A.    DISTRICTS AND DESIGNATIONS.

For zoning purposes the territory within the jurisdiction of the Town of New Palestine is divided into nine (9) districts with the following names and designations:

 

B.    ZONE MAP.

The zone map, which accompanies and is hereby declared to be a part of this code, shows the boundaries of the area covered by the districts. Notations, references, indications and other matters shown on the zone map are as much a part of this code as if they were fully described herein.

   1.   A part of the code. The boundaries of the districts are established on a map entitled, Zone Map, New Palestine, Indiana, dated 2001, as amended, hereinafter referred to as the "Official Zone Map" which accompanies and is incorporated in and made a part of this chapter. Notations, references, indications, and other matters shown on the zone map are as much a part of this chapter as if they were fully described herein.

   2.   Verification. The official zone map shall be identified by the signature of the Town Council President, attested by the Clerk-Treasurer, and bearing the seal of the city under the following words: "This is to certify that this is the official zone map referred to in Section 1.08 of The Code of Ordinances of the Town of New Palestine, Indiana."

   3.   Future map entries. If, in accordance with the provisions of this chapter, changes are made in district boundaries or other matter portrayed on the official zone map, such changes shall be entered on the map promptly after the amendment has been approved by the Council, with an entry on the official zone map as follows: "On (date) by official action of the Council, the following changes were made in the official zone map; (brief description of the nature of the changes),which entry shall be signed by the Town Council President and attested by the Clerk-Treasurer."

   4.   Changes. No changes of any nature shall be made in the official zone map or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter and punishable as provided under Section 8.

   5.   Location of zone map. Regardless of the existence of purported copies of the official zone map which may from time to time be made or published, the official zone map which shall be located in the office of the Town Manager shall be the final authority as to the current zoning status of land and water areas, building, and other structures in the city.

   6.   Damaged, lost, or destroyed map. In the event the official zone map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the Council may direct the Plan Commission to prepare a new official zone map which shall supersede the prior map on approval by the Council. The new official zone map may correct drafting or other errors or omissions in the prior map, but no such correction shall have the effect of amending the original official zone map or any subsequent amendment. The new official zone map shall be identified by the signature of the Mayor attested by the Clerk-Treasurer and bearing the seal of the city under the following words: "This is to certify that this official zone map supersedes and replaces on this day (date) the official zone map adopted (date of adoption of map being replaced) as part of Chapter 90 of the Town of New Palestine, Indiana."

   7.   Map to be preserved. Unless the prior official zone map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

A.   CENTER LINES OF STREETS AND BOUNDARIES.

Unless otherwise indicated, the district boundary lines are the centerlines of streets, parkways, alleys, or railroad right-of-way, or such lines extended.

B.    APPROXIMATIONS.

Boundaries indicated as approximately following section line limit, half section and quarter section lines and town corporate limit lines, or platted lot lines shall be construed as following such lines.

C.    RAILROAD LINES.

Boundaries indicated, as following railroad lines shall be construed to be midway between the main tracks.

D.   SHORE LINES AND WATERWAYS.

Boundaries indicated as following shore lines shall be construed to follow the shore lines, and in the event of change in the shore lines shall be construed as moving with the actual shore lines. Boundaries indicated as approximately following the center lines of streams, creeks, lakes, or other bodies of water shall be construed to follow such center lines. However, where streams and rivers meander from their beds as they existed on the effective date of this ordinance, the boundary shall be construed as following the original stream or riverbed.

E.    USE OF SCALE ON ZONE MAP.

Boundaries indicated as parallel to or extensions of features indicated in divisions (A) through (D) above shall be so construed. Distances not specifically indicated on the official zone map shall be determined by the scale of the map.

F.    COMMISSION MAY DETERMINE.

Where physical or cultural features existing on the ground are at variance with those shown on the official zone map, or in other circumstances not covered by divisions (A) through (F) herein, the Planning Commission shall interpret the district boundaries.

G.   VACATIONS AND RELOCATIONS.

The vacation or relocation of rights-of-way and lot lines shall not affect the location of district boundaries. However, whenever proper authority vacates any right-of-way, the districts adjoining each side of such vacation shall be extended automatically to the center of such vacation.

H.   LINES SPLITTING LOTS.

   1.   Where a boundary line of a district divides a lot having frontage on a street so that the front part of the lot lies in one district and the rest of the lot lies in another, use requirements and restrictions that apply to the front part of the lot apply to the entire lot. The Board of Zoning Appeals, on appeal, shall interpret the applicable regulations for either portion of the lot not to exceed 50 feet beyond the district boundary line into the remaining portion of the lot.

   2.   Where a district boundary line divides a lot which does not have frontage on a street or has frontage on more than one street the Board of Zoning Appeals, upon appeal, shall interpret the applicable regulations for either portion of the lot not to exceed 50 feet beyond the district boundary line into the remaining portion of the lot.

The regulations set forth in this chapter within each district shall be minimum regulations and shall apply uniformly to each class of kind of structure or land, except as hereinafter provided:

A.    REGULATIONS APPLY.

No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located, and any other regulations required by this code.

B.   LOT AREAS AND YARDS MAY NOT BE ENCROACHED UPON.

No building shall be erected, reconstructed or structurally altered in any manner which will encroach upon, or reduce in any manner, the yards, lot area per family, ground floor area of dwellings, or lot coverage provisions established and specified for the use and the district in which such building is located, or in any other manner contrary to the provisions of this Code.

C.   YARDS ARE SEPARATE.

No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

D.    NO REDUCTION IN YARDS.

No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this Code.

   R-1 Single Family Residential

This district is defined as that which is primarily intended for single family residential development on relatively flat land in areas that have or have planned public services.

   R-2 Single Family Residential

This district is defined as that which is primarily intended for residential development in areas in and surrounding urban service areas, where public sewer service is available or planned in the near future.

   R-3 Multi-Family Residential

This district is defined as that which is primarily intended for multifamily residential development in areas within urban service areas, near business nodes and concentrations where the development of multifamily and two-family residential lots and developments in areas where public services exist to service them efficiently, and Mobile Home Parks as a Special Exception.

A.   PERMITTED USE.

 

 

B.    SPECIAL EXCEPTIONS.

 

 

 

      *Independent and semi-independent living facilities, see division M.12.

C.    RESERVED.

D.    ACCESSORY USES.

INTENT.

Accessory uses shall be permitted in all zone districts in accordance with the provisions of this section. Accessory uses:

   1.   Shall be incidental and subordinate to, and commonly associated with, the operation of the principal use of the lot.

   2.   Shall be operated and maintained under the same ownership and on the same lot as the principal use.

   3.   Shall be clearly subordinate in height, area, bulk, extent and purpose to the principal use served.

   4.   Shall not be located closer to any lot line than the minimum setback line required, unless specified otherwise in this Code.

   5.   Shall not be permitted prior to the erection and operation of the principal use, unless a temporary Improvement Location Permit is obtained in accordance with Sec.1.05 (E).

INTERPRETATION.

   1.   Such appurtenant features as walks, driveways, curbs, drainage installations, retaining walls, mailboxes, lamp posts, bird baths and structures of a like nature are allowed without permits.

   2.   The growing of vegetation, provided it is not for profit, is allowed without a permit.

   3.   The keeping of domestic pets, provided it is not for profit and not construed as a kennel, is allowed without permit.

   4.   The maximum amount will not exceed four (4) adult pets.

APPLICATION OF ACCESSORY USES.

   1.   Such buildings or structures as garages, carports, canopies, porte-cocheres, patios, outdoor fireplaces, bath houses and cabanas, doghouses, children's play equipment, greenhouses, and similar accessory buildings or structures.

   2.   Off-street motor vehicle parking and loading areas, provided, however, for residential uses, not more than one such space shall be provided for a commercial vehicle of more than three (3) tons capacity (manufacturer's rating).

   3.   Swimming pools.

      a.   No person shall construct, remodel, or alter any swimming pool until a permit to do so is obtained from the Zoning Administrator. An application for such permit shall be filed with the Zoning Administrator, on a form furnished by him, together with the plans and specifications for such pool. The Administrator shall examine such plans and specifications to determine whether or not the pool will comply with the provisions of this chapter. If it appears that the pool will comply therewith, he shall note his approval on the plans and specifications and shall issue a permit authorizing the work to proceed.

      b.   The Zoning Administrator is authorized to enter on any premises to determine whether or not the owner has complied with the provisions of this chapter.

      c.   No swimming pool shall be constructed except on the same lot as the owner's dwelling or on a vacant lot immediately contiguous thereto if it is under the same ownership as the dwelling.

         1.   The following conditions must be met if the pool is to be located on the same building lot as the dwelling of the owner:

            a.   The pool must be constructed in the rear yard but not closer at any point than ten (10) feet from the building itself;

            b.   The pool must be enclosed by a fence in the manner set forth below and at no point may the fence be closer than ten (10) feet to any property line;

            c.   A fence surrounding or partially surrounding a pool shall not be closer than six (6) feet to the edge of the pool at any point.

            d.   The surface area of the pool may not exceed twenty-five percent (25%) of the area of the rear yard.

         2.   When a pool is located on a lot contiguous to the lot on which the owner's house is located and under the same ownership as the dwelling, the following conditions must be met:

            a.   No part of the pool shall be located forward of the setback line of the owner's dwelling;

            b.   No part of the pool shall be closer than ten (10) feet from the owner's dwelling and no closer than sixteen (16) feet from any property line of any other property owner;

            c.   No pool shall be built across any property line regardless of the ownership thereof;

            d.   If the contiguous lot has frontage on a street other than that on which the owner's dwelling is located, no part of the pool shall be forward of the minimum setback line.

      d.   Lights to illuminate any pool shall be so arranged and shaded as to reflect light away from adjoining premises and streets.

   5.   Management offices in multi-family dwelling or apartment use, and other facilities normally associated with tenants' conveniences, such as vending machines and washing machines, provided there is no exterior display.

   6.   Residential occupancy by domestic employees employed on the premises.

   7.   Foster family case where children unrelated to the residents by blood or adoption are cared for, provided that no sign shall be displayed.

   8.   Stables and animal pens, on residential lots of at least five (5) acres; provided, however, any structures, pens or corrals housing animals shall be 200 feet from an adjoining property line, except where animals are kept in sound-proof air conditioned buildings, in which case the required setback line is 100 feet.

   9.   Storage areas, as regulated in applicable sections of this Code.

   10.   Private residential garages and carports for the storage of motor vehicles, which are clearly accessory and not for commercial purposes.

   11.   Storage or parking of recreational vehicles or the storage of motor vehicles, which are clearly accessory and not for commercial purposes.

      a.   In any district the wheels or similar transporting devices of any recreational vehicle shall not be removed except for repairs, nor shall such vehicle be otherwise permanently fixed to the ground in a manner that would prevent ready removal of said types of mobile structures.

      b.   Recreational vehicles may be stored or parked by the owner thereof behind or along side the primary building in such a manner that no part of any such vehicle shall project beyond the front or side set back lines of the lot.

      c.   Not more than two (2) recreational vehicles will be permitted to be parked or stored in the open on residential property at any one time; provided, however, that one additional such vehicle be permitted for visitation for seven (7) consecutive days and not to exceed fourteen (14) days in any one year.

      d.   At no time shall such parked or stored recreational vehicles be occupied or used for living, sleeping or housekeeping purposes, except as provided for visitations in (c) above.

      e.   Notwithstanding the provisions of (d) above, recreational vehicles may be parked anywhere on the premises for loading or unloading purposes, for not longer than a period of forty-eight (48) consecutive hours in any one week period.

      f.   Storage of a continually unoccupied mobile home is only permissible in a business or industrial district at a location legally qualified to render storage for said mobile homes.

      g.   Satellite (earth) television antennas in accordance with the following standards:

         1.   There shall be one satellite television antenna permitted per residential lot.

         2.   In all districts, a satellite television receiving antenna having a diameter greater than four (4) feet shall be located on the ground upon and within a poured concrete foundation to the rear of the principal building on a lot, and within the building area, and shall not exceed thirteen (13) feet in height or the height of the main structure, whichever is less.

         3.   In all districts, a satellite television antenna having a diameter of four (4) feet or less may be located on the principal building or an accessory building on a lot, and shall not exceed a height of more than four (4) feet above the roof on which it is mounted, subject to the particular height requirements of the district. When an antenna having a diameter of four (4) feet or less is located on the ground, all requirements contained in paragraph (b) herein shall apply.

         4.   The satellite television antenna shall be screened from view by a fence or natural plants and can be located in a side yard to the rear of the Building Setback lines if, in the opinion of the Zoning Administrator, the antenna can be adequately screened from view.

         5.   No satellite television antenna shall be linked to a receiver, which is not located on the same lot or parcel of real estate.

E.   TEMPORARY USES.

   Uses Which May Be Permitted By the Board

 

 

TEMPORARY USE STANDARDS.

   1.   Adequate access and off-street parking facilities shall be provided which shall not interfere with traffic movement on adjacent streets.

   2.   No public address systems or other noise producing devices shall be permitted in a residential district.

   3.   Any flood lights or other lighting shall be directed upon the premises and shall not be detrimental to adjacent properties.

   4.   No banners, pennants or unnecessary signs shall be permitted in a residential district. The lot shall be put in clean condition devoid of temporary use remnants upon termination of the temporary period.

F.    DEVELOPMENT STANDARDS.

 

 

 

* Front Yard.

   1.   For residential uses where twenty-five percent (25%) or more of the lots in the block frontage are occupied by buildings, the average setback of such buildings determines the dimension of the front yard in the block frontage, but the front yard need not exceed fifty (50) feet in any case.

   2.   Building lines or building setback lines established in a recorded subdivision shall establish the dimension of front yards in such subdivisions.

   3.   On through lots, a front yard is required on each street.

   4.   Along the fenced right-of-way of any street, highway or arterial thoroughfare, where access rights thereto have been purchased or otherwise required and controlled by a governmental agency having jurisdiction thereof, the minimum building setback lines shall be a distance of twenty (20) feet from right-of-way; provided, however, said setback line shall not encroach upon any easement.

**Side Yard

Where sixty percent (60%) or more of the lots in a block frontage are occupied by buildings which provide side yards of less than the minimum required by this Code, the average side yard of such buildings may determine the required side yard; provided, however, no side yard shall be reduced to less than three (3) feet. Where an existing building is deficient in side yards, any addition to such an existing building shall maintain the existing side yards

(Am. Ord. 081617, passed 8-16-2017)

G. FRONT AND SIDE YARD REQUIREMENTS.

YARD ENCROACHMENTS.

No structure or part thereof shall project into a required front yard except:

   1.   An eave, cornice overhang, awning, balcony or bay window not exceeding four (4) feet; provided, however, that in no event shall said encroachment protrude closer than twenty (20) feet to a front lot line.

   2.   The ordinary projection of belt courses, sills, lintels, chimneys, and other similar ornamental and architectural features not exceeding two feet.

   3.   Unenclosed, uncovered steps, entrance platforms, terraces or landings not over eighteen (18) inches above grade level and not to project a distance in excess of ten (10) feet.

PROJECTIONS.

No structure or part thereof shall project into a required side or rear yard except:

   1.   An eave, cornice, overhang, awning, balcony or bay window not exceeding four (4) feet; provided, however, that said encroachment shall not protrude closer than eighty percent (80%) of the required distance to any side or rear lot line.

   2.   The ordinary projection of belt courses, sills, lintels, chimneys and other similar ornamental and architectural features not exceeding two feet; provided, however, that said encroachment shall not protrude closer than eighty percent (80%) of the required distance to any side or rear lot line.

   3.   Unenclosed, uncovered steps, entrance platforms, terraces, or landings not over eighteen (18) inches above grade level.

ALLEY ABUTTING REAR OR SIDE YARD.

One-half of an alley abutting the rear or side of a lot may be included in the rear yard or side yard, respectively, but such alley space shall not be included for loading and unloading berths.

H.    PARKING.

 

OFF-STREET PARKING AND LOADING.

   1.   INTENT.

      a.   Accessory off-street parking and loading facilities shall be provided and maintained for all buildings, structures or premises used in whole or in part for purposes permitted by this Code in accordance with the provisions of this section, or as otherwise indicated in Section 3, or elsewhere.

      b.   The regulations of this section are designed to alleviate or prevent congestion of the public streets by establishing minimum requirements for on-site parking of motor vehicles in accordance with the use to which the property is occupied.

   2.   SCOPE.

      a.   No use lawfully established prior to this code shall be required to provide and maintain the parking and loading requirements herein; provided, however, the off-street parking and loading spaces required by any previous ordinances adopted pursuant to the Indiana Planning Statutes shall be continued and maintained.

      b.   For any nonconforming use which is hereafter damaged or partially destroyed, and which is lawfully reconstructed, re-established, or repaired, off-street parking and loading facilities equivalent to those maintained at the time of such damage or partial destruction shall be restored and continued in operation; provided, however, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this Code for equivalent new uses.

      c.   When the intensity of use of any building, structure or premises 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 herein shall be provided for such increase in intensity of use.

      d.   Whenever the existing use of a building, structure or premises shall hereinafter be changed or converted to a new use permitted by this Code, parking and loading facilities shall be provided as required for such new use.

      e.   Accessory off-street parking or loading facilities in existence on or before enactment of this code shall not hereafter be reduced below, or if already less than, shall not be further reduced below the requirements for a similar new use under the provisions of this Code.

      f.   Nothing in this Code shall be deemed to prevent the voluntary establishment of accessory off-street parking or loading facilities to serve any existing use of land or buildings, provided that all regulations herein governing the location, design, and operation of such facilities are adhered to.

      g.   Accessory off-street parking and loading spaces shall be provided on the same lot as the uses served, except as otherwise provided in this Code, and may be situated in one or more individual areas.

      h.   Accessory off-street parking facilities for separate uses may be provided collectively if the total number of spaces so provided is not less than the sum of the separate requirements for each such use, and provided that all regulations governing location of accessory parking spaces in relation to the use served are adhered to. Further, no parking space or portion thereof shall serve as a required space for more than one use unless otherwise authorized by the Board of Zoning Appeals.

      i.   Accessory off-street parking and loading facilities provided to comply with the provisions of this Code shall not subsequently be reduced below the requirements of this Code.

      j.   Accessory off-street parking facilities required herein shall be utilized solely for the parking of passenger automobiles or light trucks of less than one (1) ton capacity, of patrons, occupants or employees of specified uses. Said parking facilities shall not be used for the storage, display, sale, repair, dismantling or wrecking of any vehicle, equipment or material.

      k.   Required off-street loading and unloading spaces shall not be construed as being part of the required off-street parking spaces.

   3.   GENERAL PROVISIONS.

      a.   Each required off-street parking space shall be at least nine (9) feet in width and at least eighteen (18) feet in length, exclusive of access drives or aisles, ramps, columns, or office or work areas. Such space shall have adequate vertical clearance. For parallel parking, the length of the parking space shall be increased to twenty-four (24) feet.

      b.   Except on lots occupied by one, two-family and multi-family dwellings, each off-street parking space shall be open directly upon an aisle or driveway at least twelve (12) feet wide or such additional width and design in accordance with the following table, so as to provide safe and efficient means of vehicular access to such parking space. Such aisle or driveway shall be unobstructed and allow for the passage of emergency vehicles at all times.

      c.   The angle shall be measured between center line of parking space and center line of aisle.

 

 

      d.   All off-street parking or loading facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement.

      e.   In determining the minimum required number of off-street parking spaces, the following instructions shall be applicable in such computations:

         1.   If the unit of measurement is any fraction of the unit specified in relation to the number of spaces to be provided, said fraction shall be considered as being the next unit and shall be counted as requiring one space.

         2.   In sports arenas, church and other places of assembly in which patrons occupy benches, pews or other similar seating facilities, each twenty-two (22) inches of such seating shall be counted as one (1) seat for the purpose of determining requirements hereunder.

      f.   Accessory off-street parking areas may count toward the open space requirements of this Code.

OFF-STREET PARKING FACILITIES.

   1.   INTENT.

Required off-street parking facilities shall be provided hereinafter. The Board of Zoning Appeals is hereby authorized to grant an off-street parking facility as a special exception in accordance with the following conditions:

      a.   A development plan for such off-street parking facility shall be filed with the Board of Zoning Appeals as a required exhibit accompanying the special exception application and shall be made part of the conditions of any approval. Said development plan shall demonstrate compliance with all applicable standards of this Code. It shall be amended and submitted for re-approval if there are any changes or other modifications of uses served, or number of parking spaces provided therefore, and shall indicate:

         1.   Adjacent streets, alleys and lots.

         2.   All individual primary uses to be served, including the location use and number of parking spaces for each such use.

         3.   A layout drawn to scale of aisles and driveways, entrances, exits and turn-off lanes, parking spaces, setbacks, drainage facilities, and landscaping and buffer screening.

         4.   Type of lighting and pavement proposed, and identification signs including location, size and design thereof.

      b.   Off-street parking facilities shall be provided with setback distances equivalent to the requirements of the district, and ingress and egress points shall be limited to protect the function of adjoining streets.

      c.   Off-street parking facilities shall be encumbered by any instrument duly executed, in recordable form and acknowledged, which shall dedicate said accessory off-street parking facilities solely for parking for the use served. Said instrument shall specify and bind the time period to the anticipated life of the building or use to which the parking facilities are accessory. Said instrument shall be filed in the applicable Improvement Location Permit files of the Zoning Administrator's Office, and placed on public record in the office of the County Recorder.

      d.   Off-street parking facilities shall be developed in accordance with the provisions of Subsection (2) below. Further, said facilities shall be developed under such conditions imposed by the Board of Zoning Appeals as to protect residential districts and minimize the disturbance to nearby residential uses.

   2.   DEVELOPMENT STANDARDS.

      a.   All off-street parking areas for four (4) or more vehicles shall be developed in accordance with the standards of this subsection.

      b.   Required off-street parking spaces shall be so designed, arranged and regulated as to have individual spaces marked, be unobstructed and have access to an aisle or driveway so that any vehicle may be moved without moving another, and so that no maneuvering directly incidental to entering or leaving a parking space shall be on any public right-of-way or walkway.

      c.   Off-street parking spaces may be open to the sky or enclosed in a building. When a building is constructed or used for parking facilities on the lot, said building shall be treated as any other structure and subject to all requirements thereof.

      d.   No repair work, sales or service of any kind shall be permitted in association with accessory off-street parking facilities unless such facilities are enclosed in a building and otherwise permitted in the district.

      e.   All open off-street parking areas shall be surfaced according to Chapter 93, Design Standards Manual.

      f.   Driveway shall be no closer than twenty-five (25) feet to any adjoining residential property line or ten (10) feet to an adjoining non-residential property line or designed in such a manner as to least interfere with traffic movement on the street. No driveway across public property at the right-of-way line of the street shall exceed a width of thirty (30) feet; provided, however, two (2) driveways not exceeding thirty (30) feet in width each may constitute a single entrance-exit divider designed driveway; provided, further, that such driveways shall conform to the requirements of Chapter 93, Design Standards Manual.

      g.   In any district, each use which is so located that it fronts upon and provides access to an arterial thoroughfare shall provide a frontage lane paralleling and adjoining the improved part of the right-of-way at least eleven (11) feet in width for turn traffic entering the lot. Such frontage lane shall be at least one hundred (100) feet in length, exclusive of the entrance way and taper area; provided, however, if the lot frontage is too small to meet such requirement, the frontage lane shall extend the entire width of the lot.

      h.   Any lighting facilities used to illuminate off-street parking areas shall be so located, shielded and directed upon the parking area in such a manner that they do not reflect or cause glare onto adjacent properties or effect street traffic. In no instance shall bare unshaded bulbs be used for such illumination.

      i.   Such parking areas shall be graded and properly drained in such a manner that there will be no free flow of water onto either adjacent property or public sidewalks. Further, any additional run-off generated by such improved areas shall be disposed of in appropriate drainage facilities.

      j.   Such parking areas shall be so lined or designated as to insure the most efficient use of the parking spaces, and provided with bumper guards or wheel guards so located that no part of the parked vehicle will extend beyond the boundary of the established parking area into any minimum required yard or onto adjoining property.

      k.   No business signs or advertisements shall be permitted in parking areas; provided, however, directional and identification signs shall be permitted in accordance with Sec. 1.04(I).

      l.   The ground area between the required off-street parking area setback and any lot line shall be landscaped with appropriate material to adequately indicate delineation.

I.   RESERVED.

J.   SAFETY AND VISION.

In order to provide for the maximum safety of persons using sidewalks and streets: on any corner lot, a wall, fence, sign, structure, display of merchandise or any other plant growth that obstructs sight lines at elevations between two and one-half (2½) feet and ten (10) feet above the crown of the adjacent roadway shall not be placed or maintained within a triangle of the area of the lot twenty-five (25) feet from the street right-of-way at intersections.

K.   FENCES.

   1.   Fences used for residential purposes shall be allowed with the issuance of a permit, subject to the following provisions:

      a.   Fences shall be allowed in side and rear yards up to a height of six (6) feet.

      b.   No setback shall be required for fences in side and rear yards.

      c.   Fences shall be allowed to extend along side property lines provided that from the building setback line to the road right-of-way line and they shall be of an open or wire mesh type and shall not exceed three and one-half (3-1/2) feet in height.

      d.   Fences shall not be permitted to block passage along existing sidewalks.

      e.   Fencing intended for decorative purposes only, and which does not include any area to be completely enclosed may be allowed on any part of a parcel, provided that it does not exceed three (3) feet in height.

   2.   Every outdoor swimming pool, which is more than 18 inches in depth, shall be surrounded by a fence not less than six (6) feet in height. Such fence shall be either of chain link type and style or of a style offering equivalent protection. All gates or doors opening through such enclosure shall be designed to permit locking and shall be kept locked when the pool is not in actual use, or left unattended.

L.   RESERVED.

M.   SPECIAL EXCEPTIONS STANDARDS.

   1.   Artificial Lake of three (3) or more acres.

      a.   Fence. Six (6) foot wire mesh fence where accessible to public.

      b.   Development Plan. Development Plan to be submitted with application.

      c.   State approval, as required by Department of Natural Resources.

   2.   Assembly Halls and Grounds.

      a.   Parking. See subsection H.

      b.   Noise. Noise shall be confined to the premises.

      c.   Development Plan. Development Plan to be submitted with application.

      d.   Signs and Lighting. Outdoor signs and outdoor artificial lighting shall be approved by the Board.

      e.   Security. Security (whenever necessary) shall be furnished by the applicant.

      f.   Height. Maximum height of structure - 35 feet.

   3.   Family Day Care Home.

      a.   Minimum area.

         1.   100 square feet of outdoor play area provided on same lot as use for maximum occupancy under Indiana Law.

         2.   35 square feet of suitable indoor space per session per maximum occupancy under Indiana Law.

      b.   Open/Recreational Space.

         1.   Outdoor play area shall be grassed and enclosed by a six-foot high masonry wall or fence. Any entry gate shall be securely fastened.

         2.   Outdoor play areas shall be adequately separated from vehicular circulation and parking areas.

         3.   Outdoor play area cannot be closer than 10 feet to any adjoining property.

      c.   General Safety.

         1.   No portion of a day care center site may be located within 300 feet of gasoline pumps or underground gasoline storage tanks, or any other storage area for explosive materials.

         2.   Garages shall not be used as a designated play area.

      d.   Parking. See subsection H.

      e.   General Standards.

         1.   No noise shall be audible beyond the lot lines.

         2.   Hours of operation may be restricted by Board of Zoning Appeals.

      f.   Traffic Standards.

         1.   Day care centers shall create no unsafe conditions for picking up and dropping off children.

         2.   Loading and unloading of children from vehicles shall only be permitted on the driveway, approved parking areas, or directly in front of the facility.

      g.   Spacing Requirements. No facility shall be located closer than 600 feet to another family day care home.

      h.   Signs. One sign, not exceeding four square feet and five feet in height may be used to identify the center.

      i.   No sales. No goods, chattel, wares, or merchandise may be offered for sale therein, except in the B-1, B-2, and B-3 Districts.

      j.   License Required. Applicant must obtain a Day Care Home License from the Indiana Department of Public Welfare.

   4.   Golf Course or County Club.

      a.   Parking Spaces. See subsection H.

      b.   Development Plan. Development Plan to be submitted with application.

      c.   Signs and Lighting. Outdoor signs and outdoor artificial lighting shall be approved by the Board.

      d.   Height. Maximum height of structure - 35 feet.

   5.   Mobile Home Park.

      a.   Development Plan. Development Plan to be submitted with application.

      b.   Area. A mobile home park shall have an area of not less than three (3) acres.

      c.   Soil. The condition of the soil and ground water level of the proposed park site shall meet the criteria promulgated by the United States Department of Agriculture Soil Conservation Service. The site shall not be subject to unpredictable or sudden flooding, subsidence, or erosion. Exposed ground surfaces shall be paved, covered with stone screenings, or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust. Exposed ground surfaces shall be graded and equipped to drain all surface water in compliance with the Hancock County Drainage Ordinance.

      d.   Smoke, Noise and Odor. The proposed site shall not expose adjoining properties to objectionable smoke, noise, odor or other adverse influences.

      e.   Screening. A solid planting screen not less than 12 feet high and 6 feet wide shall be located and effectively maintained at all times along all boundary lines except at established entrances and exits serving the park. A basket weave or similar type fence or brick or stone wall may be permitted by the Board instead of a planting screen. The Board may waive any part of these screening requirements temporarily or permanently if adequate screening already exists or if the topography or other conditions so warrant.

      f.   Use. No part of any park shall be used for nonresidential purposes, except such uses that may be for the benefit of and well-being of park residents and for the management and maintenance of the park; provided, however, that this shall not prohibit the sale of a mobile home located on a mobile home slab on a mobile home lot and connected to the appropriate utilities; provided further, however, that a mobile home sales business may be allowed in the mobile home park upon a showing that said business, and its location, is in the best interest of the public health, safety, morals and general welfare, as determined by the Board of Zoning Appeals.

      g.   Side, rear, and front yards. The tract of land for the proposed park shall have two side yards, each having a minimum of 30 feet in width, a rear yard having a minimum of 30 feet in depth, and a front yard having a minimum of 60 feet in depth.

      h.   Separation. Mobile homes shall be separated from each other and from all other buildings and structures by at least 20 feet. An accessory structure such as an awning, cabana, storage cabinets, carport, windbreak, and porch having a floor area exceeding 25 square feet and an opaque roof or top shall be considered to be part of the mobile home.

      i.   Mobile home lot area and width. Each mobile home lot shall contain a minimum of 4,000 square feet in area, and shall be at least 40 feet in width.

      j.   Parking. Each mobile home lot shall contain two automobile parking areas, each of which has minimum dimensions of 9 feet in width by 18 feet in length.

      k.   Mobile home slab. Each mobile home lot shall contain a mobile home slab or foundation. The area of the slab or foundation shall be improved to provide adequate support for the placement and tie-down of the mobile home so that it is secure against uplift, sliding, rotation, and overturning. The slab or foundation shall be constructed so that it will not heave, shift, or settle unevenly under the weight of the mobile home. The slab or foundation shall be provided with anchors and tie-downs such as cast-in-place concrete "dead men," eyelets imbedded in concrete foundation or runways, screw augers, arrowhead anchors, or other devices securing the stability of the mobile home. Anchors and tie-downs shall be placed at least at each corner of the slab or foundation and each shall be able to sustain a minimum tensile strength of 2,800 pounds.

      l.   Distance between slab or foundation and interior private street. There shall be a minimum distance of 15 feet between the mobile home slab or foundation and an abutting interior park drive.

      m.   Recreation Area. Each park shall provide a recreational area or areas equal in size to at least 8 (8%) percent of the area of the park. Streets, parking areas, and park service facility areas shall not be included in the required recreational area.

      n.   Streets. A mobile home park shall be provided with safe and convenient vehicular access from abutting streets or roads to each mobile home lot. Such access shall be provided by interior private streets or streets or other means approved by the Board. No direct access from a dedicated street to a mobile home lot shall be permitted except by approved entrances and exits. The park entrance shall be designed to minimize congestion and hazards and allow free movement of traffic on adjacent streets. No parking shall be allowed on the park entrance drive for a distance of 100 feet from its point of beginning, unless the park entrance drive has a minimum width of 36 feet. Interior streets, except minor streets, shall have a minimum width of 28 feet, measured from back to back of curb if provided. Minor streets shall have a minimum width of 20 feet. Minor streets having mobile homes abutting on both sides are not acceptable unless the said minor streets are less than 500 feet long. Minor streets serving more than 15 mobile homes are unacceptable. Dead-end streets shall not exceed 1,000 feet in length, and shall be terminated at the closed end with a turnaround having an outside roadway diameter of at least 60 feet.

      o.   Interior Street Construction and Design Standards.

         1.   Pavements. All streets shall be created in accordance with the standards set forth in Chapter 93, Design Standards Manual.

         2.   Grades. Grades of all streets shall be sufficient to ensure adequate surface drainage, but shall not have a grade in excess of 8 (8%) percent; provided, however, that short runs having a maximum grade of 12 (12%) percent may be permitted if traffic safety is assured by appropriate paving, adequate leveling areas and avoidance of lateral curves.

         3.   Intersections. Within 100 feet of an intersection, streets shall be at approximately right angles. A distance of at least 150 feet shall be maintained between center lines of offset intersections streets. Intersections of more than two streets at one point shall be avoided.

      p.   Illumination. Parks shall be furnished with lighting units so spaced and equipped with luminaries at such mounting heights that all parts of the interior street system will have an average level of illumination of 0.3 foot candles and that potentially hazardous locations such as major street intersections, steps, and stepped ramps will have an average level of illumination of 0.6 foot candles. All exterior park lights shall be so located and shielded as to prevent direct illumination of any areas outside the park.

      q.   Walks. Mobile home parks shall be provided with safe, convenient, all-season pedestrian access in accordance to Chapter 93, Design Standards Manual.

      r.   Services. Service buildings, recreation buildings, and other community service facilities, such as management offices, repair shops, storage areas, laundry facilities, indoor recreation areas, and commercial uses supplying essential goods or services for the exclusive use of the mobile home park occupants are permitted in the mobile home park, provided that:

         1.   They are subordinate to the residential character of the park; and

         2.   The establishments and the parking areas related to their use shall not occupy more than 10 (10%) percent of the total area of the park.

      s.   Barbecue Pits, Fireplaces, Stoves, and Incinerators. Cooking shelters, barbecue pits, fireplaces, wood-burning stoves and incinerators shall be so located, constructed, maintained and used as to minimize fire hazards and smoke nuisance, both on the property and on neighboring property. No open fire shall be permitted except in facilities provided. No open fire shall be left unattended. No fuel shall be left unattended. No fuel shall be used and no material burned which emits dense smoke or objectionable odors.

      t.   Refuse Handling. The storage, collection and disposal of refuse in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution. All refuse shall be stored in flytight, watertight, rodent-proof containers, which shall be located not more than one hundred fifty (150) feet from any mobile home lot. Containers shall be provided in sufficient number and capacity to properly store all refuse. Refuse collection stands shall be provided for all refuse containers. Such container stands shall be so designed as to prevent containers from being tipped, minimize spillage and container deterioration, and facilitate cleaning around them. All refuse containers shall be collected at least once weekly. Where suitable collection service is not available from municipal or private agencies, the mobile home park operator shall provide this service. All refuse shall be collected and transported in covered vehicles or covered containers. Where municipal or private disposal service is not available, the mobile home park operator shall dispose of the refuse by incineration or transporting to a disposal site approved by the Health Officer. Refuse incinerators, if provided, shall be constructed in accordance with engineering plans and specifications which shall be reviewed and approved by the Health Officer or other authority having jurisdiction. Incinerators shall be operated only when attended by some person specifically trained and authorized by the owner or operator of the mobile home park.

      u.   Electrical Distribution System. Every park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and maintained in accordance with applicable codes and regulations governing such systems. Main power lines shall be located underground. All direct burial conductors or cables shall be insulated and specially designed for the purpose. Such conductors shall be located not less than one foot radial distance from water, sewer, gas or communication lines. Each mobile home lot shall be provided with an approved disconnecting device and over current protective equipment. The minimum service per outlet shall be 120/240 volt AC, 100 amperes. Outlets (receptacles or pressure connectors) shall be housed in a weatherproof outlet box, and shall be located not more than 25 feet from the over-current protective device in the mobile home. A three-pole, four-wire grounding type shall be used. Receptacles, if provided, shall be in accordance with American Standard Outlet Receptacle C-73.1, as amended. Connectors, if not substituted by more than one receptacle, shall be provided where the calculated load of the mobile home is more than 100 amperes. The mobile home shall be connected to the outlet box by an approved type of flexible supply cord with a male attachment plug or with pressure connectors. All exposed non-current carrying metal parts of mobile homes and other equipment shall be grounded by means of an approved grounding conductor with branch circuit conductors or other approved method of grounded metallic wiring. The neutral conductor shall not be used as an equipment ground for mobile homes or other equipment.

      v.   Insect and Rodent Control. Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the Health Officer. Parks shall be maintained free of accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitoes and other pests. Storage areas shall be so maintained as to prevent rodent harborage. Lumber, pipe and other building materials shall be stored at least one foot above the ground. Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials. The growth of brush, weeds and grass shall be controlled to prevent harborage of ticks, chiggers, and other noxious insects. Parks shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac and other noxious weeds considered detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description.

      w.   Fuel Supply and Storage.

         1.   Natural Gas System. Natural gas piping systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems. Each mobile home lot provided with piped gas shall have an approved manual shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap to prevent accidental discharge of gas when the outlet is not in use.

         2.   Liquefied Petroleum Gas Systems. Liquefied petroleum gas systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems. Systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location. Systems shall have at least one accessible means for shutting off gas. Such means shall be located outside the mobile home and shall be maintained in effective operating condition. All LPG piping outside of the mobile homes shall be well supported and protected against mechanical injury. Undiluted, liquefied petroleum gas in liquid form shall not be conveyed through piping equipment and systems in mobile homes. Liquefied petroleum gas containers installed on a mobile home lot shall be securely but not permanently fastened to prevent accidental overturning. Such containers shall not be less than 12 no more than 60 U.S. gallons gross capacity. No liquefied petroleum gas vessel shall be stored or located inside or beneath any storage cabinet, carport, mobile home, or any other structure, unless such installations are approved by the Fire Department, Sugar Creek Township, Station No. 1.

         3.   Fuel Oil Systems. All fuel oil supply systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems. All piping from outside fuel storage tanks or cylinders to mobile homes shall be permanently installed and securely fastened in place. All fuel oil storage tanks or cylinders shall be securely fastened in place and shall not be located inside or beneath any mobile home or less than 5 feet from any mobile home exit. Storage tanks located in areas subject to traffic shall be protected against physical damage.

      x.   Fire Protection. Mobile home parks shall be kept free of litter, rubbish and other flammable, combustible materials. Portable fire extinguishers rated for Classes B and C fires shall be kept in service buildings and at other locations conveniently and readily accessible for use by all occupants and shall be maintained in good operating condition. Their capacity shall not be less than 20 pounds, a.b.c. Fires shall be made only in stoves, incinerators, and other equipment intended for such purposes. Fire hydrants shall be installed in accordance with the following requirements:

         1.   The water supply system shall permit the operation of a minimum of two (2), one-half inch (½") hose streams.

         2.   Each of two nozzles, held 4 feet above the ground, shall deliver at least 75 gallons of water per minute at a flowing pressure of at least 30 pounds per square inch at the highest elevation point of the park. Fire hydrants shall be located within 500 feet of any mobile home, service building, or other structure in the park.

      y.   Water and Sewage. The water supply and sewage disposal shall meet the minimum requirements of the State Board of Health and the Town of New Palestine.

      z.   State Requirements. All state requirements shall be observed. (See I.C. 16-41-27.)

      aa.   Mobile Home Parks; license, applications. Application for a license to operate a mobile home park shall be made to the State Board of Health on a form prescribed and furnished by the State Board of Health, only after plans for the park have been approved.

      bb.   Mobile Home Parks; construction and alteration of approved plans. The construction of a new mobile home park or alteration of an existing mobile home park shall be made only after plans for the proposed construction or alteration have been forwarded to and approved by the State Board of Health.

   6.   Produce Stands, Seasonal.

      a.   Development Plan. Development Plan to be submitted with application.

      b.   Signs and Lighting. Outdoor advertising sign and outdoor artificial lighting shall be approved by the Board.

   7.   Public Camp.

      a.   Development Plan. Development Plan to be submitted with application.

      b.   Minimum lot area or tract area - five (5) acres.

      c.   Minimum Yards. Front - one hundred (100) feet; Side (each) - seventy-five (75) feet; Rear - forty (40) feet.

      d.   Signs and Lighting. Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.

      e.   Height. Maximum heights of structure - twenty-five (25) feet.

      f.   Health Approval. Approval of Indiana State Board of Health.

   8.   Public Park or Recreational Facilities.

      a.   Landscape Plan. Plan of landscape development to be submitted with application. (May be combined with Development Plan.)

      b.   Development Plan. Development Plan to be submitted with application.

      c.   Signs and Lighting. Outdoor signs and outdoor artificial lighting shall be approved by the Board.

   9.   Riding Stable.

      a.   Minimum Lot Area. Two (2) acres, plus five thousand (5,000) square feet per horse over four (4) horses.

      b.   Minimum Yards. Front, each side and rear yards, fifty (50) feet each, provided the stable shall not be closer than one hundred (100) feet to an existing residential use or Residence District.

      c.   Solid Screen Planting. 6-foot high along boundary of abutting residential use.

      d.   Parking. See subsection H.

      e.   Signs and Lighting. Outdoor signs and outdoor artificial lighting shall be approved by the Board.

      f.   Waste Disposal. Disposal of wastes shall meet the approval of the State Department of Environmental Management.

      g.   Development Plan. Development Plan shall be submitted with application.

      h.   Height. Maximum height of structure - thirty-five (35) feet.

   10.   Transmission Lines for Gas, Oil, Electricity or Other Utilities.

      a.   Development Plan. Development Plan to be submitted with application.

   11.   Bed and Breakfast.

      a.   A bed and breakfast shall be occupied as the primary residence of the property owner.

      b.   No exterior alteration to the structure shall be made which would change the residential appearance of the building.

      c.   The minimum total floor area of the residential structure needed to establish a bed and breakfast use shall be 1,500 square feet. Each bed and breakfast unit in excess of 1 shall require an additional 500 square feet of total floor area.

      d.   Dining and other facilities shall not be open to the public but shall be exclusively for the use of the residents and registered bed and breakfast guests.

      e.   Parking regulations are set forth in division 1.04(H) of this appendix. Where the bed and breakfast is located in a residential zone, parking shall be located behind the bed and breakfast and shall be screened from any public street according to the provisions of Chapter 93, Design Standards Manual.

   12.   Elderly Housing.

      a.   All elderly housing developments, whether independent, semi-independent, or dependent living facilities shall include all of the following 10 components:

         1.   Ramps or elevators in place of steps.

         2.   Non-skid floors.

         3.   Doors of sufficient width to accommodate wheel chairs to all rooms.

         4.   Electric cooking ranges.

         5.   Showers in place of tubs for more than 50% of the units.

         6.   Electric outlets at levels at least 24 inches above the floor.

         7.   Grab bars around tubs and toilets.

         8.   Central heating.

         9.   Handle type spigots and door knobs.

         10.   Emergency signals which ring in adjoining apartments or at a central location.

      b.   Independent and semi-independent living facilities shall meet the provisions required for single family/two family or multi-family uses, whichever is applicable, in the district in which they are located.

      c.   Nursing homes (dependent living facilities) must meet the following requirements:

         1.   Minimum lot area: 40,000 square feet, but not less than 1,000 square feet per person cared for at maximum occupancy under state law.

         2.   Minimum yard requirements: front yard - see district requirements; side yard - 30 feet; rear yard - 40 feet.

         3.   Maximum structure heights: 35 feet.

         4.   All nursing homes in the town shall be licensed by the State Board of Health and shall meet all of the requirements of the agency.

   13.   Home Occupations.

      a.   Home occupations.

         1.   Home occupations shall be special exceptions to accompany residential uses when the home occupations meet the requirements of this code and receive approval by the Board of Zoning Appeals subject to any additional conditions imposed as part of the approval.

         2.   Those occupations which shall be considered acceptable home occupations shall be those which do not adversely affect the residential character of the zone district or interfere with the reasonable enjoyment of adjoining properties and which meet the following standards.

            a.   Acceptable home occupants shall be subject to all the regulations of the applicable district.

            b.   The home occupation shall not involve any activity which is illegal.

            c.   The operator conducting the home occupation shall be the sole entrepreneur, and he or she shall not employ any other person other than a member of the immediate family residing on the premises.

            d.   The primary use of the structure or dwelling unit shall remain residential and the operator of the home occupation shall remain a resident in the dwelling unit.

            e.   No structural additions, enlargements, or exterior alterations changing the residential appearance to a business appearance shall be permitted.

            f.   No additional and separate entrance incongruent with the residential structural design shall be constructed for the purpose of conducting the home occupation.

            g.   No more than 25% of the floor area of any 1 story of the dwelling unit shall be devoted to the home occupation.

            h.   No provision for extra off-street parking or loading facilities, other than the requirements and permitted facilities of the zone district, shall be permitted. No part of a minimum required setback distance shall be used for off-street parking or loading facilities, and no additional driveway to serve the home occupations shall be permitted.

            i.   Home occupations which present a significant increase in the amount of traffic on neighborhood streets will not be permitted.

            j.   No display of goods or external evidence of the home occupation shall be permitted, except for 1 non-animated, non-illuminated, non-flashing announcement plate, indicating not more than the name of the occupation and name and address of the resident. The plate shall be attached flat against the wall of the residence and shall not exceed 1 square foot in total surface area.

            k.   The home occupation shall not involve retailing from the residence, which for the purpose of this section shall mean a display of inventory visible from the street or sidewalk and/or the sale of commodities which requires customers visiting the premises.

            l.   There shall be no use of equipment or processes that create noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, detectable by neighbors.

            m.   For the purpose of this code, the uses that, by the nature of their investment or operation, have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area for residential purposes.

      b.   Those uses listed above or any other use not meeting the standards of this section shall not be permitted uses in residential neighborhoods unless they are granted a variance by the Board of Zoning Appeals.

      c.   The provisions of this section shall not be deemed to supersede any deed restriction, covenant, agreement, master deed, by-laws or other documents which prohibit a home occupation within a dwelling unit.

         1.   Permitting. No home occupation shall be allowed without the owner first obtaining a permit from the Zoning Administrator. Application must be made on a form provided by the Zoning Administrator, and the applicant for a home occupation permit shall pay required fees in connection with the submittal of the application in accordance with the fee schedules adopted by the Plan Commission.

         2.   Denial of permit. In cases where the Zoning Administrator, or his or her appointed representative, considers the home occupation to not be in compliance with these provisions, the application shall be denied.

         3.   Time limit. All home occupation permits shall be valid for a period of time as determined by the Zoning Administrator.

         4.   Renewal. Home occupation permits may be renewed, provided there has not been any violation of the provisions of this section. Requests for renewals shall be submitted to the Zoning Administrator in writing, accompanied by the renewal fee set by the adopted fee schedule, 1 month prior to the expiration of the home occupation permit.

         5.   Inspection. Home occupation applicants shall permit a reasonable inspection of the premises by the Zoning Administrator, in order to determine compliance with these regulations, upon application for a home occupation permit, upon renewal of the permit, and upon receipt of any complaints of a violation of the regulations of this section.

   14.   Multi-Family Developments.

      All multi-family developments of more than 3 units shall require development plan review. In addition to the standard requirements for a development plan (Section 4 of this appendix), the following provisions shall apply to all multi-family developments with more than 4 dwelling units, except where the use is a residential conversion from a single or two-family use to a multi-family use.

      a.   No separate freestanding building shall be closer than 20 feet to any other building on or off of the site or lot.

      b.   The building or buildings shall be so designed or located so that the distance from any window of any room proposed to be used for human habitation shall be not less than 40 feet from the wall of any other structure on the property, the distance to be measured by a line perpendicular to the plane of the surface of the window, except that this distance may be reduced to not less than 30 feet for an exposure where a room is a bathroom or laundry utility room or is used as a community or group meeting room or for a similar purpose.

      c.   Each apartment building shall be designed with setbacks or breaks of not less than 12 feet to all exterior walls for every 2 building units.

      d.   Off-street parking space and adequate space for service facilities may be provided in the side yard(s) or rear yard, but shall in no event be located in the required front yard, provided that no driveway, off-street parking area or service facility area shall be located closer than 10 feet to any side lot line. The off-street parking areas and service facility areas shall have sufficient lighting facilities, which shall be located and adjusted so that the glare or beam is directed away from any adjoining property, public street or multi-family use dwelling windows.

      e.   Any open air street parking area and service facility area shall be screened according to the provisions of Chapter 93, Design Standards Manual, and buffer areas required by the same shall be provided.

(Am. Ord. 111605, passed 12-21-2005; Am. Ord. 112112, passed 12-19-2012)

   B-1 Neighborhood Business

The Neighborhood Business District is designed to meet the day-to-day convenience shopping and service needs of persons living in nearby residential areas. Uses allowed in this district will, in general, be a less intense use than those allowed in the B-2 or B-3 Districts.

   B-2 General Business

This district is designed to encourage well-planned business uses. Particularly with respect to unified design, safe ingress and egress, adequate and properly located parking and service facilities and convenient and safe pedestrian accessibility.

   B-3 Highway Business

This district provides sites for heavier types of business and commercial uses. The Highway Business District is classified in the B-3 District.

   B-4 Heavy Business

The B-4 Heavy Business District is one in which manufacturing, fabricating, processing, extracting, repairing, dismantling, storing or disposing of equipment, raw materials, manufactured products or wastes is conducted entirely within enclosed buildings of any size, provided that such use shall conform to the performance standards set forth herein. Screening of storage, parking and loading areas is essential in this district as it is usually located adjacent to residential areas.

A.   PERMITTED USE.

 

B.    RESERVED.

C.    SPECIAL EXCEPTIONS.

 

 

 

 

D.    ACCESSORY USES.

INTENT.

Accessory uses shall be permitted in all zone districts in accordance with the provisions of this section. Accessory uses:

   1.   Shall be incidental and subordinate to, and commonly associated with, the operation of the principal use of the lot.

   2.   Shall be operated and maintained under the same ownership and on the same lot as the principal use.

   3.   Shall be clearly subordinate in height, area, bulk, extent and purpose to the principal use served.

   4.   Shall not be located closer to any lot line than the minimum setback line required, unless specified otherwise in this Code.

   5.   Shall not be permitted prior to the erection and operation of the principal use, unless a temporary Improvement Location Permit is obtained in accordance with Sec. 1.05(E).

INTERPRETATION.

   1.   Such appurtenant features as walks, driveways, curbs, drainage installations, retaining walls, mailboxes, lampposts, bird baths and structures of a like nature are allowed without permits. (See Chapter 93, Design Standards Manual).

   2.   The growing of vegetation, provided it is not for profit, is allowed without a permit.

   3.   The keeping of domestic pets, provided it is not for profit and not construed as a kennel, is allowed without permit.

   4.   Fences, walls and structural screens are not allowed without permit . (See Sec. 1.05 (J)).

APPLICATION OF ACCESSORY USES.

The following are acceptable as accessory uses:

   1.   Such buildings or structures as garages, carports, canopies, porte-cocheres, patios, outdoor fireplaces, bath houses and cabanas, greenhouses, and similar accessory buildings or structures.

   2.   Stables and animal pens, on residential lots of at least five (5) acres; provided, however, any structures, pens or corrals housing animals shall be 200 feet from an adjoining property line, except where animals are kept in sound-proof air conditioned buildings, in which case the required setback line is 100 feet.

   3.   Storage areas, as regulated in applicable sections of this Code.

   4.   Storage or parking of recreational vehicles or the storage of motor vehicles, which are clearly accessory and not for commercial purposes.

      a.   Storage of a continually unoccupied mobile home is only permissible in a business or industrial district at a location legally qualified to render storage for said mobile homes.

      b.   Satellite (earth) television antennas in accordance with the following standards:

         1.   There shall be one satellite television antenna permitted per residential lot.

         2.   In all districts, a satellite television receiving antenna having a diameter greater than four (4) feet shall be located on the ground upon and within a poured concrete foundation to the rear of the principal building on a lot, and within the building area, and shall not exceed thirteen (13) feet in height or the height of the main structure, whichever is less.

         3.   In all districts, a satellite television antenna having a diameter of four (4) feet or less may be located on the principal building or an accessory building on a lot, and shall not exceed a height of more than four (4) feet above the roof on which it is mounted, subject to the particular height requirements of the district. When an antenna having a diameter of four (4) feet or less is located on the ground, all requirements contained in paragraph (b) herein shall apply.

         4.   The satellite television antenna shall be screened from view by a fence or natural plants and can be located in a side yard to the rear of the Building Setback lines if, in the opinion of the Zoning Administrator, the antenna can be adequately screened from view.

         5.   No satellite television antenna shall be linked to a receiver, which is not located on the same lot or parcel of real estate.

E.    TEMPORARY USES.

   Uses Which May Be Permitted By the Board

 

STANDARDS.

   1.   Adequate access and off-street parking facilities shall be provided which shall not interfere with traffic movement on adjacent streets.

   2.   No public address systems or other noise producing devices shall be permitted in a residential district.

   3.   Any flood lights or other lighting shall be directed upon the premises and shall not be detrimental to adjacent properties.

   4.   No banners, pennants or unnecessary signs shall be permitted in a residential district.

   5.   The lot shall be put in clean condition devoid of temporary use remnants upon termination of the temporary period.

F.    DEVELOPMENT STANDARDS.

 

G. FRONT AND SIDE YARD REQUIREMENTS.

   1.   Building lines or building setback line established in a recorded subdivision shall establish the dimension of front yards in such subdivisions.

   2.   On through lots, a front yard is required on each street.

   3.   Along the fenced right-of-way of any street, highway or arterial thoroughfare, where access rights thereto have been purchased or otherwise acquired and controlled by a governmental agency having jurisdiction thereof, the minimum building setback lines shall be a distance of twenty (20) feet; provided, however, said setback line shall not encroach upon any easement.

**Side Yard.

Where sixty percent (60%) or more of the lots in a block frontage are occupied by buildings which provide side yards of less than the minimum required by this Code, the average side yard of such buildings may determine the required side yard; provided, however, no side yard shall be reduced to less than three (3) feet. Where an existing building is deficient in side yards, any addition to such an existing building shall maintain the existing side yards.

YARD ENCROACHMENTS.

No structure or part thereof shall project into a required front yard except:

   1.   An eave, cornice overhang, awning, balcony or bay window not exceeding four (4) feet; provide, however, that in no event shall said encroachment protrude closer than twenty (20) feet to a front lot line.

   2.   The ordinary projection of belt courses, sills, lintels, chimneys, and other similar ornamental and architectural features not exceeding two feet.

   3.   Unenclosed, uncovered steps, entrance platforms, terraces or landings not over eighteen (18) inches above grade level and not to project a distance in excess of ten (10) feet.

PROJECTIONS.

No structure or part thereof shall project into a required side or rear yard except:

   1.   An eave, cornice, overhang, awning, balcony or bay window not exceeding four (4) feet; provided, however, that said encroachment shall not protrude closer than eighty percent (80%) of the required distance to any side or rear lot line.

   2.   The ordinary projection of belt courses, sills, lintels, chimneys and other similar ornamental and architectural features not exceeding two feet; provided, however, that said encroachment shall not protrude closer than eighty percent (80%) of the required distance to any side or rear lot line.

   3.   Unenclosed, uncovered steps, entrance platforms, terraces, or landings not over eighteen (18) inches above grade level.

ALLEY ABUTTING REAR OR SIDE YARD.

One-half of an alley abutting the rear or side of a lot may be included in the rear yard or side yard, respectively, but such alley space shall not be included for loading and unloading berths.

   1.   SUPPLEMENTARY BUSINESS STANDARDS.

The following standards shall supplement the business use requirements of the district:

      a.   General Standards.

         1.   No unusually loud amplification of radio music or other audio advertising shall be permitted on the premises. "Too Loud" is when the sound is audible at the Lot Line.

         2.   No lights utilizing an attracting device or lights on stringers of unshielded incandescent lamps or attention attracting lighting from apparatus of a type used by emergency vehicles shall be permitted on the premises.

         3.   There shall be no exterior displays which restrict visibility in any way or which impede the movement of any vehicles. All such displays shall be maintained in an orderly manner.

         4.   Adequate indoor or outdoor trash containers shall be required; provided, however, that trash containers exceeding two (2) cubic yards shall be located within a solid, decorative stall behind or beside the primary structure, away from the view of the frontal street.

         5.   No vending machines shall be permitted on the exterior of any building on the premises except where contained in a shelter, stall or other area so located as not to interfere materially with the use of adjoining property.

         6.   The use of pennants and other similar attracting devices in connection with a special promotional program may be permitted by the Board upon the issuance of a temporary improvement location permit. (See Chapter 2)

      b.   Traffic Congestion.

         1.   The number of traffic access points for establishments with 100 feet or less of frontage on a street shall not exceed one.

         2.   For establishments with frontage of more than 100 feet, a frontage road shall be provided, of not less than two (2) lanes in width or a combined frontage road and parking area, parallel with and adjacent to the street upon which the establishments front. In the event the establishments front on more than one street, such frontage roads may be required on more than one road frontage.

      The frontage road or roads required by this section shall be effectively separated from the main roadway by a landscape strip or other suitable delineation and shall be designed and arranged so as to provide the principal means of access to abutting business establishments.

   In general, the use of public improved alley, interior access roads or any other designed means to minimize the number of traffic access points and business intersections therein are encouraged.

   2.   PERFORMANCE STANDARDS FOR HEAVY BUSINESS USES.

      a.   No activity involving the storage, utilization or manufacture of materials or products, which decompose by detonation, shall be permitted unless specifically approved by the New Palestine Town Council. Such activity shall be conducted in accordance with the rules promulgated by the State Fire Marshal. Such materials shall include, but are not limited to, all primary explosives such as lead azide, lead styphnate, fulminates, and tetracene; all high explosives such as TNT, TDX, HMX, PETN and picric acid; propellants and components thereof, such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate, and potassium nitrate; blast explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetyrides, tetrazoles, and ozonides; strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorates, chlorates, and hydrogen peroxide in concentrations greater than thirty-five percent (35%); and nuclear fuels, fissionable materials and products; and reactor elements such as Uranium 235 and Plutonium 239.

      b.   The restrictions of this subsection shall not apply to: (a) the activities of site preparation or construction, maintenance, repair, alteration, modification or improvement of buildings, equipment or other improvements on or within the lot line; (b) the operation of motor vehicles or other facilities for the transportation of personnel, materials or products; (c) conditions beyond the control of the user such as fire, explosion, accidents, failure or breakdown of equipment or facilities or emergencies; (d) safety or emergency warning signals or alarms necessary for the protection of life, limb or property.

      c.   Outdoor storage. Outdoor storage which is used as an accessory use for any heavy business use in the B-4 District may be permitted by the Board of Zoning Appeals, provided the said storage is located behind the building line and in such a manner that it cannot be seen from the frontal street or a side street. Screen planting, a fence or a wall not to exceed eight (8) feet in height may be employed to screen storage areas from view.

      d.   Smoke. The emission of more than seventy (70) smoke units per hour per stack and emissions in excess of Ringlemann No. 2 are prohibited, except that for one (1) hour during any twenty-four (24) hour period, this rate maybe increased to eighty (80) smoke units per hour per stack up to and including Ringlemann No. 3 for the purposes of process purging, soot blowing and fire cleaning.

      e.   Particulate matter. The rate of particulate matter from an individual process within the boundaries of any lot shall not exceed a figure of 0.06 pounds effluent gas. Not more than fifty percent (50%) by weight of particles larger than forty-four (44) microns (325 mesh) shall be allowed.

      f.   Odor. Any activity or operation, which release odors to the atmosphere, shall be so controlled as to insure that it will produce no public nuisance or hazard at or beyond the nearest residence or business district boundary line.

      g.   Poisonous an Injurious Fumes and Gases. The emission of toxic or injurious fumes and gases shall be controlled so as to comply with the following: The emission from any source shall not cause at or beyond any lot line, concentrations of toxic and/or injurious fumes and gases in excess of ten percent (10%) of the threshold limit set for the fume or gas in question in the "Threshold Limit Values for Toxic Materials in Industry" issued by the Indiana State Board of Health, from the American Conference of Governmental Hygienists, latest issue.

      h.   Glare and Heat. No operation, activity or structure shall cause heat or glare in such a manner as to be a public nuisance at or beyond any residence or business district boundary.

      i.   Vibration. Any use creating intense earth-shaking vibrations such as are created by a heavy drop forge shall be set back from a residence district boundary at least two hundred and fifty (250) feet, or at least one hundred fifty (150) feet from a business district boundary.

      j.   Noise. At no point one hundred twenty-five (125) feet from the boundary of an B-4 District which permits an heavy business use shall the sound pressure level of any operation or plant (other than background noises produced by sources not under the control of this Code) exceed the decibel limits in the octave bands designated as follows:

 

 

 

 

   Provided further, that wherever a B-4 Heavy Business District abuts a Residence District, no noise shall emit across the lot lines in such a manner or intensity as to endanger the public health, safety or welfare, or cause injury to people.

Fire Hazards. The storage, utilization or manufacture of solid materials products shall conform to the provisions of this Code and the Department of Fire Prevention and Building Safety of the State of Indiana.

H.   PARKING.