Newburgh City Zoning Code

OVERLAY DISTRICT

§ 157.165 GENERAL PROVISIONS.

(A) Generally.

(1) The purpose of the Overlay Districts are to provide for those areas of town in which special and limiting circumstances occur and to provide for a mechanism through which development flexibility with respect to use, lighting, signage, site layout and architectural design and landscaping. The overlay districts are not intended to supplant or stand instead of underlying district zoning requirements, except the FP District, but rather to be complementary and clarifying of zoning requirements.

(2) The overlay districts are specially designed to assist in the implementation of growth and development policies as adopted in the Comprehensive Plan; to advance community development objectives and to protect public health and safety.

(3) In this subchapter three Overlay Districts are identified as follows:

(a) TC: Town Core Overlay;

(b) HC: Highway Corridor Overlay; and

(B) Boundaries. The boundaries of each overlay district are shown on the official zoning map overlap districts or the Town Master Plan for the town and incorporated herein by reference.

(Ord. 1997-1, § 130.9(A), passed 1-22-1997)

§ 157.166 TC TOWN CORE OVERLAY DISTRICT.

(A) Purpose statement.

(1) The designation of the TC Town Core Overlay District in the Town Master Plan is intended to protect the architectural integrity and community character of the older historic business district and the adjacent residential neighborhoods. While the area encompassed by the TC District includes many historically significant structures and many designated in the National Register of Historic Places, it is not per se intended to be a historic district. Rather the TC District is intended to conserve the architectural and geographic context of downtown and ensure the continued viability of town core businesses and to ensure that residential neighborhoods are not adversely impacted by inappropriate development, commercial traffic or by haphazard unplanned growth.

(2) The TC District recognizes the following facts, special conditions and circumstances:

(a) The town core area is a mixed use area consisting of small scale business activities and a variety of residence type dwelling units;

(b) Few vacant or undeveloped parcels of land currently exist in the town core area; few new structures can be built except for demolition of existing structures with subsequent new construction;

(c) Most properties either residential or commercial, cannot meet the lot size requirements or other provisions of this zoning chapter;

(d) Because the town core is largely comprised of the pre-code buildings (before 1931) the existing building stock is old, with building materials and architectural characteristics which provide a uniformly unique and distinguished character to the town core area. This characteristic cannot be easily replicated and would normally not occur with rebuilding or new construction;

(e) Many businesses now occupy structures designed for residential use and this adaptive re-use of these residential buildings is likely to continue; and

(f) Because of the unique topographic relationship to the Ohio River, the area encompassed by the TC District has outstanding river views.

(B) Objectives. Based upon the preceding special conditions and unique characteristics, the TC District is intended to accomplish the following objectives:

(1) Conserve, protect and enhance the architectural integrity of the district;

(2) Permit sensitive and compatible adaptive re-use of existing buildings;

(3) Ensure that new buildings and new construction is suited to the existing architectural context in terms of scale, building mass, exterior building materials and site arrangement;

(4) Preserve diverse residential opportunities within the town core;

(5) Enhance property values;

(6) Protect riverfront access and maintain river views;

(7) Encourage consistency in treatment of exterior building appearance through common signage, lighting and landscaping standards throughout the district;

(8) Stimulate reinvestment and new investment in existing structures; and

(9) Foster community wide pride and recognition of the town core area as a unique community resource.

(C) Designation. The official zoning map designates the TC District. The boundaries of this district may be altered from time to time through action by Town Council under procedures for zoning chapter amendments.

(1) General procedures.

(a) All structural and use alterations within the TC District shall require a certificate of appropriateness unless excepted herein.

(b) Exterior changes and alterations shall be reviewed by the Site Review Advisory Committee and a report forwarded to the Plan Commission for action.

(2) Specific actions requiring review and certification of appropriateness. Except as otherwise provided in this chapter, it shall be unlawful for any person, to:

(a) Construct, reconstruct, alter, move or demolish all or part of a building or principal structure within the TC District without a certificate of appropriateness;

(b) Alter or change the use of a building originally constructed for residential purposes in the TC District without obtaining a certificate of appropriateness by the Administrator;

(d) Make an exterior change in driveways, walkways, fencing and the erection of accessory buildings without review by the Administrator;

(e) Make changes in use requiring exterior structural change, alteration, removal, construction or demolition without review by the Administrator; and

(f) Make changes in exterior appearance for existing uses and new uses involving new or replacement signage, lighting or parking facilities without review by the Administrator.

(3) Public hearing. All petitions for a certificate of appropriateness which are referred to the Plan Commission for action shall be afforded a public hearing prior to Plan Commission action.

(D) Standards and criteria for certificates of appropriateness. No certificate of appropriateness shall be issued unless the Administrator or Plan Commission finds that the applicant meets the following standards and criteria that the Board determines are applicable for either physical changes or use alterations, or both:

(1) Physical alteration or changes. To the maximum extent possible the effect of the proposed work, if carried out, will promote achievement of the one or more of following criteria and the criteria:

(a) Preserve, protect and perpetuate the original or existing external architectural features of the building or structure;

(b) Provide a harmonious stylistic relationship between the results of such work and the external architectural features of other improvements on the zoning lot and within the TC District;

(c) Preserve, protect and perpetuate the original, or existing distinctive character or special historic, aesthetic, architectural, archaeological or cultural interest or value of the TC Districts;

(d) For new construction, assure whether such construction would affect the external appearance of other improvements on such site or within the TC District; and

(e) Preserve, protect and perpetuate, allowable uses, economic health, protection of the public health, welfare and safety, and the protection of property values in the TC District area.

(2) Site improvement and maintenance standards. The design improvement and maintenance of a zoning lot subject to this overlay district, exclusive of the principal building on such lot, shall meet the following standards:

(a) The repair, replacement and addition of new improvements shall be carried out to be harmonious with the character of similar improvements elsewhere on the site and in the TC District in general, or in a manner consistent with the character of the adjacent properties;

(b) All walks, driveways, steps and accessory structures shall be maintained in a safe condition and kept in a proper state of repair;

(c) All off-street parking areas for automobiles shall be paved with bituminous, concrete or an equivalent dust-free surface; and

(d) All accessory structures, including detached garages, fences and walls, shall be maintained in a structurally sound and sanitary condition. All such accessory structures shall be appropriately weather modified and properly surface coated to prevent deterioration.

(3) Maintenance of exterior of structures. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary manner so as not to pose a threat to the health, safety or welfare of the occupants or the public and so as to protect the occupants or the public from the adverse effects of the environment.

(E) Denial of certificate of appropriateness.

(1) All petitions denied either by the Administrator, and/or by the Plan Commission shall receive a report stating the reasons for denial, the procedures available for the applicant to appeal the denial and recommendations to be taken by the applicant to secure a certificate of appropriateness.

(2) All petitions denied by administrative action and by actions of the Plan Commission may be appealed to the Board of Zoning Appeals.

(F) Site plan acceptance. In accordance with § 157.039.

(Ord. 1997-1, § 130.9(B), passed 1-22-1997)

§ 157.167 HC HIGHWAY CORRIDOR OVERLAY DISTRICT.

(A) Statement of purpose.

(1) The Highway Corridor Overlay District is intended to provide for coordinated urban design between and among intense commercial developments located along major thoroughfares and provide for effective traffic control by providing for traffic management measures within the development approval process.

(2) The HC District has the following specific objectives:

(a) Eliminate traffic conflicts among uses located on major thoroughfares;

(b) Minimize the conflict between through traffic and destination traffic;

(d) Reduce visual conflicts which could interfere with safe automobile operation.

(B) Site plan review. No building permit shall be issued nor structure or building shall be erected, nor existing building altered, remodeled or enlarged or extended until the Site Review Advisory Committee (SRAC) has accepted a site development plan as outlined in § 157.039. The SRAC may recommend approval of the proposed site development plan with our without conditions. The SRAC may also recommend denial of the total site proposal or a portion thereof if they find that conditions, standards or purposes of this section; or other germane sections of this chapter; or the policies of the official Comprehensive Plan the purposes of the underlying zoning or the general development policies and specific site design guidelines and the HC District of the town, have not been complied with.

(C) Enforcement of appeals. Decisions by the Plan Commission shall be enforced by the Administrator in accordance with the provisions of § 157.036.

(D) Site development criteria. In considering any application for development review approval, the Site Review Advisory Committee shall be guided by the following criteria:

(1) Parking lot location and design.

(a) Break up large parking areas at regular intervals with landscaped islands;

(b) Put signs and light poles in landscaped islands and setbacks to minimize the potential for collision with such obstacles;

(c) All access drives shall be located at the maximum possible distance away from adjacent residential property lines; and

(d) The view of parking lots from adjacent streets and peripheral lots containing nonresidential uses, shall be screened along at least 50% of their length. The view from abutting lots containing residential uses shall be screened along 100% of the parking lot length.

(2) Driveways and internal circulation. Minimize the number of curb cuts on any one site to minimize traffic congestion on abutting roads. The minimum distance between curb cuts shall be one 150 feet.

(a) Encourage shared driveways between abutting properties;

(b) Locate driveway cuts a maximum distance away from nearby intersections from other driveway cuts to improve circulation and minimize the potential for accidents;

(d) Locate signs and landscaping so that they do not obstruct motorists view.

(e) Separate parking aisles from site circulation routes;

(f) Provide sufficient stacking room at driveway/street intersections; and

(g) Discourage use of site circulation as “cut throughs” for vehicles from abutting roads.

(3) Landscaping and screening.

(a) Open space and associated landscaping and amenities.

1. Preserve existing trees on a site wherever possible;

2. Landscaping required around all ground signs; and

3. Provide street tree planting along the thoroughfare right-of-way.

(b) Landscaping and screening in required yards.

1. Screen parking areas from adjacent roads;

2. Situate significant landscaped buffers between transitional use areas. The size of the buffer shall depend on the uses in question;

3. In transitional yards, berms combined with plantings shall be used to block car headlights from reaching buildings, especially residential buildings. Where a site HC District abuts a residential use, a continuous, solid visual screen, including landscaping shall be provided; and

4. Where two nonresidential lots abut one another a landscape screen shall be provided along at least 50% of the length of the common property line.

1. Separate buildings from parking lots with landscaping and walkways;

2. Foundation landscaping shall be provided on fronts of buildings in the form of raised planters or plant beds flush with the ground. Portable planters are prohibited. Raised planters shall be constructed of materials compatible with the building; and

3. Provide for pedestrian access to the site and pedestrian movement on site.

(d) Screening mechanical equipment and refuse disposal areas.

1. All roof-top and ground level mechanical equipment, refuse disposal areas and utilities shall be screened from view; and

2. Encourage landscaping in front of fences screening refuse disposal areas, mechanical equipment and outdoor storage areas.

(e) Right-of-way landscaping. Require street tree plantings at regular intervals.

(4) Specific landscaping and screening requirements. For detailed landscaping requirements see § 157.065.

(5) Lighting. All exterior lighting shall be shaded or inwardly directed in such a manner so that no direct lighting or glare is cast upon adjacent residential or institutional property. Pedestrian areas shall be lighted with pedestrian scale lighting.

(E) Development approval. In addition to the requirements set forth in the site plan review procedures at § 157.039, the following additional requirements shall be met:

(1) Site lighting plan showing the location intensity and time period of operation of all exterior lighting;

(2) Detailed pedestrian circulation plan indicating pedestrian walkways, access routes and indicating how potential conflicts between auto traffic and pedestrians will be handled;

(3) Signage plan indicating the size, placement, landscaping and hours of operation of all exterior building signs, ground signs and pole signs; and

(4) Traffic impact report indicating average daily traffic volume entering and leaving the site, peak traffic conditions, the contribution of site traffic to the area and establishing a plan for traffic mitigation.

(F) Site plan acceptance. In accordance with § 157.039.

(Ord. 1997-1, § 130.9(C), passed 1-22-1997)

§ 157.168 FP FLOODPLAIN OVERLAY DISTRICT.

(A) Purpose.

(1) The purpose of this section is to guide development in flood hazard areas in order to reduce the potential for loss of life and property; reduce the potential for health and safety hazards; and, to reduce the potential for extraordinary public expenditures for flood protection and relief.

(2) Under the authority granted to local units of government to control land use within their jurisdiction, which includes taking into account the effects of flooding, the town has adopted the following floodplain management regulations in order to accomplish the following:

(a) To prevent unwise developments from increasing flood or drainage hazards to others;

(b) To protect new buildings and major improvements to buildings from flood damage;

(d) To lessen the burden on the taxpayer for flood control projects, repairs to flood-damaged public facilities and utilities, and flood rescue and relief operations;

(e) To maintain property values and a stable tax base by minimizing the potential for creating flood blighted areas; and

(f) To make federally subsidized flood insurance available for property in the town by fulfilling the requirements of the National Flood Insurance Program.

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

BUILDING. See STRUCTURE.

DEVELOPMENT.

(a) Any human-made change to improved or unimproved real estate including but not limited to:

1. Construction, reconstruction or placement of a building or any addition to a building;

2. Installing a manufactured home on a site, preparing a site for a manufactured home or installing a travel trailer on a site for more than 180 days;

3. Installing utilities, erection of walls and fences, construction of roads, or similar projects;

4. Construction of flood control structures such as levees, dikes, channel improvements and the like;

5. Mining, dredging, filling, grading, excavation or drilling operations;

6. Construction and/or reconstruction of bridges or culverts;

7. Storage of materials; or

8. Any other activity that might change the direction, height or velocity of flood or surface waters.

(b) DEVELOPMENT does not include activities such as maintenance of existing buildings and facilities such as painting, re-roofing; resurfacing roads; or gardening, plowing and similar agricultural practices that do not involve filling, grading, excavation or the construction of permanent buildings.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted herein.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FEMA. Federal Emergency Management Agency.

FBFM. Flood boundary floodway map.

FHBM. Flood hazard boundary map.

FIRM. Flood insurance rate map.

FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.

FLOODPLAIN. The channel proper and the areas adjoining any wetand, lake or watercourse which have been or hereafter may be covered by the regulatory flood. The FLOODPLAIN includes both the floodway and the floodway fringe districts. Notify adjacent communities and the State Coordinating Office prior to any alteration of relocation of a watercourse, and submit copies of such notifications to FEMA.

LETTER OF MAP AMENDMENT (LOMA). An amendment to the currently effective FEMA map that establishes that a property is not located in a special flood hazard area (SFHA). A LOMA is only issued by FEMA.

LETTER OF MAP REVISION (LOMR). An official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations and elevations.

FLOOD PROTECTION GRADE or FPG. The elevation of the regulatory flood plus two feet at any given location in the SFHA.

LOWEST FLOOR. The lowest of the following:

(a) The top of the basement floor;

(b) The top of the garage floor, if the garage is the lowest level of the building;

(c) The top of the first floor of buildings elevated on pilings or constructed on a crawl space with permanent openings; or

(d) The top of the floor level of any enclosure below an elevated building where the walls of the enclosure provide any resistance to the flow of flood waters unless:

1. The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, through providing a minimum of two openings (in addition to doorways and windows) having a total area of one square foot for every two square feet of enclosed floor area subject to flooding. The bottom of all such openings shall be no higher than one foot above the enclosed area’s floor; and

2. Such enclosed space shall be usable for nonresidential purposes and building access.

MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term MANUFACTURED HOME does not include a recreational vehicle.

NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

RECREATION VEHICLE. A vehicle which is:

(a) Built on a single chassis;

(b) Four hundred square feet or less when measured at the largest horizontal projections;

(d) Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational camping, travel or seasonal use.

REGULATORY FLOOD. The flood having a 1% probability of being equaled or exceeded in any given year, as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Resources Commission. The regulatory flood elevation at any location is as defined in this chapter. The REGULATORY FLOOD is also known by the terms BASE FLOOD.

SFHA or SPECIAL FLOOD HAZARD AREA. Those lands within the jurisdiction of the town that are subject to inundation by the regulatory flood. The SFHAs of the town are generally identified as such on the flood insurance rate map of the town prepared by the Federal Emergency Management Agency and dated August 2, 2012. The SFHAs of those parts of unincorporated Warrick County that are within the jurisdiction of the town or that may be annexed into the town are generally identified as such on the flood insurance rate map prepared for Warrick County by the Federal Emergency Management Agency and dated August 2, 2012.

STRUCTURE. A structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home or a prefabricated building. The term also includes recreational vehicles and travel trailers to be installed on a site for more than 180 days.

SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damages” regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of state or local health, sanitary or safety code requirements or any alteration of a “historic structure”, provided that the alteration will not preclude the structure’s continued designation as a “historic structure”.

(C) Duties of the Administrator. The Zoning Administrator is appointed to review all development and subdivision proposals to ensure compliance with this chapter, including but not limited to the following duties:

(1) Ensure that all development activities within the SFHAs of the jurisdiction of the town meet the requirements of this chapter;

(2) Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques;

(3) Ensure that construction authorization has been granted by the Indiana Natural Resources Commission for all development projects subject to this chapter, and maintain a record of such authorization (either copy of actual permit or letter of recommendation);

(4) Maintain a record of the “as-built” elevation of the lowest floor (including basement) of all new and/or substantially improved buildings constructed in the SFHA;

(5) Maintain a record of the engineer’s certificate and the “as built” floodproofed elevation of all buildings subject to this chapter;

(6) Cooperate with state and federal floodplain management agencies to improve base flood and floodway data and to improve the administration of this chapter. Submit reports as required for the national flood insurance program;

(7) Maintain for public inspection and furnish upon request regulatory flood data, SFHA maps, copies of DNR permits and letters of recommendation, federal permit documents and “as built” elevation and floodproofing data for all buildings constructed subject to this chapter; and

(8) Notify adjacent communities and the State Coordinating Office prior to any alteration of relocation of a watercourse, and submit copies of such notifications to FEMA.

(D) Regulatory flood elevation. This section’s protection standard is the regulatory flood. The best available regulatory flood data is listed below. Whenever a party disagrees with the best available data, the party submitting the detailed engineering study needs to replace existing data with better data and submit it to the Department of Natural Resources for review and approval.

(1) The regulatory flood elevation and floodway limits for the SFHAs of the Ohio River shall be as delineated on the 100-year flood profiles in the flood insurance study of the town dated November 17, 1981 and the corresponding flood boundary floodway map dated August 2, 2012 and prepared by the Federal Emergency Management Agency. The regulatory floodway shall be according to the best data available as provided by the Department of Natural Resources.

(2) The regulatory flood elevation for each SFHA delineated as an “AH Zone” or “AO Zone” shall be that elevation (or depth) delineated on the flood insurance rate map of the town.

(3) The regulatory flood elevation and floodway limits for each of the remaining SFHAs delineated as an “A Zone” on the flood insurance rate map of the town shall be according to the best data available as provided by the Department of Natural Resources.

(4) The regulatory flood elevation and floodway limits for the SFHAs of those parts of unincorporated Warrick County that are within the extraterritorial jurisdiction of the town or that may be annexed into the town shall be as delineated on the 100-year flood profiles in the flood insurance study of Warrick County dated February 3, 1993 and the corresponding FBFM dated February 3, 1993 prepared by the Federal Emergency Management Agency.

(5) If the SFHA is delineated as “AH Zone” or “AO Zone”, the elevation (or depth) will be delineated as “Zone A” on the county flood insurance rate map. If the SFHA is delineated on the county flood insurance rate map, the regulatory flood elevation and floodway limits shall be according to the best data available as provided by the Department of Natural Resources.

(E) Improvement location permit. No person, firm, corporation or governmental body not exempted by state law shall commence any “development” in the SFHA without first obtaining an improvement location permit from the town. The town shall not issue an improvement location permit if the proposed “development” does not meet the requirements of this chapter.

(1) The application for an improvement location permit shall be accompanied by the following:

(a) A description of the proposed development;

(b) Location of the proposed development sufficient to accurately locate property and structure in relation to existing roads and streams;

(d) A site development plan showing existing and proposed structure locations and existing and proposed land grades; and

(e) Elevation of lowest floor (including basement) of all proposed structures. Elevation should be in National Geodetic Vertical Datum of 1929 (NGVD).

(2) Upon receipt of an application for an improvement location permit, the Zoning Administration shall determine if the site is located within an identified floodway or within the floodplain where the limits of the floodway have not yet been determined.

(a) 1. If the site is in an identified floodway the Building Official shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Department of Natural Resources and apply for a permit for construction in a floodway.

2. Under the provisions of I.C. 14-28-1 a permit from the Natural Resources Commission is required prior to the issuance of a local building permit for any excavation, deposit, construction or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing and paving and the like undertaken before the actual start of construction of the building.

3. No action shall be taken by the Building Official until a permit has been issued by the Natural Resources Commission granting approval for construction in the floodway. Once a permit has been issued by the Natural Resources Commission, the town may issue the local improvement location permit, provided the provisions contained in this chapter have been met. The improvement location permit cannot be less restrictive than the permit issued by the Natural Resources Commission.

(b) If the site is located in an identified floodway fringe, then the Building Official may issue the local improvement location permit provided the provisions contained in this chapter have been met.

(c) 1. If the site is in an identified floodplain where the limits of the floodway and floodway fringe have not yet been determined (shown as Zone A on the flood insurance rate map), and the drainage area upstream of the site is greater than one square mile, the Building Official shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Department of Natural Resources for review and comment.

2. No action shall be taken by the Building Official until either a permit for construction in the floodway or a letter of recommendation citing the 100-year flood elevation and the recommended flood protection grade has been received from the Department of Natural Resources.

3. Once the Building Official has received the proper permit or letter of recommendation approving the proposed development, an improvement location permit may be issued provided the conditions of the ILP are not less restrictive than the conditions received from Natural Resources and the provisions contained in this chapter have been met.

(d) If the site is in an identified floodplain where the limits of the floodway and floodway fringe have not yet been determined and the drainage area upstream of the site is less than one square mile, the Zoning Administrator shall require the applicant to provide an engineering analysis showing the limits of the floodway, floodway fringe and 100-year elevation for the site. Upon receipt, the Zoning Administrator may issue the local improvement location permit, provided the provisions contained in this section have been met.

(F) Preventing increased damages.

(1) No development in the SFHA shall create a damaging or potentially damaging increase in flood heights, velocity or threat to public health and safety.

(2) Within the floodway identified on the flood boundary and floodway map or the flood insurance rate map, the following standards shall apply.

(a) No development shall be allowed which acting alone or in combination with existing or future similar works, will cause any increase in the elevation of the regulatory flood; and

(b) For all projects involving channel modifications or fill (including levees) the developer, through the town, shall submit a request to the Federal Emergency Management Agency to revise the regulatory flood data.

(3) (a) Within all SFHAs identified as A Zones (no 100-year flood elevation and/or floodway/floodway fringe delineation has been provided) the following standard shall apply.

(b) The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the regulatory flood elevation more than one-tenth of one foot and will not increase flood damages or potential flood damages.

(4) Public health standards in all SFHAs:

(a) No development in the SFHA shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants or other hazardous or toxic materials below the flood protection grade, unless such materials are stored in a storage tank or floodproofed building constructed according to the requirements of this section; and

(b) New and replacement sanitary sewer lines and on-site waste disposal systems may be permitted providing all manholes or other above ground openings located below the FPG are watertight.

(G) Protecting buildings.

(1) In addition to the damage prevention requirements of this chapter, all buildings to be located in the SFHA shall be protected from flood damage below the FPG.

(2) This building protection requirement applies to the following situations:

(a) Construction or placement of any new building;

(b) Structural alterations to an existing building that increase the market value of the building by more than 50% (excluding the value of the land);

(c) Reconstruction or repairs made to a damaged building that are valued at or more than 50% of the market value of the building (excluding the value of the land) before damage occurred;

(d) Installing a manufactured home on a new site or a new manufactured home on an existing site. This chapter does not apply to returning the existing manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage; and

(e) Installing a travel trailer on a site for more than 180 days.

(3) This building protection requirement may be met by one of the following methods. The Building Official shall maintain a record of compliance with these building protection standards as required in of this chapter.

(4) A residential or nonresidential building may be constructed on a permanent land fill in accordance with the following:

(a) The fill shall be placed in layers no greater than one foot deep before compacting to 95% of the maximum density obtainable with the standard proctor test method;

(b) The fill should extend at least ten feet beyond the foundation of the building before sloping below the FPG;

(c) The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap or bulkheading. If vegetative cover is used, the slopes shall be no steeper than three horizontal to one vertical;

(d) The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties; and

(e) The lowest floor (see definition of lowest floor in division (B) above) shall be at or above the FPG.

(5) A residential or nonresidential building may be elevated in accordance with the following:

(a) The building or improvements shall be elevated on posts, piers, columns, extended walls or other types of similar foundation provided:

1. Walls of any enclosure below the elevated floor shall be designed to automatically equalize hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, through providing a minimum of two openings (in addition to doorways and windows) having a total area of one square foot for every two square feet of enclosed floor area subject to flooding. The bottom of all such openings shall be no higher than one foot above the enclosed area’s floor; and

2. Any enclosure below the elevated floor is used for nonresidential purposes and building access.

(b) The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as current, waves, ice and floating debris.

(c) All areas below the FPG shall be constructed of materials resistant to flood damage. The lowest floor (including basement) and all electrical, heating, ventilating, plumbing and air conditioning equipment and utility meters shall be located at or above the FPG. Water and sewer pipes, electrical and telephone lines, submersible pumps and other waterproofed service facilities may be located below the FPG.

(6) Manufactured homes and travel trailers (also called recreational vehicles) to be installed or substantially improved on a site for more than 180 days must meet one of the following anchoring requirements:

(a) The manufactured home shall be elevated on a permanent foundation such that the lowest floor shall be at or above the FPG and securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. This requirement applies to all manufactured homes to be placed on a site;

1. Outside a manufactured home park or subdivision;

2. In a new manufactured home park or subdivision;

3. In an expansion to an existing manufactured home park or subdivision; or

4. In an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as a result of a flood.

(b) 1. The manufactured home shall be elevated so that the lowest floor of the manufactured home chassis is supported by reinforced piers or other foundation elements that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

2. This requirement applies to all manufactured homes to be placed on a site in an existing manufactured home park or subdivision that has not been substantially damaged by a flood.

(7) Recreation vehicles placed on a site shall either:

(a) Be on the site for less than 180 consecutive days;

(b) Be fully licensed and ready for highway use (defined as being on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or

(8) A nonresidential building may be floodproofed to the FPG (in lieu of elevating) if done in accordance with the following.

(a) A registered professional engineer shall certify that the building has been designed so that below the FPG, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The building design shall take into account flood velocities, duration, rate of rise, hydrostatic pressures and impacts from debris or ice.

(b) Floodproofing measures shall be operable without human intervention and without an outside source of electricity.

(G) Other development requirements.

(1) (a) The Plan Commission shall review all proposed subdivisions to determine whether the subdivision lies in a flood hazard area as defined elsewhere by chapter. If the Commission finds the subdivision to be so located, it shall cause the developer to forward plans and materials to the Indiana Department of Natural Resources for review and comment.

(b) The Commission shall require appropriate changes and modifications to the plat in order to assure that:

1. It is consistent with the need to minimize flood damages;

2. All public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage;

3. Adequate drainage is provided so as to reduce exposure to flood hazards; and

4. On-site waste disposal systems, if provided, will be so located and designed to avoid impairment of them or contamination from them during the occurrence of the regulatory flood.

(2) Developers shall record the 100-year flood elevation on all subdivision plats containing lands identified elsewhere by chapter as within a flood hazard area prior to submitting the plats for approval by the Plan Commission.

(3) All owners of manufactured home parks or subdivisions located within the SFHA identified as Zone A on the town’s FHMB or FIRM shall develop an evacuation plan for those lots located in Zone A and file it with the local Plan Commission and file it with the appropriate community emergency management authorities.

(H) Variances.

(1) The Board of Zoning Appeals may consider issuing a variance to the terms and provisions of this chapter provided the applicant demonstrates that:

(a) There exists a good and sufficient cause for the requested variance;

(b) The strict application of the terms of this chapter will constitute an exceptional hardship to the applicant; and

(c) The granting of the requested variance will not increase flood heights, create additional threats to public safety, cause additional public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or chapters.

(2) The Board of Zoning Appeals may issue a variance to the terms and provisions of this section subject to the following standards and conditions:

(a) No variance for a residential use within a floodway subject to this chapter may be granted;

(b) Any variance granted in a floodway subject to this chapter will require a permit from the Indiana Natural Resources Commission;

(c) Variances to the building protection standards of this chapter may be granted only when a new structure is to be located on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures construed below the flood protection grade;

(d) Variance may be granted for the reconstruction or restoration of any structure individually listed on the Register of Historic Places or the Indiana State Survey of Historic Architectural, Archaeological and Cultural Sites, Structures, Districts and Objects;

(e) All variances shall give the minimum relief necessary and be such that the maximum practical flood protection will be given to the proposed construction; and

(f) The Board of Zoning Appeals shall issue a written notice to the recipient of a variance that the proposed construction will be subject to increased risks to life and property and could require payment of excessive flood Insurance premiums. Such notice shall be recorded by the property owner in the office of the Recorder of the county.

(I) Disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods can and will occur on rare occasions. Therefore, this section does not create any liability on the parry of the town, natural resources or the state, for any flood damage that results from reliance on this chapter of any administrative decision made lawfully thereunder.

(J) Abrogation and greater restrictions. This section repeals and replaces other ordinances adopted by the town to fulfill the requirements of the national flood insurance program. However, this section does not repeal the original resolution or ordinance adopted to achieve eligibility in the program. Nor does this chapter repeal, abrogate or impair any existing easements, covenants or deed restrictions. Where this chapter and other chapter easements, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall take precedence.

(K) Separability. The provisions and sections of this section shall be deemed separable and the invalidity of any portion of this chapter shall not affect the validity of the remainder.

(Ord. 1997-1, § 130.9(D), passed 1-22-1997) Penalty, see § 157.999

§ 157.169 PLANNED UNIT DEVELOPMENT (PUD).

(A) Purpose and intent. The intent and purpose of this section is to provide greater design flexibility in the development of land when consistent with the Comprehensive Plan. The use of a planned unit development (PUD) classification is deemed to be appropriate when the use of such regulations under this section promote a harmonious variety of uses; provides for an economy of shared services and facilities; and is compatible with surrounding areas fostering the creation of attractive, healthy, efficient and stable environments for living, shopping or working. PUD regulations are intended to encourage innovations in land development techniques so that the growing demands of the community may be met with greater flexibility and variety in type, design and layout of sites and buildings and by the conservation and more efficient use of open spaces and other amenities generally enhancing the quality of life.

(B) General requirements; permitted uses in PUD District. A PUD may be utilized in any of the following zoning districts: R1, R2, R3 and R4.

(1) Development plan. A development plan prepared by a registered professional engineer or land surveyor submitted to the Planning Commission in the form prescribed by this chapter.

(2) Form of submission. The development plan and any supporting map shall be clearly and legibly drawn at a maximum scale of 100 feet to one inch on a sheet or sheets 24 by 36 inches. The Commission reserves the right to require that the submission to be of a different scale when necessitated for purposes of legibility due to the size and area involved.

(3) Information. The development plan must show the following:

(a) Title of project, including names and addresses of applicant;

(b) North point, graphic scale and date;

(d) The existing site conditions including contours at five-foot intervals, watercourse, floodplains, unique natural features and forest cover;

(e) Proposed lot lines and plot designs;

(f) The location and floor area site of all existing and proposed buildings, structure and other improvements including maximum heights, type of building units, density per type and nonresidential structures;

(g) The location and size in acres or square feet of all areas to be conveyed, dedicated or reserved as common open spaces, parks, recreation areas and similar uses;

(h) The existing and proposed circulation system of arterial, collector and local streets including off-street parking areas, any service areas and major points of access to public rights-of-way (including major points of ingress and egress to the development);

(i) The existing and proposed pedestrian circulation system, including its interrelationships with the vehicular circulation system, including proposed treatments of points of conflict;

(j) The existing and proposed utility systems including sanitary sewers, storm sewers, and water, electric, gas and telephone lines. Written documentation must be furnished by the applicant verifying that all utility systems affected have adequate capacity for the proposed PUD;

(k) All properties, subdivisions, streets, easements, zoning classifications and public facilities adjacent to the proposed area for the PUD shall be indicated; and

(l) The proposed treatment of the perimeter of the PUD including materials and techniques used such as screens, walls and fences.

(D) Filing fee. At the time of filing for a PUD application with development plan, the application must be accompanied by the appropriate fees as set by the town.

(E) Notice of public hearing. If the Zoning Administrator is satisfied that the standards of this section have been met, the Plan Commission shall set a date for a public hearing before the Commission, giving written notification in the same manner as provided for rezoning applications and applications for primary plat approval.

(F) General development requirements. All developments plans submitted shall adhere to the following general development requirements:

(1) Proof of compliance with all provisions of the subdivision control regulations that would be applicable for the submission of an application for primary plat approval with the exception of those requirements which are specifically relaxed or modified by the provisions of this section;

(2) A plan for the management of traffic to be generated by the proposed development that includes the design, location of proposed streets and highway access points;

(3) Management of erosion and sediment control in compliance with all applicable governmental rules and regulations and also in a manner that minimizes damage to adjacent property, drainage channels, roads and other sensitive areas;

(4) Storm water management plan showing compliance with all applicable local, state and federal standards and other necessary specifications to protect adjacent down stream areas due to additional water run off, drainage or flooding;

(5) Proof that any outdoor illumination will not create a nuisance or interfere with the use and/or quiet enjoyment of surrounding properties based upon generally accepted engineering design guidelines;

(6) In case of common areas to be dedicated as part of the development plan, specific submission of appropriate covenants and restrictions for purposes of ownership and maintenance of said common areas;

(7) For all infrastructure which is not intended to be dedicated to the public, specification of plans, documents and/or covenants and restrictions to assure appropriate maintenance of said infrastructure; and

(8) Pursuant to I.C. 36-7-4-1511 the Town Council delegates to the Plan Commission the power to grant secondary approval of development plans. Any party aggrieved by the approval of said development plan, shall have the right to seek judicial review of said decision of the Plan Commission pursuant to I.C. 36-7-4-1016.

(G) Power of legislative body regarding PUD applications.

(1) Adoption of a PUD District classification may only be done by the Town Council following the approval of the development plan by the Plan Commission as set forth in the preceding division (F) above.

(2) In the approval of a PUD District classification, the legislative body may impose reasonable conditions including, but not limited to, conditions on the issuance of improvement location permits, the requirement of the furnishing of a bond or satisfactory written assurance guaranteeing the timely completion of proposed public improvements and/or require an owner/applicant to make a written commitment in the manner authorized under I.C. 36-7-4-1015.

(H) Submission of final detailed development plan. After receiving conditional approval from the Newburgh Advisory Plan Commission on a preliminary development plan, the applicant may submit its final detailed development plan which shall conform to the approved preliminary development plan.

(1) Form of submission. The final detailed plan shall be submitted to the Town Advisory Planning Commission drawn at a scale of 100 feet to one inch on a sheet or sheets 24 inches by 36 inches. The Planning Commission reserves the right to require that the submission to be of a different scale when necessitated for purposes of legibility due to the size and area involved. On reproducible transparency accompanied by six black line or blue line reproductions, all becoming the property of the Town Advisory Plan Commission. The final detailed development plan must be submitted within one year from the date of approval of the preliminary development plan unless upon application of the applicant, the Commission grants an extension. If the final detail development plan application has not been submitted within this time limit and no extension granted, the preliminary development plan shall be considered null and void and no further action shall be taken except by re-application.

(2) Information. The final detailed development plan shall conform substantially to the preliminary development plan that has received preliminary plan approval. It should incorporate any revisions or other features that may have been recommended by the Town Advisory Plan Commission at the preliminary review. The final detailed development plan shall conform to the requirements of the subdivision control regulations where applicable.

(3) Action on the final detailed development plan. The Zoning Administrator shall examine the final development plan to determine whether it conforms with the preliminary development plan. Upon approval, the Administrator shall affix the Commission’s seal upon the final detailed development plan together with the certifying signatures of its President and Secretary of the Plan Commission.

(4) Recording of final detailed development plan. The final detailed development plan must be recorded within one year from the date of approval. If not recorded within this time limit, the plan shall be considered null and void.

(5) Staging and plan changes.

(a) 1. Any plan which requires more than 36 months to complete may be constructed in phases with the final development plan being submitted for approval by sections.

2. If the PUD is phased and the final detailed development plan submitted in sections, it is expected that changes in the approved final development plan will be required from time to time.

(b) In order to preserve the flexibilities which are fundamental to a development plan, changes are permitted subject to the limitations listed below:

1. The changed plan must meet the basic objectives and all regulations and requirements of this section;

2. The Zoning Administrator may approve minor changes regarding building sizes and building locations which do not substantially change or make more permissive or less restrictive than the preliminary detailed development plan which was approved by the Plan Commission; and

3. Any major plan change must be submitted to the Plan Commission for re-approval.

(6) Final development plan approval.

(a) Detailed development plan review and approval under the provisions of this section shall be considered and reviewed by the Plan Commission in the same manner as subdivisions under the town subdivision control regulations.

(b) The applicant shall be required to post letters of credit prior to completion of required infrastructure and other required and/or mandated improvements in the same manner as prescribed by the subdivision control regulations.

(c) The Plan Commission shall be permitted to charge fees for the services and applications permitted herein as set out in an ordinance establishing certain fees relating to various permits involving land use in the town.

(Ord. 2005-9, passed 8-10-2005; Ord. 2013-07, passed 9-9-2013)