Seymour City Zoning Code
DEVELOPMENT STANDARDS
§ 157.085 SETBACKS.
(A) Minimum requirements. Unless otherwise provided in this chapter, minimum front building setback lines shall be in accordance with the following table.
Minimum Front Setback Requirements
Street classification | Minimum front setback (feet) | ||
One- or two-family residential | Multifamily, commercial, institutional | Industrial | |
Expressway | 40 | 40 | 40 |
Arterial | 40 | 40 | 40 |
Collector | 30 | 30 | 30 |
Local | 25 | 30 | 25 |
Marginal access or cul-de-sac | 25 | 25 | 25 |
(B) Transitional setbacks. Where commercial or industrial uses abut property zoned for residential use, transitional setbacks shall be provided in accordance with the following table.
Transitional Setbacks
Use | Front (feet) | Side (feet) | Rear (feet) |
Commercial | 30 | 20 | 20 |
Industrial | 100 | 150 | 150 |
(C) Setbacks in improved areas.
(1) For the purpose of this section an improved area shall be defined as any block that contains at least three lots or parcels, each containing a legally established building. For the purposes of this section, a block consists of one side of the street, not interrupted by any streets. In any case where a proposed building site has no buildings within 500 feet in either direction on the same side of the street, the property shall be considered to be in an unimproved area.
(2) Front setback lines for improved areas shall be in accordance with the setback distance already established. In any improved area, the minimum required building setback line for any new building or structure shall be the average of such established setback line, provided that such structure does not encroach into the right-of-way as established by the thoroughfare plan.
(3) Such setback lines shall be as required in this section with the following exceptions:
(a) Those encroachments listed in (E) are permitted.
(b) Where another section of this chapter requires a larger setback, the higher or most restrictive requirement shall govern.
(D) Undesignated streets. Any street not designated on the thoroughfare plan of current adoption shall be assumed to be a local street designation for the purpose of determining the building setback line, unless the City Engineer determines that a higher classification applies. Private streets shall be considered to be local streets for the purposes of this section.
(E) Exceptions. The following are permitted within the setback area:
(1) Incidental features such as birdbaths, lawn balls, and yard sculptures. Doghouses are permitted in the side or rear yard only.
(2) Uncovered stairs, decks sized for entry purposes only, porches, landings, fire escapes, gutters, decks and awnings may project into any yard but not to exceed six feet and not closer than five feet to any lot line.
(3) Architectural projections including, wing walls, belt courses, and bay windows may project into any yard, but such projection shall not exceed three feet.
(4) Ornamental fences, walls and structural screens may be permitted in any required side or rear yard or setback distance, in accordance with the accessory structure height requirements of the respective zone district. Ornamental fences, walls and structural screens may be permitted in any required front yard in accordance with the accessory structure height requirements of the respective zone district; provided, that no fence, wall, or structural screen in a front yard toward which a structure is oriented may be allowed to exceed 48 inches in height. The height shall be determined by measurement perpendicular from the nearest ground level.
(5) Nothing contained in this section shall be deemed to prohibit the erection or maintenance of an open fence in connection with agricultural uses, recreation use or the public safety or a security fence in nonresidential districts.
(6) The provisions of this section shall not apply to retaining walls.
(Ord. 17, 2006, passed 11-27-2006)
§ 157.086 PARKING AND LOADING.
(A) Purpose and intent. Accessory off-street parking and loading facilities shall be provided and maintained for all buildings, structures or premises used in whole or in part for purposes permitted by this chapter. These regulations are designed to alleviate or prevent congestion of the public streets by establishing minimum requirements for on-site storage of motor vehicles in accordance with the use to which the property is occupied.
(B) Existing uses.
(1) No use lawfully established prior to the effective date of this chapter shall be required to provide and maintain the parking and loading requirements of this chapter;
(2) For any nonconforming use which is hereafter damaged or partially destroyed, and which is lawfully reconstructed, reestablished or repaired, off-street parking and loading facilities equivalent to those maintained at the time of such damage or partial destruction shall be restored and continued in operation; provided, that in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this chapter for equivalent new uses.
(3) When the intensity of use of any building, structure or premises shall be increased through the addition of dwelling units, floor area, beds, seating capacity or other unit of measurement, parking and loading facilities as required in this chapter shall be provided for such increase in intensity of use.
(4) Whenever the existing use of a building, structure or premises shall hereafter be changed or converted to a new use permitted by this chapter, parking and loading facilities shall be provided as required for such new use.
(5) Accessory off-street parking or loading facilities in existence on the effective date of this chapter shall not hereafter be reduced below, or if already less than shall not be further reduced below, the requirements for a similar new use under the sections of this chapter.
(C) Location.
(1) Accessory off-street parking and loading spaces shall be provided on the same lot as the use served, except as otherwise provided in this chapter, and may be situated as one or more individual areas.
(2) Residential parking shall meet the following standards:
(a) Front yards.
1. Parking for single-family residential uses shall be prohibited within the setback between the street and the building except on a single driveway not exceeding the width of an attached garage facing the street or 22 feet in width where there is no attached garage facing the street. Parking on any other portion of the setback between the street and the building or on a lawn shall be prohibited. Parking shall not be permitted in driveways serving parking lots.
2. Parking for multifamily residential uses shall be prohibited within the required street setback as set forth in § 157.085. Parking shall not be permitted in driveways serving parking lots. Parking shall be prohibited on lawns.
(b) Side and rear yards.
1. Parking areas for single-family uses may occupy a maximum of 50% of the area extending from the rear of the principal structure to the rear lot line between side lot lines.
2. The side and rear parking setback requirement for multifamily uses shall be 1/2 the building setback for the district or five feet, whichever is greater.
(D) Parking standards.
(1) Off-street parking spaces shall comply with the minimum dimensions shown on the following table.
Parking Space Dimensions
Vehicle, space type | Minimum width | Minimum length |
Automobile, parallel | 9 | 22 |
Automobile, angled or 90° | 9 | 20 |
Compact car, parallel | 9 | 20 |
Compact car, angled or 90° | 9 | 18 |
Bus, parallel | 10 | 48 |
Bus, angled | 12 | 42 |
(2) Aisle widths for off-street parking shall comply with the following table.
Parking Aisle Widths*
Parking angle | Aisle width |
45° | 14 feet |
60° | 18 feet |
90° | 24 feet |
*The parking angle shall be measured between the centerline of the parking space and the centerline of the aisle.
(3) All off-street parking or loading facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner that least interferes with traffic movement.
(E) Minimum off-street parking space requirements.
(1) Accessory off-street parking facilities for separate uses may be provided collectively if the total number of spaces so provided is not less than the sum of the separate requirements for each such use; provided, that all regulations governing location of accessory parking spaces, in relation to the use served, are adhered to; provided further, that no parking space or portion thereof shall serve as a required space for more than one use unless otherwise authorized by the Board of Zoning Appeals.
(2) The minimum required number of off-street parking or loading spaces shall be calculated as follows:
(a) If the unit of measurement is any fraction of the unit specified in relation to the number of spaces to be provided, such fraction shall be considered as being the next unit and shall be counted as requiring one space.
(b) In sports arenas, churches and other places of assembly in which patrons occupy benches, pews or other similar seating facilities, each 20 inches of such seating shall be counted as one seat for the purpose of determining requirements hereunder.
(c) In the case of open floor areas used for temporary seating purposes, an area of 16 square feet usable for seating shall be counted as one seat for the purpose of determining requirements hereunder.
(d) For uses involving more than one activity (i.e., manufacturing and office, office and retail, automobile service and convenience store), the requirements for each use shall be calculated separately and then aggregated.
(3) A maximum of 25% of the required parking spaces may be designated as compact car spaces.
(4) The minimum number of required off-street parking spaces shall be as indicated on the following table.
Parking Space Requirements
Use | Minimum number of required spaces |
Use | Minimum number of required spaces |
Agricultural uses | No requirement, except for roadside stands and other commercial or similar uses, when there shall be an adequate number of spaces to serve the public. |
Amusement uses, including skating rinks video arcades, pool and billiard rooms, and similar facilities | One space for each 500 square feet of gross floor area |
Automobile repair uses, including muffler shops, tireshops, quick lubricating, and other similar uses | 2.5 spaces for each service bay. |
Bowling alleys | Four spaces for each lane |
Child care uses, including children's homes, day carecenters, nurseries and kindergartens and similar uses | One space for each five children |
Commercial centers | |
Less than 50,000 square feet | One space for each 200 square feet of gross floor area |
50,000 square feet or larger | One space for each 250 square feet of gross floor area |
Community center uses, including clubs, lodges, community centers, libraries, museums and similar places of assembly | One space for each 100 square feet of assembly area |
Drive-through uses (other than restaurants), including banks, dry cleaners, and similar uses | One space for each 400 square feet of gross floor area, plus stacking spaces as required in § 157.086(H)(1) |
Funeral service | One space for each 35 square feet of seating area |
Group housing, including rooming and boarding houses, dormitories, fraternities and sororities, elderly housing, halfway houses, nursing homes and similar group quarters | One space for each two beds, sleeping units, rooming units or dwelling units plus one space for each 100 square feet of assembly or common area |
Health club uses, including athletic clubs and spas | One space for each 400 square feet of gross floor area |
Use | Minimum number of required spaces |
Use | Minimum number of required spaces |
Health uses, including hospitals, in-patient clinics, and similar uses | One space for each patient bed |
Hotel uses, including hotels, motels, apartment hotels and other facilities for the transient public | One space for each guest room |
Higher education uses, including colleges, universities, professional schools, junior colleges, and vocational schools | 0.8 spaces for each student, based upon the maximum number of students attending classes on the premises during any 24-hour period. If the school provides on-site housing, this requirement may be reduced to 0.5 spaces for each student |
Industrial uses, including manufacturing and similar uses, not catering to the retail trade | |
Less than 3,000 square feet | One space for each two employees |
3,000 to 5,000 square feet | One space for each two employees |
5,001 to 10,000 square feet | One space for each two employees |
Open air business uses | One space for each 1,000 square feet of outdoor storage or display area |
Professional office uses | |
Medical and dental | One space for each 200 square feet of gross floor area |
Other | One space for each 300 square feet of gross floor area |
Religious facility | |
Place of worship | One space for each three seats in the sanctuary |
Residential uses | |
Single-family or two-family | Two spaces per dwelling unit |
Multifamily | 1.5 spaces for each one-bedroom or efficiency unit; two spaces for each two-bedroom unit, plus 0.25 guest spaces per unit |
Restaurant uses | |
Drive-through or fast-food | One space for each 75 square feet of gross floor area plus stacking spaces as required by § 157.086(H)(1) |
Use | Minimum number of required spaces |
Use | Minimum number of required spaces |
General | One space for each 100 square feet of gross floor area |
Retail uses | |
Furniture, appliances or other large consumer goods | One space for each 500 square feet of gross floor area |
Convenience stores | One space for each 200 square feet of gross floor area |
Other retail | One space for each 250 square feet of gross floor area |
Schools | |
Elementary or middle school | Three spaces for each classroom |
High school | Eight spaces for each classroom |
Theater uses, including auditoriums, movie theaters, performing arts facilities, and sports arenas | One space for each four seats |
Warehouse | |
Mini-warehouse | One space for each two employees |
General | One space for each two employees |
(5) Uses not specified. For uses not specified in this section or in such instance when the requirement for an adequate number of spaces is unclear, the number of parking spaces shall be determined by the staff on the basis of similar requirements, the number of persons served or employed and the capability of adequately serving the visiting public. Such determination may be appealed to the Board of Zoning Appeals.
(F) Off-site parking facilities.
(1) Required off-street parking facilities shall be provided on site, except as provided in this section.
(2) In the C-4 district any or all of the parking may be off-site, provided that there are public parking lots available within 900 feet of the use to be served. On-street parking may be counted toward the parking requirements in this district.
(G) Loading requirements.
(1) Uses and buildings with a gross floor area of less than 5,000 square feet shall provide adequate receiving facilities, so as not to obstruct the free movement of pedestrians and vehicles over a sidewalk, street or alley.
(2) Loading spaces shall have a minimum length of 55 feet, a minimum width of 12 feet, and a minimum height clearance of 15 feet.
(3) Uses and buildings with a gross floor area of 5,000 square feet or more shall provide off-street loading spaces in accordance with the following table.
Loading Space Requirement
Use | Floor area (square feet) | Minimum number of loading spaces |
25,001-60,000 | 2 | |
60,0001-100,000 | 3 | |
Each additional 50,000 | 1 | |
Office buildings hotels, retail sales, commercial centers, hospitals, and similar uses. | 5,000-60,000 | 1 |
60,001-100,000 | 2 | |
Each additional 1000,000 | 1 | |
(H) Vehicle stacking areas.
(1) Number of spaces. Vehicle stacking spaces shall be provided as specified on the following table.
Stacking Spaces
Activity type | Minimum stacking spaces | Measured from |
Bank teller lane | 4 | Teller or window |
Automated teller machine | 3 | Teller |
Restaurant drive-through | 6 | Order box |
Restaurant drive-through | 4 | Order box to Pick-up window |
Activity type | Minimum stacking spaces | Measured from |
Car wash stall, automatic | 6 | Entrance |
Car wash stall, self-service | 3 | Entrance |
Gasoline pump island | 2 | Pump island |
Other | Minimum of 2 per window |
(2) Stacking space specifications.
(a) Size. Stacking spaces must be a minimum of eight feet by 20 feet in size.
(b) Location. Stacking spaces may not impede on or off-site traffic movements or movements into or out of off-street parking spaces.
(I) Accessible parking for physically challenged persons.
(1) A portion of the total number of required off-street parking spaces in each off-street parking area shall be specifically designated, located and reserved for use by persons with physical challenges.
(2) The minimum number of accessible spaces to be provided shall be a portion of the total number of off-street parking spaces required, as determined by table located at § 157.086(E)(4). Parking spaces reserved for persons with physical challenges shall be counted toward fulfilling off-street parking standards. Spaces shall be provided in accordance with the following table.
Accessible Parking
Total parking spaces provided | Minimum number of accessible spaces | Minimum number of van-accessible spaces | Minimum number of car- accessible spaces |
Total parking spaces provided | Minimum number of accessible spaces | Minimum number of van-accessible spaces | Minimum number of car- accessible spaces |
1-25 | 1 | 1 | 0 |
26-50 | 2 | 1 | 1 |
51-75 | 3 | 1 | 2 |
76-100 | 4 | 1 | 3 |
101-150 | 5 | 1 | 4 |
151-200 | 6 | 1 | 5 |
201-300 | 7 | 1 | 6 |
301-400 | 8 | 1 | 7 |
401-500 | 9 | 2 | 7 |
501-1,000 | 2% of total spaces | One out of every eight accessible spaces | Seven out of every eight accessible spaces |
Over 1,000 | 20 + one per each 100 spaces over 1,000 | ||
(3) Minimum dimensions. All parking spaces reserved for persons with physical challenges shall comply with the parking space dimension standards of this section, provided that access aisles shall be provided immediately abutting such spaces, as follows:
(a) Car-accessible spaces. Car-accessible spaces shall have at least a five-foot wide access aisle located abutting the designated parking space.
(b) Van-accessible spaces. Van- accessible spaces shall have at least an eight-foot wide access aisle located abutting the designated parking space.
(4) Location of spaces. Required spaces for persons with physical challenges shall be located in close proximity to building entrances and shall be designed to permit occupants of vehicles to reach the building entrance on an unobstructed path.
(5) Signs and marking. Required spaces for persons with physical challenges shall be identified with signs and pavement markings identifying them as reserved for persons with physical challenges. Signs shall be posted directly in front of the parking space at a height of no less than 42 inches and no more than 72 inches above pavement level.
(J) Parking and loading space specifications.
(1) All loading areas and all off-street parking areas for four or more vehicles shall be developed in accordance with the standards of this section, except for one- and two- family dwellings, agricultural and rural uses and storage of vehicular merchandise not counting toward the minimum requirements of this chapter.
(2) Required off-street parking spaces shall be so designed, arranged and regulated as to have individual spaces marked, be unobstructed and have access to an aisle or driveway so that any automobile may be moved without moving another, and so that no maneuvering directly incidental to entering or leaving a parking space shall be on any public right-of-way or walkway.
(3) Off-street parking spaces may be open to the sky or enclosed in a building. In any instance when a building is constructed or used by parking facilities on the zone lot, such building shall be treated as any major structure and subject to all requirements thereof.
(4) No repair work, sales or service of any kind shall be permitted in association with accessory off-street parking facilities unless such facilities are enclosed in a building and otherwise permitted in the zone district.
(5) All open off-street parking and loading areas, including driveways and other circulation areas, shall be surfaced with an all-weather paving material capable of carrying a wheel load of 4,000 pounds, or improved with concrete or a compacted macadam base and surfaced with an asphalted pavement, to adequately provide a durable and dust-free surface which shall be maintained in good condition and free of weeds, dirt, trash and debris. Parking spaces associated with a one- or two-family dwelling are exempt from the paving requirements but shall be maintained with a dust-free surface.
(6) Driveway entrances or exits shall be no closer than 25 feet to an adjoining residential property line or ten feet to an adjoining nonresidential property line or designed in such a manner as to least interfere with traffic movement. No driveway across public property at the right-of-way line shall exceed a width of 30 feet; provided, that two driveways not exceeding 30 feet in width each may constitute a single entrance-exit divider designed driveway; provided further, that such driveways shall conform to the requirements of engineering departments having jurisdiction thereof.
(7) Any lighting facilities used to illuminate off-street parking areas shall be so located, shielded and directed upon the parking area in such a manner that they do not reflect or cause glare onto adjacent properties or interfere with street traffic. In no instance shall bare un-shaded bulbs be used for such illumination. Lighting shall comply with § 157.093.
(8) Parking areas shall be graded and properly drained in such a manner that there will be no free flow of water onto either adjacent property or public sidewalks.
(9) Parking areas shall be so lined or designated as to insure the most efficient use of the parking spaces and shall be provided with bumper guards or wheel guards so located that no part of the parked vehicle will extend beyond the boundary of the established parking area into any minimum required yard or onto any adjoining property
(K) Parking alternatives.
(1) The Board of Zoning Appeals may, as a conditional use, waive any requirement of this section to the extent that the applicant can demonstrate that the regulation is unnecessarily stringent for the following reasons:
(a) Unique times of day of use;
(b) Shared or dual use;
(c) Availability and projected use of alternative transportation modes; and
(d) Anticipated reduction in vehicle use or ownership in connection with a specified use.
(2) A site development plan for an off-site or shared parking facility shall be filed with the Board as a required exhibit accompanying the conditional use petition and shall be made part of the conditions of any approval therefore. Such site development plan shall demonstrate compliance with all applicable standards of this chapter and shall indicate:
(a) Adjacent streets, alleys and lots;
(b) All individual primary uses to be served, including the location, use and number of parking spaces for each such use;
(c) A layout drawn to scale of aisles and driveways, entrances, exits and turnoff lanes, parking spaces, setbacks, drainage facilities and landscaping; and
(d) Off-site or shared parking facilities shall be encumbered by an instrument duly executed and acknowledged which subject such accessory off-street parking facilities to parking uses in connection with the primary use served. Such instrument shall specify the time period. Such instrument shall be recorded in the applicable zoning compliance permit files of the Plan Commission, and placed of public record in the office of the County Recorder.
(L) Use of required off-street parking areas.
(1) Accessory off-street parking facilities required in this section shall be utilized solely for the parking of passenger automobiles or light trucks of less than one-ton capacity, of patrons, occupants or employees of specified uses. Such parking facilities shall not be used for the storage, display, sales, repair, dismantling or wrecking of any vehicle, equipment or material.
(2) Parking areas may be used for permitted temporary uses in accordance with § 157.085, upon a finding by staff that such temporary use will not create on-site parking shortages or traffic congestion.
(Ord. 17-2006, passed 11-27-2006; Am. Ord. 2, 2007, passed 2-12-2007)
§ 157.087 MANUFACTURED HOUSING.
(A) Purpose and intent. This section is intended to establish reasonable standards for the development of manufactured housing neighborhoods as an affordable housing alternative in the city.
(B) Applicability. The standards in this section apply to all manufactured home parks and manufactured home subdivisions hereinafter established or developed in the city or its extraterritorial jurisdiction.
(C) General requirements. Manufactured home parks and manufactured home subdivisions require Development Plan Approval in accordance with § 157.086.
(D) Specific standards.
(1) Manufactured home parks.
(a) Manufactured home parks shall be in accordance with I.C. 16-41-27-1 et seq., Title 410 IAC 6-6 and subsequent amendments, the State Board of Health Regulations, and the requirements of this chapter.
(b) Access to the park shall be from street designated and built as a collector street or higher. In no case shall access be permitted through local residential streets in RS, RS-1 or R-1 districts.
(c) Each manufactured home park shall have at least two entrances.
(d) Uses other than dwellings shall be subordinate to the residential character of the park.
(e) Uses shall be located, designed and intended to serve only the needs of persons living in the park.
(2) Manufactured home subdivisions.
(a) Manufactured home subdivisions shall comply with the Subdivision Control Ordinance.
(b) There shall be a notation on the recorded plat stating that the development is exclusively for manufactured housing.
(c) Manufactured home subdivisions shall meet all applicable standards of this chapter. In addition, the following development standards shall apply:
1. The development shall contain at least ten acres and 20 lots.
(Ord. 17, 2006, passed 11-27-1006)
§ 157.088 CAMPGROUNDS AND RECREATIONAL VEHICLE PARKS.
(A) Permitted uses.
(1) Campsites for recreational vehicles, tents, cabins, lean-to's, or similar temporary abodes;
(2) Community activities building;
(3) Recreational areas and facilities, such as swimming pools, tennis courts, sports fields, hiking or walking trails, and picnic areas;
(4) Laundry facilities;
(5) Restroom and shower facilities;
(6) Convenience store;
(7) Management office;
(8) Manager housing;
(9) Off-season storage of recreational vehicles; and
(10) Sales and rental of recreational vehicles.
(B) Occupancy standards.
(1) Each recreational vehicle, other than those that are for sale, shall display a current, valid license plate.
(2) Campsites shall be for seasonal, temporary occupancy only, limited to the time periods shown on the table below.
Occupancy Limits
Campground and RV parks
Campground and RV parks
Type of camping unit | Maximum occupancy time |
Recreational vehicle | 90 days/calendar year |
Cabin | 90 days/calendar year |
Tent or other temporary abode | 30 days/calendar year |
(C) Dimensional requirements.
Dimensional Requirements
Campgrounds and RV parks
Campgrounds and RV parks
Use | Minimum area | Minimum setbacks | Minimum width | ||
Front | Side | Rear | |||
Campground or RV park | 5 acres | 75 feet | 25 feet | 25 feet | None |
RV or cabin campsite | 1,500 square feet | 20 feet minimum separation | 35 feet | ||
Other campsite | 800 square feet | 20 feet minimum separation | 35 feet | ||
(D) Development standards.
(1) All campgrounds and RV parks shall meet all state and local standards and shall have adequate sewage disposal, rubbish disposal, and water supply. The health and safety standards contained in Section 410 of the Indiana Administrative Code apply to all campgrounds regardless of size.
(2) At least 10% of the gross land area in the park shall be maintained as usable open space or recreation areas.
(3) The park shall have perimeter landscaping in accordance with § 157.092.
(Ord. 17, 2006, passed 11-27-2006)
§ 157.089 U.S. 50 CORRIDOR OVERLAY DISTRICT (O-1).
[Reserved]
(Ord. 17, 2006, passed 11-27-2006)
§ 157.090 TRADITIONAL NEIGHBORHOOD OVERLAY DISTRICT (O-2).
[Reserved]
(Ord. 17, 2006, passed 11-27-2006)
§ 157.091 HISTORIC OVERLAY DISTRICT (O-3).
[Reserved]
(Ord. 17, 2006, passed 11-27, 2006)
§ 157.092 LANDSCAPING STANDARDS.
(A) Purpose and intent. It is the intent of the city to promote the health, safety and welfare of its existing and future residents by establishing minimum standards to:
(1) Protect, preserve and promote the aesthetic character of the roadway network and surrounding neighborhoods;
(2) Improve environmental quality through reduction of visual pollution, improved air quality, and reduction of storm water runoff;
(3) Mitigate impacts created between incompatible land uses; and
(4) Enhance the community's natural resources through tree preservation and increased green space.
(B) Applicability. The provisions of this section shall apply to the following activities:
(1) Any new building, structure, or impervious surface (including gravel) used for vehicles;
(2) Expansion or reconstruction of an existing building footprint, structure or impervious surface used for vehicles by 20% or greater;
(3) Any subdivision of land resulting in the creation of three or more lots from a single parent tract over any period of time.
(C) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LANDSCAPE BUFFER AREA (LBA). An area set aside to accommodate the required landscape and screening materials. No buildings, accessory structures or parking shall occur within the LBA.
LANDSCAPE ISLAND. A curbed planting area located in or immediately adjacent to a vehicular use area used to mitigate the environmental and visual impacts of the impervious surface.
TREE PROTECTION AREA (TPA). An existing tree area to be preserved and counted towards the tree requirements.
TREE PROTECTION FENCE. A durable, highly visible barrier, at least four feet in height, used to demark trees or tree masses to be protected during the construction process. Typically a plastic mesh fence, commonly known as "snow fence" is used.
VEHICULAR USE AREA (VUA). An impervious surface used for vehicular movements such as a parking lot, loading area or drive lane. Surfaces include: asphalt, concrete, clay pavers and compacted gravel.
(D) Materials standards. The following standards shall apply to all plant material used to satisfy the requirements of this chapter:
(1) Trees and shrubs shall meet the minimum requirements of the American Standard for Nursery Stock (ANSI Z60.1, Latest Edition) as published by The American Nursery and Landscape Association. Trees roots are preferred to be balled and burlapped. The planting minimum for trees is one growing season in a five-gallon container. Shrubs shall be well-rooted in a three-gallon container or greater.
(2) Deciduous trees at the time of planting shall be a minimum of 1.5 inches in diameter measured four feet from the ground. Evergreen trees shall be a minimum of six feet tall at the time of planting.
(3) Shrubs shall be a minimum of 12 to 24 inches tall at the time of planting.
(4) Trees used to meet Street Tree requirements shall be reviewed and approved by the Seymour City Engineer.
(5) Up to one third of the trees selected to meet VUA landscape requirements may be of a variety considered to be ornamental (such as Flowering Dogwood). No trees used to meet VUA landscape requirements may be fruit producing (such as apple trees).
(6) Plants used to meet code requirements that are lost, damaged, or die shall be permanently maintained and replaced with a similar species at the landowner's expense.
(E) Technical standards. The technical standards contained in this chapter represent the minimum requirements for buffer areas and plant material. Plant material provided for any development proposal beyond the minimum standards listed below is encouraged and is not subject to the review and approval process.
(1) Landscape buffer areas (LBAs) shall be provided for all common property boundaries as indicated in the table below. LBAs shall not be required within the CBD Zoning District.
(2) Street trees are required for any new subdivision or new development site where adjacent to an existing or proposed right-of-way. Street trees shall be planted at a rate of one tree for every linear 75 feet for non-residential zones and at a rate of one tree for every 50 feet for residential zones. Trees may be grouped or staggered but shall not be planted closer than 25 feet apart. (See the following figures.)
(3) One tree per 400 square feet of vehicular use area (VUA) shall be provided within landscape islands or immediately adjacent to VUAs. Trees shall be generally distributed throughout the VUA and not concentrated in just a few small areas. Landscape islands shall be a minimum of 150 square feet in area and nine feet in width.
Minimum Required Plant Material
Proposed use/zone | Adjoining use/zone | Minimum LBA | Required plant material (along common boundary |
Office/retail | Residential | 10 feet | Trees per technical standards plus a six feet continuous screen1 |
Any | Street | 5 feet (Zero feet in CBD) | Trees per technical standards |
Multi-family | Single-family | 10 feet | Trees per technical standards |
Industrial/utility facility | Residential | 15 feet | Trees per technical standards plus a six feet continuous screen1 |
Industrial | Office/retail | 10 feet | Trees per technical standards plus a six feet continuous screen1 |
1 Continuous screen shall consist of a hedae, fence, wall, earth mound, or combination thereof that creates a visually continuous barrier. Evergreen trees may be used to satisfy both the tree and screen requirements.
Non-Residential Requirements
(4) Trees for the property perimeter may be planted in the right-of-way as a street tree with the permission of the Seymour Board of Public Works and Safety.
(5) Existing trees in good health greater than four inches in diameter can be counted toward the total trees required for a site. Every four inches of diameter may be applied toward one required tree (i.e., an existing tree in good health with a 12 inch diameter measured four feet from the ground would equal three required new trees).
(6) Shrubs that will reach a minimum height of three feet shall be planted adjacent to all VUAs where parking is visible from a public/private street or a residential use or zone. Shrubs used to meet this requirement shall be planted a maximum of five feet apart and shall create a visually continuous screen at maturity.
Residential Landscape Requirements
(7) Plants shall be kept three feet from edge of any VUA as protection from vehicle overhang.
(8) Plants greater than three feet in height shall not to be planted with in the sight distance triangle (measured from the edge of the drive lanes) at intersections and access points.
(9) Dumpsters shall be screened on at least three sides with either wood fencing or masonry walls to establish a visually opaque screen so as not to be visible from the street or adjacent properties. Screening shall be constructed a height of six feet or 12 feet above the height of the dumpster, which ever is greater. The dumpster enclosure materials shall be consistent with or complementary to the building materials of the primary structure.
(10) Loading/unloading areas shall be screened from adjacent properties with either evergreen plantings (six feet in height or greater at installation), wood fencing, a masonry wall, or some combination thereof.
(11) Utility pedestals/transformers, air conditioning units or similar equipment shall be screened to establish a visually opaque screen so as not to be visible from the street or adjacent properties.
Where plantings are used to satisfy this requirement, they must be able to achieve a mature height at least equal to the height of the item being screened.
(F) Tree protection. Existing trees used to meet tree requirements shall meet the following criteria:
(1) Shall be healthy (less than 15% dead branches, no visible wounds or girdling roots, and free from obvious signs of disease.)
(2) Shall be four inches in diameter or greater, measured four feet from ground level. Trees smaller than four inches may still be preserved, but will not count toward the required tree plantings.
(3) Tree protection fence shall be erected three feet beyond the canopy to form a tree protection area (TPA) prior to any construction activity.
(4) No material storage, parking, grading, fill or other construction activity shall take place inside of the TPA.
(5) The tree protection fence may be removed only after all construction is completed.
(6) Removal understory plants, weeds and groundcovers inside the TPA may take place after the tree protection fencing is removed. Care shall be taken to minimize damage to surface roots. Replanting of the TPA with sod, annuals, perennials or mulch is permitted.
(7) Should a preserved tree that was used to meet these tree planting requirements die, the tree shall be re-planted with a similar tree species. If the size of the existing tree allowed for that tree to count as more than one required tree, a comparable number of replacement trees shall be installed.
(G) Timing of installation. All plant material used to meet these requirements shall be planted prior to occupancy or, when no structure is involved, prior to use. When weather conditions preclude the timely installation of the landscape materials, planting may be delayed for a period not to exceed six months, provided that a financial guarantee in an amount equal to 110% of the installed cost of the materials is posted with the city prior to occupancy or use of the site.
(H) Maintenance. All landscaping shall be properly maintained. Dead plant materials shall be replaced in a timely manner, and landscaped areas shall be kept free of weeds and debris. Failure to maintain landscaping properly shall constitute a violation of this chapter.
(Ord. 17, 2006, passed 11-17-2006; Am. Ord. 12, 2024, passed 3-11-2024)
§ 157.093 EXTERIOR LIGHTING STANDARDS.
(A) Purpose and intent. It is the intent of the city to promote the health, safety and welfare of its residents by establishing exterior lighting standards that:
(1) Reduce glare and light trespass;
(2) Guide exterior lighting to compliment the city's character; and
(3) Provide a secure nighttime environment.
(B) Applicability.
(1) The standards in this section shall apply to exterior lighting in any of the following:
(a) All new private development;
(b) Existing development where the number of existing fixtures is being increased by 50% or more; and
(c) Existing private development where 50% or more of the exterior lighting is being replaced.
(2) The following activities shall be exempt from this regulation:
(a) Airport, tower, or structure lighting required by federal or state agencies (such as tall communications towers, water towers or tall chimneys where lighting is required to prevent airplane collisions).
(b) Seasonal decorations using typical unshielded low-wattage incandescent lamps.
(c) Street lights authorized by government agencies.
(C) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCENT LIGHTING. The type of outdoor lighting used to illuminate landscaping areas (flower beds, trees, vegetation) and other aesthetic features on a parcel (flag poles, etc.).
AMBIENT LIGHT. Existing, non-directional light present in the environment.
DIRECT LIGHT. Light emitted directly from the lamp, the reflector, the reflector diffuser, the refractor or the diffuser lens of a luminaire.
FOOT-CANDLE. Unit of illuminance measured on a surface where all points are at a distance of one foot from a directionally uniform point source of one candle and equal to one lumen per square foot.
FULLY-SHIELDED. Light emitted by the fixture, either directly or indirectly, is projected below a horizontal plane established at the lowest light emitting part of the luminaire. FULLY-SHIELDED luminaires are also known as a full-cutoff, cutoff or down lighting luminaires.
GLARE. means light emitting from a luminaire with an intensity that can reduce a viewer's ability to see.
ILLUMINANCE. The quantity of light arriving at a surface, measured in foot-candles, divided by the area of the illuminated surface.
LIGHT TRESPASS. Direct light produced by an artificial light source that shines beyond the boundaries of the property on which it is located.
LUMINAIRE. Complete lighting system consisting of a lamp or lamps and a fixture.
UP-LIGHTING. Any light source that distributes illumination above a 90° horizontal plane.
Direct Light
Examples of Full-Cutoff Fixtures
(D) Design standards.
(1) Glare. All luminaires shall be aimed in such a way that direct light will not cause glare toward adjacent properties, public open spaces or parks, or public right-of-way.
(2) Shielding. All luminaires other than those listed below shall be fully-shielded:
(a) Internally lighted freestanding signs; and
(b) Recreational facilities lighting at least 500 feet from any residential use, provided that the Plan Commission has approved a lighting plan for the facility. The plan shall document the effect of lighting on adjacent residential areas. The Plan Commission may require modification of the lighting plan or impose conditions on its approval as necessary to mitigate the impacts of the lighting.
(3) Freestanding signs.
(a) Lighting fixtures used to illuminate a freestanding business sign shall be mounted on the top of the sign structure and directed towards the ground. Freestanding business signs with bottom-mounted lighting shall only be used if the fixtures are pointed directly at the sign.
(b) Freestanding business signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding
(4) Development lighting.
(a) Lighting within a development shall have consistent luminaires in style, design, height, size and color for each lighting type (e.g.; wall mounted security light, pole mounting parking lot light, path light).
(b) Searchlights or aerial laser displays directed into the sky for purposes of advertising are prohibited as specified in § 157.095.
(5) Accent lighting.
(a) Landscape lighting used to illuminate building facades, walls, landscaping, flags, fountains, statues, or other architectural or design items shall be carefully located and aimed so that up-lighting is directed only onto the surface of the item it is intended to illuminate.
(b) Accent lighting used to illuminate building facades, walls, landscaping, flags, fountains, statues, or other architectural or design items shall not create glare for traffic on streets or roads.
(6) Lighting height. Pole-mounted lighting shall be no more than 30 feet in height.
(7) Lighting levels.
(a) Light levels shall be measured with an illuminance meter at eye height on a plane perpendicular to the line of sight.
(b) The level of lighting shall not exceed 50 foot-candles at any point beneath a canopy, pavilion, or drive-through bay.
(c) The level of lighting in parking facilities shall not exceed 2.5 foot-candles.
(8) Light trespass.
(a) The lighting level along any property line shall not exceed 0.5 foot-candles when adjacent to residential zones and 1.0 foot-candles when adjacent to all other zones or right-of-way.
(b) If the ambient light level prior to the development is 0.5 foot-candles or greater at the property line, then the development shall not add more than 0.5 foot-candles of light along any property line.
(Ord. 17, 2006, passed 11-27-2006)
§ 157.094 DEVELOPMENT PLANS.
(A) Purpose and intent. Development plans are intended to ensure that districts and uses with special needs for compatibility are developed in a responsible manner, consistent with the Comprehensive Plan and with the spirit and intent of this chapter. They are intended to provide an opportunity for public and staff input into the specific design of new developments.
(B) Authority. In accordance with I.C. 36-7-4, the 1400 Series, the Plan Commission is hereby authorized to approve or disapprove Development Plans.
(C) Criteria. The Plan Commission shall approve a Development Plan only if the following criteria are met:
(1) The development is compatible with surrounding land uses.
(2) The development will have adequate sewage disposal, water supply, drainage, and other utilities.
(3) Traffic will be managed in a manner that creates conditions favorable to health, safety, convenience, and the harmonious development of the community as described below:
(4) The design and location of proposed street and highway access points minimize safety hazards and congestion.
(5) The capacity of adjacent streets and highways is sufficient to safely and efficiently accept traffic that will be generated by the new development.
(6) The entrances, streets, and internal traffic circulation facilities in the development plan are compatible with existing and planned streets and adjacent developments and are safe for pedestrian and vehicular traffic.
(D) Applicability. Development Plans are required for certain uses and/or zoning districts as specified in this chapter.
(E) Development plan design standards. In order to carry out the purposes and intent of this section, along with the goals, objectives, and policies of the City Comprehensive Plan, all development plans shall be designed, reviewed and approved in accordance with the following design standards.
(1) Building separation. As part of its review of a proposed development plan, the Plan Commission shall determine that all proposed structures are located to allow for: adequate light and air; ease of access and entry for vehicles, occupants and pedestrians; and safety from fire, flood and other safety hazards.
(2) Yard and setback requirements and height limitations. All minimum yard and setback requirements and height limitations required by this chapter shall be maintained, unless specifically waived or modified by the Plan Commission as part of the development plan approval.
(3) Sanitary sewer. Complete sanitary sewer facilities shall be installed to serve the proposed development. The design, layout, and construction of the proposed facilities shall comply with all applicable policies, standards, and specifications of the Seymour Engineering Department or other appropriate regulatory agency.
(4) Water. Complete water supply facilities shall be installed to serve the proposed development. The design, layout, and construction of the proposed facilities shall comply with all applicable policies, standards, and specifications of the Seymour Engineering Department, or other appropriate regulatory agency.
(5) Storm water drainage. Complete storm water drainage facilities shall be installed to serve the proposed development. The design, layout, and construction of the proposed facilities shall comply with all applicable policies, standards, and specifications the Seymour Engineering Department or other appropriate regulatory agency.
(6) Street and outdoor site lighting. Street lighting facilities shall be installed by the developer as necessary to serve the proposed development. Additional outdoor site lighting may also be provided as needed.
(7) Streets. Adequate street facilities shall be installed as necessary to serve the proposed development. Proposed streets shall be constructed and maintained as private streets, unless otherwise required or permitted by the Board of Public Works and the Plan Commission. The design, layout, construction, dedication, and acceptance of any proposed public street shall comply with all applicable policies, standards, and specifications of the Board of Public Works and Safety and the Seymour Engineering Department, or other appropriate regulatory agency.
(8) Access and traffic management. The design, layout, and construction of all access facilities, roadway improvements, internal traffic and circulation facilities, and other traffic management facilities shall comply with all applicable policies, standards, and specifications of the Board of Public Works, the Seymour Engineering Department, or other appropriate regulatory agency. As part of its review of a proposed development plan, the Commission shall consider and determine if the development's access and traffic management proposals manage traffic in a manner that creates conditions favorable to health, safety, convenience, and the harmonious development of the community, and accomplishes the following:
(a) That the design and location of proposed street and highway access points minimizes safety hazards and congestion;
(b) That the capacity of adjacent streets and highways is sufficient to safely and efficiently accept traffic that will be generated by the new development; and
(c) That the entrances, streets, and internal traffic circulation facilities in the development plan are compatible with existing and planned streets and adjacent developments.
(9) Natural features and landscaping.
(a) Natural features. As part of its review of a proposed development plan, the Plan Commission shall consider whether the development is compatible with surrounding zoning and land uses. To help achieve compatibility and appropriate site design and development, the applicant or developer is encouraged to preserve as many existing trees and other natural site features as is practical. The location and nature of these site features shall be considered by the applicant or developer in the planning and design of the site development.
(b) Landscaping. To help achieve compatibility and appropriate site design and development, landscaping shall be provided in accordance with the parking area landscaping requirements unless specifically waived or modified by the Commission or its designated representative as part of the development plan approval.
(c) Shade trees. Existing shade trees shall be retained or new trees planted along all public streets in accordance with the standards and specifications of the city.
(10) Pedestrian circulation.
(a) Pedestrian walkways and circulation paths shall be provided to serve the proposed development. Sidewalks or other circulation paths shall be designed to allow for:
1. Access from parking areas to individual buildings;
2. Access between individual buildings and/or uses within the development; and
3. Coordination with and connection to existing or proposed sidewalks or uses.
(b) Public sidewalks shall be provided on both sides of any new public street(s) or existing public streets proposed to serve the development, unless specifically waived or modified by the Plan Commission as part of the development plan approval. The Commission may also require replacement of existing sidewalks along existing streets which abut the proposed development.
(c) The Plan Commission may require the provision of sidewalks along any existing or proposed private streets within the proposed development.
(d) The design and construction of all sidewalks shall comply with the applicable requirements of the Americans with Disabilities Act (ADA).
(11) Signs. All proposed signs shall comply with the applicable provisions and requirements of this chapter. As part of its review and approval of a proposed development plan, the Plan Commission may grant waivers to those signage provisions and requirements.
(12) Parking. Adequate off-street parking facilities shall be provided to serve the proposed development according to the provisions and requirements of this chapter. The minimum number of parking spaces shall be provided, unless specifically waived as part of the development plan approval.
(13) Easements. Easements shall be provided as necessary for utility lines, storm water drainage facilities, and other similar facilities and uses. Easements shall be designed and laid out so that adequate utility service and storm drainage can be provided, and proper continuity exists between areas, uses, structures, parcels, and developments. Easement widths and locations shall comply with all applicable policies, standards, and specifications of the Board of Public Works, City Utilities, or other applicable utility or regulatory agency.
(14) Traffic. As part of its review of any proposed primary development plan, the Commission may require the preparation and submission of a traffic impact study and/or any other studies or information the Commission determines is necessary for proper consideration and review of the request.
(F) Waivers. The Plan Commission may waive or modify certain development plan design standards as part of its approval of a primary or secondary development plan. Such a waiver or modification may be granted provided that the following criteria are met:
(1) The waiver or modification is in conformance with the purposes and intent of this chapter along with the goals, objectives, and policies of the Comprehensive Plan.
(2) The Commission determines the applicant has submitted adequate evidence in support of the requested waiver or modification;
(3) The requested waiver or modification will be compatible with the immediate area, and will not be unduly detrimental to the use and value of the area adjacent to the property included in the request, and;
(4) The failure to grant the requested waiver would result in practical difficulties in the use of the property for the proposed development.
(Ord. 17, 2006, passed 11-27-2006
; Am. Ord. 5, 2010, passed 4-26-2010
)
§ 157.095 SIGNS.
(A) Purpose and intent. The purposes of this section are as follows:
(1) To encourage effective use of signs as a means of communication;
(2) To maintain and enhance the aesthetic quality of the city and thereby make the city more attractive to sources of economic development and growth;
(3) To improved pedestrian and vehicular traffic safety;
(4) To minimize the possible adverse effect of signs on nearby public and private property; and
(5) To enable the fair and consistent enforcement of the sign regulations.
(B) Applicability. A sign may be erected, place, established, painted, created or maintained in the jurisdiction of the City of Seymour Plan Commission only in conformance with these regulations. In order to accomplish the purposes set forth in does the following:
(1) Allows certain signs to be displayed without permits;
(2) Prohibits certain signs; and
(3) Requires permits for all signs not specifically exempted.
(C) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMATED SIGN. Any sign which moves or which appears to move by any mean, including fluttering or rotating. ANIMATED SIGNS shall include but are not limited to pennants, flags, balloons, ribbons, streamers, inflatable devices or propellers. For purposes of this section, this term does not refer to flashing or changing signs, all of which are separately defined.
BANNER. Any sign of lightweight fabric or similar material that contains a message or any kind. National flags, state or municipal flags, or the official flag on any institution or business shall not be considered BANNERS.
BEACON. Any light with one or more beams directed into the atmosphere or directed at one or more pints not on the same zone lot as the light source; also, any light with one or more beams that rotate or move.
BILLBOARD. A sign that advertises products or services not sold or distributed on the premises on which the sign is located.
BUILDING MARKER. Any sign indicating the name of a building and the date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.
BUILDING SIGN. Any sign attached to any part of a building, as contrasted to a freestanding sign.
CANOPY SIGN. Any sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.
CHANGEABLE COPY SIGN (AUTOMATIC). A sign such as an electronically or electrically controlled display sign or reader board where different copy changes are shown on the same lamp bank. A sign on which the message changes more than eight times per day shall be considered an ELECTRONIC MESSAGE CENTER SIGN and not a CHANGEABLE COPY SIGN.
CHANGEABLE COPY SIGN (MANUAL). A sign on which copy is changed manually and the area of which shall be included within the allotted face of sign square footage.
COMMERCIAL MESSAGE. Any sign wording. Logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business product, service, or other commercial activity.
ELECTRONIC MESSAGE CENTER SIGN. A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means.
FLAG. Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.
FREESTANDING SIGN. Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure.
INCIDENTAL SIGN. A sign, generally informational, that has a purpose secondary to the zone lot on which it is located, such as "no parking," "loading only," and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.
MARQUEE. Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
MARQUEE SIGN. Any sign attached in any manner to or made part of a marquee.
NAMEPLATE. A sign containing the name of the occupant or building and/or the address of the site.
NONCONFORMING SIGN. Any sign that does not conform to the requirements of this chapter.
PENNANT. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.
PROJECTING SIGN. Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall, but not more than 18 inches from the building.
RESIDENTIAL SIGN. Any sign located in a district zoned for residential use, provided such sign contains no commercial message except where advertising for goods or services legally offered on the premises is permitted, and only if offering such service at such location conforms to all requirements of this chapter.
ROOF SIGN. Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.
ROOF SIGN, INTEGRAL. Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.
SIGN. Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, or writing to advertise, announce the purpose of a person or entity, or to communication information of any kind to the public.
SUSPENDED SIGN. A sign that is suspended from the under side of a horizontal plane surface and is supported by such surface.
TEMPORARY SIGN. Any sign that is used or designed or intended to be used only temporarily and is not permanently mounted.
WALL SIGN. Any sign attached parallel to, but within 18 inches of a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
WINDOW SIGN. Any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.
(D) General requirements.
(2) Permits. Unless specifically exempted by this chapter, each sign placed, constructed, erected, or modified on a zone lot requires a permit. The form and content of sign permit applications shall be in conformance with the Plan Commission Rules of Procedure.
(3) Exemptions. The following types of signs are exempt from regulation:
(a) Any public notice or warning required by a valid and applicable federal, state, or local law or regulation;
(b) Any sign inside a building, not attached to a window or door within the lot line of the zone lot or parcel and not designed or intended to be read from a public right-of-way;
(c) Works of art that do not include a commercial message;
(d) Holiday lights and decorations with no commercial message, but only between November 15 and January 15;
(e) Traffic control devices on private property, such as stop, yield, one-way, no parking, and similar signs, the face of which meet Indiana Department of Transportation standards and which do not contain any commercial message;
(f) Directional or informational signs of a public or quasi-public nature, not exceeding 8 square feet in area containing no commercial message for any of the following purposes:
1. Indicating the name and/or location of a place such as a town, village, hospital, community center, private school, college, religious facility, or official civic body; and
2. Indicating the name and/or location of a special event, such as a state or county fair, community festival, or concert;
(g) Real estate signs no larger than six square feet; and
(h) Political signs.
(4) Removal. Signs on any building or zone lot that is vacant or abandoned as defined in this chapter shall be removed. The owner of the property on which such sign is located shall be responsible for the removal.
(E) Specific standards.
(1) Signs shall comply with the standards set forth on the following tables within this subchapter.
Signs by Type and Zoning District
P = Allowed without permit S = Allowed with permit N = Not allowed district
Sign type | RS RS-1 | R-1 | R-2 | R-3 | R-4 | C-1, C-2 | C-3 | C-4 | C-5 | I-1 | I-2 | I-3 | Institutional park, open space |
Sign type | RS RS-1 | R-1 | R-2 | R-3 | R-4 | C-1, C-2 | C-3 | C-4 | C-5 | I-1 | I-2 | I-3 | Institutional park, open space |
Freestanding | |||||||||||||
Residential | S | S | S | S | S | N | N | N | N | N | N | N | N |
Business | N | N | N | N | N | S | S | S | S | S | S | N | N |
Incidental | N | N | N | N | N | N | N | N | N | N | N | N | N |
Temporary | N | N | N | N | N | S | S | S | S | N | N | N | N |
Building | |||||||||||||
Banner | N | N | N | N | N | S2 | S2 | S2 | S2 | S2 | S2 | N | S2 |
Building marker | P | P | P | P | P | P | P | P | P | P | P | N | P |
Canopy | N | N | N | N | N | S | S | S | S | S | S | N | N |
Identification | P | P | P | P | P | S | S | S | S | S | S | N | N |
Incidental 1 | P | P | P | P | P | P | P | P | P | P | P | N | P |
Marquee | N | N | N | N | N | N | N | N | N | N | N | N | N |
Protection | N | N | N | N | N | S | S | S | S | S | S | N | S |
Residential | N | N | N | N | N | N | N | N | N | N | N | N | N |
Roof | N | N | N | N | N | N | N | N | N | N | N | N | N |
Roof integral | N | N | N | N | N | S | S | S | S | S | S | N | N |
Flush mount | N | N | N | N | N | S | S | S | S | S | S | N | S |
Suspended | N | N | N | N | N | S | S | S | S | S | S | N | S |
Temporary | N | N | N | N | N | N | N | N | N | N | N | N | N |
Wall | N | N | N | N | N | S | S | S | S | S | S | N | S |
Window | N | N | N | N | N | S | S | S | S | S | S | N | S |
Miscellaneous | |||||||||||||
Banner | N | N | N | N | N | S | S | S | S | S | S | N | S |
Portable | N | N | N | N | N | N | N | N | N | N | N | N | N |
Billboard | N | N | N | N | N | N | N | N | N | S3 | S3 | N | N |
Electronic message center | N | N | N | N | N | S | S | S | S | S | S | S | N |
1 Permanently mounted
2 Permit required if larger than two square feet
3 Permited only along interstate highways, provided they are at least 1,500 feet apart
Maximum Sign Area Per Zone Lot (square feet)1
RS RS-1 | R-1 | R-2 | R-3 | R-4 | C-1 | C-2 | C-3 | C-4 | C-5 | I-1, I-3 | I-2
| |
Maximum each sign2 | NA | NA | 100 | 100 | 100 | 100 | 100 | 100 | See § 157.085 | 100 | 100 | 100 |
Maximum total area | NA | NA | 50 | 50 | 50 | 200 | 200 | 200 | 100 | 200 | 200 | 200 |
1 Building markers incidental and identification signs and flags are not included in the total square footage.
2 Window signs may not exceed 25% of the window area.
3 The maximum area (each sign and total area) shall be increased to 280 square feet for a billboard.
Number, Height, and Setback of Signs by Zoning District
Zoning districts
| ||||||||||||
RS-1, RS-2 | R-1 | R-2 | R-3 | R-4 | C-1 | C-2 | C-3 | C-4 | C-5 | I-1, I-3 | I-2 | |
Maximum height (feet) | NA | 8 | 8 | 8 | 8 | 35 | 35 | 35 | 35 | 35 | 35 | 35 |
Mininimu m setback1 | NA | 6 | 6 | 6 | 6 | 6 | 6 | 6 | 6 | 6 | 6 | 6 |
Maximum number per zone lot | 0 | 1 | 1 | 1 | NA | NA | NA | NA | NA | NA | NA | NA |
1 Sign height shall not exceed the sign setback from any adjacent lot zoning and/or used for residential purposes. Signs shall not interfere with intersection visibility and shall comply with the standards of § 157.093. In the C-4 district, awning, projecting and suspended signs may be within the public right-of-way provided that they do not interfere with pedestrian or vehicular traffic.
Number and Dimension of Signs by Type
Number allowed | Maximum sign area | Minimum vertical clearance | ||
From sidewalk private drive parking | From public street | |||
Number allowed | Maximum sign area | Minimum vertical clearance | ||
From sidewalk private drive parking | From public street | |||
Freestanding | ||||
Residential, other, incidental | See previous table | NA | NA | |
Building | ||||
Banner | NA | NA | 9 feet | 12 feet |
Building marker | 1/building | 4 square feet | NA | NA |
Canopy | 1/building | 25% of vertical surface | 9 feet | 12 feet |
Identification | 1/building | NA | NA | NA |
Incidental | NA | NA | NA | NA |
Marquee | 1/building | NA | 9 feet | 12 feet |
Projecting | 1/building | NA | 9 feet | 12 feet |
Residential | 1/Zone Lot | 40 square feet | NA | NA |
Roof | 1/principal building | NA | NA | NA |
Roof, integral | 1/principal building | NA | NA | NA |
Suspended | 1/entrance | NA | 9 feet | 12 feet |
Temporary | See § 157.056 | NA | NA | NA |
Wall | NA | NA | NA | NA |
Window | NA | 25% of window | NA | NA |
Miscellaneous | ||||
Banner | NA | NA | 9 feet | 12 feet |
Flag | 60 square feet | 9 feet | 12 feet | |
Portable | 1 where allowed | 20 square feet | NA | NA |
Temporary | See § 157.056 | |||
Permitted Sign Types by Zoning District
S = Allowed w/ permit N = Not allowed
RS-1, RS-2 | R-1 | R-2 | R-3 | R-4 | C-1 | C-2 | C-3 | C-4 | C-5 | I-1, I-3 | I-2 | |
Animated | N | N | N | N | N | N | N | N | N | N | N | N |
Changeable copy | N | N | N | N | N | S | S | S | S | S | S | S |
Illumination, general | N | N | N | N | N | S1 | S1 | S1 | S1 | S1 | S | S |
Illumination external | N | S | S | S | S | S1 | S1 | S1 | S1 | S1 | S | S |
Illumination, exposed bulbs or neon | N | N | N | N | N | S | S | S | S | S | S | S |
Electronic message center | N | N | N | N | N | S | S | S | S | S | S | S |
1 No direct light or significant glare from the sign shall be cast onto any adjacent zone lot that is zoned or used for residential purposes.
(2) In the C-4 district, the following standards apply:
(a) The maximum area of all signs shall not exceed 75 square feet or one square feet of sign area for each two linear feet of building façade, whichever is smaller.
(b) No building sign shall exceed three feet in height.
(3) Location requirements for electronic message center signs:
(a) Setback from residential. The leading edge of an electronic message center sign shall be a minimum distance of 100 feet from an abutting residential use or residential zone boundary.
(b) Setback from other electronic message center signs. Electronic message center signs shall be separated from other electronic message center signs by a minimum of 100 feet.
(c) Orientation. When located within 500 feet of a residential use or a residentially-zoned parcel, the electronic message center sign shall be oriented so that no portion of the sign face is visible from an existing or permitted principal structure on that parcel.
(d) Location. The electronic message center sign shall be located on the parcel or lot of the use identified or advertised by the sign.
(e) No more than 50% of the facing surface of the sign may be comprised of a changeable electronic or digital display.
(4) Operational requirements for electronic message center signs:
(a) Dimmer control. All electronic message center signs shall be equipped with an automatic dimming photo-sensor control that automatically adjusts the sign’s brightness in correlation with real-time ambient light conditions.
(b) No electronic message center sign shall exceed an illumination level of 0.3 foot candles above ambient light as measured using a foot candle meter at a distance of 100 feet from the sign. This provision shall apply to both new and existing electronic message center signs within the jurisdictional limits of the city. As a prerequisite to the issuance of a permit for a new or replacement electronic message center sign, the manufacturer of the new or replacement sign shall certify in writing to the Building Commissioner that said sign meets or exceeds the operational requirements of this section. If an existing electronic message center sign is not capable of meeting this requirement, such sign shall be turned off between the hours of 10:00 p.m. and 6:00 a.m. regardless of the parcel’s zoning classification.
(c) Audio and pyrotechnics. Audio speakers or any form of pyrotechnics are prohibited in association with electronic message center signs.
(d) If an electronic message center sign is located within 100 feet of a residential use or zone, it shall be turned off between the hours of 10:00 p.m. and 6:00 a.m.
(e) Timing of display changes. Electronic message center signs shall be restricted to a maximum of 30 display changes per minute between the hours of 6:00 a.m. and 10:00 p.m. and restricted to a maximum of 15 display changes between the hours of 10:00 p.m. and 6:00 a.m.
(f) Electronic message center signs that were in place and operational prior to July 31, 2010 may continue in use provided that if the sign face is replaced or upgraded, the replacement or upgrade shall meet the operational standards of this section. Any change in use of the parcel on which an electronic message center sign existed prior to July 31, 2010 shall require that the sign shall meet the operational standards of this section.
(F) Temporary signs.
(1) Temporary sign permits shall allow the use of a temporary sign for a specified 30-day period.
(2) Permits for temporary private signs in the public right-of-way shall be for a maximum of ten days. No more than one permit for such temporary signs shall be issued to any applicant in any six-month period. Such permits are allowed only for signs containing no commercial message that are no larger than two square feet in area and are needed to indicate the time and/or location of an event of public interest.
(G) Design, construction, and maintenance.
(1) All signs shall comply with applicable provisions of the Indiana Building Code and the electrical code of the city at all times. Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this chapter, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame, or structure.
(2) All signs shall be maintained in good structural condition, in compliance with all building and electrical codes and in conformance with this chapter at all times.
(H) Prohibited signs. In addition to signs shown on the tables as prohibited in certain districts, the following signs are prohibited within the jurisdiction of the Seymour Plan Commission:
(1) Signs that interfere with visibility for drivers or pedestrians or in any other way endanger public health or safety;
(2) Signs attached to public light poles, street signs, traffic control signs, or other public standards, utility poles, or trees, or other signs located in the public right-of-way, other than those specifically permitted by this chapter.
(I) Nonconforming signs. Signs that are nonconforming shall be subject to the provisions of § 157.134.
(1) Installing, creating, erecting, maintaining, or altering a sign without obtaining a required permit;
(2) Installing, creating, erecting, maintaining, or altering a sign in a way that is inconsistent with any plan or permit governing such sign; and
(3) Failing to remove any sign that is installed, created, erected, altered, or maintained in violation of this chapter.
(Ord. 17, 2006, passed 11-27-2006; Am. Ord. 20, 2010, passed 11-8-2010)
§ 157.096 HOME-BASED BUSINESSES.
(A) Purpose and intent. It is the intent of this section to allow businesses to be operated in residences, provided that where residences are the principal uses of land, the residential interests shall take precedence over business interests to ensure the continued residential character of the property. Home-based businesses are permitted only as accessory uses.
(B) Businesses allowed without permits. Home-based businesses meeting the criteria below are permitted in any residential dwelling and do not require a permit:
(1) The primary use of the property is residential, and the operator of the home-based business resides in the dwelling unit.
(2) The operator of the home-based business does not employ solely for the business anyone not residing on the premises.
(3) There are no structural additions, enlargements or exterior alterations to accommodate the home-based business or which change the residential appearance to a business appearance.
(4) The business is conducted entirely within the residence and not in any accessory building.
(5) There is no additional and separate entrance incongruent with the residential structural design for the purpose of conducting the home-based business.
(6) There is no display of goods, signs, or other external evidence of the home occupation.
(7) There are no clients or customers who come to the premises for the purpose of patronizing the home-based business.
(C) Businesses requiring a permit. Home-based businesses meeting the criteria below are permitted but require an improvement location permit. Examples of such businesses include but are not limited to music instruction, tax preparation, financial planning, insurance sales, sewing and tailoring, and repairs of small items.
(1) There shall be no more than one nonresident person engaged on the premises in the operation of the business at any one time.
(2) There shall be no more than four clients, customers, or students at the premises at any one time for a purpose associated with the home-based business.
(3) If the home-based business is located in an accessory building, such building shall be of a type and size consistent with other accessory buildings in the neighborhood. No accessory building shall be constructed for the purpose of housing a home-based business.
(4) The business shall be conducted entirely within enclosed buildings, with the exception of seasonal outdoor instruction such as tennis or swimming lessons for no more than four students at any one time.
(5) Any sign associated with the home-based business shall be consistent with other signs permitted in residential districts and shall be no larger than two square feet in area.
(D) Prohibited businesses. The following are not permitted as home-based businesses:
(1) Any business utilizing hazardous or flammable materials;
(2) Any business that produces noise levels beyond those normally present in residential areas;
(3) Any business that produces odors, heat, glare vibration, or other similar effect at levels beyond those normally presents in residential areas; and
(4) Any business that requires approval from the State Board of Health, including but not limited to food service, beauty salons, and barber shops.
(E) Home-based businesses as conditional uses. The Board of Zoning Appeals may grant a conditional use permit to operate any home-based business not specifically prohibited herein, provided the Board makes findings that such business meets all the criteria for a conditional use contained in § 157.094.
(Ord. 17, 2006, passed 11-27-2006)
§ 157.097 STANDARDS APPLICABLE TO BURKART BOULEVARD.
Driveway separation distance on Burkart Boulevard from State Road 11 to Airport Road and US 50 on the West Side. From State Road 11 around to Airport Road and US 50 on the west side, all new driveways installed along Burkart Boulevard shall be a minimum of 900 feet apart from adjacent driveways or street intersections on the same side of the street. See other areas of the code for additional requirements.
(Ord. 2, 2021, passed 1-25-2021