Washington City Zoning Code

GENERAL USES

AND REQUIREMENTS.

§ 155.035 USE.

No building or land shall be used and no building shall be erected, reconstructed or structurally altered, which is arranged, intended or designed to be used for any purpose other than a use which is permitted and specified in a district in which the building or land is located.

(Prior Code, § 156.12) (Am. Ord. 8-86, passed 7-14-1986) Penalty, see § 155.999

§ 155.036 HEIGHT.

No building shall be erected, reconstructed or structurally altered to exceed in height the limits established and specified for the use and the district in which the building is located.

(Prior Code, § 156.13) (Am. Ord. 8-86, passed 7-14-1986) Penalty, see § 155.999

§ 155.037 YARD AND LOT AREA; SIZE OF BUILDING.

(A) No building shall be erected, reconstructed or structurally altered in any manner which will encroach upon, or reduce in any manner, the yards, lot area per family, ground floor area of residential buildings or lot coverage regulations, established and specified for the use and the district in which the building is located.

(B) In residential zoning district where at least 25% of the lots in a block are occupied by existing residential structures, the minimum depth of a front yard shall not be any less than the average of the depths of the front yards of the existing residential front yard.

(Prior Code, § 156.14) (Am. Ord. 8-86, passed 7-14-1986; Am. Ord. 20-2004, passed 10-11-2004) Penalty, see § 155.999

§ 155.038 LOTS.

(A) Every building hereafter erected shall be located on a lot which fronts on a street.

(B) The purpose of this section is to insure, among other things, that residences and commercial buildings be erected on property having adequate street frontage. From and after the date of passage of this section, residences and commercial structures shall not be erected on lots fronting on alleys. It is not the intent or purpose of this section to prohibit the construction of accessory structures such as garages on lots fronting on alleys provided the person or entity desiring to construct the garage or other accessory structure first obtains the necessary building permit.

(Ord. 1-2001, passed 2-26-2001)

(Prior Code, § 156.15) (Am. Ord. 8-86, passed 7-14-1986; Am. Ord. 1-2001, passed 2-26-2001) Penalty, see § 155.999

§ 155.039 VEHICLE PARKING SPACE; LOADING AND UNLOADING BERTHS.

(A) Every building hereafter erected shall provide off-street parking spaces for motor vehicles and loading and unloading berths as specified hereinafter for the use to which the building is to be devoted.

(B) All required spaces for residential structures shall be located on the same parcel with the residential use.

(C) Parking spaces for commercial, industrial or institutional uses shall be located within 300 feet from the principal use. Parking spaces for apartments, dormitories or similar residential uses shall be located within 300 feet from their principal use.

(D) All parking spaces must be a least 9 feet wide. Ninety degree, 60-degree and 45-degree lots must be 20 feet long; parallel parking spaces must be 23 feet long.

(E) Two or more non-residential uses may jointly provide and use parking spaces when their hours of operation do not overlap, and provided that a written agreement is filed with the Plan Commission. When 2 or more uses are located within the same building, off-street parking spaces shall equal the sum of the separate requirements for each use.

(F) All required off street parking shall be paved with bituminous, concrete or other all-weather, dust proof surfacing and shall be provided with bumper guards or barrier curbs where needed.

(G) Every commercial, industrial or public use requiring off-street loading shall provide berths. Off-street loading berths shall not be located in a public right-of-way or in a required front yard. Loading berths shall be at least 12 feet wide and 50 feet long.

(H) Development Standards.

Use	Off-Street Spaces Required
Dwellings	2 for each single-family dwelling;
	3 for each two-family dwelling;
	1½ for each residence unit in a structure containing more than 2 units
Churches	1 for each 4 seats in main area
Clubs	1 for every 200 square feet of floor area
Schools:
Elementary	2 per classroom plus an off-street passenger loading zone;
Junior High	10 per classroom
High School
Hospitals and Clinics	1 for each doctor; plus 1 for each 3 regular employees; plus 1 for each 200 square feet of gross floor area; plus an off-street passenger or patient unloading area
Public Utilities and Other Service Facilities	1 for each 500 square feet of gross floor area; or 2 for each 3 regular employees, whichever is greater
Dormitories	1 off-street parking space per bed or one off-street parking space per 120 square feet of floor area; if the dormitory has individual enclosed rooms with 1 or 2 beds, furniture, and its open bathroom facilities must provide 1 parking spot per enclosed room; a parking spot must also be provided for each employee
Fraternities & Sororities	1 for every 2 members
Private Nurseries, Day Care Schools, Kindergartens, and Children Homes	1 for each regular employee plus an off-street passenger loading area
Convalescent Homes And Nursing Homes	1 for each 4 beds plus a passenger loading area
Professional Offices	1 for each 250 square feet gross floor area
Retail Business	1 for every 250 square feet of gross floor area

Use	Off-Street Spaces Required
Libraries, Museums And Art Galleries	1 for each 400 square feet
Dining Rooms, Restaurants, Taverns And Night Clubs	1 for each 200 square feet
Hotels	1 for every guest room 1 per employee on largest shift
Bowling Alleys	6 for each alley
Industrial Uses:	1 for every 600 square feet of gross floor area;
(a) Permitted Use	1 for every 2 employees on the largest shift whichever requires the greater number of spaces;
(b) Special Uses	Special uses will be determined by the Board of Zoning Appeals according to use but in no case shall the required parking be less than for permitted uses.
Combination of Uses On the Same Parcel	The sum total of the number required for each use as each determined according to the requirements set out in the zoning ordinance.

(Prior Code, § 156.16) (Am. Ord. 19-2018, passed 11-13-2018)

§ 155.040 CONDITIONAL USES; PROCEDURE.

(A) Uses permitted. The conditional uses listed in Table 1, Official Schedule of uses and their accessory buildings and uses may be permitted by the Board in the districts indicated in accordance with the procedures set forth in this section. All permitted conditional uses shall meet the development standards in the zoning district that it is located (See Table 2), and the general development standards of this chapter.

(B) Procedure. Upon receipt of an application for a conditional use by the Board of Zoning Appeals, the Board may, after public notice and hearing according to law, grant the application, including the imposition of conditions of use, which the Board deems essential to insure that the conditional use is consistent with the spirit, purpose and intent of this chapter and will not substantially injure the appropriate use of the neighboring property and will substantially serve the public convenience and welfare.

(Ord. 7-2000, passed 5-8-2000)

(C) Permit required. A home occupation requires a conditional use permit as listed in Table 1 and as defined in Section § 155.007.

(Prior Code, § 156.17)

§ 155.041 NONCONFORMING USE SPECIFICATIONS.

The lawful use of a building or premises, existing at the time of passage of this chapter [July 14, 1986], may be continued although the use does not conform to all the provisions of this chapter, except as hereinafter provided:

(A) A nonconforming use may be extended or continued throughout a building or premises. Structural alterations, extensions or additions may be made, but only after obtaining a permit from the Building Commissioner, who may grant it, provided the proposed change does not exceed 25% of the value of the existing structure, and the proposed change is not objectionable to the spirit of the zoning code. He or she shall refuse the permits if a proposed structural addition, extension or alteration to an existing nonconforming legal use exceeds 25% of the value of the structure, or if under 25% and no permit is granted by the Building Commissioner, then an application for a variance must be made with the Board, which may be granted by the Board if special reason is found to justify the variance and granting it would not materially harm any other person or property.

(B) A nonconforming use may be changed to another nonconforming use of the same or greater restrictions, provided no structural changes are made in the building, unless conforming with division (A) above. Whenever a nonconforming use has been changed to conforming use or a use permitted in a district of greater restrictions, it shall not thereafter be changed to a nonconforming use of less restricted one.

(C) No building shall be erected upon any premise devoted to a nonconforming use, except in conformance with regulations of this chapter.

(D) The Board may authorize, by written permit, in a residentially-zoned district for a period of not more than 1 year from the date of the permit, a temporary building for commercial or industrial use incidental to the residential construction and development of the district.

(E) Nothing herein contained shall require any changes in the plans, construction or designated use of a building for which a building permit has been heretofore issued, and the construction of which has been diligently prosecuted within 90 days of the date of the permit, and which entire building shall be completed according to the plans filed within 3 years from the date of passage of this chapter [July 14, 1986].

(F) In the event that a nonconforming use of any building or premises is discontinued for a period of 1 year, the use of the same shall thereafter conform to the use permitted in the district in which it is located.

(G) Any nonconforming open use of land shall be discontinued within 5 years from the date of passage of this chapter [July 14, 1986].

(H) These provisions apply in the same manner to a use which may become a nonconforming use due to a later amendment to this chapter.

(Prior Code, § 156.18) (Am. Ord. 8-86, passed 7-14-1986) Penalty, see § 155.999

§ 155.042 TEMPORARY USES OF LAND OR STRUCTURES.

(A) Temporary structures and buildings incidental to construction work are permitted, but must be removed upon completion of the construction. Permits may be issued for temporary structures or land uses such as carnivals, revival meetings, seasonal sales or emergencies, upon review by the Plan Commission. Temporary structures and uses must:

(1) Terminate at a specific time;

(2) Not cause traffic problems;

(3) Provide adequate parking within 300 feet of the proposed site;

(4) Direct outdoor lighting away from adjoining residential areas; and

(5) Not affect neighboring uses.

(B) Fences, hedges, driveways, curbs, retaining walls, mail boxes, lamp posts, bird baths and benches are permitted in any lot, provided they do not violate any requirements of this chapter.

(Prior Code, § 156.19)

§ 155.043 ACCESSORY USES AND STRUCTURES.

(A) No accessory building shall be erected in any front or corner side yard setback for main structures, and no separate accessory building shall be erected within 10 feet of any other building. No single accessory building shall be located closer than 3 feet to a lot line. Accessory buildings in a residential district shall be a maximum of 1,200 square feet, 10 feet exterior side walls, 18 feet at the peak.

(B) Migrant housing is permitted as an accessory use to agricultural operations provided that the housing: is not occupied more than 6 months in every year; conforms to all requirements; and is located at least 200 feet from a residential lot or district boundary line.

(C) Outdoor private swimming pools of depth 18 inches or greater shall be permitted as accessory structures and must be surrounded by a wall or fence at least 5 feet high with lockable latches on gates or a rigid cover when not in use in lieu of fence with a locking latch.

(D) Agricultural accessory building. Accessory structures that have been deemed agricultural-related based on the definition in § 155.006 by the Building Commissioner shall be restrictive to the respective A-1 zoning within the jurisdiction of the City Zoning Code. An exemption shall be given if the provided criteria are met:

(1) Five acres in singular or contiguous parcels;

(2) Three thousand square feet;

(3) Eighteen-foot sidewall;

(4) Thirty-foot peak;

(5) Minimum of 100 feet from any property line with all other respective A-1 setbacks met;

(6) Primary structure not necessary for agricultural related accessory structure.

(Prior Code, § 156.20) (Am. Ord. 22-2021, passed 11-8-2021)

§ 155.044 SIGN REQUIREMENTS.

(A) Purpose.

(1) The intent of this section of the section is to promote and protect the public health, welfare and safety, and create a more attractive appearance by preserving the scenic, and natural beauty of Washington, Indiana by regulating outdoor signs.

(2) Any sign erected on a lot or building for the purpose of identification or for advertising a use conducted therein or thereon shall be an accessory use to the principal use.

(B) Safety considerations - requirements. All signs shall be 15 feet or more from any public right-of-way line or property line, to avoid confusion and reduce view obstruction. No signs shall be placed so as to violate any section of this chapter or Chapter 154, Subdivision Control. If signs are placed at a location that the state code applies, the Indiana State Sign Code shall apply.

(1) Freestanding signs are appropriate where a building is set back from the street; the architecture of the building is not conducive to a sign; or several businesses are located in 1 building.

(2) Hanging signs are appropriate where buildings are most visible from an angle or when buildings are close together. Hanging signs should have consistent placement, size and materials, and should be located below the level of the second floor windows.

(3) Where feasible, sign letters should be attached directly to the building without superfluous back-facing, particularly when a sign band or cornice is a part of the building facade. Signs should not be placed on surfaces which were not intended for signs.

(4) All signs not currently in conformance with these guidelines due to renovations should be removed. Signs can be attractively printed on store windows, particularly where the sign band is insufficient or there are multiple businesses in 1 building.

(D) Development standards.

(1) Signs, on-premises.

(a) Location. No business sign shall be erected or maintained at any location where by reason of its position, wording, size, shape, color or illumination it may obstruct, obscure, impair, or interfere with the view of, or be confused with any traffic control device, signal or sign.

(b) Districts permitted in. Business signs shall be permitted in C-1, C-2, C-3, C-4, I-1 districts.

(c) Height (above buildings). No part of any sign attached to the exterior wall of a building shall be erected to a height in excess of 6 feet above the roof line or parapet line of a building.

(d) Illuminated signs (residential districts). No illuminated sign shall be permitted within 50 feet of any Residential District unless it is so designed that it does not reflect or shine light onto the district.

(e) Height (freestanding signs). No part of any free-standing sign shall be erected to a height greater than that specified for other structures in the district in which it is located. The height shall be measured from the centerline of the street or highway from which it is to be viewed.

(f) Setback (freestanding signs). The minimum setback of free-standing signs from the street right-of-way shall not be less than 15 feet.

(g) Size of signs. The size of a business sign shall not exceed 150 square feet.

(h) Portable signs. Pennants, banners, portable signs and/or similar devices may be permitted for special events lasting no more than 30 days per occurrence and a total of 90 days per calendar year, provided they are displayed so as not to obstruct a clear view of traffic, traffic lights and/or signals. The displays are to be placed entirely within the confines of the property displaying the devices and shall be placed off all right-of-ways. These portable devices shall not emit any flashing lights and/or lighted moving devices. No more than 1 portable device shall be displayed on the same parcel of property unless there is a minimum of 60 feet between each device. Any or all displays shall be constructed and/or installed and shall be maintained and kept in orderly condition and good repair. A sign permit must be obtained from the Building Commissioner.

(i) Number of signs. One business sign structure may be erected on each street frontage of a lot.

(j) Permit required. A sign permit must be obtained from the Building Commissioner.

(2) Signs, off-premises.

(a) Except as otherwise provided in this section, off-premises signs and/or billboards shall be prohibited within the corporate limits of the City of Washington and the 2-mile unincorporated area surrounding the city.

(b) Any individual or entity desiring to place or locate an off-premises sign within the corporate limits of the city or the 2-mile unincorporated jurisdictional area must first obtain a variance from the Board of Zoning Appeals. Individuals or entities wishing to place or locate an off-premises sign or billboard within the U.S. Highway 50 Overlay Zone District must obtain a variance from the Washington Advisory Plan Commission.

(3) General provisions.

(a) For sale or rent signs. One “For Sale” or “For Rent” sign not more than 6 square feet in area for each dwelling unit, garage or other quarters where appropriate shall be permitted.

(b) Agricultural signs. One sign, not more than 12 square feet in area, pertaining to the sale of agricultural products raised on the premises shall be permitted in agricultural districts only.

(d) Construction signs. One sign, not more than 48 square feet in area, for construction and development, giving the name of the contractors, engineers, or architects, shall be permitted, but only during the time that construction or development is actively under way.

(e) Event signs. For an event of public interest such as a county fair, church event or political elections, 1 sign, not over 32 square feet in area and located upon the site of the event shall be permitted. The sign shall not be erected more than 30 days before the event in question and shall be removed immediately after the event. Also directional signs, not more than 3 square feet in area, showing only a directional arrow and the name of the event of public interest. The signs shall not be erected more than 14 days before the event in question and shall be removed immediately after the event. Street banners shall be permitted subject to the approval of the City Council.

(f) Real estate development signs. For each real estate development that has been approved in accordance with Chapter 154 of this code, 1 sign, not over 100 square feet in area, advertising the sale of property in the subdivision shall be permitted, but only when located on some portion of the subdivision being advertised for sale. The sign may be illuminated. The sign shall be maintained only during the time as some portion of the land advertised for sale remains unsold. Permits for signs shall be issued by the Building Commissioner for 1 year periods and may be renewed for additional 1 year periods to allow time for reasonable display.

(g) Flashing or animated signs. No intermittent flashing or animated signs shall be permitted.

(h) Building signs. Signs painted on buildings shall be regulated as any other sign.

(i) Maintenance. All signs and sign structure shall be kept in repair and in proper state of preservation.

(j) Removal. Signs which are no longer functional, or are abandoned, shall be removed or relocated, in compliance with the provisions of this chapter within 30 days following the dysfunction at the expense of the owner of the sign and/or property owner on which the sign is located.

(k) Nonconforming. Any legally established nonconforming sign shall be permitted without alteration in size or location. If a sign is damaged, exceeding 60% of its replacement value, it shall not be rebuilt; provided, however, that nothing herein shall prevent maintenance, re-painting or posting of legally established nonconforming signs.

(l) Signs in residential districts. The following signs are permitted in all residential districts:

(1) Name plate: single-family dwellings. A name plate which shall not exceed 1 square foot in area is permitted for each dwelling unit of a single-family, 2-family, or multi-family structures; the name-plate shall indicate nothing other than name and/or address of the occupant, and/or customary home occupation. No other sign shall be allowed.

(2) Name plate: multiple-family dwellings. Multiple-family residences and residential projects of all types may display identification signs indicating nothing other than name and/or address of the premises and/or the name of the management. The sign shall not exceed 6 square feet in area.

(3) Information signs. For uses other than those listed in items (1) and (2) above, bulletin boards or identification signs indicating nothing other than name and/or address of the premises, and schedule or services or other information relevant to the operation of the premises; the signs shall not exceed 24 square feet in area.

(4) Information signs (number). For each use of items (1) and (2) eligible to display a sign, only 1 sign per street frontage shall be permitted; except those uses occupying extended frontages shall be permitted 1 sign per 500 feet of frontage or major fraction thereof.

(5) Setback. All allowable signs shall be set back 15 from any street right-of-way or property line.

(Prior Code, 156.21) (Am. Ord. 27-2004, passed 11-22-2004)

§ 155.045 MANUFACTURED HOUSING REQUIREMENTS.

(A) Purpose.

(1) Type I Purpose. It is the intent of this chapter to encourage the provision of alternative modest income housing in general residential areas by permitting the use of TYPE I Manufactured Homes, as defined herein, in all districts in which similar dwellings constructed on site are permitted, subject to the requirements and procedures set forth herein to assure acceptable similarity in exterior appearance between TYPE I Manufactured Homes and dwellings that have been or might be constructed under these and other lawful regulations on adjacent or nearby lots in the same district.

(2) Type II and type III purpose. It is the further intent of this chapter to encourage the provision of alternative modest income housing in certain residential areas by permitting the use of TYPE II and TYPE III Manufactured Housing, as defined herein, in certain specified districts, when they are shown to meet the requirements and procedures set forth herein.

(B) Applicability.

(1) Permitted placement. The establishment, location and use of manufactured homes as permanent residences approved individually, by specific materials or by design, shall be permitted in any zone permitting installation of a dwelling unit, subject to requirements and limitations applying generally to residential use in the district, and provided the homes shall meet the following requirements and limitations:

(a) The dwelling shall meet the appropriate Exterior Appearance Standards, as hereinafter set forth in this chapter.

(b) The dwelling shall be sited in a district where use is permitted in the Schedule of Uses, as hereinafter set forth in this chapter.

(c) The dwelling shall receive all required permits and conform with the Comprehensive Plan and other ordinances of the City of Washington.

(2) Non-conforming homes. A manufactured or mobile home placed and maintained on a tract of land and deemed to be a legal non-conforming use prior to the adoption of this chapter, shall continue to be a legal non-conforming use. If the non-conforming use is discontinued, the land thereafter must be used in conformity with all provisions of the chapter.

(3) Replacement of non-conforming homes. Thereafter, upon application to the designated administrator and subsequent approval thereof, a manufactured or mobile home, deemed a legal non-conforming use, may be replaced by a manufactured home, provided the replacement is of an equal or a higher type, as specified in this chapter. Upon replacement of an existing nonconforming home, the replacement home must meet all requirements of this chapter. All present mobile homes Type III are permitted to remain. If existing mobile homes have expended their useful life, are damaged by fire or natural disaster, the replacement unit must not exceed ten years of age, or must pass an inspection by the Building Commissioners and be declared safe and cosmetically appropriate for the neighborhood. Proof of manufacture date or manufacture seal, or title must be presented to the Building Commissioner for verification. Equal or higher type means that a mobile home may be replaced with a TYPE I, II, or III Manufactured Home or another mobile home; a TYPE III Manufactured Home could be replaced with a TYPE I, II, or III Manufactured Home; a TYPE II Manufactured Home could be replaced with a TYPE I or II Manufactured Home; a TYPE I Manufactured Home could be replaced with another TYPE I Manufactured Home.

(4) Structural alterations. Due to its integral design, any structural alteration or modification of a manufactured or mobile home after it is placed on the site must be approved by the authorized building administrator of the City of Washington.

(C) Exterior appearance standards; manufactured home classification. Manufactured homes shall be classified as to acceptable compatibility or similarity in appearance with site-constructed residences, as follows:

(1) A TYPE I Manufactured Home shall:

(a) Have more than 950 square feet of occupied space in a double-section or multi-section unit;

(b) Be placed onto a permanent foundation;

(d) Be anchored to the ground, in accordance with the One and Two Family Dwelling Code and to the manufacturer's specifications;

(e) Have wheels, axle and hitch mechanisms removed;

(f) Have utilities connected, in accordance with the One and Two Family Dwelling Code and manufacturer's specifications;

(g) Have siding material of a type customarily used on site-constructed residences (The Plan Commission’s designated administrator may compile a list of approved materials meeting the compatibility test. See Approved Materials List);

(h) Have roofing material of a type customarily used on site-constructed residences (The Plan Commission’s designated administrator may compile a list of approved materials meeting the compatibility test. See Approved Materials List); and

(i) Be a minimum of 24 feet wide.

(2) A TYPE II Manufactured Home shall:

(a) Have more than 750 square feet of occupied space in a single, double, expando or multi-section unit (including those with add-a-room units);

(b) Be placed onto a support system, in accordance with approved Installation Standards;

(c) Be enclosed with foundation siding/skirting, in accordance with approved Installation Standards, as specified in this chapter;

(d) Be anchored to the ground, in accordance with manufacturers's specifications or the ANSI/NFPA 501 A Installation Standards;

(e) Require signatures of approval from all abutting property owners before an Improvement Location Permit will be granted. If all required signatures cannot be obtained, the applicant can file for a Conditional or Special Use Permit to the Board of Zoning Appeals;

(f) Have utilities connected in accordance with manufacturer’s specifications or the ANSI/NFPA 501 A Installation Standards;

(i) Be a minimum of 24 feet wide.

(3) A TYPE III Manufactured Home shall be permitted in mobile home parks. Such units shall be permitted in residentially zoned districts only after obtaining a Conditional or Special Use Permit from the Board of Zoning Appeals. Those Type III Manufactured Homes which are permitted shall:

(a) Have more than 750 square feet of occupied space in a single, double, expando or multi-section unit (including those with add-a-room units);

(b) Be placed onto a support system, in accordance with approved Installation Standards, as specified in this chapter;

(c) Be enclosed with foundation siding/skirting, in accordance with approved Installation Standards, as specified in this chapter; and

(d) Be anchored to the ground, in accordance with manufacturer's specifications or the ANSI/NFPA 501 A Installation Standards.

(D) Installation standards.

(1) Permanent perimeter enclosure. Those manufactured homes designated in the zoning ordinance as requiring a permanent perimeter enclosure (Type I) must be set onto an excavated area, with foundations, footings and crawl space or basement walls constructed in accordance with the terms of the One and Two Family Dwelling Code. The space between the floor joists of the home and the excavated underfloor grade shall be completely enclosed with the permanent perimeter enclosure (except for required openings).

(2) Foundation siding/skirting (for temporary structures).

(a) All manufactured or mobile homes without a permanent perimeter enclosure (Type II and III) shall have an approved foundation siding/skirting enclosing the entire perimeter of the home. Foundation siding/skirting and back-up framing shall be weather-resistant, noncombustible or self-extinguishing materials, which blend with the exterior siding of the home. Below grade level and for a minimum distance of 6 inches above finish grade, the materials shall be unaffected by decay or oxidation. The siding shall be installed in accordance with manufacturer's recommendations or approved equal standards.

(b) The siding shall be ventilated by openings, which shall have a net area of not less than 1½ square feet for each 25 linear feet of exterior perimeter. The openings shall be covered with corrosion resistant wire mesh not larger than 1/2 inch in any dimension. The underfloor area shall be provided with an 18- inch by 24-inch minimum size access crawl hole, which shall not be blocked by pipes, ducts or other construction interfering with the accessibility of the underfloor space, or other approved access mechanism.

(3) Support systems.

(a) Type I manufactured homes. All HUD-Code TYPE I Manufactured Home load-bearing foundations shall be installed in conformance with the regulations in the One and Two Family Dwelling Code and with the manufacturer's installation specifications.

(b) Pub. Law No. 360 code homes. All Pub. Law No. 360 code home foundations shall be installed in conformance with the regulations in the One and Two Family Dwelling Code and with the manufacture's installation specifications.

(c) Type II and III manufactured homes and mobile homes. All HUD-Code Type II and III Manufactured Homes and all Mobile Homes not placed on a permanent foundation, shall be installed on a support system in conformance with the manufacturer's installation specifications.

(4) Installation. All permanent perimeter enclosures, foundation siding/skirting and support systems must be installed within 60 days after placement of home.

(E) Permits and approvals.

(1) Improvement location permit. Requirements prior to the location, relocation or establishment of any manufactured or mobile home, the home owner or authorized representative shall secure from the Plan Commission's designated administrator an improvement location permit, which states that the building and its location conform with the Comprehensive Plan. Each application for an improvement location permit shall meet the following requirements:

(a) Provide plot plans as required for all dwelling units, but which at a minimum include elevations or photographs of all sides of the home, exterior dimensions, roof materials, foundation siding or permanent perimeter enclosure treatment, foundation siding or perimeter retaining all treatment, foundation construction and materials, exterior finishes;

(b) Health Department approval for any sewage disposal or water supply, where applicable;

(d) Provide a copy of the approved instructions, which will be used for installation purposes, where applicable;

(e) Any individual desiring to place a Type II or Type III Manufactured Home upon any piece of real estate within the corporate boundaries of the city, regardless of who may own the real estate, must obtain the written approval of every landowner (not merely land occupier) of every separate piece of real estate surrounding and/or abutting the property upon which the manufactured home is to be situated;

(f) The written approval required in (e) above shall be presented to the Building Commissioner and properly researched and verified to his or her satisfaction that all persons who have signed the document and given approval are, in fact, the legal owner of adjacent real estate, and that all signatures are genuine. The document must be notarized by a Notary Public commissioned by the state, who shall verify on the document that all signatures were made in the presence of the Notary Public;

(g) East Meadows Subdivision is exempted from certain requirements: the East Meadows Subdivision should be and is hereby deleted from the requirements set forth in above (e) and (f) dealing with the approval of contiguous landowner. All other provisions of this chapter are hereby confirmed and reaffirmed, and any mobile homes or manufactured housing being placed in the East Meadows Subdivision shall comply with all other provisions of this chapter, with the exception of the hereinabove referenced sections;

(h) Provide other information, as may be required by the Plan Commission's designated administrator for proper enforcement of this chapter;

(i) Provide an agreement signed by the home owner or authorized representative pledging compliance with the terms set by the Plan Commission in the improvement location permit;

(j) After receipt of the information required for an improvement location permit, the Plan Commission's designated administrator shall review the standards set in this chapter. If the applicant has met all required standards, then within 3 working days the improvement location permit shall be issued by the designated administrator; and

(k) If after receipt and review described in division (e)(1)(j) above, the Plan Commission's designated administrator finds that the applicant has not fully met the standards set in the chapter, and the changes or additional actions needed are deemed by the designated administrator to be relatively minor or simple, within 3 additional working days a conditional approval can be issued, with the stated conditions which must be met prior to occupancy spelled out, and the reasons for change clearly stated in writing. If the applicant agrees in writing to the further conditions, the effect being an amendment to the application to conform to the requirements, approval is given and the applicant proceeds. If the applicant does not agree, the application is denied, with reasons stated in writing.

(2) Denial of permit. If any of the major elements are clearly out of line with the standards, within 3 working days issuance of the improvement location permit will be denied, with a written statement specifying the reasons for the denial.

(3) Occupancy requirement. Prior to the occupancy of any manufactured or mobile home, the home owner or authorized representative shall secure from the Plan Commission's designated administrator a certificate of occupancy, stating that the building and its use comply with all provisions of the chapter applicable to the building or the use in the district in which it is to be located.

(4) Issuance of certificate. After submission of an application for a certificate of occupancy, the Plan Commission's designated administrator shall inspect the property and make referrals to other local officials for technical determinations, as he or she deems appropriate, for conformance with conditions of the improvement location permit and the standards set in this chapter. If the applicant has conformed with all of the required conditions and standards, a certificate of occupancy shall be issued within 3 working days.

(5) Denial of certificate. If any of the major conditions or standards have not been complied with, the certificate of occupancy is denied with a written statement specifying the reasons for the denial.

(6) Failure to obtain required permits. Failure to obtain either an improvement location permit or a certificate of occupancy shall be violation of this chapter and punishable under the provisions of this chapter.

(F) Temporary use (also see § 155.042).

(1) Circumstances for permit issuance. Subject to conditions, fees and standards otherwise required by this chapter, a temporary use permit may be issued:

(a) To an applicant to use a manufactured or mobile home as a construction office at a job site; and,

(b) To an applicant whose own health or the health of another necessitates care, and where the facts show that an unnecessary hardship would occur if not permitted to locate a manufactured or mobile home adjacent to the residence of one who is able to provide care or in need of care.

(2) Circumstances for permit denial or termination. The Board of Zoning Appeals may deny a temporary use permit, or may terminate an issued permit for the location of a manufactured or mobile home for, but not limited to, the following reasons:

(a) If the unit is to be used for rental purposes. It must be occupied solely by the person to whom the permit is issued;

(b) If the unit is to be used for storage purposes; and

(c) If any alteration is made to the structure for purposes of increasing the usable living area or providing additional storage area with the exception of manufacturer approved and constructed add-a-room or expando units.

(3) Length of permit. A temporary use permit may be issued, at the discretion of the Plan Commission's designated administrator, for a period not to exceed 1 year.

(4) Permit expiration. At the time the temporary permit expires, the manufactured or mobile home and all appurtenances shall be removed from the property.

(5) Utility requirements. Manufactured or mobile homes used for temporary uses shall have an approved water supply, sewage disposal system and utility connections, where appropriate, and at the discretion of the Plan Commission's designated administrator.

(6) Permit fee. A temporary use permit shall be issued by the Plan Commission's designated administrator. The fee shall be as set forth in Table 3 and is in addition to all other required permits for utilities and sewage disposal systems.

(G) Penalty for violation.

(1) Failure to comply. Each day of non-compliance with the provisions of this chapter constitutes a separate and distinct ordinance violation. Judgment of up to $500 per day may be entered for a violation of this chapter.

(2) Subject to removal. A home, sited upon property in violation of this chapter, shall be subject to removal from the property. However, the home owner must be given a reasonable opportunity to bring the property into compliance before action for removal can be taken. If action finally is taken by the appropriate authority to bring compliance, the expenses involved may be made a lien against the property.

(3) Removal method. The Plan Commission's designated administrator may institute a suit in an appropriate court for injunctive relief to cause the violation to be prevented, abated or removed.

(Prior Code, § 156.22) (Ord. 1-2016, passed 3-28-2016) Penalty, see § 10.99

§ 155.046 APPEAL PROCEDURE FOR MANUFACTURED HOUSING PERMIT.

In the event the Building Commissioner fails or refuses to issue the necessary permit(s), or in the event not all of the landowners adjacent to the property where the manufacturing unit is to be situated agree to the placement thereof, thereby prohibiting the Building Commissioner from issuing the permit(s), then the individual may appeal the prohibition/disapproval to the Common Council of the city, which shall conduct a hearing thereon at its regularly held Council meeting on at least 2 separate occasions, and it is specifically within the right and province of the Council to overrule the provisions of this chapter, should it deem to be so in the best interests of the parties involved or to the benefit of the welfare of the citizens of the city. In the event the Common Council should permit the placement of a manufactured housing unit, it shall so direct the Building Commissioner to issue the necessary permits and its decision to become a permanent record of the Building Commissioner of the city. The placement of Type I manufactured home on any lot on which any other type of dwelling unit may be placed shall be allowed without the owner having to follow the signature or appeals procedure which will still be applicable to Type II and Type III manufactured homes.

(Ord. 16-86, passed 10-13-1986; Ord. 31-98, passed 1-11-1999)

§ 155.047 DRIVE-UP BUSINESS STANDARDS.

(A) Any establishment where the principal or accessory uses are the drive-in, drive-through or open-air type of business operation offering merchandise, service or entertainment to persons in motor vehicles, shall be subject to the following standards:

(1) Gasoline pump islands, canopies and support posts or other free standing accessory devices which are essential to the operation of the business must observe a setback line of at least 15 feet from a street right-of-way or property line. However, no structure or device authorized by this section shall be located in a manner as to impede intersection visibility.

(2) Business uses shall be limited to the characteristics customarily associated with use and no other.

(3) Car wash establishments shall provide auto waiting spaces according to the following:

(a) Not less than 3 spaces at the entrance and 3 outdoor drying and finishing spaces at the exit of each wash bay of a self-service car wash establishment; and

(b) Not less than 4 spaces at the entrance and 6 outdoor drying and finishing spaces at the exit of each wash bay of an automatic or semi-automatic car wash establishment.

(4) Drive-through establishment shall provide vehicle storage as follows:

(a) Drive-through establishment shall provide a minimum of 4 storage spaces before the menu board and the pick-up windows (not including the vehicles which are at the menu board or the pick-up window).

(b) If there is a pay window between the menu board and the pick-up window, the storage spaces before the pay window may be counted as part of the 4 required between the menu board and the pick-up window.

(c) Drive-through restaurants which combine the order, payment and pick-up of food at the same window must provide at least 9 storage spaces per window, in addition to the 1 vehicle at the window; and

(d) Drive-through banks, credit unions, or other financial institutions shall provide vehicle storage based on the following chart:

# of Windows	# Storage Spaces per Window	Total of Spaces
1 or 2	10	20
6 or more	3	n/a

(e) Other drive-through establishments (utility companies, ATMs, dry cleaners, laundries, etc.) should provide a minimum of 2 storage spaces per window, or additional spaces determined necessary by the City Engineer.

(f) Vehicular storage spaces must be a minimum of 20 feet in length, and may not include those vehicles at the window or order board, if there is one. The drive-through lane must be a minimum of 10 feet wide, clearly marked, and required storage spaces may not interfere with site ingress or egress, or on-site circulation.

(5) All drive-through establishments shall be subject to plan review and approval by the City Engineer prior to the issuance of any building permits. At a minimum this review shall include off-site and on-site traffic circulation related to the use, including turning movements and compatibility with pedestrian circulation.

(Prior Code, § 156.24)

§ 155.048 FENCES AND SCREENING STANDARDS.

Ornamental fences, free standing walls and structural screens may be permitted in accordance with the following standards:

(A) Yard fences. Yard fences are typically wood or chain link, limiting direct access, but providing minimum security.

(1) Maximum height.

(a) Forty-two inches, measured perpendicular from nearest ground level on the property that the fence is serving; or

(b) Forty-eight inches if visibility of 70% or greater through fence.

(2) Location.

(a) On front property line;

(b) On side property line; or

(3) Zoning. Allowed in all districts.

(B) Privacy fences. Privacy fences are typically solid wood, limiting visual access.

(1) Maximum height. Six feet.

(2) Location.

(a) No closer to front property line than the rear corner of residence that is being served;

(b) On property line between lots;

(d) On rear property line; or

(e) On lots with no structure, the privacy fence shall not be located within building set back lines of the district in which it is located.

(3) Zoning. Allowed in all districts.

(1) Maximum height. Six feet.

(2) Location.

(a) On property line on all sides of lots; or

(b) On corner lots and side streets security fence must be of type that there is at least 70% visibility or be at least 35 feet from all intersections.

(3) Zoning. Allowed only in C-2, C-3, C-4, & I-1 districts.

(D) Fences, walls and screens to meet Subdivision Control Ordinance requirements. All fences, walls and screens shall meet applicable sections of Washington Subdivision Control Ordinance, Chapter 154. Fence height shall be measured perpendicular from nearest ground level on the property that it is serving.

(Prior Code, § 156.25)

§ 155.049 WETLANDS PROTECTION STANDARD.

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

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

(C) Designation of wetlands. Areas shown on the Official Wetlands 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.

(D) 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 the permits are not applicable.

(Prior Code, § 156.26)

§ 155.050 CONFINED FEEDING OPERATION.

(A) Purpose.

(1) This section is adopted for the protection of farming interest and to promote and protect the public health, safety and welfare by regulating confined animal feeding operations. It is intended to protect property values, and minimize conflicts between farmers and rural residential uses while enhancing and protecting the physical and scenic appearance of the City of Washington as outlined in the Comprehensive Plan.

(2) Confined feeding is defined as the feeding of animals in a confined area according the following state regulations, including all amendments.

(a) Three hundred or more cattle;

(b) Six hundred or more swine or sheep; and/or

(B) Development standards. All confined feeding operations must conform to I.C. 13-1-5.7-1 including all amendments. All non-farm residential uses and confined feeding operations must also meet the following standards:

(1) All structures and confined lots designed to house or contain livestock should be set back 900 feet from any existing residence except that of the confined feeding operator;

(2) All structures and confined lots designed to house or contain livestock should be set back 1,000 feet from any church, business, school, recreational area (public or private) public buildings and 1,300 feet from any area zoned residential or any area that has a recorded residential plot;

(3) All structures should be setback from a public road right-of-way as stated in Table 2 of this chapter. If the waste handling facility of an operation is an open earthen pit, the setback distance should be increased to 1,000 feet in Statement No. 1 above; 1,500 and 2,000 feet respectively in Statement No. 2; and no less than 200 feet in Statement No. 3.

(4) No residential structures except that of the confined feeding operation may be constructed within 900 feet of an existing or granted (permit or otherwise) confined feeding operation.

(5) No church, business, school, recreational area (public or private) or public building may by constructed or operated within 1,000 feet of an existing or granted (permit or otherwise) confined livestock or poultry feeding operation.

(Prior Code, § 156.27)

Editor’s note:

I.C. 13-1-5.7-1 was repealed by P.L. 1-1996, Sec. 99.

§ 155.051 U.S. 50 BYPASS OVERLAY ZONE DISTRICT.

(A) Purpose, intent and authority.

(1) Statement of purpose. It is the purpose of this section to establish standards for the design of sites, buildings, structures, plantings, signs, street hardware and other improvements that are visible to the public and affect the physical development of land within the U.S. 50 Bypass Corridor Overlay Zone.

(2) Statement of intent. These standards are intended to promote high quality creative development that will combine imagination, innovation and variety in the appearance of buildings and sites in the overlay zone. These standards are further intended to preserve and enhance property values and to promote the public health, safety and welfare by providing for consistent, and coordinated treatment of the property encompassed by the U.S. 50 Bypass Corridor Zone.

(3) Authority. Authority underlying creation of the U.S. Bypass Corridor Overlay Zone District is provided for in I.C. 36-7-4-201 et. seq. and I.C. 36-7-4-601 et. seq.

(B) Statement of significance.

(1) U.S. 50 Bypass is a limited access highway crossing south of Washington on an east/west axis within the 2 mile extraterritorial zoning jurisdiction. The corridor is expected to experience increasing pressure for commercial development in the future. Future development of this highly visible corridor will dramatically change the image of the City of Washington.

(2) The visibility and accessibility of the land within the corridor is unique and therefore commands the highest standards of development which stimulate substantial capital investments, encourage efficient land use, promote coordinated development, permit innovative site designs, establish development standards and preserve the integrity of the roadways within this corridor.

(C) Title. This portion of the Zoning Ordinance shall be known as the U.S. 50 Bypass Overlay Zone District and may be so cited and pleaded and shall be referred to herein as the U.S. 50 Bypass Overlay Zone.

(D) Conflict, severability.

(1) If any portion of this U.S. 50 Bypass Overlay Zone is found to be in conflict with any other provisions of any zoning, building, fire, safety or health ordinance of the City of Washington, the provision which establishes the higher standard shall prevail.

(2) If any section, subsection, sentence, clause or phase of the U.S. 50 Bypass Overlay Zone or its application to any person or circumstance is held invalid by the decision of any court or competent jurisdiction, the remainder of this U.S. 50 Bypass Overlay Zone, or the application of the provisions to other persons or circumstances is in effect and shall remain in full force.

(E) Jurisdiction. This section shall apply to the zoning jurisdictional area of the City of Washington, Indiana as defined below.

(F) Definitions.

BOUNDARIES. The boundaries for the U.S. 50 Bypass Overlay Zone are hereby established and the Plan Commission is hereby authorized to show the boundaries on the Official Zoning Map of Washington, Indiana. The boundaries are located 1,000 feet from and on either side of the right-of-way for U.S. 50 Bypass and portions of U.S. 50.

BUILDING FRONT. The side(s) of a building that parallels and is visible from the right-of-way of any or all of the corridor streets as hereinafter defined.

CONDITIONAL USES. All CONDITIONAL USES which are permitted (upon obtaining conditional use authorization) in the underlying districts shall be permitted in the U.S. 50 Bypass Overlay Zones.

CORRIDOR GREENBELT. That portion of the front yard of a lot that is immediately adjacent and parallel to the right-of-way of U.S. 50 Bypass, having a minimum depth of 30 feet from the right-of-way line.

FRONT YARD. That side of a lot, including any corner lot, which is closest to the right-of-way of any or all of the corridor streets as hereinafter defined.

FRONTLIKE FACADE. The exterior portion of a structure which is not the front, but gives the appearance of a frontlike facade by the materials used in construction, architectural style and detail.

INTERIOR GREENBELT. That portion of the front yard of a lot that is immediately adjacent and parallel to the right-of-way of U.S. 50 Bypass Corridor streets having a minimum depth of 15 feet from the street right-of-way line.

INTERIOR PARKING. Those parking spaces located in the interior of a parking lot which create definable parking aisles away from the periphery or edge of the lot.

PERIPHERAL PARKING. Those parking spaces located at the edge or periphery of a parking lot.

PERMITTED USES. All uses which are permitted in the underlying zoning districts shall be permitted in U.S. 50 Bypass Overlay Zones.

(G) Plan Commission approval.

(1) Approval by the Plan Commission or its duly appointed or designated representative shall be required for any proposed or revised development plan or structure or structural alteration in the U.S. 50 Bypass Overlay Zone.

(2) Plan Commission approval or the architectural design, landscaping, drainage, sewerage, parking, signage, lighting and access to the property shall be necessary prior to:

(a) The establishment of any use of the land;

(b) The issuance of any improvement location permit;

(d) Modification or revision of any site development plan.

(3) The Plan Commission, in reviewing applications, shall examine factors concerning the site, site plan and the surrounding area, which include but are not limited to the following items:

(a) Topography;

(b) Zoning on site;

(d) Streets, curbs and gutters, and sidewalks;

(e) Access to public streets;

(f) Driveway and curb cut locations in relation to other sites;

(g) General vehicular and pedestrian traffic;

(h) Internal site circulation;

(i) Special and general easements for public or private use;

(j) On-site and off-site surface and subsurface storm and water drainage;

(k) On-site and off-site utilities;

(l) The means and impact of sanitary sewage disposal and water supply technique;

(m) Dedication of streets and rights-of-way;

(n) Protective restrictions or covenants and/or recorded commitments;

(o) Provisions for adequate and acceptable setbacks, lighting, signage, screening, landscaping and compatibility with existing platted residential uses; and

(p) Effects and proposed project may have on the entire U.S. 50 Bypass Overlay Zone.

(H) Building design standards.

(1) General standards.

(a) All structures will be evaluated on the overall appearance of the project and shall be based on the quality of its design and its relationship to the surrounding area.

(b) The quality of design goes beyond the materials of construction to include scale, mass, color, proportion, and compatibility with adjoining developments.

(d) Building components, such as windows, doors, eaves and parapets, shall have good proportions and relationships to one another.

(e) Any design in which the structural frame is exposed to view, the structural materials shall be compatible within themselves and harmonious with their surroundings.

(f) Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form and siting shall be used to provide visual interest. In multiple building projects, variable siting or individual buildings may be used to prevent a monotonous appearance.

(2) Architectural design requirements.

(a) Exterior metal walls shall be prohibited on all buildings erected, constructed, altered, repaired or used in this Overlay Zone which abut or are adjacent to U.S. 50 Bypass. Exceptions to this requirement may be permitted on a case by case basis by the Washington Plan Commission or its duly appointed or designated representative.

(b) Building facades may be constructed from masonry or glass, as defined below, or other materials or products which provide the same desired stability and quality. Products other than those listed below must be approved by the Washington Plan Commission or its duly appointed or designate representative.

1. Masonry construction. All masonry construction which is composed of solid, cavity, faced or veneered-wall construction, unless otherwise approved by the Plan Commission or its duly appointed or designate representative.

a. Stone material used for masonry construction may consist of granite, sandstone, slate, limestone, marble or other hard and durable all weather stone. Ashlar, cut stone, and dimensioned stone construction techniques are acceptable.

b. Brick material used for masonry construction shall be composed of hard fired (kiln-fired) all weather standard size brick for other all weather facing brick.

c. Concrete finish or precast concrete panel (tilt wall) construction shall be exposed aggregate, bush-hammered, sand blasted or other concrete finish as approved by the Plan Commission or its duly appointed or designate representative.

2. Glass walls. Includes glass curtain walls or glass block construction. Glass curtain wall shall be defined as an exterior wall which carries no floor or roof loads, and which may consist of a combination of metal, glass and other surfacing material supported in a metal framework.

(c) The materials and finishes of exposed roofs shall compliment those used for the exterior walls. Exposed roofs shall be defined as that portion of a roof visible from ground level of U.S. 50 Bypass or any adjacent public thoroughfare or residentially zoned or used area.

(d) Roof mounted equipment on exposed roofs shall be screened from view. The appearance of roof screens shall be coordinated with the building to maintain a unified appearance.

(e) All building mechanical and electrical equipment located adjacent to the building and visible from a public thoroughfare or a residential zone or residential use shall be screened from view. The screens and enclosures shall be treated as an integral element of the building's appearance.

(f) The exposed walls and roofs of buildings shall be maintained in a clean, orderly and attractive condition; free of cracks, dents, punctures, breakage and other forms of visible marring. Materials that become excessively faded, chalked or otherwise deteriorated shall be refinished, repainted or replaced.

(g) Refuse and waste removal areas, loading berths, service yards, storage yards and exterior work areas shall be screened from view from public ways.

(3) Relationship of buildings to site.

(a) The site shall be planned to accomplish a desirable transition with the street frontage and to provide for adequate planting, safe pedestrian movement, and parking area.

(b) Site planning in which setbacks and yards are in excess of zoning restrictions is encouraged to provide an interesting relationship between buildings.

(c) Parking areas shall be treated with decorative elements, building wall extensions, plantings, berms or other innovative means so as to attractively landscape and/or screen parking areas from view from public ways.

(d) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing (or anticipated) adjoining buildings.

(e) Newly installed utility services, and service revisions necessitated by exterior alterations, shall be underground.

(4) Building orientation. All structures shall be sited to front onto corridor streets to give the appearance of a frontlike facade on corridor streets.

(5) Minimum building height. All uses shall have a minimum building height of 14 feet for flat roof structures and 16 feet for pitched roof structures.

(6) Minimum gross floor area. All non-residential buildings shall have a minimum of 2,000 square feet of floor area, excluding the floor area of any basement or any accessory building(s). Exceptions to this requirement will be made on a case by case basis by the Plan Commission or its duly appointed or designated representative. Accessory buildings shall not be used in the computation of floor area. Accessory buildings permitted need not meet the minimum floor requirement.

(I) Signage standards.

(1) Signage shall be designed to be an integral part of the architectural and landscaping plans. The colors, materials and style or signage shall be architecturally compatible and accentuate the buildings and landscaping on the site. The colors, materials and lighting or every sign shall be restrained and harmonious with the building and site to which it principally relates.

(2) All signs, except private traffic direction signs, are prohibited in the required greenbelt areas.

(3) Private traffic direction signs and pavement markings for the direction and control of traffic into, out of, and within the site shall conform to the Manual on Uniform Traffic Control Devices as published by the Indiana Department of Highways.

(4) The integration of project signage to identify multiple businesses is encouraged.

(5) Off-premise signage shall be prohibited in the State U.S. 50 Bypass Overlay Zone Districts.

(6) All on-premise signage shall conform to the standards and requirements of the underlying districts.

(7) Every sign shall have good scale and proportion units designed in its visual relationship to buildings and surroundings.

(8) The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's major message and shall be composed in proportion to the area of the sign face.

(9) Each sign shall be compatible with the signs on adjoining premises and shall not compete for attention.

(10) Identification signs for standardized design such as corporation logos shall conform to the criteria of all other signs.

(11) Exceptions to these requirements will be made on a case by case basis by the Washington Plan Commission or its duly appointed or designated representative.

(J) Landscaping plan.

walks, ramps for handicapped, terraces, driveways, signs, lighting standards, steps and other driveways, signs, lighting standards, steps and other similar structures; and shall delineate the location, size and description of all landscape materials. Landscape treatment for plazas, roads, paths, service and private parking areas shall be designed as an integral and coordinated part of the landscape plan for the entire lot.

(2) Areas to be landscaped.

(a) Greenbelt. The greenbelt shall be suitable landscaped and shall be otherwise unoccupied except for steps, walks, terraces, driveways, lighting standards and other similar structures, but excluding private parking areas. Mounding and other innovative treatments are to be especially encouraged in this area.

(b) Planting adjacent to free-standing buildings.

1. A planting area measuring 5 feet in depth shall be installed adjacent to the front of the building. A planting area 5 feet in depth shall be installed adjacent to all other sides of the building.

2. Sidewalks may be permitted in these areas, but shall not occupy the entire area on any side as long as the required amount of space is landscaped, and innovative and original designs are encouraged. The adjacent planting area at the rear of a structure may be excluded if that structure is located less that 40 feet from the rear property line and sufficient peripheral planting is included to compensate for its removal.

1. There shall be peripheral landscaping strip, 10 feet in depth, located along the side of any private parking area which abuts any side or rear property line separating the parcel from any residentially zoned or used district.

2. At least 1 tree for each 50 lineal feet shall be planted in any peripheral landscaping strip.

(d) Planting within parking lots.

1. All parking lot landscaping shall be of a quality to improve and enhance the site and its surrounding area.

2. Effective use of mounding and existing topography is encouraged. Landscaping and planting areas shall be reasonably dispersed throughout the parking area, and not less that 5% of a private parking lot shall be landscaped.

3. For purposes of this computation, landscaping in:

a. The greenbelt;

b. Adjacent to buildings; and

c. On the periphery of the lot shall not be included.

4. Landscaping shall be specifically provided at the ends of parking rows and as a means of separating parking from major circulation isles within lots.

(3) Landscaping standards.

(a) The interior dimensions, specifications and design of any planting area or planting medium proposed to be constructed shall be sufficient to protect the landscaping materials planted therein and to provide for proper growth.

(b) The primary landscaping materials used in the greenbelt and adjacent to buildings shall consist of one or a combination of the following: shade trees, ornamental trees, shrubs, ground covers, grass, mulches, etc.

(c) The primary landscaping materials used in and around private parking areas shall be trees which provide shade at maturity. Shrubbery, hedges and other planting material may be used to compliment tree landscaping, but shall not be the sole contribution to the landscaping.

(d) All shade trees proposed to be used in accordance with any landscaping plan shall be a minimum of 8 feet in overall height and have a minimum trunk diameter, 12 inches above the ground of 2 inches upon planting. They should be of a variety which will attain an average mature spread greater than 20 feet.

(e) Landscaping materials selected should be appropriate to local growing and climatic conditions. Wherever appropriate existing trees should be conserved and integrated into the landscaping plan. Plant material shall be selected for interest in its structure, texture and color and for its ultimate growth. Indigenous and other hardy plants that are harmonious to the design, and of good appearance shall be used.

(f) The landscaping plan shall ensure that sign distances are not obstructed for drivers of motor vehicles.

(g) Where natural or existing topographic patterns contribute to beauty and utility of a development, they shall be preserved and developed. Modification to topography shall be permitted where it contributes to good appearance.

(h) Grades of walks, parking spaces, terraces and other paved areas shall provide an inviting and stable appearance for walking and, if seating is provided, for sitting.

(i) Landscape treatment shall be provided to enhance architectural features, strengthening vistas and important axis, and provide shade. Spectacular effects shall be reserved for special locations only.

(j) Unity of design shall be achieved by repetition of certain plant varieties and other materials and by correlation with adjacent developments.

(k) In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards or other devices.

(l) Where building sites limit planting, the placement of trees in parkways or paved areas is encouraged.

(m) Screening of service yards and other places that tend to be unsightly shall be accomplished by use of walls, fencing, planting or combinations of these. Screening shall be equally effective in winter and summer.

(n) In areas where general planting will not prosper, other materials such as fences, walls and pavings of wood, brick, stone, gravel and cobbles shall be used. Carefully selected plants shall be combined with these materials where possible.

(o) Miscellaneous structures and street hardware shall be designed to be part of the architectural concept of design and landscape. Materials shall be compatible with buildings, scale shall be good, colors shall be in harmony with buildings and surroundings and proportions shall be attractive.

(p) Lighting in connection with miscellaneous structures and street hardware shall meet the criteria applicable to site, landscape, buildings and signs.

(4) Landscaping installation and maintenance.

(a) Installation. All landscaping required by the approved landscaping plan shall be installed prior to the issuance of a certificate of occupancy if the permit is issued during a planting season, or within 6 months of the date of a certificate of occupancy if issued during a non-planting season.

(b) Maintenance. It shall be the responsibility of the owners and their agencies to insure proper maintenance of the landscaping, in accordance with the standards set by this chapter and as indicated on the landscaping plan which has been approved by the Plan Commission. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, and keeping the area free of refuse and debris.

(c) Changes after approval. No landscaping which has been approved by the Plan Commission may later be altered, eliminated or sacrificed, without first obtaining further Plan Commission approval.

(d) Inspection. The Plan Commission, Building Commissioner or their duly appointed representative, shall have the authority to visit any lot within the U.S. 50 Bypass Overlay Zone to inspect the landscaping and check it against the approved plan on file.

(K) Parking requirements.

(1) Parking is to be discouraged between the greenbelt and the building(s) when other suitable areas for parking exist on the property; however, private parking may be permitted in the area between the greenbelt and the planting adjacent to the building(s) and the planting on the periphery of the property.

(2) Efforts to break up large expanses of pavement are to be encouraged if possible.

(3) The number of parking spaces required are as established in City of Washington Zoning Ordinance, depending upon the zoning and the intended land use.

(4) Alternatives to the established parking requirements may be granted to developments which have a mixture of uses whose peak parking requirements do not coincide in time and thereby may be granted to developments which have a mixture of uses whose peak parking requirements do not coincide in time and thereby may share parking spaces. The applicant shall provide expertly prepared justification for seeking exceptions (i.e., a reference such as shared parking, Urban Land Institute).

(5) There shall be an appropriate number of parking spaces, accessible to the building(s) and identified as reserved for use by disabled individuals, and these spaces shall be of sufficient width (minimum of 12 feet) to accommodate their needs.

(L) Lighting requirements. In reviewing the lighting plan for a lot proposed to be developed, factors to be considered by the Commission shall include but are not limited to:

(1) Safety provided by the lighting;

(2) Security provided by the lighting;

(3) Possible light spillage or place onto adjoining properties or streets. (Down-shielding is encouraged and spillage or glare onto adjoining properties is prohibited.);

(4) Attractiveness of the lighting standards and their compatibility with the overall treatment of the property;

(5) Height and placement of lighting standards considering the use; and

(6) Exterior lighting, when used, shall enhance the building design and the adjoining landscape. Lighting standards and building fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be restrained in design and excessive brightness avoided.

(M) Access to individual sites.

(1) U.S. 50 Bypass. The U.S. 50 Bypass, by its functional nature, is a limited access highway. Therefore, in order to provide safe and sufficient traffic movement to and from adjacent lands and to protect the functional integrity of the corridor's primary thoroughfares, in many cases frontage roads, access roads, and distributor roads, will have to be built. The roads shall be coordinated with those of contiguous lots and designed to preserve the aesthetic benefits provided by the greenlet areas. Access at the side or rear of buildings is encouraged. New access points onto the primary thoroughfares in the corridor shall be coordinated with existing access points whenever possible. The following curb cut policy shall apply throughout the U.S. 50 Bypass Corridor.

(2) Curb cuts.

(a) No closer than 1 for each 400 feet of frontage.

(b) No curb cuts within 200 feet of any intersection of public roads.

(N) Access to potential development sites. Stub streets shall be built in all cases where adjacent lots have reasonable potential for development. Reasonable potential shall include any adjacent parcel of adequate size for commercial or residential development or any adjacent parcel so determined by the Washington Plan Commission or its duly appointed or designated representative.

(O) Other standards.

(1) Outside storage prohibited. No outside, unenclosed storage of refuse (whether or not in containers) or outdoor display of merchandise shall be permitted on any lot. All refuse shall be contained completely within the principle or accessory building(s). Exceptions to this requirement will be made on a case by case basis by the Plan Commission or its duly appointed or designate representative.

(2) Loading berth requirements. Loading berth requirement shall be as specified in the underlying zone district(s), except that any loading or unloading berth or bay shall be screened from view beyond the site by landscaping or other screening.

(3) Accessory buildings and uses. All accessory buildings and uses which are permitted in the underlying zoning district(s) shall be permitted, except that the detached accessory building on any lot shall be architecturally compatible with the principal building(s) with which it is associated. All accessory buildings shall have a roof.

(4) Paving requirements. All parking areas shall be finished with a hard surface such as asphalt or concrete.

(Prior Code, § 156.28)

§ 155.052 YARD SALES.

(A) Restrictions on yard sales in residential properties. It shall be a violation of this chapter for any owner or occupier of property to:

(1) Conduct for a period of more than 5 consecutive days on any residential-zoned property, what is commonly referred to as a yard sale;

(2) Conduct more than 1 yard sale on residential-zoned property in a 30-day period; and

(3) The restrictions imposed by this section shall also apply to what are commonly called porch sales and or garage sales.

(B) The Building Commissioner is authorized to enforce the provisions of this section as follows. If the Building Commissioner has satisfactory proof that this section has been violated the Building Commissioner may:

(1) Issue a verbal or written warning to the violator;

(2) Order the violator to terminate and conclude the sale; and

(3) Report the violation to the City Attorney for possible prosecution.

(Prior Code, § 156.29)

§ 155.053 USE OF RESIDENTIALLY/NON-RESIDENTIALLY ZONED PROPERTY.

Residentially zoned property may not be used for private and/or public access to non-residential property. Non-residentially zoned property may not be used for private and/or public access to residential property.

(Ord. 3-2009, passed 2-23-2009)

§ 155.054 CREATION OF THE DOWNTOWN DEVELOPMENT ZONING DISTRICT AND PROVIDING FOR EXTERIOR DESIGN STANDARDS WITHIN THIS DISTRICT.

(A) Downtown Development Overlay District defined.

(1) The area in Washington bounded as follows:

Beginning at a point located at the intersection of the center lines of West Van Trees Street and Northwest Fifth Street; thence south along the center line of Northwest and Southwest Fifth Street, to the north right-of-way line of the CSX Transportation Railroad; thence southeasterly, along the north right-of-way line of the CSX Transportation Railroad, to the center line of Southwest Second Street; thence north, along the center line of Southwest Second Street, to a point located 30 feet west of the southwest corner of Lot Numbered 145 in Liverpool Addition; thence east 30 feet to the southwest corner of said Lot Numbered 144; thence continuing east, along the south line of Liverpool Addition, to the southeast corner of Lot Numbered 113 in Liverpool Addition; thence north, along the east lines of Lots Numbered 113, 112, 49, 48, and 1, in Liverpool Addition to the Northeast corner of Lot Numbered 1 in Liverpool Addition; thence continuing North, and crossing East Van Trees Street, to southeast corner of Lot Numbered 18 in the Original Town of Washington; thence continuing north, along the east line of said Lot Numbered 18, to the northeast corner of said Lot Numbered 18; thence west, along the north lines of Lots Numbered 18,17,16,15,14,13,12,11,10, 9, 8, 7, 6, 5,4, 3, 2,1,109, 110, 111, 112, 113, 114, and 115, in the Original Town of Washington, to the northwest corner of Lot Numbered 115 in the Original Town of Washington, and the Northeast corner of Lot Numbered 15 in Cabel's Subdivision; thence continuing west, along the north lines of Lots Numbered 15,16,17,18,19, 20, and 21 in Cabel's Subdivision, to the northwest corner of Lot Numbered 21 in Cabel's Subdivision; thence south, along the West line of Lot Numbered 21 in Cabel's Subdivision, to the north right-of-way line of West Van Trees Street; thence south to the center line of West Van Trees Street; thence west, along the center line of West Van Trees Street, to the center line of Northwest Fifth Street, and the point of beginning;

is hereby designated as the Downtown Development Zoning District. A map of the district is attached to the ordinance codified herein and designated as "Attachment A".

(2) This Downtown Development Zoning District shall overlay the C-l Local, C-2 General Business and I-1 Industrial Business use districts within this zoning district and the provisions of this section, as well as the provisions of the Zoning Ordinance that apply to and govern the local business use district will all apply to and govern this zoning district. Residential structures used entirely as single or multi-family homes shall be exempt from the requirements of this section until such time as the use of property becomes commercial in whole or part.

(3) This Downtown Development Zoning District is hereby declared to be a district subject to "development requirements" meaning that any development of real property within this zoning district will require a development plan as provided for in I.C. 36-7-4-1400 et seq., as it is now, and as it may be amended from time to time.

(B) Development defined. The terms DEVELOP, DEVELOPMENT and DEVELOPING, when used in this section shall mean, and shall include, the erecting, constructing, enlarging, altering, repairing, moving, improving, removing, rehabilitating, revitalization, painting or repainting or demolishing the exterior of any building; or anything else that affects or changes the exterior or color of any building, or the creation, altering, removing, redesigning or substantial reconfiguration of any parking lot, park area, landscaping or exterior pedestrian facilities.

(C) Standards. No person, firm, corporation or any other organization or entity, collectively referred to herein as a developer, shall develop any real property, or any building or other improvements on any real property within this Downtown Development Zoning District unless the development complies with the external design standards set below.

(1) The Main Street Development Plan must include the following development requirements.

(a) Building organization. Building shall have a consistent pattern to adjacent structures. There shall be a repetitive scale, massing and relationship to the street, and style to the area. Corner buildings shall match or exceed the height of adjacent buildings. The two facades shall be acknowledged with consistent materials and patterns. Projects with public or cultural significance shall be designed to have a character that varies more than the standard pattern to distinguish them as a landmark structure.

(b) Setbacks. No setback is required and the building shall be placed to maintain the street edge. The relationship of the building to the street edge shall emphasize the pedestrian and not the automobile. Pedestrian spaces such as sidewalk dining or shaded seating are encouraged.

(c) Massing and proportion. Buildings shall have vertical proportions consistent with existing structures within the block area. Windows and storefront glazing shall be divided to be either square or vertical in proportion so that each section is taller than it is wide. Permitted frontal setbacks can be used to articulate bays of a building to break up its width. Architectural features such as but not limited to columns, piers, rooflines and brick can be used to divide and create a vertical orientation on building facades.

(d) Building height and roof type. Buildings in the downtown district have traditionally used straight edged parapets with sloped roofs behind. Simple parapet roof edges with varying coping and cornice shall be used and roof coverings shall be of traditional materials.

(e) Facade. Each facade shall have a rhythm that is repeated through the pattern of wall openings. The building facade shall have an identifiable base, body, and a cap with horizontal elements separating these components. Buildings shall not have blank side walls creating a false front appearance. Corner buildings shall have two facades which maintain a relationship to each other, but they do not need to be identical.

(f) Facade at street level. The street level facade shall provide human scaled entries including but limited to recessed entries, adjacent store front windows and sheltering elements. Facades shall incorporate a minimum of two continuous feature details of 12 inches or less within ten feet of building wall measured vertically from street level.

(g) Windows. Windows shall be vertically oriented with 70% of the street level facade being transparent. Upper floors shall have a minimum of 35% per cent of window transparency blending with adjacent buildings. Window embellishments are encouraged creating additional character to the building. Overall vertical building proportions shall be expressed in the window proportions and expanses of vertical windows which give the overall appearance of horizontal massing shall be avoided.

(h) Color. All exterior body and trim colors must harmoniously blend and compliment with adjacent buildings as well as the district.

(i) Signs. All signs must comply with § 155.044 sign requirements of the Zoning Code of the City of Washington. Hanging signs shall be located below the second floor windows and be harmonious and consistent to the district.

(j) Drive-throughs. Drive-throughs are prohibited within the Main Street District.

(2) Non-residential outside of main street district.

(a) Building organization. Buildings shall have a consistent pattern to adjacent structures. There shall be a repetitive scale, massing, relationship to the street, and style to the others in the area. Corner buildings shall match or exceed the height of adjacent buildings. The two facades shall be acknowledged with consistent materials and patterns. Projects with public or cultural significance shall be designed to have a character that varies more from the standard pattern to distinguish them as a landmark structure.

(c) Massing and proportion. Buildings shall have vertical proportions consistent with existing structures within the block area.

(d) Building height and roof type. The roof lines shall vary from building to building as well as within buildings with wide street frontage. The varying heights shall follow logical building massing and shall correspond to building organization of the district.

(e) Facade. Each facade shall have an identifiable base, body and cap with horizontal elements separating these components. Buildings shall not have blank side walls creating a false front appearance. Corner buildings shall two facades which maintain a relationship to each other, although they do not need to be identical.

(f) Facade at street level. The street level facade shall provide human scaled entries including but not limited to recessed entries, sheltering elements and adjacent store front windows.

(g) Windows. Windows shall be vertically oriented with a minimum of 50% of the street level facade being transparent. Overall vertical building proportions shall be expressed in the windows and expanses of vertical windows which give the overall appearance of horizontal massing shall be avoided.

(h) Color. All exterior body and trim colors must harmoniously blend and compliment adjacent buildings as well as the district.

(j) Drive-throughs. Drive-throughs shall be located in rear of the building, not between the building and the main abutting street.

(3) The plan documentation and supporting information to be suppled with the plan shall be sufficient to show that the Development Plan complies with divisions (B) and(C) of this section.

(4) The plan documentation and supporting information should also show the location and characteristics of existing and proposed structures and landscaping.

(D) Development plan, Design Review Committee, Decision of Building Commissioner.

(1) Before any developer undertakes any development, as described in division (B) of this section within the Downtown Development Zoning District he or she shall submit a development plan, prepared according to division (C) of this section to the Building Commissioner of Washington, Indiana.

(2) Creation of a design review committee.

(a) A Design Review Committee consisting of the City Building Commissioner, and four other persons described as follows:

1. A member of the Plan Commission;

2. A member of the Redevelopment Commission;

3. A member of the Chamber of Commerce; and

4. A member of the Common Council,

is hereby created to assist the Building Commissioner in his review of the Development Plan.

(b) The chairpersons of the Plan Commission, the Redevelopment Commission, and the Chamber of Commerce shall, respectively, on or about January 1 of each year, appoint a member of the Commission over which he or she presides, to serve on this Committee. The Common Council will appoint its member by a majority vote of those present and voting at the first regular meeting of each year. These four appointees shall serve through December 31 of the year in which they are appointed.

(c) When a development plan is submitted to the Building Commissioner, he or she shall immediately notify the members of the Design Review Committee that a plan has been submitted. The members of the Design Review Committee shall have a period of 15 days to review the development plan and to submit their verbal or written comments to the Building Commissioner. The Building Commissioner shall respond to the concerns or questions raised by the Design Review Committee in his or her written decision regarding the development plan.

(3) The Building Commissioner shall either review and approve, or modify and approve, or disapprove the development plan; provided, however, that such review and approval, or modification and approval, or disapproval shall be based solely on a determination that the development plan does or does not comply with the design standards set out in division (C) of this section and with all requirements of § 155.054.

(4) The decision of the Building Commissioner approving, modifying and approving, or disapproving the development plan shall be in writing, with specific findings in support of the modification and approval, or disapproval of the development plan.

(5) The Building Commissioner shall not be required to hold public hearings before approving, modifying and approving, or disapproving the development plan.

(6) If the Building Commissioner fails to make a decision on the development plan within 30 days after it is filed with him or her, the development plan will be deemed to have been approved.

(7) In the administration of this section, the Building Commissioner shall be considered a member of the Plan Commission staff as the term is used in I.C. 36-7-4-1404.

(E) Appeals process.

(1) Any decision of the Building Commissioner either approving, modifying and approving, or disapproving any development plan may be appealed to the Plan Commission by the developer, any adjoining property owner, or any other person or persons directly affected by this decision.

(2) The appeal provided for in division(E)(1) of this section shall be in the form of a written petition, setting forth the reasons for the appeal, filed with the Secretary of the Plan Commission within 30 days after the Building Commissioner has made his decision in the manner provided for in division (D)(4) of this section.

(3) The Plan Commission shall review the decision of the Building Commissioner approving, or modifying and approving, or disapproving the development plan, which is the subject of the appeal at a public hearing after notice has been given, as set forth below in division (E)(4) of this section.

(4) Notice of the public hearing provided for in this section shall be given at least ten days before the hearing by:

(a) Publication in the Washington Times-Herald; and

(b) By service of notice in person, or by certified mail, on adjoining property owners.

(5) The Plan Commission, after the public hearing, shall determine whether the development plan complies with the design standards set out in division (C) of this section and with development requirements set out in division (B) of this section.

(6) After making the determination required by division (E)(5) of this section, the Plan Commission may do any of the following as to the decision of the Building Commissioner appealed from:

(a) Approve the decision.

(b) Reverse the decision and remand the matter back to the Building Commissioner with directions as to what further action the Commissioner should take.

(d) Take any of the actions provided for in I.C. 36-7-4-1405(b).

(7) The decision of the Plan Commission supported by written findings shall be in writing and following the public hearing shall be signed by the President or Vice-President of the Plan Commission and attested to by the Secretary.

(8) The decision of the Plan Commission made on an appeal under this division, is a final decision that may be appealed as provided for in I.C. 36-7-4-1016, as that section now exists or as it may be amended from time to time.

(Ord. 11-2013, passed 7-8-2013)

§ 155.055 U.S. I-69 CORRIDOR OVERLAY ZONE DISTRICT.

(A) Purpose, intent and authority.

(2) Statement of intent. These standards are intended to promote high quality creative development that will combine imagination, innovation and variety in the appearance of buildings and sites in the overlay zone. These standards are further intended to preserve and enhance property values and to promote the public health, safety and welfare by providing for consistent; and coordinated treatment of the property encompassed by the I-69 Corridor Zone.

(3) Authority. Authority underlying creation of the I-69 Corridor Overlay Zone District is provided for in I.C. 36-7-4-201 et seq. and I.C. 36-7-4-601 et seq.

(B) Statement of significance.

(1) I-69 Bypass is a four-lane, federal interstate east of Washington on a jurisdiction, and some of which may be included within the corporate limits of the city following a proposed annexation. The corridor is expected to experience increasing pressure for commercial development in the future. Future development of this highly visible corridor will dramatically change the image of the City of Washington.

(C) Title. This portion of the Zoning Ordinance shall be known as the I-69 Corridor Zone District and may be so cited and pleaded and shall be referred to herein as the I-69 Corridor Overlay Zone.

(D) Conflict, severability.

(1) If any portion of this I-69 Corridor Overlay Zone is found to be in conflict with any other provisions of any zoning, building, fire, safety or health ordinance of the City of Washington, the provision which establishes the higher standard shall prevail.

(2) If any section, subsection, sentence, clause or phase of the I-69 Corridor Overlay Zone or its application to any person or circumstance is held invalid by the decision of any court or competent jurisdiction, the remainder of this I-69 Corridor Overlay Zone, or the application of the provisions to other persons or circumstances is in effect and shall remain in full force.

(E) Jurisdiction. This section shall apply to the zoning jurisdictional area of the City of Washington, Indiana as defined below.

(F) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BOUNDARIES. The boundaries for the I-69 Corridor Overlay Zone are hereby established and the Plan Commission is hereby authorized to show the boundaries on the Official Zoning Map of Washington Indiana. A portion of the zoning map depicting the corridor is attached to the ordinance codified herein and designated "Appendix 1". The boundaries are located l,000 feet from and on either side of the right-of-way for I-69 and portions of I-69 and within the two-mile extraterritorial zoning jurisdiction. If any part of a lot, tract, parcel, or other body of real estate lies within the boundaries hereby established, the restrictions and requirements of this code section shall apply to the whole of the lot, tract, parcel, or other body of land.

BUILDING FRONT. The side(s) of a building that parallels and is visible from the right-of-way of any or all of the corridor streets as hereinafter defined.

CONDITIONAL USES. All CONDITIONAL USES which are permitted (upon obtaining conditional use authorization) in the underlying districts shall be permitted in the I-69 Corridor Overlay Zones.

CORRIDOR GREENBELT. That portion of the front yard of a lot that is immediately adjacent and parallel to the right-of-way of I-69 Corridor, having a minimum depth of 30 feet from the right-of-way line.

FRONT YARD. That side of a lot, including any corner lot, which is closest to the right-of-way of any or all of the corridor streets as hereinafter defined.

FRONTLIKE FACADE. The exterior portion of a structure which is not the front, but gives the appearance of a frontlike facade by the materials used in construction/ architectural style and detail.

INTERIOR GREENBELT. That portion of the front yard of a lot that is immediately adjacent and parallel to the right-of-way of I-69 Corridor streets having a minimum depth of 15 feet from the street right-of-way line.

INTERIOR PARKING. Those parking spaces located in the interior of a parking lot which create definable parking aisles away from the periphery or edge of the lot.

PERIPHERAL PARKING. Those parking spaces located at the edge or periphery of a parking lot.

PERMITTED USES. All uses which are permitted in the underlying zoning districts shall be permitted in I-69 Corridor Overlay Zones.

(G) Plan Commission approval.

(2) Plan Commission approval of the architectural design, landscaping, drainage, sewerage, parking, signage, lighting and access to the property shall be necessary prior to:

(a) The establishment of any use of the land;

(b) The issuance of any improvement location permit;

(d) Modification or revision of any site development plan.

(3) The Plan Commission, in reviewing applications, shall examine factors concerning the site, site plan and the surrounding area, which include but are not limited to the following items:

(a) Topography;

(b) Zoning on site;

(d) Streets, curbs and gutters, and sidewalks;

(e) Access to public streets;

(f) Driveway and curb cut locations in relation to other sites;

(g) General vehicular and pedestrian traffic;

(h) Internal site circulation;

(i) Special and general easements for public or private use;

(j) On-site and off-site surface and subsurface storm and water drainage;

(k) On-site and off-site utilities;

(l) The means and impact of sanitary sewage disposal and water supply technique;

(m) Dedication of streets and rights-of-way;

(n) Protective restrictions or covenants and/or recorded commitments;

(o) Provisions for adequate and acceptable setbacks, lighting, signage, screening, landscaping and compatibility with existing platted residential uses; and

(p) Effects and proposed project may have on the entire I-69 Corridor Overlay Zone.

(H) Building design standards.

(1) General standards.

(a) All structures will be evaluated on the overall appearance of the project and shall be based on the quality of its design and its relationship to the surrounding area.

(b) The quality of design goes beyond the materials of construction to include scale, mass, color, proportion, and compatibility with adjoining developments.

(d) Building components, such as windows, doors, eaves and parapets, shall have good proportions and relationships to one another.

(e) Any design in which the structural frame is exposed to view, the structural materials shall be compatible within themselves and harmonious with their surroundings.

(2) Architectural design requirements.

(a) Exterior metal walls shall be prohibited on all buildings erected, constructed, altered, repaired or used in this Overlay Zone which abut or are adjacent to I-69 Corridor. Exceptions to this requirement may be permitted on a case by case basis by the Washington Plan Commission or its duly appointed or designated representative.

a. Stone material used for masonry construction may consist of granite, sandstone, slate, limestone, marble or other hard and durable all weather stone. Ashlar, cutstone, and dimensioned stone construction techniques are acceptable.

b. Brick material used for masonry construction shall be composed of hard fired (kiln-fired) all weather standard size brick for other all weather facing brick.

2. Glass walls. Includes glass curtain walls or glass block construction. Glass curtain wall shall be defined as an exterior wait which carries no floor or roof loads, and which may consist of a combination, of metal, glass and other surfacing material supported in a metal framework.

(c) The materials and finishes of exposed roofs shall compliment those used for the exterior walls. Exposed roofs shall be defined as that portion of a roof visible from ground level of I-69 Corridor or any adjacent public thoroughfare or residentially zoned or used area.

(d) Roof mounted equipment on exposed roofs shall be screened from view. The appearance of roof screens shall be coordinated with the building to maintain a unified appearance.

(g) Refuse and waste removal areas, loading berths, service yards, storage yards and exterior work areas shall be screened from view from public ways.

(3) Relationship of buildings to site.

(a) The site shall be planned to accomplish a desirable transition with the street frontage and to provide for adequate planting, safe pedestrian movement, and parking area.

(b) Site planning in which setbacks and yards are in excess of zoning restrictions is encouraged to provide an interesting relationship between buildings.

(c) Parking areas shall be treated with decorative elements, building wall extensions, plantings, berms or other innovative means so as to attractively landscape and/ or screen parking areas from view from public ways.

(e) Newly installed utility services, and service revisions necessitated by exterior alterations, shall be underground,

(4) Building orientation. All structures shall be sited to front onto corridor streets to give the appearance of a frontlike facade on corridor streets.

(5) Minimum building height. All uses shall have a minimum building height of 14 feet for flat roof structures and 16 feet for pitched roof structures.

(I) Signage standards.

(2) All signs, except private traffic direction signs, are prohibited in the required greenbelt areas.

(3) Private traffic direction signs and pavement markings for the direction and control .of traffic into, out of, and within the site shall conform to the Manual on Uniform Traffic Control Devices as published by the Indiana Department of Highways.

(4) The integration of project signage to identify multiple businesses is encouraged.

(5) Off-premises signage shall be prohibited in the I-69 Corridor Overlay Zone Districts.

(6) All on-premises signage shall conform to the standards and requirements of the underlying districts, except that the maximum height of any sign shall be 30 feet.

(7) Every sign shall have good scale and proportion units designed in its visual relationship to buildings and surroundings.

(8) The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's major message and shall be composed in proportion to the area of the sign face.

(9) Each sign shall be compatible with the signs on adjoining premises and shall not compete for attention.

(10) Identification signs for standardized design such as corporation logos shall conform to the criteria of all other signs.

(11) Exceptions to these requirements will be made on a case by case basis by the Washington Plan Commission or its duly appointed or designated representative.

(J) Landscaping plan.

(1) Landscaping plan submitted to Plan Commission. A landscaping plan shall be submitted to the Plan Commission for its approval at the same time other plans (i.e. architectural design, lighting, parking, signage and site plans) are submitted. This plan shall be drawn to scale, including dimensions and distances, shall delineate all existing and proposed structures, private parking areas, walks, ramps for handicapped, terraces, driveways, signs, lighting standards, steps and other driveways, signs, lighting standards, steps and other similar structures; and shall delineate the location, size and description of all landscape materials. Landscape treatment for plazas, roads, paths, service and private parking areas shall be designed as an integral and coordinated part of the landscape plan for the entire lot.

(2) Areas to be landscaped.

(b) Planting adjacent to free-standing buildings.

1. A planting area measuring five feet in depth shall be installed adjacent to the front of the building. A planting area five feet in depth shall be installed adjacent to all other sides of the building.

1. There shall be peripheral landscaping strip, ten feet in depth, located along the side of any private parking area which abuts any side or rear property line separating the parcel from any residentially zoned or used district.

2. At least one tree for each 50 lineal feet shall be planted in any peripheral landscaping strip.

(d) Planting within parking lots.

1. All parking lot landscaping shall be of a quality to improve and enhance the site and its surrounding area.

3. For purposes of this computation, landscaping in:

a. The greenbelt;

b. Adjacent to buildings; and

c. On the periphery of the lot shall not be included.

4. Landscaping shall be specifically provided at the ends of parking rows and as a means of separating parking from major circulation isles within lots.

(3) Landscaping standards.

(d) All shade trees proposed to be used in accordance with any landscaping plan shall be a minimum of eight feet in overall height and have a minimum trunk diameter, 12 inches above the ground of two inches upon planting. They should be of a variety which will attain an average mature spread greater than 20 feet.

(f) The landscaping plan shall ensure that sign distances are not obstructed for drivers of motor vehicles.

(h) Grades of walks, parking spaces, terraces and other paved areas shall provide an inviting and stable appearance for walking and, if seating is provided, for sitting.

(j) Unity of design shall be achieved by repetition of certain plant varieties and other materials and by correlation with adjacent developments.

(k) In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards or other devices.

(l) Where building sites limit planting, the placement of trees in parkways or paved areas is encouraged.

(p) Lighting in connection with miscellaneous structures and street hardware shall meet the criteria applicable to site, landscape, buildings and signs.

(4) Landscaping installation and maintenance.

(c) Changes after approval. No landscaping which has been approved by the Plan Commission may later be altered, eliminated or sacrificed, without first obtaining further Plan Commission approval.

(d) Inspection. The Plan Commission, Building Commissioner or their duly appointed representative, shall have the authority to visit any lot within the I-69 Corridor Overlay Zone to inspect the landscaping and check it against the approved plan on file.

(K) Parking requirements.

(2) Efforts to break up large expanses of pavement are to be encouraged if possible.

(3) The number of parking spaces required are as established in City of Washington Zoning Ordinance, depending upon the zoning and the intended land use.

(L) Lighting requirements. In reviewing the lighting plan for a lot proposed to be developed, factors to be considered by the Commission shall include but are not limited to:

(1) Safety provided by the lighting;

(2) Security provided by the lighting;

(3) Possible light spillage or place onto adjoining properties or streets. (Down-shielding is encouraged and spillage or glare onto adjoining properties is prohibited.);

(4) Attractiveness of the lighting standards and their compatibility with the overall treatment of the property;

(5) Height and placement of lighting standards considering the use; and

(M) Access to individual sites.

(1) I-69 Corridor. The I-69, by its functional nature, is a limited access highway. Therefore, in order to provide safe and sufficient traffic movement to and from adjacent lands and to protect the functional integrity of the corridor's primary thoroughfares, in many cases frontage roads, access roads, and distributor roads, will have to be built. The roads shall be coordinated with those of contiguous lots and designed to preserve the aesthetic benefits provided by the greenbelt areas. Access at the side or rear of buildings is encouraged. New access points onto the primary thoroughfares in the corridor shall be coordinated with existing access points whenever possible. The following curb cut policy shall apply throughout the I-69 Corridor.

(2) Curb cuts.

(a) No more than one for each 400 feet of frontage, except as may be specifically approved by the City Engineer.

(b) No curb cuts within 200 feet of any intersection of public roads.

(O) Other standards.

(4) Paving requirements. All parking areas shall be finished with a hard surface such as asphalt or concrete.

(5) If any building or other structure is damaged or destroyed by fire or otherwise, the repair and/or rebuilding of said building or structure must comply with the requirements of this section.

(Ord. 7-2013, passed 5-13-2013; Am. Ord. 4-2016, passed 5-9-2016)

§ 155.056 EMPLOYMENT ZONING (EZ) PLANNED UNIT DEVELOPMENT DISTRICT.

(A) Purpose, intent and authority.

(2) Statement of intent. These standards are intended:

(a) To promote high quality creative development that will combine imagination, innovation and variety in the appearance of buildings and sites in the EZ District;

(b) To preserve and enhance property values and to promote the public health, safety and welfare by providing for consistent and coordinated treatment of the property' encompassed by the EZ District;

(d) To strictly limit and manage access within the EZ District to ensure long-term safety and travel efficiency, and to prevent design challenges for highway designers in pursuit of improving the other roads within the EZ District;

(e) To protect environmentally sensitive areas within the EZ District, and to provide a filter for increased storm water runoff from the anticipated increase in impervious surfaces;

(f) To promote an “employment corridor” that is cohesive and aesthetically pleasing, targets larger scale economic development, and is collectively master planned; and

(g) To discourage general commercial development (e.g. retail and entertainment) within the EZ District, except in a form that is complementary to and integrated with preexisting employment development (i.e. that primarily serves the employees and companies).

(3) Authority. Authority underlying creation of the EZ District pursuant to the adoption of a PUD District Ordinance is provided for in I.C. 36-7-4-201 et seq., I.C. 36-7-4-601 et seq., and I.C. 36-7-4-1501 et seq.

(B) Statement of significance.

(1) Interstate Highway 69 (“I-69") is a four-lane, limited access federal interstate highway that runs through the east side of the City of Washington within the city's planning jurisdiction, and some of which is included within the corporate limits of the city following recent annexation initiatives. Inasmuch as this highway corridor is experiencing increasing pressure for commercial and industrial development, the Commission and Council hereby find that the anticipated development of this highly visible corridor, along with the surrounding areas, will dramatically change the image of the City of Washington.

(2) The Commission and Council further find that the visibility and accessibility of the land within the corridor and surrounding areas is unique and therefore commands the highest standards of development which stimulate substantial capital investments; therefore, the provisions of this section shall be interpreted so as to encourage efficient land use, promote coordinated development, permit innovative site designs, establish exceptional development standards, and preserve the integrity of the roadways within this corridor and surrounding areas.

(C) Title. This section of the zoning code shall be known as the Employment Zoning Planned Unit Development District and may be so cited and pleaded and shall be referred to herein as the “EZ District”.

(D) Conflict; severability.

(1) If any portion of this section establishing the EZ District is found to be in conflict with any other provisions of any zoning, building, fire, safety or health ordinance of the City of Washington, the provision which establishes the higher standard shall prevail.

(2) If any subsection, division, subdivision, sentence, clause or phrase of this section establishing the EZ District or its application to any person or circumstance is held invalid by the decision of any court of competent jurisdiction, the remainder of the provisions establishing this EZ District or the application of the provisions to other persons or circumstances shall remain in effect and shall remain in full force.

(3) Any property that was located within the boundaries that were previously established for either:

(a) The U.S. 50 Bypass Overlay Zone by § 155.051; or

(b) The I-69 Corridor Overlay Zone by § 155.055, Appendix 1 hereof, which property is now located within the boundaries established below for the EZ District pursuant to Appendix 2A and 2B, or within such boundaries as may hereafter be established for the EZ District pursuant to Appendix 3, shall be governed solely by the provisions of this section. Accordingly, this section shall be interpreted to supersede the provisions of §§ 155.051 and 155.055 insofar as they relate to any such property.

(E) Jurisdiction. This section shall apply to the zoning jurisdictional area of the City of Washington, Indiana as defined below.

(F) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. These definitions shall be construed as supplemental to the general definitions for this zoning code which are contained in § 155.006.

ADLS REQUIREMENTS. The development requirements set forth in this section which collectively comprise the architectural design, landscaping, drainage, sewerage, parking, signage, lighting and access standards that apply to developments within the boundaries described below.

BOUNDARIES. The boundaries of the EZ District established by this section are set forth and attached to Ord. 4-2016, passed May 9, 2016 on a document designated as “Appendix 2A.” A portion of the zoning map depicting the properties that are being included in the EZ District is also attached thereto and designated as “Appendix 2B,” and the Plan Commission is hereby authorized to show the boundaries of the EZ District on the Official Zoning Map of Washington, Indiana. These PUD District boundaries are located within the two-mile extraterritorial zoning jurisdiction of the City. If in the future additional properties are included in the EZ District, then a description thereof and a portion of the zoning map depicting such additional properties may be attached to the ordinance referenced herein and designated as “Appendix 3.” If any part of a lot, tract, parcel, or other body of real estate lies within the boundaries hereby established, or as they may hereafter be established, the restrictions and requirements of this section shall apply to the whole of the lot, tract, parcel, or other body of land.

BUILDING FRONT. The side(s) of a building that parallels and is visible from the right-of-way of any or all of the corridor streets as hereinafter defined.

CONCEPT PLAN. A plan for the development of a particular lot, tract, parcel, or other body of real estate that lies within the boundaries hereby established which shows in general terms how the proposed development will conform to the development requirements established for the EZ District.

CONDITIONAL USES. All conditional uses which are permitted in the I-1 District or which were permitted (upon obtaining conditional use authorization) in any previously applicable districts shall be permitted in the EZ District.

CORRIDOR GREENBELT. That portion of the front yard of a lot that is immediately adjacent and parallel to the state's right-of-way for I-69, having a minimum depth of 30 feet from the right-of-way line.

DEVELOPMENT REQUIREMENT. A development requirement as defined in I.C. 36-7-4-1501, including any of the ADLS requirements as defined in this section, which applies to development in the EZ District.

FRONT YARD. That side of a lot, including any corner lot, which is closest to the right-of-way of any or all of the corridor streets as hereinafter defined.

FRONTLIKE FACADE. The exterior portion of a structure which is not the front, but gives the appearance of a front like facade by the materials used in construction/architectural style and detail.

INTERIOR GREENBELT. That portion of the front yard of a lot that is immediately adjacent and parallel to the right-of-way of streets in the EZ District having a minimum depth of 15 feet from the street right-of-way line.

INTERIOR PARKING. Those parking spaces located in the interior of a parking lot which create definable parking aisles away from the periphery or edge of the lot.

PERIPHERAL PARKING. Those parking spaces located at the edge or periphery of a parking lot.

PERMITTED USES. All uses which were permitted in any previously applicable zoning districts shall be permitted in the EZ District, as well as any uses which arc now or may hereafter be permitted in the I-1 zoning district.

PLAN REVIEW GROUP. A committee designated by the Plan Commission under I.C. 36-7-4-402(d), which is chaired by the Plan Commission president, and to which authority may be delegated under I.C. 36-7-4-1511(c)(2) to conduct secondary reviews and grant approvals in accordance with division (G)(3) of this section.

PUD DISTRICT ORDINANCE. The provisions of this section which meet the requirements set forth in I.C. 36-7-4-1503 and which establish the EZ District.

WAIVER. A modification of a development requirement which may be granted by the Plan Commission or a plan review group under I.C. 36-7-4-1511 in connection with the approval of a concept plan or a secondary approval, subject to the conditions set forth in division (P) or (Q) of this section.

(G) Plan Commission approval.

(1) Approval of a proposed or revised concept plan by the Plan Commission shall be required for any new structure or major structural alteration which is proposed in the EZ District. A public hearing on a proposed or revised concept plan shall be held, upon notice given at least ten days before the hearing:

(a) By publication in the Washington Times-Herald; and

(b) By service of notice on adjoining property owners. Notice to adjoining property owners shall be accomplished by first class letter with a certificate of mailing; or notices may be hand delivered if signed receipts are obtained from the adjoining property owners.

(2) After an approval of a concept plan as provided in this section, then, pursuant to a motion adopted by a majority of the Plan Commission members, either:

(a) The Commission shall proceed to grant secondary approval to the respective development pursuant to the provisions of I.C. 36-7-4-1511(c)(1) and of division (G)(3) of this section; or

(b) The Commission shall designate a plan review group to conduct secondary reviews of and grant approvals to the respective development pursuant to the provisions of I.C. 36-7-4-1511(c)(2) and of division (G)(3) of this section. Whenever a Plan Review Group is designated for a particular development, the Commission president shall have the discretion to appoint some or alt of the members of the Plan Commission to the Plan Review Group, and the Group shall meet on the call of the president. In addition, the City Engineer and Building Commissioner shall serve as ex officio members of every Plan Review Group, with the right to vote on any matter coming before the Group.

(3) (a) Plan Commission or Plan Review Group approval of the ADLS requirements shall be necessary prior to:

1. The establishment of any new use of the land;

2. The issuance of any improvement location permit;

3. The erection, construction or structural alteration of any building(s); or

4. Modification or revision of any previously granted ADLS approval.

(b) If all applicable development requirements are met without the necessity of a waiver under division (P) of this section for a major modification, the Plan Commission or Plan Review Group may, in a public meeting held in accordance with the Indiana Open Door Law (I.C. 5-14-1.5-1 et seq.)b grant secondary approval to the ADLS for a development without conducting a public hearing or publishing any notice thereof. Such approvals may include the granting of waivers for minor modifications subject to the conditions set forth in division (Q) of this section. If a major modification is requested for a development that has been referred to a Plan Review Group under division (G)(2)(B), the development proposal shall be returned to the Plan Commission for a public hearing on the major modification request, pursuant to division (P) of this section.

(4) The Plan Commission or Plan Review Group, in reviewing ADLS applications, shall examine the plan documentation and supporting information concerning the site, site plan and the surrounding area, which include but are not limited to the following items;

(a) Topography;

(b) Zoning on site;

(d) Streets, curbs and gutters, and sidewalks;

(e) Access to public streets;

(f) Driveway and curb cut locations in relation to other sites;

(g) General vehicular and pedestrian traffic;

(h) Internal site circulation;

(i) Special and general easements for public or private use;

(j) On-site and off-site surface and subsurface storm and water drainage;

(k) On-site and off-site utilities;

(l) The means and impact of sanitary sewage disposal and water supply technique;

(m) Dedication of streets and rights-of-way;

(n) Protective restrictions or covenants and/or recorded commitments;

(o) Provisions for adequate and acceptable setbacks, lighting, signage, screening, landscaping and compatibility with existing platted residential uses; and

(p) Performance bonds, which may be required to assure the completion of necessary infrastructure, and any general effects that the proposed project may have on the entire EZ District.

(5) Whenever a Plan Review Group is designated for a particular development, the Plan Review Group, in reviewing ADLS applications, shall notify appropriate officials of the city, as well as county officials having jurisdiction (including but not limited to the County Engineer and Highway Department), that an application has been submitted. The Plan Review Group shall allow those officials a period of not more than 15 days to review the application and to submit their verbal or written comments to the Plan Review Group. The Plan Review Group shall respond to any concerns or questions raised by city and county officials in its decision regarding the ADLS application.

(H) Building design standards.

(1) General standards.

(a) All structures will be evaluated on the overall appearance of the project, and each building shall be based on the quality of its design and its relationship to the surrounding area.

(b) The quality of design goes beyond the materials of construction to include scale, mass, color, proportion, and compatibility with adjoining developments.

(d) Building components, such as windows, doors, eaves and parapets, shall have good proportions and relationships to one another.

(e) Any design in which the structural frame is exposed to view, the structural materials shall be compatible within themselves and harmonious with their surroundings.

(2) Architectural design requirements.

(a) Agricultural style buildings having exterior metal walls, such as pole barns, the building front of which abuts or is adjacent to the Corridor Greenbelt, shall be prohibited. Waivers from this development requirement may be made on a case by case basis, subject to the conditions set forth in division (P) or (Q) of this section.

1. Masonry construction. All masonry construction which is composed of solid, cavity, faced or veneered-wall construction, unless otherwise approved by the Plan Review Group.

A. Stone material used for masonry construction may consist of granite, sandstone, slate, limestone, marble or other hard and durable all-weather stone, Ashlar, cut stone, and dimensioned stone construction techniques are acceptable.

B. Brick material used for masonry construction shall be composed of hard fired (kiln-fired) all-weather standard size brick or other all-weather facing brick.

C. Concrete finish or precast concrete panel (tilt wall) construction shall be exposed aggregate, bush-hammered, sand blasted or other concrete finish as approved by the Plan Review Group.

(c) The materials and finishes of exposed roofs shall complement those used for the exterior walls. Exposed roofs shall be defined as that portion of a roof visible from ground level of the EZ District or any adjacent public thoroughfare or residentially zoned or used area.

(d) Roof mounted equipment on exposed roofs shall be screened from view. The appearance of roof screens shall be coordinated with the building to maintain a unified appearance.

(e) One hundred percent of the building mechanical and electrical equipment located adjacent to the building and visible from a public thoroughfare or a residential zone or residential use shall be screened from view. The screens and enclosures shall be treated as an integral element of the building's appearance.

(f) The exposed walls and roofs of buildings shall be maintained in a clean, orderly and attractive condition; free of cracks, dents, punctures, breakage and other forms of visible malting. Materials that become excessively faded, chalked or otherwise deteriorated shall be refinished, repainted or replaced.

(g) Refuse and waste removal areas, loading berths, service yards, storage yards and exterior work areas shall be screened from view from public ways.

(3) Relationship of buildings to site.

(a) The site shall be planned to accomplish a desirable transition with the street frontage and to provide for adequate planting, safe pedestrian movement, and parking area.

(b) Site planning in which setbacks and yards are in excess of zoning restrictions is encouraged to provide an interesting relationship between buildings.

(d) Without restricting the permissible limits of any previously applicable zoning district, the height and scale of each building shall be compatible with its site and existing (or anticipated) adjoining buildings.

(e) Newly installed utility sendees, and service revisions necessitated by exterior alterations, shall be underground.

(4) Building orientation. One hundred percent of structures shall be sited to front onto streets in the EZ District to give the appearance of a front like facade on those streets.

(5) Minimum building height. One hundred percent of uses shall have a minimum building height of 14 feet for flat roof structures and 16 feet for pitched roof structures,

(6) Minimum gross floor area. One hundred percent of non-residential buildings shall have a minimum of 2,000 square feet of floor area, excluding the floor area of any basement or any accessory building(s). Waivers from this development requirement may be made on a case by case basis, subject to the conditions set forth in division (P) or (Q) of this section, Accessory buildings shall not be used in the computation of floor area. Accessory buildings permitted need not meet the minimum floor requirement.

(7) (a) Other height, hulk, arid area standards. Building setbacks, minimum lot size and lot width within the EZ Zoning District shall be the same as those denoted in the I-1 Zoning District unless otherwise indicated:

Minimum lot size	1 acre
Minimum lot width	150 feet
Front yard setback from ROW	75 feet
Rear yard setback from property line	20 feet
Side yard setback from property line (each side)	40 feet
Maximum ground area coverage (G.A.C.)	30%
Height	150 feet/5 stories

(b) Waivers from any of these development requirements may be made on a case-by-case basis, subject to the conditions set forth in division (P) or (Q) of this section.

(I) Signage standards.

(1) Signage shall be designed to be an integral part of the architectural and landscaping plans. The colors, materials and style of signage shall be architecturally compatible and accentuate the buildings and landscaping on the site. The colors, materials and lighting of every sign shall be restrained and harmonious with the building and site to which it principally relates.

(2) All signs, except private traffic direction signs, are prohibited in the required Corridor and Interior Greenbelt areas.

(3) Private traffic direction signs and pavement markings for the direction and control of traffic into, out of, and within the site shall conform to the manual on uniform traffic control devices as published by the Indiana Department of Transportation.

(4) The integration of project signage to identify multiple businesses is encouraged.

(5) Off-premises commercial signage shall be prohibited in the HZ District.

(6) One hundred percent of on-premises signage shall conform to the standards and development requirements of the I-1 zoning district.

(7) Every sign shall have good scale and proportion units designed in its visual relationship to buildings and surroundings.

(8) The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's major message and shall be composed in proportion to the area of the sign face.

(9) Each sign shall be compatible with the signs on adjoining premises and shall not compete for attention.

(10) Identification signs for standardized design such as corporation logos shall conform to the criteria of all other signs.

(11) Waivers from any of these development requirements may be made on a case by case basis, subject to the conditions set forth in division (P) or (Q) of this section.

(J) Landscaping plan.

(1) Landscaping plan to be submitted. A landscaping plan shall be submitted to the Plan Review Group for its approval at the same time other plans (i.e. architectural design, lighting, parking, signage and site plans) are submitted. This plan shall be drawn to scale, including dimensions and distances, shall delineate all existing and proposed structures, private parking areas, walks, ramps for handicapped, ten-aces, driveways, signs, lighting standards, steps and other driveways, signs, lighting standards, steps and other similar structures; and shall delineate the location, size and description of all landscape materials. Landscape treatment for plazas, roads, paths, service and private parking areas shall be designed as an integral and coordinated part of the landscape plan for the entire lot.

(2) Areas to be landscaped.

(a) Greenbelt. The Corridor Greenbelt shall be suitably landscaped and shall be otherwise unoccupied except for steps, walks, terraces, driveways, lighting standards and other similar structures, but excluding private parking areas. Mounding and other innovative treatments are to be especially encouraged in this area.

(b) Planting adjacent to free-standing buildings.

1. A planting area measuring five feet in depth shall be installed adjacent to the front of the building. A planting area five feet in depth shall be installed adjacent to 100% of the other sides of the building.

2. Sidewalks may be permitted in these areas, but shall not occupy 100% of the area on any side as long as the required amount of space is landscaped, and innovative and original designs are encouraged. The adjacent planting area at the rear of a structure may be excluded if that structure is located less than 40 feet from the rear property line and sufficient peripheral planting is included to compensate for its removal.

1. There shall be a peripheral landscaping strip, ten feet in depth, located along the side of any private parking area which abuts any side or rear property line separating the parcel from any residentially zoned or used district.

2. At least one tree for each 50 lineal feet shall be planted in any peripheral landscaping strip.

(d) Planting within parking lots.

1. One hundred percent of the parking lot landscaping shall be of a quality to improve and enhance the site and its surrounding area.

2. Effective use of mounding and existing topography is encouraged. Landscaping and planting areas shall be reasonably dispersed throughout the parking area, and not less than 5% of a private parking lot shall be landscaped.

3. For purposes of this computation, landscaping:

A. In the Corridor Greenbelt;

B. In the Interior Greenbelt;

C. Adjacent to buildings; or

D. On the periphery of the lot; shall not be included.

4. Landscaping shall be specifically provided at the ends of parking rows and as a means of separating parking from major circulation aisles within lots.

(3) Landscaping standards.

(b) The primary landscaping materials used in both the Corridor Greenbelt and the Interior Greenbelt adjacent to buildings shall consist of one or a combination of the following: shade trees, ornamental trees, shrubs, ground covers, crass, mulches, and the like.

(c) The primary landscaping materials used in and around private parking areas shall be trees which provide shade at maturity. Shrubbery, hedges and other planting material may be used to complement tree landscaping, but shall not be the sole contribution to the landscaping.

(d) One hundred percent of the shade trees proposed to be used in accordance with any landscaping plan shall be a minimum of eight feet in overall height and have a minimum trunk diameter, 12 inches above the ground, of two inches upon planting. They should be of a variety which will attain an average mature spread greater than 20 feet.

(e) Landscaping materials selected should be appropriate to local growing and climatic conditions. Wherever appropriate, existing trees should be conserved and integrated into the landscaping plan, Plant material shall be selected for interest in its structure, texture and color and for its ultimate growth, Indigenous and other hardy plants that are harmonious to the design, and of good appearance shall be used.

(f) The landscaping plan shall ensure that sign distances are not obstructed for drivers of motor vehicles.

(h) Grades of walks, parking spaces, terraces and other paved areas shall provide an inviting and stable appearance for walking and, if seating is provided, for sitting.

(i) Landscape treatment shall be provided to enhance architectural features, strengthening vistas and important access points, and provide shade. Spectacular effects shall be reserved for special locations only.

(j) Unity of design shall be achieved by repetition of certain plant varieties and other materials and by correlation with adjacent developments.

(k) In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards or other devices.

(l) Where building sites limit planting, the placement of trees in parkways or paved areas is encouraged.

(m) Screening of service yards and other places that tend to be unsightly shall be accomplished by use of walls, fencing, planting or combinations of these, Screening shall be equally effective in winter and summer.

(p) Lighting in connection with miscellaneous structures and street hardware shall meet the criteria applicable to site, landscape, buildings and signs.

(4) Landscaping installation and maintenance.

(a) Installation. One hundred percent of the landscaping required by the approved landscaping plan shall be installed prior to the issuance of a certificate of occupancy if the permit is issued during a planting season, or within six months of the date of a certificate of occupancy if issued during a non-planting season.

(b) Maintenance. It shall be the responsibility of the owners and their agencies to insure proper maintenance of the landscaping, in accordance with the standards set by this chapter and as indicated on the landscaping plan which has been approved by the Plan Review Group. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute, and keeping the area free of refuse and debris.

(c) Changes after approval. No landscaping which has been approved by the Plan Commission or Plan Review Group may later be altered, eliminated or sacrificed, without first obtaining further Plan Commission or Plan Review Group approval.

(d) Inspection. The members of the Plan Commission, the Plan Review Group, the Building Commissioner and their duly appointed representatives shall have the authority to visit any lot within the EZ District to inspect the landscaping and check it against any ADLS approval on file.

(K) Parking requirements.

(1) Parking is to be discouraged between the Corridor Greenbelt and the building(s) when other suitable areas for parking exist on the property: however, private parking may be permitted in the area between the Interior Greenbelt and the planting adjacent to the building(s) and the planting on the periphery of the property.

(2) Efforts to break up large expanses of pavement are to be encouraged if possible.

(3) The number of parking spaces required are as established in this zoning code, depending upon the intended land use.

(4) Waivers from any of the established development requirements for parking may be granted to developments which have a mixture of uses whose peak parking requirements do not coincide in time and thereby may share parking spaces, subject to the conditions set forth in division (P) or (Q) of this section. The applicant shall provide expertly prepared justification for seeking waivers (i.e., a reference such as shared parking, Urban Land Institute).

(L) Lighting requirements. In reviewing the lighting plan for a lot proposed to be developed, factors to be considered by the Plan Commission or Plan Review Group shall include but are not limited to:

(1) Safety provided by the lighting;

(2) Security provided by the lighting;

(3) Possible light spillage or place onto adjoining properties or streets. (Down-shielding is encouraged and spillage or glare onto adjoining properties is prohibited.);

(4) Attractiveness of the lighting standards and their compatibility with the overall treatment of the property;

(5) Height and placement of lighting standards considering the use; and

(M) Access to individual sites.

(1) I-69 Corridor. I-69, by its functional nature, is a limited access highway. Therefore, in order to provide safe and sufficient traffic movement to and from adjacent lands and to protect the functional integrity of the corridor's primary thoroughfares, in many cases frontage roads, access roads, and distributor roads will have to be built. The roads shall be coordinated with those of contiguous lots and designed to preserve the aesthetic benefits provided by both the Corridor and Interior Greenbelt areas. Access at the side or rear of buildings is encouraged. New access points onto the primary thoroughfares in the corridor shall be coordinated with existing access points whenever possible. The following curb cut policy shall apply throughout the EZ District.

(2) Curb cuts.

(a) No more than one for each 400 feet of frontage on any public right-of-way, except as may be specifically approved by the City Engineer.

(b) No curb cuts within 200 feet of any intersection of public roads.

(c) Opposing curb cuts shall align squarely or be offset no less than 200 feet. Waivers from this development requirement may be made on a case by case basis, subject to the conditions set forth in division (P) or (Q) of this section.

(N) Access to potential development sites. Stub streets shall be built in 100% of the cases where adjacent lots have reasonable potential for development. Reasonable potential shall include any adjacent parcel of adequate size for commercial or residential development or any adjacent parcel so determined by the Plan Commission or Plan Review Group.

(O) Other standards.

(1) Outside storage prohibited. No outside, unenclosed storage of refuse (whether or not in containers) or outdoor display of retail merchandise shall be permitted on any lot. All refuse shall be contained completely within the principal or accessory building(s). Waivers from this development requirement may be made on a case by case basis, subject to the conditions set forth in division (P) or (Q) of this section.

(2) Loading berth requirements. Development requirements for loading berths shall be as specified in the I-1 zoning district or any previously applicable district(s), except that 100% of any loading or unloading berth or bay shall be screened from view beyond the site by landscaping or other screening.

(3) Accessory buildings and uses. All accessory buildings and uses which are permitted in the I-1 zoning district or any previously applicable zoning district(s) shall be permitted, except that the detached accessory building on any lot shall be architecturally compatible with the principal building(s) with which it is associated. All accessory buildings shall have a roof.

(4) Paving requirements. One hundred percent of parking areas shall be finished with a hard surface such as asphalt or concrete.

(5) If any building or other structure is damaged or destroyed by fire or otherwise, the repair and/or rebuilding of said building or structure must comply with the development requirements of this section.

(P) Waivers; major modifications. Pursuant to I.C. 36-7-4-1511, the Plan Commission or Plan Review Group may waive any development requirement applicable to a particular development. However, a waiver that makes a major modification in a development requirement may not be made except after a public hearing conducted by the Plan Commission, and on the condition that all three of the following findings are made:

(1) Harmony. The waiver shall be in harmony with the general statements of purpose, intent, and significance which are set forth above in divisions (A) and (B) of this section.

(2) Access. The waiver shall not produce a site plan or circulation system that would be impractical or detract from the appearance of the development, or detract from the appearance of the EZ District generally, nor shall it adversely affect emergency vehicle access, nor shall it deprive neighboring properties of adequate light and air.

(3) Site design. The waiver shall result in enhanced site design characteristics, such as but not limited to any of the following: increased landscaping treatment, tree preservation, public art, provisions for bicycle access, or reduced surface parking with provisions for above or below ground parking facilities.

(Q) Waivers; minor modifications. The Plan Commission or Plan Review Group may, in apublic meeting held in accordance with the Indiana Open Door Law (I.C. 5-14-1.5-1 et seq.), grant a waiver that makes a minor modification in a development requirement without conducting a public hearing or publishing any notice. For the purposes of I.C. 36-7-4-1511(i) and this division (Q), “minor modifications” that may be made without a public hearing are modifications that do not exceed 35% of any dimensional or quantitative standard set forth in this section. All other modifications shall be considered “major modifications” and subject to division (P) of this section.

(R) Appeals. Any Plan Commission or Plan Review Group decision made under this section may be appealed within 30 days thereof to the Council, which shall then conduct a public hearing on the matter, upon the same notice as is required in division (G)(1) for a public hearing on the concept plan, and make the final decision on the concept plan, the ADLS application, the major modification, or the minor modification, as the case may be.

(S) Commitments. In connection with the approval of a concept plan as provided in division (G)(1), the Plan Commission may require or allow the owner of the affected real estate to make a commitment to the Commission concerning the use or development of the real estate, in accordance with I.C. 36-7-4-1015. In connection with the granting of a waiver or modification as provided in division (P) or (Q), the Plan Commission or Plan Review Group may require or allow the owner of the affected real estate to make a commitment to the Commission concerning the use or development of the real estate, in accordance with I.C. 36-7-4-1015.

(T) Variances. Nothing in this section shall affect the right of an owner of real estate under Indiana law to petition the Board of Zoning Appeals for a variance from development standards, as provided in I.C. 36-7-4-918.5 and this zoning code. Nothing in this section shall affect the provisions of this zoning code which govern nonconforming uses, or the authority of the Board of Zoning Appeals to determine nonconforming use issues under I.C. 36-7-4-1019 and § 155.041 of this zoning code.

(Ord. 4-2016, passed 5-9-2016; Am. Ord. 1-2017, passed 1-23-2017; Am. Ord. 20-2018, passed 11-13-2018)

Washington City Zoning Code

GENERAL USES

AND REQUIREMENTS.

§ 155.035 USE.

(Prior Code, § 156.12) (Am. Ord. 8-86, passed 7-14-1986) Penalty, see § 155.999

§ 155.036 HEIGHT.

No building shall be erected, reconstructed or structurally altered to exceed in height the limits established and specified for the use and the district in which the building is located.

(Prior Code, § 156.13) (Am. Ord. 8-86, passed 7-14-1986) Penalty, see § 155.999

§ 155.037 YARD AND LOT AREA; SIZE OF BUILDING.

(Prior Code, § 156.14) (Am. Ord. 8-86, passed 7-14-1986; Am. Ord. 20-2004, passed 10-11-2004) Penalty, see § 155.999

§ 155.038 LOTS.

(A) Every building hereafter erected shall be located on a lot which fronts on a street.

(Ord. 1-2001, passed 2-26-2001)

(Prior Code, § 156.15) (Am. Ord. 8-86, passed 7-14-1986; Am. Ord. 1-2001, passed 2-26-2001) Penalty, see § 155.999

§ 155.039 VEHICLE PARKING SPACE; LOADING AND UNLOADING BERTHS.

(B) All required spaces for residential structures shall be located on the same parcel with the residential use.

(D) All parking spaces must be a least 9 feet wide. Ninety degree, 60-degree and 45-degree lots must be 20 feet long; parallel parking spaces must be 23 feet long.

(F) All required off street parking shall be paved with bituminous, concrete or other all-weather, dust proof surfacing and shall be provided with bumper guards or barrier curbs where needed.

(H) Development Standards.

Use	Off-Street Spaces Required
Dwellings	2 for each single-family dwelling;
	3 for each two-family dwelling;
	1½ for each residence unit in a structure containing more than 2 units
Churches	1 for each 4 seats in main area
Clubs	1 for every 200 square feet of floor area
Schools:
Elementary	2 per classroom plus an off-street passenger loading zone;
Junior High	10 per classroom
High School
Hospitals and Clinics	1 for each doctor; plus 1 for each 3 regular employees; plus 1 for each 200 square feet of gross floor area; plus an off-street passenger or patient unloading area
Public Utilities and Other Service Facilities	1 for each 500 square feet of gross floor area; or 2 for each 3 regular employees, whichever is greater
Dormitories	1 off-street parking space per bed or one off-street parking space per 120 square feet of floor area; if the dormitory has individual enclosed rooms with 1 or 2 beds, furniture, and its open bathroom facilities must provide 1 parking spot per enclosed room; a parking spot must also be provided for each employee
Fraternities & Sororities	1 for every 2 members
Private Nurseries, Day Care Schools, Kindergartens, and Children Homes	1 for each regular employee plus an off-street passenger loading area
Convalescent Homes And Nursing Homes	1 for each 4 beds plus a passenger loading area
Professional Offices	1 for each 250 square feet gross floor area
Retail Business	1 for every 250 square feet of gross floor area

Use	Off-Street Spaces Required
Libraries, Museums And Art Galleries	1 for each 400 square feet
Dining Rooms, Restaurants, Taverns And Night Clubs	1 for each 200 square feet
Hotels	1 for every guest room 1 per employee on largest shift
Bowling Alleys	6 for each alley
Industrial Uses:	1 for every 600 square feet of gross floor area;
(a) Permitted Use	1 for every 2 employees on the largest shift whichever requires the greater number of spaces;
(b) Special Uses	Special uses will be determined by the Board of Zoning Appeals according to use but in no case shall the required parking be less than for permitted uses.
Combination of Uses On the Same Parcel	The sum total of the number required for each use as each determined according to the requirements set out in the zoning ordinance.

(Prior Code, § 156.16) (Am. Ord. 19-2018, passed 11-13-2018)

§ 155.040 CONDITIONAL USES; PROCEDURE.

(Ord. 7-2000, passed 5-8-2000)

(C) Permit required. A home occupation requires a conditional use permit as listed in Table 1 and as defined in Section § 155.007.

(Prior Code, § 156.17)

§ 155.041 NONCONFORMING USE SPECIFICATIONS.

(C) No building shall be erected upon any premise devoted to a nonconforming use, except in conformance with regulations of this chapter.

(G) Any nonconforming open use of land shall be discontinued within 5 years from the date of passage of this chapter [July 14, 1986].

(H) These provisions apply in the same manner to a use which may become a nonconforming use due to a later amendment to this chapter.

(Prior Code, § 156.18) (Am. Ord. 8-86, passed 7-14-1986) Penalty, see § 155.999

§ 155.042 TEMPORARY USES OF LAND OR STRUCTURES.

(1) Terminate at a specific time;

(2) Not cause traffic problems;

(3) Provide adequate parking within 300 feet of the proposed site;

(4) Direct outdoor lighting away from adjoining residential areas; and

(5) Not affect neighboring uses.

(B) Fences, hedges, driveways, curbs, retaining walls, mail boxes, lamp posts, bird baths and benches are permitted in any lot, provided they do not violate any requirements of this chapter.

(Prior Code, § 156.19)

§ 155.043 ACCESSORY USES AND STRUCTURES.

(1) Five acres in singular or contiguous parcels;

(2) Three thousand square feet;

(3) Eighteen-foot sidewall;

(4) Thirty-foot peak;

(5) Minimum of 100 feet from any property line with all other respective A-1 setbacks met;

(6) Primary structure not necessary for agricultural related accessory structure.

(Prior Code, § 156.20) (Am. Ord. 22-2021, passed 11-8-2021)

§ 155.044 SIGN REQUIREMENTS.

(A) Purpose.

(2) Any sign erected on a lot or building for the purpose of identification or for advertising a use conducted therein or thereon shall be an accessory use to the principal use.

(1) Freestanding signs are appropriate where a building is set back from the street; the architecture of the building is not conducive to a sign; or several businesses are located in 1 building.

(D) Development standards.

(1) Signs, on-premises.

(b) Districts permitted in. Business signs shall be permitted in C-1, C-2, C-3, C-4, I-1 districts.

(c) Height (above buildings). No part of any sign attached to the exterior wall of a building shall be erected to a height in excess of 6 feet above the roof line or parapet line of a building.

(f) Setback (freestanding signs). The minimum setback of free-standing signs from the street right-of-way shall not be less than 15 feet.

(g) Size of signs. The size of a business sign shall not exceed 150 square feet.

(i) Number of signs. One business sign structure may be erected on each street frontage of a lot.

(j) Permit required. A sign permit must be obtained from the Building Commissioner.

(2) Signs, off-premises.

(3) General provisions.

(a) For sale or rent signs. One “For Sale” or “For Rent” sign not more than 6 square feet in area for each dwelling unit, garage or other quarters where appropriate shall be permitted.

(b) Agricultural signs. One sign, not more than 12 square feet in area, pertaining to the sale of agricultural products raised on the premises shall be permitted in agricultural districts only.

(g) Flashing or animated signs. No intermittent flashing or animated signs shall be permitted.

(h) Building signs. Signs painted on buildings shall be regulated as any other sign.

(i) Maintenance. All signs and sign structure shall be kept in repair and in proper state of preservation.

(l) Signs in residential districts. The following signs are permitted in all residential districts:

(5) Setback. All allowable signs shall be set back 15 from any street right-of-way or property line.

(Prior Code, 156.21) (Am. Ord. 27-2004, passed 11-22-2004)

§ 155.045 MANUFACTURED HOUSING REQUIREMENTS.

(A) Purpose.

(B) Applicability.

(a) The dwelling shall meet the appropriate Exterior Appearance Standards, as hereinafter set forth in this chapter.

(b) The dwelling shall be sited in a district where use is permitted in the Schedule of Uses, as hereinafter set forth in this chapter.

(c) The dwelling shall receive all required permits and conform with the Comprehensive Plan and other ordinances of the City of Washington.

(1) A TYPE I Manufactured Home shall:

(a) Have more than 950 square feet of occupied space in a double-section or multi-section unit;

(b) Be placed onto a permanent foundation;

(d) Be anchored to the ground, in accordance with the One and Two Family Dwelling Code and to the manufacturer's specifications;

(e) Have wheels, axle and hitch mechanisms removed;

(f) Have utilities connected, in accordance with the One and Two Family Dwelling Code and manufacturer's specifications;

(i) Be a minimum of 24 feet wide.

(2) A TYPE II Manufactured Home shall:

(a) Have more than 750 square feet of occupied space in a single, double, expando or multi-section unit (including those with add-a-room units);

(b) Be placed onto a support system, in accordance with approved Installation Standards;

(c) Be enclosed with foundation siding/skirting, in accordance with approved Installation Standards, as specified in this chapter;

(d) Be anchored to the ground, in accordance with manufacturers's specifications or the ANSI/NFPA 501 A Installation Standards;

(f) Have utilities connected in accordance with manufacturer’s specifications or the ANSI/NFPA 501 A Installation Standards;

(i) Be a minimum of 24 feet wide.

(a) Have more than 750 square feet of occupied space in a single, double, expando or multi-section unit (including those with add-a-room units);

(b) Be placed onto a support system, in accordance with approved Installation Standards, as specified in this chapter;

(c) Be enclosed with foundation siding/skirting, in accordance with approved Installation Standards, as specified in this chapter; and

(d) Be anchored to the ground, in accordance with manufacturer's specifications or the ANSI/NFPA 501 A Installation Standards.

(D) Installation standards.

(2) Foundation siding/skirting (for temporary structures).

(3) Support systems.

(4) Installation. All permanent perimeter enclosures, foundation siding/skirting and support systems must be installed within 60 days after placement of home.

(E) Permits and approvals.

(b) Health Department approval for any sewage disposal or water supply, where applicable;

(d) Provide a copy of the approved instructions, which will be used for installation purposes, where applicable;

(h) Provide other information, as may be required by the Plan Commission's designated administrator for proper enforcement of this chapter;

(i) Provide an agreement signed by the home owner or authorized representative pledging compliance with the terms set by the Plan Commission in the improvement location permit;

(F) Temporary use (also see § 155.042).

(1) Circumstances for permit issuance. Subject to conditions, fees and standards otherwise required by this chapter, a temporary use permit may be issued:

(a) To an applicant to use a manufactured or mobile home as a construction office at a job site; and,

(a) If the unit is to be used for rental purposes. It must be occupied solely by the person to whom the permit is issued;

(b) If the unit is to be used for storage purposes; and

(3) Length of permit. A temporary use permit may be issued, at the discretion of the Plan Commission's designated administrator, for a period not to exceed 1 year.

(4) Permit expiration. At the time the temporary permit expires, the manufactured or mobile home and all appurtenances shall be removed from the property.

(G) Penalty for violation.

(3) Removal method. The Plan Commission's designated administrator may institute a suit in an appropriate court for injunctive relief to cause the violation to be prevented, abated or removed.

(Prior Code, § 156.22) (Ord. 1-2016, passed 3-28-2016) Penalty, see § 10.99

§ 155.046 APPEAL PROCEDURE FOR MANUFACTURED HOUSING PERMIT.

(Ord. 16-86, passed 10-13-1986; Ord. 31-98, passed 1-11-1999)

§ 155.047 DRIVE-UP BUSINESS STANDARDS.

(2) Business uses shall be limited to the characteristics customarily associated with use and no other.

(3) Car wash establishments shall provide auto waiting spaces according to the following:

(a) Not less than 3 spaces at the entrance and 3 outdoor drying and finishing spaces at the exit of each wash bay of a self-service car wash establishment; and

(b) Not less than 4 spaces at the entrance and 6 outdoor drying and finishing spaces at the exit of each wash bay of an automatic or semi-automatic car wash establishment.

(4) Drive-through establishment shall provide vehicle storage as follows:

(d) Drive-through banks, credit unions, or other financial institutions shall provide vehicle storage based on the following chart:

# of Windows	# Storage Spaces per Window	Total of Spaces
1 or 2	10	20
6 or more	3	n/a