It is the intent of this section to establish minimum off-street parking requirements for permitted uses and special exceptions based on the peak-hour demand for parking space under normal circumstances. It is further the intent of this section to set forth standards by which to improve circulation within parking lots, as well as to ensure adequate access into the public right-of-way.

Cross reference— Parking, stopping and standing, § 74-201 et seq.

13.0.1.1.

Parking facilities shall be provided for all uses constructed, established, moved or changed.

13.0.1.2.

When a combination of uses on a site provide a single parking facility, off-street parking shall be provided to equal the sum of the requirements for each use.

13.0.1.3.

Except as hereinafter provided, all parking facilities shall be located on the same lot as the structure or use served. Required off-street parking spaces, for any permitted uses or special exceptions, may be provided on a lot within 300 feet of such use when approved by the board of zoning appeals.

13.0.1.4.

Mobile homes shall not be parked or stored except on the premises of a permanent mobile home establishment or in a mobile home development, except as permitted by the board of zoning appeals.

13.0.1.5.

For land, structures or uses actually used, occupied or operated on the effective date of this chapter, there shall be provided such off-street parking space as was required for such land, structures or uses by a previous ordinance. If such land, structures or uses are enlarged, expanded or changed, there shall be provided, for that increment of expansion only, at least the amount of off-street parking space that would be required hereunder if the increment were a separate land, structure or use established or placed into operation after the effective date of this chapter.

13.0.1.6.

For all uses established or placed into operation after the effective date of this chapter, there shall be constructed, provided, preserved and maintained the amount of off-street parking space hereinafter set forth in [section] 13.0.4.

13.0.1.7. A permit shall be obtained as set forth in the schedule of fees in Article 17 for any existing unimproved parking lot that is enlarged, expanded, or changed in accordance with the off-street parking requirements of section 13.0.

(Ord. No. 2002-07-05, § 4, 8-5-2002)

13.0.2.1.

Parking facilities may occupy any portion of a lot, provided that:

a.

In residential districts, open parking spaces may be located in any yard, except a front yard or the street side of a corner lot.

b.

Garages and carports shall be subject to applicable side yard requirements.

13.0.2.2.

All parking facilities shall be arranged so that parking maneuvers shall be accomplished without entering a public right-of-way or walkway within or adjoining the facility, and further access shall be only from the district in which the facility is located.

13.0.2.3.

Minimum dimensions of parking facilities shall be determined according to current design standards for parking lots; however, each space shall not be less than 180 square feet, excluding aisles.

13.0.2.4.

All areas for parking and maneuvering shall be graded for proper drainage and finished hard surface, either paved or concrete in accordance with the City of Warsaw drainage ordinance.

13.0.2.5.

Adequate lighting shall be provided if facilities are used after 6:00 p.m and shielded from surrounding uses.

13.0.2.6.

Parking facilities shall be effectively screened from residential uses in accordance with [section] 13.3, except when the use is served by the parking facility. Such screening shall be continuous, broken only for access drives and walkways.

For purpose of off-street parking, the following units of measurement shall apply:

13.0.3.1.

Display and sales area: In the case of offices, merchandising or service types of uses, "display and sales area" shall mean the gross floor area or gross leasable area designed for tenant or owner occupancy and exclusive use, including basement, mezzanines and upper floors, if any, expressed in square feet measured from the centerlines of joint partitions and exteriors of outside walls. It shall not include areas used principally for storage, utilities, and other space incidental to the management or maintenance of the building.

13.0.3.2.

A dwelling unit shall mean one room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette.

13.0.3.3.

A seat shall be the space intended for one individual; in places where patrons or spectators occupy benches, pews, or other seating facilities, each 20 inches of such seating facilities shall be counted as one seat.

13.0.3.4.

Employees shall be based on the maximum number of persons on duty or residing, or both, on the premises at any one time.

13.0.3.5.

When units of measurement result in the requirement of a fractional space, any fraction shall require one parking space.

See Appendix B [section 16.1].

It is the intent of this section to establish loading requirements so that adequate space for standing, loading and unloading services adjacent to the opening used for loading and unloading is provided in order to avoid undue interference with public use of the streets or alleys.

13.1.1.

General provisions. Loading facilities shall be provided on the same premises with every building, structure, or part thereof, erected and occupied for uses involving the receipt or distribution of materials or merchandise via vehicular transportation, in accordance with the provisions of this section and in the amount set forth in the Table of Loading Requirements.

13.1.2.

Design standards. Loading berths may occupy any portions of a lot, provided that loading berths shall not be permitted in any required front yard.

13.1.2.1.

All loading facilities shall be arranged so that all maneuvers, shall be accomplished without entering a public right-of-way or walkway, and further:

a.

Access shall be only from the district in which the facility is located.

b.

Drives shall be directly accessible to the building or structure served.

13.1.2.2.

Loading berths shall be a minimum of ten feet in width and 50 feet in length, exclusive of aisle and maneuvering space, and shall have a minimum vertical clearance of 14 feet.

13.1.2.3.

All loading berths and maneuvering areas shall be paved in conformance with the standards of the city.

13.1.2.4.

Loading facilities shall be effectively screened from an adjacent residential district or principal residential use, in accordance with [section] 13.3. Screening shall be continuous, broken only for access drives and walkways.

13.1.2.5.

Loading requirements shall be computed on the basis of the gross floor area.

13.1.3.

Table of loading requirements. Loading requirements shall be established for permitted and special exceptions, irrespective of the zoning district in which they are located, as follows:

13.1.4

Modifications. The board of zoning appeals may authorize, upon request, a reduction or waiver of the foregoing requirements if it should find that, in the particular case appealed, the peculiar nature of the business, trade, industrial or other use, or the exception shape or size of the property or other exceptional situation or condition, would justify such action.

13.2.1.

Intent. The intent of this section is to permit more flexibility in a development through land use controls that foster good environmental design without violating the constitutional requirements of uniform classification and adequate standards; that permit planned residential developments in accordance with the master plan of the city; that permit a variety of housing accommodations including single-family detached, two-family and multifamily dwellings, and land uses in imaginative and orderly physical and aesthetic relationship to one another; that permit the grouping and preservation of open space, school sites, recreation areas and lands for other public, semipublic (including churches) and private purposes; that permit the development of an area rather than individual lot development. No particular development shall necessarily include all the requirements set forth above. Planned unit development (PUD) shall be permitted only in areas designated as PUD districts by adoption of a PUD district ordinance by the plan commission and common council in the same manner as a zone map change that is initiated under IC 36-7-4-602(c)(1)(B). A PUD district shall be subject to all requirements of IC 36-7-4-1500 series. The terms "development requirement," "planned unit development district" and "PUD district ordinance" shall have the same meaning in this ordinance as defined in IC 36-7-4-1501, 36-7-4-1502 and 36-7-4-1503.

13.2.2.

General requirements. The general requirements for planned unit developments are as follows:

13.2.2.1.

The tract proposed shall consist of one or more contiguous parcels of land comprising an area of four acres or more in size, unless the tract be bounded on all sides by public rights-of-way, public lands, watercourses, or less restrictive use districts, in which case it may be smaller than four acres.

13.2.2.2.

The major use of the tract shall be residential, and may include single-family, two-family and multifamily dwellings and the usual accessory uses such as garages, storage space and community activities.

13.2.2.3.

The tract may contain commercial and professional uses as an integral part of a residential development; but such uses shall be planned and gauged primarily for the service and convenience of residents of the planned development, and shall be authorized only to the extent that such uses are not available to the residents within a reasonable proximity.

13.2.2.4.

Planned residential developments shall be designed to create environments of stable and desirable character; they must provide provisions for recreation space adequate to meet the needs of the anticipated population or as designated in the master plan.

13.2.2.5.

The tract must be served directly by streets of appropriate size, function and capacity.

13.2.2.6.

There shall be no minimum lot sizes, no minimum setbacks, no maximum lot coverage, no minimum lot widths and no height limitations.

13.2.2.7.

All buildings shall be served by an adequate public sewer system, water supply and other utilities.

13.2.2.8.

Street right-of-way and pavement widths, if approved by the plan commission, may be reduced; however, every dwelling unit and all other uses shall have access to a public street, court, walkway or other area dedicated to public use.

13.2.2.9.

All parking lots, open spaces and other areas in common ownership shall be maintained properly by the developer, management or homeowners' association.

13.2.2.10.

Provisions for open space, compensating for the reduced lot sizes, setbacks, etc., shall be made by the developer.

13.2.3.

Procedure. An applicant for a PUD district shall first consult the office of the plan commission, and submit two copies of a proposed development plan as prepared in accordance with section 13.6 of this ordinance for all of the land to be included in the PUD district. In addition to the requirements contained in this section and the requirements contained in the PUD district ordinance, the proposed development in a PUD district must also comply with the other requirements of this ordinance.

Upon conclusion of the consultation prescribed by section 13.6, the administrator shall note in writing on the development plan his unofficial agreement or disagreement with the development plan. If the administrator's disagreement is noted, a statement of the administrator's reasons for disagreement shall be attached to the development plan. One copy of the development plan shall be kept by the administrator, and one copy shall be returned to the developer.

Upon the return of the development plan, the applicant for a PUD district may then submit a PUD district application to the Warsaw plan commission (plan commission). The application shall comply with section 13.6. and be submitted with ten copies of the development plan which shall include a detailed site plan, as required under section 13.6 of this ordinance; proposed written commitments, if any; a statement indicating financial responsibility sufficient in light of the proposed public improvements shown on the development plan; and all of the supporting documents which may reasonably be required, from time to time, by the plan commission.

In considering the development plan and the formation of the PUD district ordinance, the plan commission shall pay due regard to the requirements of IC 36-7-4-603. The commission shall also carefully consider the development plan and the recommendations of the administrator.

The plan commission shall then provide notice and conduct a public hearing pursuant to the terms of IC 36-7-4-604. After the public hearing, the plan commission shall certify the application and development plan to the commissioners with a favorable recommendation, and unfavorable recommendation or no recommendation. A copy of the development plan shall be retained by the plan commission office, one copy shall be forwarded to the common council, and one copy furnished to the applicant. If a favorable recommendation was given by the plan commission, the development plans so delivered shall be stamped "conditionally approved development plan" and be signed by the officers of the plan commission.

The plan commission's recommendations shall be recorded in the minutes of the plan commission meeting, together with a finding as to whether the proposed development is consistent with the spirit and intent of the comprehensive plan of the City of Warsaw. Approval of the development plan and the PUD district ordinance shall follow the procedures required under section 13.6, development plan procedures. The plan commission's recommendation shall also state:

a.

Whether the development plan states all development requirements in detailed terms, whether the development requirements as stated are acceptable to the plan commission and whether the PUD district ordinance should be eligible for final approval; or

b.

Whether the development plan states the development requirements in general terms and secondary review and approval should be required. In the event the plan commission recommends secondary review, the recommendation also (i) may specify the general development requirements for which additional detail must be provided, (ii) may state limits or parameters, if any, for the satisfaction of any or all of the general development requirements, and (iii) shall specify any plan documentation or supporting information that must be supplied in connection with secondary review.

The minutes and the recommendations included in them shall be filed with the commissioners. Within ten business days after the plan commission determines its recommendation, the plan commission shall certify its proposal to the common council pursuant to IC 36-7-4-605 and 36-7-4-608.

Upon receipt of the certified proposal under section 602.6 of this ordinance, the common council shall vote on the proposal within 90 days. The common council shall approve, deny or amend the proposal pursuant to IC 36-7-4-608 and shall not be bound by the plan commission's recommendations.

Any final approval of a PUD district ordinance by the common council must express either in general or in detailed terms the development requirements that apply to the PUD district. If the common council find that the development requirements are expressed in detailed terms and adopt the PUD district ordinance on such basis, there shall be no secondary review and no authority delegated under this ordinance. The development requirements which must be addressed by the council are those listed in IC 36-7-4-1403. It shall be sufficient for the council to note that a development requirement for a PUD is as shown on the approved development plan. The council's approval of a PUD district ordinance must also specify any plan documentation or supporting information that must be supplied to the administrator either before an improvement location permit may be issued for development of real property in the PUD district, or with an application for secondary review.

SECONDARY REVIEW

If the PUD district ordinance adopted by the council expresses in general terms the development requirements, this section shall apply. The PUD district ordinance may express criteria in general terms for the development requirements.

If the council chooses to approve the expression of the development requirements in general terms for the PUD district, the secondary review requirements contained in this section shall apply. The council shall determine whether to retain secondary review or delegate it pursuant to the terms of this ordinance. If the council chooses to delegate secondary review, it shall be delegated to the plan commission and conducted as follows:

a.

Secondary review shall commence with the submission of plan documentation and supporting information to the plan commission by the owners of at least 50 percent of the real estate in the PUD district. The plan documentation and supporting information shall comply with the requirements of this ordinance, the PUD district ordinance, or rules adopted by the plan commission pursuant to IC 35-7-4-1511(j). The plan documentation and supporting information must be sufficient to allow the plan commission to ensure that the applicable development requirements expressed in general terms are satisfied, and that the applicable requirements in this ordinance are satisfied.

b.

Within 30 days of receipt of all required plan documentation and supporting information, the plan commission shall schedule the secondary review for public hearing and give notice in accordance with IC 36-7-4-604(b). When conducting its secondary review, the plan commission shall consider the general development requirements contained in the PUD district ordinance. If the applicable development requirements and the applicable provisions of this ordinance have been satisfied, the plan commission shall grant secondary approval of the PUD district ordinance. The plan commission's approval shall be in writing, and shall include the following:

1.

Any development requirements, which shall be expressed in detailed terms, in addition to those adopted by the commissioners; and

2.

A detailed list of any plan documentation or supporting information which must be supplied before an improvement location permit may be issued for any development of real estate property in the PUD district.

3.

Any decision made by the plan commission pursuant to this section or pursuant to section 13.6 shall be appealable to the council. Such appeal must be brought within 30 days of the plan commission's final decision by providing written notice of such appeal to the plan commission. Such notice shall contain the specific basis for the appeal. Those persons entitled to an appeal shall be the Applicant or landowners contained in the area to be covered by the PUD district ordinance or an interested property owner located adjacent to such area. Upon receipt of the notice of appeal, the council shall then schedule the appeal for its next regularly scheduled public meeting at which it will conduct a public hearing regarding the appeal. Notice of the appeal shall be given in the same manner as the notice required pursuant to IC 5-3-1. After the public hearing is concluded, the council shall make a final determination regarding the appeal, which decision shall be final.

Pursuant to IC 36-7-4-1509(d), if the applicable development requirements are expressed in general terms and the applicable requirements in this ordinance are satisfied, the secondary approval and other necessary permits shall be granted.

MODIFICATIONS/AMENDMENTS

A PUD district ordinance may be modified, including the permitted uses or development requirements contained in the PUD district ordinance, by application filed by the property owners of at least 50 percent of the land which comprises the PUD district. The application shall be accompanied by supporting documents sufficient to accurately depict the portion of the original PUD district ordinance which the applicant desires to modify.

Within 30 days of receipt of the application to modify the PUD district ordinance, the plan commission shall provide notice and conduct a public hearing regarding the proposed modifications or amendments pursuant to the procedures contained in IC 36-7-4-604 for notice and public hearing. The decision of the plan commission regarding any modifications or amendments of a PUD district ordinance shall be appealable to the council pursuant to the same procedure for secondary review in section 13.6 of this ordinance.

Pursuant to IC 36-7-4-1511(l), the council shall, upon request of the applicant, state in the PUD district ordinance, that certain modifications or amendments are minor and may be made without a public hearing.

LIMITATIONS ON PUD DISTRICTS

The PUD district may contain residential, commercial, industrial, professional or special exceptions as an integral part of the PUD district. The PUD district ordinance adopted by the council shall specify the uses or range of uses permitted in the PUD district. All special exceptions shall require approval of the board of zoning appeals pursuant to this ordinance and applicable state statute, unless such special use is expressly permitted in the PUD district ordinance.

The land involved in an application under this article for a PUD district must be either in one ownership or the subject of an application filed by the property owners who own at least 50 percent of the land involved in the application.

In approving a PUD district ordinance, the plan commission and the commissioners shall consider the intent and principles of the comprehensive plan, the compatibility of the development with the surrounding land uses, the availability and coordination of water, sanitary sewers, storm drainage, and other utilities, the management of traffic in a manner that creates conditions favorable to health, safety, convenience and the harmonious development of the community, and any adverse effects to the property of public facilities in the area.

The development plan submitted with an application for a PUD district must be designed in accordance with accepted engineering practice, and must comply with the requirements in section 13.6, development plan procedures.

When adopting or amending a PUD district ordinance, the commissioners may impose reasonable conditions which may include any of the following:

a.

A financial guarantee that satisfactory maintenance will be provided for any common facilities, and that the facilities will be operated and maintained at no expense to the City of Warsaw or any other governmental unit.

b.

The furnishing of a bond or a satisfactorily written assurance guaranteeing the timely completion of proposed public improvements.

c.

Allowing or requiring an owner of real estate property in the PUD district to make a written commitment in a manner authorized under IC 36-7-4-615.

ISSUANCE OF IMPROVEMENT LOCATION PERMIT

No improvement location permit or certificate of occupancy may be issued unless all requirements, conditions and specifications required by the PUD district ordinance and this article have been met. In order to obtain an improvement location permit for any portion of the real estate included in the PUD district, the owner of such real estate, which may be less than all of the real estate included in the PUD district, shall submit to the administrator the plan documentation and supporting information required by this ordinance, the PUD district ordinance, and, if applicable, the plan commission or council as a result of secondary review of the PUD district ordinance.

13.2.4.

Effective time of approval. Approval of the development plan by the plan commission shall be effective for a period of 12 months. Within this period of time, the owner shall file for preliminary plat approval or the development plan shall become null and void.

13.2.5.

Preliminary plat submission. The owner shall submit a preliminary plat to the plan commission in conformance with the procedures set forth in the subdivision regulations.

13.2.5.1.

All regulations for preliminary plat submissions as contained in the subdivision regulations shall be adhered to except those regulations concerning lot size, setbacks, lot coverage, lot widths, building heights and street widths and rights-of-way which have previously been exempted by the plan commission as part of the development plan.

13.2.6.

Final plat submission. The submission of a final plat for all or any portion of the preliminary plat shall be in accordance with the procedures as set forth for a final plat in the subdivision regulations.

13.2.7.

Designation binding successors in interest. Whenever a tract of land has been designated as a planned unit development, such destination shall continue in effect irrespective of subsequent changes in ownership, whether all or a portion of the designated tract; and the uses and regulations approved shall bind and be applicable to any successors in interest to those who were the owners of such tract at the time of the designation as a planned unit development.

State Law reference— Planned unit developments, IC 36-7-4-1500 et seq.

A landscape buffer is a unit of yard together with the planting thereon. Both the amount of land and the type and amount of planting specified for each landscape screen requirement are designed to minimize nuisances between adjacent land uses. The requirements established herein for the installation and maintenance of landscaping and screening are deemed necessary to protect and enhance the community's environmental, economic and aesthetic quality, thereby contributing to the overall objective of promoting the public health, safety and welfare. More specifically, it is the purpose of this ordinance to:

Aid in stabilizing the environment's ecological balance by contributing to the process of air purification, oxygen regeneration, groundwater recharge and the accommodation of stormwater runoff;

Aid in abatement of noise, glare, heat and dust;

Promote energy conservation and personal comfort by maximizing the cooling effects of vegetation;

Help delineate separation of spaces and activities, thereby reducing visual and functional conflicts between land uses and activity areas associated with a site;

Enhance community appearance, identity and unique natural beauty;

Create visual interest, variety and harmony and provide contrast and relief from the built-up environment;

Protect and enhance property values;

Establish the minimum landscaping and screening standards and criteria that are necessary to achieve the desired quality of life described by the purposes set forth above.

13.3.1.

Location, maintenance, planting size, and landscape

a.

Landscape buffers shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line. Landscape buffers shall not be located on any portion of an existing or dedicated public or private street right-of-way or drainage and utility easements.

b.

The owner, tenant and their respective agents, if any, shall jointly and severally be responsible for the maintenance of all landscaping. This shall include, but not limited to, pruning, fertilizing, watering, mowing, weeding, and other such activities necessary to the proper maintenance of landscaping. All plant material which dies shall be replaced with plant material of required size, within 30 days ot the plant material's death. This period may be extended if weather conditions inhibit installation of new plant materials. Any masonry walls, chainlink and wrought iron fences shall be erected and maintained in conformance with all local code and ordinances.

c.

A landscape plan shall be submitted to the plan department when a development plan is required or at the time of preliminary platting of single-family or duplex subdivisions, or prior to receiving a building permit. The landscape plan shall be prepared by a landscape architect, professional engineer or architect registered and licensed in the State of Indiana. Plans shall be prepared on a standard size drawing sheet and contain the following information in addition to that required by section 13.6, development plan requirements.

1.

Existing trees six inches in caliper.

2.

The location of required screening and plant material by common name, scientific name, size and quantity.

13.3.1.1.

Opaque wall, barrier or fence: Where opaque walls, barriers or fences are used, such screens shall conform to the following:

a.

Materials used shall be of good condition, properly installed and consist of wood, masonry, "basket-weave" chainlink fence or any combination thereof or any other acceptable building materials.

b.

Such materials shall bear no signs or advertising, other than the name of the premises.

13.3.2.

Determination of landscape buffer requirements. To determine the type of landscape buffer required between two adjacent parcels or between a parcel and a street, the following procedure shall be followed:

a.

Identify the zoning district of the proposed land use by referring to the vertical column of the Table of Required Landscape Buffers.

b.

Identify the zoning district of the existing, adjacent land use by referring to the horizontal column of the Table of Required Landscape Buffers.

c.

Determine the landscape buffer required on each boundary of the subject parcel by referring to the Table of Required Landscape Buffers and then to the requirements for that landscape buffer.

13.3.3.

Landscape buffer requirements. The following types of landscape buffers are required in addition to those listed on the Table of Required Landscape Buffers:

a.

Vehicle loading areas. Vehicle loading areas shall be screened from public roads and adjacent residential districts where the yard containing the loading area is adjacent to the roadway or residential district. Screening shall be landscape buffer type A as described in Table 7.

b.

Nonresidential outdoor storage areas. Where outdoor storage areas are located within a yard which is adjacent to a residential district or public street, screening of such storage area shall meet the requirement of landscape buffer A described in Table 7.

c.

Nonresidential and multifamily residential surface parking areas. A minimum of five percent of the total parking area shall be landscaped. Such landscaping shall be distributed within the parking area, occurring within medians, islands or peninsulas. One tree shall be provided for each ten parking spaces and shall be located in such a manner that no parking space is further than 100 feet from a tree. Parking areas shall be screened from public streets and adjacent residential districts. Screening shall meet the requirement of landscape buffer type D described in Table 7.

d.

Nonresidential and multifamily refuse storage areas. Refuse storage containers shall be screened from public streets and adjacent residential districts by a six-foot high screen. Where they are not entirely screened from these areas by meeting the requirements of other sections, they shall be screened on three sides by the construction of permanent opaque wooden or masonry screens. An opening shall be provided on the fourth side for access by refuse collectors. However the opening shall be situated so that the container is not visible at an angle greater than 45 degrees from adjacent public streets. Such openings shall have a minimum width of 12 feet to accommodate refuse collection.

13.3.4.

Preservation of existing trees and natural landscape. Preservation of existing trees and natural landscape features shall be encouraged.

a.

When the location of existing trees in a healthy and growing condition or significant natural landscape features impedes strict compliance with the standards set forth herein, then the submittal of an alternative landscape and screening plan which incorporates such existing features into the overall site design is encouraged.

b.

Existing trees may be used to fulfill tree planting requirements if such trees are in a healthy and growing condition and if they are included on the plant list set forth in this section. The planning director may approve existing trees which are not included on the plant list as part of the landscape plan upon determining that the tree is of an appropriate size and variety.

c.

Existing trees used to fulfill tree planting requirements shall be protected by barricades or other acceptable methods during site preparation and construction to provide the area defined by the limits of the dripline of the canopy of the tree. A minimum of 75 percent of the protected area shall be maintained as a permanent permeable landscape area at grades existing prior to site development.

13.3.5.

Visibility. Where rigid enforcement of these standards creates a conflict with the provisions of blind corner regulations, the blind corner regulation shall take precedence and the landscape buffer standard shall be reduced to the extent necessary to alleviate the conflict.

Table 7
LANDSCAPE BUFFER REQUIREMENTS
Warsaw, Indiana

Buffer Types/Minimum Heights and Widths

Type A: 6-foot high continuous screen.

Type B: 10-foot wide landscape buffer, with 1 tree/500 square feet of buffer.

Type C: 25-foot wide landscape buffer, with 6-foot high continuous screen, with 1 tree/30 linear feet of buffer.

Type D: 3-foot wide landscape buffer, with 3-foot high continuous screen.

Special Notes:

1.

A combination of earthen berms, plant materials and/or opaque fence may be used to accomplish the required screening height stated above. Earthen berms shall have a maximum side slope of 3:1.

2.

Earthen berms shall be entirely vegetated with lawn or ground cover within two years of the date of planting.

3.

Live screening shall consist of a hedgerow of evergreen shrubs or trees which will normally grow to or exceed the minimum height specified. A minimum of three foot wide beds shall be provided for the planting of such shrubs.

4.

Where evergreen shrubs or trees are used to fulfill the requirements of Table 7, the frequency of plantings shall accomplish the formation of a solid visual screen within three years of the date of planting. The spacing of any such shrubs shall not exceed 36 inches on center.

5.

In residential districts, type A screen is required adjacent to U.S. 30 only, when back yards are adjacent to the public right-of-way.

(Ord. No. 99-4-2, 4-19-1999; Ord. No. 2006-06-02, § 3, 6-5-2006)

The purpose of this section is to provide a community standard by regulating signs; to improve pedestrian and traffic safety; to encourage the business use of signage to be consistent with the public convenience and welfare; to maintain and enhance the aesthetic environment enabling the city to attract sources of economic development; to minimize the possible adverse effect of signs on nearby public and private property; and to enable the fair and consistent enforcement of these sign standards. The intent of this section, as more specifically set forth herein, is:

To establish a permit system to allow signs subject to the standards and procedures of this article;

To prohibit signs not expressively permitted by this article; and

To provide for the enforcement of the provisions of this article.

Applicability. A sign may be erected, placed, established, painted, created or maintained in the city only in conformance with the standards, procedures, exemptions, and other requirements of this article.

13.4.1.

Definitions. For the purpose of the sign article as contained in this section, certain terms and words used herein shall be interpreted and defined as follows:

a.

Building facade. That portion of any exterior elevation of a building extended from grade to the top of the parapet wall or eaves and the entire width of the building elevation, and which may also be referred to as the building face.

b.

Copy area. The sum of the area of the words or numbers included in the sign copy, exclusive of pictorials, trademarks or other advertising symbols.

c.

Display area. The display area is defined as the total area upon which sign copy may be placed. In computing the total display area of a sign, mathematical formulas for geometric shapes formed by straight lines drawn closest to the extremities of the sign, excluding any structural member or embellishments, shall be used.

d.

External illumination. Artificial light directed at a sign.

e.

Flashing. A situation created in which artificial light is not maintained stationary or constant in intensity or color for intervals of at least three seconds at a time.

f.

Internal illumination. Artificial light produced from within a sign.

g.

Sign. Any printed text, pictorial representation, emblem, or other object, which is used to identify, instruct, attract, guide or advertise. This includes any structure, including the frame and supports of such. (See section 13.4.1.1 for types of signs and definitions.)

h.

Zone lot. A parcel of land in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage, and use, and can provide such yards and other open spaces as required by the zoning regulations.

13.4.1.1.

Definition of various sign types. A sign shall be defined as one or more of the following:

a.

Banner. A temporary sign constructed of pliable material such as cloth, paper, or plastic.

b.

Commemorative, historical, and memorial signs. Markers and plaques not exceeding six square feet in display area and containing no advertising material thereon.

c.

Construction sign. A temporary sign denoting the architect, engineer, contractor, subcontractor, vendor, financier or sponsor of a project or designating the future occupant or use of a development.

d.

Directional sign. A sign with information intended to assist in the flow of traffic such as entrance, exit, one-way or distance to a structure, site or use.

e.

Drive-through signs. Signs relating to a drive-through window for a business. This includes menus and height indicators.

f.

Flag. A banner not exceeding three feet by eight feet in size.

g.

Freestanding sign. A sign supported by one or more uprights, poles, columns or braces placed in or upon the ground surface and not attached to any building or structure. Freestanding signs shall be designed so that all framework for the lateral support of the sign shall be contained within the body of the sign or within the structure to which it is attached and shall not be visible. Exposed guy wires, chains or other connections shall not be made a permanent part of the sign.

h.

Identification sign. Signs located at the drive or entrance to multiple dwelling complexes, subdivisions, mobile home developments, or commercial or industrial parks.

i.

Inflatable sign. A temporary sign which is inflated with air or gas.

1.

Balloon. A type of inflatable sign.

j.

Marquee or canopy sign. A sign attached or applied below a marquee, canopy, awning or other roof-like structure. Marquee or canopy signs shall count toward wall signage allotment.

k.

Monument sign. A sign which is completely self-supporting, has its sign face or base on the ground and has no air space, columns or supports visible between the ground and the bottom of the sign.

l.

Moving sign. A sign that moves or gives the appearance of movement by natural (e.g. wind) or artificial (e.g. digital, mechanical) means for the purpose of advertising or attracting attention.

1.

Streamer. A type of moving sign constructed of pliable material such as cloth, paper, or plastic, consisting of multiple pieces suspended along a line or rope.

m.

Multi-faced sign. A sign, more than one side of which contains visible advertising.

n.

Multi-tenant sign. A sign for a commercial site with multiple tenants displaying the names of each tenant on the site.

o.

Mural. A sign painted onto the side of a building, wall, ground, or structure.

p.

Nonconforming sign. Any sign that does not legally conform to the requirements of this article at the time of passage.

q.

Off-premise sign. A sign that directs attention to a business, commodity, service, or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

r.

Portable sign. Temporary signs designed to be used while moving by way of wheels, a trailer, mounting to a vehicle, or other means.

s.

Projecting sign. A multi-faced sign, end mounted to an exterior wall of a building or structure and which projects out from the wall more than 18 inches. Shall be considered a wall sign and count toward wall signage allotment.

t.

Public service sign. A sign used by a non-profit or government agency for a special event.

u.

Roof-mounted sign. A sign erected wholly upon or over a roof of any building.

v.

Real estate sign. A sign directing people to a property or indicating that a property or any portion thereof is available for inspection, sale, lease, or rent. Real estate signs may only contain the name of the company and agent offering the property, the street address, and contact information, as well as common phrases including the words, "for sale," "for lease," "for rent."

w.

Sidewalk sign. A freestanding sign placed directly outside of the main entrance of a business.

x.

Single-faced sign. A sign with only one side visible.

y.

Temporary sign. A display, informational sign, or other advertising device with or without a structural frame, not permanently secured to the ground or a building. This includes displays for holidays, public demonstrations, and grand openings, but does not include "real estate signs." Any type of sign not otherwise defined in this article shall be considered a temporary sign.

z.

Wall sign. A single-faced sign which is in any manner attached or affixed to an exterior wall of a building or structure or mounted below a canopy and which projects not more than 18 inches from and does not extend more than six inches above the parapet line, eaves or building facade. Individual letters, in addition to the box-type sign, may be a wall sign.

aa.

Window sign. Any sign placed inside a window or upon the panes of glass and is visible from the exterior of the window.

13.4.2.

Computations. The following principles shall control the computation of sign sizing.

Computation of area of individual signs. The area of a sign face (including wall signs or other signs with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof, that will encompass the extreme limits of the sign (as defined above), but not including any supporting framework, bracing, or structure that is clearly incidental to the display itself.

Computation of area of multi-faced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back-to-back, so that both sign faces cannot be viewed at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces.

Computation of height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the newly established grade after construction, exclusive of any filling, beaming, mounding, or excavating solely for the purpose of locating the sign.

Computation of total permitted sign area per frontage. The total sign area that is oriented toward a particular street may not exceed the portion of the lot's total sign area allocation that is derived from the lot, building, or wall area frontage on that street.

13.4.3.

General provisions. All signs in all districts are subject to the regulations in this section. Any sign identified by multiple definitions is subject to all provisions of each identified definition.

a.

Unless otherwise noted, all signs erected in the City of Warsaw shall require a permit from the Warsaw Planning Department.

b.

All signs shall be constructed, connected, operated and maintained according to the applicable provisions of the Uniform Building Code and the electrical codes of the City of Warsaw.

c.

All signs shall be maintained in good repair and in safe, neat, attractive, and structurally sound condition. Painted faces or structural members shall be repainted whenever peeling or fading occurs. Neon tubes, lamps, ballasts and transformers shall be kept in a good state of repair and in safe condition. The city may order the removal of any sign which becomes a public hazard due to lack of maintenance or repair.

d.

Permits required for existing signs. If a sign requiring a permit under the provision of this article is to be replaced, constructed, or erected on a zone lot, the owner of the lot shall secure a sign permit prior to construction, placement, or erection of such a sign.

1.

Furthermore, the property owner shall maintain in force, at all times, a sign permit for such sign.

2.

Repair and regular maintenance of signs, (conforming and legal non-conforming) does not require a permit provided the cost of work does not exceed 50 percent of the value of the sign.

e.

A legal nonconforming sign can be modified provided the modifications conform to this article.

f.

Continuation of nonconforming signs. The lawful use of a sign existing at the time of passage of this article may be continued although such sign does not conform to all provisions of this article, except as herein provided.

g.

Use to conform after discontinuance. In the event that a nonconforming freestanding sign is discontinued for a period of one year, the sign shall be made to conform to the permitted regulations.

h.

No signs shall be erected in the public right-of-way.

i.

Projecting signs must have a minimum eight foot clearance above the ground, and cannot project into the public right-of-way more than eight feet.

j.

Public service signs. All types of advertising material may be used but must be removed immediately following the event.

k.

The lighting on signs shall not be allowed to change more frequently than every three seconds.

l.

If a sign is to be lit externally, the source of the light shall be concealed from view at each property line.

m.

All lit signs shall conform to existing lighting regulations.

n.

Directional signs shall not exceed six square feet in area and four feet in height and shall not count toward the sign allowance for a site.

o.

Drive through signs can be put on one permit and will not count toward the sign allowance for a site.

p.

Real estate signs. A sign indicating that a property or any portion thereof is available for inspection, sale, lease, rent, or directing people to a property. Directional signs may not contain any advertising of any kind. They may only contain the street address and common phrases including the words, "for sale," "for lease," "for rent."

1.

The following provisions shall apply to real estate signs in the R-1, R-2, and R-3 districts:

i.

Signs shall not exceed four feet in height.

ii.

Signs shall not exceed six square feet in display area.

iii.

Signs shall not encroach upon the public right-of-way.

iv.

Only one sign permitted per zone lot, except that if a property abuts more than one public right-of-way, including waterways, one sign may be placed adjacent to each right-of-way the property abuts.

v.

Signs shall be removed from the lot within 14 days of the sale, lease or rental of the premises.

2.

The following provisions shall apply to real estate signs in the M-1, C-2, C-3, C-4, C-5, I-1, I-2, and I-3 districts:

i.

Signs shall not exceed eight feet in height.

ii.

Signs shall not exceed 48 square feet in display area.

iii.

Only one sign permitted per zone lot, except that if a property abuts more than one public right-of-way, including waterways, one sign may be placed adjacent to each right-of-way the property abuts.

iv.

Signs shall not encroach upon the public right-of-way.

v.

Signs shall be removed from the lot within 14 days of the sale, lease or rental of the premises.

q.

Construction signs may be displayed 14 days after construction has been completed, and shall not require a permit.

r.

Sidewalk signs shall not require a permit. They must be removed from the sidewalk during non-business hours. They must be placed so as to not block the flow of movement on the sidewalk and may not exceed eight square feet in area.

s.

In order to provide unobstructed vision along public rights-of-way, the following shall apply:

1.

Property lines abutting a public right-of-way. Within ten feet of the property line, no visual obstruction shall hereafter be erected between three feet and eight feet above the ground.

2.

Exception for alleys. No sign may be erected closer to an alley than three feet. The vision triangle in Article 3.5 must also be created.

t.

For lots whose primary business is conducted outside, these special provisions shall apply to permanent signs:

1.

Moving signs may be used with a required setback of five feet from public right-of-way. This includes banners, flags, and streamers. A permit shall not be required for this material.

2.

Balloons may be used provided they are not inflated with helium. No other inflatable signs may be used.

13.4.3.1.

Temporary signs. A temporary sign shall be permitted, provided that:

a.

Advertising material must comply with all provisions in the City of Warsaw Zoning Code.

b.

The total display area of all temporary signs shall not exceed one-half the display area of the corresponding permitted permanent sign.

c.

Temporary signs must have a separation distance equal to one-fourth the length of the frontage to which they are oriented.

d.

A temporary sign shall not exceed the height restriction of a permitted permanent sign.

e.

Use of temporary signs shall not exceed a total of 180 days of use per business in a calendar year.

f.

The person for whose advertising benefit the sign is placed shall be responsible for the payment of all permit fees and for the proper placement of the sign.

g.

A $15.00 fee shall be paid for each such sign permit per calendar year.

h.

No permit fee shall be required if the sign usage is for a period of three days or less or if the sign usage is by a not-for-profit organization or if the signs are placed in a window.

i.

Each day a violation of this section occurs shall constitute a separate violation of this subsection.

j.

No temporary sign shall be placed in any portion of the public right-of-way nor shall they be so placed as to obstruct the view of vehicular or pedestrian traffic at intersections or points of ingress and egress onto a public right-of-way.

k.

No sign originally manufactured, constructed or intended for use as a temporary sign shall be used as a permanent sign nor shall any temporary sign be converted to use as a permanent sign. Because of the added structural needs of permanent mounted signs, and the usual lack of a proper internal structure in temporary signs, they may not become permanent signs, and no sign permit will be issued for such installation.

l.

For businesses whose primary business is conducted outside, these special provisions shall apply to temporary signs:

1.

Moving signs may be used with a required setback of five feet from public right-of-way. This includes banners, flags, and streamers. A permit shall not be required for this material.

2.

Balloons may be used provided they are not inflated with helium. No other inflatable signs may be used.

13.4.3.2.

Prohibited signs.

a.

Signs which are structurally unsafe, as determined by the Uniform Building Code.

b.

Signs obstructing free ingress or egress from a required exit, or which prevent light or ventilation as required in local codes and ordinances.

c.

Signs which by reason of size, location, content, coloring or illumination violate municipal and state highway standards.

d.

Signs bearing words, phrases, symbols, colors or characteristics which may mislead, interfere with, or confuse traffic.

e.

Signs erected on or attached to any sidewalk, street, tree lawn, tree, curb, curbstone, hydrant, lamppost, barricade, temporary walkway, utility pole, public fence, or on a fixture of the fire alarm or police system except public service signs.

f.

Inflatable signs, except as provided herein.

g.

Moving signs, except as provided herein.

h.

Off-premise signs. Real estate signs and development signs are exempt from this provision.

i.

Flashing signs.

13.4.3.3.

Additional regulations by zoning district.

13.4.5.

Administration. No sign, permanent or temporary, shall be erected or altered except in accordance with the provisions as set forth in section 13.4.

a.

The following signs shall not require permits:

Ordinary maintenance and repair to existing signs, provided that such work does not affect the structure to a degree greater than 50 percent of the current replacement cost, exclusive of the structural support of the sign.

Change of copy on signs.

Repainting and posting of copy.

Seasonal decorations and displays.

Flags.

Construction signs.

Real estate signs.

Public information signs.

Sidewalk signs.

Street signs erected by a subdivider or by the municipality for the purpose of street identification.

13.4.6.

Application. Application for sign permits shall be made through the city planner's office and shall include a site plan that includes the following information:

a.

Location of the building, structure or land to or on which the sign is to be erected.

b.

The dimensions of the sign and, where applicable, the dimensions of the wall surface of the building to which it is to be attached.

c.

The dimensions of the sign's structural members.

d.

The proposed location of the sign in relation to the face of the building or the lot lines of the property on which it is to be located, whichever is applicable.

e.

The owner shall agree to maintain the sign by repainting peeled and fading surfaces and replacing inoperative components; and to remove the sign when the use of the property and sign has been terminated. Should the owner fail to maintain the sign as outlined above within a reasonable time, the city shall cause the sign to be removed at the owner's expense after having given the owner of the sign 30 days' written notice to do so.

f.

Other such applicable information as the city planner's office may require under the provisions of this article.

g.

A sign permit fee shall accompany the application for a permit and shall be paid in accordance with the fee schedule in effect at the time of application.

13.4.7.

Procedure. The city planner's office shall review an application for a sign permit for compliance with this article and issue such permit or reject in writing such application.

a.

A sign permit shall be valid prior to actual placement of the sign for a period not exceeding three months; provided, however, that when a sign permit is issued in connection with a building permit for the site on which the sign is to be located, the sign permit shall run concurrent with the building permit. The holder of a sign permit may apply through the city planner's office for a three-month extension on the permit, if the sign has not been erected upon expiration of the permit, within 15 working days of the expiration date. A sign permit shall be renewed only once, after which time the permit shall be null and void.

13.4.8.

Inspection.

a.

The building commissioner shall have the right of entry in order to inspect all signs for compliance with the provisions of local codes and ordinances.

b.

When any sign becomes insecure, in danger of falling, or otherwise unsafe, the building commissioner shall send written notice to the owner of the sign to remove, change, or alter the sign. If said sign is not so removed, changed or altered within ten working days, the building commissioner shall cause the sign to be removed at the expense of the owner of the sign.

13.4.9.

Enforcement.

a.

Notice of complaint. When the city code enforcement becomes aware of a violation of this article, the violation will be documented. Attempts will be made to contact the owner of the property at which the violation is occurring. When contact is made, city staff will attempt to resolve the violation. If the property owner is non-responsive or not cooperative, city staff will send a notice of hearing.

b.

Notice of hearing. A notice of hearing shall serve as official notification to the property owner to attend a code hearing to resolve the code violation.

c.

Signs positioned within the public Right-of-Way and determined to be a nuisance or a threat to public safety are subject to immediate removal by code enforcement staff.

Table 6
Sign Regulations

P = Permitted
T = Permitted only as a temporary sign

(Ord. No. 00-12-01, § 3, 12-18-2000; Ord. No. 01-05-03, § 3, 5-21-2001; Ord. No. 01-06-01, § 3, 6-18-2001; Ord. No. 2006-06-02, § 3, 6-5-2006; Ord. No. 2012-10-05, § 3, 10-4-2012; Ord. No. 2025-08-02, § 3, 8-18-2025)

It is the intent of this section to set forth regulations and general provisions for the construction and maintenance of fences that are consistent with the spirit, purpose and intent of this chapter; that will not substantially and permanently injure the appropriate use of neighboring property; and will substantially serve the public convenience and welfare.

13.5.1.

Definition. For the purpose of the fence regulations as contained in this section a "fence" is a structure.

13.5.2.

Regulations and intent. It is recognized that in many instances it is desirable to have fences. It is the intent of this section to encourage the beneficial use of fencing in order to create a more attractive environment. It is further the intent of this section to foster and improve the vitality of the community by enhancing and protecting the physical appearance of the community. In order to accomplish this purpose, it is necessary to regulate the size, location, construction and appearance of fences as set forth in this article.

13.5.2.1.

General provisions.

a.

All fences shall be constructed of uniform material, color and height; provided, however, that all other provisions of this chapter must be adhered to.

b.

All fencing shall be maintained in a good state of repair. Painted fences shall be repainted whenever peeling or uneven fading or streaking occurs. The city may order the removal of any fence which becomes a public hazard due to lack of maintenance or repair.

c.

All fencing shall be erected so as to place the good side of the fence facing away from the property owner erecting the fence. For the purpose of this ordinance "good side" shall mean that side of the fence which is the smoothest and reveals to the least extent the support members of the fence.

d.

Easements. The City of Warsaw shall not be responsible for fences removed or damaged as a result of placement in an easement. The fence owner shall acknowledge upon signature of a fence permit that a fence or other private property placed in an easement may be removed at any time and shall not be subject to reimbursement.

1.

Fence permits are subject to review by the city stormwater department.

e.

Total fence height shall include, but not be limited to, man-made mounding and support structures, and shall not include decorative post tops.

f.

Fences must meet the vision and clearance restrictions in section 3.5 of this appendix and at no time shall be in the public right-of-way.

g.

No fence shall be used as or for the display of a sign except as provided in section 13.4.

13.5.2.2.

Requirements by district. The following fencing regulations shall apply in the appropriate zoning districts as set forth below:

a.

RR-1, R-1, R-2, R-3. Residential districts as follows:

1.

No setback requirements on side or rear property lines, provided property is not bordered by an alley or other public easement.

2.

No fence to exceed six feet in height.

3.

No fence may be erected closer to an alley than three feet; provided, however, vision requirements must be met at all intersections with streets or other alleys as provided in section 3.5 of this ordinance.

4.

Decorative fencing, such as wrought iron, wood, or other approved materials, excluding chain-link fencing, may be permitted in the front yard, provided that they comply with all other requirements of this section and section 3.5 of this ordinance, and exhibit an overall opacity not exceeding 50% and a height not exceeding 3.5 feet.

b.

C-2, C-3, C-4, C-5. Commercial districts as follows:

1.

Except as required to meet section 13.3, no fence shall exceed six feet in height.

2.

No fence shall be used as or for the display of a sign except as provided in section 13.4.

3.

All setback requirements as required for a structure unless a setback variance is granted by the board of zoning appeals.

c.

I-1, I-2, I-3. Industrial districts as provided in this ordinance and the following:

1.

Except as required to meet [section] 13.3, no fence shall exceed eight feet in height.

2.

No fence shall be used as or for the display of a sign except as provided in [section] 13.4.

3.

No setback requirements except as required for vision or clearance as provided in [section] 3.5 of this ordinance.

(Ord. No. 2006-06-02, § 3, 6-5-2006; Ord. No. 2015-05-02, § 3, 6-1-2015; Ord. No. 2025-05-02, § 3, 5-19-2025)

13.6.1.

Development plan procedures.

a.

[Scope.] Any proposed industrial, commercial, multifamily, public or private nonresidential use, not subject to the Warsaw subdivision control ordinance, shall be subject to the provisions of this section.

b.

Preapplication discussion. A preapplication discussion between staff and developer is recommended at least 15 days prior to official application for primary approval of a development plan. The purpose of this preapplication discussion is as follows:

1.

To acquaint the applicant with the standards and requirements of all applicable ordinances, including the comprehensive plan;

2.

To review the intent of the various procedures and submission requirements;

3.

To acquaint the applicant with any inherent limiting characteristics of the specific site or surrounding areas; and

4.

To reduce the time period between initial application and commission approval.

c.

Application for primary approval of development plans. The application for primary approval of a development plan shall be submitted in duplicate to the commission on a form approved by the commission, shall be signed by the owner(s) of record and shall contain a statement specifying the intentions of the owner respecting the proposed land use of the development, deed restrictions, drainage, sewage disposal, water facilities, and the intended date of the development. At the time of the submission of the application, the applicant shall pay to the commission the filing fee established by rule of the commission. The applicant shall also be responsible for issuance of all notices required by the commission and shall pay all mailing costs incurred in furnishing notice of the public hearing as required by law and this ordinance.

1.

The tracing and 15 copies of the proposed development plan shall be submitted to the commission at the time the application for primary approval is filed and not later than 15 days before the commission meeting. The proposed development plan shall represent the entire tract which the applicant intends to develop and over which he has an ownership or financial interest and/or control, or that portion of the entire tract for which further public hearing is required by the commission following the initial primary approval of the development plan for the overall site.

d.

Contents of development plan for primary approval. The development plan for which an application for primary approval is submitted shall contain the supporting data and site plan and supporting maps described below, which information is to be submitted for all of the site included in the application. Applications can be reviewed only for those areas for which all required submission data have been presented.

1.

Supporting data.

(a)

A development schedule indicating the approximate date when construction of the development (or stages of the development) can be expected to begin and be completed;

(b)

Quantitative data for the number and type of structures, parcel size, proposed lot coverage of buildings and structures; together with gross residential densities, type of dwelling units and net density per type of dwelling unit when mixed use, where applicable;

(c)

Statements identifying the intended means of assuring permanency, continuance and maintenance of all open/recreation spaces to be dedicated for use by residents of the development and/or the general public, where applicable; and

(d)

Any restrictive covenant, declaration, written commitment, or other documents(s) related to the development, which is proposed to be recorded.

2.

Site plan and supporting maps.

(a)

Date, scale, (graphic and written), north point, name and address of designer and/or engineer, name and address of the developer, and proposed name of the development.

(b)

A generalized legal description of the total site as well as dimensions of the boundaries of the tract, including generalized bearings and distances, measured from a section corner.

(c)

The existing site conditions including contours, (at a predetermined interval), watercourses and drainageways, flood plan elevations, wooded areas, soil types (including interpretation of character), and other unique natural features.

(d)

The location, minimum size and configuration of areas to be conveyed, dedicated or otherwise reserved as common open spaces, parks, recreational areas, school sites and similar public and semipublic uses, where applicable.

(e)

The existing and proposed vehicular circulation system, including right-of-way widths and driving surface widths of streets, off-street parking areas, service areas, loading areas, street names, intersection radii, street dedications, and points of access to public rights-of-way, where applicable.

(f)

Proposed lot and/or tract lines, lot numbers, lot dimensions, easements and building lines. Those areas to be subdivided pursuant to the terms of the subdivision control ordinance shall conform to same and be clearly delineated on the development plan.

(g)

The proposed treatment of the perimeter of the site; including materials and techniques to be used such as screens, fences, walls and landscaping.

(h)

The following generalized feasibility information:

(1)

Width and type of surfacing materials of streets and other vehicular circulation facilities, and an identification of which streets, if any, in a development will be private, rather than public;

(2)

Sanitary sewer pipe location, manhole locations and invert at point of connection to existing facilities;

(3)

Water line and fire hydrant locations to point of connection to existing facilities;

(4)

Storm sewer improvement locations including pipe, manhole and catchbasin locations; detention basin location, capacity and appropriate elevations; storm drainage flow lines; and

(5)

Street lighting fixture locations.

e.

Hearing procedure for primary approval; action by commission.

1.

Within 30 days after the date of receipt of the application for primary approval, the proposed development plan and the filing fee, the commission staff shall announce the date and time of the public hearing for primary approval of the development plan to be held before the commission. The director shall provide instructions to an applicant and the applicant shall take all steps necessary to provide notice of such hearing, as follows:

(a)

By publication in accordance with IC 5-3-1 (IC 5-3-1-1);

(b)

To all public agencies and governmental units having a probable interest in the proposed development, furnishing a copy thereof and requesting their written comments with regard thereto; and

(c)

To such other interested parties and in such manner as the commission may designate by rule.

f.

[Hearing for primary approval.] The public hearing for primary approval of the proposed development plan shall be conducted in accordance with such procedures as the commission may adopt by rule.

1.

After public hearing upon the proposed development plan, the commission shall determine if the plan:

(a)

Meets the design standards imposed by this ordinance;

(b)

Satisfies the stated purposes set forth in IC 36-7-4-601(c);

(c)

Complies with the stated goals and purposes of the Warsaw city comprehensive plan; and

(d)

Adequately satisfies the following general development standards:

(1)

Compatibility with surrounding land uses;

(2)

Availability and coordination of sewer, water, storm drainage and utility services or facilities;

(3)

Allocation of appropriate areas for streets, parks, recreational facilities and schools, if necessary; and

(4)

Appropriate building separation, vehicular circulation, parking, site improvements and signage.

(e)

Provides for a distribution of traffic in a manner which creates conditions favorable to the health, safety, convenience and harmonious development of the community, particularly considering the following factors:

(1)

The design and location of proposed street and highway access points of the purpose of minimizing safety hazards and congestion;

(2)

The capacity of adjacent existing streets and highways to safely and efficiently handle traffic projected to be generated by the development; and

(3)

The coordination of the streets and entrances in the development plan with existing and planned streets and highways.

(f)

Within a reasonable time after the public hearing, the commission shall either grant, with or without conditions, or deny primary approval of the proposed development plan and enter written findings and decision in accordance with such action, signed by any one of the following: the president, the vice president, the secretary or the director of the commission; provided, however, that if primary approval is denied, the written findings entered by the commission shall set forth the reasons for such denial.

(g)

Notice of the commission's decision upon the application for primary approval shall be provided by furnishing a copy of its written findings and decision to the applicant and to such remonstrators of other interested parties, if any, as the commission may designate by rule.

(h)

Primary approval of a development plan by the commission shall be valid for one year from the date of approval, unless the applicant, prior to the expiration of such one-year period, shall have applied for and received the commission's approval for an extension of time to obtain secondary approval. If by the expiration of such initial one-year period of time, or during any period of extension approved by the commission, the applicant does not obtain secondary approval of all or part of the area included, in the development plan for which primary approval had been granted, then the primary approval granted for the development plan shall lapse, and be considered as null and void. In the event the commission grants secondary approval for only a portion of the development plan, the applicant thereafter will not be obligated to adhere to any time limitations for requesting secondary approval of the remainder of the development plan.

13.6.2.

Secondary approval of development plans.

a.

Secondary approval of development plans; procedure and

1.

Procedure.

(a)

The applicant shall have the responsibility to notify the director of the commission of his intent to seek secondary approval, of either all or a portion of the development plan. In the event the applicant intends to seek secondary approval of only a portion of the development plan, the applicant shall specifically describe and designate such area so as to reasonably identify the same. The applicant shall also at that time file with the commission staff the development plan in the form and with the contents prescribed hereinafter. The director shall then cause to be scheduled a meeting of the commission for the purpose of reviewing the development plan and determining whether secondary approval shall be granted, and provide notice to the applicant of the date and time of such meeting. No other notice of such meeting need be given, except as required by law. The commission staff shall then review all submissions made by the applicant to insure the requirements for secondary approval stated in this ordinance have been satisfied and make a recommendation to the commission for the granting or denial of secondary approval of the development plan.

2.

Conditions. The commission will consider secondary approval of a development plan only after the applicant has accomplished all of the following:

(a)

Filed with the commission a complete set of plans and specifications for the development of all streets, sewers, water supply and other utilities and facilities proposed to be installed in conjunction with the development plan, in accordance with the requirements of this ordinance;

(b)

Furnished to the commission satisfactory evidence that the sewer and water facilities proposed to serve the development will be timely provided by the applicable governmental or quasipublic agency:

(1)

Furnished to the commission all necessary approvals and acceptances from all applicable agencies and authorities;

(2)

Provided evidence that he has complied with notice requirements under this ordinance or by rule, of the granting of primary approval of the development plan by the commission; and

(3)

Filed with the commission the development plan in the form and with the contents prescribed by this ordinance.

b.

Form and contents of development plan for secondary approval.

1.

Site plan and supporting maps. The development plan for which secondary approval is sought shall be submitted to the commission in the form of an original mylar or similar material drawn in ink and shall be a complete and accurate layout of the project and shall contain any and all additions, corrections, and deletions required by the commission. Such development plan shall also include the following information:

(a)

Date, scale (graphic and written), north point, name and address of the designer and/or engineer, name and address of the developer of the tract, and name of development;

(b)

Dimensions of the boundaries of the tract including bearings and distances and the exact location of all existing and recorded streets intersecting the boundary of the tract;

(c)

Section or reserve lines or other legal points of reference and distances to same;

(d)

Building lines, lot lines, easement locations and dimensions;

(e)

Lot numbers and individual addresses for each lot;

(f)

Plans, profiles, cross sections and names, location and geometric for streets and entrances onto public rights-of-way, including acceleration-deceleration and passing lanes, and dedication documents when applicable;

(g)

Plans and cross sections for pedestrian walkways;

(h)

Easements, such as pedestrian, utility, drainage, etc.;

(i)

Sanitary and storm sewer plans and profiles, and water line plans;

(j)

Parking areas, including plans, cross sections, and landscaping details;

(k)

The length of all arcs and radii, central angles, internal angles, points of curvature and tangency, the length of all tangents, intersection radii and right-of-way widths;

(l)

Lighting plan, including areas to be lighted, the type of fixtures to be used, and the lighting intensity level for all areas to be lighted, when required;

(m)

Landscape plans, including the location of all landscape materials and elements, which requirement is waived in those areas used for single-family residential purposes; and

(n)

Such other data which may be required by the commission.

2.

[Additional supporting data.] The applicant shall also furnish to the commission the supporting data, information and documents described below at the time the development plan is submitted for secondary approval:

(a)

Legal description of the parcel of real estate for which secondary approval is sought;

(b)

Any restrictive covenant, declaration, written commitment, or other document(s) related to the development, which is to be, or has been, recorded;

(c)

Traverse closure;

(d)

Construction performance schedule and accompanying development plan indicating delineations of specific areas. Those areas required to have open space shall include the time of the development of recreational or other facilities within the open space. The development plan shall also indicate the location of any construction access roads and their relationship to the staging of development;

(e)

Letters from the utilities serving the area with wastewater disposal and/or fresh water supplies, setting forth their ability to service the development;

(f)

If streets have been approved by the commission as private streets, such information and documents as are required by the commission and this ordinance, to establish the streets as private; and

(g)

Such additional information as may be required by the commission.

c.

Action by commission for secondary approval of development plans.

1.

Within a reasonable time following the applicant's satisfaction of all requirements for secondary approval, the commission shall either grant, with or without conditions or deny secondary approval of the development plan. If secondary approval is denied, the commission shall within three days thereafter, furnish the applicant with a written list of the reasons for such denial.

2.

Notwithstanding the requirements of the ordinance for submission to the commission of certain approvals for improvements installed, the commission may, upon written request by the applicant, supported by evidence that all submissions have been timely filed, grant secondary approval of a development plan although one or more of such approvals may not have been delivered to or received by the commission. The commission may grant such secondary approval only when the applicant provides a written statement made under oath and approved by the commission or the commission staff, for recordation as a protective covenant or supplement thereto, stating that the applicant will cause to be provided at his cost all things necessary to attain or accomplish the delivery of the required approval(s) which shall not then have been delivered to or received by the commission. If the applicant does not then deliver such approval(s) in a timely fashion, the commission is hereby empowered to refuse to issue either improvement location permits or certificate of occupancy permits. Once the applicant has thereafter secured and delivered to the commission the required approval(s), the director shall then execute a recordable document, which shall then be recorded by the applicant at his expense, rescinding the aforesaid recorded written statement.

3.

The commission may require the posting of a bond or a letter of credit in an amount determined by the commission sufficient to complete all required infrastructure if such is not completed by the applicant within the timetable contained in the secondary approval.

d.

Issuance of permits.

1.

Prior to the issuance of an improvement location permit for any use in a district wherein a development plan is required, the following matters shall be accomplished:

(a)

The commission shall have granted primary and secondary approval of the development plan in accordance with this ordinance and the Warsaw city comprehensive plan; and

(b)

The applicant shall have duly recorded in the office of the recorder of Kosciusko County, Indiana, the utility easements, rights-of-way, plats, deed restrictions, or any other legal instruments required, and in the form approved by the commission.

2.

The requirement for such approval of a development plan, prior to the issuance of an improvement location permit, shall also specifically apply to any residential condominium development which is subject to the requirements of IC 32-1-6, the Indiana Horizontal Property Act, as the same may be amended from time to time, regardless of whether the zoning district in which the subject real estate is located required approval of a development plan for the intended use under this ordinance.

e.

Amendments to approved development plan.

1.

General requirements. After the commission has granted either primary or secondary approval of a development plan, any amendments thereto shall be submitted by the applicant to the director by way of an amended application for the type of approval sought, on a form prescribed by the commission. Any such application shall also be accompanied by the pertinent submissions required under this ordinance for the proposed amendments involved, together with the requisite filing fee if a public hearing is required hereunder to be held upon the amended application.

2.

Execution of amended application. Any application submitted for amendment of a development plan following the granting by the commission of primary approval, but prior to the granting of secondary approval, need contain only the signature(s) of the original applicant(s), or the successor(s) in interest thereto. After secondary approval of a development plan has been granted, any applications for proposed amendments thereto shall contain the signatures of all owners of record, as shown in the tax records maintained by the auditor of Kosciusko County, Indiana, at the time such application is filed, of the real estate included in that portion of the development plan for which secondary approval had previously been granted and for which amendment is being sought.

3.

Requirement for public hearing. If, in the opinion of the director, the amendment to the development plan proposed in such application is substantial, in terms of the scope of the overall project and/or the possible impact upon the community and land uses, both existing and planned, which surround the area included in the development plan, the director may require the matter to be heard by the commission at a public hearing.

4.

Commission action. Notwithstanding the foregoing provisions, nothing in this section shall preclude the commission from requiring, as a condition for the granting of primary approval of an overall development plan, that subsequent public hearings be conducted before the commission, as to any portions of the overall development plan or any later amendments, alterations or modifications proposed with regard thereto. The commission may, however, waive any procedural or submission requirements when reviewing a change to an approved development plan.

5.

Conduct of subsequent public hearing. If the commission requests, or is required under the provisions of this ordinance, to conduct a second or subsequent public hearing for approval of a development plan or an amendment thereto, then such hearing shall be conducted and notice furnished in accordance with the pertinent rules duly adopted by the commission.

f.

Waiver of development plan submission.

1.

Notwithstanding any provisions in this ordinance to the contrary, the director shall have the authority to issue an improvement location permit for construction of an improvement in a planned district, without the prior submission and approval of a development plan, under the following circumstances:

(a)

The proposed improvement would not have a significant impact upon adjacent land uses, and upon the street system and utility and storm drainage facilities which serve the real estate on which the improvement is to be located; and

(b)

The public convenience and welfare would not be substantially served by requiring submission and approval of a development plan for the proposed improvement.

2.

If the director initially determines that an improvement location permit may be issued without submission of a development plan, under subparagraph (a) above, the director may require that before issuance of such permit, the application for it be circulated among potentially interested governmental and quasipublic agencies, for review and comment upon the proposed improvement.

3.

After circulation of the improvement location permit application as provided under subparagraph (b) above, the director may:

(a)

Impose conditions which must be satisfied by the applicant for the permit before issuance of it;

(b)

Determine if the applicant must submit a development plan to the commission in accordance with the normal requirements of this ordinance; or

(c)

Issue the permit without exception or condition.

4.

If the director imposes conditions for issuance of an improvement location permit, and the applicant for the permit disagrees with those conditions, the applicant shall submit a development plan to the commission for approval in accordance with the normal requirements of this ordinance. Such determination by the director shall not be considered as appealable to the board of zoning appeals.

13.6.3.

Development plan design standards.

a.

[Minimum standards.] The following minimum design standards shall apply to all improvements upon real estate for which a development plan is required. Individual zoning districts may also supplement the following standards, with more detailed standards pertinent to the individual districts.

1.

Environmental design.

(a)

It is the intention of the commission to encourage the preservation of natural site amenities and to minimize the disturbance to the natural environment.

(b)

Existing trees and other natural features shall be preserved whenever possible. The location of these features must be considered when planning common open space, location of buildings, underground services, walks, paved areas, and finished grade levels. The commission may inquire into the means whereby natural features will be protected during construction.

2.

Building separation.

(a)

In reviewing the location of all structures within the development plan boundaries, the commission shall determine that said structures are located to allow adequate light, air, ease of entry and access by emergency vehicles. For those districts without specified yard requirements, the commission shall be guided by the following:

(1)

That the open areas provided around the building be sufficient to provide the occupants of the structure with adequate light and air from all outside walls which contain windows or doors;

(2)

That sufficient space is provided for access and entry to buildings from all streets, parking lots and other buildings; and

(3)

That in the event lots for one-family or two-family dwellings are to be sold prior to construction and the applicant cannot indicate structures on the development plan, said structure's shall be subject to the setback provisions of the ordinance for such district or other commission-approved minimums, unless specifically waived.

3.

Streets and other vehicular circulation facilities.

(a)

In determining the number of driveway entrances, widths of driveway pavement, the width and length of acceleration, deceleration and passing lanes, and related construction standards, the commission will consult the street standards adopted by the board of public works and safety of Warsaw, Indiana.

(b)

Unless waived or modified by the commission, each street in a development plan shall be:

(1)

Dedicated to the public for its usual and intended purpose;

(2)

Constructed in such a manner as to comply with the provisions of this ordinance; and

(3)

Constructed in such a manner as to permit it to be accepted into the Warsaw city street maintenance program.

(c)

Unless waived by the commission, streets in a development plan shall be inspected during the course of their construction, as required by the Warsaw street department.

4.

Pedestrian circulation facilities. Pedestrian walkways shall be constructed in a location and to such specifications approved by the commission. Such walkways shall provide for pedestrian circulation throughout the development and shall be separated from vehicular traffic. Where distance separation cannot be achieved, physical separation may be required in cases in which the commission deems necessary.

5.

Sanitary sewage disposal and water supply systems. All water supply and sanitary sewage disposal systems, from private to public in nature, shall be subject to compliance with local, and where appropriate, state board of health requirements. Plans must be submitted to and approved by the responsible agencies.

6.

Recreation space.

(a)

The following standards are to be utilized in the evaluation of all recreation space in a commission-approved development plan:

(1)

Commission-approved recreation space shall be provided in all multifamily residential projects. The purpose of providing this space shall be to meet the immediate and future recreational needs of the development's residents in a neighborhood setting. Recreation space may be provided in a centrally located site, in distinctly separated sites, as connecting links between separated activity areas, or adjacent to other existing or proposed recreation spaces. The commission shall determine if the proposed recreation space is suitable for the intended use. The requirement may be waived when, in the opinion of the commission, the applicant has satisfactorily demonstrated that he has provided alternative methods for meeting the recreational needs of this development's residents or the resulting open space is less than 10,000 square feet; and

(2)

All developments with recreation space must contain acceptable covenants which, in the opinion of the commission, ensure adequate maintenance of those recreation spaces, when applicable.

(b)

Physical improvements: The term recreation space shall be interpreted to mean void of nonrecreational structures, street rights-of-way, open parking areas and driveways for dwellings.

7.

Paving. All access drives and off-street parking facilities shall either be paved with concrete or with other approved surfacing material to adequately provide a durable and dustfree surface.

8.

Parking standards.

(a)

Parking areas may be required to be arranged so as to prevent through traffic to other parking areas.

(b)

Parking areas shall be screened from adjacent nonrelated structures, roads and traffic arteries with plantings, earth berms, walls of changes in grade, when deemed necessary by the commission.

(c)

All parking areas shall be marked so as to provide for orderly and safe parking, storage and movement.

(d)

When it is in the interest of safety and better vehicle and pedestrian circulation, the commission may require the use of landscape elements to provide physical separation of use areas.

(e)

All parking areas shall be adequately lighted. All such lighting shall be so arranged as to direct the light away from adjoining real estate.

(f)

All parking areas and off-street loading areas shall be graded and drained to remove all surface water without erosion and flooding.

9.

Street lighting. Street lighting shall be provided in all residential developments. Alternative street lighting proposals will be considered by the commission if found to be appropriate in scale and intensity. Where pedestrian facilities are separated from streets to the extent that they are not adequately lighted from the street light facilities, separate lighting facilities shall be provided on such pedestrian facilities.

10.

Drainage. Surface water drainage shall be provided in accordance with the drain standards as established by the board of public works and safety.

b.

Conditions for approval of private streets. The commission may waive the requirement for a street to be dedicated to the public and approve a private street in a development plan. In granting such approval, the commission may impose any or all of the following conditions:

1.

Restrictive covenants, a written commitment, or other necessary document(s) running with the land, shall be recorded in such form as is approved by the commission to clearly state of record any or all of the following provisions:

(a)

The commission shall never be obligated to accept a public dedication, deed or any other conveyance of such private street;

(b)

The Warsaw street department shall never be obligated to maintain or repair the street, or accept into the Warsaw street maintenance program;

(c)

All owners of real estate in the development plan, and if required by the commission in a residential development plan, a legally formed community association comprised of all such owners, shall be jointly and severally obligated to maintain and repair each private street in the development plan;

(d)

The owners of real estate in the development plan, and if one exists, the development's community association, shall jointly and severally indemnify and hold harmless Warsaw, Indiana, and the commission, against any loss, damage or liability arising from claims or suits for personal injury or property damage involving the design, construction, use or maintenance of the private street in the development plan; and

(e)

While use of a private street may be restricted to owners of real estate in the development plan, or their invitees and licensees, an express easement shall be granted to public and quasipublic agencies for use of such streets by emergency, utility, and school vehicles and personnel, and for any other purpose the commission reasonably believes is necessary or appropriate.

2.

Title to each private street in the development plan shall be properly conveyed by warranty deed to the development's community association.

3.

Evidence of the legal formation of the development's community association shall be recorded.

4.

Unless waived or modified by the commission, a private street shall be constructed and inspected in such a manner as to satisfy the requirements of Warsaw street standards.

5.

A maintenance bond, with coverage comparable to that required for public streets, for the benefit of the development's community association and lot owners, shall be provided by the developer of the development, if the commission finds such a bond is necessary.

c.

Waiver of design and construction standards for private streets.

1.

A private street shall satisfy all design and construction standards specified in this ordinance, other than those waived or modified by the commission.

2.

If the commission approves a private street in a development plan, the design and construction standards specified in this ordinance may be waived or modified because of topography or other engineering considerations, only as to each of the following requirements:

(a)

Minimum right-of-way;

(b)

Minimum pavement width;

(c)

Circular turnaround (cul-de-sac); and

(d)

Curb and gutter.

3.

The commission may limit the number of residences which may be located with frontage on a private street for which a waiver or modification is approved by the commission.

4.

These provisions do not apply to a street which is dedicated to the public.

d.

These additional design standards exist for all structural improvements and new construction within a commercial (C-2, C-3, C-4, C-5) zoning district.

1.

All facades visible from adjoining properties or public streets (excluding improved or unimproved alleys) shall include pleasing scale features of the building and encourage community integration by featuring characteristics similar to a front facade.

2.

Facades greater than 100 feet in length shall incorporate recesses and projections a minimum of four feet in depth and minimum of 20 contiguous feet within each 100 feet of facade length. Windows, awnings, entry areas, and arcades shall total a minimum of 40 percent of the facade length facing a public street.

3.

Building facades shall include a repeating pattern that shall include no less than three of the following elements: color change, texture change, material module change, or expression of architectural or structural bay through a change in plane no less than 12 inches in width, such as an offset, reveal, or projecting rib. At least one of these elements shall repeat horizontally. All elements shall repeat at intervals of not to exceed 30 feet, either horizontally or vertically.

4.

Roof lines shall provide variations to reduce the massive scale of these structures and to add visual interest to any building equaling or exceeding 100 linear feet. Roof lines shall have a change in height every 100 linear feet in the building length. Parapets, mansard roofs, gable roofs, hip roofs, or dormers shall be used to conceal flat roofs and rooftop mechanical equipment from public view (for buildings equal to or exceeding 100 linear feet). Alternating lengths and designs may be acceptable and can be addressed during the development plan review.

5.

Predominant exterior building materials shall be of high quality. These include brick, wood, limestone, other natural and manufactured stone, and tinted and textured concrete masonry units, which are all exterior building materials allowed within the C-2, C-3, C-5 zoning districts. Smooth-faced concrete block, and non-architectural finished tilt-up concrete panels, or non-architectural finished prefabricated steel panels are prohibited as exterior building materials in all commercial zoning districts. All questionable exterior building material is subject to plan commission approval or review, if requested by the developer, contractor, or planning commission staff.

6.

Furthermore, the C-4 zoning district designation restricts exterior building material to permit only brick, limestone, or natural stone materials.

7.

The use of high-intensity colors, metallic colors, black or fluorescent colors is prohibited.

8.

Each principal building or tenant space shall have a clearly defined, highly visible customer entrance with a minimum of three of the following features: canopies, porticos, overhangs, recesses/projections, arcades, raised cornice parapets over the door, peaked roof forms, arches outdoor patios, display windows, architectural details such as tile work and moldings which are integrated into the building structure and design, integral planters or wing walls that incorporate landscaped areas and/or places for sitting.

(Ord. No. 2008-01-04, § 3, 2-4-2008)

State Law reference— Development plans, IC 36-7-4-1400 et seq.

13.7.1.

Purpose. It is the purpose of this ordinance to regulate sexually oriented businesses in order to promote the safety and general welfare of the citizens of the City of Warsaw. It will establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the city. The provisions of this ordinance have neither the purpose nor effect of imposing a restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intention nor the effect of this ordinance to restrict or to deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributor and exhibitors of sexually oriented entertainment of their intended market. Neither is it the intent or effect of this ordinance to condone or legitimize the distribution of obscene material.

13.7.2.

Findings. To better serve the City of Warsaw, the building and planning department commissioned an analysis to assess the impact of the secondary effects of sexually oriented businesses. Summaries of the following studies were considered and presented to the Warsaw City Council:

a.

Land Use Study: Phoenix, Arizona, dated May 25, 1979;

b.

Land Use Study: Tucson, Arizona, dated May 1, 1990;

c.

Land Use Study: Garden Grove, California, dated September 12, 1991;

d.

Land Use Study: Los Angeles, California, dated June, 1977;

e.

Land Use Study: Whittier, California, dated January 9, 1978;

f.

Land Use Study: Adams Co., California, dated April, 1988;

g.

Land Use Study: Manatee Co., Florida, dated June, 1987;

h.

Land Use Study: Indianapolis, Indiana, dated February, 1984;

i.

Land Use Study: Minneapolis, Minnesota, dated October, 1980;

j.

Land Use Study: St. Paul, Minnesota, dated April, 1988 (supplemental to 1987 study);

k.

Land Use Study: Las Vegas, Nevada, dated March 15, 1978;

l.

Land Use Study: Ellicottville, New York, dated January, 1998;

m.

Land Use Study: Islip, New York, dated September 23, 1980;

n.

Land Use Study: New York, New York, dated November, 1994;

o.

Land Use Study: Times Square, New York, New York, dated April, 1994;

p.

Land Use Study: New Hanover Co., North Carolina, dated July, 1989;

q.

Land Use Study: Cleveland, Ohio, dated August 24, 1977;

r.

Land Use Study: Oklahoma City, Oklahoma, dated March 3, 1986;

s.

Land Use Study: Oklahoma City, Oklahoma II, dated June, 1992;

t.

Land Use Study: Amarillo, Texas, dated September 12, 1977;

u.

Land Use Study: Austin, Texas, dated May 19, 1986;

v.

Land Use Study: Beaumont, Texas, dated September 14, 1982;

w.

Land Use Study: Cleburne, Texas, dated October 27, 1997;

x.

Land Use Study: Dallas, Texas, dated April 29, 1997;

y.

Land Use Study: El Paso, Texas, dated September 26, 1986;

z.

Land Use Study: Houston, Texas, dated November 3, 1983;

aa.

Land Use Study: Houston, Texas II, dated January 7, 1997;

bb.

Land Use Study: Newport News, Virginia, dated March, 1996;

cc.

Land Use Study: Bellevue, Washington, dated February, 1988;

dd.

Land Use Study: Des Moines, Washington, dated August, 1984;

ee.

Land Use Study: Seattle, Washington, dated March 24, 1989;

ff.

Land Use Study: St. Croix Co., Wisconsin, dated September, 1993;

The following were also considered in their entirety:

a.

Survey of Texas Appraisers, Secondary Effects of Sexually-Oriented Businesses on Market Values and Crime-Related Secondary Effects, Secondary Effects of "Off-Site" Sexually-Oriented Businesses;

b.

United States v. O'Brien, 391 U.S. 367 (1968);

c.

Young v. American Mini Theatres, 427 U.S. 50 (1976);

d.

Consolidated Edison Co. v. Public Serv. Comm'n of NY, 447 U.S. 530 (1980);

e.

Basiardanes v. City of Galveston, 514 F. Supp. 975 (S.D. Tex. 1981);

f.

Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986);

g.

Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002);

h.

BBL, Inc. v. City of Angola, 809 F.3d 317, 329 (7th Cir. 2015);

Based on building and planning department's report it is determined that:

a.

There is currently a very limited mechanism used for the regulation of sexually oriented businesses in the City of Warsaw.

b.

The two most common types of secondary effects relate to crime and real estate.

c.

In Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), the Supreme Court determined that government can prohibit the time, manner and place of sexually oriented businesses as long as it serves a legitimate government interest.

d.

There is a significant increase in criminal activity (specifically sex crimes) in the immediate vicinity of a sexually oriented business.

e.

Property values decline in areas surrounding a sexually oriented business.

f.

Negative impacts of sexually oriented businesses end between 1,000 and 1,500 feet.

g.

Licensing sexually oriented businesses and employees of sexually oriented businesses can help ensure legitimate business operations and promote the safety of both employees and patrons.

h.

Counteracting criminal activity and mitigating diminishing property values serve as a vital government interest.

13.7.3.

Classification.

a.

Adult arcade;

b.

Adult bookstore, adult novelty store or adult video store;

c.

Adult cabaret;

d.

Adult hotel/motel;

e.

Adult motion picture theatre;

f.

Adult theatre;

g.

Nude/semi-nude model studio;

h.

Sexual encounter center.

13.7.4.

Definitions.

Adult arcade means any place to which the public is permitted or invited where coin operated, slug operated or electronically/electrically/mechanically controlled devices are maintained to show images to five or fewer persons per machine at any one time, and where the images displayed are distinguished or characterized by depicting or describing "specified anatomical areas" or "specified sexual activities".

Adult bookstore, adult novelty store or adult video store means a commercial establishment that has 25 percent or more of its stock-in trade, and/or as one of its principal business purposes, offers for sale or rent, for any form of consideration any one or more of the following:

a.

Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, videocassettes, compact discs, slides or other visual representation which depicts or describes "specified anatomical areas" or "specified sexual activities."

b.

Instruments, devices or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.

Adult cabaret means a nightclub, bar, restaurant or similar commercial establishment which regularly features:

a.

Persons who appear in a state of nudity/semi-nudity; or

b.

Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

c.

Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified anatomical areas" or "specified sexual activities".

Adult hotel/motel means a hotel, motel or similar establishment which:

a.

Offers a sleeping room for rent for a period of time less than eight hours; or

b.

Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time less than eight hours.

Adult motion picture theatre means a commercial establishment where films, motion pictures, videocassettes, slides or similar photographic reproductions which are characterized by their emphasis upon the exhibition or description of "specified anatomical areas" or "specified sexual activities" are regularly shown for any form of consideration.

Adult theatre means a theatre, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a "state of nudity/semi-nudity" or live performances which are characterized by the emphasis of the exposure of "specified anatomical areas" or "specified sexual activities".

Employ, employee or employment means any person who performs any service on the premises of a sexually oriented business, on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise. The term "employee" does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.

Establish or establishment means any of the following:

a.

The opening or commencement of any sexually oriented business as a new business;

b.

The conversion of any existing business, whether or not a sexually oriented business, to any sexually oriented business;

c.

The additions of any sexually oriented business to any other existing sexually oriented business;

d.

The relocation of any sexually oriented business.

Licensee means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for a sexually oriented business license. In case of an employee, the term "licensee" means a person in whose name the sexually oriented business employee license has been issued.

Nude, nudity/state of nudity means the appearance of the human (male or female) genitals, pubic area, anal cleft or the showing of the female breast with less than a fully opaque covering of any part of the areola.

Nude model studio means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons who pay money or any form of consideration.

Semi-nude, semi-nudity/state of semi-nudity means a state of dress in which opaque clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

Semi-nude model studio means any place where a person who appears in a state of semi-nudity is provided to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons who pay money or any form of consideration.

Sexual encounter center means a business or commercial enterprise that as one of its primary business purposes, offers for any form of consideration a place where two or more persons may congregate, associate or consort for the purpose of "specified sexual activities" or when one or more of the persons is nude/semi-nude.

Sexually oriented business (SOB) means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult hotel/motel, adult motion picture theatre, adult theatre, nude/semi-nude model studio or sexual encounter center. No business shall be classified as a sexually oriented business by virtue of showing, selling or renting materials rated "NC-17" or "R" by the Motion Picture Association of America.

Sexually oriented entertainment activity means the sale, rental or exhibition for any form of consideration, of books, films, videocassettes, magazines, periodicals or live performances which are characterized by an emphasis on the exposure of "specified anatomical areas" or display of "specified sexual activities".

Specified anatomical areas means human genitals, anal cleft, anus or the female breast.

Specified sexual activities means and includes any of the following:

a.

The fondling or other erotic touching of human genitals, pubic region, anal cleft, anus or female breasts;

b.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

c.

Masturbation, actual or simulated; or

d.

Excretory functions as a part of or in connection with any of the activities set forth in subsections a. through c. above.

Substantial enlargement means the increase in floor area occupied by a business by more than 25 percent.

Viewing room means the room, booth or area where a patron of a sexually oriented business would ordinarily be positioned while watching a film, videocassette or other video reproduction.

13.7.5.

Location of sexually oriented businesses.

13.7.5.1.

General.

a.

The City of Warsaw zoning ordinance is hereby amended by creating an additional use, by special exception, to include the following commercial zoning districts: C-3, C-5, I-2 and I-3.

b.

All sexually oriented businesses shall be located within a designated commercial or industrial district unless special exception is obtained from the city board of zoning appeals.

c.

A person shall not cause or permit to be operated, a sexually oriented business within 1,000 feet of:

1.

A church or other place of worship;

2.

A public or private school and/or youth service organization;

3.

A boundary of any residentially zoned district or any residential usage within a commercially/industrially zoned district whether single-family, two-family or multifamily usage;

4.

A public park;

5.

A daycare;

6.

Technology Park.

Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest property line/boundary of a sexually oriented business, to the nearest property line/boundary of the premises of a church or other place of worship, public or private school, a residentially zoned district, an affected public park or daycare.

d.

A person may not permit the operational establishment or substantial enlargement of a sexually oriented business within 1,000 feet of another sexually oriented business. The distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest property line/boundary of the premises in which each business is located.

e.

A person may not cause or permit the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof (i.e., strip mall shopping center or other multi-unit commercial center, etc.) or the increase of floor areas of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.

f.

Any sexually oriented business lawfully operating on August 1, 2017 that is in violation of subsections a. through e. above shall be deemed a nonconforming use. Such nonconforming uses shall not be increased, enlarged, extended or altered unless permitted by the city board of zoning appeals. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business is considered nonconforming.

13.7.5.2.

Exemptions. It is a defense to prosecution if a person appearing in a state of nudity did so in a modeling class operated:

a.

By a school (licensed by the State of Indiana), a college, a junior college or a university supported entirely or partly by taxation;

b.

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, a junior college or a university supported entirely or partly by taxation; or

c.

In a structure:

1.

Which does not have a sign visible from the exterior of the structure and no other advertisement that indicates a nude person is available for viewing; and

2.

Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and

3.

Where no more than one nude model is on the premises at any one time.

13.7.5.3.

Injunction. A person who operates or causes to be operated a sexually oriented business in a zoning district other than C-3, C-5, I-2 and I-3, and without special exception by the board of zoning appeals, is in violation of this ordinance. Such violations shall be punishable by a fine determined by the Warsaw City Council.

13.7.6.

Hours of operation. No sexually oriented business shall open before 11:00 a.m. or remain open after 12:01 a.m. the following day. If a sexually oriented business obtains a license to sell alcoholic beverages from the state, it may remain open to sell alcoholic beverages under the terms of that license, but may not conduct sexually oriented entertainment activity after 12:01 a.m.

13.7.7.

Monitoring exterior spaces. It shall be the duty of the proprietor to enforce a no loitering policy within the external boundaries of the real property where the sexually oriented business is located. The proprietor will post conspicuous signs stating the policy on the property.

The proprietor will ensure proper lighting exists on the exterior premises for visual inspection and/or video monitoring to prohibit loitering.

The proprietor will designate at least one employee to monitor the activities of persons on such a property by visually inspecting the property at least once every 90 minutes. If a business chooses to monitor the property by use of video cameras and monitors, they must be operated at all times the premises is open.

13.7.8.

Additional regulations.

13.7.8.1.

Exhibition of sexually explicit films or videos. A person operating a sexually oriented business which exhibits on the premises, in a viewing room(s), a film, videocassette, DVD, Blu-ray or other video reproduction characterized with an emphasis on the display of "specified sexual activities" or "specified anatomical areas" shall comply with the following:

a.

Applications for a sexually oriented business license shall include a diagram of the premises showing the location of all viewing rooms, overhead lighting fixtures, video cameras and monitors installed for monitoring purposes and restrooms. It will designate all portions of the premises in which patrons are not permitted. Diagrams should be oriented to the north and drawn to scale with marked dimensions sufficient to show the various internal dimensions of all areas with an accuracy of plus/minus six inches.

b.

The proprietor and any employees must ensure that no patron is allowed access to areas designated as restricted in the diagram described above.

c.

The interior premises is required to be equipped with overhead light fixtures of sufficient intensity to illuminate the entirety of the establishment with the exception of areas where patrons are not permitted. The proprietor and any employees on duty are required to maintain said illumination whenever the premises are open for business.

d.

The proprietor and any employees on duty must ensure that no "specified sexual activities" occur on the premises at any time, that no more than one person is present in a viewing room at any time and no person enters an occupied viewing room, that no door, curtain or other material obstruct an employee's view into a viewing room, that no openings of any kind exist between viewing rooms, that no person attempts to make an opening between viewing rooms and anyone caught making/attempting to make an opening between viewing rooms will immediately be escorted from the premises. Walls should be inspected daily to ensure there are no openings between viewing rooms. If an opening is discovered, the viewing rooms must be secured and entry by patrons prohibited until such a time that the opening has been repaired to a sufficient structural standard that emulates the original construction.

e.

The proprietor should ensure that flooring in viewing rooms is easily cleanable with no rugs or carpeting and that all wall and seating surfaces are constructed of an easily cleanable nonporous material.

f.

The proprietor must ensure that the premises are sanitary and shall document and maintain a regular cleaning schedule (including floors, walls, doors, seating and restrooms) of at least two cleanings per day. During these cleanings, an employee must check all areas for garbage and bodily fluids. Garbage must be removed at least twice weekly and disposed of in a receptacle that is secured from animals and members of the public prior to collection.

13.7.8.2.

Live public nudity. No patron, employee or any other person, while in a sexually oriented business shall appear in a state of nudity. An employee in a sexually oriented business may appear in a state of semi-nudity as long as the employee is at least six feet away from a patron or customer and is on a stage elevated at least two feet from the floor. No employee, while appearing in a state of semi-nudity, may knowingly touch a customer; no customer may knowingly touch an employee who appears in a state of semi-nudity.

13.7.8.3.

Posted rules. The following must be posted in a conspicuous manner in the interior of a sexually oriented business:

a.

Employees are not to intentionally touch a customer/patron while in a state of semi-nudity.

b.

Customers/patrons are not to intentionally touch an employee in a state of semi-nudity.

c.

Sexual activity of any kind is not permitted.

d.

Possession, use or sale of controlled substances is not permitted.

e.

Promotion of prostitution is not permitted.

13.7.8.4.

Local, state and federal rules and guidelines. This ordinance shall not have any effect on any other rules or guidelines established by any other authority other than the previous ordinance governing sexually oriented businesses of the City of Warsaw. Sexually oriented businesses should remain compliant with any other local, state or federal rules or guidelines affecting their operation; specifically, IC 35-49-1-4, IC 35-49-3-3 and IC 35-49-3-4.

13.7.9.

Licensing.

13.7.9.1.

General. In order to operate a sexually oriented business, the proprietor is required to obtain a sexually oriented business license. Additionally, any employees, as defined above, must obtain a sexually oriented business employee license in their individual capacity.

Applicants must file their application with the Warsaw Police Department. In order for an application to be considered complete, it must be signed (by each qualified applicant), notarized, and contain the following:

a.

The applicant's full legal name and any aliases used.

b.

The applicant's current mailing address.

c.

A copy of a government issued picture identification document (i.e.: passport, state ID card, driver's license).

d.

For a business license, the application must contain the business name, location, legal description, parcel number, mailing address and phone number of the proposed sexually oriented business.

Applications for a sexually oriented business license must be accompanied by a diagram showing the configuration of the premises. Diagrams should be oriented to the north and drawn to scale with marked dimensions sufficient to show the various internal dimensions of all areas with an accuracy of plus/minus six inches, and they should comply with all requirements of section 13.7.8.1, subsection a.

13.7.9.2.

Issuance. Upon completion and filing of an application for a sexually oriented business license, the Warsaw Police Department will process the application and will issue a license or a denial letter within 30 days. The application will be approved unless one or more is found to be true:

a.

An applicant is less than 18 years of age.

b.

An applicant failed to provide complete and/or accurate information.

c.

The fee associated with the application has not been paid.

d.

The proposed location of the sexually oriented business is not in compliance with the zoning requirements of this ordinance.

Upon completion and filing of an application for a sexually oriented business employee license, the Warsaw Police Department will process the application and will issue a license or a denial letter within 30 days. The application will be approved unless one or more is found to be true:

a.

The applicant is less than 18 years of age.

b.

The applicant failed to provide complete and/or accurate information.

c.

The fee associated with the application has not been paid.

d.

The applicant has committed a serious violation of this ordinance in the last 365 days.

If granted a sexually oriented business license, businesses must post the license conspicuously in a prominent place in the sexually oriented business. Businesses must also maintain proper employment records to ensure all employees have been granted the necessary sexually oriented business employee license.

13.7.9.3.

Fees. Initial licensing and annual renewal fees for a sexually oriented business license or a sexually oriented business employee license shall be determined by the Warsaw City Council at an amount determined to be sufficient to pay the cost of administering this ordinance.

13.7.9.4.

Expiration. Licenses will remain valid for a period of two years from the date of issuance unless suspended or revoked. Licenses may be renewed by completing an application and paying the required fee as outlined in sections 13.7.9.2 and 13.7.9.3. In order to prevent a lapse period, applications for renewal should be completed at least 30 days before the expiration date of the first license.

13.7.9.5.

Transfer. A license may not be transferred from one person to another. Further, a sexually oriented business may not operate under the authority of a license at any other location other than the address designated on the license application.

13.7.9.6.

Suspension. The City of Warsaw shall issue a written letter of intent to suspend a sexually oriented business license or a sexually oriented business employee license for a period not exceeding 30 days if it is determined that the holder of the sexually oriented business license or a sexually oriented business employee license (licensee) has knowingly violated the terms of this ordinance.

13.7.9.7.

Revocation. The City of Warsaw will issue a written letter of intent to revoke a sexually oriented business license or a sexually oriented business employee license if a suspension occurs and the license has already been suspended within the preceding 12 months.

The City of Warsaw will issue a written letter of intent to revoke a sexually oriented business license or a sexually oriented business employee license if the sexually oriented business/employee licensee:

a.

Has knowingly falsified an application for a sexually oriented business license or a sexually oriented business employee license;

b.

Has knowingly permitted the sale or use of controlled substances on the premises;

c.

Has knowingly permitted prostitution on the premises;

d.

Has knowingly permitted "specified sexual activity" to occur on the premises;

e.

Has knowingly operated the sexually oriented business during a period of time the license was suspended.

After the notice and hearing procedure described below in section 13.7.9.8, a hearing officer revokes the license. The revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license or a sexually oriented business employee license for one year from the revocation effective date. If the conditions to reinstate the license are met, a provisional license may be granted. However, licensees may appeal for a provisional license only if at least 90 days have elapsed since the revocation effective date.

13.7.9.8.

Hearing; denial, suspension and revocation; appeal. Any sexually oriented business can be closed or sexually oriented business license or sexually oriented business employee license denied, suspended or revoked by the city building department and/or police department:

a.

Upon notification by the police department of a denial or revocation of a license, the applicant or licensee may, within ten days, request a hearing by written notice to the police department. During those ten days, a current licensed sexually oriented business may remain open. If no hearing is requested, the sexually oriented business license/sexually oriented business employee license will stand denied or revoked.

b.

When a hearing is set by the police department, the applicant or licensee shall receive, with not less than 20 days' notice, a notice of the charges made, as well as the time and place where the hearing will be held. A current licensed sexually oriented business may remain open until notified of the hearing results or 30 days, whichever is less.

c.

At a hearing conducted pursuant to this section, the applicant or licensee shall have the right to be represented by counsel, to present witnesses, to testify and cross examine any other witnesses and to subpoena witnesses. Proceedings shall be conducted under oath.

d.

The hearing officer for the city shall preside at the hearing and shall make the final determination.

e.

If any decision adverse to the applicant or licensee is made by the hearing officer after a hearing as provided above, the hearing officer shall provide the applicant or licensee with a written reason for such decision, as well as a notice of the applicant's or licensee's rights to appeal to the courts of the State of Indiana.

13.7.10.

Enforcement. A person who knowingly violates, neglects or otherwise refuses to comply with any section of this ordinance is guilty of an offense. In order to properly enforce this ordinance, sexually oriented business operators and employees will permit officers and/or other agents of the city to inspect portions of a sexually oriented business' premises where patrons are permitted in order to ensure compliance with this ordinance at any time the business is occupied by patrons and open for business. This section does not apply to areas of an adult hotel/motel currently being rented. The city attorney is authorized to initiate criminal or civil proceedings if necessary to enforce and encourage compliance with this ordinance. Any proceedings, including injunction, shall be brought in the name of the city.

13.7.11.

Severability. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby.

(Ord. No. 99-8-6, § 3(13.7.3), 8-18-1999; Ord. No. 2017-10-04, § 3, 10-16-2017)

Cross reference— Businesses, ch. 18.

13.8.1.

Purpose. The purpose of this section of this ordinance is to protect designated wetlands as a natural resource.

13.8.2.

Applicability. This section shall apply to all lands in or within 25 feet of a wetland located within the jurisdiction of the City of Warsaw.

13.8.3.

Designation of wetlands. Areas shown on the Official Wetlands Inventory Map, published by the U.S. Fish and Wildlife Service, as being wetlands are presumed to be wetlands consistent with the definitions thereof. Wetlands not shown on the official wetlands map are presumed to exist and are hereby designated as such and are protected under all of the terms and provisions of this section.

13.8.4.

Certification of no adverse impact. Persons applying for subdivision or planned unit development approval or for a building permit must certify that the proposed subdivision, planned unit development or structure or use for which a building permit is being sought, is in full compliance with all federal and state laws protecting wetlands. Any action within a wetland, such as, but not limited to, grading, dredging, draining and filling may require a permit from the Indiana Department of Natural Resources, the Indiana Department of Environmental Management or the U.S. Army Corps of Engineers, or other state or federal agency. It is hereby deemed the responsibility of the applicant to obtain the necessary permits or to obtain certification from the appropriate state and federal agencies that said permits are not applicable.

The following requirements shall be fulfilled in all mobile home/manufactured home communities and subdivisions as defined in this ordinance:

13.9.1.

Procedure. An applicant for a mobile home/manufactured home community approval shall prepare a development plan according to the requirements of this ordinance.

13.9.2.

Development standards. The mobile home/manufactured home community and subdivision shall meet the following minimum development standards:

a.

The tract to be developed shall contain a minimum of five acres exclusive of all existing or proposed road rights-of-way.

b.

Individual unit lot area and dimensions [are as follows]:

1.

Minimum lot width shall be 35 feet, measured perpendicular to the side lot line, and shall be in compliance with all other setbacks and distance between units.

2.

Minimum lot size shall be 3,500 square feet with two parking spaces provided on each lot. One additional parking space per each four lots shall be provided by the developer in addition to the above requirements. Maximum lot coverage shall be 75 percent.

c.

Location of manufactured home on [a] lot shall be as follows:

1.

The minimum front yard from home to front lot line shall be 20 feet.

2.

Minimum side yard shall be four feet, and comply with the required separation between individual units.

3.

Minimum rear yard shall be eight feet.

4.

Minimum distance between individual units shall be 20 feet; minimum distance between any additions to or projections of a unit and the next adjacent unit shall be ten feet. In the event the complete unit is in excess of 14 feet in width, the minimum distance between manufactured homes shall be ten feet. In any event the aggregate total of side yards shall not be less than ten feet.

d.

Provision must be made, in every manufactured home park, for a road in front of every lot. The road surface shall be of the all-weather type with a traffic surface of not less than 30 feet in width, properly crowned and graded, with concrete curb and gutter. Signage shall be provided limiting on-street parking to one side of the street only. All roads within the park must be accessible for traffic at all times and shall be maintained to meet the original construction specification. Private roads in any mobile home/manufactured home community will not be accepted into the city road system; therefore, the operator shall provide for their maintenance according to the development plan procedures contained in this ordinance.

e.

Sidewalks of a 30-inch minimum width shall be provided by the developer; said sidewalks shall serve each lot and mobile home/manufactured home.

f.

Street lighting shall be provided by the developer. The light value on all occupied streets shall be a minimum of two foot candle.

13.9.3.

Water supply. Water supply shall be from a municipal water service or from approved and protected driven wells that meet all test requirements, provided with tight, elevated concrete platforms and which will not be subject to overflow or surface drainage. The source and supply of the water for human consumption must meet all the requirements of the Kosciusko County and state boards of health. The use of open wells, springs, cisterns or open storage tanks for human consumption is unlawful and shall constitute a violation of the terms of this ordinance.

13.9.4.

Waste and garbage disposal. Mobile home/manufactured home communities must be kept in clean and sanitary condition and provided with suitable covered metal receptacles for garbage, waste, litter, and trash. Receptacles must be emptied once a week and the contents of same must be disposed of immediately by approved means of a regular collection by a garbage disposal service. Liquid wastes shall be collected by a sewage system which has a trapped outlet available to each lot or unit plot and which shall discharge into an approved sewage disposal system.

13.9.5.

Sewage treatment and sewage disposal. Treatment of all sewage shall be through a municipal sanitary sewage system.

13.9.6.

Registration requirements for owners and operators. Every person proposing the expansion of an existing or creating a new manufactured home park shall apply to the plan commission for an improvement location permit and shall furnish such relevant information, plans and specifications as will enable the aforesaid board to pass on the eligibility of such manufactured home park.

13.9.7.

Common open space requirement and perimeter requirement. Ten percent of the total area of a park, exclusive of landscape buffer yards and road rights-of-way shall be dedicated for permanent common open space. Manufactured home communities shall be surrounded by landscape buffer type C on Table 7 adjoining all perimeter property lines. A dedicated playground area shall be provided at a ratio of 50 square feet per housing unit within the common open space.

13.9.8.

Fire lane access review and approval. The planning director shall review the development plan for requirements for fire lanes and shall require such to meet equivalent standards for public roadways.