(A)   Residential uses defined.  The residential uses defined below, including accessory buildings and uses, are permitted in the districts indicated in Appendix A which follows this chapter, when complying with the requirements listed therein, subject to the provision of this section.

      (1)   "MULTI-FAMILY DWELLING."  A building designed for or occupied by three or more families, exclusively for dwelling purposes. This definition includes condominiums and cooperatives.

      (2)   "SINGLE-FAMILY DWELLING."  A detached building designed for or occupied by one family exclusively.

      (3)   "TWO-FAMILY DWELLING."  A detached building designed for or occupied by two families.  A "DUPLEX DWELLING" has one family unit above the other and a "DOUBLE DWELLING" has one family unit beside the other.

   (B)   Other provisions for residential uses.

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

      (2)   Rear yard.  One-half of an alley abutting the rear lot may be included in the required rear yard.

         (a)   Accessory buildings are not permitted prior to the erection of the principal building. No accessory building shall be located closer to a side lot line than 3 feet nor exceed 18 feet in height and, if detached from the principal building, shall be set back from the front line of the lot no closer than the rear line of the principal building. The only accessory buildings allowed in residentially zoned districts are private detached garages and storage sheds. All private garages as that term is defined herein shall be considered accessory buildings.  A detached private garage shall not exceed 28 feet in width or 28 feet in length or exceed 784 square feet in area.  A storage shed or "mini-barn", which is a detached accessory building, but not a private garage, shall not exceed 12 feet in width or 16 feet in length or exceed 192 square feet in area.  Only one accessory building shall be allowed per residential lot.

         (b)   In all residentially zoned districts, at no time shall the surface area occupied by all structures (residence and accessory buildings) exceed 30% of the residential lot area.  The residential lot area is the product of the lot width multiplied by the lot length.

      (4)   Accessory uses.  Accessory uses, such as public utility installations, walks, driveways, curbs, retaining walls, mail boxes, name plates, lamp posts, bird baths, and structures of a like nature are permitted in any required front, side, or rear yard.  Trees, shrubs, flowers, or plants are permitted in any required front, side, or rear yard.

      (5)   Front yard.  Where 25% or more of the lots in the block are occupied by buildings on the effective date of this chapter, the average setback of those buildings determines the dimension of the front yard in the block; however, front yard lines or building setback lines established in a recorded subdivision shall establish the dimension of front yards in those subdivisions, except when the building setback lines may be less restrictive as provided in§  152.03.  A front yard is required on each abutting street on through lots.

      (6)   Projections into yards.

         (a)   Architectural features (cornice, eave, sill, canopy, or similar feature) may extend or project into a required side yard not more than two inches for each one foot of width of the side yard and may extend or project into a required front or rear yard not more than 36 inches.  Chimneys may project into any required yard not more than two feet, provided the width of any required side yard is not reduced to less than three feet.

         (b)   An open platform or landing which does not extend above the level of the first floor of the building may extend or project into any required front or side yard not more than four feet or into any required rear yard not more than 25% of its depth.

      (7)   Tapered yard.  Where the side lot line of an interior lot abuts the rear line of a corner lot, or an alley separating such lots, an accessory building which may be located on the rear lot line of the corner lot shall be set back from the side street a distance equal to the front yard line of the abutting interior lot.  For each foot that the accessory building is placed from the rear line toward the front line of the corner lot, the building may be set four inches closer to the side street line, but in no case closer than five feet.

      (8)   Height.  In the districts limiting height to 25 feet, a multi-family dwelling may be increased in height not to exceed 35 feet, provided the required side yards are increased an additional two feet for each foot the structure exceeds 25 feet in height.

      (9)   Swimming pools.  All swimming pools shall comply with the following requirements:

         (a)   Construction plans.  Application for a permit to construct a swimming pool shall be submitted to the Inspection Department.  The structural plans must provide for adequate drainage and must be approved by the Building Inspector.

         (b)   Pool location.

            l.  In no instance shall the pool or surrounding deck area be located closer than 20 feet to front property line, and not closer than ten feet to a side or rear property line.

            2.   Swimming pools located on a lot with a dwelling unit in the Cl or C2 zoning district shall meet the same requirements on pool location given for the residential zoning districts above.

         (c)   Fencing.  All swimming pools shall be enclosed by a fence which is at least four feet in height.  Rear or side property fences may be used as the rear or side swimming pool fence.  However, in all instances, the pool shall be completely contained by a fence on all sides with a gate having adequate locking mechanism.

      (10)   Fences.

         (a)   Applications for a permit to construct or install a fence, or hedge over three feet in height which serves the same purposes as a fence,  shall be submitted to the Building Inspector. Fences, lattice-work screens, hedges or walls, not more than seven feet in height, may be located in the required side or rear yard, and a hedge, maintained so as not to exceed three feet in height, may be located in any front yard.  These fences or hedges shall be placed a minimum of six inches inside the property line of the owner's lot.  If a fence or hedge is to be cost-shared with the adjoining property owner, the fence or hedge may be centered on the property line. 

         (b)   No residential fence may be constructed of barbed wire, nor may it be electrified.

         (c)   These restrictions do not apply in regard to construction or maintenance of a fence of any height in connection with an agricultural use.

      (11)   In all multi-family developments, 15% of the total lot area shall be reserved for recreation.

      (12)   Signs.  For provisions concerning signs in RS districts, see § 152.30.

   (C)   Mobile home parks:

      (1)   General.  Floor area of the mobile home shall not exceed 40% of the lot size.  The lot area shall not be less than 3,000 square feet and minimum setbacks for each individual lot shall be 12 feet for side and rear yards and a minimum of 20 feet for the front yard.  No mobile home shall be closer than 40 feet to the mobile home park sides and rear property line, and no nearer than 100 feet to the front property line.  All individual mobile home lots shall include concrete runways of sufficient size and bearing capacity.  A uniform concrete slab or patio shall be provided for each mobile home lot. The park shall be consistent with the intent and purposes of this chapter to promote health, safety, and the general welfare of the community.

      (2)   Accessibility.  There shall be at least two principal entrances from a major thoroughfare which provide appropriate, safe, and adequate ingress and egress to the mobile home park.  One and one-half parking spaces shall be provided for each mobile home.  No major recreational equipment shall be parked or stored on any lot in this district except in a specific parking area built and designated for such purposes, or a carport or enclosed building.  However, such equipment may be parked anywhere on a lot for a period not to exceed 24 hours during loading or unloading.  No such equipment shall be used for living, sleeping, or house keeping purposes when parked or stored on a lot, or in any location not approved for such use.  Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored for more than seven days on any property other than in completely enclosed buildings with the exception of licensed antique vehicles.  All mobile homes shall be placed so that they can be moved and removed individually without moving any other mobile home.

      (3)   Visibility at intersections.  On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of 2-1/2 and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of the corner lots and a line joining points along the street lines 30 feet from the point of the intersection.

      (4)   Fences, walls, and hedges.  Not withstanding other provisions of this chapter, fences, walls, and hedges may be permitted in any required yard or along the edge of any yard, provided that driveway entrances are not shielded by fences, walls, and hedges in such a way as to obstruct the view of a driver entering a public road from the driveway.  All mobile home park districts shall have a screen planting six feet wide by six feet high around the perimeter of the park itself.

      (5)   Signs.  No sign shall extend beyond any lot line nor shall any sign hinder or obstruct a pedestrian path or a driver's vision or passage of the road.  The sign, non-illuminated, up to but not exceeding 16 square feet per side, may be allowed to advertise the mobile home park.  In any event, prior to installation of any sign, all signs must have approval of the Plan Commission.

      (6)   Recreation areas.  If the mobile home park is designed to be occupied by ten mobile homes or more, not less than 15% of the gross land area of the park shall be improved for recreational activities for the residents of the park.

      (7)   Common buildings.  Any non-retail structure intended for the common use of the mobile home park residents shall have a minimum of ten-foot side and rear yards and a 25-foot front yard. Shrubs or hedges shall be planted at the perimeter of the side and rear yards and shall not exceed seven feet in height but not less than four feet.  Adequate parking shall be provided for and shall be screened from general view.

      (8)   Plan submittal.  A mobile home park plat, mobile home park development plan, and landscape plan shall be submitted to the Plan Commission for approval prior to any development or construction.

      (9)   Utilities.  Each individual mobile home lot shall be serviced by existing city utilities at no cost to the city.

      (10)   Additional requirements.  All mobile homes located in the park shall be properly secured to the ground and shall have suitable skirting which includes the hitch.

(Ord. 2281, passed 4-2-79; Am. Ord. 3427, passed 6-6-05)  Penalty, see § 152.99

   (A)   Business uses defined.  The business uses defined below are permitted in the districts indicated in Appendix B following this chapter, when complying with the requirements specified in Appendices B through D, subject to the provisions of division (B) of this section.

      (1)   "LOCAL BUSINESS USE."  One which is primarily of a retail or service nature and is classified in the following categories:

         (a)   Automobile service, including but not limited to the following:

            1.    Filling station.

            2.   Public garage.

            3.   Public parking area.

            4.   Automobile sales room.

            5.   Auto wash facilities.

         (b)   Business service, including but not limited to the following:

            1.   Bank.

            2.   Business and professional office.

            3.   Postal station.

            4.   Telegraph office.

            5.   Trade or business school.

         (c)   Clothing service, including but not limited to the following:

            1.     Laundry agency.

            2.   Self-service laundry.

            3.   Dry cleaning establishment, using cleaning fluid which is non-explosive and non-inflammable, and using not more than two clothes-cleaning units of not more than 40 pounds capacity.

            4.   Dress making.

            5.   Millinery.

            6.   Tailor and pressing shop.

            7.   Shoe repair shop.

         (d)   Equipment service, including but not limited to the following:

            1.     Radio-television shop.

            2.   Electric appliance shop.

            3.   Record shop.

         (e)   Food service, including but not limited to the following:

            1.     Grocery.

            2.   Meat market.

            3.   Supermarket.

            4.   Restaurant, where alcoholic beverages are not sold by the drink.

            5.   Delicatessen.

            6.   Cold storage lockers, for individual use.

            7.   Bakery.

            8.   Roadside sales stand.

         (f)   Personal service, including but not limited to the following:

            1.     Barber shop.

            2.   Beauty shop.

            3.   Reducing salon.

            4.   Photographic studio.

         (g)   Retail service, retail stores generally, including but not limited to the following:

            1.     Department store.

            2.   Drug store.

            3.   Hardware.

            4.   Stationer.

            5.   Newsdealer.

            6.   Show room, for articles to be sold at retail.

            7.   Variety store.

            8.   Apparel shop.

            9.   Flower shop, including greenhouse not exceeding l,000 square feet in area.

         (h)   Business recreational uses, when conducted only within buildings so constructed that no noise of any kind produced therein shall be audible beyond the confines of the building, including but not limited to the following:

            1.     Indoor theater.

            2.   Bowling alley.

            3.   Billiard room.

            4.   Dancing academy.

         (i)   Accessory building or use, customarily incidental to the above uses.  Any building used primarily for accessory purposes may not have more than 40% of its floor area devoted to storage purposes incidental to the primary use, and provided that no more than five persons are employed at one time or on any one shift in connection with such incidental use.

         (j)   Advertising sign or billboard.

      (2)   "GENERAL BUSINESS USE."  Including accessory buildings and uses, includes the uses, specifically stated or implied, as follows:

         (a)   Local business uses.

         (b)   Automobile or trailer sales area.

         (c)   Automobile and truck repair.

         (d)   Hotel.

         (e)   Motor bus or railroad passenger station.

         (f)   Newspaper publishing.

         (g)   Radio and television studios.

         (h)   Storage warehouse.

         (i)   Veterinary hospital for small animals and kennel.

         (j)   Wholesale establishment.

         (k)   Any business use not specifically stated or implied elsewhere in this chapter complying with the above definition.

      (3)   "ROADSIDE BUSINESS" or "SERVICE CENTER."  Includes the uses and their accessory buildings and uses specifically stated or implied as follows:

         (a)   Business recreational uses as listed in division (A)(l)(h) above.

         (b)   Filling station.

         (c)   Motel.

         (d)   Restaurant.

   (B)   Other provisions and requirements for business uses.

      (1)   Plans for the erection or structural alteration of a drive-in food service, filling station, public parking area, and auto wash facility shall be approved by the Plan Commission.  The Commission may require such changes therein with respect to yards, location of driveways, pumps, and buildings as it may deem best suited to insure safety, minimize traffic hazards, and safeguard adjacent properties.

      (2)   Parking spaces shall be provided on the lot, or within 300 feet thereof, on a site approved by the Board, as indicated in Appendix C following this chapter.

      (3)   Parking space requirements shall not apply in a block where 50% or more of the area was occupied by business or industrial structure at the time of passage of this chapter.

      (4)   Groups of uses requiring parking space may join in establishing a group public parking area, together with parking spaces for employees, with capacity aggregating that required for each participating use.

      (5)   Filling station driveways and similar use areas subject to vehicular traffic shall be paved with a dustproof or hard surface.

      (6)   One-half of an alley abutting the rear of a lot may be included in the rear yard, but the alley space shall not be included for loading and unloading berths.

      (7)   Loading and unloading berths shall not be required for business uses which demonstrably do not receive or transmit goods or wares in quantity by truck delivery.

      (8)   Where 25% or more of the lots in a block are occupied by buildings, the setback of such buildings shall determine the dimension of the front yard in the block.

      (9)   Parking space is permitted in the required front yard in a Cl, C2, or I District.

      (10)   The maximum building height requirement in Appendix B following this chapter may be increased if buildings are set back from front and rear property lines, one foot for each two feet of additional height above the maximum building height requirement.

      (11)   Chimneys, cooling towers, elevator bulkheads, fire towers, penthouses, stacks, tanks, water towers, transmission towers, or essential mechanical appurtenances may be erected to any height not prohibited by other laws or ordinances.

      (12)   No business operation or activity shall discharge, or cause to be discharged, liquid or solid wastes into public waters unless in conformance with the provisions of IC 13-1-3-1 et seq., and the regulations promulgated thereunder.  Plans and specifications for proposed sewage and other waste treatment and disposal facilities shall be submitted to and approval obtained from the State Water Pollution Control Board.

(Ord. 2281, passed 4-2-79)  Penalty, see § 152.99

   The local business uses provided in § 152.26 (A)(1)(a) through (A)(1)(j) are permitted in the C3 Shopping Center District subject to compliance with the following requirements and procedure:

   (A)   The tract of land involved shall be of an area of not less than six acres and lie wholly or partly within l,400 feet of a point represented by a C3 District symbol in the zone map.

   (B)   The owner or owners of the tract of land shall have obtained approval of the Board of Zoning Appeals in accordance with the procedure set forth in § 152.36 and the requirement standards specified in Appendix G following this chapter.

(Ord. 2281, passed 4-2-79)  Penalty, see § 152.99

   (A)   Uses defined.  The industrial uses defined below, including accessory buildings and uses, are permitted in the districts indicated in Appendices E and F which follow this chapter in accordance with the requirements of this section.

      (1)   "LIGHT INDUSTRIAL USE."  One which is conducted entirely within enclosed, substantially constructed buildings and includes warehousing; does not use the open area around those buildings for storage of raw materials, manufactured products, or for any other industrial purpose, other than loading and unloading operations; and provided the use conforms to the following performance standards.

         (a)   Smoke.  No smoke is emitted of a density greater than No. l according to the Ringelmann's Scale, except that smoke of a density not in excess of No. 2 of Ringelmann's Scale shall be permitted for a period not in excess of six minutes in any hour.

         (b)   Fly ash.  No particles from any flue or smokestack shall exceed 0.2 grains per cubic foot of flue gas at a stack temperature of 500°F.

         (c)   Dust.  No dust of any kind produced by the industrial operations shall be permitted to escape beyond the confines of the building in which it is produced.

         (d)   Odor.  No noxious odor of any kind shall be permitted to extend beyond the lot lines.

         (e)   Gases and fumes.  No gases or fumes, toxic to persons or injurious to property, shall be permitted to escape beyond the building in which they occur.

         (f)   Vibration.  No intense earth shaking vibration shall be created or maintained by any industry beyond the boundary lines of the tract on which it is located.

         (g)   Noise and sound.  A maximum of 70 decibels at the property line is permitted.  Noise is required to be muffled so as not to become objectionable due to intermittence, beat frequency, or shrillness.  Sound may equal but not exceed street traffic noise in the vicinity during a normal day shift work period.

      (2)   "GENERAL INDUSTRIAL USE."  One which requires both buildings and open area for manufacturing, fabricating, processing, extraction, heavy repairing, dismantling, storage or disposal of equipment, raw materials, manufactured products, or wastes, and provided the use conforms to the following performance standards:

         (a)   Smoke.  No smoke is emitted of a density greater than No. 2 according to the Ringelmann's Scale, except that smoke of a greater density shall be permitted for a period of not in excess of six minutes in any one hour.

         (b)   Fly ash.  No particles from any flue or smokestack shall exceed 0.3 grains per cubic foot of flue gas at a stack temperature of 500°F.

         (c)   Dust.  No dust of any kind produced by the indus-trial operations shall be permitted to escape beyond the limits of the property being used.

         (d)   Odor.  No noxious odor of any kind shall be permitted to extend beyond the lot lines.

         (e)   Gases and fumes.  No gases or fumes toxic to persons or injurious to property shall be permitted to escape beyond the building in which they occur.

         (f)   Vibration.  No intense earth shaking vibration shall be created or maintained by any industry beyond the boundary lines of the tract on which it is located.

         (g)   Noise and sound.  A maximum of 70 decibels at the property line is permitted.  Noise is required to be muffled so as not to become objectionable due to intermittence, beat frequency, or shrillness.  Sound may equal but not exceed street traffic noise in the vicinity during a normal day shift work period.

   (B)   Parking spaces.  Each industrial use shall provide parking space for each three employees thereof located on the same lot as the use, or within 300 feet on a site approved by the Board of Zoning Appeals.

   (C)   Loading and unloading berths.  Each industrial use shall provide loading and unloading berths located on the same lot as the use, as specified in Appendix F following this chapter.

   (D)   Signs.  For provisions concerning signs in IR districts, see§ 152.30.

   (E)   Provisions and exceptions to industrial uses.

      (1)   Parking requirements may be waived by the Board where 50% or more of the area in a block was occupied by business or industrial structures at the time of passage of this chapter.

      (2)   Groups of uses requiring parking space may join in establishing group parking areas with capacity aggregating that required for each participating use.

      (3)   Open parking area and loading and unloading berths shall be paved with a dustproof or hard surface.

      (4)   One-half of an alley abutting the rear of a lot may be included in the rear yard, but that alley space shall not be included for loading and unloading berths.

      (5)   The maximum height requirement in Appendix (E) following this chapter may be increased if the buildings are set back from front and rear property lines one foot for each two feet of additional height above the maximum height requirements.  (See also Appendix H).

      (6)   Chimneys, cooling towers, elevator bulkheads, fire towers, penthouses, tanks, water towers, transmission towers, or essential mechanical appurtenances may be erected to any height not prohibited by other laws or ordinances.

(Ord. 2281, passed 4-2-79)  Penalty, see § 152.99

   This zone is created to protect the public health and to reduce the financial burdens imposed on the community, its governmental units and its individuals which may result from improper use of lands having excessively high water tables or which are subject to frequent and periodic floods and overflow.  The boundaries of this zone have been recommended by the State Water Resources and Flood Control Commission. The following regulations shall apply in the Flood Plain Zone:

   (A)   Permitted uses.  The following uses are permitted so long as the use does not require the erection of a structure intended for year-round occupancy, fences excepted.

      (1)   General agricultural operations, including crop or tree farming and truck gardening, but not including:

         (a)   The disposal of garbage.

         (b)   A use or activity engaged in within 300 feet of a residential or business structure, if that use or activity results in unreasonable and continuous odor or dust.  In the event that use is conducted within 300 feet of a residential or business zone boundary, no right shall be acquired to continue the use within 300 feet of a residential or business structure thereafter erected in the zone.

      (2)   Forestry.

      (3)   Public parks, playgrounds, recreational areas, and private recreational developments, so long as a structure intended for regular occupancy is not erected.

      (4)   Public utilities.

   (B)   Uses prohibited.  All uses other than those permitted above are prohibited.

   (C)   In the event that it can be clearly demonstrated that any such lands are not subject to flooding, that those lands are adequately drained, and that the water table elevation will permit successful utilization of the land, a petition shall be presented for rezoning as provided in IC 36-7-4-607 through 36-7-4-614, and all Acts amendatory and supplemental thereto, in order to permit appropriate utilization of the land.

(Ord. 2281, passed 4-2-79)  Penalty, see § 152.99

   (A)   In the RS and IR Districts only one sign as defined herein shall be permitted on a lot or tract of land having a minimum frontage of 1000 feet.  One additional outdoor advertising structure shall be permitted for each additional 1000 feet of frontage.

   (B)   A permit shall be issued by the Building Commissioner for outdoor advertising structures in those districts to be built up to the established building line or existing building line whichever is closer to the right-of-way. The permit shall require the relocation or removal of the structure within 60 days notice by the Building Commissioner that an improvement location permit for residential use has been issued for the land upon which structure is located, or a plat of such land is recorded as a residential subdivision.

   (C)   No sign may be located closer than 100 feet to adjacent residential structure without the written consent of the owner of the residential structure.

   (D)   No such sign shall be erected opposite a residence closer than 75 feet from a line drawn at right angles to the center line of that residence without first obtaining the written consent of the owner or owners.

   (E)   Outdoor advertising sign regulations.

      (1)   Purpose.  The purpose of this division shall be to:

         (a)   Coordinate the type, placement and physical dimensions of signs within the different zoning districts;

         (b)   Recognize the commercial communication requirements of all sectors of the business community;

         (c)   Encourage the innovative use of design;

         (d)   Promote both renovation and proper maintenance;

         (e)   Allow for special circumstances;

         (f)   Guarantee equal treatment under the law through accurate record keeping and consistent enforcement;

         (g)   Protect and promote property values of the community; and

         (h)   Improve the appearance and aesthetic quality of the community.

      (2)   Definitions.  For the purpose of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

         “ABANDONED SIGN.”  Any sign or its supporting structure that remains without a message, or whose display surface remains blank, for a period of:

            1.   One year or more for a sign or support structure that conforms to this division at the time of its adoption; or

            2.   Sixty  days for a sign that does not conform to this division at time of its adoption; or

            3.   Any sign that pertains to a time, event or purpose that no longer applies; shall be deemed abandoned.

         “AREA OF SIGN.”  The area in square feet of the smallest, simplest, single geometric figure that encloses the area forming the outside shape of the sign face.

         “AWNING SIGN.”  Any sign located on an awning.

         “BANNER SIGN.”  Any sign made of lightweight material, either enclosed or not enclosed in a rigid frame, which may allow the movement of the sign by the air.

         “BUILDING IDENTIFICATION SIGN.”  Any sign that states only the name of the building itself and is an integral part of the architecture, or that identifies the person, the establishment, the principal product and/or service available at a business.

         “CONSTRUCTION SIGN.” Any sign announcing the names of architects, engineers, contractors or other individuals or firms involved with the construction, alteration or repair of a building project, or announcing the character of the building enterprise or the purpose for which the project is intended.

         “COPYRIGHTED SIGN.”  Any sign offering information or incidental services such as VISA, MasterCard, MA, FSLIC, and the like.

         “DIRECTION SIGN.”  Any sign that serves solely to designate the location or direction of any area or place.

         “DIRECTORY SIGN.”  Any sign on which the names and locations of occupants are given, or that provides a listing of uses or tenants within a particular building or complex of buildings.

         “FACADE.”  Any face of a building that faces a street, private roadway, parking lot or pedestrian walkway.

         “FLASHING SIGN.”  Any sign that flashes or appears to flash by a powered light source.

         “FREESTANDING SIGN.”  A sign erected on a frame, mast or pole that is not attached to a building.

         “HEIGHT OF A SIGN.”  The distance between the lower grade level within two feet of either side of a sign, and the highest part of the sign or its supporting structure.

         “INTEGRATED CENTER.”  An area of development (commercial,

industrial, or any combination of commercial, industrial and residential uses) of one or more lots comprised of:

            1.   Two or more individual, unrelated and separately operated uses in one building sharing common site facilities; or

            2.   One or more buildings containing unrelated and separately operated uses occupying a common site, which utilize one or a combination of common site facilities, such as driveway entrances, parking areas, driving lanes, signs, maintenance and similar common services; or

            3.   One or more buildings containing unrelated and separately operated uses occupying individual sites, which are interrelated by the utilization of one or a combination of common facilities, such as driveway entrances, public or private street network, parking areas, maintenance and other services.

         “LINEAL.”  A distance in any direction along frontage on both sides of a street and cross streets.  This term does not apply to signs located on parallel streets.

         “MARQUEE SIGN.”  A sign designed and/or constructed as an integral part of a marquee, or giving the appearance of being an integral part of a marquee.  This term includes canopy and awning signs.

         “MOBILE SIGN.”  A sign that is designed to be moved from one location to another, and is not permanently affixed to the ground or to a structure that is permanently affixed to the ground.

         “OFF-PREMISES SIGN.”  Any sign that identifies or directs attention to a product, service, activity or business not conducted on the premises on which the sign is located.

         “ON-PREMISES SIGN.”  Any sign that identifies or directs attention to a product, service, activity or business conducted on the premises on which the sign is located.

         “PERMANENT SIGN.”  Any sign intended to be erected and maintained for more than 30 days.

         “POLITICAL SIGN.”  Any 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 any election by a public body.

         “PROJECTING SIGN.”  A sign other than a wall sign, which is attached to and projects from a structure or building face, and does not project above the roofline or the cornice wall.

         “REAL ESTATE SIGN.”  Any sign used to offer for sale or lease the property upon which it is located.

         “ROOF SIGN.”  Any sign erected entirely upon or over the roof of any building and supported solely on the roof surface.

         “SIGN.”  Any name, identification, description, display, logo or symbol affixed to, hung on, painted, represented directly or indirectly upon a building (including window and door area) or structure that is in view of the general public, and directs attention to a person, place, product, activity, institution, organization or business.  Included within this definition are the following types of signs:

            1.   “TEMPORARY SIGN.”  Any sign erected and maintained for not more than 30 days, except for temporary business identification signs, which shall be allowed for 60 days.

            2.   “TRADEMARK SIGN.”  Any sign that shows registered trademarks or portrayals of specified commodities.

            3.   “WALL OR FLAT SIGN.”  Any sign attached to and erected parallel to the building face, and projecting no more than 12 inches from the wall surface.  This includes individual letters applied to the building face.

            4.   “WINDOW/DOOR SIGN.”  Any permanent sign painted, goldleafed or attached to the glass area, or installed behind a window for viewing through the window from the outside of the premises.

         “TOP ROOFLINE.”  The principal top edge of the roof of a building.

      (3)   Requirement of permit.  A sign permit shall be required before the erection, construction, placing or locating of all signs regulated by this chapter, except as otherwise exempted herein.

      (4)   Maintenance and removal.

         (a)   All signs, including but not limited to, those signs for which permits are required, shall be maintained in a good state of repair, including replacement of defective parts, painting, cleaning and other acts required for sign maintenance.

         (b)   The Building Commissioner's Office shall have the right of entry in order to inspect all signs for compliance with the provisions of this division.

         (c)   When any sign is not maintained within the provisions of this chapter, or determined otherwise unsafe, the Office of the Building Commissioner, or its authorized representative, shall send written notice to the owner of the property on which the sign is located to remove, repair or alter the sign.  If the sign is not removed, repaired or altered within 90 calendar days, the Office of the Building Commissioner, or its authorized representative, can cause the sign to be removed, repaired or altered, at the expense of the owner of the property, in accordance with the provisions of this chapter.

      (5)   Miscellaneous provisions.

         (a)   Sign maintenance.  No sign or part thereof shall be erected or maintained except in conformance with the provisions of this chapter.

         (b)   Lighting of signs. No lighting of signs shall be permitted to be used in any way in connection with a sign unless:

            1.   It is effectively shielded so as to prevent beams or rays of light from being directed at vehicles traveling on a street; or

            2.   It is of such low intensity or brilliance so as not to cause glare or to impair the vision of the driver of any motor vehicle, or to otherwise interfere with any driver's operation of a motor vehicle.

         (c)   Flashing or blinking signs.

            1.   Signs that incorporate in any manner flashing, moving or revolving illumination are not permitted, except as provided in this chapter, and provided that the illumination of any sign shall not exceed 300 foot lamberts, as measured at any point on the property line upon which the sign is located.

            2.   No sign shall blink or flash, nor be illuminated by any device so as to appear to blink or flash, except as otherwise expressly provided in this chapter.

         (d)   Encroachments. 

            1.   No sign shall be erected upon, maintained in, encroach upon, or overhang any public right-of-way without approval of the Board of Public Works, except as expressly provided in this chapter, and state and federal laws as amended.

            2.   However, all other applicable standards of this chapter shall apply.

         (e)   Rocks and trees.  No sign shall be painted on or attached to rocks, trees, or any other natural object, except monument signs.

         (f)   Roof signs.  In all nonresidential zoning districts, a roof sign may be permitted as an alternative to a permitted freestanding sign under the following conditions.

            1.   The business for which the roof sign is sought offers no feasible opportunity for placement of a freestanding sign as otherwise authorized within the zoning district.

            2.   The roof signs shall not be higher than the district height limitation for buildings.

            3.   All such roof signs shall be finished in such a manner that the visual appearance from all sides is that they are a part of the building itself.

            4.   A sign on a sloping roof must be a minimum of one foot below the top roofline.

            5.   The permitted roof sign shall be no larger in area than the freestanding sign permitted in the zoning district in which it is to be located.

            6.   Such sign shall not be located closer than 60 feet to a residential district.

         (g)   Freestanding signs.

            1.   Location.  On-premise freestanding signs shall be located a minimum of 100 feet from all residentially zoned districts.

            2.   Number of faces permitted.  Unless specifically restricted by these sign regulations, a sign may contain more than one sign face, and may be two-sided, provided all other requirements of these regulations are met.

         (h)   Internal signs.  Nothing in this division shall be interpreted to restrict signs placed on the inside of a building and directed towards the building's interior.

      (6)   Permitted sign provisions for residential districts (R-1, R-2, R-3 and RS, and MHP Zoning Districts).  Signs in residential zoning districts are not permitted unless otherwise provided for herein.

         (a)   One on-premises non-illuminated sign is permitted for each dwelling unit.

         (b)   Such sign shall not exceed one square foot in area, and may be used to identify the name(s) of the premises or occupants thereof, or to provide similar information.

         (c)   Additional signs are allowed under divisions (9)(a), (9)(b), (9)(c), (9)(d), and (10).

      (7)   Permitted sign provisions for business districts (C-1, C-2, C3, C-4 Zoning districts).

         (a)   On-premises signs.

            1.   Wall signs.  On-premises wall sign(s) on building facades, attached to the face of a building or mansard roof, or substantially parallel thereto, and not projecting beyond or above the roof or top of the cornice wall, are permitted.  The copy area of such wall sign(s) per building facade shall not exceed 40% coverage of the wall face.

            2.   Freestanding signs.  One on-premises freestanding sign per development parcel per street frontage is permitted.

               a.   The freestanding sign shall not exceed 100 square feet in area, and shall not exceed 35 feet in height.  Such signs may be located a minimum of five feet from any front and side lot line, except for integrated centers (see the following paragraph).

               b.   The sign surface area of a freestanding identification sign for an integrated center shall not exceed that specified in the following table.

 

 

For integrated centers:  On lots with a linear frontage oriented to the same street in excess of 500 linear feet, a second freestanding identification sign for an integrated center may be utilized (see number of signs for additional provisions).  However, if two freestanding identification signs are utilized, the combined area (in square feet) of both signs shall not exceed that allowed, based upon the linear street frontage to which the sign is oriented or 900 square feet, whichever is the lesser.  Provided, however, the sign surface area of a freestanding identification sign for an integrated center shall not exceed a maximum of 500 square feet for a sign oriented to a secondary arterial, collector, local, marginal access or private streets.

For integrated centers:  A freestanding on-premises sign shall be located no closer than five feet from the front lot line, and five feet from the side lot line.

            3.   Projecting signs.

               a.   In lieu of the sign permitted in division  (a)2. above, one on-premises projecting sign is permitted. 

                  i.   The projecting sign may project from a building a maximum of six feet, and may project into a required front yard. 

                  ii.   Such sign shall have a minimum ground clearance of eight feet above the walk or grade below.

                  iii.   The maximum area of such sign shall be 40 square feet.

               b.   Where more than one business is located on the development parcel, the on-premises projecting signs shall be combined, and the resultant sign shall not exceed 75 square feet in total area.

            4.   Marquee signs.

               a.   One on-premises marquee sign may be attached to the marquee, and may extend as long as the marquee, but shall not:

                  i.   Extend into or over the public right-of-way;

                  ii.   Exceed five feet in height; or

                  iii.   Project above the cornice or roof of the building.

               b.   Those signs projecting above or below the marquee shall be erected at a 90-degree angle to the building, and shall project no more than six feet, with a minimum clearance of eight feet above the walk or grade below.

         (b)   Off-premises signs.

            1.   Off-premises signs not exceeding 100 square feet in total area per direction are permitted in C-1, C-2, C-3 and C-4 Zoning Districts, except in the Central Business District (Downtown Area).

            2.   The “DOWNTOWN AREA” is the area between 11th Street on the west, Indiana Avenue on the south, 15th Street on the east, and Vine Street on the north.

            3.   Subject to the following requirements:

               a.   Each off-premises sign may contain a maximum of two sign faces (facing the same) in each direction, as long as the total sign area is not exceeded, and the two faces are not separated by a distance of more than 12 inches.

               b.   Such signs shall be no closer than the permitted setback for a principal structure in each permitted zoning district.

               c.   The maximum height of any off-premises sign shall be 35 feet, as measured from the ground level to the top of the sign.  Likewise, the minimum height of any off-premises sign shall be seven feet, as measured from the ground level to the bottom of the sign.

               d.   Such signs shall be spaced at least 600 lineal feet from any other off-premises sign, as measured along the principal road from which the off-premise sign is visible, in both directions and along both sides of the road.

               e.   Such off-premises signs shall not be located within a 300-foot radius, nor within 600 lineal feet, of any city or county residential district, any church, school, health care facility, historic district (or property eligible for historical designation), or any building owned or leased by a unit of federal, state or local government.

      (8)   Permit sign provisions for industrial districts (I-1, I-2, and I-R Zoning Districts).

         (a)   On-premises signs.

            1.   Wall signs. 

               a.   On-premises wall signs, attached to the face of the building or mansard roof, or substantially parallel thereto, and not projecting above or beyond the roof or top of the cornice wall, are permitted.

               b.   The copy area of such wall signs per building facade shall not exceed 60% coverage of the wall face.

            2.   Freestanding signs.  One on-premises freestanding sign on each street frontage per parcel is permitted.

               a.   The sign shall not exceed 300 square feet in area and 50 feet in height.

               b.   The sign shall be located no closer than five feet from the front lot line and five feet from the side lot line.

            3.   Marquee signs.

               a.   One on-premises marquee sign may be attached to the marquee, and may extend as long as the marquee, but shall not:

                  i.   Extend into or over the public right-of-way;

                  ii.   Exceed five feet in height; or

                  iii.   Project above the cornice wall or roof of the building.

               b.   Those signs projecting above or below the marquee shall be erected at a 90-degree angle to the building, and shall project no more than six feet, with a minimum clearance of eight feet above the walk or grade below.

            4.   Projecting signs. 

               a.   In lieu of the signs permitted in divisions (a)2. and 3. above, one on-premises projecting sign for each business may be substituted.

               b.   The projecting sign may project from the building a maximum of eight feet, and shall not project above the roofline or top of cornice wall.

               c.   The sign shall have a minimum clearance of eight feet above the walk or grade below, and a maximum area of 40 square feet.

         (b)   Off-premises signs.  Off-premises signs are permitted as follows.

            1.   Off-premises signs not exceeding 300 square feet in total area per direction are permitted, except in the Downtown Area. 

               a.   The “DOWNTOWN AREA” is the area between 11th Street on the west, Indiana Avenue on the south, 15th Street on the east and Vine Street on the north.

               b.   The sign shall be no closer than 15 feet to the front lot line and shall not exceed 35 feet in height.

               c.   The sign shall be spaced at least 600 lineal feet from any other off-premises sign in any direction along frontage on both sides of a street and cross streets.

            2.   Subject to the following requirements.

               a   Each off-premises sign may contain a maximum of two sign faces in each direction, as long as the total sign area is not exceeded.

               b.   Such signs shall be no closer than the permitted setback for a principal structure in each permitted zoning district.

               c.   The maximum height of any off-premises sign shall be 35 feet, as measured from the ground level to the top of the sign.  Likewise, the minimum height of any off-premises sign shall be seven feet, as measured from the ground level to the bottom of the sign.

               d.   Such sign shall be spaced at least 600 lineal feet from any other off-premises sign, as measured along the principal road from which the off-premise sign is visible, in both directions and along both sides of the road.

               e.   Such off-premises signs shall not be located within a 300-foot radius, nor within 600 lineal feet, of any city or county residential district, any church, school, health care facility, historic district (or property eligible for historic designation), or any building owned or leased by the city, county, state or federal government.

               f.   A double-faced or a V-type off-premises sign, not exceeding an angle of 30 degrees, and not further than 12 inches at the closest point between the two faces, shall be exempt from the spacing requirements between the two sign faces only.

      (9)   Other permitted signs.  The following signs shall be permitted in the areas specified if they comply with all the requirements of this chapter.  The following signs shall not require a permit, unless otherwise noted.

         (a)   Residential districts. 

            1.   In all residentially zoned districts, on-premises freestanding signs, not exceeding 20 square feet in area nor five feet in height, and no closer than ten feet to any lot line, identifying multiple-family housing complexes, neighborhood associations and subdivision areas at each entrance, shall be permitted; provided, that if the sign is a part of an approved landscape screen, then the copy area shall not exceed 32 square feet, nor six feet in height.

            2.   Signs within a required front yard may be located only at the entrance from a major street to the multiple housing or complex or subdivision area.

            3.   No more than two signs may be located at any entrance.

         (b)   Subdivision identification signs.  In any residential zoning district, a subdivision identification sign shall be permitted at each entrance, under the following conditions.

            1.   One sign per main entrance is permitted.

            2.   The area of the sign, including support structure, shall not exceed 75 square feet.

            3.   It shall not be located closer than five feet to the front lot line and five feet from the side lot line.

            4.   The height of such signs shall not exceed five feet, with the height being determined by a measurement from the ground level, at the lowest grade level within two feet of either side of the sign.

            5.   Such signs shall only be for the identification of the subdivision.

         (c)   In any zoning district, the following signs shall be permitted for churches and schools and shall not require a permit.

            1.   One on-premises freestanding sign per street frontage.

               a.   The area of the sign shall not to exceed 50 square feet, including the sign structure.

               b.   The height of the sign shall not exceed seven feet.

               c.   Signs shall not be located closer than five feet to the front lot line and five feet from the side lot line.

            2.   One on-premises wall sign, which shall not exceed 32 square feet in area.

            3.   One temporary sign for an event is permitted for a maximum of 14 days.

               a.   The sign shall not exceed 32 square feet in area, and five feet in height.

               b.   The sign shall not be located closer than five feet to the front lot line and five feet from the side lot line.

         (d)   In any zoning district, the following on-premises signs shall be permitted.

            1.   An official sign authorized by any government or a subdivision thereof, including traffic, directional and warning signs, public notices, and proclamations erected or displayed in discharge of any government functions, or where required by law, ordinance or regulations.

            2.   Flags or banners of any government or subdivision thereof, or of any educational, charitable, religious, political, civic or service organization.

            3.   Historical or commemorative plaques or tables.

            4.   Memorial plaques, tablets or building cornerstones, when cut or carved into a masonry surface, or when made of incombustible material and made an integral part of the building or structure it identifies.

            5.   Street names and numbers.

            6.   Reflectors and other safety signs or devices used to mark driveways, towers, airport approaches, and other potentially dangerous structures or situations; as well as warning signs for underground public utilities.

            7.   Murals, not to exceed 120 square foot area, exclusive of any sign copy area, painted on the wall of a building, fence or similar structure.  Any exception subject to approval of Board of Public Works.

            8.   Historically significant signs may be exempted from the provisions of this chapter after being reviewed and approved by the Historic Preservation Review Board, and in conformance with any historic preservation ordinance adopted by the city.

            9.   Information and/or direction signs.

               a.   Such signs direct traffic within the premises or identify the location of restrooms, telephone, freight entrances, and the like.

               b.   Such signs are not to exceed six square feet in area and three feet in height

               c.   Such signs may include the name of a business or its logo.

            10.   Temporary institutional signs.

               a.   Such signs announce a campaign drive or other event of a civic, philanthropic, educational or religious organization.

               b.   Such signs shall not to exceed 32 square feet in area.

               c.   Such signs shall be permitted not more than 30 days prior to the event, and shall be removed within seven days after the event.

            11.   Warning signs.

               a.   Such signs warn the public against hunting, fishing, trespassing, dangerous animals, swimming, and the like.

               b.   Such sign are permitted provided their area does not exceed four square feet, and their height does not exceed three feet.

         (e)   Service stations.  The following signs are permitted on the premises used as service stations, in addition to those signs otherwise permitted in zoning district in which such service stations are located.

            1.   Signs on either face of the gas pump, not to exceed a total copy area of four square feet per motor fuel dispenser on each side;

            2.   One additional on-premises wall sign per street frontage, the area of each such sign not to exceed six square feet.

            3.   One additional on-premises canopy sign per canopy face, except if it faces an abutting city or county residential or office district, not to exceed 50 square feet in area.

            4.   One two-faced sign per street frontage, identifying self-service, full service and gas prices, each face not to exceed 50 square feet.

         (f)   Commercial districts.  In any commercial district, two on-premises freestanding signs, each not to exceed 20 square feet in area, or one on-premises freestanding sign not to exceed 32 square feet in area, functioning as menu boards, are permitted in conjunction with an eating establishment utilizing ordering from vehicles; provided, any sign shall not exceed six feet in height, and shall not be permitted in the required front or side yard of the district in which it is located.

         (g)   Vehicles.  Signs painted, printed or mounted on vehicles, which are incidentally displayed on any vehicle in connection with the use of such vehicle for transportation purposes, are permitted, provided such vehicles are licensed and operable.

      (10)   Temporary signs.  The following temporary signs shall be permitted with the following specific regulations, and shall not require a permit.

         (a)   Real estate signs.  In any zoning district, at such time that the property is placed on the market, one on-premises real estate sign may be erected on each street frontage of a premises, identifying an offer for sale, rent or lease of all or part of the premises on which it is located.  Such sign shall be removed within seven days after closing the sale, renting or leasing of the property, and under the following conditions.

            1.   In any residential district, such real estate sign shall not exceed six square feet of area.

               a.   It may be located in a required yard.

               b.   Its height is not to exceed eight feet.

            2.   In any other zoning district, such real estate sign shall not exceed 32 square feet.

               a.   It may be located in a required yard.

               b.   Its height is not to exceed eight feet.

         (b)   Auction signs.

            1.   An auction sign is permitted in any zoning district.

            2.   Its area shall not exceed 32 square feet

            3.   Its height shall not exceed six feet.

            4.   It is permitted for 21 days prior to the event, and must be removed within five days after the event.

         (c)   Holiday decorations.

            1.   Decorations for religious or national holidays are permitted.

            2.   Such decorations may blink, flash or move, and may be located in a required yard; provided, however, that no such holiday decoration shall interfere with traffic, or present any hazard to the safety or welfare of the public.

         (d)   Construction signs and business signs during construction.

            1.   One temporary construction sign per street frontage shall be permitted at a construction site to identify the nature of the construction, and those persons or firms associated within, including contractors, architects, finance companies and owners.

            2.   The sign shall not exceed 16 square feet in area, and six feet in height, when located in residential districts.

            3.   Nonresidential districts.

               a.   In any other zoning districts, if such sign is located within 100 feet of any residential district, along side and front lot lines, it shall not exceed 64 square feet in area and 12 feet in height.

               b.   Such signs may be located five feet or more from the front lot line.

            4.   If such sign is located in a residential district under development that consists of five acres or more, then the sign shall not exceed 128 square feet in area and 20 feet in height.

            5.   Any temporary sign erected while a business is undergoing construction or renovation, which prohibits placement of a permanent sign until a later date.

               a.   The temporary sign may not exceed the anticipated size of the permanent sign.

               b.   An extension of time for a temporary sign must be approved by the Board of Works.

         (e)   Wall signs in commercial districts.  In all business and industrial zoning districts, temporary wall signs identifying special sales and openings:

            1.   Shall not exceed 32 square feet in area; and

            2.   Shall be permitted on the premises of commercial establishments for no more than 60 days in any calendar year.

         (f)   Freestanding temporary signs in commercial districts.  Signboards and electric signboards identifying special sales and openings:

            1.   Shall not exceed 32 square feet in area; and

            2.   Shall be permitted on the premises of commercial establishments for no more than 60 days in any calendar year.

         (g)   Garage sale signs.

            1.   Such signs shall not exceed four square feet in area, and three feet in height.

            2.   Such signs may be located in the front yard of the property.

            3.   No such sign may be located in any public right-of-way, or attached to any utility poles or city street or traffic signs.

         (h)   “Business moving" signs.

            1.   In all nonresidential districts, a sign announcing the moving of a business to a new location is permitted for a period of 60 days.

            2.   It shall not exceed 32 square feet in area, and eight feet in height.

         (i)   Political signs.

            1.   Such signs shall be placed in required front or side yards.

            2.   Such signs shall be set back from the street at least eight feet

            3.   Wall signs in commercial districts shall not exceed 96 square feet in area.

            4.   Yard signs shall not exceed six square feet.

            5.   Removal.

               a.   All political signs must be removed within ten days following the election. 

               b.   A winning candidate in a primary election may maintain his/her sign until ten days following the general election.

               c.   The person responsible for the removal of a political sign is the owner of the property upon which it is located.

               d.   If such signs are not removed within the specified time period, the administrative zoning officer may initiate action for their removal.

      (11)   Flood Plain Zoning District.  No sign shall be erected in the designated Flood Plain (see § 152.29).

      (12)   Variance procedure; use variance.

         (a)   The Board of Zoning Appeals shall approve or deny variances of use from the terms set forth here.

         (b)   The Board may impose reasonable conditions as part of its approval.

         (c)   However, a variance may be approved only upon a determination in writing that:

            1.   Approval will not be injurious to the public health, safety, morals and general welfare of the community;

            2.   The use and value of the area adjacent to the property included in the variance will not be affected in substantially adverse manner;

            3.   The need for the variance arises from some condition peculiar to the property involved;

            4.   The strict application of the terms of the chapter will constitute an unnecessary hardship if applied to the property for which the variance is sought; and

            5.   The approval does not interfere substantially with the comprehensive plan adopted by the city.

      (13)   Discontinuation of nonconformity.

         (a)   Within 90 days after any lawful nonconforming sign or sign structure is no longer functional or is abandoned, the sign or sign structure shall be removed.

         (b)   Any extension is subject to the approval of the Board of Public Works.

      (14)   Enforcement.

         (a)   Conformity.

            1.   It shall be illegal for any sign to be placed, erected or constructed except as provided in this chapter.

            2.   Any person, firm or corporation violating any provisions of this division, or failing to comply with any order or regulation made shall be in violation and subject to all penalties thereof.

         (b)   Nonconforming signs.

            1.   Reasonable repairs, alterations and conversions may be made to nonconforming signs as long as location, height and area are the same or less than that of the existing nonconforming sign, or meet the requirements of this chapter.

            2.   However, in the event that any such sign is hereafter damaged by any means whatsoever, including an act of God, and the damage exceeds 50% of the replacement value according to certified documentation, such sign may be restored, reconstructed, altered or repaired only in conformance with the provisions of this chapter.

         (c)   It shall be the duty of the Office of the Building Commissioner to enforce all provisions of this chapter in the manner and form with the powers provided by this division and any and all other provisions of this code, and as provided in the laws of the state.

         (d)   The Office of the Building Commissioner, who has the authority to issue permits or licenses, shall not issue any permit or license for any sign that would conflict with the provisions of this chapter.

      (15)   Filing fees.

         (a)   Applications for sign permits shall be paid to and collected by the Office of the Building Commissioner per fees established by ordinance.

         (b)   No part of any filing fee paid pursuant to this chapter shall be returnable to the applicant or petitioner.

      (16)   Penalty.

         (a)   Any person, whether a principal, agent, owner or lessee, tenant, contractor, builder, architect, engineer or any other party who violates any provision of § 152.30(E), shall be fined not less than $25 nor more than $300 for each offense.  Each day of the existence of any violation of the chapter shall be a separate offense.

         (b)   The erection, construction, enlargement, conversion, moving or maintenance of any sign that is continued, operated or maintained contrary to any provisions of § 152.30(E), is hereby declared to be a nuisance and in violation of this chapter and unlawful, unless otherwise permitted herein.

            1.   The Office of the Building Commissioner, in the name of the city, and/or its corporation counsel, may institute a suit for injunction, in the Circuit Court or any Superior Court of the county, to restrain any person or governmental unit from violating any provisions of this division, and to cause such violation to be prevented, abated or removed.

            2.   Such action may also be instituted by any property owner who may be especially damaged by the violation of any provision of this division.

         (c)   The remedies provided for herein shall be cumulative and not exclusive, and shall be in addition to any other remedies provided by law.

(Ord. 2281, passed 4-2-79; Am. Ord. 3265, passed 5-29-01; Am. Ord. 3356, passed 6-2-03; Am. Ord. 3356, passed 6-2-03)  Penalty, see § 152.99

   (A)   Title.  These regulations shall officially be known, cited, and referred to as the “Wireless Telecommunication Facility Regulations of the City of New Castle, Henry County, Indiana” (hereinafter “these regulations”).

   (B)   Purposes.  In order to protect the public health, safety and general welfare of the community, while accommodating the communication needs of residents and business, these regulations are necessary in order to:

      (1)   Facilitate the provision of wireless telecommunication services to the residents and businesses of New Castle;

      (2)   Minimize adverse visual effects of towers through careful design and siting standards;

      (3)   Encourage the location of towers in nonresidential areas through performance standards and incentives;

      (4)   Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and

      (5)   Provide mechanisms for the mitigation of tower proliferation through tower-sharing requirements for all new tower applicants and those existing towers physically capable of sharing.

   (C)   Authority.  The Board of Zoning Appeals (hereinafter “the Board") is vested with the authority to review, approve, conditionally approve, and disapprove applications for wireless communication facilities, including sketch, preliminary and final plans.

   (D)   Jurisdiction.

      (1)   These regulations apply to all wireless communications facilities located within the incorporated areas of the city.

      (2)   No wireless communications facility may be constructed without an approved and signed site plan from the city.

   (E)   Enactment.

      (1)   In order that wireless communications facilities may be constructed in accordance with these purposes and policies, these regulations are hereby adopted and made effective as of the date of their approval by the Common Council. 

      (2)   All applications for wireless communication facility sitings pending on the effective date of these regulations, or thereafter filed, shall be reviewed under these regulations.

   (F)   Interpretation and conflict.

      (1)   Interpretation. 

         (a)   In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the protection of public health, safety, and general welfare.

         (b)   These regulations shall be construed broadly to promote the purposes for which they are adopted.

      (2)   Conflict.

         (a)   These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute or other provision of law except as provided in these regulations.

         (b)   Where any provision of these regulations imposes restrictions different from any other ordinance, rule or regulation, statute, or other provision of law, the provision that is more restrictive or imposes higher standards shall control.

   (G)   Amendments.  For the purpose of protecting the public health, safety, and general welfare, the Planning Commission may from time to time propose amendments to these regulations, which shall be approved or disapproved by the Common Council at a public meeting following public notice. Realizing that communication technologies are evolving and changing quickly, future innovations may reduce the impacts of individual facilities and render portions of these regulations obsolete.  Therefore, periodic review and revision of these regulations will be necessary.

   (H)   Public purpose.  Regulation of the siting of wireless communication facilities is an exercise of valid police power delegated by the State of Indiana, and as stipulated in the Federal Telecommunications Act of 1996.  The developer has the duty of compliance with reasonable conditions laid down by the Planning Commission.

   (I)   Enforcement, violations, and penalties.

      (1)   The enforcement of these regulations shall be the responsibility of the Zoning Administrator.

      (2)   Any person who violates these regulations shall be subject to a fine in an amount of $2,500 per violation.  Each day the violation exists constitutes a separate violation pursuant to state law.

   (J)   Wireless communication facility application procedure and approval process.

      (1)   General procedure.  The submission of applications for wireless communications facilities shall follow the same procedure as detailed in the zoning ordinance (Chapter 152) for permitted uses and/or conditional uses as circumstances require.

      (2)   Additional procedures.  In addition to the information required elsewhere in the zoning ordinance for permitted uses and/or conditional uses, development applications for wireless communications facilities shall include the following supplemental information.

         (a)   A report from a qualified and licensed professional engineer that:

            1.   Describes the tower height and design, including a cross-section and elevation;

            2.   Documents the height above grade for all potential mounting positions for colocated antennas, and the minimum separation distances between antennas;

            3.   Describes the tower's capacity, including the number and type of antennas it can accommodate;

            4.   Documents what steps the applicant will take to avoid interference with established public safety telecommunications;

            5.   Includes an engineer's stamp and registration number; and

            6.   Includes other information necessary to evaluate the request.

         (b)   For all commercial wireless telecommunications service towers, a letter of intent committing the tower owner and his, her or its successors to allow the shared use of the tower, if an additional user agrees in writing to meet reasonable terms and conditions for the shared use.

         (c)   Before the issuance of a building permit, the following supplemental information shall be submitted.

            1.   A copy of the FAA's response to the submitted “Notice of Proposed Construction or Alteration” (FAA Form 7460-1) shall be submitted to the Zoning Administrator.

            2.   Proof of compliance with applicable Federal Communications Commission regulations.

            3.   A report from a qualified and licensed professional engineer, demonstrating the tower's compliance with the municipality's structural and electrical standards.

            4.   A copy of any purchase agreement and/or lease for the land upon which the subject tower is to be located, which shall contain language in accordance with divisions (A) through (I).

         (d)   Site plan requirements.  In addition to the site plan requirements found elsewhere in the zoning ordinance, site plans for wireless communications facilities shall include the following supplemental information.

            1.   Location and approximate size and height of all buildings and structures within 500 feet adjacent to the proposed wireless communication facility.

            2.   Site plan of entire development, indicating all improvements including landscaping and screening.

            3.   Elevations showing all facades, indicating exterior materials and color of the tower(s) on the proposed site.

            4.   Plans shall be drawn at the scale of one inch equals 50 feet.

         (e)   General approval standards.  Generally, approval of a wireless communication facility can be achieved if the following items are met.

            1.   The location of proposed tower is compatible with the master plan and zoning ordinance.

            2.   All efforts to locate on an existing tower have been made and have not been successful or legally/physically possible.

            3.   The submitted site plan complies with the performance standards set forth in these regulations.

            4.   The proposed facility/tower will not unreasonably interfere with the view from any public park, natural scenic vista, historic building or district, or major view corridor.

            5.   The lowest six feet of the facility/tower shall be visually screened by trees, large shrubs, solid walls, solid fences, and/or nearby buildings.

            6.   The height and mass of the facility/tower does not exceed that which is essential for its intended use and public safety.

            7.   The owner of the wireless communication facility has agreed to permit other persons/cellular providers to attach cellular antenna or other communications apparatus that do not interfere with the primary purpose of the facility.

            8.   There exists no other existing facility/tower that can reasonably serve the needs of the owner of the proposed new facility/tower.

            9.   The proposed facility/tower is not constructed in such a manner as to result in needless height, mass, and guy-wire supports.

            10.   The color of the proposed facility/tower will be of a light tone or color (except where required otherwise by the FAA) to minimize the visual impact.  The tower will have a security fence around its base or the lot in which it is located.

            11.   The facility/tower is in compliance with any other applicable local, state or federal regulations.

         (f)   Additional considerations.

            1.   In reviewing the conditional use application, the Board of Zoning Appeals shall consider the particular needs and circumstances of each application, and examine the following items as they relate to the proposed conditional use:

               a.   Topography;

               b.   Zoning on site;

               c.   Surrounding zoning and land use;

               d.   Streets, curbs, gutters and sidewalks;

               e.   Access to public streets;

               f.   Driveway and curb cut locations in relation to other sites;

               g.   General vehicular and pedestrian traffic;

               h.   Parking location and arrangement;

               i.   Number of parking spaces needed for the particular special use;

               j.   Internal site circulation;

               k.   Building height, bulk and setback;

               l.   Front, side and rear yards;

               m.   Site coverage by building(s), parking area(s) and other structures;

               n.   Trash and material storage;

               o.   Alleys, service areas and loading bays;

               p.   Special and general easements for public or private use;

               q.   Landscaping and tree masses;

               r.   Necessary screening and buffering;

               s.   Necessary fencing;

               t.   Necessary exterior lighting;

               u.   On-site and off-site, surface and subsurface storm and water drainage;

               v.   On-site and off-site utilities;

               w.   Dedication of streets and rights-of-way;

               x.   Proposed signage (subject to regulations established by the sign ordinance); and

               y.   Protective restrictions and/or covenants.

   (K)   General wireless communications facility performance standards.

      (1)   Colocation requirements.  All commercial wireless telecommunication towers erected, constructed, or located within municipality shall comply with the following requirements.

         (a)   A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the Board of Zoning Appeals finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing approved tower or building, within a one-mile-search radius (one-half-mile-search radius for towers under 120 feet in height, one-quarter-mile-search radius for towers under 60 feet in height) of the proposed tower, due to one or more of the following reasons.

            1.   The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

            2.   The planned equipment would cause interference materially impacting the usability of the other existing or planned equipment at the tower or building, as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost.

            3.   Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function for reasons documented by a qualified and licensed professional engineer.

            4.   Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building. 

         (b)   1.   It is the applicant's responsibility to adequately show due diligence in seeking to colocate telecommunications facilities.

            2.   The applicant shall submit documented refusals of attempts to colocate on towers within the search area.

         (c)   1.   Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for:

               a.   At least two additional users if the tower is over 100 feet in height; or

               b.   At least one additional user if the tower is over 60 feet in height.

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

      (2)   Tower and antenna design requirements.  Proposed and modified towers and antennas shall meet the following design requirements.

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

         (b)   Commercial wireless telecommunication service towers shall be of a monopole design, unless the Board of Zoning Appeals determines that an alternative design would better blend into the surrounding environment.

      (3)   Tower height.  The maximum tower height permitted in the city is to be calculated by applying the following standards.

         (a)   If the tower is designed to accommodate only one service provider, the maximum height shall be 120 feet from grade.

         (b)   If the tower is designed to accommodate two service providers, the maximum height shall be 160 feet from grade.

         (c)   If the tower is designed to accommodate more than two service providers, the maximum height shall be 199 feet from grade.

      (4)   Accessory utility buildings.

         (a)   All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment, and shall meet the minimum setback requirements of the underlying zoning district.

         (b)   Ground-mounted equipment shall be completely screened from view by suitable landscaping and/or vegetation, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood.

      (5)   Tower lighting.  Towers shall not be illuminated by artificial means and display strobe lights, unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower.

      (6)   Antennas mounted on structures, roofs, walls, and existing towers.  The placement of wireless telecommunication antennas on roofs, walls, and existing towers may be approved by the Zoning Administrator; provided the antennas meet the requirements of these regulations, after submittal of:

         (a)   A final site and building plan; and

         (b)   A report prepared by a qualified and licensed professional engineer, indicating the existing structure of the tower's suitability to accept the antenna, and the proposed method of affixing the antenna to the structure.  Complete details of all fixtures and couplings, and the precise point of attachment shall be indicated.

      (7)   Temporary wireless communications facilities.  Any facility designed for temporary use is subject to the following requirements.

         (a)   Use of a temporary facility is allowed only if the owner has received permission from the Board of Public Works.

         (b)   Temporary wireless facilities are permitted for no longer than 30 days while constructing permanent facilities, and for no longer than five days during a special event.

         (c)   Temporary facilities are subject to all applicable portions of these regulations, excluding divisions (K)(3)(b) and (c).

      (8)   Interference with public safety telecommunications.

         (a)   Neither new nor existing telecommunications service shall interfere with public safety telecommunications within the city or county.

         (b)   All applications for new service shall be accompanied by an intermodulation study, providing a technical evaluation of existing and proposed transmissions, and indicating all potential interference problems.

         (c)   Before the introduction of a new service or changes in existing service, telecommunication providers shall notify the city and county at least ten calendar days in advance of such changes to allow the city and county to monitor interference levels during the testing process.

      (9)   Abandoned or unused towers or portions of towers. Abandoned or unused towers or portions of towers shall be removed in the following manner.

         (a)   The owner of a wireless facility shall file annually a declaration with the Zoning Administrator as to continuing operation of every facility installed subject to these regulations.

         (b)   Failure to do so shall be determined to mean that the facility is no longer in use and considered abandoned, thus subject to the following regulations.

         (c)   All abandoned or unused towers and associated facilities shall be removed within 180 days of the cessation of operations at the site, unless a time extension is approved by the Zoning Administrator.

            1.   A copy of the relevant portions of a signed lease, requiring the applicant to remove the tower and associated facilities upon cessation of operations at the site, shall be submitted at the time of application.

            2.   In the event that a tower is not removed within 180 days of the cessation of operations at a site, the tower and associated facilities may be removed by the county, and the costs of removal assessed against the property.

            3.   Unused portions of towers above a manufactured connection shall be removed within 180 days of the time of antenna relocation.

            4.   The replacement of portions of a tower previously removed requires the issuance of a new wireless facility permit.

      (10)   Signs and advertising.  The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.

   (L)   Zoning-specific wireless communication facility performance standards.

      (1)   Wireless facility siting standards; zoning.  Commercial wireless communications facilities are allowed only as a conditional use, requiring the approval of a conditional use permit, in all zoning districts.

      (2)   Noncommercial wireless facility standards.

         (a)   Towers supporting amateur radio antennas and conforming to all applicable provisions of these regulations shall be allowed only in the rear yard of residentially zoned parcels.

         (b)   In accordance with the Federal Communication Commission's preemptive ruling PRB 1, towers erected for the primary purpose of supporting amateur radio antennas may exceed 30 feet in height, provided the Zoning Administrator determines that the proposed tower height is technically necessary to successfully engage in amateur radio communications.

(Ord. 3274, passed 6-18-01)