(A)   The regulations set by this chapter within each district shall be the minimum setback requirements and shall apply uniformly to each class or kind of structure or land use, unless otherwise specified in other parts of this chapter.

 

 

 

 

   (A)   No lot for residential use may exceed the following lot coverage with buildings:

 

 

   (B)   No lot for commercial use may exceed the following lot coverage with buildings:

 

 

(Ord. 5-2002, passed 3-4-02) Penalty, see § 151.999

   No dwelling shall be established, erected or changed so that its ground floor area, in square feet, is less than that prescribed in the following table:

 

(Ord. 5-2002, passed 3-4-02) Penalty, see § 151.999

   (A)   A building site that requires individual sewage system shall be a minimum of 150 feet by 200 feet with a minimum of 50 feet street or county road frontage.

   (B)   Lots of record or individually held prior to the passage of this chapter may be smaller in width than the figure prescribed; however, setbacks should be maintained.

(Ord. 5-2002, passed 3-4-02) Penalty, see § 151.999

   (A)   No dwelling shall be erected on any lot that does not have the minimum square footage prescribed in the following table:

 

 

(Ord. 5-2002, passed 3-4-02; Am. Ord. 17-2023, passed 7-10-23) Penalty, see § 151.999

   (A)   Except as herein provided, no building or structure shall be erected, altered, enlarged, or reconstructed so that the height exceeds the following height limit within the district listed:

 

 

   (B)   Exceptions.

      (1)   In an R3 and B2 District, structures may be erected or changed to a height not greater than 65 feet; however, for each foot above 65 feet, side yard setbacks shall exceed one foot.

      (2)   In an I1 and B3 District, structures may be erected or changed to a height greater than 100 feet; however, for each foot above 75 feet, side yard setbacks shall exceed one foot.

      (3)   Television aerials, electrical transmission and communication poles, towers, steeples, flagpoles, chimneys, smokestacks, water towers, grain elevators, silos, and other similar structures may be erected to a height not to exceed 200 feet provided that FAA lighting is installed above 150 feet.

      (4)   No structure shall be erected that will interfere with FAA flight restrictions.

      (5)   Communication towers shall comply with the requirements of § 151.074.

(Ord. 5-2002, passed 3-4-02) Penalty, see § 151.999

   These districts have been created to preserve and enhance a safe, pleasant living environment and are intended to provide a variety and mix of dwelling types. In order to maintain that environment, the following restrictions shall apply to all residential zone districts including mobile home parks:

   (A)   Automotive vehicles, including campers and motor homes, of any kind or type without current license plates, nor any dismantled vehicle shall be parked or stored for more than seven days on any residential zoned property other than inside a completely enclosed building. These vehicles shall be considered abandoned vehicles and are subject to be towed if left on the property more than ten days from date of notice of violation. All costs and expenses shall be endured by the property owner.

   (B)   Major recreational vehicles may be parked or stored on the side or rear lot in these districts provided that they do not violate any other part of this chapter and no more than two pieces of equipment are present. Further, no such equipment shall be used for living, sleeping, camping, or housekeeping while parked or stored on a residential lot. Recreational vehicles shall not have electric or water connected while stored or parked on any lot other than a campground.

   (C)   Recreational vehicles may be parked in front or on the street for loading and unloading purposes for a period not to exceed 24 hours, provided they do not interfere with the control of traffic, or present a traffic hazard.

   (D)   Fences, walls and hedges may be permitted in any required yard or along the edge of any yard provided that street, alley or driveway entrances are not shielded in such a way as to obstruct the view of a driver entering a public way from the street, alley or driveway.

   (E)   No farm equipment shall be parked, stored, or maintained on any lot in a residential district unless it is stored inside an enclosed building.

   (F)   As for future use (swimming pools - check International Swimming Pool and Spa Code book for regulations).

   (G)   Firewood and building materials shall be stacked in a neat and orderly manner on the rear of the property and shall be maintained so that it does not cause a nuisance or health hazard to the neighborhood.

   (H)   No farm animals, rabbits, wild animals or fowl, shall be kept, raised or maintained on any lot within the city jurisdiction that is zoned residential unless said lot is ten acres or more in size.

   (I)   No person shall keep, raise or maintain in any residential zone district more than three dogs that are more than 12 weeks old. The area shall be well maintained and shall not cause a health hazard or common nuisance to surrounding property.

   (J)   Rummage sales, garage sales, yard sales, or any other similar type of sale held by non-business entities or individuals for the purpose of selling or exchanging personal property shall:

      (1)   Be conducted at the residence of the owner of the personal property being sold and by the owner or immediate family of the owner of the property being sold;

      (2)   The tangible personal property must not have been acquired by the owner for the purpose of resale;

      (3)   Any person(s) intending to have a rummage sale within the city jurisdiction shall be required to obtain a permit, at no cost, which must be openly displayed on the site of the sale; and

      (4)   Personal sales shall be limited to two per calendar year, which do not extend more than three days per sale. Those sales registered with the Miami County Chamber of Commerce community sales during the months of May, July, and September on the second full weekend (Friday and Saturday only) will not be considered personal sales; and

      (5)   Churches, community groups, or other groups that fall under the 501(c)3 tax exemption code may hold a rummage sale on property they own and are exempt from divisions (J)(1), (2), and (3) of this section.

   (K)   Trash, rubbish and discarded used property shall not be kept, stored or maintained on porches, patios or on any lot in a residential district.

   (L)   Vehicles shall not be parked or stored on or across sidewalks or alleys and no more than one vehicle may be displayed for sale at a time on any lot. Such vehicles shall have current license plates and be in operable condition.

   (M)   The raising or keeping of bees shall be prohibited within the confines of the city limits or within 500 feet from any residence within the city jurisdiction.

   (N)    No accessory building may be used or occupied as a residential use unless authorized by the Commission as an authorized use.

   (O)   No commercial vehicle larger than one ton may be parked or stored in any residential district unless off street parking is provided and the vehicle does not interfere with visual clearance or create a common nuisance in the surrounding area.

   (P)   There shall be no major repair on any motor vehicle outside of an enclosed building in any residential district.

   (Q)   No vehicle, part of vehicle, semi-trailer, camper trailer or mobile home shall be used for storage or accessory building on any lot or parcel of land.

   (R)   Trash dumpsters may not be placed on any lot or street for more than 14 days during construction unless approved by the Commission.

   (S)   Accessory buildings may be constructed before the primary building; however, accessory buildings shall not be used as a dwelling unless approved by the Zoning Administrator.

   (T)   Noxious weeds and other rank vegetation, including, but not limited to, grass, weeds or other vegetation, living or dead, which exceeds eight inches in height above ground, in all residential zones or in such district where property is not used for agriculture or grazing land, shall be considered a common nuisance. The failure of any property owner to cut grass, weeds or other vegetation, living or dead, on his property shall be evidence that said property is maintaining a nuisance and shall be subject to fines and other charges as outlined under the weed control ordinance.

   (U)   No person shall produce any noise that will exceed noise levels of 64 db daytime or nighttime, measured 25 feet from the noise source or the same level criteria measured at the property line which causes a common nuisance to the surrounding neighborhood, such as barking dog, vehicle engines, grinding, heavy machines, music or similar noises.

      (1)   Commercial establishments that play music must limit the level of unreasonable or disturbing noise that escapes into the streets or is heard inside nearby residences by requiring that sound levels may not exceed 56 decibels as measured from inside nearby residences, or seven decibels over the ambient sound level, as measured on a street or public right-of-way 25 feet or more from the source or inside nearby residence between 10:00 p.m. and 7:00 a.m. If ambient sound levels are 64 db or above, the change of seven db above ambiance applies.

      (2)   Pervasive bass sounds that resonate and can be felt physically by a person that may disturb residents shall not exceed seven db above the ambient sound if the ambient sound is greater than 64 db.

   (V)   Owners or custodians of dogs that walk on property other than their own, including city-owned property, shall be responsible for collecting and disposing of any feces left by their dog(s). Failure to comply shall subject the owner or custodian of the dog to the penalties prescribed in this chapter.

(Ord. 5-2002, passed 3-4-02; Am. Ord. 22, 2008, passed 11-3-08; Am. Ord. 14, 2015, passed 4-6-15; Am. Ord. 16, 2015, passed 4-6-15; Am. Ord. 24, 2016, passed 8-1-16; Am. Ord. 18-2020, passed 11-2-20; Am. Ord. 10A, 2019, passed 5-6-19; Am. Ord. 18-2021, passed 8-3-21)   Penalty, see § 151.999

   In order to maintain a safe and economic community, the following restrictions shall apply to all commercial districts.

   (A)   No merchandise shall be displayed across sidewalks or protrude more than three feet from any building that would interfere with the pedestrian right-of-way; however, during community events such as circus days, heritage days or other community events, merchandise may be displayed on sidewalks.

   (B)   Auto repair shops, body shops and other similar shops shall not store or maintain unlicensed or dismantled vehicles on the premises more than 72 hours unless said vehicle is stored inside an enclosed building or an approved fenced-in lot.

   (C)   Discarded used property, rubbish or trash shall be placed in dumpsters or waste containers and shall be disposed of at least once a week.

   (D)   Semi-trailers shall not be used as storage buildings for merchandise for more than 72 hours on any commercial lot.

   (E)   Temporary buildings shall not be used for commercial businesses unless authorized by the Zoning Administrator. If a temporary building is used for commercial or public use, said building shall meet the minimum standards of building, fire and safety codes and there shall be a set date for which the structure is to be used.

   (F)   Banners, streamers or sales flags shall not be located on any site below the height of eight feet, and when banners, streamers or flags become distorted or in need of repair, they shall be removed.

   (G)   Waste such as oil, grease, motor oil, anti- freeze and other similar products shall be stored in proper containers so that they may be disposed of in a safe and proper manner not less than once a month.

   (H)   Mobile homes shall not be used for commercial uses unless approved by the State Fire and Building Safety Commission. Semi-trailers shall not be used as billboards or advertisement on commercial lots.

   (I)   No unlicensed or inoperable vehicle may be stored or maintained on any lot zoned commercial for which such use has not been approved as an authorized use.

   (J)   No ground floor commercial zoned store unit on Broadway from Bayless/Eight Street on the north to the Wabash River on the south may be used as a residential living unit.

(Ord. 5-2002, passed 3-4-02; Am. Ord. 7, 2013, passed 3-4-13) Penalty, see § 151.999

   (A)   Vehicles such as semi-trailers, mobile homes, vans and campers shall not be used as storage buildings on any parcel of land zoned agricultural unless the Zoning Administrator approves such vehicle. The vehicle shall not be seen from a public road.

   (B)   Agriculture buildings shall not require an improvement location permit; however, setback requirements shall be the same as any other setback requirement and a permit from the County Assessor's office must be issued.

   (C)   Semi-trailers shall not be used for billboard or advertisement in any agriculture area.

   (D)   Farm animals shall not be kept, raised or maintained on any property zoned agriculture that is less than three acres.

   (E)   A confinement feeding operation that has less than ten acres shall have a special exception approved by the Board of Zoning Appeals and shall meet the guidelines set forth in the Table of Primary Uses set forth in § 151.042 and the Table of Special Exceptions set forth in § 151.045. A confinement feeding operation that has more than ten acres shall meet the guidelines set forth in §§ 151.042 and 151.045 but shall not require Board approval.

   (F)   Unlicensed or inoperable vehicles shall not be stored or maintained on any lot or parcel zones agricultural.

(Ord. 5-2002, passed 3-4-02) Penalty, see § 151.999

   (A)   Any person or organization that offers for sale products from a vehicle, tent, booth or other means shall have an improvement location permit from the Plan Commission for the duration of the sale. This applies to any location within the city. The same fees shall be waived for “not for profit” organization provided proceeds from vendor or numerous vendors are applied directly to the “not for profit” organization. The same fee shall be waived for any vendor or group of vendors operating in conjunction with or under the authority of the Chamber of Commerce, Circus City Festival, Cole Porter Festival, or other festivals within the corporate boundaries of the city.

   (B)   Fees for permits shall be:

      (1)   $25 per summer season, weekends only.

      (2)   $20 per seven days.

      (3)   $50 per 30 days.

      (4)   $100 per 90 days.

      (5)   No permit shall be issued for more than 90 days.

      (6)   Permits shall only be issued in a business or industrial area.

      (7)   Permits can be renewed.

      (8)   Permits must be displayed at location.

(Ord. 5-2002, passed 3-4-02; Am. Ord. 21, 2014, passed 7-7-14) Penalty, see § 151.999

   (A)   Any accumulation of stagnant water permitted or maintained on any lot or piece of ground.

   (B)   Dense smoke, noxious fumes, gas, soot or cinders in unreasonable quantities.

   (C)   The obstruction of any pubic street, road or sidewalk.

   (D)   The obstruction of any dedicated easement or right-of-way.

   (E)   The alteration of the flow of storm water to the detriment of surrounding property.

   (F)   The discharge of any liquid onto the property of other persons, including but not limited to, the discharge of any water as the result of the draining of a swimming pool or the operation of a sump pump.

(Ord. 5-2002, passed 3-4-02) Penalty, see § 151.999

(Ord. 5-2002, passed 3-4-02) Penalty, see § 151.999

   (A)   Smoke.

      (1)   No light industrial use may emit more than ten smoke units per hour, per stack or smoke, in excess of Ringelmann No.2. However, once during any 24-hour period, for soot blowing, process purging and fire cleaning, each stack may emit an additional ten smoke units, and during that time it may emit smoke up to and including Ringelmann No. 3.

      (2)   No heavy industrial use may emit more than 30 smoke units per hour, per stack or smoke, in excess of Ringelmann No. 2. However, once during any six-hour period, for soot blowing, process purging, and fire cleaning, each stack may be permitted an additional ten smoke units, and during that time it may emit smoke up to and including Ringelmann No. 3.

      (3)   In this section, the term RINGELMANN NUMBER means the number of the area on the Ringelmann Chart that most nearly matches the light-observing capacity of smoke. The Ringelmann Chart is described in the U.S. Bureau of Fines Information Circular 6888 or amendments, on which are illustrated graduated shades of gray for use in estimating smoke density. Smoke below the density of Ringelmann No. 0 and Ringelmann No. 1 shall be considered as no smoke.

      (4)   SMOKE UNIT means the number obtained when the smoke density in the Ringelmann Number is multiplied by the time of emission in minutes. For the purpose of the calculation, a Ringelmann density reading shall be made at least once a minute during which it is observed. The products so computed shall than be added to give the total number of smoke units observed during the entire observation period.

   (B)   Odor. No light or general industrial use may release an offensive odor that is detectable at the lot line.

   (C)   Toxic material. For a light or general industrial use, the emission of toxic or noxious materials may not produce a concentration at a residential or business district boundary line exceeding the percentage of the threshold limit values set forth by the Federal Emergency Management Agency.

   (D)   Glare and heat. No light or heavy industrial use may cause heat at the lot line so intense as to cause a public nuisance or hazard. No such use may cause illumination at or beyond any residential district boundary in excess of 0.1 foot candle. As used in this section, FOOT CANDLE means a unit of illumination at all points that are one foot from a uniform point source of one candle power.

   (E)   Vibration. No light or heavy industrial use may cause continuous earthborn vibration that does not meet the requirements set by IOSHA.

   (F)   Noise. No light or heavy industrial use may produce a sound pressure level that does not meet the guidelines of IOSHA.

   (G)   Fire Hazards.

      (1)   Solid substances ranging from dry active burning to intense burning may be stored, used, or manufactured only within completely enclosed walls and protected throughout by an automatic fire extinguishing system.

      (2)   The storage, utilization, or manufacture of flammable liquids or materials which produce flammable vapors or gases shall be permitted in accordance with the rules and regulations of the State Fire Marshal's Office, stating that the plans and specifications for light and heavy industrial use comply with the rules and regulations of the State Fire Marshal, and shall accompany the application for an improvement location permit.

      (3)   As used in this chapter, FREE BURNING shall mean a rate of combustion described by a substance that burns actively and easily supports combustion; INTENSE BURNING shall mean a rate of combustion described by a substance that burns with a high degree of activity and is consumed rapidly.

   (H)   Detonation Material.  

      (1)   No activity involving the storage, use, or manufacture of materials that decompose by detonation may be carried on, except in accordance with the rules and regulations issued by the State Fire Marshal and State Administrative Building Council. These materials include primary explosives such as lead azide, lead styphnate, fulminates, and tetracene; high explosives such as TNT, RDX, HMX, PETN and PICRIC ACID; propellants and their components, such as nitrocellulose, black powder, boron hydrides, hydrazine, and its derivatives; pyrotechnics and fireworks, such as magnesium powder, potassium chlorate, and potassium nitrate; blasting explosives such as dynamite and nitroglycerin; unstable organic compounds such as acetylides, tetrazoles, and ozonides; strong oxidizing agents such as liquid oxygen, perchlorates, chlorates and hydrogen peroxide in concentrations greater than 35% and nuclear fuels, fissionable material and products and reactor elements such as Uranium 235 and Plutonium 239.

      (2)   Restrictions that apply to industrial uses shall apply to general business uses when used for manufacturing.

   (I)   Storage Areas. All storage areas shall be enclosed with a six-foot fence surrounding the entire storage area.

(Ord. 5-2002, passed 3-4-02) Penalty, see § 151.999

   (A)   Permanent Signs: Business Districts. In order to present a uniform standard, create a more attractive and economically vital business climate, enhance and protect the physical appearance of the community, reduce the incidence of signs or advertising distractions which may contribute to traffic accidents the following restrictions shall apply to all advertising signs:

      (1)   Advertising signs shall be located upon the premises in which the business is located and shall not encroach on any other property.

      (2)   Advertising signs attached flush to a building shall not be less than four feet from the ground level.

      (3)   Advertising signs and billboards on permanent poles eight feet above ground level shall not protrude with any portion of the sign closer than ten feet from the right-of-way line. Signs on permanent poles that are less than eight feet shall not be closer than three feet from inside of sidewalk and shall not interfere with vehicle traffic vision.

      (4)   No sign shall have flashing lights or be illuminated where it will cause distraction to vehicular traffic or interfere with vision.

      (5)   No free-standing sign shall have more than two faces per sign, and no more than two signs shall be affixed or attached to a single free-standing sign.

      (6)   Whenever a business is terminated, advertising signs shall be removed from said premises.

   (B)   Temporary Signs.

      (1)   Temporary signs may be placed on a property for special events not to exceed seven days; however, no temporary sign may be placed on a property more than six times in one calendar year.

      (2)   Temporary signs may not be placed on any portion of sidewalks, street right-of-ways or alleys.

      (3)   Temporary signs may be placed in residential areas for a period not to exceed three days provided they do not advertise a business operation and an improvement location permit has been issued.

      (4)   All temporary signs that are presently in place shall have 30 days from the date of this chapter to be removed from the premises.

      (5)   No person, firm or business shall place more than one temporary sign on any lot unless said lot has more than 150 feet of road frontage. The minimum distance between each sign shall be 100 feet with a maximum of three temporary signs.

      (6)   Semi-trailers shall not be used for advertisement on any parcel of land within the city.

   (C)   Home Occupation or Variance. Whenever an authorized home occupation or variance has been granted in a residential area, a sign not to exceed 30 inches by 30 inches shall be authorized advertising the business, one sign per property owner. The sign color and design shall be approved by the Zoning Administrator before it will be allowed to be installed on the property. The sign shall be mounted to two four-by-four posts (treated wood or vinyl) placed three feet in the ground, in concrete with the top of the sign no higher than five feet above grade, located no closer than three feet from the front property line. No illuminating advertising sign or other device shall be authorized.

   (D)   Signs; Generally. All advertising signs shall have an improvement location permit except the following:

      (1)   Directional signs.

      (2)   Political signs three feet by three feet.

      (3)   Public service signs.

      (4)   Real estate signs three feet by three feet.

      (5)   Real estate development signs four feet by four feet.

   (E)   Sign Upkeep.

      (1)   It shall be the responsibility of the property owner to maintain any sign placed on premises. If a sign becomes distorted or becomes inactive for a period of 90 days, the owner of the sign or the owner of the property upon which the sign is located shall, upon written notice from the Zoning Administrator, remove said sign.

      (2)   Any person may be required to remove or relocate an advertising sign within 60 days after the Zoning Administrator has been notified that the land on which the sign is located, has been rezoned to residential or within 50 feet of a residential dwelling.

   (F)   Advertising Signs Off Premises. An OFF PREMISE SIGN is a sign which communicates the availability of goods, services and ideas not necessarily available on the premises on which the sign is located.

   (G)   Restrictions. All signs which are placed off premises shall conform to the following restrictions:

      (1)   No advertising sign shall be located within 50 feet of any residential dwelling.

      (2)   There shall be a signed contract from the property owner along with an agreement stating maintenance upkeep and assigned responsibility.

      (3)   No portion of an advertising sign shall be closer than ten feet from the right-of-way line.

      (4)   There shall be no more than two facings per sign and no such sign shall have more than 600 square feet per facing.

      (5)   No billboard or advertising sign shall be within 1,000 feet of another advertising sign on either side of the street, measured in linear feet along a right-of-way line.

      (6)   All off premises signs shall have a maximum height not to exceed 50 feet above grade level of the roadway to the top of the sign face, as measured from the centerline of the roadway to which the sign is oriented.

      (7)   Upon notification from the Zoning Administrator that the sign is in poor condition or in need of maintenance, the advertising sign shall be removed within 15 days from receipt of notice.

      (8)   Off premise signs shall be authorized in B3 and industrial zoned areas provided that the use is not being used as a residential use.

      (9)   Permanently attached or affixed signs legally existing prior to the adoption of this chapter but no longer conforming to this chapter shall be considered a nonconforming use. It shall not be replaced except in conformance with this chapter.

      (10)   All advertising signs shall have plans showing detail of construction and any sign erected shall be certified to meet the winds as outlined according to code.

(Ord. 5-2002, passed 3-4-02; Am. Ord. 13-2006, passed 4-10-06; Am. Ord. 3-2020, passed 2-3-20) Penalty, see § 151.999

   (A)   Purpose. This section creates the framework for wireless communication regulations so that wireless communication facilities can be sited in a manner which provides comprehensive service to the community, protects the community from clutter and design and is compatible with existing and future land use. The guidelines also encourage facilities to be located in areas least disruptive to residential areas, improve the appearance of the community, safeguard and enhance property values, and protect public and private investment in buildings and open spaces.

   (B)   Definitions. For the purposes of this section, the following definitions shall apply:

      ACCESSORY. A subordinate structure, building or use that is customarily associated with the primary use. For the purpose of this section, this term shall mean TOWER.

      ANTENNA. A device used to collect or broadcast electromagnetic waves, including both directional antennas, such as panels and microwave dishes.

      SIGN. Any structure, fixture, placard, announcement, declaration or device used to advertise or promote any business, product, goods, activity, services or any interest.

      TOWER. A structure designed and intended to support one or more antennas. The term includes lattice-type structures, either guyed or self-supporting, and monopoles, which are self-supporting pole-type structures, tapering from base to top and supporting a fixture designed to hold one or more antennae.

   (C)   Location. Wireless communication towers shall be authorized in A2 Agriculture, A3 Agriculture general business and light and heavy industrial areas and shall require a special exception from the Board of Zoning Appeals.

   (D)   Existing Towers. Any tower which is legally established on the effective date of this chapter may be used for wireless communication facilities as long as the height is not increased nor the location of the tower changed.

   (E)   Height Restriction. No tower may be at a height greater than 250 feet in an A2 or A3 zoned district. No tower shall be at a height greater than 200 feet in light or heavy industrial zoned districts and no tower shall be at a height greater than 150 feet in a general business zoned district.

   (F)   Distance. Wireless communication facilities towers may not be located within one mile from any other wireless communication tower, nor within 500 feet of any residential dwelling. No tower shall be within 300 feet of any state or county road measured from the right-of-way line.

   (G)   More than One User. Sufficient land shall be secured by the initial wireless communication facilities tower provider to reserve adequate area for more than one equipment structure. All towers shall be designed and constructed so that more than one wireless communication company may attach equipment to the tower. When applying for an improvement location permit, the owner of the tower shall provide assurance that the tower is available for use by other wireless communication providers.

   (H)   Guy Anchorages. Any guy anchorages shall not be located less than ten feet from the property line in which the tower is located.

   (I)   Maintenance. Where multiple uses of a site are involved, the owner of the site shall be responsible for the installation and maintenance of landscaping and upkeep of the site.

   (J)   Sign Prohibited. No lettering, symbols, images, trademarks, signs or advertising of any kind shall be placed on, or affixed to, any part of the tower or structure, other than as required by Federal Aviation Administration, Federal Communication Commission or other agency regulations or as required to protect public health and safety.

   (K)   Equipment Structure. Equipment structure shall be located in compliance with the specific accessory structure requirement for the district in which the site is located; however, no equipment shall be larger than 300 square feet in area, with a maximum height of 15 feet.

   (L)   Special Exception. Where wireless communication towers are permitted by special exception, an application for the wireless communication facility must be filed with the Board of Zoning Appeals. A public hearing and notice to the adjoining property owners is required in accordance with the rules of procedure of the Board. The Board may grant the special exception only if the following conditions are met:

      (1)   The grant will not be injurious to the public health, safety, morals, convenience or general welfare.

      (2)   The grant will not materially and substantially interfere with the lawful use and enjoyment of adjoining property and the surrounding community.

      (3)   The grant will assure that the design of the wireless communication tower is compatible with the surrounding area.

      (4)   The grant is consistent with the 1996 Telecommunications Act.

      (5)   The grant is consistent with the statement of purpose set forth in this section and does not interfere with the comprehensive plan of the county.

   (M)   Improvement Location Permit. If the Board of Zoning Appeals grants the special exception, the following items shall be furnished to the Administrator:

      (1)   Site plans of the area drawn to scale.

      (2)   A description of the wireless communication tower and its design.

      (3)   Documentation establishing the structural integrity of the tower.

      (4)   A statement that the tower meets the standards of the American National Standards Institute.

      (5)   A statement regarding the availability of another wireless communication facility provider to use the tower as required above.

      (6)   Proof of ownership of the proposed site, or property owner's consent to use the site for a wireless communication facility.

      (7)   FAA release.

      (8)   Site location of all towers within one-half mile radius of this location.

   (N)   Tower Removal. Any tower which ceases to be used for a period of one year shall be removed. Before obtaining an improvement location permit for a tower, an applicant which is not also the owner of the property, must provide recordable evidence of a written agreement between the wireless communication facility operator and the property owner that the wireless communication facility operator has agreed to remove the tower as required and further granting a right of access of the tower to the Miami County Plan Commission to enforce the cause to remove the tower. All past users of the tower and the owner of the property upon which the tower is located shall be jointly and severally liable for the cost incurred by Miami County Plan Commission in accomplishing the removal.

(Ord. 5-2002, passed 3-4-02) Penalty, see § 151.999

   (A)   Categories. Home occupations shall be categorized as follows:

      (1)   Class "A": Home office which does not involve supplies or client business visits to the premises or the use of equipment or processes on the premises of the home occupation which may adversely affect nearby dwelling units or properties through noise, vibrations, odors, fumes, fire hazards, light glare, or electrical or radio wave interference. Class "A" shall be allowed in all residential and agriculture districts.

      (2)   Class "B": Home occupations which include limited supplies and clients and will not cause an adverse affect on the surrounding properties or dwellings within the district. Example of Class "B" home occupations shall be one chair beauty shops, music lessons, ceramics classes, professional offices, phone services and similar occupations.

   (B)   Restrictions. The following restrictions shall apply to all home occupations, shall be approved by the Zoning Administrator and an improvement location permit shall be issued authorizing such use.

      (1)   The home occupation shall be conducted by the people who are residents of the dwelling only.

      (2)   The home occupation shall be clearly incidental and subordinate to the residential use, and shall under no circumstance change the residential character of the dwelling.

      (3)   The floor area devoted to the home occupation shall not exceed 25% of the floor area of the dwelling unit. However, up to 300 square feet in an attached or detached garage of the dwelling or an accessory building may be used for the home occupation in lieu of floor space within the dwelling unit. Home occupation shall not be authorized in apartments or mobile homes.

      (4)   There shall be no changes in the outside appearance of the premises other than one non- illuminated sign, not to exceed four square feet. The sign may be mounted flat against the wall of the building or mounted on a four-inch by four-inch post located on the premises.

      (5)   All display of products and storage of materials or supplies used in the home occupation shall be done in accordance with the enclosed building and space limitations set forth in division (B)(3) above.

      (6)   No vehicular traffic shall be generated by the home occupation in greater volume than would normally be expected in a residential neighborhood and any need for parking generated by the conduct of the home occupation shall be met off the street and on the premises, other than the front yard.

      (7)   The home occupation shall not adversely affect the habitability or value of the surrounding properties nor alter the essential residential character of the neighborhood.

      (8)   Any violation of these regulations may result in an automatic revocation of any home occupation permit, in addition to any other remedy for such violations provided in this chapter or by law.

      (9)   The issuance of a permit to engage in a home occupation in accordance with this chapter shall not be deemed to be a change of zoning nor official expression of opinion as to the proper zoning for the particular property.

   (C)   Home workshops. The following restrictions shall apply to home workshops;

      (1)   Home workshops shall not be used between the hours of 10:00 p.m. at night to 7:30 a.m in the morning.

      (2)   No outside storage of material shall be permitted for home workshop operations.

      (3)   Products produced from home workshops shall not be displayed for sale at the location of the home workshop.

(Ord. 5-2002, passed 3-4-02) Penalty, see § 151.999

   (A)   Minimum requirements. The following off- street parking spaces shall be provided and satisfactorily maintained by the owner, for each building which is hereafter erected or at the time any structure is enlarged or increased in capacity or at the time the use of the property is hereafter changed, off street parking spaces shall be provided as follows:

      (1)   Each automobile parking space shall be not less than 9 feet by 20 feet in area.

      (2)   For any place of assembly without fixed seats, at least one parking space for each 130 square feet of gross floor area.

      (3)   For any auditorium, gymnasium, stadium, church or theater, or similar place of assembly, at least one parking space for each four seats based on maximum seating capacity, including fixed or movable seats.

      (4)   For any automatic car wash, three parking spaces for each wash lane.

      (5)   For banks, finance institutions, office buildings, professional buildings, libraries, museums, welfare institutions or similar uses, at least one parking space for each 200 square feet of gross floor area.

      (6)   Funeral homes shall have a minimum of 30 parking spaces.

      (7)   For barber shops or beauty shops at least two parking spaces per barber or beautician using the shop.

      (8)   For bowling alleys, at least four parking spaces for each bowling lane.

      (9)   For shopping centers, department stores, or super markets, at least one parking space for each 200 square feet of gross floor area.

      (10)   For commercial retail stores with less than 10,000 square feet of gross floor area, one parking space for each 200 square feet of gross feet area.

      (11)   For any eating or drinking establishment or other similar use where customers are seated and served within a building, one parking space for each 200 square feet of gross floor area thereof plus ten additional spaces.

      (12)   For furniture stores, household appliance stores or mechanical trades display stores and other similar uses, at least one parking space for each 800 square feet or gross floor area thereof.

      (13)   For a high school, college, trade school, business school and other similar use, one parking space for each seven students enrolled.

      (14)   For a hospital, sanitarium, sanatorium, convalescent home or other similar use, one parking space for each three beds.

      (15)   For a hotel, motel, boarding house, dormitory, fraternity house or other similar use, one parking space per sleeping room.

      (16)   For a launderette, laundromat, self-service laundry, washateria or other similar use, one parking per three washing machines.

      (17)   For any manufacturing, processing, warehousing, storage, or other similar industrial or commercial establishment not specifically set out in these divisions, one parking space per three employees, plus sufficient spaces to park all company- owned or leased motor vehicles, semi-tractors and trailers.

      (18)   For a medical clinic or similar use, at least three parking spaces per doctor or dentist using the facility, plus one parking space per two employees.

      (19)   For a mobile home court, at least two parking spaces per mobile home space.

      (20)   For each single-family dwelling, two parking spaces per dwelling.

      (21)   For apartments and other similar uses, two parking spaces per unit.

      (22)   For mixed uses in the same building or structure, the total requirement for off-street parking shall be the sum of the requirements of the various uses. One use shall not be considered as providing required parking facilities for the other unless approved by the Zoning Administrator.

      (23)   For government buildings such as post offices, courthouses and personal services, there shall be one parking space for each employee plus a minimum of ten spaces for customers.

   (B)   All parking spaces provided pursuant to this chapter shall be on the same lot with the building or use, except that the Board, after a public hearing, may permit the parking spaces to be on any lot within 300 feet of the building.

   (C)   The distance to any parking space area as herein required shall be measured between the nearest point of the off-street parking facilities and the nearest point of the building of said parking facilities it is to serve.

   (D)   All parking facilities shall be accessible from a public street or alley.

   (E)   Parking area improvements.

      (1)   All land hereafter that is placed in use for off-street parking and all driveways thereto shall be paved or surfaced with materials and in the manner which meets such minimum specifications as prescribed by the County Engineer's Office.

      (2)   All land used for off-street parking shall not use any part of the street, alley or sidewalk for parking.

      (3)   Any light used to illuminate land used for off-street parking shall be installed and maintained so as to reflect the light away from residential areas and streets.

      (4)   Nothing contained in this section shall be deemed to apply to any off-street parking spaces or driveways for single-family dwelling units.

(Ord. 5-2002, passed 3-4-02; Am. Ord. 23, 2019, passed 10-7-19) Penalty, see § 151.999

   (A)   All commercial or business uses shall provide and maintain loading and unloading zones for receiving and shipping of material and merchandise.

   (B)   Loading and unloading spaces shall be a minimum of 12 feet by 50 feet with a 14 foot clearance in height. Loading and unloading zones may not be part of the requirement for off-street parking.

   (C)   In the event the loading and unloading is within 100 feet of a residential district or within 25 feet of a residence, the loading zone shall be screened.

   (D)   Loading and unloading may be permitted in the downtown area provided that traffic is not obscured more than five minutes and no traffic hazard exists.

(Ord. 5-2002, passed 3-4-02) Penalty, see § 151.999

   (A)   Intent. It is recognized that under IC 36-7-4-1106, 1988 Edition, certain forms of manufactured housing may not be totally barred from those zoning districts where other forms of residential housing are generally allowed. It is the intent of these regulations to identify those forms of manufactured homes which may be located outside of manufactured home parks.

   (B)   Qualifying manufactured homes. Manufactured housing meeting the following criteria may be located outside of manufactured home developments and within those zoning districts where other forms of residential housing are allowed, subject to the requirements and limitations of the respective districts. Such manufactured homes shall:

      (1)   Shall have been manufactured within 15 years prior to the date the permit to place was requested;

      (2)   Have more than 950 square feet of occupied space and be at least 24 feet in width;

      (3)   Have siding material of a type customarily used on conventionally built residences, as specified in division (C)(1);

      (4)   Have roofing material of a type customarily used on conventionally built residences, as specified in division (C)(2);

      (5)   Be placed on a permanent foundation in accordance with approved installation standards, as specified in division (C)(3);

      (6)   Utilize a permanent perimeter base enclosure in accordance with approved installation standards; as specified in division (C)(4);

      (7)   Have the wheels, axles, and hitch mechanisms removed;

      (8)   Be anchored to the ground, in accordance with the state's one and two family dwelling code and manufacturer's specifications;

      (9)   Have utilities connected in accordance with the state's one and two family dwelling code and manufacturer's specifications; and

      (10)   Receive all required permits and inspections, and conform with the Zoning Ordinance and all other city ordinances.

   (C)   Appearance/installation standards. 

      (1)   (a)   Approved Siding Materials: Type I and II manufactured homes shall use one or more of the following siding materials:

            1.   Residential horizontal aluminum lap siding;

            2.   Residential horizontal vinyl lap siding;

            3.   Cedar, Redwood, or other decorative wood lap siding;

            4.   Stucco siding; or

            5.   Brick or stone siding

         (b)   The Board of Zoning Appeals may approve other forms of residential siding as a special exception in those instances where it can be specifically shown by the applicant that the material proposed is compatible with that used on conventionally built housing in the immediate neighborhood of the proposed location. Vertical, riveted or welded metal siding shall not qualify for consideration under this provision.

      (2)   (a)   Approved roofing materials: Type I and II manufactured homes shall use one of the following roofing materials on a roof pitched according to the design specifications of the respective material:

            1.   Fiberglass shingles;

            2.   Shake shingles;

            3.   Asphalt shingles; or

            4.   Tile materials.

         (b)   The Board of Zoning Appeals may approve other forms of roofing materials as a special exception in those instances where it can be specifically shown by the applicant that the material proposed is compatible with that used on conventionally built housing in the immediate neighborhood of the proposed location. Tar paper, tar or asphalt "build-up" roofs, or riveted or welded metal roofing shall not qualify for consideration under this provision.

      (3)   (a)   Permanent foundation. Type I and II manufactured homes shall be placed upon a permanent foundation. For the purposes of this section, a "permanent foundation" is defined as a structural system that:

            1.   Transfers loads imposed by the home to firm substrata;

            2.   Has a lower surface placed below the frostline;

            3.   Is attached to the home in such a way as to secure the home to the foundation so that the home becomes a part of the real estate; and

            4.   Causes the home to be assessed for taxation as an improvement to the real estate.

         (b)   The design and construction of these load-bearing foundations shall be in conformance with the requirements of the Indiana One and Two Family Dwelling Code, and with the manufacturer's installation specifications.

      (4)   Permanent perimeter enclosure: Type I and II manufactured homes shall utilize a permanent perimeter enclosure. For the purposes of this section, a "permanent perimeter enclosure" shall mean a structural system consisting of materials such as Portland cement, mortared cement block, or mortared brick completely enclosing (with the exception of required openings) the space between the floor joists of the home and the under-floor grade. The permanent perimeter enclosure and the permanent foundation may be constructed as a unified structural system for those homes with a design compatible with such an approach. Design and construction of the permanent perimeter enclosure shall comply with the requirements of the Indiana One and Two Family Dwelling Code.

      (5)   Structural alteration: Due to its integral design, any structural alteration or modification of a manufactured home after it is placed on the site shall be approved by the authorized city building commissioner or inspector.

   (D)   Non-conforming manufactured homes. Where, on or before passage of this section, a manufactured or mobile home has been lawfully placed and maintained on a tract of land that would no longer be permissible under the provisions of this section, such home may be continued to be used, at that location, so long as it conforms to the other applicable requirements of this chapter.

   (A)   Purpose. The manufactured/mobile home park (MMHP) designation is intended to provide for and encourage, the organization and development of mobile homes and other pre-manufactured dwellings in a single-family residential neighborhood setting, and to:

      (1)   Bring about manufactured home developments which are an asset to the community and to prevent the development of those which would be a detriment to the community;

      (2)   To promote manufactured home developments with the character of residential neighborhood;

      (3)   To protect the health, safety and welfare of manufactured home residents and the surrounding community;

      (4)   To harmonize this type of residential development with other existing and proposed land uses;

      (5)   To assure adequate service by essential public facilities and services such as roads, police, water and sewers, drainage structures, and that the establishment of any manufactured home development shall not equal excessive public expense for the facilities and services.

   (B)   Location of manufactured/mobile home park. To adequately insure the purpose of the manufactured/mobile home park designation, applicants will be required to be in an R-3 Multi-family Residential District and to acquire a Special Exception as set forth in § 151.045.

(Ord. 25-2004, passed 7-5-04)

      (1)   Any fence or exterior barrier shall be constructed so that the sub-structural portion of the wall (a.k.a. post, columns and support rails etc.) will face inward (a.k.a. finished side facing outward).

      (2)   (a)   Barbed wire, razor wire, or sharpened fence top spikes shall not be allowed on any type fencing within any residentially zoned areas. No electric fencing shall be allowed within the corporate boundaries to the City of Peru with the exception of invisible type pet fencing. Electric fencing for livestock shall be allowed only within the two mile (3.22 km) fringe area to the City of Peru.

         (b)   Exceptions will be allowed for chain link fencing with a barbed wire/razor wire top collar to be erected and/or installed in residential areas for the purposes of enclosing properties for the protection of equipment and/or materials and the safety and well being of the general public. Example would be electric substation sites, domestic well water pump stations, water booster stations, water towers, cellular/communication towers, sanitary lift stations, natural gas regulator stations, etc.

         (c)   Prior discussion and approval shall be required from the agent of City of Peru Plan Commission prior to fence installation at said specified sites.

      (3)   All pre-manufactured decorative wall block shall be installed as specified by the manufacturer for the safety of the general public and adjoining properties.

      (4)   All fencing, regardless of materials, shall be installed to the most current manufacturer's standards and specification relating to that particular type of fencing.

      (5)   Fencing shall be securely attached to the required fence post/columns and sub-structure with no part of the fence or fence post/columns or its sub-structure leaning and/or encroaching upon adjoining properties, sidewalks, parking lots, alleys, streets, roadways, easements and/or public right-of- ways.

      (6)   Footers for concrete walls, decorative block, standard masonry block, etc. shall not be extending beyond the adjoining property line or public right-of-ways.

      (7)   All fence post/columns (a.k.a. treated wood, vinyl, steel and/or metal post, etc.) shall be installed at a minimum depth of no less than 36 inches (91.44 cm) below finished grade.

      (8)   Correct on center spacing of fence post/ columns and their placement shall be as follows:

         (a)   Wood post/columns shall be placed no greater than eight feet (2.44 meters) on center;

         (b)   Vinyl post/columns shall be placed six feet (1.83 meters) to eight feet (2.44 meters) on center (check manufacturer's specifications and/or recommendations relating to specific vinyl fence design);

         (c)   Chain link post/columns shall be placed no greater than ten feet (3.05 meters) on center.

      (9)   Commercial and/or industrial zoned areas shall be no greater in height than eight feet, with prior approval of the agent of City of Peru Plan Commission.

      (10)   Fences shall be no greater than eight feet in height along the side and rear of the front properties with Zoning Administrator approval, not greater than four feet in height along the front property line in all residential zoned areas. Fences shall be at least 18 inches (45.72 cm) from the alley, all gates will swing inward. It is recommended that fences are erected at least one inch (2.54 cm) inside the side property line and posts shall be placed inside toward the property of fence owner.

      (11)   Fences shall be set no closer than two feet from any public right-of- way where sidewalks do not exist.

      (12)   Fences shall be set no closer than four inches (10.2 cm) from the front property corners. Any exceptions shall be at the discretion of the City of Peru Plan Commission per recommendation the agent of said Commission. (See division (A)(5) for reference to sidewalk encroachment.)

      (13)   Fences shall not exceed a vertical height of four feet (1.22 meters) for the first eight feet (2.44 meters) of horizontal distance, being extending from the front property line setback point along adjoining property lines or property corners.

      (14)   (a)   No fence shall be used as a billboard for the purpose of permanent advertisements for any commercial and/or industrial use of any nature or used as a means of displaying other signs with the exception of a temporary "special occasion" sign installed by the property owner in residential zoned areas.

         (b)   Examples of a "special occasion" sign shall be defined as but not limited to temporary advertisement for a birthday, anniversary, graduation, wedding and/or receptions, etc.

      (15)   Snow fencing of any nature shall be considered a seasonal fence and shall not be allowed within the corporate boundaries of the City of Peru. However, snow fencing shall be allowed within the two mile fringe area, adjoining the corporate limits to the City of Peru.

      (16)   (a)   All solid fencing, being made of wood, aluminum, metal, steel, tin and/or vinyl materials shall be of uniform/standard lengths and widths with no splicing of sections. Any used materials shall be free of dents, holes, tears, etc.

         (b)   Any other type color schemes pertaining to a concrete, masonry block/brick walled fence shall be brought before the City of Peru Plan Commission for discussion and/or approval.

      (17)   Adjoining property lines and property corners shall be verified prior to installing any fence post, columns or fencing.

      (18)   Fences, hedges, and barrier walls cannot restrict an adjoining property owner from doing regular repairs and maintenance on his or her property.

      (19)   The City of Peru Plan Commission in all cases can have the final determination of where a fence shall be placed and/or erected per recommendation the agent of said Commission.

      (1)   Wood style fencing: standard woods such as redwood, cedar, pine, spruce, and/or oak should be considered for this type of fence. Other wood fencing such as cedar split rail, pre-stain/treated or painted wood/plastic lattice could be utilized.

      (2)   (a)   Concrete, masonry block, pre- manufactured decorative wall block or brick with a sub-surface footer.

         (b)   (Exception: Pre-manufactured landscaping yard block, specifically designed and used for the exterior lining of flower beds, garden areas and/or edging shall not be used for solid wall fencing.

      (3)   Vinyl fencing/plastic, solid in nature or decorative post/rail construction.

      (4)   Chain link.

      (5)   Decorative steel.

      (6)   Wrought iron fencing.

      (7)   Aluminum sheet metal/tin.

      (1)   When a generator is used to supply power to home for an extended period of time it must be properly installed to house electrical panel and must pass city inspection.

      (2)   Generator, when running, cannot exceed noise levels defined per city noise ordinance.

      (3)   Portable external generators may be used in case of emergency only if utility power is unavailable if properly installed.

      (4)   Portable external generators may not be used for more than 15 days.

      (1)   Wiring from power source to dwelling must be capable of safely handling maximum rated continuous current from generator to dwelling.

      (2)   Generator interface into breaker box must have appropriate size breaker or fuse to safely accommodate maximum continuous current.

      (3)   If temporary connection is made the connector coming from the breaker box must be the female side of the connector combination or a receptacle which has no exposed terminals.

      (4)   Temporary connector receptacle and wiring must be solidly mounted.

      (1)   Extension cord must have a current rating equal to generator output.

      (2)   Specific appliances such as refrigerator, freezer, furnace, and the like must be attached directly to the generator via extension cord.

      (3)   Temporary installation cannot “back feed” through house via inside or outside outlet from generator source of power.

(Ord. 15, 2015, passed 4-6-15)

   All areas containing outdoor lighting, including but not limited to floodlighting, security, or parking lot lighting shall comply with the requirements of this section.

      (1)   All lighting installations shall be designed and installed to be fully shielded (full cutoff), with the exceptions below. In residential areas, light source should be shielded such that the light itself is not directly visible outside the property perimeter.

      (2)   Light types exempt from full shielding.

         (a)   Swimming pools, splash pads, or water fountains.

         (b)   Exit signs and other illumination required by the building code.

         (c)   Lighting for stairs and ramps, as required by the building code.

         (d)   Signs regulated by the sign code (See ordinance).

         (e)   Holiday and temporary lighting (less than 45 days use in any one year).

         (f)   Football, baseball, softball field, tennis court, playground, ice skating rink lighting, but only with permit from the Plan Commission recognizing that steps location, height, or aim, or a combination of these or other factors.

         (g)   Low-voltage landscape or pathway lighting.

      (1)   Temporary holiday displays.

      (2)   As required by local, state, or federal regulations.

      (1)   Temporary use of low- wattage or low-voltage lighting for public festivals, celebrations, and the observance of holidays.

      (2)   Emergency lighting and traffic control lighting.

(Ord. 34, 2015, passed 12-7-15)