Rockville City Zoning Code

LAND USE

CONTROL STANDARDS

§ 154.25 ESTABLISHMENT OF DISTRICTS, ZONE MAP AND DESCRIPTION OF DISTRICTS.

(A) The town and the jurisdictional area are hereby classified and divided into eight districts designated as follows:

District Designation	Primarily For
MH	Residential (Mobile Home)
R1	Residential (Single-Family)
R2	Residential (Two-Family)
R3	Residential (Multi-Family)
LB	Local Business
GB	General Business
I	Industrial
FP-R	Flood Plain - Recreational

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

(1) Residential Districts. Four districts: R1, R2, R3 and MH are established for residential use in conformity with the types of neighborhoods which have occurred and are likely to develop in the areas so designated in the zone map. The districts differ primarily with respect to requirements of lot size, building ground floor area, and the number of families which may be housed in one building. The specific permitted uses for each Residential District are shown in Table 1 (§ 154.27). Certain non-residential uses are automatically permitted in these districts (see Table 1, § 154.27) and some special exceptions (see Table 1, § 154.27) may be permitted in these districts with the approval of the Council. A brief description of each of the Residential Districts follows:

(a) R1. This District is to be used principally for single-family dwellings, plus those variations noted in Table 1 (§ 154.27). The R1 requirements as to minimum size of lots and ground floor area of buildings are greater than those specified for the other Residential District.

(b) R2. This District is a medium density residential district designed primarily for single and two-family dwellings. Multi-family units will be permitted, however, on a density of use basis.

(c) R3. This District is designed to accommodate the higher density multi-family units of the area. It includes those areas of the town which appear to be subject to this type of development.

(d) MH. This is a district exclusively intended for mobile home use.

(2) Business Districts. Two districts: LB and GB are designated to meet the specific requirements for the several classes of business uses needed to give adequate service throughout the area as related to present and future development.

(a) LB. This District is designated to serve the shopping and service needs of both the neighborhood and the accommodation needs of the highway travelers. This primary function is to place convenience and impulse goods close to the consumer.

(b) GB. This is a general business district providing for all types of business and service uses.

(3) Industrial Districts. A single Industrial District is established to meet the present and future needs of the area for industrial development. This is designated as an exclusive district, thus serving the areas marked Industrial for industrial use only.

(4) Flood Plain - Recreational District. The Flood Plain Recreational District includes any lowland area subject to periodic flooding, any area of such rugged terrain, or any other area committed to or planned solely for recreational use.

(Ord. 480, passed 11-16-1970; Ord. 559, passed 8-16-1988)

§ 154.26 AUTHORIZED AND TEMPORARY USES.

(A) Authorized uses. Authorized uses in the districts established by or under § 154.25 are categorically listed in Table 1 (§ 154.27). Where the district designations are affixed with an asterisk, the use is permitted in that district only if a special exception has been granted under § 154.36.

(B) Temporary uses. The Council may grant a temporary use permit for a period not to exceed one year, unless another time limit is specified by this section, impose other conditions, for seasonal or transitory uses, if it finds that the intended site is appropriate, that adequate operational safeguards will be maintained, and that adjoining established uses will not be adversely affected. The following uses are deemed to be temporary uses and shall also be subject to the specific regulations and time limits which follow:

(1) Christmas tree sales. In any district, a temporary use permit may be issued for the display and open-lot sales of Christmas trees, but such permit shall be issued for a permit not longer than 45 days.

(2) Seasonal sale of farm products. In any district, a temporary use permit may be issued for the sale of farm produce grown only on the premises. Such sales space shall be of portable or seasonal construction. Such stands shall be removed so as to observe the setback line for permanent structures when not in use. Such permit shall be valid for not more than four months per year, but may be issued for a five-month period.

(3) Contractor’s office and equipment sheds. In any district, a temporary use permit may be issued for a contractor’s temporary structures incidental to a construction project. Such structures shall not contain sleeping or cooking accommodations. Such permit shall be valid for not more than one year, but may be renewed for a maximum of two one-year extensions. Moreover, such structures shall be removed upon completion of the construction project or upon, expiration of the temporary use permits whichever occurs sooner.

(Ord. 480, passed 11-16-1970)

§ 154.27 PERMITTED USES.

Table 1
Primary Use	District in Which Permitted
	Residential				Commercial		Industrial	Flood Plain - Recreational
	R1	R2	R3	MH	LB	GB	I	FP-R
Residential uses
Bed and breakfast	R1*	R2	R3		LB	GB
Boarding or lodging house		R2	R3
Dwelling, single-family	R1	R2	R3
Dwelling, two-family		R2	R3
Dwelling, multi-family		R2	R3
Fraternity, sorority or student cooperative	R1*	R2*	R3*
Home for the aged	R1*	R2*	R3*
Nursing home, orphanage		R2*	R3*
Planned residential development	R1	R2	R3
Private swimming pool	R1	R2	R3	MH	LB	GB
Mobile homes				MH
Qualified child care home	R1	R2	R3		LB	GB
Agricultural uses
Artificial lake of 3 or more acres	R1*	R2*	R3*	MH*	LB*	GB*	I	FP-R*
Commercial greenhouse					LB*	GB*	I
Farm	R1	R2	R3	MH	LB	GB	I	FP-R*
Greenhouse (not exceeding 1,000 square feet)					LB	GB	I
Plant nursery					LB	GB	I	FP-R
Industrial uses
Bottled gas storage and distribution							I*
Contractor’s storage yard							I
Industrial park(1)							I
Industry							I
Junk yard							I*
Anhydrous ammonia or similar liquified fertilizers, storage and distribution (commercial)							I*
Manufacturing, storage or use of explosives							I*
Material storage (open)							I*
Mineral extraction, borrow pit, topsoil removal and storage areas	R1*	R2*	R3*	MH*			I*	FP-R*
Petroleum tank farm (commercial)							I*
Radio or television tower	R1*	R2*	R3*	MH*	LB*	GB*	I*	FP-R*
Truck freight terminal						GB*
Warehouse, storage					LB	GB
Public facilities
Assembly halls for use by non- profit organizations					LB	GB	I
Charitable institutions	R1	R2	R3		LB	GB
Church or temple	R1	R2	R3		LB	GB
Kindergarten or day nursery	R1*	R2*	R3*		LB	GB
Municipal or government building	R1	R2	R3		LB	GB	I
Penal or correctional institution							I*
Police station or fire station	R1	R2	R3		LB	GB	I
Public library or museum	R1	R2	R3		LB	GB
Public park or recreational facility	R1	R2	R3	MH	LB	GB	I	FP-R
Public or commercial sanitary fill, refuse dump, or garbage disposal plant							I
Sewage disposal plant (primary use)		R2*	R3*		LB*	GB*	I*
Public or employee parking area		R2*	R3*		LB	GB	I	FP-R
Public water wells, water stations, filtration plants, reservoirs and storage tanks	R1*	R2*	R3*	MH*	LB*	GB*	I
Railroad right-of-way and necessary uses	R1*	R2*	R3*	MH*	LB*	GB*	I	FP-R*
School, public or parochial	R1	R2	R3		LB	GB	I
Telephone exchange or public utility substation	R1*	R2*	R3*		LB	GB	I
Trade or business school	R1*	R2*	R3*		LB*	GB	I
Transmission lines for gas, oil, electricity or other utilities	R1	R2	R3	MH	LB	GB	I	FP-R
University or college building	R1*	R2*	R3*		LB	GB
Business uses: appliances
Electric appliance service and sales					LB	GB	I
Radio-TV service and sales					LB	GB	I
Other similar uses					LB	GB	I
Business uses: automobile services
Automobile sales room					LB	GB	I
Automobile, mobile home or trailer sales area, open					LB	GB	I
Automobile repair (all repair indoors)					LB	GB	I
Filling or service station					LB	GB	I
Public garage						GB	I
Public parking area	R1*	R2*	R3*		LB	GB	I	FP-R*
Truck service center					LB*	GB*	I
Other similar uses					LB*	GB*	I
Business uses: clothing services
Dressmaking shop					LB	GB
Dry cleaning establishment(2)					LB	GB
Laundry agency					LB	GB
Millinery shop					LB	GB
Self-service laundry					LB	GB
Shoe repair shop					LB	GB
Tailor and pressing shop					LB	GB
Other similar uses					LB*	GB*
Business uses: food sales and service
Bakery, retail					LB	GB
Dairy, retail					LB	GB
Delicatessen					LB	GB
Grocery					LB	GB
Locker, cold storage, for individual use					LB	GB	I
Meat market					LB	GB
Restaurant					LB	GB
Roadside food sales stand	R1*	R2*	R3*		LB*	GB*
Supermarket					LB	GB
Wholesale produce terminal							I
Other similar uses					LB*	GB*	I*
Business uses: general
Bank					LB	GB	I
Business or professional office			R3*		LB	GB	I
Postal station			R3*		LB	GB	I
Radio or television station or studio					LB	GB	I
Telegraph office					LB	GB	I
Other similar uses					LB*	GB*	I*
Business uses: personal services
Barber shop					LB	GB
Beauty shop					LB	GB
Reducing salon					LB	GB
Other similar uses					LB*	GB*
Business uses: recreation
Bait sales					LB*	GB*	I*
Billiard room					LB	GB	I*
Bowling alley					LB	GB	I*
Country club or golf course	R1*	R2*	R3*				I*	FP
Dancing academy					LB	GB
Lodge or private club					LB	GB	I
Night club					LB	GB
Outdoor commercial recreational enterprise					LB	GB*	I	FP
Private recreational development	R1*	R2*	R3*		LB	GB	I	FP
Public camp							I*	FP*
Race track							I*
Riding stable							I*	FP*
Shooting range, outdoor							I*	FP*
Stadium, coliseum or athletic field	R1*	R2*	R3*		LB*	GB*
Tavern					LB	GB	I*
Theatre, indoor					LB*	GB*	I**
Theatre, outdoor					LB	GB	I*
Other similar business uses					LB	GB	I*
Business uses: retail sales
Apparel shop					LB	GB
Department store					LB	GB
Drugstore					LB	GB
Flower shop(4)					LB	GB
Garden shop					LB	GB
Gift shop					LB	GB	I
Hardware store					LB	GB	I
Jewelry store					LB	GB	I
Newsdealer					LB	GB	I
Record shop					LB	GB	I
Retail showroom					LB	GB	I
Stationery					LB	GB	I
Variety store					LB	GB	I
Other similar uses					LB*	GB*	I
Business uses: miscellaneous
Advertising sign(5)					LB	GB	I	FP
Auction sales yard							I*
Boat sales, service and storage	R1*	R2*	R3*		LB	GB	I
Cemetery or crematory					LB	GB	I*
Child care nursery		R2*	R3*		LB	GB
Clinic					LB	GB	I*
Commercial facility for breeding and raising non-farm fowl and animals					LB*		I
Farm equipment, sales and service					LB	GB	I
Hospital	R1*	R2*	R3*		LB	GB	I
Hotel or motel					LB	GB	I
Kennel					LB		I
Laboratories for testing and research excluding the raising of animals for research and excluding the testing of fissionable material					LB*	GB*	I
Mobile home park				MH
Mortuary		R2	R3		LB	GB	I*
Pet shop					LB	GB	I*
Photographic studio					LB	GB
Railway station or motor bus station					LB	GB
Retail business not otherwise covered					LB*	GB*	I*
Sales barn for livestock							I*
Self-service storage facility					LB*		I
Planned shopping center					LB*	GB	I*
Studio business (art, interior decorating music, and the like)(6)		R2*	R3*	MH*	LB	GB
Tourist home					LB*	GB*
Veterinary hospital for small animals					LB	GB	I*
Warehouse (grain storage facilities)					LB		I
Wholesale business					LB	GB	I
* Denotes permitted use when approved as a special exception, see § 154.36 ** Denotes use permitted in the district only if it has been approved by the Commission as necessary to the convenience of employees and the effective operation of an industrial use (1) When located on a tract not less than 20 acres in area (2) Using cleaning fluid which is non-explosive and non-inflammable, and using not more than three clothes cleaning units of not more than 40 pounds capacity (4) Including greenhouse not larger than 1,000 square feet in area (5) See § 154.35 for regulations (6) When located in an existing residential structure, the exterior and character of which shall not be changed

(Ord. 480, passed 11-16-1970; Ord. 95-611, passed 10-4-1995)

§ 154.28 RESIDENTIAL USES AND REQUIREMENTS.

(A) Residential uses. The residential uses defined below, including accessory buildings and uses are permitted in the districts indicated in Table 1 (§ 154.27), when complying with the requirements of the minimum lot and dwelling units in Table 2 (§ 154.28), subject also to the requirements of § 154.34 and the provisions of division (B) and (C) of this section.

(1) A single-family dwelling is a detached building designed for or occupied by one family exclusively.

(2) A two-family dwelling is a detached building designed for or occupied by two families. A duplex dwelling has one family unit above the other and a double dwelling has one family unit beside the other.

(3) A multi-family dwelling is a building designed for or occupied by three or more families exclusively for dwelling purposes.

(B) Residential requirements.

(1) Minimum lot size; residential uses. A lot on which a dwelling is erected or changed may not be smaller in area, in square feet per dwelling unit, than that prescribed for it in Table 2 of this section.

(2) Minimum lot width. A lot on which a dwelling is erected or changed may not be smaller in width in linear feet, than 100 feet, except when a sanitary sewer system and an approved public or community water supply system are installed and utilized by the dwelling, the minimum lot width may be reduced to 80 feet.

(3) Height of structures. Except as otherwise provided in this chapter, no residential structure shall exceed the height limits listed below:

Kind of Dwelling	R1	R2	R3
Single-family	25	25	25
Two-family		25	25
Multi-family		25	25

(4) Minimum yard size. The following are minimum yard sizes, except as otherwise provided in this chapter.

(a) Front yard. The minimum depth of front yard for a lot abutting a major arterial street is 60 feet. The minimum depth of front yard for a lot abutting a collector street is 40 feet. The minimum depth of front yard for a lot abutting a local access street is 25 feet.

(b) Rear yard. The minimum depth of rear yard for a single-family dwelling is 20 feet. The minimum depth of rear yard for two-family and multi-family dwellings is 15 feet.

(c) Side yard. The minimum width of each side yard for a single-family dwelling is 10% of the lot width. In no instance shall the width of each yard be less than eight feet nor need not be more than 25 feet. The minimum width of each side yard for a two-family or multiple family dwelling shall be 10% of the lot width but not less than eight feet.

(5) Minimum floor area; residential uses. No dwelling may be established, erected or changed so that its ground floor area, in square feet, is less than that prescribed by Table 2 of this section.

(6) Maximum lot coverage; residential uses. The residential buildings on a lot may not exceed in coverage the following percentages of total lot area:

Kind of Dwelling	R1	R2	R3
Single-family	30	35	35
Two-family		35	35
Multi-family		35	35

(7) Setbacks; vision clearance at intersections. At the intersection of each corner lot, the triangular space determined by the two lot lines at that corner and by a diagonal line connecting the two points on those lot lines that are 15 feet respectively from the corner shall be kept free of any obstruction to vision between the heights of three and 12 feet above the established grade.

(8) Aesthetic requirements.

(a) Siding material. Siding material used on residential dwelling units shall consist of any of the following: horizontal lap siding (wood, vinyl or aluminum); V-grooved tongue and groove siding; wood-grained vertical siding materials in a board and batten or reverse batten pattern; cedar or other wood shakes; stucco, brick; stibe or a combination of such siding materials, shall extend from the roof-line to the ground and completely enclose all under-floor space foundation.

(b) Roofing materials. Roofing materials used on the residential dwelling shall consist of the following: shingles, (asphalt, rubber or fiberglass) shakes, slate or tile materials.

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

(2) Accessory buildings. Accessory buildings are not permitted prior to the erection of principal buildings. No accessory building shall be located closer to a side or corner lot line than three feet nor exceed 18 feet in height and, if detached from the principal building, shall be set back at least 75 feet from any street or highway right-of-way line.

(3) Accessory uses.

(a) Accessory uses such as utility installations, walks, driveways, curbs, retaining walls, mail boxes, name plates, lamp posts, bird baths and structures of a like nature are permitted in any required front, side or rear yard. Fences, lattice-work screens, hedges or walls may be located in a required side or rear yard when they do not exceed seven feet in height and in a required front yard when they do not exceed four feet in height. Provided, however, that nothing contained in this chapter shall prohibit the erection of a fence of any height in connection with an agricultural use. Trees, shrubs, flowers, or plants are permitted in any required front, side or rear yard, subject to vision clearance requirements. Fence set back 18" from property line for maintenance purpose.

(b) A fence may be constructed of wood, metal, masonry or other material commercially sold for such purposes. Electrified wire, barbed wire, razor wire and other similar types of wire which may be dangerous for human contact shall not permitted in any residential district except in conjunction with an agricultural use. If more than one type of material is used in the construction of a fence, the materials must be used in a consistent design or pattern for the entire length of the fence. Fences shall be of uniform height and width for their entire length, with the exception of support posts which may exceed the height of other parts of the fence by a maximum of one foot. Fence support posts shall be of uniform height over the entire length of the fence.

(4) Front yard.

(a) Where 25% or more of the lots in a block are occupied by buildings, the average setback of such buildings determines the dimension of the front yard in the block, however, if there are no other buildings within 330 feet of the proposed building in either direction, then the standard setback for the district shall apply.

(b) Front yard or building setback lines established in recorded subdivisions establish the dimension of front yards in such subdivisions, except when such building setback lines may be less restrictive as provided in § 154.03.

(5) Projections into yards.

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

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

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

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

(D) Uses requiring special exceptions. The uses listed in Table 1 (§ 154.27) are subject to the standard setbacks for residential uses in the various districts unless otherwise specified in § 154.36.

Table 2
Kind of Dwelling	Lot Area in Square Feet Per Dwelling Unit
Kind of Dwelling	R1	R2	R3
Single-family dwelling where no utility systems are installed	16,000	16,000	16,000
Single-family dwelling where a sanitary system is installed and utilized	14,000	12,000	10,000
Single-family dwelling where an approved public water supply is installed and utilized	14,000	12,000	10,000
Single-family dwelling where both sanitary and water systems are installed and utilized	12,000	11,000	9,000
Medium density multi-family where no utility systems are installed		10,000	10,000
Medium density multi-family where a sanitary system is installed and utilized		8,500	7,500
Medium density multi-family where an approved public water supply is installed and utilized		9,000	8,000
Medium density multi-family where both sanitary and water systems are installed and utilized		8,000	6,500
Urban density multi-family dwelling where no utility systems are installed			7,000
Urban density multi-family dwelling where a sanitary system is installed and utilized			5,500
Urban density multi-family dwelling where an approved public water supply is installed and utilized			5,500
Urban density multi-family dwelling where both sanitary and water systems are installed and utilized			4,000

Table 2A Ground Floor Area in Square Feet, Per Dwelling Unit
Kind of Dwelling	R1	R2	R3
One-story dwellings
Single-family	1,200	960	960
Two-family		960	960
Multi-family	(Same as two-family for first two dwelling units plus 400 square feet living area per each additional dwelling unit)
More than one-story dwellings
Single-family	900(1)	800(2)	720(3)
Two-family		800(2)	720(3)
Multi-family	(Same as two-family for first two dwelling units plus 400 square feet living area per each additional dwelling unit)
(1) Not less than 1,350 square feet total for 1st and 2nd floors (2) Not less than 1,200 square feet total for 1st and 2nd floors (3) Not less than 1,100 square feet total for 1st and 2nd floors

(Ord. 480, passed 11-16-1970; Ord. 93-596, passed 7-26-1993; Ord. 95-611, passed 10-4-1995)

§ 154.29 HOME OCCUPATIONS.

A home occupation may be conducted as an accessory use in any dwelling unit subject to the following requirements, conditions and restrictions:

(A) The home occupation must be conducted entirely within the confines of the dwelling unit to which it is accessory, or within the confines of an accessory building located on the same premises and which is otherwise permissible or lawfully existing, excepting the marketing of garden produce grown on the lot or premises on which the dwelling is located or a lot adjacent to that;

(B) When conducted within a dwelling unit, the home occupation may not occupy more than 25% of the total floor space of the dwelling unit, and the remaining floor space devoted to living purposes may not be less than the minimum total floor are, if any prescribed for that type of dwelling unit in the zoning district;

(C) No structural alterations, enlargements or exterior alterations changing the residential appearance of the dwelling or lot may be made;

(D) No advertising signs or symbols indicating the conduct of the home occupation may be displayed, except for a single nameplate not exceeding one square foot in size and not illuminated;

(E) The principal operator of the home occupation must reside at the dwelling where the home occupation is established;

(F) Persons who do not reside at the dwelling where the home occupation is established may not participate in the home occupation without prior written approval of the Plan Commission. Plan Commission approval shall be contingent upon its determination that such approval would not tend to change the character of the use of the premises as supporting a dwelling;

(G) Other than the incidental sale of items directly related to the business entailing a permissible home occupation, no direct retail selling of products or goods to the general public shall be conducted on the premises;

(H) If clients, patients, and the like are expected to come to the premises for services or if a persons other than those residing in the dwelling participation the home occupation, additional parking from that required under § 154.28 shall be available. The amount, location and other characteristics of this required additional parking shall be subject to the approval of the Plan Commission;

(I) No hazardous substances shall be used in the home occupation without the approval of the Plan Commission. Plan Commission approval shall be contingent upon its determination that the storage and use of the substances do not pose a risk to the public;

(J) The home occupation shall not interfere with the reasonable use and enjoyment of adjacent properties; and

(K) The following uses are specifically prohibited as home occupations:

(1) Massage parlors;

(2) Taverns or food serving establishments (other than off-premises catering);

(3) Veterinary clinics; and

(4) Animal breeding or livestock husbandry.

(Ord. 95-611, passed 10-4-1995)

§ 154.30 PLANNED RESIDENTIAL DEVELOPMENTS.

(A) Purpose. To encourage good land and building site design, to encourage and allow a variety of housing types, but subject to the general density of the applicable zoning district with respect to the total area to be developed under this procedure, and to allow the development of land areas so located or situated as to require special consideration by granting specific exceptions to the required standards.

(B) Procedure. The authorization of a planned residential development to be located in any district as described in this section shall be subject to the following conditions in addition to the regular procedure for zoning or platting approval.

(1) Preliminary consultation and preliminary plan.

(a) The owner or owners proposing to develop land as a planned development shall consult with the Building Commissioner before submitting the development plan to the Commission for approval. At this consultation, two copies of a preliminary plan of the proposed development, containing the following information, shall be presented for staff advice:

1. Proposed layout of streets, buildings, lots and other elements basic to the proposed use in relationship to site conditions.

2. Proposed locations of commercial, industrial, residential, park, school, recreational and other public and semi-public uses within or near the area proposed to be developed.

3. Proposed plan for handling vehicular traffic, parking, sewage disposal, drainage, water supply and other pertinent site development features.

(b) The preliminary plan may be a freehand pencil drawing but shall be superimposed upon a print of a topographic survey of the area proposed to be developed and may include any other graphic mediums which will explain the features to be contained within the development.

(2) At the conclusion of the consultation the Building Commissioner shall make note in writing on the preliminary plans his or her unofficial agreement or disagreement with the preliminary plans and the other information presented. One copy of the preliminary plans shall be retained in the Offices of the Commission for filing and one copy furnished to the applicant.

(3) Application for approval of a planned development may then be made to the Commission by the submittal of three copies of a development plan and any other desired supporting documents to the Commission. The Commission shall carefully consider the development plan and recommendations thereto of the Building Commissioner. The Commission may approve, recommend the development as submitted, disapprove, or may modify, alter, adjust or amend the plan. The development plan if approved shall be stamped “Conditionally Approved Development Plan” and be signed by the officers of the Commission and one copy shall be retained in the offices of the Commission for filing and one copy furnished to the applicant.

(4) These recommendations and all conditions if any shall be recorded in the minutes of the Commission meeting and the plan with any amendments thereto, shall become a part of the records of the Commission and shall include a finding as to whether the proposed development is consistent with the master plan of the town.

(5) Approval by the Commission shall expire after a period of three years unless all portions of the development have been platted and recorded, unless an extension of time is granted by the Commission.

(6) (a) After the development plan has been conditionally approved by the Commission, application may then be made to the Commission for plat approval of all or any portion of the land designated on the development plan by the submittal of a plat or plats which shall set forth all the conditions as required under division (B) and the Subdivision Control Ordinance.

(b) To carry out the design and conditions as shown or set forth in the development plan and supporting documents, the applicant may be required by the Commission to reserve or to provide for the reservation of land for park and school purposes and the dedication of land for streets and other rights-of-way; and by appropriate covenants, to restrict areas perpetually as open space, private roads or other public or semi-public uses, and the like, for common use.

(1) If in approving any plat, the Commission finds that it is desirable or necessary that there be special exceptions to the zoning ordinance, the Commission may recommend to the Board that special consideration be given to the granting of specific exceptions to the required standards of this zoning ordinance. The Commission shall transmit to the Board a report setting forth the reasons for its recommendations and indicating the suggested limit to any special exceptions granted.

(2) The tract or parcel of land involved must be either in one ownership or the subject of an application filed jointly by the owners of all property included (the holder of a written option to purchase land shall for purposes of such application be deemed to be an owner of such land) or by any governmental agency. It must constitute an area of at least 3.5 acres, or be bounded on all sides by streets, or by public open spaces, or the boundary, lines of less restrictive use districts.

(3) The development plan may indicate a proposed subsequent division of the land into separate units under one ownership or into one or more separately owned and operated units. Such proposed subsequent divisions, if approved along with the development plan, shall be permissible without any further approval of said plan; otherwise, subsequent division of the land shall be permitted only upon re-application to the Commission for approval of a revised development plan and resubmittal to the Board. The separation of units for purposes of platting shall follow the rules of the Subdivision Control Ordinance.

(4) The proposed development must be designed to produce an environment of stable and desirable character in keeping with the principles of good neighborhood design, and must provide standards of open space and areas for parking adequate for the occupancy proposed, or equal to the requirements of this chapter. It must include provisions for recreation areas to meet the needs of the anticipated population or as specified in the master plan.

(5) A planned residential development may contain commercial, industrial, professional, or special uses as an integral part of a residential development but such uses shall be planned and gauged primarily for the service and convenience of the residents of the Planned Development, except that when such a development will interfere with the general pattern of commercial, industrial, professional, or special use zoning, such uses shall not be permitted.

(6) Upon the abandonment of a particular project authorized under this section, or upon the expiration of three years from the authorization hereunder of a planned development which has not been completed (or commenced with an extension of time for completion granted according to the requirements of division (B)(5), the authorization shall expire and the land and the structures thereon shall only be used for any other lawful purpose permissible within the zoning district in which the planned development is located.

(7) No improvement location permit, or certificate of occupancy shall be issued until all requirements, conditions and facilities shown on the development plan and supporting documents are adhered, to, unless specific exceptions have been granted by the Board.

(D) Development plan. The development plan shall consist of at least the following documents: site plan, area map, topographic map. Additional graphic or explanatory materials may be included to explain or document the proposed development. These plans may be prepared in such a manner that they may subsequently be used to satisfy the requirements of the platting procedure, and shall present the information and data specified for the submittal of a plat by the subdivision control ordinance of the town.

(E) Covenants. Covenants when required by the Commission shall provide for at least the following provisions satisfactory to the Commission.

(1) Organization. Adequate provision for some type of organization with direct responsibility to, and control by, the property owners involved to provide for the operation and maintenance of any and all common facilities jointly shared by said property owners.

(2) Financial guarantee. Financial guarantee that satisfactory maintenance shall be provided for all common facilities jointly shared by said property owners providing that these common facilities shall be maintained to agreed upon standards prescribed by the organization or property owners of the area and set forth in the covenants and to be operated and maintained at no expense to the county or any other governmental unit.

(3) Private streets. For private streets hereinafter established in the town, the following procedure shall be followed:

(a) Construction standards. All private street rights-of-way and pavement shall be constructed in conformance with the minimum street specifications as set forth in the subdivision control ordinance unless special exceptions are recommended by the Commission to the Board as a part of the development plan and plat, and such special exception is granted by the Board. The Board may, in approving a development plan which is proposed to contain private streets, permit a narrower width of paved surface than is required by the above specifications. Such approval for reduced widths shall be based upon the street circulation system as shown in the development plan. In no event shall the permitted pavement width be less than 18 feet.

(b) Posting. At or near the entrance of each intersection of a private street with a dedicated public street there shall be erected and maintained by applicant or organization a sign post to which is attached a sign having an area of at least 15 inches by 21 inches upon which is printed and clearly legible in at least two-inch letters the name of the private street and the words “PRIVATE STREET” and in at least one-inch letters the words “NOT DEDICATED FOR PUBLIC USE OR MAINTAINED BY THE PUBLIC”. The words, letters and figures of the sign shall be arranged in substantially the following manner:

(NAME OF STREET)

PRIVATE STREET

NOT DEDICATED FOR PUBLIC USE

OR MAINTAINED BY THE PUBLIC

(c) Maintenance. All private streets shall be maintained by the owners of property contiguous or adjacent thereto or by aforesaid private organization in such a manner that adequate access by vehicular traffic is provided at all times so that fire, police, health and sanitation vehicles and public utility vehicles can serve the properties contiguous or adjacent thereto, and so that said vehicles will have adequate turning area.

(Ord. 480, passed 11-16-1970)

§ 154.31 BUSINESS USES AND REQUIREMENTS.

(A) Permitted uses. The business uses specified in Table 1 (§ 154.27) are permitted in the districts shown in the table, when complying with the requirements specified in Table 3 (§ 154.31) subject also to the provisions of § 154.34 and division (B) of this section.

(B) Other provisions and requirements for business uses.

(1) Parking spaces as set forth in § 154.34 shall be provided on the lot, or within 300 feet thereof on a site approved by the Board. Parking is permitted in the required front yard in an LB or GB District.

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

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

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

(5) Loading and unloading berths as set forth in § 154.34 shall not be required for business uses which demonstrably do not receive or transmit goods or wares in quantity by truck delivery.

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

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

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

(9) No business operation or activity shall discharge, or cause to be discharged, liquid or solid wastes into public waters, public ditches and drains, sanitary and stormwater sewers or onto public streets, alleys or other public property or right-of-ways, unless in compliance with all of the town code requirements, the regulations of the Indiana Department of Environmental Management and the U.S. Environmental Protection Agency and all other applicable state and federal laws and regulations. Plans and specifications for proposed sewage and other waste treatment and disposal facilities shall be submitted to and approval obtained from the Indiana Department of Environmental Management.

Table 3 Business Use Requirements
Requirements	Specifications by District
Minimum side yard in blocks not including a Residential District	None
Vision clearance on corner lots required	Yes

(Ord. 480, passed 11-16-1970; Ord. 95-611, passed 10-4-1995)

§ 154.32 INDUSTRIAL USES AND REQUIREMENTS.

(A) An industrial use is one which requires both buildings and open area for manufacturing, fabricating, processing, extraction, heavy repairing, dismantling, storage or disposal of equipment, raw materials, manufactured products or wastes, and provided the use conforms to Table 4 and the following performance standards:

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

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

(3) Dust. No dust of any kind produced by the industrial operations shall be permitted to escape beyond the limits of the property being used.

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

(5) Gases and fumes. No gases or fumes toxic to persons or injurious to property shall be permitted to escape beyond the building in which it occurs.

(6) Glare. No glare shall be seen from any street or any residential area.

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

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

(9) These performance standards are in addition to any related requirements imposed by the regulations of the Indiana Department of Environmental Management and the U.S. Environmental Protection Agency and all other applicable state and federal laws and regulations.

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

(C) Each industrial use shall provide loading and unloading berths located on the same lot as the use, as specified in Table 5.

Table 4 Industrial Uses and Requirements
Requirement	Type of Uses Industrial
District(s) in which use is permitted	I
Minimum side yard required in feet where industrial use adjoins a residential district	6
Minimum side yard in feet, if provided	6
Minimum rear yard in feet	15
Maximum building height in feet	75
Maximum lot coverage in percent of lot	None, except for required yards
Vision clearance on corner lots	Yes

Table 5 Industrial Uses - Loading and Unloading Berth Requirements
Gross Floor Area of Industrial Use in Square Feet	Number of Berths Required
15,000 or less	1
15,001 to 40,000	2
40,001 to 100,000	3
Each 40,000 additional	1 additional

(Ord. 480, passed 11-16-1970; Ord. 95-611, passed 10-4-1995) Penalty, see § 154.99

§ 154.33 FLOOD HAZARD DISTRICT REQUIREMENTS.

(A) In addition to the permitted uses authorized for Flood Hazard or Flood Plain - Recreational Districts indicated in § 154.27 (Table 1), the following primary and accessory uses are permitted in this district:

(1) Driveways and parking areas for non-commercial automobiles and trucks.

(2) Entrance gates, fences, and similar structures provided that they do not interfere with the movement of water.

(3) Plantings of agricultural crops, grass, flowers, trees and scrubs.

(4) Structures only serving recreational activities.

(B) The boundaries of this district may be changed to remove an area or parcel of property from the district if the Indiana Natural Resources Commission determines that this would not endanger public welfare.

(Ord. 480, passed 11-16-1970; Ord. 95-611, passed 10-4-1995)

§ 154.34 PARKING SPACE AND LOADING BERTH REQUIREMENTS.

(A) Parking space. Parking spaces shall be provided as indicated in Table 6.

(B) Parking area. A parking area for some uses may not be located closer to a residential use than the distance, in feet, listed opposite it in Table 7.

(1) Business uses, except those that do not receive or transport goods in quantity by truck delivery, shall be provided with loading berths (which, if open, shall be paved with a hard or dustproof surface), as shown in Table 8.

(2) Each of the uses for which special exceptions are provided by § 154.36 shall be provided with loading berths, as shown in Table 9. Loading berths so provided must not face on the bordering highway and must be at least as far from the nearest residential use as the number of feet shown.

(3) For the uses, loading berths, if any, must be at least as far from the nearest residential use as the number of feet respectively shown in Table 10.

(4) Industrial uses shall be provided with loading berths, as shown in Table 11.

(5) Each loading berth prescribed by this section must provide at least a 12-foot by 45-foot loading space, with a 14-foot height clearance.

(6) As used in this section, the term “loading berth” means an off-street, off-alley area designed or used to load goods on, or unload from, vehicles.

Table 6 Parking
Primary Use	Parking Space Requirements
Residential uses
Boarding or lodging house	1 for each 3 occupants plus 1 for visitors plus 1 for service vehicles
Dwelling, single-family	2
Dwelling, two-family	2 plus 1 for visitors
Dwelling, multi-family	1½ per dwelling unit plus 2 for service vehicles
Fraternity, sorority, or student cooperative	1 for each 3 occupants
Home for the aged, nursing home	1 for each 2 employees plus 1 for each 5 occupants plus 3 for visitors and service vehicles
Planned residential development	2 per dwelling unit
Mobile home	See § 154.37
Agricultural uses
Commercial greenhouse	1 per 3 employees plus 1 per 125 square feet of sales area
Greenhouse (not exceeding 1,000 square feet)	1 per 3 employees
Plant nursery	1 per 3 employees plus 1 per 125 square feet of sales area
Industrial uses
Bottled gas storage and distribution	1 per 2 employees
Industrial park	1 per each 1% plant employee, plus 1 per each managerial personnel
Industry
Junk yard	1 per 2 employees
Liquid fertilizer storage and distribution	2 per 3 employees
Manufacturing, storage or use of explosives
Material storage, open
Mineral extraction, borrow pit, topsoil removal and storage areas
Petroleum tank farm	2 per 3 employees
Radio or television tower	1 per employee per shift
Truck freight terminal	1 per employee plus 4 for customers
Public facilities
Assembly halls	1 for each 3 seats
Charitable institutions	1 for each 2 employees plus 1 for each occupant plus 3 for visitors and service vehicles
Church or temple*	1 for each 3 seats in main auditorium
Kindergarten or day nursery	1 per 2 employees plus 1 per 5 children to be accommodated
Municipal or government building	1 for each 125 square feet ground floor area of building(s)
Penal or correctional institution	1 per 3 employees plus 1 per 10 inmates at estimated capacity
Police station or fire station	2 per 3 employees per shift
Public library or museum	1 for each 125 square feet ground floor area of building(s)
Public park or recreational facility	As determined by Board
Public or commercial sanitary fill, refuse dump, or garbage disposal plant	1 per employee per shift
Sewage disposal plant	1 per employee per shift
Railroad right-of-way and necessary uses	1 per 2 employees where headquartered
School, public or parochial	1 for each 3 members of staff plus one for each 6 seats in auditorium
Telephone exchange or public utility substation	2 per 3 employees
Trade or business school	1 per 3 employees plus 1 per 6 students
Business uses: appliances
Electric appliance service and sales	1 per each 125 square feet of floor area
Radio-TV service and sales
Other similar uses
Business uses: automobile services
Automobile sales room	1 for each 1000 square feet of the premises used for retail purposes
Automobile or trailer sales area, open
Automobile repair (all indoors)	1 for each 200 square feet of floor area
Filling or service station	1 per employee
Other similar uses	As determined by the Board
Business uses: clothing services
Dressmaking shop	One for each 125 square feet of floor area
Drycleaning establishment
Laundry agency
Millinery shop
Self-service laundry
Shoe repair shop
Tailor and pressing shop
Other similar uses
Business uses: food sales and services
Bakery, retail	One for each 125 square feet of floor area
Dairy, retail
Delicatessen
Grocery
Locker, cold storage, for individual use
Meat market
Restaurant
Roadside food sales stand
Supermarket
Wholesale produce terminal
Other similar uses
Business uses: general business
Bank	One for each 500 square feet of floor area
Business or professional office
Postal station
Telegraph office
Other similar uses
Radio or television station	One for each employee
Business uses: personal service
Barber shop	One for each 125 square feet of floor area
Beauty shop
Reducing salon
Other similar uses
Business uses: recreation
Bait sales	1 for each 125 square feet of floor area
Billiard room	1 for each 125 square feet of floor area
Bowling alley	3 for each lane plus 1 for each 6 spectator seats
Country club or golf course	1 per 2 customers or members
Dancing academy	1 for each 200 square feet of floor area
Lodge or private club	Space to accommodate 50% of the active membership at 1 space per each 3 members
Night club	1 per 2 customers or members
Outdoor commercial recreational enterprise	1 per 3 employees plus 1 per 500 square feet of use area
Private recreational development	1 per 2 customers or members
Public camp	1 per camp site and one per cabin
Race track	1 per 3 employees plus 1 per 500 square feet of use area
Riding stable	1 per 5,000 square feet
Shooting range	1 per employee plus 1 per 500 square feet of use area
Stadium or coliseum	3 per 4 employees plus 1 per 4 seats
Tavern	1 for each 125 square feet of floor area
Theatre, indoor	1 for each 6 seats
Theatre, outdoor	1 per 2 employees
Other similar uses	As determined by the Board
Business uses: retail sales
Apparel shop	1 for each 125 square feet of floor area
Drugstore
Flower shop
Garden shop
Gift shop
Hardware store
Jewelry store
Newsdealer
Pet shop
Record shop
Retail showroom
Stationer
Variety store
Department store	1 for each 200 square feet of floor area
Other similar uses	As determined by the Board
Business uses: miscellaneous
Auction sales yard	As determined by the Board
Boat sales, service and storage	1 per 2 employees plus 4 for customers
Cemetery or crematory	1 per 2 employees plus 1 per 4 auditorium seats
Clinic	1 per 2 employees plus 3 per doctor
Commercial facility for breeding and raising non-farm fowl and animals	1 per 3 employees plus 1 per 125 square feet of sales area
Farm equipment, sales and service	1 per 2 employees plus 4 for customers
Home occupation	1 additional
Home professional office	2 additional
Hospital	1 per 4 beds plus 1 per doctor plus 1 per 3 employees plus 1 per hospital vehicle
Hotel	1 per each 3 employees plus 1 for each sleeping room
Motel	1 per employee plus 1 per sleeping accommodation
Kennel	1 per each 2 employees plus 1 space per each 3 animals to be confined in temporary or permanent pens
Veterinary hospital for small animals
Laboratories	1 for each 1½ general employees plus 1 for each 8 managerial personnel
Warehouse (grain storage facilities)	1 per 2 employees
Mobile home park (resident)	1 per 2 employees plus 1 per mobile home stand
Mortuary	1 per 6 seats in main auditorium
Railway station or motor bus station	1 per each 3 employees plus 1 per each 10 seats in waiting room; other retail uses in connection therewith shall provide 1 space for each 2 employees
Photographic studio	1 for each 5 seats in main auditorium
Sales barm for livestock resale	As determined by the Board
Tourist home	1 per employee plus 1 per sleeping accommodation
Travel trailer park (transient)	1 per 2 employees plus 1 per trailer
Retail business not otherwise covered	As determined by the Board
Studio business	1 per 2 employees, plus 4 for customers
Shopping center	1 per 60 square feet of sales area
* A church or temple requiring public parking area at times when nearby uses do not need their parking facilities, by agreement approved by the Board, may utilize such facilities-in lieu of providing their own parking facilities

Table 7 Parking Area
Use	Distance from Residential Use (Feet)
Clinic or medical health center	10
College building	25
Country club or golf course	10
Fire station or police station	10
General industry	25
Hospital	25
Industrial park	25
Junk yard	300
Light industry	25
Mobile home park, travel trailer park	25
Motel	25
Outdoor commercial recreational enterprise	25
Penal or correctional institution	300
Private recreational development	25
Produce terminal	100
Public camp	25
Raising and breeding of non-farm fowl and animals, commercially except kennel	25
Shopping center	50
Stadium or coliseum	25
Truck freight terminal	100
Sales barn for livestock resale	100
Warehouse (grain storage facilities)	100
Wholesale produce terminal	100

Table 8 Loading Berths - Business Uses
Use	Gross Floor Area (Square Feet)	Berths
Retail stores, department stores, wholesale establishments, storage uses, and other business uses	3,000 or more but not more than 15,000	1
	Each 25,000 or fraction thereof, more than 15,000	1 additional
Office buildings	100,000 or less	2
	More than 100,000 but not more than 336,000	2
	Each 200,000 or fraction thereof, more than 335,000	1 additional

Table 9 Loading Berths
Use	Berths	Distance From Nearest Residential Use (Feet)
Commercial facilities for raising and breeding non-farm fowl and animals	1	100
Commercial greenhouse	15,000 square feet or less 1 Over 15,000 square feet 2	50
Hospital	200 beds or less 1 More than 200 but not more than 500 beds 2 More than 500 beds 3
Junk yard	2	300
Riding stable	1
Studio business	1
Stadium or coliseum	2	50
Sales barn for livestock resale	1	100

Table 10 Loading Berths
Use	Distance From Nearest Residential Use (Feet)
Mineral extraction, borrow pit, topsoil removal, and their storage arenas	300
Outdoor commercial recreational enterprise	50
Penal or correctional institution	300
Truck freight terminal	100

Table 11
Gross Floor Area of Industrial Use (Square Feet)	Berths
15,000 or less	1
More than 15,000 but not more than 40,000	2
More than 40,000 but not more than 100,000	3
Each 40,000 or fraction thereof, more than 100,000	1 additional

(Ord. 480, passed 11-16-1970)

§ 154.35 ADVERTISING SIGNS.

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

(1) 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 or interfere with the view of, or be confused with any authorized traffic control sign, signal or device.

(2) 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.

(3) No exterior sign having flashing, intermittent, or animated illumination shall be permitted except in the LB and GB Districts wherein general street lighting is provided and traffic movement on adjoining streets is regulated at 40 miles per hour or less.

(B) In any district, the provisions of this section shall apply.

(1) No part of any sign which is attached to a building shall be erected to a height greater than the height of the building.

(2) No illuminated signs shall be permitted within 100 feet of property in any residence district unless the illumination of such sign is so designed that it does not reflect or shine light onto such property.

(3) No part of any freestanding sign shall be erected to a height greater than that specified for accessory structures in the district in which the sign is located.

(4) The minimum set-back of freestanding signs from street rights-of-way shall not be less than those specified by Table 12.

(5) 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.

(6) No freestanding sign shall be erected or maintained within ten feet of any side lot line.

(1) A nameplate which shall not exceed one square foot in area is permitted for each dwelling unit of a single-family, two-family, or row house structure; such nameplate shall indicate nothing other than name and/or address of the occupant, and/or customary home occupation. No other sign shall be allowed. This division shall not be constructed to prohibit each dwelling unit from also displaying a house numbering plate for identification.

(2) Multiple-family residences and residential projects of all types may display identification signs indicating nothing other than name and/or address of the premises and/or the name of the management. Such signs shall not exceed nine square feet in area.

(3) For uses other than those listed in subsections (1) and (2), bulletin boards or identification signs 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 signs shall not exceed 12 square feet in area.

(4) For each use of subsections (2) and (3) eligible to display a sign, only one sign per street frontage shall be permitted; except that uses occupying extended frontages shall be permitted one such sign per 500 feet of frontage.

(D) In any business district, except as herein provided, the provisions of this division shall apply.

(1) Residential uses shall be subject to the provisions of division (C).

(2) Each primary use other than those listed in subsection (1) shall be permitted signs as accessory uses according to the number and net area of signs set forth in Table 13.

(3) Except in those blocks where 25% of the lots are already occupied by business uses and where overhanging signs are already established, no sign shall project over a lot line and no sign shall project into a required yard by more than two feet.

(E) In any industrial district, each business or industrial use shall be permitted identification signs on the lot only as incidental uses, not to exceed two such signs of the net area set forth in Table 14.

(F) The signs permitted by this division shall be allowed in any district.

(1) Each public recreation, community facility, or clinic use, shall be permitted one bulletin board or identification sign, not to exceed 12 square feet, except that uses occupying extended frontages shall be permitted one such sign per 500 feet of frontage.

(2) Each permitted or required parking area that has a capacity of more than five cars shall be permitted one sign, not more than two square feet in area, designating each entrance or exit from such parking area; and one sign, not more than nine square feet in area, identifying or designating the conditions of use of such parking area for each 25 spaces, except that a minimum of one such sign shall be permitted.

(3) One “for sale” or “for rent” sign not be more than 12 square feet in area for each dwelling unit, garage, or other quarters where appropriate.

(4) One sign, not more than 20 square feet in area, pertaining to the sale of agricultural products raised on the premises.

(5) Signs established by, or by order of, any governmental agency.

(6) One sign, not more than 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 under way.

(7) For an event of public interest such as a county fair, or church event, one sign, not over 24 square feet in area and located upon the site of the event shall be permitted. Such sign shall not be erected more than 30 days before the event in question and shall be removed immediately after such event. Also, directional signs not more than three square feet in area, showing only a directional arrow and the name of the event of public interest shall be permitted. Such signs shall not be erected more than 14 days before the event in question and shall be removed immediately after such event.

(8) For each real estate subdivision that has been approved in accordance with the subdivision regulations, one sign, not over 300 square feet in area, advertising the sale of property in such subdivision shall be permitted, but only when located on 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 signs shall be issued for one-year periods and may be renewed for additional one-year periods to allow time for reasonable display.

(G) This section shall apply to all signs hereafter erected and to existing signs which shall be given approval by the Board. All advertising signs or structures hereinafter erected shall conform to the requirements set out in this section.

(H) The Building Commissioner shall record the location of all advertising signs and structures hereinafter erected under the terms of this section and identify same with the appropriate mark or tag.

(I) Any person violating any of the provisions of this section shall be subject to the penalties and provisions as contained in this chapter. Owners of real estate that permit the erection of advertising signs or structures on their premises, in violation of this section, shall also be subject to the penalty provisions of this chapter.

Table 12 Minimum Sign Set-Backs
Area of Sign Per Face	Minimum Set-Back (Feet)
5 square feet or less	2
5 to 14.9 square feet	10
15 to 49.9 square feet	20
50 to 9 9.9 square feet	30
100 or more square feet	60

Table 13 Business Use Signs and Sign Area
District	Number of Signs	Net Sign Area (each)
LB	1	30 square feet
GB	2	40 square feet

Table 14 Industrial Use Signs and Sign Area
District	Net Sign Area (each)
I	300 square feet

(Ord. 480, passed 11-16-1970) Penalty, see § 154.99

§ 154.36 SPECIAL EXCEPTIONS, REQUIREMENTS AND PROCEDURES.

(A) Permitted uses. The special exceptions listed in Table 15 and their accessory buildings and uses may be permitted by the Board in the Districts indicated in Table 1 (§ 154.27), in accordance with the procedure set forth in this section and the requirements listed in Table 15.

(B) Requirements.

(1) Upon receipt of an application for an improvement location permit for a special exception, the Building Commissioner shall refer such application to the Commission for investigation as to the manner in which the proposed location and character of the special exception will affect the master plan. The Commission shall report the results of its study to the Board within 45 days following receipt of the application. If no such report has been filed with the Board within this time period, the Board may proceed to process the application.

(2) The Board shall then proceed with a hearing on the application in the manner prescribed in § 154.71. Following the hearing, and upon an affirmative finding by the Board that:

(a) The proposed special exception is to be located in a District wherein such use may be permitted;

(b) The requirements set forth in Table 15 for such special exception will be met, and

(c) 1. The special exception is consistent with the spirit, purpose and intent of this chapter, will not substantially and permanently injure the appropriate use of neighboring welfare.

2. The Board shall order the Building Commissioner to issue an improvement location permit for the special exception.

(C) Existing uses. An existing use which is listed herein as a special exception, and which is located in a district in which such special exception may be permitted, is a conforming use. Any expansion of such special exception involving the enlargement of the buildings, structures and land area devoted to such use shall be subject to the procedure described in this section.

(D) Exceptions. The use of any land for the purposes for which it may be acquired by purchase or condemnation by any person, corporation or other body having the right to exercise the power of eminent domain, is excepted from the provisions of this chapter. Any such person, corporation or other body shall at least 60 days prior to construction inform and discuss the location of said utility with the Plan Commission at a regularly scheduled meeting and within 60 days after the completion of the construction, erection or installation on or in any such land of any structure, building or facilities relating to such use or employment deliver to the Building Commissioner a map showing, at least every half mile, the location of such structure, building or facilities in relation to the nearest section corner, the location of streams, open and tile ditches, and county highways crossed, and with respect to underground facilities the depth thereof below the surface of the ground.

(E) Time limitation. In the event that the applicant has failed to commence construction within 24 months after such permit has been issued, or has failed to proceed with construction, once commenced, in accordance with construction time tables commonly prevailing in the construction industry, subject to the Board’s discretion as to the reasonableness of construction delays, or fails to conform to the provisions of the development plan and supporting data finally approved by the Board and upon the basis of which such improvement location permit for special exception was issued, said Board may upon its own motion or upon the written petition of any aggrieved person at-public hearing require the applicant to show cause why the Board’s order should not be withdrawn and the improvement location permit for special exception revoked.

Table 15 Special Exceptions and Requirements
Requirement Designation	Requirement
a.	Classification of use permitted
1.	Light Industrial
2.	Local Business
b.	Minimum Lot area
1.	#
2.	1,500 square feet
3.	110 square feet per child
4.	25,000 square feet
5.	20,000 square feet plus 5,000 square feet per horse over four horses
6.	1 acre
7.	5 acres
8.	5 acres including 2,500 square feet per mobile home stand
9.	6 acres
10.	20 acres
11.	40 acres
12.	80 acres
13.	320 acres
14.	Two times requirement for single-family dwelling
15.	2 acres or more
c.	Minimum Yards (Feet)
	Front	Side (Each)	Rear
1.	#	#	#
2.	#	50	50
3.	#	10	30
4.	#	40	40
5.	#	–	–
6.	100	40	40
7.	100	Abutting residential	75
		Abutting other use	35
8.	#	20	#
9.	150	150	150
10.	100	100	100
11.	300	300	300
d.	Building setback from center line of interior road (feet)
1.	40
2.	50
3.	85
e.	Use permitted not closer than 300 feet to a Residential District
f.	Minimum gross floor areas of principal building(s) (square feet)
1.	#
2.	Over 1,000
3.	Determined by number of children to be accommodated
4.	400
5.	Two times single-family dwelling
g.	Plan of landscape development to be submitted with application
h.	Maximum height of structure (feet)
1.	#
2.	As required by appropriate state or federal agency
3.	Same as Light Industrial
4.	45
5.	70
i.	Fence
1.	6-foot wire mesh where accessible to the public
2.	6-foot wire mesh when located at ground level
3.	4-foot wire mesh around play area
4.	Solid wall or solid painted fence 8 feet high
5.	4-foot wire mesh in residence area
6.	Painted board fence 8 feet high
7.	Adequate to protect abutting use
8.	6-foot wire mesh
9.	6-foot solid painted for refuse dump
j.	Screen planting where abutting residential use (tight screen, effective at all times)
1.	6-foot height by 6-foot width
2.	25 feet abutting Residential District or use
3.	8-foot height by 6-foot width
4.	Adequate to screen power substation from street view
5.	6 feet high along streets for refuse dump
o.	Plat approved by the Commission to be submitted with application
p.	Development plan to be submitted with application
q.	Covenant by owners to perpetuate maintenance and approve future improvements
r.	Maximum number of principal entrances from major thoroughfare
1.	1
2.	2
s.	Acceptable relationship to major thoroughfare
t.	Thoroughfares must be adequate to carry additional traffic engendered by use
u.	Other authority approval required
1.	Indiana Department of Environmental Management
2.	Indiana Department of Transportation
3.	I.C. 36-7-4-1103
v.	Outdoor advertising signs and outdoor artificial lighting shall be approved by the Commission
w.	Disposal of liquid and other wastes shall meet the approval of the State Board of Health
x.	No sales, dead storage, repair work or dismantling on the lot
y.	No parking in the front yard, except as provided in § 154.34
z.	Except for approved exits and entrances, a masonry wall 4-feet in height and 6-inches thick erected at required front line of building and may be required along boundaries of parking area as determined by the Commission for the protection of residentially zoned or used property
Note: Use of # symbol in this table indicates that the requirements of the district apply to the special exception where located If the nature of the special exception involves more than one of those listed, the applicant may apply for an improvement location permit for the special exception which most closely relates to the primary use; provided that the requirements of all the related uses will be met. See Table 15A for key to use classification and requirement designations.

Table 15A Special Exception Use Classification and Requirement Designations
Special Exception	Requirement Designation
Airport of heliport	b6 (heliport), b12 (airport), g, h2, i1 (airport), i1 (heliport), j1, p, r1, s, t, u, v, w, y
Artificial lakes of 3 or more acres	c1, i1, j1, p, r1, u1, v, w, y
Bulk oil and bottled gas storage above ground and petroleum tank form*	c11, h1
Cemetery or crematory	b11, c2, i1, p, q, r1, v, w, y
Clinic or medical health center	b1, c3, h4, j1, r1, v, w, y
College building	b1, c6, d3, g, h4, p1, t, v, y
Contractor’s equipment and storage yard	c1, e, p, r1, v1, x
Conversion of single-family dwelling to two-family dwelling	b14, c1, f5, h1, p, y
Country club or golf course	c1, d3, j1, p, r1, v, w, y
Fire station or police station	b1, c1, h1, j1, s, y
Greenhouse, commercial	b4, c6, f2, h1, r1, v, w, y
Home occupation	b1, c1, f1, h1, v, y
Hospital	b7, c6, g, h5, j1, p, s, t, v, y
Industrial park	a1, b10, c7, d3, g, h3, j2, o, p, q, r1, s, t, v, w, y
Junk yard	c1, e, h1, i4, r1, v, w, y
Kennel, animal	b15, c9, h1, j1, r1, v, w, y
Kindergarten or day nursery	b3, c8, f3, h1, i3, j1, p, r1, v, y
Material storage, open	c1, e, p, r1, v, x
Mineral extraction, borrow pit, top soil removal and their storage areas	c9, e, h1, i5, j1, r1, s, t, u3, v, w, y
Mobile home park, travel trailer park	b8, c6, d2, g, h1, j1, o, p, q, r1, s, u1, v, w, y
Motel, may include restaurant in connection therewith	b4, c8, f1, g, h1, j1, p, r2, s, u, v, w
Nursing home, home for aged, orphanage	b1, c3, f1, h1, r1, u, v, w, y
Outdoor theater	c6, i6, p, r1, s, t, v, w, y
Outdoor commercial recreational enterprise	c4, d1, h1, i1, j3, p, r2, s, t, v, w, y
Penal or correction institution	b13, c10, e, g, p, r1, y
Practice golf-driving range	c6, i7, j3, r1, v, y
Private recreational development	c4, g, h1, j3, r1, v, w, y
Produce terminal, wholesale	b10, c7, d3, e, h1, i8, j1, p, r1, s, t, v, w, y
Public camp	b7, c6, d1, h1, j3, r1, u1, v, w, y
Public or employee parking areas	b2, p, r1, s, t, v, x, y, z
Radio or television tower	r1, v
Railroad right-of-way and uses essential to railroad operation	h1, r1, v
Raising and breeding of non-farm fowl and animals, commercial, except kennel	b4, c10, h1, j1, r1, v, w, y
Riding stable	b5, c10, h1, j1, r1, v, w, y
Public or commercial sanitary fill or refuse dump	b11, c11, e, i9, j5, r1, u1, v, w, y
Seasonal fishing or hunting lodge	b1, c1, f4, v, w, y
Public or commercial garbage disposal plant	b15, c11, e, r1, u1, v, w, y
Public or commercial sewage disposal plant	b11, c11, e, r1, u1, v, w, y
Shopping center	a2, b9, c2, g, j1, o, p, s, t, u1, v, y
Stadium or coliseum	b7, c2, j1, p, r2, s, t, v, y
Studio business	b1, c1, f1, h1, v, y
Truck freight terminal	c1, e, j1, p, r1, s, t, v, w, y
Tourist home	b1, c1, f1, h1, r1, v, y
Sales barn for livestock resale	c11
* Requirement standards applicable to industrial uses as set out in § 154.31 shall apply also to the special exceptions

(Ord. 480, passed 11-16-1970; Ord. 95-611, passed 10-4-1995)

§ 154.37 MOBILE HOME PARKS.

(A) Permitted uses. A mobile home park has been designated as a separate district. Prior to the consideration of an application for a mobile home park by the Board, the applicant shall follow the procedure, planning considerations and conditions established for Planned Residential Developments in § 154.30.

(B) Requirement standards.

(1) Minimum lot areas:

(a) Mobile home park: 2 acres; and

(b) Mobile home lot: 4,000 square feet.

(2) Yards and distances between structures:

(a) The minimum distance between mobile home stands on opposite sides of the street shall be 60 feet.

(b) The minimum distance between a mobile home stand and a street pavement, a common parking area, a common walk or other common area shall be eight feet.

1. Adjoining residential land use or a residential or feeder street, shall be 15 feet; and

2. Adjoining land use is other than residential or an arterial street, shall be 30 feet.

(d) Other minimum yard dimensions as shown in Figure 1.

Figure 1: Required Minimum Distance from a Mobile Home Stand to its Lots Lines and to Other Stands and Buildings

(3) Streets.

(a) Streets shall be provided on the site where necessary to furnish principal traffic ways for convenient access to the mobile home stands and other important facilities on the property. Streets shall be privately-owned.

(b) The street system shall provide convenient circulation by means of minor streets and properly located collector streets. Closed ends of dead-end streets shall be provided with adequate paved vehicular turning or backing space. A turning circle shall be at least 80 feet diameter.

(c) Pavements shall be of adequate widths to accommodate the contemplated parking and traffic load in accordance with the type of street with ten feet minimum moving lanes for collector streets, nine feet minimum lanes for parallel guest parking and two feet additional width for pedestrian use where adjacent sidewalk is not provided.

1. All entrance streets and other collector streets with guest parking both sides: 36 feet minimum*;

2. Collector street with no parking: 22 feet minimum*;

3. Minor or cul-de-sac street with no parking: 20 feet minimum*; and

4. One-way minor street with no parking (acceptable only if less than 500 feet total length and serving less than 25 mobile home stands): 11 feet minimum*.

* Reduce by two feet if adjacent sidewalk is provided.

(d) Streets shall be adapted to the topography and shall have suitable alignment and gradient for safety of traffic, satisfactory surface and ground water drainage, and proper functioning of sanitary and storm sewer systems.

(e) Street intersections shall generally be at right angles. Off-sets at intersections and intersections of more than two streets at one point shall be avoided.

(f) The street improvements shall extend continuously from the existing improved street system to provide suitable access to the mobile home stands and other important facilities on the property, to provide adequate connections to existing or future streets at the boundaries of the property and to provide convenient circulation for vehicles.

(g) Pavements and surfacings other than cement concrete shall be protected at the edges by curbs, gutters or other suitable edging where necessary to prevent ravelling of the wearing surface and shifting of the pavement base.

(h) Street base shall be well-drained, uniformly graded, and compacted.

(4) Driveways.

(a) Driveways shall be provided on the site where necessary for convenient access to service entrances of buildings, to delivery and collection points for refuse and other material, and elsewhere as needed.

(b) Driveway serving a single facility or single mobile home lot, minimum eight feet; where used as walk, minimum ten feet.

(5) Parking spaces.

(a) Car parking spaces shall be provided in sufficient number to meet the needs of the occupants of the property and their guests without interference with normal movement of traffic. Such facilities shall be provided at the rate of at least one car space for each mobile home lot plus an additional car space for each four lots to provide for guest parking, for two-car tenants and for delivery and service vehicles.

(b) Required car parking spaces shall be located for convenient access to the mobile home stands. Insofar as practicable, one car space shall be located on each lot and the remainder located in adjacent parking bays.

(5) Walks.

(a) Individual walks: to each mobile home stand from a paved street or from a paved driveway or parking space connecting to a paved street.

(b) Common walks: in locations where pedestrian traffic is concentrated; for example, at the park entrance, and to the park office and other important facilities. Common walks should preferably be through interior areas removed from the vicinity of streets.

(6) Recreation facilities.

(a) Recreation areas and facilities, such as playgrounds, swimming pools, and community buildings shall be provided to meet the anticipated needs of the clientele the park is designed to serve. Provision of separate adult and tot lot recreation areas is encouraged.

(b) Not less than 10% of the gross site area shall be devoted to designed and developed recreational facilities, generally provided in a central location or, in the larger parks, decentralized. The minimum dimension of a recreation area shall be 100 feet. Recreation area includes space for community buildings, adult recreation and child play areas and swimming pools.

(7) Community facilities. Essential community facilities and services for the type of mobile home park under consideration, such as schools, recreation areas and police and fire projection shall be reasonably accessible to the park, or provisions shall be made assuring these facilities and services.

(Ord. 480, passed 11-16-1970)

§ 154.38 NONCONFORMING STRUCTURES AND USES.

If at the time of the passage of this chapter or amendments thereof, a structure had been lawfully constructed on or moved onto a lot, or a use being made of the structure or (taking place on) the lot was lawful, the structure may remain on the lot and/or the use continued even though the structure and/or the use of the structure or lot no longer conforms to the provisions of this chapter, subject to the following restrictions and conditions:

(A) A nonconforming structure may be maintained and repaired, but no structural alterations, other than those required by law, shall be made.

(B) If a nonconforming structure or nonconforming portion of structure is destroyed (or is damaged or has deteriorated by more than 50% of its prior value) or is removed from the lot, it shall not be (repaired,) reconstructed or replaced except in conformity with the provisions of this chapter.

(C) A nonconforming use taking place within a structure may be extended throughout that structure, but not to other structures on (or added to) the lot or to other parts of the lot.

(D) Whenever a nonconforming use has been changed to a conforming use, or has been discontinued for a period of six months, the use of the lot shall thereafter conform to the provisions of this chapter.

(E) The Board may grant variances from the nonconforming structure and use restrictions contained in this section in the same manner as other variances from this chapter.

(F) All nonconforming structures and uses that are allowed to continue as a result of satisfying the terms and conditions of this section shall be considered as “grand-fathered” by virtue of the fact that they were lawfully constructed or commenced at a time when such structure or use was permitted under the applicable zoning ordinance.

(Ord. 480, passed 11-16-1970; Ord. 95-611, passed 10-4-1995; Ord. 16, passed 10-14-2014)

Rockville City Zoning Code

LAND USE

CONTROL STANDARDS

§ 154.25 ESTABLISHMENT OF DISTRICTS, ZONE MAP AND DESCRIPTION OF DISTRICTS.

(A) The town and the jurisdictional area are hereby classified and divided into eight districts designated as follows:

District Designation	Primarily For
MH	Residential (Mobile Home)
R1	Residential (Single-Family)
R2	Residential (Two-Family)
R3	Residential (Multi-Family)
LB	Local Business
GB	General Business
I	Industrial
FP-R	Flood Plain - Recreational

(b) R2. This District is a medium density residential district designed primarily for single and two-family dwellings. Multi-family units will be permitted, however, on a density of use basis.

(c) R3. This District is designed to accommodate the higher density multi-family units of the area. It includes those areas of the town which appear to be subject to this type of development.

(d) MH. This is a district exclusively intended for mobile home use.

(b) GB. This is a general business district providing for all types of business and service uses.

(Ord. 480, passed 11-16-1970; Ord. 559, passed 8-16-1988)

§ 154.26 AUTHORIZED AND TEMPORARY USES.

(Ord. 480, passed 11-16-1970)

§ 154.27 PERMITTED USES.

Table 1
Primary Use	District in Which Permitted
	Residential				Commercial		Industrial	Flood Plain - Recreational
	R1	R2	R3	MH	LB	GB	I	FP-R
Residential uses
Bed and breakfast	R1*	R2	R3		LB	GB
Boarding or lodging house		R2	R3
Dwelling, single-family	R1	R2	R3
Dwelling, two-family		R2	R3
Dwelling, multi-family		R2	R3
Fraternity, sorority or student cooperative	R1*	R2*	R3*
Home for the aged	R1*	R2*	R3*
Nursing home, orphanage		R2*	R3*
Planned residential development	R1	R2	R3
Private swimming pool	R1	R2	R3	MH	LB	GB
Mobile homes				MH
Qualified child care home	R1	R2	R3		LB	GB
Agricultural uses
Artificial lake of 3 or more acres	R1*	R2*	R3*	MH*	LB*	GB*	I	FP-R*
Commercial greenhouse					LB*	GB*	I
Farm	R1	R2	R3	MH	LB	GB	I	FP-R*
Greenhouse (not exceeding 1,000 square feet)					LB	GB	I
Plant nursery					LB	GB	I	FP-R
Industrial uses
Bottled gas storage and distribution							I*
Contractor’s storage yard							I
Industrial park(1)							I
Industry							I
Junk yard							I*
Anhydrous ammonia or similar liquified fertilizers, storage and distribution (commercial)							I*
Manufacturing, storage or use of explosives							I*
Material storage (open)							I*
Mineral extraction, borrow pit, topsoil removal and storage areas	R1*	R2*	R3*	MH*			I*	FP-R*
Petroleum tank farm (commercial)							I*
Radio or television tower	R1*	R2*	R3*	MH*	LB*	GB*	I*	FP-R*
Truck freight terminal						GB*
Warehouse, storage					LB	GB
Public facilities
Assembly halls for use by non- profit organizations					LB	GB	I
Charitable institutions	R1	R2	R3		LB	GB
Church or temple	R1	R2	R3		LB	GB
Kindergarten or day nursery	R1*	R2*	R3*		LB	GB
Municipal or government building	R1	R2	R3		LB	GB	I
Penal or correctional institution							I*
Police station or fire station	R1	R2	R3		LB	GB	I
Public library or museum	R1	R2	R3		LB	GB
Public park or recreational facility	R1	R2	R3	MH	LB	GB	I	FP-R
Public or commercial sanitary fill, refuse dump, or garbage disposal plant							I
Sewage disposal plant (primary use)		R2*	R3*		LB*	GB*	I*
Public or employee parking area		R2*	R3*		LB	GB	I	FP-R
Public water wells, water stations, filtration plants, reservoirs and storage tanks	R1*	R2*	R3*	MH*	LB*	GB*	I
Railroad right-of-way and necessary uses	R1*	R2*	R3*	MH*	LB*	GB*	I	FP-R*
School, public or parochial	R1	R2	R3		LB	GB	I
Telephone exchange or public utility substation	R1*	R2*	R3*		LB	GB	I
Trade or business school	R1*	R2*	R3*		LB*	GB	I
Transmission lines for gas, oil, electricity or other utilities	R1	R2	R3	MH	LB	GB	I	FP-R
University or college building	R1*	R2*	R3*		LB	GB
Business uses: appliances
Electric appliance service and sales					LB	GB	I
Radio-TV service and sales					LB	GB	I
Other similar uses					LB	GB	I
Business uses: automobile services
Automobile sales room					LB	GB	I
Automobile, mobile home or trailer sales area, open					LB	GB	I
Automobile repair (all repair indoors)					LB	GB	I
Filling or service station					LB	GB	I
Public garage						GB	I
Public parking area	R1*	R2*	R3*		LB	GB	I	FP-R*
Truck service center					LB*	GB*	I
Other similar uses					LB*	GB*	I
Business uses: clothing services
Dressmaking shop					LB	GB
Dry cleaning establishment(2)					LB	GB
Laundry agency					LB	GB
Millinery shop					LB	GB
Self-service laundry					LB	GB
Shoe repair shop					LB	GB
Tailor and pressing shop					LB	GB
Other similar uses					LB*	GB*
Business uses: food sales and service
Bakery, retail					LB	GB
Dairy, retail					LB	GB
Delicatessen					LB	GB
Grocery					LB	GB
Locker, cold storage, for individual use					LB	GB	I
Meat market					LB	GB
Restaurant					LB	GB
Roadside food sales stand	R1*	R2*	R3*		LB*	GB*
Supermarket					LB	GB
Wholesale produce terminal							I
Other similar uses					LB*	GB*	I*
Business uses: general
Bank					LB	GB	I
Business or professional office			R3*		LB	GB	I
Postal station			R3*		LB	GB	I
Radio or television station or studio					LB	GB	I
Telegraph office					LB	GB	I
Other similar uses					LB*	GB*	I*
Business uses: personal services
Barber shop					LB	GB
Beauty shop					LB	GB
Reducing salon					LB	GB
Other similar uses					LB*	GB*
Business uses: recreation
Bait sales					LB*	GB*	I*
Billiard room					LB	GB	I*
Bowling alley					LB	GB	I*
Country club or golf course	R1*	R2*	R3*				I*	FP
Dancing academy					LB	GB
Lodge or private club					LB	GB	I
Night club					LB	GB
Outdoor commercial recreational enterprise					LB	GB*	I	FP
Private recreational development	R1*	R2*	R3*		LB	GB	I	FP
Public camp							I*	FP*
Race track							I*
Riding stable							I*	FP*
Shooting range, outdoor							I*	FP*
Stadium, coliseum or athletic field	R1*	R2*	R3*		LB*	GB*
Tavern					LB	GB	I*
Theatre, indoor					LB*	GB*	I**
Theatre, outdoor					LB	GB	I*
Other similar business uses					LB	GB	I*
Business uses: retail sales
Apparel shop					LB	GB
Department store					LB	GB
Drugstore					LB	GB
Flower shop(4)					LB	GB
Garden shop					LB	GB
Gift shop					LB	GB	I
Hardware store					LB	GB	I
Jewelry store					LB	GB	I
Newsdealer					LB	GB	I
Record shop					LB	GB	I
Retail showroom					LB	GB	I
Stationery					LB	GB	I
Variety store					LB	GB	I
Other similar uses					LB*	GB*	I
Business uses: miscellaneous
Advertising sign(5)					LB	GB	I	FP
Auction sales yard							I*
Boat sales, service and storage	R1*	R2*	R3*		LB	GB	I
Cemetery or crematory					LB	GB	I*
Child care nursery		R2*	R3*		LB	GB
Clinic					LB	GB	I*
Commercial facility for breeding and raising non-farm fowl and animals					LB*		I
Farm equipment, sales and service					LB	GB	I
Hospital	R1*	R2*	R3*		LB	GB	I
Hotel or motel					LB	GB	I
Kennel					LB		I
Laboratories for testing and research excluding the raising of animals for research and excluding the testing of fissionable material					LB*	GB*	I
Mobile home park				MH
Mortuary		R2	R3		LB	GB	I*
Pet shop					LB	GB	I*
Photographic studio					LB	GB
Railway station or motor bus station					LB	GB
Retail business not otherwise covered					LB*	GB*	I*
Sales barn for livestock							I*
Self-service storage facility					LB*		I
Planned shopping center					LB*	GB	I*
Studio business (art, interior decorating music, and the like)(6)		R2*	R3*	MH*	LB	GB
Tourist home					LB*	GB*
Veterinary hospital for small animals					LB	GB	I*
Warehouse (grain storage facilities)					LB		I
Wholesale business					LB	GB	I
* Denotes permitted use when approved as a special exception, see § 154.36 ** Denotes use permitted in the district only if it has been approved by the Commission as necessary to the convenience of employees and the effective operation of an industrial use (1) When located on a tract not less than 20 acres in area (2) Using cleaning fluid which is non-explosive and non-inflammable, and using not more than three clothes cleaning units of not more than 40 pounds capacity (4) Including greenhouse not larger than 1,000 square feet in area (5) See § 154.35 for regulations (6) When located in an existing residential structure, the exterior and character of which shall not be changed

(Ord. 480, passed 11-16-1970; Ord. 95-611, passed 10-4-1995)

§ 154.28 RESIDENTIAL USES AND REQUIREMENTS.

(1) A single-family dwelling is a detached building designed for or occupied by one family exclusively.

(3) A multi-family dwelling is a building designed for or occupied by three or more families exclusively for dwelling purposes.

(B) Residential requirements.

(3) Height of structures. Except as otherwise provided in this chapter, no residential structure shall exceed the height limits listed below:

Kind of Dwelling	R1	R2	R3
Single-family	25	25	25
Two-family		25	25
Multi-family		25	25

(4) Minimum yard size. The following are minimum yard sizes, except as otherwise provided in this chapter.

(b) Rear yard. The minimum depth of rear yard for a single-family dwelling is 20 feet. The minimum depth of rear yard for two-family and multi-family dwellings is 15 feet.

(5) Minimum floor area; residential uses. No dwelling may be established, erected or changed so that its ground floor area, in square feet, is less than that prescribed by Table 2 of this section.

(6) Maximum lot coverage; residential uses. The residential buildings on a lot may not exceed in coverage the following percentages of total lot area:

Kind of Dwelling	R1	R2	R3
Single-family	30	35	35
Two-family		35	35
Multi-family		35	35

(8) Aesthetic requirements.

(b) Roofing materials. Roofing materials used on the residential dwelling shall consist of the following: shingles, (asphalt, rubber or fiberglass) shakes, slate or tile materials.

(3) Accessory uses.

(4) Front yard.

(5) Projections into yards.

Table 2
Kind of Dwelling	Lot Area in Square Feet Per Dwelling Unit
Kind of Dwelling	R1	R2	R3
Single-family dwelling where no utility systems are installed	16,000	16,000	16,000
Single-family dwelling where a sanitary system is installed and utilized	14,000	12,000	10,000
Single-family dwelling where an approved public water supply is installed and utilized	14,000	12,000	10,000
Single-family dwelling where both sanitary and water systems are installed and utilized	12,000	11,000	9,000
Medium density multi-family where no utility systems are installed		10,000	10,000
Medium density multi-family where a sanitary system is installed and utilized		8,500	7,500
Medium density multi-family where an approved public water supply is installed and utilized		9,000	8,000
Medium density multi-family where both sanitary and water systems are installed and utilized		8,000	6,500
Urban density multi-family dwelling where no utility systems are installed			7,000
Urban density multi-family dwelling where a sanitary system is installed and utilized			5,500
Urban density multi-family dwelling where an approved public water supply is installed and utilized			5,500
Urban density multi-family dwelling where both sanitary and water systems are installed and utilized			4,000

Table 2A Ground Floor Area in Square Feet, Per Dwelling Unit
Kind of Dwelling	R1	R2	R3
One-story dwellings
Single-family	1,200	960	960
Two-family		960	960
Multi-family	(Same as two-family for first two dwelling units plus 400 square feet living area per each additional dwelling unit)
More than one-story dwellings
Single-family	900(1)	800(2)	720(3)
Two-family		800(2)	720(3)
Multi-family	(Same as two-family for first two dwelling units plus 400 square feet living area per each additional dwelling unit)
(1) Not less than 1,350 square feet total for 1st and 2nd floors (2) Not less than 1,200 square feet total for 1st and 2nd floors (3) Not less than 1,100 square feet total for 1st and 2nd floors

(Ord. 480, passed 11-16-1970; Ord. 93-596, passed 7-26-1993; Ord. 95-611, passed 10-4-1995)

§ 154.29 HOME OCCUPATIONS.

A home occupation may be conducted as an accessory use in any dwelling unit subject to the following requirements, conditions and restrictions:

(C) No structural alterations, enlargements or exterior alterations changing the residential appearance of the dwelling or lot may be made;

(D) No advertising signs or symbols indicating the conduct of the home occupation may be displayed, except for a single nameplate not exceeding one square foot in size and not illuminated;

(E) The principal operator of the home occupation must reside at the dwelling where the home occupation is established;

(J) The home occupation shall not interfere with the reasonable use and enjoyment of adjacent properties; and

(K) The following uses are specifically prohibited as home occupations:

(1) Massage parlors;

(2) Taverns or food serving establishments (other than off-premises catering);

(3) Veterinary clinics; and

(4) Animal breeding or livestock husbandry.

(Ord. 95-611, passed 10-4-1995)

§ 154.30 PLANNED RESIDENTIAL DEVELOPMENTS.

(1) Preliminary consultation and preliminary plan.

1. Proposed layout of streets, buildings, lots and other elements basic to the proposed use in relationship to site conditions.

2. Proposed locations of commercial, industrial, residential, park, school, recreational and other public and semi-public uses within or near the area proposed to be developed.

3. Proposed plan for handling vehicular traffic, parking, sewage disposal, drainage, water supply and other pertinent site development features.

(E) Covenants. Covenants when required by the Commission shall provide for at least the following provisions satisfactory to the Commission.

(3) Private streets. For private streets hereinafter established in the town, the following procedure shall be followed:

(NAME OF STREET)

PRIVATE STREET

NOT DEDICATED FOR PUBLIC USE

OR MAINTAINED BY THE PUBLIC

(Ord. 480, passed 11-16-1970)

§ 154.31 BUSINESS USES AND REQUIREMENTS.

(B) Other provisions and requirements for business uses.

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

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

(5) Loading and unloading berths as set forth in § 154.34 shall not be required for business uses which demonstrably do not receive or transmit goods or wares in quantity by truck delivery.

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

Table 3 Business Use Requirements
Requirements	Specifications by District
Minimum side yard in blocks not including a Residential District	None
Vision clearance on corner lots required	Yes