Zionsville City Zoning Code

DISTRICTS

§ 194.040 ESTABLISHMENT OF ZONING DISTRICTS.

The following zoning districts for the town are hereby established, and land within the town is hereby classified, divided and zoned into said districts as designated on the Official Zone Map, as specified in §§ 194.180 through 194.185 of this chapter:

(A) Rural conservation and agricultural districts:

(1) Rural C: Rural Conservation District;

(2) Rural AP: Rural Agricultural Preservation District;

(3) Rural AG: Rural General Agricultural District; and

(4) Rural RE: Rural Equestrian District.

(B) Urban RE: Equestrian/Estate Residential District;

(1) Urban R-SF-1: Urban Single-Family Residential;

(2) Urban R-SF-2: Urban Single-Family Residential;

(3) Urban R-SF-3: Urban Single-Family Residential (deleted for new subdivisions after 7-9-1990);

(4) Urban R-SF-4: Urban Single-Family Residential (deleted for new subdivisions after 7-9-1990);

(5) Urban R-MF-1: Urban Multi-Family Residential District One;

(6) Urban R-MF-2: Urban Multi-Family Residential District Two; and

(7) Urban R-V: Urban Special Residential.

(D) Rural residential districts:

(1) Rural R-1: Rural Single-Family Residential;

(2) Rural R-2: Rural Single- and Two-Family Residential;

(3) Rural R-3: Rural Single- and Two-Family Residential;

(4) Rural R-4: Rural Single- and Two-Family Residential; and

(5) Rural MF: Rural Multi-Family Residential.

(E) Urban business/commercial districts:

(1) Urban B-O: Urban Office;

(2) Urban B-1: Urban Neighborhood Business;

(3) Urban B-2: Urban Outdoor Business; and

(4) Urban B-3: Urban Outdoor Business.

(F) Urban VBD: Urban Village Business;

(G) Rural business/commercial districts:

(1) Rural LB: Rural Local Business;

(2) Rural PB: Rural Professional Business;

(3) Rural UB: Rural Urban Business;

(4) Rural GB: Rural General Business; and

(5) Rural AB: Rural Accommodation Business.

(H) Urban industrial districts:

(1) Urban I-ORT: Urban Office/Research/Technology Industrial;

(2) Urban I-1: Light Industrial;

(3) Urban I-2: General Industrial; and

(4) Urban I-3: Heavy Industrial.

(I) Rural industrial districts:

(1) Rural I-1: Rural Light Industrial; and

(2) Rural I-2: Rural General Industrial.

(J) Urban special use districts:

(1) Urban SU-1: Schools;

(2) Urban SU-2: Churches;

(3) Urban SU-3: Golf Course, Golf Driving Range;

(4) Urban SU-4: Airport or Landing Field;

(5) Urban SU-7: Charitable and Philanthropic Institutions;

(6) Urban SU-8: Buildings and Grounds Used by Any Department of Town, Township, County, State or Federal Government;

(7) Urban SU-9: Cemeteries;

(8) Urban SU-12: Swimming Pool, Commercial;

(9) Urban SU-13: Community Center;

(10) Urban SU-14: Library;

(11) Urban SU-16: Light and Power Substation, Water Tank and Similar Structures;

(12) Urban SU-17: Radio or Telecommunications, Receiving or Broadcasting Towers and Associated Accessory Buildings; and

(13) Urban SU-20: Extracting or Gravel, Sand, Peat and Other Raw Materials.

(K) Urban other districts:

(1) Urban O-1: Urban Open Land District;

(2) Urban FP: Urban Floodplain Secondary District; and

(3) Urban MRO: Urban U.S. Highway 421-Michigan Road Corridor Overlay District.

(L) Rural other districts:

(1) Rural MRO: Urban U.S. Highway 421-Michigan Road Corridor Overlay District; and

(2) Rural AZ: Rural Airport Zoning District.

(Ord. 2000-16, passed 8-28-2000, § 2.1)

§ 194.041 RURAL C: RURAL CONSERVATION DISTRICT.

(A) Purpose and intent. The Rural C, Rural Conservation, District is hereby established to emphasize the conservation of existing natural resources.

(B) Specifics. See Table 1, Rural Authorized Uses and Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.2)

§ 194.042 RURAL AP: RURAL AGRICULTURAL PRESERVATION DISTRICT.

(A) Purpose and intent. The Rural AP, Rural Agricultural Preservation, District is hereby established to restrict non-agriculturally related land uses. Residential development may occur at a substantially decreased rate than other rural residential districts.

(B) Specifics. See Table 1, Rural Authorized Uses and Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.3)

§ 194.043 RURAL AG: RURAL GENERAL AGRICULTURAL DISTRICT.

(A) Purpose and intent. The Rural AG, General Agricultural, District is hereby established to allow the opportunity for further rural residential development beyond constraints of the Rural AP, Rural Agricultural Preservation, District; however, residential development in this district remains limited.

(B) Specifics.

(1) See Table 1, Rural Authorized Uses and Requirements.

(2) See Table 2, Rural Residential Uses and Requirements, Single-Family.

(3) See Table 5, Rural Commercial, Industrial and Other Non-Residential Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.4)

§ 194.044 RURAL RE: RURAL EQUESTRIAN DISTRICT.

(A) Purpose and intent. The Rural RE, Rural Equestrian, Districts hereby established to maintain and conserve a rural, country-like atmosphere and to encourage equestrian uses rather than rural, or urban, residential uses. Residential development may occur, but is secondary to the rural equestrian purpose of this district. Further, the lot area requirements of this rural residential district are more restrictive than established rural residential districts; typically at a density of one home per three acres.

(B) Specifics.

(1) See Table 1, Rural Authorized Uses and Requirements.

(2) See Table 2, Rural Residential Uses and Requirements, Single-Family.

(Ord. 2000-16, passed 8-28-2000, § 2.5)

§ 194.045 URBAN R-E EQUESTRIAN/ESTATE RESIDENTIAL DISTRICT.

(A) Intent. The R-E: Equestrian/Estate Residential (“Horse Country”) Districts are established to preserve and protect a unique region within the town’s planning area. The region features large estate development interspersed with horse farms, agricultural operations and undeveloped wooded, natural tracts of land. This area, known locally as “Horse Country”, has long been the defining characteristic of the south central portion of Eagle Township south of S.R. 334. The intent of the Estate-Equestrian Land Use Category is to strengthen and protect this unique land use pattern from encroachment of scatter-urban type uses. Agricultural and horse farm facilities are encouraged. Single-family residential uses should be similar in scale, density and context with the existing development pattern of the area. Compatibility with adjacent land uses will determine the appropriate density for any development in this category in accordance with the Comprehensive Plan.

(B) Permitted uses.

(1) Primary uses.

(a) Agricultural uses; including agricultural crop production; tree farms; agricultural livestock production and the harvesting, storage and primary processing of agricultural products produced on the premises; storage offer vehicles, farm equipment and farm materials by the operator of such farm;

(b) Single-family dwelling;

(d) Residential facility for the developmentally disabled;

(e) Residential facility for the mentally ill, subject to the provisions of § 194.100 of this chapter;

(f) Child care home (that is used as the primary residence of the person who operates the child care home);

(g) Roadside food sales stand (sale of produce grown on the premises); and

(h) Nature reserve or preserve, wildlife sanctuary.

(2) Special exception uses.

(a) Bed and breakfast;

(b) Communications/utilities:

1. Communication relay tower;

2. Public utility substation;

3. Public wells; and

4. Telecommunication tower.

1. Cemetery;

2. Commercial breeding and raising of non-farm fowl and animals;

3. Sales barn for livestock sale; and

4. Religious use.

(d) Recreation:

1. Private camp;

2. Campground;

3. Ball fields;

4. County club;

5. Riding stable or multi-use trails (i.e., biking, cross-country skiing, hiking); and

6. Golf course (not including a golf driving range or miniature golf course as the primary use).

(e) See also § 194.202 of this chapter.

(3) Accessory uses. See § 194.095 of this chapter.

(4) Home occupations. See § 194.097 of this chapter.

(5) Temporary uses. See § 194.096 of this chapter.

(1) Water and sewer requirements. Attachment to public water and sanitary sewer facilities shall be mandatory for all development in this district for lots in any subdivision platted and recorded after 1-1-2000. However, well water and septic systems may be utilized in this district, subject to the approval of the county’s Health Department or the state’s Board of Health if the lot area is three acres or greater.

(2) Minimum lot area. Three acres.

(3) Minimum lot width. The minimum lot width at the building setback line shall be not less than provided as follows:

Lots Not on a Cul-de-Sac	Lots on a Cul-de-Sac
200 feet	150 feet

(4) Minimum lot frontage. The minimum lot frontage on a public street shall be not less than provided as follows:

Lots Not on a Cul-de-Sac	Lots on a Cul-de-Sac
100 feet	75 feet

(5) Maximum lot coverage, primary or special exception uses and accessory uses. 15% of the total lot area.

(6) Maximum lot depth to width ratio. Four to one (4:1).

(7) Minimum yards and building setbacks.

(a) Front:

1. A minimum front yard and building setback measured from the proposed right-of-way shall be provided as follows:

Collector/local street/cul-de-sac or other street	40 feet
Primary arterial street	60 feet
Secondary arterial street	40 feet

2. In the case where a proposed right-of-way line does not exist, as determined by the transportation plan for the town or where the existing right-of-way is greater, the existing right-of-way line shall be used for the setback measurement.

(b) Side: a minimum side yard of 25 feet shall be provided along all side lot lines.

1. A minimum rear yard shall be provided along all rear lot lines as follows:

Agricultural building	150 feet
Residential accessory building	25 feet
Residential primary building	50 feet

2. See also § 194.018 of this chapter.

(8) Maximum building height.

Agricultural building	Unlimited; provided that, for each additional 1 foot over 35 feet in height, 1 additional foot shall be added to the minimum yard and building setback requirements
Residential accessory building	22 feet
Residential primary building	40 feet

(9) Minimum main floor area. The minimum main floor area of the residential primary building, exclusive of garage, carport, deck, patio and open porches:

One-story building	1,500 square feet
Two- or more story building	1,000 square feet; provided that, the total finished floor area shall be at least 1,500 square feet

(10) Off-street parking. See § 194.102 of this chapter.

(11) Signs. See §§ 194.160 through 194.168 of this chapter.

(12) Vision clearance areas. See § 194.024 of this chapter.

(D) Development plan approval required for open space subdivisions. All open space subdivisions proposed within an R-E District shall be subject to the filing of a development plan for review and approval by the Plan Commission as set forth in §§194.041 and 194.125 through 194.128 of this chapter.

(1) Intent. Open space subdivisions are intended to allow greater flexibility in design and development of subdivisions in order to provide for more efficient use of land, protect topographical or other natural features or amenities, permit common area and open space reservation and preservation in perpetuity, and reduce overall development costs. The provisions set forth promote imaginative design in the development of subdivisions, which allows for better utilization of the unique physical qualities of the site in order to preserve them for not only the subdivision residents, but the community as a whole. To accomplish this purpose, the following regulations and development incentives to the R-E District shall be available when employing the open space subdivision option.

(2) Applicability. In any subdivision within the R-E Districts, the primary plat of which is submitted for approval after 7-1-2000 in accordance with Ch. 193 of this code of ordinances may be developed as an open space subdivision in accordance with the provisions of §§ 194.041 and 194.125 through 194.128 of this chapter.

(3) Development requirements.

(a) Subdivision area (minimum size of a subdivision). There shall be a minimum of 15 acres required for the development of a open space subdivision. The tract of land to be divided shall be in one ownership or shall be the subject of an application for primary plat approval filed by the owners of the entire tract. The tract shall be developed as a unit and in the manner approved.

(b) Subdivision density. The overall maximum density of the proposed open space subdivision shall remain the same as that permitted by developing the same tract into developable lots in full compliance with the applicable underlying residential district regulations, Ch. 193 of this code of ordinances and any other applicable regulations.

(c) Project open space. The total land area saved by using this provision shall be put into project open space, per division (D)(6) below.

(4) Waiver of development requirements for open space subdivisions. Individual lots with an overall subdivision that receives development plan approval from the Plan Commission to be developed as a open space subdivision pursuant to this section, and §§ 194.125 through 194.128 of this chapter, may be granted a waiver of the development requirements of the R-E District to the extent permitted below.

(a) Lot area, setback, frontage and coverage exceptions for individual lots. The following minimum provisions for lot area, rear and side yard setbacks, lot frontage and lot coverage may be reduced in an open space subdivision to the extent provided for below:

1. Minimum lot area: 21,780 square feet (one-half acre);

2. Minimum rear yard setback: 25 feet;

3. Minimum side yard setback: 15 feet, unless the zero lot line option, noted in division (D)(4)(b) below is utilized;

4. Minimum lot frontage: minimum lot frontage may be reduced to 50 feet; provided that, each individual lot shall have direct access to a public street;

5. Maximum lot coverage: 20%; and

6. Lot width: 50 feet.

(b) Zero lot line option. Any subdivision which is submitted for review and subsequent primary plat approval utilizing the open space subdivision provisions of this section may reduce the minimum side yard requirement for one side yard of each lot to zero feet; provided that:

1. A minimum distance of 25 feet shall be required and maintained between all buildings on abutting lots;

2. No window or doors shall be provided or maintained on that portion of the building in which the required side yard has been reduced to zero feet;

3. The aggregate side yard(s) is provided on the lot according to the applicable residential district regulations; and

4. An access and maintenance easement shall be recorded which provides for the continual maintenance of the lot, buildings and structures along the side yard which has been reduced to zero feet.

1. All construction projects which are to become part of the town’s system, to be operated and maintained by the town, shall conform to the town’s design and construction standards.

2. Construction drawings and specifications (including any variations thereof) shall be approved by the town and a written permit obtained in accordance with existing ordinances before construction begins.

(5) General requirements for projects open space.

(a) The amount of permanent open space created by the development of the tract as an open space subdivision shall be:

1. Preserved in its naturally occurring state;

2. Developed only to the extent required to provide for:

a. The passive recreational activities of walking, biking, hiking or picnicking;

b. Developed and maintained as landscape features including, but not limited to, common areas, landscape easements and boulevard entry ways; or

c. Other recreational or amenity features approved by the Plan Commission.

3. Developed into an active recreational area; and

4. If the project is located adjacent to any portion of a bicycle/walking/jogging pathway, or the rail trail, as developed by the town or its Parks Department, a direct linkage to such bicycle/walking/jogging pathway or rail trail from the open space shall be provided.

(b) The development of such open space shall be subject to the following additional requirements.

1. The open space shall be equivalent to or more than the total reduction in lot area. At least 75% of the total amount of open space shall consist of land areas which are at least 50 feet wide.

2. The open space created by the development of the tract as a open space subdivision shall further be provided in such a manner that it is accessible:

a. To residents of the open space subdivision and their guests, by way of sidewalk, footpath or combined walkway/bikeway; and

b. For maintenance.

3. The open space shall run perpetually with the open space subdivision and shall not be developed or separated from it at a later date. Provisions shall be made for continuous and adequate maintenance of the open space at a reasonable and non-discriminatory rate of charge.

4. No overhead transmission line easement may be used in calculation of required open space.

(c) Open space shall be calculated by taking the total land area within lots contained in sketch plan one (as outlined in division (D)(6) below) and subtracting the total land area within lots contained in sketch plan two (as outlined in division (D)(6) below).

(6) Procedures for open space subdivision approval plan documentation; plan documentation and supporting information.

(a) Plans. Prior to applying for primary plat approval, the petitioner shall submit two plans for the tract proposed for an open space subdivision for review by the Building Commissioner.

1. A sketch plan shall depict the development of the tract in full compliance with all use and development standards of the applicable underlying residential district and Ch. 193 of this code of ordinances. This sketch plan shall be used to determine the maximum number of developable lots possible on the tract and set the density of that development.

2. A site plan shall depict the development of the tract as an open space subdivision. The density of the overall development (total number of lots), shall be no greater than that permitted by the development of the tract depicted in the sketch plan. Documentary evidence of the provision of open space in a manner and amount equal to or in excess of that required by this section shall be proved either in written format or in tabular format incorporated into the site plan.

(b) Building Commissioner review.

1. The Building Commissioner shall compare the two plans noted above to determine the appropriateness of the open space subdivision layout for the tract. In determining the appropriateness of the open space subdivision layout, the Building Commissioner shall look for the following attributes:

a. Protection of unique topographical features on the tract, including, but not limited to, slopes, streams, wooded areas and other natural features;

b. Protection and preservation of wooded areas, individual trees of significant size, wetlands or other environmentally sensitive features;

c. Development of common open space and recreational areas accessible to residents of the open space subdivision including provisions for walkways and bikeways;

d. More efficient use of land;

e. Innovative residential environments;

f. Minimization of the alteration of natural site features by the design and location of individual lots, streets and buildings. Diversity and originality in lot layout and individual building design shall be encouraged to achieve the best possible relationship between the development and the tract of land on which it is located;

g. Relationship to surrounding properties, improvement of the view from and of buildings; and

h. Minimization of the land area devoted to motor vehicle access shall be encouraged through the arrangement and location of individual lots, streets and buildings.

2. The Building Commissioner shall further review the proposed open space subdivision to ensure that it shall be constructed, arranged and operated so as not to interfere with the development and use of surrounding properties in accordance with the applicable residential district regulations, to include any necessary transition along the perimeter of the development with other abutting single-family residential districts. In review of the proposed open space subdivision, the Building Commissioner may consult with the town’s Engineer or other appropriate health and safety officials to ensure that all fire and safety issues are addressed.

3. The Building Commissioner shall provide his or her findings in writing to the petitioner, with a copy forwarded to the Plan Commission. The petitioner may then proceed with the filing of a petition for primary plat approval, which shall further serve as a petition for development plan approval. The primary plat filed shall be in substantial compliance with the site plan submitted to and reviewed by the Building Commissioner or may be revised to address or correct any deficiencies outlined in writing by the Building Commissioner. The petition for a primary plat approval, and subsequent legal notice of the public hearing regarding the petition, shall indicate clearly that the petition is for primary plat and development plan approval for an open space subdivision.

1. The Plan Commission shall make a disposition on the petition for development plan separately from the petition for primary plat approval for an open space subdivision in compliance with this chapter, Ch. 193 of this code of ordinances and the rules of procedures of the town’s Plan Commission.

2. All petitions for secondary plat approval for an open space subdivision shall comply with the primary plat approved by the Plan Commission and any commitments or conditions associated with its approval.

(d) Findings. The Plan Commission may approve a development plan (and thereby grant the waivers requested by the petitioner) indicating compliance with this section and §§ 194.125 through 194.128 of this chapter only upon finding that:

1. The use or value of area properties shall not be adversely affected. The proposed development shall be in compliance with the applicable general requirements for open space;

2. The proposed development is appropriate to the site and its surroundings; and

3. The proposed development is consistent with the intent and purpose of this chapter.

(e) Existing perimeter street lots.

1. Existing perimeter streets shall be separated by a minimum 50-foot open space buffer when rear loaded lots or lots served by an access street/drive causing the eventual house to face the existing perimeter street.

2. When lots are to cause houses to back up to an existing perimeter street, there shall be a minimum 150-foot open space buffer with landscaping equal to a Level C pursuant to § 194.106 of this chapter.

(f) Vistas.

1. Backyard vistas from internal streets shall be broken up by open space landscape areas along internal street frontage(s) where affected by such view.

2. Following approval of the development plan, the Plan Commission may then consider a primary plat following the requirements and findings of Ch. 193 of this code of ordinances and the rules of procedures of the Plan Commission.

(g) Maintenance of common open space. As a part of the approval of an open space subdivision, the petitioner shall submit with the petition for primary plat approval, and any subsequent secondary plat approvals, for review and approval documentary assurances, in the form of signed and notarized commitments, that permanent reservation of the open spaces areas shall be made and that adequate provisions are being made for the continuous and adequate maintenance of the open space subdivisions open space, common areas and recreational areas. The documentary assurance shall be incorporated in the primary plat, and subsequent secondary plats, and that all documentary assurances shall be recorded with the office of the county’s Recorder. No exceptions to, or deviations from, these commitments shall be permitted unless approved by the Plan Commission. In approving any exceptions to or deviations from these commitments, the Plan Commission shall provide a finding that the petitioner has adequately provided for the upkeep, protection and maintenance of open space, common areas or recreational areas through other legally binding perpetual agreements.

(E) General regulations. See general regulations for R districts.

(Ord. 2000-16, passed 8-28-2000, § 2.6)

§ 194.046 URBAN R-SF-1: SINGLE-FAMILY RESIDENTIAL DISTRICT.

(A) Intent. The R-SF-1: Single-Family Residential Districts are established to promote neighborhoods within the town by the development of a variety of housing types including single-family dwellings and limited public and institutional uses that are compatible with the surrounding residential neighborhoods. The development standards in this district provide for a mixture of housing opportunities in compliance with the single-family residential low density land use recommendations of the master development plan of the town.

(B) Permitted uses.

(1) Primary uses.

(a) One single-family dwelling, including a modular home dwelling and a manufactured home dwelling;

(b) Residential facility for the developmentally disabled;

(d) Child care home (that is used as the primary residence of the person who operates the child care home).

(2) Special exception uses.

(a) Club house, golf course (public and private), tennis courts and similar recreational uses that are an integral part of and for the residents of, a subdivision or planned unit development in which they are located (not including commercial community swimming pools); provided, however, that, any principal building or accessory swimming pool shall be located not less than 100 feet from any other lot in any R district;

(b) Religious use;

(d) Home occupations: see § 194.097 of this chapter; and

(e) Temporary uses: see § 194.096 of this chapter.

(2) Minimum lot area. The average lot area shall be not less than one acre within a subdivision (as defined by the primary plat) and shall have a minimum lot area of not less than one-half acre or 21,780 square feet.

(3) Minimum lot width. The minimum lot width at the building setback line shall be not less than provided in the following table:

Lot Area	Lots Not on a Cul-de-Sac	Lots on a Cul-de-Sac
1 acre or more	150 feet	120 feet between
25,000 square feet to 1 acre	100 feet	80 feet
1/2 acre to 25,000 square feet	80 feet	64 feet

(4) Minimum lot frontage. The minimum lot frontage on a public street shall be not less than provided in the following table:

Lot Area	Lots Not on a Cul-de-Sac	Lots on a Cul-de-Sac
1 acre or more	150 feet	120 feet
25,000 square feet to 1 acre	100 feet	80 feet
1/2 acre to 25,000 square feet	80 feet	64 feet
NOTES TO TABLE: * Direct access shall be gained from said public street or an abutting alley.

(5) Maximum lot coverage. Primary or special exception uses and accessory uses: 15% of the total lot area. See § 194.095 Urban Accessory Uses for additional information.

(6) Minimum yards and building setbacks.

(a) Front:

1. A minimum front yard and building setback measured from the proposed right- of-way shall be provided as follows:

Collector/local street/cul-de-sac or other street	40 feet
Primary arterial street	40 feet
Secondary arterial street	40 feet

2. In the case where a proposed right-of-way line does not exist, as determined by the transportation plan for the town or where the existing right-of-way is greater; the existing right-of-way line shall be used for the setback measurement.

(b) Side: a minimum aggregate and individual side yard shall be provided along all side lot lines as follows:

Lots with an area of 1 acre or greater	Aggregate side yards of 45 feet; no side yard shall be less than 20 feet
Lots with an area between 25,000 square feet to 1 acre	Aggregate side yards of 30 feet; no side yard shall be less than 12 feet
Lots with an area of 1/2 acre to 25,000 square feet	Aggregate side yards of 25 feet; no side yard shall be less than 10 feet

Accessory building or use	5 feet; see also § 194.018 of this chapter
Primary building	25 feet

(7) Maximum building height.

Accessory building	22 feet, but in no case shall the height of an accessory building exceed the height of the primary building
Primary building	35 feet

(8) Minimum main floor area. The minimum main floor area of the primary building, exclusive of garage, carport, deck, patio and open porches:

One-story building	1,800 square feet
Building greater than one-story	1,200 square feet; provided that, the total finished floor area shall be at least 1,800 square feet

(9) Off-street parking. See § 194.105 of this chapter.

(10) Signs. See §§ 194.160 through 194.169 of this chapter.

(11) Vision clearance areas. See § 194.021 of this chapter.

(D) Development plan approval required for open space subdivisions. All open space subdivisions proposed within an R-SF-1 District shall be subject to the filing of a development plan for review and approval by the Plan Commission as set forth in this section and §§ 194.125 through 194.128 of this chapter.

(1) Intent. Open space subdivisions are intended to allow greater flexibility in design and development of subdivisions in order to provide for more efficient use of land, protect topographical or other natural features or amenities, permit common area and open space reservation and preservation in perpetuity, and reduce overall development costs. The provisions set forth promote imaginative design in the development of subdivisions, which allows for better utilization of the unique physical qualities of the site in order to preserve them for not only the subdivision residents, but the community as a whole. To accomplish this purpose, the following regulations and development incentives to the R-SF-1 District shall be available when employing the open space subdivision option.

(2) Applicability. In any subdivision within the R-SF-1 Districts, the primary plat of which is submitted for approval after 7-1-2000 in accordance with Ch. 193 of this code of ordinances may be developed as a open space subdivision in accordance with the provisions of division (D)(3) below and §§ 194.125 through 194.128 of this chapter.

(3) Development requirements.

(a) Subdivision area (minimum size of a subdivision). There shall be a minimum of five acres required for the development of a open space subdivision. The tract of land to be divided shall be in one ownership or shall be the subject of an application for primary plat approval filed by the owners of the entire tract. The tract shall be developed as a unit and in the manner approved.

(c) Project open space. The total land area saved by using this provision shall be put into project open space, per division (E) below.

(E) Waiver of development requirements in the R-SF-1 District for open space subdivisions. Individual lots with an overall subdivision that receives development plan approval from the Plan Commission to be developed as a open space subdivision pursuant to this section and §§ 194.125 through 194.128 of this chapter, may be granted a waiver of the development requirements of the R-SF-1 District to the extent permitted below:

(1) Lot area, setback, frontage and coverage exceptions for individual lots. The following minimum provisions for lot area, rear and side yard setbacks, lot frontage and lot coverage may be reduced in a open space subdivision to the extent provided for below:

(a) Minimum lot area: 6,000 square feet;

(b) Minimum rear yard setback: 15 feet;

(d) Minimum lot frontage: minimum lot frontage may be reduced to 15 feet; provided that, each individual lot shall have direct access to a public street; and

(e) Maximum lot coverage: 50%.

(2) Zero lot line option. Any subdivision which is submitted for review and subsequent primary plat approval utilizing the open space subdivision provisions of this section, may reduce the minimum side yard requirement for one side yard of each lot to zero feet; provided that:

(a) A minimum distance of ten feet shall be required and maintained between all buildings on abutting lots;

(b) No window or doors shall be provided or maintained on that portion of the building in which the required side yard has been reduced to zero feet;

(d) An access and maintenance easement shall be recorded which provides for the continual maintenance of the lot, buildings and structures along the side yard which has been reduced to zero feet.

(3) Design and construction standards.

(a) All construction projects which are to become part of the town’s system, to be operated and maintained by the town, shall conform to the town’s design and construction standards.

(b) Construction drawings and specifications (including any variations thereof) shall be approved by the town and a written permit obtained in accordance with existing ordinances before construction begins.

(F) General requirements for project open space.

(1) The amount of permanent open space created by the development of the tract as a open space subdivision shall be:

(a) Preserved in its naturally occurring state;

(b) Developed only to the extent required to provide for:

1. The passive recreational activities of walking, biking, hiking or picnicking;

2. Developed and maintained as landscape features including, but not limited to, common areas, landscape easements and boulevard entryways; or

3. Other recreational or amenity features approved by the Plan Commission.

(d) If the project is located adjacent to any portion of a bicycle/walking/jogging pathway, or the rail trail, as developed by the town or its Parks Department, a direct linkage to such bicycle/walking/jogging pathway or rail trail from the open space shall be provided.

(2) The development of such open space shall be subject to the following additional requirements.

(a) The open space shall be equivalent to or more than the total reduction in lot area. At least 75% of the total amount of open space shall consist of land areas which are at least 50 feet wide.

(b) The open space created by the development of the tract as a open space subdivision shall further be provided in such a manner that it is accessible:

1. To residents of the open space subdivision and their guests, by way of sidewalk, footpath or combined walkway/bikeway; and

2. For maintenance.

(c) The open space shall run perpetually with the open space subdivision and shall not be developed or separated from it at a later date. Provisions shall be made for continuous and adequate maintenance of the open space at a reasonable and non-discriminatory rate of charge.

(d) No over head transmission line easement may be used in calculation of required open space.

(3) Open space shall be calculated by taking the total land area within lots contained in sketch plan one (as outlined below) and subtracting the total land area within lots contained in sketch plan two (as outlined below).

(G) Procedures for open space subdivision approval; plan documentation and supporting information.

(1) Plans. Prior to applying for primary plat approval, the petitioner shall submit two plans for the tract proposed for an open space subdivision for review by the Building Commissioner.

(a) A sketch plan shall depict the development of the tract in full compliance with all use and development standards of the applicable underlying residential district and Ch. 193 of this code of ordinances. This sketch plan shall be used to determine the maximum number of developable lots possible on the tract and set the density of that development.

(b) A site plan shall depict the development of the tract as an open space subdivision. The density of the overall development (total number of lots) shall be no greater than that permitted by the development of the tract depicted in the sketch plan. Documentary evidence of the provision of open space in a manner and amount equal to or in excess of that required by this section shall be proved either in written format or in tabular format incorporated into the site plan.

(2) Building Commissioner review.

(a) The Building Commissioner shall compare the two plans noted above to determine the appropriateness of the open space subdivision layout for the tract. In determining the appropriateness of the open space subdivision’s layout, the Building Commissioner shall look for the following attributes:

1. Protection of unique topographical features on the tract, including, but not limited to, slopes, streams, wooded areas and other natural features;

2. Protection and preservation of wooded areas, individual trees of significant size, wetlands or other environmentally sensitive features;

3. Development of common open space and recreational areas accessible to residents of the open space subdivision including provisions for walkways and bikeways;

4. More efficient use of land;

5. Innovative residential environments;

6. Minimization of the alteration of natural site features by the design and location of individual lots, streets and buildings. Diversity and originality in lot layout and individual building design shall be encouraged to achieve the best possible relationship between the development and the tract of land on which it is located;

7. Relationship to surrounding properties, improvement of the view from and of buildings; and

8. Minimization of the land area devoted to motor vehicle access shall be encouraged through the arrangement and location of individual lots, streets and buildings.

(b) The Building Commissioner shall further review the proposed open space subdivision to ensure that it shall be constructed, arranged and operated so as not to interfere with the development and use of surrounding properties in accordance with the applicable residential district regulations, to include any necessary transition along the perimeter of the development with other abutting single-family residential districts. In review of the proposed open space subdivision, the Building Commissioner may consult with the town’s Engineer or other appropriate health and safety officials to ensure that all fire and safety issues are addressed.

(c) The Building Commissioner shall provide his or her findings in writing to the petitioner, with a copy forwarded to the Plan Commission. The petitioner may then proceed with the filing of a petition for primary plat approval, which shall further serve as a petition for development plan approval. The primary plat filed shall be in substantial compliance with the site plan submitted to and reviewed by the Building Commissioner or may be revised to address or correct any deficiencies outlined in writing by the Building Commissioner. The petition for a primary plat approval, and subsequent legal notice of the public hearing regarding the petition, shall indicate clearly that the petition is for primary plat and development plan approval for an open subdivision.

(3) Plan Commission consideration.

(a) The Plan Commission shall make a disposition on the petition for development plan separately from the petition for primary plat approval for a open space subdivision in compliance with this chapter, Ch. 193 of this code of ordinances and the rules of procedures of the town’s Plan Commission.

(b) All petitions for secondary plat approval for a open space subdivision shall comply with the primary plat approved by the Plan Commission and any commitments or conditions associated with its approval.

(4) Findings. The Plan Commission may approve a development plan (and thereby grant the waivers requested by the petitioner) indicating compliance with this section and §§ 194.125 through 194.128 of this chapter only upon finding that:

(a) The use or value of area properties shall not be adversely affected;

(b) The proposed development shall be in compliance with the applicable general requirements for open space;

(d) The proposed development is consistent with the intent and purpose of this chapter.

(5) Existing perimeter street lots.

(a) Existing perimeter streets shall be separated by a minimum 50-foot open space buffer when rear loaded lots or lots served by an access street/drive causing the eventual house to face the existing perimeter street.

(b) When lots are to cause houses to back up to an existing perimeter street, there shall be a minimum 150-foot open space buffer with landscaping equal to a Level C pursuant to § 194.109 of this chapter.

(6) Vistas.

(a) Backyard vistas from internal streets shall be broken up by open space landscape areas along internal street frontage(s) where affected by such view.

(b) Following approval of the development plan, the Plan Commission may then consider a primary plat following the requirements and findings of Ch. 193 of this code of ordinances and the rules of procedures of the Plan Commission.

(H) Maintenance of common open space. As a part of the approval of an open space subdivision, the petitioner shall submit with the petition for primary plat approval, and any subsequent secondary plat approvals, for review and approval documentary assurances, in the form of signed and notarized commitments, that permanent reservation of the open spaces areas shall be made and that adequate provisions are being made for the continuous and adequate maintenance of the open space subdivisions open space, common areas and recreational areas. The documentary assurance shall be incorporated in the primary plat, and subsequent secondary plats, and that all documentary assurances shall be recorded with the office of the county’s Recorder. No exceptions to, or deviations from, these commitments shall be permitted unless approved by the Plan Commission. In approving any exceptions to or deviations from these commitments, the Plan Commission shall provide a finding that the petitioner has adequately provided for the upkeep, protection and maintenance of open space, common areas or recreational areas through other legally binding perpetual agreements.

(I) General regulations. See general regulations for R districts.

(Ord. 2000-16, passed 8-28-2000, § 2.7; Ord. 2017-17, passed 12-4-2017)

§ 194.047 URBAN R-SF-2: SINGLE-FAMILY RESIDENTIAL DISTRICT.

(A) Intent. The R-SF-2: Single-Family Residential Districts are established to promote and maintain established neighborhoods within the town by the development of a variety of housing types, including single-family dwellings and limited public and institutional uses that are compatible with the surrounding residential neighborhoods. The development standards and range of permitted uses in this district provide for a mixture of housing opportunities in compliance with the single-family residential-low density land use recommendations of the master development plan of the town.

(B) Permitted uses.

(1) Primary uses.

(a) One single-family dwelling, including a modular home dwelling and a manufactured home dwelling;

(b) Residential facility for the developmentally disabled;

(d) Child care home (that is used as the primary residence of the person who operates the child care home).

(2) Special exception uses.

(b) Religious use.

(3) Accessory uses. See § 194.095 of this chapter.

(4) Home occupations. See § 194.097 of this chapter.

(5) Temporary uses. See § 194.096 of this chapter.

(1) Water and sewer requirements. Attachment to public water and sanitary sewer facilities shall be mandatory for a development in this district for lots in any subdivision platted and recorded after 1-1-2000.

(2) Minimum lot area. The average lot area shall be not less than one-half acre within a subdivision (as defined by the primary plat), and shall have a minimum lot area of not less than 15,000 square feet.

(3) Minimum lot width. The minimum lot width at the building setback line shall be not less than provided in the following table:

Lot Area	Lots Not on a Cul-De-Sac	Lots on a Cul-De-Sac
1 acre or more	150 feet	120 feet
25,000 square feet to 1 acre	100 feet	80 feet
15,000 square feet to 25,000 square feet	80 feet	64 feet

(4) Minimum lot frontage. The minimum lot frontage on a public street shall be not less than provided in the following table:

Lot Area	Lots Not On Cul-De-Sac	Lots on a Cul-De-Sac
1 acre or more	75 feet*	60 feet*
25,000 square feet to 1 acre	50 feet*	40 feet*
15,000 square feet to 25,000 square feet	40 feet*	32 feet*
NOTES TO TABLE: *Direct access shall be gained from said public street or an abutting alley.

(5) Maximum lot coverage. Primary or special exception uses and accessory uses: 20% of the total lot area. Exception: lots within the Brittany Chase or Austin Oaks Subdivisions developed under the jurisdiction of the county’s Area Plan Commission and subsequently annexed into the town after 1-1-2004 shall be permitted a maximum lot coverage of 35%. See § 194.095 Urban Accessory Uses for additional information.

(6) Minimum yards and building setbacks.

(a) Front:

1. A minimum front yard and building setback measured from the proposed right-of-way shall be provided as follows:

Collector/local street/cul-de-sac or other street	35 feet
Primary arterial street	35 feet
Secondary arterial street	35 feet

(b) Side: a minimum aggregate and individual side yard shall be provided along all side lot lines as follows:

Lots with an area of 1 acre (43,560 square feet) or greater	Aggregate side yards of 45 feet; no side yard shall be less than 20 feet
Lots with an area between; greater than 25,000 square feet to less than 1 acre (43,560 square feet)	Aggregate side yards of 30 feet; no side yard shall be less than 12 feet
Lots with an area of 15,000 square feet to 25,000 square feet	Aggregate side yards of 25 feet; no side yard shall be less than ten feet

1. Accessory building or use: five feet, see also § 194.018 of this chapter; and

2. Primary building: 25 feet.

(7) Maximum building height.

(a) Accessory building: 22 feet, but in no case shall the height of an accessory building exceed the height of the primary building; and

(b) Primary building: 35 feet.

(8) Minimum main floor area. The minimum main floor area of the primary building, exclusive of garage, carport, deck, patio and open porches:

(a) One-story building: 1,500 square feet; and

(b) Building greater than one-story: 1,000 square feet; provided that, the total finished floor area shall be at least 1,500 square feet.

(9) Off-street parking. See § 194.105 of this chapter.

(10) Signs. See §§ 194.160 through 194.169 of this chapter.

(11) Vision clearance areas. See § 194.021 of this chapter.

(D) Development standards exception. Development standards for the real estate known as The Sanctuary at 121st Street and legally described as: Exhibit A: approved for development and the plat of which was recorded under the jurisdiction of the county’s Area Plan Commission, County Commissioners and subsequently annexed into the town on 4-8-2007 shall utilize the following development standards, notwithstanding anything to the contrary contained in the ordinance, the real estate shall be governed entirely by the zoning classification attached to this section; the plat attached to this section and made a part hereof as Exhibit A; and all provisions of the 1998 Zoning Ordinance of the county (with May 2006 amendments) that are applicable to the zoning classification and the plat, all of which are hereby incorporated by reference including, without limitation, the following development standards.

(1) Minimum height of buildings. 35 feet.

(2) Minimum ground floor area.

(a) One-story: 900 square feet; and

(b) Multi-story: 750 square feet.

(3) Maximum lot coverage. 70%.

(4) Minimum lot area. 5,000 square feet (in all districts with public sewers).

(5) Minimum acreage on utilities. One-third acre per dwelling unit.

(6) Minimum road frontage. 45 feet (up to 20% of total lots may reduce road frontage by up to 20%).

(7) Minimum front yard. 20 feet from the right-of-way or 70 feet from the center of the road, whichever is greater (not applicable to flag lots).

(8) Minimum rear yard, primary structures. 20 feet.

(9) Accessory structures. Five feet.

(10) Minimum side yard. Five feet.

(11) Minimum primary structure width. 18 feet.

(12) Minimum number of parking spaces per lot. Two spaces: all of the foregoing which shall be subject to any conditions, waivers, variances or other modifications contained in the zoning classification or the plat.

(13) Improvement location permit. The issuance of all improvement location permits by the town for the development of the real estate and the construction of any residences and accessory structures within said real estate shall be governed solely by this division (D).

(E) Development plan approval required for open space subdivisions. All open space subdivisions proposed within an R-SF-2 District shall be subject to the filing of a development plan for review and approval by the Plan Commission as set forth in this section and §§ 194.125 through 194.128 of this chapter.

(1) Intent. Open space subdivisions are intended to allow greater flexibility in design and development of subdivisions in order to provide for more efficient use of land, protect topographical or other natural features or amenities, permit common area and open space reservation and preservation in perpetuity, and reduce overall development costs. The provisions set forth promote imaginative design in the development of subdivisions, which allows for better utilization of the unique physical qualities of the site in order to preserve them for not only the subdivision residents, but the community as a whole. To accomplish this purpose, the following regulations and development incentives to the R-SF-2 District shall be available when employing the open space subdivision option.

(2) Applicability. In any subdivision within the R-SF-2 Districts, the primary plat of which is submitted for approval after 7-1-2000 in accordance with Ch. 193 of this code of ordinances may be developed as an open space subdivision in accordance with the provisions of this section and §§ 194.125 through 194.128 of this chapter.

(3) Development requirements.

(a) Subdivision area (minimum size of a subdivision). There shall be a minimum of five acres required for the development of an open space subdivision. The tract of land to be divided shall be in one ownership or shall be the subject of an application for primary plat approval filed by the owners of the entire tract. The tract shall be developed as a unit and in the manner approved.

(c) Project open space. The total land area saved by using this provision shall be put into project open space, per division (E)(5) below.

(4) Waiver of development requirements in the R-SF-2 District for open space subdivisions. Individual lots with an overall subdivision that receives development plan approval from the Plan Commission to be developed as an open space subdivision pursuant to this section and §§ 194.125 through 194.128 of this chapter, may be granted a waiver of the development requirements of the R-SF-2 District to the extent permitted below.

1. Minimum lot area. 6,000 square feet;

2. Minimum rear yard setback. 15 feet;

3. Minimum side yard setback. Five feet, unless the zero lot line option, noted in division (E)(4)(b) below, is utilized;

4. Minimum lot frontage. Minimum lot frontage may be reduced to 15 feet; provided that, each individual lot shall have direct access to a public street;

5. Maximum lot coverage. 50%; and

6. Lot width. 50 feet.

(b) Zero lot line option. Any subdivision which is submitted for review and subsequent primary plat approval utilizing the open space subdivision provisions of this section, may reduce the minimum side yard requirement for one side yard of each lot to zero feet; provided that:

1. A minimum distance of ten feet shall be required and maintained between all buildings on abutting lots;

2. No window or doors shall be provided or maintained on that portion of the building in which the required side yard has been reduced to zero feet;

3. The aggregate side yard(s) is provided on the lot according to the applicable residential district regulations; and

4. An access and maintenance easement shall be recorded which provides for the continual maintenance of the lot. Buildings and structures along the side yard which has been reduced to zero feet.

1. All construction projects which are to become part of the town’s system, to be operated and maintained by the town, shall conform to the town’s design and construction standards.

(5) General requirements for project open space.

(a) The amount of permanent open space created by the development of the tract as an open space subdivision shall be:

1. Preserved in its naturally occurring state;

2. Developed only to the extent required to provide for:

a. The passive recreational activities of walking, biking, hiking, picnicking;

b. Developed and maintained as landscape features including, but not limited to, common areas, landscape easements and boulevard entry ways; or

c. Other recreational or amenity features approved by the Plan Commission.

3. Developed into an active recreational area; and

(b) The development of such open space shall be subject to the following additional requirements.

1. The open space shall be equivalent to or more than the total reduction in lot area. At least 75% of the total amount of open space shall consist of land areas which are at least 50 feet wide.

2. The open space created by the development of the tract as a open space subdivision shall further be provided in such a manner that it is accessible:

a. To residents of the open space subdivision and their guests, by way of sidewalk, footpath or combined walkway/bikeway; and

b. For maintenance.

(c) Open space shall be calculated by taking the total land area within lots contained in sketch plan one (as outlined below) and subtracting the total land area within lots contained in sketch plan two (as outlined below).

(6) Procedures for open space subdivision approval plan documentation and supporting information.

(a) Plans. Prior to applying for primary plat approval, the petitioner shall submit two plans for the tract proposed for a open space subdivision for review by the Building Commissioner.

(b) Building Commissioner review.

1. The Building Commissioner shall compare the two plans noted above to determine the appropriateness of the open space subdivision layout for the tract. In determining the appropriateness of the open space subdivision’s layout, the Building Commissioner shall look for the following attributes:

a. Protection of unique topographical features on the tract, including, but not limited to: slopes, streams, wooded areas and other natural features;

b. Protection and preservation of wooded areas, individual trees of significant size, wetlands or other environmentally sensitive features;

c. Development of common open space and recreational areas accessible to residents of the open space subdivision including provisions for walkways and bikeways;

d. More efficient use of land;

e. Innovative residential environments;

g. Relationship to surrounding properties, improvement of the view from and of buildings; and

h. Minimization of the land area devoted to motor vehicle access shall be encouraged through the arrangement and location of individual lots, streets and buildings.

(d) Findings.

1. The Plan Commission may approve a development plan (and thereby grant the waivers requested by the petitioner) indicating compliance with this section and §§ 194.125 through 194.128 of this chapter only upon finding that:

a. The use or value of area properties shall not be adversely affected;

b. The proposed development shall be in compliance with the applicable general requirements for open space;

c. The proposed development is appropriate to the site and its surroundings; and

d. The proposed development is consistent with the intent and purpose of this chapter.

2. Following a disposition of the development plan, the Plan Commission may then consider a primary plat following the requirements and findings of Ch. 193 of this code of ordinances and the rules of procedures of the town’s Plan Commission.

(e) Existing perimeter street lots.

(f) Vistas. Backyard vistas from internal streets shall be broken up by open space landscape areas along internal street frontage(s) where affected by such view.

(7) General regulations. See general regulations for R districts.

(Ord. 2000-16, passed 8-28-2000, § 2.8; Ord. 2007-01, passed 1-8-2007; Ord. 2017-17, passed 12-4-2017; Ord. 2020-01, passed 1-6-2020)

§ 194.048 URBAN R-SF-3: URBAN SINGLE-FAMILY RESIDENTIAL DISTRICTS.

The R-SF-3 District is repealed as a zoning classification to which real estate within the town can be zoned as of 1-21-2002. The R-SF-3 District, however, shall remain a viable zoning classification for real estate zoned to said district prior to 1-21-2002 and shall continue to be platted and developed in compliance with the development standards of the R-SF-3 District.

(A) Intent. The R-SF-3, Single-Family Residential, Districts are established to promote and maintain established neighborhoods within the town by the development of a variety of housing types, including single-family dwellings and limited public and institutional uses that are compatible with the surrounding residential neighborhoods. The development standards and range of permitted uses in this district provide for a mixture of housing opportunities in compliance with the single-family residential medium density land use recommendations of the master development plan of the town.

(B) Permitted uses.

(1) Primary uses.

(a) One single-family dwelling, including a modular home dwelling and a manufactured home dwelling;

(b) Residential facility for the developmentally disabled;

(d) Child care home (that is used as the primary residence of the person who operates the child care home).

(2) Special exception uses. Club house, golf course (public and private), tennis courts and similar recreational uses that are an integral part of and for the residents of, a subdivision or planned unit development in which they are located (not including commercial community swimming pools); provided, however, that, any principal building or accessory swimming pool shall be located not less than 100 feet from any other lot in any R district.

(3) Accessory uses. See § 194.095 of this chapter.

(4) Home occupations. See § 194.097 of this chapter.

(5) Temporary uses. See § 194.096 of this chapter.

(1) Water and sewer requirements. Attachment to public water and sanitary sewer facilities shall be mandatory for all development in this district.

(2) Minimum lot area. The minimum lot area shall be not less than 15,000 square feet.

(3) Minimum lot width. The minimum lot width at the building setback line shall be not less than 80 feet.

(4) Minimum lot frontage. 40 feet on a public street and gain direct access from said public street or an abutting alley.

(5) Maximum lot coverage, primary or special exception uses and accessory uses. 25% of the total lot area.

(6) Minimum yards and building setbacks.

(a) Front:

1. A minimum front yard and building setback measured from the proposed right-of- way shall be provided as follows:

a. Secondary arterial street: 35 feet; and

b. Collector/local street, cul-de-sac or other street: 35 feet.

(b) Side: a minimum aggregate and individual side yard shall be provided along all side lot lines as follows: primary arterial street: 35 feet:

1. Aggregate side yards of 20 feet; and

2. No side yard shall be less than seven feet.

1. Primary building: 20 feet; and

2. Accessory building or use: five feet.

(7) Maximum building height.

(a) Primary building: 35 feet and not over three stories; and

(b) Accessory building: 22 feet, but in no case shall the height of an accessory building exceed the height of the primary building.

(8) Minimum main floor area. The minimum main floor area of the primary building, exclusive of garage, carport, deck, patio and open porches:

(a) One-story building: 1,200 square feet; and

(b) Building greater than one-story: 800 square feet; provided that, the total finished floor area shall be at least 1,200 square feet.

(9) Off-street parking. See § 194.105 of this chapter.

(10) Signs. See §§ 194.160 through 194.169 of this chapter.

(11) Vision clearance areas. See § 194.021 of this chapter.

(Ord. 2000-16, passed 8-28-2000, § 2.9)

§ 194.049 URBAN R-SF-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS.

(A) General. The R-SF-4 District is repealed as a zoning classification to which real estate within the town can be zoned as of 1-21-2002. The R-SF-4 District, however, shall remain a viable zoning classification for real estate zoned to said district prior to 1-21-2002 and shall continue to be platted and developed in compliance with the development standards of the R-SF-4 District.

(B) Intent. The R-SF-4, Single-Family Residential, Districts are established to promote and maintain established neighborhoods within the town by the development of a variety of housing types, including single-family dwellings and limited public and institutional uses that are compatible with the surrounding residential neighborhoods. The development standards and range of permitted uses in this district provide for a mixture of housing opportunities in compliance with the single-family residential medium density land use recommendations of the master development plan of the town.

(1) Primary uses.

(a) One single-family dwelling, including a modular home dwelling and a manufactured home dwelling;

(b) Residential facility for the developmentally disabled;

(d) Child care home (that is used as the primary residence of the person who operates the child care home).

(3) Accessory uses. See § 194.095 of this chapter.

(4) Home occupations. See § 194.097 of this chapter.

(5) Temporary uses. See § 194.096 of this chapter.

(D) Development standards.

(2) Minimum lot area. The minimum lot area shall be not less than 10,000 square feet.

(3) Minimum lot width. The minimum lot width at the building setback line shall be not less than 70 feet.

(4) Minimum lot frontage. 35 feet on a public street and gain direct access from said public street or an abutting alley.

(5) Maximum lot coverage, primary or special exception uses and accessory uses. 30% of the total lot area.

(6) Minimum yards and building setbacks.

(a) Front:

1. A minimum front yard and building setback measured from the proposed right-of-way shall be provided as follows:

a. Primary arterial street: 35 feet;

b. Secondary arterial street: 35 feet; and

c. Collector/local street/cul-de-sac or other street: 35 feet.

2. In the case where a proposed right-of way line does not exist, as determined by the transportation plan for the town, or where the existing right-of-way is greater, the existing right-of-way line shall be used for the setback measurement.

(b) Side: a minimum aggregate and individual side yard shall be provided along all side lot lines follows:

1. Aggregate side yards of 16 feet; and

2. No side yard shall be less than six feet.

1. Primary building: 20 feet; and

2. Accessory building or use: five feet.

(7) Maximum building height.

(a) Primary building: 35 feet and not over three stories; and

(b) Accessory building: 22 feet, but in no case shall the height of an accessory building exceed the height of the primary building.

(8) Minimum main floor area. The minimum main floor area of the primary building, exclusive of garage, carport, deck, patio and open porches:

(a) One-story building: 900 square feet; and

(b) Building greater than one-story: 660 square feet; provided that, the total finished floor area shall be at least 900 square feet.

(9) Off-street parking. See § 194.105 of this chapter.

(10) Signs. See §§ 194.160 through 194.169 of this chapter.

(11) Vision clearance areas. See general regulations for R districts.

(Ord. 2000-16, passed 8-28-2000, § 2.10)

§ 194.050 URBAN R-MF-1: MULTI-FAMILY RESIDENTIAL DISTRICTS.

(A) Intent. The R-MF-1, Multi-Family Residential, Districts are established to promote the development of multi-family dwellings and limited public and institutional uses that are compatible with the surrounding residential neighborhood. The development standards and range of permitted uses are designed to encourage clustering in order to promote establishing on-site amenities and to allow multi- family dwelling development in compliance with the multi-family land use recommendation of the master development plan of the town.

(B) Permitted uses.

(1) Primary uses.

(a) Multi-family dwellings;

(b) Residential facility for the developmentally disabled;

(d) Child care home (that is used as the primary residence of the person who operates the child care home).

(2) Special exception uses. Mobile dwelling park.

(3) Accessory uses. See § 194.095 of this chapter.

(4) Home occupations. See § 194.097 of this chapter.

(5) Temporary uses. See § 194.096 of this chapter.

(C) Development standards. Except mobile dwelling parks. All uses permitted in the R-MF-1 District shall conform to the following development standards.

(1) Maximum project gross density. Nine dwelling units per acre.

(2) Attachment to public water and sanitary sewer facilities. Shall be mandatory for development in this district.

(3) Minimum project area. There shall be no required minimum project area other than the land area necessary to provide for the development standards of this section.

(4) Minimum project frontage. 150 feet on a public street and gain access from said public street.

(5) Minimum setbacks and perimeter yard requirements. A minimum setback and perimeter yard shall be provided along all property lines of the project as follows:

(a) Front:

1. A minimum front yard and building setback measured from the proposed right-of-way shall be provided as follows:

a. Primary arterial street: 35 feet;

b. Secondary arterial street: 35 feet; and

c. Collector/local street/cul-de-sac or other street: 35 feet.

2. In the case where a proposed right-of-way line does not exist, as determined by the thoroughfare plan for the town or where the existing right-of-way is greater, the existing right-of-way line shall be used for the setback measurement.

(b) Side yards: 25 feet; and

(6) Use of perimeter yards. Perimeter yards shall be landscaped with grass and shrubbery, trees or hedge, or in combination with other suitable ground cover materials, subject to the requirements of § 194.109 of this chapter and shall remain as open space free from structures, except where expressly permitted by this chapter. Perimeter yards:

(a) May include pedestrian walks, driveways, interior access driveways, flag poles, fences, screening wall and similar appurtenant structures; and

(b) Shall not include parking areas or interior access drives.

(7) Minimum interior yards. In projects containing two or more buildings, interior yards shall be provided as follows.

(a) Around buildings containing dwelling units, the greater of 15 feet or ten feet, plus one additional foot for each ten feet of aggregate length of any wall of a building.

(b) Around accessory buildings or uses: five feet.

(d) Interior yards shall be measured perpendicular to the building or structure at all points.

(e) Interior yards shall not overlap any required perimeter yards. Lakes, ponds or other water bodies, shall not be included in the calculation and measurement of an interior yard.

(8) Use of interior yards. Required interior yards shall be used for open space and landscaping; provided, however, that, up to 50% of an interior yard may be used for driveways, interior access drives, parking areas, sidewalks, open balconies, uncovered porches and patios.

(9) Maximum building height.

(a) Primary building: 35 feet, but not to exceed three stories containing a dwelling unit; and

(b) Accessory buildings: 25 feet.

(10) Minimum floor area. The minimum floor area each multi-family dwelling unit, exclusive of garage, carport, deck, patio and open parches shall be:

(a) One thousand two hundred square feet for dwelling units located on one story; and

(b) Six hundred square feet per floor for dwelling units located on more than one floor.

(11) Off-street parking. See § 194.105 of this chapter.

(12) Signs. See §§ 194.160 through 194.169 of this chapter.

(13) Vision clearance areas. See § 194.021 of this chapter.

(14) Landscaping and screening requirements. See § 194.109 of this chapter.

(15) Developed recreational open space requirements. Developed recreational open space areas equal to, at a minimum, 10% of the total lot area of the project shall be required. Developed recreational open space may include, but not be limited to, such facilities as: playgrounds; tot lots; swimming pools; tennis, volleyball or basketball courts; walking and jogging paths; and common recreational buildings. Developed recreational open space areas shall not overlap any required interior yards or perimeter yards.

(16) Requirements for all private streets, interior access driveways and interior access drives for multi-family dwelling projects. Individual buildings and dwelling units located within a multi-family dwelling project may be served by private streets, interior access driveways and interior access drives developed in compliance with the standards set forth in § 194.108 of this chapter.

(D) Development standards, mobile dwelling parks. Mobile dwelling parks shall comply with the following development standards.

(1) Project area.

(a) Minimum area: ten acres;

(b) Maximum area: 40 acres; and

(c) Attachment to public water and sanitary sewer facilities: shall be mandatory for development of a mobile dwelling park.

(2) Minimum park frontage. Each park shall have at least 150 feet of contiguous frontage on a public street and shall gain direct access from said street. Each park containing over 30 dwelling units shall provide at least two accesses from a perimeter public street.

(3) Minimum setbacks and perimeter yard requirements. A minimum building setback and perimeter yard shall be provided along all property lines of the project as follows: Front:

(a) A minimum front perimeter yard and building setback measured from the right-of-way shall be provided as follows:

1. Primary arterial street: 60 feet;

2. Secondary arterial street: 40 feet; and

3. Local street/cul-de-sac street: 30 feet.

(b) Minimum side perimeter yards and building setbacks: 30 feet; and

(4) Use of minimum perimeter yards. All minimum perimeter yards shall be landscaped with grass or other suitable ground cover materials, shall remain free from structures, except where expressly permitted below.

(a) Minimum front perimeter yards may include driveways and shall be landscaped with one deciduous shade tree, ornamental tree or evergreen tree planted for every 40 feet of frontage along all required front yards. Such trees shall be reasonably spaced within and along the required front yard.

(b) Minimum side and rear perimeter yards may include interior access driveways connecting adjoining lots and shall be landscaped with one deciduous shade tree, ornamental tree or evergreen tree planted for every 30 feet of linear distance along all required side and rear perimeter yards. Such trees shall be reasonably spaced within and along all required side and rear perimeter yards.

(5) Mobile dwelling placement.

(a) Each mobile dwelling shall be located on an individual mobile dwelling site.

(b) Minimum mobile dwelling site area:

1. Single wide units: 4,000 square feet; and

2. Double (or greater) wide units: 5,000 square feet.

(c) Front building setback: ten feet from right-of-way of an internal public street or ten feet from the curb line of any interior private street or interior access drive within the park. Parking spaces shall not be permitted within this required setback.

(d) A minimum distance of 50 feet shall be provided between any mobile dwelling and any non-mobile dwelling within the mobile dwelling park.

(e) A minimum distance of 25 feet shall be provided between all mobile dwellings at their closest point to each other.

(f) Any mobile dwelling accessory structure open on at least two sides may project into such required interior yard; provided that, the distance between such accessory structure and any other mobile dwelling, or between such accessory structures of two mobile dwellings, shall be at least 15 feet.

(6) Minimum recreational and open space areas.

(a) Developed recreational and common open space areas equal to, at a minimum, 10% of the total area of the mobile dwelling park shall be required. Land used for the required perimeter yard, mobile dwelling sites, vehicular areas, access easements and rights-of-way shall not be considered as part of this required 10% open space. Items such as drainage swales may be included as open space if, through proper design, they add favorably to the open space inventory and site development of the mobile dwelling park and do not present a health or safety hazard to mobile dwelling park residents.

(b) Recreational and common open space areas shall be accessible to all mobile dwelling park residents, appropriately located within the mobile dwelling park with respect to the residents they are designed to serve and with regard to adjacent land uses. Accessibility to such areas shall not solely be gained by way of a mobile dwelling site.

(7) Off-street parking. See § 194.098 of this chapter.

(8) Open storage area. An open storage area shall be provided within the park boundaries for the purpose of storing travel trailers, campers, boats and other recreational vehicles owned by park residents. The open storage area required for the park shall be computed on the basis of 120 square feet of space per mobile dwelling site. Such open storage areas shall be screened so as not to be directly visible from any perimeter boundary of the park and shall be accessible to all park residents. Travel trailers, campers, boats and other recreational vehicles shall be permitted to be stored only in such storage areas, whether temporarily or permanently.

(9) Paved stands. All mobile dwellings sites shall be improved as follows.

(a) Concrete runners, concrete pillars or a paved stand shall be provided to accommodate each mobile dwelling.

(b) An anchoring system or tie-down shall be provided, installed and attached to the mobile dwelling upon its placement on the mobile dwelling site to withstand the specified horizontal, up-lift, overturning wind forces on a mobile dwelling based upon accepted engineering design standards as required by Regulation HSE 21 of the state’s Board of Health.

(10) Skirting. No later than 30 days after a mobile dwelling has been placed upon a mobile dwelling site, the areas between the bottom of the sides and ends of the mobile dwelling and the surface upon which it is located shall be enclosed by walls made of a visibly opaque skirting material. Mobile dwellings shall have skirting or other design attachments installed by the mobile dwelling owner which shall harmonize with the architectural style of the mobile dwelling. Access doors shall be permitted under the mobile dwelling.

(11) Maximum building height.

(a) All mobile dwellings, accessory buildings or structures: 25 feet; and

(b) All management offices, common recreation and service buildings: 35 feet.

(12) Streets and sidewalks.

(a) Public streets, private streets, interior access drives, driveways and off-street parking areas shall be provided in accordance with § 194.108 of this chapter.

(b) Sidewalks shall be installed within each park in accordance with the following.

1. Sidewalks are required to be installed on one side of a street with an improved width of 20 feet or less and on both sides of a street with an improved width of greater than 20 feet.

2. All sidewalks shall be hard surfaced, shall have a width of no less than four feet, and shall have a thickness of no less than four inches.

(13) Signs. See §§ 194.160 through 194.169 of this chapter.

(14) Vision clearance areas. See § 194.021 of this chapter.

(E) Development plan approval required. Lots located in a R-MF-1 District shall be subject to the filing of a development plan for review and approval by the Plan Commission, as set forth in §§ 194.125 through 194.128 of this chapter.

(F) General regulations. See general regulations for R districts.

(Ord. 2000-16, passed 8-28-2000, § 2.11)

§ 194.051 URBAN R-MF-2: MULTI-FAMILY RESIDENTIAL DISTRICTS.

(A) Intent. The R-MF-2, Multi-Family Residential, Districts are established to promote the development of multi-family dwellings and limited public and institutional uses that are compatible with the surrounding residential neighborhood. The development standards and range of permitted uses are designed to encourage open spacing in order to promote establishing on-site amenities and to allow multi- family dwelling development in compliance with the multi-family land use recommendation of the master development plan of the town.

(B) Permitted uses.

(1) Primary uses.

(a) Multi-family dwellings;

(b) Residential facility for the developmentally disabled;

(d) Child care home (that is used as the primary residence of the person who operates the child care home).

(2) Special exception uses. Mobile dwelling park.

(3) Accessory uses. See § 194.095 of this chapter.

(4) Home occupations. See § 194.097 of this chapter.

(5) Temporary uses. See § 194.096 of this chapter.

(C) Development standards, except mobile dwelling parks. All uses permitted in the R-MF-2 District shall conform to the following development standards.

(1) Maximum project gross density. 15 dwelling units per acre.

(2) Attachment to public water and sanitary sewer facilities. Shall be mandatory for development in this district.

(3) Minimum project area. There shall be no required minimum project area other than the land area necessary to provide for the development standards of this section.

(4) Minimum project frontage. 150 feet on a public street and gain access from said public street.

(5) Minimum setbacks and perimeter yard requirements. A minimum setback and perimeter yard shall be provided along all property lines of the project as follows:

(a) Front: a minimum front yard and building setback measured from the proposed right-of-way shall be provided as follows:

1. Primary arterial street: 35 feet;

2. Secondary arterial street: 35 feet; and

3. Collector/local street/cul-de-sac or other street: 25 feet.

(b) Side yards: 25 feet; and

(a) May include pedestrian walks, driveways, interior access driveways, flag poles, fences, screening wall and similar appurtenant structures; and

(b) Shall not include parking areas or interior access drives.

(7) Minimum interior yards. In projects containing two or more buildings, interior yards shall be provided as follows:

(a) Around buildings containing dwelling units: ten feet, plus one additional foot for each ten feet of aggregate length of any wall of a building;

(b) Around accessory buildings or uses: five feet;

(d) Interior yards shall be measured perpendicular to the building or structure at all points; and

(e) Interior yards shall not overlap any required perimeter yards. Lakes, ponds or other waterbodies shall not be included in the calculation and measurement of an interior yard.

(8) Use of interior yards. Required interior yards shall be used for open space and landscaping; provided, however, that, up to 65% of an interior yard may be used for driveways, interior access drives, parking areas, sidewalks, open balconies, uncovered porches and patios.

(9) Maximum building height.

(a) Primary building: 35 feet, but not to exceed three stories containing a dwelling unit; and

(b) Accessory buildings: 25 feet.

(10) Minimum floor area. The minimum floor area of each multi-family dwelling unit, exclusive of garage, carport, deck, patio and open porches shall be:

(a) Seven hundred twenty square feet for dwelling units located on one story; and

(b) Five hundred square feet per floor for dwelling units located on more than one floor.

(11) Off-street parking. See § 194.105 of this chapter.

(12) Signs. See §§ 194.160 through 194.169 of this chapter.

(13) Vision clearance areas. See § 194.021 of this chapter.

(14) Landscaping and screening requirements. See § 194.109 of this chapter.

(15) Developed recreational open space requirements.

(a) Developed recreational open space areas equal to, at a minimum, 7% of the total lot area of the project shall be required. Developed recreational open space may include, but not be limited to, such facilities as: playgrounds; tot lots; swimming pools; tennis, volleyball or basketball courts; and common recreational buildings. Developed recreational open space areas shall not overlap any required interior yards or perimeter yards.

(b) If the project is located adjacent to any portion of the greenway plan as set forth in the Comprehensive Plan, a direct linkage to such greenway from the open space shall be provided.

(D) Development standards, mobile dwelling parks. Mobile dwelling parks shall comply with the following development standards:

(1) Project area.

(a) Minimum area: ten acres; and

(b) Maximum area: 40 acres.

(2) Attachment to public water and sanitary sewer facilities. Shall be mandatory for development of a mobile dwelling park.

(3) Minimum park frontage. Each park shall have at least 150 feet of contiguous frontage on a public street and shall gain direct access from said street. Each park containing over 30 dwelling units shall provide at least two accesses from a perimeter public street.

(4) Minimum setbacks and perimeter yard requirements. A minimum building setback and perimeter yard shall be provided along all property lines of the project as follows:

(a) Front: a minimum front perimeter yard and building setback measured from the right-of-way shall be provided as follows:

1. Primary arterial street: 60 feet;

2. Secondary arterial street: 40 feet; and

3. Local street/cul-de-sac street: 30 feet.

(b) Minimum side perimeter yards and building setbacks: 30 feet; and

(5) Use of minimum perimeter yards. All minimum perimeter yards shall be landscaped with grass or other suitable ground cover material shall remain free from structures, except where expressly permitted below.

(6) Mobile dwelling placement.

(a) Each mobile dwelling shall be located on an individual mobile dwelling site.

(b) Minimum mobile dwelling site area:

1. Single wide units: 4,000 square feet; and

2. Double (or greater) wide units: 5,000 square feet.

(d) A minimum distance of 50 feet shall be provided between any mobile dwelling and any non-mobile dwelling within the mobile dwelling park.

(e) A minimum distance of 25 feet shall be provided between all mobile dwellings at their closest point to each other.

(f) Any mobile dwelling accessory structure, open on at least two sides, may project into such require interior yard; provided that, the distance between such accessory structure and any other mobile dwelling, or between such accessory structures of two mobile dwellings, shall be at least 15 feet.

(7) Minimum recreational and open space areas.

(8) Off-street parking. See § 194.105 of this chapter.

(9) Open storage area. An open storage area shall be provided within the park boundaries for the purpose of storing travel trailers, campers, boats and other recreational vehicles owned by park residents. The open storage area required for the park shall be computed on the basis of 120 square feet of space per mobile dwelling site. Such open storage areas shall be screened so as not to be directly visible from any perimeter boundary of the park and shall be accessible to all park residents. Travel trailers, campers, boats and other recreational vehicles shall be permitted to be stored only in such storage areas, whether temporarily or permanently.

(10) Paved stands. All mobile dwellings sites shall be improved as follows.

(a) Concrete runners, concrete pillars or a paved stand shall be provided to accommodate each mobile dwelling.

(11) Skirting. No later than 30 days after a mobile dwelling has been placed upon a mobile dwelling site, the areas between the bottom of the sides and ends of the mobile dwelling and the surface upon which it is located shall be enclosed by walls made of a visibly opaque skirting material. Mobile dwellings shall have skirting or other design attachments installed by the mobile dwelling owner which shall harmonize with the architectural style of the mobile dwelling. Access doors shall be permitted under the mobile dwelling.

(12) Maximum building height.

(a) All mobile dwellings, accessory buildings or structures: 25 feet; and

(b) All management offices, common recreation and service buildings: 35 feet.

(13) Streets and sidewalks.

(a) Public streets, private streets, interior access drives, driveways and off-street parking areas shall be provided in accordance with § 194.108 of this chapter.

(b) Sidewalks shall be installed within each park in accordance with the following:

1. Sidewalks are required to be installed on one side of a street with an improved width of 20 feet or less and on both sides of a street with an improved width of greater than 20 feet.

2. All sidewalks shall be hard surfaced, shall have a width of no less than four feet, and shall have a thickness of no less than four inches.

(14) Signs. See §§ 194.160 through 194.169 of this chapter.

(15) Vision clearance areas. See § 194.021 of this chapter.

(E) Development plan approval required. All lots located in a R-MF-2 District shall be subject to the filing of a development plan for review and approval by the Plan Commission, as set forth in §§ 194.125 through 194.128 of this chapter.

(F) General regulations. See general regulations for R districts.

(Ord. 2000-16, passed 8-28-2000, § 2.12)

§ 194.052 URBAN R-V: VILLAGE RESIDENTIAL DISTRICTS.

(A) Intent. The R-V Village Residential District is established to promote and maintain the historic core or village neighborhoods within the town. The development standards reinforce the traditional height, bulk and area features of these neighborhoods to maintain their scale and proportion in compliance with the village residential land use recommendation of the master development plan of the town.

(B) Permitted uses.

(1) Primary uses.

(a) Single-family dwelling, including a modular home dwelling and a manufactured home dwelling;

(b) Residential facility for the developmentally disabled;

(d) Child care home (that is used as the primary residence of the person who operates the child care home).

(2) Special exception uses. Subject to the provisions of § 194.202 of this chapter:

(a) Two-family dwelling; and

(b) Religious use.

(3) Accessory uses. See § 194.095 of this chapter.

(4) Home occupations. See § 194.097 of this chapter.

(5) Temporary uses. See § 194.096 of this chapter.

(1) Minimum lot area. 8,000 square feet. Attachment to public water and sanitary sewer facilities shall be mandatory for development in this district.

(2) Minimum lot width. 50 feet.

(3) Minimum lot frontage. 50 feet on a public street and gain direct access from said public street or an abutting alley.

(4) Maximum lot coverage; primary or special exception uses and accessory uses. 35% of the lot. See § 194.095 Urban Accessory Uses for additional information.

(5) Minimum yards and building setbacks.

(a) Front:

1. A minimum front yard and building setback measured from the existing right-of-way shall be provided as follows:

a. Primary arterial street: 30 feet;

b. Secondary arterial street: 30 feet; and

c. Collector/local street/cul-de-sac or other street: 20 feet.

2. Exception: in any block face in which an existing front yard setback is established by existing, legally established buildings or structures on 50% or more of the total number of lots within the same block face fronting on the same public street, the minimum required front yard setback for any new building, structure or addition along such block face shall be the average of such established front yards if such dimension is less than or greater than the minimum front yard setback established by this chapter. In the case of a new building or structure, the lot on which the building or structure is to be erected shall not be included in the calculation of the average of the established front yards for the block face.

(b) Side:

1. A minimum side yard of five feet shall be provided along all side lot lines. However, in no case shall the distance between any two buildings, whether located on the same lot or on abutting lots, be less than ten feet. Driveways shall be required to meet the minimum side yard requirement.

2. See also § 194.020 of this chapter.

(d) Rear:

1. A minimum rear yard shall be provided along all rear lot lines as follows:

a. Primary building: 20 feet; and

b. Accessory building: five feet.

2. See also § 194.020 of this chapter.

(6) Maximum building height.

(a) Primary building: 35 feet and not over three stories; and

(b) Accessory building: 22 feet, but in no case shall the height of an accessory building exceed that of the primary building.

(7) Minimum main floor area. The minimum main floor area of the primary building, exclusive of garage, carport, deck, patio and open porches:

(a) One-story building: 900 square feet per dwelling unit; and

(b) Two- or more story building: 650 square feet per dwelling unit; provided that, the total finished floor area shall be at least 900 square feet.

(8) Off-street parking. See § 194.105 of this chapter.

(9) Signs. See §§ 194.160 through 194.169 of this chapter.

(10) Vision clearance areas. See § 194.021 of this chapter.

(D) General regulations. See general regulations for R districts.

(Ord. 2000-16, passed 8-28-2000, § 2.13; Ord. 2017-17, passed 12-4-2017)

§ 194.053 RURAL R-1: RURAL SINGLE-FAMILY RESIDENTIAL.

(A) Purpose and intent. The R-1, Rural Single-family Residential, District is hereby established to be a low-density rural residential district. The lot area and minimum floor area requirements are intended to be larger than the other rural residential districts, and development in this district typically has a density of less than one home per two acres.

(B) Tables. Please refer to the Rural Zoning District Tables:

(1) Table 1: Land Use Districts;

(2) Table 2: Authorized Uses;

(3) Table 3: Residential Uses and Requirements, Single-Family;

(4) Table 4: Residential Uses and Requirements, Two-Family and Multi-Family Dwellings;

(5) Table 5: Residential Uses and Requirements Mobile Home Parks Established after 1-1-1999; and

(6) Table 6: Commercial, Industrial and Other Non-Residential Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.14)

§ 194.054 RURAL R-2: RURAL SINGLE- AND TWO-FAMILY RESIDENTIAL.

(A) Purpose and intent. The R-2, Rural Single-Family and Two-Family Residential, District is hereby established to be low-density single-family district, which could include two-family dwellings by development plan approval. This district is primarily suited for rural residential development in areas contiguous to the urban centers of the county. Development in this district typically ranges from 0.50 homes per acre (without public water and public sewer) to 1.75 homes per acre (with public water and public sewer).

(B) Tables. Please refer to the Rural Zoning District Tables:

(1) Table 1: Land Use Districts;

(2) Table 2: Authorized Uses;

(3) Table 3: Residential Uses and Requirements, Single-Family;

(4) Table 4: Residential Uses and Requirements, Two-Family and Multi-Family Dwellings;

(5) Table 5: Residential Uses and Requirements Mobile Home Parks Established after 1-1-1999; and

(6) Table 6: Commercial, Industrial and Other Non-Residential Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.15)

§ 194.055 RURAL R-3: RURAL SINGLE- AND TWO-FAMILY RESIDENTIAL.

(A) Purpose and intent. The R-3, Rural Single-Family and Two-Family Residential, District is hereby established to be a medium-density single-family district, which may include two-family dwellings by development plan approval. Development in this district typically ranges from 1.75 homes per acre to three homes per acre. In this district, residential development at these densities requires connection to public water and public sewer.

(B) Tables. Please refer to the Rural Zoning District Tables:

(1) Table 1: Land Use Districts;

(2) Table 2: Authorized Uses;

(3) Table 3: Residential Uses and Requirements, Single-Family;

(4) Table 4: Residential Uses and Requirements, Two-Family and Multi-Family Dwellings;

(5) Table 5: Residential Uses and Requirements Mobile Home Parks Established after 1-1-1999; and

(6) Table 6: Commercial, Industrial and Other Non-Residential Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.16)

§ 194.056 RURAL R-4: RURAL SINGLE- AND TWO-FAMILY RESIDENTIAL.

(A) Purpose and intent. The R-4, Rural Single- and Two-Family Residential, District is hereby established for high-density single-family dwellings and may include two-family dwellings by development plan approval. Single- and two-family development in this district typically ranges from three homes per acre to 4.25 homes per acre. Two-family development typically ranges from seven units per acre to 12 units per acre. In this district, single- and two-family development at these densities requires connection to public water and public sewer utilities.

(B) Tables. Please refer to the Rural Zoning District Tables:

(1) Table 1: Land Use Districts;

(2) Table 2: Authorized Uses;

(3) Table 3: Residential Uses and Requirements, Single-Family;

(4) Table 4: Residential Uses and Requirements, Two-Family and Multi-Family Dwellings;

(5) Table 5: Residential Uses and Requirements Mobile Home Parks Established after 1-1-1999; and

(6) Table 6: Commercial, Industrial and Other Non-Residential Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.17)

§ 194.057 RURAL MF: RURAL MULTI-FAMILY RESIDENTIAL.

(A) Purpose and intent. The R-5, Rural Multi-Family Residential, District is hereby established as a high-density multi-family residential district. Development in this district is typically at a density of seven to 12 dwelling units per acre. Development in this district requires connection to public water and public sewers.

(B) Tables. Please refer to the Rural Zoning District Tables:

(1) Table 1: Land Use Districts;

(2) Table 2: Authorized Uses;

(3) Table 3: Residential Uses and Requirements, Single-Family;

(4) Table 4: Residential Uses and Requirements, Two-Family and Multi-Family Dwellings;

(5) Table 5: Residential Uses and Requirements Mobile Home Parks Established after 1-1-1999; and

(6) Table 6: Commercial, Industrial and Other Non-Residential Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.18)

§ 194.058 URBAN B-O: OFFICE BUSINESS DISTRICT.

(A) Intent. B-O: Office Districts are established to promote the development of areas where office uses, compatible office-type businesses and some public and semi-public uses are developed in close proximity with commercial areas while serving as a buffer or transitional area between commercial areas and existing or future residential areas. Uses within the B-O Districts are regulated in character to assure harmonious development with the residential districts which the B-O Districts buffers from more intense commercial development.

(B) Permitted uses.

(1) Primary uses.

(a) Communication/utilities: telephone exchange;

(b) Miscellaneous: clinic, medical, dental or optometrists;

1. Child care center;

2. Day nursery;

3. Nursery school;

4. Kindergarten; and

5. School-commercial, trade or business.

(d) Office: any type;

(e) Professional services:

1. Automated teller machines/ATMs (excluding freestanding machines);

2. Bank/savings and loan;

3. Credit union;

4. Designer services;

5. Musician or artist studio;

6. Photographic studio; and

7. Travel agency.

(f) Government use:

1. Governmental services (excluding police or fire station); and

2. Post office (without storage of delivery vehicles).

(g) Semi-public facilities:

1. Museum; and

2. Religious use.

(2) Special exception uses.

(a) Communication/utilities: public wells;

(b) Public facilities:

1. Community center; and

2. Parking garage.

1. Drive-through customer service units; and

2. Freestanding automated teller machines/ATMs.

(d) Residential:

1. Assisted-living facility;

2. Nursing home; and

3. Convalescent home.

(3) Accessory uses. See § 194.095 of this chapter. In addition, subordinate, appropriate and incidental to the above permitted primary uses, the following uses shall be considered accessory uses in this district, and shall be permitted as a supportive service within the same building as the primary use served:

(a) Cafeteria/restaurant (serving only employees and guests of the primary use);

(b) Drug store/pharmacy;

(d) Office supplies; and

(e) Photocopying and duplicating services. These additional accessory uses shall:

1. Have a total gross floor area which does not exceed 10% of the total gross floor area of the primary building in which the use is located;

2. Be for the primary purpose observing the occupants, employees or guests of the primary use; and

3. Not be permitted any exterior freestanding or building identification signs.

(4) Temporary uses. See § 194.096 of this chapter.

(1) Water and sewer requirements. Attachment to public water and sanitary sewer facilities shall be mandatory for development in this district.

(2) Minimum lot width and frontage. Each lot or integrated center shall have a minimum lot width and frontage on a street of 50 feet.

(3) Yards and setbacks.

(a) Front:

1. A minimum front yard and building setback measured from the proposed right-of-way shall be provided as follows:

Street Classification	Front Yard	Front Bufferyard
Limited access street	30 feet	30 feet
Any other street	10 feet	20 feet

2. In the case where a proposed right-of-way line does not exist, as determined by the transportation plan, or where the existing right-of-way is greater, the existing right-of-way line shall be used for the setback measurement.

(b) Minimum side and rear yard and setback shall be provided from the lot line as follows:

1. Minimum side yard: ten feet;

2. Minimum side bufferyard: 25 feet;

3. Minimum rear yard: ten feet; and

4. Minimum rear bufferyard: 25 feet.

(c) Outlots within an integrated center shall provide a minimum yard of five feet along all lot lines in common with other outlots or with the main portion of the integrated center. If any portion of an outlot abuts the perimeter of the integrated center, that portion of the outlot shall be required to comply with the applicable minimum front, side or rear yard requirements set forth above. The main portion of the integrated center shall not be required to provide a minimum yard along the lot line in common with an outlot.

(4) Use of minimum yards and bufferyards. All minimum yards and bufferyards shall be landscaped with grass, trees, shrubbery or hedge or in combination with other suitable ground cover materials and shall remain free from structures, except where expressly permitted below.

(a) Minimum front yards and front bufferyards may include driveways and shall be maintained as open space free from buildings or other structures in compliance with the landscaping requirements set forth in § 194.109 of this chapter.

(b) Minimum side and rear yards may include interior access driveways connecting to adjoining lots; provided that, the remainder of said yards shall be maintained as open space free from buildings or structures in compliance with the landscaping requirements set forth in § 194.109 of this chapter.

(c) Minimum side and rear bufferyards shall be landscaped with grass and shrubbery, trees or hedge, or in combination with other suitable ground cover materials and maintained in compliance with the landscaping requirements set forth in § 194.109 of this chapter.

(5) Maximum building height. 45 feet.

(6) Off-street parking. See § 194.105 of this chapter.

(7) Off-street loading. See § 194.106 of this chapter.

(8) Signs. See §§ 194.160 through 194.169 of this chapter.

(9) Vision clearance areas. See § 194.021 of this chapter.

(10) Landscaping and screening requirements. See § 194.109 of this chapter.

(11) Outdoor operations. All uses and operations (except off-street parking, off-street loading and delivery, walk-up customer service windows) shall be conducted completely within enclosed buildings, except where expressly permitted below: trash container(s) exceeding 36 cubic feet shall:

(a) Be completely screened on all four sides with a solid-walled or opaque fenced enclosure with gate not less than six feet or greater than eight feet in height above grade;

(b) Be located behind the established front building line; and

(D) Development plan approval required. All lots in a B-O District shall be subject to the filing of a development plan for review and approval by the Plan Commission as set forth in §§ 194.125 through 194.128 of this chapter.

(1) Architectural design requirements.

(a) Design theme. Buildings shall be designed to incorporate the salient features of and be consistent with or complementary to the Zionsville theme, incorporating the architecture, design and overall aesthetic exterior character of a building consistent with the Georgian, Federal, Greek Revival or Victorian architectural styles.

(b) Building materials.

1. Exposed foundations shall be constructed of one or more of the following;

a. Brick in a color historically consistent with the selected architectural style;

b. Stone (limestone, granite, fieldstone and the like); and

c. Architectural pre-cast concrete, if surface looks like brick or stone.

2. Facade walls shall be constructed of any combination of:

a. Stone;

b. Clapboard siding;

c. Brick in a color historically consistent with the selected architectural style;

d. Beaded siding; or

e. Dryvit. In order to create variation and interest in the built environment, all new buildings or building additions shall use the exterior building materials specified below. In addition, the exterior building material selection shall be supplemented by the use of multiple colors, textures (e.g., rough, smooth, striated and the like) or architectural elements (quions, pilasters, soldier courses, friezes, cornices, dentils and the like) on each facade. Two or three building materials (excluding glass in windows or doors and roofing material) shall be utilized for all facades visible from a street or alley. The primary building material shall be one of the following brick; stone; clapboard; or dryvit, and shall constitute a minimum of 60% of the available wall area (exclusive of window and doors) of each applicable facade.

(c) Roofs. In no case shall rooftop mechanical equipment be visible from adjoining R districts. All vents, attic ventilators, turbines, flues and other roof penetrations shall be painted to match the color of the roof, or painted flat black. Gutters and downspouts shall be appropriate to or visually integrated with the selected architectural style of the structure. Dormers, belvederes, cupolas and pergolas may be utilized as a design element, so long as they are designed with the details, proportions, style and materials consistent with the selected architectural design of the building.

1. Pitched roofs. Roofs shall be simply and symmetrically pitched and only in the configuration of gables and hips, with pitches ranging from 4:12 to 14:12. Pitched roofs shall be clad in wood shingles, slate, composition asphalt shingle or standing-seam metal panels. Shingle or panel color shall be appropriate to the design of the building.

2. Shed roofs. Shed roofs are permitted only when the ridge is attached to an exterior wall of a building, with pitches ranging from 4:12 to 14:12.

(d) Entrances. The main building or tenant space pedestrian entrances shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns and other design elements appropriate to the selected architectural style and details of the building as a whole. The location, orientation, proportion and style of doors shall reflect the chosen style of the building.

(e) Windows. All window design shall be compatib1e with the style, materials, color, details and proportion of the building. The number of panes, the way the window opens, the trim around the window and whether the window is embellished with shutters shall be consistent with the selected architectural style of the building.

(f) Storefronts. Storefronts shall be integrally designed with the overall facade character. Ground floor retail, service and restaurant uses may use large pane display windows; provided, however, such windows shall not exceed 75% of the total ground level (first floor) facade area. Buildings with multiple storefronts shall be of unified design, through the use of common building materials, architectural details, signs and lighting consistent with the overall building style. Each individual tenant shall have a primary entrance to the storefront from the exterior of the building.

(g) Awnings, canopies. In addition to the provisions of § 194.163 of this chapter, fixed or retractable awnings or canopies are permitted; provided, they complement the building’s architectural style, building materials, colors and details; do not conceal architectural features (such as cornices, columns, pilasters or decorative details); do not impair facade composition; and are designed as an integral part of the facade. Metal, plastic or aluminum awnings are prohibited.

(2) Lighting requirements. See § 194.113.

(3) Building orientation. Rear building facades shall not face a public street. No loading spaces shall be permitted to face a street.

(Ord. 2000-16, passed 8-28-2000, § 2.19; Ord. 2008-15, passed 8-4-2008; Ord. 2016-04, passed 4-5-2016)

§ 194.059 URBAN B-1: URBAN NEIGHBORHOOD BUSINESS.

(A) Intent. The B-1: Neighborhood Business Districts are established to promote development of areas for convenience uses which tend to meet the daily needs of the residents of the immediate residential districts. Uses within the B-1 Districts are regulated in intensity and character to assure harmonious development with the residential districts served and are limited in size and scale to promote pedestrian access and ensure compatibility of this district with adjacent residential development.

(B) Permitted uses.

(1) Primary uses.

(a) Child care center;

(b) Personal service:

1. Barber or beauty shop;

2. Health spa; fitness center; or tanning salon; and

3. Locksmith.

1. Dressmaking; dry cleaning and laundry establishment (including self-service);

2. Millinery or fabric shop; and

3. Shoe repair shop; tailor and pressing shop.

(d) Communication/utilities: telephone exchange;

(e) Semi-public facilities:

1. Community center; and

2. Religious use.

(f) Retail:

1. Antique shop;

2. Apparel shop;

3. Appliance store;

4. Art gallery;

5. Arts and crafts store;

6. Book store;

7. Card shop; camera store; clock shop;

8. Coin or stamp shop;

9. Computer store;

10. Department store;

11. Drug store;

12. Fabric store;

13. Flower shop/florist;

14. Frame shop;

15. Furniture store;

16. Gift shop;

17. Hardware store;

18. Hobby, toy or game shop;

19. Jewelry store;

20. Music shop; and

21. News dealer.

(g) Retail food sales and service:

1. Bakery; candy store;

2. Convenience store (no gasoline sales);

3. Dairy bar/ice cream store/yogurt store;

4. Delicatessen;

5. Grocery;

6. Meat market; and

7. Restaurant (drive-through service units prohibited).

(h) Miscellaneous:

1. Clinic: medical, dental;

2. Chiropractic or optometrists; and

3. Bed and breakfast.

(i) Office, any type; and

(j) Professional services:

1. Bank/savings and loan/credit union, including bank machines (drive-through service units and freestanding automated teller machines/ATMs prohibited);

2. Photographic studio;

3. Travel agency;

4. Pet shop;

5. Shoe store;

6. Stationery and book store; and

7. Video tape rental or sales.

(2) Special exception uses.

(a) Communication/utilities:

1. Public utility substation; and

2. Public wells.

(b) Miscellaneous:

1. Print shop;

2. Drive-through customer service units; and

3. Freestanding automated teller machines (ATMs).

1. Roadside food sales stand;

2. Liquor store; and

3. Tavern/bar.

(d) Public facilities: neighborhood recycling collection point;

(e) Governmental use:

1. Police or fire station; and

2. Post office.

(f) Recreation:

1. Arcade; dancing, aerobics, gymnastics studio; and

2. Lodge or private club recreation.

(3) Accessory uses. See § 194.095 of this chapter.

(4) Temporary uses. See § 194.096 of this chapter.

(1) Water and sanitary system requirements. Attachment to public water and sanitary sewer facilities shall be mandatory for development in this district.

(2) Minimum lot width and frontage. Each lot or integrated center shall have a minimum lot width and frontage on a public street of 50 feet.

(a) Front:

1. A minimum front yard and building setback measured from the proposed right of-way shall be provided as follows:

Street Classification	Front Yard	Front Bufferyard
Limited access street	30 feet	30 feet
Any other street	10 feet	20 feet

2. In the case where a proposed right-of-way line does not exist, as determined by the transportation plan, or where the existing right-of-way is greater, the existing right-of way line shall be used for the setback measurement.

(b) Minimum side and rear yard and setback shall be provided from the lot line as follows:

1. Minimum side yard: zero feet;

2. Minimum side bufferyard: 25 feet;

3. Minimum rear yard: zero feet; and

4. Minimum rear bufferyard: 25 feet.

(3) Minimum yards for outlots. Outlots within an integrated center shall provide a minimum yard of five feet along all lot lines in common with other outlots or with the main portion of the integrated center. If any portion of an outlot abuts the perimeter of the integrated center, that portion of the outlot shall be required to comply with the applicable minimum front, side or rear yard requirements set forth above. The main portion of the integrated center shall not be required to provide a minimum yard along the lot line in common with an outlot.

(4) Use of minimum yards and bufferyards. All minimum yards and bufferyards shall be landscaped with grass, trees, shrubbery or hedge, or in combination with other suitable ground cover materials and shall remain free from structures, except where expressly permitted below.

(a) Minimum front yards and front bufferyards may include driveways and shall be maintained as open space free from buildings or structures in compliance with the landscaping requirements set forth in § 194.109 of this chapter.

(b) Minimum side and rear bufferyards shall be landscaped with grass and shrubbery, trees or hedge, or in combination with other suitable ground cover materials and maintained in compliance with the landscaping requirements set forth in § 194.109 of this chapter.

(5) Maximum building height. 35 feet and not to exceed three stories.

(6) Maximum gross floor area. No single use, whether freestanding or contained in an integrated center, shall exceed 15,000 square feet of gross floor area. No integrated center shall exceed 30,000 square feet of total gross floor area.

(7) Off-street parking. See § 194.105 of this chapter.

(8) Off-street loading. See § 194.106 of this chapter.

(9) Signs. See §§ 194.160 through 194.169 of this chapter.

(10) Vision clearance areas. See § 194.021 of this chapter.

(11) Landscaping and screening requirements. See § 194.109 of this chapter.

(12) Outdoor operations. All uses and operations (except off-street parking, off-street loading and delivery, walk-up customer service windows) shall be conducted completely within enclosed buildings, except where expressly permitted below.

(a) Outdoor seating shall not be located between a building line and a bufferyard.

(b) Trash container(s) exceeding six cubic feet shall:

1. Be completely screened on all four sides with a solid-walled or opaque fenced stall with gate not less than six feet in height;

2. Be located behind the established front building line; and

3. Not be located within a required yard or bufferyard.

(D) Development plan approval required. All lots in a B-1 District shall be subject to the filing of a development plan for review and approval by the Plan Commission as set forth in §§ 194.125 through 194.128 of this chapter.

(1) Architectural design requirements.

(b) Building materials.

1. Exposed foundations shall be constructed of one or more of the following:

a. Brick in a color historically consistent with the selected architectural style;

b. Stone (limestone, granite, fieldstone and the like); or

c. Architectural pre-cast concrete, if surface looks like brick or stone.

2. Clapboard siding;

3. Brick in a color historically consistent with the selected architectural style;

4. Beaded siding; or

5. Dryvit. In order to create variation and interest in the built environment, all new buildings or building additions shall use the exterior building materials specified below. In addition, the exterior building material selection shall be supplemented by the use of multiple colors, textures (e.g. rough, smooth, striated and the like) or architectural elements (quions, pilasters, soldier courses, friezes, cornices, dentils and the like) on each facade. Two or three building materials (excluding glass in windows or doors and roofing material) shall be utilized for all facades visible from a street or alley.

a. The primary building material shall be one of the following: brick, stone, clapboard or dryvit.

b. Facade walls shall be constructed of any combination of the following and shall constitute a minimum of 60% of the available wall area (exclusive of window and doors) of each applicable facade:

i. Stone;

ii. Brick;

iii. Stone;

iv. Clapboard; or

v. Dryvit.

2. Shed roofs. Shed roofs are permitted only when the ridge is attached to an exterior wall of a building, with pitches ranging from 4:12 to 14:12.

3. Flat roofs. Flat roofs are permitted when consistent with the selected style of architecture, if edged by a railing or parapet, and if rooftop mechanical equipment is either camouflaged on all sides or visually integrated into the overall design of the building. In no case shall rooftop mechanical equipment be visible from adjoining R districts. All vents, attic ventilators, turbines, flues and other roof penetrations shall be painted to match the color of the roof, or painted flat black. Gutters and downspouts shall be appropriate to or visually integrated with the selected architectural style of the structure. Dormers, belvederes, cupolas and pergolas may be utilized as a design element, so long as they are designed with the details, proportions, style and materials consistent with the selected architectural design of the building.

(e) Windows. All window design shall be compatible with the style, materials, color, details and proportion of the building. The number of panes, the way the window opens, the trim around the window and whether the window is embellished with shutters shall be consistent with the selected architectural style of the building.

(2) Lighting requirements. See § 194.113.

(3) Building orientation. Rear building facades shall not face a public street. No loading spaces shall be permitted to face a street.

(Ord. 2000-16, passed 8-28-2000, § 2.20; Ord. 2016-04, passed 4-5-2016)

§ 194.060 URBAN B-2: URBAN GENERAL BUSINESS DISTRICT.

(A) Intent. The B-2: General Business Districts are established to provide a location for higher volume and higher intensity commercial uses than the B-1 District. Activities in this district are often large space users located along a primary arterial street.

(B) Permitted uses.

(1) Primary uses.

(a) Any uses permitted in the B-1 District (except child care center);

(b) Professional services:

1. Print shop; and

2. Veterinary clinic/hospital (indoor boarding and runs).

1. Automobile repair, minor;

2. Automobile parts sales (new);

3. Automobile quick oil change facility;

4. Car wash (automated and self);

5. Gasoline service station;

6. Painting and customizing; and

7. Tire or muffler service center.

(d) Personal service:

1. Hotel;

2. Motel; and

3. Mortuary/funeral home.

(e) Public facilities:

1. Parking garages; and

2. Surface parking lots.

(f) Clothing service:

1. Costume shop; and

2. Tuxedo rental.

(g) Recreation:

1. Dancing, aerobics, gymnastics studio;

2. Banquet hall;

3. Billiard room;

4. Bowling alley;

5. Lodge or fraternal organization;

6. Miniature golf;

7. Night club (see division (D)(13) below);

8. Skating rink, ice or roller (indoor);

9. Tennis/racquet club (indoor); and

10. Theater (indoor).

(h) Food sales and service:

1. Convenience store (gasoline sales permitted) (see division (D)(13) below);

2. Restaurant (drive through service units permitted) (see division (D)(13) below); and

3. Tavern/bar (see division (D)(13) below).

(i) Governmental use:

1. Police or fire station; and

2. Post office.

(j) Retail:

1. Department store;

2. Home improvement store;

3. Liquor store (see division (C)(13) below);

4. Paint/w all covering/floor; covering store;

5. Radio, television, electronics;

6. Sales or service;

7. Sporting goods store; and

8. Tobacco store.

(k) Miscellaneous:

1. Bus station;

2. Hospital;

3. Rehabilitation center; and

4. Repair of electronics.

(2) Special exception uses.

(a) Communication/utilities: public utility substation;

(b) Retail:

1. Lumber yard; and

2. Satellite dish sales or service.

(d) Public facilities: neighborhood recycling collection point.

(3) Accessory uses. See § 194.095 of this chapter.

(4) Temporary uses. See § 194.096 of this chapter.

(1) Water and sanitary system requirements. Attachment to public water and sanitary sewer facilities shall be mandatory for development in this district.

(2) Minimum lot width and frontage. Each lot or integrated center shall have a minimum lot width and frontage on a public street of 50 feet.

(3) Yards and setbacks.

(a) Front:

1. A minimum front yard and building setback measured from the proposed right-of-way shall be provided as follows:

Street Classification	Front Yard Front	Front Bufferyard
Limited access street	30 feet	30 feet
Any other street	10 feet	30 feet

(b) Minimum side and rear yard and setback shall be provided from the lot line as follows:

1. Minimum side yard: zero feet;

2. Minimum side bufferyard: 30 feet;

3. Minimum rear yard: zero feet; and

4. Minimum rear bufferyard: 30 feet.

(a) Minimum front yards and bufferyards may include driveways and shall be maintained as open space free from buildings or structures in compliance with the landscaping requirements set forth in § 194.109 of this chapter.

(5) Maximum building height. 45 feet.

(6) Off-street parking. See § 194.105 of this chapter.

(7) Off-street loading. See § 194.106 of this chapter.

(8) Requirements for drive-through, off-street stacking spaces. See § 194.108 of this chapter.

(9) Signs. See §§ 194.160 through 194.169 of this chapter.

(10) Vision clearance areas. See § 194.021 of this chapter.

(11) Landscaping and screening requirements. See § 194.109 of this chapter.

(12) Outdoor operations. All uses and operations (except off-street parking, off-street loading and delivery, walk-up or drive-through customer service windows) shall be conducted completely within enclosed buildings, except where expressly permitted below.

(a) Outdoor seating shall not be located between a building line and a bufferyard.

(b) Trash container(s) exceeding 36 cubic feet shall:

1. Be completely screened on all four sides with a solid-walled or opaque fenced enclosure with gate not less than six feet or greater than eight feet in height above grade;

2. Be located behind the established front building line; and

3. Not be located within a required yard or bufferyard yard.

(13) Separation from R districts. Taverns, package liquor stores, night clubs, convenience stores, fast-food or drive-through restaurants shall not be located within 100 feet, measured in any direction, of an R district. The measurement shall be taken from the exterior of the building (or the tenant bay of the establishment if the use is an integrated center), to the zoning boundary of the R district.

(14) Maximum gross floor area. No single use, whether freestanding or contained in an integrated center, shall exceed 60,000 square feet of gross floor area. No integrated center shall exceed 125,000 square feet of total gross floor area.

(D) Development plan approval required. All lots in a B-2 District shall be subject to the filing of a development plan for review and approval by the Plan Commission as set forth in §§ 194.125 through 194.128 of this chapter.

(1) Architectural design requirements.

(b) Building materials.

1. Exposed foundations shall be constructed of one or more of the following:

a. Brick in a color historically consistent with the selected architectural style;

b. Stone (limestone, granite, fieldstone and the like); and

c. Architectural pre-cast concrete, if surface looks like brick or stone.

2. Facade walls shall be constructed of any combination of:

a. Stone;

b. Clapboard siding;

c. Brick in a color historically consistent with the selected architectural style;

d. Beaded siding; or

e. Dryvit. In order to create variation and interest in the built environment, all new buildings or building additions shall use the exterior building materials specified below. In addition, the exterior building material selection shall be supplemented by the use of multiple colors, textures (e.g., rough, smooth, striated and the like) or architectural elements (quions, pilasters, soldier courses, friezes, cornices, dentils and the like) on each facade. Two or three building materials (excluding glass in windows or doors and roofing material) shall be utilized for all facades visible from a street or alley. The primary building material shall be one of the following and shall constitute a minimum of 60% of the available wall area (exclusive of window and doors) of each applicable facade:

i. Brick;

ii. Stone;

iii. Clapboard; or

iv. Dryvit.

2. Shed roofs. Shed roofs are permitted only when the ridge is attached to an exterior wall of a Building, with pitches ranging from 4:12 to 14:12.

(g) Awnings, canopies. In addition to the provisions of § 194.163 of this chapter, fixed or retractable awnings or canopies are permitted; provided they: complement the building’s architectural style, building materials, colors and details; do not conceal architectural features (such as cornices, columns, pilasters or decorative details); do not impair facade composition; and are designed as an integral part of the facade. Metal, plastic or aluminum awnings are prohibited.

(2) Lighting requirements. See § 194.113.

(Ord. 2000-16, passed 8-28-2000, § 2.21; Ord. 2016-04, passed 4-5-2016)

§ 194.061 URBAN B-3: URBAN OUTDOOR BUSINESS.

(A) Intent. The B-3: Outdoor Business Districts are established to provide areas for those retail sales and service establishments which are characterized by outdoor display or sales of merchandise (automobile sales or rental), outdoor activities (commercial recreational enterprises) or those uses requiring extensive land areas (lumber yards, “big box” retail establishments). These types of uses tend to draw customers from a regional, rather than local, area. This district should be located on a primary arterial street or similar heavy commercial thoroughfare and should avoid being located adjacent to R districts.

(B) Permitted uses.

(1) Primary uses.

(a) Any use permitted in the B-2 District;

(b) Professional services: veterinary clinic/hospital (indoor or outdoor boarding or runs);

1. Automobile, truck or bus sales or service;

2. Automobile, truck or bus rental;

3. Automobile repair-major;

4. Automobile parts sales (new or used);

5. RV and camper sales or service;

6. Auto service center; and

7. Boat sales.

(d) Recreation:

1. Indoor or outdoor commercial;

2. Recreational enterprise, including, miniature golf, skating rink-ice or roller;

3. Tennis/racquet club; and

4. Theater.

(e) Food and sales service:

1. Farmers market; and

2. Roadside food sales stand.

(f) Retail:

1. Lumber yard; and

2. Satellite dish sales or service.

(g) Miscellaneous:

1. Self-storage (mini-) warehouses; and

2. Tool or equipment rental.

(2) Special exception uses.

(a) Communication/utilities:

1. Public utility substation; and

2. Public wells.

(b) Miscellaneous:

1. Contractor, any type; and

2. Manufactured home sales.

(d) Public facilities: neighborhood recycling collection point.

(3) Accessory uses. See § 194.095 of this chapter.

(4) Temporary uses. See § 194.096 of this chapter.

(1) Water and sanitary system requirements. Attachments to public water and sanitary sewer facilities shall be mandatory for development in this district.

(2) Minimum lot width and frontage. Each lot or integrated center shall have a minimum lot width and frontage on a public street if 50 feet.

(3) Yards and setbacks.

(a) Front:

1. A minimum front yard and building setback measured from the proposed right-of-way shall be provided as follows:

Street Classification	Front Yard	Front Bufferyard
Limited access street	30 feet	30 feet
Any other street	10 feet	30 feet

(b) Minimum side and rear yard and setback shall be provided from the lot line as follows:

1. Minimum side yard: zero feet;

2. Minimum side bufferyard: 40 feet;

3. Minimum rear yard: zero feet; and

4. Minimum rear bufferyard: 40 feet.

(4) Use of minimum yards and bufferyards. All minimum yards and front bufferyards shall be landscaped with grass, trees, shrubbery or hedge, or in combination with other suitable ground cover materials and shall remain free from structures, except where expressly permitted below.

(a) Minimum front yards and bufferyards may include driveways and shall be maintained as open space free from buildings or structures in compliance with the requirements set forth in § 194.109 of this chapter.

(b) Minimum side and rear bufferyards shall be landscaped with grass and shrubbery, trees or hedge, or in combination with other suitable ground cover materials and maintained in compliance with the requirements set forth in § 194.109 of this chapter.

(5) Maximum building height. 45 feet.

(6) Off-street parking. See § 194.105 of this chapter.

(7) Off-street loading. See § 194.106 of this chapter.

(8) Requirements for drive-through, off-street stacking spaces. See § 194.108 of this chapter.

(9) Signs. See §§ 194.160 through 194.169 of this chapter.

(10) Vision clearance areas. See § 194.021 of this chapter.

(11) Landscaping and screening requirements. See § 194.109 of this chapter.

(a) Outdoor display and sales areas shall:

1. Not be located between a building line and a bufferyard;

2. Not be located in any minimum yard or bufferyard, off-street parking area or off-street loading area;

3. Be of concrete, asphaltic pavement, brick, flagstone or comparable material maintained in good condition;

4. Be provided with bumper or wheel guards along the perimeter of any vehicular display area; and

5. Not interfere with walks, parking areas, loading areas, driveways, interior access driveways or interior access drives.

(b) Trash container(s) exceeding 36 cubic feet shall:

1. Be completely screened on all four sides with a solid-walled or opaque fenced enclosure with gate not less than six feet or greater than eight feet in height above grade;

2. Be located behind the established front building line; and

3. Not be located within a required yard or bufferyard.

(c) Separation from R districts: taverns, package liquor stores, night clubs, convenience stores, fast-food or drive-through restaurants shall not be located within 100 feet, measured in any direction, of an R district. The measurement shall be taken from the exterior of the building (or the tenant bay of the establishment if the use is an integrated center), to the zoning boundary of the R district.

(d) Maximum gross floor area: no single use, whether freestanding or contained in an integrated center, shall exceed 60,000 square feet of gross floor area. No integrated center shall exceed 125,000 square feet of total gross floor area.

(D) Development plan approval required. All lots in a B-3 District shall be subject to the filing of a development plan for review and approval by the Plan Commission as set forth in §§ 194.125 through 194.128 of this chapter.

(1) Architectural design requirements.

(b) Building materials.

1. Exposed foundations shall be constructed of one or more of the following:

a. Brick in a color historically consistent with the selected architectural style;

b. Stone (limestone, granite, fieldstone and the like); and

c. Architectural pre-cast concrete, if surface looks like brick or stone.

2. Facade walls shall be constructed of any combination of:

a. Stone;

b. Clapboard siding;

c. Brick in a color historically consistent with the selected architectural style;

d. Beaded siding; or

e. Dryvit. In order to create variation and interest in the built environment, all new buildings or building additions shall use the exterior building materials specified below. In addition, the exterior building material selection shall be supplemented by the use of multiple colors, textures (e.g., rough, smooth, striated and the like) or architectural elements (quions, pilasters, soldier courses, friezes, cornices, dentils and the like) on each facade. Two or three building materials (excluding glass in windows or doors and roofing material) shall be utilized for all facades visible from a street or alley. The primary building material shall be one of the following, and shall constitute a minimum of 60% of the available wall area (exclusive of window and doors) of each applicable facade:

i. Brick;

ii. Stone;

iii. Clapboard; or

iv. Dryvit.

1. Pitched roofs. Roofs shall be simply and symmetrically pitched and only in configuration of gables and hips, with pitches ranging from 4:12 to 14:12. Pitched roofs shall be clad in wood shingles, slate, composition asphalt shingle or standing-seam metal panels. Shingle or panel color shall be appropriate to the design of the building.

2. Shed roofs. Shed roofs are permitted only when the ridge is attached to an exterior wall of a Building, with pitches ranging from 4:12 to 14:12.

(g) Awnings, canopies. In addition to the provisions of § 194.163 of this chapter, fixed or retractable awnings or canopies are permitted, provided they complement the building’s architectural style, building materials, colors and details; do not conceal architectural features (such as cornices, columns, pilasters or decorative details); do not impair facade composition; and are designed as an integral part of the facade. Metal, plastic or aluminum awnings are prohibited.

(2) See § 194.113.

(3) Building orientation. Rear building facades shall not face a public street. No loading spaces shall be permitted to face a street.

(Ord. 2000-16, passed 8-28-2000, § 2.22; Ord. 2016-04, passed 4-5-2016)

§ 194.062 URBAN VBD: URBAN VILLAGE BUSINESS.

(A) Intent. The VBD (Village Business) District is composed of the downtown business center. The regulations are intended to:

(1) Be compatible with, and strengthen the existing character of, the historic downtown and its unique Main Street area; and

(2) Promote a concentrated business area which maximizes the use of properties, encourages pedestrian activity and discourages interruptions in the continuity of business frontages.

(B) Permitted uses.

(1) Primary uses drive. Through service units shall not be permitted for any uses noted below:

(a) Automotive: automobile sales, minor;

(b) Retail food sales and service:

1. Bakery;

2. Neighborhood market (no gasoline sales);

3. Dairy bar/ice cream store/yogurt store (retail sales);

4. Delicatessen;

5. Farmers market;

6. Grocery;

7. Meat market; and

8. Restaurant.

(d) Clothing service:

1. Costume rental;

2. Dressmaking;

3. Dry cleaning and laundry establishment;

4. Millinery shop (fabric shop);

5. Shoe repair shop; and

6. Tailor and pressing shop.

(e) Retail:

1. Antique shop;

2. Apparel shop;

3. Appliance store;

4. Art gallery;

5. Art and craft store;

6. Bicycle sales;

7. Camera store;

8. Card shop;

9. Clock shop;

10. Coin and stamp shop;

11. Computer store;

12. Department store;

13. Drug store;

14. Fabric store;

15. Flower shop;

16. Floor coverings;

17. Frame shop;

18. Furniture store;

19. Gift shop;

20. Hardware store;

21. Hobby, toy or game shop;

22. Home improvement store;

23. Jewelry store;

24. Music shop;

25. News dealer;

26. Paint/wall cover store;

27. Pet store;

28. Shoe store;

29. Sporting goods store;

30. Stationary and book store;

31. Tobacco store;

32. Variety store; and

33. Video tape rental or sales.

(f) Office/professional services:

1. Architect;

2. Artist;

3. Bank machines/automated teller machines (ATMs) (freestanding units not permitted);

4. Bank/savings and loan/credit union;

5. Consultant;

6. Dentist or physician;

7. Design services;

8. Engineer;

9. Insurance agent;

10. Lawyer;

11. Musician;

12. Pharmacist;

13. Photographic studio;

14. Professional offices;

15. Real estate office;

16. Service organization office; and

17. Travel agency.

(g) Personal service:

1. Barbershop;

2. Beauty shop;

3. Locksmith; and

4. Tanning salon.

(2) Special exception uses.

(a) Government use:

1. Governmental offices; and

2. Post office (without storage of delivery vehicles).

(b) Recreation:

1. Dancing, aerobics, gymnastics studio;

2. Lodge or fraternal organization; and

3. Social hall.

1. Community center;

2. Museum;

3. Park;

4. Parking garage;

5. Commercial parking lot (surface); and

6. Religious use.

(d) Miscellaneous:

1. Print shop;

2. Drive-through service unit;

3. Outdoor seating for restaurants, subject to the provisions of division (C)(14) below; and

4. Outdoor display of merchandise, subject to the provisions of division (C)(14) below.

(e) Retail:

1. Garden supply; and

2. Pet shop.

(f) Personal service:

1. Bed and breakfast; and

2. Health spa or fitness center.

(g) Liquor sales and service:

1. Liquor store; and

2. Tavern/bar.

(3) Accessory uses. See § 194.095 of this chapter.

(4) Temporary uses. See § 194.096 of this chapter.

(1) Water and sanitary system requirements. Attachment to public water and sanitary sewer facilities shall be mandatory for development in this district.

(2) Minimum lot width and frontage. Each lot shall have a minimum lot width and frontage on a public street of 40 feet and gain access from said public street or abutting alley.

(3) Maximum lot coverage. 100% of the lot area.

(4) Maximum gross floor area. No single use, whether freestanding or contained in an integrated center, shall exceed 5,000 square feet of floor area on the ground floor.

(5) Integrated center floor area. No integrated center shall exceed 15,000 square feet of floor area on the ground floor.

(6) Yards and setbacks.

(a) Minimum. Minimum front yard for any building or structure (except surface parking) shall be zero feet.

(b) Exceptions.

1. In any block face in this district in which an existing front yard setback of greater than zero feet is established by existing, legally established buildings or structures on more than 50% of the total number of lots within the same block face fronting on the same public street, the required front yard setback for any new building, structure or addition along such block face shall be the average of such established front yards. In the case of a new building or structure, the lot on which the building or structure is to be erected shall not be included in the calculation of the average of the established front yards for the block face.

2. Minimum front yards required for surface parking lots.

(c) Primary use. Depth of yard: six feet, measured from and paralleling the right-of-way. Except where interrupted by a driveway, all minimum front yards shall be free from buildings or structures, landscaped with grass or other suitable ground cover materials and shall include the following landscaping: one deciduous shade tree, ornamental tree or evergreen tree planted for every 30 feet of frontage along the required front yard. The minimum size of trees to be planted shall be as required in Table 12(C).

(d) Accessory use. Parking lots shall not be permitted between a front building line and a front lot line.

(7) Awnings and canopies.

(a) Awnings and canopies may encroach over the sidewalk onto public right-of-way; provided:

1. When the width of all awnings along the direction of a particular building facade is ten feet or less, the horizontal projection of such awnings shall not exceed six feet from the facade of any supporting building. (See Figure 3, Diagram 1.) The vertical distance from the top to the bottom of such awnings shall not exceed six feet, including any valance. (See Figure 3, Diagram 1.);

2. When the width of all awnings along the direction of a particular building facade exceed ten feet, the horizontal projection of such awnings shall not exceed four feet from the facade of any supporting building. (See Figure 3, Diagram 1.) The vertical distance from the top to the bottom of such awnings shall not exceed four feet, including any valance. (See Figure 3, Diagram 1.); and

3. The horizontal projection of any awning may extend to a point not closer than two feet from any street curb, pavement edge or edge of an interior access drive.

(b) Canopies.

1. The maximum width of any canopy shall be ten feet. (See Figure 4.)

2. The horizontal projection of any canopy may extend to a point not closer than two feet from any street curb, pavement edge or edge of an interior access drive. (See Figure 4.)

3. The outer column support shall be located in the outer one-third of the walk area. (See Figure 4.)

4. In no case shall the minimum distance between the entry and the column support be less than four feet.

5. The vertical distance from the top to the bottom of the canopy shall not exceed an average of four feet, including any valance. The highest point of the canopy shall not be higher than four feet above the door opening or 16 feet.

6. Canopies shall not be spaced closer than 20 feet from each other, measured from centerline to centerline. (See Figure 4.)

7. Minimum clearance, awnings and canopies height above finished grade: all potions of any awning or canopy, excluding the column supports for a canopy, shall be not less than nine feet above the finished grade. (See Figure 4.) An awning or canopy valance shall be not less than eight feet above the finished grade. (See also § 194.165 of this chapter.)

(8) Minimum side and rear yard and setback. From the lot line as follows measured from and paralleling the lot line, shall be provided along such side or rear lot line. Except where interrupted by a driveway, all minimum bufferyards shall be free from buildings or structures, landscaped with grass or other suitable ground cover materials in compliance with § 194.109 of this chapter:

(a) Minimum side yard: zero feet;

(b) Minimum side bufferyard: ten feet;

(d) Minimum rear bufferyard: ten feet.

(9) Building height.

(a) Primary structure:

1. Minimum height: 22 feet; and

2. Maximum height: 35 feet and not over three stories. However, in no case shall the height of a primary structure exceed the average building height established by existing, legally established buildings or structures within the same block face fronting the same public street. In the case of a new building or structure, the lot on which the building or structure is to be erected shall not be inc1uded in the calculation of the average of the established buildings or structures for the block face.

(b) Accessory structure: 22 feet.

(c) In the Village Business District, maximum building height shall be the vertical distance measured from finished grade to the highest point of the building, including parapets, towers, chimneys or any other ancillary structure or embellishment.

(10) Off-street parking. The total number of off-street parking spaces required for any use in the VBD District, calculated per the provisions of § 194.105 of this chapter, shall be reduced by 50%.

(11) Off-street loading. See § 194.105 of this chapter.

(12) Signs. See §§ 194.160 through 194.169 of this chapter.

(13) Vision clearance areas. The provisions of § 194.021 of this chapter shall not apply to the VBD District.

(14) Outdoor operations. Except for the following uses which may be conducted outdoors, all uses and operations in the VBD District shall be conducted completely within enclosed buildings:

(a) Off-street parking, off-street loading and delivery;

(b) Walk-up customer service windows or automated teller machines (ATMs); provided, they are not free standing and are set flush with the facade of the building;

1. Be completely screened on all four sides with a solid-walled or opaque fenced enclosure with gate not less than six feet, nor greater than eight feet in height above grade;

2. Be located behind the established front building line; and

3. Not be located within a required yard or bufferyard.

(d) Outdoor seating for restaurants or outdoor display of merchandise may be conducted only upon the grant of a special exception by the Board of Zoning Appeals, and subject to the following regulations:

1. Shall not reduce the effective sidewalk width measured from the back the curb to less than five feet;

2. Shall be located against the building facade;

3. Shall not block access points to the business or the building;

4. Shall be permitted only along the business tenant bay or storefront facade;

5. Shall be permitted only during the hours of operation of the business and shall be removed at the close of each business day; and

6. Shall require an encroachment permit from the Building Commissioner.

(D) Development plan required. All lots located in the VBD District shall be subject to the filing of a development plan for review and approval by the Plan Commission, as set forth in §§ 194.125 through 194.128 of this chapter. In review of a development plan, the Plan Commission shall base its review on compliance with the following requirements.

(1) Architectural design requirements.

(b) Building materials. In order to create variation and interest in the built environment, all new buildings or building additions shall use the exterior building materials specified below. In addition, the exterior building material selection shall be supplemented by the use of multiple colors, textures (e.g., rough, smooth, striated and the like) or architectural elements (quions, pilasters, soldier courses, friezes, cornices, dentils and the like) on each facade. Two or three building materials (excluding glass in windows or doors and roofing material) shall be utilized for all facades visible from a street or alley. The primary building material shall be one of the four options noted in division (D)(1)(b)2. below and shall constitute a minimum of 60% of the available wall area (exclusive of window and doors) of each applicable facade.

1. Exposed foundations shall be constructed of one or more of the following:

a. Brick in a color historically consistent with the selected architectural style;

b. Stone (limestone, granite, fieldstone and the like); or

c. Architectural concrete, if surface looks like brick or stone.

2. Facade walls shall be constructed of any combination of:

a. Stone;

b. Wood clapboard siding;

c. Brick in a color historically consistent with the selected architectural style; or

d. Wood beaded siding.

1. Pitched roofs. Roofs shall be simply and symmetrically pitched and only in the configuration of gables and hips, with pitches ranging from 4:12 to 14:12. Pitched roofs shall be clad in wood shingles, slate and composition asphalt shingle or standing-seam metal panels. Shingle or panel color shall be appropriate to the design of the building.

2. Shed roofs. Shed roofs are permitted only when the ridge is attached to an exterior wall of a Building, with pitches ranging from 4:12 to 14:12.

3. Flat roofs.

a. Flat roofs are permitted when consistent with the selected style of architecture. if edged by a railing or parapet, and if rooftop mechanical equipment is either camouflaged on all sides or visually integrated into the overall design of the building.

b. In no case shall rooftop mechanical equipment be visible from adjoining R districts. All vents, attic ventilators, turbines, flues and other roof penetrations shall be painted to match the color of the roof, or painted flat black. Gutters and downspouts shall be appropriate to or visually integrated with the selected architectural style of the structure.

c. Dormers, belvederes, cupolas and pergolas may be utilized as a design element, so long as they are designed with the details, proportions, style and materials consistent with the selected architectural design of the building.

(f) Storefronts. Storefronts shall be integrally designed with the overall facade character. Ground floor retail, service and restaurant uses should generally have large pane display windows; however, they shall not exceed 75% of the total ground level (first floor) facade area. Buildings with multiple storefronts shall be of unified design, through the use of common building materials, architectural details, signs and lighting consistent with the overall building style. Each individual tenant shall have a primary entrance to the storefront from the public street.

(g) Awnings, canopies.

1. In addition to the provisions hereof, fixed or retractable awnings or canopies are permitted; provided, they complement the building’s architectural style, building materials, colors and details; do not conceal architectural features (such as cornices, columns, pilasters or decorative details); do not impair facade composition; and are designed as an integral part of the facade.

2. Metal, plastic or aluminum awnings or canopies are prohibited.

(2) Lighting requirements. See § 194.113.

(Ord. 2000-16, passed 8-28-2000, § 2.23; Ord. 2016-04, passed 4-5-2016)

§ 194.063 RURAL LB: RURAL LOCAL BUSINESS.

(A) Purpose and intent. The LB, Rural Local Business, District is hereby established to be designed and located in rural neighborhoods to accommodate the primary needs of that locality. This district would place convenience and necessity facilities close to consumers in limited areas close to residents.

(B) Tables. Please refer to the Rural Zoning District Tables:

(1) Table 1: Land Use Districts;

(2) Table 2: Authorized Uses;

(3) Table 3: Residential Uses and Requirements, Single-Family;

(4) Table 4: Residential Uses and Requirements, Two-Family and Multi-Family Dwellings;

(5) Table 5: Residential Uses and Requirements, Mobile Home Parks Established after 1-1-1999; and

(6) Table 6: Commercial, Industrial and Other Non-Residential Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.24)

§ 194.064 RURAL PB: RURAL PROFESSIONAL BUSINESS.

(A) Purpose and intent. The PB, Rural Professional Business, District is hereby established as a buffer generally between rural commercial and rural residential districts permitting selected businesses and professional uses having limited contact with the public.

(B) Tables. Please refer to the Rural Zoning District Tables:

(1) Table 1: Land Use Districts;

(2) Table 2: Authorized Uses;

(3) Table 3: Residential Uses and Requirements, Single-Family;

(4) Table 4: Residential Uses and Requirements, Two-Family and Multi-Family Dwellings;

(5) Table 5: Residential Uses and Requirements, Mobile Home Parks Established after 1-1-1999; and

(6) Table 6: Commercial, Industrial and Other Non-Residential Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.25)

§ 194.065 RURAL UB: RURAL URBAN BUSINESS.

(A) Purpose and intent. The UB, Rural Urban Business, District is hereby established to address the needs of existing and future downtown development. This district carries virtually all of the characteristics of the GB, Rural General Business, District, but without setbacks, bufferyards or other design requirements common to suburban development.

(B) Tables. Please refer to the Rural Zoning District Tables:

(1) Table 1: Land Use Districts;

(2) Table 2: Authorized Uses;

(3) Table 3: Residential Uses and Requirements, Single-Family;

(4) Table 4: Residential Uses and Requirements, Two-Family and Multi-Family Dwellings;

(5) Table 5: Residential Uses and Requirements, Mobile Home Parks Established after 1-1-1999; and

(6) Table 6: Commercial, Industrial and Other Non-Residential Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.26)

§ 194.066 RURAL GB: RURAL GENERAL BUSINESS.

(A) Purpose and intent. The GB, Rural General Business District, is hereby established to include central business districts in established urban places in the town’s rural area. This district would be used for most types of business and service areas.

(B) Tables. Please refer to the Rural Zoning District Tables:

(1) Table 1: Land Use Districts;

(2) Table 2: Authorized Uses;

(3) Table 3: Residential Uses and Requirements, Single-Family;

(4) Table 4: Residential Uses and Requirements, Two-Family and Multi-Family Dwellings;

(5) Table 5: Residential Uses and Requirements, Mobile Home Parks Established after 1-1-1999; and

(6) Table 6: Commercial, Industrial and Other Non-Residential Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.27)

§ 194.067 AB: RURAL ACCOMMODATION BUSINESS.

(A) Purpose and intent. The AB, Rural Accommodation Business, District is hereby established to include areas adjacent to interstate interchanges and is designed to serve the needs of the public traveling on these major thoroughfares.

(B) Tables. Please refer to the Rural Zoning District Tables:

(1) Table 1: Land Use Districts;

(2) Table 2: Authorized Uses;

(3) Table 3: Residential Uses and Requirements, Single-Family;

(4) Table 4: Residential Uses and Requirements, Two-Family and Multi-Family Dwellings;

(5) Table 5: Residential Uses and Requirements, Mobile Home Parks Established after 1-1-1999; and

(6) Table 6: Commercial, Industrial and Other Non-Residential Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.28)

§ 194.068 URBAN I-ORT URBAN OFFICE/RESEARCH/TECHNOLOGY INDUSTRIAL.

(A) Intent. The I-ORT: Office/Research/Technology Industrial Districts are established to promote the development of research facilities, testing laboratories and administrative facilities which are generally compatible in physical appearance and service requirements to office uses. Other uses, such as distribution, warehouse and flex-space centers, and light manufacturing or assembly operations which are generally free from objectionable elements such as odor, dust, smoke or glare and are operated within enclosed structures, are also permitted. This district is designed to function as a “gateway” district, with easy access and high visibility from primary transportation routes, while acting as a transitional use or buffer between heavy industrial or outdoor commercial districts and lower intensity residential or commercial uses.

(B) Permitted uses.

(1) Primary uses.

(a) Administrative:

1. Corporate headquarters; and

2. Offices any type (no ancillary public retail or service-commercial components).

(b) Education/support services:

1. School-commercial, trade or business; industrial training facility; and

2. Day care center.

1. Data processing/analysis;

2. Telecommunication tower; and

3. Telephone exchange.

(d) Educational use: school, commercial, trade or business; industrial training facility;

(e) Industrial uses, agri-science:

1. Agri-science, medical or dental laboratories, or research facilities;

2. Assembly of previously manufactured parts, subassemblies or components;

3. Distribution center (shall contain an office component occupying a minimum of 20% of the gross square footage of the building);

4. Engineering laboratories; flex-space;

5. Manufacture of, or light assembly or repair of previously manufactured parts for:

a. Appliances: light; portable; household;

b. Bicycles, motorcycles or parts; cabinets;

c. Carpets/rugs;

d. Clocks and watches;

e. Cloth products from finished cloth (i.e., apparel);

f. Communication equipment and assembly;

g. Computers, computer equipment;

h. Containers;

i. Cosmetics;

j. Electric hand tools;

k. Electric motors;

l. Electrical components and sub-assemblies;

m. Ice or dry ice;

n. Jewelry (including engraving);

o. Leather products from finished leather;

p. Light component parts of products;

q. Office equipment, including assembly;

r. Office machinery, electrical and mechanical;

s. Optical goods;

t. Paper box and paper products from finished paper;

u. Recording instruments;

v. Signs; and

w. Textiles.

6. Research laboratories or research and development center; and

7. Warehouse (shall contain an office component occupying a minimum of 20% of the gross square footage of the building).

(f) Miscellaneous:

1. Engraving (non-retail);

2. Mail order distribution;

3. Offices, in conjunction with a use permitted by this section;

4. Printing or publishing facility;

5. Upholstery; and

6. Wholesale business.

(2) Special exception uses.

(a) Governmental use; and

(b) Post office.

(3) Accessory uses. See § 194.095 of this chapter.

(4) Temporary uses. See § 194.096 of this chapter.

(1) Water and sanitary system requirements. Attachment to public water and sanitary sewer facilities shall be mandatory for development in this district.

(2) Minimum lot width and frontage. Each lot or industrial park shall have a minimum lot width and frontage of 100 feet on a public street.

(3) Yards and setbacks.

(a) Front:

1. A minimum front yard and building setback or front bufferyard, measured from the proposed right-of-way shall be provided as follows:

Street Classification	Front Yard	Front Bufferyard
Collector street	40 feet*	50 feet*
Limited access street	50 feet*	50 feet*
Local street/cul-de-sac street	40 feet*	50 feet*
Primary arterial street	50 feet*	50 feet*
Secondary arterial street	40 feet*	50 feet*
Other street	See division (F) below

2. In the case where a proposed right-of-way line does not exist, as determined by the transportation plan, or where the existing right-of-way is greater. The existing right-of-way line shall be used for the setback measurement.

(b) Minimum side and rear yard and setback shall be provided from the lot line as follows:

1. Minimum side yard: ten feet;

2. Minimum side bufferyard: 30 feet;

3. Minimum rear yard: ten feet; and

4. Minimum rear bufferyard: 30 feet.

(5) Maximum building height. Unlimited; provided, however, that, the setback for that portion of the building or structure which is in excess of 45 feet shall be increased by one foot each one foot of building or structural height above 45 feet until the ultimate height of building or structure is allowed.

(6) Off-street parking. See § 194.105 of this chapter.

(7) Off-street loading. See § 194.106 of this chapter.

(8) Signs. See §§ 194.160 through 194.169 of this chapter.

(9) Vision clearance areas. See § 194.021 of this chapter.

(10) Landscaping and screening requirements. See § 194.109 of this chapter.

(11) Outside storage and operations.

(a) Operations. All operations, servicing and processing (except off-street parking and off-street loading) shall be conducted within completely enclosed buildings.

(b) Storage. All storage of materials or products shall be within completely enclosed buildings or permanent structures.

(D) Development plan approval required. All lots in an I-ORT District shall be subject to the filing of a development plan for review and approval by the Plan Commission. The development plan shall demonstrate compliance with the following development requirements and compliance with the provisions set forth in §§ 194.160 through 194.169 of this chapter.

(1) Architectural design.

(a) Building design. Any portion of a lot which is within 400 feet of the right-of-way of any street identified in the transportation plan by its functional classification (§ 194.186 of this chapter), as a primary, secondary or collector street, any new building or building addition shall be designed to incorporate the salient features of and be consistent with or complementary to the Zionsville theme, incorporating the architecture, design and overall aesthetic exterior character of a building consistent with the Georgian, Federal, Greek Revival or Victorian architectural styles. (See also division (E) below.)

1. Two or three building materials (excluding: glass in windows or doors; doors; and roofing material) shall be utilized for any facades visible from a street.

2. The primary building material for any facade visible from the street shall be one of the following: brick; architectural concrete, if the surface of the architectural concrete simulates brick or stone (examples include, but are not limited to, limestone, marble or granite); pre-cast concrete, if the surface of the pre-cast concrete is: painted; textured (e.g., rough, striated, imprinted with a pattern or form); or designed to simulate brick or stone (examples include, but are not limited to, limestone, marble or granite); external insulation and finish system (E.I.F.S.); or stone.

3. The primary building material shall constitute a minimum of 60% of the available wall area (exclusive of window and doors) of any facade visible from the street.

4. The exterior building material selection shall be supplemented by the use of multiple colors, textures (e.g., rough, smooth, striated and the like) or architectural elements (quions, pilasters, soldier courses, friezes, cornices, dentils and the like) on facades visible from the street. (See also division (E) below.)

1. Pitched roofs. Roofs shall be simply and symmetrically pitched and only in the configuration of gables and hips, with pitches ranging from 4:12 to 14:12. Pitched roofs shall be clad in wood shingles. slate, composition asphalt shingle or standing-seam metal panels. Shingle or panel color shall be appropriate to the design of the Building.

2. Shed roofs. Shed roofs are permitted only when the ridge is attached to an exterior wall of a Building, with pitches ranging from 4:12 to 14:12.

(e) Windows. All window design shall be compatible with the style, materials, color, details and proportion of the building. The number of panes, the way the window opens and the trim around the window shall be consistent with the selected architectural style of the building.

(f) Awnings, canopies. In addition to the provisions of § 194.163 of this chapter, fixed or retractable awnings or canopies are permitted; provided they:

1. Complement the building’s architectural style, building materials, colors and details;

2. Do not conceal architectural features (such as cornices, columns, pilasters or decorative details);

3. Do not impair facade composition; and

4. Are designed as an integral part of the facade. Plastic awnings and canopies are prohibited.

(2) Lighting requirements. See § 194.113.

(3) Building orientation. Rear building facades shall not face a public street. No loading spaces shall be permitted to face a street.

(E) Waiver of development requirements.

(1) Building design findings. The Plan Commission may grant a waiver of the building design development requirements of division (D) above and approve a building design which does not incorporate the salient features of the Zionsville theme, or incorporate the architecture, design and overall aesthetic exterior character of, a building consistent with the Georgian, Federal, Greek Revival or Victorian architectural styles upon finding that:

(a) The building design represents an innovative use of building materials or design, or site design features which will not be detrimental to the use or value of area properties;

(b) The proposed building is appropriate when compared to the architecture, design and overall exterior character of other buildings on the site and surrounding sites;

(d) The proposed building is consistent with the intent and purpose of this chapter.

(2) Building materials findings. The Plan Commission may grant a waiver of the building materials development requirements of division (D) above and approve the use of alternate exterior building materials on any facade of a building that is visible from a street upon finding that:

(a) The building materials utilized represent an innovative use of said materials which enhance the overall aesthetic exterior character of the building and will not be detrimental to the use or value of area properties;

(b) The building materials utilized are appropriate when compared to the building materials utilized on other buildings on the site and surrounding sites;

(c) The building materials utilized are consistent with and compatible with other building materials utilized on, and with the overall exterior character of, other buildings and development located along the street; and

(d) The building materials utilized are consistent with the intent and purpose of this chapter.

(F) Development incentives; front yard and front bufferyard reduction.

(1) Purpose. In order to facilitate urban development and improve quality of landscaping in the built environment, the depth of a required front yard or front bufferyard may be reduced as follows, if such reduction is approved by the Plan Commission in connection with the review and approval of a development plan.

(2) Minimum front yard and bufferyard.

(a) The minimum front yard and front bufferyard may be reduced to a minimum of:

1. Front yards: 20 feet; and

2. Front bufferyards: 30 feet.

(b) Provided, however, that, the landscaping required for said yard shall be increased as follows:

1. Front yards: to Level A landscaping, per the landscaping requirements of § 194.109 of this chapter, Tables A, B and C;

2. Front bufferyards: to a Level C, per the landscaping requirements of § 194.109 of this chapter, Tables A, B and C.

(3) Findings. The Plan Commission may approve such required depth of front yard or front bufferyard reduction only upon finding that:

(a) The level of landscaping within the required [(i) front yard, (ii) front bufferyard] shall meet or exceed [(i) Level A, (ii) Level C] landscaping, per the landscaping requirements of § 194.109 of this chapter and the building shall be placed at the reduced setback line;

(b) The proposed development is appropriate to the site and its surroundings; and

(Ord. 2000-16, passed 8-28-2000, § 2.29; Ord. 2016-04, passed 4-5-2016)

§ 194.069 URBAN I-1: URBAN LIGHT INDUSTRIAL.

(A) Intent. The I-I: Light Industrial Districts are established to encourage development of assembly and processing facilities which may require limited amounts of outside storage. These activities require extensive community facilities, and excellent access to arterial streets or collector streets. Permitted uses in this district may have limited outdoor storage/service areas and may generate heavy traffic, but such operations shall be subject to specific development standards.

(B) Permitted uses.

(1) Primary uses.

(a) Administrative uses:

1. Corporate headquarters; and

2. Offices any type (no ancillary retail or service-commercial components).

(b) Agricultural uses:

1. Commercial greenhouse;

2. Cropland, orchards or animal husbandry;

3. Plant nursery; and

4. Accessory uses related thereto.

1. Data processing/analysis;

2. Telecommunication tower; and

3. Telephone exchange.

(d) Educational use:

1. School, commercial;

2. Trade or business; and

3. Industrial training facility.

(e) Food sales and service: wholesale produce terminal;

(f) Industrial uses:

1. Assembly of previously manufactured parts, sub-assemblies or components;

2. Distribution center;

3. Engineering laboratories;

4. Light assembly or repair of previously manufactured parts:

a. Appliances: light; portable; household;

b. Bicycles, motorcycles or parts;

c. Cabinets;

d. Carpets/rugs;

e. Clocks and watches;

f. Cloth products from finished cloth (i.e., apparel);

g. Communication equipment and assembly;

h. Computers, computer equipment;

i. Containers;

j. Cosmetics;

k. Electric hand tools;

l. Electric motors;

m. Electrical components and sub-assemblies;

n. Ice or dry ice;

o. Jewelry (including engraving);

p. Leather products from finished leather;

q. Light component parts of products;

r. Office equipment including assembly;

s. Office machinery, electrical and mechanical;

t. Optical goods;

u. Paper box and paper products from finished paper;

v. Recording instruments;

w. Signs; and

x. Textiles.

5. Research laboratories; and

6. Warehouse.

(g) Miscellaneous:

1. Dental laboratory;

2. Engraving (non-retail);

3. Mail order distribution;

4. Offices, in conjunction with a use permitted by this section;

5. Printing, publishing;

6. Upholstery; and

7. Business.

(h) Governmental use:

1. Fire station;

2. Police station; and

3. Post office.

(i) Miscellaneous:

1. Artificial lake; and

2. Self-storage (mini-) warehouse wholesale (not permitted within the U.S. Highway 421-Michigan Road Corridor Overlay District).

(2) Special exception uses.

(a) Communication/utilities:

1. Public utility substation; and

2. Public wells.

(b) Public facilities:

1. Recycling facility;

2. Resource recovery facility; and

3. Transfer station.

(3) Accessory uses. See § 194.095 of this chapter.

(4) Temporary uses. See § 194.096 of this chapter.

(1) Water and sanitary system requirements. Attachment to public water and sanitary sewer facilities shall be mandatory for development in this district.

(2) Minimum lot width and frontage. Each lot, integrated center or industrial park shall have a minimum lot width and frontage of 75 feet on a public street.

(3) Yards and setbacks.

(a) Front:

1. A minimum front yard and building setback measured from the proposed right-of-way shall be provided as follows:

Street Classification	Front Yard	Front Bufferyard
Collector street	40 feet*	50 feet*
Limited access street	50 feet*	50 feet*
Local street/cul-de-sac other street	40 feet*	50 feet*
Primary arterial street	50 feet*	50 feet*
Secondary arterial street	40 feet*	50 feet*
NOTES TO TABLE: * See division (F) below.

(b) Minimum side and rear yard and setback shall be provided from the lot line as follows:

1. Minimum side yard: 20 feet;

2. Minimum side bufferyard: 30 feet;

3. Minimum rear yard: 20 feet; and

4. Minimum rear bufferyard: 30 feet.

(b) Minimum side and rear yards may include interior access driveways connecting to adjoining lots provided that the remainder of said yards shall be maintained as open space free from buildings or structures in compliance with the landscaping requirements set forth in § 194.109 of this chapter.

(5) Maximum building height. 35 feet.

(6) Off-street parking. See § 194.105 of this chapter.

(7) Off-street loading. See § 194.106 of this chapter.

(8) Signs. See §§ 194.160 through 194.169 of this chapter.

(9) Vision clearance areas. See § 194.021 of this chapter.

(10) Landscaping and screening requirements. See § 194.109 of this chapter.

(11) Outside storage and operations.

(a) Operations. All operations, servicing and processing located within 600 feet of any R district boundary or any SU-1, SU-2, SU-7, SU-12, SU-13 or SU-14 District boundary (except outside storage, off-street parking and off-street loading) shall be conducted within completely enclosed buildings.

(b) Storage. All storage of materials or products within 600 feet of any R district or any SU-1, SU-2, SU-7, SU-12, SU-13 or SU-14 District boundary shall be either:

1. Within completely enclosed buildings; or

2. Effectively screened within a lattice slatted, chain link, wood shadow box or similar type fenced area, with ornamental, non-solid or chain link gates. The height of said fence shall be at least six feet and shall not exceed eight feet. Materials or products stored within the enclosure shall not exceed the height thereof. The storage area shall be surrounded by landscaping installed in compliance with the provisions of § 194.109 of this chapter for Level B bufferyard and perimeter yard landscaping.

(c) Amount of outside storage and operations. The total area devoted to outside storage and operations shall not exceed 25% of the gross floor area of enclosed structures or buildings on the lot.

(D) Development plan approval required. All lots in an I-1 District shall be subject to the filing of a development plan for review and approval by the Plan Commission. The development plan shall demonstrate compliance with the following development requirements and compliance with the provisions set forth in §§ 194.125 through 194.128 of this chapter.

(1) Architectural design.

1. Two or three building materials (excluding: glass in windows or doors; doors; and roofing material) shall be utilized for any facades visible from a street.

2. The primary building material for any facade visible from the street shall be one of the following:

a. Brick;

b. Architectural concrete, if the surface of the architectural concrete simulates brick or stone (examples include, but are not limited to, limestone, marble or granite);

c. Pre-cast concrete, if the surface of the pre-cast concrete is:

i. Painted;

ii. Textured (e.g., rough, striated, imprinted with a pattern or form); or

iii. Designed to simulate brick or stone (examples include, but are not limited to, limestone, marble or granite);

d. External insulation and finish system (E.I.F.S.); or

e. Stone.

3. The primary building material shall constitute a minimum of 60% of the available wall area (exclusive of window and doors) of any facade visible from the street.

4. The exterior building material selection shall be supplemented by the use of multiple colors, textures (e.g., rough, smooth, striated and the like) or architectural elements, (quions, pilasters, soldier courses, friezes, cornices, dentils and the like) on facades visible from the street. (See also division (E) below.)

2. Shed roofs. Shed roofs are permitted only when the ridge is attached to an exterior wall of a building, with pitches ranging from 4:12 to 14:12.

3. Flat roofs. Flat roofs are permitted when consistent with the selected style of architecture, if edged by a railing or parapet, and if rooftop mechanical equipment is either camouflaged on all sides or visually integrated into the overall design of the building. In no case shall rooftop mechanical equipment be visible from adjoining R districts. All vents, attic ventilators, turbines, flues and other roof penetrations shall be painted to match the color of the roof or painted flat black. Gutters and downspouts shall be appropriate to or visually integrated with the selected architectural style of the structure. Dormers, belvederes, cupolas and pergolas may be utilized as a design element, so long as they are designed with the details, proportions, style and materials consistent with the selected architectural design of the building.

(f) Awnings, canopies. In addition to the provisions of § 194.163 of this chapter, fixed or retractable awnings or canopies are permitted; provided they:

1. Complement the building’s architectural style, building materials, colors and details;

2. Do not conceal architectural features (such as cornices. columns, pilasters or decorative details);

3. Do not impair facade composition; and

4. Are designed as an integral part of the facade. Plastic awnings and canopies are prohibited.

(2) Lighting requirements. See § 194.113.

(3) Building orientation. Rear building facades shall not face a public street. No loading spaces shall be permitted to face a street.

(E) Waiver of development requirements.

(1) Building design findings. The Plan Commission may grant a waiver of the building design development requirements of division (D) above and approve a building design which does not incorporate the salient features of the Zionsville theme, or incorporate the architecture, design and overall aesthetic exterior character of a building consistent with the Georgian, Federal, Greek Revival or Victorian architectural styles upon finding that:

(a) The building design represents an innovative use of building materials or design, or site design features which will not be detrimental to the use or value of area properties;

(b) The proposed building is appropriate when compared to the architecture, design and overall exterior character of other buildings on the site and surrounding sites;

(d) The proposed building is consistent with the intent and purpose of this chapter.

(b) The building materials utilized are appropriate when compared to the building materials utilized on other buildings on the site and surrounding sites;

(d) The building materials utilized are consistent with the intent and purpose of this chapter.

(F) Development incentives.

(1) Front yard and front bufferyard reduction.

(a) Purpose. In order to facilitate urban development and improve quality of landscaping in the built environment, the depth of a required front yard or front bufferyard may be reduced as follows, if such reduction is approved by the Plan Commission in connection with the review and approval of a development plan.

(b) Minimum. The minimum front yard and front bufferyard may be reduced to a minimum of:

1. Front yards: 20 feet; and

2. Front bufferyards: 30 feet; provided, however, that, the landscaping required for said yard shall be increased as follows:

a. Front yards: to Level A landscaping, per the landscaping requirements of § 194.109 of this chapter, Tables A, B and C; and

b. Front bufferyards: to a Level C, per the landscaping requirements of § 194.109 of this chapter, Tables A, B and C.

(c) Findings. The Plan Commission may approve such required depth of front yard or front bufferyard reduction only upon finding that:

1. The level of landscaping within the required [(i) front yard, (ii) front bufferyard] shall meet or exceed [(i) Level A, (ii) Level C] landscaping, per the landscaping requirements of § 194.109 of this chapter and the building shall be placed at the reduced setback line;

2. The proposed development is appropriate to the site and its surroundings; and

3. The proposed development is consistent with the intent and purpose of this chapter.

(2) Use of required side and rear yards in integrated centers or industrial parks.

(a) Purpose. In order to facilitate urban development and to enhance the quality or landscaping in the built environment, the Plan Commission may, in connection with the review and approval of a development plan, approve the use of required side and rear yards which abut other required side or rear yards of lots located within the same integrated center or industrial park for parking areas, loading areas, interior drives, interior access drives or outdoor storage.

(b) Findings. The Plan Commission may approve such use of required side and rear yards only upon finding that:

2. The area of required foundation planting areas located along the building, as required by § 194.109(C) of this chapter, has been increased to Level B plantings as set forth in § 194.109 of this chapter, Table B;

3. The plant unit value contained in such enlarged foundation planting areas shall have been increased to Level B Plantings as set forth in § 194.109 of this chapter, Table B;

4. The proposed development is appropriate to the site and its surroundings; and

5. The proposed development is consistent with the intent and purpose of this chapter.

(Ord. 2000-16, passed 8-28-2000, § 2.30; Ord. 2016-04, passed 4-5-2016)

§ 194.070 URBAN I-2: URBAN GENERAL INDUSTRIAL.

(A) Intent. The I-2: General Industrial Districts are established to encourage development of manufacturing and processing facilities. Uses permitted in this district generally include those manufacturing and industrial activities which cannot be operated economically without creating some conditions which may be objectionable to the occupants of adjoining properties and for that reason must be grouped in areas where similar industrial uses are now located or where the permitted uses will be best located in accordance with the Comprehensive Plan. Uses in this district require extensive community facilities and excellent access to arterial streets. Permitted uses in this district may have outdoor storage/service areas and may generate heavy traffic, but such operations shall be subject to specific development standards.

(B) Permitted uses.

(1) Primary uses.

(a) Any use permitted by the I-1 District in § 194.069 of this chapter;

(b) Administrative uses:

1. Corporate headquarters; and

2. Offices, any type (service retail component; please see division (B)(1)(h) below).

1. Painting and customizing; and

2. Racing and testing.

(d) Food products:

1. Bakery, industrial (no retail); and

2. Brewing or distillation of liquor or spirits.

(e) Utilities: storage tanks, non-hazardous material;

(f) Industrial uses: manufacture assembly or repair of:

1. Appliances, major electric or gas;

2. Bottled gas storage and distribution;

3. Bottling of beverages (any type);

4. Bottling/packaging of food (secondary processing and packaging of food products initially processed off of the premises);

5. Boats;

6. Cans;

7. Ceramic and clay products;

8. Coating (excluding tar products);

9. Construction equipment or machinery;

10. Dairy and milk products;

11. Detergents or soaps;

12. Electric materials;

13. Electroplating operations;

14. Elevators;

15. Fabrication of structural metal products;

16. Glass products;

17. Granaries, grain processing or milling;

18. Furniture;

19. Machinery or machinery components;

20. Machine shop;

21. Malt products;

22. Marine equipment;

23. Mattresses;

24. Medical, surgical or dental instruments or supplies;

25. Musical instruments;

26. Pharmaceutical products;

27. Phonograph records, tapes or compact disks;

28. Photographic equipment;

29. Pre-manufactured parts, sub-assemblies or components;

30. Prefabricated wood, building or structural members;

31. Refrigeration or service industry machinery;

32. Sports equipment;

33. Starch;

34. Petroleum tank farm (storage);

35. Tobacco products;

36. Tools and implements (electrical or non-electrical);

37. Toys;

38. Transmission reconditioning;

39. Terminal; and

40. Welding.

(g) Office/professional services: construction companies, contractor and home remodeling companies (including storage of materials and equipment with accessory offices - service retail component, please see division (B)(1)(h) below);

(h) Service retail:

1. Health, beauty salon, spa;

2. Fitness equipment sales, service;

3. Indoor recreational center or facility (includes physical therapy facility);

4. Recreational equipment sales and service; and

5. Ancillary sales and service component associated with permitted I-2 use when not in excess of 30% of the net floor area of the total demised space associated with the permitted use.

(i) Miscellaneous:

1. Automobile body shop or painting;

2. Heavy construction equipment sales or service;

3. Self-storage (mini-) warehouse (not permitted - truck within the U.S. Highway 421-Michigan Road Corridor Overlay District);

4. Power plant (electric, steam or thermal);

5. Tool and die shop; and

6. Vehicle storage (new or operable only).

(2) Special exception uses.

(a) Communication/utilities:

1. Public utility substation; and

2. Public wells.

(b) Miscellaneous:

1. Recycling facility;

2. Resource recovery facility; and

3. Transfer station.

(3) Accessory uses. See § 194.095 of this chapter.

(4) Temporary uses. See § 194.096 of this chapter.

(1) Water and sanitary system requirements. Attachment to public water and sanitary sewer facilities shall be mandatory for development in this district.

(2) Minimum lot width and frontage. Each lot, integrated center or industrial park shall have a minimum lot width and frontage of 75 feet on a public street.

(3) Yards and setbacks.

(a) Front:

1. A minimum front yard and building setback measured from the proposed right-of- way shall be provided as follows:

Street Classification	Front Yard	Front Bufferyard
Collector street	40 feet*	75 feet*
Limited access street	50 feet*	75 feet*
Local street/cul-de-sac, other street	40 feet*	75 feet*
Primary arterial street	50 feet*	75 feet*
Secondary arterial street	40 feet*	75 feet*
NOTES TO TABLE: * See division (F) below.

(b) Minimum side and rear yard and setback shall be provided from the lot line as follows:

1. Minimum side yard: 20 feet*;

2. Minimum side bufferyard: 50 feet;

3. Minimum rear yard: 20 feet*; and

4. Minimum rear bufferyard: 50 feet.

* See division (F) below, regarding development incentives.

(5) Maximum building height. 35 feet.

(6) Off-street parking. See § 194.105 of this chapter.

(7) Off-street loading. See § 194.106 of this chapter.

(8) Signs. See §§ 194.160 through 194.169 of this chapter.

(9) Vision clearance areas. See § 194.021 of this chapter.

(10) Landscaping and screening requirements. See § 194.109 of this chapter.

(11) Outside display, storage and operations.

(a) Operations.

1. All operations, servicing and processing located within 600 feet of any R district boundary or an SU-1, SU-2, SU-7, SU-12, SU-13 or SU-14 District boundary (except outside storage, off-street parking and off-street loading) shall be conducted within completely enclosed buildings.

2. Outdoor display of merchandise associated with a permissible service retail use, shall:

a. Be located against the building facade;

b. Not block access points into the business or the building;

c. Not be located on hard-surfacing utilized for required off-street parking or maneuvering;

d. Be permitted only along the business tenant bay or storefront facade; and

e. Only be permitted during the hours of operation of the business and shall be removed at the close of each business day.

(b) Storage. All storage of materials or products within 600 feet of any R district boundary or an SU-1, SU-2, SU-7, SU-12, SU-13 or SU-14 District shall be either:

1. Within completely enclosed buildings; or

(c) Amount of outside storage and operations. The total area devoted to outside storage and operations shall not exceed 50% of the gross floor area of enclosed structures or buildings on the lot.

(D) Development plan approval required. All lots in an I-2 District shall be subject to the filing of a development plan for review and approval by the Plan Commission. The development plan shall demonstrate compliance with the following development requirements and compliance with the provisions set forth in §§ 194.125 through 194.128 of this chapter.

(1) Architectural design.

1. Two or three building materials (excluding: glass in windows or doors; doors; and roofing material), shall be utilized for any facades visible from a street.

2. The primary building material for any facade visible from the street shall be one of the following:

a. Brick;

b. Architectural concrete, if the surface of the architectural concrete simulates brick or stone (examples include, but are not limited to, limestone, marble or granite); precast concrete, if the surface of the pre-cast concrete is:

i. Painted;

ii. Textured (e.g., rough, striated, imprinted with a pattern or form); or

iii. Designed to simulate:

A. Brick or stone (examples include, but are not limited to, limestone, marble or granite);

B. External insulation and finish system (E.I.F.S.); or

C. Stone.

3. The primary building material shall constitute a minimum of 60% of the available wall area (exclusive of window and doors) of any facade visible from the street.

2. Shed roofs. Shed roofs are permitted only when the ridge is attached to an exterior wall of a building, with pitches ranging from 4:12 to 14:12.

(d) Entrances.

1. The main building or tenant space pedestrian entrances shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns and other design elements appropriate to the selected architectural style and details of the building as a whole.

2. The location, orientation, proportion and style of doors shall reflect the chosen style of the building.

(f) Awnings, canopies. In addition to the provisions of § 194.163 of this chapter, fixed or retractable awnings or canopies are permitted; provided they:

1. Complement the building’s architectural style, building materials, colors and details;

2. Do not conceal architectural features (such as cornices, columns, pilasters or decorative details);

3. Do not impair facade composition; and

4. Are designed as an integral part of the facade. Plastic awnings and canopies are prohibited.

(2) Lighting requirements. See § 194.113.

(3) Building orientation. Rear building facades shall not face a public street. No loading spaces shall be permitted to face a street.

(E) Waiver of development requirements.

(1) Building design findings. The Plan Commission may grant a waiver of the building design development requirements of division (D) above and approve a building design which does not incorporate the salient features of the Zionsville theme, or incorporate the architecture, design and overall aesthetic exterior character of a building consistent with the Georgian, Federal, Greek Revival or Victorian architectural styles upon finding that:

(a) The building design represents an innovative use of building materials or design or site design features which will not be detrimental to the use or value of area properties;

(b) The proposed building is appropriate when compared to the architecture, design and overall exterior character of other buildings on the site and surrounding sites;

(d) The proposed building is consistent with the intent and purpose of this chapter.

(a) The building materials utilized represent an innovative use of said materials which enhance the overall aesthetic exterior character of the Building and will not be detrimental to the use or value of area properties;

(b) The building materials utilized are appropriate when compared to the building materials utilized on other buildings on the site and surrounding sites;

(d) The building materials utilized are consistent with the intent and purpose of this chapter.

(F) Development incentives.

(1) Front yard and front bufferyard reduction.

(b) Minimum.

1. The minimum front yard and front bufferyard may be reduced to a minimum of:

a. Front yards: 20 feet; and

b. Front bufferyards: 40 feet.

2. Provided, however, that, the landscaping required for said yard shall be increased as follows:

a. Front yards: to Level A landscaping, per the landscaping requirements of § 194.109 of this chapter, Tables A, B and C; and

b. Front bufferyards: increase the point value for the landscaping required in a front bufferyards to a point value of 5.0 for each 100 lineal feet, per the landscaping requirements of § 194.109 of this chapter, Tables B and C.

(c) Findings. The Plan Commission may approve such required depth of front yard or front bufferyard reduction only upon finding that:

1. The building shall be placed at the reduced setback line:

a. The level of landscaping within the required front yard shall meet or exceed Level A Landscaping, per the landscaping requirements of § 194.109 of this chapter, Tables A, B and C; or

b. The level of landscaping within the required front bufferyard shall meet or exceed a point level of 5.0 for each 100 lineal feet, per the landscaping requirements of § 194.109 of this chapter, Tables B and C.

2. The proposed development is appropriate to the site and its surroundings; and

3. The proposed development is consistent with the intent and purpose of this chapter.

(2) Use or required side and rear yards in integrated centers or industrial parks.

(a) Purpose. In built environment, the Plan Commission may, in connection with the review and approval of a development plan, approve the use of required side and rear yards which abut other required side or rear yards of lots located within the same integrated center or industrial park for parking areas, loading areas, interior drives, interior access drives or outdoor storage.

(b) Findings. The Plan Commission may approve such use of required side and rear yards only upon finding that:

1. a. The level of landscaping within the required front yard shall meet or exceed Level A landscaping, per the landscaping requirements of § 194.109 of this chapter; or

b. The level of landscaping within the required front bufferyard shall meet or exceed a point value of 5.0 per 100 lineal feet, per the landscaping requirements of § 194.109 of this chapter.

3. The plant unit value contained in such enlarged foundation planting areas shall have been increased to a Level B plantings as set forth in § 194.109 of this chapter, Table B;

4. The proposed development is appropriate to the site and its surroundings; and

5. The proposed development is consistent with the intent and purpose of this chapter.

(Ord. 2000-16, passed 8-28-2000, § 2.31; Ord. 2015-04, passed 3-2-2015; Ord. 2016-04, passed 4-5-2016)

§ 194.071 URBAN I-3: HEAVY INDUSTRIAL DISTRICT.

(A) Intent. The I-3 Heavy Industrial Districts are established to encourage development of heavy manufacturing and processing facilities which may require substantial amounts of outside storage. These activities require extensive community facilities, and excellent access to arterial streets. Permitted uses in this district may have extensive outdoor storage/service areas and may generate heavy traffic, but such operations shall be subject to specific development standards. The permitted uses provided for in this district should never be located in close proximity to residential areas.

(B) Permitted uses.

(1) Primary uses.

(a) Communications/utilities: telephone exchange; and

(b) Industrial uses:

1. Ceramic products, pottery or glazed tile;

2. Concrete mixing/batching plant, production of concrete block and shapes, cinder blocks;

3. Foundries;

4. Glass production;

5. Iron or steel production;

6. Liquid fertilizer storage or distribution (commercial);

7. Lumber mill;

8. Processing of forest products such as, but not limited to, plaining mills, saw mills, mill work, wood pallets or skids;

9. Manufacture, assembly or repair of: abrasive, asbestos, metallic and non-metallic mineral products; boiler tanks; engines or turbines; farm machinery or equipment; meat and meat products, packing, processing; railroad equipment; rubber or rubber products;

10. Mineral extraction, borrow pit, topsoil removal or storage areas;

11. Oil processing, refining or manufacture; and

12. Sheet metal shop.

(2) Special exception uses.

(a) Any use permitted by the I-1 and I-2 Districts in §§ 194.069(B) and 194.070(B) of this chapter; and

(b) Miscellaneous:

1. Utility pole yard or pipe yard;

2. Bulk storage or petroleum products;

3. Coke ovens, blast furnaces;

4. Fat rendering;

5. Manufacture of: batteries, wet or dry; chemical or gases; creosote, including treatment;

6. Explosives or fireworks;

7. Fertilizer;

8. Plastic materials and synthetic resin;

9. Smelting or refining or non-ferrous metals;

10. Tar, tar paper or tar products, manufacture or processing;

11. Production of emulsified asphalt or preparation of asphaltic concrete paving materials;

12. Sand, gravel or aggregate washing;

13. Processing (not including mining or dredging);

14. Scrap metal, junk or salvage, storage or operation, (including automobile or truck wrecking or recycling, construction materials, recycling or similar uses);

15. Slaughtering or meat packing;

16. Vehicle storage (wrecked or inoperable);

17. Wrecker service;

18. Any similar use requiring outside storage;

19. Recycling facility;

20. Resource recovery facility;

21. Transfer station; and

22. Telecommunication tower.

(3) Accessory uses. See § 194.095 of this chapter.

(4) Temporary uses. See § 194.096 of this chapter.

(1) Water and sanitary system requirements. Attachment to public water and sanitary sewer facilities shall be mandatory for development in this district.

(2) Minimum lot width and frontage. Each lot, integrated center or industrial park shall have a minimum lot width and frontage of 100 feet on a public street.

(3) Yards and setbacks.

(a) Front:

1. A minimum front yard and building setback measured from the proposed right-of- way shall be provided as follows:

Street Classification	Front Yard	Front Bufferyard
Collector street	50 feet*	100 feet*
Limited access street	50 feet*	100 feet*
Local street/cul-de-sac, other street	50 feet*	100 feet*
Primary arterial street	50 feet*	100 feet*
Secondary arterial street	50 feet*	100 feet*
NOTES TO TABLE: * See division (F) below.

2. In the case where a proposed right-of-way line does not exist, as determined by right-of-way line shall be used for the setback measurement.

(b) Minimum side and rear yard and setback shall be provided from the lot line as follows:

1. Minimum side yard: 20 feet*;

2. Minimum side bufferyard: 75 feet;

3. Minimum rear yard: 20 feet*; and

4. Minimum rear bufferyard: 75 feet.

*See division (F) below, regarding development incentives.

(c) Minimum side and rear bufferyards shall be landscaped with grass and shrubbery, trees, or hedge, or in combination with other suitable ground cover materials and maintained in compliance with the landscaping requirements set forth in § 194.109 of this chapter.

(5) Maximum building height. 45 feet; provided, however, that, the setback for that portion of the building or structure which is in excess of 35 feet shall be increased by one foot each one foot of building or structural height above 35 feet until the ultimate height of building or structure is allowed.

(6) Off-street parking. See § 194.105 of this chapter.

(7) Off-street loading. See § 194.106 of this chapter.

(8) Signs. See §§ 194.160 through 194.169 of this chapter.

(9) Vision clearance areas. See § 194.021 of this chapter.

(10) Landscaping and screening requirements. See § 194.109 of this chapter.

(11) Outside storage and operations.

(a) Operations. All operations, servicing and processing located within 600 feet of any R district boundary or an SU-1, SU-2, SU-7, SU-12, SU-13 or SU-14 District boundary (except outside storage, off-street parking and off-street loading) shall be conducted within completely enclosed buildings.

(b) Storage. All storage of materials or products within 600 feet of any R district boundary or an SU-1, SU-2, SU-7, SU-12, SU-13 or SU-14 District boundary shall be either:

1. Within completely enclosed buildings; or

(c) Amount of outside storage and operations. The total area devoted to outside storage and operations shall not exceed 50% of the lot area.

(D) Development plan approval required. All lots in an I-3 District shall be subject to the filing of a development plan for review and approval by the Plan Commission. The development plan shall demonstrate compliance with the following development requirements and compliance with the provisions set forth in §§ 194.125 through 194.128 of this chapter.

(1) Architectural design.

1. Two or three building materials (excluding: glass in windows or doors; doors; and roofing material) shall be utilized for any facades visible from a street.

2. The primary building material for any facade visible from the street shall be one of the following:

a. Brick;

b. Architectural concrete, if the surface of the architectural, concrete simulates brick or stone (examples include, but are not limited to, limestone, marble or granite);

c. Pre-cast concrete, if the surface of the pre-cast concrete is:

i. Painted;

ii. Textured (e.g., rough, striated, imprinted with a pattern or form); or

iii. Designed to simulate brick or stone (examples include, but are not limited to, limestone, marble or granite).

d. External insulation and finish system (E.I.F.S.); or

e. Stone.

3. The primary building material shall constitute a minimum of 60% of the available wall area (exclusive of window and doors) of any facade visible from the street.

2. Shed roofs. Shed roofs are permitted only when the ridge is attached to an exterior wall of a building, with pitches ranging from 4:12 to 14:12.

(d) Entrances. The main Building or tenant space pedestrian entrances shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns and other design elements appropriate to the selected architectural style and details of the building as a whole. The location, orientation, proportion and style of doors shall reflect the chosen style of the building.

(f) Awnings, canopies. In addition to the provisions of § 194.163 of this chapter, fixed or retractable awnings or canopies are permitted; provided they:

1. Complement the building’s architectural style, building materials, colors and details;

2. Do not conceal architectural features (such as cornices, columns, pilasters or decorative details);

3. Do not impair facade composition; and

4. Are designed as an integral part of the facade. Plastic awnings and canopies are prohibited.

(2) Lighting requirements. See § 194.113.

(3) Building orientation. Rear building facades shall not face a public street. No loading spaces shall be permitted to face a street.

(E) Waiver of development requirements.

(a) The building design represents an innovative use of building materials or design, or site design features which will not be detrimental to the use or value of area properties;

(b) The proposed building is appropriate when compared to the architecture, design and overall exterior character of other buildings on the site and surrounding sites;

(d) The proposed building is consistent with the intent and purpose of this chapter.

(b) The building materials utilized are appropriate when compared to the building materials utilized on other buildings on the site and surrounding sites;

(c) The building materials utilized are consistent with and compatible with other building materials utilized on, and with the overall exterior character of other buildings and development located along the street; and

(d) The building materials utilized are consistent with the intent and purpose of this chapter.

(F) Development incentives.

(1) Front yard and front bufferyard reduction.

(b) Minimums.

1. The minimum front yard and front bufferyard may be reduced to a minimum of:

a. Front yards: 30 feet; and

b. Front bufferyards: 50 feet.

2. Provided, however, that, the landscaping required for said yard shall be increased as follows:

a. Front yards: to Level B landscaping, per the landscaping requirements of § 194.109 of this chapter, Tables A, B and C; and

b. Front bufferyards: increase the point value for the landscaping required in a front bufferyard to a point value of 5.0 for each 100 lineal feet, per the landscaping requirements of § 194.109 of this chapter, Tables B and C.

(c) Findings. The Plan Commission may approve such required depth of front yard or front bufferyard reduction only upon finding that:

1. a. The level of landscaping within the required front yard shall meet or exceed Level B landscaping, per the landscaping requirements of § 194.109 of this chapter, Tables A, B and C; or

2. The proposed development is appropriate to the site and its surroundings; and

3. The proposed development is consistent with the intent and purpose of this chapter.

(2) Use of required side and rear yards in integrated centers or industrial parks.

(b) Findings. The Plan Commission may approve such use of required side and rear yards only upon finding that:

1. a. The level of landscaping within the required front yard shall meet or exceed Level B landscaping, per the landscaping requirements of § 194.109 of this chapter; or

b. The level of landscaping within the required front bufferyard shall meet or exceed a point value of 5.0 per 100 lineal feet, per the landscaping requirements of § 194.109 of this chapter.

2. The area of required foundation planting areas located along the building, as required by § 194.109 of this chapter, has been increased to Level B plantings as set forth in § 194.109 of this chapter, Table B;

3. The plant unit value contained in such enlarged foundation planting areas shall have been increased to Level B plantings as set forth in § 194.109 of this chapter, Table B;

4. The proposed development is appropriate to the site and its surroundings; and

5. The proposed development is consistent with the intent and purpose of this chapter.

(Ord. 2000-16, passed 8-28-2000, § 2.32; Ord. 2016-04, passed 4-5-2016)

§ 194.072 RURAL INDUSTRIAL DISTRICT.

The following performance standards shall apply to all industrial uses, in addition to the previous requirements.

(A) Smoke.

(1) No industry in the I-1 District may emit more than ten smoke units per hour per stack or smoke in excess of Ringelman No. 2. However, once during any 24-hour period, for soot blowing, process purging and fire cleaning, each stack may emit an additional ten smoke units, and during that period it may emit smoke up to and including Ringelman No. 3.

(2) No industry in the I-2 District may emit more than 30 smoke units per hour per stack or smoke in excess of Ringelman No. 2. However, once during any 24-hour period, for soot blowing, process purging and fire cleaning, each stack may emit an additional ten smoke units and, during that period, it may emit smoke up to and Including Ringelman No. 3.

(B) Odor. No industrial use in any district may release an odor that is detectable at the lot line.

(C) Toxic materials. No gases or fumes toxic to persons or injurious to property shall be permitted to escape beyond the building in which it occurs.

(D) Glare and heat. No industrial use may cause heat at the property line so intense as to be a public nuisance or hazard. No glare shall be seen from any street or residential area.

(E) Vibration. No intense vibration shall be created or maintained by any industrial use so as to be noticeable beyond the boundary lines of the tract on which it is located.

(F) Noise and sound. At no boundary line of any residential or business district may the sound level of any industrial use (excluding background noises produced by sources not under the control of this chapter such as the operation of motor vehicles) exceed 70 decibels. Noise is to be muffled so as not to be objectionable due to intermittence, frequency or shrillness.

(G) Exceptions. Divisions (A) through (F) above, inclusive, do not apply to:

(1) Site preparation or construction, maintenance, repair, alterations or improvements of buildings, structures, equipment or other improvements on or within the lot lines;

(2) The operation of motor vehicles or other facilities for the transportation of personnel, materials or products; and

(3) Safety or emergency warning signals or alarms necessary for the protection of life, limb or property.

(H) Special restrictions. Any industrial operation or activity must, in addition to the above, conform with any applicable acts of the state and federal government. Where the requirements of this chapter are more restrictive, they shall take precedence. All relevant federal and state permits or approvals are required prior to issuance of an improvement location permit.

(Ord. 2000-16, passed 8-28-2000, § 2.33)

§ 194.073 RURAL I-1: RURAL LIGHT INDUSTRIAL.

(A) Purpose and intent. The I-1, Rural Light Industrial, District is hereby established to accommodate light industrial uses within the town’s rural area in which all operations, including storage of materials would be confined within a building, and would include warehousing operations.

(B) Tables. Please refer to the Rural Zoning District Tables:

(1) Table 1: Land Use Districts;

(2) Table 2: Authorized Uses;

(3) Table 3: Residential Uses and Requirements, Single-Family;

(4) Table 4: Residential Uses and Requirements, Two-Family and Multi-Family Dwellings;

(5) Table 5: Residential Uses and Requirements, Mobile Home Parks Established after 1-1-1999; and

(6) Table 6: Commercial, Industrial and Other Non-Residential Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.34)

§ 194.074 RURAL I-2: RURAL GENERAL INDUSTRIAL.

(A) Purpose and intent. The I-2, Rural General Industrial, District is hereby established to accommodate all types of industrial uses within the town’s rural area which may require enclosed or unenclosed spaces for storage, manufacturing and fabricating.

(B) Tables. Please refer to the Rural Zoning District Tables:

(1) Table 1: Land Use Districts;

(2) Table 2: Authorized Uses;

(3) Table 3: Residential Uses and Requirements, Single-Family;

(4) Table 4: Residential Uses and Requirements, Two-Family and Multi-Family Dwellings;

(5) Table 5: Residential Uses and Requirements, Mobile Home Parks Established after 1-1-1999; and

(6) Table 6: Commercial, Industrial and Other Non-Residential Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.35)

§ 194.075 URBAN SPECIAL USE DISTRICTS.

(A) Intent. These districts are composed of uses which have unique physical and operational characteristics which do not allow them to be easily categorized into a specific land use type (residential, commercial, industrial). Uses in these districts may be appropriate to and compatible with a broader range of adjacent land uses. However, certain operational features of the uses (i.e., parking, hours of operation, intensity of use) require that they be scrutinized in their location within the town to ensure that these operational features will not have an adverse impact on adjacent uses. Because of this, a greater range of flexibility is built into the review of development standards and all SU Districts require development plan review and approval by the Plan Commission.

(B) Permitted uses.

(1) Primary uses.

(a) SU-1, schools or school related facilities;

(b) SU-2, churches;

(d) SU-4, airport or landing field;

(e) SU-7, charitable and philanthropic institutions;

(f) SU-8, buildings and grounds used by any department of town, township, county, state or federal government;

(g) SU-9, cemeteries;

(h) SU-12, swimming pool, commercial;

(i) SU-13, community center;

(j) SU-14, library;

(k) SU-16, light and power substation, water tank and similar structures;

(l) SU-17, radio or telecommunications receiving or broadcasting towers, including wireless telecommunications facilities, and associated accessory buildings; and

(m) SU-20, extracting of gravel, sand, peat and other raw materials.

(2) Special exception uses. Public utility structures and facilities, including telephone exchanges and minor electrical substations.

(3) Accessory uses. See § 194.095 of this chapter.

(4) Temporary uses. See § 194.096 of this chapter.

(C) Development standards. All development permitted within the special use districts shall conform to the development standards applicable to the specified zoning district as follows:

Special Use District	District Applicable Development Standards
SU-1	B-O
SU-2	B-O
SU-3	B-3
SU-4	I-3
SU-7	B-O
SU-8	B-2
SU-9	B-O
SU-12	B-3
SU-13	B-1
SU-14	B-O
SU-16	I-1
SU-17	I-2, and per the requirements of § 194.070 of this chapter
SU-20	I-3, and per the requirements of division (E) below

(D) Development plan approval required. All lots located in a special use (SU) district shall be subject to the filing of a development plan for review and approval by the Plan Commission, as set forth in §§ 194.125 through 194.128 of this chapter. The applicable development requirements shall be those of the commercial or industrial district corresponding to the special use district noted in division (C) above.

(E) Additional development requirements for the SU-20 District. In addition to the regulations of divisions (B), (C) and (D) above, the additional development requirements of this division (E) shall apply to the SU-20 District. In the event of conflict between this division (E) and the regulations of divisions (B), (C) and (D) above, the most stringent specifications shall govern.

(1) Intent. It is the intent of this division (E) to establish reasonable and uniform limitations and controls for the production of sand, gravel, borrow and other mineral or earthen materials through excavation or mining to the extent permitted by applicable law. Restrictive limitations and controls are deemed necessary and in the public interest to effect practices which will provide for production of sand, gravel, borrow and other mineral or earthen materials which will:

(a) Take into consideration the surface use of land;

(b) The value and character of the existing improvements in the districts where such production is hereinafter permitted;

(d) Any other factor directly relating to the public health, comfort, safety and general welfare in these districts.

(2) Filing procedures.

(a) The filing procedures and requirements of a development plan for review and approval by the Plan Commission shall be as set forth in §§ 194.125 through 194.128 of this chapter.

(b) The filing of an operational plan, per the requirements of division (E)(5) below.

(3) Permit required. No extracting of gravel, sand, peat and other raw materials shall occur unless an improvement location permit has been issued by the town and a development plan and operational plan are approved by the Plan Commission.

(4) Bonding.

(a) Prior to the issuance of an improvement location permit, as required by division (E)(3) above, the applicant shall provide a corporate surety bond for the faithful performance of all applicable requirements of this chapter, including the operation and the completion and reclamation of the extraction or mining operations in accordance with the approved site and operational plan, as required by this chapter. Such improvement location permit may be issued and bond filed for the total operation or for one or more phases thereof, as shown on the site and operational plan. If the operation is to be accomplished in phases, each new phase of the operation shall require a new improvement location permit, site and operational plan and corporate surety bond.

(b) The corporate surety bond shall be in an amount equal to 110% of the estimated cost of performance of all applicable requirements of this chapter, as determined by the town’s Engineer and be with surety approved by the town. Said bond shall run jointly and severally to the town and any other governmental agency requiring a similar bond. Said bond shall specify the time for the completion of all of the applicable requirements of this chapter, and shall specify the total operational area, or phase thereof, covered by the bond.

(5) Operational plan. An operational plan shall detail the operational area, or phase thereof, covered by the development plan. The operational plan shall further detail the:

(a) Method of extraction or mining;

(b) Hours of operation;

(d) Stockpiling of materials; and

(e) Plan and timetable for reclamation of the real estate within the operational area, or phase thereof, upon completion of extraction or mining within the operational area, or phase thereof.

(6) Perimeter yards.

(a) The minimum required depth of required perimeter yards surrounding the operation shall be 100 feet.

(b) No extraction or mining operation, or portion thereof, shall be permitted within said perimeter yard.

(7) Landscaping. Landscaping of said perimeter yard shall conform to Level C requirements as specified in § 194.109 of this chapter, Tables A, B and C. Said landscaping shall be installed within six months of the commencement of any extraction or mining operations on the real estate.

(8) Fencing. Fencing of the entire perimeter of the operational area, or phase thereof, shall be required to ensure safety and restrict access. Said fencing shall be located on or within ten feet of the lot line and shall be a minimum of six feet in height, measured from grade, and shall be no higher than ten feet in height, measured from grade. Said fencing shall be installed prior to the commencement of any extraction or mining operations on the real estate.

(9) Extracting, mining. All extractions or mining shall either be made to a water producing depth. Such depth shall be not less than eight, measured from the low water mark, or graded or back filled with non-toxic, non-noxious and non-flammable solids to assure the following.

(a) The excavated or mined area shall not collect and permit to remain therein stagnant water.

(b) The surface of such area shall be graded or back filled as necessary so as to reduce the peaks and depressions thereof to a surface which shall result in a gently rolling topography to minimize erosion and which is in substantial conformity to the immediately surrounding land area.

(c) The surface of the area noted in division (E)(9)(b) above is landscaped in compliance with the approved development plan.

(10) Banks. The banks of all excavated or mined areas not graded or back filled as provided in division (E)(9) above shall be sloped to the water line at a slope which shall be not less than one and one- half feet horizontal to one foot vertical. Said bank shall be surfaced with a minimum of six inches of suitable soil and the same shall be either sodded or seeded with grass seed.

(11) Removal. Within six months of the completion of the extraction or mining operations, all buildings, structures, stockpiles and equipment associated with the operations shall be removed from the real estate.

(Ord. 2000-16, passed 8-28-2000, § 2.36)

§ 194.076 URBAN O-1: URBAN OPEN LAND DISTRICT.

(A) Intent. The O-1: Open Land Districts are established to include land being used for agricultural activities, flood plain, and other rural uses, located near the periphery of the jurisdictional boundary, which is not expected to develop for intensive urban or suburban uses within the near future. It is the intent of this district to allow agricultural uses to conserve the desirable characteristics of the land and to protect the open area from the encroachment of scatter urban-type uses that may inhibit the overall development of the community in accordance with the Comprehensive Plan.

(B) Permitted uses.

(1) Primary uses.

(a) Agricultural uses; including agricultural crop production; tree farms; agricultural livestock production and the harvesting, storage and primary processing of agricultural products produced on the premises; storage of farm vehicles, farm equipment and farm materials by the operator of such farm;

(b) Single-family dwelling, limited to the farmstead for the agricultural use;

(d) Residential facility for the mentally ill, subject to the provisions of § 194.100 of this chapter;

(e) Child care home (that is used as the primary residence of the person who operates the child care home);

(f) Roadside food sales stand (sale of produce grown on the premises); and

(g) Nature reserve or preserve, wildlife sanctuary.

(2) Special exception uses.

(a) Agricultural uses: confinement feeding yards;

(b) Communications/utilities:

1. Communication relay tower;

2. Public utility substation;

3. Public wells; and

4. Telecommunication tower.

1. Private camp;

2. Campground;

3. Ball fields;

4. Country club;

5. Riding stable or multi-use rails (i.e., biking, cross country skiing, hiking); and

6. Golf course (not including a golf driving range or miniature golf course as the primary use).

(d) Industrial uses:

1. Liquid fertilizer storage and distribution (commercial);

2. Mineral extraction, borrow pit; and

3. Topsoil removal storage areas.

(e) Miscellaneous:

1. Cemetery; and

2. Commercial breeding and raising of non-farm fowl and animals; kennel; sales barn for livestock sale; bed and breakfast.

(3) Accessory uses. See § 194.095 of this chapter.

(4) Home occupations. See § 194.099 of this chapter.

(5) Temporary uses. See § 194.096 of this chapter.

(1) Water and sewer requirements. Well water and septic systems may be utilized in this district, subject to the approval of the county’s Health Department or the state’s Board of Health.

(2) Minimum lot area. Five acres.

(3) Minimum lot width. 250 feet.

(4) Minimum lot frontage. 250 feet on a public street and gain direct access from said public street.

(5) Maximum lot coverage. 10%.

(6) Maximum lot depth to width ratio. Four to one (4:1).

(7) Minimum yards and building setbacks.

(a) Front:

1. A minimum front yard and building setback measured from the proposed right of- way shall be provided as follows:

a. Primary arterial street: 60 feet;

b. Secondary arterial street: 40 feet; and

c. Collector/local street/cul-de-sac or other street: 40 feet.

2. In the case where a proposed right-of-way line does not exist, as determined by the transportation plan for the town or where the existing right-of way is greater, the existing right-of-way line shall be used for the setback measurement.

(b) Side: a minimum side yard of 50 feet shall be provided along all side lot lines.

1. Residential primary building: 50 feet;

2. Residential accessory building: 25 feet; and

3. Agricultural building: 150 feet. See also § 194.018 of this chapter.

(8) Maximum building height.

(a) Residential primary building: 35 feet;

(b) Residential accessory building: 22 feet; and

(c) Agricultural building-unlimited; provided that, for each additional one foot over 35 feet in height, one additional foot shall be added to the minimum yard and building setback requirements.

(9) Minimum main floor area. The minimum main floor area of the residential primary building, exclusive of garage, carport, deck, patio and open porches:

(a) One-story building: 1,500 square feet; and

(b) Two- or more story building: 1,000 square feet; provided that, the total finished floor area shall be at least 1,500 square feet.

(10) Off-street parking. See § 194.095 of this chapter.

(11) Signs. See §§ 194.160 through 194.169 of this chapter.

(12) Vision clearance areas. See § 194.021 of this chapter.

(Ord. 2000-16, passed 8-28-2000, § 2.37)

§ 194.077 URBAN FP: URBAN FLOODPLAIN SECONDARY DISTRICT.

See Chapter 192 of this code of ordinances.

§ 194.078 MRO: URBAN U.S. HIGHWAY 421-MICHIGAN ROAD CORRIDOR OVERLAY DISTRICT.

(A) Purpose, intent and authority.

(1) It is the purpose of the U.S. Highway 421-Michigan Road Corridor Overlay Zone (the “Overlay Zone”) to promote and protect the public health, safety, comfort, convenience and general welfare by providing for consistent and coordinated treatment of the properties bordering U.S. Highway 421 (also known as Michigan Road) in the town. The Plan Commission and Town Council, in establishing this zone, do so in compliance with I.C. 36-7-4-600 et seq. and I.C. 36-7-4-1400 et seq.

(2) It is recognized that U.S. Highway 421 is an important corridor to the town. Therefore, it is the further purpose of the Overlay Zone to promote coordinated, quality development per the land use recommendations set forth in the Master Plan; to establish basic standards for structures, landscaping and other improvements on the properties within the Overlay Zone which promote high quality, innovative site design and at the same time encourage efficient land usage; to establish development standards which will encourage capital investments for the development of those properties along and abutting U.S. Highway 421; and to promote the steady flow of traffic.

(3) This Overlay Zone further seeks to foster development that will provide this district with a special sense of place that will increase property values, protect existing residential uses and attract new businesses. More specifically, the creation of this special sense of place shall be encouraged by means of a coordinated set of design principles for buildings, site planning, landscaping and signs. These principles are intended to guide individual development activities so that they will work together visually in support of the common architectural theme described below.

(B) District boundaries. The boundaries of the Overlay Zone are hereby established as shown on the Official Zone Map for the town. The boundaries extend 400 feet on either side of the U.S. Highway 421 right-of-way, as shown on INDOT’s plans numbered STP-1352(008), as they existed on 1-17-2000, for that portion of U.S. Highway 421 which is now, or shall come to be, within the boundaries of the town. The Official Zone Map for the town is officially amended by the adoption of this chapter to include the Overlay Zone per the boundaries set forth.

(C) Plan Commission approval. The Plan Commission must approve, approve with conditions or disapprove the development plan for any tract o f land in the Overlay Zone per the provisions of §§ 194.125 through 194.128 of this chapter, including, without limitation, any proposed development in connection with a residential subdivision. However, development plan approval by the Plan Commission is not required for single-family dwellings to be constructed on individual single-family Lots within any residential subdivision.

(D) Permitted uses. All uses which are permitted in a given site’s underlying primary zoning districts, except those uses expressly excluded in division (E) below, are permitted in the Overlay Zone.

(E) Permitted special exceptions. All special exceptions, which are permitted (upon obtaining the grant of a special exception from the Board of Zoning Appeals) in the underlying primary zoning district(s), except the uses expressly excluded in division (E) below, are permitted in the Overlay Zone.

(F) Excluded uses. The following uses are prohibited in the Overlay Zone:

(1) Adult entertainment businesses;

(2) Amusement park;

(3) Bulk storage of petroleum products not used for on-site manufacturing;

(4) Car washes;

(5) Carnivals, fairs, circuses;

(6) Disposal of radioactive materials;

(7) Drive-through facilities; exception: when the site has frontage on U.S. Highway 421 and is within 1,320 feet of intersection of either CR 300 South or SR 32 (when measured from the edge of right-of-way), it is permissible to have a drive-through facility as a land use.

(a) In all cases, drive-through facilities and/or service units, including service window(s), menu board(s), vehicle aisles and/or the like shall not be placed between the public right-of- way and the associated building;

(b) Drive-through windows for banks, drugstores, and other uses without menu boards shall be located at the rear of a building, and shall be located in a manner where they cannot be seen from the public rights-of-way;

(c) Drive-through facilities for restaurants and other uses that utilize a menu board shall be required to have the menu board located at the rear of the building and be located in a manner where it cannot be seen from public rights-of-way. The drive-through window may be located on the side of a building, and the drive-through window lane exit area shall be screened from the public right-of-way with a landscape island at the facility exit to screen the drive-through lane and window. Drive-through facilities on either side of a building that are visible to pass-by traffic shall be screened by a five-foot wide landscape buffer of a length to cover the entire drive-through stacking area;

(d) Alternate locations for drive-through windows, stalls, menu boards, and/or associated auto-centric components may be considered by the Plan Commission (PC) on a case-by-case basis when seeking development plan approval.

(8) Fertilizer manufacturing, stock yards, slaughtering, leather curing and tanning;

(9) Flea market;

(10) Garbage disposal plant/sanitary landfill;

(11) Go-cart track;

(12) Grain elevator;

(13) Junk or salvage yard;

(14) Manufactured home dwelling sales;

(15) Mini-warehouses or self-storage facilities;

(16) Mobile home court;

(17) Outdoor storage, with the exception of propane tanks that are for lease or purchase;

(18) Outdoor theater;

(19) Penal or correctional institution;

(20) Reclaiming processes involving materials or chemicals that are considered dangerous to the health, safety and welfare of the general public as determined by the state’s Board of Health or by the town;

(21) Refining or manufacturing of petroleum products;

(22) Refining of manufacturing of asphalt, cement, gypsum, lime, wood preservatives;

(23) Roadside sales stand;

(24) Sand and gravel extraction or sales;

(25) Truck stop;

(26) Warehouses; and

(27) Water slide.

(G) Accessory buildings and uses. All accessory buildings and uses which are permitted in the underlying primary zoning district(s) shall be permitted; except that, any detached accessory building in any development plan shall be architecturally compatible with the primary building(s) with which it is associated.

(H) Minimum lot area.

(1) The minimum lot area required within the Overlay Zone is two acres for non-residential uses and one-half acre for residential uses. All lots within the Overlay Zone shall be subject to development plan approval, with the exception of individual lots for single-family dwellings, as set forth in division (B) above. For lots located only partially within the Overlay Zone, a development plan shall be submitted to the Plan Commission for the entire tract to be developed.

(2) If a parcel of land or subdivision lot was recorded prior to the effective date of this chapter, and said parcel or lot does not contain the minimum lot area required by this division (H), said parcel or lot (“undersized lot”) may be used for any use permitted in the Overlay Zone; provided that:

(a) At the time of recordation of the undersized lot on the effective date, the undersized lot met the requirements for minimum lot area then in effect for a lot in the underlying primary zoning district(s);

(b) The owner of the undersized lot must include, up to the minimum tract size, any adjoining vacant land (not separated by a street or public way) owned, or owned by an affiliate, on or before the effective date or at the time of application which, if combined with the undersized lot, would create a tract which conforms, or more closely conforms, to the minimum tract size requirements of this division (H); and

(c) All other development requirements applicable to the Overlay Zone can be met. This division (H) does not preclude the sale or other transfer of any parcel of land within a tract after the approval of a development plan for the entire tract. However, the development of the parcel must still conform to the development plan for the entire tract as approved or amended by the Plan Commission, and all other applicable requirements contained in this chapter.

(I) Height and area requirements building height.

(1) Minimum: see § 194.060 of this chapter.

(2) Maximum: as specified in the primary underlying zoning District.

(3) Front yard for parcels with frontage on U.S. Highway 421 right-of-way:

(a) Minimum: 30 feet, measured from the U.S. Highway 421 right-of-way. This measurement shall include the mandatory 30-foot greenbelt; and

(b) Maximum: 120 feet, measured from the U.S. Highway 421 right-of way. This measurement shall include the mandatory 30-foot greenbelt.

(4) Minimum side and rear yards.

(a) For a non-residentially zoned lot next to an existing R district: 50 feet or two times the building height, whichever is greater. Side and rear yards for residential lots, where adjacent to other residential lots, shall be 15 feet.

(b) For a non-residentially zoned lot next to a business district: 15 feet. Side and rear yards for residential lots, where adjacent to business districts, shall be 25 feet.

(c) For a non-residentially zoned lot next to an industrial district: 20 feet. Side and rear yards for residential lots, where adjacent to other residential lots, shall be 35 feet.

(5) Gross floor area.

(a) All principal business and industrial Buildings shall have a minimum of 2,500 square feet of gross floor area, excluding the floor area of any accessory buildings. Accessory buildings need not meet the minimum floor area requirement. No single use, whether freestanding or contained in an integrated center, shall exceed 60,000 square feet of gross floor area.

(b) No integrated center shall exceed 125,000 square feet of total gross floor area.

(6) There shall be a 30-foot wide greenbelt within the front yard of all lots with frontage on U.S. Highway 421.

(J) Architectural design requirements. In reviewing the architectural design of building(s) proposed to built in the Overlay Zone, factors to he considered by the Plan Commission shall include, but are not limited to, the following.

(1) Design theme. Buildings shall be designed with an overall Zionsville theme consistent with or complementary to the Colonial, Federal, Georgian, Victorian or Greek Revival periods. New Buildings are not required to be imitative, but must incorporate the salient features of these architectural styles. Preexisting buildings on adjoining lots shall not be a factor in the design of new buildings.

(2) Building proportion. Buildings should avoid long, monotonous, uninterrupted walls or roof planes.

(3) Building height. The height of new primary buildings shall be at least one and one-half stories, or be designed to appear so from the front and sides. Retail and office buildings are encouraged to be two stories or more in height, with office or residential uses on the second floor. The minimum height for all buildings shall be 20 feet, either at the roof line or at the top of the parapet wall. Single-family dwellings shall have at least 50% of the structure reaching one and one-half stories or 20 feet at the roof line.

(4) Building facades.

(a) Facades shall have a defined base or foundation, a middle or modulated wall and a top formed by a pitched roof or articulated cornice, in each instance appropriate to the building style. Buildings with continuous facades that are 90 feet or greater in width shall be designed with offsets (projecting or recessed) not less than eight feet deep, and at intervals of not greater than 60 feet.

(b) Facades constructed of more than one material shall only change material along horizontal or vertical lines (not diagonal lines). For material changes at the horizontal line, the heavier material shall always be placed beneath the lighter material. Front and side facades of buildings located on corner lots shall be of the same materials and similarly detailed.

(5) Roofs.

(a) Pitched roofs. Roofs shall be simply and symmetrically pitched and only in the configuration of gables and hips, with pitches ranging from 4:12 to 14:12. Pitched roofs shall be clad in wood shingles, slate, composition asphalt shingle or standing seam metal panels. Shingle or panel color shall be appropriate to the design of the building.

(b) Shed roofs. Shed roofs are permitted only when the ridge is attached to an exterior wall of a building, with pitches ranging from 4:12 to 14:12.

1. Flat roofs are permitted when consistent with the selected style of architecture, if edged by a railing or parapet, and if rooftop mechanical equipment is either camouflaged on all sides or visually integrated into the overall design of the building.

2. In no case shall rooftop mechanical equipment be visible from adjoining R districts.

3. All vents, attic ventilators, turbines, flues and other roof penetrations shall be painted to match the color of the roof or painted flat black. Gutters and downspouts shall be appropriate to or visually integrated with the selected architectural style of the structure.

4. Dormers, belvederes, cupolas and pergolas may be utilized as a design element, so long as they are designed with the details, proportions, style and materials consistent with the buildings selected architectural design.

(6) Entrances. The main building or tenant space pedestrian entrances shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns and other design elements appropriate to the selected architectural style and details of the building as a whole. The location, orientation, proportion and style of doors shall reflect the chosen style of the building. Building facades for industrial and warehouse uses shall be designed with a main entrance and at least two window openings associated with this doorway.

(7) Windows. All window design shall be compatible with the style, materials, color, details and proportion of the building. The number of panes, the way it opens, the trim around it and whether it is embellished with shutters must be consistent with the architectural style of the structure.

(8) Awnings. Fixed or retractable awnings are permitted if they: complement a building’s architectural style, material, colors and details; do not conceal architectural features (such as cornices, columns, pilasters or decorative details); do not impair facade composition; and are designed as an integral part of the facade. Metal, plastic or aluminum awnings are prohibited.

(9) Storefronts.

(a) Storefronts shall be integrally designed with overall facade character. Ground floor retail, service and restaurant uses should generally have large pane display windows; however, they shall not exceed 75% of the total ground level (first floor) facade area.

(b) Buildings with multiple storefronts shall be of unified design, through the use of common materials, architectural details, signs and lighting consistent with the overall building style.

(10) Drive-through service units. Drive-through service units are prohibited in the Overlay Zone. Exception: When the site has frontage on U.S. Highway 421 and is within 1,320 feet of intersection of either CR 300 South or SR 32 (when measured from the edge of right-of-way), it is permissible to have a drive-through facility or its component drive-through service unit as a land use. See "drive-through facilities" for additional criteria.

(11) Suitability of building materials. Unless otherwise approved by the Plan Commission, building materials shall be consistent with or complementary to those which replicate Colonial, Federal, Georgian, Victorian and Greek Revival periods of American architecture, as follows.

(a) Exposed foundations shall be constructed of one or more of the following:

1. Brick in a color historically consistent with the architectural style;

2. Stone (limestone, granite, fieldstone and the like); or

3. Split-face block or architectural pre-cast concrete, if surface looks like brick or stone.

(b) Facade walls shall be constructed of any combination of:

1. Stone;

2. Smooth cut cedar shingles;

3. Wood clapboard siding;

4. Brick in a color historically consistent with the architectural style;

5. Wood beaded siding; or

6. Stucco with smooth finish, or dryvit (or equivalent), not to exceed 20% of the overall non-window facade area.

(12) Topography. Design in relation to topography of the site, which minimizes cut and fill and limits maximum onsite slope to 10%.

(13) Landscape design. Design of proposed landscaping in relation to structures.

(14) Consistency with style and period. Overall aesthetics of the proposed building, including color, are consistent with the architectural style and period.

(15) Building orientation. The primary building shall be oriented to U.S. Highway 421, so that the front of the building faces the highway. In the case where there is more than one primary building on a lot, at least one building shall be oriented to U.S. Highway 421. Where the primary building is designed to have three or more users (such as the case of multiple lease spaces), a maximum of two uses shall be oriented to U.S. Highway 421. Accessory buildings (including residential garages, storage buildings and the like) shall be located behind the primary building.

(K) Landscaping requirements.

(1) Landscape plan. The applicant shall submit a landscape plan to the Plan Commission as part of the development plan application, per § 194.126 of this chapter.

(2) Areas to be landscaped.

(a) Greenbelt. The 30-foot greenbelt shall be composed of grass and landscape areas. The incorporation of walkways and bikeways into the design is encouraged; however, no parking areas, through roads, buildings, accessory structures and the like shall be established within this area.

(b) Foundation plantings. Foundation plantings shall be included along all sides of any building. The minimum width of the planting area shall be five feet; except that, when adjoining a parking area located in the front yard adjoining U.S. Highway 421, the minimum width shall be ten feet.

(c) Peripheral plantings. Minimum side and rear yard landscaping shall occur per the requirements of the underlying primary zoning district.

(d) Parking lots. Per standards specified in § 194.060 of this chapter.

(e) Screening areas. All air conditioning units, HVAC systems, exhaust pipes or stacks, overhead doors, legally non-conforming outside storage areas, and satellite dishes shall be integrated into the overall building design or screened from the U.S. Highway 421 right-of-way and adjoining residential zones or uses, by means of walls, fencing, parapets, penthouse screens, landscaping, camouflage or other approved method.

(3) Landscaping standards.

(a) The interior dimensions, specifications and design of any planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to provide for proper growth. The following minimum interior widths for planting areas shall be used:

1. Canopy trees: nine feet;

2. Ornamental trees: seven feet; and

3. Shrubs (only): five feet.

(b) All plant material proposed to be used in accordance with any landscape plan shall meet the following specifications.

1. Shade trees: a minimum trunk diameter of two and one-half inches at six inches above grade, a minimum height of eight feet, and a branching height of not less than one-third or more than one-half of tree height.

2. Ornamental trees: a minimum trunk diameter of one and one-half inches at six inches above grade, a minimum height of six feet, and a branching height of not less than one-third or more than one-half of tree height.

3. Evergreen trees: a minimum height of eight feet, and a width of not less than three- fifths of the height.

4. Deciduous shrubs: a minimum height of 18 inches, no less than six main branches upon planting and a mature height no greater than 36 inches.

5. Evergreen shrubs: a minimum height and spread of 18 inches, maximum mature height of 36 inches.

(c) The primary landscaping materials used in the greenbelt shall be shade trees, ornamental trees, shrubs, ground covers and grass.

1. A minimum of three shade trees and one ornamental tree shall be provided per 100 linear feet of greenbelt.

2. Shade trees planted within the greenbelt parallel to the U.S. Highway 421 right-of-way shall be spaced neither less than 15 feet apart, nor more than 40 feet apart.

3. Existing shade trees within the greenbelt that have a minimum trunk diameter of four and one-half inches at six inches above grade, are encouraged to be preserved. For each shade tree that is preserved within the greenbelt area, two fewer trees are required to be planted within the applicable 100 linear feet.

(d) The primary landscaping materials used adjacent to buildings shall be shrubs, ground covers and ornamental grasses.

(e) Parking lots.

1. Interior landscaping. A minimum of one shade tree and five shrubs shall be planted within each parking lot for every seven spaces provided, or not less than 20 trees per acre of parking. However, for buildings with parking areas located in a front yard, with frontage directly on U.S. Highway 421, a minimum of one shade tree and five shrubs shall be planted within each parking lot for every five spaces provided or not less than 24 trees per acre of parking.

2. Parking lot perimeter planting. Where parking areas are located in the front yard, with frontage directly on U.S. Highway 421, a six-foot wide perimeter planting area shall be provided along the front and sides of those areas.

a. The required planting unit for this area shall include two shade trees, three ornamental trees and 30 shrubs per 100 linear feet.

b. The perimeter planting area shall be provided in addition to the greenbelt area.

c. Existing shade trees within the greenbelt that have a minimum trunk diameter of four and one-half inches at six inches above grade, are encouraged to be preserved. For each shade tree that is preserved within the greenbelt area, two fewer trees are required to be planted within the applicable 100 feet.

3. Front and side parking. Parking areas within front and side yards shall be completely screened from view. Such screening shall be subject to Plan Commission approval.

(4) Landscaping installation and maintenance.

(a) Installation. All landscaping approved as part of the landscape plan portion of development plan approval shall be installed prior to the issuance of a certificate of occupancy. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond prior to the issuance of the certificate of occupancy for an amount equal to 125% of the total installed cost of the required landscaping.

(b) Maintenance. It shall be the responsibility of the owners and their agents to ensure proper maintenance of all trees, shrubs and other landscaping approved as part of the landscape plan portion of development plan approval in accordance with the standards set by this chapter. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute approved by the Building Commissioner, irrigation and mulching of planting areas, and keeping the area free of refuse, debris, rank vegetation and weeds.

(d) Inspection. The Building Commissioner or his or her designee may visit any tract within the Overlay Zone to inspect the landscaping and check it against the approved plan on file.

(L) Parking requirements.

(1) Parking spaces required, and the dimensions of those parking spaces: see § 194.108 of this chapter.

(2) Landscaping standards: see division (K) above.

(3) Parking lots shall be designed to provide coordinated access to parking areas on adjoining tracts or parcels within the Overlay Zone, preferably via a frontage road network. Sites utilizing front-loaded parking areas shall provide for continuous access across the rear of the site to adjoining tracts or parcels. As part of the development plan submission. The petitioner shall provide a site circulation plan that illustrates to the Plan Commission how coordinated access will occur relative to the overall U.S. Highway 421 Corridor.

(4) Circulation plan that illustrates to the Plan Commission how coordinated access will occur relative to the overall U.S. Highway 421 Corridor.

(5) All parking areas and drives (including residential driveways) shall be paved with asphalt or concrete. Brick pavers or other decorative pavements may be used as accents in parking area design. Poured-in-place concrete curbs shall be used.

(6) Parking within font yard setbacks shall be discouraged and limited to a maximum of two rows of the total required parking. Parking within the front yard setbacks shall be subject to minimum greenbelt width, minimum bufferyard requirements and maximum building setback standards.

(M) Lighting requirements. See § 194.113.

(N) Access to individual tracts. The purpose of this section is to make the closing of all curb cuts along U.S. Highway 421 possible by establishing a common access road to the rear parking lots of all tracts within the Overlay Zone. Frontage streets and common entrances shared by several properties and development shall be encouraged and may be required at the discretion of the Plan Commission. In those cases where tracts can be accessed via connection to a primary or secondary arterial street, local street or adjoining parking lot, curb cuts shall not be established on U.S. Highway 421. The Plan Commission shall encourage maximum distances between curb cuts to U.S. Highway 421 in cooperation with the state’s Department of Transportation. Bicycle and pedestrian circulation to and through the site shall be coordinated with vehicular access, greenbelt design and parking.

(O) Other requirements.

(1) Trash collection. Trash collection and recycling areas shall be enclosed and screened on all sides, with a minimum six-foot tall opaque wall. Trash collection and recycling areas shall be in the rear of all buildings.

(2) Loading areas. Loading areas and trash collection areas shall be permitted per the needs of the business establishments and shall be identified on the development plan. Loading spaces and overhead doors shall face to the rear of all buildings. Should a loading space be located adjacent to or visible from a public right-of-way, or established on the side of a building through any circumstance. It shall be screened per Plan Commission approval.

(3) Emergency access. All emergency access areas and facilities shall be shown on the site plan and reviewed by the town’s Fire Chief.

(4) Signs. A sign plan for the proposed development shall be submitted to the Plan Commission for its approval as part of the development plan application. Signs for each proposed use shall be uniform in character as to color and architectural design as approved by the Plan Commission. Should a development plan-approved sign plan be replaced with a new design, the amended sign plan must go before the Plan Commission for review and approval. Individual signs which conform to both §§ 194.160 through 194.169 of this chapter and to the approved sign plan shall not require further approval. However, such signs shall require an improvement location permit.

(5) Conforming uses. A development plan shall be submitted to the Plan Commission for its approval when a legally established non-conforming use is changed to a conforming use and when either:

(a) Any new building is to be constructed; or

(b) Any existing building or site development (including addition of parking lot) is expanded by more than 30%.

(6) Non-conforming uses. A development plan shall be submitted to the Plan Commission for its approval when a legally established non-conforming use is altered as follows:

(a) A building has been more than 60% destroyed;

(b) Any expansion of a building or site development (including addition of parking lot). Normal maintenance and repair is exempt from the development plan approval requirement; or

(P) Application procedure. See §§ 194.125 through 194.128 of this chapter.

(Q) Validity of approval of the application by the Plan Commission.

(1) An approved development plan petition shall be valid for two years from the date of approval.

(2) If construction of the building(s) has (have) not started at the end of the two-year period, the development plan request shall be re-submitted to the Plan Commission for consideration and disposition.

(Ord. 2000-16, passed 8-28-2000, § 2.39; Ord. 2016-04, passed 4-5-2016; Ord. 2016-23, passed 12-19-2016; Ord. 2020-01, passed 1-6-2020)

§ 194.079 RURAL: OVERLAY DISTRICTS.

(A) Purpose, intent and authority.

(1) The purpose of this section is to provide for overlay districts, establish consistent procedures for their establishment and to foster the purposes of this chapter.

(2) The intent of overlay districts is to give the town a tool to address specifically identified areas of the jurisdiction that require special attention and guidance. In addition to the zoning ordinance purposes, the general purposes of overlay districts are to promote coordinated, quality development per the land use recommendations set forth in the Comprehensive Plan; to establish basic development standards for structures, landscaping and other improvements on the properties within overlay districts which promote high quality and innovative site design while at the same time encourage efficient land usage; and to establish development standards which will encourage capital investments for the development of those properties within overlay districts.

(3) The authority to establish overlay districts is based on the goals and objectives of the town’s Comprehensive Plan and I.C. 36-7-4-600.

(B) Establishment of overlay districts

(1) The establishment of an overlay district shall be a combination of a zoning text amendment and a zoning map amendment and shall be processed concurrently. To simplify the process, the public hearings shall be advertised and held together; when considering the overlay district establishment, the town and the legislative body shall consider the recommendations together, the legislative body’s certifications shall be combined, and the adopting ordinances shall be combined.

(2) The town or any participating legislative body of the jurisdiction shall only initiate overlay districts. I.C. 36-7-4-602(b) and (c) and I.C. 36-7-4-607 and 36-7-4-608 shall govern the procedure for the establishment of overlay districts.

(1) Purpose, intent and authority.

(a) It is the purpose of the U.S. Highway 421 - Michigan Road Corridor Overlay District (the “Overlay District”) to promote and protect the public health, safety, comfort, convenience and general welfare by providing for consistent and coordinated treatment of the properties bordering U.S. Highway 421 (also known as Michigan Road) in the unincorporated areas of Boone County, Indiana. The town, in establishing this district, does so in compliance with I.C. 36-7-4-600 et seq. and I.C. 36-7-4-1400 et seq.

(b) It is recognized that U.S. Highway 421 is an important corridor to the town. Therefore, it is the further purpose of the Overlay District to promote coordinated, quality development per the land use recommendations set forth in the Comprehensive Plan; to establish basic standards for structures, landscaping, and other improvements on the properties within the Overlay District which promote high quality, innovative site design and at the same time encourage efficient land usage; to establish development standards which will encourage capital investments for the development of those properties along and abutting U.S. Highway 421; to promote the steady flow of traffic; and, to promote the quality, scale and character of development consistent with the land uses envisioned in the Comprehensive Plan.

(c) This Overlay District further seeks to foster development that will provide this district with a special sense of place that will increase property values, protect existing residential uses, and attract new businesses. More specifically, the creation of this special sense of place shall be encouraged by means of a coordinated set of design principles for buildings, site planning, landscaping and signs. These principles are intended to guide individual development activities so that they will work together visually in support of the common architectural theme described below.

(2) District boundaries. The boundaries of the Overlay District are hereby established as shown on the official zoning maps for the town. The boundaries extend 400 feet on either side of the U.S. Highway 421 right-of-way, as shown on INDOT’s plans numbered STP-135-2(008), as they existed on 1-17-2000, for that portion of U.S. Highway 421 south of 121st Street (also known as Greenfield Road or County Road 550 South) and as it existed on 1-1-2003 for that portion of U.S. Highway 421 north of 121st Street within the county. The official zoning maps for the county are officially amended by the adoption of this chapter to include the Overlay District per the boundaries set forth.

(3) Town approval. The town must approve, approve with conditions or disapprove the development plan for any tract of land in the Overlay District including, without limitation, any proposed development in connection with a residential subdivision. However, development plan approval by the town is not required for single-family dwellings to be constructed on individual single-family lots within any residential subdivision.

(4) Permitted uses. All uses which are permitted in a given site’s underlying primary zoning districts, except those uses expressly excluded are permitted in the Overlay District.

(5) Permitted special exceptions. All special exceptions, which are permitted (upon obtaining the grant of a special exception from the Board of Zoning Appeals) in the underlying primary zoning district(s), except the uses expressly excluded are permitted in the Overlay District.

(6) Excluded uses. The following uses are prohibited in the Overlay District:

(a) Adult entertainment businesses;

(b) Amusement park;

(d) Car washes;

(e) Carnivals, fairs, circuses;

(f) Confined feed operations;

(g) Disposal of radioactive materials;

(h) Drive-through facilities; exception: when the site has frontage on U.S. Highway 421 and is within 1,320 feet of intersection of either CR 300 South or SR 32 (when measured from the edge of right-of-way), it is permissible to have a drive-through facility as a land use.

1. In all cases, drive-through facilities and/or service units, including service window(s), menu board(s), vehicle aisles and/or the like shall not be placed between the public right-of-way and the associated building;

2. Drive-through windows for banks, drugstores, and other uses without menu boards shall be located at the rear of a building, and shall be located in a manner where they cannot be seen from the public rights-of-way;

3. Drive-through facilities for restaurants and other uses that utilize a menu board shall be required to have the menu board located at the rear of the building and be located in a manner where it cannot be seen from public rights-of-way. The drive-through window may be located on the side of a building, and the drive-through window lane exit area shall be screened from the public right-of-way with a landscape island at the facility exit to screen the drive-through lane and window. Drive-through facilities on either side of a building that are visible to pass-by traffic shall be screened by a five-foot wide landscape buffer of a length to cover the entire drive-through stacking area;

4. Alternate locations for drive-through windows, stalls, menu boards, and/or associated auto-centric components may be considered by the Plan Commission (PC) on a case- by-case basis when seeking development plan approval.

(i) Fertilizer manufacturing, stock yards, slaughtering, leather curing and tanning;

(j) Flea market;

(k) Garbage disposal plant/sanitary landfill;

(l) Go-cart track;

(m) Grain elevator;

(n) Junk or salvage yard;

(o) Manufactured home dwelling sales;

(p) Mini-warehouses or self-storage facilities;

(q) Mobile home court;

(r) Off-premises (outdoor advertising);

(s) Outdoor storage, with the exception of propane tanks that are for lease or purchase;

(t) Outdoor theater;

(u) Penal or correctional institution;

(v) Reclaiming processes involving materials or chemicals that are considered dangerous to the health, safety and welfare of the general public as determined by the state’s Board of Health or by the county’s Health Department;

(w) Refining or manufacturing of petroleum products;

(x) Refining of manufacturing of asphalt, cement, gypsum, lime, wood preservatives;

(y) Roadside sales stand;

(z) Sand and gravel extraction or sales;

(aa) Truck stop;

(bb) Warehouses; and

(cc) Water slide.

(7) Accessory buildings and uses. All accessory buildings and uses which are permitted in the underlying primary zoning district(s) shall be permitted; except that, any detached accessory building in any development plan shall be on all sides the same building proportions, architectural features, construction, materials and in general to be architecturally compatible with the primary building(s) with which it is associated.

(8) Minimum lot area. The minimum lot area required within the Overlay District shall be those dictated by the requirements of the underlying zoning district. All lots within the Overlay District shall be subject to development plan approval, with the exception of individual lots for single-family dwellings. For lots located only partially within the Overlay District, a development plan shall be submitted to the town for the entire tract to be developed and the entire tract shall be subject to the requirements of these ordinances.

(9) Height and area requirements.

(a) Building height: see § 194.082, Table 3.

(b) Front yard for parcels with frontage on U.S. Highway 421 right-of-way:

1. Minimum: 30 feet, measured from the U.S. Highway 421 right-of-way. This measurement shall include the mandatory 30-foot landscape buffer; and

2. Maximum: 120 feet, measured from the U.S. Highway 421 right-of-way. This measurement shall include the mandatory 30-foot landscape buffer.

(d) Gross floor area.

1. All principal business and industrial buildings shall have a minimum of 2,500 square feet of gross floor area, excluding the floor area of any accessory buildings. Accessory buildings need not meet the minimum floor area requirement.

2. Primary residential structures, however, shall meet the minimum floor area specified in the underlying zoning district.

(e) Landscape buffer: there shall be a 30-foot wide landscape buffer within the front yard of all lots with frontage on U.S. Highway 421.

(10) Architectural design requirements. In reviewing the architectural design of building(s) proposed to be built in the Overlay District, factors to be considered by the town shall include, but are not limited to, the following.

(a) Design theme. Buildings shall be designed with an overall theme consistent with or complementary to the Colonial, Federal, Georgian, Victorian or Greek Revival periods. New buildings are not required to be imitative, but must incorporate the salient features of these architectural styles. Pre-existing buildings on adjoining lots shall not be a factor in the design of new buildings.

(b) Building proportion. Buildings should avoid long, monotonous, uninterrupted walls or roof planes.

(c) Building height. The height of new primary buildings shall be at least one and one-half stories, or be designed to appear so from the front and sides. Retail and office buildings are encouraged to be two stories or more in height. The minimum height for all buildings shall be 20 feet, either at the roof line or at the top of the parapet wall. Single-family dwellings shall have at least 50% of the structure reaching one and one-half stories or 20 feet at the roof line.

(d) Building facades. Facades shall have a defined base or foundation, a middle or modulated wall, and a top formed by a pitched roof or articulated cornice, in each instance appropriate to the building style. Buildings with continuous facades that are 90 feet or greater in width, shall be designed with offsets (projecting or recessed) not less than eight feet deep, and at intervals of not greater than 60 feet. Facades constructed of more than one material shall only change material along horizontal or vertical lines (not diagonal lines). For material changes at the horizontal line, the heavier material shall always be placed beneath the lighter material. Front and side facades of buildings located on corner lots shall be of the same materials and similarly detailed.

(e) Roofs.

2. Shed roofs. Shed roofs are permitted only when the ridge is attached to an exterior wall of a building, with pitches ranging from 4:12 to 14:12.

3. Flat roofs. Flat roofs are permitted when consistent with the selected style of architecture, if edged by a railing or parapet, and if rooftop mechanical equipment is either camouflaged on all sides or visually integrated into the overall design of the building. In no case shall rooftop mechanical equipment be visible from adjoining residential districts or from U.S. Highway 421. All vents, attic ventilators, turbines, flues and other roof penetrations shall be painted to match the color of the roof or painted flat black. Gutters and downspouts shall be appropriate to or visually integrated with the selected architectural style of the structure. Dormers, belvederes, cupolas and pergolas may be utilized as a design element, so long as they are designed with the details, proportions, style and materials consistent with the buildings selected architectural design.

(f) Entrances. The main building or tenant space pedestrian entrances shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns and other design elements appropriate to the selected architectural style and details of the building as a whole. The location, orientation, proportion and style of doors shall reflect the chosen style of the Building. Building facades for industrial and warehouse uses shall be designed with a main entrance and at least two window openings associated with this doorway.

(g) Windows. All window design shall be compatible with the style, materials, color, details and proportion of the building. The number of panes, the way it opens, the trim around it and whether it is embellished with shutters must be consistent with the architectural style of the structure.

(h) Awnings. Fixed or retractable awnings are permitted if they complement a building’s architectural style, material, colors and details; do not conceal architectural features (such as cornices, columns, pilasters or decorative details); do not impair facade composition; and are designed as an integral part of the facade. Metal, plastic or aluminum awnings are prohibited.

(i) Storefronts. Storefronts shall be integrally designed with overall facade character. Ground floor retail, service and restaurant uses should generally have large pane display windows; however, they shall not exceed 75% of the total ground level (first floor) facade area. Buildings with multiple storefronts shall be of unified design, through the use of common materials, architectural details, signs and lighting consistent with the overall building style.

(j) Drive-through service units. Drive-through service units are prohibited in the Overlay District. Exception: When the site has frontage on U.S. Highway 421 and is within 1,320 feet of intersection of either CR 300 South or SR 32 (when measured from the edge of right-of-way), it is permissible to have a drive-through facility or its component drive-through service unit as a land use. See "drive-through facilities" for additional criteria.

(k) Suitability of building materials. In order to create variation and interest in the built environment, all new buildings or building additions shall use the exterior building materials specified below. Building materials shall be consistent with or complementary to those which replicate Colonial, Federal, Georgian, Victorian and Greek Revival periods of American architecture, as follows:

1. Exposed foundations shall be constructed of one or more of the following:

a. Brick in a color historically consistent with the architectural style;

b. Stone (limestone, granite, fieldstone and the like); or

c. Split-face block or architectural pre-cast concrete, if surface looks like brick or stone.

2. Facade walls shall be constructed of any combination of:

a. Stone;

b. Smooth cut cedar shingles;

c. Wood clapboard siding;

d. Brick in a color historically consistent with the architectural style;

e. Wood beaded siding; or

f. Stucco with smooth finish, or external insulation and finish system (E.I.F.S.); not to exceed 20% of the overall non-window facade area.

3. The exterior building material selection shall be supplemented by the use of multiple colors, textures (e.g., rough, smooth, striated and the like) or architectural elements, (quions, pilasters, soldier courses, friezes, cornices, dentils and the like) on facades visible from the street. (See also division (C)(23) below.)

(11) Topography. Design in relation to topography of the site, which minimizes cut and fill and limits maximum on-site slope to 10%.

(12) Landscape design. Design of proposed landscaping in relation to structures.

(13) Consistency with style and period. Overall aesthetics of the proposed building, including color, are consistent with the architectural style and period.

(14) Building orientation. The primary building(s) shall be oriented to U.S. Highway 421, so that the front of the building faces the highway. Where the primary building is designed to have three or more users (such as the case of multiple lease spaces), a maximum of two uses shall be oriented to U.S. Highway 421. Accessory buildings (including residential garages, storage buildings and the like) shall be located behind the primary building. No primary or accessory building shall have service doors, garage doors, loading doors or similar service entrances opening toward or oriented to U.S. Highway 421.

(15) Landscaping requirements.

(a) Landscape plan. The applicant shall submit a landscape plan to the town as part of the development plan application, per §§ 194.125 through 194.128 of this chapter.

(b) Areas to be landscaped.

1. Landscape buffer. The 30-foot landscape buffer shall be composed of grass and landscape areas. The incorporation of walkways and bikeways into the design is encouraged; however, no parking areas, through roads, buildings, accessory structures and the like shall be established within this area.

2. Foundation plantings. Foundation plantings shall be included along all sides of any building. The minimum width of the planting area shall be five feet; except that, when adjoining a parking area located in the front yard adjoining U.S. Highway 421, the minimum width shall be ten feet.

3. Peripheral plantings. Minimum side and rear yard landscaping shall occur per the requirements of the underlying primary zoning district.

4. Parking lots. Per standards specified in this chapter.

5. Screening areas. All air conditioning units, HVAC systems, exhaust pipes or stacks, overhead doors, legally non-conforming outside storage areas, and satellite dishes shall be integrated into the overall building design or screened from the U.S. Highway 421 right-of-way and adjoining residential districts or uses, by means of walls, fencing, parapets, penthouse screens, landscaping, camouflage or other approved method.

1. The interior dimensions, specifications and design of any planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to provide for proper growth. The following minimum interior widths for planting areas shall be used:

a. Canopy trees: nine feet;

b. Ornamental trees: seven feet; and

c. Shrubs (only): five feet.

2. All plant material proposed to be used in accordance with any landscape plan shall meet the following specifications.

a. Shade trees: a minimum trunk diameter of two and one-half inches at six inches above grade, a minimum height of eight feet and a branching height of not less than one-third or more than one-half of tree height.

b. Ornamental trees: a minimum trunk diameter of one and one-half inches at six inches above grade, a minimum height of six feet and a branching height of not less than one-third or more than one-half of tree height.

c. Evergreen trees: a minimum height of eight feet, and a width of not less than three-fifths of the height.

d. Deciduous shrubs: a minimum height of 18 inches, no less than six main branches upon planting, and a mature height no greater than 36 inches.

e. Evergreen shrubs: a minimum height and spread of 18 inches, maximum mature height of 36 inches.

3. Landscape buffer: the primary landscaping materials used in the landscape buffer shall be shade trees, ornamental trees, shrubs, ground covers and grass.

a. A minimum of three shade trees and one ornamental tree shall be provided per 100 linear feet of landscape buffer.

b. Shade trees planted within the landscape buffer parallel to the U.S. Highway 421 right-of-way shall be spaced neither less than 15 feet apart nor more than 40 feet apart.

c. Existing shade trees within the landscape buffer that have a minimum trunk diameter of four and one-half inches at six inches above grade, are encouraged to be preserved. For each shade tree that is preserved within the landscape buffer area, two fewer trees are required to be planted within the applicable 100 linear feet.

4. Foundation plantings: the primary landscaping materials used adjacent to buildings shall be shrubs, ground covers and ornamental grasses.

5. Parking lots.

a. Interior landscaping. A minimum of one shade tree and five shrubs shall be planted within each parking lot for every seven spaces provided, or not less than 20 trees per acre of parking. However, for buildings with parking areas located in a front yard, with frontage directly on U.S. Highway 421, a minimum of one shade tree and five shrubs shall be planted within each parking lot for every five spaces provided, or not less than 24 trees per acre of parking.

b. Parking lot perimeter planting. Where parking areas are located in the front yard, with frontage directly on U.S. Highway 421, a six-foot wide perimeter planting area shall be provided along the front and sides of those areas.

i. The required planting unit for this area shall include two shade trees, three ornamental trees and 30 shrubs per 100 linear feet.

ii. The perimeter planting area shall be provided in addition to the landscape buffer area.

iii. Existing shade trees within the landscape buffer that have a minimum trunk diameter of four and one-half inches at six inches above grade, are encouraged to be preserved. For each shade tree that is preserved within the landscape buffer area, two fewer trees are required to be planted within the applicable 100 feet.

c. Front and side parking. Parking areas within front and side yards shall be completely screened from view. Such screening shall be subject to town approval.

d. Landscaping installation and maintenance.

i. Installation. All landscaping approved as part of the landscape plan portion of development plan approval shall be installed prior to the issuance of a certificate of occupancy. If it is not possible to install the required landscaping because of weather conditions, the property owner shall post a bond prior to the issuance of the certificate of occupancy for an amount equal to 125% of the total installed cost of the required landscaping.

ii. Maintenance. It shall be the responsibility of the owners and their agents to ensure proper maintenance of all trees, shrubs and other landscaping approved as part of the landscape plan portion of development plan approval in accordance with the standards set by this chapter. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute approved by the town, irrigation and mulching of planting areas and keeping the area free of refuse, debris, rank vegetation and weeds.

iii. Changes after approval. See §§ 194.200 through 194.202 of this chapter.

iv. Inspection. The town or its designee may visit any tract within the Overlay District to inspect the landscaping and check it against the approved plan on file.

(16) Parking requirements.

(a) Parking spaces required, and the dimensions of those parking spaces.

(b) Landscaping standards: see above.

(c) Parking lots shall be designed to provide coordinated access to parking areas on adjoining tracts or parcels within the Overlay District, preferably via a frontage road network. Sites utilizing front-loaded parking areas shall provide for continuous access across the rear of the site to adjoining tracts or parcels. As part of the development plan submission, the petitioner shall provide a site circulation plan that illustrates to the town how coordinated access will occur relative to the overall U.S. Highway 421 Corridor.

(d) All parking areas and drives (including residential driveways) shall be paved with asphalt or concrete. Brick pavers or other decorative pavements may be used as accents in parking area design. Poured-in-place concrete curbs shall be used.

(e) Parking within front yard setbacks shall be discouraged and limited to a maximum of two rows of the total required parking. Parking within the front yard setbacks shall be subject to minimum landscape buffer width, minimum bufferyard requirements and maximum building setback standards.

(17) Lighting requirements. See § 194.113.

(18) Access to individual tracts.

(a) The purpose of this section is to make the closing of all curb cuts along U.S. Highway 421 possible by establishing a common access road to the rear parking lots of all tracts within the Overlay District. Frontage streets and common entrances shared by several properties and developments shall be strongly encouraged, especially in those cases where tracts can be accessed via connection to a primary or secondary arterial street, local street, or adjoining parking lot.

(b) The town shall encourage maximum distances between curb cuts to U.S. Highway 421 in cooperation with the state’s Department of Transportation. Bicycle and pedestrian circulation to and through the site shall be coordinated with vehicular access, landscape buffer design and parking.

(19) Other requirements.

(a) Trash collection. Trash collection and recycling areas shall be enclosed and screened on all sides, with a minimum six-foot tall opaque wall. Trash collection and recycling areas shall be in the rear of all buildings.

(b) Loading areas. Loading areas and trash collection areas shall be permitted per the needs of the business establishments and shall be identified on the development plan. Loading spaces and overhead doors shall face to the rear of all buildings. Should a loading space be located adjacent to or visible from a public right-of-way, or established on the side of a building through any circumstance, it shall be screened per town approval.

(c) Emergency access. All emergency access areas and facilities shall be shown on the site plan and reviewed by the town’s Fire Department.

(d) Signs. A sign plan for the proposed development shall be submitted to the town for approval as part of the development plan application. Signs for each proposed use shall be uniform in character as to color and architectural design as approved by the town. Should a development plan-approved sign plan be replaced with a new design, the amended sign plan must go before the town for review and approval. Individual signs that conform to this chapter and to the approved sign plan shall not require further approval, however, such signs shall require an improvement location permit.

(e) Conforming uses. A development plan shall be submitted to the town for its approval when a legally established non-conforming use is changed to a conforming use and when either:

1. Any new building is to be constructed; or

2. Any existing building or site development (including addition of parking lot) is expanded by more than 30%.

(f) Non-conforming uses. A development plan shall be submitted to the town for its approval when a legally established non-conforming use is altered as follows:

1. A building has been more than 60% destroyed;

2. Any expansion of a building or site development (including addition of parking lot). Normal maintenance and repair is exempt from the development plan approval requirement; and

3. If property or building is vacant for more than year.

(20) Off-premises (outdoor advertising) signs. Off-premises signs will not be allowed in the U.S. Highway 421 Overlay District.

(21) Application procedure.See § 194.125 of this chapter.

(22) Validity of approval of the application by the town.

(a) An approved development plan petition shall be valid for two years from the date of approval.

(b) If construction of the building(s) has (have) not started at the end of the two-year period, the development plan request shall be re-submitted to the town for consideration and disposition.

(23) Waiver of development requirements.

(a) Building materials findings. The town may grant a waiver of the building materials development requirements and approve the use of alternate exterior building materials on any facade of a building upon finding that:

1. The building materials utilized represent an innovative use of said materials which enhance the overall aesthetic exterior character of the building and will not be detrimental to the use or value of area properties;

2. The building materials utilized are appropriate when compared to the building materials utilized on other buildings on the site and surrounding sites;

3. The building materials utilized are consistent with and compatible with other building materials utilized on, and with the overall exterior character of, other buildings and development located along the street; and

4. The building materials utilized are consistent with the intent and purpose of this chapter.

(b) Architectural design findings. The town may grant a waiver of the architectural design requirements of section of this chapter and approve an architectural design which does not incorporate the overall theme or incorporate the architecture, design and overall aesthetic exterior character of a building consistent with the Georgian, Federal, Greek Revival or Victorian architectural styles upon finding that:

1. The Architectural design represents an innovative use of building materials or design, or site design features which will not be detrimental to the use or value of area properties;

2. The proposed building is appropriate when compared to the architecture, design and overall exterior character of other buildings on the site and surrounding sites;

3. The building design is consistent with and compatible with other development located along the street; and

4. The proposed building is consistent with the intent and purpose of this chapter.

(Ord. 2000-16, passed 8-28-2000, § 2.40; Ord. 2016-04, passed 4-5-2016; Ord. 2016-23, passed 12-19-2016; Ord. 2020-01, passed 1-6-2020)

§ 194.080 RURAL AZ: RURAL AIRPORT ZONING DISTRICT.

(A) Purpose and intent. The AZ, Rural Airport Zoning, District is hereby established to include airports and heliports and all other facilities and uses appropriate and common with the taking off and landing of aircraft along with storage and servicing of such aircraft.

(B) Tables.

(1) Table 1: Land Use Districts;

(2) Table 2: Authorized Uses;

(3) Table 3: Residential Uses and Requirements, Single-Family;

(4) Table 4: Residential Uses and Requirements, Two-Family and Multi-Family Dwellings;

(5) Table 5: Residential Uses and Requirements, Mobile Home Parks Established after 1-1-1999; and

(6) Table 6: Commercial, Industrial and Other Non-Residential Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.41)

§ 194.081 DISTRICTS.

The jurisdiction area is hereby classified and divided into districts designated in Table 1, Land Use Districts:

Table 1: Land Use Districts
Conservation and Agriculture Districts
C	Conservation	This district is established to emphasize the conservation of existing natural resources.
AP	Agricultural Preservation	This district is established to restrict non-agriculturally related land uses. Residential development may occur at a substantially decreased rate than other districts.
AG	General Agricultural	The Agricultural Zoning District is intended to maintain the rural and scenic qualities of the county by preserving farm land and significant open lands while allowing landowners a reasonable return on their holdings. It is further intended to provide for controlled rural residential growth beyond the limits of the urban service districts of the City of Lebanon, while maintaining the viability of existing county agricultural activities, providing for farming opportunities for future farmers, allowing current farmers to realize the monetary value of their land, protecting historic, scenic or environmentally sensitive areas and ensuring that rural residential growth can be adequately served by public roadways, fire and police protection, and public schools, without requiring unplanned and/or inordinate public expenditures. To achieve this intent, the Agricultural District is designated to (a) minimize the loss of farm lands and significant open lands to residential uses through the establishment of contiguous parcels of non-residential acres, and (b) maximize the clustering of rural residential lots on the least number of acres located on existing farm lands and significant open lands.
RE	Rural Equestrian	This district is established to maintain and conserve a rural, country-like atmosphere and to encourage equestrian uses rather than residential uses. Residential development may occur, but is secondary to the rural equestrian purpose of this district. Further, the lot area requirements of this district are more restrictive than established residential districts; typically at a density of 1 home per 3 acres.
AZ	Airport Zoning	This district is designed to include airports and heliports and all other facilities and uses appropriate and common with the taking off and landing of aircraft along with storage and servicing off such aircraft.
Residential Districts
R-1	Low Density Single-Family Residential	This is a low-density suburban residential district. The lot area and minimum floor area requirements are larger than the other residential districts. Development in this district is typically at a density of less than 1 home per 2 acres.
R-2	Low Density Single-Family and Two-Family Residential	This is a low-density single-family district, which could include two-family dwellings by Development Plan Approval. This district is primarily suited for suburban residential development in areas contiguous to the urban centers of the county. Development in this district typically ranges from 0.50 homes per acre (without public water and public sewer) to 1.75 homes per acre (with public water and public sewer).
R-3	Medium Density Single- Family and Two-Family Residential	This is a medium density single-family district, which may include two- family dwellings by development plan approval. Development in this district typically ranges from 1.75 homes per acre to 3 homes per acre. In this district, residential development at these densities requires connection to public water and public sewer utilities.
R-4	High Density Single-Family and Two-Family Residential	This district is established for high-density single-family dwellings and may include two-family dwellings by development plan approval. Single- and two-family development in this district typically ranges from 3 homes per acre to 4.25 homes per acre. Two-family development typically ranges from 7 units per acre to 12 units per acre. In this district, single- and two-family development at these densities requires connection to public water and public sewer utilities.
MF	High Density Multi-Family Residential	This is a high-density multi-family district. Development in this district is typically at a density of 7 to 12 dwelling units per acre. Development in this district requires connection to public water and public sewers.
Commercial Districts
LB	Local Business	This district is designed and located in neighborhoods to accommodate the primary needs of that locality. This district would place convenience and necessity facilities close to consumers in limited areas close to residences.
PB	Professional Business	This district is established as a buffer generally between commercial and residential districts permitting selected business and professional uses having limited contact with the public.
UB	Urban Business	This district is designed to address the needs of existing and future downtown development. This district carries virtually all of the characteristics of the GB District but without setbacks, bufferyards or other design requirements common to suburban development.
GB	General Business	This district is designed to include central business districts in established urban places. This district would be used for most types of business and service uses.
AB	Accommodation Business	This district is established to include areas adjacent to interstate interchanges and is designed to serve the needs of the public traveling on these major thoroughfares.
Industrial Districts and PUDs
I-1	Light Industrial	This district is established to accommodate light industrial uses in which all operations, including storage of materials would be confined within a building, and would include warehousing operations.
I-2	General Industrial	This district is established for all types of industrial uses requiring both enclosed and unenclosed spaces for storage, manufacturing and fabricating.
PUD	Planned Unit Development	This district is established to encourage improved land development and building site design, to encourage and allow a variety of innovative uses, building types and arrangements, to allow development of land areas so planned, located or situated as to merit and justify consideration as a PUD District.

(Ord. 2000-16, passed 8-28-2000, § 2.42)

§ 194.082 AUTHORIZED USES AND REQUIREMENTS.

The uses permitted in the districts established by this chapter are shown in Table 2, Authorized Uses. Where the district column is marked with an “X”, the use is permitted. Where the district column is marked with an “S”, the use may be permitted only as a special exception. Where the district column is marked with a “D”, the use may be permitted only after approval of a development plan by the APC.

(A) Where a district column is marked with an “SW”, the use may be permitted by Special Exception approval from the BZA subject to the issuance of a license or operating permit as approved by the county’s Solid Waste Management District. Where a district column is marked with an “XW”, the use is permitted by right in the zoning district, but is subject to the issuance of a license or operating permit as approved by the county Solid Waste Management District.

(B) For uses not listed, the Director shall attempt to determine if the requested use is similar to a permitted use. If the proposed use is determined to be similar to a permitted use, the permit shall be issued. If the Director determines that the use is not similar, then the application shall be denied. In case of uncertainty, the Director may refer the request for clarification or classification to the BZA for consideration in accordance with the provisions of the section on uses not listed under the duties of the Board of Zoning Appeals.

Table 2: Authorized Uses

R-1

R-2

R-3

R-4

I-1

I-2

Education

Art and music schools

Colleges and universities

Elementary and secondary schools

Junior colleges and technical institutes

Libraries and information centers

Trade or business school

Non-Industrial Farm, Agricultural, Animal Related Uses

Animal day care facility

Commercial greenhouse

Kennel, small

Kennel, large

Kennel, unlimited

Roadside produce stand

Sale barn for livestock

Veterinary animal hospital

Farm

Hay, grain, feed stores

Landscape contractor

Plant nursery

Government

Penal or correctional institution

Police, postal or fire station

Municipal or government buildings

Publicly owned park or recreational facility

Industrial Uses

Anhydrous ammonia or similar liquefied fertilizer storage and distribution

Auction sales yard (excluding livestock)

Commercial facility for breeding non- farm fowl and animals

Confined feeding

Contractors storage

Industrial, general

Junk Yard

Light industrial park

Liquefied petroleum gas, bottled gas dealers

Manufacturing, use or storage of explosives

Mineral extraction

Open material storage

Petroleum tank farm

Slaughter house

Truck freight terminal

Warehouse (general)

Warehouse (grain storage)

Wholesale produce terminal

Farm product processing food processing

Fuel dealers

Light industry

Linen supply

Warehousing, storage or recycling of hazardous waste

Warehousing, storage or recycling of radioactive waste

Wholesale business

Non-Profit Membership Organizations

Business associations

Charitable institutions

Church or temple

Civic, social, religious, political or fraternal organizations

Recreation, Amusement, Tourism

Fairgrounds

Golf and country clubs

Golf driving range and miniature golf course

Hotel or motel

Outdoor recreation facility

Outdoor shooting range, public or private

Public camp ground or recreational vehicle park

Race Track

Stable, Private

Stadium, coliseum

Theater, Outdoor

Bed and breakfast

Billiard and pool establishments

Bowling alleys

Dance halls, studios and schools

Indoor recreation facility

Lodge or private club

Motion picture theater

Museum and art gallery

Public golf course

Seasonal hunting and fishing lodge

Skating

Stable, public

Residential

Day care center

Minor residential subdivision

Mobile home park

Customary home occupation (accessory use)

Domestic crafts

Assorted fabric services excluding dry cleaner

Woodworking services

Hair grooming, home catering and internet sales

Law, medicine, architecture, engineering, accounting

Academic and cultural arts tutoring

Consultation only- insurance office, planning, real estate, notary public, manufacturer’s agent

Dwelling - multi-family

Dwelling - single-family

Dwelling - two- family

Farm seasonal worker housing

Fraternity, sorority or student housing

Group residential facility

Major residential subdivision

Nursing home

Orphanage

Temporary mobile home

Retail, trade, food stores

Drive-in restaurant / fast food

Cafeteria, restaurant

Candy, nut and confectionary

Carry out restaurant

Dinner theater

Fruits and vegetables

Grocery, bakery, meat and fish, dairy products, health foods

Night club

Tavern

Retail, Trade, General Merchandise

Shopping center

Antique store

Apparel shop, shoes, custom tailoring

Bait sales

Bicycle shops

Boat sales

Book and stationary store

Camera and photographic supply

China, glassware, metal ware

Department store

Drapery, curtain and upholstery

Drug store

Electrical supply store

Farm and garden supply

Farm implements and equipment sales

Floor coverings

Florists, furriers

Gift, novelty and souvenir shops

Hardware or variety store

Hobby, toy and game shops

Household appliances, furniture

Jewelry store

Liquor store

Lumber and building materials

Monument sales

Music and video stores

News dealers

Paint, glass and wallpaper

Pet shops

Plumbing, heating and air conditioning dealer

Sporting goods

Studio business

Tobacco sales

Services, General

Accounting, auditing and bookkeeping service

Adult entertainment businesses

Advertising agencies

Agricultural credit institutions

Attorney services

Auto license bureaus

Banks and branch banks

Blueprinting and photocopying

Bond and mortgage company, savings and loan, installment sales, finance

Clothing rental

Coin-operated laundry and dry cleaning

Collection agencies

Commercial testing laboratories

Counselor-at-law

Detective agencies and protective services

Diaper service

Disinfecting and exterminating services

Dressmaking

Electrical repair shop

Engineering and architectural service

Insurance agents, brokers and service

Newspaper publishing

Private employment agencies

Professional office

Real estate service

Reupholster and furniture repair

Shoe repair

Stenographic service

Stock brokers and dealers

Tailoring and pressing shops

Temporary help supply services

Watch, clock and jewelry repair

Services, Medical

Convalescent homes

Clinic

Hospitals

Blood banks

Life care facility

Medical and dental laboratories

Medical office

Services, Personal

Cemetery or crematory

Barber shop, beauty shop

Mortuary

Photographic studio

Reducing and health salons

Solid Waste Disposal Facilities

Compost/digester facility

Composting facility

Construction/
demolition site

Incinerator

Resource recovery facility

Sanitary landfill, privately owned

Sanitary landfill, publicly owned

Transfer station

Landfill, hazardous waste or radioactive waste

Long-term permitted clean fill disposal site

Long term permitted clean fill processing site

Restricted waste site

Temporary permitted clean fill disposal site

Temporary permitted clean fill land reclamation site

Temporary permitted clean fill processing site

Utilities, Transportation, Communications/Vehicle Dealers, Repair and Services

Airport or heliport

Public water wells, water stations, filtration plants, reservoirs and storage tanks

Telephone exchange or public utility station

Wireless communication facility

Mass transit station

Off-premises signs

Radio or television station or studio

Transmission lines for utilities

Automatic car wash

Parking lot

Truck service center

Automobile body shop and painting

Automobile or motorcycle sales

Automobile parts supply

Automobile repair, service station

Mobile home, travel trailer, camper sales and service

Parking garage

Passenger car rental

Storage and dismantling of disabled vehicles

Tire, battery and accessory dealers

Truck sales, rental, leasing, repair

Table 3: Residential Uses and Requirements, Single-Family
Zoning District	AG	RE	R-1	R-2	R-3	R-4	LB	UB	GB	PB	AB
Maximum height of buildings	35	35	35	35	35	35	35	35	35	35	35
Minimum ground floor area
One-story	1,200	1,200	1,200	1,200	900	900	900	900	900	1,200	900
Multi-story	900	900	900	900	750	750	750	750	750	900	750
Minimum acres required per dwelling unit
Minimum acreage on well/septic	2 acres	3 acres	2 acres	2 acres	2 acres	2 acres	2 acres	2 acres	2 acres	2 acres	2 acres
Minimum acreage on utilities	2 acres	3 acres	1 acre	0.6 acre	0.33 acre	0.23 acre	0.23 acre	0.23 acre	0.23 acre	0.23 acre	0.23 acre
Maximum lot coverage	50%	50%	60%	60%	70%	70%	70%	70%	70%	70%	70%
Minimum primary structure width: 18 feet in all districts. Lot width to depth ratio: (3:1). (All newly created residential lots in all the above zoning districts, will not establish a lot depth which is 3 times greater than the lot width).
Minimum lot area: 5,000 square feet in all districts with public sewers. 2 acres in all districts without public sewers, and 3 acres in the re district, with or without public.
Public water and public sewer connection: required in all districts for lots that are less than one acre in size. Utility connection: required for major residential subdivisions with 15 lots or more.
Road frontage: 45 feet in all districts: (in subdivisions, up to 20% of total lots may reduce road frontage by up to 20%).
Minimum front yard (unincorporated areas): in all districts, 20 feet from the right-of-way or 70 feet from the center of the road, whichever is greater (not applicable to flag lots).
Minimum rear yard for primary structures: 20 feet in all districts.
Minimum rear yard for accessory structures: 5 feet in all districts.
Minimum side yard: 5 feet in all districts, except the agricultural district. (For agricultural district, see § 194.111 RURAL PARKING AND LOADING REQUIREMENTS (L) Bufferyards, Rural Bufferyard Requirements Table)
Number of parking spaces per lot: 2 in all districts.
Minimum spacing between dwellings created in the agricultural district: 140 feet.

Table 4: Residential Uses and Requirements, Two-Family and Multi-Family Dwellings
Zoning District	R-2	R-3	R-4	MF	LB	UB	GB	PB	AB
Maximum density (units per acre)
Two-family dwellings	1.75	3	4.25	NA	4.25	4.25	4.25	4.25	4.25
Multi-family dwellings	NA	NA	NA	7	20	20	20	20	12
Maximum height of buildings	35	35	50	50	50	50	50	50	50
Minimum ground floor area (per dwelling unit)
One-story	900	700	700	700	700	500	500	700	700
Multi-story	450	400	400	400	400	350	350	400	400
Minimum front yard in all districts: 20 feet.
Minimum side and rear yard in all districts: 10 feet.
Number of parking spaces per dwelling unit in all districts: 2.
Public water and public sewer connection required in all districts for all development.

Table 5: Residential Uses and Requirements, Mobile Home Parks Established after 1-1-1999
Zoning District	R-1	R-2	R-3
Units per acre	2	4	6
Minimum lot area in all districts: 5 acres.
Minimum area per unit in all districts: 5,000 square feet.
Minimum ground floor area (square feet)	1,000	900	900
Minimum structure width: 12 feet in all districts.
Minimum structure length: 70 feet in all districts.
Minimum front yard: 20 feet in all districts.
Minimum side and rear yard: 10 feet in all districts.
Minimum distance between buildings (primary and/or accessory): 10 feet in all districts.
Minimum distance from building to road (feet): 20 feet in all districts.
Number of parking spaces (per dwelling unit): 2 in all districts.
Public water and public sewer connection required in all districts: yes.

Table 6: Commercial, Industrial and Other Non-Residential Requirements
Zoning District	AG, R-1, R-2, R-3, R-4, MF	AB	LB	GB	UB	PB	CR	I-1	I-2	IR
Maximum height of buildings	25	35	35	75	75	35	25	75	75	35
Minimum road frontage	45	45	45	45	NA	45	45	45	45	45
Minimum front yard	20	20	20	20	NA	20	20	20	20	20
Minimum side yard	10	10	10	10	NA	10	10	10	10	10
Minimum rear yard	10	10	10	10	NA	10	10	10	10	10

(Ord. 2000-16, passed 8-28-2000, § 2.43; Ord. 2020-01, passed 1-6-2020)

Zionsville City Zoning Code

DISTRICTS

§ 194.040 ESTABLISHMENT OF ZONING DISTRICTS.

(A) Rural conservation and agricultural districts:

(1) Rural C: Rural Conservation District;

(2) Rural AP: Rural Agricultural Preservation District;

(3) Rural AG: Rural General Agricultural District; and

(4) Rural RE: Rural Equestrian District.

(B) Urban RE: Equestrian/Estate Residential District;

(1) Urban R-SF-1: Urban Single-Family Residential;

(2) Urban R-SF-2: Urban Single-Family Residential;

(3) Urban R-SF-3: Urban Single-Family Residential (deleted for new subdivisions after 7-9-1990);

(4) Urban R-SF-4: Urban Single-Family Residential (deleted for new subdivisions after 7-9-1990);

(5) Urban R-MF-1: Urban Multi-Family Residential District One;

(6) Urban R-MF-2: Urban Multi-Family Residential District Two; and

(7) Urban R-V: Urban Special Residential.

(D) Rural residential districts:

(1) Rural R-1: Rural Single-Family Residential;

(2) Rural R-2: Rural Single- and Two-Family Residential;

(3) Rural R-3: Rural Single- and Two-Family Residential;

(4) Rural R-4: Rural Single- and Two-Family Residential; and

(5) Rural MF: Rural Multi-Family Residential.

(E) Urban business/commercial districts:

(1) Urban B-O: Urban Office;

(2) Urban B-1: Urban Neighborhood Business;

(3) Urban B-2: Urban Outdoor Business; and

(4) Urban B-3: Urban Outdoor Business.

(F) Urban VBD: Urban Village Business;

(G) Rural business/commercial districts:

(1) Rural LB: Rural Local Business;

(2) Rural PB: Rural Professional Business;

(3) Rural UB: Rural Urban Business;

(4) Rural GB: Rural General Business; and

(5) Rural AB: Rural Accommodation Business.

(H) Urban industrial districts:

(1) Urban I-ORT: Urban Office/Research/Technology Industrial;

(2) Urban I-1: Light Industrial;

(3) Urban I-2: General Industrial; and

(4) Urban I-3: Heavy Industrial.

(I) Rural industrial districts:

(1) Rural I-1: Rural Light Industrial; and

(2) Rural I-2: Rural General Industrial.

(J) Urban special use districts:

(1) Urban SU-1: Schools;

(2) Urban SU-2: Churches;

(3) Urban SU-3: Golf Course, Golf Driving Range;

(4) Urban SU-4: Airport or Landing Field;

(5) Urban SU-7: Charitable and Philanthropic Institutions;

(6) Urban SU-8: Buildings and Grounds Used by Any Department of Town, Township, County, State or Federal Government;

(7) Urban SU-9: Cemeteries;

(8) Urban SU-12: Swimming Pool, Commercial;

(9) Urban SU-13: Community Center;

(10) Urban SU-14: Library;

(11) Urban SU-16: Light and Power Substation, Water Tank and Similar Structures;

(12) Urban SU-17: Radio or Telecommunications, Receiving or Broadcasting Towers and Associated Accessory Buildings; and

(13) Urban SU-20: Extracting or Gravel, Sand, Peat and Other Raw Materials.

(K) Urban other districts:

(1) Urban O-1: Urban Open Land District;

(2) Urban FP: Urban Floodplain Secondary District; and

(3) Urban MRO: Urban U.S. Highway 421-Michigan Road Corridor Overlay District.

(L) Rural other districts:

(1) Rural MRO: Urban U.S. Highway 421-Michigan Road Corridor Overlay District; and

(2) Rural AZ: Rural Airport Zoning District.

(Ord. 2000-16, passed 8-28-2000, § 2.1)

§ 194.041 RURAL C: RURAL CONSERVATION DISTRICT.

(A) Purpose and intent. The Rural C, Rural Conservation, District is hereby established to emphasize the conservation of existing natural resources.

(B) Specifics. See Table 1, Rural Authorized Uses and Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.2)

§ 194.042 RURAL AP: RURAL AGRICULTURAL PRESERVATION DISTRICT.

(B) Specifics. See Table 1, Rural Authorized Uses and Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.3)

§ 194.043 RURAL AG: RURAL GENERAL AGRICULTURAL DISTRICT.

(B) Specifics.

(1) See Table 1, Rural Authorized Uses and Requirements.

(2) See Table 2, Rural Residential Uses and Requirements, Single-Family.

(3) See Table 5, Rural Commercial, Industrial and Other Non-Residential Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.4)

§ 194.044 RURAL RE: RURAL EQUESTRIAN DISTRICT.

(B) Specifics.

(1) See Table 1, Rural Authorized Uses and Requirements.

(2) See Table 2, Rural Residential Uses and Requirements, Single-Family.

(Ord. 2000-16, passed 8-28-2000, § 2.5)

§ 194.045 URBAN R-E EQUESTRIAN/ESTATE RESIDENTIAL DISTRICT.

(B) Permitted uses.

(1) Primary uses.

(b) Single-family dwelling;

(d) Residential facility for the developmentally disabled;

(e) Residential facility for the mentally ill, subject to the provisions of § 194.100 of this chapter;

(f) Child care home (that is used as the primary residence of the person who operates the child care home);

(g) Roadside food sales stand (sale of produce grown on the premises); and

(h) Nature reserve or preserve, wildlife sanctuary.

(2) Special exception uses.

(a) Bed and breakfast;

(b) Communications/utilities:

1. Communication relay tower;

2. Public utility substation;

3. Public wells; and

4. Telecommunication tower.

1. Cemetery;

2. Commercial breeding and raising of non-farm fowl and animals;

3. Sales barn for livestock sale; and

4. Religious use.

(d) Recreation:

1. Private camp;

2. Campground;

3. Ball fields;

4. County club;

5. Riding stable or multi-use trails (i.e., biking, cross-country skiing, hiking); and

6. Golf course (not including a golf driving range or miniature golf course as the primary use).

(e) See also § 194.202 of this chapter.

(3) Accessory uses. See § 194.095 of this chapter.

(4) Home occupations. See § 194.097 of this chapter.

(5) Temporary uses. See § 194.096 of this chapter.

(2) Minimum lot area. Three acres.

(3) Minimum lot width. The minimum lot width at the building setback line shall be not less than provided as follows:

Lots Not on a Cul-de-Sac	Lots on a Cul-de-Sac
200 feet	150 feet

(4) Minimum lot frontage. The minimum lot frontage on a public street shall be not less than provided as follows:

Lots Not on a Cul-de-Sac	Lots on a Cul-de-Sac
100 feet	75 feet

(5) Maximum lot coverage, primary or special exception uses and accessory uses. 15% of the total lot area.

(6) Maximum lot depth to width ratio. Four to one (4:1).

(7) Minimum yards and building setbacks.

(a) Front:

1. A minimum front yard and building setback measured from the proposed right-of-way shall be provided as follows:

Collector/local street/cul-de-sac or other street	40 feet
Primary arterial street	60 feet
Secondary arterial street	40 feet

(b) Side: a minimum side yard of 25 feet shall be provided along all side lot lines.

1. A minimum rear yard shall be provided along all rear lot lines as follows:

Agricultural building	150 feet
Residential accessory building	25 feet
Residential primary building	50 feet

2. See also § 194.018 of this chapter.

(8) Maximum building height.

Agricultural building	Unlimited; provided that, for each additional 1 foot over 35 feet in height, 1 additional foot shall be added to the minimum yard and building setback requirements
Residential accessory building	22 feet
Residential primary building	40 feet

(9) Minimum main floor area. The minimum main floor area of the residential primary building, exclusive of garage, carport, deck, patio and open porches:

One-story building	1,500 square feet
Two- or more story building	1,000 square feet; provided that, the total finished floor area shall be at least 1,500 square feet

(10) Off-street parking. See § 194.102 of this chapter.

(11) Signs. See §§ 194.160 through 194.168 of this chapter.

(12) Vision clearance areas. See § 194.024 of this chapter.

(3) Development requirements.

(c) Project open space. The total land area saved by using this provision shall be put into project open space, per division (D)(6) below.

1. Minimum lot area: 21,780 square feet (one-half acre);

2. Minimum rear yard setback: 25 feet;

3. Minimum side yard setback: 15 feet, unless the zero lot line option, noted in division (D)(4)(b) below is utilized;

4. Minimum lot frontage: minimum lot frontage may be reduced to 50 feet; provided that, each individual lot shall have direct access to a public street;

5. Maximum lot coverage: 20%; and

6. Lot width: 50 feet.

1. A minimum distance of 25 feet shall be required and maintained between all buildings on abutting lots;

2. No window or doors shall be provided or maintained on that portion of the building in which the required side yard has been reduced to zero feet;

3. The aggregate side yard(s) is provided on the lot according to the applicable residential district regulations; and

4. An access and maintenance easement shall be recorded which provides for the continual maintenance of the lot, buildings and structures along the side yard which has been reduced to zero feet.

1. All construction projects which are to become part of the town’s system, to be operated and maintained by the town, shall conform to the town’s design and construction standards.

(5) General requirements for projects open space.

(a) The amount of permanent open space created by the development of the tract as an open space subdivision shall be:

1. Preserved in its naturally occurring state;

2. Developed only to the extent required to provide for:

a. The passive recreational activities of walking, biking, hiking or picnicking;

b. Developed and maintained as landscape features including, but not limited to, common areas, landscape easements and boulevard entry ways; or

c. Other recreational or amenity features approved by the Plan Commission.

3. Developed into an active recreational area; and

(b) The development of such open space shall be subject to the following additional requirements.

1. The open space shall be equivalent to or more than the total reduction in lot area. At least 75% of the total amount of open space shall consist of land areas which are at least 50 feet wide.

2. The open space created by the development of the tract as a open space subdivision shall further be provided in such a manner that it is accessible:

a. To residents of the open space subdivision and their guests, by way of sidewalk, footpath or combined walkway/bikeway; and

b. For maintenance.

4. No overhead transmission line easement may be used in calculation of required open space.

(6) Procedures for open space subdivision approval plan documentation; plan documentation and supporting information.

(a) Plans. Prior to applying for primary plat approval, the petitioner shall submit two plans for the tract proposed for an open space subdivision for review by the Building Commissioner.

(b) Building Commissioner review.

a. Protection of unique topographical features on the tract, including, but not limited to, slopes, streams, wooded areas and other natural features;

b. Protection and preservation of wooded areas, individual trees of significant size, wetlands or other environmentally sensitive features;

c. Development of common open space and recreational areas accessible to residents of the open space subdivision including provisions for walkways and bikeways;

d. More efficient use of land;

e. Innovative residential environments;

g. Relationship to surrounding properties, improvement of the view from and of buildings; and

h. Minimization of the land area devoted to motor vehicle access shall be encouraged through the arrangement and location of individual lots, streets and buildings.

1. The use or value of area properties shall not be adversely affected. The proposed development shall be in compliance with the applicable general requirements for open space;

2. The proposed development is appropriate to the site and its surroundings; and

3. The proposed development is consistent with the intent and purpose of this chapter.

(e) Existing perimeter street lots.

(f) Vistas.

1. Backyard vistas from internal streets shall be broken up by open space landscape areas along internal street frontage(s) where affected by such view.

(E) General regulations. See general regulations for R districts.

(Ord. 2000-16, passed 8-28-2000, § 2.6)

§ 194.046 URBAN R-SF-1: SINGLE-FAMILY RESIDENTIAL DISTRICT.

(B) Permitted uses.

(1) Primary uses.

(a) One single-family dwelling, including a modular home dwelling and a manufactured home dwelling;

(b) Residential facility for the developmentally disabled;

(d) Child care home (that is used as the primary residence of the person who operates the child care home).

(2) Special exception uses.

(b) Religious use;

(d) Home occupations: see § 194.097 of this chapter; and

(e) Temporary uses: see § 194.096 of this chapter.

(3) Minimum lot width. The minimum lot width at the building setback line shall be not less than provided in the following table:

Lot Area	Lots Not on a Cul-de-Sac	Lots on a Cul-de-Sac
1 acre or more	150 feet	120 feet between
25,000 square feet to 1 acre	100 feet	80 feet
1/2 acre to 25,000 square feet	80 feet	64 feet

(4) Minimum lot frontage. The minimum lot frontage on a public street shall be not less than provided in the following table:

Lot Area	Lots Not on a Cul-de-Sac	Lots on a Cul-de-Sac
1 acre or more	150 feet	120 feet
25,000 square feet to 1 acre	100 feet	80 feet
1/2 acre to 25,000 square feet	80 feet	64 feet
NOTES TO TABLE: * Direct access shall be gained from said public street or an abutting alley.

(5) Maximum lot coverage. Primary or special exception uses and accessory uses: 15% of the total lot area. See § 194.095 Urban Accessory Uses for additional information.

(6) Minimum yards and building setbacks.

(a) Front:

1. A minimum front yard and building setback measured from the proposed right- of-way shall be provided as follows:

Collector/local street/cul-de-sac or other street	40 feet
Primary arterial street	40 feet
Secondary arterial street	40 feet

(b) Side: a minimum aggregate and individual side yard shall be provided along all side lot lines as follows:

Lots with an area of 1 acre or greater	Aggregate side yards of 45 feet; no side yard shall be less than 20 feet
Lots with an area between 25,000 square feet to 1 acre	Aggregate side yards of 30 feet; no side yard shall be less than 12 feet
Lots with an area of 1/2 acre to 25,000 square feet	Aggregate side yards of 25 feet; no side yard shall be less than 10 feet

Accessory building or use	5 feet; see also § 194.018 of this chapter
Primary building	25 feet

(7) Maximum building height.

Accessory building	22 feet, but in no case shall the height of an accessory building exceed the height of the primary building
Primary building	35 feet

(8) Minimum main floor area. The minimum main floor area of the primary building, exclusive of garage, carport, deck, patio and open porches:

One-story building	1,800 square feet
Building greater than one-story	1,200 square feet; provided that, the total finished floor area shall be at least 1,800 square feet

(9) Off-street parking. See § 194.105 of this chapter.

(10) Signs. See §§ 194.160 through 194.169 of this chapter.

(11) Vision clearance areas. See § 194.021 of this chapter.

(1) Intent. Open space subdivisions are intended to allow greater flexibility in design and development of subdivisions in order to provide for more efficient use of land, protect topographical or other natural features or amenities, permit common area and open space reservation and preservation in perpetuity, and reduce overall development costs. The provisions set forth promote imaginative design in the development of subdivisions, which allows for better utilization of the unique physical qualities of the site in order to preserve them for not only the subdivision residents, but the community as a whole. To accomplish this purpose, the following regulations and development incentives to the R-SF-1 District shall be available when employing the open space subdivision option.

(3) Development requirements.

(c) Project open space. The total land area saved by using this provision shall be put into project open space, per division (E) below.

(a) Minimum lot area: 6,000 square feet;

(b) Minimum rear yard setback: 15 feet;

(d) Minimum lot frontage: minimum lot frontage may be reduced to 15 feet; provided that, each individual lot shall have direct access to a public street; and

(e) Maximum lot coverage: 50%.

(a) A minimum distance of ten feet shall be required and maintained between all buildings on abutting lots;

(b) No window or doors shall be provided or maintained on that portion of the building in which the required side yard has been reduced to zero feet;

(d) An access and maintenance easement shall be recorded which provides for the continual maintenance of the lot, buildings and structures along the side yard which has been reduced to zero feet.

(3) Design and construction standards.

(a) All construction projects which are to become part of the town’s system, to be operated and maintained by the town, shall conform to the town’s design and construction standards.

(F) General requirements for project open space.

(1) The amount of permanent open space created by the development of the tract as a open space subdivision shall be:

(a) Preserved in its naturally occurring state;

(b) Developed only to the extent required to provide for:

1. The passive recreational activities of walking, biking, hiking or picnicking;

2. Developed and maintained as landscape features including, but not limited to, common areas, landscape easements and boulevard entryways; or

3. Other recreational or amenity features approved by the Plan Commission.

(2) The development of such open space shall be subject to the following additional requirements.

(a) The open space shall be equivalent to or more than the total reduction in lot area. At least 75% of the total amount of open space shall consist of land areas which are at least 50 feet wide.

(b) The open space created by the development of the tract as a open space subdivision shall further be provided in such a manner that it is accessible:

1. To residents of the open space subdivision and their guests, by way of sidewalk, footpath or combined walkway/bikeway; and

2. For maintenance.

(d) No over head transmission line easement may be used in calculation of required open space.

(G) Procedures for open space subdivision approval; plan documentation and supporting information.

(1) Plans. Prior to applying for primary plat approval, the petitioner shall submit two plans for the tract proposed for an open space subdivision for review by the Building Commissioner.

(2) Building Commissioner review.

1. Protection of unique topographical features on the tract, including, but not limited to, slopes, streams, wooded areas and other natural features;

2. Protection and preservation of wooded areas, individual trees of significant size, wetlands or other environmentally sensitive features;

3. Development of common open space and recreational areas accessible to residents of the open space subdivision including provisions for walkways and bikeways;

4. More efficient use of land;

5. Innovative residential environments;

7. Relationship to surrounding properties, improvement of the view from and of buildings; and

8. Minimization of the land area devoted to motor vehicle access shall be encouraged through the arrangement and location of individual lots, streets and buildings.

(3) Plan Commission consideration.

(a) The use or value of area properties shall not be adversely affected;

(b) The proposed development shall be in compliance with the applicable general requirements for open space;

(d) The proposed development is consistent with the intent and purpose of this chapter.

(5) Existing perimeter street lots.

(6) Vistas.

(a) Backyard vistas from internal streets shall be broken up by open space landscape areas along internal street frontage(s) where affected by such view.

(I) General regulations. See general regulations for R districts.

(Ord. 2000-16, passed 8-28-2000, § 2.7; Ord. 2017-17, passed 12-4-2017)

§ 194.047 URBAN R-SF-2: SINGLE-FAMILY RESIDENTIAL DISTRICT.

(B) Permitted uses.

(1) Primary uses.

(a) One single-family dwelling, including a modular home dwelling and a manufactured home dwelling;

(b) Residential facility for the developmentally disabled;

(d) Child care home (that is used as the primary residence of the person who operates the child care home).

(2) Special exception uses.

(b) Religious use.

(3) Accessory uses. See § 194.095 of this chapter.

(4) Home occupations. See § 194.097 of this chapter.

(5) Temporary uses. See § 194.096 of this chapter.

(3) Minimum lot width. The minimum lot width at the building setback line shall be not less than provided in the following table:

Lot Area	Lots Not on a Cul-De-Sac	Lots on a Cul-De-Sac
1 acre or more	150 feet	120 feet
25,000 square feet to 1 acre	100 feet	80 feet
15,000 square feet to 25,000 square feet	80 feet	64 feet

(4) Minimum lot frontage. The minimum lot frontage on a public street shall be not less than provided in the following table:

Lot Area	Lots Not On Cul-De-Sac	Lots on a Cul-De-Sac
1 acre or more	75 feet*	60 feet*
25,000 square feet to 1 acre	50 feet*	40 feet*
15,000 square feet to 25,000 square feet	40 feet*	32 feet*
NOTES TO TABLE: *Direct access shall be gained from said public street or an abutting alley.

(6) Minimum yards and building setbacks.

(a) Front:

1. A minimum front yard and building setback measured from the proposed right-of-way shall be provided as follows:

Collector/local street/cul-de-sac or other street	35 feet
Primary arterial street	35 feet
Secondary arterial street	35 feet

(b) Side: a minimum aggregate and individual side yard shall be provided along all side lot lines as follows:

Lots with an area of 1 acre (43,560 square feet) or greater	Aggregate side yards of 45 feet; no side yard shall be less than 20 feet
Lots with an area between; greater than 25,000 square feet to less than 1 acre (43,560 square feet)	Aggregate side yards of 30 feet; no side yard shall be less than 12 feet
Lots with an area of 15,000 square feet to 25,000 square feet	Aggregate side yards of 25 feet; no side yard shall be less than ten feet

1. Accessory building or use: five feet, see also § 194.018 of this chapter; and

2. Primary building: 25 feet.

(7) Maximum building height.

(a) Accessory building: 22 feet, but in no case shall the height of an accessory building exceed the height of the primary building; and

(b) Primary building: 35 feet.

(8) Minimum main floor area. The minimum main floor area of the primary building, exclusive of garage, carport, deck, patio and open porches:

(a) One-story building: 1,500 square feet; and

(b) Building greater than one-story: 1,000 square feet; provided that, the total finished floor area shall be at least 1,500 square feet.

(9) Off-street parking. See § 194.105 of this chapter.

(10) Signs. See §§ 194.160 through 194.169 of this chapter.

(11) Vision clearance areas. See § 194.021 of this chapter.

(1) Minimum height of buildings. 35 feet.

(2) Minimum ground floor area.

(a) One-story: 900 square feet; and

(b) Multi-story: 750 square feet.

(3) Maximum lot coverage. 70%.

(4) Minimum lot area. 5,000 square feet (in all districts with public sewers).

(5) Minimum acreage on utilities. One-third acre per dwelling unit.

(6) Minimum road frontage. 45 feet (up to 20% of total lots may reduce road frontage by up to 20%).

(7) Minimum front yard. 20 feet from the right-of-way or 70 feet from the center of the road, whichever is greater (not applicable to flag lots).

(8) Minimum rear yard, primary structures. 20 feet.

(9) Accessory structures. Five feet.

(10) Minimum side yard. Five feet.

(11) Minimum primary structure width. 18 feet.

(1) Intent. Open space subdivisions are intended to allow greater flexibility in design and development of subdivisions in order to provide for more efficient use of land, protect topographical or other natural features or amenities, permit common area and open space reservation and preservation in perpetuity, and reduce overall development costs. The provisions set forth promote imaginative design in the development of subdivisions, which allows for better utilization of the unique physical qualities of the site in order to preserve them for not only the subdivision residents, but the community as a whole. To accomplish this purpose, the following regulations and development incentives to the R-SF-2 District shall be available when employing the open space subdivision option.

(3) Development requirements.

(c) Project open space. The total land area saved by using this provision shall be put into project open space, per division (E)(5) below.

1. Minimum lot area. 6,000 square feet;

2. Minimum rear yard setback. 15 feet;

3. Minimum side yard setback. Five feet, unless the zero lot line option, noted in division (E)(4)(b) below, is utilized;

4. Minimum lot frontage. Minimum lot frontage may be reduced to 15 feet; provided that, each individual lot shall have direct access to a public street;

5. Maximum lot coverage. 50%; and

6. Lot width. 50 feet.

1. A minimum distance of ten feet shall be required and maintained between all buildings on abutting lots;

2. No window or doors shall be provided or maintained on that portion of the building in which the required side yard has been reduced to zero feet;

3. The aggregate side yard(s) is provided on the lot according to the applicable residential district regulations; and

4. An access and maintenance easement shall be recorded which provides for the continual maintenance of the lot. Buildings and structures along the side yard which has been reduced to zero feet.

1. All construction projects which are to become part of the town’s system, to be operated and maintained by the town, shall conform to the town’s design and construction standards.

(5) General requirements for project open space.

(a) The amount of permanent open space created by the development of the tract as an open space subdivision shall be:

1. Preserved in its naturally occurring state;

2. Developed only to the extent required to provide for:

a. The passive recreational activities of walking, biking, hiking, picnicking;

b. Developed and maintained as landscape features including, but not limited to, common areas, landscape easements and boulevard entry ways; or

c. Other recreational or amenity features approved by the Plan Commission.

3. Developed into an active recreational area; and

(b) The development of such open space shall be subject to the following additional requirements.

1. The open space shall be equivalent to or more than the total reduction in lot area. At least 75% of the total amount of open space shall consist of land areas which are at least 50 feet wide.

2. The open space created by the development of the tract as a open space subdivision shall further be provided in such a manner that it is accessible:

a. To residents of the open space subdivision and their guests, by way of sidewalk, footpath or combined walkway/bikeway; and

b. For maintenance.

(6) Procedures for open space subdivision approval plan documentation and supporting information.

(a) Plans. Prior to applying for primary plat approval, the petitioner shall submit two plans for the tract proposed for a open space subdivision for review by the Building Commissioner.

(b) Building Commissioner review.

1. The Building Commissioner shall compare the two plans noted above to determine the appropriateness of the open space subdivision layout for the tract. In determining the appropriateness of the open space subdivision’s layout, the Building Commissioner shall look for the following attributes:

a. Protection of unique topographical features on the tract, including, but not limited to: slopes, streams, wooded areas and other natural features;

b. Protection and preservation of wooded areas, individual trees of significant size, wetlands or other environmentally sensitive features;

c. Development of common open space and recreational areas accessible to residents of the open space subdivision including provisions for walkways and bikeways;

d. More efficient use of land;

e. Innovative residential environments;

g. Relationship to surrounding properties, improvement of the view from and of buildings; and

h. Minimization of the land area devoted to motor vehicle access shall be encouraged through the arrangement and location of individual lots, streets and buildings.

(d) Findings.

a. The use or value of area properties shall not be adversely affected;

b. The proposed development shall be in compliance with the applicable general requirements for open space;

c. The proposed development is appropriate to the site and its surroundings; and

d. The proposed development is consistent with the intent and purpose of this chapter.

(e) Existing perimeter street lots.

(f) Vistas. Backyard vistas from internal streets shall be broken up by open space landscape areas along internal street frontage(s) where affected by such view.

(7) General regulations. See general regulations for R districts.

(Ord. 2000-16, passed 8-28-2000, § 2.8; Ord. 2007-01, passed 1-8-2007; Ord. 2017-17, passed 12-4-2017; Ord. 2020-01, passed 1-6-2020)

§ 194.048 URBAN R-SF-3: URBAN SINGLE-FAMILY RESIDENTIAL DISTRICTS.

(B) Permitted uses.

(1) Primary uses.

(a) One single-family dwelling, including a modular home dwelling and a manufactured home dwelling;

(b) Residential facility for the developmentally disabled;

(d) Child care home (that is used as the primary residence of the person who operates the child care home).

(3) Accessory uses. See § 194.095 of this chapter.

(4) Home occupations. See § 194.097 of this chapter.

(5) Temporary uses. See § 194.096 of this chapter.

(1) Water and sewer requirements. Attachment to public water and sanitary sewer facilities shall be mandatory for all development in this district.

(2) Minimum lot area. The minimum lot area shall be not less than 15,000 square feet.

(3) Minimum lot width. The minimum lot width at the building setback line shall be not less than 80 feet.

(4) Minimum lot frontage. 40 feet on a public street and gain direct access from said public street or an abutting alley.

(5) Maximum lot coverage, primary or special exception uses and accessory uses. 25% of the total lot area.

(6) Minimum yards and building setbacks.

(a) Front:

1. A minimum front yard and building setback measured from the proposed right-of- way shall be provided as follows:

a. Secondary arterial street: 35 feet; and

b. Collector/local street, cul-de-sac or other street: 35 feet.

(b) Side: a minimum aggregate and individual side yard shall be provided along all side lot lines as follows: primary arterial street: 35 feet:

1. Aggregate side yards of 20 feet; and

2. No side yard shall be less than seven feet.

1. Primary building: 20 feet; and

2. Accessory building or use: five feet.

(7) Maximum building height.

(a) Primary building: 35 feet and not over three stories; and

(b) Accessory building: 22 feet, but in no case shall the height of an accessory building exceed the height of the primary building.

(8) Minimum main floor area. The minimum main floor area of the primary building, exclusive of garage, carport, deck, patio and open porches:

(a) One-story building: 1,200 square feet; and

(b) Building greater than one-story: 800 square feet; provided that, the total finished floor area shall be at least 1,200 square feet.

(9) Off-street parking. See § 194.105 of this chapter.

(10) Signs. See §§ 194.160 through 194.169 of this chapter.

(11) Vision clearance areas. See § 194.021 of this chapter.

(Ord. 2000-16, passed 8-28-2000, § 2.9)

§ 194.049 URBAN R-SF-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS.

(1) Primary uses.

(a) One single-family dwelling, including a modular home dwelling and a manufactured home dwelling;

(b) Residential facility for the developmentally disabled;

(d) Child care home (that is used as the primary residence of the person who operates the child care home).

(3) Accessory uses. See § 194.095 of this chapter.

(4) Home occupations. See § 194.097 of this chapter.

(5) Temporary uses. See § 194.096 of this chapter.

(D) Development standards.

(2) Minimum lot area. The minimum lot area shall be not less than 10,000 square feet.

(3) Minimum lot width. The minimum lot width at the building setback line shall be not less than 70 feet.

(4) Minimum lot frontage. 35 feet on a public street and gain direct access from said public street or an abutting alley.

(5) Maximum lot coverage, primary or special exception uses and accessory uses. 30% of the total lot area.

(6) Minimum yards and building setbacks.

(a) Front:

1. A minimum front yard and building setback measured from the proposed right-of-way shall be provided as follows:

a. Primary arterial street: 35 feet;

b. Secondary arterial street: 35 feet; and

c. Collector/local street/cul-de-sac or other street: 35 feet.

(b) Side: a minimum aggregate and individual side yard shall be provided along all side lot lines follows:

1. Aggregate side yards of 16 feet; and

2. No side yard shall be less than six feet.

1. Primary building: 20 feet; and

2. Accessory building or use: five feet.

(7) Maximum building height.

(a) Primary building: 35 feet and not over three stories; and

(b) Accessory building: 22 feet, but in no case shall the height of an accessory building exceed the height of the primary building.

(8) Minimum main floor area. The minimum main floor area of the primary building, exclusive of garage, carport, deck, patio and open porches:

(a) One-story building: 900 square feet; and

(b) Building greater than one-story: 660 square feet; provided that, the total finished floor area shall be at least 900 square feet.

(9) Off-street parking. See § 194.105 of this chapter.

(10) Signs. See §§ 194.160 through 194.169 of this chapter.

(11) Vision clearance areas. See general regulations for R districts.

(Ord. 2000-16, passed 8-28-2000, § 2.10)

§ 194.050 URBAN R-MF-1: MULTI-FAMILY RESIDENTIAL DISTRICTS.

(B) Permitted uses.

(1) Primary uses.

(a) Multi-family dwellings;

(b) Residential facility for the developmentally disabled;

(d) Child care home (that is used as the primary residence of the person who operates the child care home).

(2) Special exception uses. Mobile dwelling park.

(3) Accessory uses. See § 194.095 of this chapter.

(4) Home occupations. See § 194.097 of this chapter.

(5) Temporary uses. See § 194.096 of this chapter.

(C) Development standards. Except mobile dwelling parks. All uses permitted in the R-MF-1 District shall conform to the following development standards.

(1) Maximum project gross density. Nine dwelling units per acre.

(2) Attachment to public water and sanitary sewer facilities. Shall be mandatory for development in this district.

(3) Minimum project area. There shall be no required minimum project area other than the land area necessary to provide for the development standards of this section.

(4) Minimum project frontage. 150 feet on a public street and gain access from said public street.

(5) Minimum setbacks and perimeter yard requirements. A minimum setback and perimeter yard shall be provided along all property lines of the project as follows:

(a) Front:

1. A minimum front yard and building setback measured from the proposed right-of-way shall be provided as follows:

a. Primary arterial street: 35 feet;

b. Secondary arterial street: 35 feet; and

c. Collector/local street/cul-de-sac or other street: 35 feet.

(b) Side yards: 25 feet; and

(a) May include pedestrian walks, driveways, interior access driveways, flag poles, fences, screening wall and similar appurtenant structures; and

(b) Shall not include parking areas or interior access drives.

(7) Minimum interior yards. In projects containing two or more buildings, interior yards shall be provided as follows.

(a) Around buildings containing dwelling units, the greater of 15 feet or ten feet, plus one additional foot for each ten feet of aggregate length of any wall of a building.

(b) Around accessory buildings or uses: five feet.

(d) Interior yards shall be measured perpendicular to the building or structure at all points.

(e) Interior yards shall not overlap any required perimeter yards. Lakes, ponds or other water bodies, shall not be included in the calculation and measurement of an interior yard.

(9) Maximum building height.

(a) Primary building: 35 feet, but not to exceed three stories containing a dwelling unit; and

(b) Accessory buildings: 25 feet.

(10) Minimum floor area. The minimum floor area each multi-family dwelling unit, exclusive of garage, carport, deck, patio and open parches shall be:

(a) One thousand two hundred square feet for dwelling units located on one story; and

(b) Six hundred square feet per floor for dwelling units located on more than one floor.

(11) Off-street parking. See § 194.105 of this chapter.

(12) Signs. See §§ 194.160 through 194.169 of this chapter.

(13) Vision clearance areas. See § 194.021 of this chapter.

(14) Landscaping and screening requirements. See § 194.109 of this chapter.

(D) Development standards, mobile dwelling parks. Mobile dwelling parks shall comply with the following development standards.

(1) Project area.

(a) Minimum area: ten acres;

(b) Maximum area: 40 acres; and

(c) Attachment to public water and sanitary sewer facilities: shall be mandatory for development of a mobile dwelling park.

(3) Minimum setbacks and perimeter yard requirements. A minimum building setback and perimeter yard shall be provided along all property lines of the project as follows: Front:

(a) A minimum front perimeter yard and building setback measured from the right-of-way shall be provided as follows:

1. Primary arterial street: 60 feet;

2. Secondary arterial street: 40 feet; and

3. Local street/cul-de-sac street: 30 feet.

(b) Minimum side perimeter yards and building setbacks: 30 feet; and

(5) Mobile dwelling placement.

(a) Each mobile dwelling shall be located on an individual mobile dwelling site.

(b) Minimum mobile dwelling site area:

1. Single wide units: 4,000 square feet; and

2. Double (or greater) wide units: 5,000 square feet.

(d) A minimum distance of 50 feet shall be provided between any mobile dwelling and any non-mobile dwelling within the mobile dwelling park.

(e) A minimum distance of 25 feet shall be provided between all mobile dwellings at their closest point to each other.

(6) Minimum recreational and open space areas.

(7) Off-street parking. See § 194.098 of this chapter.

(9) Paved stands. All mobile dwellings sites shall be improved as follows.

(a) Concrete runners, concrete pillars or a paved stand shall be provided to accommodate each mobile dwelling.

(11) Maximum building height.

(a) All mobile dwellings, accessory buildings or structures: 25 feet; and

(b) All management offices, common recreation and service buildings: 35 feet.

(12) Streets and sidewalks.

(a) Public streets, private streets, interior access drives, driveways and off-street parking areas shall be provided in accordance with § 194.108 of this chapter.

(b) Sidewalks shall be installed within each park in accordance with the following.

1. Sidewalks are required to be installed on one side of a street with an improved width of 20 feet or less and on both sides of a street with an improved width of greater than 20 feet.

2. All sidewalks shall be hard surfaced, shall have a width of no less than four feet, and shall have a thickness of no less than four inches.

(13) Signs. See §§ 194.160 through 194.169 of this chapter.

(14) Vision clearance areas. See § 194.021 of this chapter.

(F) General regulations. See general regulations for R districts.

(Ord. 2000-16, passed 8-28-2000, § 2.11)

§ 194.051 URBAN R-MF-2: MULTI-FAMILY RESIDENTIAL DISTRICTS.

(B) Permitted uses.

(1) Primary uses.

(a) Multi-family dwellings;

(b) Residential facility for the developmentally disabled;

(d) Child care home (that is used as the primary residence of the person who operates the child care home).

(2) Special exception uses. Mobile dwelling park.

(3) Accessory uses. See § 194.095 of this chapter.

(4) Home occupations. See § 194.097 of this chapter.

(5) Temporary uses. See § 194.096 of this chapter.

(C) Development standards, except mobile dwelling parks. All uses permitted in the R-MF-2 District shall conform to the following development standards.

(1) Maximum project gross density. 15 dwelling units per acre.

(2) Attachment to public water and sanitary sewer facilities. Shall be mandatory for development in this district.

(3) Minimum project area. There shall be no required minimum project area other than the land area necessary to provide for the development standards of this section.

(4) Minimum project frontage. 150 feet on a public street and gain access from said public street.

(5) Minimum setbacks and perimeter yard requirements. A minimum setback and perimeter yard shall be provided along all property lines of the project as follows:

(a) Front: a minimum front yard and building setback measured from the proposed right-of-way shall be provided as follows:

1. Primary arterial street: 35 feet;

2. Secondary arterial street: 35 feet; and

3. Collector/local street/cul-de-sac or other street: 25 feet.

(b) Side yards: 25 feet; and

(a) May include pedestrian walks, driveways, interior access driveways, flag poles, fences, screening wall and similar appurtenant structures; and

(b) Shall not include parking areas or interior access drives.

(7) Minimum interior yards. In projects containing two or more buildings, interior yards shall be provided as follows:

(a) Around buildings containing dwelling units: ten feet, plus one additional foot for each ten feet of aggregate length of any wall of a building;

(b) Around accessory buildings or uses: five feet;

(d) Interior yards shall be measured perpendicular to the building or structure at all points; and

(e) Interior yards shall not overlap any required perimeter yards. Lakes, ponds or other waterbodies shall not be included in the calculation and measurement of an interior yard.

(9) Maximum building height.

(a) Primary building: 35 feet, but not to exceed three stories containing a dwelling unit; and

(b) Accessory buildings: 25 feet.

(10) Minimum floor area. The minimum floor area of each multi-family dwelling unit, exclusive of garage, carport, deck, patio and open porches shall be:

(a) Seven hundred twenty square feet for dwelling units located on one story; and

(b) Five hundred square feet per floor for dwelling units located on more than one floor.

(11) Off-street parking. See § 194.105 of this chapter.

(12) Signs. See §§ 194.160 through 194.169 of this chapter.

(13) Vision clearance areas. See § 194.021 of this chapter.

(14) Landscaping and screening requirements. See § 194.109 of this chapter.

(15) Developed recreational open space requirements.

(b) If the project is located adjacent to any portion of the greenway plan as set forth in the Comprehensive Plan, a direct linkage to such greenway from the open space shall be provided.

(D) Development standards, mobile dwelling parks. Mobile dwelling parks shall comply with the following development standards:

(1) Project area.

(a) Minimum area: ten acres; and

(b) Maximum area: 40 acres.

(2) Attachment to public water and sanitary sewer facilities. Shall be mandatory for development of a mobile dwelling park.

(4) Minimum setbacks and perimeter yard requirements. A minimum building setback and perimeter yard shall be provided along all property lines of the project as follows:

(a) Front: a minimum front perimeter yard and building setback measured from the right-of-way shall be provided as follows:

1. Primary arterial street: 60 feet;

2. Secondary arterial street: 40 feet; and

3. Local street/cul-de-sac street: 30 feet.

(b) Minimum side perimeter yards and building setbacks: 30 feet; and

(6) Mobile dwelling placement.

(a) Each mobile dwelling shall be located on an individual mobile dwelling site.

(b) Minimum mobile dwelling site area:

1. Single wide units: 4,000 square feet; and

2. Double (or greater) wide units: 5,000 square feet.

(d) A minimum distance of 50 feet shall be provided between any mobile dwelling and any non-mobile dwelling within the mobile dwelling park.

(e) A minimum distance of 25 feet shall be provided between all mobile dwellings at their closest point to each other.

(7) Minimum recreational and open space areas.

(8) Off-street parking. See § 194.105 of this chapter.

(10) Paved stands. All mobile dwellings sites shall be improved as follows.

(a) Concrete runners, concrete pillars or a paved stand shall be provided to accommodate each mobile dwelling.

(12) Maximum building height.

(a) All mobile dwellings, accessory buildings or structures: 25 feet; and

(b) All management offices, common recreation and service buildings: 35 feet.

(13) Streets and sidewalks.

(a) Public streets, private streets, interior access drives, driveways and off-street parking areas shall be provided in accordance with § 194.108 of this chapter.

(b) Sidewalks shall be installed within each park in accordance with the following:

1. Sidewalks are required to be installed on one side of a street with an improved width of 20 feet or less and on both sides of a street with an improved width of greater than 20 feet.

2. All sidewalks shall be hard surfaced, shall have a width of no less than four feet, and shall have a thickness of no less than four inches.

(14) Signs. See §§ 194.160 through 194.169 of this chapter.

(15) Vision clearance areas. See § 194.021 of this chapter.

(F) General regulations. See general regulations for R districts.

(Ord. 2000-16, passed 8-28-2000, § 2.12)

§ 194.052 URBAN R-V: VILLAGE RESIDENTIAL DISTRICTS.

(B) Permitted uses.

(1) Primary uses.

(a) Single-family dwelling, including a modular home dwelling and a manufactured home dwelling;

(b) Residential facility for the developmentally disabled;

(d) Child care home (that is used as the primary residence of the person who operates the child care home).

(2) Special exception uses. Subject to the provisions of § 194.202 of this chapter:

(a) Two-family dwelling; and

(b) Religious use.

(3) Accessory uses. See § 194.095 of this chapter.

(4) Home occupations. See § 194.097 of this chapter.

(5) Temporary uses. See § 194.096 of this chapter.

(1) Minimum lot area. 8,000 square feet. Attachment to public water and sanitary sewer facilities shall be mandatory for development in this district.

(2) Minimum lot width. 50 feet.

(3) Minimum lot frontage. 50 feet on a public street and gain direct access from said public street or an abutting alley.

(4) Maximum lot coverage; primary or special exception uses and accessory uses. 35% of the lot. See § 194.095 Urban Accessory Uses for additional information.

(5) Minimum yards and building setbacks.

(a) Front:

1. A minimum front yard and building setback measured from the existing right-of-way shall be provided as follows:

a. Primary arterial street: 30 feet;

b. Secondary arterial street: 30 feet; and

c. Collector/local street/cul-de-sac or other street: 20 feet.

(b) Side:

2. See also § 194.020 of this chapter.

(d) Rear:

1. A minimum rear yard shall be provided along all rear lot lines as follows:

a. Primary building: 20 feet; and

b. Accessory building: five feet.

2. See also § 194.020 of this chapter.

(6) Maximum building height.

(a) Primary building: 35 feet and not over three stories; and

(b) Accessory building: 22 feet, but in no case shall the height of an accessory building exceed that of the primary building.

(7) Minimum main floor area. The minimum main floor area of the primary building, exclusive of garage, carport, deck, patio and open porches:

(a) One-story building: 900 square feet per dwelling unit; and

(b) Two- or more story building: 650 square feet per dwelling unit; provided that, the total finished floor area shall be at least 900 square feet.

(8) Off-street parking. See § 194.105 of this chapter.

(9) Signs. See §§ 194.160 through 194.169 of this chapter.

(10) Vision clearance areas. See § 194.021 of this chapter.

(D) General regulations. See general regulations for R districts.

(Ord. 2000-16, passed 8-28-2000, § 2.13; Ord. 2017-17, passed 12-4-2017)

§ 194.053 RURAL R-1: RURAL SINGLE-FAMILY RESIDENTIAL.

(B) Tables. Please refer to the Rural Zoning District Tables:

(1) Table 1: Land Use Districts;

(2) Table 2: Authorized Uses;

(3) Table 3: Residential Uses and Requirements, Single-Family;

(4) Table 4: Residential Uses and Requirements, Two-Family and Multi-Family Dwellings;

(5) Table 5: Residential Uses and Requirements Mobile Home Parks Established after 1-1-1999; and

(6) Table 6: Commercial, Industrial and Other Non-Residential Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.14)

§ 194.054 RURAL R-2: RURAL SINGLE- AND TWO-FAMILY RESIDENTIAL.

(B) Tables. Please refer to the Rural Zoning District Tables:

(1) Table 1: Land Use Districts;

(2) Table 2: Authorized Uses;

(3) Table 3: Residential Uses and Requirements, Single-Family;

(4) Table 4: Residential Uses and Requirements, Two-Family and Multi-Family Dwellings;

(5) Table 5: Residential Uses and Requirements Mobile Home Parks Established after 1-1-1999; and

(6) Table 6: Commercial, Industrial and Other Non-Residential Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.15)

§ 194.055 RURAL R-3: RURAL SINGLE- AND TWO-FAMILY RESIDENTIAL.

(B) Tables. Please refer to the Rural Zoning District Tables:

(1) Table 1: Land Use Districts;

(2) Table 2: Authorized Uses;

(3) Table 3: Residential Uses and Requirements, Single-Family;

(4) Table 4: Residential Uses and Requirements, Two-Family and Multi-Family Dwellings;

(5) Table 5: Residential Uses and Requirements Mobile Home Parks Established after 1-1-1999; and

(6) Table 6: Commercial, Industrial and Other Non-Residential Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.16)

§ 194.056 RURAL R-4: RURAL SINGLE- AND TWO-FAMILY RESIDENTIAL.

(B) Tables. Please refer to the Rural Zoning District Tables:

(1) Table 1: Land Use Districts;

(2) Table 2: Authorized Uses;

(3) Table 3: Residential Uses and Requirements, Single-Family;

(4) Table 4: Residential Uses and Requirements, Two-Family and Multi-Family Dwellings;

(5) Table 5: Residential Uses and Requirements Mobile Home Parks Established after 1-1-1999; and

(6) Table 6: Commercial, Industrial and Other Non-Residential Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.17)

§ 194.057 RURAL MF: RURAL MULTI-FAMILY RESIDENTIAL.

(B) Tables. Please refer to the Rural Zoning District Tables:

(1) Table 1: Land Use Districts;

(2) Table 2: Authorized Uses;

(3) Table 3: Residential Uses and Requirements, Single-Family;

(4) Table 4: Residential Uses and Requirements, Two-Family and Multi-Family Dwellings;

(5) Table 5: Residential Uses and Requirements Mobile Home Parks Established after 1-1-1999; and

(6) Table 6: Commercial, Industrial and Other Non-Residential Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.18)

§ 194.058 URBAN B-O: OFFICE BUSINESS DISTRICT.

(B) Permitted uses.

(1) Primary uses.

(a) Communication/utilities: telephone exchange;

(b) Miscellaneous: clinic, medical, dental or optometrists;

1. Child care center;

2. Day nursery;

3. Nursery school;

4. Kindergarten; and

5. School-commercial, trade or business.

(d) Office: any type;

(e) Professional services:

1. Automated teller machines/ATMs (excluding freestanding machines);

2. Bank/savings and loan;

3. Credit union;

4. Designer services;

5. Musician or artist studio;

6. Photographic studio; and

7. Travel agency.

(f) Government use:

1. Governmental services (excluding police or fire station); and

2. Post office (without storage of delivery vehicles).

(g) Semi-public facilities:

1. Museum; and

2. Religious use.

(2) Special exception uses.

(a) Communication/utilities: public wells;

(b) Public facilities:

1. Community center; and

2. Parking garage.

1. Drive-through customer service units; and

2. Freestanding automated teller machines/ATMs.

(d) Residential:

1. Assisted-living facility;

2. Nursing home; and

3. Convalescent home.

(a) Cafeteria/restaurant (serving only employees and guests of the primary use);

(b) Drug store/pharmacy;

(d) Office supplies; and

(e) Photocopying and duplicating services. These additional accessory uses shall:

1. Have a total gross floor area which does not exceed 10% of the total gross floor area of the primary building in which the use is located;

2. Be for the primary purpose observing the occupants, employees or guests of the primary use; and

3. Not be permitted any exterior freestanding or building identification signs.

(4) Temporary uses. See § 194.096 of this chapter.

(1) Water and sewer requirements. Attachment to public water and sanitary sewer facilities shall be mandatory for development in this district.

(2) Minimum lot width and frontage. Each lot or integrated center shall have a minimum lot width and frontage on a street of 50 feet.

(3) Yards and setbacks.

(a) Front:

1. A minimum front yard and building setback measured from the proposed right-of-way shall be provided as follows:

Street Classification	Front Yard	Front Bufferyard
Limited access street	30 feet	30 feet
Any other street	10 feet	20 feet

(b) Minimum side and rear yard and setback shall be provided from the lot line as follows:

1. Minimum side yard: ten feet;

2. Minimum side bufferyard: 25 feet;

3. Minimum rear yard: ten feet; and

4. Minimum rear bufferyard: 25 feet.

(5) Maximum building height. 45 feet.

(6) Off-street parking. See § 194.105 of this chapter.

(7) Off-street loading. See § 194.106 of this chapter.

(8) Signs. See §§ 194.160 through 194.169 of this chapter.

(9) Vision clearance areas. See § 194.021 of this chapter.

(10) Landscaping and screening requirements. See § 194.109 of this chapter.

(a) Be completely screened on all four sides with a solid-walled or opaque fenced enclosure with gate not less than six feet or greater than eight feet in height above grade;

(b) Be located behind the established front building line; and

(1) Architectural design requirements.

(b) Building materials.

1. Exposed foundations shall be constructed of one or more of the following;

a. Brick in a color historically consistent with the selected architectural style;

b. Stone (limestone, granite, fieldstone and the like); and

c. Architectural pre-cast concrete, if surface looks like brick or stone.

2. Facade walls shall be constructed of any combination of:

a. Stone;

b. Clapboard siding;

c. Brick in a color historically consistent with the selected architectural style;

d. Beaded siding; or

2. Shed roofs. Shed roofs are permitted only when the ridge is attached to an exterior wall of a building, with pitches ranging from 4:12 to 14:12.

(2) Lighting requirements. See § 194.113.

(3) Building orientation. Rear building facades shall not face a public street. No loading spaces shall be permitted to face a street.

(Ord. 2000-16, passed 8-28-2000, § 2.19; Ord. 2008-15, passed 8-4-2008; Ord. 2016-04, passed 4-5-2016)

§ 194.059 URBAN B-1: URBAN NEIGHBORHOOD BUSINESS.

(B) Permitted uses.

(1) Primary uses.

(a) Child care center;

(b) Personal service:

1. Barber or beauty shop;

2. Health spa; fitness center; or tanning salon; and

3. Locksmith.

1. Dressmaking; dry cleaning and laundry establishment (including self-service);

2. Millinery or fabric shop; and

3. Shoe repair shop; tailor and pressing shop.

(d) Communication/utilities: telephone exchange;

(e) Semi-public facilities:

1. Community center; and

2. Religious use.

(f) Retail:

1. Antique shop;

2. Apparel shop;

3. Appliance store;

4. Art gallery;

5. Arts and crafts store;

6. Book store;

7. Card shop; camera store; clock shop;

8. Coin or stamp shop;

9. Computer store;

10. Department store;

11. Drug store;

12. Fabric store;

13. Flower shop/florist;

14. Frame shop;

15. Furniture store;

16. Gift shop;

17. Hardware store;

18. Hobby, toy or game shop;

19. Jewelry store;

20. Music shop; and

21. News dealer.

(g) Retail food sales and service:

1. Bakery; candy store;

2. Convenience store (no gasoline sales);

3. Dairy bar/ice cream store/yogurt store;

4. Delicatessen;

5. Grocery;

6. Meat market; and

7. Restaurant (drive-through service units prohibited).

(h) Miscellaneous:

1. Clinic: medical, dental;

2. Chiropractic or optometrists; and

3. Bed and breakfast.

(i) Office, any type; and

(j) Professional services:

1. Bank/savings and loan/credit union, including bank machines (drive-through service units and freestanding automated teller machines/ATMs prohibited);

2. Photographic studio;

3. Travel agency;

4. Pet shop;

5. Shoe store;

6. Stationery and book store; and

7. Video tape rental or sales.

(2) Special exception uses.

(a) Communication/utilities:

1. Public utility substation; and

2. Public wells.

(b) Miscellaneous:

1. Print shop;

2. Drive-through customer service units; and

3. Freestanding automated teller machines (ATMs).

1. Roadside food sales stand;

2. Liquor store; and

3. Tavern/bar.

(d) Public facilities: neighborhood recycling collection point;

(e) Governmental use:

1. Police or fire station; and

2. Post office.

(f) Recreation:

1. Arcade; dancing, aerobics, gymnastics studio; and

2. Lodge or private club recreation.

(3) Accessory uses. See § 194.095 of this chapter.

(4) Temporary uses. See § 194.096 of this chapter.

(1) Water and sanitary system requirements. Attachment to public water and sanitary sewer facilities shall be mandatory for development in this district.

(2) Minimum lot width and frontage. Each lot or integrated center shall have a minimum lot width and frontage on a public street of 50 feet.

(a) Front:

1. A minimum front yard and building setback measured from the proposed right of-way shall be provided as follows:

Street Classification	Front Yard	Front Bufferyard
Limited access street	30 feet	30 feet
Any other street	10 feet	20 feet

(b) Minimum side and rear yard and setback shall be provided from the lot line as follows:

1. Minimum side yard: zero feet;

2. Minimum side bufferyard: 25 feet;

3. Minimum rear yard: zero feet; and

4. Minimum rear bufferyard: 25 feet.

(5) Maximum building height. 35 feet and not to exceed three stories.

(7) Off-street parking. See § 194.105 of this chapter.

(8) Off-street loading. See § 194.106 of this chapter.

(9) Signs. See §§ 194.160 through 194.169 of this chapter.

(10) Vision clearance areas. See § 194.021 of this chapter.

(11) Landscaping and screening requirements. See § 194.109 of this chapter.

(a) Outdoor seating shall not be located between a building line and a bufferyard.

(b) Trash container(s) exceeding six cubic feet shall:

1. Be completely screened on all four sides with a solid-walled or opaque fenced stall with gate not less than six feet in height;

2. Be located behind the established front building line; and

3. Not be located within a required yard or bufferyard.

(1) Architectural design requirements.

(b) Building materials.

1. Exposed foundations shall be constructed of one or more of the following:

a. Brick in a color historically consistent with the selected architectural style;

b. Stone (limestone, granite, fieldstone and the like); or

c. Architectural pre-cast concrete, if surface looks like brick or stone.

2. Clapboard siding;

3. Brick in a color historically consistent with the selected architectural style;

4. Beaded siding; or

a. The primary building material shall be one of the following: brick, stone, clapboard or dryvit.

b. Facade walls shall be constructed of any combination of the following and shall constitute a minimum of 60% of the available wall area (exclusive of window and doors) of each applicable facade:

i. Stone;

ii. Brick;

iii. Stone;

iv. Clapboard; or

v. Dryvit.

2. Shed roofs. Shed roofs are permitted only when the ridge is attached to an exterior wall of a building, with pitches ranging from 4:12 to 14:12.

(2) Lighting requirements. See § 194.113.

(3) Building orientation. Rear building facades shall not face a public street. No loading spaces shall be permitted to face a street.

(Ord. 2000-16, passed 8-28-2000, § 2.20; Ord. 2016-04, passed 4-5-2016)

§ 194.060 URBAN B-2: URBAN GENERAL BUSINESS DISTRICT.

(B) Permitted uses.

(1) Primary uses.

(a) Any uses permitted in the B-1 District (except child care center);

(b) Professional services:

1. Print shop; and

2. Veterinary clinic/hospital (indoor boarding and runs).

1. Automobile repair, minor;

2. Automobile parts sales (new);

3. Automobile quick oil change facility;

4. Car wash (automated and self);

5. Gasoline service station;

6. Painting and customizing; and

7. Tire or muffler service center.

(d) Personal service:

1. Hotel;

2. Motel; and

3. Mortuary/funeral home.

(e) Public facilities:

1. Parking garages; and

2. Surface parking lots.

(f) Clothing service:

1. Costume shop; and

2. Tuxedo rental.

(g) Recreation:

1. Dancing, aerobics, gymnastics studio;

2. Banquet hall;

3. Billiard room;

4. Bowling alley;

5. Lodge or fraternal organization;

6. Miniature golf;

7. Night club (see division (D)(13) below);

8. Skating rink, ice or roller (indoor);

9. Tennis/racquet club (indoor); and

10. Theater (indoor).

(h) Food sales and service:

1. Convenience store (gasoline sales permitted) (see division (D)(13) below);

2. Restaurant (drive through service units permitted) (see division (D)(13) below); and

3. Tavern/bar (see division (D)(13) below).

(i) Governmental use:

1. Police or fire station; and

2. Post office.

(j) Retail:

1. Department store;

2. Home improvement store;

3. Liquor store (see division (C)(13) below);

4. Paint/w all covering/floor; covering store;

5. Radio, television, electronics;

6. Sales or service;

7. Sporting goods store; and

8. Tobacco store.

(k) Miscellaneous:

1. Bus station;

2. Hospital;

3. Rehabilitation center; and

4. Repair of electronics.

(2) Special exception uses.

(a) Communication/utilities: public utility substation;

(b) Retail:

1. Lumber yard; and

2. Satellite dish sales or service.

(d) Public facilities: neighborhood recycling collection point.

(3) Accessory uses. See § 194.095 of this chapter.

(4) Temporary uses. See § 194.096 of this chapter.

(1) Water and sanitary system requirements. Attachment to public water and sanitary sewer facilities shall be mandatory for development in this district.

(2) Minimum lot width and frontage. Each lot or integrated center shall have a minimum lot width and frontage on a public street of 50 feet.

(3) Yards and setbacks.

(a) Front:

1. A minimum front yard and building setback measured from the proposed right-of-way shall be provided as follows:

Street Classification	Front Yard Front	Front Bufferyard
Limited access street	30 feet	30 feet
Any other street	10 feet	30 feet

(b) Minimum side and rear yard and setback shall be provided from the lot line as follows:

1. Minimum side yard: zero feet;

2. Minimum side bufferyard: 30 feet;

3. Minimum rear yard: zero feet; and

4. Minimum rear bufferyard: 30 feet.

(5) Maximum building height. 45 feet.

(6) Off-street parking. See § 194.105 of this chapter.

(7) Off-street loading. See § 194.106 of this chapter.

(8) Requirements for drive-through, off-street stacking spaces. See § 194.108 of this chapter.

(9) Signs. See §§ 194.160 through 194.169 of this chapter.

(10) Vision clearance areas. See § 194.021 of this chapter.

(11) Landscaping and screening requirements. See § 194.109 of this chapter.

(a) Outdoor seating shall not be located between a building line and a bufferyard.

(b) Trash container(s) exceeding 36 cubic feet shall:

1. Be completely screened on all four sides with a solid-walled or opaque fenced enclosure with gate not less than six feet or greater than eight feet in height above grade;

2. Be located behind the established front building line; and

3. Not be located within a required yard or bufferyard yard.

(1) Architectural design requirements.

(b) Building materials.

1. Exposed foundations shall be constructed of one or more of the following:

a. Brick in a color historically consistent with the selected architectural style;

b. Stone (limestone, granite, fieldstone and the like); and

c. Architectural pre-cast concrete, if surface looks like brick or stone.

2. Facade walls shall be constructed of any combination of:

a. Stone;

b. Clapboard siding;

c. Brick in a color historically consistent with the selected architectural style;

d. Beaded siding; or

e. Dryvit. In order to create variation and interest in the built environment, all new buildings or building additions shall use the exterior building materials specified below. In addition, the exterior building material selection shall be supplemented by the use of multiple colors, textures (e.g., rough, smooth, striated and the like) or architectural elements (quions, pilasters, soldier courses, friezes, cornices, dentils and the like) on each facade. Two or three building materials (excluding glass in windows or doors and roofing material) shall be utilized for all facades visible from a street or alley. The primary building material shall be one of the following and shall constitute a minimum of 60% of the available wall area (exclusive of window and doors) of each applicable facade:

i. Brick;

ii. Stone;

iii. Clapboard; or

iv. Dryvit.

2. Shed roofs. Shed roofs are permitted only when the ridge is attached to an exterior wall of a Building, with pitches ranging from 4:12 to 14:12.

(2) Lighting requirements. See § 194.113.

(Ord. 2000-16, passed 8-28-2000, § 2.21; Ord. 2016-04, passed 4-5-2016)

§ 194.061 URBAN B-3: URBAN OUTDOOR BUSINESS.

(B) Permitted uses.

(1) Primary uses.

(a) Any use permitted in the B-2 District;

(b) Professional services: veterinary clinic/hospital (indoor or outdoor boarding or runs);

1. Automobile, truck or bus sales or service;

2. Automobile, truck or bus rental;

3. Automobile repair-major;

4. Automobile parts sales (new or used);

5. RV and camper sales or service;

6. Auto service center; and

7. Boat sales.

(d) Recreation:

1. Indoor or outdoor commercial;

2. Recreational enterprise, including, miniature golf, skating rink-ice or roller;

3. Tennis/racquet club; and

4. Theater.

(e) Food and sales service:

1. Farmers market; and

2. Roadside food sales stand.

(f) Retail:

1. Lumber yard; and

2. Satellite dish sales or service.

(g) Miscellaneous:

1. Self-storage (mini-) warehouses; and

2. Tool or equipment rental.

(2) Special exception uses.

(a) Communication/utilities:

1. Public utility substation; and

2. Public wells.

(b) Miscellaneous:

1. Contractor, any type; and

2. Manufactured home sales.

(d) Public facilities: neighborhood recycling collection point.

(3) Accessory uses. See § 194.095 of this chapter.

(4) Temporary uses. See § 194.096 of this chapter.

(1) Water and sanitary system requirements. Attachments to public water and sanitary sewer facilities shall be mandatory for development in this district.

(2) Minimum lot width and frontage. Each lot or integrated center shall have a minimum lot width and frontage on a public street if 50 feet.

(3) Yards and setbacks.

(a) Front:

1. A minimum front yard and building setback measured from the proposed right-of-way shall be provided as follows:

Street Classification	Front Yard	Front Bufferyard
Limited access street	30 feet	30 feet
Any other street	10 feet	30 feet

(b) Minimum side and rear yard and setback shall be provided from the lot line as follows:

1. Minimum side yard: zero feet;

2. Minimum side bufferyard: 40 feet;

3. Minimum rear yard: zero feet; and

4. Minimum rear bufferyard: 40 feet.

(b) Minimum side and rear bufferyards shall be landscaped with grass and shrubbery, trees or hedge, or in combination with other suitable ground cover materials and maintained in compliance with the requirements set forth in § 194.109 of this chapter.

(5) Maximum building height. 45 feet.

(6) Off-street parking. See § 194.105 of this chapter.

(7) Off-street loading. See § 194.106 of this chapter.

(8) Requirements for drive-through, off-street stacking spaces. See § 194.108 of this chapter.

(9) Signs. See §§ 194.160 through 194.169 of this chapter.

(10) Vision clearance areas. See § 194.021 of this chapter.

(11) Landscaping and screening requirements. See § 194.109 of this chapter.

(a) Outdoor display and sales areas shall:

1. Not be located between a building line and a bufferyard;

2. Not be located in any minimum yard or bufferyard, off-street parking area or off-street loading area;

3. Be of concrete, asphaltic pavement, brick, flagstone or comparable material maintained in good condition;

4. Be provided with bumper or wheel guards along the perimeter of any vehicular display area; and

5. Not interfere with walks, parking areas, loading areas, driveways, interior access driveways or interior access drives.

(b) Trash container(s) exceeding 36 cubic feet shall:

1. Be completely screened on all four sides with a solid-walled or opaque fenced enclosure with gate not less than six feet or greater than eight feet in height above grade;

2. Be located behind the established front building line; and

3. Not be located within a required yard or bufferyard.

(1) Architectural design requirements.

(b) Building materials.

1. Exposed foundations shall be constructed of one or more of the following:

a. Brick in a color historically consistent with the selected architectural style;

b. Stone (limestone, granite, fieldstone and the like); and

c. Architectural pre-cast concrete, if surface looks like brick or stone.

2. Facade walls shall be constructed of any combination of:

a. Stone;

b. Clapboard siding;

c. Brick in a color historically consistent with the selected architectural style;

d. Beaded siding; or

e. Dryvit. In order to create variation and interest in the built environment, all new buildings or building additions shall use the exterior building materials specified below. In addition, the exterior building material selection shall be supplemented by the use of multiple colors, textures (e.g., rough, smooth, striated and the like) or architectural elements (quions, pilasters, soldier courses, friezes, cornices, dentils and the like) on each facade. Two or three building materials (excluding glass in windows or doors and roofing material) shall be utilized for all facades visible from a street or alley. The primary building material shall be one of the following, and shall constitute a minimum of 60% of the available wall area (exclusive of window and doors) of each applicable facade:

i. Brick;

ii. Stone;

iii. Clapboard; or

iv. Dryvit.

2. Shed roofs. Shed roofs are permitted only when the ridge is attached to an exterior wall of a Building, with pitches ranging from 4:12 to 14:12.

(2) See § 194.113.

(3) Building orientation. Rear building facades shall not face a public street. No loading spaces shall be permitted to face a street.

(Ord. 2000-16, passed 8-28-2000, § 2.22; Ord. 2016-04, passed 4-5-2016)

§ 194.062 URBAN VBD: URBAN VILLAGE BUSINESS.

(A) Intent. The VBD (Village Business) District is composed of the downtown business center. The regulations are intended to:

(1) Be compatible with, and strengthen the existing character of, the historic downtown and its unique Main Street area; and

(2) Promote a concentrated business area which maximizes the use of properties, encourages pedestrian activity and discourages interruptions in the continuity of business frontages.

(B) Permitted uses.

(1) Primary uses drive. Through service units shall not be permitted for any uses noted below:

(a) Automotive: automobile sales, minor;

(b) Retail food sales and service:

1. Bakery;

2. Neighborhood market (no gasoline sales);

3. Dairy bar/ice cream store/yogurt store (retail sales);

4. Delicatessen;

5. Farmers market;

6. Grocery;

7. Meat market; and

8. Restaurant.

(d) Clothing service:

1. Costume rental;

2. Dressmaking;

3. Dry cleaning and laundry establishment;

4. Millinery shop (fabric shop);

5. Shoe repair shop; and

6. Tailor and pressing shop.

(e) Retail:

1. Antique shop;

2. Apparel shop;

3. Appliance store;

4. Art gallery;

5. Art and craft store;

6. Bicycle sales;

7. Camera store;

8. Card shop;

9. Clock shop;

10. Coin and stamp shop;

11. Computer store;

12. Department store;

13. Drug store;

14. Fabric store;

15. Flower shop;

16. Floor coverings;

17. Frame shop;

18. Furniture store;

19. Gift shop;

20. Hardware store;

21. Hobby, toy or game shop;

22. Home improvement store;

23. Jewelry store;

24. Music shop;

25. News dealer;

26. Paint/wall cover store;

27. Pet store;

28. Shoe store;

29. Sporting goods store;

30. Stationary and book store;

31. Tobacco store;

32. Variety store; and

33. Video tape rental or sales.

(f) Office/professional services:

1. Architect;

2. Artist;

3. Bank machines/automated teller machines (ATMs) (freestanding units not permitted);

4. Bank/savings and loan/credit union;

5. Consultant;

6. Dentist or physician;

7. Design services;

8. Engineer;

9. Insurance agent;

10. Lawyer;

11. Musician;

12. Pharmacist;

13. Photographic studio;

14. Professional offices;

15. Real estate office;

16. Service organization office; and

17. Travel agency.

(g) Personal service:

1. Barbershop;

2. Beauty shop;

3. Locksmith; and

4. Tanning salon.

(2) Special exception uses.

(a) Government use:

1. Governmental offices; and

2. Post office (without storage of delivery vehicles).

(b) Recreation:

1. Dancing, aerobics, gymnastics studio;

2. Lodge or fraternal organization; and

3. Social hall.

1. Community center;

2. Museum;

3. Park;

4. Parking garage;

5. Commercial parking lot (surface); and

6. Religious use.

(d) Miscellaneous:

1. Print shop;

2. Drive-through service unit;

3. Outdoor seating for restaurants, subject to the provisions of division (C)(14) below; and

4. Outdoor display of merchandise, subject to the provisions of division (C)(14) below.

(e) Retail:

1. Garden supply; and

2. Pet shop.

(f) Personal service:

1. Bed and breakfast; and

2. Health spa or fitness center.

(g) Liquor sales and service:

1. Liquor store; and

2. Tavern/bar.

(3) Accessory uses. See § 194.095 of this chapter.

(4) Temporary uses. See § 194.096 of this chapter.

(1) Water and sanitary system requirements. Attachment to public water and sanitary sewer facilities shall be mandatory for development in this district.

(2) Minimum lot width and frontage. Each lot shall have a minimum lot width and frontage on a public street of 40 feet and gain access from said public street or abutting alley.

(3) Maximum lot coverage. 100% of the lot area.

(4) Maximum gross floor area. No single use, whether freestanding or contained in an integrated center, shall exceed 5,000 square feet of floor area on the ground floor.

(5) Integrated center floor area. No integrated center shall exceed 15,000 square feet of floor area on the ground floor.

(6) Yards and setbacks.

(a) Minimum. Minimum front yard for any building or structure (except surface parking) shall be zero feet.

(b) Exceptions.

2. Minimum front yards required for surface parking lots.

(d) Accessory use. Parking lots shall not be permitted between a front building line and a front lot line.

(7) Awnings and canopies.

(a) Awnings and canopies may encroach over the sidewalk onto public right-of-way; provided:

3. The horizontal projection of any awning may extend to a point not closer than two feet from any street curb, pavement edge or edge of an interior access drive.

(b) Canopies.

1. The maximum width of any canopy shall be ten feet. (See Figure 4.)

2. The horizontal projection of any canopy may extend to a point not closer than two feet from any street curb, pavement edge or edge of an interior access drive. (See Figure 4.)

3. The outer column support shall be located in the outer one-third of the walk area. (See Figure 4.)

4. In no case shall the minimum distance between the entry and the column support be less than four feet.

6. Canopies shall not be spaced closer than 20 feet from each other, measured from centerline to centerline. (See Figure 4.)

(a) Minimum side yard: zero feet;

(b) Minimum side bufferyard: ten feet;

(d) Minimum rear bufferyard: ten feet.

(9) Building height.

(a) Primary structure:

1. Minimum height: 22 feet; and

(b) Accessory structure: 22 feet.

(10) Off-street parking. The total number of off-street parking spaces required for any use in the VBD District, calculated per the provisions of § 194.105 of this chapter, shall be reduced by 50%.

(11) Off-street loading. See § 194.105 of this chapter.

(12) Signs. See §§ 194.160 through 194.169 of this chapter.

(13) Vision clearance areas. The provisions of § 194.021 of this chapter shall not apply to the VBD District.

(14) Outdoor operations. Except for the following uses which may be conducted outdoors, all uses and operations in the VBD District shall be conducted completely within enclosed buildings:

(a) Off-street parking, off-street loading and delivery;

(b) Walk-up customer service windows or automated teller machines (ATMs); provided, they are not free standing and are set flush with the facade of the building;

1. Be completely screened on all four sides with a solid-walled or opaque fenced enclosure with gate not less than six feet, nor greater than eight feet in height above grade;

2. Be located behind the established front building line; and

3. Not be located within a required yard or bufferyard.

1. Shall not reduce the effective sidewalk width measured from the back the curb to less than five feet;

2. Shall be located against the building facade;

3. Shall not block access points to the business or the building;

4. Shall be permitted only along the business tenant bay or storefront facade;

5. Shall be permitted only during the hours of operation of the business and shall be removed at the close of each business day; and

6. Shall require an encroachment permit from the Building Commissioner.

(1) Architectural design requirements.

1. Exposed foundations shall be constructed of one or more of the following:

a. Brick in a color historically consistent with the selected architectural style;

b. Stone (limestone, granite, fieldstone and the like); or

c. Architectural concrete, if surface looks like brick or stone.

2. Facade walls shall be constructed of any combination of:

a. Stone;

b. Wood clapboard siding;

c. Brick in a color historically consistent with the selected architectural style; or

d. Wood beaded siding.

1. Pitched roofs. Roofs shall be simply and symmetrically pitched and only in the configuration of gables and hips, with pitches ranging from 4:12 to 14:12. Pitched roofs shall be clad in wood shingles, slate and composition asphalt shingle or standing-seam metal panels. Shingle or panel color shall be appropriate to the design of the building.

2. Shed roofs. Shed roofs are permitted only when the ridge is attached to an exterior wall of a Building, with pitches ranging from 4:12 to 14:12.

3. Flat roofs.

(g) Awnings, canopies.

2. Metal, plastic or aluminum awnings or canopies are prohibited.

(2) Lighting requirements. See § 194.113.

(Ord. 2000-16, passed 8-28-2000, § 2.23; Ord. 2016-04, passed 4-5-2016)

§ 194.063 RURAL LB: RURAL LOCAL BUSINESS.

(B) Tables. Please refer to the Rural Zoning District Tables:

(1) Table 1: Land Use Districts;

(2) Table 2: Authorized Uses;

(3) Table 3: Residential Uses and Requirements, Single-Family;

(4) Table 4: Residential Uses and Requirements, Two-Family and Multi-Family Dwellings;

(5) Table 5: Residential Uses and Requirements, Mobile Home Parks Established after 1-1-1999; and

(6) Table 6: Commercial, Industrial and Other Non-Residential Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.24)

§ 194.064 RURAL PB: RURAL PROFESSIONAL BUSINESS.

(B) Tables. Please refer to the Rural Zoning District Tables:

(1) Table 1: Land Use Districts;

(2) Table 2: Authorized Uses;

(3) Table 3: Residential Uses and Requirements, Single-Family;

(4) Table 4: Residential Uses and Requirements, Two-Family and Multi-Family Dwellings;

(5) Table 5: Residential Uses and Requirements, Mobile Home Parks Established after 1-1-1999; and

(6) Table 6: Commercial, Industrial and Other Non-Residential Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.25)

§ 194.065 RURAL UB: RURAL URBAN BUSINESS.

(B) Tables. Please refer to the Rural Zoning District Tables:

(1) Table 1: Land Use Districts;

(2) Table 2: Authorized Uses;

(3) Table 3: Residential Uses and Requirements, Single-Family;

(4) Table 4: Residential Uses and Requirements, Two-Family and Multi-Family Dwellings;

(5) Table 5: Residential Uses and Requirements, Mobile Home Parks Established after 1-1-1999; and

(6) Table 6: Commercial, Industrial and Other Non-Residential Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.26)

§ 194.066 RURAL GB: RURAL GENERAL BUSINESS.

(B) Tables. Please refer to the Rural Zoning District Tables:

(1) Table 1: Land Use Districts;

(2) Table 2: Authorized Uses;

(3) Table 3: Residential Uses and Requirements, Single-Family;

(4) Table 4: Residential Uses and Requirements, Two-Family and Multi-Family Dwellings;

(5) Table 5: Residential Uses and Requirements, Mobile Home Parks Established after 1-1-1999; and

(6) Table 6: Commercial, Industrial and Other Non-Residential Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.27)

§ 194.067 AB: RURAL ACCOMMODATION BUSINESS.

(B) Tables. Please refer to the Rural Zoning District Tables:

(1) Table 1: Land Use Districts;

(2) Table 2: Authorized Uses;

(3) Table 3: Residential Uses and Requirements, Single-Family;

(4) Table 4: Residential Uses and Requirements, Two-Family and Multi-Family Dwellings;

(5) Table 5: Residential Uses and Requirements, Mobile Home Parks Established after 1-1-1999; and

(6) Table 6: Commercial, Industrial and Other Non-Residential Requirements.

(Ord. 2000-16, passed 8-28-2000, § 2.28)

§ 194.068 URBAN I-ORT URBAN OFFICE/RESEARCH/TECHNOLOGY INDUSTRIAL.

(B) Permitted uses.

(1) Primary uses.

(a) Administrative:

1. Corporate headquarters; and

2. Offices any type (no ancillary public retail or service-commercial components).

(b) Education/support services:

1. School-commercial, trade or business; industrial training facility; and

2. Day care center.

1. Data processing/analysis;

2. Telecommunication tower; and

3. Telephone exchange.

(d) Educational use: school, commercial, trade or business; industrial training facility;

(e) Industrial uses, agri-science:

1. Agri-science, medical or dental laboratories, or research facilities;

2. Assembly of previously manufactured parts, subassemblies or components;

3. Distribution center (shall contain an office component occupying a minimum of 20% of the gross square footage of the building);

4. Engineering laboratories; flex-space;

5. Manufacture of, or light assembly or repair of previously manufactured parts for:

a. Appliances: light; portable; household;

b. Bicycles, motorcycles or parts; cabinets;

c. Carpets/rugs;

d. Clocks and watches;

e. Cloth products from finished cloth (i.e., apparel);

f. Communication equipment and assembly;

g. Computers, computer equipment;

h. Containers;

i. Cosmetics;

j. Electric hand tools;

k. Electric motors;

l. Electrical components and sub-assemblies;

m. Ice or dry ice;

n. Jewelry (including engraving);

o. Leather products from finished leather;

p. Light component parts of products;

q. Office equipment, including assembly;

r. Office machinery, electrical and mechanical;

s. Optical goods;

t. Paper box and paper products from finished paper;

u. Recording instruments;

v. Signs; and

w. Textiles.

6. Research laboratories or research and development center; and

7. Warehouse (shall contain an office component occupying a minimum of 20% of the gross square footage of the building).

(f) Miscellaneous:

1. Engraving (non-retail);

2. Mail order distribution;

3. Offices, in conjunction with a use permitted by this section;

4. Printing or publishing facility;

5. Upholstery; and

6. Wholesale business.

(2) Special exception uses.

(a) Governmental use; and

(b) Post office.

(3) Accessory uses. See § 194.095 of this chapter.

(4) Temporary uses. See § 194.096 of this chapter.

(1) Water and sanitary system requirements. Attachment to public water and sanitary sewer facilities shall be mandatory for development in this district.

(2) Minimum lot width and frontage. Each lot or industrial park shall have a minimum lot width and frontage of 100 feet on a public street.

(3) Yards and setbacks.

(a) Front:

1. A minimum front yard and building setback or front bufferyard, measured from the proposed right-of-way shall be provided as follows:

Street Classification	Front Yard	Front Bufferyard
Collector street	40 feet*	50 feet*
Limited access street	50 feet*	50 feet*
Local street/cul-de-sac street	40 feet*	50 feet*
Primary arterial street	50 feet*	50 feet*
Secondary arterial street	40 feet*	50 feet*
Other street	See division (F) below

(b) Minimum side and rear yard and setback shall be provided from the lot line as follows:

1. Minimum side yard: ten feet;

2. Minimum side bufferyard: 30 feet;

3. Minimum rear yard: ten feet; and

4. Minimum rear bufferyard: 30 feet.

(6) Off-street parking. See § 194.105 of this chapter.

(7) Off-street loading. See § 194.106 of this chapter.

(8) Signs. See §§ 194.160 through 194.169 of this chapter.

(9) Vision clearance areas. See § 194.021 of this chapter.

(10) Landscaping and screening requirements. See § 194.109 of this chapter.

(11) Outside storage and operations.

(a) Operations. All operations, servicing and processing (except off-street parking and off-street loading) shall be conducted within completely enclosed buildings.

(b) Storage. All storage of materials or products shall be within completely enclosed buildings or permanent structures.

(1) Architectural design.

1. Two or three building materials (excluding: glass in windows or doors; doors; and roofing material) shall be utilized for any facades visible from a street.

3. The primary building material shall constitute a minimum of 60% of the available wall area (exclusive of window and doors) of any facade visible from the street.

1. Pitched roofs. Roofs shall be simply and symmetrically pitched and only in the configuration of gables and hips, with pitches ranging from 4:12 to 14:12. Pitched roofs shall be clad in wood shingles. slate, composition asphalt shingle or standing-seam metal panels. Shingle or panel color shall be appropriate to the design of the Building.

2. Shed roofs. Shed roofs are permitted only when the ridge is attached to an exterior wall of a Building, with pitches ranging from 4:12 to 14:12.

(f) Awnings, canopies. In addition to the provisions of § 194.163 of this chapter, fixed or retractable awnings or canopies are permitted; provided they:

1. Complement the building’s architectural style, building materials, colors and details;

2. Do not conceal architectural features (such as cornices, columns, pilasters or decorative details);

3. Do not impair facade composition; and

4. Are designed as an integral part of the facade. Plastic awnings and canopies are prohibited.

(2) Lighting requirements. See § 194.113.

(3) Building orientation. Rear building facades shall not face a public street. No loading spaces shall be permitted to face a street.

(E) Waiver of development requirements.

(a) The building design represents an innovative use of building materials or design, or site design features which will not be detrimental to the use or value of area properties;

(b) The proposed building is appropriate when compared to the architecture, design and overall exterior character of other buildings on the site and surrounding sites;

(d) The proposed building is consistent with the intent and purpose of this chapter.

(b) The building materials utilized are appropriate when compared to the building materials utilized on other buildings on the site and surrounding sites;

(d) The building materials utilized are consistent with the intent and purpose of this chapter.

(F) Development incentives; front yard and front bufferyard reduction.

(2) Minimum front yard and bufferyard.

(a) The minimum front yard and front bufferyard may be reduced to a minimum of:

1. Front yards: 20 feet; and

2. Front bufferyards: 30 feet.

(b) Provided, however, that, the landscaping required for said yard shall be increased as follows:

1. Front yards: to Level A landscaping, per the landscaping requirements of § 194.109 of this chapter, Tables A, B and C;

2. Front bufferyards: to a Level C, per the landscaping requirements of § 194.109 of this chapter, Tables A, B and C.

(3) Findings. The Plan Commission may approve such required depth of front yard or front bufferyard reduction only upon finding that:

(b) The proposed development is appropriate to the site and its surroundings; and

(Ord. 2000-16, passed 8-28-2000, § 2.29; Ord. 2016-04, passed 4-5-2016)

§ 194.069 URBAN I-1: URBAN LIGHT INDUSTRIAL.

(B) Permitted uses.

(1) Primary uses.

(a) Administrative uses:

1. Corporate headquarters; and

2. Offices any type (no ancillary retail or service-commercial components).

(b) Agricultural uses:

1. Commercial greenhouse;

2. Cropland, orchards or animal husbandry;

3. Plant nursery; and

4. Accessory uses related thereto.

1. Data processing/analysis;

2. Telecommunication tower; and

3. Telephone exchange.

(d) Educational use:

1. School, commercial;

2. Trade or business; and

3. Industrial training facility.

(e) Food sales and service: wholesale produce terminal;

(f) Industrial uses:

1. Assembly of previously manufactured parts, sub-assemblies or components;

2. Distribution center;

3. Engineering laboratories;

4. Light assembly or repair of previously manufactured parts:

a. Appliances: light; portable; household;

b. Bicycles, motorcycles or parts;

c. Cabinets;

d. Carpets/rugs;

e. Clocks and watches;

f. Cloth products from finished cloth (i.e., apparel);

g. Communication equipment and assembly;

h. Computers, computer equipment;

i. Containers;

j. Cosmetics;

k. Electric hand tools;

l. Electric motors;

m. Electrical components and sub-assemblies;

n. Ice or dry ice;

o. Jewelry (including engraving);

p. Leather products from finished leather;

q. Light component parts of products;

r. Office equipment including assembly;

s. Office machinery, electrical and mechanical;

t. Optical goods;

u. Paper box and paper products from finished paper;

v. Recording instruments;

w. Signs; and

x. Textiles.

5. Research laboratories; and

6. Warehouse.

(g) Miscellaneous:

1. Dental laboratory;

2. Engraving (non-retail);

3. Mail order distribution;

4. Offices, in conjunction with a use permitted by this section;

5. Printing, publishing;

6. Upholstery; and

7. Business.

(h) Governmental use:

1. Fire station;

2. Police station; and

3. Post office.

(i) Miscellaneous:

1. Artificial lake; and

2. Self-storage (mini-) warehouse wholesale (not permitted within the U.S. Highway 421-Michigan Road Corridor Overlay District).

(2) Special exception uses.

(a) Communication/utilities:

1. Public utility substation; and

2. Public wells.

(b) Public facilities:

1. Recycling facility;

2. Resource recovery facility; and

3. Transfer station.

(3) Accessory uses. See § 194.095 of this chapter.

(4) Temporary uses. See § 194.096 of this chapter.

(1) Water and sanitary system requirements. Attachment to public water and sanitary sewer facilities shall be mandatory for development in this district.

(2) Minimum lot width and frontage. Each lot, integrated center or industrial park shall have a minimum lot width and frontage of 75 feet on a public street.

(3) Yards and setbacks.

(a) Front:

1. A minimum front yard and building setback measured from the proposed right-of-way shall be provided as follows:

Street Classification	Front Yard	Front Bufferyard
Collector street	40 feet*	50 feet*
Limited access street	50 feet*	50 feet*
Local street/cul-de-sac other street	40 feet*	50 feet*
Primary arterial street	50 feet*	50 feet*
Secondary arterial street	40 feet*	50 feet*
NOTES TO TABLE: * See division (F) below.