster panel replacement, copy changes or lettering or repair not involving structural material or electrical changes, no nonconforming outdoor advertising signs or part thereof shall be erected, altered, constructed, changed, converted, re-erected, additionally illuminated, reduced in size, enlarged or moved unless the entire nonconforming outdoor advertising sign and structure is brought into conformance with the provisions of this section.

(4)

Existing signs—Deteriorated or inactive.

(a)

Definitions.

1.

"Deteriorated." A sign that is in a poor or dangerous condition, such as, but not limited to, broken or leaning sign apparatus, portions of the sign missing, or chipping of paint.

2.

"Inactive." A sign which no longer directs attention to a business, activity, service, or product sold or provided on the premises.

(b)

Provisions. When a sign has been deteriorated or inactive for a period of 30 days, the owner of the sign or the owner of the property upon which the sign is located, shall, upon written notice from the administrative zoning officer, remove the sign. The sign shall be removed within 30 days from the date of the notice sent to remove the sign. Failure to comply with the order shall authorize the officer to initiate action for the removal of the deteriorated or inactive sign.

(5)

Liability insurance. Any sign installing company which applies for a sign permit must have on file with the building commissioner's office, a current certificate of liability insurance, covering bodily injuries, including death, with limits of not less than $100,000.00 for each person and $300,000.00 for each accident and $25,000.00 in property damage. The liability policy shall carry an endorsement saving the city from any claims, demands, or causes of action resulting from, in any manner, the erection or installation of the sign by the sign installation company.

(6)

Multiple frontages. Each side of a building or structure is to be considered separately for purposes of determining compliance with the provisions of this Code.

(7)

Multiple uses of a sign apparatus. When more than one sign is to be located, added to, or placed on the same sign apparatus as previously erected signs exist, all signs, existing and proposed, must meet the provisions of this Code, prior to the issuance of any additional sign permits.

(8)

Overall height. Notwithstanding the provisions of this Code, no sign shall at any point be over 45 feet in height above grade level unless the sign is located on a building which has a maximum permitted building height greater than 45 feet.

(9)

Rights-of-way. Notwithstanding the provisions of this Code, no sign shall be located or maintained within the proposed or existing right-of-way of any street or highway, as designated by the Official Thoroughfare Plan of the City of Muncie (1979). An exception to this requirement shall include a projecting sign, which may be located over public property, but shall not extend nearer to the curb line than five feet.

(10)

Setback from residence in a residential zone. Notwithstanding the provisions of this section, no sign shall be located closer than 50 feet to a residence in a residential zone, a school, or a church.

Notwithstanding the provisions of this section, any outdoor advertising sign shall be located in such a way that they maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with the national electrical safety code, provided that in no case shall an outdoor advertising sign be erected closer than ten feet horizontally or vertically from any conductor or public utility guide wire.

(11)

Total number of on-premise signs per property. The total number of on-premise signs for a property having a commercial or industrial use located thereon shall be based on the following formula: Two on-premise signs shall be permitted on each separate street frontage. However, where there are multiple uses on a single property, each occupant thereon is permitted a maximum of two on-premise signs.

(12)

Repair and maintenance. In the event any sign becomes damaged so as to create a potential hazard to the public health, safety and welfare and is in need of emergency repair and/or maintenance, all signs shall have the name of a contact person and a telephone number posted on the sign and/or sign apparatus, visible at all times. Such information shall also be provided as a part of the application record when obtaining any sign permit.

(C)

Permitted signs not requiring a sign permit. The following signs shall be allowable in all zoning districts: Directional or warning sign; political sign; public service sign; real estate sign; real estate development sign.

(1)

Directional or warning sign.

(a)

Definition. Signs solely identifying situations of a directional, cautionary, or dangerous nature when public signs are not functional, such as, but not limited to, an entrance or exit sign.

(b)

Provisions. If illuminated, the light source shall not be directed towards any street or any adjoining property in a residence zone. Signs identifying ingress and egress points of a property shall be placed in such a manner as not to interfere with the visibility of motorists or pedestrians.

(2)

Political sign.

(a)

Definition. A sign relating to the election of a person to public office, to a political party or group, or to a matter to be voted upon at an election called by a public body.

(b)

Provisions. A political sign shall be removed within ten days following the election. A winning candidate in a primary election may maintain his sign until ten days following the general election. The person responsible for the removal of a political sign is the owner of the property upon which said political sign is located. If such signs are not removed within the specified time period, the administrative zoning officer may initiate action for removal of the sign.

(3)

Public service sign.

(a)

Definition. A sign required or specifically authorized for a public purpose.

(b)

Provisions. A public service sign can be any especially licensed sign, permitted by a legislative body, by franchise or by special license such as a sign on a bus, bench, or trash receptacle. A public service sign may be a sign established by a public service agency as an aid to safety or service. A public service sign can also be a governmental or traffic sign.

(4)

Real estate sign.

(a)

Definition. A clearly temporary sign, pertaining only to the sale, lease, or rental of the premises upon which it is displayed.

(b)

Provisions. A real estate sign shall not be illuminated and it shall be removed within ten days after the sale, lease, or rental of the property or premises.

(5)

Real estate development sign.

(a)

Definition. A business sign placed on the premises of a subdivision or other real estate development.

(b)

Provisions. In the case of a real estate development sign, no sign shall be closer to an existing building than 100 feet. In a development of less than one acre, or having a frontage under 400 feet on the street on which the sign is to be placed, the minimum distance to a residence in a residential zoning district, which is not part of the development shall be at least 50 feet. The maximum time for an individual sign to remain on the premises shall be 12 successive months. Signs shall be removed when the development is completed or if the same would cease.

(D)

Permitted signs requiring a sign permit. Allowable in all zoning districts.

(1)

Home occupation sign.

(a)

Definition: A sign stating solely the name of a person and the name of the permitted home occupation.

(b)

Provisions: A home occupation sign shall be permitted only when the property has obtained a special use home occupation approval from the metropolitan board of zoning appeals. The maximum size shall be one square foot and it shall be placed flat against the residential structure. A home occupation sign shall not be illuminated in any manner. A sign permit shall be obtained prior to placement of a home occupation sign.

(2)

Identification sign:

(a)

Definition. An identification sign shall mean a ground or wall sign stating the name of a person, firm or description of a permitted use.

(b)

Provisions. Signs may be used by professional, semi-professional, public, semi-public and religious institutions. One sign shall be permitted for each building entrance. If illuminated, the light source shall not be directly visible from any street or adjoining property in a residence zone. A sign permit shall be obtained prior to placement of an identification sign.

(E)

Permitted signs requiring a sign permit. The following signs are allowable in nonresidential zoning districts: ground sign; off-premise sign; pole sign; projecting sign; roof sign; temporary sign; wall sign.

(1)

Ground sign.

(a)

Definition. A low profile, on-premise sign completely or principally self-supported by posts or other sign apparatus independent of any building or other structure.

(b)

Provisions. A ground sign shall not at any point be over three feet in height above grade level when such sign is located within five feet of the right-of-way line. When located five or more feet from the right-of-way line, no ground sign shall at any point be over eight feet in height above ground level. A ground sign shall not be closer than three feet to any building, or ten feet to any other sign. Lighting reflectors shall not be more than six feet away from the ground sign which they are designed to illuminate. A sign permit shall be obtained prior to the placement of a ground sign.

(2)

Off-premise sign.

(a)

Definition. A sign which directs attention to a use, business, product, service, or activity not conducted, sold, or offered upon the premises where the sign is located.

(b)

General provisions. Off-premise signs shall have six-foot clearance beneath the sign board including cut-outs. Extensions allowed shall not exceed 200 square feet in area. Maximum extension of cut-outs shall be: Above the sign board-six feet, below the sign board—one foot, and any sides of the sign board—three feet. An off-premise sign shall be permitted within existing building lines. A sign permit shall be obtained prior to the placement of an off-premise sign.

(c)

Special provisions.

1.

Farming (F) Zoning District exclusive. A minimum distance to another legally established off-premise sign shall be 750 feet between signs on the same side of any street or highway. An off-premise sign shall not be placed closer than 100 feet to the cross section of any intersection, railroad on-grade crossing, or ingress-egress drive or entrance. An off-premise sign shall have a minimum side yard setback of three feet from the side property line and a minimum ten foot setback from the right-of-way line of any street or highway. There shall not be more than two off-premise signs per mile on the same side of any street or highway. There shall be a minimum distance of not less than 200 feet to any existing residence, church, school, or other facility of common human use.

2.

Non-farm, non-residential zones. Off-premise signs shall be prohibited in the following zones: R-1 Residence, R-2 Residence, R-3 Residence, R-4. Residence, R-4A Residence, R-5 Residence, R-6 Residence, BP Business and Professional Office, SSS Student Social Service, and MHR Mobile Home Residence.

Off-premise signs may be permitted in the following zones provided the provisions of this Code are met as well as all applicable building codes and permit regulations: F Farming, BL Limited Business, BC Community Business, CB Central Business, BV Variety Business, MT Major Trading, IL Limited Industrial, II Intense Industrial, IP Industrial Park and AD Airport Development.

The number of off-premise signs shall be limited to not more than one such sign per 1,000 feet, linear measure, on and along both sides of any street or highway. A minimum distance from one off-premise sign to another legally established off-premise sign shall be 1,000 feet, linear measure, taken on and along the right-of-way lines on both sides of a street or highway.

The maximum area of display surface per off-premise sign shall not exceed 300 square feet. Only single-faced back-to-back sign boards shall be permitted.

An off-premise sign shall not be placed closer than ten feet to any right-of-way line of any street or highway carrying two lane traffic, excluding turn lanes, acceleration/ deceleration lanes and passing blisters. An off-premise sign shall not be placed closer than 25 feet to any right-of-way line of any street or highway carrying four lane traffic, excluding turn lanes, acceleration/deceleration lanes and passing blisters.

There shall be a minimum distance of not less than 60 feet from an off-premise sign to any residence or to any residence zone. There shall be a minimum distance of not less than 200 feet from an off-premise sign to any school, church or institution for human care.

The City of Muncie administrative zoning officer shall prepare and maintain a map indicating the location of all off-premise sign sites within the corporate limits of the city and the number of off-premise signs on each site. An off-premise sign site shall be that area described by legal description on the deed to the property as recorded in the office of the Delaware County recorder at the time of enactment of this amendment.

Based on the number of off-premise sign sites existing at the time of enactment of this amendment, the number of sites may be increased by one percent per year. The beginning one-year period shall start from the date of passage of this amendment to December 31, 1985, with each successive one-year period running from January I to December 31 thereafter.

For off-premise sign sites in existence prior to this amendment, an off-premise sign permit may be issued provided that there shall be not more than one off-premise sign per site, that the site is vacated by the discontinuance and removal from the site of all off-premise signs and that the off-premise sign and its location shall be in conformance with all applicable provisions of this section. Off-premise sign permits may be issued under this provision at any time as regulated.

For off-premise sign sites created by the one-percent growth rate, an off-premise sign permit may be issued provided that there shall be not more than one off-premise sign per site, that the off-premise sign and its location shall be in conformance with all applicable provisions of this section, and that there shall be not more than one permit issued within any ten-day period to an owner of an off-premise sign. When the number of permits issued equal the number of newly created sites, no new permits shall be issued under this provision until the next one-year period begins.

(3)

Pole sign.

(a)

Definition. A high-profile, on-premise sign completely or principally self-supported by posts or other sign apparatus independent of any building or other structure.

(b)

Provisions. A pole sign shall have a minimum clearance of ten feet between the bottom of the face of the sign and grade or sidewalk level. If the pole sign is supported by more than one pole, the space between the poles shall not be enclosed in a manner which would impair general public visibility. The maximum width of pole covers shall be the sum total of 18 inches in a horizontal direction, plus the width of the pole covered. No pole sign shall be erected in excess of 45 feet in vertical height or 300 square feet in area per side. All bolted installation to concrete bases must have ground rods. Once a pole sign becomes inactive, as defined in this code, the pole or sign apparatus must be removed along with the sign itself. A sign permit shall be obtained prior to the placement of a pole sign.

(4)

Projecting sign.

(a)

Definition. An on-premise sign attached to a building or structure and extending wholly or partly beyond the surface of the portion of the building or structure to which it is attached; or extending beyond the building line; or over public property.

(b)

Provisions. A projecting sign shall be placed at a distance not greater than two feet from the face of the wall to which it is attached, measured from the part of the sign nearest thereto. No projecting sign or part thereof shall extend nearer to the curb line than five feet, nor be placed lower than ten feet above grade or sidewalk level. No projecting sign shall be erected to a height greater than 60 feet above grade or higher than the cornice of any building which is three stories or more in height, unless the same be entirely of steel skeleton construction and shall present only 40 percent of the solid surface area to be affected by wind pressure. No projecting sign shall be erected when the area of one face of the sign shall exceed 240 square feet in area. Any movable part of the sign shall have an area not to exceed 100 square feet for a vertical sign, or 50 square feet for a horizontal sign. No projecting sign shall be secured with wood, nails, or wire, unless with seven strand guy wire; nor shall any projecting sign be hung or secured to any other sign. Turnbuckles shall be placed in all chains and guy wires supporting a projecting sign weighing 200 pounds or more. A projecting sign exceeding ten square feet in area or 50 pounds in weight shall not be attached to nor supported by frame buildings, nor wooden framework of a building. Other projecting signs shall be attached to masonry or like walls, with galvanized expansion bolts at least three-eighths inch in diameter or shall be fixed in the wall by means of bolts extending through the wall. Projecting signs shall have no reflectors of the goose-neck type. No glass faces can be used in projecting signs, any other glass used shall be safety or plate glass at least one-fourth inch in thickness. A sign permit shall be obtained prior to the placement of a projecting sign.

(5)

Roof sign.

(a)

Definition. An on-premise sign erected, constructed, or maintained upon the roof of any building or structure.

(b)

Provisions. No roof sign shall project beyond the outer edge the walls of the building in any direction. No roof sign having a tight, closed, or solid surface shall at any point be over 25 feet above the roof level. No roof sign with a tight, closed, or solid surface shall be erected on any building four stories or over in height, but roof sign structures not having a tight, closed, or solid surface may be erected on fire-resistive buildings to a height not exceeding 40 feet above the roof level, and upon non-fire-resistive buildings to a height not exceeding 30 feet above the roof level. The solid portions of the structures shall not exceed 40 percent of the superficial area thereof. All signs which are erected on the roof of a fire-resistive building shall be thoroughly secured to the building upon which they are installed, erected, or constructed, by iron or metal anchors, bolts, supports, seven strand guy cable, steel rods or braces. All roof signs erected on non-fire-resistive buildings shall be so erected that the live and dead-load stresses shall not in any manner adversely affect the building. Wind pressures of not less than 30 pounds to the square foot of the area of the sign must be withstood by said sign. All roof signs shall be composed entirely of noncombustible material, including sign apparatus and supports, except the ornamental moulding and battens behind the steel facings. A sign permit shall be obtained prior to the placement of a roof sign.

(6)

Temporary sign.

(a)

Definition. A temporary sign shall mean any sign, sign board, banner, or lightweight advertising display of more than two feet in height, maintained for the purpose of displaying outdoor advertising by means of a reader board, permanently supported, anchored or attached to the ground or a building.

(b)

Provisions. No temporary sign shall be maintained, displayed, or placed on a property for a period longer than 30 days after the issuance of the permit and 90 days must expire before the permittee can reapply for a new permit for said sign on the property. A new permit is to be obtained for each 30-day period. No temporary sign shall at any point be over eight feet in height above grade level, except a banner, in which case, it must have at least a ten-foot clearance above grade. No temporary sign shall be placed within the city rights-of-way, proposed or existing. Any temporary sign unlawfully maintained in a public right-of-way, may be declared a public nuisance and a traffic hazard per State of Indiana Motor Vehicle Laws, Article III, and if necessary, the Administrative Zoning Officer shall remove the sign. Spot lights or flashing illumination not over forty-watt bulbs shall be used under any circumstances with temporary signs. Any temporary sign not complying with the provisions of this code shall, upon notice, be removed by the Administrative Zoning Officer. A sign permit shall be obtained prior to the placement of a temporary sign.

(7)

Wall sign.

(a)

Definition. An on-premise sign attached to, or erected flatly against a wall of a building or structure.

(b)

Provisions. No wall sign shall project away from the wall more than 18 inches. When a wall sign is located over a sidewalk and projects more than six inches over the pedestrian area, the minimum distance from the sidewalk grade and the base of the sign shall be eight feet. A wall sign placed on a building of one story shall not project more than ten feet above the top of the wall or two feet beyond the ends of the wall to which it is attached. A wall sign placed on a building of two or more stories shall not project more than two feet above the top of the wall or beyond the ends of the wall to which it is attached. If the wall sign is an illuminated one, overhead lighting reflectors may project six feet beyond the building line, but in no case shall the lighting reflectors be more than six feet from the face of the wall sign. All reflectors extending over the sidewalk shall be secured and safely anchored. No wall sign shall be so erected as to prevent free ingress to or egress from the building, or any fire escape. A sign permit shall be obtained prior to the placement of a wall sign.

(8)

Clustered use sign.

(a)

Definition. A sign, which identifies by name two or more uses located in a single integrated named commercial or industrial development or subdivision. Such signs are designated for identification and locational purposes rather than advertising purposes.

(b)

Provisions. Clustered use sings shall have a minimum clearance of ten feet between the bottom of the face of the sign and grade or sidewalk level. If the clustered use sign is supported by more than one pole, the space between the poles shall not be enclosed in a manner which would impair general public visibility. No clustered use sign shall be erected in excess of 45 feet in height; and a clustered use sign shall not exceed 300 square feet in signboard area per side, excluding supports and the identification name for the development. All bolted installation to concrete bases must have ground rods. Signboards must be constructed of permanent, all-weather materials and supported internally by metal poles or supports. Signs shall be representative of the integrated area the sign is intended to serve and a design plan shall be submitted with the permit application. A landscaped area of at least 100 square feet shall be provided at the base of the sign and this area shall be maintained in a healthy, neat and clean condition. To minimize glare and the general overwash of light to public right-of-way and residential uses, signs shall be illuminated only with steady, stationary, shielded and/or contained light sources directed solely onto or within the sign. A sign permit shall be obtained prior to the placement of a clustered use sign. After the initial installation, a sign permit shall be obtained prior to the installation of any additional or replacement signs for individual uses.

(c)

Locations. One clustered sign use sign may be erected at each major public right-of-way or private driveway entrance leading into an integrated commercial or industrial development or subdivision. The sign may be placed either on or off the property where the uses are located, but shall not be placed throughout the subdivision or development itself. No clustered use sign shall be erected within 50 feet of another clustered use sign or a pole sign. No clustered use sign shall be placed in the actual or proposed public right-of-way.

(F)

Prohibited signs.

(1)

Definition. A sign not permitted under any circumstances.

(2)

Provisions. The following signs shall be prohibited in all locations unless otherwise specified in this code. Any types of signs:

(a)

Bearing statements, words, or pictures of an obscene and indecent character, such as would be offensive to the general public;

(b)

Where, because of size, location, coloring, content, or illumination, a sign may bear close resemblance to or being an imitation of highway or traffic sign or signals, and incorporates in any manner flashing or moving apparatus that may create a traffic hazard, (State of Indiana Motor Vehicle Laws, Article III);

(c)

Which interfere with the view of any signal, traffic sign, or street sign (State of Indiana Motor Vehicle Laws, Article III);

(d)

Inactive signs or sign apparatus as defined in this code;

(e)

Deteriorated, leaning, derelict, or structurally unsafe signs which constitute hazards by reason of inadequate maintenance, age, or abandonment, as defined in this code;

(f)

On trees, telephone or light poles, fences, and on city streets or rights-of-way, alleys or sidewalks;

(g)

Obstructing ingress and egress from a door, window, fire escape, or exit, and;

(h)

Unlawfully installed, erected, or maintained.

(G)

Technical provisions.

(1)

City electric code.

(a)

The light source shall not be exposed in a manner as to create hazards to pedestrians and motorists. The light source shall be shaded, hooded, or adequately screened to prevent the obstruction of pedestrian or motorist visibility.

(b)

All electrically illuminated signs with exposed terminals shall be erected or maintained in such a manner that the exposed tubing or terminals will be at least ten feet above the established grade, except where exposed tubing or terminals are properly protected as required by section 153.21. All wiring must be in metal raceway. Underwriters Laboratory, or Electrical Testing Laboratories Certification, or equivalent, must be included in the permit application when signs are electrically illuminated.

(2)

Fire access. No sign or advertising display of any nature shall be installed, erected, maintained, or constructed in such a manner as to obstruct any fire escape or exit, or the ingress or egress from any window or door opening thereof, or be at any time attached in any manner to any fire escape.

(3)

Glass in signs, where permitted.

(a)

Ornamental or plain flat glass shall not be permitted to be hung from any location which extends over a public right-of-way, (only permitted type of sign—projecting sign) unless the glass is supported at all times around the entire edge by a substantial metal supporting rib approved by the building commissioner and the glass is limited to 100 square inches in area within any one set of metal supporting ribs.

(b)

Exposed glass in any advertising display shall be permitted only when the area within any one set of metal ribs is not greater than 100 square inches for each and every piece of exposed glass. The building commissioner may approve larger areas of exposed glass, plastic, or composition material, when properly enclosed and protected.

(c)

All metal supporting ribs in any advertising display shall extend over and cover at least 14 inches of the portion of the surface of the glass that is to be exposed.

(d)

In case a picture for fancy display is to be used in an exposed area of any advertising display, not more than two open spaces not exceeding 150 square inches each may be permitted in one advertising display.

(4)

Sound devices. Public address systems, loud speakers, or sound amplifying systems shall not be used in conjunction with any outdoor advertising sign or structures. In all businesses, including shopping centers, all sound devices shall be used for communication within the building or buildings. The use of sound devices for advertising, communication, or the production of music outside the buildings, is prohibited.

(5)

Supports.

(a)

The dead load of projecting signs may be supported with chains or guy wires, and the working stress of the chains or guy wires shall not exceed one-fifth () of the ultimate strength of the chains or guy wires shall not be less than one-quarter () inch in diameter. Chains or guy wires supporting the dead load of any such projecting sign shall be erected or maintained at an angle of not less than 30 degrees with the horizontal. Supporting chains or cables may be used for the resistance of wind pressure, and the working stress of the supporting chains or cables shall be so designed that it will not exceed one-quarter of the ultimate breaking strength of the chains or cables. The least cross-sectional diameter of the chains or cables resisting wind pressure shall be erected or maintained at an angle of 45 degrees or more with the face of the sign that the chains or cables are supporting.

(b)

In no case shall there be less than two chains or cables designed to resist the dead load and two chains or cables on each side to resist the live load of any projecting sign having 20 square feet in facial area. Chains or cables resisting a wind pressure on any side of a projecting sign shall be not more than eight feet apart.

(c)

All supporting chains or guy wires, where used either for the resistance of a live or dead load, shall be secured to a bolt or expansion screw that will develop the strength of the supporting chain, or cable, with a minimum one-half() inch bolt or lag screw secured by an expansion shield or other method approved by the building commissioner.

(d)

Chains or guy wires used to support the live or dead load of projecting signs, erected or maintained at an angle of more than 45 degrees may be fastened to masonry walls with expansion bolts or by machine screw in iron supports. Where supporting chains or cable must be fastened to walls made of wood, the supporting or anchor bolts must go through the wood and be fastened securely on the other side.

(e)

No staples or nails shall be used to secure any projecting sign or display to any building or structure, unless the sign or display weighs less than one pound.

(f)

Stiff arms, compression members, or members in flexure may be used to support either the live load or the dead load of a projecting sign, but the effective or unsupporting length of the main compression members of any sign or stiff arm shall not exceed 120 times the least radius of gyration, and for the secondary member, 200 times the least radius of gyration.

(g)

In any projecting sign or advertising display, the extreme fiber stress of the steel to be used shall not exceed 20,000 pounds per square inch, and for wood, 1,200 pounds per square inch for any grade of lumber.

(h)

In no case shall any advertising display support be attached to a parapet wall.

(H)

Authority.

(1)

No sign as defined herein shall hereafter be erected, maintained, or constructed by any person except as provided in this section, or until after a permit to erect, construct, or maintain the same has been obtained from the administrative zoning officer. No such permit shall be issued until the prescribed fee is paid as set forth in this Code.

(2)

In case any sign or advertising display shall be installed, erected, maintained, or constructed in violation of any of the provisions of this section, the administrative zoning officer shall notify, in writing, the owner or lessee thereof either to alter the sign so as to comply with this code and to secure the necessary permit thereof, or forthwith to remove the sign. If the order is not complied with within ten days after mailing the notice, the administrative zoning officer may remove the sign at the expense of the sign owner, lessee thereof, or the property owner.

(3)

The administrative zoning officer has the authority to appoint officers to enforce the provisions of this Code. These officers have the authority to issue necessary citations, to issue tickets and to remove unlawful signs.

(4)

The administrative zoning officer may adopt and prescribe suitable rules and regulations, consistent with the provisions of this Code, concerning the form and contents of all applications for the various kinds of permits herein required, and covering any other requirements for the applicant to protect the public safety and welfare.

(I)

Sign permit procedures.

(1)

Procedures. No sign shall be installed, erected, maintained, or relocated without obtaining a sign permit issued by the administrative, zoning officer in accordance with established procedures and inspections. The application shall include information, site plans, and specifications as may be required by said officer. Office records shall contain an accurate description of the sign for which a permit is issued, its location, photograph, and the date of completion of installation.

(2)

Provisions. A sign permit shall expire if work is not started within 60 days of the date of the permit approval, or completed within 120 days of said date. A sign permit is not completely approved until after the actual sign permit is obtained from the administrative zoning officer and the permit fee is paid. If a sign permit, which has been approved by said officer, is not obtained from the office by the applicant within 60 days of the date of permit approval, the permit is null and void. Once a sign permit is approved, the installation or erection of any sign is subject to the provisions governing compliance set forth in this section. Extensions on any time limitation stated herein may be granted by the administrative zoning officer where the sign permittee presents evidence to show cause why such extension is necessary.

(J)

Fees. Permit fees for sign shall be based on-site inspection costs.

(K)

Penalties.

(1)

Penalty fee. Any person who shall erect, install, or alter a sign, as defined herein, prior to obtaining a sign permit, shall pay twice the amount of the permit fee set forth herein.

(2)

General penalty. Whoever violates any provision of this section shall be fined not more than $1,000.00 for each offense.

(3)

Penalty provisions. The penalty fee assigned in subsection (1) above does not supersede the general penalty, and is to be considered a separate penalty. The general penalty assigned in division (2) above does not supercede the penalty fee, and is to be considered a separate penalty. However, in no event, shall the combined assessment of a penalty fee and a general penalty exceed $1,000.00 for each offense. Each day's violation shall constitute a separate offense.

(L)

Injunctive relief against violation; recovery of costs. Any violations of this section may be restrained, enjoined, mandated, or abated by injunctive relief. Legal suit may be instituted either in the name of the administrative zoning officer or in the name of the city. The administrative zoning officer or the city, if successful, shall be entitled to recover all costs, expenses, and attorney's fees incurred in connection with the prosecution of the suit.

(Code 1968, § 130.232; Ord. No. 849-82, 7-12-82; Ord. No. 4-97, §§ 1, 2, 4-8-97; Ord. No. 40-22, §§ 8—10, 12-5-22)

(A)

Definition. For the purpose of this chapter a "gasoline service station" shall be a retail place of business engaged in supplying goods and services essential to the normal operation of automobiles, such as: the dispensing of gasoline and motor oil; the sale and servicing of tires, batteries, and other car accessories; and the washing and lubricating of motor vehicles. This shall not include: the sale of automobiles; the keeping of wrecked or disabled cars; the performing of body and fender work; or the painting or the performing of major motor repairs.

(B)

Standards. No gasoline service station shall be permitted unless it shall meet the following minimum requirements:

(1)

The owner, lessor, or lessee shall, upon making application for the gasoline station, submit a drawing describing the manner in which buildings will be located on the premises, the manner in which the site will be conditioned and beautified, the location of all permanent or floating signs, and any other similar requirement which may be required by the administrative zoning officer. The owner, lessee, or lessor will be held jointly responsible for conforming with all the details of the plan as submitted. Any violation of a part of the plan shall be held to be reason for the nullification of a permit or refusal to issue one.

(2)

There shall be a maximum width of driveways at the sidewalk of 30 feet.

(3)

There shall be a minimum setback of 40 feet from any and all streets.

(4)

There shall be a minimum frontage of 120 feet at the building line and a minimum of 12,000 square feet of lot area exclusive of rights-of-way.

(5)

The minimum distance from any driveway to any exterior property line shall be 20 feet.

(6)

The minimum angle of intersection of driveways with the street pavement shall be 60 degrees.

(7)

The minimum distance between curb cuts shall be 30 feet.

(8)

No service station shall be erected, operated, or maintained where an entrance or exit for motor cars is located on the same side of the street within 100 feet of a pedestrian entrance or exit from a public or private school, park, parkway, playground, library, church, hospital, home for children or senior citizens, or other public or semipublic institution.

(9)

No gasoline pump shall be located closer than 15 feet to the nearest lot line or line of established street or highway. On a corner lot, when a gasoline pump or a series of pumps are placed in a pump island parallel to lot line or at an angle to the lot line, the end pump nearest to the street shall be located not closer than 20 feet to the street line, measured along the axis of the pump island or islands.

(10)

The minimum distance from any driveway to any interior lot line shall be ten feet.

(11)

A raised curb, six inches high and two feet wide, shall be placed within the street right-of-way.

(12)

All hydraulic hoists and pits, lubricating, greasing, auto washing, and repairing equipment shall be entirely enclosed within a building.

(13)

Every lot used as a gasoline service station shall be paved with asphaltic or concrete surfacing and shall be adequately drained.

(14)

The minimum site of 12,000 square feet shall be limited to two service bays and two pump islands. Two pump islands and one bay may be added for each additional 2,000 square feet of extra site area.

(15)

A five-foot decorative fence shall be erected along all property lines separating the site from any dwelling and any residence zone.

(16)

Eight onsite parking spaces shall be provided at a gasoline service station with two or more service bays. In all other instances, two spaces shall be provided.

(17)

Exterior lighting shall be installed and maintained so as to cast no glare upon adjacent property or public right-of-way.

(18)

The parking of junk vehicles and rental vehicles shall not be permitted.

(C)

Signs. Gasoline service stations shall comply with the following sign standards in addition to those already specified in the outdoor advertising provisions as contained in this chapter.

(1)

One two-pole sign shall be permitted for each gasoline service station, which pole sign shall be limited to advertising the trade name. The maximum permitted sign surface area shall be 320 square feet on each side of a double-faced sign.

(2)

No more than two ground signs for each street frontage shall be permitted within the property lines, each of which shall not exceed 25 square feet on each side of a double-faced sign. The sign shall be used to indicate services, prices, products, and the announcement of incentives. The signs shall be installed as stationary, fixed structures, not subject to being dislodged by high winds and shall not be portable or temporary structures.

(3)

Wall signs shall be permitted on the principal service station buildings.

(4)

Signs shall be permitted on the pump island but shall not exceed 20 square feet on each side of a double-faced sign.

(5)

Window signs shall be permitted but shall not exceed six square feet in area.

(6)

Display signs shall be permitted but shall not exceed six square feet in area.

(7)

No sign shall be attached to a decorative fence installed with the purpose of screening the gasoline service station from a dwelling or residence zone.

(8)

Incidental signs, one sign for each subject, shall be permitted as follows:

(a)

Station for sale, rent, or lease.

(b)

Identification of the operator (one foot vertical and six feet horizontal).

(c)

Directional signs (one square foot maximum).

(9)

No signs shall be placed on curbs or outside the property lines.

(10)

No signs shall be placed or installed on the site of a gasoline service station which will interfere with the vision of the motorist and will constitute a traffic hazard.

(Code 1968, § 130.233)

Swimming pools in residence districts may be installed only as accessory to a dwelling for the private use of the owners and occupants of the dwelling and their families and guests, or as accessory to a nursery school or day camp for children, and only on the conditions as follows:

(A)

The pool shall be installed in the rear yard of the premises.

(B)

There shall be erected and maintained at minimum a good quality fence not less than five feet in height, with posts imbedded in concrete, enclosing the entire portion of the premises on which the pool shall be installed and entirely surrounding the area in which the pool is located.

(C)

Every gate or other opening in the fence enclosing the pool, except an opening through the dwelling or other main building of the premises, shall be kept securely closed and locked at all times when the owner or occupant of the premises is not present at the pool.

(D)

The pool shall not be erected closer than four feet from the rear and side property lines of the premises, or, in the case of a corner lot, closer than ten feet from the required setback.

(E)

The pool shall not occupy more than 40 percent of the area of the rear yard excluding all garages or other accessory structures located in the area.

(F)

If the water for the pool is supplied from a private well, there shall be no cross-connection with the public water supply system.

(G)

If the water for the pool is supplied from the public water supply system, the inlet shall be above the overflow level of the pool.

(H)

The pool shall be chemically treated in a manner sufficient to maintain the bacterial standards established by the provisions of the Indiana State Sanitary Code relating to public swimming pools.

(I)

No public address system device which can be heard beyond the property lines of the premises on which any swimming pool has been installed may be operated in connection with the pool, nor may any lighting be installed in connection therewith which shall create glare beyond the property lines.

(Ord. No. 474-79, 6-4-79)

(A)

Intent and purpose. These provisions are for the purpose of promoting the public health, safety, comfort, morals, convenience and general welfare; of securing adequate light, air, convenience of access, and safety from fire, flood and other danger; and of lessening or avoiding congestion in public ways. The intent of these provisions is to improve compatibility and provide transition between different uses and zones; to minimize the harmful effects of and reduce dust, debris, automobile headlight glare and other objectionable activities or views on adjoining or nearby residential uses; to protect property values and preserve the character of an area; to provide for landscaping to minimize the adverse effects of wind, heat, noise and glare, preserve the hydrology of a development site, assist in reducing the level of carbon dioxide in the atmosphere, prevent soil erosion, provide shade, and lessen the visual impact of development on the environment; and to preserve and improve the health, safety and general welfare of the public by promoting the environmental and public benefits of landscaped screening and buffer areas.

(B)

Development standards.

(1)

Applicability: The development standards contained in this section shall apply to all development other than one- and two-family residential. No new building or structure shall be constructed or used in whole or in part, and no building or structure, or part thereof, shall be altered, enlarged reconstructed or used, and no land shall be used unless the requirements of this section are met subject to the following conditions:

(a)

Enlargements or alterations which result in a greater than ten percent increase in the ground coverage or a greater than 25 percent increase of the floor area require compliance with this section.

(b)

Changes in the use of existing buildings, structures or land shall require compliance with this section.

(c)

Restoration of an existing building or structure that has been damaged or destroyed by any means shall be permitted without conforming to the requirements of this section provided the restoration does not increase the ground coverage that was occupied by the structure being replaced by more than ten percent and/or the restoration does not increase the floor area by more than 25 percent.

(2)

General objectives: Sites to be developed shall be of such character that they can be safely used for building purposes without danger to the public health or safety, or peril from fire, flood or other causes. Vegetative screening shall separate commercial and industrial uses from residential properties. Site development should accomplish the following objectives:

(a)

Adequate and safe vehicular and pedestrian circulation between the site and the public street network.

(b)

Safe and adequate interior site vehicular and pedestrian circulation, parking and loading facilities.

(c)

Year-round accessibility.

(d)

Environmentally sensitive areas shall be protected and left undisturbed.

(e)

Adequate drainage facilities.

(f)

Mitigation of the adverse effects of spillover light, smoke, noise, glare, vibration, odors, or noxious and offensive uses.

(3)

Standards. Developments shall comply with the following standards and the provisions of this chapter. Where standards may conflict, the following standards shall prevail.

(a)

Green belt:

1.

As a minimum, that portion of any lot which is within ten feet of, and immediately adjacent to, the existing or proposed right-of-way of any public roadway shall be reserved as a green belt. Green belt areas shall be composed of grass and/or softscape treatment only, except that it may include pedestrian walkways provided the walkway does not occupy more than 25 percent of the green belt area and green space is maintained on both sides of the walkway. Access roads and driveways may cut through a green belt area perpendicular to the public roadway or parallel to a lot line without replacement requirements. If access roads and driveways are located within a green belt area in any other manner, the green belt area shall be increased by at least an equal amount of area.

(b)

Access:

1.

Access roads. An access road shall mean a private roadway, providing ingress/egress for vehicles to enter and/or leave a lot from a public roadway, which provides access to more than one building, lot or use.

2.

Driveway. A driveway shall mean a private entrance, providing ingress/egress for vehicles to enter and/or leave a lot from a public or private access road, which provides access to one building, lot or use.

3.

Pedestrian facilities. Pedestrian facilities shall mean walkways providing access from building entrance to building entrance, parking area to building entrance, and/or parking area to parking area.

4.

Construction and maintenance. All facilities (access, drive, pedestrian) shall be constructed and maintained so as to provide year round access and so that it will be maintained free of dust and debris.

5.

Design. Points of access shall be combined wherever possible to minimize the number of access points onto public roadways. There shall be a maximum of two points of access per street frontage. The minimum maintained width of an access road shall be 18 feet for two-way traffic and ten feet for one-way traffic. Where a proposed access road lies within 30 feet of an existing three-way public or private road intersection, the centerline of the access road shall be in line with the centerline of such intersecting road. Wherever possible, access roads and driveways shall be designed so as to avoid funneling traffic into single family residential areas. Except for industrial uses, access roads and/or driveways shall be designed to allow for interconnection among and between contiguous lots in order to minimize turning movements onto and from public roadways. Except for industrial uses, pedestrian facilities shall be designed to allow for interconnection among and between developments and within a development to minimize conflicts with vehicular traffic and to promote safe and efficient access from entrance to entrance to parking areas. All facilities (access, drive, pedestrian) shall be constructed under design standards approved by the city engineering department.

(c)

Lighting: Lighting provided on the site to ensure safe movement of persons and vehicles and for security purposes shall conform to the following:

1.

All lighting shall be designed and arranged so as to minimize glare and reflection on adjacent properties. All lights shall be of a "cut-off" type with the lighting element completely shielded on all sides and top, excluding historic ornamental light fixtures and globes.

2.

The maximum height of free standing lights shall not exceed 20 feet when within 200 feet of one- and two-family use and shall not exceed 30 feet when located more than 200 feet from one and two-family use.

3.

The maximum height of lighting fixtures for pedestrian areas, including sidewalks adjacent to streets, is to be 16 feet. These fixtures should be placed every 50 feet.

4.

Site lighting shall be of uniform design and materials, and shall compliment the architecture and landscape of the developed site.

5.

Lighting within gas station canopies and adjacent to residential areas shall be of a "downlighting" type with a light element completely shielded on all four sides and top.

6.

Lighting shall not cause illumination of adjacent residential properties and shall provide warm white lighting. Lights shall be located to provide maximum visibility and safety.

(d)

Trash collection areas:

1.

Trash collection areas shall be effectively screened from public roadway view and view from adjacent noncommercial, nonindustrial properties.

2.

Trash collection areas shall be located where their use will not interfere with traffic circulation of a public roadway or an access roadway.

(e)

Outside storage:

1.

Permanent outside storage of supplies and materials shall be screened from public roadway view and from the view from adjacent noncommercial, nonindustrial properties and uses. This provision shall not apply to the outside display of merchandise nor to temporary outside storage of supplies and materials used during on-site construction activities.

2.

Outside display of merchandise shall not be closer than ten feet to any public roadway right-of-way line, existing or proposed. Outside display of merchandise shall be reasonably screened from the view of adjacent noncommercial, nonindustrial properties and uses.

3.

No outside storage of supplies and materials or outside display of merchandise, and accompanying screening, shall be placed in a manner which would impede visibility at points of ingress/egress.

(f)

Landscaping screening, planting and preservation. All portions of properties that are not intended for development shall remain in their natural state or be suitably landscaped with planting of trees (shade or ornamental), shrubbery, ground cover, grasses, mulches, etc. Landscaping shall minimize erosion and stormwater runoff, provide necessary buffering and generally serve to blend the proposed use with the character of the surrounding natural area. The following landscaping standards shall be met.

1.

Landscaping materials selected shall be appropriate to local growing and climatic conditions. Native species of plants shall be included in the plan whenever possible. Whenever possible, natural vegetation shall be maintained by appropriate construction practices and site layout. To provide for easier and more cost efficient maintenance, the following trees, which are invasive, prone to disease, excessive breakage, and/or other problems, shall not be used and/or planted as a part of any required landscape plan: acer negundo, box elder; acer saccharinum, silver maple; and populus deltoides, cottonwood; and plants included on the Indiana Invasive Species Council's list of invasive plants. To protect the landscaping investment, care should be given to appropriate placement of trees to allow for growth of the root system without adversely affecting other improvements and adequate area for capturing rainfall.

2.

Whenever appropriate, existing trees should be conserved and integrated into the plan. Healthy trees with diameters of 12 inches or greater, measured at four feet above grade, shall be marked on the plan and preserved to the extent possible. Where it is necessary to remove such mature trees, replacement trees shall be planted throughout the site at a ratio of two new trees for each one removed. These replacement trees may count toward meeting the tree planting requirements set forth for the green belt and for parking spaces. Replacement trees shall meet the following requirements: shade trees shall have a minimum three-inch trunk diameter at three feet above grade, a minimum height of seven feet and branching no lower than ⅓ the height of the tree; ornamental trees shall have a minimum two-inch trunk diameter at two feet above grade, a minimum height of five (5) feet and branching no lower than ⅓ the height of the tree; and evergreen trees shall have a minimum height of seven feet and a width not less than 60 percent of the height.

3.

Except where the standards of section 150.214.7 apply, landscape treatments shall be required based on the following:

Green belts, as defined herein, where landscaping shall include either shade and evergreen trees and/or ornamental trees as follows: One shade/evergreen tree for each 50 feet of frontage with a minimum diameter of two inches measured at six inches above grade; or one ornamental tree for each 35 feet of frontage with a minimum diameter of one and one-half to two inches measured at six inches above grade. The location of such trees is at the discretion of the developer/owner provided the required ratio is met and the trees are located in the green belt area.

Foundations, where foundation planting shall be equal to a minimum of five feet of landscaped area and three feet of sidewalk area for a minimum total of eight feet in depth along the front wall of the building and, for a corner lot, along the side street wall of the building, excluding entryways and loading areas.

Parking spaces, where the total number of trees planted on-site shall, at a minimum, equal one tree for each ten parking spaces. The location of such trees, which may include replacement trees, buffering trees and green belt trees, is at the discretion of the owner/developer provided the required ratio is met.

Peripheral areas, where there shall be a peripheral vegetated buffer strip a minimum of ten feet in depth, excluding areas subject to the green belt requirement, along any lot line abutting a noncommercial, nonindustrial property.

4.

Planting and/or other landscape treatments (walls, fences, berms) shall be required, and permanent maintained, when abutting one- and two-family usage to accomplish an immediate buffer at least five feet in height. When abutting an undeveloped residence zone permitting one- and two-family dwellings, plantings and/or other landscape treatment shall be required to accomplish a buffer at least five feet in height within three growing seasons.

5.

Landscape requirements refer to either softscape treatment such as greenery, plants, grass, and trees or to landscape such as decorative stone, brick, and masonry walls, except in the green belt area where softscape treatment is required. Generally, plants shall be spaced apart at distances no greater than two times the width of the plant at maturity.

6.

All required landscaping shall be installed prior to the issuance of a certificate of occupancy. If it is not possible to install the required landscaping due to weather conditions or other circumstances, all landscaping shall be installed within eight months of the first occupancy of the buildings on the site. Surety may be required to ensure installation, such as, but not limited to, bonds, letters of credit, or personal guaranties.

7.

It shall be the responsibility of owners and their agencies to ensure proper maintenance of the landscaping. This is to include replacing plantings, with identical varieties or a suitable substitute, which die during the first growing season following their installation.

(g)

Visibility at intersections:

1.

Regardless of any provision of this section, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision between a height of three feet and ten feet above the centerline grades of intersecting public roadways in an area bounded by the right-of-way lines of such intersecting streets and a line adjoining points along said intersecting right-of-way lines 30 feet from the point of intersection of said right-of-way lines.

(C)

Appeals.

(1)

Appeals. An owner may appeal any decision rendered in connection with this section to the board of zoning appeals or request a variance from a development standard under established schedules and procedures set forth in section 150.230 et seq. Whenever an owner has filed an appeal from standards contained elsewhere in this chapter with the intent to comply, in whole or in part, with the standards contained in this section, such intention to comply with the standards contained in this section shall be deemed a reason in support of such appeal.

(Ord. No. 11-95, § 1, 5-8-95; Ord. No. 50-04, § 1, 4-4-05; Ord. No. 40-22, § 11, 12-5-22)

(A)

Purpose. The purposes of this section are to:

(1)

Implement the land use and urban design elements of the adopted comprehensive plan;

(2)

Encourage quality development along the designated corridors;

(3)

Complement public investment in new gateways and other features on corridors in South Muncie; and

(4)

Support current efforts to revitalize and redevelop South Muncie.

(B)

Applicability.

(1)

Applicability to corridors. The standards set forth in this section shall apply to development and building along 29th Street from the Muncie Bypass to the eastern right-of-way line of South Madison Street and along South Madison Street, from the city limits, as they may be extended from time to time, to the southern right-of-way line of Memorial Drive, also known as 12th Street. Development affected by this section shall include any development in any industrial or business zoning district, any permitted multi-family development in a residential zoning district and any other development or use requiring a special use permit in a residential zoning district, excluding home occupations. For purposes of this section, development shall be considered to be "along" one of these corridors and controlled by these regulations if any of the following apply:

(a)

The property on which the development or building will occur has direct access to and/or frontage on either or both of these corridors;

(b)

If located in an area where the land has not been platted into blocks, the property on which the development will occur is located within 500 feet of either of these corridors; and

(c)

If any portion of a parcel is subject to this section, as defined in the two previous paragraphs, then the entire parcel will be subject to these development standards.

(2)

Types of development. The development standards contained in this section shall apply to all development other than one and two family residential. No new building or structure shall be constructed or used in whole or in part, and no building or structure, or part thereof, shall be altered, enlarged, reconstructed or used, and no land shall be used unless the requirements of this section are met subject to the following conditions:

(a)

Enlargements or alterations which result in a greater than ten percent increase in the ground coverage or a greater than 25 percent increase of the floor area require compliance with this section.

(b)

Changes in the use of existing buildings, structures or land shall require compliance with this section.

(c)

Restoration of an existing building, structure that has been damaged or destroyed by any means shall be permitted without conforming to the requirements of this section provided the restoration does not increase the ground coverage that was occupied by the structure being replaced by more than ten percent and/or the restoration does not increase the floor area by more than 25 percent.

(C)

General design standards.

(1)

Streetscape and pedestrian accessibility.

(a)

Sidewalks shall be six feet wide along 29th Street and Madison Street, being arterials, and five feet wide along collector and local side streets.

(b)

Where pedestrians are forced to cross traffic lanes on streets other than residential streets, changes in paving, medians and/or narrowing of the paved street shall be used where practicable to alert drivers to pedestrian traffic.

(c)

Where the right-of-way permits, a four (4) to seven (7) foot planting strip shall be provided by the developer between the sidewalk and curb to serve as a buffer.

(d)

Street trees (see acceptable list of street trees in design manual) are required along all sidewalks, if possible and with appropriate approvals, within the public right-of-way, except within utility easements and other required access areas. Otherwise trees should be located adjacent to the sidewalk between building and sidewalk. See sub-section 150.214.7(F)(2) for detailed requirements for landscaping materials.

(e)

Medians shall include street trees. See sub-section 150.214(F)(2) for detailed requirements for landscaping materials.

(2)

Bus stops.

(a)

Any project with more than 100,000 square feet of floor area in one or more buildings shall include a bus-stop pull-off, with a shelter.

(b)

Design and location of bus stop pull-offs and shelters shall be in accordance with the Design Manual and the transit provider.

(c)

A minimum of one bench and one rash receptacle should be present at each stop.

(D)

Building setbacks. A building subject to these regulations shall meet the minimum setback requirements of the applicable zoning district and shall be subject to the following additional setback standards (gas stations are exempt from the following setbacks; see section 150.213(B) for applicable setbacks):

(1)

A building covering less than 100,000 square feet shall be set back no more than 20 feet from the right-of-way line or by the minimum amount required for the zoning district, whichever is less.

(2)

A building covering 100,000 square feet or more shall be set back no more than 50 feet from the right-of-way line. This maximum shall not apply to a building which is part of a development plan that includes multiple lots, where other, smaller buildings will face the street and will meet the maximum setback required by sub-paragraph (1).

(E)

Parking area location and design. The following standards shall apply to the location and design of required parking areas:

(1)

The number of required parking spaces shall be determined from subsection 150.211(E)

(2)

The design standards set forth in subsection 150.211(C), paragraphs (1) through (8), shall apply to development along these corridors, in addition to the standards set forth below in the following paragraphs.

(3)

Pedestrian access to building entrances from the street shall be integrated with the existing pedestrian network. On lots where off-street parking is located between the street and the building, such access shall consist of sidewalks four feet in width running through planted medians or parking islands between parking bays. Parking lot layout shall take into consideration pedestrian and vehicular circulation; where it is necessary for pedestrians to cross vehicular circulation lanes, textured paving or other techniques shall be used to alert drivers to the crossings.

(4)

Parking areas in excess of the amount that can be provided within the maximum building setback, after providing for required landscaping, shall be provided to the side or rear of the building.

(5)

Parking lots shall provide connections to parking lots for uses in the same zoning district on adjacent properties.

(6)

Common, shared parking facilities are encouraged, wherever possible.

(7)

Semi-opaque screening is required between parking areas and public right-of-way, at least 36 inches in height but not to exceed 48 inches in height, excluding trees, and such screening may be located in the required greenbelt. Screening may consist of decorative masonry or stone walls, ornamental fences, earth forms or berms, and hedges or other vegetative screens. Such screening shall maintain visibility at intersections and a ten-foot clear zone, measured from the edge of the public roadway pavement, at points of ingress/egress.

(8)

For buildings greater than or equal to 100,000 square feet, 30 percent of the total parking area of a site shall be constructed with a pervious material such as pervious pavers, pervious concrete, or grass. For buildings greater than or equal to 50,000 square feet but less than 100,000 square feet, 20 percent of the total parking area of a site shall be constructed with a pervious material. (See Design Manual)

(9)

No impervious surface shall be permitted within ten (10) feet of the center of any tree.

(10)

Bicycle parking shall be required in accordance with the following standards:

(a)

For a building under 100,000 square feet, for every 20 required vehicular parking spaces, bicycle rack space for one bicycle shall be provided.

(b)

For a building equal to or greater than 100,000 square feet: for every 40 required vehicular spaces, bicycle rack space for one bicycle shall be provided.

(F)

Landscaping standards.

(1)

General rule. A minimum of ten percent of the total area of any site is required to be landscaped according to the following specifications. Where the sum of the landscaping required by the following sections would occupy more than 15 percent of the total site area, all required landscaping may be reduced proportionately.

(2)

Type and size of landscaping materials. Landscaping materials required by this section shall meet at least the following size and quality standards at the time of planting:

(a)

Shade trees shall have a minimum three-inch trunk diameter at three ft. above grade, a minimum height of seven feet, and branching no lower than ⅓ height of tree.

(b)

Ornamental trees shall have a minimum two-inch trunk diameter at two feet. above grade, a minimum height of five feet, and branching no lower than ⅓ height of tree.

(c)

Evergreen trees shall have a minimum height of seven feet and width not less than sixty percent of the height.

(d)

Deciduous shrubs shall be a minimum of 18 inches in diameter with no less than six main branches.

(e)

Evergreen shrubs shall be a minimum of 18 inches in diameter with no less than six main branches.

(f)

Tree monocultures are not permitted.

(g)

Mature height and spread of the chosen tree species shall not interfere with overhead utilities. In cases where overhead utilities are present, unless special placement considerations are made, tree species should be selected from Category A in the street tree list. Otherwise, a minimum of 60 percent of the chosen species should come from category B.

(3)

Foundation Plantings.

(a)

Foundation plantings shall be included along the front facade, any facade visible from a public right-of-way, and any facade with a dedicated public entrance into the building, except at any entrance or exit points.

(b)

The minimum width of foundation planting area shall be five feet.

(4)

Plantings in required front yards.

(a)

Required front yard landscaping should consist of trees planted in one of the following alternatives:

1.

If deciduous shade trees or evergreens are used, one tree planted at a maximum of every 40 feet on center of linear distance, extending the entire length of the front lot line. Required trees may be grouped together in the front yard; however, in no case shall spacing between trees exceed 80 feet.

2.

If deciduous ornamental trees are used, one tree planted at a maximum of every 20 feet on center of linear distance, extending the entire length of the front lot line. Required trees may be grouped together in the front yard; however, in no case shall spacing between trees exceed 50 feet.

(b)

Required front yard landscaping may not be located within any portion of a public street right-of-way or regulated easement.

(5)

Perimeter buffering requirements.

(a)

Perimeter buffering should be located along the side and rear lot lines of a lot and should extend the entire length of the side and rear lot lines.

(b)

Perimeter buffering may not be located within any portion of a public street right-of-way or regulated easement.

(c)

Table F-5 for Bufferyard Determination should be used to determine the bufferyard required on each boundary of the lot by identifying the land use category of the proposed project and the adjacent properties and/or street classification.

Table F-5, Bufferyard Determination

(6)

Bufferyard design standards. Bufferyard design standards in the following table are shown in terms of minimum width and number of plants required per 100 linear foot increment.

(7)

Screening of service areas. Trash collection areas, drainage basins, outdoor storage, satellite dishes, HVAC systems, loading dock areas, and similar utility/service areas shall be screened from public view and from adjacent residential properties.

(8)

Landscaping in parking lots.

(a)

Parking area landscaping located within and surrounding the parking lot area shall include a minimum of one shade tree and five shrubs for every seven parking spaces provided and shall not be less than 20 trees per parking lot acre. Buildings with parking areas located in the front yard shall have a minimum of one shade tree and five shrubs for every five parking spaces provided and no less than 24 trees per acre. For parking lots with 100 or more spaces, 20 percent of trees required, must be included within the interior of the parking lot, planted in islands of at least eight feet by 18 feet in dimension.

(b)

No trees may be planted in an area where there is less than 2½ feet of soil on all sides of the tree.

(G)

Stormwater retention ponds.

(1)

Permanent stormwater retention ponds and detention basins can function as an amenity to the site, in addition to its primary function as a stormwater device. In situations where such amenity features are provided, no screening of the pond from on-site or off-site views is required. Otherwise, the stormwater retention pond or detention basin must be screened from view by vegetative screening using locally-adapted evergreen species, planted so as to screen at least 75 percent of the perimeter of the facility to an average height of six feet above grade.

(2)

To qualify as an amenity to the site or development where it is located, the following basic amenity features should be provided within any stormwater control facility:

(a)

Integrate the permanent stormwater retention pond or detention basin into the site design through the use of appropriate placement within the site and utilization of similar planting materials and building materials as used in the principal structure.

(b)

Provide pedestrian access walks or trails to and/or around the stormwater control facility from the existing and/or proposed pedestrian network associated with the site.

(c)

Include horizontal curves or other sculptural elements within the shape of the facility to avoid a simple square or round shape.

(d)

Side slopes and safety ledges shall be constructed and maintained in accordance with the requirements of the stormwater and erosion control ordinances.

(e)

Provide riparian plant materials throughout the stormwater control facility to prevent erosion and add visual interest, and additional perimeter plantings consisting of at minimum three ornamental trees or two shade trees, and four shrubs for every 100 linear feet equivalent to the pond's maximum pool circumference and located no more than 75 feet from the pond's maximum pool line.

(f)

Include other permanent, pedestrian-oriented features, such as seating, dining tables, and trash receptacles, in areas around the stormwater control facility.

(H)

Landscape maintenance. It is the responsibility of the property owner to ensure proper maintenance of the landscaping in a healthy growing condition so as to present a neat and orderly appearance. This includes, but is not limited to, watering, weeding, pruning, replacing dead plantings with identical varieties or a suitable substitute, mowing grass, and keeping the area free of trash, litter, weeds, refuse and debris. Failure to maintain required landscaping is a violation of the zoning ordinance and subject to penalties and other remedies for such violation.

(I)

Signs. The standards of section 150.212 shall apply to signs located along the corridors, subject to the following modifications:

(1)

Pole signs are prohibited;

(2)

Ground signs shall be constructed in monument style, with a base consisting of stone, decorative CMU or concrete block, or brick, matching the materials used on the building facade.

(3)

A maximum of three ground signs are permitted for a building with a total floor area of 100,000 square feet or more and frontage on at least two streets. For buildings with a total floor area of greater than 50,000 square feet but less than 100,000 square feet, or for a building with a floor area of 100,000 square feet or more but with frontage on only one street, a maximum of two ground signs are permitted. For buildings with a total floor area of less than 50,000 square feet, a maximum of one ground sign is permitted.

(4)

Where more than one ground sign is allowed, there shall be a separation of at least 300 feet between ground signs.

(5)

All ground signs must be set back at least five (5) feet from the public right-of-way and shall not exceed eighty (80) square feet in sign board area per side. No sign may interfere with vision clearance.

(6)

A wall sign shall cover no more than ten (10) percent of the facade.

(7)

One wall sign shall be permitted on each wall facing a public right-of-way or an internal circulation road or driveway, whether public or private.

(8)

Ground signs shall be surrounded by a landscaped area at least equal to the sign area of the sign erected. Landscaping shall consist of living vegetation and natural ground cover materials. Rock, stone, or gravel shall not exceed 20 percent of the landscaped area.

(J)

Outdoor display and sale of goods. Temporary and permanent outdoor display and sale of produce goods, holiday goods, outdoor-related goods, and general merchandise is permitted, subject to the following conditions:

(1)

Outdoor display and sale. Outdoor display and sale may be allowed for the following goods and merchandise:

(a)

General merchandise that is displayed and offered for sale outdoors include goods that are customarily sold in connection with an established retail business on the same lot. Examples of displays that may be permitted include sidewalk sales and tent sales. Outdoor display and sale of these goods is permitted for a period not to exceed four days four times per year.

(b)

Outdoor-related goods include, but are not limited to, goods that are customarily used outside, including outdoor furniture, sporting goods for outdoor sports activities, plants, fertilizers, mulch, sod, lawn and gardening tools, storage sheds, grills, firewood, etc. Outdoor display and sale of these goods must be in connection with an established retail business on the same lot and is permitted without specified duration.

(c)

Produce goods include fruits and vegetables and other similar goods. Holiday goods include, but are not limited to, Christmas trees and pumpkins. Outdoor display and sale of produce goods and/or holiday goods shall be permitted for a period not to exceed 30 consecutive days four times per year.

(d)

The designated outdoor display and sales area must maintain compliance with landscaping requirements and setback regulations.

(2)

Design and location standards.

(a)

For developments equal to or greater than 50,000 square feet, the locations for proposed outdoor display and sales shall be shown clearly on the site plan or development plan, and outdoor display and sales shall take place only in the designated areas.

(b)

The proposed display and sale areas must not impede vehicular or pedestrian traffic and shall not utilize more than 15% of the required parking.

(c)

The designated display and sale areas may not be located in required landscape or visual buffer areas.

(d)

If applicable, building, electrical, fire prevention code, and hazardous use permits must be obtained.

(K)

Building design standards.

(1)

Building materials on the front facade, any facade visible from a public right-of-way, and any facade with a dedicated public entrance into the building must be primarily of natural materials conveying permanence, such as but not limited to brick, stone, wood siding, split face, scored, or ground face block.

(2)

A building facade greater than 50 feet in length shall contain architectural features, details and ornaments such as: offsets, arches; roof cornices; contrasting bases; contrasting masonry courses, water tables, or molding; pilasters or columns; corbeling; contrasting bands or color; stone or ceramic accent tiles; colonnades, or porches. Elements such as wall clocks, decorative light fixtures, and door or window canopies are recommended.

(3)

Facades visible from a public right-of-way may contain windows constituting a maximum of 60 percent of the facade between three feet and ten feet in height.

(L)

Additional requirements.

(1)

Except as otherwise specifically required herein, the development standards set forth in subsections 150.214.5(B)(3)(a)—(e) shall apply to development along these corridors.

(2)

Street and site furnishings and amenities such as benches, trash receptacles, and pedestrian-scale lighting should be located where appropriate along sidewalks, adjacent to buildings, and within parking lots.

(M)

Temporary and permanent on-site storage. Trailers, modular storage units and other on-site storage not within a permanent building shall be permitted only for developments greater than or equal to 100,000 square feet in accordance with the requirements of this sub-section:

(1)

Storage units must be located in low-visibility areas (such as behind the building), and shall be screened from public view and adjacent residential properties.

(2)

Storage units may not be located within required landscape or visual buffer areas.

(N)

Location and design of loading areas.

(1)

Loading docks and bays for service to businesses shall be located and oriented toward the side or rear lot line.

(2)

Loading/service areas are not permitted within required planting buffers.

(O)

Drive-Thru stacking areas. Stacking for drive-thru lanes shall be confined to the rear of the lot or parcel, with the outlet from such lines also being to the rear of the building where practicable. Lines for drive-thru facilities shall not be permitted along the front of structures. The minimum stacking capacity for drive-thru lanes shall be as follows:

(Ord. No. 50-04, § 1, 4-4-04; Ord. No. 40-22, § 12, 12-5-22)

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