Princeton City Zoning Code

ARTICLE IV

APPLICATION OF DISTRICT REGULATIONS

Sec. 5.00.- General application of district regulations.

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

No building, structure, or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located;

No building or other structure shall be erected or altered:

To provide for greater height or bulk;

To accommodate or house a greater number of families;

To occupy a greater percentage of lot area;

To have narrower or smaller rear yards, front yards, side yards, or other open spaces;

than herein required, or in any other manner be contrary to the provisions of this ordinance;

No yard or lot existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements set forth herein. No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this ordinance, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

Sec. 5.10. - Official schedule of district regulations adopted.

District regulations shall be as set forth in the official schedule of district regulations hereby adopted and declared to be a part of this ordinance. (See Section 7.00)

Sec. 5.20. - Explanation of the origin of the official schedule of district regulations.

The official schedule of district regulations was prepared using a modified form of the Standard System for Identifying and Coding Land Use Activities (SIC Code).

Sec. 5.30. - General restrictions, application of all uses in all districts.

The restrictions set out in sections 5.31—5.38 apply to all uses in all districts.

Sec. 5.31. - Property access.

Any structure erected or moved for use as a dwelling unit or with a replacement cost in excess of $2,000.00 shall be easily accessible to fire and other emergency equipment, and shall be on a lot adjacent to or with access to a public street, or with access to an approved private street.

Sec. 5.32. - Traffic generation.

Each proposed use shall not create such a volume of automotive traffic so as to overburden the surrounding road system.

Sec. 5.33. - Temporary structures.

Temporary structures and buildings incidental to construction work are permitted but must be removed upon completion of the construction.

Sec. 5.34. - Accessory building.

No accessory building shall be erected in any required yard, and no separate accessory building shall be erected within five feet of any other building.

Sec. 5.35. - Additional structures per lot.

More than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this ordinance shall be met for each structure.

Sec. 5.36. - Minimum yard setback.

No structure except fences, mailboxes, and signposts shall be erected, placed, or moved to within ten feet of any lot line, except in R8 and R32 disricts, where the yard setback is five feet.

( Ord. No. 2018-03 , 2-5-18)

Sec. 5.37. - Signs.

All freestanding billboards or advertising sign boards shall be 15 feet or more from any public right-of-way line, to avoid confusion and reduce view obstruction.

Sec. 6.00. - Specific application of district regulations.

The restrictions set out in sections 6.10 to 6.27 apply to uses in the individual districts.

Sec. 6.10. - Restrictions—Residential districts.

These districts have been created to preserve and enhance a safe, pleasant living environment for the people of Princeton, Indiana. It is intended to provide a variety and mix of dwelling types. These districts and their restrictions follow in sections 6.11 to 6.15 inclusive.

General requirements: All residential districts.

Home occupations. Home occupations shall be governed by the following regulations:

A home occupation is any use conducted entirely within a dwelling and participated in solely by members of the family, when such use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof and in connection with which there is no commodity sold upon the premises except that which is produced thereon.

Permitted home occupations shall not include, but not [be] limited to, the following:

A clinic or hospital;

A barbershop or beauty parlor;

A stable or kennel;

A restaurant;

Any activity which produces noxious matter.

Permitted home occupations shall not include the employment of an additional person in addition to the occupant of the dwelling unit in performance of such services, and shall not include exterior display or exterior signs, except as such are permitted by the sign regulations for residential districts. There shall be no exterior storage of equipment or materials used in such home operations.

Signs intended to be seen outside lot lines:

Nonilluminated business signs are permitted.

No sign shall project beyond a lot line, obstruct in any way a driver's vision of the road or hinder his passage in any way. Further, no sign shall be placed so as to hinder or obstruct any pedestrian path.

No sign shall be larger than two square feet per side (exception—real estate signs).

Real estate signs:

(1)

Size eight square feet per side.

(2)

They are only temporary.

Parking.

Two off-street parking spaces shall be provided for all site-constructed housing units.

Mobile home parks shall provide two parking spaces per dwelling unit.

Visibility at intersections. On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of three and 12 feet above the established grade determined by a diagonal line connecting two points measured 15 feet equidistant from the street corner along each lot line.

Fences, walls and hedges. Notwithstanding other provisions of this ordinance, fences, walls and hedges may be permitted in any required yard or along the edge of any yard, provided that driveway entrances are not shielded by fences, walls, and hedges in such a way as to obstruct the view of a driver traveling a public road.

Parking, storage or use of major recreation equipment.

Major recreational equipment may be stored on any residential lot, provided that not more than three pieces of equipment are present.

No such equipment shall be used for living or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use.

Nothing herein shall prevent the use of major recreational equipment for use as temporary sleeping quarters.

Parking and storage of certain vehicles. Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored for more than seven days on any residentially zoned property other than in completely enclosed buildings with the exception of state-licensed antique vehicles.

Sec. 6.11. - Suburban residential.

General.

Floor area ratio: not to exceed two-tenths.

Lot area: not less than one acre (43,560 square feet).

Lot width: not less than 150 feet.

Restrictions for permitted uses.

Single-family detached dwelling units (SIC 110).

If built on a block or road where previous development has taken place:

(1)

Setbacks shall conform to within 25 feet either way of the average setback of the dwelling units located within 300 feet on each side of the said dwelling unit along the same side of the same street or road, but shall in no case be narrower than 40 feet from right-of-way if bordering a collector street or 60 feet from the right-of-way if bordering an arterial street or road.

(2)

Side yards shall in no case be less than 20 feet in the suburban residential district.

If built on a block or road where no previous residential development has taken place:

(1)

Setbacks shall be not less than 40 feet from right-of-way of collector streets and 60 feet from right-of-way of arterial streets.

(2)

Side yards shall in no case be less than 20 feet in the suburban residential district.

(3)

For all side yards, when the structure is in excess of two stories, for each story over the second, the side yard shall be increased by at least eight feet. (For the purposes of this ordinance, a story which is more than half below ground level from floor to ceiling shall not be considered a story.) Example: a three-story house would be required to have side yards of at least 28 feet.

Parks, playgrounds, and recreation areas (SIC 742, 743, 761, & 762). These uses are permitted in this district provided that plans for their development and use are in good taste and approved by the plan commission. Additional restrictions:

Lighted areas shall be approved prior to development and shall be placed in such a way that they do not infringe upon the rights of adjacent property owners. In no case shall any light standard be placed closer than 75 feet from any adjacent property line.

Areas for parking shall not be closer than 40 feet from lot line.

At the option of the plan commission at such date as the situation may arise, noise buffers may be required to shield adjacent residences from undue noise pollution. This may be in the form of a tall solid fence or heavy vegetation.

Restrictions for conditional uses.

Boardinghouses, retirement homes, and certain other group quarters (SIC 121, 123, 124, & 129). These uses are permitted providing the following restrictions are satisfied:

Setbacks shall be not less than 60 feet from right-of-way line.

Side yards shall be not less than 40 feet wide.

Parking lots shall be placed behind or alongside the principal buildings and shall be screened from the view of the surrounding dwelling units. Further, no parking area shall be located within 40 feet of lot lines.

Various public and quasi-public utilities (SIC 471, 472, 476, 481, 482, 483, & 484). By adhering to the following restrictions, these uses may be permitted in this district:

No structure shall be placed within 50 feet of any lot line.

All structures erected, placed, or moved specifically for the operation of the utility to which the lot is devoted shall be completely surrounded or enclosed by a building or fence. A fence shall be at least seven feet high and in compliance with national safety codes governing such construction.

No unsafe, uncomfortable, or offensive vibrations, noises, visual effects, odors, or air pollutants shall be allowed to radiate across lot lines.

Further, this conditional use should not be allowed in this district if there are other less restrictive districts which could furnish equivalent space with no additional economic expense to the utility. This should be closely scrutinized by the plan commission for each request.

Cemeteries (SIC 626). Providing that the following restrictions are adhered to, and upon receiving approval from the board of zoning appeals, this use may be permitted in this district:

The minimum size for new cemeteries shall be four acres.

No structure shall be placed within 50 feet of any lot line.

There shall be a maximum of one dwelling unit for purposes of residence upon the site.

The site shall be completely enclosed by a fence with a minimum height of six feet, and gates shall remain closed between sunset and sunrise.

Medical and other health services (SIC 651 & 653). Providing that the following restrictions are adhered to, and upon receiving approval from the board of zoning appeals, these uses may be permitted in this district:

Setbacks shall be not less than 60 feet from right-of-way line.

Side yards shall be not less than 40 feet wide.

Protective functions such as police and fire protection (SIC 672). With the health, safety, and well-being of the citizens foremost in their minds, the plan commission and involved protective services should cooperate to determine where best to locate these functions. Should they arrive at a site in this district, then the following restrictions must be satisfied:

The structure(s) should be designed and landscaped so as not to destroy the continuity of the district. Plans would require plan commission approval prior to construction.

No structure shall be placed within 100 feet of any structure on an adjacent lot.

Cultural entertainment and recreational activities (SIC 711, 712, 719, 744, 749, 751, & 752). Providing that the following restrictions are adhered to, and upon receiving approval from the board of zoning appeals, these uses may be permitted in this district:

No structure shall be placed within 50 feet of any lot line.

Areas for parking shall not be closer than 40 feet from lot line.

There shall be a maximum of one dwelling unit for purposes of residence upon the site.

The structure(s) should be designed and landscaped so as not to destroy the continuity of the district. Plans would require plan commission approval prior to construction.

Schools and churches (SIC 681 & 691). The location of schools should be done by independent study. When the location is chosen, it should be restricted in the following ways. Churches should have the same restrictions.

If built on a block or road where previous development has taken place:

(1)

Setbacks shall conform to within 30 feet either way of the average setback of the dwelling units located within 300 feet on the same street or road, but shall in no case be narrower than 30 feet from right-of-way if bordering a collector street or 50 feet from the right-of-way if bordering an arterial street or road.

(2)

Side yards shall in no case be less than ten feet in the suburban residential district.

(3)

For all side yards, when the structure is in excess of one story, for each story over the first, the side yard shall be increased by at least eight feet.

If built on a block or road where no previous residential development has taken place:

(1)

Setbacks shall be not less than 30 feet from right-of-way of collector streets and 50 feet from right-of-way of arterial streets.

(2)

Side yards shall in no case be less than ten feet in the suburban residential district.

(3)

For all side yards, when the structure is in excess of one story, for each story over the first, the side yards shall be increased by at least eight feet.

Sec. 6.12. - Low density residential.

General.

Floor area ratio: Not to exceed six-tenths.

Lot area: Not less than one-fourth acre if single dwelling unit is included or one-half acre if a duplex is involved. Maximum density four dwelling units per acre.

Lot width: Not less than 50 feet.

Restrictions for permitted uses.

Dwelling units (SIC 110).

If built on a block or road where previous development has taken place:

(1)

Setbacks shall conform to within 25 feet either way of the average setback of the dwelling units located within 200 feet on each side of the said dwelling unit along the same side of the same street or road, but shall in no case be narrower than 25 feet from right-of-way if bordering a collector street or 40 feet from the right-of-way if bordering an arterial street or road.

(2)

Side yards shall in no case be less than ten feet in the low density residential district.

(3)

For all side yards, when the structure is in excess of one story, for each story over the first, the side yard shall be increased by at least eight feet. (For the purposes of this ordinance, a story which is more than half below ground level from floor to ceiling shall not be considered a story.) Example: a two-story house would be required to have side and rear yards of at least 18 feet.

If built on a block or road where no previous residential development has taken place:

(1)

Setbacks shall be not less than 20 feet from right-of-way of collector streets and 40 feet from right-of-way of arterial streets.

(2)

Side yards shall in no case be less than ten feet in the low density residential district.

(3)

For all side yards, when the structure is in excess of one story, for each story over the first, the side yard shall be increased by at least eight feet.

Parks, playgrounds, and recreation areas (SIC 742, 743, 761, & 762). These uses are permitted in this district provided that plans for their development and use are approved by the Princeton plan commission. Additional restrictions include:

Areas for parking shall not be closer than 20 feet from lot line.

Restrictions for conditional uses.

Boardinghouses, fraternity or sorority houses, retirement homes, and certain other group quarters (SIC 121, 122, 123, & 190). These uses are permitted providing the following restrictions are satisfied:

Setbacks shall be not less than 30 feet from right-of-way line.

Side yards shall be not less than 30 feet wide.

Various public and quasi-public utilities (SIC 471, 472, 476, 481, 482, 483, & 484). By adhering to the following restrictions, these uses may be permitted in this district:

No structure shall be placed within 25 feet of any lot line.

No unsafe, uncomfortable, or offensive vibrations, noises, visual effects, odors, or air pollutants shall be allowed to radiate across lot lines.

Real estate offices and funeral homes (SIC 615 & 624). Providing that the following restrictions are adhered to and upon receiving approval from the board of zoning appeals, this use may be permitted in this district:

If built on a block or road where previous development has taken place:

(1)

(2)

Side yards shall in no case be less than ten feet in the low density residential district.

(3)

For all side yards, when the structure is in excess of one story, for each story over the first, the side yards shall be increased by at least eight feet.

If built on a block or road where no previous residential development has taken place:

(1)

Setbacks shall be not less than 20 feet from right-of-way of collector streets and 40 feet from right-of-way of arterial streets.

(2)

Side yards shall in no case be less than ten feet in the low density residential district.

(3)

For all side yards, when the structure is in excess of one story, for each story over the first, the side yard shall be increased by at least eight feet.

Parking is permitted provided it is screened from view and is located at the side or behind the main structure. Further, no parking lot shall be located closer than 20 feet from the nearest lot line.

Cemeteries (SIC 626). Providing that the following restrictions are adhered to and upon receiving approval from the board of zoning appeals, this use may be permitted in this district:

The minimum size for new cemeteries shall be four acres.

No structure shall be placed within 50 feet of any lot line.

There shall be a maximum of one dwelling unit for purposes of residence upon the site.

The site shall be completely enclosed by a fence with a minimum height of six feet, and gates shall remain closed between sunset and sunrise.

Medical and other health services (SIC 651 & 653). Providing that the following restrictions are adhered to and upon receiving approval from the board of zoning appeals, these uses may be permitted in this district:

Setbacks shall not be less than 30 feet from right-of-way line.

Side yards shall be not less than 20 feet wide.

Protective functions and postal service (SIC 672 & 673). With the health, safety, and well-being of the citizens foremost in their minds, the board of zoning appeals, plan commission, and involved protective services should cooperate to determine where best to locate these functions. Should they decide upon a site in this district, then the following restrictions must be satisfied:

The structure(s) should be designed and landscaped so as not to destroy the continuity of the district. Plans would require plan commission approval prior to construction.

No structure shall be placed within 50 feet of any structure on an adjacent lot.

If built on a block or road where previous development has taken place:

(1)

Setbacks shall conform to within 30 feet either way of the average setback of the dwelling units located within 300 feet on each side of the said dwelling unit along the same side of the same street or road, but shall in no case be narrower than 30 feet from right-of-way if bordering a collector street or 50 feet from the right-of-way if bordering an arterial street or road.

(2)

Side yards shall in no case be less than ten feet in the low density residential district.

(3)

For all side yards, when the structure is in excess of one story, for each story over the first, the side yard shall be increased by at least eight feet.

If built on a block or road where no previous residential development has taken place:

(1)

Setbacks shall be not less than 30 feet from right-of-way of collector streets and 50 feet from right-of-way of arterial streets.

(2)

Side yards shall in no case be less than ten feet in the low density residential district.

(3)

For all side yards, when the structure is in excess of one story, for each story over the first, the side yard shall be increased by at least eight feet.

Cultural, entertainment, and recreational activities (SIC 711, 722, 744, & 790). Providing that the following restrictions are adhered to and upon receiving approval from the board of zoning appeals, these uses may be permitted in this district:

No structure shall be placed within 50 feet of any lot line.

Areas for parking shall not be closer than 40 feet from lot line.

There shall be a maximum of one dwelling unit for purposes of residence upon the site.

The structure(s) should be designed and landscaped so as not to destroy the continuity of the district. Plans would require plan commission approval prior to construction.

Sec. 6.13. - Medium density residential.

General.

Floor area ratio: not to exceed one (1.00).

Lot area: for individual units, not less than 5,400 square feet; if, however, there is a desire to build duplexes, triplexes, or other multiple-family units, there may not be a greater density than eight units per acre.

Lot width: not less than 40 feet.

Restrictions.

Single and multifamily dwelling units (SIC 110).

Setbacks shall be not less than 20 feet if bordering a collector or lesser street or 40 feet if bordering an arterial or larger street.

Side yards shall in no case be less than five feet in the medium density residential district. In addition, for every story in excess of the first, the side yard shall be increased by five feet. This means that a two-story structure would have a required side yard of ten feet.

Residence halls, retirement homes, and apartments (SIC 122, 123, & 130).

Setbacks shall be not less than 30 feet if bordering a collector or lesser street or 50 feet if bordering an arterial or larger street.

Side yards shall in no case be less than ten feet in the medium density residential district. In addition, for every story in excess of the first, the side yard shall be increased by five feet.

Necessary lighting should not adversely affect any adjacent property. Such devices should be approved prior to installation.

Areas for parking shall not be closer than 20 feet from lot line.

At the option of the plan commission at such a date as the situation may arise, noise buffers may be required to shield adjacent residences from undue noise pollution. This may be in the form of a tall solid fence or heavy vegetation.

Restrictions for conditional uses.

Various public and quasi-public utilities (SIC 471, 472, 476, 482, 483, & 484). By adhering to the following restrictions, these uses may be permitted in this district:

No structure shall be placed within 25 feet of any lot line.

No unsafe, uncomfortable, or offensive vibrations, noises, visual effects, odors, or air pollutants shall be allowed to radiate across lot lines.

Real estate office, dry cleaning, and funeral homes (SIC 614 & 624). Providing that the following restrictions are adhered to, and upon receiving approval from the board of zoning appeals, this use may be permitted in this district:

If built on a block or road where previous residential development has taken place:

(1)

(2)

Side yards shall in no case be less than ten feet in the medium density residential district.

(3)

For all side yards, when the structure is in excess of one story, for each story over the first, the side yard shall be increased by at least eight feet.

If built on a block or road where no previous residential development has taken place:

(1)

Setbacks shall be not less than 20 feet from right-of-way of collector streets and 40 feet from right-of-way of arterial streets.

(2)

Side yards shall in no case be less than ten feet in the medium density residential district.

(3)

For all side yards, when the structure is in excess of one story, for each story over the first, the side yard shall be increased by at least eight feet.

Setbacks shall not be less than 30 feet from right-of-way line.

Side yards shall be not less than 20 feet wide.

Protective functions and postal service (SIC 672 & 673). With the health, safety, and well-being of the citizens foremost in their minds, the board of zoning appeals, plan commission, and involved protective services should cooperate to determine where best to locate these functions. Should they arrive at a site in this district, then the following restrictions must be satisfied:

The structure(s) should be designed and landscaped so as not to destroy the continuity of the district. Plans would require plan commission approval prior to construction.

No structure shall be placed within 50 feet of any structure on an adjacent lot.

Should conform to other regulations pertaining to this district.

If built on a block or road where previous development has taken place:

(1)

(2)

Side yards shall in no case be less than ten feet in the medium density residential district.

(3)

For all side yards, when the structure is in excess of one story, for each story over the first, the side yard shall be increased by at least eight feet.

If built on a block or road where no previous residential development has taken place:

(1)

Setbacks shall be not less than 30 feet from right-of-way of collector streets and 50 feet from right-of-way of arterial streets.

(2)

Side yards shall in no case be less than ten feet in the medium density residential district.

(3)

For all side yards, when the structure is in excess of one story, for each story over the first, the side yards shall be increased by at least eight feet.

Cultural, entertainment, and recreational activities (SIC 711, 722, 744, & 790). Provided that the following restrictions are adhered to, and upon receiving approval from the board of zoning appeals, these uses may be permitted in this district:

No structure shall be placed within 30 feet of any lot line.

Areas for parking shall not be closer than 20 feet from lot line.

There shall be a maximum of one dwelling unit for purposes of residence upon the site.

The structure(s) should be designed and landscaped so as not to destroy the continuity of the district. Plans would require the plan commission's approval prior to construction.

( Ord. No. 2018-03 , 2-5-18)

Sec. 6.14. - High density residential.

General.

Floor area ratio: no restriction.

Lot area: no restriction.

Lot width: no restriction.

Restrictions for permitted uses.

Residence halls, retirement homes, and apartments (SIC 122, 123, 130).

Setbacks shall be not less than 30 feet if bordering a collector or lesser street or 50 feet if bordering an arterial or larger street.

Side yards shall in no case be less than ten feet in the high density residential districts. In addition, for every story in excess of the first, the side yard shall be increased by five feet. This means that a two-story structure would have a required side yard of 15 feet.

Necessary lighting should not adversely affect any adjacent property. Such devices should be approved by the plan commission prior to installation.

Laundering, beauty [shops] and barbershops (SIC 621 & 623). Providing that the following restrictions are adhered to, and upon receiving approval from the board of zoning appeals, this use may be permitted in this district:

If built on a block or road where previous development has taken place:

(1)

Setbacks shall conform to within 25 feet either way of the average setback of the dwelling units located within 200 feet on each side of the said dwelling unit along the same side of the same street or road, but shall in no case be narrower than 25 feet from right-of-way if bordering on collector street or 40 feet from right-of-way if bordering an arterial street or road.

(2)

Side yards shall in no case be less than ten feet in the high density residential districts.

(3)

For all side yards, when the structure is in excess of one story, or each story over the first, the side yard shall be increased by at least eight feet.

If built on a block or road where no previous residential development has taken place:

(1)

Setbacks shall be not less than 20 feet from right-of-way of collector streets and 40 feet from right-of-way of arterial streets.

(2)

Side yards shall in no case be less than ten feet in the high density residential districts.

(3)

For all side yards, when the structure is in excess of one story, for each story over the first, the side yard shall be increased by at least eight feet.

Parking is permitted provided it is screened from view and is located at the side or behind the main structure. Further, no parking lot shall be located closer than ten feet from the nearest lot line.

Lighted areas shall be approved to development and shall be placed in such a way that they do not infringe upon the rights of adjacent property owners. In no case shall any light standard be placed closer than 50 feet from any adjacent property line.

Areas for parking shall not be closer than 40 feet from lot line.

Restrictions for conditional uses.

Various public and quasi-public utilities and transportation related utilities (SIC 411, 413, 471, 472, 476, 481, 482, 483, & 484). By adhering to the following restrictions, these uses may be permitted in this district:

No structure shall be placed within 25 feet of any lot line.

No unsafe, uncomfortable, or offensive vibrations, noises, visual effects, odors, or air pollutants shall be allowed to radiate across lot lines.

General food trade, banking, real estate (SIC 541, 542, 543, 544, 545, 546, 611, 615, & 625). These uses are permitted in this district provided the board of zoning appeals gives its approval prior to any action.

If built on a block or road where previous development has taken place:

(1)

Setbacks shall conform to within 25 feet either way of the average setback of the dwelling units located within 200 feet on each side of the said dwelling unit along the same side of the same street or road, but shall in no case be narrower than 25 feet from right-of-way if bordering a collector street or 40 feet from right-of-way if bordering an arterial street or road.

(2)

Side yards shall in no case be less than ten feet in the high density residential districts.

(3)

For all side yards, when the structure is in excess of one story, for each story over the first, the side yard shall be increased by at least eight feet.

If built on a block or road where no previous residential development has taken place:

(1)

Setbacks shall be not less than 20 feet from right-of-way of collector streets and 40 feet from right-of-way of arterial streets.

(2)

Side yards shall in no case be less than ten feet in the high density residential districts.

(3)

For all side yards, when the structure is in excess of one story, for each story over the first, the side yard shall be increased by at least eight feet.

Automobile repair and service (SIC 641). This use is permitted in the district provided that the board of zoning appeals and plan commission views and accepts all plans and specifications regarding the use. Further, to avoid any unnecessary eyesores, the structure and use of surrounding land should be designed and landscaped so as not to destroy the continuity of the district. At the option of the plan commission at such date as the situation may arise, noise buffers may be required to shield adjacent residences from undue noise pollution. This may be in the form of a tall solid fence or heavy vegetation.

If built on a block or road where previous development has taken place:

(1)

Setbacks shall conform to within 25 feet either way of the average setback of the dwelling units located within 200 feet of each side of the said dwelling unit along the same side of the same street or road, but shall in no case be narrower than 25 feet from right-of-way if bordering a collector street or 40 feet from right-of-way if bordering an arterial street or road.

(2)

Side yards shall in no case be less than ten feet in the high density residential districts.

(3)

For all side yards, when the structure is in excess of one story, for each story over the first, the side yard shall be increased by at least eight feet.

Setbacks shall not be less than 30 feet from right-of-way line.

Side yards shall be not less than 20 feet wide.

Protective and postal service (SIC 672 & 673). With the health, safety, and well-being of the citizens foremost in their minds, the board of zoning appeals, plan commission, and involved protective services should cooperate to determine where best to locate these functions. Should they arrive at a site in this district, then the following restrictions must be followed:

The structure(s) should be designed and landscaped so as not to destroy the continuity of the district. Plans would require plan commission approval prior to construction.

No structure shall be placed within 50 feet of any structure on an adjacent lot.

Should conform to other regulations pertaining to this district.

Schools and churches (SIC 681, 682, & 691). The location of schools should be done by independent study. When the location is chosen, it should be restricted in the following ways. Churches should have the same restrictions.

If built on a block or road where previous development has taken place:

(1)

(2)

Side yards shall in no case be less than ten feet in the high density residential districts.

(3)

For all side yards, when the structure is in excess of one story, for each story over the first, the side yard shall be increased by at least eight feet.

If built on a block or road where no previous residential development has taken place:

(1)

Setbacks shall be not less than 30 feet from right-of-way of collector streets and 50 feet from right-of-way of arterial streets.

(2)

Side yards shall in no case be less than ten feet in the high density residential districts.

(3)

For all side yards, when the structure is in excess of one story, for each story over the first, the side yard shall be increased by at least eight feet.

Cultural, entertainment, and recreational activities (SIC 711, 721, 722, 723, 729, 744, & 790). Provided that the following restrictions are adhered to, and upon receiving approval from the board of zoning appeals, these uses may be permitted in this district:

No structure shall be placed within 30 feet of any lot line.

Areas for parking shall not be closer than 20 feet from lot line.

There shall be a maximum of one dwelling unit for purposes of residence upon the site.

The structure(s) should be designed and landscaped so as not to destroy the continuity of the district. Plans would require plan commission approval prior to construction.

Sec. 6.15. - Residential mobile home park.

General.

Mobile home park area: not less than one acre.

Floor area ratio: not to exceed four-tenths.

Lot area: not less than 3,000 square feet.

Lot width: determined by setbacks.

Restrictions for permitted uses.

Mobile home parks (SIC 140).

Each mobile home park shall have a maximum density of eight mobile homes per acre, calculated from the gross acreage included within the boundaries of the proposed mobile home park.

No mobile home may be located closer than 20 feet to any boundary line of the mobile home park.

No mobile home shall be located closer than 20 feet to any permanent structure within the mobile home park.

No mobile home shall be placed closer than ten feet from any lot or site line.

No mobile home shall be located closer than 15 feet to the right-of-way of any mobile home park street.

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

"Mobile home park" means an area of land upon which five or more mobile homes are harbored for the purpose of being occupied as principal residences and includes all real and personal property used in the operation of the mobile home park. An area of land that is subdivided and contains individual lots which are leased or otherwise contracted for is a mobile home park if five or more mobile homes are harbored there for the purpose of being occupied as principal residences.

There shall be no additional mobile homes or mobile home sites within the zoning jurisdiction of the city unless said mobile home and mobile home site is approved by the commission and board, as a conditional use. "Zoning jurisdiction" shall mean all lands within two miles of the corporate limits of the city, as said limits now or hereafter exist.

There shall be no additional mobile home parks located within the corporate limits of the city or within the zoning jurisdiction of the city unless said mobile home park is approved by the commission and board pursuant to this ordinance and requirements of the Indiana Mobile Home Parks Act, as amended, and the Indiana State Board of Health Regulations, as amended.

Restrictions for conditional uses.

Parks, playgrounds, and recreation areas (SIC 742, 743, 761, 762, 744, & 790). Provided that the following restrictions are adhered to, and upon receiving approval from the board of zoning appeals, these uses may be permitted in this district:

No structure shall be placed within 30 feet of any lot line.

Lighted areas shall be approved prior to development and shall be placed in such a way that they do not infringe upon the rights of adjacent property owners.

Areas for parking shall not be closer than 20 feet from lot line.

There shall be a maximum of one dwelling unit for purposes of residence upon the site.

The structure(s) should be designed and landscaped so as not to destroy the continuity of the district. Plans would require plan commission approval prior to construction.

No unsafe, uncomfortable, or offensive vibrations, noises, visual effects, odors, or air pollutants shall be allowed to radiate across lot lines.

Various public, quasi-public utility buildings or facilities excluding transmission lines (SIC 471, 472, 476, 481, 482, 483, & 484). By adhering to the following restrictions, these uses may be permitted in this district:

No structure shall be placed within 25 feet of any lot line.

No unsafe, uncomfortable, or offensive vibrations, noises, visual effects, odors, or air pollutants shall be allowed to radiate across lot lines.

Parking lots shall be placed behind or alongside the principal buildings and shall be screened from the view of the surrounding mobile homes. Further, no parking area shall be located within 20 feet of lot lines.

Real estate and laundering service (SIC 615 & 621). Providing that the following restrictions are adhered to, and upon receiving approval from the board of zoning appeals, this use may be permitted in this district:

If built on a block or road where previous residential development has taken place:

(1)

Setbacks shall conform to within 25 feet either way of the average setback of the dwelling units located within 200 feet on each side of the said dwelling unit along the same side of the same street or road, but shall in no case be narrower than 25 feet from right-of-way if bordering a collector street or 40 feet from right-of-way if bordering an arterial street or road.

(2)

Side yards shall in no case be less than ten feet in the mobile home park district.

(3)

For all side yards, when the structure is in excess of one story, for each story over the first, the side yard shall be increased by at least eight feet.

If built in a block or road where no previous residential development has taken place:

(1)

Setbacks shall be not less than 20 feet from right-of-way of collector streets and 40 feet from right-of-way of arterial streets.

(2)

Side yards shall be in no case less than ten feet in the mobile home park district.

(3)

For all side yards, when the structure is in excess of one story, for each story over the first, the side yard shall be increased by at least eight feet.

Parking is permitted provided it is screened from view and is located at the side or behind the main structure. Further, no parking lot shall be located closer than 20 feet from the nearest lot line.

Protective functions, police and fire (SIC 672). With the health, safety, and well-being of the citizens foremost in their minds, the board of zoning appeals, plan commission, and involved protective services should cooperate to determine where best to locate these functions. Should they arrive at a site in this district, then the following restrictions must be satisfied:

The structure(s) should be designed and landscaped so as not to destroy the continuity of the district. plans would require plan commission approval prior to construction.

No structure shall be placed within 50 feet of any structure on an adjacent lot.

Should conform to other regulations pertaining to this district.

(Ord. No. 1986-37, § 1, 12-15-86)

Sec. 6.16. - Restrictions—Business districts.

These districts have been created to provide areas for certain commercial and other service functions generally found in city and town centers. It is intended to provide these services where they are needed most and to preserve, enhance, and encourage the usefulness and vitality of these areas.

(A)

General requirements—All business districts.

All business, service, storage, merchandise, display, and where permitted, repair and processing, shall be conducted wholly within an enclosed building, except as otherwise permitted herein for specified uses such as off-street automobile parking, off-street loading, and open sales lots or outside storage in districts where they are permitted.

Goods sold shall consist primarily of new merchandise, and any goods produced on the premises shall be sold at retail on the premises unless otherwise permitted herein for specified uses.

Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, noise, vibrations, refuse matter, or water-carried waste.

In any commercial district where a commercial building is located on a lot which abuts property zoned for residential use, an opaque landscape screen or an opaque fence having a height of six feet shall be provided along any side and/or rear lot line contiguous to the property zoned for residential use.

No sign shall project beyond a lot line to obstruct in any way a driver's vision of the road, or hinder his passage in any way. Further, no sign shall be placed so as to hinder or obstruct any pedestrian path. Additionally, all signs should always be properly maintained. The bottom of a sign over a pedestrian pathway must be ten feet above the path and 15 feet above the street. Further, no lighted sign shall be placed or erected except as such are permitted as a conditional use. Further, no sign larger than 32 square feet shall be placed or erected except as such are permitted as a conditional use. Additionally, all signs shall be consistent with the areas where they are to be placed or erected.

Visibility at intersections. On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of three to 12 feet above the center line grades of the intersecting streets in the area bounded by the street lines of such corner lots and the line joining points along said street lines 15 feet from the point of the intersection.

Fences, walls, and hedges. Notwithstanding other provisions of this ordinance, fences, walls, and hedges may be permitted in any required yard or along the edge of any yard, provided that driveway entrances are not shielded by fences, walls, and hedges in such a way as to obstruct the view of a driver traveling a public road.

Off-street loading. On the same premises with every building or structure hereafter erected and occupied for uses involving the receipt or distribution by vehicle of material or merchandise, there shall be provided and maintained on the lot, adequate space for standing, loading, and unloading in order to avoid undue interference with public use of the street or alley. Such space, unless otherwise adequately provided for, shall include a ten-foot by 25-foot loading space with a 14-foot height distance.

(Ord. No. 1991-3, § 1, 2-19-91; Ord. No. 1999-8, § 1, 5-24-99)

Sec. 6.17. - Professional, research, office district.

General.

Floor area ratio: not to exceed one (1.0).

Lot area: not less than 10,000 square feet (this pertains to a single lot with one structure but which may have several businesses within).

Lot width: not less than 50 feet.

Parking requirements.

For auditoriums, stadiums, theater, or other places of public assembly, at least one parking stall per each eight seats.

For hotels, at least one parking stall for each three guest sleeping rooms.

For public utilities, at least two parking stalls for each three full-time employees.

For office uses at least eight-tenths parking stalls for each employee in the office.

For retail and wholesale stores, at least one parking stall for each 120 square feet of floor area devoted to sales.

For eating and drinking places, at least one parking stall for each five seats.

For medical and other health services, at least five parking stalls for each patient examination room.

All parking stalls provided pursuant to this section shall be on the same lot with the building, except that the board of zoning appeals may permit the parking spaces to be on any lot within 500 feet of the building, if it is determined that it is impractical to provide parking on the same lot with the building.

Setback requirements.

Front yard: not less than 15 feet.

Side yards: not less than ten feet.

Rear yard: not less than ten feet.

Height. Not to exceed four stories.

Restrictions for permitted uses.

All permitted uses are according to the general restrictions.

Restrictions for conditional uses.

Communications and utilities (SIC 471, 472, 476, 481, 482, 483, & 484). By adhering to the following restrictions, these uses may be permitted in this district:

No structure shall be placed within 30 feet of any lot line.

Hotel, motel, eating places, and stationery stores (SIC 581, 582, & 594). There should be some study done prior to any approval as to the amount of uses that would be governed by business in the district alone. If 50 percent or more of their business could be generated by the area, then these conditional uses should be allowed.

Beauty/barber services and clothing and shoe repair (SIC 623, 625). There should be some study done prior to any approval as to the amount of uses that would be governed by business in the district alone. If 70 percent or more of their business could be generated by the area, then these conditional uses should be allowed.

Government or protective services, educational uses (SIC 671, 672, 673, 682, & 683). These functions should all be studied carefully to determine that their location is best suited to meet the needs of the people. The plan commission should study each case individually and offer opinions regarding same.

Sec. 6.18. - Local business district.

General.

Floor area ratio: not to exceed eight-tenths.

Lot area: not to exceed one-fourth acre if adjacent to R-4, R-8, R-32, or RMH district. In any other district the limit would be one-half acre. If the use lies on a boundary between two districts, the allowed sizes of both would be added and divided by two.

Lot width: This would coincide with the allowable width in the predominate district which the LB district is adjacent to.

Signs intended to be seen outside lot lines:

Signs may be illuminated but not flashing nor bright enough to affect adjacent dwelling units.

No sign shall be larger than 12 square feet.

Parking requirements:

For retail stores, at least one, but not more than 1.5, parking stall for each 200 square feet of sale area.

For eating places, at least one parking stall for each seven seats, but not more than 1.5 per seven seats.

Laundry, barber, and beauty shops, at least one space per two chairs or four washing machines.

For public assembly, at least one parking stall per each eight seats.

Setbacks shall be the same as those for the residential district within which the local business district lies. If there are two districts involved, it shall conform to the greater setback of the two.

Height: Building shall not exceed 30 feet, measured at the curbline.

Restrictions for permitted uses.

All permitted uses are restricted according to the general restrictions.

Restrictions for conditional uses.

Communications and utilities (SIC 471, 472, 476, 481, 482, 483, & 484). The local business districts should be reserved for local business, but when it becomes necessary, the above uses, properly justified and restricted, are permitted. The restrictions will be the same as those presented in each residential district (sections 6.11—6.15) for public and quasi-public utilities. If there is a borderline case, then the most restrictive of the two shall govern. For instance, if the LB district lies between an R-4 and an R-8 district, then the most restrictive should be used.

Gasoline service stations (SIC 453 & 641). This use would be restricted to small dealerships. Their service area should be the immediate community rather than the through traffic.

Visual screening: The lot lines immediately bordering residential lots shall be screened completely with a fence, wall, or vegetation of at least seven feet in height.

Hours: The hours that the station may remain open shall be restricted to between 6:00 a.m. and 9:00 p.m.

Family clothing (SIC 565). At the approval of the plan commission, this type of facility may be permitted. It shall follow restrictions set out in the section entitled "General."

Eating places and local business (SIC 582, 592, 593, & 594). These uses require prior approval by the plan commission. To gain this approval, they must show a need for their presence. In addition, if the use is approved they must adhere to the following restrictions:

Visual screening: The lot lines immediately bordering residential lots shall be screened completely with a fence, wall, or vegetation of at least seven feet in height.

Follow general restrictions for this district.

Banking, real estate, and general repair (SIC 611, 615, & 625). These uses are permitted provided they are approved by the plan commission. In addition, they must conform to the following restrictions:

Follow all general restrictions.

Visual screening: The lot lines immediately bordering residential lots shall be screened completely with a fence, wall, or vegetation at least seven feet in height.

Show a need and demand for the particular service.

Protective functions and postal service (SIC 672 & 673). These uses are permitted in most districts by special exception; therefore, they should not need to be located in the LB district which is very small. However, if it is absolutely necessary and the plan commission gives its approval, then it may be permitted, subject to the restrictions for that particular use in that particular residential district.

Sec. 6.19. - General business district.

General.

Floor area ratio: not to exceed 1.2.

Lot area: no restrictions.

Lot width: this would be based on other restrictions such as setbacks, floor area ratios, and other requirements.

Parking requirements:

For retail or wholesale stores, at least one parking stall for each 120 square feet of floor area devoted to sales.

For office uses, at least eight-tenths parking stall for each employee in the office or building.

For places of public assembly, at least one parking stall per each eight seats.

For hotels, at least one parking stall for each three guest sleeping rooms.

For public utilities or communication facilities, at least two parking stalls for each three full-time employees.

For eating and drinking places, at least one parking stall for each five seats.

For medical and other health services, at least five parking stalls for each patient examining room.

Any other use should generally provide enough parking to more than handle the ordinary load, but not necessarily the maximum.

Setbacks shall be determined by the plan commission. Each site should be individually checked to determine what the most appropriate setback should be. Landscaping, ease of access, light and air and costs should all be taken into account. Adjacent uses should also be considered so as to not locate a noisy use next to a quiet one or some similar misfortune.

Restrictions for permitted uses.

Parks and playgrounds (SIC 742 & 743). These uses should be located in residential districts. But, if the plan commission decides, they may be placed in this district. However, they should also cater to the needs of the workers and users of this district.

Restrictions for conditional uses. Restrictions for conditional uses will coincide with the general restrictions.

Sec. 6.20. - Highway business district.

General.

Floor area ratio: no restrictions.

Lot area: no restrictions.

Lot width: no restrictions.

Parking requirements:

For auditoriums, stadiums, theaters, or other places of public assembly, at least one parking stall per eight seats.

For hotels, at least one parking stall for each three guest sleeping rooms.

For public utilities, at least two parking stall for each three full-time employees.

For office uses, at least eight-tenths parking stalls for each employee in the office.

For retail and wholesale stores, at least one parking stall for each 120 square feet of floor area devoted to sales.

For eating and drinking places, at least one parking stall for each five seats.

For medical and other health services, at least five parking stalls for each patient examining room.

Setbacks shall be determined by the zoning administrator or plan commission. Each site should be individually checked to determine where best the building location should be. Landscaping, ease of access, light and air and costs should all be taken into account.

Restrictions for permitted uses. The same restrictions apply here as did for the general business district. The main difference is that there are less permitted uses due to the restrictive definition of the district. The uses allowed are those to serve the motoring public whether they travel by auto, bus, train, or airplane. The general restrictions should suffice.

Restrictions for conditional use. These will all be deemed appropriate or not by the plan commission and shall follow any special restrictions the plan commission sets in addition to the general restrictions. Nevertheless, the conditional uses should be such that their operation is tied directly to the transportation mode for which the HB district was established. A trucking company would be an example.

Sec. 6.21. - Central business district.

General.

Floor area ratio: set by plan commission.

Lot area: no restrictions.

Lot width: set by plan commission.

Parking requirements:

For auditoriums, stadiums, theaters, or other places of public assembly, at least one parking stall for each eight seats.

For hotels, at least one parking stall for each three guest sleeping rooms.

For public utilities, at least two parking stalls for each three full-time employees.

For office uses, at least eight-tenths parking stall for each employee in the office.

For retail and wholesale stores, at least one parking stall for each 120 square feet of floor area devoted to sales.

For eating and drinking places, at least one parking stall for each five seats.

For medical and other health services, at least five parking stalls for each patient examining room.

Setbacks shall come within ten feet either way of the average setback of any buildings within 400 feet on each side of the lot, but shall in no case be less than 15 feet.

Restrictions for permitted uses. Since this is a downtown district, all business uses are permitted subject to the general restrictions. The reason they are grouped in this district is for their convenience. The governmental offices are usually in this district as are financial institutions, retail headquarters, and various other businesses.

Restrictions for conditional uses. These uses include borderline cases of businesses which may in fact manufacture a product. These uses are allowed subject to close inspection of site, use and development by the plan commission.

Sec. 6.22. - Restrictions—Manufacturing districts.

These districts have been created in order to provide areas where manufacturing uses efficiently locate with a minimum of adverse effects to other uses in the vicinity. Certain harmful or nuisance pollutants are limited accordingly.

General requirements—All industrial districts.

No lot, parcel, or tract of land shall be used, and no building or structure shall be erected, altered, or remodeled for any of the following uses: abattoirs; manufacture of acid; arsenals, crematories; manufacture or storage of fireworks or explosives; dumping or reduction of garbage, dead animals, offal, or refuse; processing or refining of petroleum; ore reduction; manufacture of nitrocellulose; manufacture of synthetic polymers; manufacture or treatment of gutta percha; salt works; manufacture of sauerkraut; manufacture of soap; smelters; stock yards or slaughter of animals or fowl; manufacture or treatment of tallow, grease, or lard; tanning, curing, or storage of rawhides or skins; distillation of tar; or batch asphaltic concrete and portland cement concrete mixing plants.

No activities involving the storage, utilization, or manufacture of materials or products which decompose by detonation shall be permitted, except such as are specifically licensed by the City of Princeton. Such materials shall include, but shall not be confined to all primary explosives such as lead azide, lead styphnate, fulminates, and tetrocene; all high explosives such as TNT, RDX, HMX, PETN, and picric acid; propellants and components thereof such as cellulose nitrate of a nitrogen content of 12.5 percent or greater, 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 nitroglycerine; unstable organic compounds such as acetylides, tetrazoles, perchloric acids; perchlorates, chlorates, hydrogen peroxide in concentrations greater than 35 percent; and nuclear fuels, fissionable materials, and products and reactor elements such as Uranium 235 and Plutonium 239.

Within 300 feet of a residence district boundary line, all activities and operations shall be within completely enclosed buildings or may be out-of-doors if completely screened by a solid wall or uniformly painted solid fence at least eight feet in height, and open storage shall not be greater height than that of the enclosing fence, except that off-street parking for vehicles in operable condition and off-street loading and unloading spaces may be located in accordance with general parking guidelines.

No building, structure, or land within 100 feet of any lot line of a lot located in a residence district shall be used in connection with the operations of any establishment. Off-street parking and off-street loading spaces may be located within this setback area in accordance with regulation 9 of this section.

Any use establishment in a manufacturing district hereinafter shall be operated in such manner as to comply with applicable performance standards as hereinafter set forth governing noise, smoke, particulate matter, toxic or noxious matter, odors, fire and explosive hazards, or vibration, or glare or heat; and no use already established on the effective date of this ordinance shall be so altered or modified as to conflict with such applicable performance standards. Certification from a testing laboratory, approved by the plan commission, indicating compliance with the applicable performance standards shall accompany application for a building permit.

Signs intended to be seen outside the lot lines.

Signs should always be properly maintained.

No manufacturing use structure except fences and signposts shall come within 35 feet of any residential district boundary line.

Parking requirements: at least one off-street parking stall shall be provided for each two workers.

Visibility at intersections: On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of three and 12 feet above the established grade determined by a diagonal line connecting two points measured 15 feet equidistant from the street corner along each lot line.

10.

Fences, walls, and hedges: Notwithstanding other provisions of this ordinance, fences, walls, and hedges may be permitted in any required yard or along the edge of any yard, providing that driveway entrances are not shielded by fences, walls, and hedges in such a way as to obstruct the view of a driver entering a public road from the driveway.

11.

Off-street loading: On the same premises with every building or structure hereafter erected and occupied for uses involving the receipt or distribution by vehicle of material or merchandise, there shall be provided and maintained on the lot, adequate space for standing, loading, and unloading in order to avoid undue interference with public use of the street or alley. Such space, unless otherwise adequately provided for, shall include a ten-foot by 25-foot loading space with a fourteen-foot height distance for every 20,000 square feet or fraction thereof in excess of 3,000 square feet of floor area or land areas used for the aforementioned purposes.

12.

Wherever a business comes within 500 feet of any residential district, appropriate screening, such as vegetation, a wall, a uniformly painted fence, or topography, shall be used to visually screen loading docks and parking lots from the surrounding dwelling units.

Sec. 6.23. - Light manufacturing district (M-1).

General.

Floor area ratio: not to exceed one (1.0).

Lot area: not less than 10,000 square feet.

Restrictions for permitted uses.

Manufacturing and wholesale business establishments will be permitted in this district if upon review by the plan commission they are evaluated as clean, quiet, and free of hazardous or objectionable elements.

Manufacturing and wholesale business establishments will be permitted in this district if they operate entirely within enclosed structures and generate little industrial traffic.

Restrictions for conditional uses. All uses shown in the schedule of district regulations as conditional uses under this district are permitted providing they are approved by the appropriate plan commission and conform to all general restrictions, performance standards, and any additional restrictions the plan commission may see fit to set.

Performance standards. Performance standards, as measured at the boundary lines of this manufacturing district, are maximums. Firms which exceed these standards are considered to be in violation of this ordinance.

Performance standards—Noise: Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association. Measurements shall be made using the flat network of the sound level meter. Impulsive type noises shall be subject to the performance standards hereinafter prescribed, provided that such noises shall be capable of being accurately measured with such equipment. Noises capable of being so measured, for the purpose of this ordinance, shall be those noises which cause rapid fluctuations of the needle of the sound level meter, with a variation of no more than plus or minus two decibels. Noises incapable of being so measured such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses. At no point on the boundary of this district shall the sound intensity level of any individual operation or plant (other than the operation of motor vehicles or other transportation facilities) exceed the decibel levels in the designated octave bands shown in Table I.

Performance standards—Smoke and particulate matter: The emission of smoke or particulate matter in such manner or quantity as to endanger or to be detrimental to public health, safety, comfort, or welfare, is not permitted. For the purpose of grading the density of smoke, the Ringelmann Chart, published and used by the United States Bureau of Mines, shall be employed. The emission of smoke or particulate matter of a density greater than No. 2 on the Ringelmann Chart is prohibited at all times, except as otherwise proved [provided] hereinafter. The emission, from all sources within any lot area, of particulate matter containing more than ten percent by weight of particles [which] have a particle diameter larger than 44 microns is prohibited. Dust and other types of air pollution, borne by the wind from such sources as storage areas, yards, roads, and the like, within lot boundaries, shall be kept to a minimum by appropriate private landscaping, paving, oiling, fencing, or other acceptable means. Emission of particulate matter from such sources in excess of the weight limitation herein specified is prohibited. The emission of more than eight smoke units (as defined by the United States Bureau of Mines) per hour per stack is prohibited, including smoke of a density in excess of Ringelmann No. 2. However, during one one-hour period in each 24-hour day, each stack may emit up to 16 smoke units when blowing soot or cleaning fires. Only during fire-cleaning periods, however, shall smoke of Ringelmann No. 3 be permitted, and then for not more than three minutes.

TABLE I

	Maximum Permitted
Octave Band (Frequency cycles per second)	Sound Level Along residential district boundaries	Decibels Along business district boundaries
0 to 75	72	75
75 to 150	67	70
150 to 300	59	63
300 to 600	52	57
600 to 1200	46	52
1200 to 2400	40	45
2400 to 4800	34	40
Above 4800	32	38

Performance standards—Toxic or noxious matter: No use shall, for any period of time, discharge across the boundaries of the lot wherein it is located toxic or noxious matter, such as sewage, in such concentrations as to be detrimental to, or endanger the public health, safety, comfort, or welfare, or cause injury or damage to property or business.

Performance standards—Odors: The emission of odorous matter in such quantity as to be readily detectable at any point along lot lines, or as to produce a public nuisance or hazard beyond lot lines is prohibited.

Performance standards—Fire and explosion hazard:

The storage, utilization, or manufacture of materials or products, ranging from incombustible to moderate burning, as determined for liquids by a closed cup flash point of not less than 187 degrees Fahrenheit, is permitted subject to compliance with all other performance standards for this district.

The storage, utilization, or manufacture of materials or products ranging from free or active burning to intense burning, as determined for liquids by a closed cup flash point of less than 187 degrees Fahrenheit, but not less than 105 degrees Fahrenheit, is permitted, subject to compliance with all other performance standards for this district, and provided the following conditions are met:

(1)

Said materials or products shall be stored, utilized, or produced within completely enclosed buildings or structures having incombustible exterior walls; and

(2)

All such buildings or structures shall be set back at least 40 feet from lot lines, or, in lieu thereof, all such building or structures shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the American Insurance Association; or if the materials, goods, or products are liquids, the protection thereof shall be in conformity with standards prescribed by the American Insurance Association.

The utilization in manufacturing processes of materials which produce flammable or explosive vapors or gasses, determined for liquids by a closed cup flash point of less than 105 degrees Fahrenheit, shall be permitted in this district provided:

(1)

That the final manufactured product does not itself have a closed cup flash point of less than 187 degrees Fahrenheit.

(2)

That the use and storage of such materials shall be in conformity with standards prescribed by the American Insurance Association and the requirements of any other ordinances.

(3)

That the storage of more than 50,000 gallons of materials or products having a closed cup flash point of less than 105 degrees Fahrenheit (exclusive of storage of finished products in original sealed containers) is prohibited.

(4)

That the storage of more than 100,000 gallons of materials or products having a closed cup flash point of less than 180 degrees Fahrenheit (exclusive of storage of finished products in original sealed containers) is prohibited.

Performance standards—Vibration: No industrial operation or activity (except those not under the direct control of the manufacturer) shall cause at any time ground-transmitted vibrations in excess of the limits set forth below. Vibration (the periodic displacement measured in inches, of earth) shall be measured at any point along this district boundary line with a three-component measuring instrument approved by the appropriate plan commission and shall be expressed as displacement in inches.

Frequency (cycles per second)	Maximum Permitted Displacement Along Manufacturing District Boundaries (in inches)
0 to 10	.0008
10 to 20	.0005
20 to 30	.0002
30 to 40	.0002
40 and over	.0001

Performance standards—Glare or heat: Any operation producing intense glare or heat shall be performed within a completely enclosed building in such manner as not to create a public nuisance or hazard along lot lines.

When rough tests by a duly constituted enforcement officer, upon complaint by 60 percent of adjacent property owners, indicate to the plan commission a possible violation of the performance standards, the plan commission shall require the manufacturer to obtain and bear the cost of the appropriate technical assistance to ascertain the exact amount of emissions of noxious effects at the lot lines of the manufacturing property. This technical assistance shall be approved in writing by the plan commission before tests are conducted. Results of said tests shall be presented to the plan commission in writing. Any test result in excess of the appropriate performance standard shall be considered a violation of this ordinance.

Sec. 6.24. - Heavy manufacturing district.

General.

Floor area ratio: not to exceed one (1.0).

Lot area: not less than 10,000 square feet.

Restrictions for permitted uses.

Major manufacturing, processing, storage, warehousing and distribution, and major research and testing operations will be permitted in this district if they require extensive community facilities and reasonable good access to major thoroughfares.

Those previously noted establishments generating heavy industrial-type traffic and requiring extensive open storage will be permitted if they meet the limitations of the performance standards.

Restrictions for conditional uses. See section 6.23 C.

Performance standards. See section 6.23 D.

(Ord. No. 1994-9, § 2, 7-18-94)

Sec. 6.25. - Environmental districts.

These districts have been created in order to protect and improve upon the agricultural and open space lands within the Princeton planning area. Urban development seems to know no restrictions and for this reason foresight must be given to conserve these areas.

General requirements—All environmental districts.

No activities will be permitted that are not related to the operation or enhancement of these districts. Allowable uses include park facilities and support agricultural uses as farm homes, outbuildings, and agricultural related manufacturing.

Energy-related mining operating will be permitted if under evaluation by the plan commission their operation will not dramatically harm the surrounding environment or if there is an immediate regional need for such energy resource.

When concluded, mining operations will be required to regrade such impacted land back to its original contour, replace topsoil, and in vegetated areas provide natural vegetation similar to the surrounding area's character. Such land reclamation will be monitored by the plan commission.

Sec. 6.26. - Agricultural district.

General.

Signs intended to be seen outside the lot lines:

Nonflashing illuminated business signs are permitted.

Not more than one twelve-square-foot sign per principal use is permitted.

Setbacks for all structures valued in excess of $1,000.00 except dwelling units shall be 50 feet minimum.

Agricultural buildings are exempt from all permit requirements.

Performance standards. All performance standards listed under section 6.23 D do not apply to farm uses, except in the case of toxic or noxious matter (6.23 D3) and fire and explosion hazard (6.23 D5), in which case they do apply.

Restrictions for permitted uses.

Transportation related uses (SIC 411, 451, 455, & 460). Any changes or improvements regarding these uses in this district are subject to restrictions by the appropriate governing bodies. However, new rights-of-way should be carefully studied due to the tremendous amount of land required.

Farm and garden supplies (SIC 596).

An illuminated, nonflashing sign is permitted subject to other sign restrictions.

Parking requirements: For retail and wholesale stores, at least one parking stall for each 120 square feet of floor area devoted to sales.

Whenever a business comes within 500 feet of any residential district, appropriate screening, such as vegetation, a wall, a uniformly painted fence, or topography, shall be used to visually screen loading docks and parking lots from the surrounding dwelling units.

All other uses listed as permitted in the official schedule of district regulations shall be permitted provided they satisfy the general restrictions of this district.

Restrictions for conditional uses.

Dwelling units (SIC 110).

Floor area ratio: not to exceed two-tenths.

Lot area: not less than one acre (43,560 square feet).

Lot width: not less than 150 feet.

Signs intended to be seen outside lot lines:

(1)

Nonilluminated business signs are permitted.

(2)

(3)

No sign shall be larger than two square feet per side (exception—real estate signs).

(4)

Real estate signs:

(a)

Size: eight square feet per side.

(b)

They are only temporary.

Parking: Two off-street parking spaces shall be provided per dwelling unit.

Visibility at intersections: On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of three to 12 feet above the established grade determined by a diagonal line connecting two points measured 15 feet equidistant from the street corner along each lot line.

Parking, storage, or use of major recreational equipment: Major recreational equipment may be parked or stored anywhere on a lot in this district provided that they do not violate any other sections of this ordinance and that not more than three pieces of equipment are present for any period of time in excess of 24 hours. Further, no such equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a lot.

Parking and storage of certain vehicles: Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored for more than seven days on any residentially zoned property other than in completely enclosed buildings with the exception of licensed antique vehicles.

Retirement homes, group quarters, mobile home parks (SIC 123 & 140). These uses may be allowed subject to additional restrictions and approval by the plan commission.

Farm related manufacturing (SIC 213, 214, 241, 242, 243, 261, 289, & 396). These uses may be allowed subject to additional restrictions and approval by the plan commission. If this same use could operate just as effectively in an existing manufacturing zone, it should do so.

Transportation and utility uses (SIC 412, 431, 441, 452, 453, 454, 456, 457, 471, 472, 476, 481, 483, 484, 485, & 486). Any transportation and utility uses are subject to plan commission approval and restriction.

All other conditional uses are permitted only upon approval of the plan commission and adherence to any restrictions they require.

Sec. 6.27. - Open space district.

The open space district is designed to promote the preservation of natural features and scenic beauty and protect the public health, safety, comfort, and general welfare by reducing the hardships and financial burdens imposed upon the planning area by periodic ponding and flooding of streams and the Patoka River.

General.

Within any OS, open space district, except for bona fide agricultural uses as defined in section 6.26, no building shall be used or arranged, or designed to be used except for one or more of the following uses which shall be subject to all regulations and requirements for permit of this ordinance.

Lakes (artificial);

Public picnic ground, marinas, and beaches;

Public parks and forest preserves;

Public and quasi-public utility substations, radio and television relay towers, repeater stations, etc., but not including power generation or gas manufacturing plants;

Camps or campgrounds.

Restrictions for permitted uses.

Except as required, no building shall be erected within 50 feet of the right-of-way of any public street, road, or highway, nor within 15 feet, or one foot for each foot of building height, whichever is the greater, of any lot line.

Any building shall be so placed as to offer the minimum obstruction to flow of waters and shall be firmly anchored to prevent the building from being moved or destroyed by the flow of water.

Restrictions for conditional uses. Those conditional uses, roads, bridges, transmission towers, etc., should be designed and approved with great care. The plan commission should give final approval.

Sec. 6.28. - Commercial communications facilities (scope of application).

All construction, placement, and modification of communications facilities within the jurisdiction of the City of Princeton shall conform to the requirements of the Zoning Ordinance, all state and federal regulations, and the Uniform Building Code as set forth in 675 IAC 13-2.2-1 et seq.

Definitions.

Antenna. A device used in communications which transmits or receives radio or television signals, or any other spectrum-based transmissions/receptions. Antenna types include, but are not limited to omni-directional "whip" antenna, directional "panel" antenna, dish "microwave" antenna, and ancillary antenna.

Attached communications facility. A communications facility affixed to a pre-existing structure, including buildings, water tanks and communications towers, provided such facility conforms to all applicable regulations, including building and zoning regulations.

Co-location. Locating wireless communications equipment from more than one (1) provider on a single site.

Commercial wireless communications service. Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR) enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.

Communications facility. A land use facility, including any towers, accessory buildings, and structures, supporting antennas or other structures intended for use in connection with the commercial transmission or receipt of radio or television signals, or any other spectrum-based transmissions/receptions.

Communications tower. Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas. The term includes radio and television transmission towers, microwave towers, cellular telephone and wireless communications towers, alternative tower structures, and the like. Tower types include, but are not limited to, guyed towers, wooden poles, lattice towers, and monopolies.

Designed fail area. The area surrounding a tower in which the tower could fall should it fail as structurally designed. The designed fail area is quantified in terms of linear distance from the tower to perimeter of the designed fail area. The designed fail area shall be certified by a structural engineer.

Guyed towers. A tower anchored by cables or wires typically ranging in height from one hundred (100) to three hundred (300) feet which can accommodate a variety of users and antennas. These towers need significantly more land than a free standing tower.

Lattice towers. A free standing, tower typically ranging in height from sixty (60) to two hundred (200) feet and can accommodate a variety of users. These towers generally have three (3) or four (4) support steel "legs" and hold a variety of antennas.

10.

Major communications facility. A communications facility which is neither an attached nor a minor communications facility.

11.

Minor communications facility. A communications facility which:

Is not an attached communications facility;

Is of monopole construction and extends no higher than one hundred twenty-five (125) feet above the ground from its base to its highest point; and

Is not located within one-half (½) mile from any minor or major communications facility.

12.

Monopole towers. a free standing tower typically ranging in height from twenty-five (25) to two hundred (200) feet which can accommodate multiple users. These towers consist of a single pole, approximately three (3) feet in diameter at the base and narrowing to roughly one and one-half (1-½) feet at the top and hold a variety of antennas.

13.

Radio frequency emission (RE). a non-ionizing electromagnetic energy used to transmit communications signals through space. Non-ionizing energy is absorbed as heat, if absorbed at all.

14.

Tower height. The vertical distance from the ground level to the highest point of the tower or attached antenna or similar device, including attached communications facilities.

15.

Tower setback. The horizontal distance from the base of the tower to an abutting property line and/or proposed right-of-way.

Existing communications facilities. Communications facilities in existence on the date of adoption of this zoning ordinance which do not conform to or comply with this section are subject to the following:

Legal nonconforming communications facility. Any communications facility located within the jurisdiction covered by this zoning ordinance on the date of adoption of this zoning ordinance which does not conform to the provisions of this chapter is eligible for characterization as a "legal nonconforming" communications facility and is permitted, provided it also meets the following requirements: the communications facility was covered by an improvement location permit or variance on the date of adoption of this zoning ordinance if one was required under applicable law, or, if no improvement location permit was required under applicable law for the communications facility in question, the communications facility had legal nonconforming status at such time.

Unlawful communications facility. Any nonconforming communications facility which does not fit the definition of a legal nonconforming communications facility is an unlawful communications facility.

Annexed communications facility. If land is annexed to the city subsequent to the effective date of this zoning ordinance, any communications facility upon such annexed land which does not conform to this zoning ordinance at such time shall have legal nonconforming status if:

Under applicable federal, state, and county regulations, the communications facility was legal in all respects immediately prior to annexation; and

The annexation was not conditioned upon the removal or modification of the communications facility.

Loss of legal nonconforming status. A legal nonconforming communications facility shall immediately lose its legal nonconforming status if:

The communications facility because of improper installation or maintenance, constitutes a threat to public health or safety and remains in such condition after a reasonable time is given to remedy the problem;

The communications facility is demolished or damaged to the extent of fifty percent (50%) or more of its value; and the communications facility is not replaced within one hundred twenty (120) days after its demolishment or damage.

The permit, variance, or condition under which the communications facility was allowed expires; or

The communications facility is substantially structurally altered so as to prolong its expected life.

Upon losing legal nonconforming status, the communications facility shall be immediately brought into conformance with this zoning ordinance or shall be removed.

Nothing in this zoning ordinance shall relieve the owner or user of a legal nonconforming communications facility or owner of the property on which the legal nonconforming communications facility is located from any provisions regarding safety, maintenance and repair of the communications facility.

Minor communications facility. A communications facility which is:

Not an attached communications facility;

Of monopole construction and extends no higher than one hundred twenty-five (125) feet above the ground at its base at its highest point; and

Is not located within one-half (½) mile from any minor or major communications facility, which:

Currently exists, or

Does not yet exist but has, previous to the filing of this application, been applied for, provided that such other application has not yet been finally, denied.

Such facility, provided it complies with this section, will be approved only if it is located in an M-1, M-2 or AG district.

Major communications facility. Such facility, which is neither an attached nor a minor communications facility, provided it complies with this section will be approved only if, with due regard for all applicable Federal regulations, it:

Is located in an M-1, M-2 or AG district; and

Is approved by the board of zoning appeals as a special use in such zoning district.

Basic regulation. For the purpose of applying differing degrees of regulation, each communications facility shall be in one (1) of the following classifications, and the basic regulation and approval mechanism for communications facilities is as follows:

Attached communications facility. Such facility, provided it complies with this section, will be approved only if:

It is located in any of the following zoning districts: AG, OS, HB, LB, GB, CB, M-1, M-2; and

To minimize visual impact, its placement and design is approved by the plan commission.

Minor communications facility. Such facility, provided it complies with this section, will be approved only if, with due regard for all applicable federal regulations:

It is located in M-1, M-2 or AG districts;

Is approved by the board of zoning appeals as a special use.

General requirements. All communications facilities shall comply with the following regulations.

No improvement location permit shall be issued until complete compliance is demonstrated as to the following:

Lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.

Signs and advertising. The use of any portion of a communications facility for signs other than warning or equipment information signs is prohibited.

Abandoned or unused towers or portions of towers. Abandoned or unused communications facilities shall be removed within one hundred twenty (120) days from the date of ceasing operations. A copy of the notice to the Federal Communications Commission of intent to cease operations of subject facility shall be submitted to the city. If the lot or parcel for the facility is leased, a copy of the relevant portions of a signed lease which requires the removal of the communications facility upon cessation of operations at the site shall be submitted at the time of application for an improvement location permit.

Antenna capacity wind load. Communications facilities shall be certified by a qualified and licensed professional engineer in the state to conform to the latest structural standards and wind loading requirements of the Uniform Building Code and the Electronic Industry Association.

Radio/frequency emissions (RF). Documentation of the proposed communications facility will comply with the latest health and safety standards established by the Federal Communications Commission on RF emissions and exposures.

Liability insurance. Proof-of liability insurance in an amount of not less than one million dollars shall be filed with the city annually.

Tower color. The color of the proposed tower will be of a light tone or color (except as required by the FAA) so as to minimize visual impact.

Communications facility report. A report shall be submitted to the city describing the type of proposed communications facility, its effective range, and the technical reasons for its design and placement. If the proposed communications facility cannot be accommodated on an existing or approved facility within a one (1) mile search radius of the proposed site, the report shall specify the reasons and conditions along with supporting proof. In an effort to promote long-range planning to minimize the number of towers and their impact on the community, providers of commercial wireless communications service shall include a plan delineating existing and any proposed or anticipated facilities within Gibson County.

Visual impact statement. A statement and visual material, (for example, a plan, pictures, etc.) indicating where within a one (1) mile radius any portion of the proposed facility can be seen from ground level.

10.

Bond. All applicants will furnish a surety bond or make an equivalent cash deposit in an amount to be determined by the building commissioner to be necessary to remove an abandoned facility in the event the persons responsible for such removal default.

All major and minor communications facilities shall comply with the following regulations. No improvement location permit shall be issued until complete compliance is demonstrated.

Placement. Towers shall be sited within the rear yard unless located on a vacant lot or parcel.

Setbacks. Minimum setback requirements for communications facilities shall be based on the following, provided such setbacks are not less than the requirements of the district in which the facility is located:

Monopole type towers shall provide a minimum setback of the tower designed fail area plus ten percent (10%) of the tower height.

Guyed and lattice type towers shall provide a minimum setback of the tower designed fail area plus twenty-five percent (25%) of the tower height.

Towers sited on a lot or parcel which borders on a residential or commercial district shall provide a minimum setback of one hundred fifty percent (150%) of the tower height from any residential district and seventy-five (75%) of the tower height from any commercial district unless the setbacks in paragraphs (a) or (b) above are greater.

Ancillary communications buildings shall comply with setback requirements as established under this zoning ordinance for accessory structures.

Screening. The lowest ten (10) feet of a communication facility's ancillary building and tower shall be visually screened on a year-round basis with suitable vegetation from nearby buildings. The scale and nature of vegetation shall be of sufficient density to conform with the above requirements within three (3) years.

Security fence. Ground ancillary buildings and towers shall have a security fence erected within the visually screened area.

Co-location agreement. A proposal for a new communications tower shall be designed structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two (2) additional users if the tower is over one hundred (100) feet in Height and for at least one (1) additional user if the tower is over sixty (60) feet in height. The tower owner shall allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use. The conditions and terms for shared use shall be submitted to the city. If the land for the tower is leased, a copy of the relevant portions of a signed lease allowing the tower owner to add additional users and associated facilities on the tower shall be submitted at the time of application to the city for tower erection.

Exceptions. No permit shall be required for the following:

Private individuals erecting a tower with a height no greater than fifty (50) feet on their property with the tower being utilized for radio reception, television reception, ham radio reception and other non-commercial uses.

Public safety facilities including but not limited to fire, police, and emergency medical services.

(Ord. No. 2001-8, 9-4-01)

Sec. 6.29. - Signs and outdoor advertising signs (billboards).

All construction, placement, and modification of outdoor advertising signs within the jurisdiction of the city shall conform to the requirements of the zoning ordinance, all state and federal regulations, and the Uniform Building Code as set forth in 675 IAC 13-2.2-1 et seq.

Definitions.

Sign. A visual device or structure used for advertising, display, or publicity purposes.

Sign, outdoor advertising. A structural poster panel or painted sign, either freestanding or attached to a building, for the purpose of or used to convey advertising, information, knowledge or ideas to the public about a subject, business or product unrelated to the activities on the premises upon which it is located.

Sign portable. A free-standing, on-premises advertising device which is designed to be moved from one location to another and is not permanently affixed to the ground or to a structure, or is only affixed by means of tiedown straps or stakes.

Purpose. The purpose of this section is to permit such signs that will not, by their reason, size, location, construction, or manner of display, endanger the public safety of individuals, confuse, mislead, or obstruct the vision necessary for traffic safety, or otherwise endanger public health and morals; and to permit and regulate signs in such a way as to support and complement land-use objectives set forth in the zoning ordinance.

Exempt signs. The following types of signs shall be exempted from the requirements of this section, and no permit shall be required for the following:

Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises or home occupation.

Flags and insignia of any government.

Legal notices, identification information, or directional signs erected by or by order of governmental bodies.

Integral decorative or architectural features of buildings, except letters, trademarks, logos, moving parts or moving lights.

Signs directing and guiding traffic and parking on private property, but bearing no advertising matter, including logos.

Signs located at a public owned recreation or athletic facility where:

Advertisement is placed on areas that are part of the facility (i.e., scoreboard, fences, etc.)

The advertisement is visible only to the participants or spectators at the facility and may not be seen by the general public passing by or living in the area surrounded by the facility.

On-premises signs.

In any district, except as noted, the provisions of this section 1 shall be applied to effect the safety of motorists and facilitate traffic movement.

No sign shall be erected or maintained at any location where, by reason of its position, wording, illumination, size, shape, or color, it may obstruct, impair, obscure, interfere with the view of, or be confused with any authorized traffic control sign, signal, or device.

No sign shall contain or make use of any phrase, symbol, shape, form, or character in such a manner as to interfere with, mislead, or confuse moving traffic.

No exterior sign shall be permitted to display flashing, intermittent, revolving, rotating or animated lighting or illumination, nor any illumination which simulates or displays motion.

Except as permitted in paragraph (7), portable signs are prohibited.

Signs shall not contain information or advertising for any product not sold or produced on the premises.

All signs not expressly exempted or permitted by this section are prohibited.

In all districts, the provisions of this section 2 shall apply.

No part of any sign which is attached to the exterior wall of a building shall be erected to a height in excess of six (6) feet above the roof or parapet line of such building.

No illuminated sign shall be permitted within fifty (50) feet of property in any residential district unless the illumination of such sign is so designed that it does not reflect or shine light onto such property.

No part of any free-standing sign shall be erected to a height greater than that specified for other structures in the district in which the sign is located; rooftop sign structures shall not extend more than six (6) feet above the roof line nor shall such sign structures extend beyond or overhang any exterior wall of the building upon which they are secured.

The minimum setback of freestanding signs from street rights-of-way shall not be less than those given below. Setbacks shall be measured to the nearest point of the sign to the edge of the right-of-way.

MINIMUM SIGN SETBACKS
Area of Sign per Face	Minimum Setback
5 square feet or less	2 feet
5 to 14.9 square feet	10 feet
15 to 49.9 square feet	20 feet
50 to 99.9 square feet	30 feet
100 or more square feet	60 feet

The area of a sign shall be determined by the smallest circle, triangle, or rectangle that can be used to enclose the sign, exclusive of supporting members that bear no message.

No freestanding sign shall be erected or maintained on or within any easement or right-of-way, public or private, without special permission in writing from that person or persons entitled to give such permission.

In any residential district, the provisions of this section 3 shall apply.

Multi-family developments may display identification signs indicating nothing other than name and/or address of the premises and/or the name of the management. Such sign shall not exceed nine (9) square feet in area.

Nonresidential uses are permitted one (1) bulletin board or identification sign, indicating nothing other than name and/or address of the premises, and schedule of services or other information relevant to the operation of the premises. Such sign shall not exceed twelve (12) square feet in area unless erected along an abutting street or road having a speed limit in excess of forty (40) miles per hour; then the area of such sign shall not exceed thirty (30) square feet.

For each use listed in paragraphs (a) and (b) eligible to display a sign, only one (1) sign per street frontage shall be permitted, except that uses occupying extended frontages shall be permitted one (1) such sign per five hundred (500) feet of frontage.

In any business district, except as herein provided, the provisions of this section 4 shall apply.

Multi-family developments shall be subject to the provisions of section 3.

Signs shall be permitted as accessory uses for nonresidential uses according to the number and net area of signs set forth below:

BUSINESS USE SIGNS AND SIGN AREA
District	Number of Signs	Net Sign Area (each Sign)
HB	3	60 sq. ft.
LB	2	30 sq. ft.
GB & CB	3	40 sq. ft.

No building-mounted sign shall project over a lot line and no sign shall project into a required yard by more than two (2) feet.

In M-1 and M-2 districts, each business or industrial use shall be permitted identification signs on the lot only as incidental uses, not to exceed two (2) such signs or a total net area of three hundred (300) square feet.

In any AG district, the provisions of this section shall apply:

Agricultural uses shall be permitted one (1) sign not to exceed thirty (30) square feet.

Industrial uses shall be permitted a maximum of two (2) signs not to exceed a combined area of one hundred (100) square feet.

Business uses shall be permitted two (2) signs not to exceed thirty (30) square feet each.

Other nonresidential uses shall be permitted one (1) bulletin board or identification sign, indicating nothing other than name and/or address of the premises, and schedule of services or other information relevant to the operation of the premises. Such sign shall not exceed twelve (12) square feet in area unless erected along an abutting Street or road having a speed limit in excess of forty (40) miles per hour; then the area of such sign shall not exceed thirty (30) square feet. Only one (1) sign per street frontage shall be permitted, except that uses occupying extended frontages shall be permitted one (1) such sign per five hundred (500) feet of frontage.

Residential uses are subject to the provisions of section (3).

The signs permitted by this section shall be allowed in any district.

One (1) "For Sale" or "For Rent" sign not more than twelve (12) square feet in area for each dwelling unit, garage, or other quarters where appropriate.

One (1) sign, not more than twelve (12) square feet in area, for construction and development, giving the name of the contractors, engineers, or architects, shall be permitted but only during the time that construction or development is actively underway.

Portable signs on the premises, not in excess of the number or size provisions of paragraph (4)(b) may be permitted by the building commissioner for no longer than forty-five (45) days, if the portable signs are being used in lieu of permanent signs, or during the period while commercial construction or remodeling is actively underway, to be removed when the permanent signs are erected in the first case, or when construction is completed under that improvement location permit in the second case.

For an event of public interest sponsored by a church, governmental agency, school, political organization, or charitable organization, one (1) portable sign not over fifty (50) square feet in area, on the premises on which the event will take place, shall be permitted. Such sign shall not be erected more than thirty (30) days before the event and shall be removed immediately after such event. Also, directional signs may be permitted not more than three (3) square feet in area, showing only a directional arrow and the name of the event of public interest, and such signs shall not be erected more than fourteen (14) days before the event in question and shall be removed immediately after such event.

For each real estate subdivision that has been recorded in accordance with the subdivision regulations, one (1) sign, not over fifty (50) square feet in area, advertising the sale of property in such subdivision shall be permitted, but only when located in some portion of the subdivision being advertised for sale. Such sign shall not encroach upon any required yard. Such sign may be illuminated, but no flashing, intermittent or animated illumination is permitted. Such sign shall be maintained only during such time as some portion of the land advertised for sale remains unsold. Permits for such sign shall be issued for one (1)-year periods and may be renewed for additional one (1)-year periods to allow time for reasonable display.

For each major entrance to a real estate subdivision, no more than two (2) signs containing the name of the subdivision only shall be permitted. Such sign or signs shall not exceed thirty-two (32) square feet each and shall have a maximum height of six (6) feet.

Outdoor advertising signs (billboards).

Outdoor advertising signs shall be allowed in HB, AG, M-1 and M-2 Districts only, as authorized by or under this zoning ordinance.

Outdoor advertising signs shall be separated by one thousand (1,000) feet in all directions, and with respect to the Interstate and limited access highways, no outdoor advertising sign may be located adjacent to or within five hundred (500) feet of an interchange, at-grade intersection, or rest area as measured from the right-of-way line.

No outdoor advertising sign shall be permitted if it is located within five hundred (500) feet of land that is in residential use or is zoned SR, R-4, R-8, R-32, and PRO.

No outdoor advertising sign structure shall contain more than two (2) facings, and no facing shall display more than two (2) signs.

The maximum area for any one (1) sign shall be one thousand (1,000) square feet, the maximum width twenty-five (25) feet and maximum length sixty (60) feet, exclusive of any border, trim, ornamental base, apron, supports, embellishments, and other structural members, if the exclusions do not exceed twenty percent (20%) of the sign area. The area shall be measured by the smallest square, rectangle, triangle, circle, or combination thereof which will encompass the area affected.

Procedure.

There shall be no permit required, nor any permit fee for the exempt signs as stated in section C; D-3a, b; D-4b; D-6a, d; D-7a, b, c, d, e.

All other signs shall require a permit to be issued by the city building commissioner. No permit will be issued until payment of the permit fee of ten dollars ($10.00). In addition, all outdoor advertising signs shall pay a fee of one hundred dollars ($100.00) for each panel, and all other signs in excess of thirty-two (32) square feet shall pay a permit fee of fifty dollars ($50.00).

All requests for issuance of signs not permitted by this section shall be treated as variances with final determination by the city board of zoning appeals.

(Ord. No. 2002-9, 7-1-02)

Sec. 7.00. - Official schedule of district regulations.

Editor's note— In printing this table the publisher has used a bullet symbol (•) in lieu of an hexagon symbol.

• Permitted Uses ;tric; Conditional Use (Special Exception) Prohibited Use
		Residential					Business					Manufacturing		Environmental
NO.	CATEGORY	SR	R4	R8	R32	RMH	PRO	LB	GB	HB	CB	M1	M2	AG	OS
110	Dwelling unit	•	•	•	•		•				•				•
111	Home occupations	•	•	•	•	•	•				•			•
121	Rooming and boarding houses	;tric;	;tric;				•				•
122	Fraternity, sorority houses, residence halls or dormitories		;tric;	•	•		•				•
123	Retirement homes, orphanages, religious quarters	;tric;	;tric;	•	•									;tric;
129	Other group quarters	;tric;	;tric;	;tric;	;tric;		•				•			;tric;
130	Residential hotels, apartments, condominiums			•	•						•	;tric;	•
140	Mobile home parks or courts					•						;tric;	•
190	Other residential	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;				;tric;	;tric;	•	;tric;
211	Manufacturing—Meat products											;tric;	•	;tric;
212	Manufacturing—Dairy products											;tric;	•	;tric;
213	Canning and preserving of fruits, vegetables and seafoods											;tric;	•
214	Manufacturing—Grain mill products											;tric;	•
215	Bakery products											;tric;	•
216	Manufacturing—Sugar											;tric;	•
217	Manufacturing—Confectionery and related products											;tric;	•
218	Manufacturing—Beverage											;tric;	•
219	Manufacturing—Other food preparations and kindred products											;tric;	•
221	Manufacturing—Other small wares (cotton, man-made fibers, silk, wool)											;tric;	•
222	Manufacturing—Knit goods											;tric;	•
223	Dyeing and finishing of textiles (except wool fabrics and knits)											;tric;	•
224	Manufacturing—Floor coverings (rugs and carpets)											;tric;	•
225	Manufacturing—Yarns and threads											;tric;	•
229	Manufacturing—Other textile goods											;tric;	•
231	Manufacturing—Men's, boy's suits, coats and overcoats											;tric;	•
232	Manufacturing—Men's, boy's furnishings, work clothing, etc.											;tric;	•
233	Manufacturing—Women's, children's outwear											;tric;	•
234	Manufacturing—Hats, caps, and millinery											;tric;	•
235	Manufacturing—Leather and leather products											;tric;	•
236	Manufacturing—Fur goods											;tric;	•
237	Manufacturing—Miscellaneous apparel and accessories											;tric;	•
239	Manufacturing—Other fabricated textile products											;tric;	•
241	Sawmills and planing mills											;tric;	•	;tric;
242	Manufacturing—Millwork, veneer and other wood products											;tric;	•	;tric;
243	Manufacturing—Wood containers											;tric;	•	;tric;
249	Manufacturing—Other wood products (except furniture)											;tric;	•	;tric;
251	Manufacturing—Household furniture)											;tric;	•
252	Manufacturing—Office furniture											;tric;	•
253	Manufacturing—Public building and related furniture											;tric;	•
254	Manufacturing—Partitions, shelving, lockers and office and store fixtures											;tric;	•
259	Manufacturing—Other furniture and fixtures											;tric;	•
261	Manufacturing—Pulp											;tric;	•	;tric;
262	Manufacturing—Paper (except building paper)											;tric;	•
263	Manufacturing—Paperboard											;tric;	•
264	Manufacturing—Converted paper and paperboard products (except containers)											;tric;	•
265	Manufacturing—Paperboard containers and boxes											;tric;	•
266	Manufacturing—Building paper and building board											;tric;	•
271	Newspapers—Publishing, publishing and printing								;tric;		;tric;	;tric;	•
272	Periodicals—Publishing, publishing and printing								;tric;		;tric;	;tric;	•
273	Books—Publishing, publishing and printing								;tric;		;tric;	;tric;	•
274	Commercial printing								;tric;		;tric;	;tric;	•
275	Manifold business forms											;tric;	•
276	Manufacturing—Greeting cards											;tric;	•
277	Manufacturing—Bookbinding and related industries											;tric;	•
278	Printing trade service industries											;tric;	•
279	Other printing and publishing								;tric;		;tric;	;tric;	•
281	Manufacturing—Industrial inorganic and organic chemicals											;tric;	•
282	Manufacturing—Plastics, synthetic rubber, resins, or fiber											;tric;	•
283	Manufacturing—Soap, detergents, perfumes, cosmetics, and other toiletries											;tric;	•
284	Manufacturing—Paints, varnishes, lacquers, enamels and allied products											;tric;	•
285	Manufacturing—Gum and wood chemicals											;tric;	•
289	Manufacturing—Agricultural chemicals											;tric;	•	;tric;
291	Manufacturing—Petroleum refining												•
292	Manufacturing—Paving and roofing materials												•
299	Other petroleum refining and refining and related industries												•
311	Manufacturing—Tires and inner tubes												•
312	Manufacturing—Rubber footwear												•
313	Reclaiming rubber												•
314	Manufacturing—Miscellaneous plastic products												•
319	Manufacturing—Other fabricated rubber products											;tric;	•
321	Manufacturing—Flat glass											;tric;	•
322	Manufacturing—Glass and glassware (pressed or blown)											;tric;	•
323	Manufacturing—Cement (hydraulic)												•
324	Manufacturing—Structural clay products												•
325	Manufacturing—Pottery and related products												•
326	Manufacturing—Concrete, gypsum and plastic products											;tric;	•
327	Manufacturing—Cut stone and stone products												•
328	Manufacturing—Abrasive, asbestos and misc. nonmetallic mineral products												•
330	Distribution center—Storage, warehousing and processing												•
331	Blast furnace, steel works and rolling and finishing ferrous metals												•
332	Iron and steel foundries												•
333	Primary smelting and refining of nonferrous metals												•
334	Secondary smelting and refining of nonferrous metals and alloys												•
335	Rolling, drawing and extruding of nonferrous metals												•
336	Nonferrous foundries												•
339	Other primary metal industries												•
341	Ordinance and accessories												;tric;	;tric;
342	Manufacturing—Machinery (except electrical)											;tric;	•
343	Manufacturing—Electrical machinery, equipment, and supplies											;tric;	•
344	Manufacturing—Transportation equipment											;tric;	•
349	Manufacturing—Other fabricated metal products											;tric;	•
351	Manufacturing—Engineering, scientific and research equipment											;tric;•
352	Manufacturing—Optical instruments and lenses											;tric;	•
353	Manufacturing—Surgical, medical and dental instruments and supplies											;tric;	•
354	Manufacturing—Ophthalmic goods											;tric;	•
355	Manufacturing—Photographic equipment and supplies											;tric;	•
356	Manufacturing—Watches, clocks, devices and parts											;tric;	•
391	Manufacturing—Jewelry, silverware and plated ware											;tric;	•
392	Manufacturing—Musical instruments and parts											;tric;	•
393	Manufacturing—Toys, amusement, sporting and athletic goods											;tric;	•
394	Manufacturing—Pens, pencils and other office and artists supplies											;tric;	•
395	Manufacturing—Novelties and misc. notions (except precious metals)											;tric;	•
396	Manufacturing—Tobacco											;tric;	•	;tric;
397	Motion picture production						;tric;	;tric;			;tric;	;tric;	•
399	Other miscellaneous manufacturing											;tric;	•
411	Railroad transportation				;tric;				;tric;			•	•	•	;tric;
412	Rapid rail transit and street railway transportation			;tric;	•		•		•	•	•	•	•	;tric;
413	Railroad passenger terminals				;tric;		;tric;		•	;tric;	;tric;
421	Bus transportation terminals									•	;tric;
422	Motor freight transportation												•
429	Other motor vehicle transportation											;tric;	;tric;	;tric;
431	Airports and flying fields													;tric;
439	Other aircraft transportation													;tric;
441	Marine terminals											;tric;	;tric;	;tric;
449	Other marine craft transportation											;tric;	;tric;	;tric;
451	Freeways (highway and interstates)	;tric;	;tric;	;tric;	•	;tric;	•	;tric;	;tric;	•	;tric;	•	•	•	;tric;
452	Expressways	;tric;	;tric;	•	•	;tric;	•	;tric;	;tric;	•	;tric;	•	•	;tric;	;tric;
453	Parkways	;tric;	•	•	•	;tric;	•	;tric;	•	•	;tric;	•	•	;tric;	;tric;
454	Arterial streets	•	•	•	•	;tric;	•	•	•	•	•	•	•	;tric;	;tric;
455	Collector/distributor streets	•	•	•	•	•	•	•	•	•	•	•	•	•	;tric;
456	Local access streets	•	•	•	•	•	•	•	•	•	•	•	•	;tric;
457	Alleys	;tric;	•	•	•	•	•	•	•	•	•	•	•	;tric;
459	Other highway and street right-of-way	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;
460	Automobile parking	•	•	•	•	•	•	•	•	•	•	•	•	•	;tric;
471	Telephone communication (local)	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;
472	Telegraph communication	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;
473	Radio communication						•		•	•	•	•	•
474	Television communication						•		•	•	•	;tric;	;tric;
475	Radio and television communication (combined system)						•		•	•	•	;tric;	;tric;
476	Relay towers and transmitting stations (TV and radio)	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;
479	Other communication						;tric;		;tric;	;tric;	;tric;	;tric;	;tric;	;tric;
481	Electric utility	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;
482	Gas utility	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;
483	Water utilities and irrigation	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;
484	Sewage disposal	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;
485	Solid waste disposal											;tric;	;tric;	;tric;
486	Major utilities, stations and plants											;tric;	;tric;	;tric;
489	Other utilities											;tric;	;tric;	;tric;
491	Other pipeline right-of-way and pressure control stations											;tric;	;tric;	;tric;
492	Transportation services											;tric;	•
493	Transportation ticket arrangements						•		•	•	•	•	•
499	Other transportation, communication and utilities								;tric;	;tric;	;tric;	;tric;	;tric;
511	Wholesale—Motor vehicles and automotive equipment								•	;tric;	•	•	;tric;
512	Wholesale—Drugs, chemicals and allied products								•	;tric;	•	•	;tric;
513	Wholesale—Dry goods and apparel								•	;tric;	•	•	;tric;
514	Wholesale—Groceries and related products								•	;tric;	•	•	;tric;
515	Wholesale—Farm products (raw materials)								•	;tric;	•	•	;tric;
516	Wholesale—Electrical goods								•	;tric;	•	•	;tric;
517	Wholesale—Hardware, plumbing, heating equipment and supplies								•	;tric;	•	•	;tric;
518	Wholesale—Machinery, equipment and supplies								•	;tric;	•	•	;tric;
519	Wholesale—Other wholesale trade (junkyard)								;tric;	;tric;	;tric;	;tric;	;tric;	;tric;
521	Retail—Lumber and other building materials									;tric;		;tric;	;tric;	;tric;
522	Retail—Heating and plumbing equipment									;tric;		;tric;	;tric;	;tric;
523	Retail—Paint, glass and wall-paper								•	;tric;	•	;tric;
524	Retail—Electrical supplies								•	;tric;	•	;tric;
525	Retail—Hardware and farm equipment								•	;tric;	•	;tric;
531	Retail—Department stores								•	;tric;	•	;tric;
532	Retail—Mail order houses								•	;tric;	•	;tric;
533	Retail—Limited price variety stores								•	;tric;	•	;tric;
534	Retail—Merchandise vending—Machine operators							•	;tric;	•	;tric;
535	Retail—Direct selling organizations								•	;tric;	•
539	Retail—Other trade—General merchandise							;tric;	•	;tric;	•
541	Retail—Groceries (with or without meat)				;tric;			•	•	•	•
542	Retail—Meats and fish				;tric;			•	•	•	•
543	Retail—Fruits and vegetables				;tric;			•	•	•	•
544	Retail—Candy, nut and confectionery				;tric;			•	•	•	•
545	Retail—Dairy products				;tric;			•	•	•	•
546	Retail—Bakeries				;tric;			•	•	•	•
549	Retail—Other food trade				;tric;			;tric;	•	•	•
551	Retail—Motor vehicles								•	;tric;	•
552	Retail—Tires, batteries and accessories								•	;tric;	•	;tric;	;tric;
553	Retail—Gasoline service stations							;tric;	•	;tric;	•	;tric;	;tric;
559	Retail and other automotive, marine craft, aircraft and accessories								•	;tric;	•	;tric;	;tric;
561	Retail—Men's and boy's clothing and furnishings								•	;tric;	•
562	Retail—Women's ready-to-wear							•	;tric;	•
563	Retail—Women's accessories and specialties								•	;tric;	•
564	Retail—Children's and infants wear								•	;tric;	•
565	Retail—Family clothing							;tric;	•	;tric;	•
566	Retail—Shoes								•	;tric;	•
567	Retail—Custom tailoring								•	;tric;	•
568	Retail—Furriers and fur apparel								•	;tric;	•
569	Retail—Other apparel and accessories trade								•	;tric;	•
571	Retail—Furniture, homefurnishings, equipment, household appliances								•	;tric;	•
572	Retail—Radios, televisions, and music supplies								•	;tric;	•
581	Retail—Hotels, tourist courts, motels and other transient housing						;tric;		•	•	•			;tric;
582	Retail—Eating places						;tric;	;tric;	•	•	•	;tric;	;tric;	;tric;
583	Retail—Drinking places (alcoholic beverages)								•	;tric;	•	;tric;	;tric;
591	Retail—Drug and proprietary						•	•	•	•	•
592	Retail—Liquor							;tric;	•	•	•
593	Retail—Antiques and secondhand merchandise							;tric;	•	•	•			;tric;
594	Retail—Books and stationery						;tric;	;tric;	•		•
595	Retail—Sporting goods and bicycles							•	•		•
596	Retail—Farm and garden supplies							•	•		•			•
597	Retail—Jewelry								•		•
598	Retail—Fuel and ice								•	•	•
599	Retail—Other trade				;tric;		;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;
611	Banking and bank-related functions				;tric;		•	;tric;	•	•	•	;tric;	;tric;
612	Credit services (other than banks)						•		•		•	;tric;	;tric;
613	Security and commodity brokers, dealers, exchanges and services						•		•		•
614	Insurance carriers, agents, brokers and services						•		•		;tric;
615	Real estate and related services		;tric;	;tric;	;tric;	;tric;	•	;tric;	•	;tric;	•
616	Holding and investment services						•		•		•
619	Other finance, insurance and real estate services						•		•	;tric;	•
621	Laundering, dry cleaning and dyeing services			;tric;	•	;tric;		•	•	•	•
622	Photographic services (including commercial)						•		•		•
623	Beauty and barber services				•		;tric;	•	•	•	•
624	Funeral and crematory services		;tric;	;tric;			;tric;		;tric;					;tric;
625	Apparel repair, alteration and cleaning, shoe repair				;tric;		;tric;	;tric;	•	•	•
626	Cemeteries	;tric;	;tric;											;tric;
629	Other personal services	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;			;tric;
631	Advertising services						•		•	;tric;	•
632	Consumer and mercantile credit reporting adjustment and collection services						•		•		•
633	Duplicating, mailing and stenographic services						•		•		•
634	Dwelling and other building services						•		•		•
635	News syndicate services						•		•		•
636	Employment services						•		•		•	;tric;	;tric;
637	Warehousing and storage services								•			•
639	Other business services						;tric;		;tric;	;tric;	;tric;	;tric;	;tric;
641	Automobile repair and services				;tric;			;tric;	•	•	•	;tric;	;tric;
649	Other repair services				;tric;			;tric;	•	;tric;	;tric;	;tric;	;tric;
651	Medical and other health services	;tric;	;tric;	;tric;	;tric;		•	;tric;	•	;tric;	•	;tric;	;tric;	;tric;
652	Legal services						•		•		•
653	Sanitariums, convalescent, and rest home services	;tric;	;tric;	;tric;	;tric;				;tric;					;tric;
659	Other professional services				;tric;		;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;
661	General contract construction services								•		•	;tric;	;tric;	;tric;
662	Special construction trade services								•		•	;tric;	;tric;	;tric;
671	Executive, legislative and judicial function						;tric;		•		•
672	Protective functions and their related activities (police and fire)	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	•	;tric;	•	•	;tric;	;tric;
673	Postal services		;tric;	;tric;	;tric;		;tric;	;tric;	•	;tric;	•	•	;tric;
674	Correctional institutions								;tric;					;tric;
675	Military bases and reservations								;tric;					;tric;
681	Nursery, primary and secondary education	;tric;	;tric;	;tric;	;tric;									;tric;
682	University college, junior college and professional school education				;tric;		;tric;		;tric;		;tric;			;tric;
683	Special training and schooling						;tric;		;tric;		;tric;	;tric;	;tric;	;tric;
691	Religious activities	;tric;	;tric;	;tric;	;tric;				•		•	;tric;		;tric;
692	Welfare and charitable services						•		•	;tric;	•			;tric;
699	Other miscellaneous services		;tric;	;tric;	;tric;		;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;
711	Cultural activities	;tric;	;tric;	;tric;	;tric;		;tric;		•		•			;tric;	;tric;
712	Nature exhibitions	;tric;							;tric;					;tric;
719	Other cultural activities and nature exhibitions	;tric;	;tric;	;tric;	;tric;		;tric;		;tric;		;tric;			;tric;	;tric;
721	Entertainment assembly				;tric;		;tric;		•		•	;tric;		;tric;
722	Sports assembly		;tric;	;tric;	;tric;				;tric;			;tric;	;tric;	;tric;
723	Public assembly, miscellaneous purposes				;tric;			;tric;	•		•	;tric;	;tric;
724	Drive-in movies	;tric;	;tric;	;tric;	;tric;		;tric;	;tric;	;tric;		;tric;	;tric;	;tric;	;tric;
729	Other public assembly								;tric;			;tric;		;tric;
731	Fairgrounds and amusement parks				;tric;			;tric;	•	•	•	;tric;	;tric;	;tric;
739	Other amusements	•	•	•	•	•	•		•	•	•	•	•	•	;tric;
742	Playgrounds and athletic areas	•	•	•	•	•	•		•	•	•	•	•	;tric;	;tric;
743	Swimming areas	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;		;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;
744	Marinas	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;		;tric;	•	;tric;	;tric;	;tric;	;tric;	;tric;
749	Other recreation (including camping and picnic areas)	;tric;							;tric;					;tric;
751	Resorts	;tric;							•			;tric;		;tric;
752	Group or organized camps	•	•	•	•	•	•		•	•	•	•	•	•	;tric;
761	Parks—General recreation	•	•	•	•	•	•	•	•	•	•	•	•	•	;tric;
762	Parks—Leisure and ornamental	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;
769	Other parks	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;	;tric;
790	Other cultural, entertainment and recreational											;tric;	;tric;	•
811	Farms (predominant crop—fibers)											;tric;	;tric;	•
812	Farms (predominant crop—cash grains)											;tric;	;tric;	•
813	Farms (field crops other than fiber or cash grain crops)											;tric;	;tric;	•
814	Farms (predominant crop—fruits, tree nuts or vegetables)											;tric;	;tric;	•
815	Farms (predominant dairy products)											;tric;	;tric;	•
816	Farms and ranches (livestock other than dairy)											;tric;	;tric;	•
817	Farms (predominant poultry)											;tric;	;tric;	•
818	Farms (general—no predominance)											;tric;	;tric;	•
819	Other agricultural and related activities											;tric;	;tric;	•
821	Agricultural processing											;tric;	;tric;	•
822	Animal husbandry services											;tric;	;tric;	•
823	Confinement feeding												;tric;	•
829	Other agricultural related activities											;tric;	;tric;	•
831	Commercial forestry production													•
832	Forestry services													•
839	Other forestry activities													•
841	Fisheries and marine products											;tric;	;tric;	•	;tric;
849	Other fishery activities and related services											;tric;	;tric;	;tric;	;tric;
851	Metal ore mining													;tric;
852	Coal mining													;tric;
853	Crude petroleum and natural gas													;tric;
854	Mining and quarrying of nonmetallic minerals (except fuels)													;tric;
855	Mining services											;tric;	;tric;	;tric;
890	Other resources production and extraction											;tric;	;tric;	;tric;
921	Forest reserves													•	•
921	Forest reserves													•	•
931	Floodplains													•	•
941	Sanitary landfill											;tric;	;tric;

(Ord. No. 1994-9, § 3, 7-18-94)

Sec. 8.00. - Supplementary regulation—Planned unit development (PUD).

The purpose of this section is to provide regulation for planned unit developments (PUD), which are of a significantly different character than traditional land developments. Specific standards and exceptions have been developed to govern the actions and recommendations of the plan commission regarding such developments.

General. It shall be the policy of the City of Princeton to promote progressive development of land and construction thereon by encouraging planned unit developments to achieve:

A maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density per acre and a reduction in lot dimensions, yards, building setbacks, and area requirements;

A more useful pattern of open space and recreation areas and, if permitted as part of the project, more convenience in the location of accessory commercial uses and services;

A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation, and prevents the disruption of natural drainage patterns;

A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets;

A development pattern in harmony with land use density, transportation facilities, and community facilities objectives of the comprehensive plan.

Planned unit development restrictions. Whenever there is a conflict or difference between the provisions of this section and those of the other sections of this ordinance, the provisions of this section shall prevail. Subjects not covered by this section shall be governed by the respective provisions found elsewhere in this ordinance. A planned unit development shall conform to the following:

The number of dwelling units erected shall not exceed the number permitted by the regulations of the district in which it is located unless a density increase is permitted.

All uses that may be allowed within the land use district may be permitted within a PUD.

Up to ten percent of the gross land area in a residential district may be directed to commercial, industrial, public and quasi-public uses that are not allowed within the land use district, provided there is a favorable finding by the plan commission:

(a)

That the uses permitted by such exceptions are necessary or desirable and are appropriate with respect to the primary purpose of residential development.

(b)

That the uses are not of such nature or so located as to exercise a detrimental influence on the development nor on the surrounding neighborhood.

(c)

That the uses are intended to serve principally the residents of the PUD.

(d)

That the uses are planned as an integral part of the PUD.

(e)

That the uses be located and so designed as to provide direct access to a collector or an arterial street without creating traffic congestion or hazard.

A minimum parcel area of ten acres is required for PUD.

There shall be at least ten percent of the land area in the development provided for park and recreational purposes which shall not be covered by buildings, parking lots, driveways, or streets. No more than 50 percent of this useable open space shall be covered by water.

If any open space or recreational facility is to be used solely by the residents of the project, adequate provisions shall be made for assessments against the property within the project so that such facilities can be properly maintained and operated.

All utilities, including communication and electric systems, shall be placed underground within the limits of the development. Appurtenances to these systems which can be effectively screened may be excepted.

The design and designation of private streets shall be subject to the approval of the plan commission.

The development plan shall include a common water supply and distribution system, either public or private, which shall meet the approval of the plan commission and shall be built at no expense to the local government.

10.

The development plan shall include a sanitary sewer system connected to a public sewer system, if available within a reasonable distance from the project, or it shall provide for a central collection and treatment system in accordance with the requirements of the plan commission.

11.

The plan of the project may provide for the integral and harmonious design of buildings in commercial and industrial areas and the parcels shall be developed in parklike surroundings utilizing landscaping and existing woodlands as buffers to screen lighting, parking areas, loading areas and other such features from the adjoining and surrounding residential areas.

12.

No building is permitted to exceed the height limit of the district in which it is located by more than ten percent.

13.

All previously noted parking standards shall remain in effect for all PUD's.

14.

Nonresidential areas must be developed in equal ratio to residential areas. This is required to avoid the total development of residents [residences] without the accompanying services.

Increased residential density through design incentives. To provide for an incentive for quality PUD, the plan commission may authorize an increased residential density of up to 20 percent of the allowable number of dwelling units. In allowing for density increase, the commission shall be guided by the following criteria:

If open space provided exceeds 20 percent of land area, additional five percent increase in residential density allowed.

If land is donated or dedicated for public purposes such as public buildings, schools and parks, additional five percent increase in residential development allowed.

If there is significant landscaping, screening and site planning in development, additional five percent increase in residential development allowed.

If PUD is developed in northeast or southwest quadrants of the city, additional three percent increase in residential development allowed.

If community facilities and amenities as trails, lakes, plaza fountains, tennis courts, etc., are provided in PUD, additional three percent increase in residential development allowed.

Procedure for approval of PUD.

Submit a preliminary site plan in triplicate to the board of zoning appeals and to the plan commission in sketch form which includes, but is not restricted to, the following information:

(a)

Location and boundaries of tract to be developed, showing the general layout of streets and the existing and proposed zoning of all areas.

(b)

Tentative placement of all improvements on the site, showing how recommendations of this ordinance and any requirements of the board of zoning appeals and/or plan commission have been utilized.

(c)

General proposals on densities on both residential and other uses. (To allow for sufficient flexibility, the commission may allow minor shifts in use locations and densities, provided however, that the general overall plan is adhered to.)

(d)

Proposed schedule for the development of the site.

If the plan commission approves the preliminary development plan, the plan together with the recommendations of the plan commission, shall be embodied in a report to the board of zoning appeals stating the reasons for the approval of the plan and application, and specific evidence and facts showing that the proposed PUD plan has considered and made provision for the following essential elements:

(a)

That the appropriate use of property adjacent to the area included in the plan will be fully safeguarded.

(b)

That the plan is consistent with the intent of this ordinance to promote public health, safety and the general welfare.

(c)

That the tract, collectively, meets the minimum space requirements for the specific district(s).

The board of zoning appeals and the plan commission shall give notice of acceptance or rejection of the proposal within 60 days. Reasons for rejection, along with suggestions for revisions, shall be given. The developer may resubmit plans after the suggested corrections or additions are made.

The developer shall submit a final site plan.

The board of zoning appeals and the plan commission shall give notice of acceptance or rejection of the final proposal within 60 days. Reasons for rejection, along with suggestions for revisions, shall be given along with any rejection by the board or commission. Developer may resubmit plans after corrections. After final approval, developer may proceed with construction.

Sec. 10.00. - Nonconforming use specifications.

Within the districts established by this ordinance, or amendments that may later be adopted, there exist nonconforming uses of land or structures which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendments thereto. It is the intent of this ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, not be used as grounds for adding other structures or uses which are prohibited elsewhere in the same district.

Sec. 10.10. - Change.

Whenever a nonconforming use has been changed to a conforming use, it shall not thereafter revert to a nonconforming use.

Sec. 10.20. - Extension.

Nonconformities are declared by this ordinance to be incompatible with permitted uses in the districts in which such use is located. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land in combination shall not be extended or enlarged after passage of this ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be generally prohibited in the district in which such use is located.

Sec. 10.30. - Temporary permits.

Temporary buildings and structures incidental to construction work are permitted but must be removed upon completion of the construction.

Sec. 10.40. - Right to construct if permit issued.

Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has heretofore issued and the construction of which has been diligently prosecuted within 90 days of the date of such permit and which entire building shall be completed according to such plans, as filed, within three years from the date of passage of this ordinance. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be action construction, provided that the work shall be carried out diligently. Actual construction is hereby defined as work done which is beyond the preparation stage and into that stage where the changes or additions are made permanent.

Sec. 10.60. - Nonconforming uses of structures.

If a lawful use involving individual structures, or of a structure and land in combination, exists at the effective date of adoption or amendment of this ordinance that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

If no structural alterations are made, any nonconforming use of a structure or structure and land, may, upon appeal to the board of zoning appeals, be changed to another nonconforming use provided that the board of zoning appeals shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the board of zoning appeals may require appropriate conditions and safeguards in accord with other provisions of this ordinance.

When a nonconforming use of a structure, or structure and land in combination is discontinued or abandoned for more than one year, or in the case of a mobile home in the city, more than 60 days, (except when government action impedes access to the premises) the structure or structure and land combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

When a building located on any premises devoted to nonconforming use is damaged or destroyed by fire or any other cause to the extent that the same is untenantable for the uses to which the building was devoted prior to the damage, the building may be repaired or rebuilt for the same use to which it was adapted and used prior to the damage or destruction provided, however, that if the same is not repaired or rebuilt within one year from the date of the damage or destruction, the same shall not thereafter be repaired or rebuilt and the premises shall no longer be used except in conformity with the regulations of this ordinance.

Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

Sec. 10.70. - Discontinuance of nonconforming use of land.

The lawful use of land for open storage purposes, which does not conform to the provisions of this ordinance, shall be discontinued within five years from the date of passage of this ordinance, and the use of land for storage purposes, which may become a nonconforming use by reason of an amendment to this ordinance, shall be discontinued within five years from the date of passage of such amendment.

Sec. 10.80. - Nonconforming use created by amendment.

These provisions apply in the same manner to a use which may become a nonconforming use due to a later amendment to this ordinance.