Title XV: Land Usage

<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0> <table cellpadding=0 cellspacing=0 border=0><tr> <td valign="top" rowspan="3" width=174 BGCOLOR="#000000" TEXT="#F7F7FF"> <div> <IMG SRC="52eaac70.jpg" border=0 width="170" height="199" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></div> <div> <a href="http://www.amberalertindiana.com" target="_blank"><img src="http://www.amberalertindiana.com/showbutton.php" width="155" height="50" border="0"></a></div> <div> <A HREF="id31.htm" TARGET="_top" TITLE="Special Bulletins"><U><IMG SRC="0558c320.jpg" border=0 width="140" height="50" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A></div> <div> <A HREF="id19.htm" TARGET="_top" TITLE="Services"><U><IMG SRC="0578c320.jpg" border=0 width="140" height="50" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A></div> <div> <A HREF="id20.htm" TARGET="_top" TITLE="Government"><U><IMG SRC="0598c320.jpg" border=0 width="140" height="50" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A></div> <div> <A HREF="id22.htm" TARGET="_top" TITLE="Contact Us"><U><IMG SRC="05b8c320.jpg" border=0 width="140" height="50" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A></div> <bR> </td> <td valign="top" colspan=2 height=157 BGCOLOR="#000000" TEXT="#F7F7FF"> <div> <IMG SRC="52503780.jpg" border=0 width="771" height="120" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></div> <div> <A HREF="id17.htm" TARGET="_top" TITLE="Welcome Home"><U><IMG SRC="52676230.jpg" border=0 width="118" height="35" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A><A HREF="id18.htm" TARGET="_top" TITLE="About Us"><U><IMG SRC="52c6d230.jpg" border=0 width="109" height="35" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A><A HREF="id29.htm" TARGET="_top" TITLE="Local News"><U><IMG SRC="52b69230.jpg" border=0 width="105" height="35" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A><A HREF="id30.htm" TARGET="_top" TITLE="Local Weather"><U><IMG SRC="52a6d230.jpg" border=0 width="109" height="35" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A><A HREF="id21.htm" TARGET="_top" TITLE="Local Links"><U><IMG SRC="5296f230.jpg" border=0 width="111" height="35" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A><A HREF="id22.htm" TARGET="_top" TITLE="Contact Us"><U><IMG SRC="52869230.jpg" border=0 width="105" height="35" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></U></A><IMG SRC="52772230.jpg" border=0 width="114" height="35" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></div> <div> </div> </td> </tr><tr> <td valign="top" height=303 BGCOLOR="#FFFFFF" TEXT="#080000"> <div> Title XV: Land Usage: Land Usage</div> <div> <B>TITLE XV:  LAND USAGE</B></div> <div> Chapter</div> <bR> <div> 150.     BUILDING REGULATIONS</div> <div> 151.     SUBDIVISION CONTROL REGULATIONS</div> <div> APPENDIX A:  CERTIFICATION FORMS</div> <div> APPENDIX B:  MINIMUM STREET DESIGN STANDARDS</div> <div> 152.     ZONING</div> <div> APPENDIX A:  LOT AREA REGULATIONS IN RESIDENTIAL PERMITTED ZONE</div> <div> APPENDIX B:  SIDE YARD LIMITS</div> <div> APPENDIX C:  INTENSIVE LIVESTOCK OPERATIONS; APPLICATION SETBACKS</div> <bR> <div> <B>CHAPTER 150:  BUILDING REGULATIONS</B></div> <div> Section</div> <bR> <div> Building Code</div> <div> 150.01     Title</div> <div> 150.02     Purpose</div> <div> 150.03     Authority of Building Commissioner</div> <div> 150.04     Scope</div> <div> 150.05     Adoption of Building Rules of the Indiana Fire Prevention and Building Safety Commission</div> <div> 150.06     Application for permits</div> <div> 150.07     Permit required</div> <div> 150.08     Compliance with other regulations</div> <div> 150.09     Review of application</div> <div> 150.10     Inspections</div> <div> 150.11     Right of entry</div> <div> 150.12     Stop-work order</div> <div> 150.13     Certificate of occupancy</div> <div> 150.14     Work standards</div> <div> 150.15     Violations</div> <div> 150.16     Right of appeal</div> <div> 150.17     Remedies</div> <div> 150.99     Penalty</div> <bR> <div> <B>BUILDING CODE</B></div> <div> § <B>150.01  TITLE.</B></div> <div> This subchapter, and all ordinances supplemental or amendatory hereto, shall be known as the “Building Code of the City of Berne, Indiana,” may be cited as such, and will be referred to herein as “this code.”</div> <div> (Ord. 335, passed 12-15-86)</div> <bR> <div> § <B>150.02  PURPOSE.</B></div> <div> The purpose of this code is to provide minimum standards for the protection of life, limb, health, environment, public safety and welfare, and for the conservation of energy in the design and construction of buildings and structures.</div> <div> (Ord. 335, passed 12-15-86)</div> <bR> <div> § <B>150.03  AUTHORITY OF BUILDING COMMISSIONER.</B></div> <div> The Building Commissioner of Adams County, hereinafter referred to as “the Building Commissioner” after having been designated as the officer of a single agency to administer and enforce this code, is authorized in the name of the city to issue building permits, collect permit fees, perform inspections, order correction of violations of this code and authorize occupancy of buildings and structures within the corporate limits of the city.</div> <div> (Ord. 335, passed 12-15-86)</div> <bR> <div> § <B>150.04  SCOPE.</B></div> <div> The provisions of this code apply to the construction, alterations, repair, use, occupancy, maintenance and additions to all buildings and structures, other than fences.</div> <div> (Ord. 335, passed 12-15-86)</div> <bR> <div> § <B>150.05  ADOPTION OF BUILDING RULES OF THE INDIANA FIRE PREVENTION AND BUILDING SAFETY COMMISSION.</B></div> <div> (A)     Building rules of the Indiana Fire Prevention and Building Safety Commission as set out in the following articles of I.A.C. 675 are incorporated by reference in this code and shall include later amendments to those articles as the same are published in the Indiana Register or the Indiana Administrative Code with effective dates as fixed therein.</div> <div> (1)     Article 13: Building Codes.</div> <div> (a)     Fire and Building Safety Standards.</div> <div> (b)     Indiana Building Code.</div> <div> (c)     Indiana Building Code Standards.</div> <div> (d)     Indiana Handicapped Accessibility Code.</div> <div> (2)     Article 14: One and Two Family Dwelling Codes.</div> <div> (a)     Council of American Building Officials One and Two Family Dwelling Code.</div> <div> (b)     CABO One and Two Family Dwelling Code; Amendments.</div> <div> (c)     Standard for Permanent Installation of Manufactured Homes.</div> <div> (3)     Article 16: Plumbing Codes.  Indiana Plumbing Code.</div> <div> (4)     Article 17: Electrical Codes.</div> <div> (a)     Indiana Electrical Code.</div> <div> (b)     Safety Code for Health Care Facilities.</div> <div> (5)     Article 18: Mechanical Codes.  Indiana Mechanical Code.</div> <div> (6)     Article 19: Energy Conservation Codes.</div> <div> (a)     Indiana Energy Conservation Code.</div> <div> (b)     Modifications to the Model Energy Code.</div> <div> (7)     Article 20: Swimming Pool Codes.  Indiana Swimming Pool Code.</div> <div> (B)     Copies of adopted building rules, codes and standards are on file in the office of the Building Commissioner.</div> <div> (Ord. 335, passed 12-15-86; Am. Ord. 347, passed 4-11-88)</div> <bR> <div> § <B>150.06  APPLICATION FOR PERMITS.</B></div> <div> No permits shall be issued for the foregoing purposes unless the application for the permit is accompanied by a plat or sketch of the proposed location, showing lot boundaries, and by plans and specifications showing the work to be done. All plans for building construction under the authority of the Fire Prevention and Building Safety Commission of Indiana must also be filed with the State Building Commissioner. No local permits shall be issued hereunder until a copy of a release for construction from the State Building Commissioner is received by the Building Commissioner.</div> <div> (Ord. 335, passed 12-15-86)  Penalty, see § 150.99</div> <bR> <div> § <B>150.07  PERMIT REQUIRED.</B></div> <div> A permit shall be obtained before beginning construction, alteration or repair of any building or structure, the cost of which exceeds $500, using forms furnished by the Building Commissioner. All permits shall be issued by the Building Commissioner, and all fees provided for herein shall be paid to the County Treasurer.</div> <div> (Ord. 335, passed 12-15-86)  Penalty, see § 150.99</div> <bR> <div> §<B> 150.08  COMPLIANCE WITH OTHER REGULATIONS.</B></div> <div> All work done under any permit issued hereunder shall be in full compliance with all other city ordinances pertaining thereto.</div> <div> (Ord. 335, passed 12-15-86)  Penalty, see § 150.99</div> <bR> <div> § <B>150.09  REVIEW OF APPLICATION.</B></div> <div> Prior to the issuance of any building permit hereunder, the Building Commissioner shall review all building permit applications to determine full compliance with the provisions of this code.</div> <div> (Ord. 335, passed 12-15-86)</div> <bR> <div> § <B>150.10  INSPECTIONS.</B></div> <div> After the issuance of any building permit hereunder, the Building Commissioner shall make, or shall cause to be made, inspections of the work being done under the permit as are necessary to insure full compliance with the provisions of this code and the terms of the permit. Further inspections of work found to be incomplete or not ready for inspection are subject to assessment of reinspection fees.</div> <div> (Ord. 335, passed 12-15-86)</div> <bR> <div> § <B>150.11  RIGHT OF ENTRY.</B></div> <div> Upon presentation of proper credentials, the Building Commissioner or his duly authorized representatives may enter at reasonable times any building, structure or premises in the city to perform any duty imposed upon him by this code.</div> <div> (Ord. 335, passed 12-15-86)  Penalty, see § 150.99</div> <bR> <div> § <B>150.12  STOP-WORK ORDER.</B></div> <div> Whenever any work is being done contrary to the provisions of this code, the Building Commissioner may order the work stopped by notice in writing served on any persons engaged in the doing or causing the work to be done, and any and all persons shall forthwith stop work until authorized by the Building Commissioner to proceed with the work.</div> <div> (Ord. 335, passed 12-15-86)  Penalty, see § 150.99</div> <bR> <div> § <B>150.13  CERTIFICATE OF OCCUPANCY.</B></div> <div> No certificate of occupancy for any building or structure erected, altered or repaired after the adoption of this code shall be issued unless the building or structure was erected, altered or repaired in compliance with the provisions of this code.</div> <div> (Ord. 335, passed 12-15-86)</div> <bR> <div> §<B> 150.14  WORK STANDARDS.</B></div> <div> All work on the construction, alteration and repair of buildings and other structures shall be performed in a good and workmanlike manner according to accepted standards and practices in the trade.</div> <div> (Ord. 335, passed 12-15-86)  Penalty, see § 150.99</div> <bR> <div> §<B> 150.15  VIOLATIONS.</B></div> <div> It shall be unlawful for any person, firm or corporation, whether as owner, lessee, sub-lessee, or occupant, to erect, construct, enlarge, alter, repair, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure, other than fences, in the city or cause or permit the same to be done, contrary to or in violation of the provisions of this code.</div> <div> (Ord. 335, passed 12-15-86)  Penalty, see § 150.99</div> <bR> <div> § <B>150.16  RIGHT OF APPEAL.</B></div> <div> All persons shall have the right to appeal the Building Commissioner's decision first to the Board of County Commissioners, and then to the executive Committee of the Administrative Building Council of Indiana, in accordance with the provisions of I.C. 22-12-7.</div> <div> (Ord. 335, passed 12-15-86)</div> <bR> <div> § <B>150.17  REMEDIES.</B></div> <div> The City Attorney, upon receipt of a written notice from the Building Commissioner, that after having issued a lawful notice and order to abate a violation of this code, and after a reasonable time for compliance has expired, shall bring action in the County Circuit or Superior Courts, for mandatory and injunctive relief in the enforcement of and to secure compliance with any order or orders made by the Building Commissioner, and any action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this code.</div> <div> (Ord. 335, passed 12-15-86)</div> <bR> <div> § <B>150.99  PENALTY.</B></div> <div> If any person, firm or corporation shall violate any of the provisions of this code, or shall do any act prohibited herein, or shall fail to perform any duty lawfully enjoined, within the time prescribed by the Building Commissioner, or shall fail, neglect or refuse to obey any lawful order given by the Building Commissioner in connection with the provisions of this code, for each violation, failure or refusal, the person, firm or corporation shall be fined in any sum not less than $25, nor more than $500. Each day of unlawful activity as is prohibited shall constitute a separate offense.</div> <div> (Ord. 335, passed 12-15-86)</div> <bR> <div> <B>CHAPTER 151:  SUBDIVISION CONTROL REGULATIONS</B></div> <div> Section</div> <bR> <div> General Provisions</div> <div> 151.001     Title</div> <div> 151.002     Statutory authority</div> <div> 151.003     Compliance required</div> <div> 151.004     Jurisdiction</div> <div> 151.005     Application</div> <div> 151.006     Required restrictions</div> <div> 151.007     Sale of land</div> <div> 151.008     Installation of improvements</div> <div> 151.009     Detailed plan submission</div> <div> 151.010     Minimum requirements</div> <div> 151.011     Rules of construction</div> <div> 151.012     Definitions</div> <bR> <div> Primary Plat</div> <div> 151.025     Primary considerations</div> <div> 151.026     Primary plat</div> <div> 151.027     Primary plat requirements</div> <bR> <div> Secondary Plat</div> <div> 151.040     Filing of secondary plat</div> <div> 151.041     Requirements</div> <div> 151.042     Improvement plans and specifications</div> <div> 151.043     Performance guarantees</div> <bR> <div> Design Standards</div> <div> 151.055     Minimum design standards</div> <div> 151.056     Streets</div> <div> 151.057     Blocks</div> <div> 151.058     Lots</div> <div> 151.059     Easements</div> <div> 151.060     Public use areas</div> <div> 151.061     Topography, natural vegetation and flooding</div> <bR> <div> Improvements</div> <div> 151.075     Subdivider responsibility</div> <div> 151.076     Streets</div> <div> 151.077     Curbs and gutters</div> <div> 151.078     Sidewalks</div> <div> 151.079     Sewage disposal</div> <div> 151.080     Water supply</div> <div> 151.081     Privately developed facilities</div> <div> 151.082     Storm drainage</div> <div> 151.083     Public utilities</div> <div> 151.084     Landscape development</div> <div> 151.085     Monuments and markers</div> <div> 151.086     Cluster development</div> <div> 151.087     Recreative space requirements</div> <div> 151.088     Erection of uniform mailbox bases and stands</div> <bR> <div> Administration</div> <div> 151.100     Offices established</div> <div> 151.101     Plan Commission</div> <div> 151.102     Highway Department</div> <div> 151.103     Surveyor's office</div> <div> 151.104     Health office</div> <div> 151.105     Common Council</div> <bR> <div> Permits and Certificates</div> <div> 151.115     Improvement location permit and certificate of occupancy</div> <div> 151.116     Certification forms</div> <div> 151.117     Inspections</div> <div> 151.118     Acceptance of improvements</div> <div> 151.119     Record</div> <div> 151.120     Fees</div> <div> 151.999     Penalty</div> <bR> <div> Appendix A:  Certification forms</div> <div> Appendix B:  Minimum street design standards</div> <bR> <div> <B>GENERAL PROVISIONS</B></div> <div> §<B> 151.001  TITLE.</B></div> <div> This chapter shall be known and may be cited as the “Subdivision Control Regulations” of the City of Berne, Indiana.</div> <div> (Ord. 466, § 4-1-1, passed 5-11-98)</div> <bR> <div> § <B>151.002  STATUTORY  AUTHORITY.</B></div> <div> This chapter is adopted pursuant to I.C. 36-7-4 and all acts supplemental and amendatory to it.</div> <div> (Ord. 466, § 4-2-1, passed 5-11-98)</div> <bR> <div> § <B>151.003  COMPLIANCE REQUIRED.</B></div> <div> Except as otherwise provided in this chapter, no person shall subdivide any parcel of land which is located within the territorial jurisdictional area of the City Plan Commission unless it be in conformity with the provisions of this chapter.</div> <div> (Ord. 466, § 4-2-2, passed 5-11-98)  Penalty, see § 151.999</div> <bR> <div> § <B>151.004  JURISDICTION.</B></div> <div> The jurisdiction of this chapter shall consist of all real property within the corporate limits of the city and all real property located within the unincorporated area of Adams County, depicted in the survey recorded as Record Plat 4, pages 673-675 in the Recorder's Office.</div> <div> (Ord. 466, § 4-2-4, passed 5-11-98)</div> <bR> <div> § <B>151.005  APPLICATION.</B></div> <div> This chapter is not intended to interfere with, abrogate or amend any easements, covenants or other agreements existing prior to adoption. This chapter is not intended to repeal, abrogate, annul or in any way interfere with any provisions of laws or articles existing prior to adoption; or any rules, regulations or permits adopted or issued pursuant to law before that date relating to the use of buildings or premises. The enactment of this chapter shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any article or part of provision of any article of the city prior to the taking effect of this chapter.</div> <div> (Ord. 466, § 4-2-5, passed 5-11-98)</div> <bR> <div> § <B>151.006  REQUIRED RESTRICTIONS.</B></div> <div> Each final plat submitted to the Commission for approval shall contain statements in the restrictive covenants providing for the following items:</div> <div> (A)     All utility easements as dedicated on the face of the plat shall be kept free of all permanent structures, and the removal of any obstructions, such as structures, trees, shrubbery, fences, or other installation thereon, whether temporary or permanent, by a utility company, shall in no way obligate the utility company in damages, or to restore the obstruction to its original form.</div> <div> (B)     Before any lot or tract located within the subdivision may be used and occupied, the user or occupier shall first obtain from this Zoning Administrator the improvement location permit required by the zoning ordinance.</div> <div> (C)     Before any house or building on any lot or tract in the subdivision shall be used and occupied as a dwelling or as otherwise provided in subdivision restrictions, the developer or any subsequent owner of the lot or tract shall install all improvements serving the lot or tract as provided in the plans and specifications filed with the Commission.</div> <div> (D)     Before any house or building on any lot or tract in the subdivision shall be used or occupied as a dwelling or as otherwise provided in the subdivision restrictions and zoning chapters, the developer or any subsequent owner of the lot or tract shall first obtain from the Zoning Administrator the certificate of occupancy as required by the zoning ordinance.</div> <div> (E)     Prohibiting individual or collective injunctive action against nuisances such as noise, dust or odors arising from normal agricultural operations which may abut or be near the subdivision.</div> <div> (F)     Prohibit owners or visitors from parking along roads in such a way that passage of farm machinery would be impeded.</div> <div> (G)     The approval of the County Health Department herein granted is subject further to compliance with 410 I.A.C. 6-8.1 and Chapter 51 of this code, the Sewer Use Ordinance as from time to time amended. Approval by the Health Department herein does not represent or warrant that any particular lot in the subdivision is suitable for an on-site sewage disposal system that would be in compliance with the applicable rules and regulations of the state and city and the determination of the suitability of the lot for those purposes is the sole responsibility of the purchaser of any lot.</div> <div> (Ord. 466, § 4-2-6, passed 5-11-98)</div> <bR> <div> § <B>151.007  SALE OF LAND.</B></div> <div> No lot, tract, or parcel of land within any subdivision, as defined in § 151.012, shall be offered for sale, nor shall any sale or contract for sale be given until the subdivision plans have been properly reviewed and officially approved by the Plan Commission and by the Common Council.</div> <div> (Ord. 466, § 4-2-7, passed 5-11-98)  Penalty, see § 151.999</div> <bR> <div> §<B> 151.008  INSTALLATION OF IMPROVEMENTS.</B></div> <div> No improvements, such as sidewalks, water supply, storm water drainage, sewerage facilities, gas service, electric service or lighting, or grading, paving, or surfacing of any street shall be made within any subdivision platted after the effective date of this chapter by any owner or owners or his or their agent, or by any public service corporation at the request of the owner or owners by his or their agent until the plat for the subdivision, and also the plans for the improvements have been properly reviewed and officially approved by the Plan Commission and by the Common Council.</div> <div> (Ord. 466, § 4-2-8, passed 5-11-98)  Penalty, see § 151.999</div> <bR> <div> § <B>151.009  DETAILED PLAN SUBMISSION.</B></div> <div> Where a tract of land is proposed to be subdivided in several stages over a period of years, and the subdivider intends to request approval in parts, he shall, at the time of submission of the first part, submit a detailed plan of the entire tract to be eventually developed, with appropriate sectioning to demonstrate to the Plan Commission that the total design as proposed for the entire subdivision is feasible. The Plan Commission may give primary approval to the overall plan and secondary approval on the parts as submitted from time to time.</div> <div> (Ord. 466, § 4-2-9, passed 5-11-98)  Penalty, see § 151.999</div> <bR> <div> §<B> 151.010  MINIMUM REQUIREMENTS.</B></div> <div> The provisions of this chapter shall be held to be the minimum requirements necessary in the subdivision of land.</div> <div> (Ord. 466, § 4-2-10, passed 5-11-98)</div> <bR> <div> § <B>151.011  RULES OF CONSTRUCTION.</B></div> <div> (A)     Citations to this chapter shall be by subchapter, section, division and subdivision.  (Ord. 466, § 4-3-1, passed 5-11-98)</div> <div> (B)     For the purpose of this chapter, certain words and phrases used herein shall be interpreted as follows:</div> <div> (1)     The word “person” includes an individual, firm, association, organization, partnership, trust, company, corporation or any other entity.</div> <div> (2)     The masculine includes the feminine.</div> <div> (3)     The present tense includes the past and future tenses, the singular number includes the plural.</div> <div> (4)     The word “shall” is a mandatory requirement, the word “may” is a permissive requirement, and the word “should” is a preferred requirement.</div> <div> (5)     The words “used” and “occupied” include the words “intended, arranged or designed to be used or occupied.”</div> <div> (Ord. 466, § 4-3-2, passed 5-11-98)</div> <div> (C)     Unless otherwise specified, all distances shall be measured horizontally, in any direction.  (Ord. 466, § 4-3-3, passed 5-11-98)</div> <bR> <div> § <B>151.012  DEFINITIONS.</B></div> <div> For the purpose of this chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.</div> <div> ALLEY.  A permanent public service-way, dedicated to public use, other than a street, place, road, crosswalk, or easement, designed to provide a secondary means of access for the special accommodation of abutting property.</div> <div> CLERK-TREASURER.  The Clerk-Treasurer of the City of Berne.</div> <div> BOARD.  The Board of Zoning Appeals.</div> <div> BLOCK.  A unit of property entirely surrounded by the public highways, streets, railroad rights-of-way, waterways, tract boundary line, or other barriers, or combination thereof.</div> <div> BUILDING SETBACK LINE or BUILDING LINE.  The line nearest the front or side of and across a lot establishing the minimum yard to be provided between the principal building or structure and the lot line.</div> <div> COMMISSION.  The Plan Commission.</div> <div> COMMON COUNCIL.  The Common Council of the City of Berne.</div> <div> CITY.  The City of Berne.</div> <div> CROSSWALK.  A strip of land dedicated to public use, which is reserved through a block to provide pedestrian access to adjacent areas.</div> <div> CUL-DE-SAC or COURT.  A short street having one end open to traffic and being permanently terminated by a vehicle turnaround.</div> <div> DEAD-END STREET.   A street having one of its ends closed with no provision for a vehicle turnaround.</div> <div> DESIGNATED OFFICIAL.  The person or persons designated by the Plan Commission to certify primary approval and sign the plat certifying secondary approval (President, Vice President or Executive Secretary [Director] of the Plan Commission).</div> <div> DRAINAGE RIGHT-OF-WAY. The lands required for the installation of storm water sewers or drainage ditches, where required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein.</div> <div> EASEMENT.  A grant by the property owner of the use of a strip of land by the public or a person for specified purposes.</div> <div> FLOODPLAIN.  Any floodplain, floodway or floodway fringe district or combination thereof as illustrated on the Flood Boundary and Floodway Map as prepared by the Federal Insurance Administration, and as modified and certified to by the County Surveyor.</div> <div> FLOOD-PRONE AREA.  All areas identified as being floodplain or flood-prone by the City Zoning Map or Flood Boundary and Floodway Map as prepared by the Federal Insurance Administration or as shown by the Indiana Natural Resources Commission.</div> <div> LOT.  A parcel of land of specific form and dimension, defined by a metes and bounds description or boundary lines in a recorded deed, or situated within a legally recorded plat, as designated by number or letter, for convenience and accuracy, in legal conveyance of the title thereto.</div> <div> LOT, CORNER.  A lot abutting two or more streets at their intersection, wherein the interior angle of intersection does not exceed 135 degrees.</div> <div> LOT, FRONT.  That part of a lot adjacent to and parallel with the street. The front of a corner lot shall be determined, at the time of application for the improvement location permit, by either the owner, builder, developer or their agent and the Zoning Administrator. Once the front is determined, the structure shall then be erected in conformity with the zoning ordinance and this chapter.</div> <div> LOT, INTERIOR.  Any lot other than a corner lot, including a through lot.</div> <div> LOT, THROUGH.  A lot having frontage on two parallel or approximately parallel streets.</div> <div> LOT WIDTH.  The lineal measurement of the building setback line on the affected lot.</div> <div> MAINTENANCE GUARANTEE.  Any security which may be accepted that guarantees certain improvements constructed under conditions set forth by the Commission shall, at the time they are accepted for public maintenance, be in such a condition as to require no additional work beyond normal upkeep.</div> <div> MASTER PLAN.  The complete plan, or any of its parts, serving as a guide for development of the city, prepared by or for the Commission and adopted by the Common Council, in accordance with the authority conferred by I.C. 36-7-4 and all acts amendatory thereto, as is now or may hereafter be in effect.</div> <div> PERFORMANCE GUARANTEE.  Any security which may be accepted in lieu of a requirement that certain improvements be made before security shall be filed with the Clerk-Treasurer prior to the release of the drawings of a final plat; including performance bonds, escrow agreements, and other similar collateral or surety agreements.</div> <div> PERSON.  A corporation or firm, partnership, association, organization, or any other group acting as a unit, as well as a natural person.</div> <div> PLACE. An open, unoccupied, officially designated space, other than a street or alley, permanently reserved as the principal means of access to abutting property.</div> <div> PLAT.  The map or drawings of all or a portion of a parcel of land which is being or is proposed to be subdivided for the purpose, whether immediate or future, of transfer of ownership subsequent to the adoption of this chapter.</div> <div> PLAT OFFICER.  The officer designated and authorized by the Commission to enforce the subdivision regulations. The Executive Secretary (Director) of the Commission.</div> <div> PLAT, PRIMARY.  The drawings, maps and documents indicating the proposed layout of the subdivision which is submitted to the Plan Commission for consideration and tentative approval.</div> <div> PLAT, SECONDARY.  The final map or drawings of all or a portion of the subdivision which is presented to the Commission for secondary approval in accordance with this chapter, and which, if approved, shall be filed with the County Recorder for the purpose of recordation and taxation prior to the transfer of ownership of any parcel, tract, or lot as approved.</div> <div> REGULATORY FLOOD .  Flood having a peak discharge which can be expected to be equaled or exceeded on the average of once in a 100-year period, as calculated by the method and procedure which is acceptable to and approved by the Indiana Natural Resources Commission. This flood is equivalent to a flood having the probability of occurrence of 1% in any given year.</div> <div> ROAD SETBACK LINE.  The line established by a city road setback resolution along certain designated public roads.</div> <div> SKETCH PLAN.  A freehand pencil drawing showing, with reasonable accuracy, the proposed locations of streets and lots within the proposed subdivision.</div> <div> STREET.  A right-of-way, other than an alley, dedicated or otherwise legally established to the public use, usually affording the principal means of access to abutting property. A street may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive, or other appropriate name. The arterial thoroughfares and primary and secondary streets are designated on the thoroughfare map (Plate 7) of the Master Plan for the city. For the purpose of this chapter, streets shall be classified as follows:</div> <div> ARTERIAL THOROUGHFARES.  These facilities serve to move traffic on Indiana and U.S. marked routes. Where a highway is a non-limited access route, these facilities also perform a secondary function of providing direct access to abutting land and thus interconnect principal traffic generators.</div> <div> LOCAL OR RESIDENTIAL STREETS.  The sole function of these streets is to provide access to the immediately adjacent property. Local access streets are intended to carry low volumes of traffic.</div> <div> MARGINAL ACCESS STREET.  A street designated to connect not more than two streets and which normally parallels an arterial thoroughfare, or a primary or secondary street, and is not separated from the thoroughfare or street by a lot or a tier of lots, and which is specifically so designated and approved on the plat of the subdivision.</div> <div> PRIMARY OR MAJOR ROUTES.  These facilities serve to connect cities with each other as well as to link smaller towns or settlements with the arterial thoroughfares system. Primary routes provide access to abutting land and generally serve all principal traffic generators.</div> <div> SECONDARY OR CONNECTOR ROADS.  These facilities serve intra-city movements of traffic, such as that moving between a subdivision and major street. The principal difference between the connector road and streets or roads of higher classification is the length of trip each principally serves. They are intended to supply the abutting property with the same degree of land service as the local street, while at the same time serving larger volumes of traffic.</div> <div> SUBDIVIDER or DEVELOPER.  Any person or his agent engaged in developing or improving a tract of land which complies with the definition of a subdivision as defined in this chapter.</div> <div> SUBDIVISION.  The division of a root parcel of land. All subdivisions shall be classified as exempt subdivisions, minor subdivisions or major subdivisions. There shall be no further division of a subdivision (includes a split-off from a root parcel) except as provided below.</div> <div> EXEMPT SUBDIVISION.</div> <div> (a)     The division of a root parcel into not more than three parcels. This will allow two splits of a root parcel.</div> <div> (b)     A court-ordered partition of land.</div> <div> (c)     The division of land by testamentary or intestate succession. (This exemption does not include the division of land by estate personal representatives or by requested court orders where the court order is not merely fulfilling the terms of a testamentary or intestate transfer.</div> <div> (d)     The sale or exchange of parcels or parts thereof between adjoining lot owners where the sale or exchange does not create additional building sites, such as where adjoining landowners exchange land in order to correct or straighten property lines.</div> <div> (e)     The division of land for purely agricultural purposes, not involving any new public ways or easements, and not reasonably expected to result in new building sites, whether presently or in the future, and includes 20 acres of land per parcel.</div> <div> (f)     The sale or exchange of a parcel of land by contract, if the contract was executed prior to June 1, 1998.</div> <div> MAJOR SUBDIVISION.  The division of a root parcel into more than five parcels.</div> <div> MINOR SUBDIVISION.  The division of a root parcel into five or fewer parcels.</div> <div> YARD.  A space on the same lot with a building, which is open, unoccupied, and unobstructed by structures, except as provided in Chapter 152.</div> <div> ZONING ADMINISTRATOR.  The officer designated and authorized by the Commission to enforce the zoning requirements.</div> <div> ZONING CHAPTER.  The part of the Master Plan, now or hereafter adopted, which includes an article and map which divides the area within the city and the unincorporated area under the jurisdiction of the Plan Commission into districts, with regulations and requirements and procedures for the establishment of land use controls.</div> <div> (Ord. 466, § 4-4-1, passed 5-11-98)</div> <bR> <div> <B>PRIMARY PLAT</B></div> <div> § <B>151.025  PRIMARY CONSIDERATIONS.</B></div> <div> In order to make the most of opportunities related to the subdivision and to conserve time, effort, and expense, the owner or subdivider shall submit to the Plat Officer at an informal conference, a sketch plan of the proposed subdivision. He shall consult with the Plat Officer, the County Surveyor, or appointed official, and other public officials prior to the preparation of the primary plat for the subdivision; the Master Plan for the city should be reviewed to determine how the primary plat will fit into the Master Plan. Requirements for major and minor streets; school and recreation sites, community facilities; shopping centers; sanitation, water supply and drainage; and the relationship to other developments, existing and proposed, in the vicinity shall be determined in advance of the preparation of the primary plat. No land shall be subdivided for residential use unless adequate access to the land over improved streets or thoroughfares exists or will be provided by the subdivider, or if the land is considered by the Commission, based upon recommendations of the Indiana Department of Natural Resources, to be unsuitable for use by reason of flooding or improper drainage.</div> <div> (Ord. 466, § 4-5-1, passed 5-11-98)</div> <bR> <div> § <B>151.026  PRIMARY PLAT.</B></div> <div> A subdivider desiring approval of a plat of a subdivision shall submit a written application, therefor, to the Plan Commission; the application shall be accompanied by the information, requirements, and plans set forth in § 152.027, all in accordance with the requirements set forth in this chapter.</div> <div> (A)     Two copies of the completed application for subdivision approval form shall be submitted to the Commission no later than 21 days prior to the Plan Commission meeting at which consideration is desired. At the time of filing, a fee shall be paid to the Commission to cover the costs of publishing notices and of notifying the persons concerned with the pending hearing on the subdivision. The Commission shall retain one copy of the application, which shall be attached to the primary drawings, the second copy shall be receipted and be retained by the subdivider as proof of payment. The subdivider shall deliver at least five prints of the primary plat drawing along with four copies each of the soil survey map and the location map which shall be submitted as part of the primary plat to the Plan Commission office. The Plan Commission may transmit one copy of the primary plat for review and approval to the following officials or agencies:</div> <div> (1)     City Street Engineer and/or County Highway Supervisor, along with construction plans.</div> <div> (2)     County Surveyor.</div> <div> (3)     School Superintendent in whose district the  plat is located.</div> <div> (4)     County Board of Health.</div> <div> (5)     Indiana Department of Natural Resources, and to any other agency whom it considers to have an interest in the proposed subdivision, with request for comments from the agency.</div> <div> (B)     Three copies shall be retained by the Plan Commission for the following purposes:</div> <div> (1)     One copy shall be used for review by the person or persons assigned within the Plan Commission staff or separately as the City Zoning Officer or Administrator.</div> <div> (2)     One copy shall be retained in the Plan Commission files and shall be marked with any corrections or additions deemed necessary by the Plat Officer, the above listed officials or agencies, and by the Plan Commission when the plat is considered in public hearing.</div> <div> (3)     One copy shall be retained until all the various officials and agencies and the Plan Commission have made their review and commented on approval of the plat. This copy will then be marked and returned with a letter of approval or disapproval to the subdivider.</div> <div> (C)     If the primary plat is approved by the Plan Commission, the applicant shall be authorized to proceed with the preparation of the secondary plat. The Plat Officer shall return a copy of the primary plat and letter of approval or disapproval of the primary plat no later than ten days following the date of the hearing; and in case of disapproval giving reasons and specifying aspects of nonconformance with existing articles.</div> <div> (D)     Primary approval shall confer upon the applicant the following rights for a one-year period from the date of approval:</div> <div> (1)     That the general terms and conditions under which the primary approval was granted shall not be changed.</div> <div> (2)     That the applicant shall submit on or before the expiration of the one-year period the whole or part or parts of the plat for secondary approval. In the event the subdivider fails to submit within the prescribed time a secondary plat, then the approval given the primary plat or the remaining portion of the primary plat shall lapse and be considered null and void.</div> <div> (Ord. 466, § 4-5-2, passed 5-11-98) Penalty, see § 151.999</div> <bR> <div> § <B>151.027  PRIMARY PLAT REQUIREMENTS.</B></div> <div> A primary plat shall be provided by the subdivider and consist of the following:</div> <div> (A)     Soil survey map.  Information shall be obtained from or be prepared by the United States Department of Agriculture Soil Conservation Service, showing identification of all soil types located within the boundaries of the plat, along with descriptions of soil characteristics as named in the nationwide classification system.</div> <div> (B)     Drainage map.  Shall show the topographical layout of the property and/or any subsurface drainage, open ditches, or located tiles.</div> <div> (C)     Location map. May be prepared by indicating the following data on available maps:</div> <div> (1)     Boundary line of the proposed subdivision indicated by a solid heavy line and the total approximate acreage involved.</div> <div> (2)     Subdivision name and location, specifying U.S. survey and township lines, city and state.</div> <div> (3)     Any and all thoroughfares related to the subdivision. Title, scale, north arrow, and date.</div> <div> (D)     Primary plat.  Shall show the following:</div> <div> (1)     Name of the subdivision and location.</div> <div> (2)     Names and addresses of the owner, subdivider, and the registered land surveyor who prepared the plat.</div> <div> (3)     Streets and rights-of-way on and adjoining the site of the proposed subdivision; showing the names and including roadway widths; approximate gradients; types and widths of pavement, curbs, sidewalks, crosswalks, planting strips, and other pertinent data.</div> <div> (4)     All lot lines adjacent to and abutting the subdivision, showing the subdivision or the developer's name or some other means of identification.</div> <div> (5)     Layout of lots, showing approximate dimensions and numbers.</div> <div> (6)     Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds, or other public, semi-public or community purposes.</div> <div> (7)     Easements, existing and proposed, showing locations, widths, and purposes.</div> <div> (8)     Building setback or front yard lines and dimensions meeting the requirements of the zoning ordinance.</div> <div> (9)     Location and size of nearest water main, sewer outlet, and other pertinent utilities, if applicable.</div> <div> (10)     Location, type and minimum size of utilities, if any, to be installed.</div> <div> (11)     In instances where the subdivider plans to construct a common sewage treatment facility or a common water supply system, or both, the subdivider shall submit evidence to the Plan Commission that the preliminary plans have been submitted to the Indiana Department of Environmental Management for their action.</div> <div> (12)     If the developer intends to install the improvements prior to the secondary approval of the plat of any portion of this primary plat, he shall submit the improvement plans and specifications as specified in § 152.026 of the Zoning Regulations with the primary plat.</div> <div> (13)     Tract boundary lines showing dimensions, bearings, angles, and references to known land lines.</div> <div> (14)      Contours at vertical intervals of not more than five feet where the slope is greater than 10% and not more than two feet where the slope is less than 10%. Elevations shall be marked on the contours based on a datum plain approved by the City Surveyor, or on sea level datum.</div> <div> (15)      Location of existing structures within and immediately adjacent to the plat.</div> <div> (16)      Two copies of the primary outline of the deed restrictions and covenants that would be placed upon the subdivision.</div> <div> (17)      Landscaping plans and proposed limits on the location and intensity of signs, advertising, and off-street parking should be included in the case of a proposed subdivision for industrial or commercial use.</div> <div> (18)      Scale, north arrow, and date. The primary plat of the subdivision shall be drawn to a scale of 50 feet to one inch, or 100 feet to one inch; provided, however, that if the resulting drawing would be over 36 inches in the shortest dimension, a scale as recommended by the Commission may be used.</div> <div> (19)      Other data as the Plan Commission may by rule require. Any such rule shall be adopted by Commission resolution only after a public hearing.</div> <div> (Ord. 466, § 4-5-3, passed 5-11-98)  Penalty, see § 151.999</div> <bR> <div> <B>SECONDARY PLAT</B></div> <div> § <B>151.040  FILING OF SECONDARY PLAT.</B></div> <div> A subdivider desiring secondary plat approval shall submit the plat in the following procedure:</div> <div> (A)     The secondary plat shall be submitted to the Plan Commission for secondary approval no later than 14 days prior to the Commission meeting at which secondary consideration is desired. The submission shall include the plans and specifications for the required improvements as set forth in §§ 151.075 through 151.087. All documents shall bear the approving signature of the County Surveyor, and/or appointed officials, and the transmittal to the Plan Commission and the Common Council shall include a letter from the County Surveyor and/or appointed officials, describing the approval and setting forth an estimate to cover the cost of the proposed improvements for performance guarantee purposes.</div> <div> (B)     Upon review by the Plan Commission, the secondary plat shall be forwarded to the Clerk-Treasurer for submission to the Common Council with all recommendations from the Plan Commission attached. If the plat is given secondary approval by the Plan Commission, the original tracing shall bear, on the face of the plat, the signatures of either the President or Vice President or the Executive Secretary (Director) of the Plan Commission, along with the official seal of the Plan Commission, certifying secondary approval; approval shall be entered in the Commission minutes.</div> <div> (C)     In the event of disapproval, the Commission shall set out in the Commission minutes, and attach to a copy of the plat, the reasons for disapproval, and shall specify the aspects of nonconformance with existing ordinances and notify the subdivider of the same no later than ten days following the date of the hearing. No plat shall be forwarded to the Commissioners until it has been approved by the Commission.</div> <div> (D)     In instances where the subdivider proposes to construct a common sewage treatment facility or a common water supply system, or both, the Plan Commission shall not give secondary plat approval until the Indiana Department of Environmental Management gives approval to the final engineering and construction plans for the facility,  and the Public Service Commission, in the instance where a common sewage treatment facility is to be constructed, has granted the subdivider or the appropriate corporation a certificate of territorial jurisdiction. Furthermore, where the subdivider proposes to construct a common sewage treatment facility and/or a common water supply system, the Plat Officer, upon receipt of the construction plans required in § 151.079, shall immediately deliver one copy of each of these plans to the County Health Officer.</div> <div> (E)     In the event secondary approval is denied, because of the interpretation of data supplied by the United States Department of Agriculture Soil Conservation Service, or because of the recommendation of the Indiana Department of Environmental Management, the subdivider may request in writing another hearing, at which he shall provide additional evidence attesting to the adequacy of the plat. The hearing shall be scheduled no later than 62 days after the hearing at which the original secondary plat was denied. Part of the additional evidence shall be in the form of a certification from a Professional Civil Engineer registered in the State of Indiana, obtained at the subdivider's expense, stating in effect that he, the engineer, has performed the tests and/or surveys, in the presence of a representative of, or in a manner meeting the approval of the body whose recommendations caused disapproval, necessary to determine that, in the engineer's opinion, the area in question will provide adequate public health, safety, convenience, and general welfare of present or future owners of any lots, parcels or tracts of the subdivision, providing that all improvements are installed according to the drawings submitted with the original secondary plat.</div> <div> (F)     The approval of the secondary plat improvements design by the Common Council shall be indicated on the original tracing of the plat; to be filed for record, by the affixing of the signatures of the Common Council. In the event of disapproval, the Common Council shall set out and attach to a copy of the plat the reasons for and specify the aspects of nonconformance with existing ordinances and notify the subdivider of the same. A copy of the plat showing the Common Council's action shall be filed in the office of the Plan Commission.</div> <div> (G)     The approved secondary plat shall be returned to the Clerk-Treasurer to be held until such time as the subdivider has done the following:</div> <div> (1)     Posted the performance guarantee as set forth in § 151.043.</div> <div> (2)     Presented to the Clerk-Treasurer a statement signed by the County Surveyor, Street Superintendent or County Highway Supervisor or Engineer, or authorized official stating that all utilities, facilities and improvements have been installed in accordance with all requirements and provisions of this chapter.</div> <div> (3)     Presented to the Clerk-Treasurer proof of deposit of funds with an approved lender, such as the Veterans Administration or Federal Housing Authority in an amount to guarantee installation and completion of all improvements.</div> <div> (4)     Presented to the Clerk-Treasurer proof of the execution of contracts with contractors, acceptable to the Board, providing for the construction and completion of the improvements as prescribed by this chapter or any other state or federal ordinances, within a reasonable time from date thereof, the completion date to be specified on the contracts.</div> <div> (5)     Upon the compliance of the above requirements, the Clerk-Treasurer shall release to the subdivider or his agent the approved secondary plat.</div> <div> (Ord. 466, § 4-6-1, passed 5-11-98)</div> <bR> <div> § <B>151.041  REQUIREMENTS.</B></div> <div> The secondary plat shall be provided by the subdivider and shall meet the following specifications:</div> <div> (A)     The secondary plat may include all or only a part of the primary plat which has received approval. (A portion of the primary plat shall be filed as a secondary plat not later than one year after approval of the primary plat; otherwise approval shall be void.)</div> <div> (B)     The original drawing of the secondary plat shall be drawn on tracing media with waterproof black drawing ink to a scale of 50 feet to one inch, or 100 feet to one inch, provided that, if the resulting drawing would be greater than 36 inches in the shortest dimension, a scale of up to 200 feet to one inch may be used. Four black or blue line prints shall be submitted with the original secondary plat; or, in order to conform to modern drafting and reproduction methods, four black or blue line prints and a reproducible cloth or film positive of the secondary plat shall be submitted. Prints filed in the permanent records of the Commission shall include one print made after recording of the secondary plat and bearing the official stamp attesting the fact of the recording, and a reproducible transparent film positive print of the secondary plat, as approved.</div> <div> (C)     All elevations shall be referenced to the established datum, and the reference shall be clearly stated on any plans or drawings showing the data, providing bench marks are located within a reasonable distance.</div> <div> (D)     All dimensions shall be shown in feet and decimals of a foot.</div> <div> (E)     The following basic information shall be shown. All surveys for a secondary plat shall be made under the active and personal direction of a land surveyor registered in Indiana.</div> <div> (1)     Accurate boundary lines, with dimensions and bearings or angles, which provide a survey of the tract, closing with an error of closure of not more than one foot in 5,000 lineal feet of boundary distance, one copy of the traverse calculations determining the closure shall be submitted with the secondary plat. Coordinates shall be established for all property corners.</div> <div> (2)     Accurate distances and directions to the nearest established street corner of official monuments. Reference corners shall be accurately described on the secondary plat.</div> <div> (3)     Accurate locations of all existing and recorded streets intersecting the boundaries of the tract, shown by heavy solid lines.</div> <div> (4)     Accurate metes and bounds description of the boundary and the included area to be the nearest one-hundredth of an acre.</div> <div> (5)     Right-of-way lines of streets, easements and other rights-of-way, and property lines of lots and other tracts, with accurate dimensions, bearings and curve data, including radii, arcs and chords, points of curvature and tangency, and central angles.</div> <div> (6)     Name and right-of-way width for each street and other rights-of-way.</div> <div> (7)     Location, dimensions and purposes of any easement shown by light, dashed lines.</div> <div> (8)     Number or letter to identify each lot or site.</div> <div> (9)     Purpose for which sites, other than residential lots, are dedicated or reserved.</div> <div> (10)  Building setback or front yard lines showing all dimensions.</div> <div> (11)  Floor elevation and location of each proposed building when in danger of inundation, subject to approval on recommendation of Indiana Department of Natural Resources.</div> <div> (12)  Location, type, material and sizes of all monuments and lot markers, including elevations related to mean sea level as established by the United States Geological Survey.</div> <div> (13) Names of owners and mortgagees accepting the plat, with record owner or owners personally signing the plat and all plans or drawings providing for the installation of the improvements.</div> <div> (14)  Reference to recorded subdivision plats of adjoining platted land by record name, date and number, shown by medium dashed lines.</div> <div> (15)  Restrictions of all types which will run with the land and become covenants in the deeds for lots.</div> <div> (16)  Title, north arrow, scale and date.</div> <div> (17)  Certification by a land surveyor with registration numbers and seal affixed to all documents of the secondary plat.</div> <div> (18) Certification by the registered land surveyor stating that all lots conform to the requirements of the zoning district in which it is located.</div> <div> (19)  Certificate of dedication of all public streets and areas.</div> <div> (20)  Certificate for approval by the County Surveyor.</div> <div> (21)  Certificate for secondary approval by the Plan Commission.</div> <div> (22)  Certificate for approval by the Board.</div> <div> (23)  Certificate for approval by the County Board of Health.</div> <div> (24)      Any other data as the Plan Commission may by rule require. Any such rule shall be adopted by Commission Resolution only after a public hearing.</div> <div> (Ord. 466, § 4-6-2, passed 5-11-98)  Penalty, see § 151.999</div> <bR> <div> §<B> 151.042  IMPROVEMENT PLANS AND SPECIFICATIONS.</B></div> <div> The secondary plat submission to the Commission shall be accompanied by the plans and specifications for the improvements required under §§ 151.075 through 151.087. The plans and profiles of all streets, storm and sanitary sewers, water lines, and drainage structures, together with their drainage area, shall be prepared on standard plan and profile sheets and shall bear the seal and signature of the registered professional engineer and/or registered land surveyor responsible for their preparation. A cross-section of the proposed streets shall be included, showing the widths of roadways, location and width of sidewalks, and the location of underground utilities. The plans shall show the lines of all proposed sidewalks and the locations of all proposed streetlights. The plans, cross-sections and specifications for the proposed improvements shall be submitted to and approved by the County Surveyor, and/or appointed officials, prior to submission to the Commission with the secondary plat. Four black or blue line prints of the approved documents shall be included with the secondary plat submission. After the completion of the construction of the improvements, a set of prints showing the as-built details and changes, if any, shall be filed with the Plat Officer or appointed official.</div> <div> (Ord. 466, § 4-6-3, passed 5-11-98)  Penalty, see § 151.999</div> <bR> <div> § <B>151.043  PERFORMANCE GUARANTEES.</B></div> <div> A performance guarantee shall be required from the subdivider in the amount of the estimate approved by the County Surveyor, or appointed official, for the cost of the proposed improvements. The performance guarantee shall run to the city and be with good and sufficient surety satisfactory to the Common Council and as approved by the City Attorney, conditioned upon the installation of the required improvements within two years after the approval of the secondary plat. Filing of the actual bond or other security shall not be required until after the secondary plat approval, provided that sufficient information concerning the form of guarantee to be used shall be submitted with the secondary plat documents to provide ample surety to permit the approval of the Commission and the Common Council. A certificate indicating that the Common Council has received the performance guarantee shall be forwarded to the Plan Commission for its record. In no case shall a certificate of occupancy be issued if the required streets and utilities are not in place to serve the affected lot.</div> <div> (Ord. 466, § 4-6-4, passed 5-11-98)  Penalty, see § 151.999</div> <bR> <div> <B>DESIGN STANDARDS</B></div> <div> § <B>151.055  MINIMUM DESIGN STANDARDS.</B></div> <div> (A)     The subdivider shall conform to the following principles and standards of land subdivision in the design of each subdivision or portion thereof which has not been officially recorded in the office of the County Recorder on or before the effective date of this chapter.</div> <div> (B)     The design standards will encourage good development patterns and particularly the principles and standards which are generally exhibited in the Master Plan. All proposed arterial thoroughfare locations as shown on the Master Plan Map, Plates 6 and 7 are recommendations only and shall not be used in determining the acceptability of a proposed subdivision. Every subdivision designed shall be in harmony with all applicable sections of the current zoning ordinance.</div> <div> (Ord. 466, § 4-7-1, passed 5-11-98)  Penalty, see § 151.999</div> <bR> <div> § <B>151.056  STREETS.</B></div> <div> (A)     The street and alley layout shall provide access to all lots and parcels of land within the subdivision. Street jogs of less than 125 feet shall be avoided. Cul-de-sacs shall not exceed 500 feet in length, unless necessitated by prevailing conditions which create undue hardship, that hardship to be determined by the Commission upon adequate showing by the subdivider.</div> <div> (B)     Local streets shall be designed so as to discourage through traffic.</div> <div> (C)     Proposed streets shall be adjusted to the contour of the land so as to produce usable lots and streets of reasonable gradient.</div> <div> (D)     Certain proposed streets, where appropriate, shall be extended to the boundary of the tract to be subdivided so as to provide for normal circulation of traffic within the vicinity.</div> <div> (E)     Wherever there exists a dedicated or platted portion of a street or alley adjacent to the proposed subdivision, the remainder of the street or alley shall be platted to the width herein prescribed within the proposed subdivision, unless the Commission finds it unnecessary.</div> <div> (F)     Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed with the Board under conditions approved by the Plan Commission.</div> <div> (G)     Widths of street rights-of-way shall conform to the widths specified in Appendix B, Exhibits 1 and 2, at the end of this chapter. These widths may be increased or decreased or varied in usual circumstances by the Plan Commission.</div> <div> (H)     Half streets shall not be permitted.</div> <div> (I)     No dead-end street shall be permitted where the same is in conflict with the Master Plan. Temporary dead-end streets will be permitted where the approved primary plat shows that the street will be extended to conform to the provisions of this chapter and/or to provide access to adjacent property where deemed necessary by the Commission to provide for adequate flow of future traffic, provided the length of the dead-end shall be not greater than 250 feet. A circular right-of-way in excess of the required street right-of-way at the termination of a dead-end street shall not be required.</div> <div> (J)     Subdivisions that adjoin or include existing streets that do not conform to the required widths shall dedicate the adequate width along either side or both sides of the street so the street shall be in conformity with all provisions of this chapter.</div> <div> (K)     Streets shall be laid out so as to intersect as nearly at the right angles as possible.</div> <div> (L)     If the smaller angle of intersection of two streets is less than 60 degrees, the radius of the arc of the intersection of the property lines shall be as deemed advisable by the Plan Commission.</div> <div> (M)  (1)     At the intersection of two streets, the property line corners shall be rounded by arcs with radii of not less than 20 feet or radius of the arcs.</div> <div> (2)     When one or more of the streets involved in an intersection is a limited access street, highway, thoroughfare, boulevard, or parkway, the foregoing minimum standards may be increased by the Commission.</div> <div> (N)     At the intersection of a street with an alley, the property line corners shall be rounded by arcs with radii of not less than 15 feet or radius of the arcs.</div> <div> (O)     Intersection of more than two streets at one point shall be avoided.</div> <div> (P)     Where parkways or special types of streets are involved, the Plan Commission may apply special standards to be followed in the design of the parkways or streets.</div> <div> (Q)     Whenever the subdivision contains or is adjacent to a railroad right-of-way or a highway designated as a “limited access highway” by the appropriate highway authorities, provision shall be made for a marginal access street, or a parallel street at a distance acceptable for the appropriate use of the land between the highway or railroad and the streets.</div> <div> (R)     Horizontal visibility on curved streets and vertical visibility on all streets shall be maintained along the center lines as specified in Appendix B: Exhibit 3, found at the end of this chapter.</div> <div> (S)     Horizontal curvature measured along the centerline shall have a minimum radius as specified in Appendix B: Exhibit 1, at the end of this chapter.</div> <div> (T)     All changes in grade shall be connected by vertical curves of sufficient radii to provide smooth transitions and required sight distances.</div> <div> (U)     Between reversed curves on all streets, there shall be a minimum tangent as specified in Appendix B: Exhibit 1 at the end of this chapter.</div> <div> (V)     Maximum grades for streets shall be as specified in Appendix B: Exhibit 3 at the end of this chapter.</div> <div> (W)  The minimum grade of any street gutter shall not be less than 0.25%.</div> <div> (X)     No street shall have a name which will duplicate or so nearly duplicate as to be confused with the name of an existing street within the city; unless a proposed street is an extension of or in alignment with existing streets, in which case the duplication shall be mandatory. In no instance shall any street name include the word North, South, East or West unless it denotes that geographical direction.</div> <div> (Y)     Alleys shall be discouraged in residential areas but shall be included in commercial and industrial areas where needed for loading and unloading or access purposes; and, where platted, shall be at least 20 feet in width.</div> <div> (Z)     Dead-end alleys shall be avoided where possible, but, if unavoidable, shall be provided with adequate turnaround facilities at the dead-end, as determined by the Plan Commission.</div> <div> (Ord. 466, § 4-7-3, passed 5-11-98)  Penalty, see § 151.999</div> <bR> <div> § <B>151.057  BLOCKS.</B></div> <div> (A)     Blocks shall not normally exceed 1,320 feet in length, unless unusual circumstances justify greater length.</div> <div> (B)     Blocks shall be of sufficient width to permit two tiers of lots of appropriate depth, except where an exterior street parallels a limited access highway, major street, or railroad right-of-way.</div> <div> (C)     No other specific rule is made concerning the shape of blocks, but blocks shall fit easily into the overall plan of the subdivision, and their design must evidence consideration of lot planning, traffic, flow, and public areas.</div> <div> (D)     Within blocks of over 700 feet in length, the Plan Commission may require, at or near the middle of the block, a public walk connecting adjacent streets or other public areas, shopping centers, and the like. Width of right-of-way for these walks shall be at least ten feet and shall be intended for the use of pedestrians only.</div> <div> (Ord. 466, § 4-7-3, passed 5-11-98)  Penalty, see § 151.999</div> <bR> <div> § <B>151.058  LOTS.</B></div> <div> (A)     All lots shall abut on a street which is accessible to an established public street already in use.</div> <div> (B)     Side lines of lots shall be at approximately right angles to straight streets and on radiant lines on curved streets. Some variation from this rule is permissible, but pointed or very irregular lots shall be avoided.</div> <div> (C)     Double frontage lots shall not be platted, except that where desired among primary or secondary streets, lots may face on an interior street and back on the thoroughfare. In that event, a planting strip, or a planting screen, at least 20 feet in width shall be provided along the rear of the lot, and the design shall be such that access to those lots shall be only from an interior street.</div> <div> (D)     Lot dimensions, areas, and building setback lines shall conform to and be not less than the minimum specified by the zoning ordinance, as now or hereafter amended, for the district in which the lot is located; except where a main water supply system or a sanitary system is not available, and the lot area necessary to adequately provide for the efficient operation of a private water supply and/or sewage disposal system on the lot, would be greater, to be in accord with the City Board of Health and/or the Indiana Department of Environmental Management, then their area recommendation shall become the minimum lot area.</div> <div> (E)     Wherever possible, a unit shopping center, based on sound development standards, should be designed in contrast to the platting of lots for individual commercial use.</div> <div> (F)     Corner residential lots should be wider than normal to permit appropriate setbacks from both streets. Interior residential lots abutting a corner lot should be wider than the average interior lot in order to permit a wider side yard adjacent to the corner lot.</div> <div> (G)     Residential lots fronting on arterial, primary or secondary streets shall have extra depth to permit deeper building setbacks from the traffic arteries, as specified by the zoning ordinance.</div> <div> (Ord. 466, § 4-7-4, passed 5-11-98)  Penalty, see § 151.999</div> <bR> <div> § <B>151.059  EASEMENTS.</B></div> <div> (A)     Where alleys are not provided, easements for utilities shall be provided. Easements shall have a minimum width of 15 feet, and where located along interior lot lines, one-half the width should be taken from each lot. Before determining the location of easements, the plan shall be discussed with the local utility companies to assure the proper placing for the installation of services.</div> <div> (B)     Whenever a subdivision is traversed by a watercourse, drainage way, channel, or stream, there shall be provided a drainage right-of-way which shall be for the purpose of widening, improving or protecting the stream at the subdivider's expense. To insure proper drainage right-of-way width, the following requirements shall be incorporated in the plat:</div> <div> (1)     In order to protect stream banks and/or located tile and allow for maintenance, an easement of 75 feet or more, as may be required by the County Surveyor, measured from the normal high bank on each bank of any ditch or creek, or centerline of located tile shall be provided.</div> <div> (2)     In order to protect riverbanks and allow for maintenance, an easement of 75 feet (or more as may be required by the County Surveyor), measured from the normal high bank on each bank of any river shall be provided.</div> <div> (3)     In order to allow for the creation of a new channel or drainage way, relocation of an existing channel, an easement of 100 feet (or more as may be required by the County Surveyor), measured from the normal high bank on both sides of the proposed channel shall be provided.</div> <div> (4)     The width of the drainage rights-of-way shall be adequate for any necessary channel relocations and straightenings, and to determine adequacy, the drainage right-of-way shall be reviewed by the County Drainage Board. The drainage right-of-way shall relate as closely as possible to the requirements of the Master Plan. Parallel streets or parkways may be required in connection therewith.</div> <div> (C)     A guy line easement of sufficient width and length, as determined by the utility company, shall be provided. The easement length shall be measured from the apex of the deflection angle.</div> <div> (Ord. 466, § 4-7-5, passed 5-11-98)  Penalty, see § 151.999</div> <bR> <div> § <B>151.060  PUBLIC USE AREAS.</B></div> <div> Where sites for parks, schools, playgrounds or other public use areas, as shown in the Master Plan, or recreational space as required by § 152.110 are located within the subdivision area, the Commission shall require that those areas be so designated on the secondary plat. Within three years after the approval of the secondary plat, the authority having jurisdiction shall acquire the designated land or commence proceedings to acquire it; otherwise the owner may make any permitted use of the site, as long as the use complies with the applicable ordinances.</div> <div> (Ord. 466, § 4-7-6, passed 5-11-98)  Penalty, see § 151.999</div> <div> § 151.061  TOPOGRAPHY, NATURAL VEGETATION AND FLOODING.</div> <div> (A)     In the subdividing of any land within the jurisdiction, due regard shall be shown for all natural features, such as tree growth, watercourses, or other similar elements which, if preserved, would add attractiveness to the proposed development.</div> <div> (B)     The natural topography shall be retained wherever possible in order to reduce excessive runoff onto adjoining property and to avoid extensive regrading of the site.</div> <div> (C)     Floor elevations of all buildings shall be carefully studied in relation to existing topography, proposed street grades, existing 12-inch and over caliper trees, and other pertinent site features.</div> <div> (D)     Consideration shall be given to varying the setback line required in the zoning district where the subdivision is proposed in order to retain, wherever possible, existing topography, rock formations and large trees. Consideration shall be given only after the Board of Zoning Appeals has granted a building line variance for the affected subdivision.</div> <div> (E)     Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions, or similar circumstances, the Commission shall consider withholding approval of those lots.</div> <div> (Ord. 466, § 4-7-7, passed 5-11-98)  Penalty, see § 151.999</div> <bR> <div> <B>IMPROVEMENTS</B></div> <div> § <B>151.075  SUBDIVIDER RESPONSIBILITY.</B></div> <div> Utility and street improvements shall be provided by the subdivider in each new subdivision in accordance with the standards and requirements described in this subchapter.</div> <div> (Ord. 466, § 4-8-1, passed 5-11-98)  Penalty, see § 151.999</div> <bR> <div> § <B>151.076  STREETS.</B></div> <div> (A)     Streets shall be completed in accordance with the plans, profiles, specifications and cross-sections prepared for the subdivider by a professional civil engineer and/or registered land surveyor duly registered in Indiana, and as approved by the County Highway Supervisor, County Highway Engineer or appointed city officials. In no event shall any street plan be approved unless the entire improvement width is proposed to be installed within the proposed subdivision, unless the plan is in conformity with this chapter.</div> <div> (1)     The streets shall be surfaced to a minimum width according to the type of street, as specified in Appendix B: Exhibits 1 and 2, at the end of this chapter.</div> <div> (2)     Curb and gutter shall not be permitted to be installed along the edges of streets having a total improvement width of less than 27 feet, except in the case of marginal access streets. However, curb and gutters shall be installed in conformity with § 151.077. In all cases, the surfaced street widths given in Appendix B, Exhibit 1 include curb and gutter.</div> <div> (3)     The streets shall be graded, surfaced and improved to the dimensions required by the cross-sections, and the work shall be performed in the manner prescribed in the current edition of the Indiana Department of Transportation. Streets shall comply with the minimum standards specified in all exhibits in Appendix B. Grading for street improvements shall not create soil slopes exceeding a vertical rise of one foot for every two feet of horizontal distance, unless retaining walls are to be provided.</div> <div> (4)     The street surface shall be of concrete or a flexible pavement and shall be constructed in accordance with design characteristics at least equal to those specified in Appendix B (all), and specifications approved by the County Highway Supervisor or Highway Engineer, or appointed city official.</div> <div> (5)     Prior to the construction of street or alley pavements, adequate surface and subsurface (if required) drainage shall be installed by the subdivider. Pipe used for drainage purposes shall be of a treated corrugated metal, reinforced concrete, or extra strength vitrified clay of an approved design, size, and strength to meet the requirements of the specific conditions which may be encountered. Minimum diameters of pipe to be used shall meet the requirements of the specific conditions which may be encountered, as set forth in § 151.082, and shall be approved by the County Highway Supervisor or Engineer, or appointed official.</div> <div> (6)     All construction shall be completed in accordance with the specific conditions in the agreement for improvements and the accepted plans and specifications, and in a manner acceptable to the authorities having jurisdiction. When changes from the accepted plans and specifications become necessary during construction, written approval from the authorities having jurisdiction shall be secured prior to the execution of any changes, and four copies of the approved revised drawings shall be submitted to the Plat Officer for distribution.</div> <div> (7)     Adequate provision shall be made for the continuous maintenance of all street improvements by dedication to and acceptance by the Board as provided in § 151.043 and all applicable sections dealing with post-approval procedures of this chapter.</div> <div> (B)     Provisions for easements shall be made by the subdivider for the future lighting of public streets within the subdivision in accordance with the standards and requirements of the city and the electric utility.</div> <div> (C)     Appropriate metallic street signs with reflectorized lettering mounted on metallic posts and as specified by the city shall be installed by the subdivider at all street intersections on diagonally opposite corners so that they will be on the far right-hand side of the intersection for traffic on the more important streets. Signs indicating both streets shall be erected at each location, mounted as close to the corner as practical, facing traffic on the cross street, with the nearest portion of each sign not less than one foot nor more than ten feet back from the curb line.</div> <div> (D)     Before the secondary plat is approved, the subdivider shall submit to the Plan Commission a statement from the local postmaster approving the names of the proposed streets and of the proposed systems of postal address along the streets.</div> <div> (Ord. 466, § 4-8-2, passed 5-11-98)  Penalty, see § 151.999</div> <bR> <div> §<B> 151.077  CURBS AND GUTTERS.</B></div> <div> (A)     Concrete curb and gutter shall be provided along the outside edge of all street pavements in subdivisions where the density of development is three lots per gross acre or greater.</div> <div> (B)     Curbs and gutters, if necessary, shall be installed by the subdivider in compliance with the approved plans, profiles and cross-sections. They shall be constructed of concrete, and they shall be at least 18 inches wide and not less than six inches thick where the curb abuts the street pavement.</div> <div> (C)     Curbs and gutters shall be constructed in conjunction with the street pavements on all streets where parking is to be permitted.</div> <div> (D)     Curb construction for concrete pavements shall be integral. Roll-type curbs shall be permitted where the distance between the back of the curb and the nearest sidewalk is at least three feet on residential and feeder streets.</div> <div> (E)     All plans for the installation of the curb and gutter shall conform to all applicable sections of this chapter and shall be approved by the County Highway Supervisor or Highway Engineer, or the Plan Commission in conjunction with the appropriate city appointed officials prior to the installation.</div> <div> (Ord. 466, § 4-8-3, passed 5-11-98)  Penalty, see § 151.999</div> <bR> <div> §<B> 151.078  SIDEWALKS.</B></div> <div> (A)     Sidewalks on each side of a street shall be provided within a subdivision when the major subdivision averages two lots or more per gross acre.</div> <div> Sidewalks on both sides of the street shall be provided within a major subdivision when the subdivision averages less than two lots per gross acre, provided, however, the Plan Commission may waive the above requirements in those subdivisions with less than two lots per gross acre and only upon showing by the developer that the sidewalks will serve no specific purpose of future need. Sidewalks shall be of portland cement concrete with a minimum thickness of four inches on four feet, and the edge of walks adjacent to the property line of the street shall be placed at least one foot from the property line within the street right-of-way.</div> <div> (B)     Crosswalks within the blocks shall be improved with a four-foot walk of either concrete four inches thick or four-inch compacted aggregate base. The base should be extended beyond sidewalk on either side to a distance equal to depth of base.</div> <div> (C)     If for any reason sidewalks are not provided, the street grade shall be completed so that the minimum amount of additional grading would be necessary for any future provisions for sidewalks.</div> <div> (Ord. 466, § 4-8-4, passed 5-11-98)  Penalty, see § 151.999</div> <bR> <div> § <B>151.079  SEWAGE DISPOSAL.</B></div> <div> The developer shall install or cause to be installed a system for the disposal of sanitary sewage in the subdivision by one of the following means:</div> <div> (A)     Public system.  A complete sanitary sewer system which shall convey the sewage into an established municipal or other public agency sanitary sewage disposal and treatment system, at a point and in a manner approved in writing by the municipal or other public agency involved. The plans for the complete installation of the sewage system showing all locations, material, size, profiles and any connections thereto shall be prepared by a registered engineer and/or registered land surveyor at the expense of the subdivider or developer, and shall be approved by and meet the requirements of the affected municipal or other public agency and the County Board of Health and Indiana Department of Environmental Management.</div> <div> (B)     Private or quasi-public system.</div> <div> (1)     A complete sanitary sewage system to convey the sewage to a treatment plant provided by the developers or others in accordance with the requirements of the County Board of Health or the Indiana Department of Environmental Management.</div> <div> (2)     A complete sanitary sewer system which shall connect into the sanitary sewage disposal system of a sewage disposal company which shall hold, at the time of plat submission, a certificate of territorial authority issued by the Public Service Commission of Indiana authorizing sewage disposal service for the area in which the subdivision is located. The plans for the complete installation of the sewer system, both within the subdivision and any off-site installations serving the subdivision, showing all locations, size, material, profiles, and capacities, shall be submitted to and approved by the County Board of Health and/or the Indiana Department of Environmental Management.</div> <div> (3)     If the developer submits proper evidence to the County Health Department that neither of the above forms of sewage disposal and treatment is possible or economically feasible, then the developer shall be permitted to use a private sanitary sewage disposal system on each individual lot when installed in accordance with the design standards and approval of the County Board of Health. The information shown shall be certified to by a Professional Civil Engineer registered in Indiana.</div> <div> (C)     The subdivider shall furnish the Commission a complete set of plans and profiles as approved by the various authorities.</div> <div> (Ord. 466, § 4-8-5, passed 5-11-98)  Penalty, see § 151.999</div> <bR> <div> § <B>151.080  WATER SUPPLY.</B></div> <div> (A)     The developer shall install or cause to be installed a water system for the subdivision by one of the following methods:</div> <div> (1)     Public system.  A complete water main system which shall be connected to a public or other community water supply which is approved by the County Board of Health and/or the Indiana Department of Environmental Management. The plans for the complete installation showing size, location, depth, material and all connections thereto, including fire hydrants, shall meet the requirements and receive the approval of the County Board of Health and/or the Indiana Department of Environmental Management.</div> <div> (2)     Private system.  A community water supply system including well, pump, and all appurtenances thereto, necessary to supply a minimum pressure of 40 pounds per square inch. The plans showing location, depth, size, and material of mains, valves, and connections thereto shall meet the requirements of and be approved by the County Board of Health and/or the Indiana Department of Environmental Management.</div> <div> (3)     Water main system.  A complete water main system which shall connect into the water main system of a utility company which shall be authorized to operate within the area in which the subdivision is located and which shall be subject to the control of the Public Service Commission of Indiana. The plans for the complete installation of the water main system within the subdivision showing size, location, depth, material, and all connections thereto, including fire hydrants, shall be approved by and meet the requirements for the County Board of Health and/or the Indiana Department of Environmental Management.</div> <div> (4)     Individual supply.  If the developer submits proper evidence to the County Health Department that none of the above forms of water supply is possible or economically feasible, then the Board shall permit an individual water supply on each lot in the subdivision, subject to compliance with all requirements and approval of the County Board of Health and/or the Indiana Department of Environmental Management.</div> <div> (b)     The subdivider shall furnish the Commission a complete set of plans and profiles approved by the various authorities.</div> <div> (Ord. 466, § 4-8-6, passed 5-11-98)  Penalty, see § 151.999</div> <bR> <div> § <B>151.081  PRIVATELY DEVELOPED FACILITIES.</B></div> <div> Where the subdivision is to contain sewers, sewage treatment facilities, water supply system, park areas, or other physical facilities which will not be maintained by existing public agencies, provision shall be made by trust agreement, which is a part of the deed restrictions and which is acceptable to the proper public agencies, for jurisdiction over the continuous maintenance, supervision, operations, and reconstruction of the facilities by the lot owners in the subdivision. Other restrictions not inconsistent or in conflict with the provisions of this chapter or ordinances of the city may also be included.</div> <div> (Ord. 466, § 4-8-7, passed 5-11-98)  Penalty, see § 151.999</div> <bR> <div> § <B>151.082  STORM DRAINAGE.</B></div> <div> (A)     Adequate surface and subsurface drainage ways for the removal of storm water shall be provided by the subdivider. The extent to which storm drainage facilities shall be required shall be based upon an analysis of need prepared for the subdivider by a registered professional engineer and/or registered land surveyor. The computations shall show that the peak runoff rate after development for the 100-year return period storm of 24-hour duration shall not exceed the 10-year return period pre-development peak runoff rate. Times of concentration, soil infiltration rates, and other variable factors to be used in the analysis shall be discussed with and approved by the County Surveyor during the preliminary consideration of the subdivision. The engineer (or his agent) preparing the analysis shall provide the City Surveyor with a copy of the computations used in the completion of the analysis.</div> <div> (B)     A storm water sewer system, which shall be separate and independent of the sanitary sewer system, with surface inlets, shall be provided by the subdivider in all cases where curb and gutter is to be installed and whenever the available evidence indicates that such a system is necessary due to the inadequacy of the natural surface drainage.</div> <div> (C)     Any person proposing to locate a structure or a use within 100 feet of any stream or main drainage channel in any zoning district shall include with the application for an improvement location permit and/or a certificate of occupancy, a statement from the Indiana Department of Environmental Management, based on a study of the watershed area and the probably runoff, that the structure or use in the proposed location will leave adequate space for the flow of flood water, provided, however, that no building shall be permitted within 75 feet of the top of the bank of any stream or main drainage channel unless permitted by the County Drainage Board.</div> <div> (D)     The subdivider shall furnish the Commission a complete set of plans and profiles as approved by the various authorities.</div> <div> (E)     All plans and workmanship shall be in compliance with the Indiana Drainage Code, I.C. 36-9-27 and all acts supplemental and amendatory to it.</div> <div> (Ord. 466, § 4-8-8, passed 5-11-98)  Penalty, see § 151.999</div> <bR> <div> § <B>151.083  PUBLIC UTILITIES.</B></div> <div> (A)     All utility lines for telephone and electric service, when carried on overhead poles, shall be provided for with rear and side lot line easements. Gas</div> <div> mains shall be located within line easements or on public rights-of-way.</div> <div> (B)     Where telephone and/or electric service lines are to be placed underground throughout the subdivision, the conduit or cables shall be located within easements or public rights-of-way, and in a manner which is in agreement with the utility companies and in compliance with the Indiana Public Service Commission regulations. Furthermore, all transformers and terminal boxes shall be located so as not to be hazardous to the public.</div> <div> (C)     All excavations for public utilities made under paved areas shall be properly backfilled with approved granular materials thoroughly compacted in place, subject to the approval of the County Highway Supervisor and/or Engineer or appointed city officials.</div> <div> (Ord. 466, § 4-8-9, passed 5-11-98)  Penalty, see § 151.999</div> <bR> <div> § <B>151.084  LANDSCAPE DEVELOPMENT.</B></div> <div> All unpaved or otherwise unimproved areas within the public rights-of-way or public use areas shall be graded and seeded in an approved manner.</div> <div> (Ord. 466, § 4-8-10, passed 5-11-98)  Penalty, see § 151.999</div> <bR> <div> § <B>151.085  MONUMENTS AND MARKERS.</B></div> <div> (A)     Permanent monuments shall be set as follows:</div> <div> (1)     At the intersection of all lines forming angles in the boundary of the subdivision.</div> <div> (2)     At the intersection of street right-of-way lines and at the beginning and end of all curves along street right-of-way lines.</div> <div> (B)     Markers shall be set, unless otherwise located by a monument, as follows:</div> <div> (1)     At all points where lot lines intersect street right-of-way lines.</div> <div> (2)     At all angles in the lot property lines.</div> <div> (3)     At all other lot corners.</div> <div> (C)     Monuments shall be of an iron or steel solid bar at least 36 inches in length and not less than one inch in diameter or of a method approved by the County Surveyor; or concrete, with minimum dimensions of four inches at the top and six inches at the bottom, and 36 in length, and shall be marked at the top with either a copper or steel dowel embedded so that the top of the dowel shall be flush with the top surface at the center of the monument. Markers shall consist of galvanized steel or wrought iron pipe or steel bars at least 24 inches in length and -inch in outside diameter.</div> <div> (D)     Monuments and markers shall be provided by the subdivider and so placed that the center point shall coincide with the intersection of lines to be marked and the top level with the surface of the surrounding ground after final grading.</div> <div> (Ord. 466, § 4-8-11, passed 5-11-98)  Penalty, see § 151.999</div> <bR> <div> §<B> 151.086  CLUSTER DEVELOPMENT.</B></div> <div> In order to promote the health and general welfare of the city and to preserve and make available open space, the Plan Commission may grant a developer the right to vary the residential building density within a tract to be developed, leaving a substantial area free of building lots; the right to vary density shall, however, be subject to the following conditions:</div> <div> (A)     An overall plan of the entire tract showing roads, lot lines, lot areas, easements, encumbrances, and other relevant data shall be submitted in accordance with this chapter.</div> <div> (B)     Overall density shall not exceed that of the zoning district in which the land occurs. The houses in the proposed subdivision shall be grouped in clusters. The minimum lot area shall be two-thirds of the minimum normally required in the zoning districts in which the land occurs. Minimum yard requirements in a cluster development shall be:</div> <div> Front yard:     10 feet</div> <div> Side Yard:8 feet (except that garages and carports upon adjacent lots may join at the property line or be grouped on land away from the individual lot)</div> <div> Rear Yard:15 feet (or as otherwise determined to be in general compliance with the zoning ordinance)</div> <div> (C)     In cases where a developer has designed special groups of dwellings and garages, the Plan Commission, after inspecting plans and elevations, may grant smaller lot minimum sizes than those in division (B) above, provided that the sanitary systems are approved by the County Board of Health and/or the Indiana Department of Environmental Management, or appointed official, that the overall density does not exceed that permitted within the zoning district in which the land occurs, or that the layout is not detrimental to the health and general welfare of the community.</div> <div> (D)     The balance of the land not contained in the lots or within the road rights-of-way shall be contiguous and of such condition, size and shape as to be usable for recreation. The land shall be held in corporate ownership by the owners of lots within the development, and the developer shall incorporate into the deeds of all property within the development a clause, giving to the owners an interest in the open land which shall be used for recreational purposes only. (No structure except those incidental to the recreational use shall be permitted thereon.)</div> <div> (E)     Open land shall be a minimum of 1½ acres (and shall be subject to taxation). In the case of open tracts of three or more acres, the developer may petition the city to maintain the land to be used as open space.</div> <div> (Ord. 466, § 4-8-12, passed 5-11-98)  Penalty, see § 151.999</div> <bR> <div> § <B>151.087  RECREATIVE SPACE REQUIREMENTS.</B></div> <div> The provisions of § 152.110 are incorporated herein and shall be deemed an additional requirement of each affected subdivision.</div> <div> (Ord. 466, § 4-8-13, passed 5-11-98)  Penalty, see § 151.999</div> <bR> <div> § <B>151.088  ERECTION OF UNIFORM MAILBOX BASES AND STANDS.</B></div> <div> Where any subdivision is to be serviced by the rural mail delivery system of the United States Postal Department, the developer or subdivider shall erect bases and stands which meet federal United States postal regulations and are of uniform standards as determined by the Berne Postmaster, or his representative.  Bases and stands shall be located in the subdivision with the approval of the Berne postmaster.</div> <div> (Ord. 507, passed 9-24-01)  Penalty, see § 151.999</div> <bR> <div> <B>ADMINISTRATION</B></div> <div> § <B>151.100  OFFICES ESTABLISHED.</B></div> <div> Five offices of the government of the city are concerned with the administration of this chapter. For purposes of clarity, these offices, along with their pertinent functions are described in this subchapter.</div> <div> (Ord. 466, § 4-9-1, passed 5-11-98)</div> <bR> <div> § <B>151.101  PLAN COMMISSION.</B></div> <div> The duties of the City Plan Commission shall be as follows:</div> <div> (A)     Enforce the provisions of this chapter in the manner and form and with the powers provided in the laws of the state.</div> <div> (B)     Review the primary, secondary and minor plat applications and respective modifications.</div> <div> (C)     Appoint a Plat Officer, who shall do the following:</div> <div> (1)     Maintain permanent and current records of this chapter, including amendments hereto.</div> <div> (2)     Receive and file all sketch plans, primary plats, minor plats, and secondary plats (together with applications).</div> <div> (3)     Forward copies of the primary plat, the minor plat, and the secondary plat to other appropriate agencies for their recommendations and reports.</div> <div> (4)     Assimilate all comments, recommendations and reviews from the applicable city officials and make a recommendation for action to the Plan Commission on every subdivision plan or plat which the Commission is to consider. The recommendations will either be for approval, disapproval or deferral. Reasons for the recommendation shall be clearly stated.</div> <div> (5)     Receive and file copies of all secondary plats and check their compliance with the primary plan.</div> <div> (6)     Receive “as-built” plans, as outlined in Section 2-2-3 of this article, and forward prints of such plans to the proper governmental departments.</div> <div> (7)     Inspect and make recommendations concerning approval or disapproval of streets and improvements, in accordance with the provisions of this chapter.</div> <div> (8)     Make all other determinations required of him by the regulations herein.</div> <div> (Ord. 466, § 4-9-1.1, passed 5-11-98)</div> <bR> <div> § <B>151.102  HIGHWAY DEPARTMENT.</B></div> <div> The Highway Supervisor, Highway Engineer or Street Department Superintendent shall have the following duties:</div> <div> (A)     Review and advise the Plan Commission on the submitted drainage details in accordance with the provisions of this chapter and as required by applicable city ordinances.</div> <div> (B)     Make inspections of streets and improvements during their construction, in accordance with the provisions of this chapter.</div> <div> (C)     Inspect and make recommendations concerning approval or disapproval of streets and improvements in accordance with the provisions of this chapter.</div> <div> (Ord. 466, § 4-9-1.2, passed 5-11-98)</div> <bR> <div> § <B>151.103  SURVEYOR'S OFFICE.</B></div> <div> The duties of the County Surveyor shall be as follows:</div> <div> (A)     Check and advise the Plan Commission on all subdivisions in accordance with the provisions of this chapter.</div> <div> (B)     Inspect and make recommendations concerning approval or disapproval of streets improvements, in accordance with the provisions of this chapter.</div> <div> (Ord. 466, § 4-9-1.3, passed 5-11-98)</div> <bR> <div> § <B>151.104  HEALTH OFFICE.</B></div> <div> The duties of the County Health Officer or his authorized agent shall be as follows:</div> <div> (A)     Make recommendations in regard to minimum lot size in instances where sewage treatment or domestic water facilities are to be installed separately on each individual lot.</div> <div> (B)     Make recommendations regarding the feasibility and location of common sewage treatment or domestic water facilities in accordance with the provisions of this chapter.</div> <div> (Ord. 466, § 4-9-1.4, passed 5-11-98)</div> <bR> <div> §<B> 151.105  COMMON COUNCIL.</B></div> <div> The Common Council shall have the following duties, in regard to this chapter:</div> <div> (A)     Accept subdivision performance bonds or escrow as required herein.</div> <div> (B)     Accept into the city street system streets and improvements designed and constructed in accordance with the provisions of this chapter.</div> <div> (Ord. 466, § 4-9-1.5, passed 5-11-98)</div> <bR> <div> <B>PERMITS AND CERTIFICATES</B></div> <div> § <B>151.115  IMPROVEMENT LOCATION PERMIT AND CERTIFICATE OF OCCUPANCY.</B></div> <div> No improvement location permit or certificate of occupancy shall be issued by any governing official for the construction of any building, structure or improvement to the land or any lot within subdivision as defined herein, which has been approved for platting or replatting, until requirements of the zoning and subdivision ordinances have been met.</div> <div> (Ord. 466, § 4-10-1, passed 5-11-98)</div> <bR> <div> § <B>151.116  CERTIFICATION FORMS.</B></div> <div> To entitle a secondary plat to be recorded, certificates as required by law shall be lettered or printed on the secondary plat. This chapter lists certificates, some of which shall be placed on plat, other certificates are optional and serve as a guide only. These certificates are set forth in full in Appendix A: Certification Forms, at the end of this chapter.</div> <div> (Ord. 466, § 4-10-2, passed 5-11-98)</div> <bR> <div> § <B>151.117  INSPECTIONS.</B></div> <div> (A)     During the course of construction of the improvements, the subdivider shall be required to notify the County Highway Supervisor or City Street Department Superintendent at least 24 hours before each of the following operations in order that the Supervisor and/or Superintendent may make required inspections:</div> <div> (1)     Before base material is deposited in place for inspection of all street subgrades, especially areas where backfilling was placed over subterranean construction and curb and gutter construction.</div> <div> (2)     Before bituminous topping is placed on the base material for inspection of the base construction.</div> <div> (B)     It is essential that these inspections be made in order for the city to ascertain the quality of construction preliminary to accepting the improvements for public maintenance.</div> <div> (C)     No later than five days after the date of each inspection, the County Highway Supervisor or City Street Department Superintendent shall notify the subdivider, in writing, of the results of the inspection.</div> <div> (Ord. 466, § 4-11-1, passed 5-11-98)</div> <bR> <div> § <B>151.118  ACCEPTANCE OF IMPROVEMENTS.</B></div> <div> (A)     When the subdivider has completed construction of the improvements, he shall notify the Plat Officer by letter (in four copies) of this fact and formally request a final inspection by the city inspecting officials. In this letter he shall briefly describe all the improvements, and shall enclose four copies of the subdivision plan which shows these improvements as installed. No later than 14 days after the receipt of this letter by the Plat Officer, weather conditions permitting, the city inspecting officials shall make their inspections.</div> <div> (B)     Before acceptance of subdivision improvements, the Plat Officer, the County Surveyor, the County Highway Supervisor or City Street Department Superintendent, and the County Health Officer or his representative shall inspect the improvements as described above and submit a report to the Common Council on the condition of the improvements and a recommendation for their action thereon.</div> <div> (C)     No later than seven days after the final inspection of the subdivision improvements, the subdivider shall be notified by the Plat Officer in writing of the results of the inspection.</div> <div> (Ord. 466, § 4-11-2, passed 5-11-98)</div> <bR> <div> § <B>151.119  RECORD.</B></div> <div> (A)     After the enactment of this chapter no plat of any subdivision shall be permitted to be recorded by the county, and no proposed plat of any subdivision shall have any validity until it is approved as prescribed by this chapter.</div> <div> (B)     The plat of any proposed subdivision shall be recorded for taxation purposes within one year of the secondary approval date of the City Plan Commission, in the office of the County Recorder.</div> <div> (Ord. 466, § 4-11-3, passed 5-11-98)</div> <bR> <div> § <B>151.120  FEES.</B></div> <div> Applications filed pursuant to the provisions of this chapter requiring Plan Commission or Board of Zoning Appeals approval shall be accompanied by the filing fees specified by the fee schedule adopted by Commission resolution. The fee schedule shall not be a part of this chapter and may be revised from time to time by Commission resolution. Fees may be applied, but not limited to, the following applications:</div> <div> Variance application</div> <div> Special use permit application</div> <div> Contingent use permit application</div> <div> Sign permit application</div> <div> Improvement location permit application</div> <div> Certificate of occupancy application</div> <div> Development plan application</div> <div> Amendment to approved development plan if public hearing is necessary</div> <div> Application to amend this chapter</div> <div> Application to appeal an order, requirement, decision or determination made by the Zoning Administrator.</div> <div> (Ord. 466, § 4-12-1, passed 5-11-98)</div> <bR> <div> § <B>151.999  PENALTY.</B></div> <div> (A)     Any person, whether as principal, agent, owner, lessee, tenant, contractor, builder, architect, engineer or otherwise, who violates any provisions of this chapter shall be guilty of a zoning ordinance violation and shall, upon conviction, be punished by a fine of not less than $100 nor more than $500 for each offense. Each day of the existence of any violation of this chapter shall be a separate offense. In addition, the court may award a reasonable attorney fee in favor of the city against any person violating any provision of this chapter, which shall be deemed an additional penalty hereunder.</div> <div> (B)     The erection, construction, enlargement, conversion, moving or maintenance of any building or structure and the use of any land or structure which is continued, operated or maintained contrary to any provision of this chapter is declared to be a nuisance and a violation of this chapter in addition to the penalties provided for herein. The Zoning Administrator may institute a suit for injunction in the Circuit or Superior Court of Adams County, to restrain any person or governmental unit from violating any provision of this chapter and to cause any violation to be prevented, abated or removed. This action may be instituted by any property owner who may be especially damaged by the violation of any provision of this chapter, except that the attorney fees provision herein shall not apply to a suit instituted by a private person.</div> <div> (C)     In addition to the penalties provided for herein, the city shall be entitled to recover its costs and expenses in enforcing this chapter, including reasonable attorney fees, which may be awarded by the court against any person violating any of the provisions of this chapter. The assessment of costs and attorney fees shall be in addition to the fines and penalties provided for herein, except that the expenses of enforcement and attorney fees shall not apply to any action instituted by any private citizen instituting an action for enforcement of this chapter.</div> <div> (D)     The remedies provided for in this section shall be cumulative and not exclusive, and shall be in addition to any other remedies provided by law.</div> <div> (Ord. 466, § 4-13-15, passed 5-11-98)</div> <bR> <div> <B>APPENDIX A:  CERTIFICATION FORMS</B></div> <div> <B>DEED OF DEDICATION</B></div> <div> (A)     Each secondary plat submitted to the Commission for approval shall carry a deed of dedication in substantially the following form:</div> <div> We, the undersigned, ________________________________owners of the real estate shown and described herein, do hereby certify that we have laid off, platted and subdivided, and do hereby lay off, plat and subdivide, said real estate in accordance with the within plat.</div> <div> This subdivision shall be known and designated as ________________________, an addition to _________________________. All streets, alleys, parks, and other public lands shown and now heretofore dedicated, are hereby dedicated, to the public.</div> <div> Front and side yard building setback lines are hereby established as shown on this plat, between which lines and the property lines of the street, there shall be erected or maintained no building or structure. Witness our hands and seals this_____________________day of_________________, 20___.</div> <div> ___________________________________</div> <div> ___________________________________</div> <div> ___________________________________</div> <div> STATE OF INDIANA )</div> <div> ) SS</div> <div> COUNTY OF ADAMS)</div> <div> Before me, the undersigned Notary Public, in and for the said City and State, personally appeared ______________________ and _________________________,and each separately and severally acknowledged the execution of the foregoing instrument as his or her voluntary act and deed; for the purposes therein expressed. Witness my hand and Notarial Seal this_______day of_______,20__.</div> <div> (B)     Each secondary plat submitted to the Commission for approval shall carry a certificate signed by a Registered Land Surveyor in substantially the following form.</div> <div> I,___________________ hereby certify that I am a Registered Land Surveyor, licensed in compliance with the laws of the State of Indiana; that this plat correctly represents a survey completed by me on______________,that all the monuments and material are accurately shown.</div> <div> (SEAL)            _____________________________________________</div> <div> (C)     Certificate of Secondary Plat Approval.</div> <div> I hereby certify that under I.C. 36-7-19 et seq. and after proper publication of Public Notice and Hearing this plat was given secondary approval on________________, 20___.</div> <div> Designated Official_______________________________________</div> <div> Plan Commission</div> <div> (D)                                   APPROVED</div> <div> Common Council of the City of Berne, Indiana</div> <div> ___________________________________________</div> <div> ___________________________________________</div> <div> ____________________________________________</div> <div> ____________________________________________</div> <div> ____________________________________________</div> <div> This_________________ day of_______, 20___.</div> <div> (E)                                        APPROVED</div> <div> COUNTY SURVEYOR OF</div> <div> ADAMS COUNTY, INDIANA</div> <div> __________________________________________</div> <div> This_________day of __________________, 20___.</div> <div> (F)                                        APPROVED</div> <div> ADAMS COUNTY BOARD OF HEALTH</div> <div> ADAMS COUNTY, INDIANA</div> <div> _____________________________________</div> <div> _____________________________________</div> <div> _____________________________________</div> <div> This____________________day of_______, 20___.</div> <div> (Ord. 466, § 4-10-1, passed 5-11-98)</div> <bR> <div> <B>APPENDIX B:  MINIMUM STREET DESIGN STANDARDS</B></div> <div> Exhibits:</div> <bR> <div> 1.     Minimum standards for street design with curbs</div> <div> 2.     Minimum standards for street design without curbs</div> <div> 3.     Minimum gradient standards for street design</div> <div> 4.     Design characteristics of street pavements</div> <div> 5.     Street cross-section standards</div> <div> 6.     Typical street cross-sections (concrete)</div> <div> 7.     Typical street cross-sections (asphaltic and concrete)</div> <div> 8.     Integral curb detail</div> <bR> <div> <B>EXHIBIT 1:  MINIMUM STANDARDS FOR STREET DESIGN WITH CURBS*</B></div> <bR> <div> Street     Right-of-Way Width     Roadway Width     Radius of Horizontal Curves, Figures to the Centerline     Tangents between Reverse Curves</div> <div> Arterial thoroughfare**     150 feet     **     **     **</div> <div> Primary and parkways**     80 feet     **     300 feet     100 feet</div> <div> Secondary**     60 feet     33 feet     200 feet     40 feet</div> <div> Section and half section line     60 feet     33 feet     200 feet     40 feet</div> <div> Local     50 feet     27 feet     150 feet (+)     40 feet</div> <div> Cul-de-sac     50 feet     27 feet     150 feet     40 feet</div> <div> Cul-de-sac turnaround diameter     100 feet     73 feet</div> <div> Marginal access     40 feet     25 feet     150 feet     **</div> <div> Business and industrial districts     80-100 feet     53 feet     500 feet     200 feet</div> <div> Boulevard**, 1/     **     25 feet     200 feet     40 feet</div> <bR> <div> Notes:</div> <div> *Specifications for roadway construction shall be as specified in this chapter and any other subsequent and applicable county ordinance.</div> <div> **Minimum standards for these streets shall be as indicated or as determined by the Plan Commission and the County Highway Supervisor.</div> <div> ***Roadway width is as required for curbed streets and indicates distance from each to back of curb.</div> <div> (+)In instances where a turn of 90 degrees, or near 90 degrees is planned, a lesser radius is acceptable; however, an enlargement of the right-of-way and      pavement is required on the outside edge of the street as indicated in the sketch.</div> <bR> <div> 1/In the event boulevard-type streets are constructed, provision shall be made in the deed restrictions for the continuous maintenance of the median strip, grassed-area, by the lot owners in the subdivision. This provision shall be stated in a manner which is acceptable to the Commission and the Board.</div> <div> (Ord. 466, Appendix: Minimum Street Design Standards, passed 5-11-98)</div> <div> EXHIBIT 2:  MINIMUM STANDARDS FOR STREET DESIGN WITHOUT CURBS</div> <bR> <div> Street      Right-of-Way Width     Roadway Width     Road Shoulder Width*</div> <div> Arterial**     150 feet     34 feet     8 feet</div> <div> Primary**     100 feet     30 feet     8 feet</div> <div> Secondary      80 feet     30 feet     8 feet</div> <div> Section and half section line      60 feet     30 feet     8 feet</div> <div> Local      60 feet     24 feet     8 feet</div> <div> Cut-de-sac      60 feet     24 feet     8 feet</div> <div> Cul-de-sac turnaround diameter     120 feet     70 feet     8 feet</div> <div> Marginal access      40 feet     22 feet     8 feet</div> <div> Business and industrial districts     80-100 feet     50 feet     10 feet</div> <div> Boulevard **, 1/          22 feet     8 feet</div> <bR> <div> Notes:</div> <div> *     Road shoulder on both sides of the pavement shall be constructed to the width shown, and the slope of the shoulder shall be ½-inch per foot.</div> <div> **     Minimum standards for these streets shall be as indicated or as determined by the Plan Commission and the County Highway Supervisor.</div> <div> Where roadside swales are constructed, the side slopes shall not be of a steeper gradient than two feet of horizontal measurement to one foot of vertical measurement unless the vertical rise is in conformity with Article VII, Section 1C.</div> <div> 1/     In the event boulevard-type streets are constucted, provision shall be made in the deed restrictions for the continuous maintenance of the median strip, grassed area, by the lot owners in the subdivision. This provision shall be stated in a manner which is acceptable to the Commission and the Board. Radius of horizontal curves and tangent lengths between reversed curves shall be identical to the requirements specified in Exhibit 1.</div> <div> (Ord. 466, Appendix: Minimum Street Design Standards, passed 5-11-98)</div> <div> EXHIBIT 3:  MINIMUM GRADIENT STANDARDS FOR STREET DESIGN</div> <bR> <div> Street     Maximum Gradient     Minimum Gradient     Clear Sight Distance</div> <div> Arterial thoroughfare*     5%     0.25%     500 feet</div> <div> Primary and parkways*     5%     0.25%     300 feet</div> <div> Secondary      5%     0.25%     200 feet</div> <div> Section and half section line      5%     0.25%     200 feet</div> <div> Local     6%     0.25%     150 feet</div> <div> Cul-de-sac      6%     0.25%     150 feet</div> <div> Marginal access      6%     0.25%     200 feet</div> <div> In Business districts      2%     0.25%     500 feet</div> <bR> <div> Note:*     Minimum standards for these streets shall be as indicated or as determined by the Plan Commission and the County Highway Supervisor.</div> <div> (Ord. 466, Appendix: Minimum Street Design Standards, passed 5-11-98)</div> <div> EXHIBIT 4:  DESIGN CHARACTERISTICS OF STREET PAVEMENTS*  **</div> <bR> <bR> <div> Pavement          Type of Street ***</div> <div> Secondary     Local and Alley</div> <div> Concrete     Uniform (design) thickness     7 inches     6 inches</div> <div> Base (compacted sand base)     3 inches     2 inches</div> <div> Total thickness     10 inches     8 inches</div> <div> Asphaltic concrete ****     Wearing surface     1½ inches     1 inch</div> <div> Binder     3½ inches     2¾inches</div> <div> Water-bound macadam     6 inches     3 inches</div> <div> Compacted aggregate base     8 inches     7½ inches</div> <div> Total thickness     19 inches     14¼inches</div> <bR> <div> Notes:</div> <div> *     These design specifications are based on a California Bearing Ratio (C.B.R.) of 3%.</div> <div> **     All material and workmanship shall be as required to meet current Indiana State Highway Commission Standard Specifications.</div> <div> ***     All primary street design requirements shall be based on information obtained from on-site engineering studies.</div> <div> ****     For intersections and parking strips on residential streets, use secondary street design characteristics.</div> <div> (Ord. 466, Appendix: Minimum Street Design Standards, passed 5-11-98)</div> <div> EXHIBIT 5:  STREET CROSS-SECTION STANDARDS</div> <bR> <bR> <bR> <div> Cross-Section     Right-of-Way     1     2     3     Full Width 4     Parking Data</div> <div> ARTERIAL THOROUGHFARES</div> <div> Cross-section not provided     150 feet     Determined on location     No parking either side</div> <div> PRIMARY STREETS</div> <div> Cross-section not provided     Plates 1 and 2     1 foot     Determined on location     No parking either side</div> <div> SECONDARY STREETS</div> <div> A-A     Plates 1 and 2     1 foot     4 feet     varies     Plates 1 and 2     Parking both sides</div> <div> SECTION AND HALF SECTION LINE</div> <div> A-A     60 feet     1 foot     4 feet     varies     Plates 1 and 2     Parking both sides</div> <div> LOCAL STREETS</div> <div> B-B     Plates 1 and 2     1 foot     4 feet     varies     Plates 1 and 2     Parking one side or both</div> <div> MARGINAL ACCESS</div> <div> C-C     40 feet          4 Feet     varies     Plates 1 and 2     Parking one side</div> <bR> <div> Note:Street trees to be planted 50 feet on center in grass area (3) if space is 6 feet wide or wider.</div> <div> (Ord. 466, Appendix: Minimum Street Design Standards, passed 5-11-98)</div> <div> EXHIBIT 6:  TYPICAL STREET CROSS-SECTIONS (CONCRETE)</div> <bR> <div> (Ord. 466, Appendix: Minimum Street Design Standards, passed 5-11-98)</div> <div> EXHIBIT 7:  TYPICAL STREET CROSS-SECTIONS (ASPHALTIC AND CONCRETE     )</div> <bR> <div> (Ord. 466, Appendix: Minimum Street Design Standards, passed 5-11-98)</div> <div> EXHIBIT 8:  INTEGRAL CURB DETAIL</div> <bR> <div> (Ord. 466, Appendix: Minimum Street Design Standards, passed 5-11-98)</div> <bR> <div> <B>CHAPTER 152:  ZONING</B></div> <div> Section</div> <bR> <div> General Provisions</div> <div> 152.001     Short title</div> <div> 152.002     Purpose</div> <div> 152.003     Statutory authority</div> <div> 152.004     Compliance required</div> <div> 152.005     Jurisdictional area</div> <div> 152.006     Zone maps</div> <div> 152.007     Application</div> <div> 152.008     Restrictive standards</div> <div> 152.009     Rules of construction</div> <div> 152.010     Definitions</div> <div> 152.011     Master Plan</div> <bR> <div> General Zoning Regulations</div> <div> 152.025     Zone group classifications</div> <div> 152.026     Boundaries</div> <div> 152.027     Nonconforming buildings and uses</div> <div> 152.028     Temporary buildings, structures and mobile homes</div> <div> 152.029     Contingent uses</div> <div> 152.030     Special uses</div> <div> 152.031     Mobile home regulations</div> <div> 152.032     Junked motor vehicles</div> <div> 152.033     Flood zone</div> <div> 152.034     Agricultural zone</div> <div> 152.035     Planned Unit Development</div> <bR> <div> Residential Zone Regulations</div> <div> 152.045     Application</div> <div> 152.046     R-1 Single Family</div> <div> 152.047     R-2 Multiple-Family</div> <div> 152.048     R-3 Mobile Home  Park</div> <bR> <div> Commercial Zone Regulations</div> <div> 152.060     Application</div> <div> 152.061     C-1 Neighborhood Commercial</div> <div> 152.062     C-2 Rural Commercial Zone</div> <div> 152.063     C-3 General Commercial</div> <bR> <div> Industrial Zone Regulations</div> <div> 152.075     Application</div> <div> 152.076     I-1 Light Industrial/Heavy Commercial</div> <div> 152.077     I-1 Heavy Industrial</div> <bR> <div> Parking Regulations</div> <div> 152.090     Off-street parking areas</div> <div> 152.091     Additional off-street parking provisions</div> <div> 152.092     Off-street loading</div> <div> 152.093     Public parking areas</div> <bR> <div> Height and Area Regulations</div> <div> 152.105     General height provision</div> <div> 152.106     General area provisions</div> <div> 152.107     Height regulations</div> <div> 152.108     Lot area regulations in residential permitted zone</div> <div> 152.109     Yard regulations</div> <div> 152.110     Recreational space requirements</div> <bR> <div> Development Plan Regulations</div> <div> 152.120     Purpose</div> <div> 152.121     Required developments for development plan</div> <div> 152.122     Pre-application review</div> <div> 152.123     Application for primary approval</div> <div> 152.124     Hearing for primary approval; action by Commission</div> <div> 152.125     Application for secondary approval</div> <div> 152.126     Action by Commission for secondary approval</div> <div> 152.127     Issuance of permit</div> <div> 152.128     Amendments to approved development plan</div> <div> 152.129     Design standards</div> <div> 152.130     Development plan; mobile home parks</div> <div> 152.131     Development plan; planned unit developments</div> <bR> <div> Intensive Livestock Operations</div> <div> 152.145     Permit requirements</div> <div> 152.146     Intensive livestock operation defined</div> <div> 152.147     Livestock operation regulations</div> <div> 152.148     Design criteria for facilities</div> <div> 152.149     Application</div> <div> 152.150     Variance</div> <div> 152.151     Permit requirements</div> <div> 152.152     Additional provisions</div> <bR> <div> Sign Regulations</div> <div> 152.165     Purpose</div> <div> 152.166     General sign provisions</div> <div> 152.167     Exceptions</div> <div> 152.168     Churches, schools and institutions</div> <div> 152.169     F and A Zones</div> <div> 152.170     R-1 and R-2 Zones</div> <div> 152.171     R-3 or Planned Residential Zone</div> <div> 152.172     C and I Zones</div> <div> 152.173     Planned Commercial Zones</div> <div> 152.174     Planned Industrial Zone</div> <bR> <div> Flood Hazard Areas</div> <div> 152.185     Purpose</div> <div> 152.186     Definitions specific to Flood Hazard Areas</div> <div> 152.187     Duties of administrator</div> <div> 152.188     Regulatory flood elevation</div> <div> 152.189     Improvement location permit</div> <div> 152.190     Preventing increased damages</div> <div> 152.191     Protecting buildings</div> <div> 152.192     Additional development requirements</div> <div> 152.193     Variances</div> <div> 152.194     Disclaimer of liability</div> <div> 152.195     Violations</div> <div> 152.196     Abrogation and greater restrictions</div> <bR> <div> Administration and Enforcement</div> <div> 152.210     Plan Commission</div> <div> 152.211     Zoning Administrator</div> <div> 152.212     Board of Zoning Appeals</div> <div> 152.213     Permits, certificates and procedures</div> <div> 152.214     Fees</div> <div> 152.215     Enforcement</div> <div> 152.999     Penalty</div> <bR> <div> Appendix A: Lot area regulations in residential permitted zone</div> <div> Appendix B: Side yard limits</div> <div> Appendix C: Intensive livestock operations; application setbacks</div> <bR> <div> <B>GENERAL PROVISIONS</B></div> <div> § <B>152.001  SHORT TITLE.</B></div> <div> This chapter shall be known, cited and referred to as the Berne, Indiana Replacement Zoning Ordinance of 1998.</div> <div> (Ord. 466, § 1-1-1, passed 5-11-98)</div> <bR> <div> § <B>152.002  PURPOSE.</B></div> <div> The zoning regulations and districts as herein set forth are made in accordance with a comprehensive Master Plan in order that adequate light, air, convenience of access, and safety from fire, flood and other danger may be secured; that congestion in the public streets may be lessened or avoided; and that the public health, safety, comfort, morals, convenience and general welfare may be promoted. They are made with reasonable regard to existing conditions, the character of buildings erected in each district, the most desirable use for which the land in each district may be adapted and the conservation of property values throughout the city and the unincorporated areas under the jurisdiction of the City Plan Commission. The comprehensive Master Plan shall be kept on file in the office of the Plan Commission and shall be available for public inspection during regular business hours. The Master Plan addresses residential, commercial, industrial, transportation, water and sewer needs and plans for the implementation of those improvements.</div> <div> (Ord. 466, § 2-1-1, passed 5-11-98)</div> <bR> <div> § <B>152.003  STATUTORY AUTHORITY.</B></div> <div> (A)     This chapter is adopted pursuant to I.C. 36-7-4 and all acts supplemental and amendatory to it.</div> <div> (B)     The zone maps currently on file with the Plan Commission which are incorporated by reference as a part of this chapter.</div> <div> (Ord. 466,  § 1-2-1, passed 5-11-98)</div> <bR> <div> § <B>152.004  COMPLIANCE REQUIRED.</B></div> <div> No building, dwelling, structure or land shall hereafter be used, and no building, dwelling structure or part thereof shall be erected or moved unless in conformity with the regulations of this chapter.</div> <div> (Ord. 466, § 1-2-2, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § <B>152.005  JURISDICTIONAL AREA.</B></div> <div> The geographic area over which the Plan Commission shall exercise jurisdiction under this chapter consists of all real property within the corporate limits of the city and all real property located within the unincorporated area of Adams County depicted in the survey recorded as Record Plat 4, pages 673-675 in the County Recorder's Office, which survey is incorporated by reference in this chapter. All buildings erected, all uses of land or buildings established, all structural alterations or relocation of buildings and all enlargements of or additions to uses occurring after adoption of this chapter shall be subject to all provisions of this chapter which are applicable to the zoning districts in which those buildings, uses, land or waters shall be located.</div> <div> (Ord. 466, § 1-2-4, passed 5-11-98)</div> <bR> <div> § <B>152.006  ZONE MAPS.</B></div> <div> The zone maps currently on file with the Plan Commission, which are incorporated by reference, are enacted as part of this chapter.</div> <div> (Ord. 466, § 1-2-5, passed 5-11-98)</div> <bR> <div> § <B>152.007  APPLICATION.</B></div> <div> This chapter is not intended to interfere with, abrogate or amend any easements, covenants or other agreements existing prior to its adoption. This chapter is not intended to repeal, abrogate, annul or in any way interfere with any provisions of laws or ordinances existing prior to adoption; or any rules, regulations or permits adopted or issued pursuant to law before that date relating to the use of buildings or premises.</div> <div> (Ord. 466, § 1-2-6, passed 5-11-98)</div> <bR> <div> § <B>152.008  RESTRICTIVE STANDARDS.</B></div> <div> (A)     Whenever the provisions of this chapter are more restrictive, or impose higher standards than are required by any statute of the state or any provision of any other chapter of this code, or of any other ordinance of the city, or by any restrictions or limitations as to particular property established by deed, plat or otherwise running with the land, the provisions of this chapter shall govern.</div> <div> (B)     Whenever the provision of any statute of the state, or of any other ordinance of the city, or any restriction or limitation established by deed, covenant, plat or otherwise running with the land, is more restrictive, or imposes higher standards than are required by this chapter, the provisions of that statute, ordinance, chapter, deed, covenant, plat, restriction or limitation shall govern.</div> <div> (Ord. 466, § 1-2-7, passed 5-11-98)</div> <bR> <div> § <B>152.009  RULES OF CONSTRUCTION.</B></div> <div> (A)     Citations to this chapter shall be by subchapter, chapter, section, division and subdivision.  (Ord. 466, § 1-3-1, passed 5-11-98)</div> <div> (B)     For the purposes of this chapter, certain words and phrases used herein shall be interpreted as follows:</div> <div> (1)     The word “person” includes an individual, firm, association, organization, partnership, trust, company, corporation or any other entity.</div> <div> (2)     The masculine includes the feminine.</div> <div> (3)     The present tense includes the past and future tense, the singular number includes the plural.</div> <div> (4)     The word “shall” is a mandatory requirement, the word “may” is a permissive requirement, and the word “should” is a preferred requirement.</div> <div> (5)     The words “used” and “occupied” include the words “intended, arranged or designed to be used or occupied.”</div> <div> (Ord. 466, § 1-3-2, passed 5-11-98)</div> <bR> <div> § <B>152.010  DEFINITIONS.</B></div> <div> For the purpose of this  chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.</div> <div> ACCESSORY BUILDING OR USE.  A building or use subordinate to another structure or use located on the same lot and which does not change or alter the character of the premises. In no event shall a lot which is not contiguous to the principal use be considered an accessory use.</div> <div> ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE.  A commercial</div> <div> establishment which has a substantial (30% or more) portion of its revenues, floor space or advertising associated with the sale or rental for any form or consideration, of any one or more of the following:.</div> <div> (1)     Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes slides, tapes, records, CD-roms or other forms of visual or audio representations which meet the definition of “harmful to minors,” under I.C. 35-49-2-2 and/or represent or display “sexual conduct” as defined in I.C. 35-42-4-4.</div> <div> (2)     Instruments, devices or paraphernalia which are designed for use in connection with “sexual conduct” as defined in I.C. 35-42-4-4.</div> <div> ADULT ARCADE.  A commercial establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines, or other image producing machines, for viewing by five or fewer persons per machine at any one time, in which a substantial portion (30% or more) of the total presentation time of the images so displayed is devoted to the showing of material which meets the definition of “harmful to minors” as specified in I.C. 35-49-2-2 and/or represents or displays “sexual conduct” as defined in I.C. 35-42-4-4.</div> <div> ADULT CABARET.  Nightclub, bar, restaurant, or similar establishment which features live performances which meet the definition of “harmful to minors” as set forth in I.C. 35-49-2-2 and/or represents or displays “sexual conduct” as defined in I.C. 35-42-4-4 to a clientele who pays any form of consideration for the live performance.</div> <div> ADULT MOTION PICTURE THEATER.  An indoor or outdoor facility with a capacity of six or more persons, where for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion (30% or more) of the total revenue derived from or substantial time (30% or more) is devoted to the showing of material which meets the definition of “harmful to minors” as defined in I.C. 35-49-2-2 and/or displays “sexual conduct” as set forth in I.C. 35-42-4-4, for observation by patrons.</div> <div> ADULT THEATER.  A theater, concert hall, auditorium or similar establishment, either indoor or outdoor, which for any form of consideration, regularly features live performances, a substantial portion (30% or more) of the total presentation time are distinguished or characterized by an emphasis on activities which meet the definition of “harmful to minors” as set forth in I.C. 35-49-2-2 and/or “sexual conduct” as set forth in I.C. 35-42-4-4.</div> <div> AGRICULTURAL LABOR CAMP or MIGRANT WORKER CAMP.  Includes one or more</div> <div> dwellings, mobile homes, tents or vehicles, together with the land appertaining thereto, established, operated, or used as living quarters for five or more adult, seasonal or temporary workers engaged in agricultural activities, including related food processing.</div> <div> AGRICULTURAL USES.  The use of a tract of land, for normal agricultural activities including farming and dairy farming, pasturage, agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating, storing or selling the produce, provided that the operation of any accessory uses shall be secondary to that of the normal agricultural activities.</div> <div> AMORTIZATION.  The process of discontinuing nonconforming land uses.</div> <div> BOARD.  The Board of Zoning Appeals.</div> <div> BUILDING.  A structure having a roof supported by columns or walls designed, built or used for the enclosure, shelter or protection of persons, animals, chattels or property. At no time shall this definition be construed to include mobile homes.</div> <div> BUILDING, DETACHED.  A freestanding building having no structural connection with another building.</div> <div> BUILDING, MAIN.  The building which constitutes the principal use of a lot.</div> <div> BUILDING, NONCONFORMING. A building, lawfully existing at the time this chapter becomes effective, with the regulations set forth in this chapter applicable to the district in which the building is located.</div> <div> BUILDING, SEMI-DETACHED.  A main building having one wall in common with the adjacent main building.</div> <div> BUILDING HEIGHT.  Where the front of the building is contiguous to the street right-of-way line, the vertical distance measured from the adjoining street centerline.</div> <div> BUILDING SETBACK LINE.  The line, established by this chapter, which a building shall not extend beyond unless the line is varied according to procedures in the chapter. This may be applicable to the front, side and/or rear yard.</div> <div> CEMETERY.  Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of a cemetery.</div> <div> CERTIFICATION OF OCCUPANCY. A certificate issued by the Zoning Administration stating that the occupancy and use of land or building referred to therein complies with this chapter.</div> <div> CHURCH.  A building wherein persons regularly assemble for religious worship which is used only for that purpose and those customarily associated accessory uses.</div> <div> CITY.  The City of Berne, Indiana.</div> <div> CITY PARK.  Property owned by the city and designated for use as a park for recreational activities.</div> <div> CLERK-TREASURER.  The Clerk-Treasurer of the City of Berne.</div> <div> CLINIC or MEDICAL HEALTH CENTER.  An establishment where two or more licensed physicians or dentists engage in active practice and where human patients are examined and studied but not hospitalized overnight.</div> <div> COMMISSION.  The City Plan Commission.</div> <div> COMMON COUNCIL.  The Common Council of the City of Berne.</div> <div> CONDOMINIUM.  Real estate which may be defined as a CONDOMINIUM under I.C. 32-1-6-1, the Indiana Horizontal Property Law.</div> <div> COUNTY.  Adams County, Indiana.</div> <div> COURT.  An open unoccupied space on the same lot with a building or group of buildings and bounded on three or more sides by the building or buildings.</div> <div> COVENANT or DEED RESTRICTION.  A private legal restriction on the use of land contained in the deed to the property, normally applied to all lots in any subdivision.</div> <div> DEVELOPMENT PLAN.  A plot plan and supporting information, delineating the location and characteristics of structures, vehicular and pedestrian areas, utilities, storm water drainage, signage, landscaping, and other accessory facilities to be constructed, modified or reconstructed on a parcel or parcels of real estate.</div> <div> DISTRICT or ZONE.  Refer to ZONE, as defined in this section.</div> <div> DWELLING.  A structure or building or portion thereof, used exclusively for residential occupancy; including single-family, two-family and multiple-family dwellings, but not including hotels, motels, lodging or boarding houses or tourist homes.</div> <div> DWELLING, MULTIPLE-FAMILY. A dwelling or portion thereof used for occupancy by three or more families living independently of each other.</div> <div> DWELLING, MULTIPLE GROUP. A group of two or more multiple dwellings occupying a parcel of land in common ownership and having any yard, court, compound or service in common.</div> <div> DWELLING, SINGLE-FAMILY. A dwelling used for occupancy by one family.</div> <div> DWELLING,  TWO-FAMILY.  A dwelling, or portion thereof, used for occupancy by two families living independently of each other.</div> <div> DWELLING UNIT.  A dwelling or a portion of a two-family or multiple-family dwelling or of an apartment used by one family for cooking, living and sleeping purposes.</div> <div> EASEMENT.  An authorization or grant by a property owner to a specific person or to the public to use land for specific purposes.</div> <div> EDUCATION INSTITUTION.  Pre-primary, primary or grade, public, parochial or private school, high school preparatory school or academy, public or founded or owned or conducted by or under the sponsorship of a religious or charitable organization; private preparatory school or academy furnishing courses of instruction substantially equivalent to the courses offered by public high school for preparation of admission to college or university, public or founded or conducted by or under the sponsorship of a religious or charitable organization, or private when not conducted as a commercial enterprise for the profit of individual owners or stockholders. This definition shall not be deemed to include trade or business school as defined in this chapter.</div> <div> ESSENTIAL SERVICES.  Service lines, distribution systems and all appurtenances constructed or maintained for or by a utility company for the aforementioned uses, either private or governmental.</div> <div> FAMILY.  An individual, or a group of two or more persons related by blood, marriage or adoption, together with not more than three additional persons not related by blood, marriage or adoption, living together as a nonprofit single housekeeping unit. However, domestic servants employed on the premises may be housed on the premises without being counted as a member of the family.</div> <div> FLOODPLAIN.  The areas adjoining any river or stream which have been or may be expected hereafter to be covered by flood water as established from data supplied by the Division of Water of the Indiana Department of Natural Resources.</div> <div> FLOODWAY.  The channel of a river or stream and those portions of the floodplain adjoining the channels which are required to efficiently carry the discharge of flood water or flood flow of any river or stream.</div> <div> FLOOR AREA, GROSS.  The sum, in square feet, of the floor areas of all roofed portions of a building, as measured from the interior walls. It includes the total of all space on all floors of a building. It does not include porches, garages or space in a basement or cellar when the basement or cellar space is used for storage or other incidental uses. The gross floor area is generally applied in residential use.</div> <div> FLOOR AREA, NET.  The floor area of the specified use excluding stairs, washrooms, elevator shafts, maintenance shafts and rooms, storage spaces, display windows, fitting rooms and the like in a nonresidential building.</div> <div> GARAGE, PRIVATE.  A privately-owned detached accessory building or a portion of a main building used as an off-street parking area where the capacity does not exceed three vehicles, or not more than two vehicles per family housed in the building to which the garage is accessory, whichever is the greater; not more than one-third of the total number of vehicles stored in the garage shall be commercial vehicles.</div> <div> GARAGE, PUBLIC.  Any building, other than a private garage, used as a public parking area or which is used for repair, rental, greasing, washing, servicing, adjusting or equipping of motor vehicles.</div> <div> HAZARDOUS WASTES.  Any solid or liquid waste with inherent dangers, including but not limited to toxic chemicals, explosives, pathological wastes, radioactive materials, flammable materials likely to cause fires, liquids, semi-liquids, sludges containing less than 30% solids, pesticides, pesticide containers, raw animal manure, septic tank pumpings and raw or digested sewer sludge.</div> <div> HOME OCCUPATION.  Any gainful occupation or profession conducted entirely within a dwelling, which use is clearly incidental and secondary to the use as a dwelling and carried on only by an occupant or an occupant's family residing in that dwelling, and in connection with which there is no commodity sold upon the premises except that which is produced by the home occupation.</div> <div> HOME WORKSHOP OR BUSINESS.  A gainful occupation or profession conducted entirely within a dwelling, or in an accessory building located on the same lot, parcel or tract of land as the dwelling, and carried on by an occupant or an occupant's family residing in that dwelling and by no more than two employees, associates or partners who are not members of the family, which use is clearly incidental and secondary to the use as a dwelling.</div> <div> HOSPITAL. Sanitarium, sanatorium, or  preventorium, provided the institution is operated by or treatment given under direct supervision of a physician licensed to practice by the State of Indiana and where human patients may remain overnight.</div> <div> HOSPITAL, ANIMAL. A lot, building, structure, enclosure or premises whereon or wherein three or more dogs, cats and other domestic animals are kept or maintained and which is operated by, or the treatment therein is under direct supervision of, a veterinarian licensed to practice by the State of Indiana.</div> <div> HOTEL and MOTEL.  A building, group of buildings or portion thereof in which more than five guest rooms are provided as temporary accommodations for compensation to transient guests.</div> <div> IMPROVEMENT LOCATION PERMIT.  A permit issued by the Zoning Administrator, stating that the proposed erecting, construction, enlargement or moving of a building or structure referred to therein complies with the provisions of this chapter.</div> <div> INTENSIVE LIVESTOCK OPERATION.  A confined livestock feeding operation conducted on a tract or adjacent tracts of land which meets the criteria set forth in §§ 152.145 through 152.152.</div> <div> JUICE BAR.  An adult cabaret which does not serve alcoholic beverages.</div> <div> JUNK.  Old scrap copper, brass, rags, batteries, paper, rubber, debris, iron, steel and other old or scrap ferrous or non-ferrous materials or junked, dismantled, abandoned or wrecked motor vehicles or parts of them.</div> <div> JUNK YARD.  An establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile salvage yard, and the term shall include garbage dumps and sanitary landfills, but shall not include a scrap metal processing facility.</div> <div> KENNEL.  A lot, building, structure, enclosure or premises whereon or wherein dogs or cats are maintained, boarded, bred, kept or cared for in return for remuneration, or are kept for the purpose of sale or are groomed, trained or handled for others.</div> <div> LOT.  A parcel of land defined by metes and bounds or boundary lines in a recorded deed or on a recorded plat in the office of the County Recorder and fronting on a legally dedicated public thoroughfare. In determining lot area, no part thereof within the limits of the proposed street right-of-way shall be included.</div> <div> LOT, CORNER.  A lot abutting two or more streets at their intersection.</div> <div> LOT, FRONT.  That part of a lot adjacent to  and parallel with the street. The front of a corner lot shall be determined at the time of application for the improvement location permit by either the owner, builder, developer or their agent and the Zoning Administrators.</div> <div> LOT, INTERIOR.  A lot with only one frontage on a street.</div> <div> LOT DEPTH. The distance between the mid- points of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.</div> <div> LOT LINES.  Lines bounding a lot as follows:</div> <div> LOT LINE, FRONT.  The line running along the front of the lot and separating it from the street. In this chapter, the FRONT LOT LINE is called the “front street line.” In a through lot both lines abutting the streets are deemed front street lines.</div> <div> LOT LINE, REAR.  The lot line generally opposite and parallel to the front street line except in a through lot. If a REAR LOT LINE is less than ten feet long or the lot comes to a point at the rear, the REAR LOT LINE is assumed to be a line at last ten feet long, lying wholly within the lot, parallel to the front street line, or, if the front street line is curved, parallel to the cord of the arc of the front street line.</div> <div> LOT LINE, SIDE.  Any lot line other than a front street line or a real lot line. A SIDE LOT LINE separating the lot from a street is a “side street line.”</div> <div> MANUFACTURED HOME.  A dwelling unit designed and built in a factory, which bears a seal certifying that it was built in compliance with the Federal Manufactured Housing Construction and Safety Standards Law (1974 USC 5401 et seq.) or the</div> <div> Indiana One and Two-Family Dwelling Code (675 I.A.C. 14-1) or the Indiana Uniform Building Code (675 I.A.C. 13-2 and 675 I.A.C. 13-3) in the case of multiple-family dwelling units, which was constructed after January 1,1981, which exceeds 950 square feet of occupied floor space and which is placed on a permanent foundation.</div> <div> MASTER PLAN.  The complete plan, or any of its parts, serving as a guide for the development of the city and the unincorporated area under the jurisdiction of the City Plan Commission prepared by or for the Commission and adopted by the Common Council in accordance with the authority conferred by I.C. 36-7-4 and all acts amendatory thereto, as is now or may hereafter be in effect.</div> <div> MOBILE HOME.  A single-family dwelling or vehicular, portable design built on a chassis and designed to be moved from one site to another and to be used without a permanent foundation. A recreational vehicle shall not be construed to mean a</div> <div> MOBILE HOME in this chapter.</div> <div> MOBILE HOME PARK.  An area of land used for the parking of two or more mobile homes which are being used for dwelling purposes.</div> <div> MOBILE HOME LOT.  The area of land in a mobile home park intended for the parking of one mobile home.</div> <div> MOTOR VEHICLE.  Shall include automobiles, trucks, recreational vehicles, tractors, trailers, semi-trailers, airplanes, buses, farm implements, motorcycles and motor scooters, whether self- propelled or designed to be pushed, pulled or carried by another motor vehicle.</div> <div> NONCONFORMING STRUCTURE.  A legally existing building which fails to comply with the regulations set forth in this chapter applicable to the district in which the building is located.</div> <div> NONCONFORMING USE OF LAND.  A lawful use of land which exists at the effective date of adoption or amendment of this chapter, that would be prohibited, regulated or restricted under the terms of this chapter or future amendments.</div> <div> NONCONFORMING USE OF STRUCTURE.  A lawful use of a structure, or use of a structure and land in combination, which exists at the effective date of adoption or amendment of this chapter, that would not be allowed in the zone in which it is located under the terms of this chapter.</div> <div> NUDE MODEL STUDIO.  A place where a person who appears in a state of nudity is observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons who pay money or any other form of consideration or the display is characterized by an emphasis on activities which meet the definition of “harmful to minors” as set forth in I.C. 35-49-2-2 and/or “sexual conduct” as set forth in I.C. 35-42-4-4. This definition shall not apply to colleges or universities who are accredited by a nationally recognized accrediting organization.</div> <div> NUDITY.  The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of covered male genitals in a discernibly turgid state. BUTTOCK means either of the two rounded prominences on the human torso that are posterior to the hips and formed by the gluteal muscles to the hips and underlying structures.</div> <div> PARKING AREA, OFF-STREET.  An area other than on a street or alley, designed for use for the temporary storage of a motor vehicle.</div> <div> PARKING AREA, PUBLIC.  An area, other than a street or alley used for the temporary storage of four or more motor vehicles and available for public use, whether free, for compensation or as an accommodation for clients or customers.</div> <div> PEEP SHOW FACILITY.  An establishment utilizing a device operated manually, mechanically, magnetically, electrically or electronically which exhibits, displays, projects or illuminates photographed, videotaped, or magnetically reproduced images, or exposes live entertainment to the viewer while the viewer is in a booth or stall, distinguished or characterized by an emphasis on matter depicting “sexual conduct” as defined by I.C. 35-42-4-4, or nudity for observation by patrons thereof.</div> <div> PLANNED UNIT DEVELOPMENT. A development in which the developer wishes flexibility of district regulations governing lot size, yards, setbacks, and building location or size. A planned unit development may be a subdivision which is being developed as a unit under single ownership or control whose intent is to sell individual lots or estates, whether fronting on private or dedicated streets.</div> <div> RECREATIONAL VEHICLE.  A temporary dwelling for travel, recreation and vacation use, including but not limited to travel trailer, pickup coach, motor home, camping trailer and tent.</div> <div> RECREATIONAL VEHICLE PARK.  An area of land used for the parking of two or more recreational vehicles which are being used for temporary dwelling purposes.</div> <div> REFUSE PICKUP OR TRANSFER STATION.  An area where facilities are located for the temporary storage of refuse. These areas may serve as convenient collection points for refuse if contained in approved containers and removed to a final disposal site on a regular basis.</div> <div> RELIGIOUS INSTITUTION. A church, synagogue, mosque, temple or building which is used primarily for religious worship of a supreme being or beings.</div> <div> ROOT PARCEL OF LAND.  Any parcel of land shown as a unit, or as contiguous units on the last preceding transfer of property prior to June 1, 1998.</div> <div> SANITARY LANDFILL.  A method of disposing of refuse or land without creating nuisances and hazards to public health, safety and welfare by utilizing principles of engineering and other practices to confine the refuse to the smallest practical volume, covering it with a layer of suitable cover at the conclusion of each day's operation (or at more frequent intervals as necessary), and operated in compliance with all federal and state environmental regulations and this chapter.</div> <div> SCREENING.  A structure erected or vegetation planted which eventually is of sufficient height and density for concealing all area from view.</div> <div> SEXUAL ENCOUNTER CENTER. An enterprise that as one of its business purposes, offers for any form of consideration, the following:</div> <div> (1)     Physical contact in the form of wrestling or tumbling between persons of the opposite sex.</div> <div> (2)     Activities between male and female persons and/or persons of the same sex where one or more persons appears in a state of nudity or where the</div> <div> activities in subdivision (1) or (2) herein are characterized by an emphasis on activities which meet the definition of “harmful to minors” as set forth in I.C. 35-49-2-2 and/or “sexual conduct” as set forth in I.C. 35-42-4-4.</div> <div> SIGN.  Any board, device, structure or part thereof used for advertising, display or publicity purposes. Signs placed or erected by governmental agencies for the purposes of showing street names or traffic directions or regulations for other governmental purposes shall not be included herein.</div> <div> NAME PLATE.  A sign for residential housing units identifying the occupancy and address of the premises, and may include only house numbers.</div> <div> SIGN, CONSTRUCTION. Any sign announcing the names of architects, engineers, contractors or other individuals or firms involved with the construction, alteration, or repair of a building project or announcing the character of the building enterprise or the purpose for which the project is intended.</div> <div> SIGN, ENTRANCE.  A sign used to identify a planned district or platted subdivision with the intention of providing knowledge about the complete project and not a single entity or unit.</div> <div> SIGN, FREESTANDING.  A sign which is completely or principally self-supported by posts or other supports independent of any building.</div> <div> SIGN, MARQUEE.  A sign displayed, erected or supported upon an overhanging marquee, canopy, awning or other similar cover or shelter.</div> <div> SIGN, OFF-PREMISES. Any sign advertising a business, use, activity, product or merchandise not sold, handled or occurring on the property on which the sign is located.</div> <div> SIGN, ON-PREMISES. Any sign advertising a business, use, activity, product or merchandise that is sold, handled or occurring on the property on which the sign is located.</div> <div> SIGN, POLITICAL.  Any temporary sign pertaining to an election or a referendum or carrying the picture or name of a person seeking election or appointment to a public office.</div> <div> SIGN TEMPORARY.  A sign which is not permanently installed, such as an advertising display constructed of cloth, canvas, light fabric, cardboard or other light material.</div> <div> STREET or ROAD.  A public way established or dedicated by duly recorded plat, deed, grant, governmental authority or by operation of law for the purposes of vehicular traffic. A street may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive or other appropriate name. For the purpose of this chapter, streets shall be classified as follows:</div> <div> ARTERIAL THOROUGHFARE.  This type of facility serves plainly to move through traffic. Indiana and U.S. marked routes are considered under this classification. Where a highway is a non-limited access route, these facilities also perform a secondary function of providing direct access to abutting land and thus interconnect principal traffic generators.</div> <div> PRIMARY OR MAJOR ROUTES.  These facilities connect cities with each other as wall as to link smaller to towns or settlements with the arterial thoroughfare system. Primary routes provide access to abutting land and generally serve all principal traffic generators.</div> <div> SECONDARY OR CONNECTOR ROADS.  These facilities serve intra-city movements of traffic, such as that moving between a subdivision and major street. The principal difference between the connector road and streets or roads or higher classification is the length of trip each principally serves. They are intended to supply the abutting property with the same degree of land service as the local street, while at the same time serving larger volumes of traffic.</div> <div> LOCAL OR RESIDENTIAL SHEETS.  The sole function of these streets is to provide access to the immediately adjacent property. Local access streets are intended to carry low volumes of traffic.</div> <div> STRUCTURE.  Anything constructed, erected or placed which requires location on or in the ground, or attached to something having a location on or in the ground. Devices used for the support of wires or appurtenances supplying public utility services shall not be considered as structures under this chapter. A home satellite dish for television reception shall be considered a structure. Oil wells, derricks and related equipment including storage tanks shall be considered as structures. A transmission line and its towers and associated structures shall be permitted by the obtaining of one permit for the entire construction project in the city. If not enforceable due to conflicts with eminent domain, a map showing the location of lines and towers and other needed information shall be requested.</div> <div> SUBDIVISION.  The division of a root parcel of land. All subdivisions shall be classified as exempt subdivisions, minor subdivisions, or major subdivisions. There shall be no further division of a subdivision (includes a split-off from a root parcel) unless the further division is exempt as provided below.</div> <div> EXEMPT SUBDIVISION.</div> <div> (a)     The division of a root parcel into not more than three parcels. This will allow two splits of a root parcel.</div> <div> (b)     A court ordered partition of land.</div> <div> (c)     The division of land by testamentary or intestate succession. This exemption does not include the division of land by estate personal representatives or by requested court orders where the court order is not merely fulfilling the terms of  a testamentary or intestate transfer.</div> <div> (d)     The sale or exchange of parcels or parts thereof, between adjoining lot owners where the sale or exchange does not create additional building sites, such as where adjoining landowners exchange land in order to correct or straighten property lines.</div> <div> (e)     The division of land for purely agricultural purposes, not involving any new public ways or easements, and not reasonably expected to result in new building sites whether presently or in the future, and includes 20 acres of land per parcel.</div> <div> (f)     The sale or exchange of a parcel of land by contract, if the contract was executed prior to January 1, 1998.</div> <div> MAJOR SUBDIVISION.  The division of a root parcel into more than five parcels.</div> <div> MINOR SUBDIVISION.  The division of a root parcel into five or fewer parcels.</div> <div> TOURIST HOME.  A building in which one but not more than five guest rooms are used to provide or offer overnight accommodations for transient guests, also known as bed and breakfast inns.</div> <div> TRADE OR BUSINESS SCHOOL.  Secretarial school or college, business school or college when not public and not owned or conducted by or under the sponsorship of a religious or charitable organization, school conducted as commercial enterprise for teaching instrumental music, dancing. barbering, martial arts, hair dressing, or for teaching industrial skills in which machinery is employed as a means of instruction. This definition shall not be deemed to include educational institutions as defined in this section.</div> <div> USE.  The employment or occupancy of a building, structure or land for a person's service, benefit or enjoyment.</div> <div> USE, CONTINGENT.  A use that is essential or desirable to the public convenience or welfare but is not necessarily a permitted use.</div> <div> USE, PERMITTED.  A use that is allowed, as a right, within a certain zone.</div> <div> USE, SPECIAL.  A use that is desired in a certain zone and is not a permitted use that will not be detrimental to the surrounding area.</div> <div> VARIANCE.  A modification of the strict terms of the relevant regulations of this chapter where the modification will not be contrary to the public interest, and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.</div> <div> YARD.  A space on the same lot with a main building, open, unoccupied and unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in this chapter.</div> <div> YARD, FRONT.  A yard extending across the full width of the lot, the depth of which shall be the least distance between the front lot line and the front of the main building.</div> <div> YARD, REAR.  A yard extending across the full width of the lot between the rearmost main building and the rear lot line, the depth of which should be the least distance between the rear lot line and the rear of the main building.</div> <div> YARD, SIDE.  A yard between the main building and the side lot line extending from the front yard or front lot line, where no front yard is required, to the rear yard. The depth of the required side yard is measured horizontally at 90 degree angles with the side lot line from the nearest point of the side lot line to the nearest part of the main building.</div> <div> ZONE.  A section of the jurisdictional area of the city for which uniform regulations governing the use, height, area, size and intensity of use of buildings and land, and open space about buildings as established by this chapter.</div> <div> ZONING ADMINISTRATOR. The officer designated and authorized by the Commission to enforce the zoning requirements.</div> <div> (Ord. 466, § 1-4-1, passed 5-11-98)</div> <bR> <div> §<B> 152.011  MASTER PLAN.</B></div> <div> (A)     Purpose.  The Comprehensive Master Plan recognizes the city land and resources as precious assets which should be used wisely. The aims of the Master Plan are as follows:</div> <div> (1)     To secure adequate light, air, convenience of access and safety from fire, flood and other danger.</div> <div> (2)     To lessen or avoid congestion in the public streets.</div> <div> (3)     To promote public health, safety, comfort, convenience and general public welfare.</div> <div> (Ord. 466, § 1-5-1, passed 5-11-98)</div> <div> (B)     The Master Plan shall be kept on file in the office of the City Plan Commission and shall be available for public inspection during regular business hours.</div> <div> (Ord. 466, § 1-5-2, passed 5-11-98)</div> <bR> <div> <B>GENERAL ZONING REGULATIONS</B></div> <div> § <B>152.025  ZONE GROUP CLASSIFICATIONS.</B></div> <div> (A)     (1)     Whenever the terms “F Zone, A Zone, R Zone, C Zone or I Zone” are used, they shall be deemed to refer to all zones containing the same letters in their names and where the letters shall mean the following:</div> <div> F     Floodplain</div> <div> A     Agricultural</div> <div> R     Residential</div> <div> C     Commercial</div> <div> I     Industrial</div> <div> (2)     For example, the Commercial Zone (C Zone) shall include the C-1, C-2, and C-3 Zones.</div> <div> (Ord. 466, § 2-2-1, passed 5-11-98)</div> <div> (B)     (1)     For the purposes of this chapter, all land falling within the jurisdiction of this chapter is hereby divided into ten districts or zones designated as follows:</div> <div> F     Floodplain zone</div> <div> A     Agricultural zone</div> <div> R-1     Single-Family zone</div> <div> R-2     Multiple-Family zone</div> <div> R-3     Mobile Home Park zone</div> <div> C-1     Neighborhood Commercial zone</div> <div> C-2     Rural Commercial zone</div> <div> C-3     General Commercial zone</div> <div> I-1     Light Industrial/Heavy Commercial zone</div> <div> I-2     Heavy Industrial Zone</div> <div> (2)     The above zones and boundaries of those zones are hereby established as shown on the maps entitled, “Berne City Zoning map No. 1 and No. 2,” dated 5-11-98, which accompany City Ordinance 466. The maps and all explanatory matter thereon are hereby adopted and made a part of this chapter. The maps shall remain on file at the office of the Commission.</div> <div> (Ord. 466, § 2-2-2, passed 5-11-98)</div> <div> (C)     Lands which may hereafter become unincorporated areas of the city shall be included in the A Zone until changed by amendment to this chapter.  (Ord. 466, § 2-4-6, passed 5-11-98)</div> <bR> <div> § <B>152.026  BOUNDARIES.</B></div> <div> Unless otherwise indicated, the zone boundary lines are land lines, the centerlines of streets, parkways, alleys or railroad rights-of-way, or these lines extended. Other lines within blocks are rear or side lot lines or those lines extended. Where the physical layout existing on the ground varies from the layout as shown on the zoning map due to the scale, lack of detail or eligibility of the zoning map, the Zoning Administrator shall interpret the map according to the reasonable intent of this chapter.</div> <div> (Ord. 466, § 2-2-3, passed 5-11-98)</div> <bR> <div> § <B>152.027  NONCONFORMING BUILDINGS AND USES.</B></div> <div> (A)     Nonconforming uses and structures.  Within the districts or zones established by this chapter or by amendments that may later be adopted, there exist nonconforming structures, nonconforming uses of land, and nonconforming uses of structures or of structures and land in combination, which were lawful before this section was passed or amended, but which would be prohibited, regulated or restricted under the terms of this section or future amendments hereto. It is the intent of this section to permit these nonconforming uses to continue until they are removed, but not to encourage their survival. It is further the intent of this section that nonconforming uses shall not be enlarged upon, expanded or extended, nor that they be used as grounds for adding other structures or uses which are prohibited elsewhere in the same zone. Illegal uses existing at the time this chapter is enacted shall not be validated by virtue of its enactment.  (`84 Code, Article 2, Chapter 3, Intro.)</div> <div> (B)     Continuation of nonconforming structures.</div> <div> (1)     Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not now be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk or other requirements contending the structure, the structure may be continued so long as it remains otherwise lawful.</div> <div> (2)     A nonconforming structure may be repaired or altered, provided no structural change shall be made.</div> <div> (3)     A structure, nonconforming as to height, yard or lot area requirements, shall not be added to or enlarged in any manner unless the structure, including any addition or enlargement, is made to conform to the height, yard or lot area requirements of the zone in which it is located.</div> <div> (4)     No nonconforming structure shall be moved in whole or in part to any other location on the lot unless every portion of each structure is made to conform to all the regulations of the zone in which it is located.</div> <div> (Ord. 466, § 2-3-1, passed 5-11-98)</div> <div> (C)     Continuation of nonconforming uses of land.</div> <div> Where, at the time of adoption or amendment of this chapter, lawful uses of land exist which would not be permitted by the regulations imposed by this chapter, the uses may be continued so long as they remain otherwise lawful, subject to the following provisions:</div> <div> (1)     No nonconforming uses shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.</div> <div> (2)     No nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by those uses at the effective date of adoption or amendment of this chapter.</div> <div> (3)     No additional structure which does not conform to the requirements of this chapter shall be erected in connection with the nonconforming uses of land.</div> <div> (Ord. 466, § 2-3-2, passed 5-11-98)</div> <div> (D)     Continuation of nonconforming uses of structures or of structures and land in combination.  If a lawful use of a structure or use of a structure and land in combination exists at the effective date of adoption or amendment of this chapter that would not now be allowed in the zone in which it is located under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:</div> <div> (1)     A nonconforming use of a structure, designed for a conforming use, shall not be expanded or extended into any other portion of the conforming structure, nor changed except to a conforming use.</div> <div> (2)     Any structure or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone, and the nonconforming use may not thereafter be resumed.</div> <div> (3)     Where nonconforming use status applies to a structure and landing combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.</div> <div> (Ord. 466, § 2-3-3, passed 5-11-98)</div> <div> (E)     Conforming mobile home park.  Any mobile home park which exists upon the effective date of adoption or amendment of this chapter and which is located in a zone which permits a mobile home park, either as a permitted use or as a special exemption, shall be regarded as a conforming use and may be continued except that any change in layout, expansion or extension shall be subject to all provisions of this chapter.  (Ord. 466, § 2-3-4, passed 5-11-98)</div> <div> (F)     Nonconforming variance.</div> <div> (1)     The Board may authorize, upon appeals in specific cases, a variance from the terms of this chapter as will not be contrary to the public interest, and where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done; provided, however, that no action shall be taken or decision made except after public hearing.</div> <div> (2)     To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building or development on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter, and upon which actual building construction has carried on diligently. Where demolition or removal of an existing building has been substantially begun and/or preparatory to rebuilding, the demolition or removal shall be deemed to be actual construction, provided that the work shall be carried on diligently. ACTUAL CONSTRUCTION is defined as work done which is beyond the preparation stage and which is into the stage where changes or additions are made permanent.</div> <div> (Ord. 466, § 2-3-5, passed 5-11-98)</div> <div> (G)     Amortization of nonconforming uses of buildings.</div> <div> (1)     Whenever a nonconforming use has been discontinued for a period of 12 months, the use shall not thereafter be reestablished, and the use thereafter shall conform to the provisions of this chapter, except when the nonconforming use is dependent on seasonal trade, the discontinued period shall be extended to 14 months.</div> <div> (2)     No building damaged by fire or other causes, to the extent that its restoration will cost more than double its assessed valuation, shall be repaired or rebuilt except to conform to the provisions of this chapter.</div> <div> (Ord. 466, § 2-3-6, passed 5-11-98)</div> <div> (H)     Nonconformance due to reclassifications.  The provisions of this section shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to reclassification of zones under this chapter, or any subsequent change in the regulations of this chapter, and any time periods specified for amortization of nonconforming uses shall be measured from the date of any reclassification or change.  (Ord. 466, § 2-3-7, passed 5-11-98)</div> <div> Penalty, see § 152.999</div> <bR> <div> § <B>152.028  TEMPORARY BUILDINGS, STRUCTURES AND MOBILE HOMES.</B></div> <div> (A)     No temporary building or temporary structure shall be erected, reconstructed, enlarged, or moved on to any lot, plot or tract of land other than for agricultural purposes or as a temporary construction field office unless it conforms with this chapter.</div> <div> (B)     (1)     A mobile home may be moved onto a lot, plot or tract of land and be used as a temporary residence for a period of one year during the construction time of a permanent residence on the same lot, plot or tract. Prior to the moving of any mobile home onto any lot, plot or tract for that purpose, the owner shall obtain a special exception grant from the Board of Zoning Appeals. The grant shall run for a period of one year. Upon expiration, the grant may be extended for one additional year by the Zoning Administrator upon adequate showing by the owner that the construction of the residence has not progressed to a livable stage due to conditions beyond his control. Only one extension shall be allowed for the grant; after the final expiration of the grant, the mobile home shall be vacated and removed within 30 days of the expiration date.</div> <div> (2)     The temporary residence shall comply with all city and state health requirements which would be imposed upon a permanent residence on the same lot, plot or tract.</div> <div> (C)     In an A Zone, a mobile home or travel trailer may be moved onto a lot, plot or tract of land and be used as a temporary accessory use without regard to the other provisions of this chapter for a period of time determined by a special exception grant from the Board of Zoning Appeals, and providing that the following conditions are met:</div> <div> (1)     The mobile home or travel trailer shall be permitted only on property having no permanent dwelling.</div> <div> (2)     The mobile home or travel trailer shall not be permitted to encroach on the required yard or setback as specified by the zone in which it is located.</div> <div> (3)     The mobile home or travel trailer shall not be moved onto a property unless an improvement location permit has been issued, and it shall not be used for dwelling purposes until a certificate of occupancy has been issued.</div> <div> (4)     The application for the improvement location permit and the certificate of occupancy shall be accompanied by a letter from the County Board of Health and State Board of Health stating that the proposed method of water supply and sanitary waste disposal meets their requirements.</div> <div> (5)     Each mobile home or travel trailer shall contain a flush toilet, sleeping accommodations, tub or shower bath, kitchen facilities and plumbing and electrical connections designed for and attached to appropriate external systems.</div> <div> (6)     Personal goods and articles, other than vehicles, fuel tanks, boats and similar items too large to reasonably enclose shall be stored on the lot in a completely enclosed structure.</div> <div> (7)     After the grant of the special exception by the Board of Zoning Appeals, the Zoning Administrator has the authority to issue the improvement location permit and certificate of occupancy if the above and all other applicable regulations and requirements are met.</div> <div> (D)     No mobile homes, mobile home offices and semi-trailers shall be permitted as permanent storage sheds in any zone.</div> <div> (Ord. 466, § 2-4-1, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § <B>152.029  CONTINGENT USES.</B></div> <div> (A)     The contingent uses hereinafter set forth shall be permitted by the Board, only after public hearing, in any district where the uses are essential or desirable to the public convenience or welfare, or if the refusal of this permit would create an undue hardship on the applicant. No permit for a contingent use shall be granted if the Board shall find that the use is in conflict with any plan duly adopted by ordinance, or if the Board determines the proposed use will be detrimental to the surrounding area. In the exercise of its approval, the Board may impose additional conditions regarding the location, character, and other features of the proposed building, structure, or use as may be reasonably required to further the purposes of this chapter.</div> <div> (B)     All contingent uses which existed upon the effective date of this chapter shall be regarded as conforming uses and may be continued, except that major changes in layout, expansions or extension to those uses shall be subject to Board review and approval as required for contingent use.</div> <div> (C)     Permitted contingent uses are identified as follows:</div> <div> (1)     An airport or similarly designed area for the landing and taking off of aircraft, with the following provisions:</div> <div> (a)     The proposed location has been approved by the Commission as to compatibility with the Master Plan for the physical development of the city.</div> <div> (b)     The area and the arrangement of all improvements shall be sufficient, for the class of airport proposed, to meet the requirements of the Federal Aviation Agency, the Aeronautic Administration of Indiana, and any other rightfully involved governmental agency.</div> <div> (c)     Any proposed buildings, hangars, or other structures shall be at least 100 feet from any street or lot line.</div> <div> (d)     No application shall be considered unless it is accompanied by a plan, drawn to scale, showing the proposed location of the airport; boundary lines; dimensions; names of owners of abutting properties; proposed layout of runways, landing strips or areas, taxi strips, aprons, roads, parking areas, hangars, buildings, and other structures and facilities; the location and height of all buildings, structures, trees and overhead wires falling within the airport approach zones and less than 500 feet distant from the boundary lines of the airport; other pertinent data, such as topography and grading plan, drainage, water and sewerage, and the like.</div> <div> (2)     Cemetery.</div> <div> (3)     Governmental installation not otherwise permitted.</div> <div> (4)     A hospital, nursing home, sanitarium or asylum which does not treat mental, drug or alcoholic patients.</div> <div> (5)     Medical health center or clinic, with parking provided as specified by this chapter.</div> <div> (6)     Public utility facilities such as radio and television transmitter stations and towers; petroleum and natural gas transmission lines, pumping stations and facilities; electric substations and telephone exchanges where not otherwise permitted by this chapter; railroad lines; classification yards and terminals; and other similar uses of a public utility or public service nature, including structures and appurtenances for their enclosure, maintenance and operation.</div> <div> (7)     Educational institution, including churches.</div> <div> (8)     Fairgrounds.</div> <div> (9)     Nonprofit recreational establishments or uses.</div> <div> (10)  Private school.</div> <div> (11)  Golf course.</div> <div> (Ord. 466, § 2-4-2, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> §<B> 152.030  SPECIAL USES.</B></div> <div> (A)     The special uses hereinafter set forth shall be permitted by the Board, only after public hearing, in zones indicated in division (C) of this section, where the uses are essential or desirable to the public convenience or welfare, or if the refusal of this permit would create an undue hardship on the applicant. No permit for a special use shall be granted if the Board shall find that the use is in conflict with any plan duly adopted by ordinance, or if the Board determines the proposed use will be detrimental to the surrounding area. In the exercise of its approval, the Board may impose additional conditions regarding the location, character and other features of the proposed building, structure or use as may be reasonably required to further the purposes of this chapter.</div> <div> (1)     Considerations for any special use.  In considering a petition for any permitted special use, the Board shall give due regard to the following factors as they will apply to the particular situation:</div> <div> (a)     The location and size of the use; the nature and intensity of the operations involved in or conducted in connection with it; its site layout, including parking space requirements; and its relation to streets giving access to it so that vehicular traffic to and from the use will not create undue hazards to the normal traffic of the vicinity, taking into account, among other things, vehicular turning movement in relation to routes of traffic flow, relation to street intersections, sight distances, and relation to pedestrian traffic.</div> <div> (b)     The nature, location, size and site layout of the use so that it will be harmonious to the district in which it is situated.</div> <div> (2)     Authorization for continuance.</div> <div> (a)     All special uses, except sanitary landfills and incinerators, which existed upon the effective date of this chapter and which are located in a district which would permit the use in accordance with the provisions of this section, shall be regarded as conforming uses and may be continued, except that major changes in layout, expansion or extension to the uses shall be subject to Board review and approval as required for special exception.</div> <div> (b)     All special uses hereafter authorized by the Board in accordance with the provisions of this section shall be regarded as conforming uses and may be continued, except that major changes in layout, expansion or extension to the use shall be subject to Board review and approval as required for special uses.</div> <div> (3)     Uses which may be allowed by the Board.</div> <div> (a)     Animal hospitals, veterinary clinics, animal boarding places and kennels.  In any A or F zone, a veterinary clinic, animal hospital, animal boarding place, or kennel, provided that no part of any building, pen or run shall be within 300 feet of any adjoining residence.</div> <div> (b)     Antique shop.  In any A zone, an antique shop, provided that any outdoor display of articles for sale shall be at least 50 feet from any street or property line.</div> <div> (c)     Child care home.  In any A, R-1 or R-2 zone, a child care home or nursery school upon a finding by the Board that the use will not constitute a nuisance because of traffic, number of children being cared for, noise or type of physical activity.</div> <div> (d)     Sanitary landfills and incinerators.  In any A or I-2 zone a dump, sanitary landfill and/or incinerator, upon a finding that the use will not constitute a nuisance because of traffic, noise, odors, smoke or physical activity, provided that the area and setback requirements as specified by the Board are complied with, provided that it meets the approval of the City Board of Health and the state Department of Environmental Management or the state agency exercising jurisdiction over the subject matter.</div> <div> (e)     Hospital, nursing home, sanitarium, asylum or other institution.  In any A or R-2 zone, a hospital, nursing home, sanitarium, asylum or other institution which cares for mental, drug or alcoholic patients or is a penal or correctional institution, subject to the following conditions:</div> <div> 1.     No part of any building in which inmates or patients are housed is, or is proposed to be, located less than 300 feet from any bounding lot or street line.</div> <div> 2.     Adequate off-street parking space is provided.</div> <div> 3.     Protective, man-proof fencing is provided where necessary.</div> <div> (f)     Limited office uses in residential zones as a transitional use.  In any R-2 zone, a dwelling on any lot or parcel of land immediately abutting along its side lot line or lying directly opposite across a street from any commercial or industrial district may be used for limited office purposes provided that the use is in accordance with the following requirements:</div> <div> 1.     The use shall be confined to the offices of doctors, dentists, lawyers, accountants, realtors, engineers, and similar professional persons.</div> <div> 2.     The use shall not change or alter the exterior characteristics of the premises, and no nameplate or other sign exceeding two square feet in area shall be displayed on the premises.</div> <div> 3.     Wherever possible, in the opinion of the Board, all entrances, driveways, walks, parking areas and signs incidental to the use shall be located on the side of the building nearest to the commercial or industrial zone.</div> <div> (g)     Recreational establishments and uses in any F, A, C or I Zone.</div> <div> 1.     Buildings and structures for clubs, fraternal organizations, lodges, youth organizations, adult organizations, fishing ponds, picnic areas, and private recreational developments, all conducted for profit. The use of firearms is permitted if adequate precautions are taken to safeguard the public.</div> <div> 2.     Transient amusement enterprise, medicine show or circuit, the chief activity of which is carried on for gain or profit.</div> <div> (h)     Special uses allied with agriculture.</div> <div> 1.     In any A zone, a trucking operation primarily engaged in commercial transportation of agricultural products other than those raised on the premises, feed mills where grain is processed on a commercial basis, poultry dressing establishments, and animal slaughter houses where animals other than those raised on the premises are processed on a wholesale basis, commercial welding shops, livestock sales, auction barns, commercial dairy for the processing, packaging and distribution of dairy products, and fertilizer blending and sales operations and farm equipment sales.</div> <div> 2.     In any A, F and R-2 zone, a greenhouse and/or plant nursery provided retail sales are limited to the sale of plants and the commodities used in the direct care of plants.</div> <div> 3.     In any A zone, an agricultural labor camp (migrant worker camp) may be established or enlarged on a temporary permit basis. The temporary permit shall be valid for a period of one calendar year, renewable only if the agricultural lab or camp is maintained in accordance with the requirements of this chapter.</div> <div> (i)     Mines and quarries.  Sand, gravel or clay pits; rock or stone quarries; mining; removal of earth or top soil. In any zone, the use of vacant land for the removal of natural material or deposits including, but not limited to, sand, gravel, clay, rock or stone, earth or topsoil; all uses shall be subject to the following:</div> <div> 1.     All applications for these uses shall be accompanied by a map or plat showing the area proposed to be included in the extraction or removal of material; and a final grading plan which shows the existing around elevations of the site and the land immediately adjacent thereto, the location and elevation of all bounding streets or roads, and the final elevations of the site at the termination of the operation with respect to the elevations of the immediately adjacent land and bounding streets or roads.</div> <div> 2.     Unless the Board specifies otherwise, the areas exposed by the operation shall not have a final cut slope steeper than three feet horizontal to one foot vertical distance, and shall be left suitable for development purposes in accordance with the final grading plan approved by the Board.</div> <div> 3.     Unless otherwise permitted by the Board of Zoning Appeals, temporary operating cut slopes steeper than one foot horizontal to one foot vertical shall in no case be brought closer than 50 feet where a sight screen is provided, or 75 feet in the case where no provision is made for sight screening, to an exterior property line, right-of-way line of any street, road, way or alley, as existing or as proposed in the Master Plan.</div> <div> 4.     Explosives shall be used only between sunrise and sunset except in the case of an emergency.</div> <div> 5.     All buildings, structures or equipment shall be entirely removed from the property within one year after the expiration of the term.</div> <div> 6.     Dikes or other barriers and drainage structures shall be provided to prevent silting of natural drainage channels or storm drains in the area surrounding the use.</div> <div> 7.     Where required by the Board, final cut slopes shall be treated to prevent erosion; topsoil shall be replaced on the slopes to support vegetation; ground cover shall be planted within 12 months after a cut slope is excavated to its final position; and ground cover shall be maintained for a period of time sufficient to provide vegetation of a density that will prevent erosion.</div> <div> 8.     Where required, suitable plant material shall be placed and maintained to screen slopes from public view. There shall be no open storage of discarded machinery, trash or junk which would present an unsightly appearance.</div> <div> 9.     Quarries and sand and gravel pits shall be operated so as to keep dust and noise to a minimum, and access roads shall be maintained as dust-free surfaces from the public street to within 100 feet of the loading point within the quarry or sand and gravel pit when adjacent properties are used or zoned for residential purposes.</div> <div> 10.  Vehicles carrying materials from quarries or sand and gravel pits shall be loaded in a manner so as to prevent spilling rock, gravel, sand or other materials of a mineral nature while in transit upon roads and highways.</div> <div> 11.  Quarry or sand and gravel pit excavations which may penetrate near or into a usable water-bearing stratum shall be conducted in such a manner that any stratum so approached or encountered will not be subject to pollution or contamination either during quarrying operations or the excavation of a sand and gravel pit or subsequent to the abandonment of the quarry or sand and gravel pit.</div> <div> (j)     Sawmill.  In any F or A zone, a sawmill, for a period of not more than three years subject to renewal, for the cutting of timber grown in the immediate area, provided that no saw or other machinery shall be less than 100 feet from any lot or street line and that all power saws and machinery will be secured against tampering or locked when not in use.</div> <div> (k)     Tourist home.  In any A or R-2 zone, a tourist home, provided that the use will meet all other applicable government regulations.</div> <div> (l)     Campgrounds.  Campgrounds may be permitted in any C-2, C-3 and I-1 zones. They may also be permitted in the A and R-2 zones only when the site is at least 300 feet from an existing adjacent residence. They may be permitted in the F zone, provided they receive approval from the Indiana Department of Natural Resources, Division of Water, prior to the Board's approval. After a public hearing, the decision of the Board of Zoning Appeals shall determine whether or not the proposed site may be use for the purposes intended.</div> <div> (m)     In any I-1 or I-2 Zone.  In addition to all the other limitations and provisions pertained in this chapter, Adult Arcade Adult Bookstore, Adult Novelty Store or Adult Video Store, Adult Cabaret or Juice Bar, Adult Motion Picture Theater, Adult Theater, Nude Model Studio, Sexual Encounter Center, Peep Show Facility shall be as follows:</div> <div> 1.     Not located within 1,000 feet of any property zoned for any residential use.</div> <div> 2.     Not located within 500 feet of any property permitted for use as a religious institution, public or private school containing any grade of kindergarten through grade 12.</div> <div> 3.     Not located within 500 feet of any city park.</div> <div> (B)     The applicant shall have certified all distance measurements by a land surveyor registered by the State of Indiana who shall certify that there are no residential properties, public or private schools with a grade kindergarten through twelfth grade, or any city park within the distances stated above.</div> <div> (C)     In addition to all other procedures listed above, the petitioner for a special use under this section shall send notices as called for in this chapter to not only the abutting property owners, but the petitioners shall send notices by certified mail, return receipt requested to all property owners with property within 1,000 feet of the property requested for a special use under this section. A list of all property owners shall be given to the Plan Commission at the time of filing the application. Should the petitioner fail to comply with the notice requirements herein, before the second regular meeting of the Board of Zoning Appeals following the date the petition is filed, the petition shall be withdrawn by the Board of Zoning Appeals.</div> <div> (D)     The distances provided under this section shall be measured by following a straight line, without regard to intervening buildings, structures, or other obstacles, from the nearest point of the property upon which the proposed use is to be located, to the nearest point of the property or land use district boundary line from which the proposed land use is to be separated.</div> <div> (Ord. 466, § 2-4-3, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § <B>152.031  MOBILE HOME REGULATIONS.</B></div> <div> (A)     Mobile homes may be permitted by right in any R-3 Mobile Home Park zone, as set forth in § 152.048.</div> <div> (B)     Temporary placement of mobile homes may be permitted for limited purposes by special exception in any zone as set forth in § 152.028(B).</div> <div> (C)     Mobile homes may be permitted as a temporary residence or a temporary accessory use as set forth in § 152.028(C).</div> <div> (D)     Mobile homes shall not be permitted in any R-1 Single-Family zone, R-2 Multiple-Family zone, C-1 Neighborhood Commercial zone, C-2 Rural Commercial zone, C-3 General Commercial zone, I-I Light Industrial/Heavy Commercial zone or I-2 Heavy Industrial Zone except as permitted in § 152.028(B). This includes the attempted conversion of a mobile home into a manufactured home (as defined) by removing wheels, axles, hitch and placing onto a permanent foundation.</div> <div> (E)     No conventional “stick-built” additions shall be permitted to mobile homes. Only factory built additions shall be permitted.</div> <div> (Ord. 466, § 2-4-4, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> §<B> 152.032  JUNKED MOTOR VEHICLES.</B></div> <div> Junkyards, including automobile salvage yards, are permitted in an I-2 zone as forth in § 152.077. These regulations are not intended to limit or restrict the hobbyists or sports car enthusiast. However, if a hobby use is claimed, the vehicles to be restored shall be specifically identified to the Zoning Administrator and all restoration processes, vehicles and parts thereof shall be kept wholly within a building.</div> <div> (Ord. 466, § 2-4-5, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § <B>152.033  FLOOD ZONE REGULATIONS.</B></div> <div> (A)     Purpose of Flood zone (F zone).  The development of flood hazard areas could result in the potential loss of life and property, create health and safety hazards and lead to extraordinary public expenditures for flood protection and relief. The development of these areas is not essential to the orderly growth of the community, and these areas are suitable for open space uses that do not require structures or fill.  (Ord. 466, § 2-6-1, passed 5-11-98)</div> <div> (B)     Basis for establishment.  The floodplain or zone (areas subject to inundation by the regulatory flood) as identified by the Federal Insurance Administration in a scientific and engineering report entitled, “The Flood Insurance Study for the City of Berne, Indiana,” dated August 3, 1981, with the accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps along with any subsequent revisions to the text or maps are adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file in the offices of the Clerk-Treasurer and the Zoning Administrator.</div> <div> (Ord. 466, § 2-6-2, passed 5-11-98)</div> <div> (C)     Permitted uses.  The following uses have low flood damage potential and do not obstruct flood flows. These uses shall be permitted by right within the Flood zone to the extent that they are not prohibited by any other ordinance and provided that they do not require structures, fill or storage of materials or equipment.</div> <div> (1)     Agricultural uses such as general farming, pasture, grazing, orchards, plant nurseries and vineyards.</div> <div> (2)     Forestry, wildlife areas and nature preserves.</div> <div> (3)     Parks and recreational uses, such as golf courses, driving ranges, and play areas.</div> <div> (Ord. 466, § 2-6-3, passed 5-11-98)</div> <div> (D)     Non-permitted uses.  All development applications located in the Floodplain district or zone which are not listed in division (C) of this section will require the review and approval by the Department of Natural Resources prior to the issuance of a local permit. The applicant shall forward all these applications along with plans and specifications to the Department of Natural Resources for review and comment.  (Ord. 466, § 2-6-4, passed 5-11-98)</div> <div> (E)     Nonconforming uses. Any building, structure or use of land in the Floodplain district or zone which is not in conformance with this chapter constitutes a nonconforming use. All applications to repair, extend or enlarge a nonconforming use shall be forwarded to the Department of Natural Resources for review and comment. All terms and conditions imposed by the Department of Natural Resources shall be incorporated into the issuance of any local permit.  (Ord. 466, § 2-6-5, passed 5-11-98)</div> <div> (F)     Variances.  Applications for variances to the provisions of this chapter shall be forwarded to the Department of Natural Resources for review and comment. All terms and conditions imposed by the Department of Natural Resources shall be incorporated into the issuance of any local permit.</div> <div> (Ord. 466, § 2-6-6, passed 5-11-98)</div> <div> (G)     National Flood Insurance Program (NFIP) regulations.  During review of improvement location permits, the Zoning Administrator shall assure that all National Flood Insurance Program regulations pertaining to state and federal permits, subdivision review, mobile home tie-down standards, utility construction, record keeping (including lowest flood level elevations), and watercourse alteration and maintenance have been met.</div> <div> (Ord. 466, § 2-6-7, passed 5-11-98)</div> <div> (H)     Disclaimer of liability.  Larger floods can and will occur on rare occasions. Therefore, this chapter does not create any liability on the part of the city, Natural Resources, or the state for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.</div> <div> (Ord. 466, § 2-6-8, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § <B>152.034  AGRICULTURAL ZONE.</B></div> <div> (A)     Purpose of Agricultural zone (A zone).  The Agricultural zone is intended to establish and preserve rural areas from urban encroachment until those areas are adaptable to orderly urban expansion, and to permit the full range of agricultural activities, including limited types of low-density residential development and other uses customarily conducted in agricultural areas.  (Ord. 466, § 2-7-1, passed 5-11-98)</div> <div> (B)     Permitted uses.</div> <div> (1)     Any use permitted in the Flood zone.</div> <div> (2)     Single-family detached dwellings, provided not more than two residents shall be permitted.</div> <div> (3)     Manufactured homes and mobile homes as set forth in § 152.028.</div> <div> (4)     Park, playground or community centers, owned and operated by a local community association for subdivisions or neighborhoods.</div> <div> (5)     Non-commercial institutions.</div> <div> (6)     Stands for the retail sale of agricultural products or commodities raised on the premises. Off-street parking shall be provided in accordance with § 152.090.</div> <div> (7)     Home occupations and home workshop/ businesses.</div> <div> (8)     Tourist homes.</div> <div> (9)     Nameplate and advertising signs, provided that they shall be erected in accordance with the provisions of § 152.169.</div> <div> (10) Riding stable of a private, non- commercial nature on at least one acre of land.</div> <div> (11) Swimming pools, provided they are enclosed by an animal-proof fence of less than three feet in height, and further provided they are constructed and maintained in agreement with all County and State Board of Health laws.</div> <div> (12) Accessory buildings and uses customarily incidental to any of the above uses.</div> <div> (13)  Normal farm operations necessary to the planting and harvesting of crops and the conduct of agriculture and agricultural uses as defined in § 152.010.</div> <div> (14)  Ponds, provided they meet applicable setback and placement restrictions of residential structures.</div> <div> (15)  Intensive livestock operations subject to the provisions of §§ 152.145 through 152.152.</div> <div> (Ord. 466, § 2-7-2, passed 5-11-98)</div> <div> (C)     Building size regulations.  No building shall be erected for residential purposes having a floor area of less than 900 square feet per primary dwelling unit, exclusive of all enclosed porches terraces and garages.</div> <div> (Ord. 466, § 2-7-3, passed 5-11-98)</div> <div> (D)     Residential dwelling density.  On a tract, parcel or lot of land there shall be permitted two individual single-family dwellings and one accessory building per dwelling. Any additional dwellings or accessory buildings desired over the permitted number herein shall require a variance granted by the Board.</div> <div> (Ord. 466, § 2-7-4, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § <B>152.035  PLANNED UNIT DEVELOPMENT.</B></div> <div> (A)     Purpose.</div> <div> (1)     A Planned Unit zone is intended to encourage innovative developments in certain zones that will not distract from the original zone intent.</div> <div> (2)     Developers of land in a Planned Unit zone will be offered flexibility in design and development. As a means to this flexibility, regulations governing lot size, yards and building location may be varied, subsequent to approval by the Plan Commission through the development plan process as set forth in § 152.131. Planned unit developments may be located only on lots, parcels or tracts of land of four acres or more in R-2, C-1, C-2, C-3, I-l and I-2 Zones. Planned Unit zones are identified by a “P” designation following the permitted zone:</div> <bR> <div> Regular Zones     Corresponding Planned Unit Zone</div> <div> R-2      R-2P</div> <div> C-1      C-1P</div> <div> C-2      C-2P</div> <div> C-3      C-3P</div> <div> I-1      I-1P</div> <div> I-2     I-2P</div> <div> (Ord. 466, § 2-12-1, passed 5-11-98)</div> <div> (B)     Planned Residential zone.</div> <div> (1)     Purpose.  The intent of a Planned Residential zone (R-2P) is to encourage innovative multiple-family residential communities and allow the developer of those communities the maximum amount of flexibility in design and development.</div> <div> (2)     Permitted uses.  The uses permitted in the zone shall be the same as those permitted within the R-2 zone as set forth in § 152.047(B).</div> <div> (Ord. 466, § 2-12-3, passed 5-11-98)</div> <div> (D)     Planned Commercial zone.</div> <div> (1)     Purpose.  The intent of a Planned Commercial zone (C-1P, C-2P or C-3P) is to provide for and encourage the grouping of businesses into centers and complexes, incorporating modern concepts of service and design.</div> <div> (2)     Permitted uses.  The uses permitted in each zone shall be the same as those permitted within the corresponding C-1, C-2 or C-3 zone as found in §§ 152.060 through 152.063.</div> <div> (E)     Planned Industrial zone.</div> <div> (1)     Purpose.  The intent of a Planned Industrial zone (I-1P or I-2P) is to provide a means for industrial land uses, regardless of overall size or acreage, to develop in accordance with a set plan and in consideration of the surrounding land use, especially within transitional areas.</div> <div> (2)     Permitted uses.  The uses permitted in each zone shall be the same as those permitted within the corresponding I-1 or I-2 zone as set forth in §§ 152.075 through 152.077.</div> <div> (Ord. 466, § 2-12-5, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> <B>RESIDENTIAL ZONE REGULATIONS</B></div> <div> § <B>152.045  APPLICATION.</B></div> <div> The following regulations shall apply in the R-I Single-Family, R-2 Multi-Family. and the R-3 Mobile Home zones.</div> <div> (Ord. 466, § 2-8-1, passed 5-11-98)</div> <bR> <div> § <B>152.046  R-I SINGLE-FAMILY.</B></div> <div> (A)     Purpose.  The R-1 Single-Family zone is intended to establish and preserve low-density, single-family homes free from other land uses except those which are compatible with and convenient to the residents of such a zone. The R-1 zone allows for single-family development in areas within the jurisdiction not readily serviceable by water and sewer facilities but desirable for residential development. The lot sizes would be of sufficient size to adequately provide on-site water and sewer facilities for each individual single-family home.  (Ord. 466, § 2-8-2, passed 5-11-98)</div> <div> (B)     Permitted uses.</div> <div> (1)     Single-family detached dwellings.</div> <div> (2)     Manufactured homes.</div> <div> (3)     Accessory buildings.</div> <div> (4)     Swimming pools as specified under the conditions of § 152.034(B)(11).</div> <div> (5)     Home occupations.</div> <div> (6)     Home workshops/businesses.</div> <div> (7)     Park, playground or community center, owned and operated by a local community association for subdivisions or neighborhoods.</div> <div> (8)     Pond as set forth in § 152.034(B)(14).</div> <div> (9)     Name plate or advertising signs, provided they shall be provided in accordance with § 152.170.</div> <div> (Ord. 466, § 2-8-3, passed 5-11-98)</div> <div> (C)     Building size regulations.  No building shall be erected in an R-1 zone having a floor area of less than 900 square feet, exclusive of unenclosed porches, terraces and garages.  (Ord. 466, § 2-8-4, passed 5-11-98)</div> <div> Penalty, see § 152.999</div> <bR> <div> § <B>152.047  R-2 MULTIPLE-FAMILY.</B></div> <div> (A)     Purpose.  The R-2 Multiple-Family zone is intended to establish and preserve single-family, two-family and multiple-family home neighborhoods, free from other land uses except those which are compatible with and convenient to the residents of such a zone.  (Ord. 466, § 2-8-5, passed 5-11-98)</div> <div> (B)     Permitted uses.</div> <div> (1)     Any use permitted in R-1 Single-Family zone.</div> <div> (2)     Two-family dwellings.</div> <div> (3)     Multiple-family dwellings.</div> <div> (4)     Multiple-group dwellings.</div> <div> (Ord. 466, § 2-8-6, passed 5-11-98)</div> <div> (C)     Building size regulations.  No building shall be erected in an R-2 zone having a floor area of less than 900 square feet, exclusive of unenclosed porches,  terraces and garages.  (Ord. 466, § 2-8-7, passed 5-11-98)</div> <div> Penalty, see § 152.999</div> <bR> <div> § <B>152.048  R-3 MOBILE HOME PARK.</B></div> <div> (A)     Purpose.  The R-3 Mobile Home Park zone is intended to provide sites for mobile home parks at appropriate locations, in relationship to the existing and potential development of the surrounding area, while establishing an attractive residential environment. All mobile home parks shall be developed in accordance with the Development Plan requirements in § 152.130.  (Ord. 466, § 2-8-8, passed 5-11-98)</div> <div> (B)     Permitted uses.</div> <div> (1)     Mobile home parks or subdivisions.</div> <div> (2)     Accessory buildings.</div> <div> (3)     Park, playground or community center, owned and operated by a local community association or mobile home park developer for subdivisions or neighborhoods.</div> <div> (4)     Name plate and advertising signs, provided that they shall be erected in accordance with the provisions of § 152.171.</div> <div> (Ord. 466, § 2-8-9, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> <B>COMMERCIAL ZONE REGULATIONS</B></div> <div> § <B>152.060  APPLICATION.</B></div> <div> The following regulations shall apply in the C-1 Neighborhood Commercial, C-2 Rural Commercial, and C-3 General Commercial zones.</div> <div> (Ord. 466, § 2-9-1, passed 5-11-98)</div> <bR> <div> § <B>152.061  C-1 NEIGHBORHOOD COMMERCIAL.</B></div> <div> (A)     Purpose. The C-1 Neighborhood Commercial zone is intended to accommodate those retail and service facilities that are considered to be essential functions of residential neighborhoods.</div> <div> (Ord. 466, § 2-9-2, passed 5-11-98)</div> <div> (B)     Permitted uses.</div> <div> (1)     Any conforming use permitted in the R-2 Multiple-Family zone.</div> <div> (2)     The following uses or uses of similar type, provided that they are conducted wholly within a building, except for off-street loading of delivery vehicles which are incidental thereto as required in § 152.092, and are 10,000 feet or less:</div> <div> (a)     Bank.</div> <div> (b)     Barber shop or beauty parlor.</div> <div> (c)     Book or stationery store.</div> <div> (d)     Club, lodge (nonprofit) or fraternal association.</div> <div> (e)     Confectionery store.</div> <div> (f)     Department, furniture or radio store.</div> <div> (g)     Drug store.</div> <div> (h)     Florist or gift shop.</div> <div> (i)     Grocery, fruit or vegetable store.</div> <div> (j)     Hardware or electric appliance store.</div> <div> (k)     Jewelry store.</div> <div> (l)     Medical or dental clinic or laboratory.</div> <div> (m)     Meat market or delicatessen.</div> <div> (n)     Music store or newsstand.</div> <div> (o)     Office, business or professional.</div> <div> (p)     Photographer.</div> <div> (q)     Restaurant, tea room or care (excluding drive-ins).</div> <div> (r)     Shoe store or shoe repair shop.</div> <div> (s)     Sign-painting shop.</div> <div> (t)     Small equipment or appliance repair.</div> <div> (u)     Tailor, clothing or wearing apparel store.</div> <div> (v)     Theater other than drive-in.</div> <div> (w)     Tire store.</div> <div> (x)     Variety store.</div> <div> (y)     Other retail business and service establishments, not specifically referred to in this chapter, selling new merchandise exclusively.</div> <div> (3)     Small retail shopping centers with no more than five stores totaling 50,000 square feet or less with a maximum square feet of any one store being 35,000 square feet. Establishments within center shall be restricted to those listed in division (2) above.</div> <div> (4)     Automobile service station.  Automobile service stations shall be permitted in accordance with all rules and regulations of the State Fire Marshall regulating the use, handling, storage and sale of flammable liquids. Provided, any activities for any tire repair, battery charge, and storing of merchandise or supplies shall be conducted wholly within a building. Development plans for the erection or structural alteration of an automobile service station shall be approved by the Plan Commission. The Plan Commission may require change therein in relation to yards, location of pumps and buildings and the construction of buildings as it may deem best suited to insure safety, minimize traffic difficulties and to safeguard adjacent properties.</div> <div> (5)     Advertising devices shall be permitted, provided that they are erected in accordance with the provisions of § 152.172.</div> <div> (6)     Uses customarily incidental to any of the above uses and accessory buildings shall be permitted when located on the same lot.</div> <div> (7)     Off-street parking areas in accordance with § 152.090.</div> <div> (Ord. 466, § 2-9-3, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § <B>152.062  C-2 RURAL COMMERCIAL.</B></div> <div> (A)     Purpose.  The C-2 Rural Commercial zone is intended to accommodate those retail and service facilities that are considered to be essential functions of rural or agricultural areas.  (Ord. 466, § 2-9-4, passed 5-11-98)</div> <div> (B)     Permitted uses.</div> <div> (1)     Any use permitted in a C-1 zone, provided that C-1 uses shall be subject to the same regulations as specifically set forth in the C-2 zone.</div> <div> (2)     The following uses or uses of a similar type pertinent to farm commodities, provided where they are within 150 feet of an R zone, they shall be conducted wholly within the building or within an area screened on all sides by a masonry wall, compact evergreen planting or uniformly painted wood fence (not less than six feet in height) which shall be maintained between the use and adjoining R zone or use:</div> <div> (a)     Agricultural implements, motor vehicle or trailer sales or repair.</div> <div> (b)     Building material sales yard, including the sale of lumber (where no millwork is provided), rock, sand and gravel, but excluding concrete and asphaltic concrete mixing.</div> <div> (c)     Farm equipment storage yard or equipment rental establishment.</div> <div> (d)     Feed sales.</div> <div> (e)     Wholesale florist, greenhouse.</div> <div> (f)     Poultry or rabbit killing incidental to retail sales on the premises.</div> <div> (g)     Underground bulk storage and fuel oil, liquefied petroleum gas and gasoline in amounts not to exceed 50,000-gallon capacity.</div> <div> (3)     The following uses or uses of a similar type not pertinent to farm commodities, provided they meet the requirements indicated in § 152.063(B)(2), shall be permitted:</div> <div> (a)     Auction hall, amusement enterprise, including billiard or pool hall, bowling alley, boxing arena, dance hall, games of skill or science, penny arcade, shooting gallery, and the like, if the nearest point of the structure is not less than 200 feet from any R zone.</div> <div> (b)     Drive-in business where persons are served in automobiles from a refreshment stand, restaurant, food store and the like, provided the area is screened by a masonry wall, compact evergreen planting or uniformly painted wood fence not less than six feet in height which is erected and maintained between the use and any adjoining R zone or residential development.</div> <div> (c)     Drive-in movie.</div> <div> (d)     Driving tees or ranges.</div> <div> (e)     Funeral parlor.</div> <div> (f)     Laundry or dry cleaning establishment, including auto-laundry.</div> <div> (g)     Hotel or motel.</div> <div> (h)     Printing shop.</div> <div> (i)     Pet shop.</div> <div> (j)     Greenhouses and nurseries.</div> <div> (Ord. 466, § 2-9-5, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § <B>152.063  C-3 GENERAL COMMERCIAL.</B></div> <div> (A)     Purpose.  The C-3 General Commercial zone is intended to accommodate those retail and service facilities that are convenient and attractive for a wide range of retail uses and businesses and which provide a setting conducive to and safe for pedestrian traffic.  (Ord. 466, § 2-9-6, passed 5-11-98)</div> <div> (B)     Permitted uses.</div> <div> (1)     Any use permitted in the C-2 zone, provided that C-2 uses shall be subject to the same regulations, except those regarding maximum  height, as specifically set forth in the C-2 zone.</div> <div> (2)     The following uses or uses of similar type provided that where they are within 150 feet of a more restrictive zone (F, A or R zone) they shall be conducted wholly within a building, except for off-street loading of delivery vehicles which are incidental thereto as required in § 152.092.</div> <div> (a)     Art or antique shop.</div> <div> (b)     Carpenter, cabinet, plumbing or sheet metal fabricating shops, but excluding manufacture.</div> <div> (c)     Pawnshop.</div> <div> (d)     Rescue or temporary revival mission.</div> <div> (e)     Second-hand store.</div> <div> (f)     Trade or business school or private school operated as commercial enterprise.</div> <div> (g)     Home furniture upholstering shop.</div> <div> (h)     Wholesale merchandise storage.</div> <div> (3)     The following uses or uses of a similar type, provided that where they are within 150 feet of a lot in a more restricted zone, they shall be conducted wholly within a building or within an area enclosed on all sides with a solid wall, compact evergreen screen or uniformly painted board fence, not less than six feet in height, except that in required setback areas the height shall be four feet.</div> <div> (a)     Building material sales yard, including the sale of lumber, rock, sand and gravel but excluding concrete and asphaltic concrete mixing.</div> <div> (b)     Contractor's equipment storage yard or plant or rental of equipment commonly used by contractors.</div> <div> (c)     Draying, freighting or trucking yard or terminal.</div> <div> (d)     Feed or fuel yard.</div> <div> (Ord. 466, § 2-9-7, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> <B>INDUSTRIAL ZONE REGULATIONS</B></div> <div> §<B> 152.075  APPLICATION.</B></div> <div> The regulations in this subchapter shall apply in the I-1 Light Industrial/Heavy Commercial and the I-2 Heavy Industrial zones.</div> <div> (Ord. 466, § 2-10-1, passed 5-11-98)</div> <bR> <div> § <B>152.076  I-1 LIGHT INDUSTRIAL/HEAVY COMMERCIAL.</B></div> <div> (A)     Purpose.  The I-1 Light Industrial/Heavy Commercial zone is intended to provide areas for light industrial and heavy commercial uses without creating adverse effects on the surrounding land use.</div> <div> (Ord. 466, § 2-10-2, passed 5-11-98)</div> <div> (B)     Permitted uses.</div> <div> (1)     Any use permitted in a C-2 zone, provided all the uses therein shall be subject to the same regulations as specifically set forth in the I-1 zone.</div> <div> (2)     The following uses or uses of similar type:</div> <div> (a)     Animal hospitals or kennels.</div> <div> (b)     Motor vehicle assembly.</div> <div> (c)     Painting, upholstering, rebuilding, reconditioning, repair or overhauling of motor vehicles and tire retreading or recapping shops.</div> <div> (d)     Blacksmith shops and machine shops.</div> <div> (e)     The manufacture of pottery or figurines or any other similar ceramic products using only previously pulverized clay and kilns fired only by electricity or gas.</div> <div> (f)     Draying, freighting or trucking yard or terminal.</div> <div> (g)     Warehousing/wholesaling.</div> <div> (h)     Furniture manufacture.</div> <div> (3)     The following uses or uses of a similar type, provided they shall be screened from view on the side or sides which abuts a thoroughfare or an R or C zone. Screening shall consist of either a dense screen planting, a solid wall, a uniformly painted board fence, an earthen mound or a combination of the aforementioned. The screening shall not be less than eight feet above an abutting thoroughfare, measured vertically from the center of the road, and not less than eight feet above the general topography if abutting an R or C zone.</div> <div> (a)     Auto wrecking and body and fender works.</div> <div> (b)     Bleaching or dyeing.</div> <div> (c)     Stone cutting.</div> <div> (4)     Advertising devices shall be permitted, provided that they are erected in accordance with the provisions of § 152.172.</div> <div> (Ord. 466, § 2-9-7, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § <B>152.077  I-2 HEAVY INDUSTRIAL.</B></div> <div> (A)     Purpose.  The I-2 Heavy Industrial zone is intended to provide areas for industrial and related uses of such a nature that do not create serious problems of compatibility with other land uses, and to make provision for certain commercial uses which are most appropriately located as neighbors of industrial uses or which provide necessary services to the people in these areas.  (Ord. 466, § 2-10-4, passed 5-11-98)</div> <div> (B)     Permitted uses.  The following uses or uses of a similar type, provided where they are within 150 feet of a residential zone or area or commercial zone, they shall be contained wholly within a building or screened on all sides as provided for in § 152.076(B)(3), except for the off-street parking and loading of delivery vehicles which are incidental thereto as required in §§ 152.090 through 152.092.</div> <div> (1)     Any use allowed in an I-1 zone, as set forth in § 152.076(B)(2) through (B)(4).</div> <div> (2)     Acetylene gas manufacture or storage.</div> <div> (3)     Agriculture.</div> <div> (4)     Alcohol manufacture.</div> <div> (5)     Ammonia or bleaching powder manufacture.</div> <div> (6)     Asphalt manufacturing or refining.</div> <div> (7)     Boiler works, locomotive or railroad car manufacturing.</div> <div> (8)     Breweries or liquor distilleries.</div> <div> (9)     Brick, tile, terra cotta or cinder block manufacturing.</div> <div> (10)  Central station light or power plant.</div> <div> (11)  Coal distillation including manufacture or derivation of the by-products.</div> <div> (12)  Coke oven.</div> <div> (13)  Concrete mixing plant.</div> <div> (14) Gas manufacture from coal or petroleum or the storage thereof.</div> <div> (15)  Incinerator, industrially affiliated.</div> <div> (16)  Junkyard.</div> <div> (17)  Iron or steel foundry, steel furnace or rolling mill, except smelting.</div> <div> (18)  Meat products manufacture.</div> <div> (19)  Oilcloth or linoleum manufacture.</div> <div> (20)  Paint, oil (including linseed), shellac, turpentine, lacquer or varnish manufacture.</div> <div> (21)  Planing mill.</div> <div> (22)  Plastic manufacture.</div> <div> (23)  Power forge.</div> <div> (24)  Railroad yards including turntables and repair facilities.</div> <div> (25)  Rubber or gutta-percha manufacture or treatment.</div> <div> (26)  Salvage yard.</div> <div> (27)  Soap manufacture.</div> <div> (28) Tanning, curing or storage of raw hides.</div> <div> (29) Tar distillation or tar products manufacture.</div> <div> (30)  Tattoo parlor or body art parlor.</div> <div> (31) Above-ground storage of fuel oil, liquefied petroleum gas and gasoline in amounts not to exceed 50,000-gallon capacity.</div> <div> (Ord. 466, § 2-10-5, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> <B>PARKING REGULATIONS</B></div> <div> § <B>152.090  OFF-STREET PARKING AREAS.</B></div> <div> The following off-street parking areas shall be provided and satisfactorily maintained by the owner of the property for each building which is hereafter erected, enlarged or altered for use for any of the following purposes.</div> <div> (A)     Automobile parking area minimum.  Not less than 180 square feet (9 x 20 feet) in area.</div> <div> (B)     Single-family dwelling including manufactured or mobile homes.  At least two parking areas per dwelling.</div> <div> (C)     Multi-family dwelling.  At least two parking areas per dwelling unit.</div> <div> (D)     Auditoriums, churches, theaters, gymnasiums, stadiums or any other place of assembly.  At least one parking area for each six seats provided for its patrons based on the maximum seating capacity including fixed and movable seats. For any church, there shall be allowed the use of joint parking facilities in connection with any buildings or use not normally open, used, or operated during the principal operating hours of a church, provided a properly drawn legal instrument is executed by the parties concerned for the joint use of off-street parking facilities, which instrument, duly approved as to form by the City Attorney, shall be filed with an application for a zoning permit.</div> <div> (E)     Dancing, exhibition, labor temple, lodge hall, skating rink or other assembly hall without fixed seats.  At least one parking area for each 120 square feet of gross floor area.</div> <div> (F)     Hotel, motel, dormitory, fraternity house, tourist home, or other similar use.  At least one parking area for each sleeping room in addition to whatever areas may be required by any other on-site uses.</div> <div> (G)     Office building, bank, professional office or other similar use.  At least one parking area for every 400 square feet of gross floor area.</div> <div> (H)     Medical clinic or other similar use.  At least three parking areas for each doctor/dentist plus one for every two regular employees.</div> <div> (I)     Hospital, sanitarium, convalescent home or other similar use.  At least one parking area for every three beds.</div> <div> (J)     Eating or drinking establishments or other similar use where customers are seated and served within a building.  At least one parking area for every 200 square feet of gross floor area.</div> <div> (K)     Eating or drinking establishments or other similar uses where customers are served outside of a building.  At least one parking area for every 50 square feet of gross floor area, provided that there shall not be less than six parking areas for each establishment.</div> <div> (L)     Any retail store except a food market.  At least one parking area for every 300 square feet of gross floor area.</div> <div> (M) Food market or other similar use less than 2,500 square feet.  At least one parking area for every 250 square feet of gross floor area.</div> <div> (N)     Food market or other similar use of 2,500 square feet or more.  At least one parking area for every 100 square feet of gross floor area.</div> <div> (O)     Launderette, laundromat, self-service laundry, washeteria or other similar use.  At least one parking area for every two washing machines or portions thereof.</div> <div> (P)     Barber shop, beauty salons or other similar uses.  At least three parking areas for each barber or beautician using the shop.</div> <div> (Q)     Bowling center.  At least four parking areas for each bowling alley thereof.</div> <div> (R)     Schools, public and parochial.  At least one parking area for each employee plus one parking area for every 20 students.</div> <div> (S)     Recreational vehicle park.  At least one parking area on the same parcel of land for each individual recreational vehicle.</div> <div> (R)     Commercial or business office having a gross floor area in excess of 10,000 square feet and occupied solely by the employees of one owner.  At least one parking area for every 800 square feet of gross floor area.</div> <div> (T)     Manufacturing, processing, wholesaling, storage or other similar industrial or commercial use not specifically set out in this section.  At least one parking area for every two employees plus sufficient areas to park all company-owned or leased vehicles.</div> <div> (Ord. 466, § 2-5-1, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § <B>152.091  ADDITIONAL OFF-STREET PARKING PROVISIONS.</B></div> <div> (A)     Distance measurements.  The distance to any parking area as herein required shall be measured between the nearest point of the off-street parking facility and the nearest point of the building the parking area or facility is to serve.</div> <div> (B)     Mixed uses.  In the case of any use not listed herein, the number of parking areas required for that use shall be the same as for a similar use which is listed. In the case of mixed uses in the same building or structure, the total requirement for off-street parking facilities shall be the sum of the requirements of the various uses computed separately from the items set out in this section, and off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as hereinafter specified for collective use.</div> <div> (C)     Collective parking facilities.  Nothing in this section shall be construed to prevent collective provisions of any off-street parking facility for two or more buildings or uses, provided however, that the total number of off-street parking areas shall not be less than the sum of requirements for the various individual uses computed separately in accordance with the items set out in this section.</div> <div> (D)     Permanency of areas provided.  Any parking or loading areas established prior to the effective date of this chapter, and which are used or intended to be used in connection with any main building, structure or use, or any areas designed and intended to comply with the requirements of this chapter for any main building or structure erected after the effective date, shall hereafter be maintained so long as the building or structure remains, unless the owner provides and maintains in another location an equivalent number of required areas in conformance with the provisions of this chapter.</div> <div> (E)     Parking areas not on same lot.  All parking areas provided pursuant to this subchapter shall normally be on the same lot with the building; however, the Board may permit the parking areas to be on any lot within 300 feet of the building, except for the requirements of § 152.090(S). If the Board determines that it is impractical to provide parking on the same lot with the building, the requirements set forth in § 152.090(D) through (J) and (L) may be waived by the Board in the case of a building erected or altered as a result of destruction by fire or other natural disaster, or whenever the Board determines that more than 75% of the privately-owned lands within 300 feet of the building to be erected, enlarged or altered are improved with the buildings.</div> <div> (Ord. 466, § 2-5-2, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § <B>152.092  OFF STREET LOADING.</B></div> <div> (A)     On the same premises with every building, structure or part thereof hereafter erected, established or enlarged and occupied for manufacturing, storage, warehouse goods display, department store, wholesale store, market, hotel, mortuary, laundry, dry cleaning or other uses, involving the receipt of distribution by vehicles of material or merchandise, there shall be provided and maintained adequate space for standing, loading and unloading, in order to avoid undue interference with public use of the street or alley.</div> <div> (B)     A loading space, unless otherwise adequately provided for, shall include one 12 by 45-foot loading space with 14-foot height clearance for every 20,000 square feet or fraction thereof in excess of 3,000 square feet of floor area used for the above mentioned purposes, or for every 20,000 square feet or fraction thereof in excess of 3,000 square feet of land used for the above mentioned purposes. These requirements may, upon appeal, be increased, modified, or waived by the Board where the conditions or circumstances justify that action, provided it has obtained thereon recommendation from the City Highway Supervisor or appointed official.</div> <div> (Ord. 466, § 2-5-3, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § <B>152.093  PUBLIC PARKING AREAS.</B></div> <div> Every parcel of land which, after the effective date of this chapter, is changed to a public parking area, automobile or trailer sales area, filling station or garage, shall be developed as follows:</div> <div> (A)     The area, where subject to wheeled traffic, shall be improved with bituminous, concrete, crushed stone with an adequate base or other equivalent surfacing, and shall have appropriate bumper guards where needed.</div> <div> (B)     Where the area adjoins a lot in an R zone or a residential development, a solid wall, compact evergreen screen or uniformly painted board fence having a height of not less than four feet shall be erected and maintained between the area and the property in residential areas and zones. Enclosures shall be at least five feet from the side of a lot in an R zone or residential development, and all required front and side yards shall be properly maintained. Where the area is across the street from an R zone or a residential development, a compact evergreen screen having a height of not less than three feet shall be erected and maintained between the area and the property in the neighboring zone or development, and all required front yards shall be maintained.</div> <div> (C)     Any light used to illuminate the parking area shall be so arranged as to reflect the light away from the adjoining premises in an R zone or residential development.</div> <div> (Ord. 466, § 2-5-4, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> <B>HEIGHT AND AREA REGULATIONS</B></div> <div> <B>§ 152.105  GENERAL HEIGHT PROVISION.</B></div> <div> (A)     Except as hereinafter provided, no building or structure shall be erected, enlarged, or reconstructed to exceed the height limit established for the zone wherein the building or structure is located.</div> <div> (B)     All areas governed by the Federal Aviation Administration (FAA) due to the area's proximity near an airport or airstrip shall be regulated by the appropriate FAA height regulations.</div> <div> (Ord. 466, § 2-11-1, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § <B>152.106  GENERAL AREA PROVISIONS.</B></div> <div> Except as hereinafter provided, no building or structure shall be erected on a lot unless the building, combined existing structure plus additions, conforms to the area regulations of the zone in which it is located.</div> <div> (A)     No lot area shall be so reduced, diminished and maintained that the yards, other open space, or total lot area shall be smaller than prescribed by this chapter, nor shall the density of population be increased in any manner except in conformity with the regulations herein established.</div> <div> (B)     Lots of record at the time of the enactment of this chapter which have less than the minimum area requirements for residential use may nevertheless be used for any use permitted therein, except that for dwellings, the lot must have a width of at least 80 feet, and an area of at least 10,560 square feet.</div> <div> (C)     No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this chapter, shall be considered as providing a yard or open space for any other building; nor shall any yard or open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected.</div> <div> (D)     Every building hereafter erected shall be located on a lot as herein defined. In no case shall there be more than one residential building and its accessory building on one lot, except that a farm tenant dwelling may be erected on the same tract as the main farm dwelling. Row dwellings or group housing may be considered as one main residential building.</div> <div> (E)     At street intersections of an angle less than 60 degrees, shrubs or structures over 3½ feet high will not be placed between the intersections of the street lines and ten feet from the building line.</div> <div> (F)     At each end of a through lot there shall be a front yard of the depth required by this chapter for the zone in which each street frontage is located, and one of the front yards may serve as a required rear yard to permit accessory structures.</div> <div> (F)     Required lot area shall be excluded of proposed street right-of-way.</div> <div> (Ord. 466, § 2-11-2, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § <B>152.107  HEIGHT REGULATIONS.</B></div> <div> (A)     Height limitations.  Except as otherwise specifically provided in this chapter, no building or structure shall be erected, altered, enlarged or reconstructed to exceed the height limits established for the district where the building is located, as follows:</div> <div> Zone      Stories      Maximum Height</div> <div> R-1, R-2, R-3      2     25</div> <div> A, C-1, C-2      2.5     50</div> <div> C-3, I-1, I-2      3      75</div> <div> (B)     Exceptions.</div> <div> (1)     In the zones limiting height to two stories not to exceed 25 feet, any permitted structure may be increased in height to three stories, not to exceed 50 feet, provided the required side yards are increased an additional one foot for every three feet the structure exceeds 25 feet.</div> <div> (2)     On through lots 150 feet or less in depth, the height of a building may be measured from the adjoining curb level on either street.</div> <div> (3)     On through lots more than 150 feet in depth, the height regulations and basis of height measurements for the street permitting the greater height shall apply to a depth of not more than 150 feet from that street.</div> <div> (4)     Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, television aerials, steeples, roof signs, flagpoles, chimneys, smokestacks, wireless masts, water tanks, grain elevators, barns, silos, gas containers, material hoppers, or similar structures may be erected above the height limits herein prescribed; but no penthouse or roof structure or any space above the height limit shall be allowed for the purpose of providing additional floor space for residential, business or industrial use.</div> <div> (Ord. 466, § 2-11-3, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § <B>152.108  LOT AREA REGULATIONS IN RESIDENTIAL PERMITTED ZONE.</B></div> <div> Except as otherwise specifically provided in this subchapter, no residential building or structure shall be erected, altered, enlarged or reconstructed to exceed the lot area limits established for the zone where the residential building is located, as set forth in Appendix A: Lot Area Regulations in Residential Permitted Zone.</div> <div> (Ord. 466, § 2-11-4, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § 1<B>52.109  YARD REGULATIONS.</B></div> <div> Except as otherwise specifically provided in this subchapter, no building or structure shall be erected, altered, enlarged or reconstructed to exceed the yard limits established for the zone where the building is located, as follows:</div> <div> (A)     Front yard limits.  Each lot shall have a front yard with a minimum depth measured from and parallel to the proposed right-of-way line as shown on the Thoroughfare Plan and plat as follows:</div> <bR> <div> Zone      Thoroughfare Type     Setback From Edge of Nearest Street Right-of-Way</div> <div> All Zones      Arterial      75 feet</div> <div> Primary     70 feet</div> <div> Secondary     60 feet</div> <div> Section and half section      40 feet</div> <div> Local (residential)      30 feet</div> <bR> <div> (1)     Where a lot is situated between two lots, each of which has an existing main building thereon, the front yards of which are less than the minimum required front yards established herein, the front yard limit of the lot shall be the average of the front yards of the existing buildings.</div> <div> (2)     Where a lot abuts only one lot having an existing main building thereon, the front yard of which is less than the minimum required front yard established herein, the front yard limit of the lot shall be the average of the front yard of the existing building and the required front yard.</div> <div> (3)     In the case of a corner lot, the side yard width to the side street line shall be equal to at least one-half of the front yard depth limit for the district in which the lot is located. In no case shall the side yard width to the side street line be less than 20 feet.</div> <div> (B)     Side yard limits.  There shall be two side yards for each lot. The minimum width for each yard, along with the aggregate width for both yards, shall be as set forth in Appendix B: Side Yard Limits.</div> <div> (C)     Rear yard limits.  There shall be a rear yard for each lot, the minimum depth of which shall be as follows:</div> <bR> <div> Zone     Minimum Depth</div> <div> A, R-1, R-2      25% of lot depth</div> <div> R-3      20 feet</div> <div> C-1, C-2, C-3, I-1, I-2     0 feet, but if a yard is provided, limit is 4 feet, however, if residence dwelling is constructed, rear yard will be 25% of lot depth</div> <div> C or I zone abuts an R zone     20% of lot depth, not less than 20 feet</div> <bR> <div> (D)     Yard limits within a mobile home park.</div> <div> (1)     Front yard.  Minimum front yard from hitch to lot line shall be six feet; in the case of a removed hitch, the minimum front yard from trailer to lot line shall be ten feet.</div> <div> (2)     Side yard.  Minimum side yard shall be 15 feet. Minimum distance between mobile homes shall be 30 feet; minimum distance between any additions to or projections of a mobile home and the next adjacent mobile home shall be 20 feet. In any event, the aggregate total of side yards shall not be less than 30 feet.</div> <div> (3)     Rear yard.  Minimum rear yard shall be 20 feet.</div> <div> (E)     Lot area and yard exceptions and modifications.</div> <div> (1)     Where the yard regulations cannot reasonably be complied with or their application determined on lots of peculiar shape, location or topography, the regulations may be modified or determined by the Board, as provided for in Section 3-4-3(D).</div> <div> (2)     Where a lot is situated between two lots, each of which has a main building which projects beyond this chapter's established front yard line and was so maintained when this chapter became effective, the front yard requirement on the lot may be the average of the front yards of the existing buildings, provided, however, the front yard of the lot shall be not less than ten feet.</div> <div> (3)     Where a lot adjoins only one lot having a main building which projects beyond this chapter's established front yard line, and has been so maintained since this chapter became effective, the front yard requirement on the lot may be the average of the front yard of the existing building and the established front yard line, provided however, the front yard of the lot shall be not less than ten feet.</div> <div> (4)     For the purpose of side yard regulations, semi-detached dwellings, row dwellings and group dwellings with common party walls shall be considered as one building occupying one lot.</div> <div> (5)     The front and side yards may be waived for dwellings, motels and lodging houses erected above the ground floor of a building when the ground floor is designed and used exclusively for business and/or industrial purposes.</div> <div> (6)     An accessory building not exceeding 20 feet in height may occupy not more than 30% of the area of a required rear yard, provided it is no less than five feet from any side or rear lot line.</div> <div> (7)     Where a through lot has a depth of 200 feet or more, and an area of 20,000 square feet or more, the lot may be assumed to be two lots, with the rear line of each approximately equidistant from the front lot lines, provided all area requirements are complied with.</div> <div> (F)     Yard projections.</div> <div> (1)     A porte cochere may be permitted over a driveway in a side yard, provided the structure is not more than one story in height and 20 feet in length, and is entirely open on at least the front and rear sides, except for the necessary supporting columns and customary architectural features; provided, however, the porte cochere does not extend to within six feet of a side lot line.</div> <div> (2)     A cornice, cave bolt course, sill, canopy or other similar architectural feature (not including bay window or other vertical protection) may extend or project into a required front, side or rear yard not more than two feet, provided the width of the side yard is not reduced to less than three feet.</div> <div> (3)     A fire escape may extend or project into any required front, side or rear yard not more than four feet.</div> <div> (4)     An open, unenclosed stairway or balcony not covered by a roof or canopy may extend or project into a required rear yard, and may extend into a required front yard not more than 30 inches.</div> <div> (5)     An open, unenclosed porch, platform or land place not covered by a roof or canopy, which does not extend above the level of the first floor of the building, may extend or project into any required side yard not more than four feet and into any required front or rear yard not more than eight feet.</div> <div> (6)     A fence, lattice-work screen or wall in connection with residential use, not more than six feet in height, but not to extend into the required front yard, or a hedge or thick growth of shrubs, maintained so as not to exceed four feet in height, may be located in any required front or side yard, except for corner setbacks as required in this chapter.</div> <div> (7)     A landscape feature such as trees, shrubs, flowers or plants shall be permitted in any required front, side or rear yard, provided it does not violate the provisions of this chapter.</div> <div> (Ord. 466, §2-11-5, passed 5-11-98; Am. Ord. 469, passed 3-22-99)  Penalty, see § 152.999</div> <bR> <div> § <B>152.110  RECREATIONAL SPACE REQUIREMENTS.</B></div> <div> (A)     General recreational space requirements.  A recreational space requirement is required for all R-1 and R-2 zones and any agricultural or other zone where residential housing is being planned or proposed.  (Ord. 466, § 2-11.5-1, passed 5-11-98)</div> <div> (B)     Criteria for guidance.  In a Commission- approved development plan, and in the approval of subdivisions requiring recreational space, the Commission-approved recreation space shall be approved in all zones as defined in division (E) of this section. The purpose of providing this space shall be to meet the immediate and future recreational needs of the developments residence and a neighborhood setting. Recreation space may be provided in a centrally located site, in distinctly separate sites, as connecting links between separated activity areas, or adjacent to other existing or proposed recreation spaces. The Commission shall determine if the proposed recreation space is suitable for the intended use. Consideration shall be given to the location of the proposed recreation space, and it shall be reasonably close to and adjacent to residential areas or centrally located between phased developments. Wasteland or land undesirable for development shall not be substituted for recreational space unless its location and suitability is consistent with recreational use.  (Ord. 466, § 2-11.5-2, passed 5-11-98)</div> <div> (C)     Covenants. All developments with recreational space must contain acceptable covenants which, in the opinion of the Commission, insure adequate maintenance of those recreation spaces.  (Ord. 466, § 2-11.5-3, passed 5-11-98)</div> <div> (D)     Amount of recreational space required.  Recreational space shall be required when, in the opinion of the Commission, it would be desirable for the proposed development considering the surrounding area and the density of families benefitting from open space and recreational uses. Therefore, a recreational space requirement may be required by the Commission for minor subdivisions if, in the opinion of the Commission, all the above criteria are present and it would be desirable for the proposed development and surrounding area to have recreational space included as part of the plan. Unless extenuating circumstances exist, recreational space will generally not be required in case of minor subdivisions.  (Ord. 466, § 2-11.5-4, passed 5-11-98)</div> <div> (E)     Recreational space and major subdivisions.</div> <div> Recreational space shall be required in all major subdivisions of more than ten lots and may be required in major subdivisions of ten or fewer lots if, in the opinion of the commission, it is determined that the recreational space is desirable and necessary to the orderly development of the area. In major subdivisions of over ten lots the minimum amount of recreational space which shall be required shall be a minimum of 10% of the total area developed with a minimum of 32,670 square feet.  (Ord. 466, § 2-11.5-5, passed 5-11-98)</div> <div> (F)     Physical improvements. The term RECREATIONAL SPACE shall be interpreted to mean void of non-recreational structures, street rights-of-way, open parking areas and driveways for dwellings. The space qualified for recreational space shall be made reasonably level and suitable for organized or unorganized play and recreation by children and adults. The developer may but is not required to provide specific playground equipment and physical improvements.  (Ord. 466, § 2-11.5-6, passed 5-11-98)</div> <div> (G)     Use of recreational space.  Space intended for limited recreational activity or other uses, such as golf courses, to which all residents of the development may not be permitted free access because of the payment of a fee or charge, shall not qualify in meeting the recreational space requirement herein.</div> <div> (Ord. 466, § 2-11.5-7, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> <B>DEVELOPMENT PLAN REGULATIONS</B></div> <div> <B>§ 152.120  PURPOSE.</B></div> <div> A Development Plan is intended to provide all pertinent information about a proposed development so the Plan Commission may make a knowledgeable decision whether or not the proposed development meets all the requirements of this chapter and the goals and objectives of the Master Plan.</div> <div> (Ord. 466, § 2-13-1, passed 5-11-98)</div> <bR> <div> § <B>152.121  REQUIRED DEVELOPMENTS FOR DEVELOPMENT PLAN.</B></div> <div> (A)     Development plan procedure. The development plan procedure, hereafter set forth, shall be required for the following developments:</div> <div> (1)     All minor and major subdivisions of land.</div> <div> (2)     All mobile home parks. Additional requirements are provided for in § 152.130.</div> <div> (3)     All planned unit developments. Additional requirements are provided for in § 152.131.</div> <div> (4)     All intensive livestock operations. Requirements are provided in §§ 152.145 through 152.152.</div> <div> (5)     All multiple-family dwelling developments on lots, parcels or tracts of land over one acre.</div> <div> (6)     All multiple-group dwelling developments.</div> <div> (7)     All C-1 principal use developments on lots, parcels or tracts of land over one acre. Accessory buildings under 5,000 square feet are excluded from the development plan procedures.</div> <div> (8)     All C-2 principal use developments. Accessory buildings under 5,000 square feet are excluded from the development plan procedures.</div> <div> (9)     All I-1 and I-2 principal use developments. Accessory buildings under 5,000 square feet are excluded from the development plan procedures.</div> <div> (B)     Subdivision plat.  A subdivision plat shall be required along with a development plan as long as a subdivision of land, as defined, is occurring as a result of this development. Both development plan and subdivision plat processes may be done concurrently, with any duplicated requirements being counted for both processes.</div> <div> (Ord. 466, § 2-13-2, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § <B>152.122  PRE-APPLICATION REVIEW.</B></div> <div> A pre-application review between the Zoning Administrator and the developer is recommended at least 15 days prior to official application for primary approval of a development plan. The purpose of this pre-application review is as follows:</div> <div> (A)     To inform the applicant of the standards and requirements of all applicable ordinances, including the Comprehensive Plan.</div> <div> (B)     To review the various procedures and submission requirements.</div> <div> (C)     To review with the applicant any inherent limiting characteristics of the specific site or surrounding areas.</div> <div> (D)     To reduce the time period between initial application and Plan Commission approval.</div> <div> (Ord. 466, § 2-13-3, passed 5-11-98)</div> <bR> <div> § <B>152.123  APPLICATION FOR PRIMARY APPROVAL.</B></div> <div> (A)     The application for primary approval of a development plan shall be submitted in duplicate to the Commission on a form approved by the Commission,  shall be signed by the owner(s) of record and shall contain a statement specifying the intentions of the owner respecting the proposed land use of the development, deed restrictions, drainage, sewage disposal, water facilities, and the intended date of the development. At the time of the submission of the application, the applicant shall pay to the Commission the filing fee established by rule of the Commission.</div> <div> (B)     A tracing and two copies of the proposed development plan shall be submitted to the Commission at the time the application for primary approval is filed. The proposed development plan shall represent the entire tract which the applicant intends to develop and over which he has an ownership or financial interest and/or control, or that portion of the entire tract for which further public hearing is required by the Commission following the initial primary approval of the development plan for the overall site.</div> <div> (C)     The development plan for which an application for primary approval is submitted shall contain the supporting data and site plan and supporting maps described below. This information is to be submitted for all of the site included in the application. Applications can be reviewed only for those areas for which all required submission data have been presented.</div> <div> (1)     Supporting data.</div> <div> (a)     A development schedule indicating the approximate date when construction of the development (or stages of the development) can be expected to begin and be completed.</div> <div> (b)     Information on the number and type of structures, parcel size, proposed lot coverage of buildings and structures, together with gross residential densities, type of dwelling units and net density per type of dwelling unit when mixed use, where applicable.</div> <div> (c)     Statements identifying the intended means of assuring permanency, continuance and maintenance of all open/recreation spaces to be dedicated for use by residents of the development and/or the general public, where applicable.</div> <div> (d)     Proposed restrictive covenants, if applicable.</div> <div> (2)     Site plan and supporting maps.</div> <div> (a)     Date, scale (graphic and written), north point, name and address of designer and/or engineer, name and address of the developer, and proposed name of the development.</div> <div> (b)     A generalized legal description of the total site, as well as dimensions of the boundaries of the tract, including generalized bearings and distances, measured from a section corner.</div> <div> (c)     The existing site conditions including contours, (at a predetermined interval), watercourses, and drainage ways, floodplain elevations, wooded areas, soil types (including interpretation of character), and other unique natural features.</div> <div> (d)     The location, minimum size and configuration of areas to be conveyed, dedicated, or otherwise reserved as common open spaces, parks, recreational areas, school sites and similar public and semi-public uses, where applicable.</div> <div> (e)     The existing and proposed vehicular circulation system, including right-of-way widths and driving surface widths of streets, off-street parking areas, service areas, loading areas, street names, intersection radii, street dedications, and points of access to public rights-of-way, where applicable.</div> <div> (f)     The existing and proposed pedestrian circulation system, including links with nearby land uses, where applicable.</div> <div> (g)     Proposed lot and/or tract lines, lot numbers, lot dimensions, easements and building lines. Those areas to be subdivided pursuant to the terms of the subdivision control ordinance shall conform to same and be clearly delineated on the development plan.</div> <div> (h)     The proposed treatment of the perimeter of the site, including materials and techniques to be used, such as screens, fences, walls and landscaping.</div> <div> (i)     The following generalized feasibility information:</div> <div> 1.     Street width and type of surfacing material.</div> <div> 2.     Sanitary sewer pipe location, septic tank, manhole locations and invert at point of connections to existing facilities.</div> <div> 3.     Water line and fire hydrant locations to point of connection to existing facilities.</div> <div> 4.     Storm sewer improvement locations including pipe, manhole and catch basin locations; detention basin location, capacity and appropriate elevations; storm drainage flow lines.</div> <div> 5.     Street lighting fixture locations, when applicable.</div> <div> (Ord. 466, § 2-13-4, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § <B>152.124  HEARING FOR PRIMARY APPROVAL; ACTION BY COMMISSION.</B></div> <div> (A)     Within 30 days after the date of receipt of the plan application for primary approval, the proposed development plan and the filing fee, the Zoning Administrator shall announce the date and time of the public hearing for primary approval of the development plan to be held before the Commission. The Zoning Administrator shall also provide notice of the hearing, as follows:</div> <div> (1)     By publication in accordance with I.C. 5-3-1.</div> <div> (2)     To the applicant, in writing, by means of regular United States mail, postage prepaid, addressed to the applicant at the address listed in the application for approval.</div> <div> (3)     To all public agencies and governmental units having a probable interest in the proposed plat, furnishing a copy thereof and requesting their written comments with regard thereto,</div> <div> (4)     To any other interested parties and in a manner as the Commission may designate by rule.</div> <div> (B)     The public hearing for primary approval of the proposed development plan shall be conducted in accordance with procedures which the Commission may adopt by rule.</div> <div> (C)     After public hearing upon the proposed development plan, the Commission shall determine if it complies with and satisfies the standards prescribed for primary approval under this chapter. Within a reasonable time after the hearing, the Commission shall either grant, with or without conditions, or deny primary approval of the proposed development plan and enter written findings and decision in accordance with that action, signed by the President, the Vice President, the Secretary or the Zoning Administrator of the Commission; provided however, that if primary approval is denied, the written findings entered by the Commission shall set forth the reasons for denial.</div> <div> (D)     Notice of the Commission's decision upon the application for primary approval shall be provided by furnishing a copy of its written findings and decision to the applicant and to any remonstrators or other interested parties, if any, as the Commission may designate by rule. Notice shall be furnished by the Zoning Administrator within five days after the Commission's decision in the manner prescribed by the Commission, by rule duly adopted.</div> <div> (E)     Primary approval of a development plan by the Commission shall be valid for one year from the date of approval, unless the applicant, prior to the expiration of the one-year period, shall have applied for and received the Commission's approval for an extension of time to obtain secondary approval. If, by the expiration of the initial one-year period of time, or during any period of extension approved by the Commission, the applicant does not obtain secondary approval of all or part of the area included in the development plan for which primary approval had been granted, then the primary approval granted for the development plan shall lapse and be considered as null and void. In the event the Commission grants secondary approval for only a portion of the development plan, the applicant thereafter will not be obligated to adhere to any time limitations for requesting secondary approval of the remainder of the development plan.</div> <div> (Ord. 466, § 2-13-5, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § <B>152.125  APPLICATION FOR SECONDARY APPROVAL.</B></div> <div> (A)     Intent to seek secondary approval.  The applicant shall have the responsibility to notify the Zoning Administrator of the Commission in writing of his intent to seek secondary approval, of either all or a portion of the development plan. In the event the applicant intends to seek secondary approval of only a portion of the development plan, the applicant shall specifically describe and designate the areas so as to reasonably identify the same. The applicant shall also at that time file with the Commission staff the development plan in the form and with the contents prescribed hereinafter. The Zoning Administrator shall then cause to be scheduled a meeting of the Plan Commission for the purpose of reviewing the development plan and determining whether secondary approval shall be granted, and shall  provide notice to the applicant of the date and time of the meeting. No other notice of the meeting need be given, except as required by law. The Zoning Administrator shall then review all submissions made by the applicant to insure the requirements for secondary approval stated in this chapter have been satisfied.</div> <div> (B)     Requirements for consideration. The Commission will consider secondary approval of a development plan only after the applicant has accomplished the following:</div> <div> (1)     Filed with the Commission a complete set of plans and specifications for the development of all streets, sewers, water supply and other utilities and facilities proposed to be installed in conjunction with the development plan, in accordance with the requirements of this chapter.</div> <div> (2)     Delivered to or filed with the Commission all necessary approvals and acceptances from all applicable agencies and authorities.</div> <div> (3)     Paid in full to the Commission all costs incurred for the furnishing of notice required under this chapter and/or by rule, of the granting of primary approval of the development plan by the Commission.</div> <div> (4)     Filed with the Commission the development plan in the form and with the contents prescribed hereinafter.</div> <div> (C)     Contents of development plan for secondary approval.  The development plan for which secondary approval is sought shall be submitted to the Commission in the form of an original reproducible plan sheet, drawn in ink, and shall be complete and accurate layout of the project, and shall contain any and all additions, corrections and deletions required by the Commission. The development plan shall also include the following information:</div> <div> (1)     Supporting data.</div> <div> (a)     Legal description of the parcel of real estate for which secondary approval is sought.</div> <div> (b)     Restrictive covenants, including provisions for open space maintenance, when applicable.</div> <div> (c)     Traverse closure.</div> <div> (d)     Construction performance schedule and accompanying development plan indicating delineations of specific areas. If applicable, those areas required to have open space shall include the time of the development of recreational or other facilities within the open space. The development plan shall also indicate the location of any construction access roads and their relationship to the staging of development.</div> <div> (e)     Letters of comment from the County Surveyor's Office, County Health Department and other public agencies having approval over the wastewater disposal system and fresh water supply system.</div> <div> (f)     Letters from the utilities serving the area, setting forth their ability to serve the development.</div> <div> (g)     Additional information as may be required by the Commission.</div> <div> (2)     Site plan and supporting maps.</div> <div> (a)     Date, scale (graphic and written), north point, name and address of the designer and/or engineer, name and address of the developer of the tract, and name of development.</div> <div> (b)     Dimensions of the boundaries of the tract, including bearings and distances and the exact location of all existing and recorded streets intersecting the boundary of the tract.</div> <div> (c)     Section or reserve lines or other legal points of reference and distances to same.</div> <div> (d)     Building lines, lot lines, easement locations and dimensions.</div> <div> (e)     Lot numbers and individual addresses for each lot.</div> <div> (f)     Plans, profiles, cross-sections and names, location and geometries for streets and entrances onto public rights-of-way, including acceleration deceleration and passing lanes, and dedication documents when applicable.</div> <div> (g)     Plans and cross sections for pedestrian walkways.</div> <div> (h)     Easements such as pedestrian, utility, drainage, and the like.</div> <div> (i)     Sanitary and storm sewer plans and profiles, and waterline plans.</div> <div> (j)     Parking areas, including plans, cross-sections, and landscaping details.</div> <div> (k)     The length of all arcs and radii, central angles, internal angles, points of curvature and tangency, the length of all tangents, intersection radii and right-of-way widths.</div> <div> (l)     Lighting plan, including areas to be lighted, the type of fixtures to be used, and the lighting intensity level for all areas to be lighted, when required.</div> <div> (m)     Landscape plans, including the location of all landscape materials and elements, which requirement is waived in those areas used for single-family residential purposes.</div> <div> (n)     Other data which may be required by the Commission.</div> <div> (Ord. 466, § 2-13-6, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> §<B> 152.126  ACTION BY COMMISSION FOR SECONDARY APPROVAL.</B></div> <div> (A)     Within a reasonable time following the applicant's satisfaction of all requirements for secondary approval stated under § 152.125, the Plan Commission shall either grant, with or without conditions, or deny secondary approval of the development plan. If secondary approval is denied, the Plan Commission shall, within five days thereafter, furnish the applicant with a written list of the reasons for denial.</div> <div> (B)     Notwithstanding the requirements of this chapter for submission to the Plan Commission, the Commission may, upon written request by the applicant, supported by evidence that all submissions have been timely filed, grant secondary approval of a development plan although one or more approval(s) may not have been delivered to or received by the Commission. The Commission may grant secondary approval only when the applicant provides a written statement made under oath and approved by the Commission or the Commission staff, for recordation as a protective covenant or supplement thereto, stating that the applicant will cause to be provided at his cost all things necessary to attain or accomplish the delivery of the required approval(s) which shall then have been delivered to or received by the Commission. If the applicant does not then deliver the approval(s) in a timely fashion, the Commission is empowered to refuse to issue either improvement location permits or certificate of occupancy permits. Once the applicant has thereafter secured and delivered to the Commission the required approval(s), the Zoning Administrator shall then execute a recordable document, which shall be recorded by the applicant at his expense, rescinding the aforesaid recorded written statement.</div> <div> (Ord. 466, § 2-13-7, passed 5-11-98)</div> <bR> <div> §<B> 152.127  ISSUANCE OF PERMIT.</B></div> <div> (A)     Prior to the issuance of an improvement location permit for any use in a zone wherein a development plan is required, the following matters shall be accomplished:</div> <div> (1)     The Commission shall have granted primary and secondary approval of the development plan in accordance with this subchapter and the Comprehensive Master Plan.</div> <div> (2)     The applicant shall have duly recorded in the office of the County Recorder the utility easements, rights-of-way, plats, deed restrictions, or any other legal instruments required, and in the form approved by the Commission.</div> <div> (B)     The requirement for approval of a development plan, prior to the issuance of improvement location permit, shall also specifically apply to any residential condominium development which is subject to the requirements of I.C. 32-1-6, the Indiana Horizontal Property Act, as the same may be amended from time to time, regardless of whether zoning district in which the subject real estate is located required approval of development plan for the intended use under this chapter. A condominium development shall be subject to all requirements set forth in § 152.125.</div> <div> (Ord. 466, § 2-13-8, passed 5-11-98)</div> <bR> <div> § <B>152.128  AMENDMENTS TO APPROVED DEVELOPMENT PLAN.</B></div> <div> (A)     General requirements. After the Commission has granted either primary or secondary approval of a development plan, any amendments thereto shall be submitted by the applicant to the Zoning Administrator by way of an amended application for the type of approval sought, on a form prescribed by the Commission. Any application shall also be accompanied by the pertinent submissions required under this chapter for the proposed amendments involved, together with the requisite filing fee if a public hearing is required hereunder to be held upon the amended application.</div> <div> (B)     Execution of amended application.  Any application submitted for amendment of a development plan following the granting by the Commission of primary approval, but prior to the granting of secondary approval, need contain only the signature(s) of the original applicant(s), or the successor(s) in interest thereto. After secondary approval of a development plan has been granted, any applications for proposed amendments thereto shall contain the signatures of all owners of record, as shown in the Real Estate Master File maintained by the County Auditor at the time the application is filed, of the real estate included in that portion of the development plan for which secondary approval had previously been granted and for which amendment is being sought.</div> <div> (C)     Requirement for public hearing.  If, in the opinion of the Zoning Administrator, the amendment to the development plan proposed in the application is substantial, in terms of the scope of the overall project and/or the possible impact upon the community and land uses, both existing and planned, which surround the area included in the development plan, then the Zoning Administrator may either require the matter to be heard by the Commission at a public hearing, or defer the decision to the Plan Commission for a determination of a public hearing. In the event the determination is to be made by the Plan Commission, notice of the date and time of the meeting of the Commission at which the determination is to be made shall be given by the Zoning Administrator to the applicant. No other notice need be given, except as required by law. Any action by the Commission in determining whether a public hearing must be held before the Commission upon the amendments proposed by the applicant shall be a final decision, which may not be appealed to the Commission except by a dissenting Commission member as provided by rule.</div> <div> (D)     Commission action.  Notwithstanding the foregoing provisions, nothing in this section shall preclude the Commission from requiring, as a condition for the granting of primary approval of an overall development plan, that subsequent public hearings be conducted before the Commission, as to any portions of the overall development plan or any later amendments, alterations or modifications proposed with regard thereto. The Commission may, however, waive any procedural or submission requirements otherwise provided under this chapter, which it may deem necessary when reviewing a change to an approved development plan.</div> <div> (E)     Conduct of subsequent public hearing.  If the Commission requests, or is required under the provisions of this chapter, to conduct a second or subsequent public hearing for approval of a development plan or an amendment thereto, then the hearing shall be conducted and notice furnished in accordance with the provisions of this chapter and the pertinent rules duly adopted by the Commissions.</div> <div> (Ord. 466, § 2-13-9, passed 5-11-98)</div> <bR> <div> § <B>152.129  DESIGN STANDARDS.</B></div> <div> The following minimum design standards shall apply to all site improvements on real estate for which a development plan is required. Individual zoning districts may also supplement the following standards with more detailed standards pertinent to individual districts.</div> <div> (A)     Environmental design.</div> <div> (1)     It is the intention of the Plan Commission to encourage the preservation of natural site amenities and to minimize the disturbance to the natural environment.</div> <div> (2)     Existing trees and other natural features shall be preserved whenever possible. The location of these features must be considered when planning common open space, location of buildings, underground services, walks, paved areas, and finished grade levels. The Commission may inquire into the means whereby natural features will be protected during construction.</div> <div> (B)     Building separation. In reviewing the location of all structures within the development plan boundaries, the Commission shall determine that the structures are located so as to allow adequate light, air, ease of entry and access by emergency vehicles. For those districts without specified yard requirements, the Commission shall be guided by the following:</div> <div> (1)     That the open areas provided around the building be sufficient to provide occupants of the structure with adequate light and air from all outside walls which contain windows or doors.</div> <div> (2)     That sufficient space is provided for access and entry to buildings from all streets, parking lots and other  buildings.</div> <div> (3)     That in the event lots for one-family or two-family dwellings are to be sold prior to construction and the applicant cannot indicate structures on the development plan, those structures shall be subject to the yard provisions of the zoning and subdivision ordinances for the R-1, R-2, and R-3 districts or other Commission-approved minimums, unless specifically waived.</div> <div> (C)     Vehicular circulation facilities.  All present and future dedicated right-of-way widths and street improvements shall meet the requirements of the subdivision control ordinance as now or hereafter amended.</div> <div> (D)     Pedestrian circulation facilities.  Pedestrian walkways shall be constructed in a location and to specifications approved by the Commission. These walkways shall provide for pedestrian circulation throughout the development and shall be separated from vehicular traffic. Where distance separation cannot be achieved, physical separation may be required in cases which the Commission deems it  necessary.</div> <div> (E)     Sanitary sewage disposal and water supply systems.  All water supply and sanitary sewage disposal systems, whether private or public in nature, shall be subject to compliance with local, and where appropriate, state agency requirements. Plans must be submitted to and approved by the appropriate agencies.</div> <div> (F)     Storm drainage.</div> <div> (1)     Adequate surface and subsurface drainage ways for the removal of storm water shall be provided by the developer. The extent to which storm drainage facilities shall be required shall be based upon an analysis of need prepared for the developer by a registered professional engineer and/or registered land surveyor. The computations shall show that the peak runoff rate after development for the 100-year return period storm of 24-hour duration shall not exceed the 10-year return period pre-development peak runoff rate. Times of concentration, soil infiltration rates, and other variable actors to be used in the analysis shall be discussed with and approved by the County Surveyor during the preliminary consideration of the subdivision. The engineer (or his agent) preparing the analysis shall provide the County Surveyor with a copy of the computations used in the completion of the analysis.</div> <div> (2)     A storm water sewer system, which shall be separate and independent of the sanitary sewer system, with surface inlets, shall be provided by the developer in all cases where curb and gutter is to be installed and whenever the available evidence indicates that such a system is necessary due to the inadequacy of the natural surface drainage.</div> <div> (3)     Any person proposing to locate a structure or a use within 100 feet of any stream or main drainage channel in any zoning district shall include with the application for an improvement location permit and/or a certificate of occupancy, a statement from the Indiana Department of Environmental Management, based on a study of the watershed area and the probable runoff, that the structure or use in the proposed location will leave adequate space for the flow of flood water, provided, however, that no building shall be permitted within 75 feet of the top of the bank of any stream or main drainage channel unless permitted by the County Drainage Board.</div> <div> (4)     The developer shall furnish the Commission a complete set of plans and profiles as approved by the various authorities.</div> <div> (5)     All plans and workmanship shall be in compliance with the Indiana Drainage Code, I.C. 36-9-27 and all acts supplemental and amendatory to it.</div> <div> (G)     Recreation space requirements.</div> <div> (1)     Recreational space requirements and the criteria for approval in the development plan and/or platting of applicable subdivisions are contained in  § 152.110. The following standards are to be utilized in the evaluation of all required recreation space in a Commission-approved development plan:</div> <div> (a)     Commission-approved recreation space shall be provided in all residential zones as defined in § 152.121. The purpose of providing this space shall be to meet the immediate and future recreational needs of the development's residents in a neighborhood setting. Recreation space may be provided in a centrally located site, in distinctly separated sites, as connecting links between separated activity areas, or adjacent to other existing or proposed recreation spaces. The Commission shall determine if the proposed recreation space is suitable for the intended use. This requirement may be waived when, in the opinion of the Commission, the applicant has satisfactorily demonstrated that he has provided alternative methods for meeting the recreational needs of his development's residents.</div> <div> (b)     All developments with recreation space must contain acceptable covenants which, in the opinion of the Commission, insure adequate maintenance of those recreation spaces.</div> <div> (2)     Physical improvements.  The term recreation space shall be interpreted to mean void of non-recreational structures, street rights-of-way, open parking areas and driveways for dwellings.</div> <div> (3)     Use of recreation space.  Space intended for limited recreational or other uses, such as a golf course, to which all residents of the development may not be permitted free access because of the payment of a fee or a charge, shall have a maximum of three-fourths of the space utilized in meeting the recreation space requirements of the total development.</div> <div> (H)     Paving.  All access drives and off-street parking facilities shall either be paved with concrete or with other approved surfacing material to adequately provide a durable and dust-free surface.</div> <div> (I)     Parking standards.</div> <div> (1)     Parking areas may be required to be arranged so as to prevent through traffic to other parking areas.</div> <div> (2)     Parking areas shall be screened from adjacent non-related structures, roads and traffic arteries with plantings, earth berms, walls or changes in grade, when deemed necessary by the Commission.</div> <div> (3)     All parking areas shall be marked so as to provide for orderly and safe parking, storage and movement.</div> <div> (4)     When it is in the interest of safety and better vehicle and pedestrian circulation, the Plan Commission may require the use of landscape elements to provide physical separation of use areas.</div> <div> (5)     All parking areas shall be adequately lighted. All lighting shall be so arranged as to direct the light away from adjoining real estate.</div> <div> (6)     All parking areas and off-street loading areas shall be graded and drained to remove all surface water without erosion and flooding.</div> <div> (J)     Street lighting.  Street lighting shall be provided in all residential developments. Alternative street lighting proposals will be considered by the Commission if found to be appropriate in scale and intensity. Where pedestrian facilities are separated from streets to the extent that they are not adequately lighted from the street light facilities, separate lighting facilities shall be provided on pedestrian facilities.</div> <div> (Ord. 466, § 2-13-10, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> §<B> 152.130  DEVELOPMENT PLAN: MOBILE HOME PARKS.</B></div> <div> (A)     Prior to issuance of an improvement location permit in an R-3 Mobile Home Park zone, the Commission shall grant primary approval of a development plan for the entire tract and secondary approval either for the entire tract or that portion of the tract in which improvements are to be located. The submissions and procedures required to obtain development plan approval are set forth §§ 152.120 through 152.129.  (Ord. 466, § 2-14-1, passed 5-11-98)</div> <div> (B)     In determining the action to be taken on a proposed R-3 development plan, the Commission shall be guided by the design standards set forth in § 152.129 and supplemented as follows:</div> <div> (1)     The wheels shall be removed from each mobile home occupying a lot in the park.</div> <div> (2)     Each mobile home shall be supported under all exterior walls by a permanent foundation completely enclosing the undercarriage.</div> <div> (3)     Each mobile home occupying a lot on the subdivision shall contain a flush toilet, sleeping accommodations, a tub or shower bath, kitchen facilities, and plumbing and electrical connections designed for and attached to appropriate external systems.</div> <div> (4)     The developer shall provide a substantial and attractive fence of at least six feet in height or a dense evergreen screen planting of at least six feet in height after one full growing season, when adjoining property is zoned or used for residential purposes. When the park is adjacent to an arterial thoroughfare, the park yard fronting on the thoroughfare shall be landscaped and maintained.</div> <div> (5)     Provision must be made, in every mobile home park, for a road in front of every lot. The road surface shall be of the all-weather type with a traffic surface of not less than 20 feet in width, properly crowned and graded. When off-street parking is not utilized, a parking surface of eight feet in width shall be provided along each side of the traffic surface. When these roads come in contact with any public roads or highway, reinforced concrete sewer pipe with cemented joints or continuous iron or steel pipe shall be installed to provide drainage. The cost of the pipe shall be defrayed by the owner or operator of the park, and the installation shall be approved by the Street Department Superintendent and the County Surveyor. All roads within the park must be accessible for traffic at all times and shall be maintained in first class condition. Roads in any mobile home park shall not be accepted into the city street system and the operator shall provide for their maintenance.</div> <div> (6)     All R-3 Mobile Home Park zones shall have open space, unless waived by the Commission, at a rate of 200 square feet per mobile home lot. The Commission may require recreational space the same as set out in § 152.110.</div> <div> (7)     In addition to the parking regulations in § 152.090(B), the mobile home park developer shall provide two parking areas per each lot.</div> <div> (8)     Sidewalks of 36-inch minimum width shall be provided by the developer; the sidewalks shall serve each lot and mobile home.</div> <div> (9)     Street lighting shall be provided by the developer. The light value on all occupied streets shall be a minimum of 0.1 foot candle.</div> <div> (10)  Water supply shall be from a municipal water service or from approved and protected driven wells that meet all test requirements, provided with tight, elevated concrete platforms, and which will not be subject to overflow or surface drainage. The source and supply of the water for human consumption must meet all the requirements of the County and State Boards of Health. The use of open wells, springs, cisterns, or open storage tanks for human consumption is unlawful and shall constitute a violation of the terms of this chapter.</div> <div> (11)  (a)     Mobile home parks must be kept in clean and sanitary condition and provided with suitable covered metal receptacles for garbage, waste, litter and trash. Receptacles must be emptied once a week, and the contents of same must be disposed of immediately by other approved means of regular collection by a garbage disposal service.</div> <div> (b)     Liquid wastes from mobile homes shall be collected by a sewage system which has a trapped outlet available to each lot or unit plot and which shall discharge into an approved sewage disposal system. The use of buckets as a depository for waste is unlawful.</div> <div> (12)  Primary treatment of all sewage shall be through a sewage disposal process which meets all city and state health requirements. If septic tanks are used, a percolation test will be required meeting the specifications of the County and State Sanitation Codes. If a sewage disposal plant or lagoon is used, the system must be approved by the Sewage Department Superintendent and the County and State Boards of Health. Every mobile home park shall provide one or more service buildings based upon the requirements set forth in the Indiana General Assembly Acts of 1955, Chapter 321, Sections 16 to 21 and amendments thereto. Supervision and maintenance of the mobile home park shall comply with the Indiana General Assembly Acts of 1955, Chapter 321, Section 11 and amendments thereto.</div> <div> (13)  All mobile homes occupying any lot in the city must be kept in such operating condition that they may be removed or placed in transit within 24 hours upon legal service of the sheriff or other law enforcement officer.</div> <div> (Ord. 466, § 2-14-2, passed 5-11-98)</div> <div> (C)     Every owner, agent, lessee, person, firm, or corporation that operates or manages any area, tract, subdivision, or any part thereof for the use as a mobile home park shall file with the Commission, at the time of opening the park for occupancy, a Mobile Home Park Registration. The form shall be furnished by the Commission. Before renting or leasing any unit plot, the owner or operator, or agent of the owner or operator, shall submit one original Mobile Home Park Registration form to the Commission and a copy of the form to each of the following:</div> <div> (1)     The mobile home park operator.</div> <div> (2)     The State Board of Health.</div> <div> (3)     The school superintendent of the school district in which the park is located.</div> <div> (4)     The Chief of Police.</div> <div> (5)     The County Board of Health.</div> <div> (Ord. 466, § 2-14-3, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § <B>152.131  DEVELOPMENT PLAN; PLANNED UNIT DEVELOPMENTS.</B></div> <div> (A)     Planned Residential zone.</div> <div> (1)     Prior to issuance of an improvement location permit in an R-2P zone, the Commission shall grant primary approval of a development plan for the entire tract and secondary approval either for the entire tract or that portion of the tract in which the improvements are to be located. The submissions and procedures required to obtain development plan approval are set forth in §§ 152.120 through 152.129.</div> <div> (2)     In determining the action to be taken on a proposed Planned Residential zone development plan, the Commission shall be guided by the design standards set forth in § 152.129 and supplemented as follows:</div> <div> (a)     The maximum permitted density per acre for the R-2P Planned Residential zone is eight dwelling units per gross acre.</div> <div> (b)     All regulations will be equal to those in the corresponding R-2 zone unless specifically waived by the Commission at the time of development plan approval. In the event the Commission waives any regulations, it must find that the general intent, spirit and purpose of the zone are met.</div> <div> (c)     All R-2P Planned Residential zones shall have open space, as determined by the Commission.</div> <div> (Ord. 466, § 2-15-1, passed 5-11-98)</div> <div> (B)     Planned Commercial zone.</div> <div> (1)     (a)     Prior to issuance of an improvement location permit in a Planned Commercial</div> <div> district, the Commission shall grant primary approval of a development plan for the entire tract and secondary approval either for the entire tract or that portion of the tract in which the improvements are to be located.</div> <div> (b)     During its review process the Commission will consider the following items:</div> <div> 1.     Jointly used parking facilities will be encouraged by the Commission, thereby reducing the number of individual entrances and exits to thoroughfares.</div> <div> 2.     The applicant shall submit a set of sign standards to be reviewed by the Commission. The standards will be approved as part of the secondary development plan, and joint use of signs will be encouraged where deemed necessary by the Commission.</div> <div> (2)     In determining the action to be taken on a proposed development plan, the Commission shall be guided by the design standards and policies established in § 152.129 and supplemented as follows:</div> <div> (a)     All regulations shall be equal to those in the regular C zones unless specifically waived by the Commission at the time of development plan approval; and in the event the Commission waives any regulations, they must find that the general intent, spirit and purpose of the zone are met.</div> <div> (b)     The Commission shall require 10% of the net site area to be landscaped; landscaping elements include but are not limited to planting beds, islands, embankments and other aesthetic areas.</div> <div> (Ord. 466, § 2-15-2, passed 5-11-98)</div> <div> (C)     Planned Industrial zone.</div> <div> (1)     (a)     Prior to issuance of an improvement location permit in a Planned Industrial district, the Commission shall grant primary and secondary development plan approval for the total site.</div> <div> (b)     The Commission during its review process will consider the following items:</div> <div> 1.     Jointly used parking facilities will be encouraged by the Commission, thereby reducing the number of individual entrances and exits to thoroughfares.</div> <div> 2.     The applicant shall submit a set of sign standards to be reviewed by the Commission. These standards will be approved as part of the secondary development plan, and joint use of signs will be encouraged where deemed necessary by the Commission.</div> <div> (2)     In determining the action to be taken on a proposed development plan, the Commission shall be guided by the design standards and policies established in § 152.129, and, in addition, all regulations shall be equal to those in the regular districts unless specifically waived by the Commission at the time of development plan approval; in the event the Commission waives any requirements, they must find that the general intent, spirit and purpose of the zone are met.</div> <div> (Ord. 466, § 2-15-3, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> <B>INTENSIVE LIVESTOCK OPERATIONS</B></div> <div> <B>§ 152.145  PERMIT REQUIREMENTS.</B></div> <div> (A)     Every person, firm, or corporation shall obtain an intensive livestock permit before operating an intensive livestock operation.</div> <div> (B)     The provisions of this chapter apply to both the operation owner and the livestock owner, if different; provided however, that only one permit shall be required for each location which may be in the name of the operation owner or the livestock owner.</div> <div> (Ord. 466, § 2-16.5-1, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> §<B> 152.146  INTENSIVE LIVESTOCK OPERATION DEFINED.</B></div> <div> (A)     An INTENSIVE LIVESTOCK OPERATION will be defined for the purpose of this subchapter as any existing or proposed livestock operation or an extension of an existing livestock operation with the number of animals located thereon exceeding the per acre limits as follows: (for the purposes of this section, ACRES shall be defined as undeveloped, tillable land)</div> <div> (1)     Twenty-five nursery pigs.</div> <div> (2)     Six sows.</div> <div> (3)     Ten finishing hogs.</div> <div> (4)     Three beef cattle.</div> <div> (5)     Six heifers.</div> <div> (6)     Three dairy cattle.</div> <div> (7)     Ten veal calves.</div> <div> (8)     Two hundred fifty turkeys, ducks, geese, and laying hens, or any combination thereof.</div> <div> (9)     Four hundred pullets.</div> <div> (10)  Five hundred broilers.</div> <div> (11)      Five horses.</div> <div> (12)      Twenty sheep or goats or any combination thereof.</div> <div> (13)     Limits for other livestock not enumerated herein shall be determined by Commission by comparing body weight and animal wastes with numerated.</div> <div> (B)     An INTENSIVE LIVESTOCK OPERATION is further defined for the purpose of this subchapter as any existing or proposed livestock operation or an expansion of an existing livestock operation regardless of acreage on which there are livestock unit numbers exceeding 400 hogs, 200 cattle, or 20,000 poultry. Where a livestock operation involves less than 400 hogs, 200 cattle, or 20,000 poultry, but there is more than one species of animal, the total number of animals in each category shall be divided by 400 in the case of hogs, 200 in the case of cattle, and 20,000 in the case of poultry, and the resulting percentages shall be added together. If the total of the percentages equals or exceeds 100, then the operation is an intensive livestock operation as defined herein, and shall be subject to the provisions of this subchapter.</div> <div> (Ord. 466, § 2-16.5-2, passed 5-11-98)</div> <bR> <div> § <B>152.147  LIVESTOCK OPERATION REGULATIONS.</B></div> <div> (A)     Waste treatment.  The following regulations as to waste treatment and disposal shall apply to all intensive livestock operations:</div> <div> (1)     All facilities located at one site are to be considered as components of one intensive livestock operation.</div> <div> (2)     All proposed waste storage facilities shall be designed to provide a minimum storage for a period of 180 days of all animal waste, contaminated runoff and wastewater generated by the intensive livestock operation, based on the waste production and rainfall values as determined by Purdue University Cooperative Extension Service. Additional storage shall be required if terms of division (B) of this section should be applicable.</div> <div> (3)     All rainwater from roofs and other uncontaminated water shall be diverted away from the waste storage facilities.</div> <div> (4)     Wastewater generated by the intensive livestock operation, such as excess drinking water, clean-up water, milking parlor wastewater, milking house wash water, and the like, shall not be discharged directly to a stream or field tile; and consequently, must be discharged into the animal waste storage pit or treated in an alternate manner approved by the Plan Commission and the County Board of Health. Excess drinking water and milk house wash water may be treated with a septic tank or absorption system approved by the Plan Commission and the County Board of Health.</div> <div> (5)     Application equipment must have the capacity of spreading a 180-day accumulation of waste in 18 days. The time required for spreading a load of waste will vary, depending on the type of equipment used and the distance the waste must be hauled. In calculating the time required for emptying holding pits, a maximum of two loads per hour or 18 loads per day shall be used. Additional time should be provided if the application land is a distance away from the intensive livestock operation.</div> <div> (B)     Application lands.  Sufficient applicant owned land or leased land must be available for spreading of waste from intensive livestock operations. If applicant relies on leased land for 50% or more of his required applicated lands, then the owner and/or operator of the intensive livestock operation must provide 270 days of storage to contain the waste throughout the growing season.</div> <div> (C)     Application rates.  The following land area acreage application shall be followed:</div> <div> (1)     One acre of application land shall be available for each livestock per acre unit as set out in section § 152.146(A).</div> <div> (2)     Fifty percent of the application land must be within two miles of the intensive livestock operation buildings and must either be owned by the owner of the intensive livestock operation.</div> <div> (3)     If not, the owner of the intensive livestock operation must present and submit to the Plan Commission a long-term lease granting permission to apply waste on the leased ground that is used as application area.</div> <div> (D)     Application set-backs.  For the complete table from this division, refer to Appendix C: Intensive Livestock Operations; Application Setbacks, at the end of this chapter.</div> <div> (E)     Application requirements in floodplain.  All applications of manure in a floodplain shall be either by injection or, if surface applied, then the surface applied application shall be incorporated immediately into the soil no later than the end of each working day.</div> <div> (F)     Requirements for injection.  In all cases of injection of manure upon land, the injection of the same shall be at a minimum depth of three inches and manure shall not be allowed to seep upon the surface of the soil.</div> <div> (G)     General requirements for incorporation.  In the case of incorporation of manure in all zones set out in division (D) above, and in Appendix C, the manure shall be disked or plowed into the soil so as to completely cover the manure to prevent any runoff. In application by incorporation in other than a floodplain, the incorporation shall be accomplished, weather permitting, within a minimum period of 48 hours after application. However, application in a floodplain shall be accomplished no later than the end of each working day.</div> <div> (Ord. 466, § 2-16.5-3, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § <B>152.148  DESIGN CRITERIA FOR FACILITIES.</B></div> <div> (A)     General requirements for design.  All requirements contained in the intensive livestock operation regulations as set forth in § 152.147 are incorporated in this section as if the same were herein set out in full, and each facility shall be constructed, operated and maintained in accordance with the requirements and regulations as set forth therein.</div> <div> (B)     Waste treatment and disposal.</div> <div> (1)     All proposed waste storage facilities shall be designed to provide a minimum storage for a period as provided in § 152.147 of all animal waste, contaminated runoff, and wastewater generated by the intensive livestock operation, based on the waste production and rainfall values as determined by Purdue University Cooperative Extension Service, or the manure management policy issued by the Indiana Department of Environmental Management.</div> <div> (2)     All rainwater from roofs and other uncontaminated water shall be diverted away from the waste storage facilities.</div> <div> (3)     Wastewater generated by the intensive livestock operation (such as excess drinking water, clean-up water, milking parlor water, milking house wash water, and the like) shall not be discharged directly into a stream or field tile. Instead, this wastewater shall be discharged into an animal waste storage pit or treated in an approved alternate manner. Excess drinking water and milk house wash water may be treated with an approved septic tank of absorption system as may be approved by the County Health Department. Any approvals required under this division shall be given by the County Board of Health and/or the Indiana Department of Environmental Management (or any other state agency which may regulate disposal and treatment of animal waste).</div> <div> (C)     Earthen pit design.  Earthen pits shall be designed to prevent percolation of the waste into the underlying groundwater and to provide levees which are stable and can be satisfactorily maintained. A pit shall be located in impervious soil, unless it is lined with bentonite clay to prevent seepage or some other liner approved by the Commission. Earthen pits should meet the following criteria:</div> <div> (1)     Minimum 3:1 inside and outside slopes.</div> <div> (2)     Seven to ten-foot top width.</div> <div> (3)     No emergency overflow pipe or spillway or as designed by S.C.S.</div> <div> (4)     All rain water from roofs and other uncontaminated water shall be diverted away from the waste storage facilities.</div> <div> (5)     A minimum of two feet of freeboard shall be maintained at all times.</div> <div> (D)     Separation distances and setbacks. The minimum requirements as to separation distances of the pit and/or total confinement area of an intensive livestock operation must be as follows for covered pit and total confinement installation:</div> <div> (1)     One hundred feet from any water well. An earthen lagoon shall not be placed closer than 200 feet to any water well which is or will be used for human consumption or production of milk.</div> <div> (2)     Six hundred feet from a residence.</div> <div> (3)     One thousand feet from any public building (church, school, and the like).</div> <div> (4)     One thousand three hundred feet from any built-up area of five or more homes as the same is herein defined.</div> <div> (5)     If an open feeding floor and pit combination is proposed, 200 feet shall be added to the distances as required in subdivisions (2), (3) and (4), above.</div> <div> (6)     If open earthen pits or other open pits are used, 500 feet  shall be added to the distances set out in subdivisions (2), (3) and (4), above.</div> <div> (E)     Separation distances and setbacks for new residential, business. public or recreational facilities. All new residential, business or public buildings and recreational facilities shall be subject to the same separation distances front existing intensive livestock operations as are set forth above, except that the same shall not apply with regard to a residence occupied by the operator or owner of the intensive livestock operation.</div> <div> (Ord. 466, § 2-16.5-4, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § <B>152.149  APPLICATION.</B></div> <div> (A)     Necessity for application.  Before any new operation or expansion of an existing livestock operation is commenced or constructed, approval of the Plan Commission shall be obtained. Before any approval of the Commission is given, each proposed intensive livestock operation shall be reviewed on the basis of information furnished on the application form provided by the Commission as required herein, and the facts obtained from an on-site inspection or study if required by the Commission. If facts show the proposal to be in compliance, approval shall be granted by the Commission.</div> <div> (B)     Existing intensive livestock operations.  For all existing intensive livestock operations not operating under a valid permit, the owner or operator thereof shall make application and obtain a permit before continuing the operation.</div> <div> (C)     Transfer of permit.  A permitted intensive livestock operation shall remain personal with the holder of the permit and shall be transferred only in accordance with this division. A transfer of a permit without any increase in the number of animals may be granted by the Plan Commission Director without a public hearing if the transfer or if the permit is in good standing and the transferee demonstrates an ability to continue to operate the permit in accordance with this subchapter. A transfer of a permit seeking to increase the number of animals shall be granted by the Commission only after a public hearing and notice. A transfer may be granted on review by the Commission of all relevant documents in the transferor's file and a review of the application of the transferee, and the Commission may obtain any other relevant information as it deems necessary, and the transfer may be granted if compliance with this chapter and this subchapter shall have been demonstrated.</div> <div> (D)     Revocation of permit. Any intensive livestock operation permit may be revoked at any time after 90 days from the time notice is given by the Commission or the County Health Department to the owner and/or operator of any intensive livestock operation, advising the owner and/or operator that the waste treatment and handling facilities and/or any other facility of the operation have not been constructed or have not been maintained and operated as proposed and approved when submitted to the Commission; and the intensive livestock operation must thereupon forthwith cease. Revocation may be withdrawn only after construction and operation is deemed to be in compliance with this chapter.</div> <div> (E)     Right to hearing.  The owner and/or operator of an intensive livestock operation that receives notice of proposed revocation may request a hearing within ten days from the receipt of notice of revocation, and upon request of hearing, a hearing shall be held on the proposed revocation, and the permittee shall be entitled to a hearing before the Commission with the right to be represented by counsel and to be heard.</div> <div> (Ord. 466, § 2-16.5-5, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § <B>152.150  VARIANCE.</B></div> <div> (A)     An exception to this subchapter may be sought by a party requesting to locate a residence or other facility closer to an existing intensive livestock operation than permitted by the aforementioned setbacks and requirements. If or when a variance is granted by the Board of Zoning Appeals, the party obtaining the variance shall be required to attach to the deed or other appropriate document to be placed of record a covenant protecting the livestock enterprise being encroached upon. The covenant shall read as follows or shall contain words of similar meaning as follows:</div> <div> In accepting this deed, grantees do hereby acknowledge that the surrounding land is agricultural in usage; and grantees and their successors in interest are precluded from complaining and/or attempting to enjoin the farm operation because of nuisances which might result from that operation.</div> <div> (B)     If an intensified livestock applicant finds he cannot reasonably meet the established requirements, he may request a variance or special exception from the Board of Zoning Appeals. After hearing, the Board shall determine if the request is in harmony or conflict with the purpose and intent of this chapter and/or is detrimental to the owners of surrounding, adjacent property. In the granting of any special exception or variance, the Board may impose conditions as are deemed necessary in furtherance of the purposes and intent of this chapter.</div> <div> (Ord. 466, § 2-16.5-6, passed 5-11-98)</div> <bR> <div> §<B> 152.151  PERMIT REQUIREMENTS.</B></div> <div> (A)     Site plan and other submissions.  The applicant for an intensive livestock operation shall submit the following to the Commission.</div> <div> (1)     An application in a form prescribed by the Commission in duplicate.</div> <div> (2)     A site plan drawn to scale which will be contained on at least an 8½ x 11-inch or larger paper. It is suggested that the services of an engineer or other professional be utilized in presenting a scale drawing to the Commission which contains the required information by this subchapter in sufficient detail and with sufficient professionalism as to enable the Commission to clearly see and to be informed of the proposed facilities and its compliance with the requirements of this subchapter. While a professional drawing is suggested, it is not a requirement.</div> <div> (B)     Required contents of site plan.</div> <div> (1)     The location of any proposed building and all existing buildings on the tract (as of land involved).</div> <div> (2)     All existing residences within one mile of any proposed building or the site of an intensive livestock operation.</div> <div> (3)     Boundaries of the farm and area involved and the location of all land application areas.</div> <div> (4)     The location of all streams, highways, lakes, recreational facilities, public buildings, towns and cities within one mile of the proposed intensive livestock operation site.</div> <div> (5)     Specifications relative to waste treatment disposal showing the method, equipment and detention time of any holding pit, the number of animal units expected, and the pit design. Design specifications shall be prepared by the United States Soil Conservation Service or by an Indiana registered professional engineer.</div> <div> (6)     A map showing the general topography of the area with contour lines and elevations showing that surface drainage will drain away from the site of the operation or any building site. Topography maps and elevations will be satisfactory if prepared by the United States Soil Conservation Service, or by an Indiana registered surveyor or professional engineer. Official topography maps may be used if site elevations can be accurately determined. An intensive livestock application will be submitted to the Commission on a form signed by the owner(s) of record. At the time of submission of the application, the applicant shall pay to the Commission the filing fee established by rule of the Commission.</div> <div> (7)     All required permits, if any, as may be required by the Indiana Department of Environmental Management or other state or federal agencies whose approval is required as a prerequisite to the granting of the permit herein.</div> <div> (C)     Hearing.  Within 30 days after the date of receipt of the plan application and the applicable filing fee, the Zoning Administrator shall announce the date and time of the public hearing to be held before the Commission. The Zoning Administrator shall determine the date and time of the public hearing to be held before the Commission, and shall give notice of the hearing to those persons and in the manner as provided by the Commission for hearings for special exception and variances held before the Board of Zoning Appeals. Provided however, that in the event that the applicant is required to obtain state approval for his facility, the Commission will not hold a public hearing until after the state approval is first obtained by the applicant.</div> <div> (D)     Determination by Commission.  Following the hearing, the Commission shall either approve or deny the application. On motion of an interested party, the Commission shall provide written findings and reasons for its determination. In the case of a denial of an application, the Commission shall provide written reasons for its denial.</div> <div> (1)     There shall be no requirement of a primary and secondary approval of an application. A ruling on an application may be made conditional upon satisfactory performance of additional requirements or upon approval by any other state agency whose approval is required or for further reasons as the Commission deems necessary to insure compliance with this subchapter.</div> <div> (2)     In lieu of a conditional ruling by the Commission, the Commission may defer its ruling until compliance with all requirements have been met and may or may not require a second hearing to insure compliance with this subchapter.</div> <div> (3)     In the event there are substantial deficiencies in the application and there are substantive requirements to be met, the Commission may, but is not required to hold a second hearing to determine compliance.</div> <div> (E)     Transfer of permit.  A transfer of permit made necessary by change of ownership or operator shall be made by the Commission without notice and hearing, provided that the transfer does not involve the substantial change in the operation of the intensive livestock operation. In the event the Commission determines that there will be a substantial change or increase in the operation (SUBSTANTIAL CHANGE meaning an increase of 10% more animals) then the Commission shall require a formal application to be acted upon with hearing and notice as provided for an initial application.</div> <div> (F)     Expansion.  An intensive livestock operation may not be expanded or changed in any substantial manner without the prior approval of the Commission. A SUBSTANTIAL EXPANSION OR CHANGE shall be defined as any increase or change which will result in the care and keeping of 10% more animals than originally authorized. A minor expansion shall not require hearing and notice but a major or substantial expansion will require public hearing with notice the same as applicable to an original application.</div> <div> (Ord. 466, § 2-16.5-7, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § <B>152.152  ADDITIONAL PROVISIONS.</B></div> <div> (A)     Preparation and presentment of application. Each applicant shall prepare the required application and all supporting documentation in a clear, succinct and professional manner so as to aid the Commission in making its determination.</div> <div> (1)     Each applicant is expected to carry the burden of proof in both the preparation and presentment of the application before the Commission. The Plan Commission Director will not be responsible for the preparation or presentment of any application, as that is the responsibility solely assumed by the applicant. However, the Plan Commission Director may assist any applicant in a preliminary conference, but will not be responsible for providing drawings or documentation.</div> <div> (2)     It is recommended, although not required, that applicants seek the assistance of counsel or other professionals who may assist them in the preparation and presentment of their application.</div> <div> (B)     Issuance of permit or decision by the Commission.</div> <div> (1)     In the event the Commission acts favorably upon all application, a permit for the intensive livestock operation shall be issued to the applicant within ten days after rendition of the final decision by the Commission. The satisfaction of contingent items required for approval shall extend the time for the issuance of the permit, which permit shall be issued ten days after final completion of all contingent and required items necessary for approval.</div> <div> (2)     In the event of denial by the Commission, the Commission shall issue its ruling thereon with reasons issued in writing as to the refusal within ten days from the final decision.</div> <div> (C)     Recording of hearings.  All hearings held before the Commission under this chapter shall be tape-recorded by the Commission. A transcript of the tape-recorded testimony shall be at the expense of the applicant if a transcript is desired. In the event that an appeal is taken from a decision of the Commission, the cost of the transcript shall be borne by the applicant or person initiating the appeal.</div> <div> (D)     Appeal.  Any person aggrieved by a decision of the Commission shall be entitled to an appeal as provided by law for appeals for decisions of the Plan Commission generally and all rules applicable thereto shall govern any appeals taken under this subchapter.</div> <div> (E)     Access to property; inspections. The Executive Director may inspect any building, structure, or property at any reasonable time for the purpose of administering and enforcing the provisions of this section. Inspection of the building(s), structure(s), or property shall be for the purpose of verifying number of livestock, setback distances, location of building(s), structure(s), and waste storage facilities, and location of waste application lands.</div> <div> (F)     Expiration of inactive permit.  In the event a new or existing permit is not utilized for a continuous period of two years, then the intensive livestock permit shall expire. In the case of a new permit, if construction of facilities is not substantially complete and intensive operations begun within the two-year period, the permit shall expire, unless an extension of up to one additional year is requested and granted by the Plan Commission Director.</div> <div> (Ord. 466, § 2-16.5-8, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> <B>SIGN REGULATIONS</B></div> <div> <B>§ 152.165  PURPOSE.</B></div> <div> Signage regulations are intended to promote the public health, safety and welfare by regulating existing and proposed signs. They are also intended to protect property values and reduce potential hazards while creating a positive economic and business environment.</div> <div> (Ord. 466, § 2-17-1, passed 5-11-98)</div> <bR> <div> § <B>152.166  GENERAL SIGN PROVISIONS.</B></div> <div> (A)     All signs, either of a temporary or permanent nature, shall be constructed or maintained in a presentable manner for the life of the sign.</div> <div> (B)     Any nonconforming sign that is or becomes in a rundown or objectionable condition shall be removed from the premises by the owner of the sign. This condition shall exist when the sign is determined to be in excess of 30% destroyed by natural causes. This determination shall be made by the Zoning Administrator.</div> <div> (C)     Any nonconforming advertising sign not attached to a building lawfully existing upon the effective date of this chapter shall be discontinued on or before ten years after the effective date of this chapter unless a discontinuance date has been established by a prior zoning ordinance, in which case the prior date of discontinuance shall apply, unless in the meantime it is determined or made conforming with this section.</div> <div> (D)     Advertising signs may contain not more than one sign per facing, nor more than two sides per device.</div> <div> (E)     All new signs in excess of 20 square feet and not an integral part of another structure shall require a sign permit.</div> <div> (F)     Any sign that is deemed a traffic hazard for reason of obstructing the view of an approaching street or intersection, railroad, school playground or park pedestrian crosswalk or any other situation that may endanger health and welfare of any pedestrian, or occur of any vehicle shall be prohibited.</div> <div> (G)     All signs shall be a minimum distance of 1,320 feet from another sign located on the same side of a two-lane state, federal or county highway. Where located in a commercial zone, there shall be a separation requirement of 600 feet. Where located in an industrial zone, there shall be a separation requirement of 300 feet. If a series of two to six signs, each having an area of no greater than six square feet, are designed to be read in sequence to convey a single message, they shall be considered to be one  sign and may be spaced at least 100 feet apart.</div> <div> (H)     Any sign which advertises a product or service no longer available on the premises of a business which has closed permanently or moved from the premises shall be removed by the owner of the premises.</div> <div> (I)     Semi-trailers, whether operational or inoperative, shall not be used as advertising signs.</div> <div> (Ord. 466, § 2-17-2, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> §<B> 152.167  EXCEPTIONS.</B></div> <div> The following signs shall be excluded from the regulations of this subchapter:</div> <div> (A)     All signs necessary for convenience and safety established by the federal, state, county or city highway departments.</div> <div> (B)     A notice of change of zoning as established by the Commission.</div> <div> (C)     Only those signs of a temporary nature, advertising or giving directions to an official special event. The sponsors of these events shall remove all signs within 48 hours after the signs become no longer applicable.</div> <div> (D)     Public or governmental signs not elsewhere defined.</div> <div> (E)     Window signs.</div> <div> (F)     “No Trespassing”, “No Dumping”, “No Parking”, and “No Hunting” signs.</div> <div> (G)     Political signs.</div> <div> (Ord. 466, § 2-17-3, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § <B>152.168  CHURCHES, SCHOOLS, AND INSTITUTIONS.</B></div> <div> All churches, public or parochial, primary or secondary schools, and all institutions shall be limited to one freestanding advertising sign not to exceed 32 square feet. In the event the church, school or institution faces more than one street, one advertising sign per street may be permitted on the building's site. All signs shall be located not less than 15 feet behind the front or side lot line, except where affixed to the wall of the building and not extending over the sidewalk.</div> <div> (Ord. 466, § 2-17-4, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> §<B> 152.169  F AND A ZONES.</B></div> <div> In F and A zones, the following sign restrictions shall apply:</div> <div> (A)     Advertising signs pertaining to a home occupation or sale of farm product not to exceed 12 square feet and limited to advertising items crafted or grown on the premises and located not more than 500 feet from the actual premises on which the product is being sold.</div> <div> (B)     Freestanding, non-accessory advertising sign, i.e., any sign advertising a business, use, activity, product or merchandise not sold, handled or occurring on the property on which the device is located, shall be subject to the following:</div> <div> (1)     The advertising sign shall be in conformity with the front yard requirements as specified in § 152.168.</div> <div> (2)     The device shall be a minimum of 300 feet from a line projected perpendicular across the highway from a dwelling, church, school, or public institution.</div> <div> (3)     The device shall be a minimum of 400 feet from any dwelling or land platted, divided, or zoned for residential use, school, church, park, or place of public assembly.</div> <div> (Ord. 466, § 2-17-5, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § <B>152.170  R-1 AND R-2 ZONES.</B></div> <div> In R-1 and R-2 zones, the following sign restrictions shall apply:</div> <div> (A)     Name plate or sign.  One per dwelling unit, not exceeding one square foot in area.</div> <div> (B)     Home occupation.  Unlighted, not to exceed two square feet in area. The required front setback shall be not less than 15 feet from the front or side property lines.</div> <div> (C)     Temporary, residential.  One per lot or use, not to exceed 12 square feet in area, pertaining to sale or rental of property on which it is located; or giving names of contractors, engineers and/or architects during a construction period. The required front setback shall be not less than 15 feet from the front and/or side property lines.</div> <div> (D)     Temporary.  One sign, not to exceed 128 square feet in area and no single dimension to exceed 16 feet, advertising the sale of lots within the subdivision and located within the subdivision and located thereon, provided that not more than one sign be located at each major approach to the subdivision. The setback from the front or side lot line shall be equal to one-half the required front building setback as specified for the zone in which it is situated. The sign shall be removed by the developer or his agent upon the completion or the sale of 90% of the lots in the subdivision. Architectural or contractor's signs for industrial, commercial, public or semi-public buildings shall be included in this regulation.</div> <div> (E)     Permanent.  One identification device not exceeding 20 square feet in area for multiple dwellings, provided that the device shall be located not less than 15 feet from the front and/or side property lines, except where it is affixed to the wall of a building and does not extend over the sidewalk.</div> <div> (F)     Advertising signs.  All advertising signs, except as mentioned in this section and § 152.168, and</div> <div> official signs of governmental agencies, are prohibited in R-1 and R-2 zones.</div> <div> (Ord. 466, § 2-17-6, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § <B>152.171  R-3 OR PLANNED RESIDENTIAL ZONE.</B></div> <div> (A)     The restrictions for R-3 or Planned Residential zone shall be the same as the regulations for R-1 and R-2 zones as provided for in § 152.170.</div> <div> (B)     An entrance sign is permitted on each side of the ingress point provided the combined area of the two signs does not exceed 100 square feet.</div> <div> (Ord. 466, § 2-17-7, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § <B>152.172  C AND I ZONES.</B></div> <div> In any C-1, C-2, C-3, I-1 or I-2 zone, an advertising sign may be permitted, provided that when same is located within 75 feet of an R zone or residentially used area boundary line, it shall be affixed to or be a part of a building, not to extend over any street line nor project above the roof line, and shall pertain only to a use conducted within the building. The size shall be limited to three square feet of area to each lineal front foot of the building displaying the sign.</div> <div> (A)     No freestanding sign shall have an advertising area exceeding 320 square feet in area.</div> <div> (B)     No flashing advertising sign shall be located within 500 feet of any residentially zoned or developed area.</div> <div> (C)     Yard restrictions shall be as required in the zone in which the device is located.</div> <div> (Ord. 466, § 2-17-8, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> §<B> 152.173  PLANNED COMMERCIAL ZONE.</B></div> <div> In planned commercial zones, the following sign regulations shall apply.</div> <div> (A)     One entrance sign not to exceed 600 square feet in area on each thoroughfare on which the shopping center has established entrance drives. The sign shall give the name of the center and may be used to give the names of individual stores, but shall not be used to advertise any products or merchandise within the center.</div> <div> (B)     No freestanding advertising sign shall be permitted within the shopping center, except as permitted in division (A), above.</div> <div> (C)     Advertising signs attached to the buildings, not projecting above the roof line, shall be permitted. These signs shall give the name of the store or use and shall not be used to advertise merchandise sold in the property. The size shall be limited to three square feet of area to each lineal front foot of the building displaying such a sign.</div> <div> (D)     Yard restrictions shall be as required in § 152.109.</div> <div> (E)     Small hanging name plates not to exceed four square feet in area shall be permitted within the pedestrian mall or over walkways at a minimum height of 7½ feet above the walkway, attached to the store or use, giving the name of the store or use, and at no time being used for advertising products or merchandise sold on the property. All name plates shall be of uniform design throughout the shopping center.</div> <div> (F)     Any advertising signs attached to or painted on the display windows of the building shall be exempted.</div> <div> (G)     The nature of all advertising signs within the shopping center shall be included in secondary development plan and shall be subject to the approval or disapproval of the Commission.</div> <div> (Ord. 466, § 2-17-9, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> §<B> 152.174  PLANNED INDUSTRIAL ZONE.</B></div> <div> In planned industrial zones, the following sign regulations shall apply.</div> <div> (A)     An entrance sign at each major entrance to the planned industrial park, not to exceed 600 square feet in area, stating the name of the park if applicable, and listing the names of the various industrial uses located within the park.</div> <div> (B)     Temporary signs advertising the sale of lots and directional signs at major intersections within the park which aid in the location of establishments, truck loading docks and visitors' parking facilities. These signs shall not exceed 20 square feet in area and shall be situated so as not to cause a traffic hazard, and they shall be of uniform design throughout the planned industrial area.</div> <div> (C)     Yard restrictions shall be as required in § 152.109.</div> <div> (D)     Flat wall signs attached to the building or use stating the name of the operation shall not be placed so as to exceed ten feet in height above the roof line of the building. Not more than 25% of the area of the sign shall be devoted to product advertising and then only for advertising of products produced on the premises.</div> <div> (E)     Any advertising signs attached to or painted on the display windows of the building shall be exempted.</div> <div> (F)     The nature of all advertising signs within the planned industrial zone shall be included in the secondary development plan and subject to the approval or disapproval of the Commission.</div> <div> (Ord. 466, § 2-17-10, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> <B>FLOOD HAZARD AREAS</B></div> <div> <B>§ 152.185  PURPOSE.</B></div> <div> The purpose of this subchapter is to guide development in the flood hazard areas in order to reduce the potential for loss of life and property, reduce the potential for health and safety hazards, and to reduce the potential for extraordinary public expenditures for flood protection and relief. Under the authority granted to local units of government to control land use within their jurisdiction, which includes taking into account the effects of flooding, the Common Council adopts the following floodplain management regulations in order to accomplish the following:</div> <div> (A)     To prevent unwise developments from increasing flood or drainage hazards to others.</div> <div> (B)     To protect new buildings and major improvements to buildings from flood damage.</div> <div> (C)     To protect human life and health from the hazards of flooding.</div> <div> (D)     To lessen the burden on the taxpayer for flood control projects, repairs to flood-damaged public facilities and utilities, and flood rescue and relief operations.</div> <div> (E)     To maintain property values and a stable tax base by minimizing the potential for creating flood blighted areas.</div> <div> (F)     To make federally subsidized flood insurance available for property in the city by fulfilling the requirements of the National Flood Insurance Program.</div> <div> (Ord. 466, § 3-1-1, passed 5-11-98)</div> <bR> <div> <B>§ 152.186  DEFINITIONS SPECIFIC TO FLOOD HAZARD AREAS.</B></div> <div> For the purpose of this subchapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.</div> <div> BUILDING.  See STRUCTURE as defined in this section.</div> <div> DEVELOPMENT.</div> <div> (1)     Any man-made change to improved or unimproved real estate including but not limited to the following:</div> <div> (a)     Construction, reconstruction, or placement of a building or any addition to a building valued at more than $1,000.</div> <div> (b)     Installing a manufactured home on a site, preparing a site for a manufactured home or installing a travel trailer on a site for more than 180 days.</div> <div> (c)     Installing utilities, erection of walls and fences, construction of roads, or similar projects.</div> <div> (d)     Construction of flood control structures such as levees, dikes, channel improvements, and the like.</div> <div> (e)     Mining, dredging, filling, grading, excavation, or drilling operations.</div> <div> (f)     Construction and/or reconstruction of bridges or culverts.</div> <div> (g)     Storage of materials.</div> <div> (h)     Any other activity that might change the direction, height, or velocity of flood or surface waters.</div> <div> (2)     DEVELOPMENT does not include activities such as the maintenance of existing buildings and facilities such as painting, re-roofing, resurfacing roads, or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent buildings.</div> <div> EXISTING MANUFACTURED HOME PARK OR SUBDIVISION.  A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading, or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.</div> <div> EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION.  The preparation of additional sites by the construction of facilities for servicing the lots on which manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).</div> <div> FHBM.  Flood Hazard Boundary Map.</div> <div> FIRM.  Flood Insurance Rate Map.</div> <div> FLOOD.  A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.</div> <div> FLOOD PROTECTION GRADE or FPG.  The elevation of the regulatory flood plus two feet to any given location in the SFHA.</div> <div> FLOODPLAIN.  The channel proper and the areas adjoining any wetland, lake or watercourse which have been or hereafter may be covered by the regulatory flood. The floodplain includes both the floodway and the floodway fringe districts.</div> <div> FLOODWAY.  The channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream.</div> <div> FLOODWAY FRINGE.  Those portions of the flood hazard areas lying outside the floodway.</div> <div> LOWEST FLOOR.  The lowest of the following:</div> <div> (1)     The basement floor.</div> <div> (2)     The garage floor, if the garage is the lowest level of the building.</div> <div> (3)     The first floor of buildings elevated on pilings or constructed on a crawl space with permanent openings.</div> <div> (4)     The floor level of any enclosure below an elevated building where the walls of the enclosure provide any resistance to the flow of flood waters unless the following apply:</div> <div> (a)     The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, through providing a minimum of two openings (in addition to doorways and windows) having a total area of one square foot for every two square feet of enclosed floor area subject to flooding. The bottom of these openings shall be no higher than one foot above the enclosed area's floor.</div> <div> (b)     The enclosed space shall be usable for nonresidential purposes and building access.</div> <div> MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term MANUFACTURED HOME does not include a recreational vehicle.</div> <div> NEW MANUFACTURED HOME PARK OR SUBDIVISION.  A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.</div> <div> RECREATION VEHICLE.  A vehicle which is built on a single chassis; has 400 square feet or less when measured at the largest horizontal projections,  is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational camping, travel, or seasonal use.</div> <div> REGULATORY FLOOD.  The flood having a 1% probability of being equaled or exceeded in any given year, as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Resources Commission. The regulatory flood elevation at any location is as defined in § 152.188. The REGULATORY FLOOD is also known by the term “base flood.”</div> <div> SFHA or SPECIAL FLOOD HAZARD AREA.  Those lands within the jurisdiction of the city that are subject to inundation by the regulatory flood. The SFHAs of those parts of the city are generally identified as such on the Flood Insurance Rate Map prepared by the Federal Emergency Management Agency.</div> <div> STRUCTURE.  A structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, or a prefabricated building. The term also includes recreational vehicles and travel trailers to be installed on a site for more than 180 days.</div> <div> SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of state or local health, sanitary, or safety code requirements or any alteration of a “historic structure,” provided that the alteration will not preclude the structures continued designation as a “historic structure.”</div> <div> (Ord. 466, § 3-2-1, passed 5-11-98)</div> <bR> <div> § <B>152.187  DUTIES OF ADMINISTRATOR.</B></div> <div> The Zoning Administrator for the Plan Commission is appointed to review all development and subdivision proposals to insure compliance with this subchapter, including but not limited to the following duties:</div> <div> (A)     Ensure that all development activities within the SFHAs jurisdiction of Plan Commission meet the requirements of this subchapter.</div> <div> (B)     Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques.</div> <div> (C)     Ensure that construction authorization has been granted by the Indiana Natural Resources Commission for all development projects subject to § 152.190, and maintain a record of the authorization (either copy of actual permit or letter of recommendation).</div> <div> (D)     Maintain a record of the as-built elevation of the lowest floor (including basement) of all new and/or substantially improved buildings constructed in the SFHA.</div> <div> (E)     Maintain a record of the engineer's certificate and the as-built floodproofed elevation of all buildings subject to § 152.191.</div> <div> (F)     Cooperate with state and federal floodplain management agencies to improve base flood and floodway data and to improve the administration of this subchapter. Submit reports as required for the National Flood Insurance Program.</div> <div> (G)     Maintain for public inspection and furnish upon request regulatory flood data SFHA maps, copies of DNR permits and letters of recommendation, federal permit documents, and as-built elevation and floodproofing data for all buildings constructed subject to this subchapter.</div> <div> (Ord. 466, § 3-3-1, passed 5-11-98)</div> <bR> <div> §<B> 152.188  REGULATORY FLOOD ELEVATION.</B></div> <div> This subchapter's protection standard is the regulatory flood. The best available regulatory flood data is listed below. Whenever a party disagrees with the best available data, the party submitting the detailed engineering study should replace existing data with better data and submit it to the Department of Natural Resources for review and approval.</div> <div> (A)     The regulatory flood elevation for the SFHAs of the Wabash River and all streams and tributaries flowing into the river shall be delineated on the 100-year flood profiles in the Flood Insurance Study of the city prepared by the Federal Emergency Management Agency as from time to time amended.</div> <div> (B)     The regulatory flood elevation for each SFHA delineated as an AH zone or AO zone shall be that elevation (or depth) delineated on the Flood Insurance Rate Map.</div> <div> (C)     The regulatory flood elevation for each of the remaining SFHAs delineated as an A zone on the Flood Insurance Rate Map shall be according to the best data available as provided by the Department of Natural Resources.</div> <div> (D)     The regulatory flood elevation for the SFHAs of those parts of the unincorporated areas within the extraterritorial jurisdiction of the city or that may be annexed into the city shall be as delineated on the 100-year flood profiles in the Flood Insurance Study prepared by the Federal Emergency Management Agency as from time to time amended.</div> <div> (E)     If the SFHA is delineated as AH zone or AO zone, the elevation (or depth) will be delineated as zone A on the city Flood Insurance Rate Map. If the SFHA is delineated as zone A on the Flood Insurance Rate Map, the regulatory flood elevation shall be according to the best data available as provided by the Department of Natural Resources.</div> <div> (Ord. 466, § 3-4-1, passed 5-11-98)</div> <bR> <div> § <B>152.189  IMPROVEMENT LOCATION PERMIT.</B></div> <div> No person, firm, corporation, or governmental body not exempted by state law shall commence any development in the SFHA without first obtaining an improvement location permit from the Plan Commission. The Commission shall not issue an improvement location permit if the proposed development does not meet the requirements of this subchapter.</div> <div> (A)     The application for an improvement location permit shall be accompanied by the following:</div> <div> (1)     A description of the proposed development.</div> <div> (2)     Location of the proposed development,  sufficient to accurately locate property and structure in relation to existing roads and streams.</div> <div> (3)     A legal description of the property site.</div> <div> (4)     A site development plan showing existing and proposed structure locations and existing and proposed land grades.</div> <div> (5)     Elevation of lowest floor(including basement) of all proposed structures. Elevation should be in National Geodetic Vertical Datum of 1929 (NGVD).</div> <div> (B)     Upon receipt of an application for an improvement location permit, the Building Official shall determine if the site is located within an identified floodway or within the floodplain where the limits of the floodway have not yet been determined.</div> <div> (1)     (a)     If the site is in an identified floodway, the Building Official shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Department of Natural Resources and apply for a permit for construction in a floodway.</div> <div> (b)     Under the provisions of I.C. 14-28-1 through 14-28-6, a permit from the Natural Resources Commission is required prior to the issuance of a local building permit for any excavation, deposit, construction or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing, paving, and the like, undertaken before the actual start of construction of the building.</div> <div> (c)     No action shall be taken by the Building Official until a permit has been issued by the Natural Resources Commission granting approval for construction in the floodway. Once a permit has been issued by the Natural Resources Commission, the Building Official may issue the local improvement location permit, provided the provisions contained in §§ 152.190 and 152.191 have been met. The improvement location permit cannot be less restrictive than the permit issued by the Natural Resources Commission.</div> <div> (2)     If the site is located in an identified floodway fringe, then the Building Official may issue the local improvement location permit, provided the provisions contained in §§ 152.190 and 152.191 have been met. The key provision is that the lowest floor of any new or substantially improved structure shall be at or above the Flood Protection Grade.</div> <div> (3)     (a)     If the site is in an identified floodplain where the limits of the floodway and floodway fringe have not yet been determined (shown as zone A on the flood Insurance Rate Map), and the drainage area upstream of the site is greater than one square mile, the Building Official shall require the applicant to forward the application, along with all pertinent plans and specifications to the Department of Natural Resources for review and comment.</div> <div> (b)     No action shall be taken by the Building Official until either a permit for construction in the floodway or a letter of recommendation citing the 100-year flood elevation and the recommended Flood Protection Grade has been received from the Department of Natural Resources.</div> <div> (c)     Once the Building Official has received the proper permit or letter of recommendation approving the proposed development, an improvement location permit may be issued, provided the conditions of the improvement location permit are not less restrictive than the conditions received from Natural Resources and the provisions contained in §§ 152.190 and 152.191 have been met.</div> <div> (Ord. 466, § 3-5-1, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> §<B> 152.190  PREVENTING INCREASED DAMAGES.</B></div> <div> No development in the SFHA shall create a damaging or potentially damaging increase in flood heights or velocity or threat to public health and safety.</div> <div> (A)     Floodway.  Within the floodway identified on the flood boundary and floodway map or the Flood Insurance Rate Map, the following standards shall apply:</div> <div> (1)     No development shall be allowed which, acting alone or in combination with existing or future similar works, will cause any increase in the elevation of the regulatory flood.</div> <div> (2)     For all projects involving channel modifications or fill (including levees) the city shall submit a request to the Federal Emergency Management Agency to revise the regulatory flood data.</div> <div> (B)     A zones.  Within all SFHAs identified as A zones (no 100-year flood elevation and/or floodway/ floodway fringe delineation has been provided) the total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the regulatory flood elevation more than one-tenth of one foot, and will not increase flood damages or potential flood damages.</div> <div> (C)     Public health standards in all SFHAs.</div> <div> (1)     No development in the SFHA shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic material below the Flood Protection Grade, unless the materials are stored in a storage tank or floodproofed building constructed according to the requirements of § 152.191.</div> <div> (2)     New and replacement sanitary sewer lines and on-site waste disposal systems may be permitted, provided all manholes or other above ground openings located below the FPG are watertight.</div> <div> (Ord. 466, § 3-6-1, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> §<B> 152.191  PROTECTING BUILDINGS.</B></div> <div> In addition to the damage prevention requirements of § 152.190, all buildings to be located in the SFHA shall be protected from flood damage below the FPG.</div> <div> (A)     This building protection requirement applies to the following situations:</div> <div> (1)     Construction or placement of any new building valued at more than $1,000.</div> <div> (2)     Structural alterations made to an existing building that increase the market value of the building by more than 50% (excluding the value of the land) or any structural alteration made previously (one time only alteration).</div> <div> (3)     Reconstruction or repairs made to a damaged building that are valued at or more than 50% of the market value of the building (excluding the value of the land) before damage occurred.</div> <div> (4)     Installing a manufactured home on a new site or a new manufactured home on an existing site. This subchapter does not apply to returning the existing manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage.</div> <div> (5)     Installing a travel trailer on a site for more time 180 days.</div> <div> (B)     This building protection requirement may be met by one of the following methods. The Building Official shall maintain a record of compliance with these building protection standards as required in § 152.187:</div> <div> (1)     A residential or nonresidential building may be constructed on a permanent land fill in accordance with the following:</div> <div> (a)     The fill shall be placed in layers no greater than one foot deep before compacting to 95% of the maximum density obtainable with the Standard Proctor Test method.</div> <div> (b)     The fill should extend at least ten feet beyond the foundation of the building before sloping below the FPG.</div> <div> (c)     The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or bulkheading. If vegetative cover is used, the slopes shall be steeper than three horizontal to one  vertical.</div> <div> (d)     The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties.</div> <div> (e)     The lowest floor shall be at or above the FPG.</div> <div> (2)     A residential or nonresidential building may be elevated in accordance with the following:</div> <div> (a)     The building or improvements shall be elevated on posts, piers, columns, extended walls, or other types of similar foundation with the following provisions:</div> <div> 1.     Walls of any enclosure below the elevated floor shall be designed to automatically equalize hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, through providing a minimum of two openings (in addition to doorways and windows) having a total area of one square foot for every two square feet of enclosed floor area subject to flooding. The bottom of these openings shall be no higher than one foot above the enclosed area's floor.</div> <div> 2.     Any enclosure below the elevated floor is used for nonresidential purposes and building access.</div> <div> (b)     The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as current, waves, ice, and floating debris.</div> <div> (c)     All areas below the FPG shall be constructed of materials resistant to flood damage. The lowest floor (including basement) and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the FPG. Water and sewer pipes, electrical lines, telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPG.</div> <div> (3)     Manufactured homes and travel trailers (also called recreational vehicles) to be installed or substantially improved on a site for more than 180 days must meet one of the following anchoring requirements:</div> <div> (a)     The manufactured home shall be elevated on a permanent foundation such that the lowest floor shall be at or above the FPG and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. This requirement applies to all manufactured home to be placed on a site as follows:</div> <div> 1.     Outside a manufactured home park or subdivision.</div> <div> 2.     In a new manufactured home park or subdivision.</div> <div> 3.     In an expansion to an existing manufactured home park subdivision.</div> <div> 4.     In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of a flood.</div> <div> (b)     The manufactured home shall be elevated so that the lowest floor of the manufactured home chassis is supported by reinforced piers or other foundation elements that are no less than 36 inches in height above grade, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. This requirement applies to all manufactured homes to be placed on a site in an existing manufactured home park or subdivision that has not been substantially damaged by a flood.</div> <div> (4)     Recreation vehicles placed on a site shall meet the following provisions:</div> <div> (a)     Be on the site for less than 180 consecutive days.</div> <div> (b)     Be fully licensed and ready for highway use (defined as being on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions.</div> <div> (c)     Meet the requirements for manufactured homes in division (B)(3) of this section.</div> <div> (5)     A nonresidential building may be floodproofed to the FPG (in lieu of elevating) if done in accordance with the following:</div> <div> (a)     A Registered Professional Engineer shall certify that the building has been designed so that below the FPG, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The building design shall take into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice.</div> <div> (b)     Floodproofing measures shall be operable without human intervention and without an outside source of electricity.</div> <div> (Ord. 466, § 3-7-1, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § <B>152.192  ADDITIONAL DEVELOPMENT REQUIREMENTS.</B></div> <div> (A)     The Plan Commission shall review all proposed subdivisions to determine whether the subdivision lies in a flood hazard area. If the Plan Commission finds the subdivision to be so located, the Commission shall forward plans and materials to the Indiana Department of Natural Resources for review and comment. The Commission shall require appropriate changes and modifications in order to assure the following:</div> <div> (1)     It is consistent with the need to minimize flood damages.</div> <div> (2)     All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage.</div> <div> (3)     Adequate drainage is provided so as to reduce exposure to flood hazards.</div> <div> (4)     On-site waste disposal systems, if provided, will be so located and designed to avoid impairment of them or contamination from them during the occurrence of the regulatory flood.</div> <div> (B)     Developers shall record the 100-year flood elevation on all subdivision plats containing lands identified elsewhere by this subchapter as within a flood hazard area prior to submitting the plats for approval by the Plan Commission.</div> <div> (C)     All owners of manufactured home parks or subdivisions located within the SFHA as zone A on the community's FHMB or FIRM develop an evacuation plan for those located in zone A and file it with the local Plan Commission, and have it approved by the appropriate community emergency management authorities.</div> <div> (Ord. 466, § 3-8-1, passed 5-11-98)</div> <bR> <div> § <B>152.193  VARIANCES.</B></div> <div> (A)     The Board of Zoning Appeals may consider issuing a variance to the terms and provisions of this subchapter provided the applicant demonstrates the following:</div> <div> (1)     There exists a good and sufficient cause for the requested variance.</div> <div> (2)     The strict application of the terms of this subchapter will constitute an exceptional hardship to the applicant.</div> <div> (3)     The granting of the requested variance will not increase flood heights, create additional threats to public safety, cause additional public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances.</div> <div> (B)     The Board of Zoning Appeals may issue a variance to the terms and provisions of this subchapter subject to the following standards and conditions:</div> <div> (1)     No variance or exception for residential use within a floodway subject to § 152.190(A) or (B) may be granted.</div> <div> (2)     Any variance or exception granted in a floodway subject to § 152.190(A) or (B) will require a permit from Natural Resources.</div> <div> (3)     Variances or exceptions to the Building Protection Standards of § 152.191 may be granted only when a new structure is to be located on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade.</div> <div> (4)     Variance or exception may be granted for the reconstruction or restoration of any structure individually listed on the Register of Historic Places or the Indiana State Survey of Historic Architectural, Archaeological and Cultural Sites, Structures, Districts, and Objects.</div> <div> (5)     All variances shall give the minimum relief necessary and be such that the maximum practical flood protection will be given to the proposed construction.</div> <div> (6)     The Board of Zoning Appeals shall issue a written notice to the recipient of a variance or exception that the proposed construction will be subject to increased risks to life and property and could require payment of excessive flood insurance premiums.</div> <div> (Ord. 466, § 3-9-1, passed 5-11-98)</div> <bR> <div> §<B> 152.194  DISCLAIMER OF LIABILITY.</B></div> <div> The degree of flood protection required by this subchapter is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods can and will occur on rare occasions. Therefore, this subchapter does not create any liability on the part of the community, Natural Resources, or the State of Indiana for any flood damage that results from reliance on this subchapter or any administrative decision made lawfully thereunder.</div> <div> (Ord. 466, § 3-10-1, passed 5-11-98)</div> <bR> <div> § <B>152.195  VIOLATIONS.</B></div> <div> (A)     Violations under this section shall be governed by the provisions of § 152.191. Failure to obtain an improvement location permit in the SFHA or failure to comply with the requirements of a permit or conditions of a variance shall be deemed to be a violation of this subchapter. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of this chapter.</div> <div> (B)     A separate offense shall be deemed to occur for each day the violation continues to exist.</div> <div> (C)     The Planning Commission shall inform the owner that any violation is considered a willful act to increase flood damages and therefore may cause coverage by a Standard Flood Insurance Policy to be suspended.</div> <div> (D)     Nothing herein shall prevent the city from taking other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.</div> <div> (Ord. 466, § 3-11-1, passed 5-11-98)</div> <bR> <div> § <B>152.196  ABROGATION AND GREATER RESTRICTIONS.</B></div> <div> This subchapter repeals and replaces other ordinances adopted by the city to fulfill the requirements of the National Flood Insurance Program. However, this subchapter does not repeal the original resolution or ordinance adopted to achieve eligibility in the program. Nor does this subchapter repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this subchapter and other ordinance easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more restrictive restrictions shall take precedence. In addition, the Common Council shall assure that all National Flood Insurance regulations (contained in 44 CFR 60.3) and State Floodplain Management regulations and laws (310 I.A.C. 6-1-1, I.C. 14-28-1 through 14-28-6) are met.</div> <div> (Ord. 466, § 3-12-1, passed 5-11-98)</div> <bR> <div> <B>ADMINISTRATION AND ENFORCEMENT</B></div> <div> <B>§ 152.210  PLAN COMMISSION.</B></div> <div> (A)     Zoning Administrator. The Plan Commission shall appoint the Zoning Administrator, who shall have the duty to enforce the provisions of this chapter in the manner and form and with the powers provided in the laws of the state and in the ordinances of the city.</div> <div> (Ord. 466, § 4-13-1, passed 5-11-98)</div> <div> (B)     Membership of Commission.</div> <div> (1)     All members of the Plan Commission shall be residents of the jurisdiction of the city as defined in § 152.005. The Commission shall be made up of nine members as follows:</div> <div> (a)     Three members appointed by the Common Council, who must be elected or appointed municipal officials or employees in the municipal government, pursuant to I.C. 36-7-4-207(b)1.</div> <div> (b)     Four members appointed by the mayor, as citizen members, of whom no more than two may be of the same political party, pursuant to I.C. 36-7-4-207(b)2.</div> <div> (c)     Two members appointed by the County Executive, as citizen members, who must reside in the unincorporated area under the jurisdiction of the Plan Commission and not be of the same political party, pursuant to I.C. 37-7-4-214 (a).</div> <div> (2)     The term of office of the Commission shall be governed by I.C. 36-7-4-217, as it may be amended from time to time, for those members appointed from the municipal government and by I.C. 36-7-4-218 for citizen appointed members.</div> <div> (Ord. 466, § 4-13-2, passed 5-11-98)</div> <div> (C)     Organization of Commission. The organization and procedures of the Commission, for the purposes of this chapter, shall be governed by the 300 series; Commission Organization of I.C. 36-7-4, as the same may be amended from time to time, and by any rule or regulation duly adopted by the Commission.</div> <div> (Ord. 466, § 4-13-3, passed 5-11-98)</div> <div> (D)     Powers and duties of Commission.  The duties of the Commission are governed by the provisions of the Advisory Plan Commission in I.C. 36-7-4-401, as the same may be amended from time to time. In addition, the Commission shall have the following duties:</div> <div> (1)     Hear and determine all development plans which are required to be submitted under this chapter.</div> <div> (2)     Be authorized and empowered to do and perform any act which is required or allowed under state law.</div> <div> (3)     Be authorized and empowered to adopt, without public notice or hearing, any rules or regulations allowed or required under I.C. 36-7-4, as the same may be amended from time to time, or such other rules or regulations as the Commission may deem necessary or advisable for the effective administration of its duties under state law.</div> <div> (4)     Be authorized and empowered to appoint an Executive Director and/or a Zoning Administrator, as well as a secretary and any other employees as are necessary for the discharge of the duties of the Commission; and to prescribe any duties or responsibilities for those positions, subject to the requirements and limitations prescribed under this chapter and under state law. The positions of Executive Director and Zoning Administrator may be held by the same person.</div> <div> (Ord. 466, § 4-13-4, passed 5-11-98)</div> <bR> <div> § <B>152.211  ZONING ADMINISTRATOR.</B></div> <div> The powers and duties of the Zoning Administrator shall be as follows:</div> <div> (A)     He shall be empowered to enforce and, if necessary, prosecute any actions for violations of this chapter, in the manner and form and with the powers provided under this chapter.</div> <div> (B)     He shall be authorized and empowered to issue to qualified applicants any permits permitted or required under the provisions of this chapter.</div> <div> (C)     He shall be authorized and empowered to do and perform any acts as may be required or prescribed under the provisions of this chapter or by the Commission under rules or regulations duly adopted, or otherwise.</div> <div> (Ord. 466, § 4-13-5, passed 5-11-98)</div> <bR> <div> §<B> 152.212  BOARD OF ZONING APPEALS.</B></div> <div> (A)     Membership.</div> <div> (1)     All members of the Board of Zoning Appeals shall be residents of the jurisdiction of the city as defined in § 152.005. The Board shall be made up of six members as follows:</div> <div> (a)     Three citizen members appointed by the mayor, of whom one must be a member of the Plan Commission and two must not be members of the Plan Commission.</div> <div> (b)     One citizen member appointed by the Common Council, who must not be a member of the Plan Commission.</div> <div> (c)     One citizen member appointed by the Plan Commission from its membership, other than the member appointed under subdivision (1)(a) above.</div> <div> (d)     One citizen member appointed by the Plan Commission, who shall be one of the two citizen members who were appointed to the Plan Commission to represent the unincorporated area, and who shall reside in the unincorporated area under the jurisdiction of the Plan Commission, pursuant to I.C. 36-7-4-903.</div> <div> (2)     The term of office of the Board shall be governed by I.C. 36-7-4-906, as it may be amended from time to time.</div> <div> (Ord. 466, § 4-13-6, passed 5-11-98)</div> <div> (B)     Organization of Board.  The organization and procedures of the Board, for the purposes of this chapter, shall be governed by the 900 series; Board of Zoning Appeals of I.C. 36-7-4, as it may be amended from time to time, and by any rule or regulation duly adopted by the Board.  (Ord. 466, § 4-13-7, passed 5-11-98)</div> <div> (C)     Powers and duties of Board.</div> <div> (1)     The duties of the Board are governed by I.C. 36-7-4, sections 918.1 through 918.7 as amended from time to time, including the following:</div> <div> (a)     Hear and determine appeals from and review any order, requirement, decision or determination made by the Zoning Administrator.</div> <div> (b)     Hear and determine appeals from and review any order, requirement, decision or determination made by an administrative official, hearing officer, staff member or administrative board designated by ordinance (other than the Plan Commission) made in relation to the enforcement of the zoning ordinance, subdivision control ordinance and the enforcement of the building and occupancy permits as adopted under I.C. 36-7 and all sections therein applicable.</div> <div> (c)     In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify any order, requirement, decision or determination in appealed from as in its opinion ought to be done in the premises and to that end shall have all the powers from whom the appeal is taken.</div> <div> (d)     Hear, approve, deny, permit and authorize contingency uses, special uses and approve or deny variances of use from the terms of this chapter.</div> <div> (2)     In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from as in its opinion ought to be done in the premises, and to that end shall have all powers of the officer or Board from whom the appeal is taken. It may impose conditions regarding the location, character, and other features of the proposed building, structure or use with which the appeal before it is concerned as it may deem advisable in the furtherance of the purposes of this chapter, and the protection of the public convenience and welfare.</div> <div> (Ord. 466, § 4-13-8, passed 5-11-98)</div> <bR> <div> § <B>152.213  PERMITS, CERTIFICATES AND PROCEDURES.</B></div> <div> (A)     Improvement location permit.</div> <div> (1)     No building or structure shall be erected, reconstructed, enlarged or moved until an improvement location permit shall have been applied for in writing and issued by the Zoning Administrator. When a mobile home is used as an agricultural dwelling, a permit shall be required. The permit shall be posted in a prominent place on the premises prior to and during the period of erection, reconstruction, enlargement or moving. The permit shall be valid for six months after the date of issuance. The Zoning Administrator shall have the power to renew the improvement location permit.</div> <div> (2)     The Zoning Administrator shall issue an improvement location permit, upon written application, when the proposed structure, improvement or use and its location conform in all respects to the City Master Plan.</div> <div> (3)     Every application for an improvement location permit shall be accompanied by the following:</div> <div> (a)     A site plan drawn to scale showing the ground area of the building or structure, the building lines in relation to lot lines, the number of stories or the height of building or structure, the use to be made of the building, or structure, or land, and all other information required by the Zoning Administrator for the proper enforcement of this chapter.</div> <div> (b)     The site plan shall be attached to the application for an improvement location permit when it is submitted to the Zoning Administrator and shall be retained by the Plan Commission as a public record.</div> <div> (4)     Any decision of the Zoning Administrator concerning the issuance of an improvement location permit may be appealed to the Board of Zoning Appeals by any person claiming to be adversely affected by that decision.</div> <div> (5)     The issuance of an improvement location permit cannot substitute for or supersede the requirement of any ordinance adopted by the Common Council which requires the issuance of a Building Permit before the construction of any building or structure. The issuance of any improvement location permit does not waive any requirement of any pertinent city, state or federal ordinance, rule, regulation or law.</div> <div> (6)     No improvement location permit for erection of any building shall be issued before the application has been made for a certificate of occupancy.</div> <div> (Ord. 466, § 4-13-9, passed 5-11-98)</div> <div> (B)     Certificate of occupancy.</div> <div> (1)     No occupancy, use or change of use, except buildings incidental to agricultural operations shall take place until a certificate of occupancy shall have been applied for, in writing, and issued by the Zoning Administrator in the following cases:</div> <div> (a)     Occupancy and use of a building or structure hereafter erected or enlarged.</div> <div> (b)     Change in use of an existing building or structure.</div> <div> (c)     Occupancy and use of vacant land, except for agricultural operations.</div> <div> (d)     Change in the use of land to a use of a different classification, except for agricultural operations.</div> <div> (e)     Any change in the use of a nonconforming use.</div> <div> (2)     Written application for a certificate of occupancy for a new building or for an existing building which will be enlarged shall be made at the same time as the application for an improvement location permit.</div> <div> (3)     Written application for a certificate of occupancy shall be applied for within ten days of a contemplated change in use of a building of land. If the proposed use is in conformity with the provisions of this chapter, the certificate of occupancy therefor shall be issued within four days after the application for the same was made.</div> <div> (4)     A record of all certificates of occupancy shall be kept on file in the office of the Commission and a copy shall be forwarded, on request, to any person having proprietary or temporary interest in the building or land affected.</div> <div> (5)     Pending the issuance of a certificate, a temporary certificate of occupancy may be issued by the Zoning Administrator for a period of not more than six months during the completion of the construction of the building or of alterations which are required under the terms of any law or ordinance. A temporary certificate may be renewed, but it shall not be construed in any way to alter the respective rights, duties or obligations of the owner or of the city relating to the use of occupancy of the land or building, or any other matter covered by this chapter,</div> <div> and a temporary certificate shall not be issued except under restrictions and provisions as will adequately insure the safety of the occupants.</div> <div> (Ord. 466, § 4-13-10, passed 5-11-98)</div> <div> (C)     Sign permit.  Prior to the construction, placement, alteration or relocation of any sign covered by this chapter, the individual responsible for the sign must first obtain a permit from the Zoning Administrator and make payment of the appropriate fee.  (Ord. 466, § 4-13-11, passed 5-11-98)</div> <div> (D)     Contingent and special use permit reviews.</div> <div> (1)     A public hearing shall be required before the Board may permit either a contingent use or</div> <div> a special use.</div> <div> (2)     Permitted contingent uses and consideration factors are identified in § 152.029.</div> <div> (3)     Permitted special uses and consideration factors are identified in § 152.030.</div> <div> (Ord. 466, § 4-13-12, passed 5-11-98)  Penalty, see § 152.999</div> <bR> <div> § <B>152.214  FEES.</B></div> <div> Applications filed pursuant to the provisions of this chapter requiring Plan Commission or Board of Zoning Appeals approval shall be accompanied by the filing fees specified by the fee schedule adopted by Commission resolution. The fee schedule shall not be a part of this chapter and may be revised from time to time by  Commission resolution. Fees may be applied, but not limited to, the following applications:</div> <div> (A)     Variance application.</div> <div> (B)     Special use permit application.</div> <div> (C)     Contingent use permit application.</div> <div> (D)     Sign permit application.</div> <div> (E)     Improvement location permit application.</div> <div> (F)     Certificate of occupancy application.</div> <div> (G)     Development plan application.</div> <div> (H)     Amendment to approved development plan if public hearing is necessary.</div> <div> (I)     Application to amend this chapter.</div> <div> (J)     Application to appeal all order, requirement, decision or determination made by the Zoning Administrator.</div> <div> (Ord. 466, § 4-13-13, passed 5-11-98)</div> <bR> <div> §<B> 152.215  ENFORCEMENT.</B></div> <div> (A)     It shall be the duty of the Zoning Administrator to enforce the provisions of this chapter</div> <div> in the manner and form and with the powers provided by this chapter.</div> <div> (B)     All departments, officials and employees of the city which are vested with the duty of authority to issue permits or licenses shall conform to the provisions of this chapter and shall issue no permit or license for any use, building or purpose if the same would be in conflict with the provisions of this chapter. Any permit or license issued in conflict with the provisions of this chapter shall be null and void.</div> <div> (C)     The Zoning Administrator or the Board, or with respect to the development plan, the Zoning Administrator or the Commission, shall also have the discretionary power to issue all order for proceedings and work on any structure, premises, land or lot which is in violation of this chapter, to be immediately stayed, and to call upon the police power of the city to give effect to the order. A decision by the Zoning Administrator to issue such an order may be appealed to the Board, or with respect to a development plan, to the Commission; however, the decision of the Zoning Administrator to issue a stay order shall remain in effect during the pendency of the appeal, and thereafter unless modified or revoked by the Board, or if applicable, the Commission. A violation of such an order issued by the Zoning Administrator, the Board or the Commission shall be considered a violation of this chapter.</div> <div> (Ord. 466, § 4-13-14, passed 5-11-98)</div> <bR> <div> § <B>152.999  PENALTY.</B></div> <div> (A)     Any person, whether as principal, agent, owner, lessee, tenant, contractor, builder, architect, engineer or otherwise, who violates any provisions of this chapter shall be guilty of a zoning ordinance violation and shall, upon conviction, be punished by a fine of not less than $100 nor more than $500 for each offense. Each day of the existence of any violation of this chapter shall be a separate offense. In addition, the court may award a reasonable attorney fee in favor of the city against any person violating any provision of this chapter, which shall be deemed an additional penalty hereunder.</div> <div> (B)     The erection, construction, enlargement, conversion, moving or maintenance of any building or structure; and the use of any land or structure which is continued, operated or maintained contrary to any provision of this chapter is hereby declared to be a nuisance and a violation of this chapter, in addition to the penalties provided for herein. The Zoning Administrator may institute a suit for injunction in the Circuit or Superior Court of Adams County, to restrain any person or governmental unit from violating any provision of this chapter and to cause any violation to be prevented, abated or removed. This action may be instituted by any property owner who may be especially damaged by the violation of any provision of this chapter, except that the attorney fees provision herein shall not apply to a suit instituted by a private person.</div> <div> (C)     In addition to the penalties provided for herein, the city shall be entitled to recover its costs and expenses in enforcing this chapter, including reasonable attorney fees which may be awarded by the court against any person violating any of the provisions of this chapter. The assessment of costs and attorney fees shall be in addition to the fines and penalties provided for herein, except that the expenses of enforcement and attorney fees shall not apply to any action instituted by any private citizen instituting an action for enforcement of this chapter.</div> <div> (D)     The remedies provided for in this section shall be cumulative and not exclusive, and  shall be in addition to any other remedies provided by law.</div> <div> (Ord. 466, § 4-13-15, passed 5-11-98)</div> <bR> <div> <B>APPENDIX A: LOT AREA REGULATIONS IN RESIDENTIAL PERMITTED ZONE.</B></div> <div> Except as otherwise specifically provided in this subchapter, no residential building or structure shall be erected, altered, enlarged or reconstructed to exceed the lot area limits established for the zone where the residential building is located, as follows:</div> <div> (A)     Buildings served by individual wells and septic tanks.</div> <bR> <div> Zone     Min. Width of Front Building Line     Min. Net Lot Area (square feet)     Required Yard Area for Each Dwelling</div> <div> Number of Units     Yard in Square Feet</div> <div> A     120 feet     65,340 (1.5A)</div> <div> 87,120 (2.0A)     1</div> <div> 2+     60,000</div> <div> 75,000</div> <div> R-1     120 feet     65,340 (1.5A)     1     60,000</div> <div> R-2     120 feet     65,340 (1.5A)</div> <div> 87,120 (2.0A)</div> <div> 108,900 (2.5A)     1</div> <div> 2</div> <div> 3+     60,000</div> <div> 75,000</div> <div> 90,000</div> <div> R-3     120 feet      65,340     1     N/A</div> <bR> <div> Note:For each additional unit above three, add 20 feet to the minimum width and 10,000 square feet minimum net lot area.</div> <div> (B)     Buildings served by public or other approved community sewer system.</div> <bR> <div> Zone     Min. Width of Front Building Line     Min. Net Lot Area (square feet)     Required Yard Area for Each Dwelling</div> <div> Number of Units     Yard in Square Feet</div> <div> A     100 feet     21,780 (0.5A)</div> <div> 43,560 (1A)     1</div> <div> 2+     16,000</div> <div> 35,000</div> <div> R-1     100 feet     21,780 (0.5A)     1     16,000</div> <div> R-2     120 feet     21,780</div> <div> 32,670     1</div> <div> 2     16,000</div> <div> 26,000</div> <div> R-3     60 feet      6,000     1     N/A</div> <bR> <div> Note:For each additional unit above three, add 10 feet to the minimum width of front building line and 10,000 minimum net lot area.</div> <div> (C)     Buildings served by public or other approved community sewer and water system.</div> <bR> <div> Zone     Min. Width of Front Building Line     Min. Net Lot Area (square feet)     Required Yard Area for Each Dwelling</div> <div> Number of Units     Yard in Square Feet</div> <div> A     80 feet     10,560     1     8,200</div> <div> R-1     80 feet     10,560     1     8,200</div> <div> R-2     110 feet     14,520</div> <div> 32,670</div> <div> 43,560     1</div> <div> 2</div> <div> 3+     9,600</div> <div> 26,000</div> <div> 32,000</div> <div> (Ord. 466, § 2-11-4, passed 5-11-98)</div> <bR> <div> <B>APPENDIX B:  SIDE YARD LIMITS</B></div> <div> There shall be two side yards for each lot. The minimum width for each yard, along with the aggregate width for both yards, shall be as follows.</div> <bR> <div> Zone      Condition     Min. Width of Side Yard     Aggregate Width of Both Yards</div> <div> A     N/A      10 feet     20 feet</div> <div> R-1     N/A     10% of lot width     25% of lot width</div> <div> R-2     N/A     10 feet     20% of lot width</div> <div> R-3     N/A     15 feet     30 feet</div> <div> C-1, C-2 C-3, I-1, I-2     N/A     0 feet, but if a yard is provided, the limit is 4 feet. However, if residential dwelling is constructed, side yard shall be the same as R-1      0 feet, but if a yard is provided, the limit is 8 feet. However, if residential dwelling is constructed, side yard shall be the same as R-1</div> <div> First floor of C or I zone building is used for recreational purposes     6 feet     20% of lot width</div> <div> C or I zone abuts an R Zone     6 feet plus 4 feet for each C or I zone building story above first story</div> <div> Twice the limit for one yard</div> <div> (Ord. 466, § 2-11-5, passed 5-11-98)</div> <bR> <div> <B>APPENDIX C: INTENSIVE LIVESTOCK OPERATIONS; APPLICATION SETBACKS</B></div> <div> Manure shall not be land applied closer than the following:</div> <bR> <div> Distance Applied From (Zones)     Surface Applied     Injected into Soil     Incorporated into Soil</div> <div> Residence     600 feet     200 feet     300 feet</div> <div> Water well     200 feet     200 feet     200 feet</div> <div> Public building, church or school     1,000 feet     300 feet     600 feet</div> <div> Build-up area of 5 or more homes*     1,000 feet     300 feet     600 feet</div> <div> Road or highway     50 feet     50 feet     50 feet</div> <div> Ditch or stream     100 feet     50 feet     50 feet</div> <bR> <div> * Note:A build-up area shall be construed to mean five or more homes on tracts of one acre or less, all of which abut or are contiguous. Contiguous shall include tracts separated only by street or road right-of-way.</div> <div> (Ord. 466, § 2-16.5-3, passed 5-11-98)</div> <bR> <div> <B>TABLE OF SPECIAL ORDINANCES</B></div> <div> Table</div> <div> I.     CONTRACTS</div> <div> II.     EASEMENTS</div> <div> III.     FRANCHISES</div> <div> IV.     STREET NAME CHANGES</div> <div> V.     STREET VACATIONS</div> <div> VI.     ZONING MAP CHANGES</div> <div> VII.     ANNEXATIONS</div> <bR> <div> <B>TABLE I:  CONTRACTS</B></div> <div> Ord. No.                 Date Passed                                                  Description</div> <div> 312     6-25-84     Contract for the operation of the Berne Swimming Pool.</div> <div> 322     6-10-85     Contract for the operation of the Berne Swimming Pool.</div> <div> 323     6-10-85     Contract for custodian to maintain Lehman Park.</div> <div> 342     8-10-87     Contract for the operation of the Berne Swimming Pool.</div> <div> 349     5-23-88     Contract for the operation of the Berne Swimming Pool.</div> <div> 350     5-23-88     Contract for custodian to maintain Lehman Park.</div> <div> 463     3-30-98     Contract for custodian to maintain Lehman Park Pavilion.</div> <div> 465     4-27-98     Contract for the operation of the Berne Swimming Pool.</div> <div> 470     4- - 99C     ontract for custodian to maintain Lehman Park Pavilion.</div> <div> 486     4-10-00     Contract for custodian to maintain Lehman Park Pavilion.</div> <div> 514     3-25-02     Contract for custodian to maintain Lehman Park Pavilion.</div> <bR> <div> <B>TABLE II:  EASEMENTS</B></div> <div> Ord. No.                Date Passed                                               Description</div> <div> 396     6-15-92     Vacating a utility easement along the south line of lot 29 and the north line of lot 30 in Forest Hills, section IV, 149th addition to the city.</div> <div> 428     2-27-95     Vacating a utility easement over a strip of land on portions of lot 8 and lot 9 in Bernigen Pointe Subdivision.</div> <div> Vacating a utility easement over a strip of land on portions of lot 9 and lot 10 in Bernigen Pointe Subdivision.</div> <bR> <div> <B>TABLE III:  FRANCHISES</B></div> <div> Ord. No.               Date Passed                                           Description</div> <div> 313     7-9-90     Granting a non-exclusive Cable Communications franchise to Americable International - Indiana -Inc. for a period of 12 years.</div> <div> 519     7-8-02     Renewing a non-exclusive Cable Communications franchise to Insight Communications Midwest LLC for a period of 12 years.</div> <bR> <div> <B>TABLE IV:  STREET NAME CHANGES</B></div> <div> Ord. No.                Date Passed                                          Description</div> <div> 480     10-25-99     Changing that part of Forest Park Drive which is north of S.R. 218 to Emmental Drive.</div> <div> 492     11-13-00     Changing portion of County Road 150W to a city street named Village Way.</div> <bR> <div> <B>TABLE V:  STREET VACATIONS</B></div> <div> Ord. No.                Date Passed                                              Description</div> <div> 325     6-24-85     Vacating a portion of an alley commencing at a point 162 feet south of a point 621.66 feet west of the northwest corner of section 5, township 25 north, range 14 east.</div> <div> Vacating a portion of an alley commencing at a point 182 feet south of a point 615 feet west of the northeast corner of section 5, in township 25 north, range 14 west.</div> <div> 371     4-23-90     Vacating a portion of an alley commencing at the southeast corner of inlot 727 of the 68th addition to the City of Berne.</div> <div> 385     4-22-91     Vacating that portion of Alumni Street, being 50 feet in width and located east of outlot 7 in the 96 addition to the City of Berne.</div> <div> 390     10-14-91     Vacating that portion of the alley lying between inlots 645 and 646 in the 65th addition to the City of Berne.</div> <div> 398     7-13-92     Vacating a portion of Adams Street lying between inlots 83 and 84 in John H. Sprunger's ninth addition to the City of Berne and vacated Logan Street on the north and inlots 57, 58, and 59 in John H. Sprunger's ninth addition to the City of Berne on the south.</div> <div> 484     3-13-00     Vacating a portion of Logan Street commencing at the northeast corner of lot 158 in the 17th addition to the City of Berne.</div> <div> Vacating a portion of Logan Street commencing at the southeast corner of lot 86 in the ninth addition to the City of Berne.</div> <bR> <div> <B>TABLE VI:  ZONING MAP CHANGES</B></div> <div> Ord. No.                Date Passed                                                                     Description</div> <div> 501     6-11-01     Rezoning 92 feet off of the south side of a portion of the southwest quarter of Section 33, Township 26 North, Range 14 East, Adams County, Indiana with the 92 feet being measured parallel with the east line of Lot Number 109 in John Hilty's Twelfth Addition, except a portion commencing at the intersection of the west right-of-way line of Penn Central Transportation Company and the north line of Water Street from A Agricultural  to I-2 Heavy Industrial.</div> <div> 505     8-27-01     Rezoning a tract of land commencing at the northeast corner of the south half of the southeast quarter of Section 5, Township 25 North, Range 14 East, containing 2.22 acres, more or less, from R-1 Single Family to B-2 Rural Business.</div> <bR> <div> <B>TABLE VII:  ZONING MAP CHANGES</B></div> <div> Ord. No.                Date Passed                                                                     Description</div> <div> A-89     7-8-02     Annexing certain contiguous territory to the city to be designated as Forest Hills - Section XI.</div> </td> <td valign="top" rowspan="2" width=40 BGCOLOR="#000000" TEXT="#F7F7FF"> <bR> </td> </tr><tr> <td valign="top" height=20 BGCOLOR="#000000" TEXT="#F7F7FF"> <div> <B>©2008 </B><A HREF="http://sparksdesign.googlepages.com/" TARGET="_top" TITLE="http://sparksdesign.googlepages.com/"><U><B>Sparks Design of Berne</B></U></A><B>. All rights reserved. 356 W Main Street, Berne, Indiana 46711</B></div> <bR> </td> </tr></table></body>