Zionsville City Zoning Code
SUPPLEMENTARY REGULATIONS
§ 194.095 URBAN ACCESSORY USES.
(A) Permitted accessory uses.
(1) Accessory uses shall be permitted in all zoning districts; provided, however, that, the primary use which is supported by the accessory use is a permitted use within the district to which a lot is zoned.
(2) Accessory uses shall not be permitted on a lot prior to the erection of the primary building.
(3) Accessory uses shall be customarily incidental, and subordinate to, and commonly associated with, the operation of the primary use of the lot.
(4) By way of example only, some typical accessory uses are: garages; carports; porches; decks; awnings; canopies; mini-barns; storage sheds; fences; patios; outdoor fireplaces; bathhouses; cabanas; children’s playhouses; swings; game courts, including tennis or basketball courts; parking areas; signs; swimming pools; hot tubs; radio sending and receiving antennas; satellite dish antennas;’ and storage buildings.
(B) Development standards for accessory uses.
(1) Accessory uses shall comply with all development standards of the applicable zoning district unless an exception is specifically provided for in § 194.019 of this chapter.
(2) Accessory uses shall not encroach upon any:
(a) Platted easement; or
(b) Recorded easements for, infrastructure, utilities or drainage, or for access to such infrastructure, utilities or drainage; unless specifically authorized by the terms of such platted easement or recorded easement, or by written consent of the agency in whose favor the easement is granted.
(3) Fences (including wood, chain link, solid, architectural screen, lattice-work or masonry):
(a) Maximum height above grade:
1. Shall not exceed 48 inches in a required front yard;
2. Shall not exceed six feet in a required side or rear yard;
3. Shall not exceed eight feet if located outside of the minimum required yards, but within the buildable area of a lot;
4. Fence posts may exceed the six-foot maximum height by one foot (see Figure 5, Diagram 1); and
5. Shall include in the height measurement any grade mounding, inconsistent with the ground level of the land surrounding the fence, which increases the height of the fence. (See Figure 5, Diagram 2.)
(b) Shall comply with all vision clearance area requirements of this chapter, § 194.021 of this chapter;
(c) Shall not contain barbed wire, razor wire and similar type wires as a part of the fence, except in the O-1 District, where it may be used only in conjunction with an agricultural use; and
(d) Shall not be electrified in any manner which could intentionally provide for an electrical shock if touched, except in the O-1 District, where it may be used only in conjunction with an agricultural use.
(C) Additional development standards for accessory uses in any R district. Accessory uses permitted in any R-SF-1, R-SF-2, R-SF-3, R-SF-4, R-MF-1, R-MF-2 and R-V District shall also comply with the following additional development standards.
(1) Accessory buildings.
(a) The total square foot area of all accessory buildings on a lot shall not exceed 50% of the finished floor area of the primary building. Exception: in the R-V District, a detached garage may exceed the 50% calculation above; provided that:
1. It is the only accessory building on the lot;
2. The maximum dimensions of the garage shall not exceed 24 feet by 30 feet; and
3. The total square footage of the garage is less than or equal to the finished floor area of the primary building.
(b) The total number of accessory buildings on a lot shall not exceed two accessory buildings.
(c) The minimum side yard requirements for accessory building shall comply with the minimum side yard setback requirements of the district in which it is located including aggregate.
(2) Swimming pools or hot tubs.
(a) A swimming pool or hot tub shall not be located between any front lot line and the established front building line.
(b) A swimming pool or hot tub shall not be located in any required side or rear yard.
(c) The swimming pool or hot tub shall be enclosed by either: a fence, which shall be adequate to prevent persons, children or animals from harm, and shall be equipped with a self closing. self-latching gate; or a safety pool cover complying with the provisions of I.A.C. 20-4-27(c). If a fence is utilized, such fence shall:
1. If erected at grade, be not less than five feet in height; or
2. If erected on the deck of an above ground pool or hot tub, not be less than 36 inches in height measured from the surface of the deck.
(d) No pool or hot tub shall be erected or constructed unless adequate distance from overhead electrical wires is provided in accordance with the National Safety Code and the National Electrical Code, current editions.
(e) Swimming pools or hot tubs, situated on a lot where the primary building is not occupied for periods of 30 consecutive days or more, shall be equipped with a cover adequate to prevent persons, children or animals from danger or harm.
(f) All swimming pools or hot tubs, including associated decking and aprons, shall be included in the calculation of maximum lot coverage.
(3) Patios, porches, gazebos and decks. Patios, porches, gazebos and decks shall comply with all maximum lot coverage, minimum yards and building setback, and maximum building height regulations of the applicable zoning district for primary buildings.
(a) Lot coverage credit. (Permitted in any R-SF-1, R-SF-2, and R-V District) A onetime credit of 2% additional lot coverage may be sought and utilized for at grade patio if constructed with approved pervious material (inclusive of gravel, decking, and pavers, and in no case exceeding a height greater than six inches from the natural grade established by the overall parcel).
(4) Satellite dish antennas.
(a) The regulations of this division (C)(4) shall apply to satellite dish antennas in all R districts which are greater than one meter (39.37 inches) in diameter. These regulations are intended to allow satellite dish antennas to be located in a manner that:
1. Does not unreasonably delay or prevent the installation, maintenance or use of the antenna;
2. Does not unreasonably increase the cost of installation, maintenance or use of the antenna; or
3. Preclude reception of an acceptable quality signal.
(b) The regulations of this division (C)(4) are intended to accomplish the following specific and clearly defined health, safety and aesthetic objectives:
1. To promote the public health and safety by providing criteria for the placement of satellite dish antennas greater than one meter (39.37 inches) in diameter which ensure that all such installations are performed in a manner which limits endangerment of life and property on the site and on surrounding properties if the antennas should collapse or are felled by ice or high winds; and
2. To ensure the aesthetic harmony of residential areas by providing for a harmonious streetscape, consistent with the Comprehensive Plan, uncluttered by non-residential structures, including guy wires, poles, masts, cables or other appurtenances which can create a visual blight offensive to those who reside, work or travel in the town.
(c) The following regulations are intended to meet the above objectives without unnecessarily burdening the federal interests in ensuring the availability of satellite services and in promoting fair and effective competition among competing communication service providers. In any R district, satellite dish antennas greater than one meter (39.37 inches) in diameter shall be permitted provided that:
1. If ground-mounted, satellite dish antennas shall:
a. Not be located in any required front, side or rear yard, or between the established front building line and the front lot line; and
b. Not exceed the maximum building height allowed for an accessory structure.
2. If roof-mounted, satellite dish antennas shall:
a. Not exceed the maximum building height limit allowed for a primary building;
b. Not extend beyond the horizontal limits of the roof area; and
c. Be installed in accordance with plans certified by a registered civil or structural engineer that the proposed installation complies with the standards listed in §§ 623.0 and 624.0 of the BOCA Basic Building Code. Furthermore, written documentation of such compliance, include load distribution within the building’s support structure shall be furnished.
(d) No requirement contained in this division (C)(4) shall be enforced to the extend it:
1. Unreasonably delays or prevents installation, maintenance or use of an antenna;
2. Unreasonably increases the cost of installation, maintenance or use of an antenna; or
3. Precludes reception of an acceptable quality signal by an antenna.
(D) Additional development standards for accessory uses in the R-MF-1, R-MF-2 and all commercial and industrial districts. No accessory use or structure shall be permitted in any required front, side or rear yard unless specifically authorized by the applicable zoning district regulations. In addition, the following accessory uses shall also comply with the following requirements.
(1) Trash containers exceeding 36 cubic feet shall:
(a) Be screened on all four sides within a solid-walled or opaque fenced enclosure with gate not less than six feet, nor greater than eight feet, in height above grade;
(b) Be located behind the front building line; and
(c) Not be located in any required yard or required bufferyard.
(2) Parking areas shall comply with the off-street parking regulations of § 194.108 of this chapter.
(3) Loading areas shall comply with the off-street loading regulations of § 194.109 of this chapter.
(5) Gasoline dispensers shall not be located within any required front, side or rear yard and shall be provided with adequate on-site maneuverability for both customer vehicles and supply vehicles (bulk delivery) so as to avoid any interference with through traffic on any public right-of-way.
(E) Underground facilities. Underground facilities, excluding utilities, shall not be located in or under any required front, side or rear yard. (See also § 194.017 of this chapter.)
(F) Game courts. Game courts shall not be located in any required front, side or rear yard, or between the established front building line and the front lot line. However, a basketball goal may be located in a driveway or interior access drive in any R district, so long as the game court for the basketball goal does not encroach into a public street.
(Ord. 2000-16, passed 8-28-2000, § 3.1; Ord. 2017-17, passed 12-4-2017; Ord. 2020-01, passed 1-6-2020)
§ 194.096 URBAN TEMPORARY USES, STRUCTURES AND BUILDINGS.
(A) Permits required. A temporary use, structure or building which is in compliance with the provisions of this section, shall be allowed in any district. A temporary use, structure or building which will be converted into a permanent primary or accessory use after the cessation of the temporary use shall be required to obtain an improvement location permit prior the establishment of the use or the construction of any structure or building. A temporary use, structure or building which will be removed from the site upon cessation of the temporary use shall be exempt from the requirements of this chapter to obtain an improvement location permit.
(B) Permitted temporary uses, structures and buildings. By way of example only, permitted temporary uses, structures and buildings include construction trailers, sales offices, model homes, garage sales and seasonal retail sales.
(C) Duration. Except for garage sales, seasonal retail sales, and mobile classrooms, a temporary use, structure or building shall be permitted for an initial period not to exceed one year, which may be renewed for an additional one-year period by the Building Commissioner upon showing of good cause.
(D) Compliance with development standards. Any temporary use, structure or building shall comply with all applicable development standards and setback requirements in the district in which the temporary use, structure or building is located.
(E) Cessation of use. All structures, buildings or debris associated with the temporary use shall be removed from the site immediately upon completion or cessation of the temporary use.
(F) Additional regulations for garage sales. Notwithstanding any regulations above to the contrary, a garage sale may be conducted only on a premises subject to the following additional regulations.
(1) A garage sale may be conducted two times each calendar year and shall not exceed three consecutive days in duration.
(2) A garage sale shall only be conducted during the hours from sunrise to sunset.
(3) All personal property exhibited outdoors during a garage sale shall be placed within a building or structure or otherwise removed from the premises immediately following the end of the garage sale.
(5) Nothing in this section shall be construed to prohibit one or more owners from conducting a combined garage sale on one of the premises owned by the participants; provided that, there is compliance with all other provisions of this section.
(G) Additional regulations for temporary seasonal retail sales uses. Any temporary seasonal retail sales use, structure or building shall also comply with the following regulations.
(1) The temporary seasonal retail sales use shall be located in a zoning district which would permit it as a permanent use on the real estate.
(2) The use or structure shall comply with all setback requirements for a primary building on the site.
(3) A minimum of three off-street parking spaces shall be provided on-site for the temporary seasonal retail sales use.
(4) The location of the temporary seasonal retail sales use and its required amount of parking spaces shall not interfere with any required parking spaces or safe and efficient flow of vehicular and pedestrian traffic around the parking area for the permanent primary use of the site.
(5) Signs for the temporary seasonal retail sales shall comply with the provisions of the sign regulations for freestanding identification signs for a single use site, and for building identification signs.
(6) Notwithstanding the provisions above to the contrary, seasonal retail sales uses shall not exceed 60 days in duration.
(H) Additional regulations for mobile classrooms. Mobile classrooms shall be permitted only as a temporary use in compliance with the following requirements.
(1) Mobile classrooms shall be for use by a religious use or school only.
(2) Mobile classrooms shall be permitted by the grant of a special exception by the Board of Zoning Appeals.
(3) Applicants for a special exception shall submit a site plan in compliance with the provisions of § 194.126 of this chapter at the time of filing a petition for special exception.
(4) Special exceptions for mobile classrooms shall be conditioned upon the applicant making progress towards accomplishing the goals of development indicated the site plan within a reasonable period of time as established by the Board of Zoning Appeals.
(5) Special exceptions for mobile classrooms shall be reviewed annually by the Board of Zoning Appeals to determine if the applicant is making progress towards accomplishing the goals of development indicated on the site plan.
(I) Additional regulations for temporary construction offices or real estate sales trailer. A temporary ILP for a temporary construction office, real estate sales trailer shall be valid for a maximum of one year from its issuance. An extension of time, not to exceed six months, may be granted by the Building Commissioner for good cause shown. Said request for extension shall be filed with the Building Commissioner prior to the termination date of the temporary ILP.
(1) Adequate access and parking areas shall be provided. Such access and parking areas shall not interfere with traffic movement on abutting or adjacent streets.
(2) No public address systems or other noise producing devices shall be permitted.
(3) No floodlights or other exterior lighting, beyond that commonly associated with the use of the site, shall be permitted or directed upon the premises.
(4) No later than 30 days after the termination date of the temporary construction office, temporary real estate sales trailer the site must be returned to as nearly as reasonably possible to its original condition, or an improvement location permit obtained for either any improvements which are to remain, or for additional, permanent development of the site.
(5) Temporary real estate sales office trailer:
(a) Shall be for a temporary period of one year from the date of grant or upon completion of the model home, whichever occurs first. The temporary real estate sales office trailer shall be removed from the property not later than one year from obtaining an improvement location permit, in the event that said temporary real estate sales office trailer has not been removed within said one-year period, or upon completion of the model home, the petitioner shall be in violation of this chapter and enforcement may ensue;
(b) A gravel parking area for not less than three cars shall be installed on the property prior to commencement of the temporary real estate sales office trailer;
(c) All temporary off-street parking shall be removed upon the removal of the temporary real estate sales office trailer, and the property shall be returned to its undeveloped state in preparation for the future construction of a single-family dwelling in frail compliance with the provisions of the applicable district and plat, filed with the office of the Recorder of the county; and
(d) The temporary real estate sales office trailer shall be skirted and landscaped around the base to enhance the appearance. A landscape plan shall be submitted for review and approval by the Building Commissioner prior to the issuance of an improvement location permit landscaping shall be installed in compliance with the approved landscape plan.
(J) Model homes. A temporary improvement location permit may be issued for the use of one model home in an approved subdivision. This improvement location permit will be reviewed annually, upon request, prior to the expiration of each one year period by the Building Commissioner for a one year renewal. The Building Commissioner may administratively issue the renewal provided there have been no registered violations or infractions with the utilization of the model home. Violations and/or infractions shall be verified by the Building Commissioner upon site inspection and completion of a filed written report. If a homeowners association has been established, a letter of recommendation for approval from the homeowners association must accompany the renewal request. If the improvement location permit renewal request is denied by the Building Commissioner, the applicant may appeal this decision to the Board of Zoning Appeals.
(1) Adequate access and parking areas shall be provided. Such access and parking areas shall not interfere with traffic movement on abutting or adjacent streets.
(2) No public address systems or other noise producing devices shall be permitted.
(3) No floodlights or other exterior lighting, beyond that commonly associated with the use of the site, shall be permitted or directed upon the premises.
(5) Temporary real estate sales office in a model home:
(a) The location of the temporary sales office shall be contained entirely within the model home located on the lot;
(b) Shall be for a period of one year from the date of approval of improvement location permit for model home and may run concurrently. Accordingly, in the event that said temporary sales office located in the model home has not been removed on or before the expiration of the model home improvement location permit, the applicant shall be in violation of this approval and enforcement may ensure. Upon expiration and removal of the temporary sales office from the model home, the model home shall revert to and be utilized specifically as a single-family residence only; and
(c) Any temporary off-street parking, installed specifically to serve the sales office/model home, shall be removed upon the removal of the temporary real estate sales office from the structure.
(Ord. 2000-16, passed 8-28-2000, § 3.2; Ord. 2009-02, passed 1-5-2009)
§ 194.097 RURAL PROPERTY DEVELOPMENT STANDARDS.
(A) Use. No building or land shall be used, and no building shall be erected, reconstructed or structurally altered, which is used for any purpose other than a use which is permitted and specified in a district in which such building or land is located, and which is in accordance with the requirements of this chapter.
(B) Accessory uses. Accessory uses shall be operated and maintained under the same ownership and on the same lot or contiguous lot as the primary use.
(C) Accessory structures. Accessory structures shall be permitted in all zoning districts; provided, the following requirements have been met.
(1) Accessory structures shall not be erected prior to the primary structure, except structures which classify as farm buildings, as stated under the definitions section of this chapter.
(2) Accessory structures shall be clearly subordinate in height, area, bulk extent and purpose to the primary structure.
(3) The following accessory structures are permitted in all districts and may be installed in any required yard without an ILP: landscape vegetation, swing sets, children’s tree houses, bird baths, bird houses, curbs, fences, lamp posts, mail boxes, name plates, parking spaces, utility installations for local services, retaining walls, walks, drainage installations, housing for domestic pets provided it is not for profit and does not constitute a kennel as defined in this chapter.
(4) Any accessory structure which is classified as a farm building, as determined by this chapter, shall be only required to secure an ILP.
(5) Wireless communications facilities are permitted in all districts and may be installed without an ILP; provided, they are co-located upon an existing or pre-approved wireless communication facility, or they are no taller than 15 feet and visually integrated or camouflaged against a structure other than another antenna.
(6) The following accessory structures are permitted in all zoning districts and require an application for an ILP certifying that all applicable requirements of this chapter have been met:
(a) Buildings such as garages, carports, enclosed patios, bath houses, gazebos, cabanas, greenhouses, storage sheds, stables and other structures over 50 square feet in area;
(b) Home occupation structures in accordance with this chapter;
(c) In-ground swimming pools subject to a five-foot high fence placement around the pool area and/or a mechanical pool cover over the pool;
(d) Signs as set forth in this chapter; and
(e) Antennas and amateur radio towers over 30 feet in height measured from the roofline.
(D) Temporary uses. Temporary uses shall be permitted in all zoning districts subject to approval by the Director based on his or her decision that the use will not detrimentally affect the health, welfare, safety or morals of the neighborhood under consideration for such use.
(1) The following are general provisions that must be met before approval:
(a) The duration of a permit is stated herein, however, the Director may renew such permit for a use in 30-day increments if so requested;
(b) Temporary uses shall be subject to all of the regulations of the applicable zoning district;
(c) Adequate access and off-street parking facilities shall be provided;
(d) Public address systems shall not be used in areas of concentrated residential development;
(e) Floodlights and other lighting shall be directed upon the premises and shall not be detrimental to adjoining properties;
(f) Signs shall not flash or blink or resemble traffic and emergency warning signals; and
(g) Upon termination, the lot shall be put in a clean condition devoid of trash and remnants of the temporary use.
(2) The following are permitted temporary uses subject to the issuance of an ILP and a certificate of occupancy:
(a) Temporary office; and
(b) Model home or model apartment.
(3) The following are permitted temporary uses subject to the issuance of an ILP:
(a) Incidental signs on the same property, necessary for the sale, rental, or lease of;
(b) Announcement signs necessary to explain the character of a building enterprise for a maximum of 18 months;
(c) Mobile homes as emergency shelters when needed until construction or emergency ends; and
(d) Other uses deemed temporary by the BZA subject to all conditions the BZA may deem necessary.
(4) The following are permitted temporary uses that do not require an ILP or certificate of occupancy:
(a) Parking area designated for a special event for a maximum of 30 days; and
(b) Other uses deemed temporary by the BZA subject to all conditions the BZA may deem necessary.
(E) Lots. Every primary structure hereafter erected shall be located on an individual lot which fronts on a street or private drive. No building or structure shall hereafter be erected or located on a lot unless such lot conforms with the lot area regulations of the District in which it is located or in accordance with § 194.019 of this chapter.
(F) Conversions.
(1) Structures originally designed for occupancy by two families or less converted to occupancy by more than two families shall secure an ILP. Such structures shall show no evidence of change to indicate the extra dwelling units.
(2) All fire escapes or stairways leading to a second or higher floor shall be completely enclosed within the converted building.
(G) Buildings relocated. No buildings or structures shall be moved from one lot or premises to another unless such building conforms to the regulations of the district to which such building shall be moved and an ILP has been secured.
(H) Building height. All buildings hereafter shall comply with the height regulations of the district in which it is located, with the exception of the following.
(1) A farm building may be erected or changed to any height necessary for its operation, however, any new structure regardless of height shall secure an ILP.
(2) Spires and church steeples may be erected or changed to any height that is not otherwise prohibited.
(I) Yards.
(1) Architectural features (cornices, chimney, eave, sill, canopy or similar feature) or open platforms, porches or landings may extend into a required side or rear yard not more than two feet, and may project into a required front yard not more than three feet.
(2) In the case of a through or corner lot, any property line abutting a street shall be considered a front property line and the setback from that line shall conform to the front yard setback regulations of that district. Corner lots shall have two front yard setbacks and two side yard setbacks.
(3) Where 25% or more of the lots in a block are occupied by buildings, the average setbacks of such buildings determine the front yard setback in the block. If there are no other buildings within 330 feet of the proposed building in either direction, then the standard setback for the District shall apply.
(4) Front yard setback lines established in recorded subdivisions establish the front yards in such subdivisions; provided that, after the adoption of this chapter, no subdivision shall be platted with building setback lines less than the required front yard of the district in which it is located.
(5) One-half of an alley, abutting the rear or side of a lot may be included in the rear yard setback or side yard setback, respectively, but such alley space shall not be included for loading and unloading berths.
(J) Restrictions along streams. (See Storm Drainage, Erosion and Sediment Control Ordinance.)
(1) No permanent structures may be erected and, if erected in violation of this division (J), no such structure may be used if the location is within 75 feet of the centerline of any legal tile ditch, or within 75 feet of the existing top edge of any legal open ditch as determined by the town’s Surveyor.
(2) No authorization of a use, under this chapter, includes the authority to discharge liquid or solid wastes into public waters except as permitted under the Stream Pollution Control Law (Acts 1943, Ch. 214, as amended). Plans and specifications for proposed public or district sewage or other waste treatment and disposal facilities must be approved by the Stream Pollution Control Board of the state, except when connecting to a public sewer utility.
(K) Flood protection. Structures shall be permitted in accordance with federal and state requirements and Ch. 192 of this code of ordinances pertaining to construction in flood hazard areas.
(L) Bulk storage. In any district, structures, buildings or above ground tanks, used for bulk storage of flammable or explosive liquids, gases or other materials shall not be located closer than 50 feet to the property line. Additional information regarding evidence of safety measures may be required in order to determine the public safety therein.
(M) Outside storage. A landscape contractor located in an agricultural district may store equipment and materials used in the business on the property as long as the equipment and non-plant materials are stored in an enclosed structure and no retail sales occur on the property.
(O) Trash receptacles. In any district, non-pedestrian, outdoor trash receptacles used for non- agricultural or non-residential uses shall be completely screened from view by the use of either solid fencing or evergreen vegetation. Such receptacles shall not be visible from the street front or any adjacent residential use during any time of the year.
(Ord. 2000-16, passed 8-28-2000, § 3.3; Ord. 2016-04, passed 4-5-2016)
§ 194.098 URBAN HOME OCCUPATIONS.
(A) Intent. It is the intent of this section to provide for home occupations that conform to the standards set forth below. The standards in this section are intended to ensure compatibility of home occupations with other permitted uses and with the residential character of the neighborhood plus clearly establishing the secondary or incidental status of home occupations in relation to the primary use for dwelling purposes.
(B) Required conditions. Home occupations shall be permitted in all residential districts subject to the following conditions.
(1) Home occupations shall be limited to family members residing within the dwelling and who make the dwelling their primary place of residence. The employment of one non-resident employee also shall be permitted.
(2) The use of the dwelling unit for the home occupation shall be incidental and subordinate to the use for residential purposes by the occupants. No more than 25% of the gross floor area of the dwelling unit shall be used in the conduct of the home occupations.
(3) There shall be no structural alterations to the interior of the dwelling to accommodate a home occupation which would render the dwelling undesirable for residential use.
(4) There shall be no structural additions, enlargements or exterior alterations changing the residential appearance of the dwelling or the lot or other visible indications of the conduct of the home occupation.
(5) There shall be no additional or separate entrance added to the dwelling for the purpose of conducting the home occupation.
(6) There shall be no internal or external alterations, construction features or use of electrical or mechanical equipment which would change the fire rating of the structure.
(7) There shall be no outside storage or outside display of any kind related to the home occupation.
(8) (a) All aspects of the home occupation shall be conducted within the dwelling structure in which the occupant makes his or her residence.
(b) No home occupation shall be conducted in any detached accessory building.
(9) There shall be no traffic generated by a home occupation which is greater in volume than that which would be normally expected in the residential area in which the home occupation is located.
(10) There shall be no equipment or process used in the home occupation which creates noise, vibration, glare, smoke, fumes, odors or electrical interference detectable to the normal senses at any point beyond the lot line.
(11) There shall be no electrical or mechanical equipment utilized in the home occupation which will create any visual or audible interference with radio or television reception or which will cause fluctuations in line voltage off the premises.
(12) The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises other than vehicles normally associated with residential home delivery (i.e., postal or united parcel vehicles). See also § 194.240 of this chapter.
(13) The home occupation shall not involve the use of on-premises signs which call attention to the fact that the dwelling is being used for business purposes.
(14) The dwelling shall not be altered in its appearance and the home occupation shall not be conducted in such a manner as to differentiate the dwelling from the residential character of the area by either use of colors, materials, construction, separate entrances, lighting, signs or other means.
(15) No stock in trade (except for articles produced on the premises by residents of the dwelling) shall be displayed or sold upon the premises.
(C) Prohibited home occupations. The following uses, by the nature of the investment or operation, have a pronounced tendency, once started, to rapidly increase beyond the limits specified above for home occupations and impair the use, value and quiet enjoyment of adjacent residential properties. Therefore, the uses specified below shall not be permitted as home occupations:
(1) Antique, book or gift shop;
(2) Appliance repair, large or small;
(3) Auto vehicle repairs, major or minor;
(4) Bed and breakfast;
(5) Contractor (other than a personal office; see division (B)(7) above);
(6) Dance studio;
(7) Freight, trucking or shipping;
(8) Lawn mower or bicycle repair;
(9) Medical or dental clinic;
(10) Painting of vehicles, trailers, boats and the like;
(11) Photo developing (see also division (D)(8) below);
(12) Private schools with organized classes;
(13) Restaurants, eating or drinking establishments;
(14) Television or radio repair;
(15) Tool or equipment rental;
(16) Tooling, welding or machine shop;
(17) Veterinary clinic, kennel or stable; and
(18) Any use not in compliance with the intent and conditions set forth in this section.
(D) Permitted home occupations. By way of example, the following uses, when conducted in compliance with the conditions set forth above, qualify as permitted home occupations:
(1) Artist’s, musician’s or writer’s studio;
(2) Barber or beautician;
(3) Cake making or decorating (not a catering facility);
(4) Child care for five or less children at any time;
(5) Dressmaking, millinery, sewing or tailoring;
(6) Home school;
(7) Personal office for a(n):
(a) Accountant;
(b) Architect;
(c) Broker;
(d) Consultant;
(e) Contractor;
(f) Engineer;
(g) Insurance agent;
(h) Lawyer;
(i) Planner;
(j) Real estate agent;
(k) Sales representative; and
(l) Notary public.
(8) Photography studio (darkroom development involving chemicals not permitted);
(9) Services provided by clergy;
(10) Teaching or tutoring, including musical instruments or dance, when limited to one pupil at a time;
(11) Washing or ironing for others (not a commercial laundry or laundromat);
(12) Weaving; and
(13) Other uses that comply with the intent and conditions set forth in this section.
(Ord. 2000-16, passed 8-28-2000, § 3.4)
§ 194.099 RURAL HOME OCCUPATIONS.
All persons conducting home occupations shall register the home occupation with the town on forms provided by the Clerk-Treasurer’s Office.
(A) Home occupations. A home occupation shall be permitted when said occupation conducted on residentially used premises is considered customary and traditional, incidental to the principal use of the premises as a residence, and not construed as a business. Permitted home occupations shall not adversely affect the residential character of the district or interfere with the reasonable enjoyment of adjoining properties. Permitted home occupations shall be of a personal service nature limited to domestic crafts and professional service.
Table 7: Permitted Types of Home Occupations
| |
Permitted uses | Domestic crafts, dressmaking, millinery, sewing, weaving, tailoring, ironing, washing, custom home furnishings work, carpentry work, furniture repair, hair grooming. |
Permitted uses, but limited to advice and consultation | Law, medicines, architecture, engineering, accounting, planning, real estate, insurance, notary public, manufacturer’s agent, clergy, writing, music, painting, photography, academic tutoring, outdoor instructional studio for one student at a time. |
Prohibited uses | Real estate office, insurance office, clinic, doctor’s office dress shop, millinery shop, funeral home, bed and breakfast. Outdoor instructional studios for more than one student at a time, day care center, animal hospital, kennel, trailer rental and all uses associated with vehicles dealers, repair and services. |
(B) Standards.
(1) The primary use of the primary structure or dwelling unit shall remain residential and the operator of the home occupation shall remain a resident in the dwelling unit.
(2) A home occupation and all activities and materials related to such occupation may be permitted in a single accessory structure; provided that, such structure is subordinate to the primary residence in terms of height, setback, area and bulk and compatible with the primary residence in terms of materials.
(3) The operator conducting the home occupation shall be the sole entrepreneur, and he or she shall not employ any other person other than a member of the immediate family residing in the residence and one non-family member.
(4) No structural additions, enlargements or exterior alterations changing the residential appearance to a business appearance shall be permitted.
(5) No more than 25% of the floor area of any one story of the dwelling unit shall be devoted to such home occupation.
(6) Outside storage of machinery, equipment or materials shall not be permitted.
(7) No additional and separate entrance incongruent with the residential structural design shall be constructed for the purpose of conducting the home occupation.
(8) No provision for more than two extra off-street parking or loading facilities, other than the requirements and permitted facilities of the zone district, shall be permitted. No part of a minimum required setback distance shall be used for off-street parking or lading facilities and no additional driveway to serve such home occupations shall be permitted.
(9) No display of goods or external evidence of the home occupation shall be permitted, except for signs in accordance with the sign section of this chapter.
(10) No stock in trade for commodities, other than those prepared, produced or created on the premises by the operator of the home occupation, shall be kept or sold on the premises.
(11) No electrical or mechanical equipment shall interfere with local radio communications and television reception, or cause fluctuation in line voltage off the premises.
(Ord. 2000-16, passed 8-28-2000, § 3.5)
§ 194.100 URBAN SPECIAL REGULATIONS FOR RESIDENTIAL FACILITIES FOR THE MENTALLY ILL.
A residential facility for the mentally ill, as defined in this chapter, and by I.C. 12-7-2-167 may not be located within 3,000 feet of another residential facility for the mentally ill, as measured between lot lines.
(Ord. 2000-16, passed 8-28-2000, § 3.6)
§ 194.101 URBAN SPECIAL REGULATIONS FOR ADULT ENTERTAINMENT BUSINESSES.
(A) Intent. In the development and adoption of this section, it is recognized that there are some adult entertainment business uses which, due to their very nature, have certain objectionable operational characteristics particularly when located in close proximity to residential neighborhoods, thereby having a deleterious impact upon property values and the quality of life in such surrounding areas. It has been acknowledged by communities across the nation that state and local governmental entities have a special concern in regulating the operation of such adult entertainment businesses under their jurisdiction to ensure that these adverse effects will not contribute to the blighting or down grading of adjacent neighborhoods. The special regulations deemed necessary to control the undesirable externalities arising from these adult entertainment businesses are set forth below. The purpose of these controls and regulations is to preserve the integrity and character of residential neighborhoods, to deter the spread of urban blight and to protect minors from the objectionable operational characteristics of these adult entertainment business uses by restricting their close proximity to churches, parks, schools, day care and child care facilities and residential areas.
(B) Prohibitions.
(1) The establishment, enlargement, reconstruction, resumption or structural alteration of any adult entertainment business shall be prohibited if such adult entertainment business is within 1,000 feet of two other such adult entertainment businesses or within 600 feet of any existing church, school, day care facility, child care facility, park, agricultural district or R district within the corporate limits of the town.
(2) Provided further that, no adult entertainment business shall be established, enlarged, reconstructed, resumed or structurally altered unless the site or proposed site is located in an I-2, General Industrial District, or I-3, Heavy Industrial District and has been approved as a special exception use by the Board of Zoning Appeals.
(C) Measurement of distances. The distance between one adult entertainment business and another adult entertainment business shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior structural wall of each such business. The distance between an adult entertainment business, and any church, school, park, day care facility, child care facility, agricultural district or residential district shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior structural wall of the adult entertainment business to the nearest lot line of the church, school, day care facility, child care facility, park, agricultural district or R district.
(D) Exterior display. Notwithstanding any other provisions of this chapter to the contrary, all exterior displays for an adult entertainment business shall comply with the following regulations.
(1) Observation. No adult entertainment business shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas by display, decorations, sign, show window or other opening from any public right-of-way.
(2) Number of signs. Not more than one business wall sign shall be permitted for an adult entertainment business and said business wall sign shall be permitted only on the front facade of the building. In addition to the one permitted business wall sign, an adult entertainment business may be permitted not more than one ground sign structure if it is permitted by §§ 194.160 through 194.169 of this chapter and any amendments thereto, and which meets all of the requirements of the zoning district in which it is located. All other sign structures shall be prohibited.
(3) Sign surface area. The sign surface area of a business wall sign for an adult entertainment business shall not exceed an amount equal to 5% of the front building facade of the first floor elevation (first ten feet) of the premises occupied by the adult entertainment business, or 100 square feet, whichever is the lesser. The maximum sign surface area of a ground sign structure, where permitted, shall not exceed one square foot for each lineal foot of frontage of the lot, or 24 square feet, which is the lesser.
(4) Illumination. Lighting, signs and sign structures may be illuminated; provided, however, such illumination shall not be by way of exterior lighting (e.g., spot or flood lights).
(E) Continuation of non-conforming use. This section is subject to the provisions of § 194.019 of this chapter.
(Ord. 2000-16, passed 8-28-2000, § 3.7)
§ 194.102 URBAN SPECIAL REGULATIONS FOR WIRELESS TELECOMMUNICATIONS FACILITIES.
(A) Application. Notwithstanding any other provision of this chapter, and in addition to other applicable provisions, wireless telecommunications facilities, when such are permitted by federal law and the laws of the state, shall be regulated and governed by the use regulations and requirements of this section. However, this section shall not apply, nor be construed to apply, to amateur radio operators who are licensed to operate a radio or transmitter by the Federal Communications Commission under Part 97 of the Federal Communications Commission’s rules.
(B) Procedures.
(1) Wireless telecommunication facilities are hereby declared special exception uses in all districts contained in this chapter.
(2) The applicant for a wireless telecommunication facility special exception shall demonstrate that they have exhausted all efforts to locate the proposed telecommunications antennas upon existing buildings or structures in the geographical area of the proposed telecommunications antennas. The applicant shall submit a master plan for its wireless telecommunication facilities throughout the town. The master plan shall demonstrate efforts to minimize the size and number of telecommunications antenna locations throughout the geographical area, taking into consideration existing technology.
(3) The placement of telecommunications antennas upon existing telecommunications towers may be administratively approved by the Building Commissioner.
(C) Development standards.
(1) In addition to complying with the requirements for a special exception use for the zoning district of the property, all wireless telecommunications facilities shall comply with the following additional requirements.
(a) The maximum height of a telecommunications tower, including antenna array, shall not exceed 120 feet above grade.
(b) No new telecommunications towers shall be located within 5,000 feet from another telecommunications tower.
(c) All guys and guy anchors shall be located within the buildable area of the lot and shall not be located within any front, side or rear yard setback or front, side or rear bufferyard setback and, in any event, no closer than five feet to any lot line.
(d) The base of a telecommunications tower and all guy anchors shall be enclosed by security fencing.
(e) Equipment buildings must be similar in color and character to the main or adjoining building or structure or blend with the landscaping and other surroundings immediately adjacent to the equipment building and shall be screened by a chain link or wrought iron fence with landscaping installed in compliance with the provisions of § 194.109 of this chapter for Level B landscaping requirements.
(f) A telecommunications tower shall be erected and operated in compliance with the most current Federal Communication Commission and Federal Aviation Administration rules and regulations and other applicable federal and state standards.
(g) A telecommunications tower shall be used by three or more wireless communications providers; or providers including providers such as cellular or PCS providers using Antenna with no more than three degrees of twist and sway at the top elevation and the owner of the telecommunications tower and the property on which it is located must certify to the town that the antenna is available for use by another wireless telecommunications provider on a reasonable and non- discriminatory basis and at a cost not exceeding the market value for the use of the facilities. If a portion of the telecommunications tower is to be leased to other wireless communications providers, the portions of the actual or proposed lease that demonstrate compliance with the requirements of this division (C)(1) shall be submitted with the application for special exception.
(h) All telecommunications towers shall be of a tapering monopole construction, except that another type telecommunications tower may be allowed upon showing that the alternate type of telecommunications tower would cause less visual impact on surrounding property than a similar monopole structure.
(i) No lettering, symbols, images, trademarks, signs or advertising shall be placed on or affixed to any part of a telecommunications tower, antenna array or antenna, other than as required by FCC regulations regarding Telecommunications Tower registration or other applicable law.
(j) The need for the requested site and the nature of any existing sites shall be documented and the manner in which the placement will promote the town’s telecommunications policies shall be demonstrated.
(k) Telecommunications towers shall be constructed to minimize potential safety hazards. Telecommunications towers shall be constructed so as to meet or exceed the most recent EIA-222 standards, and prior to issuance of a building permit, the Building Inspector shall be provided with an engineer’s certification that the telecommunications tower’s design meets or exceeds those standards. Guyed telecommunications towers shall be located in such a manner that if the telecommunications tower should fall along its longest dimension, the telecommunications tower will remain within the lot lines and avoid habitable structures, public streets, utility lines and other telecommunications towers.
(l) Telecommunications towers and equipment buildings shall be located: to minimize their number, height and obtrusiveness; to minimize visual impacts on the surrounding area; and, in accordance with the following town’s telecommunications policies:
1. Ensure that the height of telecommunications towers have the least visual impact and is no greater than required to achieve service area requirements and potential) collocation, when visually appropriate;
2. Demonstrate that the selected site for a new telecommunications tower provides the least visual impact on residential areas or the public way and illustrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility;
3. Site telecommunications towers to minimize being visually solitary or prominent when viewed from residential areas or the public way. The telecommunications tower should be obscured by vegetation, tree cover, topographic features and buildings or other structures to the maximum extent feasible;
4. Place telecommunications towers to ensure that historically significant landscapes are protected. The views of and vistas from architecturally or historically significant structures should not be impaired or diminished by the placement of telecommunications towers; and
5. The Board of Zoning Appeals may grant a special exception which does not fully comply with the telecommunications policies contained herein for telecommunications towers when the Board of Zoning Appeals determines that such a grant better accomplishes the telecommunications policies set out in this division (C)(1) than would a strict application of these telecommunication policies. Such deviations from the town’s telecommunications policy shall be no greater than necessary to accomplish those policies.
(m) No signals or lights or illumination shall be permitted on telecommunications towers unless required by the Federal Communications Commission, the Federal Aviation Administration or the town.
(n) If any additions, changes or modifications are to be made to a telecommunications tower, the Building Commissioner shall have the authority to require proof, through the submission of engineering and structural data, that the addition, change or modification conforms to structural wind load and all other requirements of the current Building Code adopted by the town.
(o) Telecommunications towers which have not been used for a period of one year shall be removed. The last telecommunication service provider to use a telecommunications tower shall notify the Building Commissioner or his or her designee within 30 days that use of a telecommunications tower has been discontinued.
(p) All telecommunications towers shall comply with all ordinances of the town not in conflict with this section.
(2) Antennas mounted on existing buildings or structures.
(a) Roof-mounted telecommunications antennas are allowed on non-residential buildings in all zoning districts without further zoning proceedings; provided, a non-whip antenna does not exceed the height of the building by more than ten feet and is screened from view from any adjacent public right-of-way and provided a whip antenna does not exceed the height of the building by more than 15 feet and is located no closer than 15 feet to the perimeter of the building. Prior to installation of a roof mounted telecommunications antenna, the Building Inspector shall be provided with an engineer’s certification that the roof will support the proposed telecommunications antenna and associated roof-mounted equipment. Roof-mounted telecommunications antenna and associated equipment shall be screened with enclosures or facades having an appearance that blends with the building on which they are located or by locating them so that they are not visible from an adjacent public right-of-way.
(b) Building-mounted telecommunications antennas of the non-whip antenna type are allowed on non-residential buildings in all zoning districts without further zoning proceedings; provided, the non-whip antenna is mounted flush with the exterior of the building so that it projects no more than 30 inches from the surface of the building to which it is attached and the non-whip antenna’s appearance is such as to blend with the surrounding surface of the building.
(c) Associated equipment shall be placed either within the same building or in a separate building which matches the existing building in character and building materials or blends with the landscaping and other surroundings immediately adjacent to the separate building housing the equipment. Associated equipment for roof-mounted telecommunications antennas may be located on the roof of the building if it is screened from view from any adjacent public right-of-way.
(d) Telecommunications antennas are allowed without further zoning proceeding on existing utility. Lighting, telecommunications towers and sign structures exceeding 50 feet in height above grade; provided that, the telecommunications antenna does not exceed the height of the structure by more than ten feet if a non-whip antenna or 15 feet if a whip antenna. Existing structures may be rebuilt if necessary to support the load of the new telecommunications antenna without further zoning proceedings if the rebuilt structure is substantially similar in appearance to the existing structure it replaces.
(e) Telecommunications antennas located on existing buildings or structures are not subject to the 5,000-foot separation requirement.
(f) When an application for an improvement location permit to locate a telecommunications antenna on an existing building or other structure is made, the Director shall be provided with color photo simulations showing the site of the existing structure with a photorealistic representation of the proposed telecommunications antenna and the existing structure or any proposed reconstruction of the structure as it would appear viewed from the closest residential property and from adjacent public right-of-way. The applicant shall also submit photographs of the same views showing the current appearance of the site without the proposed telecommunications antenna.
(3) Telecommunications antennas shall not be constructed or used within the town without all approvals and permits first having been secured.
(4) Within 30 days of the enactment of this chapter, and during each January thereafter, providers of personal wireless services, as that term is defined by federal law, operating in the town shall provide the town with their respective master plan for wireless telecommunications facilities, including detailed maps, showing the precise locations and characteristics of all telecommunications antennas and telecommunications towers serving any portion of the town and indicating coverage areas for current and future telecommunications antennas and telecommunications towers and shall provide the town with any updates to the above documents. Updated documents shall be provided to the town within three months of their creation.
(Ord. 2000-16, passed 8-28-2000, § 3.8)
§ 194.103 RURAL SPECIAL REGULATIONS.
(A) Minor subdivisions and single-family homes in the AG District. Application for minor residential subdivisions and single-family homes are brought before the Board of Zoning Appeals and considered a restricted use for the purpose of thorough review on a site-by-site basis. A variance may be requested from the requirements of Table 3 and any other sections of this chapter at the written request of the applicant at the time of filing for special exception or variance before the BZA. The following procedures and restrictions shall be considered.
(1) Approval. Minor subdivision approval shall be in accordance with the applicable section of Ch. 193 of this code of ordinances. Single-family homes in the AG District shall be in accordance with the procedure set forth for special exception.
(2) Driveways. In order to prevent strip lot development and preserve rural character, it is necessary to encourage the sharing of driveways.
(a) New driveways for minor subdivisions in the AG District shall be in accordance with Table 3 of this chapter. Lots shall share a common driveway cut when possible.
(b) When applicable, new driveways in the AG District shall be along the property line to make it possible to share the driveway with an adjoining lot in the future. In addition, the commitment may be required that the owner share the driveway when necessary.
(3) Cluster design. In order to preserve agricultural ground, minor subdivisions in the AG District shall be laid out in a cluster design. This is best accomplished by contiguously grouping the lots in such a manner so as to consume the least amount of land possible given the constraints of the landscape.
(4) Buffering. In order to protect residential uses from agricultural activities and vice-versa, the perimeter of the minor subdivision and lots for single-family homes in the AG District shall have bufferyard.
(5) Commitments. In order to protect residential uses from agricultural activities and vice-versa, commitments may be required by the BZA at the time of special exception approval in accordance with I.C. 36-7-4-921. Such commitments must be recorded with the office of the county’s Recorder prior to the issuance of an ILP. Commitments mandated by the BZA may include, but are not limited, to the following:
(a) Right-to-Farm Law of Indiana. The applicant for the special exception acknowledges and/or agrees that agricultural uses are permitted in the surrounding area, no agricultural or agri-business operation in the area shall be or become a nuisance, and to not object to the continuation of any such agricultural or agri-business operation in the surrounding area as long as such operation does not constitute a nuisance.
(b) Future residential subdivision. After the granting of the initial special exception and prior to the applicant further subdividing the subject property beyond such approval, he or she shall make application for an additional special exception in order that the BZA may review the request and ensure that such further subdivision is in accordance with this chapter and meets the standards for such special exception.
(B) Adult entertainment businesses. All adult entertainment businesses shall be required to comply with the following standards.
(1) Intent. In the development and adoption of this section, it is recognized that there are some adult entertainment business uses which due to their very nature have certain adverse secondary effects in the form of objectionable operational characteristics particularly when located in close proximity to residential neighborhoods, thereby having a deleterious impact upon property values and the quality of life in such surrounding areas. It has been acknowledged by communities across the nation that state and local governmental entities have a special concern in regulating the operation of such adult entertainment businesses under their jurisdiction to ensure that these adverse secondary effects will not contribute to the blighting or downgrading of adjacent neighborhoods. The special regulations deemed necessary to control the undesirable externalities arising from these adult entertainment businesses are set forth below. The purpose of these controls and regulations is to preserve the integrity and character of residential neighborhoods, to deter the spread of urban blight and to protect minors from the objectionable operational characteristics of these adult entertainment business uses by restricting their close proximity to churches, parks, fairgrounds, schools, day care centers and residential areas, including AG districts.
(2) Prohibitions. The establishment of an adult entertainment business, as defined, shall be prohibited if such adult entertainment business is within 1,000 feet of another such adult entertainment business or within 600 feet of any existing church, school, day care center, park, fairground, AG District or R district within the jurisdiction of the town’s Plan Commission.
(3) Measurement of distances. The distance between one adult entertainment business and another adult entertainment business shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior structural wall of each such business. The distance between an adult entertainment business, and any church, school, park, fairground, day care center, AG District or R district shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior structural wall of the adult entertainment business to the nearest lot line of the church, school, day care center, park, fairground, AG District or R district.
(4) Exterior display. Notwithstanding any other provisions of this chapter to the contrary, all exterior displays for an adult entertainment business shall comply with the following regulations.
(a) General. No adult entertainment business shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas by display, decorations, sign, show window or other opening from any public right-of-way.
(b) Number of signs. Not more than one wall sign shall be permitted for an adult entertainment business and said wall sign shall be permitted only on the front facade of the building. In addition to the one permitted wall sign, an adult entertainment business may be permitted not more than one freestanding sign, and which meets all of the requirements of the zoning district in which it is located.
(c) Sign surface area. The maximum sign area of a wall sign for an adult entertainment business shall not exceed an amount equal to 5% of the front building facade of the first floor elevation (first ten feet) of the premises occupied by the adult entertainment business, or 100 square feet, whichever is the lesser. The maximum combined sign area of a freestanding sign shall not exceed one square foot for each lineal foot of frontage of the lot, or 24 square feet, which is the lesser.
(d) Lighting. Signs and sign structures may be illuminated; provided, however, such illumination shall not be by way of exterior lighting (e.g., spot or floodlights).
(5) Continuation of non-conforming uses. This part is subject to the provisions of § 194.019 of this chapter.
(C) Airport uses. The following uses and facilities are considered to be appropriate and common for the safe and efficient take-off and landing of aircraft and are hereby permitted with any airport or heliport. However, if a runway is extended, or direction of a runway is changed, the owners shall petition the town’s Plan Commission for approval:
(1) Runways with a maximum 60,000-pounds weight limit;
(2) Storage hangars;
(3) Service hangars;
(4) Landing lights;
(5) Taxi-ways;
(6) On-premises illuminated signs (see Table 11);
(7) Terminals/offices;
(8) One on-site employee residence;
(9) Terminal navigational aids;
(10) Tie-downs;
(11) Weather gauge instruments;
(12) Beacons;
(13) Fuel storage tanks and pumping systems;
(14) Flight school;
(15) Meeting facilities; and
(16) Employee break room/kitchenette.
(Ord. 2000-16, passed 8-28-2000, § 3.9)
§ 194.104 URBAN PERFORMANCE STANDARDS.
(A) Scope and applicability. All new uses established after the effective date of this chapter shall comply with the following performance standards. Any use in existence prior to the date of this chapter shall not be altered or modified so as to conflict with the following performance standards.
(B) Performance standards.
(1) Vibration. No use shall cause earth vibration or concussions detectible beyond the lot lines without the aid of instruments.
(2) Smoke, dust and particulate matter. Smoke, dust and particulate matter and any other airborne material shall not exceed the limits established by the state’s Department of Environmental Management Rules regarding fugitive dust.
(3) Noxious matter. No use shall discharge across lot lines any noxious, toxic or corrosive matter, fumes or gases in such concentration as to be detrimental to or endanger the public health, safety or welfare or cause injury to property.
(4) Odor. No use shall emit across lot lines odors in such quantities as to be readily detectible at any point along the lot lines and as to be detrimental to or endanger the public health, safety or welfare or cause injury to property.
(5) Noise.
(a) No use shall produce noise in such a manner as to endanger the public health, safety or welfare or cause injury to property. Operational or production noise shall be muffled so as not to become detrimental due to intermittence, beat frequency, shrillness or vibration.
(b) Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association. Measurements shall be made using the flat network of the sound level meter. Impulsive type noises shall be subject to the performance standards hereinafter prescribed; provided that, such noises shall be capable of being accurately measured with such equipment. Noises capable of being so measured; for the purposes of this section, shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two decibels (dB). Noises incapable of being so measured, such as those of an irregular and intermittent, shall be controlled so as not to become a nuisance to adjacent uses.
(c) At no point on the boundary of an R district, special use district, business district, or industrial district shall the sound pressure level of any operation or plant, other than background noises produced by sources not under control of this section, such as the operation of motor vehicles or other transportation facilities, exceed the decibel (dB) limits in the octave bands designated as follows.
Octave Band Frequency (Cycles per Second) | Along Residential or Special Along Business or Industrial Use District Boundaries (dB) | District Boundaries (dB) |
Octave Band Frequency (Cycles per Second) | Along Residential or Special Along Business or Industrial Use District Boundaries (dB) | District Boundaries (dB) |
0 to 74 | 72 | 79 |
75 to 150 | 67 | 74 |
151 to 300 | 59 | 66 |
301 to 600 | 52 | 59 |
601 to 1,200 | 46 | 53 |
1,201 to 2,400 | 40 | 47 |
2,401 to 4,800 | 34 | 41 |
Above 4,800 | 32 | 39 |
(6) Heat. No use shall produce heat creating a hazard perceptible from any point beyond the lot lines.
(8) Waste. No use shall accumulate within the lot or discharge beyond the lot lines any waste matter, whether liquid or solid, in violation of the applicable standards and regulations of the county’s Health Department, the state’s Board of Health, the Stream Pollution Control Board of the state, in such a manner as to endanger the public health, safety or welfare or cause injury to property.
(Ord. 2000-16, passed 8-28-2000, § 3.10; Ord. 2016-04, passed 4-5-2016)
§ 194.105 URBAN OFF-STREET PARKING REGULATIONS.
(A) Parking for buildings, structures or uses. All new development, building additions or conversions of use for which an improvement location permit is required by this chapter shall provide required off-street parking areas in accordance with the following regulations.
(B) Existing parking areas. Off-street parking areas shall not be reduced below the minimum requirement for such use as required by this chapter. Any off-street parking areas existing prior to the effective date of this chapter which were already below the standards established by this chapter shall not be further reduced.
(C) Location of parking areas. Off-street parking areas shall be located on the same lot, within the same integrated center, or within 300 feet of the building or use served by the off-street parking area. Off-street parking for any use shall be located within a zoning district which permits the use for which the off-street parking is required.
(D) Design and construction of parking areas. The following standards shall apply to the design of off-street parking areas required by this chapter in all districts (except for single-family dwellings and agricultural uses located in the O-1 District).
(1) Standard parking schemes. The layout of all parking areas shall be in compliance with the requirements set forth in Table 8 below.
(2) Surface of parking areas. All required off-street parking areas and the ingress/egress to and from such off-street parking areas shall be hard surfaced with asphalt, concrete or other material to provide a dust-free surface. A gravel surface may be used for a period not to exceed six months after the commencement of the use for which the parking area is provided, where ground or weather conditions are not immediately suitable for permanent surfacing as specified herein.
(3) Distance from buildings in business and industrial districts. All parking spaces, parking areas and interior access drives located in any business and industrial district shall maintain a minimum five-foot separation from the wall of a building.
(4) Definition of parking spaces. All parking spaces shall be provided with wheel stops or other devices to ensure that motor vehicles do not encroach beyond the parking area or into a required yard.
(E) Minimum number of off-street parking spaces. Off-street parking for all uses shall be provided in accordance with the minimum requirements set forth in Table 8 below. When the computation of required parking spaces results in a fraction of one-half or greater, the number of required parking spaces shall be rounded up to the next whole number. Exception: The total number of off-street parking spaces required for any use in and within 600 feet or one parcel, whichever is less, of the VBD District shall be reduced by 50%.
(F) Required parking for the disabled. Every parking lot and parking garage available to the public shall have parking spaces reserved for the use of physically handicapped persons according to the following schedule (as required by ADA Accessibility Guidelines for Buildings and Facilities, Ch. 4.1.2(5)(a), published in the Federal Register, Volume 56, No. 144, dated 7-26-1991):
Total Parking Spaces Required | Minimum Number of Reserved Spaces |
Total Parking Spaces Required | Minimum Number of Reserved Spaces |
1 - 25 | 1 |
26 - 50 | 2 |
51 - 75 | 3 |
76 - 100 | 4 |
101 - 150 | 5 |
151 - 200 | 6 |
201 - 300 | 7 |
301 - 400 | 8 |
401 - 500 | 9 |
501 - 1,000 | 2% of the total number of parking spaces |
1,011 and over | 20, plus 1 for each 100 spaces over 1,000 |
Table 8: Parking Lot Design | |||
Angle of Parking Space | Width of Parking Space | Depth of Parking Space | Width of Maneuvering Aisle |
61 degrees - 90 degrees | 9’-0” | 18’-0” | 24’-0” |
46 degrees - 60 degrees | 9’-0” | 18’-0” | 18’-0” |
45 degrees | 8’-6” | 18’-0” | 15’-0” |
Parallel | 8’-0” | 22’-0” | 12’-0” |
Table 9: Required Off-Street Parking | |
Use Requirement | Minimum Parking |
Table 9: Required Off-Street Parking | |
Use Requirement | Minimum Parking |
1. Any business, recreational enterprise involving the assembling of persons (unless otherwise specified in this table) | |
a. Indoor | 1 parking space for each 250 square feet of gross floor area |
b. Outdoor | 1 parking space for each 200 square feet of gross floor area, plus 1 parking space for each 600 square feet of site area accessible to the public, exclusive of the parking area |
2. Automobile sales | |
a. Major | 1 parking space for each 500 square feet of gross floor area, plus 1 space for each 7,000 square feet of outdoor display area |
b. Minor | 1 parking space for each 1,000 square feet of show room space and 1 space for each service bay |
3. Truck, bus, boat, recreational vehicle or recreational vehicle or motorcycle sales or rental | 1 parking space for each 500 square feet of gross floor area, plus 1 space for each 7,000 square feet of outdoor display area |
4. Banking, savings and loan, credit union | |
a. Combined drive-through | 1 parking space for each walk-in facility’s 250 square feet of gross floor area |
b. Drive-through facility only | 1 parking space for each drive-up bay |
c. Walk-in facility only | 1 parking space for each 200 square feet of gross floor area |
5. Bowling alleys | 4 parking spaces for each alley/lane; if, in addition, there are other uses or accessory uses located within or operated in conjunction with the bowling alley, such as restaurants, night clubs and the like, additional parking spaces, calculated based upon the parking requirements for that specific use, shall be provided (calculation shall be based upon the total square feet of gross leasable floor area for uses located within or operated in conjunction with the bowling alley |
6. a. Religious uses, including church, synagogue or temple | 1 parking space for each 4 permanent seats in the sanctuary |
b. Auditorium, assembly halls, recital halls | 1 parking space for each 4 seats at maximum capacity calculated pursuant to Fire Code |
7. Community centers, museums, CMC clubs and philanthropic institutions | 1 parking space for each 400 square feet of gross floor area |
8. Convenience store | 3.5 parking spaces for each 1,000 square feet of gross floor area; parking spaces at gasoline pumps may be included in the calculation of required parking |
9. Day nurseries, child care centers, kindergartens, nursery schools | 1 parking space for each 8 pupils based upon maximum capacity |
10. Fire station | 3 parking spaces for truck bay, plus a minimum of 3 additional parking spaces |
11. Furniture/floor or wall covering store | 1 parking space for each 400 square feet of gross floor area |
12. Gasoline service stations, tire and auto service center, automobile repair, other auto service functions | 1 parking space for each 200 square feet of gross floor area devoted to retail sales, plus 2 spaces per service bay, (a service bay shall not be considered a parking space), plus 3 customer spaces |
13. Gasoline service station convenience store | Same as (7) Convenience store |
14. Grocery, supermarket | 1 parking space for each 200 square feet of gross floor area |
15. Hardware, paint, home improvement store | 1 parking space for each 300 square feet of gross floor area, plus 1 parking space for each 1,000 square feet of the facility devoted to outside operations or storage, exclusive of the parking area |
16. Health spa, fitness center | a. 1 parking space for each 200 square feet of gross floor area |
b. If, in addition, there are other uses or accessory uses located within or operated in conjunction with the health spa or sports club. such as dining areas, restaurants, night clubs, retail stores and the like, additional parking spaces, ca1culated based upon the parking requirements for that specific use, shall be provided (calculation shall be based upon the total square feet of gross leasable floor area for such uses located within or operated in conjunction with the health spa or sports club) | |
17. Hotels, motels | a. 1 parking space for each rental sleeping unit |
b. If, in addition to sleeping units, there are other uses or accessory uses located within or operated in conjunction with the hotel or motel, such as ballrooms, meeting rooms, dining areas, retail stores, auditoriums, restaurants, night clubs and the like, additional parking spaces, calculated based upon the parking requirements for that specific use, shall be provided (calculation shall be based upon the total square feet of gross leasable floor area for such uses located within or operated in conjunction with the hotel or motel) | |
18. Library | 1 parking space for each 400 square feet of gross floor area |
19. Medical, dental, optometrists, clinics offices | 1 parking space for each 200 square feet of gross floor area |
20. Mini-warehouses | 1 parking space for each 200 square feet of gross floor area devoted to office space, plus 1 parking space per resident/manager, plus 1 parking space for each 30 storage units; required off-street parking spaces shall not be utilized as rental or leased spaces |
21. Miniature golf | 4 parking spaces for each golf hole, plus 1 space per each 100 square feet devoted to accessory retail or amusement establishments |
22. Mortuary, funeral home, crematories | 1 parking space for each 50 square feet of floor area in parlors and assembly rooms |
23. Nursing care, convalescent home, hospital, sanitariums, rehabilitation centers | 1 parking space for each 2 patient beds |
24. Office business use, general (to include, but not be limited to, business-professional office, post office-office park, research center offices for an industrial use) | 3.5 parking spaces for each 1,000 square feet of gross floor area. |
25. Tennis-racquet club | 4 parking spaces per game court, plus 1 parking space for each 200 square feet of the remaining gross floor area in the building devoted to office or retail activities |
26. Residential | |
a. Single-family dwelling (including individual mobile dwellings) and two- family dwellings | 2 parking spaces per dwelling unit |
b. Multi-family dwellings | 2 parking spaces per dwelling unit for the first 50 dwelling units, plus 1.75 parking spaces for each additional dwelling unit over 50 |
27. Restaurant | |
a. Family (dine in only) | 1 parking space per each 3 customer seats (including outdoor seating areas) (minimum of 5 parking spaces required) |
b. Fast food, with or without drive-through | 1 parking space per each 5 customer seats (minimum of 5 parking spaces required) |
c. Fast food, drive-through only (no seating) | 1 parking space per 100 square feet of gross floor area (minimum of 4 parking spaces required) |
28. Taverns and night clubs | 1 parking space per each 75 square feet of gross floor area |
29. Retail or business uses, individual, freestanding uses: including, but limited to: bakeries; drug stores; beauty and barber shops; liquor stores; laundromats; photo studios; jewelry, gift, appliance and similar stores; personal service shops | 3.5 parking spaces for each 1,000 square feet of gross leasable floor area shall be required for any individual, freestanding retail or service business use unless listed separately in this section, in which case the parking requirement noted for that specific use shall be utilized; provided, however, that, in no case shall any individual use provide less than 5 parking spaces |
30. Retail or service business uses, integrated centers | a. If the total gross leasable floor area of an integrated center is less than 400,000 square feet, 4 parking spaces for each 1,000 square feet of gross leasable floor area shall be required |
b. If the total gross leasable floor area of an integrated center is greater than 400,000 square feet, but less than 600,000 square feet, 4.5 parking spaces for each 1,000 square feet of gross leasable floor area shall be required | |
c. If the total gross leasable floor area of an integrated center is greater than 600,000 square feet, 5 parking spaces for each 1,000 square feet of gross leasable floor area shall be required | |
Provided however: (1) in no case shall any individual use provide less that 5 parking spaces: and, (2) The following individual uses: grocery store; theaters-motion picture or legitimate, bowling alley; or night club; shall provide parking spaces as required for the individual use by this section and such of the gross leasable area calculation of the integrated center | |
31. Skating rink (roller rink) | 1 parking space for each 200 square feet of gross floor area in the building |
32. Schools: business, trade or business | 1 parking space for each 100 square feet of gross floor area in the building, or 1 parking space per each 25 square feet of classrooms, whichever provides the greatest number of spaces |
33. Theater, indoor | 1 parking space for each 3 seats |
34. Assembly, manufacturing or similar industrial use | a. 1 parking space for each 1,000 square feet of gross floor area devoted to such use |
b. If, in addition, there is space devoted to office retail, or other uses specified elsewhere in these regulations, parking required for such additional use shall also be provided | |
35. Distribution, warehouse or similar use | a. 1 parking space for each 3,000 square feet of gross floor area |
b. If, in addition, there is space devoted to office. Retail or other uses specified elsewhere in these regulations, parking required for such additional use shall be provided | |
36. Uses not specified | For any use not specified above, specific requirements shall be determined by the Building Commissioner and shall be based upon requirements for similar uses, expected demand and traffic generated by the proposed use and other information from appropriate traffic engineering and planning criteria |
(Ord. 2000-16, passed 8-28-2000, § 3.11; Ord. 2016-23, passed 12-19-2016)
§ 194.106 URBAN OFF-STREET LOADING REGULATIONS.
(A) Loading for buildings, structures or uses. All business or industrial development or conversions of use for which an improvement location permit is required by this chapter shall provide off-street loading areas in accordance with the following regulations.
(B) Design and construction of loading areas. The following standards shall apply to the design of off-street loading areas.
(1) Loading space dimensions. A required or excess off-street loading space shall be at least 12 feet in width by at least 55 feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 15 feet.
(2) Minimum aisle width. Each required off-street loading space shall open directly upon an aisle or interior access drive with a width of at least 35 feet and creating a total maneuvering area, inclusive of the loading space, of at least 105 feet, unless subject to the provisions of division (B)(3) below.
(3) Maneuvering area. Each maneuvering area, aisle and interior access drive shall be so designed and (excess loading areas) located as to provide safe and efficient ingress/egress to each loading space and so that trucks do not back from or into a public street, or onto an adjoining property (unless the subject property and the adjoining property are located within the same industrial park and such maneuvering area is subject to a recorded easement allowing such maneuvering).
(C) Design of excess loading areas. Any use which provides loading spaces at a rate of greater than four loading spaces and more than two times the minimum required by this chapter shall provide a total maneuvering area of at least 105 feet which is separate and distinct from the minimum aisle width requirement of 35 feet.
(D) Location of off-street loading spaces.
(1) All loading spaces shall be located on the same lot as the use served.
(2) All loading spaces shall be oriented toward a side or rear lot line.
(3) No loading space shall be located between the front lot line and the front line of any portion of the building served.
(4) No loading space shall be located in a required side or rear yard or required side or rear bufferyard.
(E) Use of loading area. Space allocated for required or excess off-street loading spaces and associated maneuverability shall not be used to satisfy off-street parking space requirements.
(F) Surface of loading areas. All off-street loading areas and the ingress/egress to and from such off-street loading areas shall be hard surfaced with asphalt, concrete or other material to provide a dust-free surface. A gravel surface may be used for a period not to exceed six months after the commencement of the use for which the loading area is provided, where ground or weather conditions are not immediately suitable for permanent surfacing as specified herein.
(G) Minimum number of off-street loading spaces. Off-street loading spaces for all uses shall be provided in accordance with the minimum requirements set forth in Table 9 of this chapter.
Table 10: Required Off-Street Loading | |
Gross Floor Area of Building (Square Feet) | Required Number of Loading Spaces |
<10,000 | 0 |
10,000 - 40,000 | 1 |
40,000 - 100,000 | 2 |
100,000 - 200,000 | 3 |
Each Additional 200,000 | 1 additional or portion thereof
|
(Ord. 2000-16, passed 8-28-2000, § 3.12)
§ 194.107 URBAN REQUIREMENTS FOR DRIVE-THROUGH OFF-STREET STACKING SPACES.
(A) General provisions. The purpose of off-street stacking space regulations is to promote public safety by alleviating on-site and off-site traffic congestion from the operation of a facility which utilizes a drive-through service unit (“service unit”). any use having a service unit shall provide required off-street stacking spaces (“stacking spaces “) as follows:
(1) Each stacking space shall be not less than eight and one-half feet in width and 17-1/2 feet in length, with additional stacking spaces for necessary turning and maneuvering.
(2) The area required for stacking spaces shall be exclusive of and in addition to any required parking space, loading space, driveway, aisle and required yard, unless specifically noted.
(3) A parking space at any component of a service unit (window, menu board, order station or service bay) shall be considered to be a stacking space.
(4) An area reserved for stacking spaces shall not double as a circulation driveway or maneuvering area.
(5) Sites with stacking spaces shall include an exclusive bypass aisle, driveway or other circulation area in the parking lot design to allow vehicles to bypass the stacking area.
(6) A service unit may project up to one foot into the stacking area.
(7) A service unit shall not be permitted on the side or rear of a building, or within the side or rear yard of a building, which abuts an R district, SU-1 (Church), SU-2 (School), District unless the side or rear setback of each component of a service unit is located more than 100 feet from the R, SU-1 or SU-2 Districts.
(8) Service units may contain more than one component part. Service units may contain such components as menu board(s), order stations, pay windows, food/service pickup windows or service bays. The final component of a service unit shall be the last component reached before exiting the service unit. In the case of car washes, the final component of a service unit is the entrance to the car wash building itself.
(B) Site plan submission.
(1) All stacking spaces and circulation pattern(s) shall be demonstrated on the site plan that is submitted at the time of filing for an improvement location permit.
(2) The submitted site plan shall also delineate:
(a) All existing and proposed points of ingress and egress, circulation and maneuvering areas, off-street parking and loading areas; and
(b) Separately tabulate the number of required off-street parking, loading and stacking spaces in a conspicuous place on the plan for easy reference.
Use/Facility | Number of Stacking Spaces Required |
Use/Facility | Number of Stacking Spaces Required |
1. Bank (including ATMs) | 6 stacking spaces, measured from the final component of each service unit; 1 stacking space after the final component of each service unit |
2. Drive-in theater | Before the ticket service window or area, stacking spaces shall be equal to 20% of the total off-street parking capacity of the theater. The inbound reservoir area shall not connect or conflict in any way with exit driveways |
3. Car wash (as either a primary use or as an accessory use) | |
a. Self-service or hand wash | 3 stacking spaces, measured from the final component of each service unit; 2 stacking spaces after the final component of each service unit |
b. Semi-or fully automatic | 20 stacking spaces, measured component of each service unit; 6 stacking spaces reserved to vacuuming or drying of vehicles may count in the exit stacking space figure; parking spaces not required in the calculation for minimum required off-street parking may be utilized for the stacking space calculation |
4. Restaurants | Total number of stacking spaces required |
One | 6 stacking spaces, measured from the final component of the service unit; 2 stacking spaces after the final component of the service unit |
Two | 8 stacking spaces, measured from the final component of each service unit; 2 stacking spaces after the final component of each service unit |
For each additional drive-through service unit | 4 stacking spaces, measured from the final component of each service unit; 1 stacking space after the final component of each service unit |
5. All other facilities utilizing a drive-through service unit, including, but not limited to, laundry and dry cleaning stations, photo drop off/pick-up stations, automobile oil change or lubrication facilities or drug stores | 3 stacking spaces, measured from the final component of the service unit; one stacking space after the final component of each service unit |
(Ord. 2000-16, passed 8-28-2000, § 3.13)
§ 194.108 URBAN REQUIREMENTS FOR ALL PRIVATE STREETS, INTERIOR ACCESS DRIVEWAYS AND INTERIOR ACCESS DRIVES.
All private streets, interior access driveways and interior access drives shall be developed to the following standards.
(A) Minimum pavement width avai1able for through traffic, exclusive of parking spaces:
(1) Residential districts:
1-way traffic, no parking | 12 feet |
1-way traffic, parking on one or both sides | 24 feet |
2-way traffic, no parking | 20 feet |
2-way traffic, parking on one or both sides | 24 feet |
(2) Business or industrial districts:
1-way traffic, no parking | 18 feet |
1-way traffic, parking on one or both sides | 30 feet |
2-way traffic, no parking | 24 feet |
2-way traffic, parking on one or both sides | 36 feet |
(B) Minimum pavement depth and materials for through traffic widths noted in division (A) above, exclusive of parking areas, shall be those specified by Ch. 193 of this code of ordinances; provided, however, curbing shall not be required. The requirements for minimum pavement depth and materials listed in Ch. 193 of this code of ordinances are incorporated into this chapter by reference. Two copies of the subdivision control regulations are on file and available for public inspection in the office of the Clerk-Treasurer of the town.
(C) Private streets, interior access driveways, and interior access drives shall be privately maintained in good repair and reasonably free of chuckholes, standing water, weeds, dirt, trash, debris, mud, ice and snow by the owner, project management, owner’s association or other similar organization.
(Ord. 2000-16, passed 8-28-2000, § 3.14)
§ 194.109 URBAN LANDSCAPING REQUIREMENTS.
(A) Intent. Landscaping of required yards and required bufferyards is an essential element of the design of a site with respect to promoting the public health, safety, comfort, convenience and general welfare of the town. Landscaping is intended to lessen the impact of development on the environment by reducing glare and heat buildup, promoting the creation of landscape islands for pedestrian safety, to break up large expanses of pavement, and to reduce storm water run-off. Landscaping provides a critical buffering effect between higher intensity districts and lower intensity districts (e.g., typically between business or industrial districts and abutting or adjacent residential and specific special use (SU) districts).
(B) Landscaping of required front, side and rear yards, required front, side and rear perimeter yards, and required front, side and rear bufferyards in all business, industrial and multi-family residential districts.
(1) Required front, side and rear yards in business and industrial districts shall be landscaped in compliance with the following.
(a) Required front yard. Landscaping in the required front yard shall consist of trees planted in accordance with one of the following alternatives.
1. If deciduous shade (overstory) trees are used: there shall be one tree planted at a maximum of every 40 feet on center of linear distance along all required front yards. These required trees may be grouped together in the required front yard; however, in no case shall spacing between the trees exceed 80 feet.
2. If deciduous ornamental (understory) trees are used: there shall be one tree planted at a maximum of every 25 feet on center of linear distance along all required front yards. These required trees may be grouped together in the required front yard; however, in no case shall spacing between the trees exceed 50 feet.
(b) Required side yard and required rear yard. Landscaping in the required side yard and required rear yard shall consist of trees planted in accordance with one of the following alternatives.
1. If deciduous shade (overstory) trees are used: there shall be one tree planted at a maximum of every 50 feet on center of linear distance along all required side yards and required rear yards. These required trees may be grouped together in the required side yard and required rear yard; in no case shall spacing between the trees exceed 80 feet.
2. If deciduous ornamental (understory) trees are used: there shall be one tree planted at a maximum of every 35 feet on center of linear distance along all required side yards and required rear yards. These required trees may be grouped together in the required side yard and required rear yard; however, in no case shall spacing between the trees exceed 50 feet. Deciduous shade trees and deciduous ornamental trees may be grouped together in the required yards, however, in no case shall spacing between a deciduous shade tree and a deciduous ornamental tree exceed 50 feet. The minimum size of all required landscape plant materials, at the time of planting, shall comply with the plant sizes listed in Table 12.
(2) Required front, side and rear bufferyards in all business and industrial districts, and front, side and rear perimeter yards in the R-MF-1 and R-MF-2 Districts shall be landscaped in compliance with the requirements of Table 12.
(C) Foundation planting in business and industrial districts (except the VBD, Village Business District).
(1) Foundation planting areas shall be required for all new buildings and building additions in all business and industrial districts (except the VBD-Village Business District).
(2) In the case of a single use site or a primary building in an integrated center located on a business district, foundation planting areas are required along the front and side of the building. In the case of a building located on an outlot in a business district or any building located in an industrial district, the front, side and rear of the building shall have foundation planting areas.
(3) Foundation planting areas shall be subject to the following requirements.
(a) Foundation planting areas shall be calculated individually for each applicable front, side or rear of a building and shall be located along such front, side or rear of a building (except for those portions of the front or side of a building devoted to pedestrian ingress/egress, vehicular ingress/egress, loading or drop-off zones).
(b) Foundation planting areas shall have a total area in square feet of not less than two feet times the length of the wall (two feet by length of wall equals area for foundation planting) to which the foundation planting is oriented.
(c) Foundation planting areas shall be located:
1. Adjacent to the building; or
2. So as to begin within ten feet of the building (in the case of a sidewalk which runs adjacent to the building).
(d) Foundation planting areas shall maintain a minimum depth in the smallest dimension of six feet.
(e) Foundation planting areas shall be landscaped with grass and shrubbery, trees or hedge, or in combination with other suitable ground cover materials and maintained as a foundation planting strip in compliance with the requirements for a Level A plantings as set forth in Table 12.
(D) Parking lot landscaping in business and industrial districts.
(1) Interior parking lot landscaping in business and industrial districts.
(a) All new surface parking lots and expanded surface parking lots (except for semi-truck loading and maneuvering areas and parking areas) located in any business or industrial district shall include at least one interior landscape island measuring eight feet by 18 feet minimum for every 15 parking spaces. Each interior landscape island shall contain at least one deciduous shade (overstory) tree, deciduous ornamental (understory) tree or evergreen tree. All trees shall comply with the size at time of planting as indicated in Table 12.
(b) Space devoted to interior landscape islands shall be in addition to any required front, side or rear yards, required front, side or rear bufferyards, or required foundation plantings.
(c) The area devoted to interior landscape islands may be located individually in the interior of the parking lot or may be aggregated into one or more landscape areas. When located individually, interior landscape islands shall be located so as to define vehicular and pedestrian traffic patterns. When aggregated into one or more landscape areas, interior landscape islands shall function to:
1. Preserve existing trees;
2. Create boulevard treatments;
3. Create landscape features;
4. Create common open space areas for passive recreational activities; or
5. Define vehicular and pedestrian traffic patterns.
(d) Each tree shall be a minimum of two and one-half feet away from the outside of any permanent barrier of a landscaped area or edge of the parking area.
(2) Perimeter landscaping of parking lots in business and industrial districts. In addition to landscaping provided in required yards and required bufferyards, if a parking area is located between a building and a required front yard or between a building and a required front, side or rear bufferyard. The side of the parking area facing the front yard or the front, side or rear bufferyard shall be screened by:
(a) A compact hedge row located between the front yard or a bufferyard and the edge of the parking area planted three feet on-center and between 24 inches and 30 inches in height at the time of planting; or
(b) Hedge plants in combination with: an ornamental, decorative fence or masonry wall or earthen berm; provided that, the plant unit value of the hedge, wall or berm equals one and one-half.
NOTE: Each sample area represents a total length of 400 feet. Depth of the sample areas varies for illustrative purposes only. Trees indicated are at full growth, not at time of planting.
Table 11: Bufferyard and Perimeter Yard Landscaping (Table A) | ||||||||||||||||||
Zoning Of Subject Property | ||||||||||||||||||
O-1 | R-SF-1 | R-SF-2 | R-SF--3 | R-SF-4 | R-V | R-MF-1 | R-MF-2 | BO | B-1 | B-2 | B-3 | VBD | I-ORT | I-1 | I-2 | I-3 | SU | |
Table 11: Bufferyard and Perimeter Yard Landscaping (Table A) | ||||||||||||||||||
Zoning Of Subject Property | ||||||||||||||||||
O-1 | R-SF-1 | R-SF-2 | R-SF--3 | R-SF-4 | R-V | R-MF-1 | R-MF-2 | BO | B-1 | B-2 | B-3 | VBD | I-ORT | I-1 | I-2 | I-3 | SU | |
O-1 | NR | NR | NR | NR | NR | NR | A | A | A | A | B | C | A(1) | B | B | C | C | * * |
R-SF-1 | NR | NR | NR | NR | NR | NR | B | B | B | B | C | C | A(1) | B | B | C | C | * * |
R-SF-2 | NR | NR | NR | NR | NR | NR | B | B | B | B | C | C | A(1) | B | B | C | C | * * |
R-SF-3 | NR | NR | NR | NR | NR | NR | B | B | B | B | C | C | A(1) | B | B | C | C | * * |
R-SF-4 | NR | NR | NR | NR | NR | NR | B | B | B | B | C | C | A(1) A | B | B | C | C | * * |
R-V | NR | NR | NR | NR | NR | NR | B | B | B | B | C | C | (1) | B | B | C | C | * * |
R-MF-1 | NR | NR | NR | NR | NR | NR | A | A | B | B | B | C | A(1) A | B | B | B | C | * * |
R-MF-2 | NR | NR | NR | NR | NR | NR | A | A | B | B | B | C | (1) | B | B | B | C | * * |
Interstate Freeway | A | A | A | A | A | A | A | A | A | A | A | A | NR | A | A | A | A | * * |
NOTES TO TABLE:
NR = Landscaping/screening not required A= Level A B = Level B C = Level C * =Perimeter yards for the R-MF-1 and R-MF-2 Districts, when located adjacent to all other districts not listed on Table 12 shall be landscaped at Level A ** = Landscaping shall be provided based upon the “Applicable District Development Standards” listed in § 194.057(C) of this chapter for each special use district (1) = Applicable only to side or rear bufferyards | ||||||||||||||||||
Table 12: Levels of Plantings - Bufferyards and Perimeter Yards (Table B) |
Level A = Any combination of plants selected from the plant categories listed below, which equals or exceeds a plant unit value of 2 for each 100 lineal feet; provided that, at least 50% of the required plant unit value shall be derived from deciduous shade (overstory) trees, deciduous ornamental (understory) trees, evergreen trees or evergreen trees - narrow spread. |
Level B = Any combination of plants selected from the plant categories listed below, which equals or exceeds a plant unit value of 3 for each 100 lineal feet; provided that, at least 25% of the required plant unit value shall be derived from deciduous shade (overstory) trees or deciduous ornamental (understory) trees and at least 25% of the plant unit value shall be derived from evergreen trees or evergreen trees - narrow spread. |
Level C = Any combination of plants selected from the plant categories listed below, which equals or exceeds a plant unit value of 4 for each 100 lineal feet; provided that, at least 25% of the required plant unit value shall be derived from deciduous shade (overstory) trees or deciduous ornamental (understory) trees and at least 50% of the plant unit value shall be derived from evergreen trees or evergreen trees - narrow spread. |
Table 13: Plant Unit Values (Table C) | |
Plant Categories | Plant Unit Value |
Table 13: Plant Unit Values (Table C) | |
Plant Categories | Plant Unit Value |
(Minimum Size at Time of Planting) | |
Deciduous shade (overstory) | 0.50 |
(2-1/2” caliper at 6” above the ground) | |
Deciduous ornamental (understory) tree | 0.40 |
(91-1/2” caliper at 6” above the ground) | |
Evergreen tree (6’ high) | 0.40 |
Evergreen tree-narrow spread (4’ high) | 0.25 |
Hedge plant (24” - 30” high) | 0.05 |
(E) Ground cover within required landscaping. All landscaping required above shall, at a minimum, consist of living vegetation (i.e., trees and shrubs) and grasses or ground cover materials, or preserved existing natural vegetation (i.e., thickets). Landscape stone may be used as a landscaping accent, but shall not exceed 20% of the area of the required landscape area in which it is used.
(1) Exception(s): Substitution of all mulch within the defined area mentioned above for landscape stone may occur if:
(a) Minimum number of required plantings are dispersed evenly throughout the defined area, or
(b) Building facade is located on a non-frontage elevation.
(F) Wall, fence or berm. In addition to living vegetation required above, landscaping in a required yard, required bufferyard or required perimeter yard may include a fence, wall or berm as regulated below.
(1) Fence or wall in a front yard. An ornamental, decorative fence or masonry wall may be used in conjunction with required front yard or required front bufferyard landscaping. Any fence or wall used in a front yard shall not exceed three feet in height if solid or six feet in height if the sight barrier is less than 50%. Any fence or wall which maintains a height of between 30 inches and three feet if solid or between five feet and six feet if the sight barrier is less than 50% shall count as up to a 50 plant unit value for each 100-foot increment against the required plant unit value specified by Table 12. Chain link may be used as a fencing material, however, a chain link fence shall not count as a plant unit value.
(2) Berm in a front yard or front bufferyard. An undulating earthen berm. may be used in conjunction with required front yard or required front bufferyard landscaping. Any berm used in a front yard shall have a maximum height not to exceed three feet when located in a multi-family residential or business district or five feet when located in an industrial district, shall have a minimum crown width of two feet and shall have a side slope of not greater than three feet horizontal to one foot vertical (3:1). Any berm shall be planted and covered with live vegetation. A retaining wall may be used on the side of the berm facing away from the public right-of-way. Any berm which maintains its maximum height for a minimum of 60% of the lineal distance of each 100-foot increment of the yard shall count as up to a 0.50 plant unit value for each 100-foot increment against the required plant unit value specified by Table 12.
(3) Fence or wall in a side or rear yard or side or rear bufferyard. An ornamental, decorative fence or masonry wall may be used in conjunction with required side or rear yard, required side or rear bufferyard, or required side or rear perimeter yard landscaping. Any fence or wall used in a side or rear yard or side or rear bufferyard shall not exceed six feet in height. Any fence or wall which maintains a height of between four feet and six feet shall count as up to a 0.50 plant unit value for each 100-foot increment against the required plant unit value specified by Table 12. Chain link may be used as a fencing material, however, a chain link fence shall not count as a plant unit value.
(4) Berm in a side or rear yard or side or rear bufferyard. An undulating earthen berm, may be used in conjunction with required side or rear yard, required side or rear bufferyard, or required side or rear perimeter yard landscaping. Any berm used in a side or rear yard or side or rear bufferyard shall have a maximum height not to exceed six feet, shall have a minimum crown width of two feet and shall have a side slope of not greater than three feet horizontal to one foot vertical (3:1). Any berm shall be planted and covered with live vegetation. A retaining wall may be used on the side of the berm facing away from the side or rear lot line. Any berm which maintains its maximum height for a minimum of 60% of the lineal distance of each 100-foot increment of the yard shall count as up to a 0.75 plant unit value for each 100 lineal feet against the required plant unit value specified by Table 12.
(G) Installation of landscaping. All landscaping required by this section shall be:
(1) Installed prior to commencement of the use on the real estate; or
(2) If seasons and weather conditions are not appropriate for the installation of landscaping immediately prior to commencement of the use, all landscaping required by this section shall be installed by the end of the next planting season after the use is commenced.
(H) Maintenance of landscaping. The owner or property manager shall:
(1) Maintain all required landscaping by keeping lawns mowed, all plants maintained as disease-free, and planting beds groomed, except in areas of preserved existing natural vegetation (i.e., thickets); and
(2) Replace any required planting, which is removed or dies after the date of planting. Such replacement shall occur during the next planting season.
(I) Credit for preservation of existing trees.
(1) In order to encourage the preservation of existing stands of trees or tree rows and to enhance the quality of the built environment, the Plan Commission may approve an alternative landscape plan which utilizes the designation of one or more tree save areas in lieu of new plantings within a required yard, a required perimeter yard, a required bufferyard, foundation plantings or interior landscape islands in parking lots.
(2) A 0.25 plant unit value credit shall be given for every two caliper inches of trees saved per 100-foot increment. The credit shall count towards the required new plantings within such 100-foot increment of a required yard, a required perimeter yard, a required bufferyard, foundation plantings or interior landscape islands in parking lots.
(3) An alternative landscape plan which utilizes the designation of a tree save area shall:
(a) Provide that, all trees which are to be preserved in a tree save area shall be maintained without injury and with sufficient area for the root system to sustain the tree;
(b) Provide that, protective care and physical restraint barriers at the drip line, such as temporary protective fencing, shall be provided in the tree save area to prevent alteration, compaction or increased depth of the soil in the root system area prior to and during groundwork and construction; and
(c) Provide that, in the event trees designated for saving in the tree save area are damaged during construction or die within three years of completion of construction on the site, replacement trees shall be planted in the designated tree save area to equal the credited plant unit value of the tree which was damaged or which died.
(Ord. 2000-16, passed 8-28-2000, § 3.15; Ord. 2020-01, passed 1-6-2020)
§ 194.110 RURAL: MANUFACTURED HOMES.
(A) Permanent placement. Manufactured homes shall be permitted provided the following requirements and limitations are met.
(1) All zoning regulations pertaining to the individual site shall be met.
(2) The minimum area of a structure shall conform with the square footage requirements established in the residential uses and requirements table.
(3) The structure shall be attached and anchored to a permanent foundation in conformance with the appropriate Building Code and with manufacturer’s installation specifications.
(4) The entire area between the floor joists of the structure and the underfloor grade shall be completely enclosed with a permanent perimeter enclosure constructed in accordance with the terms of the appropriate Building Code; the manufacturer’s installation specifications; and requirements set forth by the state’s Administrative Building Council.
(5) The structure shall possess all necessary building, water and sewage disposal permits prior to placement of the structure upon the lot.
(6) The wheels, axles and hitches shall be removed.
(7) The structure shall be covered with an exterior material customarily used on site-built structures.
(8) The roof of the structure shall be shingled and pitched, rather than flat.
(9) In areas outside of a mobile home park, manufactured homes shall have a width no less than 18 feet to be considered compatible with surrounding conventional construction.
(B) Temporary residential occupancy.
(1) During construction. In all zoning districts, a permit may be issued for the temporary placement and occupancy of a manufactured or mobile home outside of a mobile home park, to a person intending to build a permanent residence on the property. The temporary permit is for a period of two years and may be renewed for an additional one-year period if construction of the dwelling has started, but has not been completed.
(2) Health issue. A permit may also be issued to an applicant whose own health or the health of another necessitates care, and where the facts show that an unnecessary hardship would occur if not permitted to locate a manufactured or mobile home adjacent to the residence of one who is able to provide such care or in need of such care. The permit would be for the lifetime of the person needing care and is renewable every fourth year from the date of issuance.
(3) Regulations. The following regulations shall apply to the temporary occupancy of a manufactured or mobile home:
(a) The structure is to be located on the same property as an existing residence or located on property on which a permanent residence with a valid ILP is intended to be built within two years;
(b) The structure should be served by the same address, water supply and sewage facilities serving the existing residence or the residence under construction, subject to the approval of the county’s Board of Health;
(c) The structure shall remain on its wheels and shall not be placed on a permanent foundation;
(d) Applicable front, side and rear yard regulations of the district in which it is located are to be observed;
(e) Occupancy of the structure is restricted to relatives, persons employed in the care of the property owner (employed on the premises of the property owner) or the owner of the property who intends to construct a permanent residence;
(f) The structure used for temporary occupancy shall have a ground floor area greater than 500 square feet;
(g) The manufactured or mobile home shall be tied down as per the requirements of the One- and Two-Family Dwelling Code or the manufacturer’s recommendation;
(h) The perimeter of the manufactured or mobile home shall be completely enclosed, except for access and ventilation openings. The perimeter enclosure may consist of skirting materials installed in accordance with the manufacturer’s installation specifications and secured as necessary to provide stability, minimize vibrations and minimize susceptibility to wind damage and to provide adequate insulation to protect exposed piping. Perimeter enclosures other than skirting shall meet requirements of the One- and Two-Family Dwelling Code and the requirements set forth by the Fire and Building Department of the town.
(C) Temporary non-residential occupancy. Mobile homes, trailers or vans may be utilized as contractor’s offices, watchman’s shelters or tool and equipment storage on the project site and only during the period of construction.
(D) Permanent residential occupancy. Mobile homes may be permanently occupied when located in a mobile home park. Such mobile home park shall have an approved development plan and be developed in accordance with the requirements of this chapter. Mobile homes for permanent occupancy shall meet the standards in Table 5, and mobile home parks shall have the following requirements.
(1) The placement of any mobile home requires a building permit.
(2) No electric lines shall pass over any mobile home.
(3) All mobile homes shall be skirted prior to being occupied.
(4) When applicable by the terms of this chapter, accessory structures for storage on individual sites are subject to all applicable setback requirements and require a building permit.
(5) Driveways shall be provided on the site where necessary for convenient access to service entrances of buildings, to delivery and collection points for refuse and other material, and elsewhere as needed.
(6) Resident parking shall be provided either on the trailer site or in common parking facilities, and shall be designed so as not to interfere with pedestrian walkways and to allow adequate space for visitor parking either along the street or in common parking areas.
(7) (a) Where possible, walkways leading to frequently used public facilities should be through interior areas removed from the vicinity of streets. Public pedestrian sidewalks should be at least four feet in width and paved with a suitable material for use in all-weather conditions.
(b) Individual walkways shall be provided from a public walkway, street or parking area to the individual mobile home stands. These walkways shall be at least one and one-half feet in width and should be paved with a suitable material for use in all-weather conditions.
(8) Covenants shall be submitted and recorded with the development plan approval of the mobile home park. Such covenants must contain/address the following.
(a) The mobile home park owner shall furnish each occupant of a mobile home site with a copy of the recorded covenants.
(b) The placement or replacement of each mobile home shall be in accordance with and shall follow the procedures set forth by this chapter.
(c) When applicable by the terms of this chapter, accessory structures are subject to all applicable site setbacks and require a building permit.
(d) It shall be the responsibility of the mobile home park owner to see that all sites and open spaces are kept in a neat and orderly condition at all times.
(e) In order not to impede safety vehicles, no on-street parking of boats, trailers, semi-trucks and the like shall be permitted.
(Ord. 2000-16, passed 8-28-2000, § 3.16)
§ 194.111 RURAL PARKING AND LOADING REQUIREMENTS.
(A) Purpose.
(1) To reduce traffic problems and hazards by eliminating unnecessary on-street parking and loading. Every use of land, except those located in the Rural UB District, must include on-premises parking and loading sufficient for the needs normally generated by the use, as provided by this section.
(2) Off-street parking spaces shall be used only for the parking of vehicles of occupants, patrons, visitors or employees and shall not be used for any kind of loading, sales, servicing or continuous storage of vehicles for more than 48 hours.
(3) Automotive vehicles or trailers of any type without plates in an inoperable condition so as to be deemed dead storage shall be prohibited in residential districts other than in completely enclosed buildings and shall not be parked or stored in any district unless specifically authorized under the terms of this chapter.
(4) Space allotted to loading berths and loading areas shall not be used to satisfy parking space requirements.
(B) Non-conforming parking, enlargement or alteration of existing structure.
(1) No use lawfully established prior to the effective date of this section shall be required to provide and maintain the parking and loading requirements of this section; provided that, parking and loading spaces required by any previous ordinance pursuant to state statutes shall be continued and maintained.
(2) For any non-conforming use which is hereafter damaged or partially destroyed, and which is lawfully reconstructed, re-established or repaired, parking and loading facilities equivalent to those maintained at the time of such damage or partial destruction shall be restored and continued in operation; provided, however, it is not necessary to restore or maintain parking or loading facilities in excess of those required by this chapter for equivalent new uses.
(3) When the intensity of use of any building, structure or premises shall be increased through the addition of dwelling units, floor area, beds, seating capacity or other unit of measurement, parking and loading facilities shall be provided for such increase in intensity of use.
(4) When the existing use of a building, structure or premises shall be changed or converted to a new use permitted by this chapter, parking and loading facilities shall be provided as required for the new use.
(5) Parking and loading facilities in existence on the effective date of this section shall not be reduced below or if already less than, shall not be further reduced below, the requirements for a new use under this section.
(C) Design flexibility.
(1) Due to particularities of any given development, the inflexible application of required parking spaces may result in parking and loading spaces in excess of need. Upon the written request of the applicant, the Director may authorize a reduction of required parking spaces not to exceed 10%. Approval of reduction of required parking spaces by the Director shall be in writing and shall include justification for allowing such reduction.
(2) (a) Upon written request by the applicant, up to 25% of the dedicated parking area may remain unpaved and in greenspace until such time as the need for maximum parking is determined. This decision and determination shall be at the discretion of the Director. Such decision shall be ratified by or appealed to the town.
(b) Such greenspace shall not be counted toward required parking landscaping or bufferyards.
(D) Required parking spaces.
(1) In determination of required parking spaces, any fraction of less than one-half shall be disregarded, while a fraction one-half or greater shall be counted as one parking space.
(2) For uses not specified in this section or in the instance requirements for an adequate number of spaces is unclear, the number of spaces shall be determined by the administrative official on the basis of similar requirements, the number of persons served or employed and the capability of adequately serving the visiting public. Such determination may be reviewed by the town or appealed to the BZA.
(3) Unless noted in accordance with this section, the number of required automobile parking spaces shall be considered the minimum allowable number of spaces for any particular use.
Table 14: Parking Requirements | |
Use | Required Parking |
Table 14: Parking Requirements | |
Use | Required Parking |
Automobile sales, repair or service station | 1 per 200 square feet of gross floor area, plus 1 per employee, plus 1 per 1,000 square feet of lot |
Bowling alleys | 4 per lane |
Cemetery, crematory or mortuary | 1 per 2 employees, plus 1 per 6 seats |
College, university, trade or business schools | 1 per 3 students and employees |
Commercial facility for raising non-farm fowl and animals | 1 per 3 employees, plus 1 per 125 square feet of sales area |
Commercial greenhouse | 1 per 3 employees, plus 1 per 125 square feet of sales area |
Convalescent home | 1 per 4 residents |
Day care center | 1 per 6 children, plus 1 per 2 employees |
Elementary or junior high school | 3 per classroom |
Golf and country clubs | 3 per golf hole |
Government uses, library, information center | 1 per 250 square feet |
Group residential facility, nursing home | 1 per 4 residents |
High school | 6 per classroom |
Hospital | 1 per 4 beds, plus 1 per doctor, plus 1 per 3 employees, plus 1 per hospital vehicle |
Hotel, motel, bed and breakfast | 1 per sleeping room |
Industrial uses, confined feeding, slaughter house, warehouse, wholesale | 1 per 2 employees |
Lodge or private club | 1 per 800 square feet of gross floor area |
Mass transit station | 1 per 2 employees, plus 1 per 4 public seats |
Medical office, clinic | 1 per 2 employees, plus 3 per doctor |
Non-profit membership organizations, stadium, coliseum, theater | 1 per 5 seats |
Outdoor recreation facility | 5 per acre |
Residential dwellings | 2 per dwelling unit |
Retail trade: eating and drinking establishments | 1 per 3 seats |
Retail trade: general merchandise, services: general, medical and personal | 1 per 200 square feet of gross floor area |
Stable, public | 1 per 5,000 square feet of lot area |
Trailer or farm implement sales area | 1 per 1,000 square feet of lot and floor area |
Veterinary animal hospital, kennel | 1 per 3 animal spaces (cages or pens) |
(E) Joint use. Non-residential uses, within the same and/or separate structures, may provide joint parking provided the total number of spaces is not less than the sum of requirements for the various uses. To the extent that developments with joint parking operate at different times, such parking spaces may be credited to both uses.
(F) Satellite parking. Parking shall be required on site, except as provided in this section; however, the Board of Zoning Appeals the may grant satellite parking to any non-residential use by special exception. At least part of such parking must be within 300 feet of the proposed use. A site development plan must accompany any such application for special exception and must include the following:
(1) Adjacent streets, alleys and lots;
(2) All uses to be served including the location, use and number of parking spaces provided;
(3) A layout drawn to scale indicating aisles, driveways, entrances, exits, turn-off lanes, parking spaces, setbacks, drainage facilities, landscaping, lighting, pavement and identification signs including location, size and design;
(4) All satellite parking shall be developed, maintained and used in accordance with the approved site development plan and all other requirements; and
(5) Any change or other modification of uses served or number or parking spaces shall require amendment and re-approval by the BZA.
(G) Bicycle parking.
(1) Non-residential uses located in the LB, GB or PB Districts containing 30 or more automobile spaces shall provide bicycle-parking facilities at the rate of one bicycle parking space per ten parking spaces, up to a maximum of 20 bicycle parking spaces.
(2) Bicycle racks shall be installed to support the frame of the bicycle.
(H) Dimensions of parking spaces.
(1) Each parking space shall contain a rectangular area nine feet wide and 19 feet long, exclusive of pedestrian passageways, access drives, aisles, ramps or landscaped areas. Handicapped parking spaces shall conform to state and federal requirements regarding handicap accessibility.
(2) In parking areas containing ten or more parking spaces, up to 20% of the spaces may contain a rectangular area only seven and one-half feet wide and 15 feet long. Such spaces shall be conspicuously designated as reserved for small or compact cars.
(3) Parking areas set aside for parallel parking shall contain a rectangular area nine feet wide and 22 feet long.
(4) (a) Parking aisle widths shall conform to the following table:
Aisle Width | |||||
Parking angle | 0 degree | 30 degrees | 45 degrees | 60 degrees | 90 degrees |
One-way traffic | 13’ | 11’ | 13’ | 18’ | 24’ |
Two-way traffic | 19’ | 20’ | 21’ | 23’ | 24’ |
(b) Each loading space shall be of a size not less than that required for parking space, but scaled larger to delivery vehicles expected to be used.
(5) Driveways shall be a minimum ten feet for one-way traffic and 18 feet for two-way traffic; except that, a ten-foot driveway is permissible for two-way traffic when the driveway is not longer than 50 feet and provides access to a maximum of five parking spaces.
(I) General design.
(1) (a) Non-residential parking or loading areas along the street-front should be minimized. When possible, parking or loading areas should be placed to the rear of the structure. All parking or loading areas shall be designed with appropriate means of movement and shall be so arranged that movement can proceed safely without posing a danger to pedestrians or other vehicles.
(b) No parking area shall be so designed as to require backing into a public street, public or private pedestrian access way, or from a public alley.
(2) All parking or loading spaces shall be designed, arranged and regulated as to open directly upon an aisle or driveway without obstruction.
(3) All parking areas shall be striped and channelized as appropriate. Parking spaces shall be marked and access lines clearly defined, including directional arrows to guide internal movement and directional signs as necessary.
(4) All parking or loading areas shall be maintained in good condition and free of weeds, dirt, trash and debris.
(5) Parking spaces shall be provided with bumper guards or wheel stops along the perimeter of the parking area so located that no part of a parked vehicle will extend beyond the boundary of the parking area.
(6) No more than 15 parking spaces shall be permitted in a continuous row.
(7) All parking areas consisting of more than 60 spaces shall provide separate pedestrian walkways. Such walkways should generally be oriented perpendicular to and between parking bays.
(a) One walkway can serve as a collector for up to four rows of parking spaces.
(b) The walkway should be a minimum of four feet wide, allowing an additional 30 inches on each side for overhanging of vehicles.
(c) All walkways should be constructed to be clearly defined through the use of material, landscaping or other form of delineation.
(8) Any use which fronts upon and utilizes access to a primary or secondary arterial shall provide and utilize a common frontage or access lane for the purpose of access, parking and loading.
(9) Required parking spaces may be open to the sky or enclosed in a structure. Parking structures shall be treated as any major structure and shall be subject to all applicable structural requirements of this chapter and the issuance of an ILP.
(10) Parking structures shall be designed to be architecturally compatible with their surroundings, including appearance, size, scale, building materials and bulk.
(11) All parking areas shall conform to state and federal requirements regarding handicap accessibility.
(J) Surface. All parking or loading areas for five or more automobiles shall be developed in accordance with the following standards.
(1) Parking and loading areas shall be graded and surfaced with an all-weather paving material such as asphalt, concrete or other material that will provide equivalent protection against potholes, erosion and dust. However, a gravel surface may be used for a period not exceeding one year after the date of granting the occupancy permit where ground conditions are not immediately suitable for permanent surfacing as specified in this section.
(2) All areas shall be striped and channelized as appropriate.
(3) Parking stalls shall be marked and the access lines clearly defined, including directional arrows to guide internal movement.
(K) Landscaping. Parking lots should be effectively landscaped with trees and shrubs to reduce the visual impact of glare, headlights and parking lot lights from the public right-of-way and from adjoining properties. In addition, parking lots should be adequately shaded to reduce the amount of reflected heat.
(1) Perimeter bufferyard. Parking or loading areas abutting any street-front or residential use shall provide a perimeter Bufferyard C for parking and Bufferyard E for loading areas or that required for the proposed use in the bufferyard section of this chapter, whichever is greater.
(2) Interior landscaping. Interior landscaping shall be comprised of one canopy tree and three shrubs for every 15 parking spaces.
(3) Maintenance. Maintenance of landscaping for parking and loading areas shall be in accordance with the bufferyard section of this chapter.
(5) Loading and unloading. Uses, except those that do not receive or transport goods in quantity by truck delivery, shall be provided loading berths. Each loading and unloading berth must include a 12-foot by 45-foot loading space with a 14-foot height clearance. Loading and unloading berths must be a minimum distance from the nearest residential use in accordance with the following table:
Loading Berth Requirements and Distance from Rural Residential Uses | |||
Required Berths | Berth Distance from Residential Uses (Feet) | ||
Loading Berth Requirements and Distance from Rural Residential Uses | |||
Required Berths | Berth Distance from Residential Uses (Feet) | ||
Airport | Same as Industrial | 100 | |
Commercial facility for breeding and raising non-farm fowl and animals | 1 | 100 | |
Commercial greenhouse (15,000 square feet or less) | 1 | 50 | |
Commercial greenhouse (more than 15,000 square feet) | 2 | 50 | |
Hospital (200 beds or less) | 1 | 50 | |
Hospital (200 to 500 beds) | 2 | 50 | |
Hospital (more than 500 beds) | 3 | 50 | |
Industrial use | Less than 15,000 square feet gross floor area | 1 | |
15,000 to 40,000 square feet gross floor area | 2 | ||
40,000 to 100,000 square feet gross floor area | 3 | ||
Each 40,000 or additional fraction of gross floor area | 1 additional | ||
Mineral extraction, borrow pit, topsoil removal and their storage areas | Same as Industrial | 300 | |
Office building | 25,000 to 100,000 square feet gross floor area | 1 | |
100,000 to 350,000 square feet gross floor area | 2 | ||
Each 200,000 or additional fraction of gross floor area | 1 additional | ||
Outdoor commercial recreational enterprise | Same as Industrial | 50 | |
Retail or department store, wholesale storage, warehousing or other business use | 3,000 to 15,000 square feet gross floor area | 1 | |
Each 15,000 square feet or additional fraction of gross floor area | 1 additional | ||
Stadium or coliseum | 2 | 50 | |
Truck freight terminal | Same as Industrial | 100 | |
(6) Inspections. At the time the structure receives its final inspection, the completion of the landscaping in accordance with these requirements shall also be a part of the final inspection. However, if seasonal circumstances do not permit the planting of the required landscaping, the final inspection of the landscaping shall be performed at a reasonable, later date as determined by the Director.
(L) Bufferyards.
(1) The bufferyard is a unit of yard together with the planting thereon. Both the amount of land and the type and amount of planting specified for each bufferyard requirement are designed to minimize nuisances between adjacent land uses. The planting units required of bufferyards have been calculated to ensure that they do, in fact, function as “buffers”.
(2) Bufferyards shall be required to separate land uses from each other in order to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights, signs, and unsightly building or parking areas, or to provide spacing to reduce adverse impacts of noise, odor or danger from fires or explosions.
(3) Proposed uses in any district that are specifically agricultural, as defined under “agriculture”, are exempt from providing bufferyards unless otherwise specified.
Existing Use | Bufferyard | Existing Use |
Width | Proposed Use | |
Existing Use | ||
(a) Location, maintenance, planting size and landscape plan.
1. Bufferyards shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line.
2. At the discretion of the Director, the width of the bufferyard may include all or a portion of rights-of-way, drainage easements, and utility easements, however plantings shall not be located on any portion of these areas. With this discretion, the Director must ensure that the effectiveness of the required bufferyard shall not be compromised.
3. All plant material that dies must be replaced within six months so as to maintain the approved bufferyard and landscape plan.
4. Deciduous trees are to be a minimum of two inches in diameter or eight feet tall at the time of planting. Evergreen trees shall be a minimum of five feet tall at the time of planting.
5. Any existing plant material which otherwise satisfies the requirements of this section may be counted toward satisfying all such requirements.
6. The following plant material substitutions shall satisfy the requirements of this section.
a. In all bufferyards, evergreen, canopy or evergreen understory trees may be substituted for deciduous canopy trees without limitation.
b. In all bufferyards, evergreen or conifer shrubs may be substituted for deciduous shrubs without limitation. A landscape plan shall be submitted with each applicable application. Such plan shall be a site plan drawn to scale showing the location, type, size and category of each plant unit used.
7. When it has been proven that the required plantings of a bufferyard cannot be installed because of existing easements or other unavoidable site constraints, the Director shall have the discretion to allow the substitution of alternative vegetation, provided that the total number of plantings does not decrease.
(b) Determination of bufferyard requirements.
1. To determine the type of bufferyard required between two adjacent parcels, the following procedure shall be followed:
a. Identify the zoning district of the proposed land use by referring to the horizontal column of the Table 7, Bufferyard Requirements;
b. Identify the zoning district of the adjacent parcels by referring to the vertical column of the Table 7, Bufferyard Requirements; and
c. Determine the bufferyard required on each boundary of the subject parcel by referring to the Table 7, Bufferyard Requirements, and then to the options for that bufferyard.
2. The required bufferyards constitute the total bufferyard required between the adjacent land uses. Any of the alternatives for the required bufferyard shall satisfy the requirement of buffering between adjacent land uses.
(c) Bufferyard requirements.
1. Bufferyard requirements are stated in terms of the width of the bufferyard and the number of plant units required per 100 linear feet of bufferyard. The requirements of a bufferyard may be satisfied by any of the alternatives illustrated. The quantity and type of plant materials required by each bufferyard are specific and identified in the Appendix (reference division (L)(3)(g) below). The specifications of each bufferyard and its alternatives are illustrated in this section. Each alternative depicts the total bufferyard located between two parcels.
2. Whenever a wall, fence or berm is required within a bufferyard, these are shown as “fence/berm” in the following table, wherein their respective specifications are also shown. Whenever a wall is required in addition to a berm, the wall shall be located between the berm and the higher intensity use, in order to provide maximum sound absorption.
3. If the development on the adjoining use is existing, planned or deed-restricted for solar access, understory trees may be substituted for canopy trees where canopy trees would destroy solar access.
4. If the development borders a jurisdictional boundary outside that of this chapter, the bufferyard used shall be based on the district most comparable to that of this chapter, at the discretion and approval of the Director.
5. The exact placement of required plants and structures shall be the decision of each user; except that, the following requirements shall be satisfied.
a. Evergreen (or conifer) plant materials shall be planted in clusters rather than singly in order to maximize their chances of survival.
b. Berms with masonry walls required of Bufferyard J and K options are intended to buffer more significant nuisances from adjacent uses and, additionally, to break up and absorb noise, which is achieved by the varied heights of plant materials between the wall and the noise source.
c. When berms with walls are required, the masonry wall shall be closer than the berm to the higher intensity use.
d. Within a bufferyard, a planting area at least five feet wide containing 15% of the total plant requirements (based on the multiplier = 1) shall be located between the masonry wall and the higher intensity class use. These plants shall be chosen to provide species and sizes to reduce noise in conjunction with the wall.
6. All bufferyard areas shall be live vegetation and seeded with lawn or prairie grasses unless such ground cover is already established.
7. Bufferyards may contain natural water amenities or areas established for drainage; provided that, planting requirements are still satisfied.
8. Where drainage and utility easements.
(d) Use of bufferyards.
1. A bufferyard may be used for passive recreation; it may contain pedestrian, bike or equestrian trails; provided that, no plant material is eliminated, the total width of the bufferyard is not reduced, and all other regulations of the ordinance are met.
2. In no event, however, shall permanent structures be permitted in bufferyards including ice-skating rinks, stables, swimming pools and tennis courts.
(e) Ownership of bufferyards. Bufferyards may remain in the ownership of the original developer of a land use, or they may be subjected to deed restrictions and subsequently be freely conveyed, or they may be transferred to any consenting grantees, such as adjoining landowners, a park or forest preserve, or an open space or conservation group; provided that, any such conveyance adequately guarantees the protection of the bufferyards for the purposes of this chapter.
(f) Excess bufferyard. Where the bufferyard required between a land use and vacant land turns out to be greater than that bufferyard which is required between the first use and the subsequently developed use, the following uses apply.
1. The subsequent use may provide one half of the buffer required. The existing use may expand its use into the original buffer area, provided that the resulting total bufferyard between the two uses meets the bufferyard requirements.
2. The existing use may enter into agreements with abutting landowners to use its existing buffer to provide some or all of the required bufferyard of both land uses. The total buffer shall equal the requirements; provided that, such an agreement can be negotiated, the initial use may provide the second use some or all of its required bufferyard and/or extra land on which it might develop. The existing use may reduce its excess buffer by transferring part or the entire excess buffer to the adjoining landowner to serve as its buffer. Any remaining excess buffer area may be used by the existing use for expansion of that use or for transfer by it to the adjoining landowner to expand that adjoining use.
(g) Bufferyard between like uses. Where a bufferyard is required in a zoning district where the proposed use is similar to existing, surrounding uses in terms of land use, size, density and lot size, the bufferyard may be waived at the discretion of the Director. Such waiver (or denial of a waiver) by the Director shall be made in writing, justifying the decision.
Rural Bufferyard Requirements | ||||||||||||||
Adjacent District | District of Proposal Use | |||||||||||||
C | AP | AG | R-1 | R-2 | R-3 | R-4, MF | PB | LB | GB | UB | AB | I-1 | I-2 | |
Rural Bufferyard Requirements | ||||||||||||||
Adjacent District | District of Proposal Use | |||||||||||||
C | AP | AG | R-1 | R-2 | R-3 | R-4, MF | PB | LB | GB | UB | AB | I-1 | I-2 | |
C | - | - | - | - | - | - | - | - | - | - | - | - | - | - |
AP | - | - | Ag | Ag | Ag | Ag | Ag | Ag | Ag | Ag | Ag | Ag | Ag | Ag |
AG | - | - | Ag | Ag | Ag | Ag | Ag | A/B * | A/C * | A/E * | - | A/G * | A/H * | A/I * |
R-1 | - | - | Ag | B | C | D | D | D | E | G | - | I | J | K |
R-2 | - | - | Ag | C | B | D | D | D | E | G | - | I | J | K |
R-3 | - | - | Ag | D | C | B | B | D | E | G | - | I | J | K |
R-4, MF | - | - | Ag | D | C | B | B | D | E | G | - | I | J | K |
PB | - | - | A | D | D | D | D | A | A | B | - | C | C | C |
LB | - | - | A | E | E | E | E | A | A | A | - | C | C | C |
GB | - | - | A | G | G | G | G | A | A | A | - | C | C | D |
UB | - | - | A | H | H | H | H | D | C | A | - | A | B | C |
AB | - | - | A | I | I | I | I | E | D | C | - | A | A | B |
I-1 | - | - | A | J | J | J | J | E | D | C | - | B | A | A |
I-2 | - | - | F | K | K | K | K | F | E | D | - | C | A | A |
PUD | @ | @ | @ | @ | @ | @ | @ | @ | @ | @ | @ | @ | @ | @ |
Streets | ||||||||||||||
Collector (interstate or primary roadway) | F | F | F | C | D | E | ||||||||
Sub collector (secondary roadway) | D | D | D | B | B | C | D | F | G | H | ||||
Feeder | - | - | - | B | B | B | B | B | D | F | - | G | H | I |
Access | - | - | - | B | B | B | B | B | B | C | - | D | E | F |
NOTES TO TABLE:
* = In areas abutting existing residential use or agricultural use, the more restrictive bufferyard shall apply. - = No bufferyard required. @ = As determined by the town. | ||||||||||||||
Table 15: Rural Plant Materials Recommended for Bufferyards | ||||||
Scientific Name | Common Name | Soil Type | Growth Rate | |||
Hydric | Mesic | Xeric | Fast | Slow | ||
Table 15: Rural Plant Materials Recommended for Bufferyards | ||||||
Scientific Name | Common Name | Soil Type | Growth Rate | |||
Hydric | Mesic | Xeric | Fast | Slow | ||
Canopy Trees
| ||||||
Acer spp. | Maple | |||||
Aesculus hippocastanum | Common Horsechestnut | |||||
Ailanthus altissima | Tree of Heaven | |||||
Betula spp. | Birch | |||||
Carya spp. | Hickory | |||||
Catalpa spp. | Northern Catalpa | |||||
Celtis occidentalis | Common Hackberry | |||||
Fagus grandifolia | American Beech | |||||
Fraxinus spp. | Ash | |||||
Ginkgo biloba | Ginkgo Tree | |||||
Gleditsia spp. | Honeylocust | |||||
Gymnocladus diocius | Kentucky Coffeetree | |||||
Juglans spp. | Walnut | |||||
Plantanus spp. | Sycamore | |||||
Populus spp. | Poplar | |||||
Prunus serotina | Black Cherry | |||||
Quercus spp. | Oak | |||||
Salix spp. | Willow | |||||
Tilia spp. | Linden | |||||
Ulmus spp. | Elm | |||||
Canopy Trees - Evergreen
| ||||||
Abies spp. | Fir | |||||
Juniperus spp. | Juniper | |||||
Larix spp. | Larch | |||||
Picea spp. | Spruce | |||||
Pinus spp | Pine | |||||
Thuja occidentalis | American Arborvitae | |||||
Tsuga canadensis | Canadian Hemlock | |||||
Understory Trees
| ||||||
Acer spp. | Maple | |||||
Aesculus glabra Ohio | Buckeye | |||||
Alnus spp. | Alder | |||||
Amelanchier spp. | Serviceberry | |||||
Betula spp. | Birch | |||||
Carpinus carolinia | American Hornbeam | |||||
Cercidiphyllum japonicum | Japanese Katsuratree | |||||
Chionanthus virginicus | White Fringetree | |||||
Cornus spp. Dogwood / | Cherry | |||||
Crataegus spp. | Hawthorn | |||||
Eleagnus spp. | Olive | |||||
Euonymus atropurpureus | Eastern Wahoo | |||||
Lindera benzoin | Spicebush | |||||
Magnolia spp. | Magnolia | |||||
Malus spp. | Crab Apple | |||||
Morus alba | White Mulberry | |||||
Ostrya Virginia | Ironwood | |||||
Prunus spp. | Plum | |||||
Pyrus spp. | Pear | |||||
Syringa japonica | Japanese Tree Lilac | |||||
Shrubs
| ||||||
Amorpha fruticosa | Indigo Bush | |||||
Aronia spp. | Chokeberry | |||||
Berberis thunbergi | Japanese Barberry | |||||
Calycanthos floridus | Carolina Allspice | |||||
Caragana spp. | Peashrub | |||||
Ceanothus americanus | New Jersey Tea | |||||
Celastrus scandens | American Bittersweet | |||||
Cephalanthus occidentalis | Button Bush | |||||
Chaenomeles spp. | Quince | |||||
Cornus spp. | Dogwood | |||||
Corylus americana | American Hazelnut | |||||
Cotinus coggygria | Smokebush | |||||
Cotoneaster spp. | Cotoneaster | |||||
Deutzia gracilis | Slender Deutzia | |||||
Euonymus alatus | Burning Bush | |||||
Forsythia spp. | Forsythia | |||||
Hamamelis spp. | Witchhazel | |||||
Hydrangea spp. | Hydrangea | |||||
Hypericum spp. | St. Johns Wort | |||||
Ligustrum spp. | Privit | |||||
Lonicera spp. | Honeysuckle | |||||
Myrica pennsylvanica | Northern Bayberry | |||||
Prunus spp. | Plum | |||||
Ptelea trifoliata | Hope Tree | |||||
Rhamnus frangula | Buckthorn | |||||
Rhodotypes scandens | Black Jetbead | |||||
Rhus spp. | Sumac | |||||
Ribes spp. Gooseberry | Gooseberry | |||||
Rosa spp. | Rose | |||||
Rubus spp. | Raspberry | |||||
Sambucus canadensis | Elderberry | |||||
Shepherdia canadensis | Buffaloberry | |||||
Spiraea spp. | Spirea | |||||
Symphoricarpos orbiculatus | Indian Currant | |||||
Syringa spp. | Lilac | |||||
Viburnum spp. | Viburnum | |||||
Evergreen Shrubs
| ||||||
Juniperus spp. | Juniper | |||||
Pinus mugo Mugo | Pine | |||||
Taxus spp. | Yew | |||||
(Ord. 2000-16, passed 8-28-2000, § 3.17; Ord. 2016-04, passed 4-5-2016)
§ 194.112 URBAN WORKS OF ART.
(A) Works of art that are clearly artistic in nature and which do not promote commercial interests are allowed and exempt from this chapter.
(B) If, in the discretion of the Director of Planning, it is determined that there is a commercial message or interest incorporated into the work of art said work of art shall be considered a sign and shall only be permitted and regulated as such:
(C) Two dimensional works of art placed on the facade of buildings shall not exceed 30% of the facade of a building which they are placed.
(D) Appeals of the decision of the Director shall be made pursuant to § 194.202 of this chapter.
(Ord. 2000-16, passed 8-28-2000, § 3.18; Ord. 2008-08, passed 5-5-2008)
§ 194.113 LIGHTING STANDARDS.
(A) Lighting standards: general.
(1) It is the intent of lighting standards to provide for illumination levels on individual lots which are adequate for the safe and efficient movement of individuals or vehicles to and from a lot and within a lot. Light intensity shall not be so great as to cause objectionable glare beyond any lot line.
(2) No use shall produce light or glare creating a nuisance or hazard perceptible from any point beyond the lot lines.
(3) A lighting plan for proposed development shall be filed as part of the development plan application, per § 194.126 of this chapter.
(4) New or replacement lighting fixtures. Lighting standards shall apply to the installation of new outdoor lighting fixtures or the replacement of existing outdoor fixtures. Replacement of a fixture shall mean a change of fixture type or change to the mounting height or location of the fixture. Routine lighting fixture maintenance, such as changing lamps or light bulbs, ballast, starter, photo control, housing, lenses and other similar components, shall not constitute replacement and shall be permitted provided such changes do not result in a higher lumen output.
(5) Wavelength. Light from fixtures shall be outputted at a wavelength at or above 500nm to limit blue light.
(6) Color temperature. Light from fixtures shall have a correlated color temperature at or above 3000 degrees kelvin and below 4000 degrees kelvin to aid in visibility at night and protect circadian rhythm of nocturnal environments.
(B) Lighting standards: Urban B-0 / B-1 / B-2 / B-3 / VBD / I-ORT /1-1 /1-2 /1-3 / R-V / SU / PUD / R-MF-1 / R-MF-2. All lighting in Business, Industrial, Special Use Districts, and Planned Unit Development Districts, as well as the R-MF-1 and RMF-2 Districts, and shall comply with the following regulations. PUD Planned Unit Development Districts shall comply with the following unless unique standards are identified in the adopted preliminary Planned Unit Development district or ordinance.
(1) Style.
(a) Lighting of all off-street parking areas, outside storage, or outdoor operations shall be a “shoebox” style lighting. Specific to B-l and VBD, bronze “shoebox” style lighting shall be used.
(b) All exterior lighting, including wall pack lighting, shall be of metal halide or LED.
(2) Uniformity.
(a) Light standards and fixtures on a lot, including free-standing light fixtures and those attached to buildings, security lights, and architectural lights, shall be of consistent design and materials.
(b) Parking lot lights shall be of uniform size, design and height.
(3) Cutoff. All free-standing lights shall be of either a “down lighting” style with the light element completely shielded on all sides and the top; or be equipped with a refractor so as to direct light downward onto the lot.
(4) Light trespass. Lighting shall not cause illumination beyond any lot line or onto any right-of-way, based upon the zoning district of the real estate on the opposite side of such lot line or right-of-way, in excess of:
(a) If adjoining business or industrial districts - one foot candle.
(b) If adjoining open land, residential or special use districts - one-half foot candle.
(5) Architectural or sign lighting. Lighting shall be so directed and shielded so that the light element is not visible from any point along an adjacent public right-of-way.
(6) Color temperature. VBD: Light from fixtures shall have a correlated color temperature at or above 3000 degrees Kelvin and at or below 3500 degrees Kelvin to aid in visibility at night and protect circadian rhythm of nocturnal environments.
(C) Lighting standards: MRO. All lighting in U.S. Highway 421 - Michigan Road Corridor Overlay District shall comply with the following regulations:
(1) Uniformity.
(a) Light standards and fixtures on a lot, including free-standing light fixtures and those attached to buildings, security lights, and architectural lights within the development area shall be of consistent and uniform design and materials.
(b) Parking lot streetlights shall also be of uniform height not to exceed 24 feet. Luminaries for such lights shall be in proportion to the pole diameter and height.
1. Poles up to 12 feet in height: Minimum diameter of six inches.
2. Poles between 12 and 24 feet in height: Minimum diameter of eight inches.
(2) Cutoff. All lights within gas station canopies and adjacent to residential areas shall be of a “down lighting” type with the light element completely shielded on all sides and top. The Plan Commission may approve decorative lighting should it be more appropriate to the overall site design.
(3) Light trespass. Lighting shall not cause illumination beyond any lot line or onto any right-of-way, based upon the zoning district of the real estate on the opposite side of such lot line or right-of-way, in excess of:
(a) If adjoining business or industrial districts - 0.3 foot candle.
(b) If adjoining open land, residential or special use districts - 0.1 foot candle.
(D) Lighting standards: rural.
(1) In any district, outdoor lighting, where provided, shall be shall be of a design and size that is harmonious with the design of the building, the type of land use, and the type of adjacent land uses.
(2) If external spot or flood lighting is used, the light source should be shielded and restrained in such a manner so as not to illuminate or intrude on surrounding properties.
(3) Excessive brightness, flashing lights, and brilliant colors are not permitted.
(4) Lighting provided to illuminate off-street parking areas shall be so arranged, shielded and directed upon the parking area in such a manner as to not reflect or cause glare into adjacent properties or interfere with street traffic.
(Ord. 2016-04, passed 4-5-2016)