CHAPTER 152: ZONING CODE
adopted December 2, 2002
Section
General Provisions
152.001 Enactment
152.002 Title
152.003 Purposes
152.004 Definitions
152.005 Procedures generally
152.006 Interpretation, conflict and repeal
Zoning Districts
152.020 Districts established
152.021 Districts identified
152.022 Uses regulated
152.023 Height, areas and occupancy regulated
152.024 Dedicated use not to change
152.025 Degree of classification
152.026 Annexed territory
Zoning Map
152.040 Zoning map adopted
152.041 District boundary lines and markings on map
Residential District Regulations
152.055 Application
152.056 Uses allowed
152.057 Setback and yards
152.058 Additional Regulations for Manufactured and
Mobile Housing
Local Business District Regulations
152.085 Application
152.086 Uses allowed
152.087 Setback and yards
General Business District Regulations
152.100 Application
152.101 Uses allowed
152.102 Setback and yards
Light Industrial District Regulations
152.115 Application
152.116 Uses Allowed
152.117 Additional Use Regulations
Supplemental District Regulations
152.130 Height regulations
152.131 Lot area regulations
152.132 Compliance with sanitary code
152.133 Fences, trees and shrubs
152.134 Signs and billboards
152.136 Limitations on uses in all districts
152.137 Parking and loading regulations
152.138 Nonconforming uses
152.139 Remodeling or combining building for other
uses
152.140 Sidewalks
152.141 Obstructions
Administration and Enforcement
152.154 Advisory Plan Commission
152.155 Board of Zoning Appeals
152.156 Express variances and exceptions authorized
152.157 Appeal from decision of board or officer
152.158 Notice of public hearing
152.159 Amendment procedure
152.160 Building Commissioner to enforce
152.161 Certificate of occupancy; improvement location
permit
152.162 Copies of chapter
152.163 Accounting and deposit of fees and charges
received
152.164 Violations declared nuisances
152.165 Enforcement by injunction
152.999 Penalty
GENERAL PROVISIONS
152.001 ENACTMENT.
This chapter is hereby enacted as a zoning ordinance for the Town of Fowler,
Indiana, pursuant to and in acceptance of the powers, purposes and authority
of I.C. 36-7-4, as amended.
152.002 TITLE.
This chapter shall be known and cited under the short title of the "Fowler
Zoning Ordinance."
152.003 PURPOSES.
In exercise and furtherance of the powers, purposes and authority of state
law and to secure health and safe surroundings for the orderly growth and
development of the town in accordance with its established and primary
pleasant residential characteristics, and to provide for the health, safety,
convenience and welfare of the citizens of the town, it is hereby expressly
ordained that from and after the effective date of this chapter, all persons
of the town shall be governed and regulated in accordance with the
provisions of this chapter.
152.004 DEFINITIONS.
(A) Words used with several meanings. Words used in the present tense shall
include the future; the singular number shall include the plural, and the
plural the singular; the word "building" shall include the word "structure";
the word "lot" shall include "plot" and "parcel"; the word "shall" is
mandatory and not directory; and any word having gender shall include the
masculine, feminine or neuter, or a grouping thereof.
(B) Words not defined. Any word or term not herein defined shall be
construed as defined in any other section of this code or ordinance of the
town, and, if not so defined, then by the accepted or general meaning of the
word or term.
(C) Specific definitions. For the purpose of this chapter, the following
definitions shall apply unless the context clearly indicates or requires a
different meaning.
ACCESSORY BUILDING. A subordinate building, or a portion of a principal
building, which is located on the same lot as the principal building, the
use of which is incidental to that of the principal building, but such
accessory building shall not be used as a separate family dwelling.
ACCESSORY USE. A subordinate use which is permitted only when the same is an
essential of or incidental to the principal use of the premises.
ALLEY. A public thoroughfare, which affords only secondary means of
vehicular access to abutting property, and which is from twelve (12) feet to
thirty (30) feet in width.
APARTMENT HOUSE. A building arranged, intended or designed to be occupied by
three or more families.
BASEMENT. A story, the height of which is at least one-half (½) below the
level of a street grade or ground nearest the building. A basement shall not
be counted as story for the purposes of height regulation, unless it is
subdivided, rented, sold or leased for dwelling purposes.
BILLBOARD or SIGNBOARD. Any structure or part thereof, on which lettered or
pictorial matter is displayed for advertising purposes, except as otherwise
permitted for identification signs or accessory to a principal use or the
sale or lease of property.
BLOCK. Property having frontage on one side of a street and lying between
the two nearest intersecting or intercepting streets, or nearest
intersecting or intercepting street and railroad right-of-way, waterway or
other barrier. When intersecting or intercepting streets and railroad
right-of-way, waterway or other barrier do not exist, the unit of six
hundred sixty (660) feet shall be used and the block may begin at a quarter
section line and terminate each six hundred sixty (660) feet unless
intersected by a street.
BOARD. The Board of Zoning Appeals of the Town of Fowler, Indiana.
BOARDING HOUSE. Any dwelling where three or more persons, who are not
dependent upon the head of such household for support who are not
independent members of such householder's immediate family, are furnished
accommodations, with or without compensation, from meals, lodging or meals
and lodging.
BUILDING. Any structure for the shelter, support or enclosure of persons,
animals, chattels or property of any kind, and when separated by party walls
without openings, each portion of such building, so separated, shall be
deemed a separate building.
BUILDING, FRONT LINE OF. The line of that face of the building nearest the
front lot line.
BUSINESS. The exchanging in the purchase, sale, barter or exchange of
goods, wares, merchandise or services, the maintenance or operation of
offices, or recreational and amusement enterprises for profit.
CERTIFICATE OF OCCUPANCY. The certificate issued by the Building
Commissioner for the authorized use of premises as provided by Section
152.161.
COMMISSION. The Advisory Planning Commission of the Town of Fowler, Indiana.
COURT, ENCLOSED. An open unoccupied space surrounded on all sides by walls,
or by walls and a lot line.
COURT, OUTER. An open unoccupied space opening onto a street, alley or yard.
DISTRICT. A section of the Town of Fowler or the jurisdictional area for
which uniform regulations governing the use, height, area, size and
intensity of use of buildings and land, and open spaces about buildings, are
herein established.
DWELLING. Any building, or portion thereof, which is designed or used
principally for residential purposes.
DWELLING, MULTIPLE FAMILY. A building designed for or occupied by more than
two families.
DWELLING, ONE FAMILY. A building designed for or occupied exclusively by one
family.
DWELLING, TWO FAMILY. A building designed for or occupied exclusively by two
families.
DWELLING UNIT. One family dwelling.
FAMILY. A collective number of individuals domiciled together in one
dwelling unit whose relationship is of a continuing non-transient domestic
character and who are cooking and living as a single nonprofit housekeeping
unit.
FAMILY, IMMEDIATE. Persons related to a described householder as spouse,
child, stepchild, grandchild, mother or father or an "in-law" relationship
of the same.
FIRE ESCAPE. Any structure or device on the exterior of a building designed
or intended to be used as a means of emergency exist from such building.
GARAGE, PRIVATE. A garage with a capacity of not more than three automobiles
for storage only, and which is erected as an accessory to a dwelling. Any
such garage exceeding a three (3) automobile capacity may be classified as a
private garage if the lot whereon such private garage is to be located
contains not less than 2,000 square feet for each automobile stored.
GARAGE, PUBLIC. Any premises, except those described as a private or storage
garage, used for the storage or care of power-driven vehicles or where any
such vehicles are equipped for operation, repaired, or kept for
renumeration, hire or sale.
GARAGE, STORAGE. Any premises, except those described as a private or public
garage, used exclusively for the storage of power-driven vehicles.
GRADE ESTABLISHED. The elevation or grade of the street curb line fixed by
the town.
GROUND FLOOR AREA. The square foot area of a residential building within
its largest outside dimensions computed on a horizontal plane at the ground
level, exclusive of open porches, breeze ways, terraces, garages, exterior
and interior stairways.
HEIGHT OF BUILDING. The vertical distance measured from the highest ground
level at the building to the highest point of the roof beams in case of flat
roofs, to the deck line of mansard roofs, and to the mean height level
between eaves and ridge for gable, hip and gambrel roofs.
HOME OCCUPATION. An occupation or profession conducted by householder or
immediate family thereof, subject to requirements and regulations contained
in Section 152.055 et seq.
HOTEL. A building in which lodging is provided and offered to the public for
compensation, and which is open to transient guests, in contradiction to a
boarding or lodging house.
JUNK BUSINESS. Any occupation or trade for the sale, resale, processing,
accumulating, or storage of, or other commerce with, waste materials, scrap,
wrecked automobiles or other commodities commonly classified as junk.
JUNK YARD. Any outdoor accumulation or storage of scrap, waste or other used
or discarded materials which does not directly and normally result from and
constitute an accessory use to an authorized principal use situated on the
same premises.
KENNEL. Any lot or premises on which four (4) or more dogs, at least four
(4) months of age, are kept.
LODGING HOUSE. See BOARDING HOUSE.
LOT. Land occupied or to be occupied by a building and its accessory
buildings and including, as a minimum, such open spaces as are required
under this chapter, and having frontage either on a public street, an
officially approved place or a private residence street of record at the
time of the passage of this chapter.
LOT, CORNER. A lot fronting on two (2) or more streets at their
intersection.
LOT, INTERIOR. A lot other than a corner lot or through lot.
LOT, THROUGH. An interior lot having a frontage on two (2) streets.
LOT LINES. Lines bounding a lot, as defined herein.
LOT LINE, FRONT. In the case of an interior lot, a line separating the lot
from the street or place; and in the case of a corner lot, a line separating
the narrowest street frontage of the lot from the street, except in cases
where deed restrictions in effect specify another line as the front lot
line.
LOT LINE, REAR. A lot line which is opposite and most distant from the
front lot line and, in the case of an irregular or triangular shaped lot, a
line ten (10) feet in length within the lot, parallel to and at the maximum
distance from the front lot line.
LOT LINE, SIDE. Any lot boundary line not a front lot line or a rear lot
line.
LOT, WIDTH OF. The distance between the side lot lines at the front
building line of building measured at right angles to the depth of the lot.
MANUFACTURING or INDUSTRY. Any use in which the major activity is the
treatment, processing, rebuilding or repairing or wholesale storage of
material, products or items and where the finished product is not acquired
by the ultimate user on the premises, as distinguished from a retail use,
where the treatment, processing, repairing or storage is secondary to the
sale, exchange or repairing of material or products on the premises.
NONCONFORMING USE. Any use of a building or premises that does not conform
with the regulations of the use district in which it is situated.
PARKING SPACE. A durable surfaced area, enclosed in a main building, in an
accessory building or unenclosed, sufficient in size to store one standard
automobile, and if space is unenclosed, comprising an area of not less than
180 square feet, exclusive of a durable surfaces driveway, connecting the
parking space with an alley or street and permitting satisfactory ingress or
egress of an automobile.
PARKING, OFF-STREET. A parcel of land with a durably surfaced area, enclosed
in a main building or an accessory building or unenclosed, sufficient in
size to store one standard automobile and such open unoccupied space shall
be other than a street or alley, and that the principal use of such parking
area, durably surfaced, enclosed or unenclosed, shall be for the purpose of
parking vehicles off the thoroughfares within the corporate limits of the
town.
PLACE. An open unoccupied space which is not a public street or alley and
which is dedicated to purposes of access to abutting property.
PRINCIPAL BUILDING. The main building occupied for an authorized residence,
business or industrial use.
PRINCIPAL USE. The primary purpose for which a lot is to be used and for
which a certificate of occupancy is or will be issued.
ROOMING HOUSE. See BOARDING HOUSE.
STORY. That portion of a building included between the surface of any floor
and the surface of the for next above it, or if there is no floor above it,
then the space between such floor and the ceiling next above it.
STREET. A public thoroughfare 30 feet or more in width.
STRUCTURAL ALTERATION. Any change in the supporting members of a building,
such as bearing walls or partitions, columns, beams, or girders, or any
substantial change in the exterior walls or the roof, excepting such
alteration as may be required for the safety of the building.
STRUCTURE. Anything constructed, erected, assembled or artificially
established which required permanent or more or less permanent location on
the ground, or which is attached to something having a permanent or more or
less permanent location on the ground.
VISION CLEARANCE ON CORNER LOTS. A triangular space at the street corner of
a corner lot, free from any kind of obstruction to vision between the height
of 3 ½ and 12 feet above established grade, determined by a diagonal line
connecting two points measured equidistant from the corner along each
property line.
YARD. Any space in the same lot with a building, open and unobstructed from
the ground to the sky.
YARD, FRONT. The minimum horizontal distance between the street line and the
building or any projection thereof other than steps, eaves, unenclosed
balconies and unenclosed porches.
YARD, REAR. The yard between the rear of the building and the lot line most
nearly parallel thereto.
YARD, SIDE. The yard between the side of the building and the lot line most
nearly parallel thereto and extending from the street line to the rear.
152.005 PROCEDURES GENERALLY.
(A) Check list of procedures.
(1) Each parcel of property is situated in either a Single-Family
Residential District, Two-Family and Multiple-Family Residential District,
Local Business District, General Business District or Light Industrial
District. The district in which a particular lot is located can be
determined by reference to the Zoning Map.
(2) The uses allowed in any designated district are set out in Single-Family
Residential District Regulations, Two-Family and Multiple-Family Residential
District Regulations, Local Business District Regulations, General Business
District Regulations or Light Industrial District Regulations, each
establishing regulations for such districts.
(3) Every intended principal use must be on a lot having an area coming
within the minimum requirements established by Section 152.131.
(4) Before any intended principal use will be permitted, it must be
determined that the lot will support a safe water supply and proper sewage
disposal system or have access to municipal facilities of same, as
established by Section 152.132.
(5) Authority to occupy the property for a particular use shall be allowed
by certificate of occupancy issued pursuant to Section 152.161. This does
not apply to premises occupied at the time of the enactment of this chapter,
but it does apply to a subsequent change of use.
(6) The specific location of a building on a lot is to be authorized under
an improvement location permit as required by Section 152.161.
(7) In planning a location of a building on a lot, attention must be given
to the setback and yard requirement of the district in which such building
is to be located. The height regulations of Section 152.130, the parking and
loading regulations of Section 152.137 and the lot area and sanitary
requirements of the Town must be followed. Actual construction will be
governed by specific building codes of the Town, as set forth in Chapter
150.
(8) Fences, signs and other uses are regulated by other express provisions
of this chapter.
(9) Occupancies, locations and uses in existence at the time of the
enactment of this chapter which do not conform to the regulations herein
established are governed by Section 152.138, nonconforming uses.
(10) Problems concerning the enforcement of the chapter, grievances and
appeals are processed through the Board of Zoning Appeals under Sections
152.155 through 152.158.
(11) This section has been included solely for informational purposes and
is intended only as a guide. This section is not intended to be
comprehensive or inclusive of all procedure under this chapter, nor a
limitation upon any procedure, regulations or requirement as elsewhere
expressly set out.
152.006 INTERPRETATION, CONFLICT AND REPEAL.
(A) Minimum requirements. In interpreting the provisions of this chapter,
all provisions and regulations shall be held to be minimum requirements for
the promotion of the public safety, health, convenience, comfort, morals,
prosperity and general welfare.
(B) Private covenants. It is not intended by this chapter to interfere with
or abrogate or annul any easement, covenants or other agreements between
parties; provided, however, that where this chapter imposes a greater
restriction upon the use of buildings or land or upon the height of
buildings, or requires larger open spaces or larger lot areas than are
imposed or required by such easement, covenants or agreements, the
provisions of this chapter shall control.
(C) Ordinances and permits not in conflict. It is not intended by this
chapter to interfere with or abrogate or annul any ordinance, rules,
regulation or permits previously adopted or issued, and not in conflict with
any of the provisions of this chapter or which shall be adopted or issued
pursuant to law relating to the use of buildings or premises and likewise
not in conflict with this chapter.
(D) Saving clause. The enactment of this chapter shall not release,
discharge or annul any violation existing under prior ordinance or parts
thereof which may be, as to future effect, repealed hereby, and all remedies
at law or equity affecting any existing violation shall remain in full force
and effect for the prosecution, correction or abatement of such violations.
(E) Conflict with statute. Any provision of this chapter which may now or
hereafter conflict with I.C. 36-7-4, as amended, shall yield to and shall be
interpreted with preference to such state law.
ZONING DISTRICTS
152.020 DISTRICTS ESTABLISHED.
For the purpose of this chapter and the administration and enforcement
thereof, the Town is proportioned and divided into the following named
districts:
Name
Designation
Single-Family Residential District
R-1
Two-Family and Multiple-Family Residential District R-2
Local Business District
LB
General Business District
GB
Light Industrial District
LI
152.021 DISTRICTS IDENTIFIED.
Each portion of the Town representative of a respective district is shown
and bounded on the zoning map, which is made part of this chapter pursuant
to Section 152.040, and boundaries of all such districts are hereinafter set
out and particularly described by the language hereof. It is intended that
each written description of a portion of the Town representing a particular
district shall correspond identically to such district as marked, identified
and bounded on the zoning map but, in any discrepancy thereof, the written
description shall control and shall take precedence.
152.022 USES REGULATED.
No building or structure shall be erected or altered, nor shall any building
or premises be used, for any purpose other than a use permitted in the
district in which such building or premises are located.
Penalty, see 152.999.
152.023 HEIGHT, AREAS AND OCCUPANCY REGULATED.
No building or structure shall be altered or used so as to produce greater
heights, smaller yards or less unoccupied area and no building shall be
occupied by more facilities than hereinafter prescribed for such building or
structure for the district in which it is located.
152.024 DEDICATED USE NOT TO CHANGE.
No lot dedicated to a use thereon at the enactment of this chapter and no
lot hereafter dedicated to a use in compliance with this chapter shall or
may be reduced in area so that yards, open spaces and other areas will be
smaller than herein prescribed, and such dedicated minimum yards, parking
and open spaces, including lot area per family, shall not be considered
dedicated or used as a yard, lot area or other space requirement for any use
occupying another lot.
152.025 DEGREE OF CLASSIFICATION.
(A) The Residential Districts shall be considered the district of highest or
first degree classification under this chapter, the Local Business District
as second degree, the General Business District as third degree and the
Light Industrial District as the lowest or fourth degree classification.
(B) Any use expressly designated and permitted in one district
classification shall be permitted in all districts of lower degree without
previous limitations, unless a limitation in the lower classified district
is imposed in the same or modified form. Any use expressly designated and
permitted in one district classification shall be thereby automatically
prohibited in all districts classified to a higher degree.
152.026 ANNEXED TERRITORY.
Any property annexed to the Town after the enactment of this chapter shall
be deemed to be and treated under the classification of residential property
and a Single-Family Residential District until otherwise zoned and
classified by the amendment of this chapter in accordance with the procedure
as set forth in Section 152.159.
ZONING MAP
152.040 ZONING MAP ADOPTED.
(A) There is hereby adopted for the purpose of supplementing this chapter a
map entitled "Zoning Map of the Town of Fowler, Indiana" and such map is
made a part hereof by reference.
(B) At least two copies of such map shall be at all times kept on file in
the office of the Clerk-Treasurer for public inspection.
152.041 DISTRICT BOUNDARY LINES AND MARKINGS ON MAP.
(A) The use districts established under Section 152.020 et seq. are enclosed
on the zoning map by a solid line encompassing each separate district and
the same line may, in some instances, be used to prescribe the boundary of
two or more districts.
(B) The several districts are further identified by markings and outlined on
the zoning map as follows:
(1) R-1 Single-Family Residential District
(2) R-2 Two-Family and Multiple Family Residential District
(3) LB Local Business District
(4) GB General Business District
(5) LI Light Industrial District
(C) Subject to interpretation as provided in Section 152.021, the respective
and several districts are further described and identified as follows:
(1) R-1 Single-Family Residential District shall be all areas within the
town limits that are not included in any other District, and is shaded on
the zone map in yellow, red, brown and green.
(2) R-2 Two-Family and Multiple-Family Residential District is shaded on the
zone map in pink.
(3) LB Local Business District is shaded on the zone map in blue.
(4) GB General Business District is shaded on the zone map in orange.
(5) LI Light Industrial District is shaded on the zone map in purple.
(6) All property not otherwise classified shall be and is classified as R-1
Single-Family Residential District.
RESIDENTIAL DISTRICT ®-1 AND R-2) REGULATIONS
152.055 APPLICATION.
No building or premises shall be constructed, altered, located or used in a
Residential District except in accordance with the regulations contained in
this chapter, and whenever a building or premises situated in any district
is used solely for residence purposes, the same shall comply with the
regulations of this chapter.
152.056 USES ALLOWED.
In a Residential District, the following uses shall be allowed:
(A) Single-family dwellings, or two-family or multiple-family dwellings.
(B) Churches, public schools, public Library.
(C) Private garages used as an accessory to the principal building on the
same lot and housing
only those vehicles required to comply with off-street parking regulation
thereon.
(D) Other detached accessory buildings which are not used for the dwelling
of any person, or the storage of business or industrial material, or used in
whole or part business or industrial use.
(E) Private recreation uses such as tennis courts, swimming pools, and the
like, which are exclusively for private use and not for commercial purposes.
(F) Private greenhouses, gardens or nurseries, only when the plants, flowers
or produce are for private enjoyment and not offered for sale.
(G) Bulletin boards for churches, institutions or governmental purposes and
signs used by governmental agencies for safety, traffic regulations or other
governmental purposes.
(H) Fire stations.
(I) Signs not exceeding 12 square feet in area pertaining to the rental,
sale or leasing of a building or land of the premises upon which such sign
is located and not more than one such sign shall be permitted on the
property concerned. Such sign shall be attached to the building or, if
detached, set back at least 12 feet from the front lot line.
(J) Home occupations, in specific cases and upon hearing and action by the
Board of Zoning Appeals, may be allowed in the principal building which is
designated and occupied as a dwelling, subject to the following regulations:
(1) No person shall engage in such home occupations other than those who
reside on the premises;
(2) In no case shall more than 15% of the floor area in the dwelling,
exclusive of any accessory building, be used for any one or more of such
home occupations;
(3) Such home occupations shall be wholly confined to within the principal
building;
(4) Each home occupation shall register with the Fowler Clerk-Treasurer
prior to engaging in said home occupation;
(5) Parking area shall be increased as the Board deems necessary;
(6) No window or display sign shall be used to advertise such occupations
other than an unlighted sign not exceeding two square feet; and
(7) Such other regulations as the Board may deem necessary to safeguard the
neighborhood. In considering the allowance of a home occupation, only such
occupations and professions may be considered which are usually and normally
conducted in the home of the person or persons engaging in the same.
152.057 SETBACK AND YARDS.
No building shall be located or structurally altered upon the lot dedicated
to residential use under this chapter except in accordance to the following
requirements:
(A) On an interior lot, the same being defined as any lot which is not a
corner lot, each principal building shall have a front yard of at least 25
feet, a rear yard of at least 15 feet and a side yard on each side of the
building of at least 5 feet; provided, however, that when a lot is situated
in a block where 30% or more of the total frontage of all interior lots
along that side of the street in such block is already improved by the
erection of principal buildings thereon, yards shall be established by those
already improved.
(B) Any building on a corner lot, which building faces in the same
directions as adjacent interior lots, shall maintain on all sides the yard
requirements for interior lots.
(C) Any building on a corner lot which faces a street which is not the front
line of the adjoining interior lot shall maintain a front yard setback from
the easement of at least 5 feet, a rear yard of 5 feet and side yards of at
least 25 feet on one side and 15 feet on the other.
(D) All accessory buildings shall be located in the rear yard only and no
accessory building shall be erected or altered nearer than 15 feet of any
rear line and 5 feet of any side line.
(E) An attached or detached private garage; an attached or detached car
port, shelter or driveway canopy; a patio, veranda, deck, piazza or other
similar construction; an open, enclosed or covered porch of more than 15
square feet; or any other installation, which is not expressly allowed,
shall not be permitted, located, erected or altered within 15 feet of any
rear line and 5 feet of any side line.
(F) Steps, porches not exceeding 15 square feet including any covering or
enclosure thereof, walks and driveways, yard lights, necessary public
utility facilities, underground sanitary and water installations, fences,
landscaping, trees, plant and vegetation, and any other appurtenances, not
expressly prohibited, which are indispensable for the use and enjoyment of
the premises, shall be permitted in the front and side yards established and
required by this chapter.
(G) For the purpose of setback, a side yard shall be construed to run the
full length of the lot line. Except for lawful uses, the established and
required yards shall be open from the established grade (or the natural
grade if higher) to the sky. Side and rear yards shall be deemed to extend
to the center of alleys which may abut the side or rear lines of the lot.
(H) On a lot included in a land subdivision on record at the time of
enactment of this chapter which shows building lines along the frontage in
which such lot is included for the purpose of creating front yards greater
than the requirements of this chapter, such subdivision plat shall apply in
preference to the front yard established by this chapter.
152.058 ADDITIONAL REGULATIONS FOR MANUFACTURED AND MOBILE HOUSING.
No building, manufactured home, or mobile home shall be located or used in a
Residential District except in accordance with the regulations contained in
this chapter. Mobile homes shall be approved by the Building Inspector
before being located on the property. In addition, such housing shall
adhere to the following building specifications:
(A) Such buildings shall have a minimum of 5/12 roof pitch;
(B) The square footage of such buildings must be at least 100% of the
average square footage of similar use adjacent properties in all directions;
and
(C) Such buildings shall have wood construction.
LOCAL BUSINESS DISTRICT REGULATIONS
152.085 APPLICATION.
No building or premises shall be constructed, located, altered, or used in
any Local Business District, in whole or in part, for any business use
authorized in such district except in accordance with the regulations
contained in this chapter.
152.086 USES ALLOWED.
In a Local Business District, the following uses shall be allowed:
(A) All uses allowed in a Residential District shall be permitted except
that premises wholly used for residence use shall comply with Residential
District Regulations.
(B) A single-family dwelling shall be permitted above the ground floor of a
business building.
(C) Barber shop, beauty parlor, chiropody, massage or similar personal
service establishments.
(D) Custom tailoring, dressmaking, millinery retail trades.
(E) Photography sales and services.
(F) Private schools, day nursery, dancing, music, art or other similar
non-industrial training schools.
(G) Dairy, dry-cleaning and laundry retail stores where no processing is
done or gasoline sold on the premises.
(H) Parking garage on a lot where no vehicle repairs or servicing is done or
gasoline sold on the premises.
(I) Radio, television, electrical or other household appliance repair shops
and retail sales; shoe repair and sales.
(J) Grocery, meat, vegetable, bakery, confectionery, catering service,
delicatessen and other food shops where products are sold at retail only,
but excluding the storage, slaughtering or sale of any live animal or fowl.
(K) Drug stores, magazine, newspaper, tobacco and book shops.
(L) Automobile accessory stores, provided enclosed off-street facilities are
furnished for the installation of any accessory sold, but this authority
shall not permit or include the general repair or servicing of automobiles,
a filling station or the sale of new or used automobile or other motor
vehicles.
(M) Restaurants, lunch or tea rooms, licensed taverns and liquor stores.
(N) Florist, but excluding business greenhouses.
(O) Business offices, banks, finance agencies, medical, dental or similar
professional office or clinic for treatment of human patients only.
(P) Department, personal service, supply and accessories, and other similar
retail stores and establishments.
(Q) Retail stores and establishments for the sale of hardware, furniture,
jewelry, wearing apparel, office equipment and supplies, household
appliances, household supplies and furnishings and personal accessories and
supplies, department stores, and personal accommodations and services.
(R) Accessory buildings and uses customarily incidental to the above listed
uses; provided, however, that no service is offered or product displayed
outside of the building or premises occupied for any authorized use.
152.087 SETBACK AND YARDS.
No building shall be located or structurally altered upon a lot dedicated to
business use under this chapter except in accordance with the following
requirements:
(A) No building shall be located or altered nearer than 15 feet of a lot
line forming the boundary of any street.
(B) Buildings on interior lots need not maintain side yards, but if side
yards are voluntarily established, no side yard shall be less than four feet
in width.
(C) Each building on an interior lot shall maintain a rear yard of at least
40 feet.
(D) Buildings on a corner lot need not maintain any yard between the
building and the adjoining interior lot line, but such building shall
maintain a yard of at least 40 feet either along the adjoining interior lot
line or along the line that is the rear property line of adjacent interior
lots.
(E) No accessory building shall be located or altered nearer than the
required setback of the principal building nor shall the whole area of all
accessory buildings occupy more than 30% of a specifically required yard.
(F) Window sills, belt courses and ornamental features may extend a maximum
of six inches into the established and required yards, and eaves and
cornices may extend three feet into such yard. All steps, porches, landings
or other facility of ingress or egress, exclusive of walks and driveways and
other appurtenances, attached to the principal building, whether open or
enclosed, shall be considered as a part of the principal building and shall
be so constructed to comply with the specified yard requirements. No outside
stairway, excepting a fire escape, leading to any part of the premises above
the ground floor shall be permitted.
(G) The front yard shall not be used for off-street parking nor for any
other business purpose.
(H) If enclosed or outer courts are provided, the same shall be in
accordance with the provisions contained in Section 152.057.
GENERAL BUSINESS DISTRICT REGULATIONS
152.100 APPLICATION.
No building or premises shall be constructed, located, altered or used in
any General Business District, in whole or in part, for any business use
authorized in such district except in accordance with the regulation
contained in this chapter.
152.101 USES ALLOWED.
In a General Business District, all of the uses allowed in a Local Business
District and a Residential District shall be permitted and, in addition to
such uses, the following uses shall be allowed:
(A) All uses allowed in a Residential District and Local Business District
shall be permitted, except that a premise wholly used for residence use
shall comply with all Residential District Regulations.
(B) A one family dwelling shall be permitted above the ground floor of a
business building.
(C) Automobile salesrooms and lots containing functional vehicles and not
wrecks.
(D) Car washes, filling stations, garages and repair shops for the
servicing, maintenance and mechanical repair of functional vehicles, but
excluding body shops and body repairs.
(E) Newspaper, billboards.
(F) Storage in volume of commodities not otherwise expressly regulated and
which are not classified as inflammable, but expressly excluding junk yards,
wrecked automobiles and scrap.
(G) Establishments not otherwise expressly regulated and not employing more
than ten employees on the premises (exclusive of drivers and other employees
who spend the greater part of their working time away from the premises)
where the chief source of operating power is electricity supplying no motor
greater than five horsepower for the conduct or operation of such
businesses, trades and enterprises, such as: plumbing, heating, painting,
tinsmith, sheet metal, electrical, roofing, insulating, siding or other
specialized contractor; dry-cleaning and laundries using no cleaning fluid
whose base is petroleum or one of its derivatives; dairy, ice cream plant or
bottling works; printing shop; carpentry, upholstery, cabinet or equipment
shop; and other similar establishments, but excluding any cement, road
material or other mixing plant or process.
(H) Drive-in stands.
(I) Fraternal clubs and lodges.
(J) So long as some areas of the municipality are without a public sewage
service, an apartment building, hotel, motel, hospital, rest home,
convalescent establishment, places of amusement, theaters other than open
air or other similar uses shall be allowed only if proper sanitary
facilities can be provided upon the premises without damage to health and
safety.
(K) No store or business for the sale of food stuff, perishables, cut
flowers, or other similar commodities shall display or sell any of the same
outside of the principal building, but such business shall be conducted
wholly within such principal building.
(L) Any other business which is in harmony with the uses classified under
these regulations and which is not otherwise prohibited.
152.102 SETBACK AND YARDS.
No building shall be located or structurally altered upon a lot dedicated to
business use under this chapter except in accordance with the following
requirements:
(A) No building shall be located or altered nearer than 50 feet of the
plated center line of any street, but otherwise no front yards need be
maintained.
(B) No side yards shall be required, but if side yards are voluntarily
established, no side yard shall be less than four feet in width.
(C) Each building on an interior lot shall maintain a rear yard of at least
40 feet.
(D) Buildings on a corner lot shall maintain a yard of at least 40 feet
either along the adjoining interior lot line or along the line that is the
rear property line of adjacent interior lots.
(E) No accessory buildings shall be located or altered nearer to the street
lot line than the established setback of the principal building.
(F) No permanent part of any building shall extend more than six inches
beyond any street lot line, but any awning, canopy, or other similar
attachment may extend beyond a street lot line a maximum of ten feet at a
height of not less than seven feet above sidewalk grade, and any marquee,
signs, light or other similar appurtenance may extend beyond the street lot
line a maximum of ten feet and no less than ten feet in height. No outside
stairway leading to any part of the premises above the ground floor shall be
permitted, but this shall not prohibit fire escapes, chutes or other
attachments for emergency exits.
(G) Any voluntary front yard shall not be used for off-street parking nor
for any business purpose.
(H) Where a bathroom, lavatory or room occupied for dwelling purpose has a
window that does not open into a street or rear yard, either a side yard or
a court shall be required. Any court provided or required shall be in
accordance with Section 152.057.
LIGHT INDUSTRIAL DISTRICT REGULATIONS
152.115 APPLICATION.
No building or premises shall be constructed, located, altered, occupied or
used in any Light Industrial District except in accordance with the
regulations contained in this chapter.
152.116 USES ALLOWED.
In a Light Industrial District, the following uses shall be permitted:
(A) All uses permitted in a Residential District, subject to the use
regulations of such district.
(B) All uses permitted in any Business District.
(C) Body shop, automotive salvage yard, vehicle wreak storage.
(D) Warehouse storage yard for coal, lumber, building material or equipment.
(E) Lumber yard, general contractor.
(F) Mixing plant other than asphalt.
(G) Veterinarian; animal hospital, clinic or kennel; pet shop.
(H) Motorcycle, motor scooter, boat motors and boat sales or repairs.
(I) Commercial greenhouses; landscaping nursery or service.
(J) Fuel oil (and the like) storage above the ground in less than tank car
aggregate quantity.
(K) All other businesses, occupations or light industrial operations, not
expressly prohibited, which are not injurious to public health safety and
welfare, which are not noxious by reason of gas, smoke, noise, obnoxious
odor or vibrations and which are in harmony with and in keeping to the
intents and purposes set out in this chapter.
152.117 ADDITIONAL USE REGULATIONS.
All business or light industrial uses permitted and located in the Light
Industrial District shall be subject to the regulations continued in Section
152.102.
SUPPLEMENTAL DISTRICT REGULATIONS
152.130 HEIGHT REGULATIONS.
(A) Maximum height regulations. The following maximum height regulations are
hereby established:
(1) No single family or two family dwelling shall exceed 35 feet nor more
than two and one-half stories.
(2) No building accessory to a dwelling shall exceed 25 feet in height nor
more than one and one-half story.
(3) Churches, institutional and government buildings shall not exceed 40
feet in height nor more than two and one-half stories.
(4) All other buildings, not expressly regulated, shall not exceed 40 feet
in height nor more than two stories.
(B) Height exceptions. The following exceptions are hereby made to the
height regulations established by division (A) of this section:
(1) The height of a single family or two-family dwelling in a Residential
District may be increased by not more than ten feet when the two side yards
of not less than 18 feet each are provided. Such dwellings, however, shall
not exceed two stories in height.
(2) Church towers or spires, chimneys associated with the heating system of
a building and private television or radio antennae shall not be within the
height regulations established in this section.
(3) Where not more than 25% of the lot area is used any other towers,
chimneys, cooling towers, elevators, bulkheads, fire towers, monuments,
water towers, stacks, stage towers or scenery lofts, tanks, ornamental
towers and spires, wireless towers and spires, wireless towers or mechanical
or necessary appurtenances may be erected to any height provided that a
permit therefore has been granted by the Board of Zoning Appeals after due
notice and hearing as provided by this chapter.
(4) Public utility poles and installations, power lines, attached or
detached flagpoles, public water tanks or towers or other public structures,
and fences or walls around public grounds shall not be within the height
regulations established in this section.
152.131 LOT AREA REGULATIONS.
(A) Building to abut on street or place. Every principal building shall be
located on a lot, as defined in Section 152.004, so that the building or the
front yard thereof borders or abuts upon a public street, or a private
residence street, or a dedicated place; and not more than one principal
building shall be permitted on the same lot.
(B) Recorded plats adopted by reference.
(1) For the purposes of this division, each and all of the plats, re-plats,
subdivisions or re-subdivisions of any part or parcel of land lying within
the corporate limits of the town and on file with the County Recorder are
hereby adopted and made a part of this chapter by reference.
(2) As used in division (B)(1) of this section only, the term PLATTED shall
mean, refer to and define the parcels of land bounded and described as
numbered lots in numbered blocks of a duly recorded plat thereof on file as
stated above; the term BLOCK shall mean the land fronting on one side of a
street between the nearest intersecting streets; and the term INTERIOR LOT
shall mean a lot other than a corner lot.
(C) Area and width classifications. For the purpose of determining the
required lot frontage and the required lot area, the land and parcels of
land within the corporate limits of the town are hereby classified as
follows:
(1) R-1 Single-family dwelling.
(2) R-2 Two-family and Multiple-family dwelling.
(D) Lot area. In furtherance of the purposes for which this chapter was
adopted, the use of lots authorized under this chapter shall be subject to
the minimum area regulations established herein. It is expressly provided,
however, that the enactment of this chapter or the establishment of the
minimum requirements shall not in any manner abrogate, revise, amend or
repeal any sanitary code or ordinance or part thereof now or hereafter
enacted by the town, or any applicable regulation of the state, relating to
the location, establishment, maintenance or regulation of facilities for
sewerage disposal facilities; and, where a safe water supply or a sanitary
and safe sewerage disposal system cannot be established under the minimum
area regulations herein established, the regulations expressly enacted or
provided for the location, establishment and maintenance of water or
sewerage disposal facilities shall take precedence and shall be applicable.
For the purposes stated and subject to the conditions mentioned, the
following minimum lot area regulations are hereby established:
(1) Any lot used solely for residential purposes, in accordance with the
classification of such lot as hereinbefore determined, shall have a minimum
of square feet for each family in residence as follow:
Classification
Minimum Square Feet
R-1 Lots
7,200 square feet
R-2 Lots
7,200 square feet, or 3,600 per unit, whichever is greater unless the lot is
not currently served by Town sewer and water, in which case, the Benton
County minimum lot size requirements shall apply.
(2) All other uses authorized under the Residential District Regulations
(Section 152.055 et seq.), for which water or sanitary facilities are
required and which are not accessory to an authorized use, shall have a
minimum lot area in accordance to the classification fixed for the lots in
the block where such use is to be situated.
(3) Any use classified under Section 152.086 (F) and (M) and under Section
152.101 (G), (H) and (I) shall be located on a lot having a minimum lot area
of 7,200 square feet.
(4) All uses classified under 152.101 (J) shall have a minimum lot area of
7,200 square feet, or 3,600 per unit, whichever is greater, subject
nevertheless to the other provisions of Section 152.101 (J).
(5) All other uses, not expressly regulated, shall have a minimum lot area
of 7,200 square feet.
(6) The Board of Zoning Appeals shall have power to vary the lot area
requirements for uses classified under divisions (D)(5) of this section in
order to permit two or more of such classified uses to have mutual water and
sewerage disposal facilities. Such variance may be granted only after public
notice and hearing and upon an affirmative showing by the applicants that
such consolidation may be done without danger to the users of the premises
or adjoining premises.
(7) In computing a lot area, one-half of an abutting alley or place may be
included but no part of any street shall be included.
(8) The minimum lot area herein fixed shall not in any way limit the gross
amount of area that may have to be provided in order to comply with all
other regulations of this chapter.
(9) Any lot of record on the effective date of this chapter which is less
than 7,200 square feet in area or less than 50 feet in width may be improved
with a single family dwelling if all other requirements of this chapter are
met.
(E) Lot frontage. Any lot used in whole or in part for residential use shall
have a width and frontage along the street in the block where such lot is
situated, under the classification hereinbefore established, as follows:
Classification
Frontage
R-1 Lots
60 foot width
R-2 Lots
60 foot width
(F) Required square foot area of building. All buildings or structures that
are erected, altered or remodeled after the enactment of this chapter shall
have a square foot area of floor space in compliance with the following
regulations:
(1) A single family dwelling with a maximum number of bedrooms of two shall
have a minimum floor area of 800 square feet if one level and 1,200 square
feet if more than one level. A dwelling with four bedrooms shall have a
minimum floor area of 1,200 square feet if one level and 1,500 square feet
if more than one level. For each bedroom above four, the dwelling floor area
shall be increased by 150 square feet. The square footage is to be exclusive
of the basement, porches, attic, garage, and the like.
(2) A two family dwelling shall have the same minimum floor area per
dwelling as a single family dwelling.
(3) A three or four family dwelling building shall have a minimum of 800
square feet per dwelling unit.
(4) A five, six, seven or eight family dwelling building shall have a
minimum of 600 square feet per dwelling unit.
(5) A nine or more family dwelling building shall have a minimum of 500
square feet per dwelling unit.
(6) Special allowances of square foot size shall be granted by the Zoning
Board of Appeals to dormitory-type buildings or where units provide limited
kitchen facilities, but in no condition shall minimum size be less than 300
square feet.
(7) In a Business District, each principal business building shall have a
minimum ground floor space, exclusive or porches, basements and accessory
buildings, of 800 square feet, and where the second floor is occupied for
dwelling purposes, such dwelling shall have a minimum of 800 square feet of
floor space on the second floor.
(8) In a Light Industrial District, every principal industrial building
shall have a minimum ground floor space, exclusive of porches, basements and
accessory buildings, of 700 square feet, but no part of any industrial
building shall be occupied for residential purposes.
(9) Under no circumstances shall any temporary or other building or part
thereof be used or permitted to be used for residential purposes where less
than a minimum of 800 square feet of ground space is provided.
(10) In a Business District or Light Industrial District, the Board of
Zoning Appeals may, upon proper application, permit two or more authorized
uses to be combined in a building which otherwise qualified under the
regulations herein established and which provides adequate sanitary
facilities for the area of the lot upon which such building is situated.
152.132 COMPLIANCE WITH SANITARY CODE.
(A) Sanitary code must be complied with. In order to provide for the orderly
development of the community and to secure a safe sanitary sewerage disposal
system, compliance with recommendations of the Indiana State Board of Health
or local code is hereby made a condition precedent to the use or occupancy
of any premises regulated by this chapter and to the location of any
building permitted under the terms of this chapter.
(B) Property to have sanitary facilities. No improvement location permit
shall be issued under the terms of this chapter until it is affirmatively
shown that the establishment of a water supply and sewerage system for the
building concerned in such permit is or will be in compliance to the rules
and regulations established by the state. No certificate of occupancy shall
be issued under the terms of this chapter unless it is affirmatively shown
that the premises to be occupied and the authorized use thereof has or will
have facilities for water and sewerage disposal in compliance with the
regulations of the state.
152.133 FENCES, TREES AND SHRUBS.
(A) Wire fences. All wire fences shall be of smooth wire, except that a
business, industrial or public grounds fence may have at its top a guard
wire or wires of barbed or pointed or rough wire.
(B) Height of fences. No fence or wall whether for ornamental, barrier or
line purposes and whether constructed or grown shall not exceed 48 inches in
height is made of wire or 72 inches in height if made of solid material on a
residential lot nor more than seven feet in height on a business or light
industrial lot, but this provision shall not apply to walls used for lateral
support nor to fences on or around public ground.
(C) Maintenance of fences. All walls and other constructed fences shall be
constructed and maintained plumb to within a variable of 2 inch for each
foot of heights. All growing fences shall be kept trimmed so that there is
no overhang into any adjoining property, street or alley. No advertising
sign shall be attached to or painted upon any fence or wall.
(D) Storage yard fences. Whenever in a General Business District or Light
Industrial District a lot or portion of a lot in excess of a total 400
square feet is used for the authorized storage, sale or display of
materials, supplies, equipment or other articles outside of the principal
building, the entire area so used shall be enclosed by a wall or fence of
not less than six feet in height, but this requirement shall not relate to
lots or portions thereof used for the parking of automobiles for sale, or
greenhouses, nurseries or yards in which plant or shrubbery are cultivated,
grown or displayed.
(E) Fence in Local Business District. No fence or wall in a Local Business
District shall extend into the required front yard.
(F) Parkways. The care and use of the parkway area between the street lot
line and the traveled portion of the street shall be vested in the owner or
occupant of the lot adjoining so long as such parkway is not required for
public purposes. Such parkways shall be kept free and clear of fences,
barriers, obstructions, signs or other installations excepting:
(1) Public utility and governmental installations, sidewalks, driveways,
curbs, gutters, and parking spaces.
(2) Lawns and landscaping which does not form a barrier or an obstruction of
vision.
(3) The attachments authorized under 152.102(F).
(4) The overhanging of authorized signs at a minimum height of ten feet
above sidewalk grade and supported wholly from within the lot lines.
(5) In a Residential District only, the planting of hardwood trees spaced at
least 20 feet apart.
152.134 SIGNS AND BILLBOARDS.
(A) Residential District signs. All signs authorized in a Residential
District pursuant to Section 152.056 shall be permitted in all other
districts established under this chapter.
(B) Local Business District signs. In a Local Business District, signs may
be established as follows:
(1) Such sign may be attached to the building at any point below the roof
line.
(2) Such sign may be painted upon the building.
(3) A detached sign not exceeding 24 square feet may be erected or
established on the business lot, but no such sign shall extend into or shall
be permitted within the required front yard.
(C) General Business District and Light Industrial District signs. In a
General Business District or a Light Industrial District, signs may be
established as follows:
(1) Such sign may be attached to or painted upon the principal building, and
if attached to the roof, such sign as attached shall not extend higher than
the height regulation established for the district in which the same is
situated.
(2) A detached sign on the same lot as the principal building shall be
permitted.
(3) A sign attached to the principal building or supported wholly from
within the lot line may extend beyond the street lot line a maximum of ten
feet and no less than ten feet in height above the sidewalk grade.
(D) Billboards. In a General Business District or Light Industrial District,
the Board of Zoning Appeals is hereby expressly authorized, upon proper
application, to grant a certificate of occupancy for a general billboard or
advertising sign on a lot not otherwise occupied or used, but such billboard
or advertising sign shall be set back from the street lot line at least 25
feet, shall have an open clearance of at least 100 feet of the center of any
street intersection. Any certificate of occupancy granted by the Board under
this division shall be limited in time not to exceed one year and shall be
renewable, at the discretion of the Board, from time to time, and for the
issuance of each certificate of occupancy and every renewal thereof, a fee
shall be paid by the applicant in the amount of $25.
152.136 LIMITATIONS ON USES IN ALL DISTRICTS.
(A) The uses established in division (B) of this section shall be
permissible only with a variance, in all districts, in addition to any other
use, or uses limited, or regulated by the express regulations of each and
all districts.
(B) The following uses shall be allowed in all districts only with a
variance:
(1) Any use that is a nuisance per se.
(2) Any use that is or may become a nuisance or noxious or offensive by
reason of noise, vibrations, dust, spray, odor, fumes or smoke escaping
beyond the premises.
(3) Any use from which the sanitary and other liquid wastes cannot be
confined and disposed of upon the premises without danger to health of
safety.
(4) Any industry normally classified as a heavy industry.
(5) Storage above the ground in more than 50 gallon quantity of fuel oil,
gasoline or volatile oils.
(6) Trailer court.
(7) Basement homes.
(8) Temporary building shelter or tent, whether fixed or movable, used for
dwelling or other purposes unless a permit therefore has been issued by the
Board of Zoning Appeals.
(9) Boarding houses.
(10) Outdoor theater.
(11) Manufacture, processing or storage in quantity of acid, ammonia,
matches, pyroxlin, fireworks, celluloid, paint, explosives, or other
explosive, flammable or corrosive products or material.
(12) Manufacture of processing asphalt, creosote, tar or tar products,
fertilizer, glue, glue size or gelatin, lamp black, candles, oiled goods, or
linoleum, paper pulp, petroleum products, potash, washing soda, printing
ink, tobacco, vinegar, sauerkraut or pickle products.
(13) Slaughter house, packing house, wholesale or retail raising, storing or
dressing of live poultry.
(14) Bag cleaning.
(15) Flour mill.
(16) Cement, lime, gypsum or plaster of paris manufacture.
(17) Boiler works.
(18) Blast furnace.
(19) Brick, tile or terra cotta manufacture.
(20) Coke oven.
(21) Dextrine, glucose or starch manufacture.
(22) Distillery or brewery.
(23) Incineration, reduction or dumping of garbage, dead animals, offal or
refuse.
(24) Stockyards on the premises growing, grazing and feeding of farm
livestock.
(25) Truck storage and truck terminals.
(26) Storage of scrap paper, iron, bottles, rags, junk or scrapped
automobiles not as a by-product of and directly associated with a principal
and authorized use.
(27) Wrecking or dismantling of vehicles, other equipment of products.
(28) Refinery or smelting works.
(29) Any use which allows nude exhibition, or depictions of nudity in any
form, or which offends the standards of the community.
(30) All other uses which, in the opinion of the Board of Zoning Appeals,
are not in keeping or harmony with the provisions and purposes of this
Chapter.
152.137 PARKING AND LOADING REGULATIONS.
(A) General off-street parking requirements. In all districts where property
is devoted to an authorized use, and as part of such authority, the use of
an off-street parking space shall be provided for automobiles at such use.
(1) The required off-street parking space shall be in dimension and for a
quantity as required by this chapter.
(2) Where a front yard is required, such open area between the building and
front property line shall not be used as or devoted to an off-street parking
area.
(3) In computing the area necessary for any off-street parking, a minimum
space of 180 square feet shall be provided for each parking space required.
This minimum space shall be exclusive of areas used as aisles, driveways and
other means of access to the parking space.
(4) Each area devoted to off-street parking purposes shall have an open
means of ingress and egress with a public street or way.
(5) In a Residential District, the required off-street parking area for a
dwelling shall be on the same lot as the principal use. The off-street
parking area for all other uses in any district shall be on the same lot as
the principal use whenever reasonably possible.
(6) Except for dwellings, where off-street parking cannot be reasonably
provided on the same lot as the principal use, the required off-street
parking may be provided on other off-street, privately owned property within
300 feet; provided, such other property carries the same or lesser
classification as the property upon which the principal use is located. A
certificate of occupancy shall be required to locate off-street parking on
other property away from the principal use. Such other property, once
dedicated as a parking area for another use location, shall be deemed to be
compliance with this chapter but thereafter such use of the other property
shall not be changed, reduced or encroached upon in anyway without an
affirmative showing that the same is no longer necessary in whole or part as
an off-street parking area for the principal use to which it was originally
dedicated.
(7) In computing the parking space required for buildings occupied by or
designed for more than one use, the parking requirement for each must be
provided.
(8) Off-street parking areas for all uses, other than dwellings, shall be
graded and surfaced with some form of durable material subject to limitation
of division (A)(9) of this section.
(9) The surface of the ground over a tile field or other sanitary
installation may be used for an off-street parking area, but in no instance
shall such area over a tile field or other sanitary installation be pave
with concrete, asphalt or other solid surface.
(B) Minimum parking spaces or area required. A minimum of parking spaces or
a minimum of parking area shall be provided and maintained off-street for
respective new construction uses as follows:
(1) Dwellings - one space for each family dwelling.
(2) Schools - two spaces for each classroom at elementary schools and five
spaces for each classroom at high schools.
(3) Home occupations - two spaces additional.
(4) Automobile service stations - a minimum of two spaces, and where
greasing, repairs or washing is done on the premises, an additional two
spaces for each established gasoline pump.
(5) Furniture stores, appliance stores, auto or similar sales rooms - one
space for each two employees (including both proprietor and employees) and
an additional space for each 400 square feet of floor area occupied.
(6) Retail stores and shops - one space for each two employees and an
additional space for each 200 square feet of floor space.
(7) Professional business offices and personal service shops or
establishments - one space for each employee and an additional space for
each 100 square feet of floor space occupied.
(8) Restaurant, tea-room, taverns and other similar establishments - one
space for each two employees and an additional space for each two units of
seating capacity.
(9) Churches, community buildings, theaters, clubs, lodges, auditoriums,
gymnasiums and other similar places of assembly - one space for each three
units of seating capacity.
(10) Undertaking establishments - parking area equal to three times the
gross ground floor area of the establishment.
(11) Industrial establishments - one space for each for each two office
employees and one space for each three other employees.
(12) Where no express provision for parking spaces or area has been herein
made, the Building Commissioner or the Board of Zoning Appeals shall fix an
off-street parking requirement consistent with the requirements and
regulations of this section, but at least one space shall be provided for
each two employees, with a minimum of at least two spaces.
(C) Loading dock regulations. All business or industrial operations shall
provide and maintain a loading dock as follows:
(1) Any business use that receives or makes regular shipments of its
merchandise or commodity requiring a loading or unloading time or more than
five minutes or which has arrangements for the local delivery of its
merchandise or commodity shall provide and maintain a loading dock as herein
required.
(2) Such loading dock shall not be situated at or on the front of the
principal building.
(3) Such loading dock shall be wholly off-street and shall provide a loading
and unloading area on the premises of sufficient size to accommodate wholly
upon the premises all vehicles which will be receiving or making deliveries
at such dock.
(4) In no case shall such dock be so situated that the loading and unloading
area will extend into any required front yard or that any vehicle using the
dock shall extend into or stand upon any required front yard, street, alley
or other public way.
(5) Where, because of small or infrequent deliveries or shipments, the
establishment of a loading dock would work an unnecessary hardship, the
Board of Zoning Appeals may grant an certificate of occupancy waiving the
loading and unloading requirements herein established; provided, however,
that such waiver shall terminate with the occupancy to which it was granted
or may be withdrawn by the Board if such occupancy increases its use to an
extent where the enforcement of the loading and unloading regulations is
deemed necessary.
152.138 NONCONFORMING USES.
Any building or use lawfully existing at the time of the enactment of this
chapter which does not conform with the terms hereof or which may become
nonconforming because of a subsequent amendment to this chapter may be
continued subject to the following regulations:
(A) Any building under construction may be completed in accordance with the
original plans and specifications thereof.
(B) No building or use containing a nonconforming use shall hereafter be
extended unless such extension shall conform with the provisions of this
chapter for the district in which the same is located.
(C) Where no structural alterations are made to any building containing a
nonconforming use, such use may be changed to one of a similar or higher
classification, but no building in which a nonconforming use has been
changed to a more restricted use shall again be devoted to a less restricted
use.
(D) Structural alteration of a building or structure which does not conform
to the provisions of this chapter may be made where such alteration is for
the purpose of having such building conform to the requirements of the
district in which it is located.
(E) Any nonconforming building which is damaged by fire of other cause to an
extent of less than 90% of its market value may be repaired or restored to
its original condition and use within one year from the date of such damage,
but if such building is so damaged to an extent greater than 90% of its
market value, than such building shall not be repaired or restored except in
conformity with the provisions of this chapter.
(F) No nonconforming use may be reestablished where such nonconforming use
has been discontinued.
152.139 REMODELING OR COMBINING BUILDING FOR OTHER USES.
No building designed principally as a residence shall be remodeled or
altered or converted into or used as a business or industrial building and
no building or premises used in whole or part for industrial use shall be
used or occupied for residence purposes.
Penalty, see 152.999
152.140 SIDEWALKS.
As a condition precedent to the issuance of an improvement location permit
for a building or for a certificate of occupancy for a use without a
principal building, a concrete or other solid surface sidewalk along the
street lot line or lines may be required of a width and thickness of other
sidewalks already established in the vicinity and, if such condition is
temporarily waived, the owner, occupant or other person liable shall cause
the specified sidewalk to be established within 90 days of notice from the
Building Commissioner.
Penalty, see 152.999.
152.141 OBSTRUCTIONS.
(A) Obstructions to vision. No fence, wall, sign, shrubbery or other matter
shall be permitted, constructed, allowed or maintained upon any lot or in
any parkway which obstructs or will obstruct vision from one street to an
intersecting street at an approach of 30 feet to the nearest intersecting
street line, but this shall not prohibit construction which is otherwise
authorized.
(B) Removal of existing obstructions. Any sign or support for a sign
existing in the parkway between the street lot line and the traveled portion
of the street and any other unauthorized obstruction shall be removed and
eliminated or relocated within six months from the effective date of this
chapter.
Penalty, see 152.999.
ADMINISTRATION AND ENFORCEMENT
152.154 ADVISORY PLAN COMMISSION
(A) Commission established. There is hereby created a separate and distinct
board which shall be known and function as the Advisory Plan Commission for
the town. The membership of such Commission shall be in number, shall be
appointed, shall serve respective tenures of four years of staggered terms
and the Board shall have all the powers and authority and shall perform all
of the duties and functions as required, authorized, conferred, set-out or
provided in I.C. 36-7-4, as amended.
(B) Qualifications of members. Each member shall be qualified to serve as
provided by I.C. 36-7-4-207 and I.C. 36-7-4-216.
(C) Officers and employees. At the first meeting of each year, the Commission
shall elect a president, vice president from its members. The Commission
shall further appoint a secretary of the Commission, who may, but is not
required be a member pursuant to I.C. 36-7-4-304.
(D) By-Laws, rules and records. The Commission adopts by reference the Rules
of Procedure which have previously been adopted by the Commission.
152.155 BOARD OF ZONING APPEALS.
(A) Board established. There is hereby created a separate and distinct board
which shall be known and function as the Board of Zoning Appeals for the
town. The membership of such Board shall be in number, shall be appointed,
shall serve respective tenures of four years of staggered terms and the
Board shall have all the powers and authority and shall perform all of the
duties and functions as required, authorized, conferred, set-out or provided
in I.C. 36-7-4, as amended.
(B) Qualifications of members. Each member shall be qualified to serve as
provided by I.C. 36-7-4-901 and I.C. 36-7-4-905.
(C) Officers and employees. At the first meeting of each year, the Board of
Zoning Appeals shall elect a chairperson and vice-chairperson from its
members. The Board may appoint and fix the compensation of a secretary, an
attorney and such other employees as may be necessary for the discharge of
its duties, all in conformity to and compliance therefore fixed by the Town
Council. The members of the Board shall serve without compensation.
(D) By-Laws, rules and records. The Board of Zoning Appeals shall adopt
by-laws for its own business and procedure, and such rules concerning and
filing of appeals and applications for variances and exception, the giving
of notice and the conduct of hearings as shall be necessary to carry out
their several duties. A copy of such rules for appeal and all amendments or
revisions thereof from time to time shall be made, and the Board shall keep
minutes of its proceedings, and record the vote on all actions taken. All
minutes and records shall be filed in the office of the Board and shall be a
public record.
(E) Quorum; official action. A majority of the members of the Board of
Zoning Appeals shall constitute a quorum. No action of the Board shall be
official unless authorized by a majority of the Board.
(F) General powers and duties. In exercising its powers, the Board of Zoning
Appeals 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 matter under consideration, and to that end shall
have all the powers of the officer or board from whom appeal is taken. In
the performance of its functions, the Board shall:
(1) Hear and determine appeals from and review any order, requirement,
decision or determination made by an administrative official or board
charged with the enforcement of this chapter or any regulation thereof.
(2) Permit and authorize exceptions to district regulations in the classes
of cases or in particular situations as specified in Section 152.156.
(3) Hear and decide special exceptions to the terms of this chapter as
provided in Section 152.156.
(4) Authorize upon appeal in specific cases such variances form the terms of
this chapter relating to height, area, location and other regulations as
will not be contrary to the public interest, 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 the chapter shall
be observed and substantial justice done.
152.156 EXPRESS VARIANCES AND EXCEPTIONS AUTHORIZED.
The Board of Zoning Appeals, after public notice and hearing as herein
provided, shall have power to permit exceptions to and variances from the
regulations of this chapter as follows:
(A) Variances coming within Section 152.155(F)(4), where practical
difficulty or unnecessary hardships are shown to exist. Such showing shall
be the burden of the person seeking the relief.
(B) Permit in any Residential District the use of property and buildings
which are not otherwise authorized thereon, for telephone exchange, public
utility substation, water tower, reservoir, filter bed, treatment plant or
pumping station, sewage disposal or treatment plant, public park or
playground, public recreation or community building, public building used
for governmental purposes, passenger station, philanthropic or charitable
institutions, and private schools, academies or nurseries.
(C) Grant a permit for a period not exceeding two years in any Residential,
Business or Light Industrial District for a temporary building or use
incident to the permanent use, occupancy and development.
(D) Where a lot is immediately adjoined by a building that does not conform
to the use (or area) district regulations of the district in which such lot
is located, permit the modification of such use (or area) district
regulations to the extent deemed necessary to allow appropriate improvement
on such lot with due regard being given to the avoidance of serious injury
to neighboring property.
(E) Permit the location of an apartment building, hotel building, hospital,
rest home, convalescent establishment or other similar use in a General
Business or Light Industrial District only upon an affirmative showing by
the applicant that the premises may be safely and healthfully used and
occupied in the absence of a municipal sewerage service and that the
proposed location and use will not be injurious to surrounding properties or
detrimental to the public health, safety and welfare.
(F) Permit in any district any building or use deemed by the Board to be in
general keeping with and appropriate to the uses or buildings authorized in
such district.
(G) Permit, upon appropriate proceedings, any variance or exception, grant
any permit, allow the issuance of any certificates of occupancy or
improvement location permit, and determine any other matter for which
authority therefore is expressly conferred upon the Board of Zoning Appeals
by or in any other provision of this chapter.
(H) In considering any appeal and in making any determination pursuant with
the powers and authority herein granted, the Board of Zoning Appeals may
impose such conditions, limitations, safeguards, regulations or requirements
which in its discretion are deemed necessary to establish and retain the
varied or excepted use in harmony with the general purposes of this chapter
and not injurious to the use of neighboring property or detrimental to the
public health, safety, convenience or welfare.
152.157 APPEAL FROM DECISION OF BOARD OR OFFICER.
(A) Persons who may appeal. Any person aggrieved by the requirement,
decision or determination made by an administrative official or board
charged with the enforcement or administration of this chapter may
separately or jointly file an appeal therefrom with the Board of Zoning
Appeals seeking any relief, variance, or exception under the jurisdiction of
the Board and within its powers as conferred in this chapter.
(B) Procedure for appeal. All appeals herein authorized shall comply with
the rules of appeal established by the Board, a copy of which is on file
with the Clerk-Treasurer; and any appeal shall be filed in the form, within
the time, upon such notices and in accordance to the procedure and manner
prescribed by such rules of appeal.
(C) Notice of appeal. The person taking an appeal shall and must assume full
responsibility for the giving, sufficiency, accuracy and costs of all
notices required on appeal. Public notice shall be given additionally as
provided in Section 152.158, and notice shall be given additionally to
interested parties as provided by the rules of appeal established by the
Board.
(D) Time of hearing. Each appeal shall be heard within a reasonable time
from the filing thereof. The time of hearing may be fixed by the rules of
the Board or the appeal may be specially set for hearing.
(E) Hearing on appeals. Each appeal shall be heard and decided in accordance
to the procedure providing for the conduct thereof as established by such
rules of appeal.
(F) Decision on appeal. The Board may continue, postpone or take under
advisement any hearing or decision. In its decision on any appeal, the Board
of Zoning Appeals shall exercise only those powers as granted or conferred
in this chapter.
(G) Stay of work pending appeal. When an appeal is filed as herein provided,
all proceedings and work on the premises shall be immediately stayed unless
the official or board from whom the appeal is taken shall certify to the
Board of Zoning Appeals that, by reason of facts stated in the certificate,
a stay would cause imminent peril to life or property. In such case,
proceedings or work shall not be stayed except by a restraining order which
may be granted by the Board of Zoning Appeals or by the Benton County
Circuit Court, on application, on notice to the officer or board from whom
appeal is taken and the owner of the premises affected and on due cause
shown.
(H) Authority to stay work. After the owner or his or her agents or a
corporation in charge of the work on the premises affected have received
notice that an appeal has been filed with the Board of Zoning Appeals, the
board or officer charged with the enforcement of this chapter shall have
full power to order the work discontinued or stayed and to call upon the
police power of the town to give full force and effect to the order.
(I) Review by certiorari. Every decision of the Board of Zoning Appeals
shall be subject to review by certiorari filed in the Benton County Circuit
Court in compliance with the procedure as set out I.C. 36-7-4, as amended.
152.158 NOTICE OF PUBLIC HEARING.
(A) Contents, publication and posting of notices. Whenever public hearing is
required for the amendment of this chapter or for any proceeding or permit
requiring action by the Board of Zoning Appeals, for an appeal as herein
provided, or for any proceeding or approval of the Plan Commission requiring
public hearing, notice thereof shall be published one time in a newspaper of
general circulation published in Benton County and circulated in the town.
Such notice shall announce the time, date, and place of hearing, shall
declare the nature and purpose of the proceeding, shall describe the
property or premises concerned both by legal and general description, and
shall state with sufficient clarity the amendment, permit, approval, or
relief sought through the proceedings of which notice is given. In addition
to such requirements, a copy of such notice shall be posted in a conspicuous
place at or near the post office, at or near the town meeting place and at
one place in all other wards in the town. At the hearing, an affidavit shall
be filed by the person posting such notices stating the date and places of
posting and a publisher's affidavit shall be filed showing proof of
publication. All such notices are in lieu of there being no newspaper of
general circulation published in the town, and such notices shall be so
published and posted at least ten days prior to the date fixed for the
hearing concerned.
(B) Costs and accuracy of notices. The cost of publication and posting of
notice shall be borne by the person making application for the amendment,
exception, variance or other relief, and the responsibility for the giving,
sufficiency, and accuracy of such notices shall be solely upon such
applicant.
152.159 AMENDMENT PROCEDURE.
This chapter may be amended from time to time by the Town Council upon its
own motion or upon the petition of the Plan Commission or the petition of
interested owners. All amendments shall be in accordance with the procedure
provided in I.C. 36-7-4, as amended. Petitions requesting an amendment may
be presented to the Clerk-Treasurer by the Plan Commission or by the owners
of 50% or more of the area involved in the petition. Any proposed ordinance
for the amendment, supplement, change or repeal of the zoning ordinance not
originating from the petition of the Plan Commission shall be referred to
the Plan Commission for consideration, hearing and report before final
action is taken by the Town Council. All proposals for the amendment,
supplement, change or repeal of the zoning ordinance shall be presented by
the Plan Commission at a public hearing conducted by it pursuant to the
provisions of I.C. 36-7-4, as amended, and upon notice as required in this
chapter.
152.160 BUILDING COMMISSIONER(INSPECTOR) TO ENFORCE.
This chapter shall be enforced by the Building Commissioner of the Town, and
he or she may call upon the law enforcement officers or other officers of
the Town to assist him or her in the performance of his or her duties
hereunder.
152.161 CERTIFICATE OF OCCUPANCY; IMPROVEMENT LOCATION PERMIT.
(A) Certificate of occupancy.
(1) No building or premises shall be occupied or used for any purpose
authorized under the terms of this chapter until a certificate of occupancy
shall have been issued by the Building Commissioner. Any person desiring to
use or occupy a building or premises for a purpose for which no certificate
of occupancy is on file shall make application to the Building Commissioner.
The Building Commissioner, upon verifying that such occupancy is authorized
under the provisions of this chapter, shall issue his certificate to such
effect.
(2) A copy of all certificates hereafter issued shall be permanently kept on
file and shall be reissued without application to any subsequent owner or
tenant desiring to occupy the building or premises for the same purpose, but
any change in the occupancy of any building or premises or part thereof
shall require the making of an application and issuance of a certificate of
occupancy as provided in this section.
(B) Improvement location permit required. No improvement location permit
shall be issued by the Building Commissioner and no permit for the
excavation for or erection or alteration of any building shall be issued
before the application has been made and approved for a certificate of
occupancy in compliance with this chapter and no building or premises shall
be occupied until such certificate has been issued as herein provided.
(C) Application for improvement location permit. Before the erection or
alteration of any building or structure is commenced or any excavation
therefore is started, an application shall be made upon prescribed forms for
the purpose of securing an improvement location permit. The Board of Zoning
Appeals shall prescribe a form upon which shall be described the lot with
setback, side yard, rear yard, parking spaces and other requirements in
accordance with the terms of this chapter for a use for which a certificate
of occupancy is in existence. Such application shall be made by the owner of
the premises or a person lawfully authorized to act on behalf of the owner.
The owner shall bind himself or herself and dedicate the described property
to the location of the improvement in all details and respects as set out in
the application. The Building Commissioner, on verification that the
building as described in the application complies with the terms of this
chapter, shall issue an improvement location permit and place a copy thereof
permanently on file. After the issuance of such permit, no change or
modification shall be made in the location of such building as dedicated in
the application therefore without further and express authority in
accordance with the procedure as hereinbefore provided.
(D) Compliance with other ordinances. It is hereby made a condition to the
issuance of any certificate of occupancy or any improvement location permit
that all other ordinances of the Town relating to the construction,
alteration or repair of buildings and the sanitary facilities therefor have
been and will continue to be strictly complied with in regard to such
occupancy or location.
(E) Fees for certificates or permits. Before the issuance of any certificate
or permit provided for in this section, the following fee shall be paid to
the Building Commissioner who shall account for the fee to the
Clerk-Treasurer:
Classification
Fee
Dwelling Permit
$25
Multiple Dwelling
$25 per unit
Mobile Home
$25
Private Garage
$10
Addition to Dwelling $10
Commercial Building or Addition to The greater of $10 or
$1 per $1000 of estimated cost
152.162 COPIES OF CHAPTER.
The Town Clerk shall cause this chapter to be made available to persons
desiring the same upon payment to the Clerk-Treasurer of a $.25 charge for
each page desired.
152.163 ACCOUNTING AND DEPOSIT OF FEES AND CHARGES RECEIVED.
(A) Accounting for fees received. All fees, charges or other funds,
excepting deposits for publication charges or costs, paid under this
chapter, if not paid directly to the Clerk-Treasurer, shall be accounted for
by the person receiving the same and paid over to the Clerk-Treasurer.
(B) Deposit of fees received. All monies coming into the hands of the
Clerk-Treasurer under this chapter shall be accounted for and deposited to
the credit of the General Fund.
152.164 VIOLATIONS DECLARED NUISANCES.
Any building or structure erected, raised or converted or land or premises
used in violation of any provision of this chapter or regulation herein
contained shall constitute a common nuisance and the owner of the building,
land or premises shall be liable for maintaining a common nuisance.
Penalty, see 152.999.
152.165 ENFORCEMENT BY INJUNCTION.
The Plan Commission, the Board of Zoning Appeals or the Building
Commissioner may institute a suit for injunction to restrain an individual
or a governmental unit from violating the provisions of this chapter or any
of the regulations thereof. The Plan Commission or the Board of Zoning
Appeals may also institute a suit for a mandatory injunction directing an
individual or a governmental unit to remove a structure erected in violation
of the provisions of this chapter or any of the regulations thereof.
152.999 PENALTY.
(A) The owner of a building or premises, or the general agent thereof, where
a violation of any provision or regulation of this chapter exists, or the
lessee or tenant of an entire building or entire premises where such
violation has been committed or shall exist, or the owner, agent, lessee,
tenant or occupant of any part of the building or premises in which such
violation has been committed or shall exist, or the agent of the owner,
architect, builder, contractor, subcontractor, employee or any other person
who commits, takes part in or who assists in any such violation or who
maintains any building or improvement or use of any premises in violation of
this chapter or any part or regulation thereof shall be deemed guilty of a
Class C infraction and, upon conviction, shall be fined $100 for each
violation, and required to take steps necessary to be in compliance.
(B) Each day that a violation of this chapter exists, continues or is
repeated shall constitute a separate violation.
Fowler Town Hall • 307 E. 5th St. • Fowler, IN 47944 • (765)884.0570 • Fax :(765)884.8211
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