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| Title 7:
Comprehensive Plan and Zoning Ordinance |
Chapter 7.02 —
COMPREHENSIVE PLAN
Sections:
7.02.010 Adoption
7.02.010 Adoption. Ordinance 97-5 hereby repeals the prior Comprehensive
Plan, Ordinance O-87-9, and adopts and incorporates the Ferdinand
Comprehensive Plan , April 1997, and made a part hereof, as the Town of
Ferdinand, Indiana Comprehensive Plan. (Ord. 97-5, May 12, 1997) (Ord. O-87-9,
1987)
Chapter 7.05 —
ZONING ORDINANCE
Sections:
7.05.010 Definitions
7.05.020 Establishment of Zoning Districts
7.05.030 Land Use Regulations
7.05.040 Land Use Requirements
7.05.050 Signs
7.05.060 Flood Plain Overlay Zoning District
7.05.070 Nonconforming Uses and Nonconforming Structures
7.05.080 Structure and Land Use Permits
7.05.090 Fees and Charges
7.05.100 Subdivision Control
7.05.150 Plan Commission
7.05.180 Board of Zoning Appeals
7.05.200 Executive Secretary
7.05.220 Remedies and Enforcement
7.05.250 Interpretation, Conflict with Other Laws
7.05.260 Amendments
7.05.270 Validity
7.05.280 Sexually Oriented Businesses
7.05.300 Appendix
7.05.010 Definitions.
Word Usage. The definitions in this section apply throughout this
Chapter. Unless specifically defined below, words or phrases used
in this Chapter shall be interpreted so as to give common usage
meaning and to give this Chapter its most reasonable application.
(Ord. 97-3, Article I, S1, April 8, 1997)
Definitions:
A. The following words, terms and phrases, wherever they occur
in this Chapter, shall have the meanings ascribed to them by
this section, except where otherwise indicated.
B. Definitions provided by this Section include:
- Accessory Use or Structure. One which (a) is
subordinate to and serves a principal building or
principal use; (b) is subordinate in area, extent, or
principal building or principal use served; (c)contributes to the comfort, convenience, or necessity
of occupants of the principal building or principal use
served; and (d) is located on the same lot as the
principal building or principal use served, with the
single exception of such accessory off-street parking
facilities as are permitted to locate elsewhere than on
the same lot with the building or use served.
- Adult Arcade means an establishment where, for any
form of consideration, one or more still or motion
picture machines, projectors, or other image producing
devises are regularly used to show images to five or
fewer persons per machine at any one time, and where
the images so displayed are distinguished or
characterized by the depicting or describing of"specified sexual activities" or "specified anatomical
areas."
- Adult Bookstore, Adult Novel toy Store or Adult Video
Store means a commercial establishment which has as
a significant or substantial portion of its stock-in-trade
or derives a significant or substantial portion of its
revenues or devotes a significant or substantial portion
of its interior business or advertising to the sale or
rental, for any form of consideration, any one or more
of the following:
- books, magazines, periodicals or other printed
matter, or photographs, films, motion picture,
video cassettes or video reproductions, slides,
or other visual representations that depict or
describe "specified sexual activities" or"specified anatomical areas";
- instruments, devices, or paraphernalia that are
designed for use in connection with "specified
sexual activities"; or
- A commercial establishment may have other
principal business purposed that do not involve
the offering for sale or rental of material
depicting or describing "specified sexual
activities" or "specified anatomical areas" and
still be categorized as an ADULT BOOKSTORE
or ADULT NOVELTY STORE or ADULT VIDEO
STORE. Such other business purposes will not
serve to exempt such commercial
establishments from being categorized as a
ADULT BOOKSTORE or ADULT NOVELTY
STORE or ADULT VIDEO STORE so long as one
of its principal business purposes is the offering
for sale or rental for consideration the specified
materials that depict or describe "specified
sexual activities" or "specified anatomical areas."
A principal business purpose need not be a
primary use of an establishment so long as it is a
significant use based upon the visible inventory
or commercial activity of the establishment.
- Adult Cabaret means a nightclub, bar, juice bar,
restaurant, or similar commercial establishment,
whether or not alcoholic beverages are served, that
regularly features:
- persons who appear in a state of nudity or
semi-nudity;
- live performances that are characterized by the
exposure of "specified anatomical areas" or by"specified sexual activities";
- films, motion pictures, video cassettes, slides, or
other photographic reproductions that are
characterized by the depiction or description of"specified sexual activities" or "specified
anatomical areas"; or
- persons who engage in erotic dancing or
performances that are intended for the sexual
interests or titillation of an audience or
customers.
- Adult Motel means a hotel, motel or similar
commercial establishment that:
- offers accommodation to the public for any
form of consideration and provides patrons
with closed-circuit television transmissions,
films, motion pictures, video cassettes, slides, or
other photographic reproductions that are
characterized by the depiction or description of "specified sexual activities" or "specified
anatomical areas"; and has a sign visible from
the public right of way that advertises the
availability of this adult type of photographic
reproductions;
- offers a sleeping room for rent for a period of
time that is less than ten (10) hours; or
- allows a tenant or occupant of a sleeping room
to subrent the room for a period of time that is
less than ten (10) hours.
- Adult Motion Picture Theater means a commercial
establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides, or similar
photographic reproductions are regularly shown that
are characterized by the depiction or description of "specified sexual activities" or "specified anatomical
areas."
- Adult Theater means a theater, concert hall,
auditorium, or similar commercial establishment that
regularly features persons who appear, in person, in a
state of nudity and/or semi-nudity, and/or live
performances that are characterized by the exposure
of "specified anatomical areas" or by "specified sexual
activities."
- Agriculture. The use of land or structures for
agricultural purposes, including farming, dairying,
pasturage, agriculture, horticulture, floriculture,
viticulture, and animal and poultry husbandry, and the
necessary accessory structures and uses for the
packing, treating or storing of produce; provided,
however, that the operation of any such accessory
uses shall be secondary to that of the normal
agricultural activities.
- Awning. Any structure made of cloth or metal with a
frame attached to a building and projecting out from
the building (and so erected as to permit its being
raised to a position flat against the building when not
in use).
- Banner. Any temporary hanging sign attached or
affixed to a building possessing characters, letters,
illustrations or ornamentations applied to paper,
plastic, or fabric of any kind. This classification shall
not include plastic or fabric signs which are
permanently attached within a rigid frame which are
intended to be used as permanent signs. National
flags, political flags and symbolic flags of any institution
or business shall not be considered banners for
the purpose of this chapter.
- Basement. That portion of a building which is partially
or completely below grade, but so located that the
vertical distance from the average grade to the floor is
greater than the vertical distance from the average
grade to the ceiling. A basement shall not be
considered a dwelling or story of a dwelling.
- Block. Property abutting on one side of a street, and
lying between the two nearest intersecting streets, or
between the nearest intersecting street and railroad
right-of-way, waterway, or other definite barrier.
- Board. The Board of Zoning Appeals of the Town of
Ferdinand, Dubois County, Indiana.
- Building. A structure built for the support, enclosure,
shelter, or protection of persons, animals, chattels, or
moveable property of any kind.
- Business B 1. A commercial district that is intended to
be utilized for small scale local or neighborhood
businesses which are compatible with adjoining
residential uses and which provide convenience goods
and services to the nearby residents.
- Business B 2. A commercial district that is a general, all
purpose business district intended to permit more
intense commercial uses that are not compatible with
adjoining residential uses.
- Canopy. Any structure, other than an awning made of
cloth or metal with a frame, attached to a building,
projecting out from the building, and in part supported
by the ground not attached to any building.
- Commission. The Plan Commission of the Town of
Ferdinand, Dubois County Indiana.
- Commercial. Any use and structures which are
customarily related to the retail sale of goods or
services.
- Communication Tower. Any structure, including
tower-type structures and antennae which exceed one
hundred feet (100') in height, and other broadcasting,
receiving or relay structures, and any office, studio,
station or other land uses and accessories directly
related to the function of the communication tower.
- County. Dubois County, Indiana.
- Development. The construction, reconstruction,
conversion, structural alteration, relocation, or
enlargement of any buildings which are a minimum of
one thousand two hundred (1200) square feet in area;
or any use or change in use of any buildings which are
a minimum of one thousand two hundred (1200)
square feet in area.
- Development site. One or more lots, plots, or parcels
of land developed or to be developed as a single
development or land use and containing one or more
buildings which are a minimum of one thousand two
hundred (1200) square feet in area, commonly under
single ownership or control at the time of
construction.
- Directional Sign. A sign which has as its primary
purpose, the conveyance of information as to how to
get to the site of an activity or use.
- Dwelling. A permanent building, or portion thereof,
but not a mobile home or basement designed or used
exclusively for residential occupancy, including singlefamily
dwellings, two-family dwellings, and multiple
family dwellings, but not including hotels, motels, or
lodging houses.
- Dwelling, Multiple Family. A dwelling containing three
or more dwelling units including condominiums.
- Dwelling, Single-Family. A dwelling containing one
dwelling unit.
- Dwelling, Two-Family. A dwelling containing two
dwelling units only.
- Dwelling Unit. One or more rooms which are
arranged, designed or used as living quarters for one
family.
- Easement. A grant by the property owner for the use
of a strip of land by public, corporation or persons for
specific uses and purposes.
- Employ, Employee, Employment means a person who
performs any service on the premises of a sexually
oriented business on a full time, part time, contract
basis, or independent basis, whether or not the person
is denominated an employee, independent contractor,
agent, or otherwise, and whether or not the said
person is paid a salary, wage, or other compensation
by the operator of said business. "Employee" does not
include a person exclusively on the premises for repair
or maintenance of the premises or equipment on the
premises, or for the delivery of goods to the premises,
nor does "employee" include a person exclusively on
the premises as a patron or customer.
- Escort means a person who, for consideration, agrees
or offers to act as a companion, guide, or date for
another person, or who agrees or offers to privately
model lingerie or to privately perform a striptease for
another person.
- Escort Agency means a person or business association
who furnishes, offers to furnish, or advertises to
furnish escorts as one of its primary business purposes
for a fee, tip, or other consideration.
- Establishment means and includes any of the
following:
- The opening or commencement of any sexually
oriented business as a new business;
- the conversion of an existing business, whether
or not a sexually oriented business, to any
sexually oriented business;
- the addition of any sexually oriented business
to any other existing sexually oriented business;
- the relocation of any sexually oriented business;
or
- a sexually oriented business or premises on
which the sexually oriented business is located.
- Family. A group of individuals, related by blood,
marriage or adoption or a group of not more than
three persons not all so related, living together in a
dwelling unit as a single nonprofit housekeeping unit;
as distinguished from a group occupying a boarding
house, hotel, fraternity or similar living arrangement.
- Fence. A structure serving as an enclosure, barrier or
boundary.
- Flood Plain. The area adjoining the river or stream
which has been or may hereafter be covered by
floodwater.
- Ground Sign. A sign which is supported by upright
columns, etc., in or upon the ground and not attached
to any building.
- Home Occupation. Any use conducted entirely within
a dwelling unit by members of the family dwelling
therein and which is clearly incidental to the use of the
dwelling for residential purposes. Such use shall not
employ more than one (1) person outside the family
dwelling therein and shall not change the character or
use of the dwelling for residential purposes.
- Industrial. The manufacturing, storage, processing,
assembling, fabrication, or repairing of any materials or
products where no continuous process involved will
produce noise, vibration, electrical disturbance, air
pollution, water pollution, heat, glare, waste matter,
odor or fire hazard which will disturb or endanger any
neighboring property and where operations and
storage may be in open areas.
- Industrial Park. A project of one or more buildings
that has been planned as an integrated unit or cluster
on property under unified control of ownership at the
time that zoning was approved by the town.
- Jurisdictional Area. Township 3 south, Range 4 west,
sections 16, 17, 20, 21, 28, 29, 32, 33, 34, east 1/2 31,
east 1/2 30, east 1/2 19, east 1/2 18, west 1/2 15, west
1/2 22, west 1/2 27.
- Lot. A tract or parcel of land of at least sufficient size
to meet minimum zoning requirements for use and
area and to provide such yards and other open spaces
as are herein required.
- Lot, Corner. A lot situated at the intersection of two or
more streets.
- Marker. An object which is intended to be a
permanent point for record purposes. Markers shall
consist of an iron rod at least three (3) feet in length,
and not less than five-eights (5/8) inch in diameter. A
marker shall be placed so that the marked point shall
coincide exactly with the intersection of lines to be
marked. Markers shall be set with the top level with
the finished grade and shall be placed at the beginning
and ending of all curves along street property lines, at
all points where lot lines intersect curves, either front
or rear, at all angles in the property lines of lots, and at
all other lot corners not established by a monument.
- Marquee. A canopy or awning of permanent
construction projecting from the wall of a building
above an entrance.
- Massage Parlor means any place where, for any form
of consideration or gratuity, massage, alcohol rub,
administration of fomentations, electric or magnetic
treatments, or any other treatment or manipulation of
the human body which occurs as a part of or in
connection with "specified sexual activities", or where
any person providing such treatment, manipulation, or
service related thereto, exposes his or her "specified
anatomical areas". The definition of sexually oriented
businesses shall not include the practice of massage in
or by any licensed hospital; nor by a licensed
physician, surgeon, chiropractor or osteopath; not by
any nurse or technician working under the supervision
of a licensed physician, surgeon or osteopath; nor by
trainers for any amateur, semiprofessional or
professional athlete or athletic team or school athletic
program; nor by any person or entity licensed
according to the State of Indiana guidelines.
- Mobile Home. A vehicle, including the equipment sold
as part of a vehicle that is constructed for use as a
conveyance upon public streets or highways by either
self-propelled or not self-propelled means, is designed,
constructed, or reconstructed, or added to by means
of an enclosed addition or room, to permit the
occupancy as a occupied dwelling, and does not have
a foundation other than wheels, jacks, skirting or
other temporary supports. A mobile home does not
mean a manufactured home which is constructed after
January 1, 1981 and exceeds nine hundred fifty (950)
square feet of occupied space.
- Mobile Home Park. A land use regulated by the State
of Indiana as a mobile home park as an area of land on
which at least five (5) mobile homes, other than
mobile homes on permanent foundations, are
harbored on temporary supports for the purpose of
being occupied as principal residences.
- Monuments. An object which is intended to be a
permanent point for record purposes. Monuments
shall be of concrete with a minimum diameter of three
(3) inches, and a minimum length of three (3) feet and
shall be marked on top with a five-eights (5/8) inch
iron pin set flush with the top of the monument.
Monuments shall be placed at all corner and angle
points in the boundary subdivision and shall be set
with the top not less than one (1) inch above nor more
than three (3) inches below the finished grade and
shall be placed at all corner and angle points in the
boundary subdivision.
- Municipal S ervices. Any structure used or any use of
land by the town, a unit of government, or a public or
private utility related to a governmental or proprietary
function of such government, utility or the town.
- Natural Resources. The Indiana Natural Resources
Commission.
- Nudity or a State of Nudity means the appearance of a
human bare buttock, anus, anal cleft or cleavage,
pubic area, male genitals, female genitals, or vulva,
with less than a full opaque covering; or a female
breast with less than a fully opaque covering of any
part of the areola; or human male genitals in a
discernibly turgid state even if completely and
opaquely covered.
- Occupied Space. The total area of earth horizontally
covered by the structure, excluding accessory
structures, such as, but not limited to, garages, patios,
and porches.
- Operate, Cause to be Operated, Operator means and
includes the owner, permit holder, custodian,
manager, operator or person in charge of any sexually
oriented business.
- Outdoor Advertising Sign. A sign which directs
attention to an existing business, industry, activity or
product sold or conducted at a location other than
upon the premises where the sign is located.
- Parking Space. An area ten (10) feet wide and twenty
(20) feet long, exclusive of driveways and accessible
from a street without having to pass over another
parking space.
- Person means an individual, proprietorship,
partnership, corporation, association, or other legal
entity.
- Preliminary Plat. A tentative map indicating the
subdivision or resubdivision of land, prepared in
accordance with the requirements of this ordinance as
a basis for consideration prior to the preparation of the final plat.
- Plat. A land survey and map indicating the subdivision
or resubdivision of land filed or intended to be filed for
record.
- Projecting Sign. A sign which is attached to a building
or other structure and extends more than one foot
beyond the line of said building or structure.
- Public Building. Any building owned, leased or held
by the United States, the state, the county, the city,
any special district, school district, or any other agency
or political subdivision of the United States, which
building is used for governmental services.
- Public Park Or Recreation Area. Public land which has
been designated for park or recreational activities
including, but not limited to, a park, playground,
nature trails, swimming pool, reservoir, athletic field,
basketball or tennis courts, pedestrian/bicycle paths,
open space, wilderness areas, or similar public land
within the city which is under the control, operation,
or management of the city park and recreation
authorities.
- Public Service Sign. A sign erected or located by a
public agency providing information or instructions.
- Regularly Features Or Regularly Shown means a
consistent or substantial course of conduct such that
the films or performances exhibited constitute a
substantial portion of the films, or performances
offered as a part of the ongoing business of the
sexually oriented business.
- Regulatory Flood. A flood having a peak discharge
which can be expected to be equaled or exceeded on
the average of once in a one hundred year period, as
calculated by a method and procedure which is
acceptable to and approved by Natural Resources.
This flood is equivalent to a flood having the
probability of occurrence of one percent in any given
year.
- Religious Institution. Any church, synagogue, mosque,
temple or building which is used primarily for religious
worship and related religious activities.
- Residential District. Any area zoned R-1 or R-3.
- Residential Use. Any property used for single family,
two-family or multiple family dwellings.
- Roof Sign. A sign erected upon or above the roof or
parapet wall of a building and which is wholly or
partially supported by said building.
- School. Any public or private educational facility
including, but not limited to, child day care facilities,
nursery schools, preschools, kindergartens, elementary
schools, primary schools, intermediate schools, junior
high schools, middle schools, high schools, vocational
schools, secondary schools, continuation schools,
special education schools, junior colleges and
universities. The term "School" includes the school
grounds, but does not include facilities used primarily
for another purpose and only incidentally as a school.
- Secretary. The Executive Secretary appointed by the
commission or board as the case may be, whose job
description is specified in this ordinance (chapter).
- Semi-Nude or Nude Model Studio means any place
where a person who appears in a state of nudity or
displays "specified anatomical areas" is provided to be
observed, sketched, drawn, painted, sculptured,
photographed, or similarly depicted by other persons
for money or any other type of consideration.
- Semi Nude Model Studio shall not include a
proprietary school licensed by the State of
Indiana or a college, junior college or university
supported entirely or in part by public taxation;
a private college or university which maintains
and operates educational program in which
credits are transferable to a college, junior
college, or university supported entirely or
partly by taxation; or in a structure;
- That has no sign visible from the exterior of the
structure and no other advertising that indicates
a nude or semi-nude person is available for
viewing;
- Where in order to participate in a class a
student must enroll at least three days in
advance of the class; and
(d) Where no more than one nude or semi-nude
model is on the premises at any one time.
- Sexual Encounter Establishment means a business or
commercial enterprise that, as one of its principal
business purposes, offers for any form of
consideration a place where two or more persons may
congregate, associate, or consort for the purpose of
engaging in "specified sexual activities" or the exposure
of "specified anatomical areas" or activities when one
or more of the persons is in a state of nudity or seminudity.
The definition of sexually oriented businesses
shall not include an establishment where a medical
practitioner, psychologist, psychiatrist, or similar
professional person licensed by the state engages in
medically approved and recognized sexual therapy.
- Sexually Oriented Business(es) means an adult arcade,
adult bookstore or adult novelty store or adult video
store, adult cabaret, adult motel, adult motion picture,
escort agency, massage parlor, semi-nude or nude
model studio, or sexual encounter establishment.
- Sexually Oriented Entertainment Activity means the
sale, rental, or exhibition for any form of
consideration, of books, films, video cassettes,
magazines, periodicals, or live performances which are
characterized by any emphasis on the exposure or
display of "specified sexual activities" or "specified
anatomical areas".
- Shopping Center, Business Park, Office Park, or Other
Grouping. A project of one or more buildings that has
been planned as an integrated unit or cluster on
property under unified control of ownership at the
time that zoning was approved by the town.
- Sign. A one or two-faced lettered board or form, a
wall, or other surface used to visually announce,
advertise, or convey information to the public for any
purpose. If the lettered board or form consists of two
facings then two facings shall be assembled parallel to
each other, as one unit and shall convey the identical
information when viewed from either side, see illustrations
attached as Form 4 in Appendix. Included in the
dimensions of a sign would be the following:
- Any supporting posts and/or framework.
- A separate form consisting of a face or other
surface elements.
- A form or device erected in the shape of a
symbol or trademark.
- A form or device attached or fastened to
another structure, such as on the wall of a
building.
- A surface of a form or device upon which
lettered, pictorial or other visual information is
placed.
- Sign Area. The maximum area of a sign including the
frame or structure upon which information or copy
can be placed or viewed from a single point or side.
- Sign Zone A. Extends from center of intersection of
State Road 162 and I-64 1750 feet north, east, west and
south to the Dubois County line forming a rectangle.
- Sign Zone B. Extends from center of intersection of
State Road 162 and I-64 3614 feet north (to 40 acre
line), and south to the Dubois County line and from
23rd Street and State Road 264 to the north
jurisdictional line.
- Sign Zone C. Extends from 3rd Street north to 23rd
Street and State Road 264.
- Specified Anatomical Areas means any of the
following:
- the human male genitals in a discernibly turgid
state, even if dully or opaquely covered;
- less than completely and opaquely covered
human genitals, pubic region, buttocks, or a
female breast below a point immediately above
the top of the areola.
- Specified Sexual Activities means and includes any of
the following:
- the fondling or other erotic or intentional
touching of human genitals, pubic region,
buttocks, anus, or female breasts, whether
covered or uncovered;
- sex acts, normal or perverted, actual or
simulated, including intercourse, oral,
copulation, or sodomy;
- masturbation, actual or simulated;
- human genitals in a state of sexual stimulation,
arousal or tumescence;
- ultimate sexual acts, normal or perverted, actual
or simulated, including intercourse,
masturbation, excretory functions, or lewd
exhibition of the genitals, whether between
humans, a human and an animal, or for the
purpose of sadomasochistic sexual abuse or
stimulation.
- Street. The dedicated and accepted space or area
between the lot lines, abutting upon a right-of-way
and designed as a way for vehicular traffic whether
designated as a street, highway, throughway, freeway,
expressway, road, avenue, boulevard, lane, place, culde-
sac or however otherwise designated.
- Street Clock. A timepiece erected upon or in a frame
or structure placed or located by a person or business
for the convenience of the public and which also
serves as a business sign.
- Structure. Anything with a roof area of greater than 32
square feet constructed, erected or placed, the use of
which requires permanent location on the ground or
attached to something having a permanent location on
the ground, a swimming pool permanently installed.
Exceptions: public utility, communication and
electrical transmission lines and equipment and
facilities supporting the same and/or incidental
thereto.
- Subdivider . Any person engaged in the subdivision of
land which complies with the definition of a
subdivision as contained in this ordinance (chapter).
- Subdivision. The division of a single lot, tract or parcel
of land, or a part thereof, into two or more lots, tracts
or parcels of land, any one of which is less than ten
(10) acres, for the purpose, whether immediate or
future, of transfer of ownership or leasing for
residential, commercial or industrial purposes; or the
division of a single lot, tract or parcel of land, or a part
thereof, in two or more lots, tracts or parcels by means
of structures, structure groups, streets, parking areas,
or leaseholds, for the purpose, whether immediate or
future, of structure development. Provided, however,
that this definition shall exclude divisions of land not
involving any new street or easement of access of
sufficient width and proper grade and located so as to
accommodate traffic and provide sufficient access and
not impair the safety of any other street or easement of
access, or the sale of lots or exchange of parcels
between adjoining lot owners that do not create
additional building sites within the Town or the
Town's jurisdictional area as it exists on the date of
adoption of this ordinance.
- Substantial Enlargement of a sexually oriented
business means the increase in oor area occupied by
the business by more than fifteen percent (15%), as the
floor areas exist on the date this Ordinance takes
effect or on the date of an initial application or
renewal, if such application or renewal is required.
- Temporary Sign. A sign or advertising display intended
to be displayed for a designated period of time.
Included in this category are banner signs,
construction signs, real estate signs, temporary
subdivision signs, political campaign signs, directional
signs, miscellaneous private purpose signs and other
signs as determined by the secretary.
- Town. The Town of Ferdinand, Dubois County,
Indiana.
- Township. Ferdinand Township, Dubois County,
Indiana.
- Transfer of Ownership or Control of a sexually
oriented business means and includes any of the
following:
- the sale, lease, or sublease of the business;
- the transfer of securities that form a controlling
interest in the business, whether by sale,
exchange, or similar means; or
- the establishment of a trust, gift, or other similar
legal device that transfers the ownership or
control of the business, except for transfer by
bequest or other operation of law upon the
death of the person possessing the ownership
or control.
- Variance. A request to permit a variation from the
requirements of the ordinance (chapter) but not a
variation allowing a use not in conformance with the
zoning use classification of a particular district.
- Wall Sign. A sign which is affixed in any manner
against or parallel to any exterior wall or window of a
building or structure and which does not extend
above the parapet, eaves or facade of the building to
which it is attached and intended to be seen from the
exterior of the building or structure.
- Yard. An open unoccupied space on the same lot
with a structure extending the full side of the lot and
situated between the point where the structure is
closest to the lot line or street line, whichever is closer.
- Yard, Front. A yard extending along the full length of
the front lot line between the side lot lines.
- Yard, Rear. A yard extending along the full length of
the rear lot line between the side lot lines.
- Yard, Side. A yard extending along a side lot from the
front to the rear yard. (Ord. 2004-7, Article 1, July 19,
2004) (Ord. 2002-7, Article 1, Apr. 10, 2002) (Ord. 1998-
11, Oct. 6, 1998) (Ord. 1997-3, Article I, S2, April 8,
1997)
7.05.020 Establishment of Zoning Districts.
- Standard Zoning Districts. The Town and the Jurisdictional Area
contiguous thereto are divided into the following zoning districts
which primarily regulate the use of land shown below under three
general land categories:
- Agricultural Districts
- Agricultural
- Residential Districts
- One and Two Family Residential
- Multiple Family Residential
- Mobile Home
- Non-Residential Districts
- Commercial
- Business B1
- Business B2
- Industrial
- Overlay Zoning Districts. For the purpose of this Ordinance
(Chapter), there are hereby established overlay zoning districts.
Overlay zoning districts impose additional uniform restrictions on all
properties within their boundaries which are in addition to or may
supersede those of the underlying standard zoning district. Overlay
zoning districts which may impact lands under the jurisdiction of
this Ordinance (Chapter) include:
- Flood Plain District
- Sign Zone District
- Map of Zoning Districts. The standard districts and overlay zoning
districts are bounded as shown on maps entitled "Zoning, Town of
Ferdinand, Indiana," a copy of which is available for public
inspection at the Town Office.
- Description of Zoning Districts.
- Agricultural. A district that is intended to permit the use of land and structures
for agricultural purposes.
- Residential Districts.
- One and Two Family Residential. A district that is intended to permit development of
single-family dwellings and two-family dwellings.
- Multiple Family Residential. A district that is intended to permit development of
multiple family dwellings.
- Mobile Home. A district that is intended to permit placement of a
mobile home structure.
- Non-Residential Districts.
- Commercial. A district that is intended to permit the use of land and
structures for Business B1 and Business B2 purposes.
- Industrial. A district that is intended to permit the use of land and
structures for industrial purposes. In the event that a business meets the definition of a
Sexually Oriented Business under this Title, but may
also be considered another type of business under this
Title or other applicable section of the Municipal Code
of the Town of Ferdinand, the rules and regulations
pertaining to Sexually Oriented Businesses shall
supersede and take precedence over the rules and
regulations for any other type of business and said
business shall be required to meet Sexually Oriented
Business rules and regulations, including locating in an
Industrial Zoning District.
- Overlay Zoning Districts.
- Flood Plain District. This district is intended to guide development in flood
hazard areas identified on the Flood Insurance Rate
Map prepared by the Federal Emergency Management
Agency, dated August 5, 1985, along with any
subsequent amendments or revisions which are
hereby adopted by reference and declared to be a part of this Section. Uses are restricted so that
development does not create a damaging or
potentially damaging increase in flood heights or
velocity or threat to public health and safety. The
district's purpose is to reduce the potential for health
and safety hazards, and reduce the potential for
extraordinary public expenditures for flood protection
and relief.
- Sign Zone Districts. These districts are intended to provide additional
uniform size and placement regulations of signs within
the designated boundaries of Sign Zone A, Sign Zone
B and Sign Zone C. These sign regulations are in
addition to or may supersede those of the underlying
sign regulations. (Ord. 2004-09, S2, Sept. 8, 2004) (Ord.
97-3, Article II, S1-4, 1997)
7.05.030 Land Use Regulations.
- Purpose. The purpose of this Section is to indicate which land uses
may locate in each zoning district and which uses may not locate
therein. There are uses that may locate in a district but only after
receiving approval of a special use permit to do so.
- Interpretation of Land Use Table.
- Land Uses Permitted by Right. Land uses that are listed in
Table 1 with a "X" are permitted by right pursuant to various
requirements of this Ordinance (Chapter).
- Land Uses Permitted as Special Exceptions. Land uses that
are listed in Table 1 as "special exceptions" are special uses
requiring an application to and review by the Board of
Zoning Appeals. Each application for, and instance of a
special exception use shall be considered a unique situation
and shall not be construed as precedent for similar requests.
- Land Uses Permitted for Sales. Land uses that are listed in
Table 1 with a "S" are permitted for the sale of goods and/or
services pursuant to various requirements of this Ordinance
(Chapter).
- Land Uses Permitted for Manufacturing. Land uses that are
listed in Table 1 with a "M" are permitted for the
manufacturing of goods pursuant to various requirements of
this Ordinance (Chapter).
- Blank Spaces on the Chart. Land uses for which a blank
space is shown for a specific zoning district are not permitted
in that district, except as legal nonconforming uses.
- Zoning Determination for Unmentioned Use. A determination
will be made by the Commission regarding the proper
zoning of all uses not similar to or specifically mentioned in
this Section.
- Permitted Uses Subject to All Provisions of this Ordinance
(Chapter). Although a land use may be noted as permitted by
right or permitted as a special use, it does not imply that such
land use is permitted or permissible on every parcel in such
district. No land use is permitted or permissible on a parcel
unless it can be located thereon in full compliance with all of
the standards and regulations of this Ordinance (Chapter)
which are applicable to the specific land uses in question, or
unless an appropriate variance has been granted.
- "Sexually Oriented Businesses" shall be added as a Permitted
Use for the Industrial District; and such Permitted Uses
indicated above shall be subject to all applicable sections of
Item XVIII of the Ferdinand Zoning Ordinance and any other
applicable sections of the Municipal Code.
- Natural Production Uses. There may be permitted in any zoning
district, on approval of the Commission, the excavation and sale of
sand, gravel, clay, shale, topsoil or other natural mineral deposit or
other quarrying of any kind of rock formation. As a condition of
approval, the Advisory Plan Commission may impose all reasonable
conditions it deems necessary.
- Special Provisions for Communication Towers. Communication
Towers include all freestanding, broadcasting, receiving, or relay
structures and similar principal land uses; and any office, studio,
station or other land uses directly related to the function of the
Communication Tower. Communication Towers shall be located so
that there is sufficient radius of clear land surrounding the tower so
that its collapse shall be completely contained on the property.
Additionally, towers and accessory or similar structures shall be
designed, landscaped, fenced, and secured so as not to pose an
attractive nuisance to children. Communication Towers shall not be
permitted by right in any of the zoning districts, but shall be
permitted, if approved as a special exception, in the Agriculture and
Industrial zoning districts, subject to the following requirements:
- Fencing and Screening Requirements. Communication
Towers and any equipment enclosures shall be visually
screened on a year round basis with suitable vegetation.
Notwithstanding any minimum size requirements found
elsewhere in this Ordinance, the scale and nature of the
vegetation shall be of sufficient density to screen the lowest
ten feet of the Communication Tower and equipment
enclosure within three years of installation. A security fence
shall be erected within the visually screened area.
- Lighting. Antennae and Communication Towers shall not be
illuminated by artificial means and shall not display strobe
lights unless such is specifically required by the FAA or other
federal and state authority for a particular Communication
Tower. When incorporated into the approved design of the
Communication Tower, light fixtures used to illuminate ball
fields, parking lots, or similar areas may be attached to the
Communication Tower.
- Signage. The use of any portion of a Communications Tower
facility for signs other than warning or equipment signs is
prohibited. All such signage must comply with the sign
requirements of this Ordinance. This requirement may be
superseded by the written requirements of the federal and
state agencies possessing jurisdiction over Communication
Towers.
- Aesthetics. The Communication Tower and any antennae
located on the Communication Tower must be designed to
blend into the surrounding environment through the use of
color (such as metallic gray, silver or green) and camouflaging
architectural treatment. Where feasible, communication
towers should be designed structurally to allow other carriers
to co-locate on the tower structure, thereby reducing the
total number of future towers. The integration of a
communications facility into an existing or proposed
structure such as a church steeple, light standard, power line
support, flag pole, or similar structure is encouraged. These requirements may be superseded by written
requirements of federal or state agencies possessing
jurisdiction over Communication Towers.
- Visual Impact Analysis. In the case of a new Communication
Tower, or where an existing structure is being enlarged in
size, a visual impact analysis shall be prepared and certified
by a qualified professional engineer or architect. Such
analysis shall include the following information:
- Identification of significant existing natural and
manmade features adjacent to the proposed
Communication Tower location, indicating those
features that will provide buffing for adjacent
properties and rights-of-way.
- Identification of at least three specific points within a
2,000 foot radius of the proposed Communication
Tower from which the line of site analysis is presented.
The exact number and location of these points shall be
determined in coordination with staff prior to the
preparation and completion of the analysis. Applicant
shall then prepare a graphic illustration of the visual
impact of the proposed Communication Tower, at a
scale that does not exceed five degrees of horizontal
distance, presented from the specific points identified.
Such graphic illustration shall be a computer enhanced
photograph with the computer-generated tower image
depicted to an accurate scale; the photograph shall
include text indicating from where the photograph
was taken, and how many feet from the proposed
Communication Tower site.
- A statement as to the potential visual and aesthetic
impacts of the proposed Communication Tower on all
adjacent properties. Such statement shall provide
specific explanation as to the feasibility of camouflage
given the needed height and design of the
Communication Tower.
- Such other additional information as may be required
by staff to fully review and evaluate the potential
impact.
- General Requirements. A building permit is required for every
Communication Tower facility. Every building permit which
is an application for a Communication Tower facility shall be
accompanied by the following additional information:
- Certification. Stating the reasons why the new
structure cannot or will not be shared with additional
users in the future. Certification by a qualified and
licensed professional engineer that the design of the
antennae support tower conforms to the latest
structural standards and wind loading requirements of
the Uniform Building Code and the Electronic Industry
Association. Such certification must take into account
any existing or proposed future users of the antennae
support structure.
- Inspection. Commercial Wireless communications
service providers shall provide documentation that
proposed communications facilities comply with the
latest applicable Federal and State environmental,
health, and safety standards, including those
established by the Federal Communications
Commission on Radio Frequency Emissions (REF) and
exposure thereto.
- All communications facilities shall be required
to be inspected by a qualified and licensed
professional engineer, on the following
timetable:
- Monopoles: Once every ten years.
- Lattice (un-guyed): Once every 5 years.
- Guyed towers: Annually.
- Facilities attached to other structures:
Annually.
- If the engineer finds the facility to be
structurally sound, he or she shall provide the
owner / operator and the Planning Department
with a written certification that the facility
meets the minimum safety standards of the
Uniform Building Code and the Electronic
Industry Association.
- Any safety problems or failure to comply with
the design approved at time of permit issuance
shall be reported by certified mail, return receipt
requested, by the engineer to the owner /
operator of the facility and to the Planning
Department. The owner / operator of the
facility must correct the deficiencies within
thirty days. The engineer shall then re-inspect
the facility. If the engineer finds that the
deficiencies have been corrected, he shall
provide the owner / operator and the Planning
Department with a certification that the facility
meets the minimum safety standards of the
Uniform Building Code and the Electronic
Industry Association.
- In the event that an owner / operator fails to
schedule the required inspection in a timely
fashion, the Town shall notify the owner /
operator of the requirement and shall allow
sixty days for the owner / operator to obtain
said inspection. If the inspection has not taken
place in that time, the Town may choose an
engineer to perform the inspection, placing a
lien upon the property for the costs of such
inspection and for any required repairs. Delay
by the Town in taking action under this
provision shall not in any way waive the
Town's right to take action.
- Obsolete Communication Towers / Unused Communication
Towers. The discontinuation of use, disconnection or
shutdown of any communication facility shall be reported
immediately in writing by the service provider to the
Executive Secretary of the Plan Commission.
Notwithstanding any provision of this Ordinance indicating
otherwise, Communication Tower facilities that are not
operated for communication for a period of six months or
more shall be deemed to be abandoned. Such discontinued
facilities shall be completely removed within six (6) months of
the cessation of its operation, and the site shall be restored to
its pre-existing condition. If such Communication Tower
facility is not removed within six (6) months, the Town of
Ferdinand may remove the discontinued facility at the
owner's expense. If there are two or more users of a single
Communication Tower facility, this provision shall not apply
until all users cease operating from said Communication
Tower facility.
- Full Compliance Required. The storage and controlled release of
storm water runoff shall be required of all new development, any
redevelopment and other new construction in the jurisdictional
territory of the Town of Ferdinand. The release rate of storm water
from developed lands shall not exceed the release rate from the land
area in its present land use. Because topography and the availability
and adequacy of outlets for storm runoff vary with almost every site,
the requirements for storm drainage tend to be an additional matter
for any project. It is recommended that each proposed project be
discussed with the Planning Commission office at the earliest
practical time in the planning stage. Every project undertaken
within the jurisdictional limits of the Town of Ferdinand, Indiana
shall, unless otherwise exempt, be in full compliance with the full
terms and provisions of the Ordinance Establishing the Town of
Ferdinand, Indiana Storm Drainage Control Policy, then in effect.
(Ord. 2004-09, S3, Sept. 8, 2004) (Ord. 2004-07, July 19, 2004 (Ord. 02-
7, ARTICLE III, Apr. 10, 2002)(Ord. 97-3, Article III, S1-3, 1997)
7.05.040 Land Use Requirements.
- Visibility at Intersection. On a corner property, no structure, fence,
wall, hedge or planting more than two and one-half (2 1/2) feet in
height above the level of the nearest street to such structure, fence,
wall, hedge or planting shall be erected, placed or maintained within
the triangular area formed by the intersecting street lines and a
straight line joining said street lines at points which are fifteen (15)
feet distant from the point of intersection, measured along said
street lines.
Provided, however that the above paragraph shall not apply to
traffic signs and public utility structures.
- Building Size. No single family dwelling shall be erected having a
living area of less than one thousand (1,000) square feet. No
dwelling unit shall be erected having a living area of less than five
hundred (500) square feet.
In areas zoned residential, and in areas zoned agricultural which
consist of five (5) acres or less, detached buildings shall have a
maximum ceiling height of nine (9) feet and the roof ridge shall not
exceed fourteen (14) feet. (Ord. 98-11, Oct. 6, 1998)
- Yard Requirements. No structure shall be erected in a "One and
Two Family Residential" district or a "Multiple Family Residential"
district with a yard less than as provided herein. All yard
requirements provided herein are to be measured from the roof line
or most protruding point of the structure or building. (Ord. 98-11,
Oct. 6, 1998)
No structure or building shall be erected in any easement.
- Front Yard. Twenty-five (25) feet, provided however, that in any
district each structure hereafter erected may have a front yard equal
to the average of the front yards of the lots immediately adjacent
thereto on either side, but no front yard shall be less than ten (10)
feet. Adjacent unimproved lots shall be considered as having a front
yard of twenty-five (25) feet.
- Side Yard. Total of fifteen (15) feet, with a minimum of five (5) feet
on one side.
- Rear Yard. Residence twenty-five (25) feet, accessory structures five (5) feet in residential districts, fifteen (15) feet in B1 B2 districts, five
(5) feet in industrial districts.
- Side Yard and Rear Yard Transition. Where a lot in a B1 B2 or"Industrial" district abuts a lot in a "One and Two Family Residential"
or "Multiple Family Residential" district, there shall be provided along
such abutting lines a yard equal in width or depth to that required in
the "One and Two Family Residential" and "Multiple Family
Residential" districts.
- Front Yard Transition. Where the frontage on one side of a street
between two streets which intersect therewith is zoned partly as"One and Two Family Residential" or "Multiple Family Residential"
and partly as a "B1, B2" or "Industrial" district, the front yard depth in
the "B1, B2" or "Industrial" district shall be equal to the required
front depth of the "One and Two Family Residential" or "Multiple
Family Residential" district.
- Rear Yard Transition. Where the frontage on one side of a street
between two streets which intersect therewith is zoned partly as"One and Two Family Residential" or "Multiple Family Residential"
and partly as a "B1, B2" or "Industrial" district, the rear yard depth in
the "B1, B2" or "Industrial" district shall be equal to the required rear
yard depth of the "One and Two Family Residential" or "Multiple
Family Residential" district.
- Corner Lot Transition. On every corner lot in a "One and Two
Family Residential" or "Multiple Family Residential" district, there
shall be provided on the side street a side yard equal to the front
yard depth on said side street.
- Off Street Parking. The following off-street parking spaces shall be
provided and satisfactorily maintained for each structure which,
after the date when this ordinance becomes effective, is erected,
enlarged or altered for use for any of the following purposes:
- Dwelling: Two parking spaces for each dwelling unit.
- Auditorium, Stadium, Theater, Church or Other Places of
Public Assemblage: At least one parking space for each four
seats provided for its patrons, based on maximum seating
capacity.
- Hotel: At least one parking space for each three guest
sleeping rooms.
- Motel: At least one parking space for each guest sleeping
room.
- Restaurant or Other Eating Place: Parking spaces in a number
equal to one-third of the total seating capacity, excepting
when it is in a building which provides parking space, in
which case the number of places already provided may be
taken to be available for the restaurant or other eating place.
- Hospital, Sanitarium, or Nursing Home: At least one parking
space for each five patient capacity.
- Retail Stores, Service Establishments and Repair Shops: At
least one parking space for each three hundred square feet of store floor area devoted to sales.
- Offices, Office Buildings, Banks and Other Financial
Institutions: At least one parking space for each three
hundred (300) square feet of office floor area.
- Industrial or Manufacturing Establishments: At least one
parking space for each four hundred (400) square feet of
gross floor area, exclusive of areas used only for storage.
- Bowling Alleys: At least four parking spaces for each alley.
- Amusement Enterprises, Exhibition Halls, Auction Barns, and
Places of Public Assembly Without Fixed Seats: At least one
parking space for each hundred square feet of floor area in
public use.
- Funeral Homes and Mortuaries: At least one parking space
for each fifty square feet of floor area in service rooms.
- Laundromats: At least one parking space for each two
machines.
All parking spaces provided pursuant to this section shall be
on the same lot with the building, except that the Board of
Zoning Appeals may permit the parking spaces to be on any
lot within five hundred (500) feet of the building, if it
determines that it is impractical to provide parking on the
same lot with the building. The requirements set forth for
off-street parking may be waived by the Board.
For purposes not specified above: Parking spaces shall be
provided in a number equal to the number required for the
listed use which is most similar, as determined by the
Advisory Plan Commission.
- Public Garages, Filling Stations, and Parking Areas. Plans for the
erection or structural alteration of any public garage for more than
five (5) motor vehicles, or a filling station, or a parking lot, shall be
approved by the Advisory Plan Commission. The Commission may
require such change in regard to yards, landscape treatment,
location of pumps, buildings, floodlights, surfacing and construction
of structures as it may deem best suited to insure safety, to minimize
traffic difficulties and to safeguard adjacent properties.
- Earthen Ponds and Lakes. No earthen pond, lake, or other similar
body of water shall be constructed in any "One and Two Family
Residential," "Multiple Family Residential," or "B1, B2" district; and
may be constructed in all other zoning districts only by special
exception of the Board. (Ord. 97-3, Article IV, April 8, 1997)
7.05.050 Signs.
- Purpose. The purpose of this Section is to promote and protect the
safety and welfare of the public and to enhance and preserve the
beauty and appearance of the environment through the regulations
of existing and proposed signs in the Town and Jurisdictional Area.
This Section is not intended to regulate the content of signs, but
merely their size and placement.
- Administration.
- Permanent Signs.
- Permit. Except as otherwise provided in this Section,
no permanent sign exceeding six (6) square feet in area
and six (6) feet in height above ground shall be
erected, placed, altered, located or relocated anywhere
in the Jurisdictional Area or in the Town until a sign
permit for such has been issued by the Executive
Secretary.
- Application for Sign Permit. Application for a
permanent sign permit shall be made upon forms
provided by the Executive Secretary, a copy of which
is contained in Form 1 of the Appendix to this
Ordinance (Chapter). An artist rendition, photograph
of similar sign, or sketch must be provided with all
permanent sign applications for Plan Commission
approval.
- Issuance of Permit. The Executive Secretary shall
examine the application and accompanying
information and the premises upon which the sign is
proposed to be located, and if it shall appear that the
proposed sign is in compliance with all the
requirements of this Section and any other applicable
Sections, the Executive Secretary shall then issue a
permit. Such permit shall be valid for a period of one
(1) year, and all work for which the permit had been
issued shall be completed within that period of time.
If work has not been completed within the one (1)
year period, it shall be necessary for the applicant to pply for another permit, just as if no previous permit
had been issued.
- Permit Fee. Every applicant, before being granted a
permanent sign permit, shall pay to the Town a Permit
Fee in the amount of Twenty-Five Dollars ($25.00).
The Executive Secretary shall refuse to issue any
permanent sign permit to any permittee or owner who
refuses to pay any costs so assessed.
- Revocation of Permits & Licenses. The Executive
Secretary is hereby authorized and empowered to
revoke any sign permit issued by him upon failure of
the applicant to comply with any provision of this
Section.
- Temporary Signs.
- Permit. Except as otherwise provided in this Section,
no temporary sign exceeding six (6) square feet in area
and six (6) feet in height above ground shall be
erected, placed, altered, located or relocated anywhere
in the Jurisdictional Area or in the Town until a
temporary sign permit for such has been issued by the
Executive Secretary. The height shall be measured
from street or sidewalk level.
- Application for Sign Permit. Application for a
temporary sign permit shall be made upon forms
provided by the Executive Secretary, a copy of which
is contained in Form 1 of the Appendix to this
Ordinance (Chapter).
- Issuance of Permit. The Executive Secretary shall
examine the application and accompanying
information and the premises upon which the
temporary sign is proposed to be located, and if it shall
appear that the proposed temporary sign is in
compliance with all the requirements of this Section
and any other applicable Sections, the Executive
Secretary shall then issue a temporary sign permit. The
permit shall not be valid for more than thirty (30) days
or forty eight (48) hours after the advertised event,
whichever occurs earlier. If a permit for a temporary
sign is issued, a new permit application for said
premises shall not be issued until thirty (30) days after
expiration of the prior permit.
- Permit Fee. Every applicant, before being granted a
temporary sign permit, shall pay to the Town a Permit
Fee in the amount of Five Dollars ($5.00). The
Executive Secretary shall refuse to issue any sign
permit to any permittee or owner who refuses to pay
any costs so assessed.
- Revocation of Permits & Licenses. The Executive
Secretary is hereby authorized and empowered to
revoke any temporary sign permit issued by him upon
failure of the applicant to comply with any provision
of this Section.
- Unsafe and Unlawful Signs. If the Executive Secretary shall
find that any sign, sign framework, or any part thereof is
unsafe, unsecured, a menace to the public, not in good
condition or repair, or has been constructed or located in
violation of the provisions of this Section and any other
applicable Sections, he shall notify the permittee or owner
hereof to comply with the provisions of this Ordinance
(Chapter). Signs must be in compliance within fifteen (15)
days from receipt of such notice. Upon failure to comply
with such notice within the prescribed period, the Executive
Secretary or duly authorized representative is hereby
authorized to take whatever corrective action is necessary to
bring the sign into compliance with this Ordinance (Chapter),
and to collect the costs of such corrective action, together
with a penalty from the permittee or owner, in the manner
provide by law and this Ordinance (Chapter).
- Removal of Certain Signs. Any commercial sign which no
longer advertises an existing business conducted or product
sold on the premises, shall be removed by the owner of the
sign or premises upon which such sign is located. The
Executive Secretary, upon determining that all business
operations have ceased and noting that a sign exists, shall
notify the owner of the premises in writing to remove said
sign within thirty (30) days after the date of such notice.
Upon failure to comply with such notice within the
prescribed period, the Executive Secretary is hereby
authorized to take whatever corrective action is necessary to
cause removal of such sign, and to collect the costs of such
corrective action, together with a penalty from the owner of
such sign or of such property, as the case may be, in the
manner provided by law and this Ordinance (Chapter).
- Nonconforming Exempt Signs. Existing signs which do not
conform to the provisions of this Section as of the effective
date of this Ordinance (Chapter) shall be considered lawful
nonconforming exempt signs. No nonconforming sign shall
be altered, rebuilt, or moved without being brought into
compliance with the requirements of this Ordinance
(Chapter). Minor repairs, routine maintenance and repainting
are permitted and are not considered alterations for the
purposes of this Ordinance (Chapter). A minor repair is
considered any repair having a value of less than twenty-five
percent (25%) of the replacement value of such sign and such
repairs are limited to once every twelve (12) months. Single
face changes are not considered alterations for the purposes
of this Ordinance (Chapter). Any non-conforming sign
destroyed by an act of God may be repaired or replaced by a
sign of same dimensions of original size. Any repairs or
replacements must be completed within six (6) months after
destruction.
- Specific Regulations.
- Wall Signs.
- The cumulative area of one or more wall signs shall
not exceed the lesser of a total square foot area of
more than twenty-five percent (25%) or two hundred
forty (240) square feet of the total wall and window
area to which they are attached.
- Wall signs shall not extend out from the building or
structure to which they are attached for more than
one (1) foot, except that any wall sign or part thereof
which is less than nine (9) feet above the ground level
shall not extend out for more than four (4) inches.
- Projecting Signs
- Projecting signs shall not project or extend out from
the building or structure to which it is attached for
more than five (5) feet.
- Tops of projecting signs shall not exceed twenty (20)
feet in height above ground level.
- No glass shall be used in projecting signs other than
safety glass.
- Size of projecting sign area shall be no more than
twenty-five (25) square feet.
- There shall be no more than one (1) projecting sign per
building.
- Ground (Free Standing) Signs
- No part of any ground sign shall be closer than six (6)
feet to a street curb line or edge of pavement.
- No ground sign shall be allowed on street corners
within the triangular area fifteen (15) feet along each
intersecting street.
- No part of any ground sign shall be closer than six (6)
feet to any adjacent lot or property line.
- Awnings, Canopies, and/or Marquees
- All awnings, canopies and/or marquees shall be
constructed and erected so that the lowest portion
thereof shall not be less than nine (9) feet above the
level of the sidewalk.
- No portion of any awning, canopy and/or marquee
shall be permitted to extend beyond a point five (5)
feet inside the curb line.
- No sign shall be placed on any awning, canopy and/or
marquee except the name of the owner and the
business or activity conducted on the premises may be
painted or otherwise permanently placed in a space
not exceeding twelve (12) inches in height on the front
and side portions thereof.
- Street Clocks
- Street Clocks must meet regulations set forth for
ground (free standing), wall and projecting signs
contained herein.
- Only the name of the owner and/or name of the
business or activity conducted on the premises shall
be permitted to appear on the clock.
- Flashing or blinking lights are permitted only to
indicate the time and/or temperature.
- Temporary Signs. Temporary signs for the purpose of this
Section shall mean any display or sign constructed of fabric,
canvas, plastic, plywood or other light material and designed
or intended to be displayed for a short period of time (such as
banners, balloons, construction signs, sales event signs,
political campaign signs, yard sale signs.) All temporary signs,
regardless of area and size, must meet the following
requirements:
- All temporary signs may be erected no more than thirty
(30) days prior to the event they advertise.
- Temporary signs must be marked in permanent marker
in the lower right hand corner with the date on which
it was erected.
- All temporary signs must be removed within thirty (30)
days after they are erected or within forty-eight (48)
hours after the event they advertised, whichever
occurs earlier.
- In the event temporary signs are not removed from the
public right-of-way or public property within thirty
(30) days after they are erected and/or forty-eight (48)
hours after the advertised event, whichever occurs
earlier, the Town may remove the sign.
- If a temporary sign is erected, the same or a different
temporary sign may not be erected on the premises
until thirty (30) days after removal of the temporary
sign.
- No more than two (2) banners may be displayed at any
time per premises, with total square footage of all
banners not to exceed fifty (50) square feet.
- All temporary signs, shall not be located on any tree or
public utility pole.
- Roof Signs. Roof signs are not permitted.
Rationale: The restriction of roof signs furthers the public
interest of reducing visual clutter which has been determined
to be a cause of unsafe traffic conditions. Adequate and
ample means of portraying the message on such signs
remains available, including wall signs, projecting signs,
ground (free-standing) signs, marquees, and street clocks.
- General Provisions.
- No sign shall be erected that by reason of position,
shape, or color may interfere with, obstruct the view
of, or be confused with any authorized traffic sign,
signal or device.
- Under no circumstance shall any sign or part thereof
project over or extend beyond a point five (5) feet
inside the curb line or edge of the street pavement.
- No part of any sign shall project or extend over any
pedestrian walkway for a distance of more than eight
(8) feet, and every such sign projecting out for more
than two (2) feet shall have a clear space of at least
nine (9) feet below all projecting parts.
- No sign may be placed on utility poles.
- Signs - Residential. Signs shall be permitted in districts zoned
Residential if they comply with the following:
- One (1) ground (free-standing) sign per structure per
street lot is permitted.
- Size of ground signs shall be no more than six (6)
square feet.
- Tops of ground signs shall not exceed six (6) feet in
height above ground level. The height shall be
measured from street or sidewalk level.
- Illuminated signs are prohibited in residential uses.
- No sign used for display of commercial advertising
shall be permitted in a district zoned residential unless
approved by the Board of Zoning Appeals.
- Signs shall be placed and located so as to maintain the
integrity of the residential area, shall not conflict with
pedestrian or traffic movements and shall not be
injurious to the public health, safety or welfare.
- Signs - Agricultural. Signs shall be permitted in districts zoned
Agricultural if they comply with the following:
- One (1) ground (free-standing) sign per lot is
permitted.
- Size of ground signs shall be no more than six (6)
square feet.
- Tops of ground signs shall not exceed six (6) feet in
height above ground level. The height shall be
measured from street or sidewalk level.
- Illuminated signs are prohibited in agricultural uses.
- Signs used for display of commercial advertising shall
pertain to the existing business, activity or product
sold or used on the premises.
- Signs used for display of commercial advertising which
pertains to an existing business, industry, activity or
product sold or used at a location other than the
premises where the sign is located shall not be
permitted in a district zoned agricultural unless
approved by the Board of Zoning Appeals.
- Signs shall be placed and located so as to maintain the
integrity of the agricultural area, shall not conflict with
pedestrian or traffic movements and shall not be
injurious to the public health, safety or welfare.
- Signs - Non-Residential.
- Commercial. Signs shall be permitted in districts
zoned Business B1 and B2 if they comply with the
following:
- No more than one (1) wall sign.
- No more than one (1) ground (free-standing)
sign per structure per street frontage, not to
exceed fifty (50) square feet in area. The
ground (free-standing) sign shall not exceed
twenty (20) feet in height above ground level.
The height shall be measured from street or
sidewalk level.
- Shopping Center, Business Park, Office Park, or
other Grouping, in addition to the permitted
wall sign, are allowed no more than one (1)
marquee per one thousand (1,000) lineal feet of
building frontage.
- Signs used for display of commercial advertising
shall pertain to the existing business, activity or
product sold on the premises.
- Signs shall be placed and located so as to
maintain the integrity of the building or
structure, shall not conflict with pedestrian or
traffic movements, shall not be injurious to the
public health, safety or welfare, and shall be
designed in keeping with the character of the
structure and surrounding land use.
- Industrial. Signs shall be permitted in districts zoned
Industrial if comply with the following:
- No more than one (1) wall sign.
- No more than one (1) ground (free-standing)
sign per structure per street front, not to exceed
one hundred (100) square feet in area. The
ground (free-standing) sign shall not exceed
eight (8) feet in height above ground level. The
height shall be measured from street or
sidewalk level.
- Industrial Parks, in addition to the permitted
wall sign, are allowed no more than one (1)
marquee sign per one thousand (1,000) lineal
feet of building frontage.
- Signs used for display of commercial advertising
shall pertain to the existing business, industry,
activity or product sold on the premises.
- Signs shall be placed and located so as to
maintain the integrity of the building or
structure, shall not conflict with pedestrian or
traffic movements, shall not be injurious to the
public health, safety or welfare, and shall be
designed in keeping with the character of the
structure and surrounding land use.
- Signs - Overlay Sign Zone A. In order to encourage multiple
user signs, developers in the Overlay Sign Zone A District
shall be permitted one (1) additional ground sign on the
development site for each five (5) acres of development,
subject to the following guidelines:
- The top of the one (1) additional ground sign shall be
no more and no less than one hundred (100) feet in
height above ground level. The height will be
measured from the nearest street or sidewalk level or
the ground at the base of the sign, whichever is higher.
- Size of ground signs shall depend on the number of
users:
- A single user sign shall not exceed two hundred
and fifteen (215) square feet in area.
- A two user sign shall not exceed four hundred
and thirty (430) square feet in area, with any
single user on the two user sign not to exceed
two hundred and fifteen (215) square feet in
area.
- A three user sign shall not exceed six hundred
and forty (640) square feet in area, with any
single user on the three user sign not to exceed
two hundred and fifteen (215) square feet in
area.
- Ground signs shall be a minimum of three hundred
(300) feet from the right of way of State Road 162.
- Ground signs shall be maintained and located at a
minimum of intervals of five hundred (500) feet.
- Signs used for display of commercial advertising shall
pertain to the existing business, industry, activity or
product sold on the premises.
- Signs - Overlay Sign Zone B. Any sign located in the Overlay
Sign Zone B District shall be a minimum of fifty (50) feet from
the right of way of State Road 162.
- Signs - Overlay Sign Zone C. Any sign located in a districts
zoned Commercial and Industrial in the Overlay Sign Zone C
District shall comply with the following:
- No more than one (1) ground (free-standing) sign per
structure per street front, not to exceed fifty (50)
square feet in area. The ground (free-standing) sign
shall not exceed twenty (20) feet in height above
ground level. The height shall be measured from street
or sidewalk level.
- Signs used for display of commercial advertising shall
pertain to the existing business, industry, activity or
product sold on the premises.
- Outdoor Advertising Signs: Signs used for display of
commercial advertising which pertains to an existing
business, industry, activity or product sold at a location other
than upon the premises where the sign is located shall be
permitted in districts zoned Business B2 or Industrial if they
comply with the following:
- No more than one (1) ground (free-standing) sign, not
to exceed fifty (50) square feet in area. The ground
(free-standing) sign shall not exceed twenty (20) feet in
height above ground level. The height shall be
measured from street or sidewalk level.
- Signs shall be placed and located so as to maintain the
integrity of the building or structure, shall not conflict
with pedestrian or traffic movements, shall not be
injurious to the public health, safety or welfare, and
shall be designed in keeping with the character of the
structure and surrounding land use.
- The area of such sign must be included in the total
allowable sign area of the owner of the premises on
which the sign is located.
- Penalties. Any person who fails to comply with any or all of the
requirements of this Section or who fails to or refuses to comply
with any notice, order or direction of the Executive Secretary made
thereunder shall be guilty of an offense, and upon conviction
thereof shall pay a fine to the Town of Ferdinand of not less than
Twenty-Five Dollars ($25.00) and no more than One Hundred
Dollars ($100.00) plus costs of prosecution. Each day of violation
shall be deemed a separate offense.
- Variances.
- The Board of Zoning Appeals may grant a variance from the
requirements of this Section if it finds the following
conditions exist:
- 1. The approval will not be injurious to the public health,
safety, morals, and general welfare of the community;
- 2. The use and value of the area adjacent to the property
included in the variance will not be affected in a
substantially adverse manner; and
- 3. The strict application of the terms of this Section will
result in practical difficulties in the use of the property.
- 4. The variance requested is the minimum necessary to
permit the applicant reasonably to draw attention to
its business, enterprise, and exhibition.
- The Board of Zoning Appeals may make any variance it
grants subject to any reasonable conditions that it deems
necessary or desirable to make the device that is permitted by
the variance compatible with the purposes of this Ordinance
(Chapter).
- If a variance is granted the area of such sign must be included
in the total allowable sign area of the owner of the premises
on which the sign is located. (Ord. 97-3, Article V, S1-5, April
8, 1997)
7.05.060 Flood Plain Overlay Zoning District.
- Floodplain Overlay District. There is hereby established a floodplain
overlay district as herein described whose restrictions shall be in
addition to those of the underlying zoning district. Wherever a
discrepancy exists between the floodplain regulations and the
zoning district regulations, the more restrictive shall apply.
- Statutory Authorization. The Indiana Legislature granted the
power to local units of government (IC 36-7-4) to control land
use within their jurisdictions in order to accomplish the
following.
- Statement of Purpose. The purpose of this section is to guide
development in the flood hazard areas in order to reduce the
potential for loss of life and property, reduce the potential for
health and safety hazards, and to reduce the potential for
extraordinary public expenditures for flood protection and
relief. Under the authority granted to local units of
government to control land use within their jurisdiction,
which includes taking into account the effects of flooding,
the Town hereby adopts the following floodplain
management regulations in order to accomplish the
following:
- to prevent unwise developments from increasing flood
or drainage hazards to others;
- to protect new buildings and major improvements to
buildings from flood damage;
- to protect human life and health from the hazards of
flooding;
- to lessen the burden on the taxpayer for flood control
projects, repairs to flood-damaged public facilities and
utilities, and flood rescue and relief operations;
- to maintain property values and a stable tax base by
minimizing the potential for creating flood blighted
areas; and
- to make federally subsidized flood insurance available
for property in the Town by fulfilling the requirements
of the National Flood Insurance Program.
- Definitions. For the purpose of this section, the following
definitions are adopted:
- Building - see "structure."
- Development - any man-made change to improved or
unimproved real estate including but not limited to:
- construction, reconstruction, or placement of a
building or any addition to a building;
- installing a manufactured home on a site,
preparing a site for a manufactured home or
installing a recreational vehicle on a site for
more than 180 days;
- installing utilities, erection of walls and fences,
construction of roads, or similar projects;
- construction of flood control structures such as
levees, dikes, channel improvements, etc.;
- mining, dredging, filling, grading, excavation, or
drilling operations;
- construction and/or reconstruction of bridges
or culverts;
- storage of materials; or
- any other activity that might change the
direction, height, or velo
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