Chapter 18.160 DEVELOPMENT STANDARDS

This division contains development standards that are arranged by category. There are two ways to determine which development standards apply to a specific zoning district. They are:

(A) “Additional Development Standards” Sections. Refer to the chapters in Division II of this title, Zoning Districts, for a specific zoning district. In the “Additional development standards” section for that specific zoning district are listed section numbers that determine which development standards apply. Only the section numbers noted in the “Additional development standards” section apply to that zoning district.

Example: In Chapter 18.40 AMC, the section number “AMC 18.164.010” can be found under the “Additional development standards” section in the R1 district. Therefore, the development standards in the section labeled “AMC 18.164.010” (in Chapter 18.164 AMC) would apply to the R1 zoning district.

(B) District Abbreviations. Refer to the abbreviations used at the top of each development standard section in this division. Each development standard section begins with a section number and introductory sentence followed by zoning district abbreviations (e.g., R1 for the low density single-family residential district). These zoning district abbreviations note that the development standards written in that section apply to that zoning district.

Example: In Chapter 18.164 AMC, the R1 abbreviation can be found under the AMC 18.164.010 development standard section. Therefore the language in AMC 18.164.010 would apply to the R1 district.

[Ord. 1746-2023; Ord. 1352-2010; Ord. 1286-2008. UDO § 5.01.]

18.160.020 Abbreviation key.

PR	Parks and Recreation District
AG	Agricultural District
AC	Agricultural Commercial District
ER	Estate Residential District
R1	Low Density Single-Family Residential District
R2	Medium Density Single-Family Residential District
R3	High Density Single-Family Residential District
R4	Multiple-family Residential District
R5	High Density Multiple-Family Residential District
TR	Traditional Residential District
LR	Lake Residential District
MH	Manufactured Home Residential District
UV	University District
IS	Institutional District
NC	Neighborhood Commercial District
DC	Downtown Commercial District
C1	Small to Medium General Commercial District
C2	Medium to Large General Commercial District
HC	Highway Commercial District
I1	Low Intensity Industrial District
I2	Medium Intensity Industrial District
I3	High Intensity Industrial District
HI	High Impact District

[Ord. 1746-2023; Ord. 1286-2008. UDO § 5.02.]

18.160.030 Accessory dwelling standards.

This accessory dwelling standards section applies to the following zoning district: ER.

The intent of the accessory dwelling standards is to provide an opportunity for an accessory dwelling while ensuring that specific conditions are met to protect the health, safety, and welfare of the residents within the zoning jurisdiction of the city. The following standards apply:

(A) Applicability. An accessory dwelling shall meet the applicable setbacks for accessory structures and structure height for accessory structures as indicated in the chapter.

(1) Minimum Front Yard Setback. The minimum front yard setback shall be as indicated in the applicable chapter in Division II of this title, Zoning Districts.

(2) Minimum Side Yard Setback. The minimum side yard setback shall be as indicated in the applicable chapter in Division II of this title, Zoning Districts.

(3) Minimum Rear Yard Setback. The minimum rear yard setback shall be as indicated in the applicable chapter in Division II of this title, Zoning Districts.

(4) Maximum Structure Height. The maximum structure height shall be as indicated in the applicable chapter in Division II of this title, Zoning Districts.

(B) Permits. An improvement location permit shall be required prior to the construction of an accessory dwelling or the conversion of an accessory structure to an accessory dwelling.

(C) Types. An accessory dwelling may be permitted on a lot only if the primary structure (primary dwelling) is owner-occupied.

(1) Permitted. An accessory dwelling shall include a guest house, mother-in-law suite, or any single dwelling unit.

(2) Prohibited. A mobile home, manufactured home, recreational vehicle, semi-tractor trailer, boat, motor vehicle, or trailer; in part, in whole, or of the like, shall not be permitted as an accessory dwelling.

(D) Relationship.

(1) Use. An accessory dwelling shall be accessory to the primary structure (primary dwelling).

(2) Timing. An accessory dwelling shall not be built on a lot prior to the construction of the primary structure (primary dwelling).

(E) Quantity and Size.

(1) Maximum Number. No more than one accessory dwelling shall be permitted on a lot, and it shall consist of one unit.

(2) Maximum Size. An accessory dwelling shall be a minimum of 800 square feet, but shall not exceed the square footage of the primary structure (primary dwelling).

(F) Design.

(1) Attachment. The accessory dwelling may be attached to or detached from the primary structure (primary dwelling).

(2) Minimum Components. The accessory dwelling shall contain bathroom, kitchen, and sleeping facilities.

(3) Driveway. An accessory dwelling shall utilize the driveway of the primary structure (primary dwelling).

(4) Parking. Off-street parking for an accessory dwelling shall comply with requirements for a dwelling unit in Chapter 18.176 AMC, Parking Standards.

(5) Utilities. An accessory dwelling shall utilize the utility connections that serve the primary structure (primary dwelling).

(6) Home Business. For the purpose of a home business, an accessory dwelling shall be considered a dwelling, not an accessory structure. Therefore, a home business that complies with AMC 18.160.220 through 18.160.240, Home business standards, may be conducted within an accessory dwelling.

(7) Exemptions. An accessory dwelling shall be exempt from complying with AMC 18.160.040 through 18.160.060, Architectural standards, and Chapter 18.172 AMC, Landscaping Standards.

(8) Accessory Structures.

(a) For the purpose of accessory structures, an accessory dwelling shall be considered accessory to the primary structure (primary dwelling). The accessory dwelling shall not be permitted to have its own accessory structures; all accessory structures on the lot shall be considered accessory to the primary structure (primary dwelling).

(b) Accessory dwellings shall not count towards the maximum number and maximum size standards for accessory structures included in Chapter 18.164 AMC, Accessory Structure Standards.

(9) Physical Appearance. The exterior finish and façade of any accessory dwelling shall match, closely resemble, or significantly complement the materials and colors used on the primary structure (primary dwelling). [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.03.]

18.160.040 Architectural standards – Residential and neighborhood commercial.

This architectural standards section applies to the following districts: ER, R1, R2, R3, R4, MH, NC.

The intent of the architectural standards is to protect the health, safety, and welfare of the residents of the city by maintaining the community’s character and improving the quality of life within the zoning jurisdiction of the city. The following standards apply:

(A) Project Applicability. Architectural details consistent with the requirements of this title shall be required when an improvement location permit for a new primary structure is obtained.

(B) Architectural Elements.

(1) Front Façade. The front façade of single-family and two-family dwellings shall be parallel or 30 degrees of parallel to the street to which the dwelling gains primary access, except as described below:

(a) On corner lots, the front façade may face either street.

(b) A single-family dwelling that is set back 200 feet or more from the street to which the dwelling gains primary access may orient the front façade up to 90 degrees from parallel to that street.

(2) Roof.

(a) The minimum pitch shall be five vertical units to twelve horizontal units (5:12 pitch).

(b) Single-family and two-family dwellings shall have eaves or overhangs a minimum of nine inches from the façade’s siding material on at least 80 percent of the roof line. The eave or overhang shall be measured after the installation of masonry.

(3) Garages.

(a) A one-car attached garage shall be required for all single-family dwellings, and a one-car attached garage shall be required for each unit in a two-family dwelling.

(b) Front-loading garages shall not be located in front of the main living area of the dwelling by more than eight feet.

(C) Mechanical Equipment. Mechanical equipment, central air conditioner units located on the ground, propane tanks, and the like shall not be located in front of the front façade. On corner lots this standard applies to each façade that faces a street. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.17.]

18.160.050 Architectural standards – Traditional residential and lake residential.

This architectural standards section applies to the following districts: TR, LR. The following standards apply:

(A) Project Applicability. Architectural details consistent with the requirements of this title shall be required when an improvement location permit for a new primary structure is obtained.

(B) Architectural Elements.

(a) On corner lots, the front façade may face either street.

(b) A single-family dwelling that is set back 200 feet or more from the street to which the dwelling gains primary access may orient the front façade up to 90 degrees from parallel to that street.

(2) Roof.

(a) The minimum pitch shall be five vertical units to twelve horizontal units (5:12 pitch).

(3) Garages.

(a) A one-car garage, attached or detached, shall be required for all single-family dwellings, and a one-car attached garage shall be required for each unit in a two-family dwelling.

(b) Front-loading garages shall not be located in front of the main living area of the dwelling by more than eight feet.

18.160.060 Architectural standards – Commercial.

This architectural standards section applies to the following districts: IS, C1, C2, HC. The following standards apply:

(A) Project Applicability. Architectural details consistent with the requirements of this title shall be required when an improvement location permit for a new primary structure is obtained.

(B) Architectural Features.

(1) Front Façade. The front façade shall face the street to which the business gains primary access, except on corner lots, the front façade may face either street.

(2) Other Façades.

(a) Any façade that faces a right-of-way shall be finished to a standard similar to the architectural quality of the front façade, including building materials, architectural detail, windows, and faux windows.

(b) Long façades (30 feet or greater) or large areas (420 square feet or greater) of a façade without visual relief shall not be permitted. Visual relief may include a faux window, column, a change in materials, or any change of the plane of the façade.

(3) Entries. A building greater than 15,000 square feet in area shall have clearly defined, highly visible customer entrances with at least two of the following features:

(a) Canopies or porticoes.

(b) Overhangs.

(d) Raised corniced parapets over the door.

(e) Peaked roof forms.

(f) Arches.

(g) Outdoor patios.

(h) Architectural details such as tile work and moldings that are integrated into the building structure and design.

(i) Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.

(j) Columns.

(k) Awnings.

(l) Enframed window walls.

(C) Site Planning and Layout. Lineal or strip development shall incorporate variation in building height, building mass, roof forms, and changes in wall planes. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.19.]

18.160.070 Confined feeding standards.

This confined feeding standards section applies to the following districts: AG.

The intent of the confined feeding standards is to protect the health, safety, and welfare of residents in the zoning jurisdiction of the city by regulating the placement and operation of confined feeding beyond standards required by state and federal agencies. The following standards apply:

(A) Minimum Distance From Existing Uses. All confined feeding facilities, including animal barns or sheds, lagoons, animal mortality facilities, parking areas, truck maneuvering areas, and accessory structures, shall meet the following standards:

(1) Residential. The minimum separation to an existing residential use shall be 1,300 feet measured from foundation to foundation.

(2) Institutional. The minimum separation to an existing institutional use shall be 1,300 feet measured from foundation to foundation.

(3) Retail, Restaurant, or Entertainment Related Businesses. The minimum separation to an existing retail, restaurant, or entertainment related business use shall be 1,200 feet measured from foundation to property line. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.20.]

18.160.080 Density and intensity standards.

This density and intensity standards section applies to the following districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI.

The intent of the density and intensity standards is to protect the health, safety, and welfare of residents through the establishment of maximum density and maximum land use intensity requirements. The following standards apply:

(A) Applicability. If a density or intensity standard does not appear in the chapter in Division II of this title, Zoning Districts, for a zoning district, then a density or intensity standard shall not apply to that particular zoning district.

(1) Maximum Density. The maximum density shall be as indicated in the applicable chapter in Division II of this title, Zoning Districts.

(2) Maximum Lot Coverage. The maximum lot coverage shall be as indicated in the applicable chapter in Division II of this title, Zoning Districts. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.21.]

18.160.090 Driveway standards – General.

This driveway standards section applies to the following zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI.

The intent of the driveway standards is to ensure the placement of driveways protects the health, safety, and welfare of the residents within the zoning jurisdiction of the city. The following standards apply:

(A) Project Applicability. Any new or expanded access to a right-of-way intended for vehicular or farm equipment use shall be considered a driveway and shall meet the driveway standards of this title.

(1) Residential Limits. Access to four or more single-family lots or access to four or more dwelling sites within a manufactured home park shall be established as a public or private street and shall meet the applicable standards within the City of Angola’s construction standards.

(2) Nonresidential Limits. Access to four or more nonresidential lots that conveys over 2,000 vehicles on average per day shall be established as a public or private street and meet the applicable standards within the City of Angola’s construction standards.

(B) Cross-Reference.

(1) Street Classification. The classification of streets shall be based on the pavement management system of the Angola Street Department. In addition, all state and federal highways shall be designated arterial streets.

(2) Construction Standards. Driveways constructed within the zoning jurisdiction of the city shall meet or exceed the City of Angola’s construction standards.

(C) Permits. A driveway permit from the City of Angola shall be required for all driveway cuts onto public streets within the zoning jurisdiction of the city. The Engineering Department reviews and issues the driveway permit.

(1) State and Federal Highways. An Indiana Department of Transportation permit shall be required as a prerequisite to the City of Angola’s driveway permit for all driveway cuts onto state or federal highways.

(2) Extraterritorial Jurisdiction. Written approval from the Steuben County Highway Department shall be required as a prerequisite to the City of Angola’s driveway permit for all driveway cuts onto public streets within the city’s extraterritorial jurisdictional area.

(D) Measurement Rules.

(1) Between Driveway and Street Intersection. The distance between a driveway and a street intersection shall be determined by measuring from the edge of pavement of the driveway to the nearest right-of-way line of the street that is parallel or mostly parallel to the driveway. This measurement shall be taken at the right-of-way line of the street to which the driveway gains access.

(2) Between Driveways. The distance between driveways shall be determined by measuring from the edge of pavement of one driveway to the nearest edge of pavement of the other driveway at the right-of-way line of the street to which the driveways gain access.

(3) Driveway Width. The width of a driveway shall be determined by measuring from one edge of the pavement to the other edge of the pavement at the right-of-way line of the street to which the driveway gains access.

(E) Positioning.

(1) Alignment. The centerline of two driveways accessing an arterial or collector street from opposite sides of the street shall align with each other, or shall meet the separation requirements.

(2) Clear Vision of Driveways. All driveways shall be located to reasonably prevent collisions with intersecting traffic.

(a) Driveways gaining access to streets with a posted speed limit of 30 miles per hour or less shall be located such that they are visible by a driver for at least 60 feet after cresting a hill, rounding a curve, or passing any other physical barriers that prevent clear vision.

(b) Driveways gaining access to streets with a posted speed limit of 35 miles per hour to 45 miles per hour shall be located such that they are visible by a driver for at least 200 feet after cresting a hill, rounding a curve, or passing any other physical barriers that prevent clear vision.

(c) Driveways gaining access to streets with a posted speed limit of 50 miles per hour or higher shall be located such that they are visible by a driver for at least 200 feet after cresting a hill, rounding a curve, or passing any other physical barriers that prevent clear vision.

(3) Additional Separation. The Zoning Administrator or the City Engineer may deny a proposed driveway location or require additional separation due to other safety concerns, including but not limited to width of the right-of-way, width of the public street, condition of the public street, lack of shoulder, natural or manmade hazards, adverse shadowing from natural or manmade features, and adverse drainage on or around the public street.

(F) Discretion. The Zoning Administrator, City Engineer, or Technical Advisory Committee may determine if public improvements such as acceleration lanes, deceleration lanes, passing blisters, wider shoulders or approaches, frontage streets, or other improvements are necessary. See AMC 18.160.350, Public improvement standards. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.22.]

18.160.100 Driveway standards – Agricultural.

This driveway standards section applies to the following zoning districts: AG, AC. The following standards apply:

(A) Separation.

(1) From an Intersecting Street. A driveway shall not be permitted to be installed within 100 feet of any intersecting street (see “A” in the illustration below).

(2) From Another Driveway. A driveway shall not be permitted to be installed within 60 feet of another driveway (see “B” in the illustration below).

(B) Width. A driveway shall not exceed 30 feet in width.

(D) Setback. All driveways shall be set back at least 10 feet from side property lines. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.23.]

18.160.110 Driveway standards – Residential.

This driveway standards section applies to the following zoning districts: ER, R1, R2, R3, R4, R5, TR, LR, MH. The following standards apply:

(A) Separation.

(1) From a Street Intersection. A driveway shall not be permitted to be installed:

(a) Within 150 feet of any intersecting street if access is along an arterial or collector street (see “A” in the illustration below).

(b) Within 100 feet of any intersecting street if access is along a local street (see “A” in the illustration below).

(c) If the lot is not large enough to achieve the required separation, then the driveway shall be installed at the location farthest from the intersection.

(d) Under no circumstances shall a driveway be permitted within 60 feet of any street intersection.

(2) Between Driveways. Unless a shared driveway is established, two or more driveways shall not be permitted to be installed:

(a) Within 100 feet of each other if access is along an arterial or collector street (see “B” in the illustration below).

(b) Within 16 feet of each other if access is along a local street (see “B” in the illustration below).

(B) Width. A driveway shall be at least nine feet wide, but shall not exceed 10 feet per lane and 20 feet overall.

(C) Materials. Driveways shall consist of asphalt, concrete, or other non-porous material approved by the Zoning Administrator.

(D) Setback. Driveways shall be set back at least three feet from side property lines unless a shared driveway is established.

(E) Shared Driveway.

(1) Easement Required. Shared driveways shall be permitted, but they shall be placed in a shared driveway easement per AMC 18.156.060, Easement standards.

(2) Width. Shared driveways shall not exceed 20 feet in width. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.24.]

18.160.120 Driveway standards – Commercial and nonresidential.

This driveway standards section applies to the following zoning districts: PR, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI. The following standards apply:

(A) Separation.

(1) From a Street Intersection. A driveway shall not be permitted to be installed:

(a) Within 150 feet of any intersecting street if access is along an arterial or collector street (see “A” in the illustration below).

(b) Within 100 feet of any intersecting street if access is along a local street (see “A” in the illustration below).

(c) If the lot is not large enough to achieve the required separation, then the driveway shall be installed at the location farthest from the intersection.

(d) Under no circumstances shall a driveway be permitted within 60 feet of any street intersection.

(2) Between Driveways. Two or more driveways shall not be permitted to be installed:

(a) Within 100 feet of one another if access is along an arterial or collector street (see “B” in the illustration below).

(b) Within 45 feet of one another if access is along a local street (see “B” in the illustration below).

(B) Width. A driveway shall be at least nine feet wide, but shall not exceed 10 feet per lane and 30 feet in overall width.

(C) Materials. Driveways shall consist of asphalt, concrete, or other non-porous material approved by the Zoning Administrator.

(D) Setback. Driveways shall be set back at least 10 feet from side property lines. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.25.]

18.160.130 Environmental standards.

This environmental standards section applies to the following zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI.

The intent of the environmental standards is to protect the health, safety, and welfare of residents of the zoning jurisdiction of the city by providing for the protection of air, soil, and water quality on a local level. The following standards apply:

(A) Cross-Reference. See AMC 18.160.400 through 18.160.420, Storage tank standards.

(B) Prohibitive Geology. A lot or portions thereof shall be unsuitable for structures when it contains any of the characteristics listed below. Structures may be permitted if an engineered site plan is submitted and approved by the Technical Advisory Committee. Such engineered site plan shall show and commit to adequate measures for erosion control; minimum site disturbance; soil stability for structural load; stormwater management; aesthetic treatment of engineered structures; and final landscaping.

(1) Slope. Predevelopment or post-development slopes greater than 20 percent.

(2) Rock. Adverse rock formations.

(3) Soil. Adverse soils.

(4) Stability Limitations.

(a) Has a low loading rate.

(b) Has a low weight-bearing strength.

(c) Has any other feature which will significantly accelerate the deterioration of a structure or significantly reduce the structure’s stability.

(1) Generally. A use shall not discharge fly ash, dust, smoke, vapors, noxious toxic or corrosive matter, or other air pollutants in such concentration as to conflict with public air quality standards or be detrimental to humans, animals, vegetation, or property.

(2) Outdoor Burners. Outdoor wood burners and corn burners shall not discharge ash, smoke, or fine particulate matter such that it is detectable beyond the lot lines of the lot on which it is located.

(D) Soil and Water Quality.

(1) Erosion Control.

(a) Developments shall be in compliance with the City of Angola’s stormwater management ordinance. (See Chapter 13.15 AMC.)

(b) Developments shall be in compliance with the filing requirements for erosion control on construction sites as in 327 IAC 15-5 (Rule 5), when applicable.

(c) Sedimentation in adjoining surfaces, drainage systems, and watercourses caused from the development of a lot or use shall not be permitted. If such sedimentation occurs, it shall be the responsibility of the owner of the developed lot or use to remove the sedimentation.

(2) Fill. All fill materials shall be free of environmentally hazardous materials, and the Zoning Administrator or the city’s MS4 Coordinator may request representative samples of the fill for testing purposes.

(3) Production. No use shall produce pollutants in such a quantity as to pollute soils, water bodies, adjacent properties, or conflict with public water standards.

(4) Storage. No use shall accumulate within the lot or discharge beyond the lot lines any waste, debris, refuse, trash, discarded construction materials, discarded appliances, scrap metals, or rotting wood that are in conflict with applicable public health, safety, and welfare standards unless expressly permitted by this title.

(5) Disposal. No waste materials such as garbage, rubbish, trash, construction material, gasoline, oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity, or temperature that it may contaminate, pollute, or harm the waters or soils shall be deposited, located, stored, or discharged on any lot unless expressly permitted by this title.

(E) Environmental Feature Protective Setback. Primary structures, accessory dwellings, storage-based accessory structures, and support-based accessory structures shall be at least 25 feet from the delineated boundary of a wetland or the edge of the water at normal pool of a lake, pond, creek, stream, or river. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.26.]

18.160.140 Fence and wall standards – General.

This fence and wall standards section applies to the following zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI.

The intent of the fence and wall standards is to ensure neighborliness, visibility, and aesthetic quality; and to protect the health, safety, and welfare of the residents of the zoning jurisdiction of the city. The following standards apply:

(A) Cross-Reference.

(1) Vision Clearance. Fences and walls shall meet all vision clearance standards in AMC 18.160.520, Vision clearance standards.

(2) Covenants. Property owners within subdivisions are advised to investigate applicable declaration of covenants which may impose greater restrictions than are found in this title. The stricter standard shall apply to lots with covenants.

(B) Permits. An improvement location permit shall be required prior to the installation of a fence or wall unless the fence meets one of the exemptions below.

(1) Agricultural. Containment fences for livestock shall be exempt from obtaining an improvement location permit, but shall still meet all the applicable fence and wall standards.

(2) Noncontainment Fences. Noncontainment fences, such as split rail fences, that are three feet or less in height, that are located in the front yard, and serve primarily decorative purposes shall be exempt from obtaining an improvement location permit, but shall still meet all the applicable fence and wall standards.

(3) Privacy Partitions. Privacy partitions located around decks and patios which do not exceed 24 lineal feet shall be exempt from obtaining an improvement location permit, but shall still meet all the applicable fence and wall standards.

(1) Presentation. Fences and walls shall present the nonstructural face outward.

(2) Property Line. Fences and walls shall be permitted on the property line, but if not on the property line shall be at least two feet from the property line so both sides of the fence can be maintained by the owner of the fence.

(3) Easement. No fence or wall shall be located within an easement unless written permission from the easement holder has been granted.

(D) Height Exemptions. Fences that surround sport courts shall be exempt from the maximum height regulations, but shall meet the applicable setback standards in Division II of this title, Zoning Districts, for the accessory structure with which they are associated.

(E) Maintenance. All fences and walls shall be properly maintained and kept in good condition. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.27.]

18.160.150 Fence and wall standards – Parks and recreation.

This fence and wall standards section applies to the following zoning districts: PR. The following standards apply:

(A) Types.

(1) Permitted Materials. Wood, composite wood, stone, masonry, wrought iron, decorative metal, and PVC shall be permitted materials for fences and walls. Vinyl, zinc, or powder coated chain link and galvanized chain link shall only be permitted materials for fences and walls that surround swimming pools, sport courts, or similar recreational amenities.

(2) Prohibited Materials. Fences and walls shall not incorporate barbed wire, above-ground electrified wires, razor wire, glass, sharpened top spikes, or similarly hazardous materials.

(B) Location.

(1) Front Yards. Only fences that are decorative in nature, do not serve as an enclosure, and are three feet or less in height shall be permitted in front yard.

(2) Side and Rear Yards. Fences and walls shall be permitted in side and rear yards.

(1) Front Yards. Fences and walls shall not exceed three feet in height.

(2) Side and Rear Yards. Fences and walls shall not exceed six feet in height. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.28.]

18.160.160 Fence and wall standards – Agricultural.

This fence and wall standards section applies to the following zoning districts: AG, AC. The following standards apply:

(A) Types.

(1) Permitted Materials. Wood, composite wood, stone, masonry, wrought iron, decorative metal, PVC, vinyl, zinc, or powder-coated chain link, and galvanized chain link shall be permitted materials for fences and walls. Chicken wire, wire mesh, agricultural wire, and fences that incorporate barbed wire or above-ground electrified wires shall only be permitted materials for fences that are used for the containment of livestock or to surround fields.

(2) Prohibited Materials. Fences and walls shall not incorporate razor wire, glass, sharpened top spikes, or other similarly hazardous materials.

(B) Location.

(1) Front Yards. Fences and walls shall be permitted in the front yard if one of the following conditions is met:

(a) The fence or wall is decorative in nature, does not serve as an enclosure, and is three feet or less in height.

(b) The fence is for the containment of livestock.

(2) Side and Rear Yards. Fences and walls shall be permitted in side and rear yards.

(1) Front Yards. Fences and walls shall not exceed three feet in height; except containment fences and fences around fields shall not exceed six feet in height within the front yard.

(2) Side and Rear Yards. Fences and walls shall not exceed eight feet in height. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.29.]

18.160.170 Fence and wall standards – Residential and university.

This fence and wall standards section applies to the following zoning districts: ER, R1, R2, R3, R4, R5, TR, LR, MH, UV. The following standards apply:

(A) Types.

(1) Permitted Materials. Wood, composite wood, stone, masonry, wrought iron, decorative metal, PVC, vinyl, zinc, or powder coated chain link, and galvanized chain link shall be permitted materials for fences and walls.

(2) Prohibited Materials. Fences and walls shall not incorporate chicken wire, mesh wire, agricultural wire, metal or plastic slats within chain links, barbed wire, above-ground electrified wires, razor wire, glass, sharpened top spikes, or similarly hazardous materials.

(B) Location.

(1) Front Yards. Only fences that are decorative in nature, do not serve as an enclosure, and are three feet or less in height shall be permitted in the front yard.

(2) Side and Rear Yards. Fences and walls shall be permitted in side and rear yards.

(1) Front Yards. Fences and walls shall not exceed three feet in height.

(2) Side and Rear Yards. Fences and walls shall not exceed six feet in height. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.30.]

18.160.180 Fence and wall standards – Institutional and commercial.

This fence and wall standards section applies to the following zoning districts: IS, NC, DC, C1, C2, HC. The following standards apply:

(A) Types.

(B) Location.

(1) Front Yards. Fences and walls shall not be permitted in front yards.

(2) Side and Rear Yards. Fences and walls shall be permitted in side and rear yards.

18.160.190 Fence and wall standards – Industrial and high impact.

This fence and wall standards section applies to the following zoning districts: I1, I2, I3, HI. The following standards apply:

(A) Types.

(2) Prohibited Materials. Fences and walls shall not incorporate chicken wire, mesh wire, agricultural wire, metal or plastic slats within chain links, above-ground electrified wires, glass, sharpened top spikes, or similarly hazardous materials. While barbed wire and razor wire are generally not permitted materials, the Zoning Administrator may permit the use of barbed wire and razor wire in special circumstances (i.e., prison).

(B) Location.

(1) Front Yards. Fences and walls shall not be permitted in front yards.

(2) Side and Rear Yards. Fences and walls shall be permitted in side and rear yards.

18.160.200 Floor area standards.

This floor area standards section applies to the following zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI.

The intent of the floor area standards is to protect the health, safety, and welfare of residents and community character through the establishment of minimum floor area requirements. The following standards apply:

(A) Applicability. If a floor area standard does not appear in the chapter for a zoning district, then a standard does not apply to that particular zoning district.

(1) Minimum Main Floor Area. The minimum main floor area shall be per each chapter in Division II of this title, Zoning Districts.

(2) Maximum Main Floor Area. The maximum main floor area shall be per each chapter in Division II of this title, Zoning Districts.

(3) Minimum Dwelling Unit Size. The minimum dwelling unit size shall be per each chapter in Division II of this title, Zoning Districts. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.34.]

18.160.210 Height standards.

This height standards section applies to the following zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI.

The intent of the height standards is to ensure adequate fire and life safety protection for taller structures, and to protect the health, safety, and welfare of the residents in the zoning jurisdiction of the city. The following standards apply:

(A) Cross-Reference. See AMC 18.160.440 and 18.160.450, Telecommunication facilities standards.

(B) Applicability. If a height standard does not appear in the chapter for a zoning district, then a standard does not apply to that particular zoning district.

(1) Primary Structure. The maximum height for primary structures shall be per each chapter in Division II of this title, Zoning Districts.

(2) Accessory Structure. The maximum height for accessory structures shall be per each chapter in Division II of this title, Zoning Districts.

(3) Exceptions. The following types of structures or features shall be exempt or partially exempt from the maximum structure height standards, assuming they are permitted uses or structural features, as stated:

(a) Grain elevators and grain silos used for agricultural purposes may exceed the maximum structure height but shall not exceed 150 feet in height.

(b) Church steeples, bell towers, and religious symbols may exceed the maximum structure height but shall not exceed 200 percent of the height of the primary structure.

(c) Functional chimneys may exceed the maximum structure height but shall not extend more than 10 feet above the roof’s highest point.

(d) Awnings shall be constructed to allow clear passage beneath the awning. Specifically, no fabric, structure component, decorative element, or the like shall be less than eight feet above the surface beneath the awning.

(e) Public utility structures and private water towers may exceed the maximum structure height, but shall not exceed 150 feet.

(f) Roof-mounted antennas that are not located on the front roof plane may exceed the maximum structure height, but shall not exceed five feet over the maximum primary structure height or 10 feet above the primary structure’s height, whichever is less.

(g) Pole-mounted antennas located in a rear yard may exceed the maximum structure height but shall not exceed 20 feet over the maximum primary structure height or 30 feet above the primary structure’s height, whichever is less.

(h) Roof-mounted mechanical equipment, including elevator bulkheads, may exceed the maximum structure height but shall not extend any more than 15 feet above the roof’s highest point; provided, that it is architecturally integrated into the building’s features or is generally screened from view by an architectural enclosure, parapet, or similar feature. Industrial uses shall be exempt from the integration and screening requirement.

(i) Flagpoles may exceed the maximum structure height, but shall not exceed 25 feet or the height of the primary structure, whichever is greater.

(j) Ham radio towers shall be exempt from the maximum structure height if the ham radio tower is located on a lot owned by a ham radio operator that has a valid and active license from the Federal Communications Commission (FCC). [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.35.]

18.160.220 Home business standards – Type 1.

This home business standards section applies to the following zoning districts: AG, ER, R1, R2, R3, R4, R5, TR, LR, MH, NC, DC.

The intent of the home business standards is to ensure the protection of the health, safety, and welfare of the residents in the zoning jurisdiction of the city by allowing and regulating home-based businesses that have minimal impact on the residential character of neighborhoods. The following standards apply:

(A) Permits. An improvement location permit for a type 1 home business shall not be required.

(B) Permissible Home Businesses.

(1) Permitted. A type 1 home business shall be limited to a home office, catalog business, telecommuting, professional services, or Internet business.

(2) Discretion. Businesses not specifically listed above shall be interpreted by the Zoning Administrator as to whether the business shall be permitted as a type 1 home business.

(1) Residency. The primary operator shall reside in the dwelling unit where the home business is located.

(2) Employees. Only the residents of the dwelling unit where the home business is located shall be employed in the type 1 home business.

(D) Operations.

(1) Nuisance. The type 1 home business shall not generate offensive noise, vibration, smoke, odors, dust, heat, glare, or electrical disturbances.

(2) Traffic. The home business shall not generate vehicular traffic in greater volumes than would normally be expected in the neighborhood in which it is located.

(3) Customers. The home business shall not have patrons or customers visit the home business.

(4) Hours. The hours of operation of the home business shall not interfere with the use and enjoyment of adjacent properties.

(E) Design.

(1) Primary Structure.

(a) The home business shall be conducted entirely within the primary structure.

(b) The home business shall not exceed 10 percent of the square footage of the primary structure.

(c) There shall be no visible evidence of the home business, including but not limited to alterations to the exterior of the residence which change the character of the residence, exterior displays, or the outdoor storage of materials or equipment used in the home business.

(2) Accessory Structure. No accessory structure shall be utilized for any part of the type 1 home business.

(3) Parking and Loading. Off-street parking and loading facilities beyond what is common for a residential structure shall not be permitted.

(4) Mechanical Equipment. The home business shall not require the installation of mechanical equipment other than that which is common in a residential structure.

(5) Utility Service. The home business shall not require the installation of a sewer, water, or electrical utility service that is beyond what is common in a residential structure. Exceeding typical phone, cable, or Internet services for residential property shall be permitted.

(6) Signs. Signs shall not be permitted. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.36.]

18.160.230 Home business standards – Type 2.

This home business standards section applies to the following zoning districts: AG, ER, R1, R2, R3, R4, TR, LR. The following standards apply:

(A) Permits. An improvement location permit for a type 2 home business shall be required.

(B) Permissible Home Businesses.

(1) Permitted. The home business shall be limited to domestic crafts, art and music teaching, tutoring, hair cutting or styling, professional service office, clergy office, or similar businesses as determined by the Zoning Administrator.

(2) Prohibited. The home business shall not include walk-in retail sales.

(3) Discretion. Businesses not specifically listed above shall be interpreted by the Zoning Administrator as to whether the business shall be permitted as a type 2 home business.

(1) Residency. The primary operator shall reside in the dwelling unit where the home business is located.

(2) Employees. One employee who does not reside in the dwelling unit where the home business is located may be employed at the home business.

(D) Operations.

(1) Nuisance. The home business shall not generate offensive noise, vibration, smoke, odors, dust, heat, glare, or electrical disturbances.

(2) Traffic. The home business shall not generate vehicular traffic in greater volumes than would normally be expected in the neighborhood in which it is located.

(3) Customers. The home business shall not generate visitors in the form of patrons or customers in greater volumes than would normally be expected in the neighborhood.

(4) Hours. The hours of operation of the home business shall be no earlier than 6:00 a.m. and no later than 9:00 p.m. for the employee that does not reside in the dwelling unit where the home business is located, and the hours of operation of the home business shall not interfere with the use and enjoyment of adjacent residential properties.

(E) Design.

(1) Primary Structure.

(a) The home business shall be conducted entirely within the primary structure.

(b) The home business shall not exceed 25 percent of the square footage of the primary structure or 500 square feet, whichever is less.

(c) There shall be no visible evidence of the home business, including but not limited to alterations to the exterior of the dwelling unit which change the character of the dwelling unit, exterior displays, or the outdoor storage of materials or equipment used in the home business.

(2) Accessory Structure. No accessory structure shall be utilized for any part of the home business.

(3) Parking and Loading.

(a) Off-street parking and loading facilities beyond what is common for a residential structure shall not be permitted.

(b) The home business shall not receive more than three deliveries per week. Deliveries shall be made primarily between 8:00 a.m. and 5:00 p.m. by a vehicle not larger than a box-style truck.

(4) Mechanical Equipment. The home business shall not require the installation of mechanical equipment other than that which is common in a residential structure.

(5) Utility Service. The home business shall not require the installation of a sewer, water, or electrical utility service that is beyond what is common in a residential structure. Exceeding typical phone, cable, or internet services for residential property shall be permitted.

(6) Signs. One wall sign, not to exceed four square feet, shall be permitted. The sign shall be permanently attached to the primary structures. Signs in the yard shall not be permitted. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.37.]

18.160.240 Home business standards – Type 3.

This home business standards section applies to the following zoning districts: AG. The following standards apply:

(A) Permits. An improvement location permit for a type 3 home business shall be required.

(B) Permissible Home Businesses.

(1) Permitted. The home business shall be limited to assembly of products, automobile repair, welding, contracting business, landscaping business, light manufacturing, or a similar use as determined by the Zoning Administrator.

(2) Prohibited. The home business shall not include any kind of walk-in retail sales.

(3) Discretion. Businesses not specifically listed above shall be interpreted by the Zoning Administrator as to whether the business shall be permitted as a type 3 home business.

(1) Residency. The primary operator of the home business shall reside in the dwelling on the same lot where the home business is located.

(2) Employees. Five employees who do not reside in the dwelling where the home business is located may be employed by the home business.

(D) Operations.

(1) Nuisance. The home business shall not generate offensive noise, vibration, smoke, odors, dust, heat, glare, or electrical disturbances.

(2) Hours. The hours of operation of the home business shall be no earlier than 6:00 a.m. and no later than 9:00 p.m. for anyone who does not reside on the premises and for any activity that involves the accessory structure where the home business is primarily located. There are no limits on the hours of operation of the office component of the home business.

(E) Design.

(1) Primary Structure.

(a) The office component of the home business may be operated in the primary structure (the home).

(b) The home business shall not exceed five percent of the square footage of the primary structure.

(c) There shall be no evidence of the home business from alterations to the exterior of the residence. However, the character of the property may show minimal evidence of its business use, including exterior storage of materials, vehicles, or equipment used in the home business.

(2) Accessory Structure.

(a) The home business shall be primarily conducted within an accessory structure.

(b) The home business may consume 100 percent of the square footage of the accessory structure.

(3) Parking and Loading.

(a) Off-street parking and loading facilities beyond what is common for a residential structure or agricultural use shall not be permitted.

(b) There shall be no more than seven operable vehicles parked on the lot at any time.

(4) Exterior Storage.

(a) Vehicles, trailers, and other equipment used in the home business shall be stored and/or parked in an organized manner that is in an inconspicuous location.

(b) All exterior storage shall be located behind the footprint of the primary structure and behind or beside the accessory structure that is the primary location of the home business.

(5) Mechanical Equipment. The home business shall not require the installation of industrial-grade mechanical equipment. Commercial-grade mechanical equipment shall be permitted.

(6) Utility Service. The home business shall not require the installation of a sewer or water utility service beyond what is common in a residential structure. Commercial-grade electrical services and exceeding typical phone, cable, or internet services for residential property shall be permitted.

(7) Sign Standards. One wall sign shall be permitted on the accessory structure but shall not exceed 10 square feet in area, regardless of its distance from the street. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.38.]

18.160.250 Lighting standards.

This lighting standards section applies to the following zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI.

The intent of the lighting standards is to protect the health, safety, and welfare of the residents within the zoning jurisdiction of the city by permitting site and façade lighting that has minimal impact on adjacent property. The following standards apply:

(A) Cross-Reference.

(1) Parking Lot Lighting. See Chapter 18.176 AMC, Parking Standards, for parking lot lighting requirements.

(2) Illumination of Signs. See Chapter 18.180 AMC, Sign Standards, for standards regarding the illumination of signs.

(B) Permits. A building permit shall be required for the installation of lighting, and lighting shall be in compliance with the Indiana Electrical Code.

(C) Measurement Rules. Measurements of light readings shall be taken at any point along the property line of the subject property with a light meter facing the center of the property at any height from the ground level to 35 feet above the ground.

(D) Types. All lighting fixtures and poles within a single development shall be consistent in style, color, size, height, and design.

(1) Permitted.

(a) Site Lighting. Pole-, wall-, or ground-mounted fixtures shall be full-cutoff fixtures.

(b) Façade Highlighting. Modest intensity up-lighting of structure façades and landscaping from ground-mounted fixtures shall be permitted.

(2) Prohibited. Non-cutoff fixtures, semi-cutoff fixtures, and cutoff fixtures shall not be permitted.

(3) Exemptions. Sport field and sport court lights shall be semi-cutoff or cutoff fixtures, shall not exceed 100 feet in height, and shall be shut off by 10:00 p.m. Sunday through Thursday and 11:00 p.m. Friday through Saturday.

(E) Glare. Light fixtures shall be fully shielded to prevent direct lighting on streets, alleys, and adjacent properties. Any structural part of the light fixture providing this shielding shall be permanently affixed.

(F) Light Trespass. The maximum allowable light at a property line shall be five lux, with the following exceptions:

(1) Commercial Zoning Districts. When the subject property is located within a commercial zoning district and the adjacent property is also located within a commercial zoning district or an industrial zoning district, then the allowable light at the property line shall be 20 lux, but only along the sides of the property that are adjacent to the specified zoning districts. However, no light shall cross an adjacent commercial or industrial property and reach a property line with a noncommercial or nonindustrial district with greater than five lux.

(2) Industrial Zoning Districts. When the subject property is located within an industrial zoning district and the adjacent property is also located within an industrial zoning district, then the allowable light at the property line shall be 30 lux, but only along the sides of the property that are adjacent to the specified zoning district. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.45.]

18.160.260 Loading standards.

This loading standards section applies to the following zoning districts: UV, IS, NC, C1, C2, HC, I1, I2, I3, HI.

The intent of loading standards is to protect the health, safety, and welfare of the residents of the zoning jurisdiction of the city by requiring loading berths to meet certain standards. The following standards apply:

(A) Project Applicability. The following loading standards only apply when a project electively involves a loading berth.

(B) Design.

(1) Location.

(a) Loading berths shall be located so that they are not visible from public streets. If such a location is not possible, a loading berth visible from a public street shall be screened by solid structure walls and/or landscape buffers.

(b) Loading berths shall have adequate area for trucks to maneuver in and out of the facility. Trucks shall not block rights-of-way, streets, alleys, aisles, or other internal circulation when maneuvering into or docked at loading berths.

(2) Surface Materials. Loading berths shall be paved with asphalt or concrete.

(3) Drainage. Loading berths shall be constructed to allow proper drainage away from the structure. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.46.]

18.160.270 Lot standards.

This lot standards section applies to the following zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI.

The intent of the lot standards is to protect the health, safety, and welfare of the residents of the zoning jurisdiction of the city by establishing area, width, and frontage requirements for lots. The following standards apply:

(A) Applicability. If a lot standard does not appear in the chapter for a zoning district, then the standard does not apply to that particular zoning district.

(1) Minimum Dwelling Site Area. The minimum dwelling site area shall be per each chapter in Division II of this title, Zoning Districts.

(2) Minimum Dwelling Site Width. The minimum dwelling site width shall be per each chapter in Division II of this title, Zoning Districts.

(3) Minimum Lot Area. The minimum lot area shall be per each chapter in Division II of this title, Zoning Districts.

(4) Maximum Lot Area. The maximum lot area shall be per each chapter in Division II of this title, Zoning Districts.

(5) Minimum Lot Width. The minimum lot width shall be per each chapter in Division II of this title, Zoning Districts.

(B) Minimum Lot Frontage. The minimum lot frontage shall be at least 60 percent of the minimum lot width included in each chapter in Division II of this title, Zoning Districts, with the following exception:

(1) Cul-de-Sac Lots. The minimum lot frontage for lots established along a cul-de-sac bulb shall be at least 20 percent of the minimum lot width for the applicable district. However, under no circumstances shall the lot frontage be less than 25 feet in residential districts or 35 feet in all other districts. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.47.]

18.160.280 Manufactured housing and lease-lot development standards.

This manufactured housing standards section applies to the following district: MH.

The intent of manufactured housing standards is to promote quality and safe lease-lot manufactured home and mobile home developments. The following standards apply:

(A) Permits. An improvement location permit shall be required for each manufactured home dwelling and each mobile home dwelling prior to installation on a dwelling site, and for all other primary or accessory structures on the lot or dwelling sites.

(B) Design.

(1) Dwelling Sites.

(a) Each dwelling site within a lease-lot development shall have a separate concrete pad for each mobile home and a separate foundation for each manufactured home or other habitable structure.

(b) Each dwelling site within a lease-lot development shall have separate utility connections.

(c) Each dwelling site within a lease-lot development with four or more dwelling sites shall have direct access onto a paved private street.

(d) No more than one dwelling shall be placed on a dwelling site.

(2) Dwelling Units.

(a) Each dwelling within a lease-lot development shall be tied down and have a permanent perimeter enclosure or have a permanent foundation.

(b) Each dwelling within a lease-lot development with four or more dwelling sites shall be considered a separate residence for all purposes such as taxing, assessing of improvements, garbage collection, and public utilities. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.48.]

18.160.290 Outdoor dining standards.

This outdoor dining standards section applies to the following districts: UV, NC, DC, C1, C2, HC.

The intent of outdoor dining standards is to permit outdoor dining in appropriate areas while maintaining pedestrian accessibility and circulation, ensuring the safety of diners and restaurant servers, and preserving or enhancing the character of the area. The following standards apply:

(A) Permits. An improvement location permit shall be required prior to establishing an outdoor dining area. A new permit shall not be required each year unless changes are proposed in the outdoor dining area.

(B) Operations. Generally, outdoor dining is permitted from March 31st through December 1st, and from 6:00 a.m. until 11:00 p.m. Sunday through Thursday and 6:00 a.m. until 12:00 midnight Friday through Saturday.

(1) Circulation and Accessibility.

(a) All outdoor dining areas shall maintain a minimum four-foot-wide pedestrian circulation area along a public sidewalk. The pedestrian circulation area shall be free of all obstacles including but not limited to tree wells, fire hydrants, street light poles, and newspaper boxes. This pedestrian circulation area shall be maintained at all times.

(b) Outdoor dining areas shall not interfere with handicap accessibility, curbs, ramps, or driveways.

(c) Portions of outdoor dining areas fronting a right-of-way shall have a pedestrian barrier enclosing the outdoor dining area except for ingress/egress into the establishment. The pedestrian barrier shall meet all of the following criteria:

(i) Pedestrian barriers shall be sturdy, stable, and have sufficient weight so they cannot be blown over by wind.

(ii) Pedestrian barriers shall not be permanently attached or bolted to the sidewalk, unless granted special permission from the Board of Public Works and Safety.

(iii) Pedestrian barriers shall be at least 30 inches in height to prevent tripping hazards.

(iv) Pedestrian barriers shall be removed and stored during the off season, but not on the exterior of the building.

(d) Outdoor dining areas that do not front a right-of-way shall have a pedestrian barrier around at least 75 percent of the outdoor dining area. The pedestrian barrier shall meet all of the following criteria:

(i) Pedestrian barriers shall be constructed of wood, composite wood, stone, masonry, wrought iron, decorative metal, or a combination of these materials.

(ii) Pedestrian barriers shall be permanently attached to the ground.

(iii) Pedestrian barriers shall be at least 30 inches in height to prevent tripping hazards.

(e) No element of the outdoor dining area shall interfere with access to any structure.

(2) General.

(a) A sufficient number of trash containers shall be provided outdoors and be readily accessible to outdoor diners. However, full service establishments with outdoor dining areas shall not be required to provide outdoor trash containers.

(b) There shall be no storage of food trays; carts; receptacles for dirty dishes or trays; carts for utensils; or cooking appliances in any portion of the outdoor dining area.

(3) Furniture.

(a) To maintain a high quality environment, quality materials shall be used for outdoor dining areas. Outdoor dining furniture and outdoor trash containers shall be iron, steel, aluminum, wood, or resin. Finishes on the furniture and trash containers shall be kept relatively free of fading, chips, and rust.

(b) Umbrellas are permitted, but shall be flame retardant, color-fast fabric with an anti-flyback feature.

(d) Outdoor dining furniture, trash containers, and umbrellas shall be stored during the off season, but not on the exterior of the building. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.49.]

18.160.300 Outdoor storage standards – General.

This outdoor storage standards section applies to the following zoning districts: PR, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC.

The intent of outdoor storage standards is to protect the health, safety, and welfare and ensure neighborliness and aesthetic quality for the residents of the zoning jurisdiction of the city. The following standards apply:

(A) Prohibited. The outdoor storage of equipment, product, supplies, materials, machinery, building materials, waste or scrap, pallets, and similar materials shall not be permitted.

(B) Vehicles. Vehicles shall not encroach into a right-of-way or block or impede an access easement, sidewalk, or driving aisle.

(1) Quantity. No more than one recreational vehicle shall be stored outdoors or parked outdoors on a lot at any one time, except as listed below.

(a) Watercraft that are registered (plated) and docked in a lake shall be exempt.

(b) Businesses that sell recreational vehicles shall be exempt, but shall meet the standards in AMC 18.160.310, Outdoor storage standards – Merchandising.

(2) Parking.

(a) A recreational vehicle shall be stored or parked on a paved surface in a rear yard or side yard of a lot such that no part of the recreational vehicle projects into the front yard.

(b) A recreational vehicle shall not be stored on the street or on the driveway of any lot for more than 48 hours in any 30-day period.

(3) Use. At no time shall a stored recreational vehicle be occupied or used for living, sleeping, or home business purposes. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.50.]

18.160.310 Outdoor storage standards – Merchandising.

This outdoor storage standards section applies to the following zoning districts: C2. The following standards apply:

(A) Vehicle Dealership. The outdoor display, storage, and parking of vehicles for sale shall be permitted; provided, that all vehicles are parked on asphalt or concrete; on a display approved by the Zoning Administrator; or enclosed within a structure. All parked vehicles and vehicle parking surfaces or displays shall meet the setbacks required for parking lots (see AMC 18.160.360, Setback standards). Vehicles shall not be parked in the right-of-way, on grass, or on gravel. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.51.]

18.160.320 Outdoor storage standards – Industrial and high impact.

This outdoor storage standards section applies to the following zoning districts: I1, I2, I3, HI. The following standards apply:

(A) Industrial Outdoor Storage. Outdoor storage of vehicles, equipment, product, supplies, materials, waste or scrap, pallets, and the like shall be permitted if all of the following conditions are met.

(1) Location. Outdoor storage areas shall be located in a side yard or rear yard and shall be set back 10 feet from the property line.

(2) Screening. Outdoor storage areas shall be screened on all sides with a solid fence or wall that is six feet or more in height and meets the standards established in AMC 18.160.140 through 18.160.190, Fence and wall standards. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.52.]

18.160.330 Performance standards.

This performance standards section applies to the following zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI.

The intent of this performance standards section is to protect the health, safety, and welfare of residents of the zoning jurisdiction of the city by establishing requirements for noise, vibration, odor, and other performance characteristics. The following standards apply:

(A) Cross-Reference. See AMC 18.160.130, Environmental standards, for standards relating to air quality, water quality, and soil quality.

(B) Nuisance Characteristics. No use shall exhibit obnoxious characteristics to the extent that it constitutes a public nuisance. No use in existence on the effective date of the ordinance codified in this title shall be so altered or modified to conflict with these standards.

(1) Electrical Disturbance. No use shall cause electrical disturbance adversely affecting radio, television, or other equipment in the vicinity.

(2) Noise.

(a) No use shall produce noise that, when measured at any of the lot lines, exceeds 70 decibels from 6:00 a.m. to 9:00 p.m. or 40 decibels from 9:00 p.m. to 6:00 a.m.

(b) Public safety sirens and related apparatus used solely for public purposes shall be exempt from this standard.

(3) Vibration. No use shall cause vibrations or concussions detectable beyond the lot lines without the aid of instruments.

(4) Odor. No use shall emit across the lot lines malodorous gas or odor in such quantity as to be detectable at any point along the lot lines.

(5) Heat and Glare. No use shall produce heat or glare in such a manner as to be a nuisance or create a hazard noticeable from any point beyond the lot lines.

(C) Fire Protection. Firefighting equipment and prevention measures acceptable to the Fire Department and any federal, state, county, city, and/or local authorities that may also have jurisdiction shall be readily available and apparent when any activity involving the handling or storage of flammable or explosive materials is conducted. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.61.]

18.160.340 Permanent outdoor display standards.

This permanent outdoor display standards section applies to the following zoning districts: AC, UV, NC, DC, C1, C2, HC, I1.

The intent of the permanent outdoor display standards is to permit the use of outdoor areas for display and sale of merchandise, but to ensure that such displays are sensitive to the character of the district and do not jeopardize the health, safety, and welfare of the residents of the zoning jurisdiction of the city. The following standards apply:

(A) Project Applicability. Outdoor areas that a business or institution wants to use on a regular basis for outdoor displays shall meet this section.

(B) Permits. An improvement location permit shall be required when a new permanent outdoor display area is proposed. Once a permit is issued for a permanent outdoor display area, a new permit is not required each time the merchandise changes. However, a new permit shall be required if the permanent outdoor display area changes.

(1) Accessibility. A permanent outdoor display shall not block any sidewalk, accessibility ramp, or driveway.

(2) Setbacks.

(a) Front Yard. A permanent outdoor display shall meet the front yard setback identified in the applicable zoning district in Division II of this title, Zoning Districts.

(b) Side and Rear Yards. A permanent outdoor display shall meet the side yard and rear yard setbacks for accessory structures as identified in the applicable zoning district in Division II of this title, Zoning Districts.

(3) Proximity to Primary Structure. A permanent outdoor display shall meet at least one of the following proximity standards:

(a) Every portion of a permanent outdoor display area shall be 10 feet or less from the front façade of the primary structure.

(b) Every portion of a permanent outdoor display shall be 20 feet or less from a side façade of the primary structure.

(4) Canopies. All vending machines, ice machines, propane tank displays, and other permanent fixtures that are part of a permanent outdoor display area shall be located under a permanent canopy or awning that is attached to the primary structure.

(D) Size.

(1) Maximum Area. The cumulative area of all permanent outdoor display areas shall not exceed five percent of the footprint of the primary structure or tenant space to which the permanent outdoor display area is associated.

(2) Maximum Height.

(a) When products are displayed within an enclosed temporary structure, the enclosed temporary structure shall not exceed 15 feet in height.

(b) Products displayed outside shall not exceed six feet in height.

(E) Screening. When a permanent outdoor display area is more than 10 feet from the front façade of the primary structure or more than 20 feet from a side façade of the primary structure, at least one of the following screening mechanisms shall be installed:

(1) Wall. A wall that is 30 inches to 40 inches in height, is constructed of the same material as the primary structure, and is integrated into the design of the primary structure.

(2) Landscaping. A five-foot-wide landscape buffer that consists of one tree and one shrub for every 10 feet of perimeter around the outdoor display area. The trees and shrubs shall be permanently planted and may be arranged creatively for aesthetic purposes, but shall reasonably screen the permanent outdoor display area. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.62.]

18.160.350 Public improvement standards.

This public improvement standards section applies to the following zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI.

The intent of this public improvement standards section is to protect the health, safety, and welfare of the residents of the zoning jurisdiction of the city by ensuring public facilities are adequate to serve development. The following standards apply:

(A) Project Applicability. Public improvements consistent with the requirements of this title shall be required when one of the following conditions is met:

(1) New Primary Structure. An improvement location permit for a new primary structure is obtained.

(2) Addition to Primary Structure. An improvement location permit for an addition to the primary structure that adds 50 percent or more square footage is obtained.

(B) Adequate Public Facilities. Development is permitted only if public streets, public sidewalks, drainage facilities, and public utilities are adequate to serve the proposed development.

(1) Public Streets.

(a) The Technical Advisory Committee or the Plan Commission may require a traffic and street impact study to determine a proposed development’s impact on public streets. If required, the City of Angola shall conduct or procure services for a traffic and street impact study at the expense of the developer.

(b) Based on the results of the study, the Technical Advisory Committee or the Plan Commission shall make a determination as to whether the public street(s) will sufficiently accommodate the increased traffic generated by the development.

(i) If the public street(s) is (are) determined to be insufficient, the Plan Commission may deny the development; or

(ii) The Plan Commission may approve the development with mitigating conditions. The Technical Advisory Committee or the Plan Commission may recommend off-site improvements such as acceleration lanes, deceleration lanes, passing blisters, wider shoulders or approaches, frontage streets, shared driveways or other improvements that will provide sufficient facilities for the increased traffic from the proposed development.

(2) Public Sidewalks. Public sidewalks shall be required along the edge of the right-of-way, except when the Zoning Administrator determines the development is agricultural in nature or it is unlikely the public sidewalk will provide connectivity to future trails or sidewalks. New public sidewalks shall closely align with existing sidewalks, be installed approximately one foot inside the right-of-way, and meet or exceed the City of Angola’s construction standards.

(3) Drainage Facilities.

(a) Cross-Reference. Storm drainage collection, detention, and retention facilities shall comply with Chapter 13.15 AMC, Stormwater Management.

(b) Storm drainage collection, detention, and retention facilities shall have sufficient capacity to serve the development.

(c) If existing storm drainage facilities are not sufficient to serve the development, the Plan Commission may deny the development or approve the development with mitigating conditions. The Plan Commission, Technical Advisory Committee, City Engineer, MS4 Coordinator, or County Surveyor may recommend off-site improvements that will provide sufficient facilities for the increased runoff from the proposed development.

(4) Public Utilities.

(a) Cross-Reference. Requirements for connection to municipal sanitary sewer and water systems are in AMC 18.160.370, Sewer and water standards.

(b) Sanitary Sewer. The sanitary sewer collection system and wastewater treatment facility shall have sufficient capacity to serve the development. If the existing sanitary sewer collection system or wastewater treatment facility does not have sufficient capacity to serve the development, the Plan Commission may deny the development or approve the development with mitigating conditions. The Plan Commission, Technical Advisory Committee, or appropriate utility representative may recommend off-site improvements that will provide sufficient facilities for the increased demand in service from the proposed development.

(c) Water. The public water supply and distribution system shall have sufficient capacity to serve the development. If the public water supply and distribution system does not have sufficient capacity to serve the development, improvements that will provide sufficient facilities for the increased demand in service from the proposed development shall be required prior to approval of the development. The Plan Commission, Technical Advisory Committee, or appropriate utility representative may recommend improvements.

(C) Guarantees. When mitigating conditions are required, the developer may be required to post performance and maintenance guarantees for such improvements. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.63.]

18.160.360 Setback standards.

This setback standards section applies to the following zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI.

The intent of the setback standards is to protect the health, safety, and welfare of residents of the zoning jurisdiction of the city by requiring structures to meet certain setbacks. The following standards apply:

(A) Applicability. If a setback standard does not appear in the chapter for a zoning district, then the standard does not apply to that particular zoning district.

(1) Minimum Dwelling Site Front Setback. The minimum dwelling site front setback shall be per each chapter in Division II of this title, Zoning Districts.

(2) Minimum Dwelling Site Side Setback. The minimum dwelling site side setback shall be per each chapter in Division II of this title, Zoning Districts.

(3) Minimum Dwelling Site Rear Setback. The minimum dwelling site rear setback shall be per each chapter in Division II of this title, Zoning Districts.

(4) Minimum Front Setback.

(a) The minimum front setback shall be as per each chapter in Division II of this title, Zoning Districts.

(b) Where a subdivision has been platted and substantially built out utilizing a front setback less than that required by Division II of this title, Zoning Districts, an infill lot may utilize the established setback as defined in Chapter 18.08 AMC, Definitions.

(5) Minimum Side Setback.

(a) The minimum side setback shall be as per each chapter in Division II of this title, Zoning Districts.

(b) Where a subdivision has been platted and substantially built out utilizing a side setback less than that required by Division II of this title, Zoning Districts, an infill lot may utilize the established setback as defined in Chapter 18.08 AMC, Definitions.

(6) Minimum Rear Setback.

(a) The minimum rear setback shall be as per each chapter in Division II of this title, Zoning Districts.

(b) Where a subdivision has been platted and substantially built out utilizing a rear setback less than that required by Division II of this title, Zoning Districts, an infill lot may utilize the established setback as defined in Chapter 18.08 AMC, Definitions.

(7) Minimum Waterside Setback.

(a) The minimum waterside setback shall be per each chapter in Division II of this title, Zoning Districts.

(b) Where lake lots have been substantially built out utilizing a waterside setback less than that required by Division II of this title, Zoning Districts, an infill lot may utilize the established setback as defined in Chapter 18.08 AMC, Definitions.

(B) Exceptions. The following types of structures or features are exempt or partially exempt from the setback standard as stated:

(1) Signs. Signs are exempt from the setbacks in this section, but shall abide by the sign standards in Chapter 18.180 AMC, Sign Standards.

(2) Telecommunication Towers. Telecommunication towers are exempt from the setbacks in this section, but shall abide by AMC 18.160.440 and 18.160.450, Telecommunication facility standards.

(3) Architectural Features. Cornices, eaves, sills, canopies, or similar features shall be permitted to encroach into a required front, side, and/or rear setback not more than three feet. However, these items shall never be closer than three feet to the property line.

(4) Awnings. Awnings shall be permitted to encroach into a required front, side, and/or rear setback not more than four feet, but shall not be closer than three feet to the property line except in the DC district. (See AMC 18.180.060, downtown commercial sign standards, for standards relating to the projection of awnings in DC districts.)

(5) Chimneys. Chimneys shall be permitted to extend into a required setback not more than two feet. However, chimneys shall never be closer than three feet to the property line.

(6) Fences and Walls. Fences and walls shall be exempt from the setbacks in this section, but shall abide by the fence and wall standards in AMC 18.160.140 through 18.160.190, Fence and wall standards.

(7) Driveways. Driveways are exempt from setbacks in this section, but shall abide by the side yard setbacks established in AMC 18.160.090 through 18.160.120, Driveway standards.

(8) Parking Lots. In commercial, institutional, and industrial zoning districts, parking lots may encroach into the front, side, and rear yard setbacks for a primary structure by the following amounts:

(a) Front Yards. Parking lots may project into a front yard by 25 percent of the minimum front yard setback.

(b) Side Yards. Parking lots may project into a side yard by 50 percent of the minimum side yard setback.

(9) Utility Poles, Lines, and Junction Boxes. Utility poles, lines, and junction boxes shall be exempt from the setbacks in this section.

(10) Trash Receptacles. Trash receptacles shall meet the setback standards in AMC 18.160.510, Trash receptacle standards.

(11) Stairs or Open Platform. Stairs or an open platform or landing which does not extend above the level of the floor elevation of the first floor of the structure shall be permitted to extend into a required front, side, and/or rear setback not more than four feet. However, these items shall never be closer than three feet to the side property line or 10 feet to the front or rear property line.

(12) Storage Tanks. Storage tanks shall be exempt from the setbacks in this section, but shall comply with the setbacks established in AMC 18.160.400 through 18.160.420, Storage tank standards.

(C) Environmental Features. A 25-foot setback shall be maintained between structures and environmental features listed in AMC 18.160.130, Environmental standards. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.64.]

18.160.370 Sewer and water standards.

This sewer and water standards section applies to the following zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI.

The intent of the sewer and water standards is to protect the health, safety, and welfare of the residents of the zoning jurisdiction of the city by specifying the type of utility connections required. The following standards apply:

(A) Applicability. If the below listed sewer and water standard does not appear in the chapter for a zoning district, then it does not apply to that particular zoning district.

(1) Sewer.

(a) Connection to a sanitary sewer utility shall be per each chapter in Division II of this title, Zoning Districts. Details about the terminology in the chapters are as follows:

(i) Required. Connection to the City of Angola municipal sanitary sewer system shall be required.

(ii) Required Where Available. Connection to the City of Angola municipal sanitary sewer system shall be required when access to the municipal sanitary sewer system is available within 300 feet or less of the property line.

(iii) Municipal or Privately Owned Sewer Utility Required. A connection to either the City of Angola municipal sanitary sewer system or a privately owned sanitary sewer system shall be required.

(b) Cross-Reference. Service and connections to the City of Angola municipal sanitary sewer systems shall comply with Chapter 13.10 AMC, Sewer.

(2) Water.

(a) Connection to a water utility shall be per each chapter in Division II of this title, Zoning Districts. Details about the terminology in the chapters are as follows:

(i) Required. Connection to the City of Angola municipal water system shall be required.

(ii) Required Where Available. Connection to the City of Angola municipal water system shall be required when the property is located within the city limits, and for properties located outside the city limits shall be required when the municipal water system is available within 300 feet or less of the property line, unless the water department writes a letter indicating that it cannot or will not allow access to its water system.

(b) Cross-Reference. Service and connections to the City of Angola municipal water utility shall comply with Chapter 13.05 AMC, Water. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.65.]

18.160.380 Sexually oriented business standards.

This sexually oriented business standards section applies to the following zoning districts: I2.

(A) Purpose. It is the purpose of this section to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the residents of the zoning jurisdiction of the city, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material.

(B) Findings and Rationale. Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the Common Council, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap’s A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); N.Y. State Liquor Authority v. Bellanca, 452 U.S. 714 (1981); Sewell v. Georgia, 435 U.S. 982 (1978); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); City of Dallas v. Stanglin, 490 U.S. 19 (1989); and

Uniontown Retail #36, LLC v. Bd. of Comm’rs of Jackson County, 950 N.E.2d 332 (Ind. Ct. App. 2011); Plaza Group Properties, LLC v. Spencer County Plan Comm’n, 911 N.E.2d 1264 (Ind. Ct. App. 2009); Plaza Group Properties, LLC v. Spencer County Plan Comm’n, 877 N.E.2d 877 (Ind. Ct. App. 2007); Ben’s Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); Andy’s Restaurant & Lounge, Inc. v. City of Gary, 466 F.3d 550 (7th Cir. 2006); Blue Canary Corp. v. City of Milwaukee, 270 F.3d 1156 (7th Cir. 2001); Schultz v. City of Cumberland, 228 F.3d 831 (7th Cir. 2000); Matney v. County of Kenosha, 86 F.3d 692 (7th Cir. 1996); Berg v. Health & Hospital Corp., 865 F.2d 797 (7th Cir. 1989); DiMa Corp. v. Town of Hallie, 185 F.3d 823 (7th Cir. 1999); Graff v. City of Chicago, 9 F.3d 1309 (7th Cir. 1993); North Avenue Novelties, Inc. v. City of Chicago, 88 F.3d 441 (7th Cir. 1996); Chulchian v. City of Indianapolis, 633 F.2d 27 (7th Cir. 1980); Illinois One News, Inc. v. City of Marshall, 477 F.3d 461 (7th Cir. 2007); G.M. Enterprises, Inc. v. Town of St. Joseph, 350 F.3d 631 (7th Cir. 2003); Metro Pony, LLC v. City of Metropolis, 2012 WL 1389656 (S.D. Ill. Apr. 20, 2012); Imaginary Images, Inc. v. Evans, 612 F.3d 736 (4th Cir. 2010); LLEH, Inc. v. Wichita County, 289 F.3d 358 (5th Cir. 2002); Ocello v. Koster, 354 S.W.3d 187 (Mo. 2011); 84 Video/Newsstand, Inc. v. Sartini, 2011 WL 3904097 (6th Cir. Sept. 7, 2011); Flanigan’s Enters., Inc. v. Fulton County, 596 F.3d 1265 (11th Cir. 2010); East Brooks Books, Inc. v. Shelby County, 588 F.3d 360 (6th Cir. 2009); Entm’t Prods., Inc. v. Shelby County, 588 F.3d 372 (6th Cir. 2009); Sensations, Inc. v. City of Grand Rapids, 526 F.3d 291 (6th Cir. 2008); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Peek-a-Boo Lounge v. Manatee County, 630 F.3d 1346 (11th Cir. 2011); Daytona Grand, Inc. v. City of Daytona Beach, 490 F.3d 860 (11th Cir. 2007); Williams v. Morgan, 478 F.3d 1316 (11th Cir. 2007); Jacksonville Property Rights Ass’n, Inc. v. City of Jacksonville, 635 F.3d 1266 (11th Cir. 2011); H&A Land Corp. v. City of Kennedale, 480 F.3d 336 (5th Cir. 2007); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); Fantasy Ranch, Inc. v. City of Arlington, 459 F.3d 546 (5th Cir. 2006); Richland Bookmart, Inc. v. Knox County, 555 F.3d 512 (6th Cir. 2009); Bigg Wolf Discount Video Movie Sales, Inc. v. Montgomery County, 256 F. Supp. 2d 385 (D. Md. 2003); Richland Bookmart, Inc. v. Nichols, 137 F.3d 435 (6th Cir. 1998); Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996); City of New York v. Hommes, 724 N.E.2d 368 (N.Y. 1999); Taylor v. State, No. 01-01-00505-CR, 2002 WL 1722154 (Tex. App. July 25, 2002); Fantasyland Video, Inc. v. County of San Diego, 505 F.3d 996 (9th Cir. 2007); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005); Z.J. Gifts D-4, LLC v. City of Littleton, Civil Action No. 99-N-1696, Memorandum Decision and Order (D. Colo. March 31, 2001); People ex rel. Deters v. The Lion’s Den, Inc., Case No. 04-CH-26, Modified Permanent Injunction Order (Ill. Fourth Judicial Circuit, Effingham County, July 13, 2005); Reliable Consultants, Inc. v. City of Kennedale, No. 4:05-CV-166-A, Findings of Fact and Conclusions of Law (N.D. Tex. May 26, 2005);

and based upon reports concerning secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Austin, Texas – 1986; Indianapolis, Indiana – 1984; Garden Grove, California – 1991; Houston, Texas – 1983, 1997; Phoenix, Arizona – 1979, 1995-98; Tucson, Arizona – 1990; Chattanooga, Tennessee – 1999-2003; Los Angeles, California – 1977; Whittier, California – 1978; Spokane, Washington – 2001; St. Cloud, Minnesota – 1994; Littleton, Colorado – 2004; Oklahoma City, Oklahoma – 1986; Dallas, Texas – 1997; Ft. Worth, Texas – 2004; Kennedale, Texas – 2005; Greensboro, North Carolina – 2003; Amarillo, Texas – 1977; Jackson County, Missouri – 2008; Louisville, Kentucky – 2004; New York, New York Times Square – 1994; the Report of the Attorney General’s Working Group On The Regulation Of Sexually Oriented Businesses (June 6, 1989, State of Minnesota); Dallas, Texas – 2007; “Rural Hotspots: The Case of Adult Businesses,” 19 Criminal Justice Policy Review 153 (2008); “Correlates of Current Transactional Sex among a Sample of Female Exotic Dancers in Baltimore, MD,” Journal of Urban Health (2011); “Stripclubs According to Strippers: Exposing Workplace Sexual Violence,” by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota; “Sexually Oriented Businesses: An Insider’s View,” by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, Jan. 12, 2000; Memphis, Tennessee – 2005-2011; and assorted reports and affidavits concerning secondary effects, the Common Council finds:

(1) Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation.

(2) Sexually oriented businesses should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other sexually oriented businesses, to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of sexually oriented businesses in one area.

(3) Each of the foregoing negative secondary effects constitutes a harm which the city has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the city’s rationale for this section, exists independent of any comparative analysis between sexually oriented and non-sexually oriented businesses. Additionally, the city’s interest in regulating sexually oriented businesses extends to preventing future secondary effects of either current or future sexually oriented businesses that may locate in the zoning jurisdiction of the city. The city finds that the cases and documentation relied on in this section are reasonably believed to be relevant to said secondary effects.

The city hereby adopts and incorporates herein its stated findings and legislative record related to the adverse secondary effects of sexually oriented businesses, including the judicial opinions and reports related to such secondary effects.

(1) Separation From Sensitive Uses. For purposes of this subsection, measurements shall be made in a straight line, without regard to intervening structures or objects, from the closest part of any structure, including signs and roof overhangs, used in conjunction with the sexually oriented business to the closest part of any parcel containing one of the following land uses. Sexually oriented businesses shall have the following separation requirements:

(a) Residential Districts. Sexually oriented businesses shall be separated from residential zoning districts by at least 1,000 feet.

(b) Public Gathering Places. Sexually oriented businesses shall be separated from elementary or secondary schools, publicly-owned playgrounds and libraries, religious institutions, and licensed day care centers and preschools by at least 1,000 feet.

(2) Separation From Other Sexually Oriented Businesses. For purposes of this subsection, measurements shall be made in a straight line, without regard to intervening structures or objects, from the closest part of any structure, including signs and roof overhangs, used in conjunction with the sexually oriented business to the closest part of any structure containing another sexually oriented business. Sexually oriented businesses shall be separated from other sexually oriented businesses by at least 1,000 feet. [Ord. 1746-2023; Ord. 1463-2014 § 1; Ord. 1425-2012 § 4; Ord. 1286-2008. UDO § 5.66.]

18.160.390 Special exception standards.

This special exception standards section applies to the following zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI.

The intent of the special exception standards is to protect the health, safety, and welfare of the residents of the zoning jurisdiction of the city by ensuring the most appropriate development standards are applied to special exception requests. The following standards apply:

(A) Cross-Reference: The approval process and criteria for special exceptions is in Chapter 18.192 AMC, Processes.

(B) Applicable Development Standards. The development standards assigned to each zoning district are considered appropriate for the permitted uses within that zoning district. However, the development standards may not be appropriate for all special exception uses within a zoning district. For instance, some institutional uses are allowed in residential zoning districts as special exceptions. In this case, residential development standards would not necessarily be applicable.

(1) Determining Appropriate Development Standards.

(a) The Zoning Administrator shall determine which development standards sections within Division VI of this title, Development Standards, shall apply to each special exception application. The development standards determined to apply shall be documented in the application and approval.

(b) If the special exception use is a permitted use within another zoning district, the development standards for that zoning district shall be used as a guideline. In situations where the special exception use is not a permitted use in any zoning district, the most stringent development standards may be assigned by the Zoning Administrator as appropriate. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.76.]

18.160.400 Storage tank standards – General.

This storage tank standards section applies to the following zoning districts: R1, R2, R3, R4, R5, TR, MH, NC, C1, I1.

The intent of this storage tank standards section is to protect the health, safety, and welfare of the residents of the zoning jurisdiction of the city by requiring outdoor storage tanks to meet certain criteria. The following standards apply:

(A) Prohibited. Outdoor storage tanks or drums shall not be permitted. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.77.]

18.160.410 Storage tank standards – Parks and recreation, estate residential, and lake residential.

This storage tank standards section applies to the following zoning districts: PR, ER, LR. The following standards apply:

(A) Project Applicability. Any new outdoor storage tanks or drums installed after the effective date of the ordinance codified in this title shall be permitted if all of the following standards are met.

(B) Permits. An improvement location permit shall be required prior to the installation of new outdoor storage tanks or drums.

(C) Prerequisite Criteria. No liquid or gas fuel shall be stored in bulk above ground, except tanks or drums connected directly to energy-generating devices or heating appliances located and operated on the same lot as the tanks or drums.

(D) Setbacks.

(1) Front Yard. Outdoor storage tanks and drums shall not be permitted in front yards.

(2) Side and Rear Yard. Outdoor storage tanks and drums shall be set back at least 30 feet from side and rear property lines.

(3) Structures. Outdoor storage tanks and drums shall be set back at least 30 feet from primary structures and 15 feet from accessory structures.

(E) Quantity. No lot shall have more than two outdoor storage tanks or drums.

(F) Cross-Reference. Outdoor storage tanks and drums shall meet all applicable state and federal regulations. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.78.]

18.160.420 Storage tank standards – Nonresidential.

This storage tanks standards section applies to the following zoning districts: AG, AC, IS, UV, C2, HC, I2, I3, HI. The following standards apply:

(B) Permits. An improvement location permit shall be required prior to the installation of new outdoor storage tanks or drums.

(1) Front Yard. Outdoor storage tanks and drums shall not be permitted in front yards.

(2) Side and Rear Yard. Outdoor storage tanks and drums shall be set back at least 30 feet from side and rear property lines.

(3) Structures. Outdoor storage tanks and drums shall be set back at least 30 feet from primary structures and 15 feet from accessory structures.

(D) Cross-Reference. Outdoor storage tanks and drums shall meet all applicable state and federal regulations. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.79.]

18.160.430 Structure standards.

This structure standards section applies to the following zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI.

The intent of this structure standards section is to protect the health, safety, and welfare of the residents of the zoning jurisdiction of the city and the character of each zoning district by regulating the quantity of primary structures on a lot. The following standards apply:

(A) Applicability. The maximum allowable number of primary structures shall be one unless indicated otherwise in the applicable chapter in Division II of this title, Zoning Districts. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.80.]

18.160.440 Telecommunication facility standards – Antenna.

This telecommunication facility standards section applies to the following zoning districts: UV, IS, NC, DC, C1, C2, HC.

The intent of this telecommunication facility standards section is to protect the health, safety, and welfare of the residents of the zoning jurisdiction of the city by allowing for the provision of adequate and reliable public and private telecommunication service while minimizing the adverse, undesirable visual effects of such. The following standards apply:

(A) Permits. An improvement location permit shall not be required for telecommunication antennas.

(B) Types.

(1) Permitted. Telecommunication antennas shall be permitted when the following standards are met:

(a) The telecommunication antennas shall be non-freestanding.

(b) The telecommunication antennas shall be located in a functional but inconspicuous place on an existing structure such as a water tower, utility pole, or roof.

(c) The telecommunication antennas mounted on a roof shall not exceed the maximum structure height indicated in the appropriate chapter in Division II of this title, Zoning Districts, by more than 10 feet.

(d) The telecommunication antennas mounted on poles and other structures shall not exceed 110 percent of the existing pole or structure height.

(2) Prohibited. Freestanding telecommunication towers and all other telecommunication facilities, except telecommunication antennas, shall not be permitted. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.81.]

18.160.450 Telecommunication facility standards – General.

This telecommunication facilities standards section applies to the following zoning districts: PR, AG, I1, I2, I3. The following telecommunication facility standards shall apply:

(A) Permits. An improvement location permit shall be required prior to the construction, erection, placement, modification, or alteration of a telecommunication facility. See Chapter 18.192 AMC, Processes.

(B) Location.

(1) Accessory Utility Structures. The accessory utility structures of telecommunication facilities shall meet the minimum front yard setback, minimum side yard setback, and minimum rear setback requirements in the appropriate chapters in Division II of this title, Zoning Districts.

(2) Towers.

(a) Front Yard Setback. Telecommunication towers shall be set back from any right-of-way a minimum distance equal to 50 percent of the tower height, including all antennas and attachments.

(b) Side and Rear Yard Setback. Telecommunication towers shall be set back from the side and rear property lines a minimum distance equal to 50 percent of the tower height, including all antennas and attachments.

(d) Telecommunication towers shall not be located within the boundaries of any residential zoning district, and shall be set back from the boundaries of any residential zoning district a minimum distance equal to 110 percent of the tower height.

(1) Project Applicability. Proposed or modified telecommunication towers and antennas shall meet the following design requirements.

(2) Height.

(a) Telecommunication towers shall not exceed 199 feet in height.

(b) All other utility structures and antennas shall meet the height standards in the appropriate chapters in Division II of this title, Zoning Districts, and in AMC 18.160.210, Height standards.

(3) Appearance. Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in an instance where the color is dictated by state or federal authorities such as the Federal Aviation Administration (FAA).

(4) Monopole Design. Towers shall be of a monopole design, unless the Board of Zoning Appeals determines an alternative design would better blend in with the surrounding environment.

(5) Collocation. Any proposed telecommunication tower shall be designed structurally, electrically, and in all respects to accommodate both the applicant’s antennas and comparable antennas for the following:

(a) A minimum of one additional user if the telecommunications tower is between 60 and 100 feet in height.

(b) A minimum of two additional users if the telecommunications tower is 100 feet or more in height.

(6) Accessory Utility Structures. All utility structures needed to support a telecommunications tower shall be architecturally designed to blend in with the surrounding environment.

(7) Fence Enclosure. Telecommunication facilities and all accessory utility structures shall be protected by a security fence that shall be at least six feet tall.

(8) Screening. A live evergreen screen consisting of shrubs, planted three feet on-center maximum or a row of evergreen trees planted a maximum of 10 feet on center shall be planted around the entire telecommunication facility and each of the guy wires and anchors, if used. The height of all plants at the time of planting shall be no less than five feet.

(9) Lighting. Telecommunication facilities shall not be illuminated by artificial means and shall not display strobe lights, except when it is dictated by state or federal authorities such as the Federal Aviation Administration (FAA).

(10) Signs. The use of any portion of a telecommunication facility for the posting of any signs or advertisements of any kind, other than warning or equipment information signs, shall not be permitted.

(D) Construction Standards. All telecommunication facilities shall be subject to inspection by the Building Commissioner and Zoning Administrator during the construction process.

(1) Easements. If an easement is required for location of a telecommunication facility on the property, the easement shall be staked by a licensed and registered Indiana land surveyor so as to provide proof the facility has been constructed within the easement.

(2) Footers. Footing inspections shall be required by the Building Commissioner for all telecommunication facilities having footings.

(3) Electrical Standards. All telecommunication facilities containing electrical wiring shall be subject to the provisions of the Indiana Electric Code, as amended.

(E) Inspection of Towers. The following shall apply to the inspection of telecommunications facilities:

(1) Frequency. Towers may be inspected at least once every five years, or more often as needed to respond to complaints received, by the Zoning Administrator, Building Commissioner, and/or a registered, professional engineer to determine compliance with the original construction standards.

(2) Investigation. The Zoning Administrator and the Building Commissioner may enter onto the property to investigate the matter and may order the appropriate action to bring the facility into compliance.

(3) Violations. Notices of violation will be sent in accordance with Chapter 18.196 AMC, Enforcement and Penalties, for any known violation on the telecommunication facility.

(F) Abandoned Towers. Any tower unused or left abandoned for six months shall be removed by the property owner at its expense. Should the property owner fail to remove the tower after 30 days from the date a notice of violation is issued, the city may remove the tower and bill the property owner for the costs of removal and cleanup of the site. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.82.]

18.160.460 Temporary use and structure standards – General.

This temporary use and structure standards section applies to the following zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI.

The intent of temporary use and structure standards is to protect the public health, safety, and welfare of the residents of the zoning jurisdiction of the city by establishing standards for temporary uses and temporary structures. The following standards apply:

(A) Cross-Reference. See Chapter 18.180 AMC, Sign Standards, for temporary sign standards.

(B) Permits. A temporary improvement location permit shall be obtained prior to establishing the temporary use or structure except as indicated otherwise in this section.

(1) Fundraising Events. Fundraising events such as chicken barbecues, fish fries, and car washes shall be permitted and shall be exempt from obtaining a temporary improvement location permit if the duration of the event is less than 24 hours over a two-day period.

(2) Garage and Yard Sales. Garage and yard sales shall be permitted and shall be exempt from obtaining a temporary improvement location permit, but shall comply with the provisions of Chapters 5.05 and 5.10 AMC.

(3) Portable On-Demand Storage. Portable on-demand storage (PODS) units shall be permitted and shall be exempt from obtaining a temporary improvement location permit, but shall not be located outdoors for more than 14 consecutive days, three times per calendar year.

(D) Termination. Temporary uses shall be terminated and structures removed at the end of the permitted event period. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.83.]

18.160.470 Temporary use and structure standards – Agricultural and estate residential.

This temporary use and structure standards section applies to the following zoning districts: AG, ER. The following standards apply:

(A) Roadside Sales of Produce. The roadside sale of farm produce shall be permitted if the following conditions are met:

(1) Grown On Site. Eighty percent of the produce offered for sale shall be grown on the same lot where the roadside sale is located.

(2) Duration. The roadside sale of produce shall not exceed six months per calendar year.

(3) Sales Stand. The sales stand shall be portable or seasonal construction, shall comply with the provisions of AMC 18.160.520, Vision clearance standards, and shall be removed so as to observe the setback line for accessory structures when not in use.

(4) Parking. The roadside sale of produce shall be arranged so that parking does not block any right-of-way. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.84.]

18.160.480 Temporary use and structure standards – Residential.

This temporary use and structure standards section applies to the following zoning districts: R1, R2, R3, R4, R5, TR, LR, MH. The following standards apply:

(A) Model Homes. Model homes, apartments, and condominiums that contain a sales office shall be permitted with the following requirements:

(1) Duration. The duration of a temporary improvement location permit for a model home, apartment, or condominium shall be three years and may be renewed annually after the initial three-year period.

(2) Location. Model homes, apartments, and condominiums shall be on the site of the development for which the sales are taking place.

(3) Parking. The model home, apartment, or condominium shall provide the required parking in Chapter 18.176 AMC, Parking Standards, for the applicable district. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.85.]

18.160.490 Temporary use and structure standards – Nonresidential.

This temporary use and structure standards section applies to the following zoning districts: PR, AC, NC, DC, C1, C2, HC, I1. The following standards apply:

(A) Farmer’s Market. Farmer’s markets shall be permitted and exempt from obtaining a temporary improvement location permit provided the following standards are met:

(1) Duration. The farmer’s market shall occur on a regular basis, no more than twice per week, for a period not to exceed seven months per calendar year.

(2) Location. The farmer’s market shall consist of vendors transporting produce and products to the site of the farmer’s market, setting up tables or booths, and removing all produce, products, tables, and booths at the end of the day.

(3) Parking. One parking space shall be required for every vendor space in a farmer’s market. The required parking spaces shall be within 600 feet of the farmer’s market and may include on-street parking spaces and public parking lots. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.86.]

18.160.500 Temporary use and structure standards – Nonresidential.

This temporary use and structure standards section applies to the following zoning districts: AC, DC, C1, C2, HC, I1. The following standards apply:

(A) Sale of Seasonal Items. The sale of seasonal items such as Independence Day fireworks, Christmas trees, and Halloween pumpkins shall be permitted if the following standards are met:

(1) Duration. The duration of a temporary improvement location permit for the sale of seasonal items shall be no more than 45 days. All unsold merchandise shall be removed within five days after the expiration of the temporary improvement location permit.

(2) Location.

(a) The sale of seasonal items shall be on a lot that fronts a collector or arterial street.

(b) The sale of seasonal items shall be at least 50 feet from residential zoning districts.

(3) Additional Requirements. The sale of seasonal items must comply with all requirements of applicable state laws. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.87.]

18.160.510 Trash receptacle standards.

This trash receptacle standards section applies to the following zoning districts: PR, ER, R4, R5, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI.

The intent of this trash receptacle standards section is to protect the health, safety, and welfare of the residents of the zoning jurisdiction of the city by requiring outdoor trash receptacles to meet certain standards and to enhance the aesthetic environment of the city. The following standards apply:

(A) Project Applicability. Any new outdoor trash receptacle, dumpster, compactor, or similar container placed after the effective date of the ordinance codified in this title shall be permitted if all of the following standards are met.

(1) Exemptions. Outdoor trash receptacles, dumpsters, compactors, or similar containers temporarily placed (i.e., construction projects) shall be exempt from the standards in this section.

(B) Design.

(1) Screening.

(a) Outdoor trash receptacles, dumpsters, compactors, or similar containers shall be screened on all sides by a fence or wall that is constructed with wood, brick, or stone.

(b) Outdoor trash receptacles, dumpsters, compactors, or similar containers shall be accessible by gates.

(c) The screening of outdoor trash receptacles, dumpsters, compactors, or similar containers shall meet the location and setback requirements in AMC 18.160.140 through 18.160.190, Fence and wall standards.

(2) Surface Materials. Outdoor trash receptacles, dumpsters, compactors, or similar containers shall be placed on a paved surface.

(1) Front Yard. Trash receptacles shall not be located in a front yard.

(2) Side Yard. Trash receptacles may project into a side yard setback for a primary structure by 50 percent of the minimum side yard setback.

(3) Rear Yard. Trash receptacles may project into a rear yard setback for a primary structure by 50 percent of the minimum rear yard setback.

(D) Maintenance. All trash receptacles and screening associated with trash receptacles shall be properly maintained and kept in good condition. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.88.]

18.160.520 Vision clearance standards.

This vision clearance standards section applies to the following zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI.

The intent of this vision clearance standards section is to protect the health, safety, and welfare of the residents of the zoning jurisdiction of the city by eliminating visual obstructions at intersections. The following standards apply:

(A) Vision Clearance Triangle. A vision clearance or sight triangle shall be maintained at every intersection of two or more streets, intersection of a street and alley, and intersection of a street and driveway.

(1) Horizontal Area.

(a) Arterial Streets. The vision clearance triangle leg lengths shall be 25 feet as measured from the edge of pavement (see “A” in the illustration below) when one or more of the intersecting streets is an arterial street.

(b) Other Streets. The vision clearance triangle leg lengths shall be 15 feet as measured from the edge of pavement (see “A” in the illustration below) when one or more of the intersecting streets is a collector or local street.

(2) Vertical Area. No primary or accessory structures, landscaping, fences, walls, or signs shall be permitted to be placed or to project into the vision clearance triangle between the heights of two and one-half feet and nine feet above the crown of the adjacent roadway.

(3) Exemptions. Public street signs and utility poles shall be exempt from the vision clearance standards. [Ord. 1746-2023; Ord. 1286-2008. UDO § 5.89.]

18.160.530 Wind turbine systems – Small.

This wind turbine system standards section applies to the following zoning districts: PR, AG, AC, ER, R1, R2, R3, R4, R5, TR, LR, MH, UV, IS, NC, DC, C1, C2, HC, I1, I2, I3, HI. The following standards apply to small wind turbine systems:

(A) Permitted Systems.

(1) Horizontal Axis Wind Turbine. A horizontal axis small wind turbine system shall be permitted as per the standards in this section.

(2) Vertical Axis Wind Turbine. A vertical axis small wind turbine system shall be permitted as per the standards in this section.

(B) Prerequisites.

(1) Energy Production Purpose. Small wind turbine systems shall be primarily sized and installed for the purpose of generating energy for an on-site use (i.e., residence, small business, or farmstead). The small wind turbine system shall be sized to not produce more than 150 percent of the annual on-site electricity needs.

(2) Rated Power Limits. A small wind turbine system shall have a maximum rated power level of 11 kilowatts.

(3) Lot Size. A minimum three-quarter-acre lot shall be required for a small wind turbine system to be installed.

(4) Manufacturer Installation Specifications. Any permitted small wind turbine system shall be installed according to the manufacturer’s specifications unless in conflict with applicable standards in this title. When conflicts exist, the following standards apply:

(a) Manufacturer Specifications Are More Strict. When the manufacturer’s specifications are more strict than this title, the manufacturer’s specifications shall be followed.

(b) Zoning Standards Are More Strict. When this title is more strict than the manufacturer’s specifications, this title shall prevail, and that particular small wind turbine system shall be considered not permitted.

(1) Experimental Turbines. Small wind turbine systems shall be commercially available and shall have been (a) certified by the Small Wind Certification Council (SWCC); (b) certified by the American Wind Energy Association (AWEA); (c) certified by an equivalent, reputable agency; or (d) produced by a manufacturer that has produced and sold at least 50 units of the model of interest. Small wind turbine systems that do not meet at least one of these minimum standards shall be considered experimental and shall not be permitted.

(2) Connection to the Grid. Any small wind turbine system that is intended to be connected to the power grid shall be IEEE 1547 compliant (Institute of Electrical and Electronics Engineers Standard for Interconnecting Distributed Resources with Electric Power Systems).

(D) Supporting Structure.

(1) Tower-Mounted. A horizontal axis small wind turbine system designed by the manufacturer for tower mounting may be mounted on a monopole, pole with guy wires, lattice tower, or lattice tower with guy wires.

(2) Roof-Mounted. A horizontal or vertical axis small wind turbine system designed by the manufacturer for roof mounting may be mounted to the roof of a primary or accessory building.

(3) Ground-Mounted. A vertical axis small wind turbine system designed by the manufacturer for ground mounting shall be mounted on the ground.

(E) Height Limitations.

(1) Horizontal Axis (Tower-Mounted). The maximum tower height for a horizontal axis small wind turbine system shall be 80 feet for lots under five acres, and 110 feet for lots five acres or greater.

(2) Horizontal or Vertical Axis (Roof-Mounted). The maximum height of all components of a roof-mounted small wind turbine system shall be six feet above the highest point of the roof for residential buildings and 10 feet above the highest point on the roof for agricultural, commercial, institutional, and industrial uses.

(3) Vertical Axis (Ground-Mounted). The maximum height for all components of a vertical axis, ground-mounted small wind turbine system shall be 40 feet.

(F) Maximum Number of Turbine Systems.

(1) Small Lot. A lot with two acres or less shall be restricted to one horizontal axis small wind turbine system and one vertical axis roof-mounted small wind turbine system.

(2) Large Lots. A lot with more than two acres may have:

(a) Up to two tower-mounted horizontal axis or ground-mounted vertical axis small wind turbine systems; and

(b) Up to three roof-mounted vertical axis or horizontal axis small wind turbine systems.

(G) Wind Load. A small wind turbine system shall be engineered to survive a 100-mile-per-hour wind load or greater.

(H) Rotor Diameter. The maximum rotor diameter shall be 20 feet for a small wind turbine system.

(I) Location Restrictions.

(1) Setback From Property Line. A small wind turbine system, not including guy wires, shall be a minimum of 25 feet from the property line or 110 percent of the height of the tower, whichever is greater.

(2) Setback From Buildings. A small wind turbine system, not including guy wires, shall not be required to be set back from any on-site building.

(3) Setback From Utilities. A small wind turbine system, not including guy wires, shall be a minimum of 50 feet from any above-ground utility line or 120 percent of the height of the tower, whichever is greater.

(4) Setback for Guy Wires. Guy wire anchors shall be at least 15 feet from all property lines.

(J) Safety.

(1) Roof-Mounted Systems. The rotors (blades) of a horizontal axis turbine mounted on a roof shall not extend horizontally beyond the roof line of the building to which it is attached.

(2) Ground Clearance. The rotors (blades) of a horizontal axis wind turbine mounted on a tower shall not extend vertically to within 20 feet of the ground.

(3) Overspeed Protection. A small wind turbine system shall have a fail-safe braking system, auto-furling system, or similar system to prevent structural failure due to excessive revolutions per minute (rpm). Overspeed protection shall be a proven industry standard.

(K) Nuisance Prevention.

(1) Noise. A small wind turbine system shall not generate more than 40 dBA L90 or ambient dBA L90 + 5 dBA, whichever is greater when measured at the property line.

(2) Illumination. A small wind turbine system shall not be illuminated in any way unless required by FAA regulations.

(3) Feeder Lines. Feeder lines for wind turbines (i.e., electrical connection between the wind turbine and the on-site structure in which the power is utilized) shall be placed underground.

(L) Abandoned Systems. A small wind turbine system shall be considered abandoned if its use as a wind turbine system is discontinued for more than six months. The small wind turbine system shall be removed within six months after being abandoned.

(M) Appurtenances. A small wind turbine system shall not have any appurtenances (e.g., lighting, flags, signs, or decorations) attached to it except for meteorological measuring equipment. [Ord. 1746-2023; Ord. 1352-2010; Ord. 1286-2008. UDO § 5.90.]

18.160.540 Wind turbine systems – Large.

This wind turbine system standards section applies to the following zoning districts: PR, AG, R5, UV, IS, C1, C2, HC, I1, I2, I3, HI. The following standards apply to large wind turbine systems:

(A) Permitted Systems.

(1) Horizontal Axis Wind Turbine. A horizontal axis large wind turbine system shall be permitted as per the standards in this section.

(2) Vertical Axis Wind Turbine. A vertical axis large wind turbine system shall be permitted as per the standards in this section.

(B) Prerequisites.

(1) Energy Production Purpose. Large wind turbine systems shall be primarily sized and installed for the purpose of generating energy for an on-site use (e.g., a school, industry, office building). The large wind turbine system shall be sized to not produce more than 200 percent of the annual on-site electricity needs.

(2) Rated Power Limits. A large wind turbine system shall have a minimum rated power of 11 kilowatts and shall have a maximum rated power level of 500 kilowatts.

(3) Lot Size. A minimum two-acre lot shall be required for a large wind turbine system to be installed.

(4) Manufacturer Installation Specifications. Any permitted large wind turbine system shall be installed according to the manufacturer’s specifications unless in conflict with applicable standards in this title. When conflicts exist, the following standards apply:

(a) Manufacturer Specifications Are More Strict. When the manufacturer’s specifications are more strict than this title, the manufacturer’s specifications shall be followed.

(b) Zoning Standards Are More Strict. When this title is more strict than the manufacturer’s specifications, this title shall prevail, and that particular large wind turbine system shall be considered not permitted.

(1) Minimum Ratings. A large wind turbine system shall be manufactured to meet all applicable industry standards for manufacturing practices and safety.

(2) Experimental Turbines. A large wind turbine system that does not meet the applicable minimum ratings shall be considered experimental and shall not be permitted.

(3) Connection to the Grid. A large wind turbine system that is intended to be connected to the power grid shall be IEEE 1547 compliant (Institute of Electrical and Electronics Engineers Standard for Interconnecting Distributed Resources with Electric Power Systems).

(D) Supporting Structure.

(1) Tower-Mounted Systems. A horizontal axis large wind turbine system designed for tower mounting shall be mounted on a monopole. Lattice towers and towers with guy wires shall not be permitted.

(2) Roof-Mounted. A large wind turbine system shall not be permitted to be mounted on a roof.

(3) Ground-Mounted Systems. A vertical axis large wind turbine system designed for ground mounting shall be mounted on the ground.

(E) Height Limitations.

(1) Horizontal Axis (Tower-Mounted). The maximum tower height for a horizontal axis large wind turbine system shall be 120 feet for lots under five acres, and 140 feet for lots five acres or greater.

(2) Roof-Mounted. Large wind turbine systems are not permitted to be mounted on a roof.

(3) Vertical Axis (Ground-Mounted). The maximum height of all components of a vertical axis, ground-mounted large wind turbine system shall be 60 feet.

(F) Maximum Number of Turbine Systems.

(1) Small Lot. A lot with 15 acres or less shall be restricted to one horizontal axis or vertical axis large wind turbine system.

(2) Large Lots. A lot with more than 15 acres may have up to two horizontal axis or vertical axis large wind turbine systems.

(G) Wind Load. A large wind turbine system shall be engineered to survive a 110-mile-per-hour wind load or greater.

(H) Rotor Diameter. The maximum rotor diameter shall be 200 feet for a large wind turbine system.

(I) Location Restrictions.

(1) Setback From Property Line. A large wind turbine system shall be a minimum of 100 feet or 200 percent of the hub height from the property line, whichever is greater.

(2) Setback From On-Site Buildings. A large wind turbine system shall be required to be set back 100 feet from any on-site primary building. There is no required setback from accessory structures.

(3) Setback From Off-Site Land Uses. A large wind turbine system shall be a minimum of 1,000 feet from a platted residential subdivision, multiple-family residential development, institutional use (e.g., school or church), land zoned single-family residential, land zoned multiple-residential, or land zoned institutional. These standards only apply to off-site properties and should not be construed as restricting any of the above listed types of development (e.g., school or multiple-family development) from choosing to have an on-site large wind turbine system.

(4) Setback From Airport or Heliport. A large wind turbine system shall be a minimum of 2,500 feet from an airport or heliport.

(5) Setback From Utilities. A large wind turbine system shall be a minimum of 200 feet or 200 percent of the hub height from above-ground transmission lines, utility lines, or substations, whichever is greater.

(J) Safety.

(1) Ground Clearance. The rotors (i.e., blades) of a horizontal axis large wind turbine system mounted on a tower shall not extend vertically to within 30 feet of the ground.

(2) Anti-Icing Technology. A large wind turbine system shall be equipped with technology able to detect icing on rotors that causes the system to shut down when experiencing a significant icing event; or shall utilize another industry-accepted standard for protecting against shedding of significant pieces of ice capable of damaging nearby buildings and/or injuring persons or animals on the ground.

(3) Controls and Brakes. A large wind turbine system shall be equipped with a redundant braking system that includes both aerodynamic overspeed controls (i.e., variable pitch, tip, and other similar systems) and mechanical brakes.

(K) Nuisance Prevention.

(1) Noise. A large wind turbine system shall not generate more than 40 dBA L90 or ambient dBA L90 + 5 dBA, whichever is greater when measured at the property line.

(2) Illumination. A large wind turbine system shall not be illuminated in any way unless required by Federal Aviation Administration (FAA) regulations. Federal Aviation Administration (FAA) regulations shall be demonstrated to the Zoning Administrator prior to installation. If signal lighting is required on the top of a large wind turbine system, then it shall be shielded to prevent light below the horizontal plane.

(3) Shadow Flicker. The flickering effect caused by a Federal Aviation Administration (FAA) required signal light and the turning of the rotor shall be mitigated to the extent possible with the best known technology or practice.

(4) Color. A large wind turbine system shall be a non-obtrusive color such as white, off-white, gray, earth tones, or similar nonreflective colors.

(5) Signs. No large wind turbine system shall be used to display a commercial message.

(6) Signal Interference. The owner shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals, and shall mitigate any harm caused by the large wind turbine system.

(7) Feeder Lines. Feeder lines for wind turbines (i.e., electrical connection between the wind turbine and the on-site structure in which the power is utilized) shall be placed underground.

(L) Abandoned Systems. A large wind turbine system shall be considered abandoned if its use as a wind turbine system is discontinued for more than six months. The large wind turbine system shall be removed within nine months after being abandoned.

(M) Appurtenances. A large wind turbine system shall not have any appurtenances (e.g., exterior lighting, wireless communication antennas, or ornamentation). Weather monitoring devices and safety equipment shall not be considered appurtenances. [Ord. 1746-2023; Ord. 1352-2010; Ord. 1286-2008. UDO § 5.91.]