The Zoning Map adopted with this Ordinance is hereby established as the official Zoning Map and Zoning Districts of the City of Whiting, Indiana. Said map designates the respective zoning districts in accordance with this Ordinance.

a.

Zoning Map Included. The Zoning Map is specifically identified as part of this Ordinance.

b.

Determination and Interpretation of District Boundaries. In determining the boundaries of districts, and establishing the provisions applicable to each district, due and careful consideration has been given to existing conditions, the character of buildings erected in each district, the most desirable use for which the land in each district may be adapted, and the conservation of property values throughout the areas of the City under the Plan Commission's jurisdiction.

(1)

Where uncertainty exists as to the exact boundaries of any district as shown on the Zoning Map, the following rules shall apply:

i.

In un-subdivided areas, or where a district boundary line passes though a lot, the exact location of the boundary shall be determined by use of the scale of the official plat maps prepared by the Lake County Auditor.

ii.

In the case of further uncertainty, the Plan Commission shall interpret the intent of the Zoning Map as to the location of the boundary in question.

c.

Procedure Relating to Vacated Areas. Whenever any street, place, alley, public way, railroad right-of-way, waterway, or other similar area is vacated by proper authority, the districts adjoining each side of such street, alley, public way, railroad right-of-way, or similar area shall be extended automatically to the center of such vacation and all areas included in the vacation shall then be subject to all appropriate provisions of the extended districts. In the event of a partial vacation, the adjoining district, or district nearest the portion vacated, shall be extended automatically to include all of the vacated area.

d.

Zoning of Streets, Alleys, Public Ways, and Railroad Rights-of-Way. All streets, alleys, public ways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same use district as the property immediately abutting upon these alleys, streets, public ways, and railroad rights-of-way. If the center line of a street is a boundary, the zoning of those areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to that center line.

Land use and geographic features in the City were examined and classified into zoning districts. These districts are defined on the Zoning Map. The Zoning Map shall be kept and maintained by the Zoning Administrator and shall be available for inspection by the public. Figure A: Zoning Districts shows the following districts hereby established:

a.

Intent of general use tables. The intent of the use table for each of the districts in this chapter is to give a general idea of the types of uses permitted and prohibited for each district.

(1)

This list is not meant to be comprehensive or exhaustive.

(2)

Figure 1: Land Use District Table shows the Allowed/Permitted Use by Right, and Special Exception uses within each Zoning District.

(3)

The Zoning Administrator shall have the authority to decide if the use classification is appropriate for any proposed use.

i.

The Zoning Administrator may reassign a more appropriate use classification to the project that more appropriately reflects what the project wishes to achieve.

ii.

The Zoning Administrator may use the 2007 North American Industry Classification System (NAICS) to determine a more appropriate use classification.

a.

The Recreational (REC) District is intended to provide areas within the City for public and quasi-public uses, areas for passive and active recreation, and conservation of unique and/or environmentally sensitive natural areas.

a.

No building in this District hereafter shall be constructed, altered, converted, or used in whole or in part except for:

(1)

Non-Potable Public Wells.

(2)

Essential Service Utilities.

(3)

Sporting Goods, Hobby, and Musical Instrument Stores.

(4)

Tackle Shops.

(5)

Railroad Operations.

(6)

Water Passenger Transportation.

(7)

Automated Teller Machines (ATM).

(8)

Recreational Goods Rental.

(9)

Spectator Sports.

(10)

Sports Teams and Clubs.

(11)

Museums.

(12)

Historical Sites.

(13)

Zoos and Botanical Gardens.

(14)

Public Park.

(15)

Miniature Golf.

(16)

Campgrounds.

(17)

Sidewalk Café.

(18)

Limited Service Restaurants.

(19)

Cafeterias, Delis and Buffets.

(20)

Snack and Nonalcoholic Beverage Bars.

(21)

Ice Cream Parlor.

(22)

Mobile Food Services.

(23)

Roadside Food Stand.

(24)

Roadside Produce Stand.

(25)

Drinking Places (Alcoholic Beverages).

(26)

Civic and Social Organizations.

(27)

Conference Center.

(28)

Offices of Executives, Legislative Bodies, and Other General Government Support.

(29)

Police Protection.

(30)

Fire Protection.

(31)

Highway/Municipal Garage.

(32)

Municipal Parking Lot.

(Ord. No. CC-2016-1959, § 16a, 6-21-16)

a.

The following uses may be approved after filing of a special exception petition provided they follow all provisions for this district outlined by this Ordinance:

(1)

Utilities, except Major Power Generators, Essential Service Utilities, Small Wind Energy Conversion Systems.

(2)

Small Wind Energy Conversion System.

(3)

Utility Substation.

(4)

Telecommunication Towers (except Standard Amateur Radio Antennas).

(5)

Casinos.

(6)

Other Gambling Industries.

(7)

Private Parking Lots and Garages (excluding Municipal Lots).

(8)

Religious Organizations.

a.

Accessory uses such as the following are authorized in the REC District subject to the provisions of any and all recorded restrictive covenants running with the land:

(1)

Bird baths and bird houses.

(2)

Curbs.

(3)

Driveways.

(4)

Lamp posts.

(5)

Name plates.

(6)

Parking space.

(7)

Public utility installations for local service (such as poles, lines, hydrants, and telephone booths).

(8)

Small wind energy conversion systems.

(9)

Retaining walls.

(10)

Trees, shrubs, plants, and flowers.

(11)

Walks.

b.

Approved and documented permanent outdoor sales, display, and storage shall be permitted as accessory uses.

c.

Accessory structures may not be erected before the construction of principal structures.

d.

Accessory structures shall be clearly subordinate in height, area, bulk extent, and purpose to the primary structure and shall not exceed the required heights, setbacks or area standards.

(1)

Accessory structures shall meet all setback requirements of the zoning district and shall not encroach on any platted easement except for driveways, retaining walls, trees, shrubs, plants, curbs, walks, or public utility installations.

e.

The Zoning Administrator shall determine whether or not accessory uses are permitted based on consistency of each use with the intent of the district in which it is located.

f.

The following accessory structures are permitted in the REC District and require an Improvement Location Permit certifying that all applicable property development standards and requirements of the ordinance have been met.

(1)

Approved and documented permanent outdoor sales, display and storage

(2)

Antennas and amateur radio towers over ten (10) feet of the permitted height regulations.

g.

Accessory Dwelling Units. Accessory Dwelling Units are not permitted in the REC District.

a.

A development plan review is not required within this district.

b.

Subdivision of land is permitted within this district. All subdivisions must follow requirements set forth in Section 6.0 Subdivision Control of this Ordinance.

c.

Sidewalks are required in this district.

d.

A centralized water and sewer system is required for this zoning district. The applicant shall be required to connect to a public sewer system. An individual disposal system is prohibited in this zoning district.

e.

Construction will be permitted across no more than five (5) contiguous lots provided that all of the following conditions are satisfied:

(1)

All lots have common ownership.

(2)

All lots are within the same zoning district.

(3)

Proposed construction meets all improvement standards for the district.

The purpose of building standards for the City is to establish uniform minimum standards for the occupancy to protect the health, welfare, and safety of the public.

a.

Minimum Standards. The following minimum standards shall apply to all primary structures within the City:

(1)

The structure is affixed to a permanent foundation and has proper utility connections;

(2)

The structure has conventional siding and roofing, and a six (6) inch minimum eave overhang, including appropriate guttering; and

(3)

The structure conforms with all applicable codes.

a.

[Exceptions.] No structure may be erected or changed to make its height greater than specified in the REC Development Standards Table, except for the following:

(1)

Transmission towers for electric lines.

(2)

Water tower.

b.

Amateur Radio Towers. Amateur radio towers may exceed the permitted height regulations by up to ten (10) feet but cannot interfere with business interception

c.

Small Wind Energy Conversion Systems. Small wind energy conversion systems may exceed the permitted height regulations by up to ten (10) feet in order to be within the appropriate wind pattern.

d.

Necessary Building Accessories. The following structural elements may exceed the permitted height standards by up to ten (10) feet:

(1)

Necessary mechanical appurtenances;

(2)

Water tanks;

(3)

Chimneys;

(4)

Fire towers;

(5)

Stair towers; and

(6)

Elevator bulkheads.

The following temporary uses shall be permitted in the REC district subject to approval by the Zoning Administrator based on their decision that the use will accommodate the temporary needs of properties and land uses, ensure that temporary uses do not become permanent without proper examination, and do not detrimentally affect the health, welfare, safety or morals of the neighborhood under consideration for such use.

a.

Construction Buildings. Temporary structures and buildings incidental to construction work are permitted, but must be removed upon completion of the construction.

b.

Applicable Development Standards. Temporary structures must meet all development standards for a permanent accessory structure unless otherwise specified in this section.

c.

Temporary Structure Time Limits. Any temporary structure used for a permitted primary use may be permitted for up to one (1) year, unless otherwise specified by this Ordinance.

d.

Permit Required. Permits may be issued for temporary structures or uses upon review by the Plan Commission. The following are general provisions that must be met before approval:

(1)

Temporary uses and/or structures that seek extensions of the initial time limits established in this section may renew such permit for a use and/or structure in thirty (30) consecutive day increments upon review by the Zoning Administrator.

(2)

Temporary structures and uses shall be subject to all of the regulations of the applicable zoning district.

(3)

The temporary structure or use shall not cause traffic problems. Adequate access and off-street parking facilities shall be provided.

(4)

Floodlights and other lighting shall be directed upon the premises and shall not be detrimental to adjoining properties.

(5)

Signs shall not flash or blink or resemble traffic and emergency warning signals.

(6)

Upon termination, the lot shall be put in a clean condition devoid of trash and remnants of the temporary use.

e.

Outdoor storage, sales and display, in compliance with the requirements of this Ordinance shall be permitted in the REC District for the following uses:

(1)

Outdoor Recreation Concessions.

(2)

Temporary Seasonal Kiosks.

(3)

Recreational Equipment Rental.

f.

Approved and documented permanent outdoor sales, display, and storage shall be permitted as accessory uses.

g.

Outdoor sales, display, and storage shall not be located in any setbacks, easements, right-of-way, or required off-street parking or loading areas.

(1)

Motor vehicle sales and display may be permitted in off street parking areas.

(2)

The maximum area for outdoor sales and display shall not exceed ten percent (10%).

a.

Structures, buildings or above ground tanks used for bulk storage of flammable or explosive liquids, gases or other materials shall not be closer than fifty (50) feet to the property line.

b.

Additional information regarding evidence of safety measures may be required to the Plan Commission in order to determine the public safety therein.

Outdoor lighting, where provided, shall be of a design and size that is harmonious with the design of the building, the type of land use, and the type of adjacent land uses subject to the following standards. All areas containing outdoor lighting, including but not limited to floodlighting, security, street or parking lot lighting shall comply with the requirements of this section.

a.

Shielded Lighting. All areas containing outdoor lighting shall limit light spoilage onto adjacent property, when measured at any point along a property line. Compliance shall be achieved by utilizing fixture shielding, directional control designed into fixtures, fixture location, height, or aim, or a combination of these or other factors.

b.

Installation. All lighting installations shall be designed and installed to be fully shielded (full cutoff), with the exception below, and shall have a maximum lamp wattage of two hundred fifty (250) watts, and one hundred (100) watts incandescent.

(1)

Light types exempt from full shielding:

i.

Swimming pools, splash pads or water fountains.

ii.

Exit signs and other illumination required by building codes.

iii.

Lighting for stairs and ramps, as required by the building code.

iv.

Signs regulated by the sign code, WMC Chapter 14.5 Sign Ordinance.

v.

Holiday and temporary lighting (less than forty-five (45) days use in any one (1) year).

vi.

Football, baseball, softball field, tennis court, playground, ice skating rink lighting, but only with permit from the Plan Commission recognizing that steps have been taken to minimize glare and light trespass, and utilize sensible curfews.

vii.

Low voltage landscape or pathway lighting.

c.

Lighting Controls and Timers. Controls shall be installed on lighting fixtures that automatically extinguish all outdoor lighting by day using a switching device such as a photoelectric switch, astronomic time switch or a control system such as a programmable lighting controller, building automation system, lighting energy management system or the equivalent. The Plan Commission or Zoning Administrator may determine to what extent any proposed use will require lighting controls and timers. Lighting reductions are not required for any of the following:

(1)

Code required lighting for steps, stairs, walkways, and points of ingress and egress to building and other facilities.

(2)

Motion activated lighting.

(3)

Lighting governed by special use permit in which times of operation are specifically identified.

d.

Electrical Service. The electrical service to all outdoor lighting fixtures shall be underground, unless affixed to a building.

e.

Lamps. The source of the actual light shall be halogen, metal halide, or other type that ensures true-color at night.

f.

Height Limitations. Light sources which exceed twenty-five (25) feet in height shall not be allowed, except:

(1)

Temporary holiday displays.

(2)

As required by local, state or federal regulations.

(3)

As permitted by the Plan Commission.

g.

Exceptions. The following are exempt from the ordinance:

(1)

Temporary use of low-wattage or low-voltage lighting for pubic festivals, celebrations, and the observance of holidays.

(2)

Emergency lighting and traffic control lighting.

The purpose of this section is to reduce traffic problems and hazards. Uses permitted within the REC District may include on-premise parking and loading sufficient for the needs normally generated by the use. Off street parking spaces shall be used only for the parking of vehicles of occupants, patrons, visitors, or employees and shall not be used for any kind of loading, sales, servicing or continuous storage of vehicles for more than forty-eight (48) hours. Spaces allotted to loading berths and loading areas shall not be used to satisfy parking space requirements.

a.

Nonconforming Parking, Enlargement or Alteration of Existing Structures.

(1)

No use lawfully established prior to the effective date of this section shall be required to provide and maintain the parking and loading requirements of this section, provided that parking and loading spaces required by any previous ordinance pursuant to state statutes shall be continued and maintained.

(2)

For any nonconforming use which is hereafter damaged or partially destroyed, and which is lawfully reconstructed, reestablished, or repaired, parking and loading facilities equivalent to those maintained at the time of such damage or partial destruction shall be restored and continued in operation, provided; however, it is not necessary to restore or maintain parking or loading facilities in excess of those required by this Ordinance for equivalent new uses.

(3)

When the intensity of use of any building, structure, or premises shall be increased through the addition of dwelling units, floor area, beds, seating capacity, or other unit of measurement, parking, and loading facilities shall be provided for such increase in intensity of use.

(4)

When the existing use of a building, structure, or premises shall be changed or converted to a new use permitted by this Ordinance, parking, and loading facilities shall be provided as required for the new use.

(5)

Parking and loading facilities in existence on the effective date of this section shall not be reduced below or if already less than, shall not be further reduced below, the requirements for a new use under this section.

b.

Design Flexibility.

(1)

Approved and documented permanent outdoor sales, display and storage shall be permitted as accessory uses do not require on- or off- street parking.

(2)

Due to particularities of any given development, the inflexible application of required parking spaces may result in parking and loading spaces in excess of need. Upon the written request of the applicant, the Plan Commission may authorize a reduction of required parking spaces not to exceed ten percent (10%). Approval of reduction of required parking spaces by the Plan Commission shall be in writing and shall include justification for allowing such reduction.

(3)

Upon written request by the applicant, up to twenty-five percent (25%) of the dedicated parking area may remain unpaved and in green space until such time as the need for maximum parking is determined. This decision and determination shall be at the discretion of the Plan Commission. Such green space shall not be counted toward required parking, landscaping, or buffer yards.

c.

Parking Space Dimensions.

(1)

As used in this Ordinance, the term "parking space" means an area, not including any part of a street or alley, designed or used for the temporary parking of a motor vehicle, with each parking space laid out in each of the following designs, having the following minimum dimensions:

i.

Parallel: Eight (8) feet wide by twenty (20) feet long.

ii.

Right Angle (90°): Nine (9) feet wide by eighteen (18) feet long.

iii.

Sixty Degree (60°): Nine feet eight inches (9′8″) wide by eighteen feet five inches (18′5″) long.

iv.

Forty-Five Degree (45°): Twelve (12) feet wide by seventeen (17) feet long.

(2)

The length for the right angle, sixty (60) degree, and forty-five (45) degree parking space shall be measured at right angles to the edge of usable parking area forming the angles, exclusive of passageway.

(3)

All uses which are required to provide accessible parking areas shall be required to provide the minimum number of accessible parking spaces required for said use; show the proposed dimensions and location of all such accessible parking spaces on all site plans, plats, and other plans which will be reviewed by the Plan Commission or Board of Zoning Appeals; and comply with all appropriate parking, traffic, safety, and accessibility codes

(4)

Parking isle widths shall conform to the following table:

d.

Required Parking Spaces.

(1)

Off-street parking shall be provided as shown in [Section 3.3,] Figure 2: Parking Requirements.

(2)

In determination of required parking spaces, any fraction of less than one-half (½) shall be disregarded, while a fraction one-half (½) or greater shall be counted as one parking space.

(3)

For uses not specified in this section or in the instance requirements for an adequate number of spaces is unclear, the number of spaces shall be determined by the Zoning Administrator on the basis of similar requirements, the number of persons served or employed and the capability of adequately serving the visiting public. Such determination may be reviewed by the Plan Commission or appealed to the Board of Zoning Appeals.

(4)

Unless noted in accordance with this section, the number of required automobile parking spaces shall be considered the minimum allowable number of spaces for any particular use.

(5)

Any particular use shall not have more than ten percent (10%) more parking spaces than the required minimum amount required for that specific use.

e.

Joint Use. Nonresidential uses, within the same and/or separate structures, may provide joint parking provided the total number of spaces is not less than the sum of requirements for the various uses. To the extent that developments with joint parking operate at different times, such parking spaces may be credited to both uses. The Zoning Administrator may require proof of an executed shared parking agreement.

f.

Satellite Parking. Parking shall be required on site, except as provided in this section; however, the Board of Zoning Appeals may grant satellite parking to any nonresidential use by Special Exception. At least part of such parking must be within three hundred (300) feet of the proposed use. A site development plan must accompany any such application for Special Exception and must include the following:

(1)

Adjacent streets, alleys, and lots

(2)

All uses to be served including the location, use, and number of parking spaces provided

(3)

A layout drawn to scale indicating aisles, driveways, entrances, exits, turn-off lanes, parking spaces, setbacks, drainage facilities, landscaping, lighting, pavement, and identification signs including location, size, and design

(4)

All satellite parking shall be developed, maintained and used in accordance with the approved site development plan and all other requirements.

(5)

Any change or other modification of uses served or number or parking spaces shall require amendment and re-approval by the Board of Zoning Appeals.

g.

Loading and Unloading. Uses, except those that do not receive or transport goods in quantity by truck delivery, shall be provided loading berths. Each loading and unloading berth must include a twelve (12) foot by forty-five (45) foot loading space with a fourteen (14) foot height clearance. No portion of the vehicle shall project into a street or alley and no loading berth shall be located within twenty-five (25) feet of the nearest point of intersection of any two (2) streets, nor shall be located in a required front yard or side yard adjoining a street.

h.

General Design.

(1)

Nonresidential parking or loading areas along the street front should be minimized. When possible, parking, or loading areas should be placed to the rear of the structure. All parking or loading areas shall be designed with appropriate means of movement and shall be so arranged that movement can proceed safely without posing a danger to pedestrians or other vehicles. No parking area shall be so designed as to require backing into a public street, public or private pedestrian access way, or from a public alley.

(2)

All parking or loading spaces shall be designed, arranged and regulated as to open directly upon an aisle or driveway without obstruction.

(3)

All parking areas shall be striped and channelized as appropriate. Parking spaces shall be marked and access lines clearly defined, including directional arrows to guide internal movement and directional signs as necessary.

(4)

All parking or loading areas shall be maintained in good condition and free of weeds, dirt, trash, and debris.

(5)

Parking spaces shall be provided with bumper guards or wheel stops along the perimeter of the parking area so located that no part of a parked vehicle will extend beyond the boundary of the parking area.

(6)

No more than fifteen (15) parking spaces shall be permitted in a continuous row.

(7)

All parking lots must be paved with a hard surface such as asphalt, concrete or pervious pavers.

(8)

All parking areas consisting of more than sixty (60) spaces shall provide separate pedestrian walkways. Such walkways should generally be oriented perpendicular to and between parking bays.

i.

One walkway can serve as a collector for up to four (4) rows of parking spaces.

ii.

The walkway should be a minimum of four feet wide, allowing an additional thirty (30) inches on each side for overhanging of vehicles.

iii.

All walkways should be constructed to be clearly defined through the use of material, landscaping or other form of delineation.

(9)

Any use which fronts upon and utilizes access to a primary or secondary arterial shall provide and utilize a common frontage or access lane for the purpose of access, parking and loading.

(10)

Required parking spaces may be open to the sky or enclosed in a structure. Parking structures shall be treated as any major structure and shall be subject to all applicable structural requirements of this Ordinance.

(11)

Parking structures shall be designed to be architecturally compatible with their surroundings, including appearance, size, scale, building materials, and bulk.

(12)

All parking areas shall conform to state and federal requirements regarding accessibility.

i.

Entrances/Driveways.

(1)

Entrances and driveways must be spaced away from intersections for vehicular and pedestrian safety and to reduce traffic congestion. Spacing should be as follows in the table below:

(2)

Driveway width shall be a minimum of twenty-four (24) feet for uses in the REC District.

j.

Landscaping within Off-Street Parking Areas.

(1)

All off-street parking areas containing fifteen (15) or more spaces shall be separated from all public or private street rights-of-way by a landscape screen that is a minimum of fifteen (15) feet in width. Parking areas adjacent to other developed parcels shall require a planting area that is a minimum ten (10) feet in width. Landscape buffers may be achieved through the use of earthen berms, shrubs, trees, or other appropriate materials to effectively screen the parking area from the rights-of-way.

(2)

Interior Parking Areas. Planting shall be established to break up the interior of all parking areas. Landscape planting islands shall be a minimum of eight feet (8) in width to ensure adequate room for planting. Interior landscaping shall be comprised of one canopy tree and three shrubs for every fifteen (15) parking spaces.

(3)

Lighting. Lighting provided to illuminate off-street parking areas shall be so arranged, shielded, and directed upon the parking area in such a manner as to not reflect or cause glare into adjacent properties or interfere with street traffic. Lighting shall be in accordance with the Lighting standards listed above.

(4)

Inspections. At the time the structure receives its final inspection, the completion of the landscaping in accordance with these requirements shall also be a part of the final inspection. However, if seasonal circumstances do not permit the planting of the required landscaping, the developer may post a bond in the amount of one hundred ten percent (110%) of the installed landscape cost, and may delay installation up to six (6) months. The final inspection of the landscaping shall be performed at a reasonable, later date as determined by the Administrator.

This section provides minimum standards for all landscaping required by this Ordinance.

a.

Basic Standards. This section shall apply to new property development and any expansion of existing legally conforming sites or structures that exceeds thirty-five percent (35%) of the existing site or structure.

(1)

All plant materials must be kept in a healthy condition. No artificial plants shall be considered toward minimum landscaping requirements. Dead plants must be removed and replaced as necessary.

(2)

All portions of the site where existing vegetative cover is damaged or removed, that are not otherwise covered with new improvements, shall be successfully re-vegetated with a mix of native, adaptive and drought tolerant grasses and ground covers. The density of the reestablished vegetation must be adequate to prevent soil erosion and invasion of weeds after one growing season.

(3)

All plant materials shall be installed in the best possible manner to ensure their continued viability. Shrub and flower beds must be lined with a weed barrier mesh (or similar material designed for weed control) to prevent the introduction of noxious weeds.

(4)

All required landscaping must be located on the property it serves.

(5)

All required landscaping must be located outside of any adjacent right-of-way unless otherwise stated by the Zoning Administrator.

(6)

Landscaping shall be used to screen from view uses such as trash enclosures, storage areas, mechanical equipment, loading docks, and similar items where such areas are visible from roads, sidewalks, or open space.

(7)

Non-living ground cover may include decorative gravel, bark mulch, river rock, or similar materials. Decorative elements, such as walks, decks, terraces, water features and similar features may be included. Planting beds may not contain more than fifty percent (50%) non-living ground cover.

(8)

All plants used for landscaping shall be compatible with the local climate and the soils, drainage, and water conditions of the site. When planting occurs on hillsides, slopes, drainage ways or similar natural areas, plant material should duplicate adjacent plant communities both in species composition and special distribution patterns. Whenever possible, drought-resistant varieties of plant materials shall be utilized.

(9)

Healthy trees, native vegetation and natural or significant rock outcroppings and other valuable features shall be preserved and integrated within planting areas. Existing healthy trees and shrubs that are preserved shall count towards the landscaping standards of this Section.

(10)

To ensure healthy plant materials are installed in new development, trees and shrubs shall comply with the following standards.

i.

Deciduous Trees. Deciduous trees shall be a minimum of two inches (2″) in caliper measured four (4) inches above the ground.

ii.

Coniferous Trees. Coniferous trees shall be a minimum of six (6) feet in height, measured from the top of the root ball to the top of the tree.

iii.

Ornamental Trees. Ornamental trees shall be a minimum of one and one-half (1.5) inches in caliper, measured four (4) inches above the ground.

iv.

Shrubs and Vines. Shrubs shall be a minimum of one (1) foot in height at time of planting. Vines shall be in a minimum one (1) gallon container.

(11)

Clear vision areas shall be designated in compliance with applicable requirements of the Indiana Department of Transportation, and as otherwise deemed necessary for public health and safety. Plant materials shall be limited to thirty (30) inches in height within the clear vision area to avoid visibility obstructions or blind corners at intersections.

(12)

Landscaping shall not obstruct fire hydrants or utility boxes and shall be installed so it will not grow into any overhead utility lines. Trees and shrubs shall not be planted within four (4) feet of existing overhead or underground lines.

No land shall be used or structure erected where the land is unsuitable for such use or structure due to slopes greater than ten (10) percent, adverse soil or rock formation, erosion susceptibility, low percolation rate or bearing strength, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of the community. In addition, the following standards must be met:

a.

Surface Water. It shall be the responsibility of the owner of any lot or parcel of land developed for any use to provide for adequate surface water drainage. When possible, existing natural surface drainage may be utilized. Whenever the evidence available indicates that the natural surface drainage is inadequate, the owner shall provide the parcel with an adequate surface water system which shall be integrated into the drainage pattern of surrounding properties. When the surface drainage is adequate, an easement for such surface drainage shall be provided. On-site detention shall be required where necessary to prevent harm to adjoining properties.

b.

Drainage. Drainage swales (ditches) along dedicated roadways and within the right-of-way or on dedicated drainage easements are not to be altered, except for maintenance as originally constructed and as approved by the County Highway Department, the Lake County Drainage Board, City Street Department, or Indiana Department of Transportation. Driveways may be constructed over these or other approved structures as permitted by the appropriate agency.

c.

Permanent Structures. No permanent structures other than a fence may be erected, and if erected in violation of this section, no such structure may be used if the location is within seventy-five (75) feet of the centerline of any legal tile ditch, or within seventy-five (75) feet of the existing top edge of any legal open ditch or tile unless approved by the Lake County Drainage Board and the Whiting Plan Commission.

d.

Preservation of Natural/Historic Features. Existing natural and historic features which would add value to development of natural or manmade assets of the city such as trees, streams, vistas, lakes, historical landmarks, and similar irreplaceable assets, shall be preserved through harmonious and careful design. Land to be developed shall be designed and improved as far as practical in conformity to existing topography in order to minimize stormwater runoff, and conserve the natural cover and soil.

e.

Cut/Fill Grade. No cut or fill grade shall exceed a slope of 3:1 or thirty-three and one-third percent (33⅓%). This provision shall apply to all cuts and fills exceeding one hundred (100) square feet in exposed surface area, including cuts or fills on land naturally exceeding 3:1 in slope.

f.

Erosion Prevention. All land, regardless of slope, from which structures or natural cover has been removed or otherwise destroyed, shall be appropriately graded and seeded within a reasonable time of such activity to prevent erosion.

g.

Alterations to Shoreline. No alteration of the shoreline or bed of a river or public lake shall be made until written approval is obtained from the Indiana Department of Natural Resources, and the provisions of this Ordinance are complied with. Alterations include, among other things, filling of a river or wetlands, dredging of a riverbed, and ditch excavation within one-half (½) mile of a water body.

h.

Hazardous Waste. All development must be in compliance with IC Title 7, as amended, as it relates to hazardous waste, low level nuclear waste, underground storage tanks, waste tires, and other applicable ordinances of said Title.

i.

Environmental Quality. All development must be in compliance with IC Title 13, as amended, as it relates to air pollution control, water pollution control, solid waste management, and other applicable ordinances of said Title.

j.

Waste Disposal. No waste materials such as garbage, rubbish, gasoline, oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity, or temperature so as to contaminate, pollute, or harm the waters shall be deposited, located, stored, or discharged on any lot in a way that would be likely to run off, seep, or wash into surface or ground waters.

k.

Fuel Storage. No highly flammable or explosive liquids, solids, or gases specified by the State Fire Marshal shall be stored in bulk above ground, except tanks or drums of fuel connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel except for permitted uses in an I-HIM-SZ district.

l.

Debris/Refuse. Debris and refuse shall not accumulate on any property, in any zoning district.

m.

Treatment of Fill. Bricks, concrete, lumber, and other material used for fill where permitted by this Ordinance and/or by the IDEM, DNR, or other governmental agency, shall be promptly covered and seeded.

n.

View Requirements. Where a proposed structure will eliminate more than fifty percent of an adjacent structure's view or exposure to the sun, an additional yard area setback may be required by the Administrator so that the fifty (50) percent view or exposure may be maintained.

o.

Health and Safety. No use shall be permitted which is injurious in health and safety of humans, animals, or vegetation, or which is noxious by reason of the emission of odor, visual pollution, or other undesirable nuisances which effects extend beyond the lot line where the use exists.

All sidewalks shall follow the standards set forth in WMC Chapter 15: Streets, Sidewalks and other Public Places. The following may be required in addition to the Sidewalk Ordinance.

a.

Sidewalks may be placed within required setbacks.

b.

Sidewalks must meet and connect with sidewalks on adjoining properties. The Zoning Administrator can, and may require changes to sidewalk placement to meet this requirement.

c.

Sidewalks shall remain the property of the property owner, who shall be responsible for maintenance and upkeep of sidewalks at all times.

d.

Sidewalks shall be maintained at all times to meet accessibility requirements of the Americans with Disabilities Act.

e.

Sidewalks shall have a maximum slope of five percent (5%), be a minimum of five (5) feet wide with a four (4) inch surface thickness and six (6) inch compacted aggregate base.

f.

Sidewalks shall be maintained at all times to be passable. This includes:

(1)

Removal of snow and other debris

(2)

Repair or replacement due to major cracks or other damage

g.

Shared-use paths. A shared-use path may replace the sidewalk requirement where a City approved shared-use path exists or is planned.

a.

The Single-Family Detached Residential (R-SF) District is intended to provide for moderate density single-family residential development. This district may also accommodate conservation subdivisions and/or neo-traditional subdivisions. This district allows a detached residential dwelling unit designed for and occupied by one (1) family on each residential lot.

a.

No building in this District hereafter shall be constructed, altered, converted, or used in whole or in part except for:

(1)

Non-Potable Public Wells.

(2)

Essential Service Utilities.

(3)

Home-Based Child Day Care (per IC § 36-7-4-1108).

(4)

Public Park.

(5)

Police Protection.

(6)

Fire Protection.

(7)

Single Family Detached Garage.

(8)

Single Family Attached Garage.

(9)

Municipal Parking Lot.

(Ord. No. CC-2016-1959, § 16b, 6-21-16)

a.

The following uses may be approved after filing of a special exception petition provided they follow all provisions for this district outlined by this Ordinance.

(1)

Utilities, except Major Power Generators, Essential Service Utilities, Small Wind Energy Conversion Systems.

(2)

Small Wind Energy Conversion System.

(3)

Standard Amateur Radio Antennas.

(4)

Telecommunication Towers (except Standard Amateur Radio Antennas).

(5)

Reserved.

(6)

Bed and Breakfast Inns.

(7)

Religious Organizations.

(8)

Model Homes.

(Ord. No. CC-2016-1959, § 7, 6-21-16)

a.

Accessory uses such as the following are authorized in the R-SF District subject to the provisions of any and all recorded restrictive covenants running with the land

(1)

Bird Baths and Bird Houses.

(2)

Accessory Buildings.

(3)

Accessory Garages.

(4)

Curbs.

(5)

Driveways.

(6)

Lamp Posts.

(7)

Name Plates.

(8)

Parking Space.

(9)

Public Utility Installations for Local Service (such as Poles, Lines, Hydrants, and Telephone Booths).

(10)

Retaining Walls.

(11)

Trees, Shrubs, Plants, and Flowers.

(12)

Walks.

b.

Accessory structures may not be erected before the construction of principal structures.

c.

Accessory structures shall be clearly subordinate in height, area, bulk extent, and purpose to the primary structure and shall not exceed the required heights, setbacks or area standards.

(1)

Accessory structures shall meet all setback requirements of the zoning district and shall not encroach on any platted easement except for driveways, retaining walls, trees, shrubs, plants, curbs, walks, or public utility installations.

d.

The Zoning Administrator shall determine whether or not accessory uses are permitted based on consistency of each use with the intent of the district in which it is located.

e.

The following accessory structures are permitted in the R-SF District and require an Improvement Location Permit certifying that all applicable property development standards and requirements of the ordinance have been met.

(1)

Buildings such as garages, fences, carports, enclosed patios, bath houses, gazebos, cabanas, greenhouses, storage sheds, stables, and other structures over 100 square feet in area.

(2)

Home occupation structures in accordance with this Ordinance.

(3)

Antennas and amateur radio towers exceeding the permitted height regulations by more than ten (10) feet.

f.

Garages. Attached and detached garages are permitted in the R-SF District subject to the following standards. Attached garages shall only be allowed on corner lots.

(1)

Location. Location of detached garages should follow the setback requirements set forth within this district and shall be located behind the primary building.

(2)

Wall Height. The maximum wall height shall be nine feet six inches (9′6″) above grade.

(3)

Building Height. The maximum building height shall be fifteen (15) feet, measured at the point located half-way between the top of the wall plate and the peak of the roof. Building height may be increased up to eighteen (18) feet when the pitch of the garage is designed to match the roof pitch of the primary structure.

(4)

Roof Pitch. The minimum roof pitch on detached garages shall match the roof pitch of the primary structure in keeping with the architectural character of the neighborhood, but shall not be less than a roof pitch of 4/12. Flat roofs are prohibited.

(5)

Second Story. Garages shall not have a second story. Flooring on the rafters for the purpose of creating a storage area shall not be considered a second story. Headroom in a rafter storage area shall not exceed six (6) feet.

(6)

Size. Garages shall not exceed seven hundred fifty (750) square feet in floor area.

g.

Accessory Dwelling Units. Accessory Dwelling Units are not permitted in the R-SF District

(Ord. No. CC-2016-1959, § 15, 6-21-16)

a.

A development plan review is not required within this district.

b.

Subdivision of land is permitted within this district. All subdivisions must follow requirements set forth in Section 6.0 Subdivision Control of this Ordinance.

c.

Sidewalks are required in this district.

d.

A centralized water and sewer system is required for this zoning district. The applicant shall be required to connect to a public sewer system. An individual disposal system is prohibited in this zoning district.

e.

Construction will be permitted across no more than two (2) contiguous lots provided that all of the following conditions are satisfied:

(1)

Both lots have common ownership.

(2)

Both lots are within the same zoning district.

(3)

Proposed construction meets all improvement standards for the district.

The purpose of building standards for the City is to establish uniform minimum standards for the occupancy to protect the health, welfare, and safety of the public.

a.

Minimum Standards. The following minimum standards shall apply to all primary structures within the City.

(1)

The structure is affixed to a permanent foundation and has proper utility connections;

(2)

The structure, excluding any additions or attachments, has a width of at least eighteen (18) feet at any one point, and a minimum floor area, excluding garages, porches, or attachments, of one thousand (1,000) square feet;

(3)

The structure has conventional residential siding and roofing and a six (6) inch minimum eave overhang, including appropriate guttering; and

(4)

The structure conforms with all applicable codes.

b.

The Building Standards above apply to new construction occurring after the date of the approval of this Zoning Ordinance. Legally established dwelling units existing prior to the adoption of this Zoning Ordinance shall be deemed to be legal, non-conforming uses.

a.

[Exceptions.] No structure may be erected or changed to make its height greater than specified in the R-SF Development Standards Table, except for the following:

(1)

Steeples on religious places of worship.

(2)

Spires, bell tower, and cupolas on religious places of worship or publicly owned structures.

(3)

Transmission towers for electric lines.

(4)

Water tower.

b.

Amateur Radio Towers. Amateur radio towers may exceed the permitted height regulations by up to ten (10) feet but cannot interfere with business interception

c.

Small Wind Energy Conversion Systems. Small wind energy conversion systems may exceed the permitted height regulations by up to ten (10) feet in order to be within the appropriate wind pattern.

d.

Necessary Building Accessories. The following structural elements may exceed the permitted height standards by up to ten (10) feet:

(1)

Necessary mechanical appurtenances.

(2)

Water tanks.

(3)

Chimneys.

(4)

Fire towers.

(5)

Stair towers.

(6)

Elevator bulkheads.

a.

The following temporary uses shall be permitted in the R-SF district subject to approval by the Zoning Administrator based on their decision that the use will accommodate the temporary needs or properties and land uses, ensure that temporary uses do not become permanent without proper examination, and do not detrimentally affect the health, welfare, safety, or morals of the neighborhood under consideration for such use.

(1)

Construction Buildings. Temporary structures and buildings incidental to construction work are permitted but must be removed upon completion of the construction.

(2)

Applicable Development Standards. Temporary structures must meet all development standards for a permanent accessory structure unless otherwise specified in this section.

(3)

Temporary Structure Time Limits. Any temporary structure used for a permitted primary use may be permitted for up to one (1) year, unless otherwise specified by this Ordinance.

(4)

Permit Required. Permits may be issued for temporary structures or uses upon review by the Plan Commission. The following are general provisions that must be met before approval:

i.

Temporary uses and/or structures that seek extensions of the initial time limits established in this section may renew such permit for a use and/or structure in thirty (30) consecutive day increments upon review by the Zoning Administrator.

ii.

Temporary structures and uses shall be subject to all of the regulations of the applicable zoning district.

iii.

The temporary structure or use shall not cause traffic problems. Adequate access and off-street parking facilities shall be provided.

iv.

Public address systems shall not be used in areas of concentrated residential development.

v.

Floodlights and other lighting shall be directed upon the premises and shall not be detrimental to adjoining properties.

vi.

Signs shall not flash or blink or resemble traffic and emergency warning signals.

vii.

Upon termination, the lot shall be put in a clean condition devoid of trash and remnants of the temporary use.

(5)

Garage Sale/Yard Sale. As used herein "garage or yard sale" is defined as a sale of household goods, furniture, equipment, utensils, appliances, tools, personal clothing or effects, novelty items, glassware, farm products, or similar personal property, including, but not limited to, any sale commonly termed "Porch Sale," "Yard Sale," "Lawn Sale," "Group Family Sale," "Rummage Sale," "White Elephant Sale," "Flea Market Sale," or "Attic Sale."

(6)

Any garage or yard sale may be conducted two (2) times in any one calendar year on any premises, but no such sale shall be conducted for more than three (3) consecutive days.

(7)

All items of personal property sold at such garage or yard sale shall be owned by the owner or occupier of the premises. Sale of goods or products purchased exclusively for resale and sale of consignment goods or products are prohibited.

(8)

Such garage or yard sale shall only be conducted during the hours between 8:00 a.m. and 5:00 p.m.

(9)

All personal property exhibited for sale during such garage or yard sale shall be removed from the outside and placed within a structure immediately following the last day of such sale. All signs erected for such garage or yard sale shall likewise be removed.

Outdoor lighting, where provided, shall be of a design and size that is harmonious with the design of the building, the type of land use, and the type of adjacent land uses subject to the following standards. All areas containing outdoor lighting, including but not limited to floodlighting, security, street, or parking lot lighting, shall comply with the requirements of this section.

a.

Shielded Lighting. All areas containing outdoor lighting shall limit light spoilage onto adjacent property, when measured at any point along a property line. Compliance shall be achieved by utilizing fixture shielding; directional control designed into fixtures; fixture location, height, or aim; or a combination of these or other factors.

b.

Installation. All lighting installations shall be designed and installed to be fully shielded (full cutoff), with the exceptions below. In residential areas, light should be shielded such that the lamp itself or the lamp image is not directly visible outside the property perimeter.

(1)

Light types exempt from full shielding:

i.

Lighting for stairs and ramps, as required by the building code.

ii.

Signs regulated by the sign code, WMC Chapter 14.5 Sign Ordinance.

iii.

Holiday and temporary lighting (less than forty-five (45) days use in any one year).

iv.

Low-voltage landscape or pathway lighting.

(2)

Lighting controls and timers. Lighting controls are not required for residential lighting.

c.

Electrical Service. The electrical service to all outdoor lighting fixtures shall be underground, unless affixed to a building or temporary and holiday lighting.

d.

Lamps. The source of the actual light shall be halogen, metal halide, or other type that ensures true-color at night.

e.

Height Limitations. Light sources that exceed twenty-five (25) feet in height shall not be allowed, except:

(1)

Temporary holiday displays.

(2)

As required by local, state, or federal regulations.

f.

Exceptions. The following are exempt from the ordinance:

(1)

Temporary use of low-wattage or low-voltage lighting for public festivals, celebrations, and the observance of holidays.

(2)

Emergency lighting and traffic control lighting.

The purpose of this section is to reduce traffic problems and hazards by eliminating unnecessary on-street parking. Uses permitted within the district shall include off-street parking. Off-street parking spaces shall be used only for the parking of vehicles of occupants and visitors and shall not be used for any kind of loading, sales, or servicing.

a.

Nonconforming Parking, Enlargement or Alteration of Existing Structures.

(1)

No use lawfully established prior to the effective date of this section shall be required to provide and maintain the parking and loading requirements of this section, provided that parking and loading spaces required by any previous ordinance pursuant to state statutes shall be continued and maintained.

(2)

For any nonconforming use which is hereafter damaged or partially destroyed, and which is lawfully reconstructed, reestablished, or repaired, parking and loading facilities equivalent to those maintained at the time of such damage or partial destruction shall be restored and continued in operation, provided, however, it is not necessary to restore or maintain parking or loading facilities in excess of those required by this Ordinance for equivalent new uses.

(3)

When the intensity of use of any building, structure, or premises shall be increased through the addition of dwelling units, floor area, beds, seating capacity, or other unit of measurement, parking and loading facilities shall be provided for such increase in intensity of use.

(4)

When the existing use of a building, structure, or premises shall be changed or, converted to a new use permitted by this Ordinance, parking and loading facilities shall be provided as required for the new use.

(5)

Parking and loading facilities in existence on the effective date of this section shall not be reduced below or if already less than, shall not be further reduced below the requirements for a new use under this section.

b.

Design Flexibility.

(1)

Except for providing the minimum number of off-street parking spaces required in this Ordinance for residential uses (exclusive of any commercial or lodging operations associated with residential uses), parking spaces shall not be located in required front yards.

(2)

Parking spaces for any commercial or lodging operations associated with a residential use shall be provided either in the side yards or the rear yard of such dwelling, substantially out of public view from:

i.

The street fronting the front yard or an interior lot (or both frontages on a through-lot); and

ii.

Both streets that front the side and front yards on a corner lot (or all street frontages on corner lots that run the entire length of the block).

c.

Parking Space Dimensions.

(1)

As used in this Ordinance, the term "parking space" means an area, not including any part of a street or alley, designed or used for the temporary parking of a motor vehicle, with each parking space laid out in each of the following designs, having the following minimum dimensions:

i.

Parallel: Eight (8) feet wide by twenty (20) feet long.

ii.

Right Angle (90°): Nine (9) feet wide by eighteen (18) feet long.

iii.

Sixty Degree (60°): Nine feet eight inches (9′8″) wide by eighteen feet five inches (18′5″) long.

iv.

Forty-Five Degree (45°): Twelve (12) feet wide by seventeen (17) feet long.

v.

The length for the right angle, sixty (60) degree, and forty-five (45) degree parking space shall be measured at right angles to the edge of usable parking area forming the angles, exclusive of passageway.

vi.

All uses that are required to provide accessible parking areas shall: be required to provide the minimum number of accessible parking spaces required for said use; show the proposed dimensions and location of all such accessible parking spaces on all site plans, plats, and other plans that will be reviewed by the Plan Commission or Board of Zoning Appeals; and comply with all appropriate parking, traffic, safety, and accessibility codes.

(2)

Parking aisle widths shall conform to the following table:

(3)

Parking spaces shall not be located in required front yards.

(4)

Parking on grass or dirt areas in the front, back, or side lot of any property located in any commercial or residential district shall be prohibited except for emergency response vehicles.

(5)

Driveways shall be a minimum ten (10) feet for one-way traffic and eighteen (18) feet for two-way traffic, except that a ten (10) foot driveway is permissible for two-way traffic when the driveway is not longer than fifty (50) feet and provides access to a maximum of five (5) parking spaces.

d.

Required Parking Spaces.

(1)

The minimum size for a residential off-street parking lot area shall be eight (8) feet by eighteen (18) feet.

(2)

Off-street parking shall be provided as shown in [Section 3.3,] Figure 2 :Parking Requirements.

(3)

In determination of required parking spaces, any fraction of less than one-half shall be disregarded, while a fraction one-half or greater shall be counted as one parking space.

(4)

For uses not specified in this section or in the instance requirements for an adequate number of spaces is unclear, the number of spaces shall be determined by the Zoning Administrator on the basis of similar requirements, the number of persons served or employed and the capability of adequately serving the visiting public. Such determination may be reviewed by the Plan Commission or appealed to the Board of Zoning Appeals.

(5)

Unless noted in accordance with this section, the number of required automobile parking spaces shall be considered the minimum allowable number of spaces for any particular use.

(6)

Any particular use shall not have more than ten percent (10%) more parking spaces than the required minimum amount required for that specific use.

e.

Loading and Unloading. Uses, except those that do not receive or transport goods in quantity by truck delivery, or those uses along 119th Street, shall be provided loading berths. Each loading and unloading berth must include a twelve (12) foot by forty-five (45) foot loading space with a fourteen (14) foot height clearance. No portion of the vehicle shall project into a street or alley, and no loading berth shall be located within twenty-five (25) feet of the nearest point of intersection of any two (2) streets, nor be located in a required front yard or side yard adjoining a street.

(1)

Loading and Unloading for Uses Along 119th Street. Deliveries to uses along 119th Street shall be restricted to alley ways between the hours of 6:00 a.m. and 8:00 p.m. Deliveries made between 8:00 p.m. and 6:00 a.m. may be made along 119th Street.

f.

General Design.

(1)

All parking or loading spaces shall be designed, arranged and regulated as to open directly upon an aisle or driveway without obstruction.

(2)

All parking or loading areas shall be maintained in good condition and free of weeds, dirt, trash, and debris.

(3)

All parking lots must be paved with a hard surface such as asphalt, concrete, or pervious pavers.

(4)

Required parking spaces may be open to the sky or enclosed in a structure. Parking structures shall be treated as any major structure and shall be subject to all applicable structural requirements of this Ordinance.

(5)

Parking structures shall be designed to be architecturally compatible with their surroundings, including appearance, size, scale, building materials, and bulk.

g.

Entrances/Driveways.

(1)

Entrances and driveways must be spaced away from intersections for vehicular and pedestrian safety and to reduce traffic congestion. Spacing should be as follows in the table below:

a.

No land shall be used or structure erected where the land is unsuitable for such use or structure due to slopes greater than ten (10) percent, adverse soil or rock formation, erosion susceptibility, low percolation rate or bearing strength, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of the community. In addition, the following standards must be met:

(1)

Surface Water. It shall be the responsibility of the owner of any lot or parcel of land developed for any use to provide for adequate surface water drainage. When possible, existing natural surface drainage may be utilized. Whenever the evidence available indicates that the natural surface drainage is inadequate, the owner shall provide the parcel with an adequate surface water system, which shall be integrated into the drainage pattern of surrounding properties. When the surface drainage is adequate, an easement for such surface drainage shall be provided. On-site detention shall be required where necessary to prevent harm to adjoining properties.

(2)

Drainage. Drainage swales (ditches) along dedicated roadways and within the right-of-way or on dedicated drainage easements are not to be altered, except for maintenance as originally constructed and as approved by the County Highway Department, the Lake County Drainage Board, City Street Department, or Indiana Department of Transportation. Driveways may be constructed over these or other approved structures as permitted by the appropriate agency.

(3)

Permanent Structures. No permanent structures other than a fence may be erected, and if erected in violation of this section, no such structure may be used if the location is within seventy-five (75) feet of the centerline of any legal tile ditch, or within seventy-five (75) feet of the existing top edge of any legal open ditch or tile unless approved by the Lake County Drainage Board and the Whiting Plan Commission.

(4)

Preservation of Natural/Historic Features. Existing natural and historic features that would add value to development of natural or manmade assets of the city, such as trees, streams, vistas, lakes, historical landmarks, and similar irreplaceable assets, shall be preserved through harmonious and careful design. Land to be developed shall be designed and improved as far as practical in conformity to existing topography in order to minimize stormwater runoff and conserve the natural cover and soil.

(5)

Cut/Fill Grade. No cut or fill grade shall exceed a slope of 3:1 or thirty-three and one-third percent (33⅓%). This provision shall apply to all cuts and fills exceeding one hundred (100) square feet in exposed surface area, including cuts or fills on land naturally exceeding 3:1 in slope.

(6)

Erosion Prevention. All land, regardless of slope, from which structures or natural cover has been removed or otherwise destroyed, shall be appropriately graded and seeded within a reasonable time of such activity to prevent erosion.

(7)

Alterations to Shoreline. No alteration of the shoreline or bed of a river or public lake shall be made until written approval is obtained from the Indiana Department of Natural Resources and the provisions of this Ordinance are complied with. Alterations include, among other things, filling of a river or wetlands, dredging of a riverbed, and ditch excavation within one-half (½) mile of a water body.

(8)

Hazardous Waste. All development must be in compliance with IC Title 7, as amended, as it relates to hazardous waste, low- level nuclear waste, underground storage tanks, waste tires, and other applicable ordinances of said Title.

(9)

Environmental Quality. All development must be in compliance with IC Title 13, as amended, as it relates to air pollution control, water pollution control, solid waste management, and other applicable ordinances of said Title.

(10)

Waste Disposal. No waste materials, such as garbage, rubbish, gasoline, oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity, or temperature so as to contaminate, pollute, or harm the waters, shall be deposited, located, stored, or discharged on any lot in a way that would be likely to run off, seep, or wash into surface or ground waters.

(11)

Fuel Storage. No highly flammable or explosive liquids, solids, or gases specified by the State Fire Marshal shall be stored in bulk above ground, except tanks or drums of fuel connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel, except for permitted uses in an I-HIM-SZ District.

(12)

Debris/Refuse. Debris and refuse shall not accumulate on any property in any zoning district.

(13)

Treatment of Fill. Bricks, concrete, lumber, and other material used for fill where permitted by this Ordinance and/or by the IDEM, DNR, or other governmental agency, shall be promptly covered and seeded.

(14)

View Requirements. Where a proposed structure will eliminate more than fifty percent (50%) of an adjacent structure's view or exposure to the sun, an additional yard area setback may be required by the Administrator so that the fifty percent (50%) view or exposure may be maintained.

(15)

Health and Safety. No use shall be permitted that is injurious to health and safety of humans, animals, or vegetation, or which is noxious by reason of the emission of odor, visual pollution, or other undesirable nuisances, which effects extend beyond the lot line where the use exists.

a.

All sidewalks shall follow the standards set forth in Chapter 15, Streets, Sidewalks and other Public Places. The following are required in addition to the Sidewalk Ordinance:

(1)

Sidewalks may be placed within required setbacks.

(2)

Sidewalks must meet and connect with sidewalks on adjoining properties. The Zoning Administrator can, and may require changes to sidewalk placement to meet this requirement.

(3)

Sidewalks shall remain the property of the property owner, who shall be responsible for maintenance and upkeep of sidewalks at all times.

(4)

Sidewalks shall be maintained at all times to meet accessibility requirements of the Americans with Disabilities Act.

(5)

Sidewalks shall have a maximum slope of five percent (5%), and be a minimum of five (5) feet wide with a four (4) inch surface thickness and six (6) inch compacted aggregate base.

(6)

Sidewalks shall be maintained at all times to be passable. This includes:

i.

Removal of snow and other debris.

ii.

Repair or replacement due to major cracks or other damage.

(7)

Shared-use paths. A shared-use path may replace the sidewalk requirement where a City-approved shared-use path exists or is planned.

It is the purpose and intent of this section to provide for certain types of home occupations to be conducted within a dwelling unit or accessory structure on the resident's premises. Minimum standards have been established for home occupation in order to ensure compatibility of home occupations with other uses permitted in the applicable district and to preserve the character of residential neighborhoods.

a.

Home Occupations. Home occupations shall not be permitted except in compliance with this section and other applicable law.

b.

Application for Home Occupations. An application for an Administrative Permit for a Home Occupation shall be signed by all owners and adult residents of the property in question and filed with the Zoning Administrator on forms provided by the Zoning Administrator. The Administrator shall review the application to ensure compliance with regulations for Home Occupations. The Administrative Permit is in lieu of a business license and home occupations will not need to apply for business license.

c.

Home Occupation. The following standards are applicable to all Home Occupations:

(1)

No person other than the residents of the dwelling unit on the subject premises named in the application shall be engaged in such home occupation.

(2)

No more than twenty percent (20%) of the total gross floor area of the said dwelling unit shall be used for such home occupation. The home occupation may not utilize more than fifty (50) percent of any one (1) floor of the dwelling unit.

(3)

No outdoor storage or display of products, equipment, or merchandise is permitted.

(4)

No retail sales shall be conducted on the premises.

(5)

Exterior evidence of the conduct of a home occupation is not permitted.

(6)

The home occupation shall be conducted exclusively within the dwelling unit or accessory structure.

(7)

No equipment, process, or activity shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, or electrical or television interference that is detectable to the normal senses outside the dwelling unit or accessory structure.

(8)

No traffic shall be anticipated by a home occupation in substantially greater volumes than would normally be expected for one (1) dwelling unit in a residential neighborhood. No vehicle or delivery truck shall block or interfere with normal traffic circulation.

(9)

No specific outside entrance or exit for the home occupation shall be permitted.

(10)

No use, storage, or parking of tractor trailers, semi-trucks, or heavy equipment (e.g., construction equipment) shall be permitted on or about the premises.

d.

The following uses are examples of home occupation. This list is illustrative and not meant to be exhaustive. The Zoning Administrator shall determine if the proposed business qualifies as a home occupation based on standards listed above.

(1)

Telephone answering and solicitation.

(2)

Home crafts.

(3)

Computer programming, desktop publishing.

(4)

Typing or secretarial service.

(5)

Painting, sculpting, or writing.

(6)

Dressmaking, sewing, or tailoring.

(7)

Drafting, surveying service.

(8)

Consulting services.

(9)

Mail order business, not including retail sales from site.

(10)

Sales representative, office only.

(11)

Attorney office.

(12)

Insurance sales or broker.

(13)

Real estate sales or broker.

(14)

Jewelry repair.

(15)

Shoe repair.

(16)

Carpentry, cabinet makers.

(17)

Ceramics which involve the use of a kiln.

(18)

Catering or food preparation.

(19)

Pet grooming service.

(20)

Barber or beauty shop.

(21)

Photo developing, photo studio.

(22)

Appliance repair.

e.

[Reserved.]

f.

[Reserved.]

g.

General Provisions. All home occupations shall conform to the following standards:

(1)

Approval of a home occupation is not transferable to a location other than that which was approved.

(2)

In no case shall a home occupation be open to the public at times earlier than 7:00 a.m. nor later than 9:00 p.m.

(3)

All home occupations shall be subject to periodic inspections. Reasonable notice shall be provided to the permittee prior to the time requested for an inspection.

(4)

The Administrator may impose reasonable conditions necessary to protect the public health, safety, and welfare, or to protect against a possible nuisance condition.

(5)

Administrative Permits issued by the Administrator may be revoked by the issuing authority for cause after reasonable notice to the permittee and an opportunity for hearing on the matter.

(6)

Home occupations shall commence only after the receipt of an Administrative Permit.

h.

Permit Review Process. Applications for a home occupation shall be reviewed as follows:

(1)

Application filed, with authorization from property owner.

i.

Administrator can approve or deny the application.

ii.

If approved, an Administrative Permit for the home occupation shall be issued.

iii.

Administrator may impose reasonable conditions as part of the approval.

iv.

Applicant may appeal to the Board of Zoning Appeals if application is denied or if conditions are unacceptable. On appeal of a condition(s), or denial of administrative permit, appeal must be filed within fourteen (14) days of the date of the Administrator's written notice.

(2)

The standards set forth in this section shall be incorporated as minimum conditions of approval.

i.

Enforcement. In the event the Administrator determines that the operation of any home occupation is in violation of this section or any permit condition, notice shall be provided to the permittee setting forth a description of the violation, corrective action required, and a date by which such corrective action must be accomplished. The permit may be revoked if the violation is not corrected in the manner and by the date specified in the notice in accordance with the revocation procedures applicable to Special Exceptions. In addition, violations of this section are subject to the penalties provided for in this Ordinance.

(Ord. No. CC-2016-1959, § 8, 6-21-16)

a.

The Medium Density Residential Special Zone (R-MD-SZ) District is established for residential development with a detached residential building containing two (2) dwelling units designed for occupancy by not more than two (2) families on each residential lot.

a.

No building in this district hereafter shall be constructed, altered, converted, or used in whole or in part except for:

(1)

Non-Potable Public Wells.

(2)

Essential Service Utilities.

(3)

Home-Based Child Day Care (per IC § 36-7-4-1108).

(4)

Public Park.

(5)

Police Protection.

(6)

Fire Protection.

(7)

Single Family Detached Garage.

(8)

Single Family Attached Garage.

(9)

Duplex/Two-Family.

(10)

Municipal Parking Lot.

(Ord. No. CC-2016-1959, § 16c, 6-21-16)

a.

The following uses may be approved after filing of a special exception petition provided they follow all provisions for this district outlined by this Ordinance.

(1)

Utilities, except Major Power Generators, Essential Service Utilities, Small Wind Energy Conversion Systems.

(2)

Small Wind Energy Conversion System.

(3)

Standard Amateur Radio Antennas.

(4)

Telecommunication Towers (except Standard Amateur Radio Antennas).

(5)

Home Occupation.

(6)

Bed and Breakfast Inns.

(7)

Private Parking Lots and Garages (excluding Municipal Lots).

(8)

Religious Organizations.

(9)

Model Homes.

a.

Accessory uses such as the following are authorized in the R-MD-SZ District subject to the provisions of any and all recorded restrictive covenants running with the land.

(1)

Bird Baths and Bird Houses.

(2)

Accessory Buildings.

(3)

Accessory Garages.

(4)

Curbs.

(5)

Driveways.

(6)

Lamp Posts.

(7)

Name Plates.

(8)

Parking Space.

(9)

Public Utility Installations for Local Service (such as Poles, Lines, Hydrants, and Telephone Booths).

(10)

Retaining Walls.

(11)

Trees, Shrubs, Plants, and Flowers.

(12)

Walks.

b.

Accessory structures may not be erected before the construction of principal structures.

c.

Accessory structures shall be clearly subordinate in height, area, bulk extent, and purpose to the primary structure and shall not exceed the required heights, setbacks, or area standards.

(1)

Accessory structures shall meet all setback requirements of the zoning district and shall not encroach on any platted easement except for driveways, retaining walls, trees, shrubs, plants, curbs, walks, or public utility installations.

d.

The Zoning Administrator shall determine whether accessory uses are permitted based on consistency of each use with the intent of the district in which it is located.

e.

The following accessory structures are permitted in the R-MD-SZ District and require an Improvement Location Permit certifying that all applicable property development standards and requirements of the ordinance have been met.

(1)

Buildings such as garages, carports, fences, enclosed patios, bath houses, gazebos, cabanas, greenhouses, storage sheds, stables, and other structures over one hundred (100) square feet in area.

(2)

Home occupation structures in accordance with this Ordinance.

(3)

Antennas and amateur radio towers exceeding the permitted height regulations by more than ten (10) feet.

f.

Accessory Garages. Attached and detached garages are permitted in the R-MD-SZ District subject to the following standards. Attached garages shall only be allowed on corner lots.

(1)

Location. Location of detached garages should follow the setback requirements set forth within this district and shall be located behind the primary building.

(2)

Wall Height. The maximum wall height shall be nine feet six inches (9′6″) above grade.

(3)

Building Height. The maximum building height shall be fifteen (15) feet, measured at the point located half-way between the top of the wall plate and the peak of the roof. Building height may be increased up to eighteen (18) feet when the pitch of the garage is designed to match the roof pitch of the primary structure.

(4)

Roof Pitch. The minimum roof pitch on detached garages shall match the roof pitch of the primary structure in keeping with the architectural character of the neighborhood, but shall not be less than a roof pitch of 4/12. Flat roofs are prohibited.

(5)

Second Story. Garages shall not have a second story. Flooring on the rafters for the purpose of creating a storage area shall not be considered a second floor. Headroom in a rafter storage area shall not exceed six (6) feet.

(6)

Size. Garages shall not exceed five hundred (500) square feet in floor area.

g.

Accessory Dwelling Units. Accessory Dwelling Units are not permitted in the R-MD-SZ District.

a.

A development plan review is required within this district as set forth in Section 8.0 Review and Approval of Development Plans of this Ordinance.

b.

Subdivision of land is permitted within this district. All subdivisions must follow requirements set forth in Section 6.0 Subdivision Control of this Ordinance.

c.

Sidewalks are required in this district.

d.

A centralized water and sewer system is required for this zoning district. The applicant shall be required to connect to a public sewer system. An individual disposal system is prohibited in this zoning district.

e.

Construction will be permitted across no more than two (2) contiguous lots provided that all of the following conditions are satisfied:

(1)

Both lots have common ownership.

(2)

Both lots are within the same zoning district.

(3)

Proposed construction meets all improvement standards for the district.

a.

The purpose of building standards for the City is to establish uniform minimum standards for the occupancy to protect the health, welfare and safety of the public.

(1)

Minimum Standards. The following minimum standards shall apply to all primary structures within the City:

i.

The structure is affixed to a permanent foundation and has proper utility connections;

ii.

The structure, excluding any additions or attachments, has a width of at least eighteen (18) feet at any one point, and a minimum floor area, excluding garages, porches, or attachments, of eight hundred fifty (850) square feet;

iii.

The structure has conventional residential siding and roofing and a six (6) inch minimum eave overhang, including appropriate guttering; and

iv.

The structure conforms with all applicable codes.

b.

The Building Standards above apply to new construction occurring after the date of the approval of this Zoning Ordinance. Legally established dwelling units existing prior to the adoption of this Zoning Ordinance shall be deemed to be legal, non-conforming uses.

a.

[Exceptions.] No structure may be erected or changed to make its height greater than specified in the R-MD-SZ Development Standards Table, except for the following:

(1)

Steeples on religious places of worship.

(2)

Spires, bell tower, and cupolas on religious places of worship or publicly owned structures.

(3)

Transmission towers for electric lines.

(4)

Water tower.

b.

Amateur Radio Towers. Amateur radio towers may exceed the permitted height regulations by up to ten (10) feet but cannot interfere with business interception.

c.

Small Wind Energy Conversion Systems. Small wind energy conversion systems may exceed the permitted height regulations by up to ten (10) feet in order to be within the appropriate wind pattern.

d.

Necessary Building Accessories. The following structural elements may exceed the permitted height standards by up to ten (10) feet:

(1)

Necessary mechanical appurtenances.

(2)

Water tanks.

(3)

Chimneys.

(4)

Fire towers.

(5)

Stair towers.

(6)

Elevator bulkheads.

a.

The following temporary uses shall be permitted in the R-MD-SZ district subject to approval by the Zoning Administrator based on their decision that the use will accommodate the temporary needs of properties and land uses and ensure that temporary uses do not become permanent without proper examination and do not detrimentally affect the health, welfare, safety, or morals of the neighborhood under consideration for such use.

(1)

Construction Buildings. Temporary structures and buildings incidental to construction work are permitted but must be removed upon completion of the construction.

(2)

Applicable Development Standards. Temporary structures must meet all development standards for a permanent accessory structure unless otherwise specified in this Section.

(3)

Temporary Structure Time Limits. Any temporary structure used for a permitted primary use may be permitted for up to one (1) year, unless otherwise specified by this Ordinance.

(4)

Permit Required. Permits may be issued for temporary structures or uses upon review by the Plan Commission. The following are general provisions that must be met before approval:

i.

Temporary uses and/or structures that seek extensions of the initial time limits established in this section may renew such permit for a use and/or structure in thirty (30) consecutive day increments upon review by the Zoning Administrator.

ii.

Temporary structures and uses shall be subject to all of the regulations of the applicable zoning district.

iii.

The temporary structure or use shall not cause traffic problems. Adequate access and off-street parking facilities shall be provided.

iv.

Public address systems shall not be used in areas of concentrated residential development.

v.

Floodlights and other lighting shall be directed upon the premises and shall not be detrimental to adjoining properties.

vi.

Upon termination, the lot shall be put in a clean condition devoid of trash and remnants of the temporary use.

(5)

Garage Sale/Yard Sale. As used herein "garage or yard sale" is defined as a sale of household goods, furniture, equipment, utensils, appliances, tools, personal clothing or effects, novelty items, glassware, farm products, or similar personal property, including, but not limited to, any sale commonly termed "Porch Sale," "Yard Sale," "Lawn Sale," "Group Family Sale," "Rummage Sale," "White Elephant Sale," "Flea Market Sale," or "Attic Sale."

i.

Any garage or yard sale may be conducted two (2) times in any one calendar year on any premises, but no such sale shall be conducted for more than three (3) consecutive days.

ii.

All items of personal property sold at such garage or yard sale shall be owned by the owner or occupier of the premises. Sale of goods or products purchased exclusively for resale and sale of consignment goods or products are prohibited.

iii.

Such garage or yard sale shall only be conducted during the hours between 8:00 a.m. and 5:00 p.m.

iv.

All personal property exhibited for sale during such garage or yard sale shall be removed from the outside and placed within a structure immediately following the last day of such sale. All signs erected for such garage or yard sale shall likewise be removed.

Outdoor lighting, where provided, shall be of a design and size that is harmonious with the design of the building, the type of land use, and the type of adjacent land uses subject to the following standards. All areas containing outdoor lighting, including but not limited to floodlighting, security, street, or parking lot lighting, shall comply with the requirements of this section.

a.

Shielded Lighting. All areas containing outdoor lighting shall limit light spoilage onto adjacent property, when measured at any point along a property line. Compliance shall be achieved by utilizing fixture shielding; directional control designed into fixtures; fixture location, height, or aim; or a combination of these or other factors.

b.

Installation. All lighting installations shall be designed and installed to be fully shielded (full cutoff), with the exceptions below. In residential areas, light should be shielded such that the lamp itself or the lamp image is not directly visible outside the property perimeter.

(1)

Light types exempt from full shielding:

i.

Lighting for stairs and ramps, as required by the building code.

ii.

Signs regulated by the sign code, WMC Chapter 14.5 Sign Ordinance.

iii.

Holiday and temporary lighting (less than forty-five (45) days use in any one year).

iv.

Low voltage landscape or pathway lighting.

(2)

Lighting controls and timers. Lighting controls are not required for residential lighting.

c.

Electrical Service. The electrical service to all outdoor lighting fixtures shall be underground, unless affixed to a building or temporary and holiday lighting.

d.

Lamps. The source of the actual light shall be halogen, metal halide, or other type that ensures true color at night.

e.

Height Limitations. Light sources that exceed twenty-five (25) feet in height shall not be allowed, except:

(1)

Temporary holiday displays.

(2)

As required by local, state, or federal regulations.

f.

Exceptions. The following are exempt from the Ordinance:

(1)

Temporary use of low-wattage or low-voltage lighting for public festivals, celebrations, and the observance of holidays.

(2)

Emergency lighting and traffic control lighting.

The purpose of this section is to reduce traffic problems and hazards by eliminating unnecessary on-street parking. Uses permitted within the district shall include off-street parking. Off-street parking spaces shall be used only for the parking of vehicles of occupants and visitors and shall not be used for any kind of loading, sales, servicing, or continuous storage of vehicles for more than two (2) weeks.

a.

Nonconforming Parking, Enlargement or Alteration of Existing Structures.

(1)

No use lawfully established prior to the effective date of this section shall be required to provide and maintain the parking and loading requirements of this section, provided that parking and loading spaces required by any previous ordinance pursuant to state statutes shall be continued and maintained.

(2)

For any nonconforming use that is hereafter damaged or partially destroyed, and that is lawfully reconstructed, reestablished, or repaired, parking and loading facilities equivalent to those maintained at the time of such damage or partial destruction shall be restored and continued in operation, provided, however, it is not necessary to restore or maintain parking or loading facilities in excess of those required by this Ordinance for equivalent new uses.

(3)

When the intensity of use of any building, structure, or premises shall be increased through the addition of dwelling units, floor area, beds, seating capacity, or other unit of measurement, parking and loading facilities shall be provided for such increase in intensity of use.

(4)

When the existing use of a building, structure, or premises shall be changed or converted to a new use permitted by this Ordinance, parking and loading facilities shall be provided as required for the new use.

(5)

Parking and loading facilities in existence on the effective date of this section shall not be reduced below or, if already less than, shall not be further reduced below, the requirements for a new use under this section.

b.

Design Flexibility.

(1)

Except for providing the minimum number of off-street parking spaces required in this Ordinance for residential uses (exclusive of any commercial or lodging operations associated with residential uses), parking spaces shall not be located in required front yards.

(2)

Parking spaces for any commercial or lodging operations associated with a residential use shall be provided either in the side yards or the rear yard of such dwelling, substantially out of public view from:

i.

The street fronting the front yard or an interior lot (or both frontages on a through lot); and

ii.

Both streets that front the side and front yards on a corner lot (or all street frontages on corner lots that run the entire length of the block).

c.

Parking Space Dimensions.

(1)

As used in this Ordinance, the term "parking space" means an area, not including any part of a street or alley, designed or used for the temporary parking of a motor vehicle, with each parking space laid out in one of the following designs, having the following minimum dimensions:

i.

Parallel: Eight (8) feet wide by twenty (20) feet long.

ii.

Right Angle (90°): Nine (9) feet wide by eighteen (18) feet long.

iii.

Sixty Degree (60°): Nine feet eight inches (9′8″) wide by eighteen feet five inches (18′5″) long.

iv.

Forty-Five Degree (45°): Twelve (12) feet wide by seventeen (17) feet long.

v.

The length for the right angle, sixty (60) degree, and forty-five (45) degree parking space shall be measured at right angles to the edge of usable parking area forming the angles, exclusive of passageway.

vi.

All uses that are required to provide accessible parking areas shall be required to: provide the minimum number of accessible parking spaces required for said use; show the proposed dimensions and location of all such accessible parking spaces on all site plans, plats, and other plans that will be reviewed by the Plan Commission or Board of Zoning Appeals; and comply with all appropriate parking, traffic, safety, and accessibility codes.

(2)

Parking aisle widths shall conform to the following table:

(3)

Parking spaces shall not be located in required front yards.

(4)

Parking on grass or dirt areas in the front, back, or side lot of any property located in any commercial or residential district shall be prohibited except for emergency response vehicles.

(5)

Driveways shall be a minimum ten (10) feet for one-way traffic and eighteen (18) feet for two-way traffic, except that a ten (10) foot driveway is permissible for two-way traffic when the driveway is not longer than fifty (50) feet and provides access to a maximum of five (5) parking spaces.

d.

Required Parking Spaces.

(1)

The minimum size for a residential off-street parking shall be eight (8) feet by eighteen (18) feet.

(2)

Off-street parking shall be provided as shown in [Section 3.3,] Figure 2: Parking Requirements.

(3)

In determination of required parking spaces, any fraction of less than one-half shall be disregarded, while a fraction one-half or greater shall be counted as one parking space.

(4)

For uses not specified in this section or in the instance requirements for an adequate number of spaces is unclear, the number of spaces shall be determined by the Zoning Administrator on the basis of similar requirements, the number of persons served or employed and the capability of adequately serving the visiting public. Such determination may be reviewed by the Plan Commission or appealed to the Board of Zoning Appeals.

(5)

Unless noted in accordance with this section, the number of required automobile parking spaces shall be considered the minimum allowable number of spaces for any particular use.

(6)

Any particular use shall not have more than ten percent (10%) more parking spaces than the required minimum amount required for that specific use.

e.

Loading and Unloading. Uses, except those that do not receive or transport goods in quantity by truck delivery, or those uses along 119th Street, shall be provided loading berths. Each loading and unloading berth must include a twelve (12) foot by forty-five (45) foot loading space with a fourteen (14) foot height clearance. No portion of the vehicle shall project into a street or alley and no loading berth shall be located within twenty-five (25) feet of the nearest point of intersection of any two (2) streets, nor shall be located in a required front yard or side yard adjoining a street.

(1)

Loading and Unloading for Uses Along 119th Street. Deliveries to uses along 119th Street shall be restricted to alley ways between the hours of 6:00 a.m. and 8:00 p.m. Deliveries made between 8:00 p.m. and 6:00 a.m. may be made along 119th Street.

f.

General Design.

(1)

All parking or loading spaces shall be designed, arranged, and regulated as to open directly upon an aisle or driveway without obstruction.

(2)

All parking or loading areas shall be maintained in good condition and free of weeds, dirt, trash, and debris.

(3)

All parking lots must be paved with a hard surface such as asphalt, concrete, or pervious pavers.

(4)

Required parking spaces may be open to the sky or enclosed in a structure. Parking structures shall be treated as any major structure and shall be subject to all applicable structural requirements of this Ordinance.

(5)

Parking structures shall be designed to be architecturally compatible with their surroundings, including appearance, size, scale, building materials, and bulk.

g.

Entrances/Driveways.

(1)

Entrances and driveways must be spaced away from intersections for vehicular and pedestrian safety and to reduce traffic congestion. Spacing should be as follows in the table below:

This section provides minimum standards for all landscaping required by this Ordinance.

a.

Basic Standards. This section shall apply to new property development and any expansion of existing legally conforming sites or structures that exceed thirty-five percent (35%) of the existing site or structure, except for single-family dwelling structures.

(1)

All plant materials must be kept in a healthy condition. No artificial plants shall be considered toward minimum landscaping requirements. Dead plants must be removed and replaced as necessary.

(2)

All portions of the site where existing vegetative cover is damaged or removed, that are not otherwise covered with new improvements, shall be successfully re-vegetated with a mix of native, adaptive, and drought tolerant grasses and ground covers. The density of the reestablished vegetation must be adequate to prevent soil erosion and invasion of weeds after one growing season.

(3)

All plant materials shall be installed in the best possible manner to ensure their continued viability. Shrub and flower beds must be lined with a weed barrier mesh (or similar material designed for weed control) to prevent the introduction of noxious weeds.

(4)

All required landscaping must be located on the property it serves.

(5)

All required landscaping must be located outside of any adjacent right-of-way unless otherwise stated by the Zoning Administrator.

(6)

Landscaping shall be used to screen from view uses such as trash enclosures, storage areas, mechanical equipment, loading docks, and similar items where such areas are visible from roads, sidewalks, or open space.

(7)

Non-living ground cover may include decorative gravel, bark mulch, river rock, or similar materials. Decorative elements, such as walks, decks, terraces, water features and similar features may be included. Planting beds may not contain more than fifty percent (50%) non-living ground cover.

(8)

All plants used for landscaping shall be compatible with the local climate and the soils, drainage, and water conditions of the site. When planting occurs on hillsides, slopes, drainage ways, or similar natural areas, plant material should duplicate adjacent plant communities both in species composition and special distribution patterns. Whenever possible, drought-resistant varieties of plant materials shall be utilized.

(9)

Healthy trees, native vegetation, and natural or significant rock outcroppings and other valuable features shall be preserved and integrated within planting areas. Existing healthy trees and shrubs that are preserved shall count toward the landscaping standards of this section.

(10)

To ensure healthy plant materials are installed in new development, trees and shrubs shall comply with the following standards.

i.

Deciduous Trees. Deciduous trees shall be a minimum of two inches (2″) in caliper measured four (4) inches above the ground.

ii.

Coniferous Trees. Coniferous trees shall be a minimum of six (6) feet in height, measured from the top of the root ball to the top of the tree.

iii.

Ornamental Trees. Ornamental trees shall be a minimum of one and one-half (1.5) inches in caliper, measured four (4) inches above the ground.

iv.

Shrubs and Vines. Shrubs shall be a minimum of one (1) foot in height at time of planting. Vines shall be in a minimum one (1) gallon container.

(11)

Clear vision areas shall be designated in compliance with applicable requirements of the Indiana Department of Transportation and as otherwise deemed necessary for public health and safety. Plant materials shall be limited to thirty (30) inches in height within the clear vision area to avoid visibility obstructions or blind corners at intersections.

(12)

Landscaping shall not obstruct fire hydrants or utility boxes and shall be installed so it will not grow into any overhead utility lines. Trees and shrubs shall not be planted within four (4) feet of existing overhead or underground lines.

a.

No land shall be used or structure erected where the land is unsuitable for such use or structure due to slopes greater than ten (10) percent, adverse soil or rock formation, erosion susceptibility, low percolation rate or bearing strength, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of the community. In addition, the following standards must be met:

(1)

Surface Water. It shall be the responsibility of the owner of any lot or parcel of land developed for any use to provide for adequate surface water drainage. When possible, existing natural surface drainage may be utilized. Whenever the evidence available indicates that the natural surface drainage is inadequate, the owner shall provide the parcel with an adequate surface water system which shall be integrated into the drainage pattern of surrounding properties. When the surface drainage is adequate, an easement for such surface drainage shall be provided. On-site detention shall be required where necessary to prevent harm to adjoining properties.

(2)

Drainage. Drainage swales (ditches) along dedicated roadways and within the right-of-way or on dedicated drainage easements are not to be altered, except for maintenance as originally constructed and as approved by the County Highway Department, the Lake County Drainage Board, City Street Department, or Indiana Department of Transportation. Driveways may be constructed over these or other approved structures as permitted by the appropriate agency.

(3)

Permanent Structures. No permanent structures other than a fence may be erected, and if erected in violation of this section, no such structure may be used if the location is within seventy-five (75) feet of the centerline of any legal tile ditch or within seventy-five (75) feet of the existing top edge of any legal open ditch or tile unless approved by the Lake County Drainage Board and the Whiting Plan Commission.

(4)

Preservation of Natural/Historic Features. Existing natural and historic features that would add value to development of natural or manmade assets of the city such as trees, streams, vistas, lakes, historical landmarks, and similar irreplaceable assets, shall be preserved through harmonious and careful design. Land to be developed shall be designed and improved as far as practical in conformity to existing topography in order to minimize stormwater runoff and conserve the natural cover and soil.

(5)

Cut/Fill Grade. No cut or fill grade shall exceed a slope of 3:1 or thirty-three and one-third percent (33⅓%). This provision shall apply to all cuts and fills exceeding one hundred (100) square feet in exposed surface area, including cuts or fills on land naturally exceeding three to one in slope.

(6)

Erosion Prevention. All land, regardless of slope, from which structures or natural cover has been removed or otherwise destroyed, shall be appropriately graded and seeded within a reasonable time of such activity to prevent erosion.

(7)

Alterations to Shoreline. No alteration of the shoreline or bed of a river or public lake shall be made until written approval is obtained from the Indiana Department of Natural Resources and the provisions of this Ordinance are complied with. Alterations include, among other things, filling of a river or wetlands, dredging of a riverbed, and ditch excavation within one-half (½) mile of a water body.

(8)

Hazardous Waste. All development must be in compliance with IC Title 7, as amended, as it relates to hazardous waste, low- level nuclear waste, underground storage tanks, waste tires, and other applicable ordinances of said Title.

(9)

Environmental Quality. All development must be in compliance with IC Title 13, as amended, as it relates to air pollution control, water pollution control, solid waste management, and other applicable ordinances of said Title.

(10)

Waste Disposal. No waste materials such as garbage, rubbish, gasoline, oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity, or temperature so as to contaminate, pollute, or harm the waters shall be deposited, located, stored, or discharged on any lot in a way that would be likely to run off, seep, or wash into surface or ground waters.

(11)

Fuel Storage. No highly flammable or explosive liquids, solids, or gases specified by the State Fire Marshal shall be stored in bulk above ground, except tanks or drums of fuel connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel except for permitted uses in an I-HIM-SZ District.

(12)

Debris/Refuse. Debris and refuse shall not accumulate on any property in any zoning district.

(13)

Treatment of Fill. Bricks, concrete, lumber, and other material used for fill where permitted by this Ordinance and/or by the IDEM, DNR, or other governmental agency, shall be promptly covered and seeded.

(14)

View Requirements. Where a proposed structure will eliminate more than fifty percent (50%) of an adjacent structure's view or exposure to the sun, an additional yard area setback may be required by the Administrator so that the fifty percent (50%)view or exposure may be maintained.

(15)

Health and Safety. No use shall be permitted that is injurious to the health and safety of humans, animals, or vegetation or which is noxious by reason of the emission of odor, visual pollution, or other undesirable nuisances, which effects extend beyond the lot line where the use exists.

All sidewalks shall follow the standards set forth in Chapter 15, Article III Sidewalks Ordinance. The following may be required in addition to the Sidewalk Ordinance.

a.

Sidewalks may be placed within required setbacks.

b.

Sidewalks must meet and connect with sidewalks on adjoining properties. The Zoning Administrator can and may require changes to sidewalk placement to meet this requirement.

c.

Sidewalks shall remain the property of the property owner, who shall be responsible for maintenance and upkeep of sidewalks at all times.

d.

Sidewalks shall be maintained at all times to meet accessibility requirements of the Americans with Disabilities Act.

e.

Sidewalks shall have a maximum slope of five percent (5%) and be a minimum of five (5) feet wide with a four (4) inch surface thickness and six (6) inch compacted aggregate base.

f.

Sidewalks shall be maintained at all times to be passable. This includes:

(1)

Removal of snow and other debris.

(2)

Repair or replacement due to major cracks or other damage.

g.

Shared-use paths. A shared-use path may replace the sidewalk requirement where a City-approved shared-use path exists or is planned.

It is the purpose and intent of this section to provide for certain types of home occupations to be conducted within a dwelling unit or accessory structure on the resident's premises. Minimum standards have been established for home occupation in order to ensure compatibility of home occupations with other uses permitted in the applicable district and to preserve the character of residential neighborhoods.

a.

Home Occupations. Home occupations shall not be permitted except in compliance with this section and other applicable law.

b.

Application for Home Occupations. An application for an Administrative Permit for a Home Occupation shall be signed by all owners and adult residents of the property in question and filed with the Zoning Administrator on forms provided by the Zoning Administrator. The Administrator shall review the application to ensure compliance with regulations for Home Occupations. The Administrative Permit is in lieu of a business license and home occupations will not need to apply for business license.

c.

Home Occupation. The following standards are applicable to all Home Occupations:

(1)

No person other than the residents of the dwelling unit on the subject premises named in the application shall be engaged in such home occupation.

(2)

No more than twenty percent (20%) of the total gross floor area of the said dwelling unit shall be used for such home occupation. The home occupation may not utilize more than fifty (50) percent of any one (1) floor of the dwelling unit.

(3)

No outdoor storage or display of products, equipment, or merchandise is permitted.

(4)

No retail sales shall be conducted on the premises.

(5)

Exterior evidence of the conduct of a home occupation is not permitted.

(6)

The home occupation shall be conducted exclusively within the dwelling unit or accessory structure.

(7)

No equipment, process, or activity shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, or electrical or television interference that is detectable to the normal senses outside the dwelling unit or accessory structure.

(8)

No traffic shall be anticipated by a home occupation in substantially greater volumes than would normally be expected for one (1) dwelling unit in a residential neighborhood. No vehicle or delivery truck shall block or interfere with normal traffic circulation.

(9)

No specific outside entrance or exit for the home occupation shall be permitted.

(10)

No use, storage, or parking of tractor trailers, semi-trucks, or heavy equipment (e.g., construction equipment) shall be permitted on or about the premises.

d.

The following uses are examples of home occupation. This list is illustrative and not meant to be exhaustive. The Zoning Administrator shall determine if the proposed business qualifies as a home occupation based on standards listed above.

(1)

Telephone answering and solicitation.

(2)

Home crafts.

(3)

Computer programming, desktop publishing.

(4)

Typing or secretarial service.

(5)

Painting, sculpting, or writing.

(6)

Dressmaking, sewing, or tailoring.

(7)

Drafting, surveying service.

(8)

Consulting services.

(9)

Mail order business, not including retail sales from site.

(10)

Sales representative, office only.

(11)

Attorney office.

(12)

Insurance sales or broker.

(13)

Real estate sales or broker.

(14)

Jewelry repair.

(15)

Shoe repair.

(16)

Carpentry, cabinet makers.

(17)

Ceramics which involve the use of a kiln.

(18)

Catering or food preparation.

(19)

Pet grooming service.

(20)

Barber or beauty shop.

(21)

Photo developing, photo studio.

(22)

Appliance repair.

e.

[Reserved.]

f.

[Reserved.]

g.

General Provisions. All home occupations shall conform to the following standards:

(1)

Approval of a home occupation is not transferable to a location other than that which was approved.

(2)

In no case shall a home occupation be open to the public at times earlier than 7:00 a.m. nor later than 9:00 p.m.

(3)

All home occupations shall be subject to periodic inspections. Reasonable notice shall be provided to the permittee prior to the time requested for an inspection.

(4)

The Administrator may impose reasonable conditions necessary to protect the public health, safety, and welfare, or to protect against a possible nuisance condition.

(5)

Administrative Permits issued by the Administrator may be revoked by the issuing authority for cause after reasonable notice to the permittee and an opportunity for hearing on the matter.

(6)

Home occupations shall commence only after the receipt of an Administrative Permit.

h.

Permit Review Process. Applications for a home occupation shall be reviewed as follows:

(1)

Application filed, with authorization from property owner.

i.

Administrator can approve or deny the application.

ii.

If approved, an Administrative Permit for the home occupation shall be issued.

iii.

Administrator may impose reasonable conditions as part of the approval.

iv.

Applicant may appeal to the Board of Zoning Appeals if application is denied or if conditions are unacceptable. On appeal of a condition(s), or denial of administrative permit, appeal must be filed within fourteen (14) days of the date of the Administrator's written notice.

(2)

The standards set forth in this section shall be incorporated as minimum conditions of approval.

i.

Enforcement. In the event the Administrator determines that the operation of any home occupation is in violation of this section or any permit condition, notice shall be provided to the permittee setting forth a description of the violation, corrective action required, and a date by which such corrective action must be accomplished. The permit may be revoked if the violation is not corrected in the manner and by the date specified in the notice in accordance with the revocation procedures applicable to Special Exceptions. In addition, violations of this section are subject to the penalties provided for in this Ordinance.

(Ord. No. CC-2016-1959, § 8, 6-21-16)

The High-Density Residential Special Zone (R-HD-SZ) District is established for high-density, single-family, 2-family, and multi-family residential development. This district allows a residential building designed for two (2) or more families, with the number of families not exceeding the number of dwelling units, on each residential lot.

a.

No building in this District hereafter shall be constructed, altered, converted, or used in whole or in part except for:

(1)

Non-Potable Public Wells.

(2)

Essential Service Utilities.

(3)

Continuing Care Retirement Communities.

(4)

Home-Based Child Day Care (per IC § 36-7-4-1108).

(5)

Public Park.

(6)

Police Protection.

(7)

Fire Protection.

(8)

Single Family Detached Garage.

(9)

Single Family Attached Garage.

(10)

Duplex/Two-Family.

(11)

Multi-Family Housing.

(12)

Municipal Parking Lot.

(Ord. No. CC-2016-1959, § 16d, 6-21-16)

a.

The following uses may be approved after the filing of a special exception petition, provided they follow all provisions for this district outlined by this Ordinance.

(1)

Utilities, except Major Power Generators, Essential Service Utilities, Small Wind Energy Conversion Systems.

(2)

Small Wind Energy Conversion System.

(3)

Standard Amateur Radio Antennas.

(4)

Telecommunication Towers (except Standard Amateur Radio Antennas).

(5)

Home Occupation.

(6)

Private Parking Lots and Garages (excluding Municipal Lots).

(7)

Religious Organizations.

(8)

Model Homes.

a.

Accessory uses such as the following are authorized in the R-MD-SZ District subject to the provisions of any and all recorded restrictive covenants running with the land:

(1)

Bird Baths and Bird Houses.

(2)

Accessory Buildings.

(3)

Accessory Garages.

(4)

Curbs.

(5)

Driveways.

(6)

Lamp Posts.

(7)

Name Plates.

(8)

Parking Space.

(9)

Public Utility Installations for Local Service (such as Poles, Lines, Hydrants, and Telephone Booths).

(10)

Small Wind Energy Conversion Systems.

(11)

Retaining Walls.

(12)

Trees, Shrubs, Plants, and Flowers.

(13)

Walks.

b.

Accessory structures may not be erected before the construction of principal structures.

c.

Accessory structures shall be clearly subordinate in height, area, bulk extent, and purpose to the primary structure and shall not exceed the required heights, setbacks, or area standards.

(1)

Accessory structures shall meet all setback requirements of the zoning district and shall not encroach on any platted easement except for driveways, retaining walls, trees, shrubs, plants, curbs, walks, or public utility installations.

d.

The Zoning Administrator shall determine whether or not accessory uses are permitted based on consistency of each use with the intent of the district in which it is located.

e.

The following accessory structures are permitted in the R-HD-SZ District and require an Improvement Location Permit certifying that all applicable property development standards and requirements of the ordinance have been met.

(1)

Buildings such as garages, carports, fences, enclosed patios, bath houses, gazebos, cabanas, greenhouses, storage sheds, stables, and other structures over one hundred (100) square feet in area.

(2)

Home occupation structures in accordance with this Ordinance.

(3)

Antennas and amateur radio towers over ten (10) feet of the permitted height regulations.

f.

Accessory Garages. Attached and detached garages are permitted in the R-MD-SZ District subject to the following standards. Attached garages shall only be allowed on corner lots.

(1)

Location. Location of detached garages should follow the setback requirements set forth within this district and shall be located behind the primary building.

(2)

Wall Height. The maximum wall height shall be nine feet six inches (9′6″) above grade.

(3)

Building Height. The maximum building height shall be fifteen (15) feet, measured at the point located half-way between the top of the wall plate and the peak of the roof. Building height may be increased up to eighteen (18) feet when the pitch of the garage is designed to match the roof pitch of the primary structure.

(4)

Roof Pitch. The minimum roof pitch on detached garages shall match the roof pitch of the primary structure in keeping with the architectural character of the neighborhood, but shall not be less than a roof pitch of 4/12. Flat roofs are prohibited.

(5)

Second Story. Garages shall not have a second story. Flooring on the rafters for the purpose of creating a storage area shall not be considered a second story. Headroom in a rafter storage area shall not exceed six (6) feet.

(6)

Size. Garages shall not exceed five hundred (500) square feet in floor area.

g.

Accessory Dwelling Units. Accessory Dwelling Units are not permitted in the R-HD-SZ District.

a.

A development plan review is required within this district as set forth in Section 8.0 Review and Approval of Development Plans of this Ordinance.

b.

Subdivision of land is permitted within this district. All subdivisions must follow requirements set forth in Section 6.0 Subdivision Control of this Ordinance.

c.

Sidewalks are required in this district.

d.

A centralized water and sewer system is required for this Zoning District. The applicant shall be required to connect to a public sewer system. An individual disposal system is prohibited in this zoning district.

e.

Construction will be permitted across contiguous lots provided that all of the following conditions are satisfied:

(1)

All lots have common ownership;

(2)

All lots are within the same zoning district; and

(3)

Proposed construction meets all improvement standards for the district.

(Ord. No. CC-2016-1959, § 6, 6-21-16)

The purpose of building standards for the City is to establish uniform minimum standards for the occupancy to protect the health, welfare, and safety of the public.

a.

Minimum Standards. The following minimum standards shall apply to all primary structures within the City:

(1)

The structure is affixed to a permanent foundation and has proper utility connections;

(2)

The structure, excluding any additions or attachments, has a width of at least eighteen (18) feet at any one point, and a minimum floor area, excluding garages, porches, or attachments, of eight hundred fifty (850) square feet;

(3)

The structure has conventional residential siding and roofing, and a six (6) inch minimum eave overhang, including appropriate guttering; and

(4)

The structure conforms with all applicable codes.

b.

The Building Standards above apply to new construction occurring after the date of the approval of this Zoning Ordinance. Legally established dwelling units existing prior to the adoption of this Zoning Ordinance shall be deemed to be legal, non-conforming uses.

a.

[Exceptions.] No structure may be erected or changed to make its height greater than specified in the R-HD-SZ Development Standards Table, except for the following:

(1)

Steeples on religious places of worship.

(2)

Spires, bell tower, and cupolas on religious places of worship or publicly owned structures.

(3)

Transmission towers for electric lines.

(4)

Water tower.

b.

Amateur Radio Towers. Amateur radio towers may exceed the permitted height regulations by up to ten (10) feet but cannot interfere with business interception

c.

Small Wind Energy Conversion Systems. Small wind energy conversion systems may exceed the permitted height regulations by up to ten (10) feet in order to be within the appropriate wind pattern.

d.

Necessary Building Accessories. The following structural elements may exceed the permitted height standards by up to ten (10) feet:

(1)

Necessary mechanical appurtenances;

(2)

Water tanks;

(3)

Chimneys;

(4)

Fire towers;

(5)

Stair towers; and

(6)

Elevator bulkheads.

The following temporary uses shall be permitted in the R-HD-SZ district subject to approval by the Zoning Administrator based on their decision that the use will accommodate the temporary needs of properties and land uses, ensure that temporary uses do not become permanent without proper examination, and do not detrimentally affect the health, welfare, safety, or morals of the neighborhood under consideration for such use.

a.

Construction Buildings. Temporary structures and buildings incidental to construction work are permitted, but must be removed upon completion of the construction.

b.

Applicable Development Standards. Temporary structures must meet all development standards for a permanent accessory structure unless otherwise specified in this section.

c.

Temporary Structure Time Limits. Any temporary structure used for a permitted primary use may be permitted for up to one (1) year, unless otherwise specified by this Ordinance.

d.

Permit Required. Permits may be issued for temporary structures or uses upon review by the Plan Commission. The following are general provisions that must be met before approval:

(1)

Temporary uses and/or structures that seek extensions of the initial time limits established in this section may renew such permit for a use and/or structure in thirty (30) consecutive day increments upon review by the Zoning Administrator.

(2)

Temporary structures and uses shall be subject to all of the regulations of the applicable zoning district.

(3)

The temporary structure or use shall not cause traffic problems. Adequate access and off-street parking facilities shall be provided.

(4)

Public address systems shall not be used in areas of concentrated residential development.

(5)

Floodlights and other lighting shall be directed upon the premises and shall not be detrimental to adjoining properties.

(6)

Upon termination, the lot shall be put in a clean condition devoid of trash and remnants of the temporary use.

e.

Garage Sale/Yard Sale. As used herein "garage or yard sale" is defined as a sale of household goods, furniture, equipment, utensils, appliances, tools, personal clothing or effects, novelty items, glassware, farm products, or similar personal property, including, but not limited to, any sale commonly termed "Porch Sale," "Yard Sale," "Lawn Sale," "Group Family Sale," "Rummage Sale," "White Elephant Sale," "Flea Market Sale," or "Attic Sale."

(1)

Any garage or yard sale may be conducted two (2) times in any one calendar year on any premises, but no such sale shall be conducted for more than three (3) consecutive days.

(2)

All items of personal property sold at such garage or yard sale shall be owned by the owner or occupier of the premises. Sale of goods or products purchased exclusively for resale and sale of consignment goods or products are prohibited.

(3)

Such garage or yard sale shall only be conducted during the hours between 8:00 a.m. and 5:00 p.m.

(4)

All personal property exhibited for sale during such garage or yard sale shall be removed from the outside and placed within a structure immediately following the last day of such sale. All signs erected for such garage or yard sale shall likewise be removed.

Outdoor lighting, where provided, shall be of a design and size that is harmonious with the design of the building, the type of land use, and the type of adjacent land uses subject to the following standards. All areas containing outdoor lighting, including but not limited to floodlighting, security, street or parking lot lighting shall comply with the requirements of this section.

a.

Shielded Lighting. All areas containing outdoor lighting shall limit light spoilage onto adjacent property, when measured at any point along a property line. Compliance shall be achieved by utilizing fixture shielding, directional control designed into fixtures, fixture location, height, or aim, or a combination of these or other factors.

b.

Installation. All lighting installations shall be designed and installed to be fully shielded (full cutoff), with the exceptions below. In residential areas, light should be shielded such that the lamp itself or the lamp image is not directly visible outside the property perimeter.

(1)

Light types exempt from full shielding:

i.

Swimming pools, splash pads, or water fountains.

ii.

Exit signs and other illumination required by building codes.

iii.

Lighting for stairs and ramps, as required by the building code.

iv.

Signs regulated by the sign code, WMC Chapter 14.5 Sign Ordinance.

v.

Holiday and temporary lighting (less than 45 days use in any one year).

vi.

Football, baseball, softball field, tennis court, playground, ice skating rink lighting, but only with permit from the Plan Commission recognizing that steps have been taken to minimize glare and light trespass, and utilize sensible curfews.

vii.

Low-voltage landscape or pathway lighting.

(2)

Lighting controls and timers. Lighting controls are not required for residential lighting.

c.

Electrical Service. The electrical service to all outdoor lighting fixtures shall be underground, unless affixed to a building.

d.

Lamps. The source of the actual light shall be halogen, metal halide, or other type that ensures true-color at night.

e.

Height Limitations. Light sources that exceed twenty-five (25) feet in height shall not be allowed, except:

(1)

Temporary holiday displays.

(2)

As required by local, state, or federal regulations.

f.

Exceptions. The following are exempt from the ordinance:

(1)

Temporary use of low-wattage or low-voltage lighting for pubic festivals, celebrations, and the observance of holidays.

(2)

Emergency lighting and traffic control lighting.

The purpose of this section is to reduce traffic problems and hazards by eliminating unnecessary on-street parking. Off street parking spaces shall be used only for the parking of vehicles of occupants, patrons, visitors or employees and shall not be used for any kind of loading, sales, servicing, or continuous storage of vehicles for more than forty-eight (48) hours.

a.

Nonconforming Parking, Enlargement, or Alteration of Existing Structures.

(1)

No use lawfully established prior to the effective date of this section shall be required to provide and maintain the parking and loading requirements of this section, provided that parking and loading spaces required by any previous ordinance pursuant to state statutes shall be continued and maintained.

(2)

For any nonconforming use that is hereafter damaged or partially destroyed, and that is lawfully reconstructed, reestablished, or repaired, parking and loading facilities equivalent to those maintained at the time of such damage or partial destruction shall be restored and continued in operation, provided, however, it is not necessary to restore or maintain parking or loading facilities in excess of those required by this Ordinance for equivalent new uses.

(3)

When the intensity of use of any building, structure, or premises shall be increased through the addition of dwelling units, floor area, beds, seating capacity, or other unit of measurement, parking and loading facilities shall be provided for such increase in intensity of use.

(4)

When the existing use of a building, structure or premises shall be changed or converted to a new use permitted by this Ordinance, parking and loading facilities shall be provided as required for the new use.

(5)

Parking and loading facilities in existence on the effective date of this section shall not be reduced below or if already less than, shall not be further reduced below, the requirements for a new use under this section.

b.

Design Flexibility.

(1)

Except for providing the minimum number of off-street parking spaces required in this Ordinance for residential uses (exclusive of any commercial or lodging operations associated with residential uses), parking spaces shall not be located in required front yards.

(2)

Parking spaces for any commercial or lodging operations associated with a residential use shall be provided either in the side yards or the rear yard of such dwelling, substantially out of public view from:

(3)

The street fronting the front yard or an interior lot (or both frontages on a through-lot); and

(4)

Both streets that front the side and front yards on a corner lot (or all street frontages on corner lots that run the entire length of the block)

c.

Parking Space Dimensions.

(1)

As used in this Ordinance, the term "parking space" means an area, not including any part of a street or alley, designed or used for the temporary parking of a motor vehicle, with each parking space laid out in each of the following designs, having the following minimum dimensions:

i.

Parallel: Eight (8) feet wide by twenty (20) feet long.

ii.

Right Angle (90°): Nine (9) feet wide by eighteen (18) feet long.

iii.

Sixty Degree (60°): Nine feet eight inches (9′8″) wide by eighteen feet five inches (18′5″) long.

iv.

Forty-Five Degree (45°): Twelve (12) feet wide by seventeen (17) feet long.

(2)

The length for the right-angle, sixty (60) degree, and forty-five (45) degree parking space shall be measured at right angles to the edge of usable parking area forming the angles, exclusive of passageway.

(3)

All uses that are required to provide accessible parking areas shall be required to provide the minimum number of accessible parking spaces required for said use; show the proposed dimensions and location of all such accessible parking spaces on all site plans, plats, and other plans which will be reviewed by the Plan Commission or Board of Zoning Appeals; and comply with all appropriate parking, traffic, safety, and accessibility codes.

(4)

Parking isle widths shall conform to the following table:

(5)

Parking spaces shall not be located in required front yards.

(6)

Parking on grass or dirt areas in the front, back, or side lot of any property located in any commercial or residential district shall be prohibited except for emergency response vehicles.

d.

Required Parking Spaces.

(1)

The minimum size for a residential off-street parking shall be eight (8) feet by eighteen (18) feet.

(2)

Off-street parking shall be provided as shown in [Section 3.3,] Figure 2: Parking Requirements.

(3)

On-street parking spaces along 119th Street located within one-eighth (⅛) of a mile of any 119th Street use along public street(s) may be counted toward the minimum number of parking spaces required by this Ordinance. In the event that any on-street parking that was allowed to count toward the minimum requirement is removed by the City, the existing use will not be required to make up the difference.

(4)

The parking requirements (for new spaces) of the District may be met onsite or offsite at a distance of up to one hundred fifty (150) feet from the permitted use.

(5)

In determination of required parking spaces, any fraction of less than one-half shall be disregarded, while a fraction one-half or greater shall be counted as one parking space.

(6)

For uses not specified in this section or in the instance requirements for an adequate number of spaces is unclear, the number of spaces shall be determined by the Zoning Administrator on the basis of similar requirements, the number of persons served or employed and the capability of adequately serving the visiting public. Such determination may be reviewed by the Plan Commission or appealed to the Board of Zoning Appeals.

(7)

Unless noted in accordance with this section, the number of required automobile parking spaces shall be considered the minimum allowable number of spaces for any particular use.

(8)

Any particular use shall not have more than ten percent (10%) more parking spaces than the required minimum amount required for that specific use.

e.

Loading and Unloading. Uses, except those that do not receive or transport goods in quantity by truck delivery, or those uses along 119th Street, shall be provided loading berths. Each loading and unloading berth must include a 12-foot by 45-foot loading space with a fourteen (14) foot height clearance. No portion of the vehicle shall project into a street or alley and no loading berth shall be located within twenty-five (25) feet of the nearest point of intersection of any two (2) streets, nor shall be located in a required front yard or side yard adjoining a street.

(1)

Loading and Unloading for Uses Along 119th Street. Deliveries to uses along 119th Street shall be restricted to alley ways between the hours of 6:00 a.m. and 8:00 p.m. Deliveries made between 8:00 p.m. and 6:00 a.m. may be made along 119th Street.

f.

General Design.

(1)

All parking or loading areas shall be designed with appropriate means of movement and shall be so arranged that movement can proceed safely without posing a danger to pedestrians or other vehicles. No parking area shall be so designed as to require backing into a public street, public or private pedestrian access way, or from a public alley.

(2)

All parking or loading spaces shall be designed, arranged, and regulated as to open directly upon an aisle or driveway without obstruction.

(3)

All parking areas shall be striped and channelized as appropriate. Parking spaces shall be marked and access lines clearly defined, including directional arrows to guide internal movement and directional signs as necessary.

(4)

All parking or loading areas shall be maintained in good condition and free of weeds, dirt, trash, and debris.

(5)

Parking spaces shall be provided with bumper guards or wheel stops along the perimeter of the parking area so located that no part of a parked vehicle will extend beyond the boundary of the parking area.

(6)

No more than fifteen (15) parking spaces shall be permitted in a continuous row.

(7)

All parking lots must be paved with a hard surface, such as asphalt, concrete, or pervious pavers.

(8)

All parking areas consisting of more than sixty (60) spaces shall provide separate pedestrian walkways. Such walkways should generally be oriented perpendicular to and between parking bays.

i.

One walkway can serve as a collector for up to four rows of parking spaces.

ii.

The walkway should be a minimum of four (4) feet wide, allowing an additional thirty (30) inches on each side for overhanging of vehicles.

iii.

All walkways should be constructed to be clearly defined through the use of material, landscaping or other form of delineation.

(9)

Any use that fronts upon and utilizes access to a primary or secondary arterial shall provide and utilize a common frontage or access lane for the purpose of access, parking and loading.

(10)

Required parking spaces may be open to the sky or enclosed in a structure. Parking structures shall be treated as any major structure and shall be subject to all applicable structural requirements of this Ordinance.

(11)

Parking structures shall be designed to be architecturally compatible with their surroundings, including appearance, size, scale, building materials, and bulk.

(12)

All parking areas shall conform to state and federal requirements regarding accessibility.

g.

Entrances/Driveways.

(1)

Entrances and driveways must be spaced away from intersections for vehicular and pedestrian safety and to reduce traffic congestion. Spacing should be as follows in the table below:

(2)

Driveway width shall be a minimum of twenty-four (24) feet for uses in R-HD-SZ Districts.

h.

Landscaping within Off-Street Parking Areas.

(1)

All off-street parking areas containing fifteen (15) or more spaces shall be separated from all public or private street rights-of-way by a landscape screen that is a minimum of fifteen (15) feet in width. Parking areas adjacent to other developed parcels shall require a planting area that is a minimum ten (10) feet in width. Landscape buffers may be achieved through the use of earthen berms, shrubs, trees, or other appropriate materials to effectively screen the parking area from the rights-of-way.

(2)

Interior Parking Areas. Planting shall be established to break up the interior of all parking areas. Landscape planting islands shall be a minimum of eight feet (8) in width to ensure adequate room for planting. Interior landscaping shall be comprised of one canopy tree and three (3) shrubs for every fifteen (15) parking spaces.

(3)

Lighting. Lighting provided to illuminate off-street parking areas shall be so arranged, shielded, and directed upon the parking area in such a manner as to not reflect or cause glare into adjacent properties or interfere with street traffic. Lighting shall be in accordance with the Lighting standards listed above.

(4)

Inspections. At the time the structure receives its final inspection, the completion of the landscaping in accordance with these requirements shall also be a part of the final inspection. However, if seasonal circumstances do not permit the planting of the required landscaping, the developer may post a bond in the amount of one hundred ten percent (110%) of the installed landscape cost, and may delay installation up to six (6) months. The final inspection of the landscaping shall be performed at a reasonable, later date as determined by the Zoning Administrator.

This section provides minimum standards for all landscaping required by this Ordinance.

a.

Basic Standards. This section shall apply to new property development and any expansion of existing legally conforming sites or structures that exceeds thirty-five percent (35%) of the existing site or structure, except for single-family dwelling structures.

(1)

All plant materials must be kept in a healthy condition. No artificial plants shall be considered toward minimum landscaping requirements. Dead plants must be removed and replaced as necessary.

(2)

All portions of the site where existing vegetative cover is damaged or removed, that are not otherwise covered with new improvements, shall be successfully re-vegetated with a mix of native, adaptive and drought-tolerant grasses and ground covers. The density of the reestablished vegetation must be adequate to prevent soil erosion and invasion of weeds after one growing season.

(3)

All plant materials shall be installed in the best possible manner to ensure their continued viability. Shrub and flower beds must be lined with a weed barrier mesh (or similar material designed for weed control) to prevent the introduction of noxious weeds.

(4)

All required landscaping must be located on the property it serves.

(5)

All required landscaping must be located outside of any adjacent right-of-way unless otherwise stated by the Zoning Administrator.

(6)

Landscaping shall be used to screen from view uses such as trash enclosures, storage areas, mechanical equipment, loading docks, and similar items where such areas are visible from roads, sidewalks, or open space.

(7)

Non-living ground cover may include decorative gravel, bark mulch, river rock, or similar materials. Decorative elements, such as walks, decks, terraces, water features and similar features may be included. Planting beds may not contain more than fifty percent (50%) non-living ground cover.

(8)

All plants used for landscaping shall be compatible with the local climate and the soils, drainage, and water conditions of the site. When planting occurs on hillsides, slopes, drainage ways or similar natural areas, plant material should duplicate adjacent plant communities both in species composition and special distribution patterns. Whenever possible, drought-resistant varieties of plant materials shall be utilized.

(9)

Healthy trees, native vegetation, and natural or significant rock outcroppings and other valuable features shall be preserved and integrated within planting areas. Existing healthy trees and shrubs that are preserved shall count towards the landscaping standards of this section.

(10)

To ensure healthy plant materials are installed in new development, trees and shrubs shall comply with the following standards.

i.

Deciduous Trees. Deciduous trees shall be a minimum of two inches (2″) in caliper measured four (4) inches above the ground.

ii.

Coniferous Trees. Coniferous trees shall be a minimum of six (6) feet in height, measured from the top of the root ball to the top of the tree.

iii.

Ornamental Trees. Ornamental trees shall be a minimum of one and one-half (1.5) inches in caliper, measured four (4) inches above the ground.

iv.

Shrubs and Vines. Shrubs shall be a minimum of one (1) foot in height at time of planting. Vines shall be in a minimum one (1) gallon container.

(11)

Clear vision areas shall be designated in compliance with applicable requirements of the Indiana Department of Transportation, and as otherwise deemed necessary for public health and safety. Plant materials shall be limited to thirty (30) inches in height within the clear vision area to avoid visibility obstructions or blind corners at intersections.

(12)

Landscaping shall not obstruct fire hydrants or utility boxes and shall be installed so it will not grow into any overhead utility lines. Trees and shrubs shall not be planted within four (4) feet of existing overhead or underground lines.

No land shall be used or structure erected where the land is unsuitable for such use or structure due to slopes greater than ten (10) percent, adverse soil or rock formation, erosion susceptibility, low percolation rate or bearing strength, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of the community. In addition, the following standards must be met:

a.

Surface Water. It shall be the responsibility of the owner of any lot or parcel of land developed for any use to provide for adequate surface water drainage. When possible, existing natural surface drainage may be utilized. Whenever the evidence available indicates that the natural surface drainage is inadequate, the owner shall provide the parcel with an adequate surface water system that shall be integrated into the drainage pattern of surrounding properties. When the surface drainage is adequate, an easement for such surface drainage shall be provided. On-site detention shall be required where necessary to prevent harm to adjoining properties.

b.

Drainage. Drainage swales (ditches) along dedicated roadways and within the right-of-way or on dedicated drainage easements are not to be altered, except for maintenance as originally constructed and as approved by the County Highway Department, the Lake County Drainage Board, City Street Department, or Indiana Department of Transportation. Driveways may be constructed over these or other approved structures as permitted by the appropriate agency.

c.

Permanent Structures. No permanent structures other than a fence may be erected, and if erected in violation of this section, no such structure may be used if the location is within seventy-five (75) feet of the centerline of any legal tile ditch, or within seventy-five (75) feet of the existing top edge of any legal open ditch or tile unless approved by the Lake County Drainage Board and the Whiting Plan Commission.

d.

Preservation of Natural/Historic Features. Existing natural and historic features that would add value to development of natural or manmade assets of the city, such as trees, streams, vistas, lakes, historical landmarks, and similar irreplaceable assets, shall be preserved through harmonious and careful design. Land to be developed shall be designed and improved as far as practical in conformity to existing topography in order to minimize stormwater runoff, and conserve the natural cover and soil.

e.

Cut/Fill Grade. No cut or fill grade shall exceed a slope of 3:1 or thirty-three and one-third percent (33⅓%). This provision shall apply to all cuts and fills exceeding one hundred (100) square feet in exposed surface area, including cuts or fills on land naturally exceeding 3:1 in slope.

f.

Erosion Prevention. All land, regardless of slope, from which structures or natural cover has been removed or otherwise destroyed, shall be appropriately graded and seeded within a reasonable time of such activity to prevent erosion.

g.

Alterations to Shoreline. No alteration of the shoreline or bed of a river or public lake shall be made until written approval is obtained from the Indiana Department of Natural Resources, and the provisions of this Ordinance are complied with. Alterations include, among other things, filling of a river or wetlands, dredging of a riverbed, and ditch excavation within one-half (½) mile of a water body.

h.

Hazardous Waste. All development must be in compliance with IC Title 7, as amended, as it relates to hazardous waste, low level nuclear waste, underground storage tanks, waste tires, and other applicable ordinances of said Title.

i.

Environmental Quality. All development must be in compliance with IC Title 13, as amended, as it relates to air pollution control, water pollution control, solid waste management, and other applicable ordinances of said Title.

j.

Waste Disposal. No waste materials, such as garbage, rubbish, gasoline, oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity, or temperature so as to contaminate, pollute, or harm the waters shall be deposited, located, stored, or discharged on any lot in a way that would be likely to run off, seep, or wash into surface or groundwaters.

k.

Fuel Storage. No highly flammable or explosive liquids, solids, or gases specified by the State Fire Marshal shall be stored in bulk above ground, except tanks or drums of fuel connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel except for permitted uses in an I-HIM-SZ District.

l.

Debris/Refuse. Debris and refuse shall not accumulate on any property, in any zoning district.

m.

Treatment of Fill. Bricks, concrete, lumber, and other material used for fill where permitted by this Ordinance and/or by the IDEM, DNR, or other governmental agency, shall be promptly covered and seeded.

n.

View Requirements. Where a proposed structure will eliminate more than fifty percent of an adjacent structure's view or exposure to the sun, an additional yard area setback may be required by the Zoning Administrator so that the fifty percent (50%) view or exposure may be maintained.

o.

Health and Safety. No use shall be permitted that is injurious in health and safety of humans, animals, or vegetation, or that is noxious by reason of the emission of odor, visual pollution, or other undesirable nuisances that effects extend beyond the lot line where the use exists.

All sidewalks shall follow the standards set forth in WMC Chapter 15: Article III Sidewalks ordinance. The following may be required in addition to the Sidewalk Ordinance.

a.

Sidewalks may be placed within required setbacks.

b.

Sidewalks must meet and connect with sidewalks on adjoining properties. The Zoning Administrator can, and may require changes to sidewalk placement to meet this requirement.

c.

Sidewalks shall remain the property of the property owner, who shall be responsible for maintenance and upkeep of sidewalks at all times.

d.

Sidewalks shall be maintained at all times to meet accessibility requirements of the Americans with Disabilities Act.

e.

Sidewalks shall have a maximum slope of five percent (5%), be a minimum of five (5) feet wide with a four (4) inch surface thickness and six (6) inch compacted aggregate base.

f.

Sidewalks shall be maintained at all times to be passable. This includes:

(1)

Removal of snow and other debris.

(2)

Repair or replacement due to major cracks or other damage.

g.

Shared-use paths. A shared-use path may replace the sidewalk requirement where a City approved shared-use path exists or is planned.

It is the purpose and intent of this section to provide for certain types of home occupations to be conducted within a dwelling unit or accessory structure on the resident's premises. Minimum standards have been established for home occupation in order to ensure compatibility of home occupations with other uses permitted in the applicable district and to preserve the character of residential neighborhoods.

a.

Home Occupations. Home occupations shall not be permitted except in compliance with this section and other applicable law.

b.

Application for Home Occupations. An application for an Administrative Permit for a Home Occupation shall be signed by all owners and adult residents of the property in question and filed with the Zoning Administrator on forms provided by the Zoning Administrator. The Administrator shall review the application to ensure compliance with regulations for Home Occupations. The Administrative Permit is in lieu of a business license and home occupations will not need to apply for business license.

c.

Home Occupation. The following standards are applicable to all Home Occupations:

(1)

No person other than the residents of the dwelling unit on the subject premises named in the application shall be engaged in such home occupation.

(2)

No more than twenty percent (20%) of the total gross floor area of the said dwelling unit shall be used for such home occupation. The home occupation may not utilize more than fifty (50) percent of any one (1) floor of the dwelling unit.

(3)

No outdoor storage or display of products, equipment, or merchandise is permitted.

(4)

No retail sales shall be conducted on the premises.

(5)

Exterior evidence of the conduct of a home occupation is not permitted.

(6)

The home occupation shall be conducted exclusively within the dwelling unit or accessory structure.

(7)

No equipment, process, or activity shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, or electrical or television interference that is detectable to the normal senses outside the dwelling unit or accessory structure.

(8)

No traffic shall be anticipated by a home occupation in substantially greater volumes than would normally be expected for one (1) dwelling unit in a residential neighborhood. No vehicle or delivery truck shall block or interfere with normal traffic circulation.

(9)

No specific outside entrance or exit for the home occupation shall be permitted.

(10)

No use, storage, or parking of tractor trailers, semi-trucks, or heavy equipment (e.g., construction equipment) shall be permitted on or about the premises.

d.

The following uses are examples of home occupation. This list is illustrative and not meant to be exhaustive. The Zoning Administrator shall determine if the proposed business qualifies as a home occupation based on standards listed above.

(1)

Telephone answering and solicitation.

(2)

Home crafts.

(3)

Computer programming, desktop publishing.

(4)

Typing or secretarial service.

(5)

Painting, sculpting, or writing.

(6)

Dressmaking, sewing, or tailoring.

(7)

Drafting, surveying service.

(8)

Consulting services.

(9)

Mail order business, not including retail sales from site.

(10)

Sales representative, office only.

(11)

Attorney office.

(12)

Insurance sales or broker.

(13)

Real estate sales or broker.

(14)

Jewelry repair.

(15)

Shoe repair.

(16)

Carpentry, cabinet makers.

(17)

Ceramics which involve the use of a kiln.

(18)

Catering or food preparation.

(19)

Pet grooming service.

(20)

Barber or beauty shop.

(21)

Photo developing, photo studio.

(22)

Appliance repair.

e.

[Reserved.]

f.

[Reserved.]

g.

General Provisions. All home occupations shall conform to the following standards:

(1)

Approval of a home occupation is not transferable to a location other than that which was approved.

(2)

In no case shall a home occupation be open to the public at times earlier than 7:00 a.m. nor later than 9:00 p.m.

(3)

All home occupations shall be subject to periodic inspections. Reasonable notice shall be provided to the permittee prior to the time requested for an inspection.

(4)

The Administrator may impose reasonable conditions necessary to protect the public health, safety, and welfare, or to protect against a possible nuisance condition.

(5)

Administrative Permits issued by the Administrator may be revoked by the issuing authority for cause after reasonable notice to the permittee and an opportunity for hearing on the matter.

(6)

Home occupations shall commence only after the receipt of an Administrative Permit.

h.

Permit Review Process. Applications for a home occupation shall be reviewed as follows:

(1)

Application filed, with authorization from property owner.

i.

Administrator can approve or deny the application.

ii.

If approved, an Administrative Permit for the home occupation shall be issued.

iii.

Administrator may impose reasonable conditions as part of the approval.

iv.

Applicant may appeal to the Board of Zoning Appeals if application is denied or if conditions are unacceptable. On appeal of a condition(s), or denial of administrative permit, appeal must be filed within fourteen (14) days of the date of the Administrator's written notice.

(2)

The standards set forth in this section shall be incorporated as minimum conditions of approval.

i.

Enforcement. In the event the Administrator determines that the operation of any home occupation is in violation of this section or any permit condition, notice shall be provided to the permittee setting forth a description of the violation, corrective action required, and a date by which such corrective action must be accomplished. The permit may be revoked if the violation is not corrected in the manner and by the date specified in the notice in accordance with the revocation procedures applicable to Special Exceptions. In addition, violations of this section are subject to the penalties provided for in this Ordinance.

(Ord. No. CC-2016-1959, § 8, 6-21-16)

a.

The Downtown Business Special Zone (C-DB-SZ) District is established to promote and regulate a variety of urban uses within the downtown area that will preserve and promote a level of vitality necessary for the regional attraction of commerce. This district promotes a pedestrian-oriented place by creating a relatively continuous street wall of buildings with a mixture of office, residential, and commercial uses.

a.

No building in this District hereafter shall be constructed, altered, converted, or used in whole or in part except for:

(1)

Non-Potable Public Wells.

(2)

Essential Service Utilities.

(3)

Micro-Breweries.

(4)

Micro-Wineries.

(5)

Retail Showrooms.

(6)

Furniture Stores.

(7)

Home Furnishing Stores.

(8)

Electronics and Appliance Stores.

(9)

Home Centers.

(10)

Hardware Stores.

(11)

Fabric Shops.

(12)

Meat Markets.

(13)

Specialty Food Stores.

(14)

Beer, Wine and Liquor Stores.

(15)

Pharmacies and Drug Stores.

(16)

Cosmetics, Beauty Supplies and Perfume Stores.

(17)

Optical Goods Stores.

(18)

Health Supplement Stores.

(19)

Clothing Stores.

(20)

Shoe Stores.

(21)

Jewelry Stores.

(22)

Luggage and Leather Good Stores.

(23)

Cigar/Tobacco Shops.

(24)

Sporting Goods, Hobby, and Musical Instrument Stores.

(25)

Tackle Shops.

(26)

Book Stores.

(27)

Department Stores.

(28)

Florists.

(29)

Bakery.

(30)

Antique Shops.

(31)

Office Supply and Stationary.

(32)