(A)   Applicability of regulations. All buildings erected hereafter, all uses of land or buildings established hereafter, and all structural alterations or relocation of existing buildings occurring hereafter shall be subject to all regulations of this chapter and other applicable town ordinances which are applicable to the zoning districts in which those buildings, uses, or land shall be located.

   (B)   Relocation of structures. Any building or structure which has been wholly or partially erected on any premises located within the town shall not be moved and/or be placed upon any premises in the town until a building permit for the removal shall have been received from the Building Administrator. Any thus relocated building or structure shall conform to all the provisions of this chapter in the same manner as a new building or structure. No building or structure shall be moved into the town from outside the town limits until all applicable permits and bonds have been completed.

   (C)   Permits issued prior to chapter. Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this chapter, and provided that substantial construction is begun within six months of the effective date and diligently prosecuted to completion, that building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may upon completion be occupied under a certificate of occupancy by the use for which originally designed, subject thereafter to the provisions of § 156.037, regarding nonconforming uses and structures.

   (D)   Expiration of permits. 

      (1)   Where the Building Administrator has issued a permit for a use permit, that permit shall automatically expire without further notice unless the work allowed by the permit is substantially underway within six months of the date of issuance of the permit by the Building Administrator.

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

         SUBSTANTIALLY UNDERWAY. A required first inspection, for the permit, shall have been made and approved by the town Building Department.

   (E)   Special use permit. A special use permit shall be deemed to authorize only one special use.

   (F)   Scope. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants generally consistent with this chapter, the most restrictive or that imposing the higher standards shall be considered valid and shall govern.

(Ord. 23, § 2.10.10, passed 3-19-1997; Am. Ord. 93, passed 7-17-2001) Penalty, see § 156.999

(Ord. 23, § 2.10.20, passed 3-19-1997; Am. Ord. 45, passed 4-15-1998; Am. Ord. 145-B, passed 12-8-2020) Penalty, see § 156.999

   (A)   Nonconforming use or structure. Any lawful use of land or building as of the effective date of this chapter and located in a district in which it would not be permitted as a new use under the regulations of this chapter, is hereby declared to be a nonconforming use and not in violation of this chapter at the date of adoption of the chapter; provided, however, that a nonconforming use shall be subject to, and the owner shall comply with, the following regulations.

   (B)   Change of use.  

      (1)   A nonconforming use in a building or structure may be changed to another nonconforming use of the same or greater restriction provided no structural changes are made to the building. For purposes of this division, districts are arranged in the following order from most restrictive to least restrictive: FP, AG, AG-B, R-1, R-2, R-3, R-4, PD, MF, C-1, C-2, C-3, and M-1.

      (2)   Whenever a nonconforming use has been changed to a conforming use, it shall not be changed back to a nonconforming use.

   (C)   Expansion of nonconforming use prohibited.

      (1)   A nonconforming use of a building shall not be expanded, nor shall it be relocated on the same parcel.

      (2)   If only a portion of a building or structure houses a nonconforming use, that nonconforming use shall not be expanded or extended within the building.

   (D)   Amortization of nonconforming uses or buildings.

      (1)   Whenever a nonconforming use has been discontinued for a period of one year, that use shall not be reestablished and any future use shall be in conformity with the provisions of this chapter. A nonconforming use shall be presumed to be abandoned when the intent of the owner or occupant to discontinue the nonconforming use is apparent to the reasonable person.

      (2)   Except as provided in division (D)(3) of this section, whenever a nonconforming structure has been destroyed or damaged by fire, explosion, act of God, or public enemy, by more than 50% of the nonconforming structure’s area in square feet at the time the damage was incurred, the structure may not be reconstructed unless the structure is made to conform to this chapter.

      (3)   Nonconforming structures used for agricultural purposes, as defined in § 156.010 of this code, in an agricultural district are exempt from division (D)(2) above provided they meet all of the following conditions:

         (a)   A new building permit is obtained from the town for the new structure within one year of the destruction of the old structure;

         (b)   The new structure must replace an existing structure damaged per division (D)(2) of this section;

         (c)   There shall be no more than a 10% increase in square footage between the old and replacement structures;

         (d)   The replacement structure shall be located approximately on the same physical location upon the property as the destroyed structure unless, in the opinion of the Building Administrator, physical conditions make the site unacceptable; and

         (e)   The replacement structure may be used for agricultural uses only.

(Ord. 23, §§ 2.20.10 - 2.20.40, passed 3-19-1997; Am. Ord. 45, passed 4-15-1998) Penalty, see § 156.999

   (A)   Intent. It is the purpose of this section to address areas which, due to the unique characteristics of geography, transportation, neighborhood character, or other factors, demonstrate a need to provide for rules and regulations over and above those of the underlying zoning district. The rules and regulations established by the overlay zone shall be applied in addition to any other applicable regulations established by this chapter.

   (B)   FP, floodplain overlay zone. All land lying within the regulated floodplains in the town as indicated on the most recent Flood Insurance Rate Map (FIRM) established by the Federal Emergency Management Agency (FEMA) shall comply with this division. When the proposed use is allowed by the underlying zoning district the following restrictions shall apply.

      (1)   All uses and activity shall comply with this chapter and Chapter 155, Subdivision Control.

      (2)   All uses and activity shall comply with Chapter 153, Flood Damage Prevention.

      (3)   In the event of a conflict in language between this chapter or Chapter 155 and Chapter 153, the language in Chapter 153 shall prevail.

      (4)   Any structure, filling, excavating, or any change in the natural grade of any property in an FP district requires a permit, and shall not be detrimental to other properties or the characteristics of the floodplain.

      (5)   Where topographic data, engineering studies, or other studies are requested by the town to determine the effects of flooding on a structure or the effects of the structure on the flow of water, the applicant shall submit the data or studies and shall be solely responsible for all costs incident thereto.

(Ord. 23, §§ 2.30.10 and 2.30.20, passed 3-19-1997) Penalty, see § 156.999

   (A)   Swimming pools.  

      (1)   It shall be unlawful to construct, maintain, install, or enlarge any swimming pool in the town except in compliance with all the provisions of this section.

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

         PRIVATE POOLS. Pools restricted to occupants of the principal use of the property and guests for whom no admission or membership fees are charged. Only PRIVATE POOLS are permitted in residential districts.

         SWIMMING POOL. An outdoor structure designed as a receptacle for water, or an artificial pool of water having a depth at any point of more than two feet, intended for the purpose of immersion or partial immersion therein of human beings, and including all appurtenant equipment, whether the structure is built in-ground, aboveground, or a combination thereof. SWIMMING POOLS of a smaller size shall be deemed to be WADING POOLS and are not regulated under this section.

(Ord. 23, §§ 2.60.10 - 2.60.14, passed 3-19-1997; Am. Ord. 41I, passed 2-15-2010; Am. Ord. 234, passed 5-13-2014) Penalty, see § 156.999

   Where district regulations permit hobby farms, hobby farms shall be allowed, provided that:

   (A)   No building or structure shall be allowed in a floodplain district;

   (B)   Minimum lot size for a hobby farm shall be five acres;

   (C)   Livestock harbored, raised, or bred is primarily for personal enjoyment and not for commercial gain. Commercial stables shall not be permitted except as a special exception in the AG-B district;

   (D)   Animals shall be limited as follows:

      (1)   Not more than two horses, ponies, steers, bulls, cows, or a combination thereof shall be permitted on the first five acres. Two additional horses, ponies, steers, bulls, or cows, or a combination thereof, may be permitted on each additional five acres or portion thereof;

      (2)   Horses, ponies, bulls, cows, and steers shall not be permitted to graze within 50 feet of a neighboring residence (house). No animal shelter shall be permitted closer than 150 feet to a neighboring residence;

      (3)   Small animals such as sheep, goats, or swine shall be limited to a maximum of one per acre, and shall not be permitted within 150 feet of a neighboring residence (house); and

      (4)   Poultry, fowl, rabbits, and similar animals shall be limited to 100 total animals per five acres and kept in a shelter placed a minimum of 150 feet from any neighboring residence (house).

   (E)   Keeping of more animals than permitted in division (D) above shall not be permitted unless first approved by special exception as prescribed in this chapter; and

   (F)   Hobby farms shall not be permitted in subdivisions unless 80% of the platted lots are five acres or more in area.

(Ord. 23, § 2.60.20, passed 3-19-1997) Penalty, see § 156.999

   (A)   General regulations.

      (1)   Detached accessory structures shall not be allowed in front yards.

      (2)   Accessory structures are not to be used for human occupancy.

      (3)   On corner lots, detached accessory structures shall meet front yard setbacks on each street frontage.

      (4)   No detached accessory structure shall be placed within six feet of any other principal or accessory structures.

      (5)   Accessory structures must be placed at least five feet from any lot line and shall not encroach on a dedicated easement, without obtaining a variance from the Board of Zoning Appeals.

   (B)   Accessory structures in agricultural districts.

      (1)   No animals may be housed, stabled, or kenneled less than 150 feet from any property line.

      (2)   Height restrictions shall comply with § 156.036 of this code.

   (C)   Accessory structures in residential districts.

      (1)   The accessory structure shall be located on the same lot as the principal structure.

      (2)   The cumulative square footage of all detached accessory structures shall not exceed the sum of 25% of the required rear yard plus 40% of the non-required rear yard of the principal structure, but in no event shall the cumulative square footage exceed the ground floor area of the principal structure and any attached garage.

      (3)   Detached accessory structures shall be allowed only in rear yards.

      (4)   Detached accessory structures shall not be served by water or sewer/septic services.

      (5)   Height of detached accessory structure shall not exceed 17 feet.

      (6)   Accessory structures shall be used only for those uses permitted in the residential district in which they are located, except as otherwise prohibited herein.

(Ord. 23, § 2.60.30, passed 3-19-1997; Am. Ord. 45, passed 4-15-1998; Am. Ord. 93, passed 7-17-2001; Am. Ord. 41I, passed 2-15-2010; Am. Ord. 234, passed 5-13-2014) Penalty, see § 156.999

   For any property that is a nonconforming, agriculture (AG) zoned lot of one to four acres and residential (R-l) zoned lots of one acre or greater, chicken raising shall be permitted subject to the following criteria.

   (A)   No more than eight female chickens are permitted per lot improved with a single-family dwelling.

   (B)   There must be at least four square feet per chicken of permeable land area available for chickens, plus adequate, freestanding, enclosed shelter space to protect the chickens from the elements, and to prevent wildlife or other predators from gaining entry. Chickens shall not be allowed to roam freely within the bounds of the property on which they are housed. Adequate fencing shall be provided to prevent the chickens from escaping when not in their shelters. The outside pen shall be completely enclosed on all sides and topped with wire to prevent the escape of any chicken.

   (C)   Premises must be maintained in a sanitary condition, free from insects and rodents, offensive odors, excessive noise, or any other conditions constituting a public nuisance.

   (D)   At any one time, only one chicken shelter or pen is permitted on any property.

   (E)   No roosters may be kept on any property under this section.

   (F)   Chickens permitted in this section are only for personal use. No business, field trip, or tour activities related to the chickens are allowed.

   (G)   Structures constructed for chickens (coops, shelters, and the like) shall be permitted through the town Building Department, and held to the same construction and setback standards detailed in § 156.041.

   (H)   The limitations in this section shall not apply to properties conforming to hobby farm standards as described in § 156.040.

(Ord. 23, § 2.60.20, passed 3-19-1997; Am. Ord. 23-B, passed 3-8-2022)

      (1)   Development plan review shall be required in all commercial zoning, M4 Planned Development-Commercial (PD-C) Districts, Commercial uses in Planned Development-Mixed (PD-M) Districts, and Agricultural Business (AG-B) Districts, in accordance with I.C. §§ 36-7-4-1400 through 36-7-4-1406, inclusive, as outlined hereafter.

      (2)   At any time a property owner seeks to apply for approval to begin new construction or to modify an existing structure such that it results in either an increase or decrease of total square footage of the structure of 25% or more in a geographic area zoned or to be zoned as C-l, C-2, C-3, M-l, PD-C, PD-M, or AG-B the property owner/petitioner shall prepare a preliminary development plan for submission to the Plan Commission.

      (3)   No person or business entity shall be permitted to operate a business on a location, subject to this chapter, without first obtaining approval of a development plan by the Plan Commission.

      (1)   Be made on forms available at the office of the Zoning Administrator and be submitted with the fee as set forth in § 150.26.

      (2)   Be accompanied by ten hard copies and one PDF electronic copy of the proposed preliminary development plan.

      (3)   Be accompanied by documentation indicating proof of an ownership interest in the subject property, such as but not limited to a deed, purchase contract, or a power of attorney, for review by the Commission's Attorney.

      (4)   Be filed by the first day of the month in which the petitioner will be attending the Plan Commission study session required below.

      (1)   Petitioner shall attend a plan commission study session, as scheduled by the zoning administrator. At that study session, the petitioner shall provide sufficient individual copies of their proposed plan for all members of the Plan Commission. The petitioner will briefly describe their plan and receive comments from the Commission and staff.

      (2)   Petitioner shall then appear before the Technical Advisory Committee (TAC) for the committee's review. After review, the TAC shall take one of the following actions:

         (a)   Recommendation to Plan Commission for approval;

         (b)   Recommendation to Plan Commission for denial;

         (c)   Recommendation to submit additional information for review; or

         (d)   Recommendation to Plan Commission for approval with modifications.

      (3)   The petitioner may appeal a decision of the TAC to the Plan Commission.

      (4)   Following review by the TAC, petitioner shall appear at a regular or special Plan Commission public meeting to describe and present the final concepts, uses and intent of the proposed plan for consideration. After review, the Plan Commission shall take one of the following actions:

         (a)   Approval;

         (b)   Denial;

         (c)   Carry over for further consideration at the next regularly scheduled meeting;

         (d)   Request the petitioner to submit additional information for review, either by the Plan Commission or the TAC;

         (e)   Approval with conditions, if the conditions are reasonably necessary to satisfy the intent of this chapter; or

         (f)   Approval with written commitments, executed by the petitioner.

      (1)   Elevation and perspective drawing or model of proposed structures.

      (2)   A development schedule indicating:

         (a)   The approximate date for beginning construction;

         (b)   If staged, the approximate date for beginning construction of each stage;

         (c)   Agreements, provisions or covenants which govern the use, maintenance and continued protection of the development and common space;

         (d)   Plans and diagrams as required to fully explain the development proposal;

      (3)   Petitioner shall designate each lot's intensity of use on the plan;

      (4)   A detailed, written review of the following factors relevant to the development:

         (a)   Availability and coordination of water, sanitary sewers, storm water drainage, and other utilities;

         (b)   Management of vehicular and pedestrian traffic in a manner that creates conditions favorable to health, safety, convenience, and the harmonious development of the community;

         (c)   Building set back lines;

         (d)   Building coverage;

         (e)   Building separation;

         (f)   Parking;

         (g)   Landscaping;

         (h)   Height, scale, materials and style of improvements;

         (i)   Signage;

         (j)   Outdoor lighting; and

         (k)   Noise;

      (5)   The development factors specified in number subdivision (E)(4)(a) above, concerning the availability and coordination of water, sanitary sewers, storm water drainage and other utilities shall be in full compliance with the subdivision control ordinance, as it may be amended from time to time;

      (6)   The development factors specified in subdivision (E)(4)(b) above, concerning the management of vehicular and pedestrian traffic shall ensure the following:

         (a)   That the design and location of proposed street and highway access points minimize safety hazards and congestion;

         (b)   That the capacity of adjacent streets and highways is sufficient to safely and efficiently accept traffic that will be generated by the new development; and

         (c)   That the entrances, streets and internal traffic circulation facilities in the development plan are compatible with existing and planned streets and adjacent developments;

      (7)   The development factors specified in subdivision (E)(4)(c), (d), (e), (f), (g), (h), and (i) concerning building setback liens, building coverage, building separation, parking, landscaping, height and materials, and signage shall be in full compliance with the requirements set forth in the zoning ordinance, as it may be amended from time to time. Additionally, with regard to subdivision (E)(4)(h), knox boxes shall be required to be installed on businesses that are not occupied 24 hours a day;

      (8)   The development factors specified in subdivision (E)(4)(j) above concerning outdoor lighting shall comply with § 156.048 of this Code;

      (9)   The development factors specified in subdivision (E)(4)(k) concerning noise shall only apply to development in a Light Industrial (M-I) District and shall ensure that the development complies with § 156.326; and

      (10)   The plan documentation and supporting information that must be supplied shall include the following:

         (a)   The location and character of the following:

            1.   Existing and proposed primary structures and accessory structures;

            2.   Utilities;

            3.   Signage; and

            4.   Landscaping.

         (b)   The nature and intensity of uses in the development;

         (c)   The condition and size of public thoroughfares and parking, vehicles, and pedestrian facilities; and

         (d)   The location and capacity of drainage facilities and sewer systems serving the development.

(Ord. 191, passed 6-15-2010; Am. Ord. 234, passed 5-13-2014; Am. Ord. 285, passed 3-13-2018) Penalty, see § 156.999

         (a)   Stucco, exterior plaster, adobe or mortar wash surface material;

         (b)   Exterior insulation and finish systems (EIFS) such as Dryvit, acrylic matrix, synthetic plaster, or other similar synthetic material;

         (c)   Cementitious fiber board siding (such as "Hardy Plank" or "Hardy Board").

         (a)   All principal and accessory buildings located in the multi-family (MF) and R-4 residential zoning districts shall have at least 30% of the total exterior walls, excluding doors and windows, constructed of brick, stone, or a combination of both materials. Stucco and/or exceptions to the above requirements may be considered by the Plan Commission on case-by-case basis.

            1.   The structure shall have a change of roof plane, gable, or dormer on both the front and the rear for each dwelling unit. Units that are on corners shall have same for all sides that face a public street.

            2.    Sloped roof pitch shall not be less than 8/12 on the primary roof and less than 3/12 on lesser roofs.

            1.   Dwelling units/homes with 2,000 square feet of finished living space or less must have masonry coverage of at least 25% on the front facade, constructed of brick, stone, or a combination of both materials. Stucco and/or exceptions to the above requirements may be considered by the Zoning Administrator on a case-by-case basis.

            2.   Dwelling units/homes must have overhanging eaves of at least 12 inches in length.

            3.   Dwelling units/homes must have variation on the front facade elevation via changes in roofline and bump-outs.

            4.   For dwelling units/homes on corner lots, each facade facing a public or private street shall be treated as a front facade.

         (a)   All non-residential buildings shall be constructed of exterior fire-resistant construction having at least 80% of the total exterior walls excluding doors and windows, constructed of severe weather rated brick, stone, split faced concrete textured surface block or glass wall construction, in accordance with the town's Building Code and Fire Prevention Code.

         (b)   Building front and side facades or any portion that has exposure to a public or private street, residential zoning districts, or any public exposure, including parking lot exposure for pad sites and freestanding buildings, shall be constructed entirely 100% of severe weather rated stone, brick, or glass wall construction. Strict adherence to this rule shall not be such as to prevent architectural creativity. Other materials or a combination of severe weather rated brick, stone and other materials may be considered based on architectural creativity by the Plan Commission.

         (c)   Metal buildings and steel post frame or wood post frame building construction is prohibited in all commercial zoning districts.

         (d)   Building materials.

            1.   Each building elevation shall provide architectural features such as columns, reveals, articulations, or changes in building materials, architectural styles or ornamentation and color to break up long facades exceeding 20 feet.

            2.   All buildings shall be designed with a minimum of six external corners, in order to eliminate the impact of box-looking design for the buildings. Corners created as a result of the placement of doors and windows do not count towards this total.

            3.   Building exteriors shall exhibit variation in design and view of the structure. A minimum of three materials shall be used for building exteriors.

            4.   Exposed concrete, smooth surface concrete block, or metal finishes shall not be permitted in non-residential zoning districts unless approved as part of the design by waiver approval.

            5.   EIFS may generally be used as accent material for window head, sill or cornices around the building. EIFS shall not be permitted as a primary building material.

         (e)   Roofs.

            1.   Sloped roofs shall be composed of standing rib (standing seam) or dimensional shingles in a color that matches the building and surrounding commercial district.

            2.    Sloped roof planes shall be broken up with changes of plane, or gables or dormers.

            3.    Sloped roof pitch shall not be less than 6/12.

            4.    The roof shall be a key architectural element of the building designed to express the building and to promote the overall scale and character of the district.

            5.    The roof form of new construction shall have a recognizable "top" and vary with modern expressions of parapets, gables, overhanging eaves, chimneys, brackets, and cornices.

            6.   All rooftop mechanicals including, but not limited to HVAC must be screened from view.

            7.   A waiver may be granted to correspond with the design theme and overall aesthetics that a development/building is attempting to achieve by the Plan Commission during the commercial development plan review/approval process outlined in this chapter.

         (f)   Entryways. Entryways shall use creative entry treatments and focal points such as canopies, awnings, cornice treatments, or atriums.

         (g)   Carports constructed entirely out of metal are not permitted. Carports shall be compatible in design and material with the main structure.

         (h)   Parking lots.

            1.   Parking lots shall be designed to provide coordinated access to parking areas on adjoined tracts or parcels.

            2.   New access points onto main thoroughfares shall be coordinated with existing access points to the extent possible.

            3.   All parking areas and drives shall be paved with asphalt or concrete. Brick pavers or other decorative pavements may be used as accents in parking area design. Cast-in-place concrete curbs shall be installed.

         (i)   Requirements for large industrial buildings.

 

 

      (3)   Waivers.

         (a)   Exceptions to these requirements may be considered by the Plan Commission based upon the following:

            1.   Architectural design and creativity;

            2.   Compatibility with surrounding developed properties.

         (b)   The Plan Commission, upon application duly filed by the applicant, may grant a waiver from the terms of this section, as amended from time to time, and the requirements set forth herein during the commercial development plan review/approval process upon affirmative vote of the Plan Commission acting on such waiver application. The application for a waiver shall set forth in specific language the grounds or reasons upon which such a waiver request is being made.

         (c)   The terms and conditions of the waiver, if approved, shall be set forth in the minutes of the meeting.

      (1)   Such a building may not be enlarged by more than 25% of its existing foundation footprint unless the entire building is brought into conformance with the terms and requirements of this section.

      (2)   The exterior walls of such a building may not be modified, altered, or enlarged in a way which increases its nonconformity unless the modification, alteration, or enlargement is in conformance with the provisions of this section.

      (3)   In the event that a building is destroyed by any means to an extent more than 50% of its replacement cost at the time of destruction, it shall not be reconstructed except in conformance with the provisions of this section.

(Ord. 210, passed 9-11-2012; Am. Ord. 210-A, passed 12-10-2015; Am. Ord. 191-A, passed 12-8-2020)

   (B)   All lots in all zoning districts shall be permitted to install noncommercial WECS, provided they are in compliance with the applicable requirements set forth in this chapter. A maximum of one noncommercial WECS may be permitted on each lot after site plan review and approval of the town staff, including the proposed location of the WECS.

   (C)   Roof mounted noncommercial WECS shall be permitted in all nonresidential zoning districts, provided they do not exceed 15 feet in height and only service the building or lot on which it is located.

   (D)   Roof mounted noncommercial WECS shall be permitted, subject to the conditions below, in all residential zoning districts, provided that they do not exceed six feet in height, measured from the peak of the roof to the center of WECS. In addition, the roof-mounted WECS shall have a minimum clearance of two feet from the roof peak to the blade tip at its lowest point. A roof-mounted WECS is prohibited in any required setback and shall only be located in an area bounded by the roof peak of the residence, the side yard setback and rear yard setback. Roof-mounted WECSs are prohibited from being located on any face of a residence facing any street from roof peak toward the street.

   (E)   All WECS towers shall require a building permit. The permit application shall include the design of the tower and its components, as well as the safety mechanisms to prevent uncontrolled rotation, overspeeding, and excessive pressure of the structure. Towers shall also be subject to the following provisions:

      (1)   The minimum required setback distance between each noncommercial tower and all surrounding property lines, overhead utility lines, any dwellings or other buildings for occupancy, and any other towers, shall be no less than two times the proposed structure height plus the rotor radius. Horizontal WECS shall be allowed a minimum setback equal to five rotor diameters, or the height of the tower, whichever is greater.

      (2)   WECS non-commercial towers shall only be permitted in lots in excess of five acres.

      (3)   The minimum required setback distance between each commercial tower and all surrounding property lines, overhead utility lines, any dwellings or other buildings shall be 1,000 feet.

      (4)   The maximum height of a WECS tower, measured from the ground to the highest point of the structures, shall be as follows:

         (a)   Residential, Agricultural, and Commercial Zoning Districts: 45 feet when ground-mounted;

         (b)   Light Manufacturing Zoning Districts: 80 feet.

      (5)   No towers shall be placed as to interfere with or obstruct any transmission of communication equipment or reception.

      (6)   All local, state, and federal regulations shall be followed in the use, installation, and operation of such WECS.

      (7)   No towers shall be placed as to substantially interfere with any view, be directly visible from any public right-of-way, or placed on the front yard.

      (8)   The minimum vertical clearance from the ground to the rotor blade tip at its lowest point shall be 25 feet.

      (9)   A minimum six-foot height security fence shall be required at the base of all towers, unless the climbing apparatus for the tower is more than 12 feet from the ground or completely enclosed inside the apparatus.

      (10)   All power lines and other related wiring shall be underground.

   (F)   The noise level for all WECSs shall not exceed 55 dB when measured at the property line.

   (G)   Noncommercial WECSs must have been approved under small wind certification program recognized by the American Wind Energy Association and the Small Wind Certification Council (SWCC).

   (H)   WECSs shall be painted a non-reflective, non-obtrusive color such as the manufacturer’s default color option or a color that compliments the building architecture.

   (I)   WECS towers shall maintain galvanized steel, brushed aluminum or white finish, unless F.A.A. standards required otherwise. The town staff may require a photo of WECS of the same model that is the subject of the landowner’s application adjacent to a building or some other object illustrating scale (e.g., manufacturer’s photo).

   (J)   Building permit applications for all WECS shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the Building Code and certified by a licensed professional engineer shall also be submitted. This analysis is frequently supplied by the manufacturer. Wet stamps shall not be required. An equipment package shall be considered certified for interconnection operation if it has been tested and listed by a nationally recognized testing and certification laboratory in compliance with the state provisions.

   (K)   Building permit applications for all WECS shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the town’s Electrical Code.

   (L)   In the event a WECS is intended to be interconnected with a utility, no WECS shall be installed until evidence has been provided to the town that the utility company has been informed of the customer’s intent to install an interconnected customer-owned generator and an interconnection agreement between the utility and the customer have been executed. Interconnection must comply with Underwriters Laboratory (UL) standard 1741, as amended from time to time.

   (M)   The owner shall install, operate, and maintain the WECSs in accordance with the manufacturer’s suggested practices for safe, efficient, and reliable operation in parallel to the utility’s system.

   (N)   WECS shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind turbine.

   (O)   Unused or abandoned WECS shall be removed from any site within 180 days from the discontinuation of use.

   (P)   In addition to the applicable standards stated above, commercial WECSs shall be allowed only in the Agricultural-Business (AG-B) Zoning District by special exception, as found in § 156.357.

(Ord. 210, passed 9-11-2012; Am. Ord. 234, passed 5-13-2014)

   (B)   All buildings shall be allowed to incorporate solar energy systems in their design, provided they are in compliance with the applicable requirements set forth in this chapter, including all lot and setback requirements. A building permit shall be required for all such systems.

   (C)   Solar energy generating systems shall comply with the following:

      (1)   Solar panels shall be roof-mounted or ground-mounted in the rear yard only.

      (2)   Ground-mounted solar panels shall not exceed eight feet in height at maximum tilt, and shall be sufficiently screened from public or private streets.

      (3)   The total area of solar collectors on a residential lot shall not exceed 600 square feet per dwelling unit.

   (D)   Unused or abandoned solar energy generating structures shall be removed from any site within 180 days from the discontinuation of use.

   (E)   Building permit applications for all solar energy generating structures shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the town’s Electrical Code.

   (F)   In the event, the solar energy system is intended to be interconnected with a utility, no solar energy generating structure shall be installed until evidence has been provided to the town that the utility company has been informed of the customer’s intent to install an interconnected customer-owned generator and an interconnection agreement between the utility and the customer have been executed. Interconnection must comply with Underwriters Laboratory (UL) standard 1741, as amended from time to time.

(Ord. 210, passed 9-11-2012; Am. Ord. 317, passed 4-13-2021)

         (a)   The height or location of the luminaire is changed;

         (b)   The luminaire is changed or replaced (excluding routine maintenance and bulb replacement of equal light output) except if it is part of a parking lot lighting installation consisting of an array of three or more identical luminaires and poles or supporting structures;

         (c)   The supporting structure for the luminaire is changed or replaced except if it is part of a parking-lot lighting installation consisting of an array of three or more identical luminaires and poles or supporting structures; or

         (d)   The luminaire is producing glare that is deemed to create a hazard or nuisance by the town.

 

 

 

         (a)   Except for street lighting, light emitted from outdoor lighting on any zoning lot shall not cause the light level along any property line, as measured at a height of 60 inches above grade in a plane at any angle of inclination, to exceed the following limits:

 

 

         (b)   Any property used for governmental purposes shall be exempt from the requirements of this section.

      (1)   The use of a laser light source;

      (2)   The use of flickering, flashing, blinking, scrolling, or rotating lights and any illumination that changes intensity;

      (3)   The use of upward directed lighting, except as otherwise permitted herein;

      (4)   Architectural lighting of any portion of a building or structure with a polished or glass exterior surface that uses uplighting;

      (5)   The use of searchlights;

      (6)   The use of neon light to accent buildings or architectural features;

      (7)   The use of mercury vapor light source except for existing light sources used in open space zoning districts; and

      (8)   Any luminaire creating glare that is deemed by the town to create a hazard or nuisance.

      (1)   Underwater lighting used for illumination of swimming pools and fountains;

      (2)   Lighting required by county, state, or federal law;

      (3)   Temporary lighting used for holiday decorations;

      (4)   Decorative yard lighting characterized like a flame source;

      (5)   Portable lighting temporarily used for maintenance or repair that is not deemed by the town or state to create a hazard or nuisance;

      (6)   Emergency lighting used by police, firefighting, emergency management, or medical personnel at their discretion as long as the emergency exists;

      (7)   Lighting approved by the town for temporary events such as carnivals, circuses, festivals, picnics, fairs, civic events, and exhibitions; and

      (8)   Temporary lighting required for road construction or other public improvements.

         (a)   A site plan complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and all adjacent uses. The site plan shall show, by location, and identify each existing and proposed luminaire and shall specify its installed height, pole foundation details, and mounting methods;

         (b)   Iso-footcandle plots for individual lighting installations, or 10' x 10' illuminance-grid plots for multi-fixture lighting installations, which demonstrate compliance with all applicable requirements as set forth in this chapter. The plots shall indicate the location of each existing and proposed luminaire, the installed height of said luminaires, and the overall light levels in foot candles on the entire zoning lot and at the property lines;

         (c)   A summary table identifying the maximum and minimum light levels for all parking areas, entryways, signs, and walkways; and

         (d)   A description of each luminaire identified in the site plan including the manufacturer, model number, a photograph or catalog cut, photometric data verifying any compliance requirements specified within this chapter, light output in initial lumens, shielding or glare reductions devices, lamp type, and on/off control devices.

(Ord. 219, passed 7-23-2013; Am. Ord. 219-A, passed 3-25-2014; Am. Ord. 350, passed 4-25-2023)