(Ord. 2007-1B, passed 2-5-07)

 

            1.   Church steeples;

            2.   Spires, belfries, and cupolas; and

            3.   Industrial related storage tanks, mechanical equipment, and smokestacks.

            1.   Necessary mechanical appurtenances;

            2.   Utility substations and related essential facilities;

            3.   Water tanks;

            4.   Chimneys;

            5.   Fire towers;

            6.   Stair towers;

            7.   Stage bulkheads; and

            8.   Elevator bulkheads.

         (e)   Agricultural structures. All structures in a zoning district where agriculture is allowed that are used in agricultural products storage and/or processing may exceed the permitted height standards for the district in which they are located and be erected to any height that is necessary for their operation. This exemption shall not be interpreted as applying to commercial agricultural structures, such as commercial grain terminals and similar uses.

(Ord. 2007-1B, passed 2-5-07; Am. Ord. 2008-6B, passed 6-9-08)

         (a)   No accessory use or structure shall be permitted to be located, placed, or established on any lot prior to the issuance of a permit for a primary use or structure. All accessory uses and structures shall be permitted only in association with, and on the same lot as, the primary use or structure. Properties located in the RR (Residential Rural) and A (Agriculture) zoning districts shall be exempt from these requirements for agricultural purposes only.

         (b)   Notwithstanding division (B)(1)(a) above, residential storage structures may be permitted as a primary use, subject to Board of Zoning Appeals approval of a special exception, in a residential zoning district pursuant to the following requirements:

            1.   The structure shall be for the sole purpose of storing the owner's or tenant's personal property;

            2.   The structure shall be located on a lot or parcel that is under the same ownership as the principal residence;

            3.   The structure shall be located on a lot or parcel that is adjacent to the principal residence;

            4.   The structure shall be located on a lot or parcel that conforms to the subdivision requirements and lot standards of Chapters 155 and 156 of the Hancock County code;

            5.   The structure shall be designed and built to conform to the architectural standards referenced in this chapter;

            6.   The quantity of such structures on the lot or parcel shall not exceed one; and

            7.   The maximum cumulative storage area on the lot or parcel shall not exceed 1,000 square feet.

            1.   Single-family dwellings constructed and used as accessories to the primary dwelling on the property (otherwise commonly know as "mother-in-laws quarters" and "granny flats") shall be either:

               a.   Attached to, and designed and constructed as part of the primary

structure, or

               b.   Located above a detached garage or workshop.

            2.   In no case may any accessory dwelling exceed 850 square feet in living area.

 

         (a)   The solar energy system must remain subordinate to the primary structure in all characteristics;

         (b)   If placed on a flat roof, the solar energy system may not extend more than five feet above the roof and must be screened from the public right-of-way with the building's facade parapet or similar mechanism; and

         (c)   The maximum height to the top of the solar energy system shall not exceed the allowable height of the building (primary or accessory) to which it is attached.

(Ord. 2007-1B, passed 2-5-07; Am. Ord. 2008-8D, passed 8-18-08; Am. Ord. 2014-5E, passed 7-15- 14; Am. Ord. 2015-8A, passed 8-4-15; Am. Ord. 2022-4E, passed 4-19-22; Am. Ord. 2024-3A, passed 3-4-24; Am. Ord. 2024-8B, passed 8-6-24)

      (1)   Accommodate the temporary needs or properties and land uses;

      (2)   Ensure that temporary uses do not become permanent without proper scrutiny, and

      (3)   Protect the public welfare from the unique hazards that can be created by temporary uses and structures.

            1.   An unlimited number of one year extensions may be granted by the Board of Zoning Appeals or the Planning Director. The Board may impose reasonable conditions as part of its approval.

            2.   No extensions of the time limits described in this section shall be considered for any temporary use or structure that violates any requirements of this chapter as it existed at the time the extension is requested.

         (a)   Temporary model homes and temporary sales trailers shall be permitted in each development until either:

            1.   Building permits have been obtained for greater than 90% of the lots included in the preliminary plat for the development, or

            2.   Two years from the date of approval of the secondary plat or final detailed plan for the most recent section of the development, whichever is less.

         (b)   An improvement location permit shall be required.

         (d)   Design requirements. The placement of home sales facilities shall be consistent with the following requirements.

               a.   Model homes shall provide a minimum of two off-street parking spaces for the use of salespersons and potential buyers. The parking spaces shall conform to the size requirements of this chapter. Off-street parking for the facility shall be located in, and not extend beyond, the driveway. The driveway area shall be consistent in size and paving with those of the homes to be constructed in the development.

               b.   Temporary sales trailers shall provide two off-street parking spaces. The spaces shall be surfaced with stone meeting the requirements of the County Highway Engineer.

               a.   Model homes shall provide landscaping consistent with that which will be provided for homes to be constructed in the development.

               b.   Temporary sales trailers shall provide a landscape area extending from the trailer for five feet in each direction. The landscaping shall include a variety of shrubs and other materials consistent with the landscaping design of the development. The trailer site shall be graded to ensure proper drainage and treated with a combination of grass seed and sod appropriate to prevent erosion and provide a lawn consistent with that of the homes to be built in the development.

         (e)   Model home conversion. Prior to the sale of a model home for use as a residence, all signage shall be removed and the garage area restored.

(Ord. 2007-1B, passed 2-5-07)

(Ord. 2007-1B, passed 2-5-07)

      (1)   The purpose of these residential standards is to:

         (a)   Provide minimum requirements for residential facilities; and

         (b)   Establish the unique standards for new residential developments.

      (2)   This section also establishes requirements for residential facilities for the developmentally

disabled and mentally ill that both minimize conflicts with other uses and permits the establishment of such facilities consistent with I.C. 12-28-4-7.

            1.   Residential zoning districts R2.5 and R3.5 shall include provisions for recreation preserve areas, which shall be accessible by means of walking, hiking, biking, or automobile, and shall total in acreage, 6% of the gross number of acres. Land preserved as required in division (C)(1)(e) shall not be included in this area. Multifamily residential open space shall be provided at a minimum of 8% of the net land area.

            2.   Developments classified as R5.0 shall include provisions for recreation preserve areas, which shall be accessible by means of walking, hiking, biking, or automobile, and shall total in acreage, 10% of the gross number of acres. Land designated as floodplain shall not be counted towards required open space unless it is designated as common area and accessible to all owners of the common area.

               a.   A 20-foot landscaping area adjacent to the road or right- of-way. The landscaping shall be located in an area designated as common area. All attempts should be made to avoid conflicts with drainage and utility easements that would prevent the installation of landscape materials in accordance with the ordinance.

               b.   Trees shall be provided at a minimum rate of six trees per 100 lineal feet of perimeter planting. Perimeter plantings shall be a roughly equal mix of deciduous canopy trees and evergreen trees.

               c.   Shrubs shall be provided at a minimum rate often per 100 lineal feet of perimeter planting.

               a.   Decorative perimeter fences/walls shall be combined with plant material and shall be constructed of masonry, stone, wood, or decorative metal. Fences/walls constructed of synthetic materials that simulate natural materials will also be considered fences/walls shall be at least 36 inches in height, but not over 72 inches in height fencing/walls may only be provided by the developer and only located in the area designated as "common area" or "landscape easement." Landscaping shall be placed on the right-of-way side of the fence/wall.

 

 

               a.   The minimum number of shrubs required is a total for the side and front yard combined, not for each yard individually.

               b.   All trees shall be a minimum of two-inch caliper and all shrubs shall be a minimum of 18 inches in height per National Nursery Standards.

               c.   Lots that have existing trees in the front yard that meet the required minimum shall not be required to plant additional trees. In order for the existing trees to qualify as an existing tree it must be a minimum size of two-inch caliper measured six inches above the existing ground elevation at the base of the tree and be part of the finish landscape package upon completion of the residence and the final lot grading.

               d.   In addition to the above requirements, landscape packages for corner lots shall include a street- side yard (which shall be defined as the yard fronting the street on the side of the house that does not face the street) plan of one evergreen tree with a minimum height of six feet and 12 shrubs. The street-side yard shall be sodded for all developments designated R1.0 and higher densities.

               e.   All trees shall be planted such that upon maturation the branches and limbs shall not interfere with the adjacent property use. Any tree becoming such a nuisance shall be trimmed or cut back to eliminate the nuisance by the property owner.

               f.   Plant material shall be placed out of the sight visibility triangle in § 156.072. There should be a clear visibility zone between 36 inches and nine feet maintained by the property owner.

            1.   In developments which include any of the following, the developer shall be required to establish a homeowners association in accordance with the laws of the State of Indiana prior to transferring title to any property within the development:

               a.   The density is equal to or greater than one-half units per acre;

               b.   Common or open areas;

               c.   Landscaped entryway which will require annual maintenance; or

               d.   Public sidewalks.

            2.   The homeowners association shall be fanned as a corporation. The covenants of the subdivision secondary plat shall include the following language:

               b.   The homeowners association shall be professionally managed by a licensed property manager which shall be required by the association bylaws. The laws of the association shall further require that revisions to the bylaws, covenants, and/or the management firms' contract may occur only upon the consent of 80% or more of the lien holders of the property in the subdivision (not the property owners).

         (a)   Homes located adjacent to and directly across the street from each other shall not be of the same front elevation. This does not prohibit the home to the rear from being the same front elevation.

         (b)   Exterior chimneys for fireplaces shall be masonry in entirety unless placed on the rear exterior wall of the residence. Chimneys that do not originate on an exterior wall that protrude through the roof may be of material other than masonry, excluding aluminum.

         (c)   Roof pitch shall be no less than 6/12.

         (d)   Nine-inch overhangs on all roofs, except side gables may use an architectural alternative such as articulated cornices which create a dimensional affect with wood, vinyl or aluminum subject to Planning Director approval.

         (e)   Residences built on corner lots shall include a minimum of three windows of minimum size three feet by five feet, on the side of the home facing the street (street-side yard).

            1.   For single- and two-family residential uses the minimum driveway width shall be 12 feet.

            2.   For all multifamily uses refer to § 156.069.

         (g)   Developments in zones R2.5, R3.5 and R5.0 may contain fences in the street side yard provided the fences are consistently themed with the residence and are at least 50% open. Chainlink is prohibited in the front and street sideyard. Fences shall be no higher than 42 inches from the adjacent finished grade. The fence may be located no closer than five feet from the right-of- way and shall be located no closer than ten feet of the front line of the residence. The fence shall also be located outside of the sight visibility triangle if higher than 36 inches.

         (h)   Facade/exterior material shall be masonry veneer (brick, stone, textured and colored concrete masonry units), wood, fiber cement board siding, stucco, composite lap siding, decorative precast panels, aluminum, or heavy-gauge vinyl. Vinyl siding shall be approved and endorsed as meeting or exceeding ASTM D3679 by the Vinyl Siding Institute (VSI) through the VSI siding certification program. The minimum thickness of vinyl siding shall be 0.048 inches; lap siding shall have a maximum nine-inch exposed board face.

            3.   Unless adjacent to masonry wrap, all windows, doors and corners shall have a minimum nominal one-inch by six-inch wood or vinyl surround, shutters, decorative trim or headers.

            4.   The Planning Director may consider a request for modification to the masonry requirement when extraordinary or innovative architectural styles (Victorian, Farmhouse, Cape Cod) that provide many other architectural features maintain the spirit rather than the intent of the design guidelines.

            2.   Veranda/balcony;

            3.   Reverse gable;

            4.   Turrets;

            5.   Two or more roof planes visible on the front of the house;

            6.   Decorative garage doors or windows in garage doors;

            7.   A separate overhead door for each single garage bay;

            8.   Side-loaded or court-entry garage;

            9.   Brick, stone or textured concrete masonry on 100% of the front elevation (excluding openings);

            10.   At least four feet of relief at one or more points along the front or rear elevations;

            11.   Full first floor masonry wrap;

            12.   Sunroom, screened porch, or breakfast nook on rear for relief;

            13.   Transom windows;

            14.   Bay windows;

            15.   Two or more dormers;

            16.   Decorative geometric front, rear and side gable roof vents or windows; and

            17.   Window grids/grills.

            1.   Minimum pitch: 6/12.

            2.   Garage-forward design:

               a.   Front-loaded garages that protrude between eight and 12 feet forward of the dwelling area shall have at least one window installed in the garage wall that is perpendicular to the facade of the dwelling.

               b.   Front-loaded garages that protrude between 12 and 16 feet forward of the dwelling area shall have at least two windows installed in the garage wall that is perpendicular to the facade of the dwelling.

               c.   Garages that protrude more than 16 feet shall be side- loaded and shall install a window(s) that faces the street.

zoning districts R2.5, R3.5 and R5.0, located beyond one mile of a municipal boundary, shall include the following minimum building design standards:

         (a)   Homes located adjacent to and directly across the street from each other shall not be of the same front elevation. This does not prohibit the home to the rear from being the same front elevation. No more than 15% of the homes shall have the same front elevation.

         (b)   Exterior chimneys for fireplaces shall be masonry in entirety.

         (c)   Roof pitch shall be no less than 6/12.

         (d)   Twelve-inch overhangs on all roofs.

         (e)   Residences built on comer lots shall include a minimum of three windows of minimum size three feet by five feet, on the side of the home facing the street (street-side yard).

            1.   For single- and two-family residential uses, the minimum driveway width shall be 12 feet.

            2.   For all multifamily uses refer to § 156.069.

         (g)   Developments in zones R2.5, R3.5, and R5.0 may contain fences in the street side yard provided the fences are consistently themed with the residence and are at least 50% open. Chainlinks prohibited. Fences shall be no higher than 42 inches from the adjacent finished grade. The fence may be located no closer than five feet from the right-of-way and shall be located no closer than ten feet of the front line of the residence. The fence shall also be located outside of the sight visibility triangle if higher than 36 inches.

         (h)   Facade/exterior material shall be masonry veneer (brick, stone, textured and colored concrete masonry units, wood, fiber cement board siding, stucco, composite lap siding, decorative precast panels, or aluminum).

            1.   Front elevation. All homes shall have masonry (brick, stone, textured and colored concrete masonry units) on a minimum 60% of the front elevation, excluding doors, windows, and other openings.

            3.   Unless adjacent to masonry wrap, all windows, doors and corners shall have a minimum nominal one-inch by six-inch wood surround, shutters, decorative trim or headers.

            4.   The Planning Director may consider a request for modification to the masonry requirement when extraordinary or innovative architectural styles (Victorian, Farmhouse, Cape Cod) that provide many other architectural features maintain the spirit rather than the intent of the design guidelines.

            2.   Veranda/balcony;

            3.   At least two reverse gable;

            4.   Turrets;

            5.   Two or more roof planes visible on the front of the house;

            6.   Decorative garage doors or windows in garage doors;

            7.   A separate overhead door for each single garage bay;

            8.   Side-loaded or court-entry garage;

            9.   Brick, stone or textured concrete masonry on 100% of the front elevation (excluding openings);

            10.   At least four feet of relief at one or more points along the front or rear elevations;

            11.   Full first floor masonry wrap;

            12.   Sunroom, screened porch, or breakfast nook on rear for relief;

            13.   Transom windows;

            14.   Bay windows;

            15.   Two or more dormers;

            16.   Decorative geometric front, rear and side gable roof vents or windows; and

            17.   Window grids/grills.

         (l)   Windows. Windows are required on all sides of the dwelling that are adjacent to a street, common area, or not perpendicular to the street.

            1.   Minimum pitch: 6/12.

               a.   Front-loaded garages that protrude between eight and 12 feet forward of the dwelling area shall have at least one window installed in the garage wall that is perpendicular to the facade of the dwelling.

               b.   Front-loaded garages that protrude between 12 and 16 feet forward of the dwelling area shall have at least two windows installed in the garage wall that is perpendicular to the facade of the dwelling.

               c.   Garages that protrude more than 16 feet shall be side-loaded and shall install a window(s) that faces the street.

(Ord. 2024-6A, passed 6-4-24)

(Ord. 2007-1B, passed 2-5-07; Am. Ord. 2010-9B, passed 9-20-10)

      (1)   Manufactured homes in a single-family residential zoning districts shall comply with the minimum development and design standards of the residential zoning district as set forth in § 156.065.

(Ord. 2007-1B, passed 2-5-07)

       (1)   Encourage the protection of unique environmental features; and

      (2)   Protect persons and property from the dangers presented by both the natural and built environments. Some of the following standards refer to complimentary state or federal regulations, that are not enforced by the county, in order to increase awareness of these regulations.

(Ord. 2007-1B, passed 2-5-07)

            1.   All such vehicles, including antique vehicles, shall be stored within the rear or side yard. In no case shall such vehicles be stored in any front yard, buffer yard, required landscape area, or required setback area.

            2.   All storage areas for such vehicles shall be completely enclosed with a six-foot tall, 100% opaque wood, stone, or masonry fence. Gates allowing access to the storage areas are permitted, shall be closed when not in use, and shall consist of six-foot tall, 100% opaque wooden doors.

            1.   For purposes of this section, open parking shall be construed as the unenclosed presence or storage of any recreational vehicle as defined in § 156.121.

            2.   Open parking of a recreational vehicle shall be subject to the following standards:

               a.   At no time shall a recreational vehicle be occupied or used for living, sleeping, or housekeeping purposes except for visitation as described in this section.

               b.   No portion of any required minimum front yard setback shall be used for the open parking of a recreational vehicle or parts thereof except for visitation purposes as described in this section.

               c.   The wheels or any similar transporting devices for a recreational vehicle shall not be removed except for repairs, nor shall such vehicle be otherwise permanently fixed to the ground in a manner that would prevent ready removal of the vehicle.

               d.   Not more than one recreational vehicle shall be permitted to be openly parked at any time. However, one additional recreational vehicle shall be permitted for visitation purposes not to exceed 30 days in any three-month period.

            3.   Notwithstanding the provisions of this section, a recreational vehicle may be parked anywhere on the premises for loading and unloading purposes for a period not to exceed seven days in any 14-day period.

            1.   The parking of a commercial vehicle shall be limited to one standard sized vehicle including cars, SUVs, and pick-up trucks. The parking of automobile trailers is not permitted. As an exception, any commercial vehicle may be stored within an enclosed structure. Semi-tractor/trailer storage shall be prohibited except as permitted in § 156.02 et seq.

            2.   This regulation shall not be interpreted to apply to commercial vehicles used for conveying the necessary tools and materials to premises where labor, using such tools and materials, is to be performed during the time of parking such vehicles, or to commercial vehicles in the process of temporarily loading or unloading deliverable goods.

         (a)   Space requirements. A minimum of two off-street parking spaces are required for each dwelling unit. In addition, parking spaces for management offices, sales facilities, self-service laundries, and other accessory uses shall be equal to one-half of the requirements for those uses established by division (D) below.

            1.   All required parking spaces for the disabled shall be those that are the closest to the main entrance of the primary structure.

            2.   Parking spaces for the disabled shall count toward the total number of spaces required by this chapter.

            1.   Thirteen if one-way traffic and no parking or 45 degree parking;

            2.   Eighteen feet if one-way traffic and 60 or 90 degree parking;

            3.   Twenty-four feet if one-way traffic or accessing a loading berth.

         (c)   Off street parking in the front set back shall be prohibited.

 

(Ord. 2007-1B, passed 2-5-07; Am. Ord. 2010-2C, passed 4-5-10)

         (a)   All exterior loading berths for commercial and institutional uses shall be oriented to face the side or rear yards of the lot on which they are located.

         (b)   No loading space may be located in any front yard or any required buffer yard.

(Ord. 2007-1B, passed 2-5-07)

            1.   Fourteen feet per lane (exclusive of any medians) if from a nonresidential or multifamily residential use onto any type of street, and

            2.   Thirty-two feet total if from a single-family or two-family use onto any type of street.

            1.   All entrances providing access to a public right-of-way from all lots used for purposes other than single or two-family residences shall be designed so that vehicles are traveling in a forward direction when entering and leaving.

            2.   In no case may any entrance for any use be designed to require a vehicle to back onto any arterial or collector street.

            1.   For single and two-family residential uses the minimum driveway width shall be 12 feet.

            2.   For all multifamily uses refer to § 156.069.

(Ord. 2007-1B, passed 2-5-07; Am. Ord. 2020-8E, passed 8-18-20)

(Ord. 2007-1B, passed 2-5-07)

            1.   Describes the tower height and design including a cross-section, latitude, longitude, and elevation;

            2.   Documents the height above grade for all potential mounting positions for co-located antenna and the minimum separation distance between antenna;

            3.   Describes the tower's capacity, including the type and number of antenna it can accommodate;

            4.   Documents what steps the tower owner will take to avoid interference with established public safety telecommunication facilities; and

            5.   Includes an engineer's stamp and registration number.

            1.   Wireless telecommunication towers should generally be of a monopole design and, when located within or adjacent to an environmentally or aesthetically sensitive area, or a residential district, be designed to architecturally camouflage the wireless telecommunication tower as much as reasonably practical to blend into the surroundings.

            2.   The use of residentially compatible materials such as wood, brick, or stone is required for associated accessory structures, which shall be designed to architecturally match the exterior of any adjacent residential or commercial structures within the neighborhood or area.

            1.   Each additional user shall be assumed to have an antenna loading equal to that of the initial user.

            2.   Towers must be designed to allow for rearrangement of antennas and to accept antennas mounted at varying heights.

            1.   In the Commercial (C) zoning districts and Institutional zoning districts the maximum height of the tower shall be 150 feet. The maximum height of any accessory structure shall be 15 feet.

            2.   In the Industrial (I) and Agriculture zoning districts the maximum height of the tower shall be 200 feet. The maximum height of any accessory structure shall be 15 feet.

            1.   An area ten feet in width shall remain outside of the fence for the purpose of providing the landscape screening described in division (B)(5)(h) below.

            2.   In all zoning districts, the required security fence enclosing the facility shall be 100% opaque and of wood, brick, or stone construction. Opaque eight-foot tall wooden gates shall be provided to access the facility.

            1.   If evergreen hedges are used they shall be a minimum of two feet tall at the time of planting (measured from ground level) and shall be planted a maximum of three feet on center.

            2.   If evergreen trees are used they shall be a minimum of five feet tall at the time of planting (measured from the top of the rootball), and shall be planted a maximum of ten feet on center.

            3.   Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.

(Ord. 2007-1B, passed 2-5-07)

         (4)   Swimming pools, private, shall be designed and installed in conformance with 675 IAC 20.

(Ord. 2007-1B, passed 2-5-07; Am. Ord. 2007-6A, passed 6-4-07; Am. Ord. 2014-5D, passed 4-22- 14; Am. Ord. 2015-8A, passed 8-4-15)

      (5)   Refer to the list of approved tree species (Appendix 1), and examples of buffer yard installations (Appendix 2), at the end of this section.

         (a)   All applications and improvement location permits require the submittal and approval of a landscape plan. Permits shall not be issued without an approved landscape plan.

         (b)   The final certificate of occupancy shall not be issued until the entire landscape plan is implemented as approved. If a temporary certificate of occupancy is requested prior to the installation of plantings, a surety bond of 110% of the value of landscape material and labor shall be posted with the county. This bond shall be released when the final certificate of occupancy is issued.

         (c)   Changes to the landscape plan after approval shall be resubmitted to the Planning Department for administrative review. Changes shall be noted using a revision cloud on any portion of the plan that has changed and a narrative describing what the changes are and why they have been made.

         (d)   When a calculation results in a portion, anything over 0.5 shall be rounded up to the nearest whole number. Anything less than 0.5 shall be rounded down to the nearest whole number

         (a)   All landscape plans that affect more than 1,500 s.f. and/or more than 5% of the total site acreage shall be prepared and stamped by a licensed professional landscape architect in good standing in the State of Indiana.

         (b)   Submittal plans shall include the following information:

            1.   North arrow and scale;

            2.   Name and contact information of the owner;

            3.   Existing and proposed buildings on the site and on adjacent parcels;

            4.   Existing property line, easements, ROW lines, above and below grade utilities, vegetation, and grading;

            5.   Proposed easements, above and below grade utilities including light pole locations, and grading including berming and swales;

            6.   Proposed plant material, including location, type, botanical name with cultivar designation, common name, quantity and size at time of planting; and

            7.   Ordinance chart documenting all landscape requirements and calculations for each landscape provision required on the site, including what is required per the ordinance and what is provided on the plan. If the provided amount of landscape material is less than what is required, provide an explanation for the lesser amount.

            1.   Overall site requirements;

            2.   Building base requirements;

            3.   Parking lot perimeter requirements;

            4.   Parking lot interior requirements;

            5.   Screening requirements; and

            6.   Buffer requirements.

         (d)   Sight distance triangles shall be placed on the landscape submittal plan per § 156.072.

         (a)   The following minimum plant sizes shall be provided with new landscape installations:

            1.   Shade tree: 12 feet tall and 2.5 inch caliper as measured 12 inches above the root ball.

            2.   Clump form shade tree: 12 feet tall as measured from the top of the root ball and a minimum of three stems.

            3.   Evergreen tree: six feet tall as measured from the top of the root ball.

            4.   Ornamental tree: six feet tall and 1.5 inch caliper as measured 12 inches above to root ball.

            5.   Clump form ornamental tree: six feet tall as measured from the top of the root ball and a minimum of three stems.

            6.   Shrubs: 18 inch height as measured from the top of the root ball or 24 inch spread across the narrowest length of the shrub.

         (b)   Plant substitutions shall be allowed as follows:

            1.   One evergreen tree can substitute for three shrubs within a buffer yard condition

            3.   Ornamental grasses at least three feet in height at maturity can substitute for up to 40% of the shrub requirement in all conditions.

         (c)   To encourage diversity, no more than 20% of any one given plant species shall be proposed on a site, or a minimum of three species shall be used for small scales projects.

         (d)   Plants identified as invasive by the State of Indiana shall not be installed for any reason in any development. This provision applies to all invasive species regardless of invasive rank or Indiana legal status. Any site renovation that affects more than one-third of the total acreage or increases the building square footage by more than 33% shall remove all existing plant material identified as invasive and be replaced with native or non-invasive species.

         (e)   No trees or plants shall be placed under overhead utility lines or within utility easements unless approved in writing by the specific utility provider or intended to be part of the best management practice for a drainage swale or bioretention system.

         (f)   Plants shall not be placed within a right-of-way (ROW) without written permission from the County Highway Engineer or Indiana Department of Transportation.

         (a)   When existing trees that are greater than eight inch caliper are present on a site, the site plan shall be developed in a way to preserve no less than 50% of the existing healthy and non-invasive tree canopy. Development shall be defined as any pavements, buildings, grading, drainage, and infrastructure required to provide a functioning site. Existing trees can be used towards meeting the requirements of this section.

         (b)   New tree and shrub arrangements shall be developed to accommodate plant growth, maintain clearances, and minimize unsafe conditions.

            1.   Canopy and ornamental trees shall be placed to ensure at maturity a minimum of ten feet is provided between the tree trunk and structures, buildings, overhangs, wells, fences, and other trees.

            2.   Evergreen trees shell be placed in a staggered configuration to provide intended screening but avoid crowding. Inadequate air flow and shading of bottom branches causes disease and loss of needles on the bottom branches.

            3.   Shrubs shell be placed to allow for a minimum of two-foot clearance at maturity when adjacent to a parking space to accommodate vehicle overhand and opening doors.

            5.   Trees shall be a minimum of 15 feet from all light poles.

            6.   Evergreen trees shall be planted a minimum of 20 feet from a parking lot edge and 35 feet from a sidewalk or pedestrian path.

         (c)   No more than 30% of the site shell utilize stone or aggregate mulch as a ground cover or base around plantings. Lawn or an alternate living ground cover shall be provided in all other areas. Wood mulch shall be replaced and lawn areas shall be repaired to ensure bare ground is not left exposed for more than a three-month period.

         (d)   Stands of native plantings, including bioswales and prairie plantings, shall be encouraged in lieu of typical lawn. These areas shall be maintained to minimize weed species, including Canadian thistle, cat tails, Queen Anne's lace, clover, and other species that outcompete native forbs and grasses. Areas of native plantings shall be mown annually.

         (e)   Parcels located within the Airport Overlay District, as defined in § 156.043, shall follow all FAA planting restrictions and guidelines for plant spacing, species selection, and ground cover requirements. The FAA planting restrictions supersede requirements found within the zoning section, but they do not relieve the owner from meeting the intent of this landscape section.

         (a)   All plant material shall have a one year warranty and shall be replaced if dead, diseased, dying, or otherwise removed before the end of the first year following issuance of the final certificate of occupancy.

         (b)   Unless otherwise dictated by FAA guidelines, all plant material shall be allowed to:

            1.   Grow to its intended size and form; and

            2.   Mass together into hedges.

         (c)   Trees that are "topped" shall be removed and replaced with an equivalent number of caliper inches of new trees.

         (d)   Shrubs that are sheared into individual plants shall be supplemented with a second row of the same shrub, staggered to fill in the bare spaces.

         (a)   All plant material provided to meet other provisions of this section shall be counted toward the overall site landscape requirement calculation.

         (b)   When existing stands of trees are used to meet this requirement, the square foot area occupied by healthy, non-invasive trees to be saved and protected during construction shall be subtracted from the overall site acreage.

         (a)   Provide one shade or ornamental tree/30 l.f. of the building perimeter. Trees can be grouped but no more than 60 l.f. between trees. Trees shall be planted to soften the building but shall be planted a minimum of ten l.f. from the structure.

         (c)   For side and rear façades, provide one shrub or ornamental grass/ten l.f. of building perimeter. Shrubs shall be grouped into planting beds and not spaced at ten feet o.c.

         (a)   Provide one shade or ornamental tree/50 l.f. of building perimeter.

         (b)   For all façades facing a public ROW, provide one shrub/25 l.f. Shrubs shall be grouped into planting beds and not spaced at 25 feet o.c.

      (1)   These requirements apply to:

         (a)   Parking lot installation or expansion areas.

         (b)   Parking lot expansions that increase the impervious surface area by more than 33% shall require the entire parking lot to be brought up to current zoning requirements.

         (a)   Parking lots facing a public ROW or a residential zone/use shall provide one shade tree and ten shrubs/30 l.f.

            1.   Shrubs shall be arranged in a manner to provide 100% screening of the edge of the parking lot spaces.

            2.   Shrub species selections shall be able to reach a mature height of 42 inches and shall be maintained as a continuous hedge condition.

            3.   Evergreen shrubs shall make up 50% of parking perimeter shrubs

         (b)   Parking drive lanes facing a ROW or a residential zone/use shall provide one shade tree and five shrubs/30 l.f.

         (d)   When parking lot edges are located within 50 feet of a buffer yard condition, the stricter requirement shall be provided.

         (a)   Provide one shade tree and three shrubs/15 parking spaces.

         (b)   Parking lot interior plantings shall be located within islands, medians, traffic delineators, or other areas that have pavement on a minimum of two sides.

         (c)   Trees shall have a minimum of 200 s.f. of soil as measured from the back of curb and be dispersed evenly throughout the parking lot.

         (d)   No parking space shall be further then 70 l.f. from the trunk of a shade tree.

         (e)   Shrubs shall be grouped to avoid damage from car doors and car overhangs.

         (f)   All parking lot interior plantings shall be protected with a curb.

      (1)   Screening comprised of a minimum six-foot tall opaque screen made of masonry walls, berms and other solid, opaque materials that absorb noise shall be provided for the entire length of the following conditions when facing a public ROW or a residential zone/use. These screen elements shall be softened using plant material as defined under division (F) below regarding buffers:

         (a)   Loading docks, including area required for truck circulation and unloading staging;

         (b)   Dumpsters and refuse collection areas;

         (c)   Trailer storage not intended for sales; and

         (d)   Equipment/material/service storage yard.

      (2)   Screening comprised of walls, evergreen shrubs and trees, parapets, mounding, opaque fencing, other screening elements, or the combination of these items shall be provided for the following conditions when facing a public ROW or residential zone/use. Access for maintenance shall be incorporated into the design of the space:

         (a)   Ground-mounted utility units;

         (c)   Transformers; and

         (d)   Mechanical equipment.

 

 

 

(Ord . 200 7-1B, pass ed 2-5- 07; Am. Ord. 2015- 12C, passed 12- 1-15; Ord. 2022-1 0I, passed 10-1 8-22)

         (a)   A photometric plan, with fixture details, with each application for an improvement location permit that requires a development plan; and

         (b)   A photometric report prior to issuance of the occupancy permit that verifies compliance with the lighting requirements of this section.

      (1)   Lighting shall be designed to provide the minimum lighting necessary to ensure adequate vision, comfort, and safety for travel ways and parking areas, while avoiding glare and direct illumination of adjacent properties or streets. These lighting requirements shall apply also to interior drives and other areas on the property used by vehicles.

      (2)   Light fixtures shall be:

         (a)   Full cutoff when adjacent to a residential use, including multi-family and approved as a “dark sky” fixture; and

         (b)   Full cutoff or cutoff fixture when adjacent to industrial, commercial, or institutional uses, and shall be approved as a "dark sky" fixture.

         (a)   Maximum color temperature of light: 3,500 Kelvin.

         (b)   All light sources for commercial, institutional, and industrial uses that do not have 24-hour operating hours shall be dimmable and connected with a timer and motion sensor.

         (c)   Maximum foot candles at the site boundary for all light sources, including but not limited to parking lots, display lots, building canopies, monument and building signs, building wash and accent, recreation field, and security:

            1.   Adjacent to industrial, commercial, or institutional uses: 0.5 foot candles.

            2.   Adjacent to agricultural or residential uses, including multi-family: 0.2 foot candles.

         (d)   The minimum mounting height for street and parking lot light fixtures shall be as follows:

            1.   Twenty feet within agricultural, single-family residential, and multi-family residential use sites.

            2.   Twenty-five feet within commercial and institutional use sites.

            3.   Thirty feet within industrial use sites.

      (1)   All light fixtures mounted on the canopies shall be recessed so that the lens cover is recessed or flush with the bottom surface (ceiling) of the canopy; or

      (2)   The lighting of the canopy shall use indirect lighting through which light is beamed upward and then reflected down from the underside of the canopy by light fixtures that are shielded so that illumination is focused exclusively on the underside of the canopy.

      (3)   Lights shall not be mounted on the top or sides of any canopy and the sides of the canopy shall not be illuminated. In no instances shall this be interpreted as prohibiting the placement of signs on the canopy which are illuminated consistent with the standards for sign illumination in this section.

      (1)   All lighting fixtures used to illuminate exterior display/sales areas shall be cut-off or full cut-off fixtures (luminaires) focused directly downward onto the display/sales area. Such light fixtures shall be located, mounted, aimed, and shielded so that direct light is not cast onto adjacent streets or properties.

      (2)   All lighting fixtures and mounting poles shall be located within the areas being illuminated.

      (1)   Lighting fixtures for the playing fields and/or performance areas shall be specifically mounted and aimed so that their beams fall directly within the play/performance area and its immediate surroundings and does not spill onto adjacent streets or properties.

      (2)   The use of spotlights and/or floodlights to illuminate the play/performance area shall be permitted; however, each facility shall be designed and constructed with a dual lighting system which permits the main lighting for the event (spotlighting, floodlighting, and the like) to be turned off, with an alternate low level lighting system used for clean-up, night maintenance and other activities.

         (a)   Shall be shielded and specifically aimed so that illumination is directed only to the intended area;

         (b)   The light source for any security lighting shall include shields that prevent their light source or lens from being visible from adjacent properties and/or streets;

         (c)   Security lighting fixtures may be mounted on poles located no further than ten feet from the perimeter of the area intended to be illuminated.

         (a)   Security lighting fixtures in residential areas shall make use of indirect and reflected lighting techniques to provide soft lighting under canopies, entry porches, or soffits.

         (b)   The light source shall include shields that prevent the light source or lens from being visible from adjacent properties and/or streets.

      (1)   Light fixtures including wall packs and decorative lighting shall be located, aimed, and shielded so that light is directed only onto the building façade.

      (2)   Lighting fixtures shall not be directed toward adjacent streets or roads.

      (3)   Lighting fixtures shall be designed to wash the façade of the building with light (rather than providing a spot or floodlight affect) and may be directed upward or downward onto the façade.

      (4)   Buildings located within or adjacent to residential use sites shall only provide fixtures that aim down for building wash.

      (5)   Exterior façade lighting shall be contained on the building façade or in the landscape areas adjacent to the building and shall focus on entries and architectural features.

(Ord. 2007-1B, passed 2-5-07; Am. Ord. 2022-12F, passed 12-20-22)

         (a)   Improvement location permit applications for new structures submitted on or after the effective date of this chapter;

         (b)   Expansions greater than 50% of pre-existing facilities; and

         (c)   Expansions to other structures that result in a structure greater than 20,000 square feet in gross floor area.

            1.   Site planning which encourages compatibilitly between the site and the buildings and between all buildings on the site is encouraged. Where natural or existing topographic patterns contribute to a development, they shall be preserved and developed. Modification to topography shall be permitted where it contributes to the overall development.

            2.   The orientation of buildings shall promote interaction with the street and provide a pedestrian friendly environment.

            3.   Newly installed infrastructure and service revisions necessitated by exterior alterations shall be underground. To the extent possible, all existing overhead utilities shall be relocated underground.

            4.   All structures shall be evaluated in terms of scale, mass, color, proportion, and compatibility with adjoining developments.

            5.   Colors shall be subtle, harmonious and non-reflective. Accents shall be compatible.

            1.   Frontage roads, access roads, and distributors roads may have to be constructed.

            2.   Shared access shall be coordinated with contiguous lots and designed to preserve the aesthetic benefits provided by the greenbelt areas. Access at the side or rear of buildings is encouraged.

            3.   New access points onto the major and minor arterials within the corridor overlay zone shall be coordinated with existing access points whenever possible and approved by the County Highway Engineer.

            4.   The following curb cut policy shall apply throughout the US 40, US 52, US 36, and CR 600W corridors.

               a.   Curb cuts shall be no closer than one foot for each 400 feet of frontage.

               b.   No curb cuts shall be within 200 feet of any intersection of public roads.

               c.   Opposing curb cuts shall align squarely or be offset no less than 200 feet.

            1.   Stub streets shall be built in all cases where adjacent lots have reasonable potential for development.

            2.   Reasonable potential shall include any adjacent parcel of adequate size for commercial or residential development or any adjacent parcels determined to have reasonable potential by the County Area Plan Commission or its duly appointed or designated representative.