1. "P" indicates a Permitted Use, where the use is permitted as a matter of right, subject to the general standards of Division 2.300, General Standards, and all other applicable provisions of this UDC.
2. "L" indicates a Limited Use, which is permitted subject to review by the Planning Director for compliance with the standards of Division 2.300, General Standards, and the applicable performance standards of Division 2.500, Limited and Special Use Standards. Not all properties or project designs may meet these requirements, thus the use may not be allowed to be established on every parcel within the district.
3. "S" indicates a Special Use, which is allowed only upon granting a special use permit as provided in Section 15.203, Discretionary Approvals. The Board of Zoning Appeals reviews special use permit applications for compliance with the standards of Division 2.300, General Standards, and the applicable performance standards of Division 2.500, Limited and Special Use Standards. Not all properties or project designs may meet these requirements, thus the use may not be allowed to be established on every parcel within the district.
4. "X" indicates a prohibited use.

1. Intensive agriculture.
2. Disposal facilities involving radioactive materials.

1. A proposed use that is either not listed or ambiguous shall be considered a subcategory of a permitted, limited, or special use if:
   1. Its North American Industrial Classification System (NAICS) code is a subset of an NAICS code for a permitted, limited, or special use; and
   2. With regard to each of the decision criteria enumerated in subsection B., the proposed use's impacts are not materially greater than the permitted, limited, or special use with the more general NAICS code.
2. A proposed use that is either not listed or ambiguous shall be considered a functionally similar use to a permitted, limited, or special use if with regard to each of the decision criteria enumerated in subsection B., the proposed use has no greater impacts than the permitted, limited, or special use with which it is functionally similar.

1. Parking demand;
2. Average daily and peak hour trip generation (cars and tucks);
3. Water demand;
4. Solid waste generation;
5. Impervious surface;
6. Noise;
7. Lighting;
8. Dust;
9. Odors;
10. Use and storage of hazardous materials;
11. Character of buildings and structures;
12. Character of operation; and
13. Hours of operation.

1. If the Planning Director approves an application for a decision pursuant to this Section, then the use shall be permitted as a permitted, limited, or special use, with the same restrictions as the use to which it was compared for the purposes of the favorable decision.
2. If the Planning Director determines that a proposed use is not a subcategory of, or functionally similar to, a permitted, limited, or special use, then the proposed use is a prohibited use.

1. Any district that also permits residential uses; or
2. The PS district.

1. The SR, GR, and UR residential districts; and
2. The PS district.

1. Into separately owned property, unless a recorded document provides for access to and maintenance of the projection; or
2. Into public property, rights of way, or access easements, except as provided in Table 2.301, Permitted Projections into Required Yards and approved by the Board of Public Works and Safety; or
3. Into utility easements, unless the design of the improvement and a recorded agreement allows access to the utility and allows the utility or the City to efficiently remove the encroachment at the property owner's expense.

1. Interior side and rear yards: Six feet.
2. Street side yards: Four feet.
3. Area between front building line (or abutting property owner's front building line on the same side as the proposed fence, whichever is closer to the street) and street: Four feet.
4. In side or rear yard abutting a CG, INL, or INH zoning district: Eight feet.
5. In side or rear yard abutting an arterial or collector: Six feet.

1. Sidewalks: Six inches.
2. Streets:
   1. Generally: Five feet.

   2. Intersection of street lot lines: 20 feet.

3. Alleys:
   1. Face is at least 40 percent opaque: Three feet.
   2. Face is less than 40 percent opaque: One foot.

1. All fences that face public rights-of-way, except alleys, shall be ornamental.
2. Open picket fences that are located in front yards or street side yards shall be designed such that 40 percent of the face of the fence is evenly spaced openings between pickets.
3. Slats shall not be installed on fences.

1. Materials shall be durable, and of a character commonly used in residential applications, including: weather resistant wood species, split rail, wood treated with U.S. Environmental Protection Agency approved preservatives, painted wood, ornamental wrought iron or powder-coated aluminum, vinyl, brick, and stone.
2. Chain Link and Welded Wire fences are permitted only in interior side yards and rear yards that are not also street yards. Welded Wire fences shall meet the following requirements:
   1. Welded Wire fences shall have coated wire.  
   2. Welded Wire fences shall have a minimum of 11 1/2 Gauge Wire. 
   3.  Welded Wire fences shall be installed with a top and bottom border and/or rail. 
3. Scrap lumber, plywood, tree branches, tree trunks, sheet metal, plastic, or fiberglass sheets are expressly prohibited. Barbed wire, spikes, nails, or other sharp point or instrument on top or sides of such fence are prohibited. Agricultural Fencing and Chicken Wire Fences are not permitted.
4. Barbed wire cradles facing inward toward the property may be placed on top of fences enclosing public utility buildings or wherever the Building Commissioner finds that such are necessary to address a demonstrated security interest.

1. Fences, walls, or hedges, which are specifically required pursuant to Article 10, Landscaping, shall conform to the requirements of that Section.

1. Height: One story or 17 feet, whichever is lower.
2. Footprint: Accessory buildings are counted toward the calculation of building coverage. In addition, no detached accessory building or buildings shall cover an area that is larger than that covered by the principal building, nor be larger than 25 percent of the required rear yard or 600 square feet, whichever is more, except that:
   1. In the ER district, no detached accessory building or buildings shall cover an area that is larger than the smaller of:
      1. 50 percent of the footprint of the principal building; or
      2. 1,800 square feet.
   2. In the RU district:
      1. Accessory buildings and structures are permitted as needed to support agricultural uses.
      2. Non-agricultural accessory buildings and structures are limited as if the parcel proposed for development was zoned ER.
3. Setbacks:
   1. Front:
      1. Carports or Garages: Behind front building line.
      2. Other Detached Accessory Structures: Behind Principal Building 
   2. Street Side: Equal to the required front setback for the zoning district.
   3. Interior Side:
      1. Equal to the required side yard setback for the zoning district. 
   4. Rear:
      1. Generally: Six (6) feet; except where easements require a greater distance
      2. Garage with Door Facing Alley: 20 feet.
   5. Buildings on the Same Lot: 6 feet.
4. Configuration of Detached Carports and Garages: Detached carports and garages that serve attached single-family dwellings or multifamily dwellings shall not:
   1. Be located closer than 20 feet to a building setback line on an adjacent lot that is not used for attached single-family dwellings or multifamily dwellings of the same type;
   2. Interfere with building ventilation
5. Easements: Accessory structures shall not be located within access or utility easements unless the easement expressly allows the encroachment.
6. Detached Carports and Garages shall be designed to be compatible with the principal building in terms of:
   1. Color, which shall be the same as the principal building or which shall compliment the principal building;
   2. Materials, which shall be the same as those used on the principal building, and in the case of siding or brick, shall be installed with the same patterns as on the principal building; 
   3. Roof Pitch, which shall be the same as the principal building; 
   4. Roof materials and color, which shall be the same as the principal building;
   5. Fenestration, if windows are provided, they should be of a type and aspect ratio that is similar to those on the principal building.
7. Other detached accessory structures shall be designed to be compatible with the prinicipal building in terms of: 
   1. Color, which shall be the same as the principal building or which shall compliment the principal building; 
   2. Materials, which shall be the same as those used on the principle building or which shall compliment the principal building; 
   3. Roof style and color; shall be the same as the prinicpal building or which shall compliment the principal building; 

1. Decks shall be set back as required by Section 2.301, Exceptions to Yard Standards.
2. No deck shall have a surface that is elevated higher than the level of the second floor.

3. Decks that are less than four feet in height to the top of the deck may occupy 60 percent of the rear yard.

1. Patios shall be set back as required by Section 2.301, Exceptions to Yard Standards.

2. Patios may occupy 60 percent of the rear yard.

3. Any application for a patio that is more than 750 square feet in area shall include a drainage plan for approval by the City Engineer.

1. It will have at least the same front setback as the average front setback of similar existing patios on the same street on the same side of the block; and
2. It is designed so that it will not cause additional stormwater runoff onto adjacent properties compared to the pre-development condition.

1. Front: Behind the principal building.
2. Side: Same as side setback requirements for principal buildings.
3. Rear: The greater of:
   1. Six feet, measured from the outside wall of the pool.
   2. Any utility easement width at the rear property line.
4. Building: Six feet between pool wall and any building.

1. Walls or fencing not less than four feet high and completely surrounding the pool and deck area with the exception of self-closing and latching gates and doors, both capable of being locked. In addition, the pool fence must not be built within the required front yard or required corner lot side yard.
2. A power safety pool cover which shall: 
   1. Provide a continuous connection between the cover and the deck, so as to prevent access to the pool when the cover is completely drawn over the pool;
   2. Be mechanically operated by a key or key and switch such that the cover cannot be drawn open or retracted without the use of a key.

1. The following are permitted if they are attached to a building or mounted on a mast that extends not more than 12 feet above the peak of the roof:
   1. TV antennae
   2. DTV antennae
   3. Wireless cable antennae
   4. Satellite dishes that are one meter or less in diameter.
2. All cabling must be run internally when feasible, securely attached, and as inconspicuous as practicable.
3. Masts that are greater than 12 feet above the peak of the roof are permitted if it is demonstrated that an adequate signal cannot be obtained at a lower height and:
   1. The mast and antenna are lower than overhead power lines, or set back from overhead power lines such that a collapse of the mast will not result in contact with the lines.
   2. The mast and antenna are designed to withstand a 90 mile per hour sustained wind load.
4. Satellite dishes that are more than one meter in diameter are permitted if:
   1. They are located on the ground in the rear yard and not visible from ground-level views from public rights-of-way or abutting properties; or
   2. If the dish cannot be located in the rear yard, it is located on the ground within the permitted building envelope on the side of the building and the dish or antenna is fully screened from view from public rights-of-way with:
      1. a masonry wall; or
      2. an evergreen hedge or shrub and understory trees.

1. Height, setbacks, and screening for the antenna structure shall be as provided in Table 2.306, Amateur Radio Antennae.

   Table 2.306: Amateur Radio Antennae
   Lot size and zoning district	Max. Height (ft.)	Min. Street Setback (ft.)	Min. Side and Rear Setback (ft.)	Required Screening
   Lot that is at least 5 acres that is located in an RU or ER district	more than 75, up to 2001	100; or, alternatively, 40 ft. behind back wall of principal building	Greater of required building setback or 70 ft.	Continuous evergreen hedge around sides of base that face lot lines; 2 understory trees, located to maximize interruption of views from adjacent property and public rights-of-way. Existing vegetation that provides comparable screening may be substituted for this requirement.
   	40 to 75	100; or alternatively, 15 ft. behind back wall of principal building	Greater of required building setback or 25 ft.	Continuous evergreen hedge around sides of base that face lot lines; 1 understory tree, located no more than 15 feet away from the antenna, positioned to screen view from adjacent property. Existing vegetation that provides comparable screening may be substituted for this requirement.
   	less than 40	Same as required for principal building.		None.
   All other lots (any district)	75 or less2	Same as required for principal building.		None.
   1 The maximum permitted height in the OS and ER Districts on lots of at least 5 acres in area is 200 ft.2 The maximum permitted height in all other districts, or on lots of less than 5 acres in the OS and ER districts is 75 ft.

2. Support structures that are not attached to the antenna structure shall be treated as accessory structures for the purposes of height, setbacks, and screening.

1. The installation shall be in a location and configuration that prevents glare that interferes with the use and enjoyment of adjacent property. 
2. Roof-Mounted. Photovoltaic arrays may be roof-mounted on a principal and/or accessory structure in all residential zoning districts. Photovoltaic arrays are subject to all applicable height and setback requirements of the zoning district. 
   1. Location. Roof-mounted photovoltaic arrays must be contained within the roof face and designed so that they are flush to the slope of the roof.
3. Carports and Covered Walkways. Carports and covered walkways in multifamily developments may be covered in roof-mounted photovoltaic arrays. 
4. All applicable building code requirements apply to photovoltaic arrays. 
5. Removal. Photovoltaic arrays that are no longer producing energy for consumption, shall be removed no later than six (6) months after final energy production occurs. 

1. Recreational vehicles, boats, trailers, ATVs, and personal watercraft, shall not be stored for a period of more than 14 days unless it is demonstrated that:

   1. In residential districts:

      1. Within enclosures; or
      2. Enclosed by a six foot tall wall or opaque fence and located behind the front building line; or
   2. In nonresidential districts, the vehicle is parked on an improved parking space designated for the purpose of such storage, in locations where outdoor storage is a permitted use; or
   3. The recreational vehicle is located in a recreational vehicle park, parked on a designated space.
2. Recreational vehicles, boats, and utility trailers, and any other comparably sized non-motorized vehicles shall not be parked on any public right-of-way.

1. Inoperable vehicles shall be stored within enclosures or at locations permitted pursuant to this UDO that process them.
2. Inoperable vehicles shall not be parked on any public right-of-way.

1. They are removed within three days of the date that they are placed and they are set back at least two feet from all lot lines; or
2. They comply with requirements for accessory buildings, in which case they must be removed within 30 days of the date that they are placed; or
3. They are on-site to support construction activities and are removed promptly upon completion of construction.

1. The facilities are located no more than 200 feet (walking distance) from the individual residential units that they are intended to serve.
2. Access to the facilities is configured to meet the requirements of the refuse service provider.
3. The facilities are located in a side or rear yard, unless it is not possible to provide service access in such locations.
4. The areas where dumpsters and/or garbage bins are stored are fully enclosed by an opaque wall constructed of brick, stone, or stucco-finished concrete block, and/or earthen berms, to a height of one foot above the top of the dumpster. A hedge shall be planted around the enclosure (except at entries), and maintained at a height of between three and five feet.
5. If an enclosure must be located in a front yard to meet the requirements of the refuse service provider, it shall be designed and constructed to be consistent and compatible with principal building in terms of materials and architecture.
6. The enclosures have service gates which remain closed at all times except when the dumpster or garbage bins are being serviced; and access gates or an access entry that screens the dumpster from view, for pedestrian access; as shown in Figure 2.310, Trash Enclosure.
7. The enclosures are oriented so that landscaping faces adjoining properties or streets.

1. Where local overhead distribution lines do not already exist, all utilities shall be located underground.
2. Lot lines shall form the centerlines of easements for utilities, except at the edge of platted subdivisions, or where utilities traverse dedicated open spaces pursuant to Section 4.414, Streets and Utilities.
3. The locations of easements shall be established by the utility that provides the service, subject to approval by the City.
4. In instances where utilities are provided along rear lot lines, side yard easements may be required to provide access for the purposes of constructing and maintaining lines.

1. From private street right-of-way: No setback is required, provided that the City Engineer and the Fire Department approve the location as not conflicting with utilities and fire protection needs.
2. From public street right-of-way: 40 feet.
3. From private property that abuts the parcel proposed for development: 30 feet.

1. Into separately owned property, unless a recorded document provides for access to and maintenance of the projection; or
2. Into public property, rights of way, or access easements, except as provided in Table 2.401, Permitted Projections into Required Yards and approved by the Board of Public Works and Safety; or
3. Into utility easements, unless the design of the improvement and a recorded agreement allows access to the utility and allows the utility or the City to efficiently remove the encroachment at the property owner's expense.

1. Front yards and street side yards: 
   1. In the CN district: Three feet.
   2. In the INL and INH districts: Six feet.
   3. All other non-residential districts: Not permitted in front yards; four feet in street side yards.
2. Side and rear yards:
   1. In the INL and INH districts: Eight feet.
   2. All other non-residential districts:
      1. Generally: Six feet.
      2. Side or rear yard abutting an INL or INH zoning district: Eight feet.

1. Sidewalks: Six inches.
2. Intersection of street lot lines: 20 feet.
3. Alleys:
   1. Face is at least 40 percent opaque: Three feet.
   2. Face is less than 40 percent opaque: One foot.

1. All fences that are located in front and street side yards (but not those facing alleys) shall be ornamental (chain link is prohibited), except as provided in subsection E.2., below.
2. Open picket fences that are located in front yards or street side yards shall be designed such that 40 percent of the face of the fence is transparent.

1. Materials shall be durable, high-quality materials used for commercial application, including: weather resistant wood species, split rail, wood treated with U.S. Environmental Protection Agency approved preservatives, painted wood, ornamental wrought iron or powder-coated aluminum, vinyl, brick, and stone. Slats shall not be installed on fences in front yards.
2. Chain link fences shall be coated with vinyl or other durable non-metallic coating, and are permitted:
   1. Only in interior side yards and rear yards that are not also street yards; except
   2. In INL or INH districts, where they may be located in any yard that is not visible from another zoning district.
3. Scrap lumber, plywood, sheet metal, plastic, or fiberglass sheets are expressly prohibited. Barbed wire, spikes, nails, or other sharp point or instrument on top or sides of such fence are prohibited. Welded wire, agricultural fencing, and chicken wire fences are not permitted.
4. Barbed wire cradles facing inward toward the property may be placed on top of fences enclosing public utility buildings, industrial properties, or wherever the Building Commissioner finds that such are necessary to address a demonstrated security interest.

1. Storage buildings are permitted as accessory structures on nonresidential lots in the ER, SR, GR, UR, NC, RU, CN, CG, CP, and RT districts, if it is demonstrated that:
   1. The cumulative floor area of storage and utility buildings does not exceed two percent of the maximum floor area permitted on the lot.
   2. The floor area of any individual storage or utility building does not exceed 1,500 square feet.
   3. Storage and utility buildings are located only behind principal buildings, or if there is no principal building, at least 150 feet from street rights-of-way.
   4. Storage and utility buildings are completely screened from view from adjacent properties and public rights of way by hedges, buildings, or perimeter walls.
   5. Converted semi-trailers, manufactured homes, modular shipping containers, dumpsters, or similar structures or equipment shall not be used for storage.
   6. Storage and utility buildings are used for property maintenance purposes, and not for commercial uses or storage of goods for resale.
2. Storage buildings are permitted as accessory structures on lots in the CA district, provided that:
   1. If they are larger than 200 square feet, they are included on the approved master plan; or
   2. If they are 200 square feet or less, they are set back at least 30 feet from the boundaries of the master plan.
3. Storage buildings are permitted as accessory structures on lots in the INL and INH districts, provided that:
   1. If they are larger than 200 square feet, they are located within the building envelope; or
   2. If they are 200 square feet or less, they are situated behind the principal building and set back at least 10 feet from all side and rear property lines.

1. Canopies use a similar architectural style, materials, and roofing as the principal building.
2. Canopies are not used as an extension of signage beyond that which is allowed in Article 5, Signs. The colors of the corporate logo (except white or black) are not painted on the canopy or trim outside of the area allowed for signage.
3. The trim of the canopy is not internally or externally illuminated.
4. Gasoline dispensing islands and service station canopies are set back 15 feet from front lot or corner side yard lot lines.

1. The car wash, except for an area for manually drying and polishing vehicles, is located entirely within a building;
2. Access to the car wash is provided by doors that open on demand by customers or employees;
3. The car wash building is designed with a similar architectural style, materials, and roofing as the principal building;
4. The car wash building is buffered from public rights-of-way with a Class B bufferyard, pursuant to Section 10.402, Bufferyard Classifications; and
5. Outside areas for manually drying and polishing cars have sufficient capacity and do not interfere with on-site circulation.

1. Footprint:
   1. In the ER, SR, GR, UR, NC, RU, CN, CG, CP, and RT districts, no detached accessory building or buildings on a nonresidential lot shall cover an area that is larger than 25 percent of the footprint of the principal building.
   2. In the CA district, accessory buildings are not subject to a specific maximum footprint. However:
      1. If they are larger than 200 square feet, they shall be included on the approved master plan; or
      2. If they are 200 square feet or less, they shall be set back at least 30 feet from the boundaries of the master plan.
   3. In the INL and INH districts, accessory buildings are not subject to a specific maximum footprint. However:
      1. If they are larger than 200 square feet, they shall be located within the building envelope; or
      2. If they are 200 square feet or less, they shall be situated behind the principal building and set back at least 10 feet from all side and rear property lines.
2. Location and Setbacks:
   1. No detached accessory building shall be located in a required front yard.
   2. Accessory structures shall not be located in easement areas on a property unless express written permission has been granted by all easement grantees. A copy of such written permission shall be submitted to the City prior to the issuance of permits for such structures.
   3. No detached accessory building or structure shall be located closer than six feet to any other building.
3. Height: No detached accessory building shall have more than one story, nor exceed 17 feet in height, unless located within the building envelope and permitted as an accessory to business or manufacturing uses.

1. The installation shall be in a location and configuration that prevents glare that interferes with the use and enjoyment of adjacent property. The use of photovoltaic for covered walkways and covered parking areas is encouraged.
2. If the highest point on the panels is more than six feet above grade, the panels shall be set back as if they were detached accessory buildings. See Section 2.403, Accessory Buildings or Structures. 
3. Noise. All photovoltaic arrays noise levels must follow standards set in Section 4.701 Noise.  
4. All applicable building code requirements apply. 

1. Lighting. Exterior lighting shall be limited to that required for safety and operation purposes. Lighting shall follow Division 9.500 Exterior Lighting Standards. 
2. Flat Roof; Height. Roof-mounted photovoltaic arrays, on flat roofs, shall be designed so that their average height does not exceed fifteen (15) percent of the height of the supporting wall and/or does not exceed the height of a paraphet wall. Roof-mounted photovoltaic arrays must be screened from all ground level views from adjacent property and rights-of-way. Roof- mounted photovoltaic arrays should be screened as if they were mechanical equipment, See Section 11.508 Roof Structure and Materials. 
3. Sloped Roof; Height. Roof-mounted photovoltaic arrays, on sloped roofs, shall be designed so that they are flush to the slope of the roof. 
4. Location. Roof-mounted photovoltaic arrays must be contained within the roof face.  

1. Located behind principal buildings; and
2. Screened from view from public rights-of-way by building walls, fences, landscaping, or topography (including berms).

1. The facilities are located:
   1. No more than 300 feet (walking distance) from all individual commercial uses that they are intended to serve;
   2. On the same  lot as the property they serve, unless otherwise authorized by the Planning Director upon written proof of an agreement with an adjacent property owner and demonstration that the facilities will have the capacity to serve both properties. 
2. The facilities are located behind a principal building or in a side or rear yard, unless it is not possible to provide service access in such locations.
3. Access to the facilities is configured to meet the requirements of the refuse service provider. 
4. The areas where dumpsters and/or garbage bins are stored are fully enclosed by:
   1. An opaque wall that is one foot taller than the refuse container and constructed of finished masonry painted the same color as the building, or stone, or brick; or
   2. Earthen berms improved with ground cover that are one foot taller than the refuse container and held in place with a retaining wall.
   3. The standards of this section may be waived for properties in INL and INH Districts not located adjacent to residentially or commercially zoned or used properties and these facilities may be fully enclosed by a solid fence and gates composed of wood, vinyl or other material of similar durability if it is demonstrated that the facility is located in a side or rear yard and is painted or made of a material to match the predominant color of the primary structure on the property on which the dumpster, recycling or other refuse bin is located. 
5. If an enclosure must be located in a front yard, it is designed and constructed to be consistent and compatible with principal building in terms of materials and architecture, and surrounded by landscaping in addition to that required by subsection C.7., below, that is sufficiently dense to completely conceal the enclosure from view from adjacent properties and public rights-of-way.
6. The enclosures have gates which remain closed at all times except when the dumpster or garbage bins are being serviced.
7. The enclosures are landscaped as indicated in Figure 2.406.A., Trash Enclosure. This standard may be waived for enclosures located in the rear yard of properties located in INL and INH Districts not located adjacent to residentially or commercially zoned or used properties. 
8. The enclosures are oriented so that landscaping faces adjoining properties or streets.

1. The loading, truck access, or waste storage area is 100 percent screened by a bufferyard that has one level more opacity than required by the district boundary and contains at least a six-foot tall berm or low maintenance, durable solid fence or wall; or
2. The loading, truck access, or waste storage area is located under roof as indicated in Figure 2.406.B., Roof Enclosure. The buffer with the loading shed may be reduced by one level of opacity adjoining the shed and be the district standard elsewhere.

1. The frontage street is not an arterial; and
2. The property on the other side of the street is also zoned INH.

1. Set back not less than 100 feet from residential property lines.
2. Located in or behind the principal building.
3. If located outside the principal building, shall be no more than nine feet in height.
4. Screened from view from adjacent property by a class A bufferyard.

1. Located only on lots of 10 acres or more in size, and occupy not more than ten percent of the lot.
2. Set back not less than 100 feet from residential property lines.
3. Located behind the front building line of the principal building, adjacent to the building.
4. Enclosed by a three-foot or higher masonry wall.
5. Screened from view from adjacent property and public streets by a class A bufferyard.

1. Individual pens shall be limited in size to a maximum of 15 feet wide and 20 feet long.
2. Enclosing fences shall not be higher than 6 feet.
3. If there is a roof enclosure, it must be of an open mesh type material.

1. RU District. The use is permitted as a home business on a farmstead. It may also be permitted on lots of 10 acres. Dog runs or shall be a minimum of 50 feet from residentially zoned or residentially occupied property.
2. CG and INL Districts. No outdoor dog runs shall be permitted on less than one acre. Dog runs shall be used only during daylight hours and shall be a minimum of 100 feet from residentially zoned or residentially occupied property.

1. There are no outdoor animal confinement areas; and
2. The building is soundproofed such that no noise generated by the use is perceptible from the property line.  This shall be demonstrated to the Planning Director as part of the development review and permit process. 

1. On through lots which back up on, but do not take access to, arterial streets;
2. On corners of minor streets and collector streets; or
3. On cul-de-sac or loop streets, in clusters of not less than seven units, occupying not less than 80 percent of the lots along the street frontage.

1. Format. The dwelling units shall be designed in a townhome format.
2. Bulk. Not less than three units, and not more than six units, shall be attached in any one building.
3. Access. Parking shall be accessed from an alley.
4. Location. The townhomes shall be located such that:
   1. They front on a street that forms the boundary of the RT district; and
   2. The district on the other side of the street must be a non-residential district.

Generally. All multifamily development is subject to Section 11.205, Multifamily Design Standards.

CG and CBD Districts. Multifamily development shall be permitted as a Limited Use in the Commercial, General (CG), and Central Business (CBD) districts, provided that they are:

1. In mixed use buildings; and
2. Located above the ground floor.
3. Within the Eastgate Overlay District multiple family units shall be permitted on the first floor or ground level for student or age-targeted developments fronting on all public streets except within 100 feet of the right of way line of Lincolnway.

1. Multiple family uses with up to four units shall be permitted as a limited use within three blocks of property zoned CA Campus District that is associated with an institution of higher learning if it is demonstrated that adequate off-street parking and adequate stormwater management has been provided on the project site as approved by the City Engineer, and the buildings are multiplexes, with the character of a single-family building or duplex.
2. Multiple family uses with five or more units shall be permitted only as a special use if it is demonstrated that the buildings are multiplexes, with the character of a single-family building or duplex, and are located on corner lots.

1. All units shall be accessed by interior hallways;
2. Parking may be surface or structured, but shall be located:
   1. Behind the building; or
   2. Underneath the building.
3. Each unit shall be designed and constructed with:
   1. A balcony; or
   2. For ground floor units, a patio with a railing.
4. Buildings shall be at least three stories in height.
5. The requirements above shall be waived upon demonstration of adequate parking per Division 9.200 Parking and Loading Calculations. 

1. The average height of a manufactured home frame above ground elevation, measured at 90 degrees to the frame, shall not exceed four feet from the top of the foundation pad.
2. The roof of each manufactured home unit shall be pitched with a minimum vertical rise of 2.2 inches for every 12 inches of horizontal run.
3. The wheels, axles, tongue, towing apparatus, and transporting lights shall be removed prior to final installation of the unit.

1. A minimum of 20 percent of the lot area shall be public open space.
2. Where a manufactured home park contains more that eight units, at least two public accesses shall be provided.
3. A six-foot solid fence shall be provided along any property line adjoining a residential district or use.
4. Laundry and maintenance buildings are permitted as an accessory use.
5. All units are required to have an enclosed area for outdoor storage, which shall be permanently affixed to the land, set back a minimum of five feet from all property lines, and shall have a minimum floor space of 80 square feet.
6. All manufactured homes and manufactured home parks shall provide Class C bufferyards on all borders, unless a more opaque bufferyard is required by Article 10, Landscaping.

1. Have more than 950 square feet of occupied space in a double-section or larger multi-section unit. Each single-family dwelling with 1.5 or more stories shall have a minimum first floor area of not less than 950 square feet;
2. Be placed onto a permanent exterior perimeter retain­ing wall, in accordance with approved Installation Standards, as subsection C.
3. Be placed onto a permanent, underfloor, foundation in accordance with subsection D.
4. Be anchored to the ground, in accordance subsection E.
5. Have wheels, axles and hitch mechanisms removed.
6. Meet appropriate utility connection standards, in accordance with subsection F.
7. Have siding material of a type customarily used on site-constructed residences, as listed in subsection G.
8. Have roofing material of a slope and  type customarily used on site-constructed residences, as listed in subsection H.
9. Have a minimum width of 24 feet.

1. Foundations. All foundations shall be installed in conformance with the regulations in the One and Two Family Dwelling Code and with the manufacturer's installation specifications.
2. Pier Design. In addition to the above code requirements, the following minimum design standards shall apply:
   1. Piers and Caps. Piers of load bearing supports or devices shall be designated and constructed to evenly distribute the loads. Piers shall be securely attached to the frame of the home or extend at least six inches from the centerline of the frame member. Manufactured load bearing supports or devices shall be approved for the use intended, or piers shall be constructed as follows:
      1. When single 8 inch x 8 inch x 16 inch concrete blocks are used, they shall not exceed 3 inches high, with open cells vertically pieced upon the footing and with the 16 inch dimension perpendicular to the I-beam frame, and than shall be covered with 2 inch x 8 inch x 16 inch preservative-treated hardwood or solid concrete block caps;
      2. When 4 inch high and 5 inch high block piers are used, they shall be double blocked with interlocking concrete blocks and they shall be covered with 4 inch x 8 inch x 16 inch preservative-treated hardwood or solid concrete block caps,
      3. For piers extending more than 40 inch above finished grade level, they shall be double blocked with interlocking concrete blocks, with Number Three reinforcing steel in the four corners, poured solid with 2,500 psi concrete, and they shall be covered with 4 inch x 8 inch x 16 inch preservative treated hardwood or concrete caps.
   2. Plate and Shims. The plate shall be a cushion of preservative-treated hardwood or other approved material no exceeding two inches in thickness. The preservative-treated hardwood shims, which cannot exceed one inch thick, shall be used to fill the gap between the top of the pier cap and the frame of the home. Two-inch or four-inch solid concrete blocks may be used to fill the remainder of any gap. Shims shall be fitted and driven tight between the plate and the main frame.

1. Installation pursuant to manufacturer's specifications.
2. Installation pursuant to the design of the entire support and anchoring system by a registered professional engineer or architect.
3. Installation pursuant to the regulations established in the ANSI/N-FPA 501 A Installation Standards.
4. Installation pursuant to standards and requirements of the building department.

1. Residential horizontal aluminum lap siding
2. Residential horizontal vinyl lap siding
3. Cedar or other wood siding
4. Wood grain, weather resistant, press board siding
5. Stucco siding
6. Brick or stone siding

1. Fiberglass shingles
2. Shake shingle
3. Asphalt shingles
4. Tile

1. Barber, beauty, and other personal service shop;
2. Animal care facility, such as hospitals, stables, or kennels;
3. Dance studio or school;
4. Repair shop;
5. Rooming/Boarding House; or
6. Day Care Facility.

1. In the RU district:
   1. Cottage industries are only conducted on farmsteads.
   2. Accessory buildings may be used for the cottage industry if they are either existing farm buildings that are converted to the cottage industry use or new buildings that are built in the character of the farmstead's traditional buildings.
2. In all other districts, cottage industries shall only conducted within the buildable area of lots that are at least 2.5 acres in area.

1. No more than five children, excluding children of the family providing day care, shall be accommodated by a facility that fronts on a local street or higher functional classification.
2. Class I and II licensed facilities with more than five unrelated children shall front a collector or arterial street or be situated on a corner lot that includes arterial or collector street frontage.
3. Class I and II licensed facilities with more than five unrelated children shall be permitted as a Special Use in all districts designated in this section.

1. Play Areas.
   1. Uses shall provide an on-site, fenced, outdoor play area, which shall have a fence beginning at ground level and extending to a minimum height of 42 in. so as to prevent children from crawling under or through the fence or otherwise becoming entrapped.
   2. If the fenced outdoor play area is located within 10 ft. of any property line, it shall be fully screened by shrubs or other vegetation with a minimum height equal to the fence height.
2. Pick-up/Drop-off. An off-street pick-up/drop-off area shall be provided, which may be a driveway provided it is kept free of parked vehicles and other obstructions for such use.
3. Parking. For Class I and II licensed facilities, one space per four children shall be reserved for on-site parking during the normal hours of operation.

1. In all SR, GR, and UR districts, places of public assembly shall have a minimum site area that is the greater of:
   1. Four times the minimum lot size of the respective district; or
   2. The following minimum site areas, which are listed by specific type of use:
      1. School: 10 acres.
      2. Places of worship, libraries, museums: 3 acres.
      3. Child care centers: 1 acre.
2. In all other zoning districts in which places of public assembly are a limited or special use, the minimum site area shall be as required by Table 3.301.B., Nonresidential and Mixed Use Standards

1. Places of public assembly shall not be located on the ground floor of any building that fronts on Lincolnway or any street within one block on either side of Lincolnway (i.e., between the centerline of Napoleon and the centerline of Morgan).
2. Adequate public lot; on-street; or private off-street parking (via ownership or private agreements) shall be provided within 300 feet of the place of public assembly. The use shall not place material demands upon on-street and public parking during peak demand hours for retail, restaurant, and office uses.

1. Provide outreach to the community; or
2. Provide temporary facilities for college or university use for a period of not more than two years during the construction of permanent facilities within a CA district.

1. Has the character of a residential building, and
2. Has a floor area that is not greater than 1.5 times the floor area of the largest dwelling that is located on the same street face.

1. Enclosure in structures that are designed to appear to be buildings; or
2. A class E bufferyard, which may include a fence if necessary for safety or security reasons.

1. Enclosure within a building; or
2. Enclosure by a hedge composed of shrubs planted 36 in. on center and maintained at a height that is at least equal to the utility facility.  A fence may be located behind the hedge if necessary for safety or security reasons. An opening on one side of the facility of a size that is sufficient to provide access is permitted, provided that it does not face a public right-of-way, unless otherwise required by the City Engineer in the case of public facilities which require such access.

1. Buildings: 35 ft., all yards
2. Bulk Petroleum, LP/Propane Gas, and Ammonia Storage Tanks: 150 ft., all yards 

1. The measurement of the distance between the place of business where alcoholic beverages are sold and the church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections.
2. The measurement of the distance between the place of business where alcoholic beverages are sold and public or private school, daycare centers and other child care facilities and university shall be in a direct line from the property line of the private or public school, daycare center and other child care facilities or university to the property line of the place of business, and in a direct line across intersections.

1. When the premises of a drinking establishment abuts any residential district, the structure(s) shall be at least 50 feet from the nearest point within that residential district.

2. When the premises of a drinking establishment abuts any residential district, all off-street parking areas must be at least 20 feet from the nearest point within that residential district.

Hours of Outdoor Service. Body responsible for approving the Special or Limited Use may restrict the hours of outdoor operation of a drinking establishment when it is determined that the noise, glare or traffic might adversely impact a nearby residential neighborhood.

1. In the Rural (RU) district: 16 square feet.
2. Other districts where permitted as a Limited or Special Use: 5 square feet.

1. Shall occupy no more than 3,000 square feet of floor area;
2. Shall open no earlier than 7:00 AM and close no later than 9:00 PM; and
3. Shall not have any detached signage.

1. Shall be located as indicated on the approved campus master plan;
2. Shall occupy not more than 15,000 square feet of floor area;
3. Shall not have detached signage that is visible from off-campus locations; and
4. Shall be functionally related to the purpose of the campus or scaled to correspond to the needs of those who visit the campus for other purposes.

1. Co-located with a manufacturing use, selling products that are manufactured on-site, with only incidental sales of other related items; or
2. Less than 5,000 square feet and located not less than 2,000 feet from any other commercial retail use in the same district that is not co-located with a manufacturing use; or
3. In the BP district, located inside an office building and:
   1. Occupying not more than 15 percent of the floor area of the office building; and
   2. Without signage that is visible from outside the office building.

1. Minimum Lot Size: Two acres
2. Minimum Separation from Residential District Boundaries: 300 feet
3. Required Access: The premises shall abut and draw access from an arterial or collector street.

1. Be co-located with a manufacturing use, selling products that are manufactured on-site, with only incidental sales of other related items; and
2. Be screened from view from public rights-of-way and abutting properties by a Class C Bufferyard.

1. The drive-through facilities are designed and configured such that the service area and outdoor speakers are directed away from any abutting properties that are occupied or zoned for residential use;
2. A class D bufferyard, including a fence or wall, screens the drive-in facility from abutting properties that are occupied or zoned for residential use; and
3. The drive-through facilities are accessory to an office use (e.g., a bank).

1. From a private or public alley, where the circulation is on the rear or interior sides of the facility so that the streetscape or primary frontage of the use retains an urban character; or
2. From within a parking structure, configured such that the drive-in facility itself is not obvious from the street.

1. The drive-through facilities are designed and configured such that the service area and outdoor speakers are directed away from any abutting properties that are occupied or zoned for residential use;
2. A class D bufferyard, including a fence or wall, screens the drive-in facility from abutting properties that are occupied or zoned for residential use; and
3. The drive-through facilities are accessed from a collector or arterial street.

1. The project has different use types on different floors, one of which shall be a residential use.

   1. Other uses may include commercial lodging, commercial retail, office, restaurant, services, and places of assembly.
   2. Any other use permitted in the district is also permitted.
2. The following standards apply to residential uses in mixed use developments:
   1. At least 30 percent of the total floor area shall be devoted to residential use.
   2. Each residential unit shall have 75 square feet of public or private outdoor recreation or activity space in the form of balconies, roof top areas, or ground level space such as a plaza that is designed for the use and enjoyment of the residents.
3. Where there are more than four buildings, not all buildings shall be required to have residential use, nor shall all buildings be required to accommodate mixed use, provided the following are met:
   1. At least 65 percent of the buildings shall accommodate residential use at full project build-out.
   2. Residential uses must be included in the first building constructed.
   3. If any building is to be solely residential or nonresidential, the City shall require its phasing to ensure that the project meets the desired mix if it is not completely built as originally approved.
   4. Institutional uses may be housed by single-use buildings, unless their primary use is an office function.
   5. Such complexes shall have a unified site plan, which shall include a pedestrian-oriented circulation plan that is a key element in the overall site plan.

1. Offices shall generally be located on upper floors.
2. Offices may be located on ground floors if it is demonstrated that:
   1. They are situated as follows:
      1. They are located within one block in any direction from City Hall;
      2. They do not front on Lincolnway; or
      3. They front on Lincolnway, but no two ground floor offices are located on the same block face; or
   2. They are an adaptive re-use of a single-family residential building.

1. CA district: 10,000 square feet.
2. BP district: 5,000 square feet
3. RT, INL, and INH districts: 7,500 square feet.

1. The use occupies a building that has the character of a single-family dwelling; and
2. The use has a maximum floor area of 2,000 square feet.

1. Less than 5,000 square feet and located not less than 500 feet from any other service or commercial retail use in the same district; or

2. Located inside an office building and:

   1. Occupy not more than 15 percent of the floor area of the office building; and
   2. Have no signage that is visible from outside the office building.

1. Repair bays do not front an adjacent public right-of-way or toward land that is zoned for residential use.
2. No more than one elevated display is used, and the display raises the vehicle no more than three feet off the ground.
3. Accessory uses and structures, such as car wash facilities and their incidental functions (vacuums and air compressors) are set back a minimum distance of 50 feet from all rear and side yards of a residentially zoned or used property.
4. No existing buildings shall be re-used for vehicle sales, rental and service unless:
   1. All lighting is brought into compliance with Article 9, Parking, Loading, Access and Lighting.
   2. All outdoor vehicle display areas/lots, vehicle storage areas and impound yards are screened in accordance with Article 10, Landscaping.

1. The use is in a building that contains all sales and service areas with no outdoor vehicle storage, except an expanded sidewalk area may contain a display of up to three vehicles located entirely on the property. Design of such display area shall enhance the streetscape, as approved by the City.
2. The first floor facade of the building is 70 percent glass to provide a view of the showroom.

3. No vehicles shall be sold that have engine displacements of more than 500 cubic centimeters, or wheel diameters of more than fourteen inches.

1. No livestock or large animal veterinary clinics are permitted.
2. The use is conducted within a fully enclosed building, which is to be designed with noise resistant materials, the minimum floor area shall be 2,000 square feet in a shopping center or 4,000 square feet for freestanding buildings. Plans and specifications for noise reduction materials shall be approved by the City through the site plan approval process.

1. No such use shall be located within a 1,000 ft. radius of any other such use.
2. No such use shall be located within a 1,000 ft. radius of any parcel located in a residential zoning district or portion of a planned unit development designated for residential purposes whether inside or outside of the corporate boundaries of the City of Valparaiso
3. No such use shall be located within a 1,000 ft. radius of any school whether public or private, day care home or center or nursery, religious institution, park, playing field, pool or billiard hall, coin-operated amusement center, dance center, ice or roller-skating rinks or parks or other public recreational facility typically catering to minors, indoor or outdoor theaters, art gallery, museum, libraries, other areas where large numbers of minors travel or congregate, and entryways/gateways to the City.
4. The aforementioned separation and radius standards shall be measured in a straight line from the closest points between property line to property line, without regard to intervening structures or objects, for sexually-oriented establishments that are located on a single tenant parcel. If said establishment is located within a multi-tenant building the measurement shall be from the property line of the entire multi-tenant premises to the property line of other uses, without regard to the intervening structures or objects, which requires the separation.

1. Signage for such establishments shall be subject to the applicable standards as set forth in Article 5, Signs in industrial districts.
2. Signage for such establishments shall not display any pictures, photographs, silhouettes, drawing, or other pictorial representations of a sexually oriented nature, and may contain only the legal name and address of said establishment.

1. Located at least 100 feet from any residential building;
2. Constructed of sound-resistant materials; or
3. Limited in operation such that it is closed between 10:00 p.m. and 7:00 a.m.

1. The premises shall be closed between 9:00 p.m. and 7:00 a.m.; or
2. Portions of the use, such as an athletic field, that are open later than 9:00 p.m. shall be located at least 300 feet from any property that is used for residential purposes.

1. All waste disposal facilities shall provide:
   1. Copies of all permits required by state statute or federal law for the type of disposal facility proposed.
   2. Copies of all environment impact assessment reports required by state and/or federal agencies.
   3. A Facility Plan approved by the Board of Public Works and Safety. This shall include a drainage plan to prevent ponding that could promote waste decay and carry unstable organic materials into nearby water supplies.
2. No local permits will be issued until:
   1. All other required permits are issued;
   2. All pertinent "Right to Know" documents are submitted pursuant to 42 U.S.C. §116, Emergency Planning and Community Right-to-Know Act.
   3. A site review has been held and all issues identified have been solved.

1. Minimum lot size: three acres.
2. The facility shall be separated from other uses as follows:
   1. 1,320 feet from property with residential or mixed-use zoning; and
   2. 600 feet from property with commercial zoning.
3. All collection and processing facilities must have class C buffer around all activities in addition to any other buffering that may be required by Article 10, Landscaping. 
4. All containers shall be clearly marked to identify type of material that may be deposited and in accordance with EPA, DOT and OSHA requirements.
5. Truck access shall be from an arterial or collector street, and the site is located such that trucks may travel from an arterial to the site without passing through areas that are zoned for residential use.

1. Minimum lot size: five acres.
2. The facility shall be separated from other uses as follows:
   1. 300 feet from property with residential or mixed-use zoning; and
   2. 100 feet from property with commercial zoning.
3. All collection and processing facilities must have class C buffer around all activities in addition to any other buffering that may be required by Article 10, Landscaping. 
4. Vehicles shall not be stacked to heights greater than twelve feet.
5. Truck access shall be from an arterial or collector street, and the site is located such that trucks may travel from an arterial to the site without passing through areas that are zoned for residential use.

1. The facility shall be maintained free of litter, rodents, and other undesirable material and/or pests; and will be inspected for cleanliness at least once a year by the Porter County Environmental Officer. A copy of all inspection reports will be sent to the Valparaiso Building Commissioner.
2. A notice shall be displayed on all facilities prohibiting dropping off of materials outside recycling enclosures or containers.

1. No hazardous waste or materials shall be accepted or deposited at any disposal facility, transfer site, or transfer station, except as permitted by local, county, state and federal law.
2. It shall be unlawful for any person to set fire or allow fire to be set to any solid waste at a transfer site or transfer station.
3. No person shall cause or allow open burning of solid waste at a solid waste disposal facility.
4. No person shall discard or deposit solid waste onto the ground at or on property adjacent to a transfer site or transfer station.

1. The ground surface shall be restored to a condition permitting one of the following uses: agriculture, residential, recreational (see 2 below), or nonresidential. Either an escrow account or an annual fee shall be required, as approved by the City Attorney and City Common Council, to ensure that there are sufficient funds set aside to guarantee the restoration.
2. If future recreational use is identified, management of such use shall be established. Risks from any subsurface materials to future uses shall be identified.
3. Monitoring and post-closure maintenance plans shall be submitted and adequate funding provided.

1. The buffer must be at least 100 feet inside the property boundary and used for an agricultural use or forested.
2. Noise studies shall be conducted to determine the berm's exact height based on the equipment operated at the site. The berm shall ensure the Day Night Level (DNL) does not exceed 55 at the property line or any building with a line of sight to the property.

1. The depth of natural soil and type of soil shall be reviewed. The City may impose requirements for drainage systems, monitoring, and pumping systems to prevent potential ground and surface water pollution.
2. Monitoring wells may be required.
3. An emergency response plan must be reviewed and approved. The City may impose fees or require security to ensure that an adequate emergency response fund is available.

1. Does not require heavy welding or heavy machinery; and
2. Uses parts that are manufactured off-site.

1. Do not require additional parking spaces
2. Shall not be located within 30 feet of an entrance to a commercial/industrial structure and shall not obstruct pedestrian or vehicular traffic.
3. Shall not occupy parking spaces required by primary use.
4. Shall be no more than 50 sq. feet or more than eight feet high.
5. Shall be constructed and maintained with durable waterproof and rustproof material.
6. Shall be clearly marked to identify type of material to be deposited, operating instructions, and identify and phone number of operator.
7. Shall be maintained in a clean litter-free condition on a daily basis.
8. Operating hours shall be consistent with primary use and can be set by the City Plan Commission.
9. Shall be illuminated if operating hours are between dusk and dawn.

1. Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from scavenging, and shall be of a capacity sufficient to accommodate materials collected and a collection schedule.
2. All materials shall be stored in containers or in a mobile unit vehicle when the attendant is not present.
3. If located within 1,000 ft. of residentially-zoned land, any power-driven collection facility shall not operate between 7:00 PM and 7:00 AM.

1. Licensed pursuant to IC 9-22-4, Licensing of Vehicle Salvaging.
2. Surrounded by a class E bufferyard pursuant to Section 10.402, Bufferyard Classifications.
3. Configured so that inoperable vehicles and other junk are not visible from public rights-of-way.
4. Spaced from other districts as follows:
   1. From residential or mixed-use zoning districts: 300 feet.
   2. From commercial zoning districts: 100 feet.

1. All power-driven processing must meet all performance standards in Division 4.700, General Environmental Standards.
2. All outside storage of materials shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition, or shall be baled or palletized.
3. No storage, excluding trucks, shall be visible above the height of the buffer area if located within 1000 feet of residentially zoned land, the power-driven processing facility shall not operate between 7 p.m. and 7 a.m.

1. Located on a site that is a minimum of five acres in size.
2. Surrounded by a class E bufferyard pursuant to Section 10.402, Bufferyard Classifications.
3. Spaced from other districts as follows:
   1. From residential or mixed-use zoning districts: 900 feet.
   2. From commercial zoning districts: 300 feet.

1. No hazardous waste or materials shall be accepted or deposited at any recycling or salvage facility, except as permitted by local, county, state and federal law.
2. No person shall discard or deposit waste or recyclable materials onto the ground at or on property adjacent to a transfer site or transfer station.

1. A class D bufferyard shall be provided on all sides in all districts except the CBD District.
2. In the CBD district, the design of the community utilities shall be compatible with the urban environment. Masonry walls, rather than fences, shall be used to screen the facility. The street faces shall be improved to provide an expansion of the sidewalk areas with landscaping and seating to make the utility a useful part of the streetscape.

1. Airport Boundary. The 20-year, 65 DNL line shall lie completely within airport property or Heavy Industrial (INH) zoned  land that has been granted a noise easement.
2. 55 DNL Limited Development Area
   1. No new residential development shall be permitted within the 55 DNL line. If for some reason a new residential use must be permitted, the building shall have insulation and windows that limit aircraft noise within the building to 50 DNL. The applicant shall demonstrate that there is no residentially zoned land in the 55 DNL area, or that noise easements have been granted to the airport.
   2. Existing residential uses shall have five years to remodel to provide insulation meeting the standards in 1 above.
   3. If the 55 DNL area expands, a zoning and land use plan for all land within the 55 DNL noise contour shall be submitted. This plan shall indicate the feasibility of restricting such land to nonresidential uses. Airport approval shall be based on the ability to minimize noise intrusion into existing residential areas and to prohibit new residential development that would hinder future airport expansion.
   4. Once established, the City shall require all rezonings that would permit residential use within the 55 DNL noise contour to record the noise contours on the property. In addition, all developments and all individual lot surveys shall show the noise contours, with an accompanying warning indicating the City will not restrain future airport growth because of residential development inside the 55 DNL noise contour.

1. Attached Communications Facility. A communication facility is an "attached communications facility" if it is affixed to a pre-existing structure (including buildings, water tanks, communications towers) provided such structure conforms to all applicable regulations, including building and zoning regulations.
2. Minor Communications Facility. A communications facility is a "minor communications facility" if it:
   1. Is not an "attached communications facility;"
   2. Extends no higher than 125 feet above the ground at its base at its highest point; and
   3. Is not located within one-half mile from any "minor" or "major" communications facility which:
      1. Currently exists, or
      2. Does not yet exist but has, previous to the filing of this application, been applied for, provided that such other application has not yet been finally denied.
3. Major Communications Facility. A communications facility is a "major communications facility" if it is neither an "attached" nor a "minor" facility.

1. Lighting: Towers shall not be illuminated by artificial means and shall not display strobe lights unless such is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower.
2. Signs and Advertising: The use of any portion of a communications facility for signs other than warning or equipment information signs is prohibited.
3. Abandoned or Unused Towers or Portions of Towers: Abandoned or unused communications facilities shall be removed within 120 days from the date of ceasing operations. A copy of the notice to the Federal Communications Commission of intent to cease operations of subject facility shall be submitted to the City of Valparaiso. If the lot or parcel for the facility is leased, a copy of the relevant portions of a signed lease which requires the removal of the communications facility upon cessation of operations at the site shall be submitted at the time of application for a building permit.
4. Antenna Capacity/Wind Load: Communications facilities shall be certified by a qualified and licensed professional engineer in the State of Indiana to conform to the latest structural standards and wind loading requirements of the International Code Council (ICC) Building Code, as amended by the State of Indiana and the Indiana Electric Code.
5. Radio frequency Emissions (RF): Documentation the proposed communications facility will comply with the latest health and safety standards established by the Federal Communications Commission on RF emissions and exposures.
6. Liability Insurance: Proof of adequate liability insurance shall be filed with the City of Valparaiso annually.
7. Tower Color: The color of the proposed tower will be of a light tone or color (except as required by the FAA) so as to minimize visual impact.
8. Communications Facility Report: A report shall be submitted to the City describing the type of proposed communications facility, its effective range, and the technical reasons for its design and placement. If the proposed communications facility cannot be accommodated on an existing or approved facility within a one mile search radius of the proposed site, the report shall specify the reasons and conditions along with supporting proof. And in an effort to promote long-range planning to minimize the number of towers and their impact on the community, providers of commercial wireless communications service shall include a plan delineating existing and any proposed and\or anticipated facilities within Porter County.
9. Visual Impact Statement: A statement and visual material (i.e., a plan, pictures, etc) indicating where within a one mile radius any portion of the proposed facility can be seen from ground level.
10. Bond: All applicants will furnish a surety bond or make an equivalent cash deposit in an amount to be determined by the Building Commissioner to be necessary to remove an abandoned facility in the event the persons responsible for such removal default.
11. Monopole Construction: All wireless communications facilities that are not attached facilities shall be of monopole construction.

1. All façade-mounted wireless telecommunications facilities shall be positioned and designed to appear as an integral part of the structure.
2. Facade-mounted antennas shall be integrated architecturally with the style and character of the structure or otherwise made as unobtrusive as possible. If possible, antennas should be located entirely within an existing or newly created architectural feature so as to be completely screened from view.
3. To the extent feasible, facade-mounted antennas should not be located on the front or most prominent facade of a structure and should be located out of the pedestrian line-of-sight, unless stealthing techniques reasonably eliminate visual impacts.
4. Whenever possible, equipment structures, back-up generators, and other equipment associated with building-mounted antennas shall be installed within the existing building compound. If this is not feasible, the equipment shall be screened, fenced, or landscaped to minimize its appearance from off-site locations and to visually blend with the surrounding natural and built environment. Equipment buildings should be designed in an architectural style and constructed of exterior building materials that are consistent with surrounding development and/or land use setting (if applicable).
5. Roof-mounted antennas and associated equipment shall be located as far back from the edge of the roof as technically possible to minimize visibility from street level locations. Where appropriate, construction of a rooftop parapet wall or other appropriate screening may be required to hide the facility.

1. Maximum Height. No tower shall exceed the lesser of:
   1. A height which, in the location at which the tower is proposed, would require lights pursuant to the rules of the Federal Aviation Administration, or
   2. The following maximum heights:
      1. Major facilities: 200 ft.
      2. Minor facilities: 125 ft.
2. Minimum Tower Separation: 1,320 ft.
3. Placement: Towers shall be sited within the rear yard unless located on a vacant lot or parcel.
4. Setbacks: Minimum setback requirements for communications facilities shall be based on the following, provided setbacks are not less than the requirements of the underlay or overlay zone:
   1. Monopole type towers shall provide a minimum setback of the tower designed fail area plus 10% of the tower height.
   2. Guyed and lattice type towers shall provide a minimum setback of the tower designed fail area plus 25% of the tower height.
   3. Towers sited on a lot or parcel which borders on a residential and\or commercial district, shall provide a minimum setback of 150% of the tower height from said residential district and 75% of the tower height from said commercial district unless a. or b., above, is greater.
   4. Communications ancillary buildings shall comply with setback requirements established in Section 2.403, Accessory Buildings or Structures, for accessory structures.
5. Screening: The lowest ten feet of a communications ancillary building and tower shall be visually screened on a year-round basis with suitable vegetation and\or nearby buildings. The scale and nature of vegetation shall be of sufficient density to conform with the above requirements within three years, as determined by the Valparaiso Department of Parks and Recreation.
6. Security Fence: Ground ancillary buildings and towers shall have a security fence erected within the visually screened area. The security fence shall be not less than eight feet in height.
7. Co-Location Agreement: A proposal for a new communications tower shall be designed structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is 100 feet or more in height and for at least one additional user if the tower is over 60 feet in height, but less than 100 feet in height. The tower owner shall allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use. The conditions and terms for shared use shall be submitted to the City of Valparaiso. If the land for the tower is leased, a copy of the relevant portions of a signed lease allowing the tower owner to add additional users and associated facilities on the tower shall be submitted at the time of application to the City for tower erection.

Radio Frequency Emissions and Sounds. The following radio frequency emissions standards shall apply to all wireless telecommunications facility installations:

1. Federal law gives the Federal Communications Commission ("FCC") exclusive jurisdiction over the regulation of radio frequency ("RF") emissions, and wireless communications facilities that do not exceed the FCC standards shall not be conditioned nor denied on the basis of RF impact.

2. In order to provide information to its citizens, the City may request copies of FCC information concerning wireless telecommunications facilities and RF emissions standards.

3. Applicants for wireless telecommunications facilities shall be required to provide information with the application on the measurement of the effective radiated power of the facility and how it meets the FCC standards.

4. No unusual sound emissions such as alarms, bells, buzzers or the like are permitted.

Technical Assistance Fee. In the course of its consideration of an application, the Planning and Zoning Staff, the Plan Commission or the Board of Zoning Appeals may deem it necessary, in complex situations, to employ an engineer(s) or other consultant(s) qualified in the design and installation of wireless telecommunication facilities to assist the city in the technical aspects of the application. In such cases, any additional reasonable costs incurred by the City not to exceed $3,000 for the technical review and recommendation shall be reimbursed by the applicant, provided in the form of a cashier’s check or money order by the applicant prior to the final hearing on filing a petition for the proposed wireless telecommunication facility.

1. Canopies shall use a similar architectural style, materials, and roofing as the principal building.
2. Canopies shall not be used as an extension of signage beyond that which is allowed in Article 5, Signs. The colors of the corporate logo (except white or black) shall not be painted on the canopy or trim outside of the area allowed for signage.
3. The trim of the canopy shall not be internally or externally illuminated. 

1. Small wind energy conversion systems are wind turbines that are designed to generate 100 kW or less. They are permitted as an accessory use to residential uses pursuant to the standards of this Section that apply to small wind energy conversion systems.
2. Wind farms are wind energy conversion systems that are designed to generate more than 100kW. Wind farms are permitted in the Heavy Industrial (INH) district subject to the standards of this Section that apply to wind farms.

1. Maximum height: 120 feet to the top of the rotor blade at its highest point.
2. Minimum Height of Rotors on Horizontal Axis Turbine: 30 feet.
3. Minimum Setbacks: Equal to the height of the tower measured from all:
   1. Property lines; and
   2. Overhead utility lines (except those connecting to the principal building).
4. Access shall be limited by:
   1. A six-foot high fence around the base of the tower;
   2. Limiting tower climbing apparatus to not lower than 12 feet above the ground; or
   3. A design that does not include climbing apparatus because the turbine is lowered for service.
5. Noise levels from the generator shall not exceed 40 dBA at the property line.
6. Generators shall not produce detrimental electromagnetic interference on adjacent properties.

7. Wind Turbines shall be painted a non-reflective, non-obtrusive color such as the manufacturer's default color option or a color that conforms to the environment and architecture of the community. Small wind energy towers shall maintain galvanized steel, brushed aluminum or white finish, unless FAA standards required otherwise. The City may require a photo of a small wind energy system of the same model that is the subject of the landowner's application adjacent to a building or some other object illustrating scale (e.g., manufacturer’s photo).

8. Small wind energy conversion systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind turbine.

9. Electrical controls and control wiring and power-lines shall be wireless or underground except where small wind energy system wiring is brought together for connection to the transmission or distribution network, adjacent to that network.

10. All access doors or panels to wind turbine towers and electrical equipment shall be lockable.

11. Appropriate warning signage (e.g., electrical hazards) shall be placed on wind turbine towers, electrical equipment, and small wind energy conversion systems.

12. If a small wind energy conversion system is to be interconnected to the electric utility, proof of an executed interconnect agreement shall be provided before the system is interconnected.

Wind Farms. Wind farms shall comply with the following standards:

1. Maximum height: No turbine shall be more than 160 feet in height to the top of the rotor blade at its highest point.

2. Minimum Setbacks:

   1. Buildings shall be set back as required by the INH district regulations.
   2. Electrical substations shall be set back not less than 70 feet from all property lines.
   3. All turbines shall be set back not less than 110 percent of their height from all property lines.
3. Wind farms shall be surrounded by a class D bufferyard.

1. Traffic circulation.  The temporary use shall have adequate sight distances for safe vehicular ingress and egress.  It shall have adequate turn lanes or provide for police control to move traffic in and out of the use. The adjacent street shall have adequate capacity to handle the anticipated additional flow of traffic.
2. Public convenience and litter control.  Adequate on-site restroom facilities may be required to handle the expected attendance. Adequate waste containers shall be required and a written guarantee shall be required that all litter generated by the event shall be removed at no expense to the City.  This shall include adjoining public rights-of-way.
3. Signs. A sign permit is not required; however, the Planning Director shall review and approve all signage. The Planning Director may approve signs up to 50 percent larger than would be permitted in Article 5, Signs, and may also approve attention getting devices.  The number, type, and size of signs and attention getting devices shall be determined using the following criteria.
   1. The need for obvious way-finding information, based on the location of the event and its likelihood of attracting visitors who are unfamiliar with the area, who may lose their way or become confused if signs are limited to the sign area otherwise allowed by this Code.
   2. The type, length, and size of the proposed event or use.
   3. Sight distances, other signage in the area or on the property, sidewalks, traffic volumes, and speed on the road.
   4. Other lighting in area, type of neighbors, light intensity, and glare potential.
   5. Logical travel routes to the site. 
4. Parking. Adequate access and off-street parking shall be provided. 
5. Lighting. Any floodlights or other lighting shall follow the standards of Article 9, Division 9.500 Exterior Lighting Standards. 
6. Noise. Noise Level Restrictions shall follow the standards of Article 4, Section 4.701 Noise. 

Modification of provisions. The Planning Department may establish additional conditions deemed necessary to ensure land use compatibility or minimize potential adverse impacts on neighboring properties, public streets, or the City.  These may include, but are not limited to, the following:

1. Modification or restrictions on hours of operation or duration of the event.
2. Posting of a performance bond to ensure clean up and removal of signage.
3. Arrangements satisfactory to the City for the provision of special or extraordinary services or equipment, such as traffic control or security personnel, or equipment that is needed to ensure safe operation of the use or event. This may also include liability insurance.
4. The Planning Department may refuse to issue a permit if the event is too large to be safe for the site, neighborhood, street, or other infrastructure, or may place limits on attendance to ensure it can be properly managed.

1. Final plat or development plan approval which identifies the location of the sales or contractor's office; or
2. Issuance of a curb cut permit for the development.

1. 10 days after the issuance of a certificate of occupancy for the final unit or building; or
2. In residential developments, after the last house is framed.

1. Sales offices are permitted only if the development includes five or more residential units to be constructed on contiguous lots.
2. Sales offices will not be opened or occupied until a final plat or development plan is approved and the road and utilities are installed or a letter of credit or similar guarantee is filed with the City.
3. Sales offices will be removed after the last house is framed, or the office structure will be converted to a use permitted in the district within 10 days after the issuance of a certificate of occupancy for the final unit or building.
4. The preliminary plat or development plan shall identify the location of the sales office.

1. There shall be four feet of unobstructed space on the sidewalk during the sales event.
2. Small, temporary displays for items such as groceries, hardware, books, etc. may be allowed in the optional sidewalk finish area provided the display does not impede persons passing side by side comfortably on the sidewalk. Such items shall be brought inside at the close of business each day.