Chapter 20.05 DEVELOPMENT STANDARDS [1]

Sections:


20.05.001 Introduction.

After the effective date of this title, no building or structure or any portion thereof, or use of land, whether existing or hereafter established, shall be established, altered, changed, erected, constructed, reconstructed, moved, divided, enlarged, demolished or maintained except in compliance with the development standards of this chapter, except as otherwise hereinafter provided.

(Ord. 06-24 § 3 (part), 2006).

20.05.002 How to use this chapter.

This chapter 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)

Refer to the two-page layouts in Chapter 20.02, Zoning Districts for a specific zoning district. In the "Additional Development Standards that Apply" box for that specific zoning district are listed four-digit codes that determine which development standards apply. Only the four-digit codes noted in the "Additional Development Standards that Apply" section apply to that zoning district.

(As an example, on page 530, the four-digit code "AT-01" can be found under the "Additional Development Standards that Apply" section in the residential estate (RE) zoning district. Therefore, the development standards in Section 20.05.010, AT-01 (Alternative transportation—General) (on page 530) applies to the residential estate (RE) zoning district).

(b)

Refer to the icons used at the top of each development standard section in this chapter. Each development standard section begins with a four-digit code and introductory sentence followed by square icons with zoning district abbreviations (e.g., "CD" for the commercial downtown zoning district or "RS" for the residential single-family zoning district). These zoning district icons note that the development standard written in that section applies to that zoning district.

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(As an example, on page 545, the RS icon (right) can be found under Section 20.05.036, ED-02 (Entrance and drive standards—Single-family). Therefore the language in Section 20.05.036, ED-02 (Entrance and drive standards—Single-family) applies to the RS zoning district.)

(Ord. 06-24 § 3 (part), 2006).

20.05.003 Icon key.

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- Residential estate (RE) district

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- Residential single-family (RS) district

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- Residential core (RC) district

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- Residential multifamily (RM) district

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- Residential high-density multifamily (RH) district

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- Manufactured/mobile home park (MH) district

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- Commercial limited (CL) district

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- Commercial general (CG) district

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- Commercial arterial (CA) district

CD.png

- Commercial downtown (CD) district

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- Industrial general (IG) district

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- Business park (BP) district

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- Institutional (IN) district

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- Medical (MD) district

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- Quarry (QY) district

(Ord. 06-24 § 3 (part), 2006).

20.05.004 AS-01 (Accessory structures—General).

This accessory structure standards section applies to the following zoning districts:

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(a)

Conformance with the Regulations. Accessory structures shall comply with all development standards for the subject zoning district regardless of whether a certificate of zoning compliance is required; unless specified otherwise.

(b)

Prohibitions. A mobile home, manufactured home, recreational vehicle, semi-tractor trailer, boat or motor vehicle shall not be used as an accessory structure in any zoning district.

(c)

Timing. Accessory structures are not permitted on a parcel prior to any primary structure being constructed, except where the accessory structure is being used in conjunction with the act of constructing a primary structure or for agricultural purposes.

(d)

Swimming Pools. Swimming pools are subject to the Indiana Administrative Code (675 IAC 20: Swimming Pool Code), the standards of this title, and the standards of the Bloomington Municipal Code (BMC Section 14.36.160).

(e)

Exemptions. The installation of detached structures that serve as covered, short-term Class II bicycle parking facilities shall not count towards the maximum number of accessory structures allowed under Sections 20.05.005(a), 20.05.006(b) and 20.05.007(a).

(Ord. 06-24 § 3 (part), 2006).

20.05.005 AS-02 (Accessory structures—Residential).

This accessory structure standards section applies to the following zoning districts:

20-05-005.png

(a)

Maximum Number. No more than two enclosed accessory structures (e.g., detached garage, pool house, shed) are permitted on a parcel.

(b)

Maximum Cumulative Area. The cumulative area of the footprints of all enclosed accessory structures shall not exceed:

(1)

Five hundred eighty square feet for the RC zoning district; or

(2)

Eight hundred forty square feet for the RS zoning district.

(c)

Architectural Design. The exterior finish and facade of a detached garage shall match or closely resemble the finish and facade materials used on the primary structure.

(Ord. 06-24 § 3 (part), 2006).

20.05.006 AS-03 (Accessory structures—Manufactured and mobile homes).

This accessory structure standards section applies to the following zoning districts:

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(a)

Criteria. Management offices, sales offices, storage, laundry, and other structures customarily incidental to manufactured home parks or mobile home parks are permitted, provided the following criteria are met:

(1)

The accessory structure is subordinate to the residential component of the park; and

(2)

The accessory structure is located, designed and intended to serve only the needs of the park; and

(3)

The establishments located within the accessory structure present no visible evidence of their business nature to areas outside the park.

(b)

Maximum Number. Each manufactured home or mobile home is allowed no more than one accessory structure in addition to a carport or garage.

(c)

Maximum Cumulative Area. The total area of all accessory structures shall not exceed ten percent of the dwelling site. Attached or detached garages, and carports are to be counted toward the total accessory building area.

(Ord. 06-24 § 3 (part), 2006).

20.05.007 AS-04 (Accessory structures; multifamily and commercial).

This accessory structures standards section applies to the following zoning districts:

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(a)

Maximum Number. No more than two enclosed accessory structures (e.g. detached garage, shed, storage building) are permitted on a parcel.

(b)

Maximum Cumulative Area. The cumulative area of all enclosed accessory structures shall not exceed one thousand five hundred square feet or fifty percent of the square footage of the primary structure, whichever is less.

(c)

Architectural Design. The exterior finish and facade of each enclosed accessory structure shall match or closely resemble the finish and facade materials used on the primary structure.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.008 AS-05 (Accessory structures—Industrial, institutional and quarry).

This accessory structure standards section applies to the following zoning districts:

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(a)

Maximum Number. There is no limit to the number of enclosed accessory structures (e.g., warehouse, storage building) on a parcel.

(Ord. 06-24 § 3 (part), 2006).

20.05.009 AH-01 (Affordable housing—General).

Purpose. Within the city of Bloomington, it is acknowledged that there is a need to provide affordable housing for very low- to moderate-income households. It is necessary to help maintain a diverse housing stock and to allow working people to have better access to jobs and to upgrade their economic status.

This affordable housing standards section applies to the following zoning districts:

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(a)

Prohibitions. No person shall sell, rent, purchase, or lease an affordable unit created pursuant to this section except to income-eligible households and in compliance with the provisions of this section.

(b)

Eligibility. To qualify for the development standard incentives outlined in this section, petitioners must enter into an affordable housing program administered by the federal, state, or local governments.

(c)

Location. When built as part of a larger development that also includes market rate housing, all affordable units constructed or rehabilitated under this section shall not be situated within the development in less desirable locations than market-rate units and shall not, on average, be less accessible to public amenities, such as open space, than the market rate units. Affordable housing shall be integrated with the rest of the development and shall be compatible with the market rate units in design, appearance, construction and quality of materials.

(d)

Incentives. The following incentives may be used to build affordable housing units:

(1)

Waiver of Fees.

(A)

Filing fees for the plan commission and/or board of zoning appeals may be waived by the planning and transportation director.

(B)

Fees associated with right-of-way excavation permits may be waived by the planning and transportation director.

(C)

Sewer hook-on fees may be waived or reduced by the utilities service board.

(2)

Sidewalk Construction. Where deemed appropriate by the planning and transportation director, the construction of sidewalks and installation of street trees may be done by the city.

(3)

Single-Family Residential Parking. Parking requirements may be reduced to a maximum of one on-site parking space per single-family house when adequate adjacent on-street parking is available.

(4)

Reduced Bulk Requirements—Single-Family Lots. The following reductions in development standards may be applied to single-family residential lots and may be approved by the planning staff:

(A)

Lot area: minimum lot area standards may be reduced up to forty percent.

(B)

Lot width: minimum lot width standards may be reduced up to twenty percent.

(C)

Side building setbacks: side building setbacks may be reduced to five feet regardless of the number of stories.

(D)

Rear building setbacks: rear building setbacks may be decreased to fifteen feet.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009; Ord. No. 14-12, §§ 5, 15, 7-9-2014)

20.05.010 AT-01 (Alternative transportation—General).

Purpose. To reduce traffic congestion in the city of Bloomington and improve the health, fitness and quality of life of Bloomington's residents by providing safe, convenient, and attractive alternative transportation paths, sidewalks, trails, and other facilities throughout the city.

This alternative transportation standards section applies to the following zoning districts:

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(a)

Inspection and Acceptance. Prior to the issuance of a final certificate of occupancy, all alternative transportation facilities located within the adjoining public right-of-way or dedicated easements shall be inspected for compliance with city of Bloomington, Bloomington Public Transportation Corporation, and/or AASHTO standards.

(b)

Paths, Sidewalks and Trails.

(1)

Construction Standards. All path, sidewalk, and trail improvements shall be constructed as per the city of Bloomington standards and/or AASHTO requirements.

(2)

Additional Facility Amenities. The following amenities shall be required in accordance with the design standards identified in the bicycle and pedestrian transportation and greenways system plan:

(A)

Informational signage;

(B)

Pavement marking; and

(C)

Safety bollards.

(3)

Sidewalks. Sidewalks shall be provided as follows:

(A)

Minimum Width. Five feet.

(B)

Surface. Sidewalks shall be constructed of concrete.

(C)

Location.

(i)

External Sidewalks. Sidewalks shall be located one foot inside the public right-of-way or within a pedestrian easement along all abutting street frontages.

(ii)

Internal Sidewalks. Sidewalks shall be provided that link abutting streets to facilities on the site, link separate facilities within the site to each other, and provide access to adjoining transit stops. Internal sidewalks shall not be required for single-family residential lots.

(D)

Separation. Sidewalks shall have a minimum separation of five feet from the curb, or edge of pavement where no curb exists. In situations where the minimum separation cannot be achieved due to constraints such as limited public right-of-way, mature trees, or unsuitable topography, the sidewalk location may be designed to avoid the constraints, provided that a pedestrian easement is established for any locations where the sidewalk is not within the public right-of-way, and that the minimum five-foot separation is maintained.

(i)

In situations where the sidewalk must be located within a pedestrian easement on private property, the portions of the sidewalk within the pedestrian easement shall not count toward the maximum impervious surface coverage for the property.

(ii)

In situations where the city planning and transportation department has determined that a pedestrian easement is not feasible, the planning and transportation director may approve the following design options:

a.

A five-foot wide sidewalk with reduced vegetated plot width.

b.

A six-foot wide monolithic sidewalk and curb.

(E)

Cross-Slopes. Sidewalks shall be constructed in such a manner to ensure that the cross-slopes over entrances and drives comply with ADA requirements.

(4)

Sidepaths. Where sidepaths are identified on the bicycle and pedestrian transportation and greenways system plan, or as construction of new streets warrants the provision of sidepaths, such facilities shall be provided as follows:

(A)

Minimum Width. Eight feet.

(B)

Surface. Sidepaths shall be paved with asphalt. Alternative surface materials, such as ADA-compliant permeable pavers, may be authorized by the planning and transportation director in order to mitigate environmental impacts.

(C)

Location. Sidepaths shall be constructed one foot inside the public right-of-way line.

(5)

Bike Lanes. Where development projects include the construction of new public streets that are identified as having bike lanes in the bicycle and pedestrian transportation and greenways system plan, such facilities shall be provided as follows:

(A)

Minimum Width. Five feet. Any adjacent curb and gutter shall not be included in the bike lane width measurement.

(B)

Location. Striped bike lanes shall be located at the outer edge of the street, adjacent to the curb.

(C)

Substitution. Substitution of an eight-foot wide sidepath may be allowed per the planning and transportation director.

(6)

Multiuse Trails. Where multiuse trails are identified on the bicycle and pedestrian transportation and greenways system plan, such facilities shall be provided as follows:

(A)

Minimum Width. Pavement width shall be a minimum of twelve feet, and the paved trail shall have two-foot wide crushed stone shoulders on both sides.

(B)

Surface. Multiuse trails shall be paved with asphalt. Alternative surface materials, such as ADA-compliant permeable pavers, may be authorized by the planning and transportation director in order to mitigate environmental impacts.

(C)

Dedication. All multiuse trails shall be dedicated to the city parks department within rights-of-way of fifty feet in width. Right-of-way width for multiuse trails may be reduced by the planning and transportation director upon approval by the director of parks and recreation.

(7)

Connector Paths. Where a development is adjacent to a public park, school, commercial area, or existing or proposed multiuse trail as identified in the bicycle and pedestrian transportation and greenways system plan, connector paths shall be provided as follows:

(A)

The design of any required connector path that will connect to a public park or multiuse trail shall be subject to the approval of the city parks and recreation department. The parks and recreation department may waive the connector path requirement if it determines that the proposed connection to a public park or multiuse trail is not desirable or is redundant to existing facilities.

(B)

Minimum Width. Eight feet.

(C)

Surface. Connector paths shall be constructed of asphalt or concrete. Alternative surface materials may be authorized by the planning and transportation director in order to mitigate impacts to environmental constraints.

(D)

Easement. Connector paths shall be contained within pedestrian easements of at least fifteen feet in width.

(E)

Recording of Easements. Refer to Chapter 20.07, EA: Easement Standards.

(F)

Undeveloped Properties. Where vacant or undeveloped properties are adjacent to a property under development, connector paths shall be stubbed to the property line to allow for future connection when adjacent properties are developed.

(c)

Transit Facility Standards.

(1)

General Standards.

(A)

For the purposes of this section, transit facilities shall include:

(i)

Benches;

(ii)

Shelters; or

(iii)

Other similar transit stop amenities.

(B)

Where a development is required to install one or more transit facilities, the type and location of such facilities shall be as determined by the Bloomington Public Transportation Corporation. Where such facilities are proposed within the public right-of-way, board of public works approval shall also be required.

(C)

The Bloomington Public Transportation Corporation may waive a required transit facility if deemed unnecessary based on existing facilities.

(2)

Existing Public Transportation Routes.

(A)

Transit Facility. For any multifamily development of at least twenty dwelling units, or for any nonresidential development of at least twenty thousand square feet gross floor area, developed adjacent to one or more public transportation routes, a transit facility shall be constructed on all routes for which one or more of the following criteria are met:

(i)

Usage. The proposed development is expected to generate public transit usage; or

(ii)

Proximity. The nearest existing transit facility on the route is more than one-fifth of one mile (one thousand fifty-six feet) away from the closest primary building on the site, measured along rights-of-way; or

(iii)

Route Overlap. The routes do not cross or overlap in a fashion that would allow the placement of a single transit facility to serve all routes.

(B)

Location. The transit facility shall occupy:

(i)

A site within or adjacent to the right-of-way on which the public transportation route is established; or

(ii)

Another site as approved by the public transportation authority. Such site shall be contained within a transit facility easement.

(C)

Pedestrian Accessibility. Transit facilities shall be connected to the public sidewalk system and ADA-accessible routes.

(3)

Future Public Transportation Routes.

(A)

Transit Facility Easement. For any development where one or more public transportation routes are reasonably expected to exist on adjacent public streets in the future, and where the development is expected to generate public transit usage, transit facility easements shall be established on each future route if one or more of the following criteria exist:

(i)

Route Overlap. The routes do not cross or overlap in a fashion that would allow the placement of a single transit facility to serve all routes; or

(ii)

Insufficient Right-of-way. Insufficient right-of-way exists to reasonably allow a transit facility and/or transit service access.

(B)

Location. Transit facility easements shall occupy:

(i)

A site adjacent to the right-of-way on which the public transportation route is established; or

(ii)

Another site as approved by the public transportation authority.

(4)

Transit Facilities and Easements.

(A)

Pedestrian Traffic. Public transit facilities shall be designed such that they will not interfere with the normal flow of pedestrian traffic on public or private sidewalks.

(B)

Construction Standards. Public transit facilities, shelters, and appurtenant amenities shall be built to meet the requirements of the Bloomington Public Transportation Corporation.

(C)

Setback Exemption. Public transit facilities, shelters, and appurtenant amenities shall be exempt from the setback standards of the zoning district.

(D)

Minimum Easement Depth. Ten feet.

(E)

Minimum Easement Width. Fifteen feet.

(F)

Recording of Easements. Refer to Chapter 20.07, EA: Easement Standards.

(5)

Bus Turnout Areas.

(A)

Bus Turnout. Bus turnout areas shall be constructed in conjunction with a given transit route if a transit stop is warranted, and the street on which the public transportation route is established is classified as a primary arterial on the master thoroughfare plan.

(B)

Dimensional Standards. Bus turnout areas shall be built to the dimensional requirements of the Bloomington Public Transportation Corporation.

(C)

Construction Standards. The engineering design of bus turnout areas shall be coordinated with the city planning and transportation department.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009; Ord. No. 14-12, §§ 5, 10, 15, 19, 7-9-2014)

20.05.011 AT-02 (Alternative transportation—Bicycle parking standards—General).

This alternative transportation standards section applies to the following zoning districts:

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(a)

Rights-of-way. Bicycle parking spaces shall not be located fully or partially within a public right-of-way except upon approval from the board of public works.

(b)

Access. All required bicycle parking spaces shall be located such that a three-foot clear space is provided to all sides of a standard six-foot bicycle parked in each required space.

(c)

Pedestrian Obstruction. Bicycle parking facilities shall not cause any obstruction to pedestrian traffic.

(d)

Surface. Bicycle parking areas shall be placed on a paved surface composed of concrete, asphalt, brick pavers, or the like. Under no circumstances shall bark mulch, crushed stone, stone, rock, dirt, sand or grass be permitted as a surface for bicycle parking areas.

(e)

Type. A long-term Class I or short-term Class II bicycle security facility shall be utilized for all bicycle parking requirements.

(f)

Collocation. Bicycle parking facilities may be located in one nonrequired vehicular automobile parking space so long as it is not designated a handicap space and the location meets the other provisions of this section.

(Ord. 06-24 § 3 (part), 2006).

20.05.012 AT-03 (Alternative transportation—Bicycle parking standards—Exceptions).

This alternative transportation standards section applies to the following zoning districts:

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(a)

Partial Exceptions. The following nonresidential uses shall provide a minimum of two Class II bicycle parking spaces, and are otherwise exempt from Section 20.05.014, AT-05 (Alternative transportation—Bicycle parking standards—Nonresidential and mixed use):

(1)

Vehicle sales/rental;

(2)

Boat sales;

(3)

Car washes;

(4)

Vehicle repair;

(5)

Drive-through;

(6)

Mortuaries;

(7)

Cemeteries/mausoleums;

(8)

Crematories;

(9)

Crops and pasturage;

(10)

Orchards; and

(11)

Tree farms.

(b)

Full Exceptions. The following nonresidential uses are exempt from bicycle parking requirements:

(1)

Utility substation and transmission facilities.

(2)

Communications facilities.

(Ord. 06-24 § 3 (part), 2006).

20.05.013 AT-04 (Alternative transportation—Bicycle parking standards—Multifamily residential).

This alternative transportation standards section applies to the following zoning districts:

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(a)

Number. Multifamily developments shall provide one Class II bicycle parking space per six bedrooms, or a minimum of four bicycle parking spaces, whichever is greater.

(b)

Location.

(1)

Proximity. A dedicated bicycle parking area equipped with bicycle racks shall be within fifty feet of the main entrance of each primary residential building on site.

(2)

Distribution. Buildings with twelve bedrooms or more shall provide a minimum of two Class II bicycle parking spaces per residential building. These spaces shall count toward fulfilling the total site requirement.

(c)

Covered Spaces. Developments with more than thirty-two bedrooms total shall provide a minimum of one-half of the total number of required bicycle parking spaces as covered, short-term Class II bicycle parking facilities and a minimum of one-quarter as long term Class I facilities.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.014 AT-05 (Alternative transportation—Bicycle parking standards—Nonresidential and mixed use).

This alternative transportation standards section applies to the following zoning districts:

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(a)

Nonresidential Uses.

(1)

Number. Developments shall provide one Class II bicycle parking space per fifteen required vehicular parking spaces, or a minimum of four bicycle parking spaces, whichever is greater. The planning and transportation director may approve a reduced number of bicycle parking spaces for a development within the CD zoning district where existing bicycle parking facilities located within the public right-of-way are within one hundred feet of the building's main entrance, provided that a minimum of four bicycle parking spaces are provided on-site.

(2)

Location. A dedicated bicycle parking area, equipped with bicycle racks, shall be located within fifty feet of the main entrance of each primary building on site.

(3)

Covered. Developments with more than twenty thousand square feet of gross floor area shall provide Class II covered bicycle parking spaces for all required spaces.

(b)

Mixed Uses.

(1)

Developments with both nonresidential and residential uses shall provide the cumulative required number of bicycle parking spaces as calculated for the respective nonresidential and residential requirements in Sections 20.05.012, AT-03 (Alternative transportation—Bicycle parking standards—Exceptions), 20.05.014, AT-05 (Alternative transportation—Bicycle parking standards—Nonresidential and mixed use), and this section.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009; Ord. No. 14-12, § 5, 7-9-2014)

20.05.015 AG-01 (Architectural standards—General).

This architectural standards section applies to the following zoning districts:

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(a)

Applicability. The following architectural standards shall apply to the construction of new buildings on parcels located wholly or partially within three hundred feet of the centerline of a primary arterial, or five hundred feet of the centerline of a freeway/expressway, as classified by the master thoroughfare plan.

(b)

Exceptions. Single-family dwelling units shall not be subject to the architectural standards of this section. Such residential dwelling units shall be subject to the architectural standards found in Section 20.05.016, AG-02 (Architectural standards—Residential).

(c)

Standards. The following architectural standards shall apply:

(1)

Materials. Primary exterior building materials for facades visible from a primary arterial or freeway/expressway shall consist of one or more of the following:

(A)

Cementitious siding;

(B)

EIFS;

(C)

Masonry;

(D)

Natural stone;

(E)

Precast concrete;

(F)

Split-faced block;

(G)

Transparent glass;

(H)

Wood;

(I)

Other products that replicate the appearance and durability of the above materials, as approved by the staff.

(2)

Exterior Facades. No building facade visible from a primary arterial or freeway/expressway shall have a blank, uninterrupted length exceeding forty feet without including three or more of the following design elements:

(A)

Awning or canopy;

(B)

Change in building facade height (minimum of five feet of difference);

(C)

A regular pattern of transparent glass which shall comprise a minimum of fifty percent of the total wall/facade area of the first floor facade/elevation facing a street;

(D)

Wall elevation recesses and/or projections, the depth of which shall be at least three percent of the horizontal width of the building facade.

(3)

Patterns. Building facades visible from a primary arterial or freeway/expressway shall contain the following color and texture changes:

(A)

Facades shall consist of at least one primary and one secondary color.

(B)

At least one of these elements, either texture or color, shall repeat horizontally across the facade.

(C)

Variations in texture and color elements shall repeat vertically every thirty feet.

(4)

Eaves and Roofs. Buildings with sloped roofs (those greater than three is to twelve pitch) visible from a primary arterial or freeway/expressway shall contain overhanging eaves, extending no less than two feet past the supporting walls. Flat roofs (those less than three is to twelve pitch) shall include a parapet on supporting walls.

(5)

Three Hundred Sixty-Degree Architecture. Those sides of a building that are not visible from a primary arterial or freeway/expressway shall have a finished facade that is complementary to the visible facades in terms of materials and architectural detailing.

(6)

Primary Pedestrian Entry. One primary pedestrian entrance shall be provided for any facade which contains at least sixty-six feet of frontage along a primary arterial or freeway/expressway. The pedestrian entry shall contain at least three of the following architectural details:

(A)

Pilasters or facade modules;

(B)

Public art display;

(C)

Prominent building address, building name, and lighting;

(D)

Raised corniced entryway parapet; or

(E)

Buttress and arched entry.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009; Ord. No. 14-12, § 7, 7-9-2014)

20.05.016 AG-02 (Architectural standards—Residential).

This architectural standards section applies to the following zoning districts:

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(a)

Applicability. The following architectural standards shall apply to the construction, expansion, or alteration of any building used for residential occupancy.

(b)

Standards. The following architectural standards shall apply:

(1)

Materials. Primary exterior finish building materials used on residential dwellings shall consist of any of the following:

(A)

Horizontal lap siding (e.g., vinyl, cementitious, wood);

(B)

V-grooved tongue-and-groove siding;

(C)

Wood-grained vertical siding materials in a board-and-batten or reverse batten pattern;

(D)

Cedar or other wood materials;

(E)

Stucco, plaster, or similar systems;

(F)

Stone;

(G)

Split face block, ground face block, or brick;

(H)

Cast or cultured stone;

(I)

Cast in place concrete;

(J)

Earthen structural materials;

(K)

Other materials that replicate the look and durability of the above materials, as approved by the staff.

(2)

Minimum Coverage. Siding materials listed above, or a combination of such materials, shall extend from roofline to within six inches of finished grade.

(3)

Foundations. All buildings shall be placed on permanent foundations.

(4)

Roofs.

(A)

Attached and detached single-family dwelling units shall have sloped roofs consisting of shingles, shakes, tile, standing-seam metal, or V-grain metal. Additions to attached or detached single-family dwelling units may use flat roofs.

(B)

Multifamily structures may utilize a flat roof with a parapet or a sloped roof consisting of the materials listed in subsection (a)(4)(A) above.

(5)

Rain Gutters and Downspouts. Rain gutters and downspouts are required.

(6)

Uniform Architecture. When the rear or side facade of a newly constructed building is adjacent to a street, the architecture of these facades shall be made to match that of the front facade. Such matching shall occur through use of similar materials, window/doorway openings, variation in rooflines, or fenestration.

(7)

Anti-monotony Standards. In the case of new construction of multifamily units, any development containing more than three individual buildings shall incorporate the following variations to break up monotony in design:

(A)

Differences in rooflines;

(B)

Differences in building footprint;

(C)

Differences in the number of floors per building.

(8)

Attached Garages. In the RC zoning district, attached garages shall not exceed five hundred eighty square feet in area.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009; Ord. No. 14-12, § 7, 7-9-2014)

20.05.017 AG-03 (Architectural standards—Manufactured and mobile homes).

This architectural standards section applies to the following zoning districts:

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(a)

Foundations. All manufactured homes shall be placed on a permanent foundation. All mobile homes shall be strapped down and have perimeter skirting.

(Ord. 06-24 § 3 (part), 2006).

20.05.018 AG-04 (Architectural standards—Commercial downtown).

This architectural standards section applies to the following zoning districts:

20-05-018.png

(a)

Overlay Districts. All construction activity shall be subject to the design standards set forth in the applicable overlay district as specified in Chapter 20.03, Overlay Districts of the Unified Development Ordinance.

(Ord. 06-24 § 3 (part), 2006).

20.05.019 AG-05 (Architectural standards—West Kirkwood Corridor).

This architectural standards section applies to the following zoning districts:

20-05-019.png

(a)

Applicability. The construction of new buildings on lots between Kirkwood Avenue and its adjacent alleys to the north and south, between Rogers Street and Adams Street, as more specifically mapped in the plan for West Kirkwood, shall comply with the architectural standards outlined in the plan for West Kirkwood.

(b)

Effect on Regulations. Where both this title and the plan for West Kirkwood contain standards governing any architectural feature, the standards contained in the plan for West Kirkwood shall govern.

(Ord. 06-24 § 3 (part), 2006).

20.05.020 CF-01 (Communication facility—General).

Purpose. The purpose of these standards is to provide sensible and reasonable development standards for the provision of reliable public and private telecommunication service; and whereas, there is a need to maximize the use of any communication transmission towers in order to reduce the total number of towers needed to serve the communications needs of the area; and whereas, there is a need to minimize the adverse, undesirable visual effects of such communication towers and to provide for the reasonable location of such towers in the city.

This communication facility standards section applies to the following zoning districts:

20-05-020.png

All communication facilities must comply with the following provisions:

(a)

All communication facilities in this section shall be subject to staff site plan review and shall meet the following requirements and all other requirements of this title.

(b)

Buffer Requirements. The location of the tower and equipment buildings shall comply with all local, state and federal natural resource protection standards. The following buffer plantings shall be located around the outermost perimeter or security fence of a communication facility:

(1)

An evergreen screen consisting of a hedge, planted at a maximum of three feet on center, or a row of evergreen trees planted at a maximum of ten feet on center shall be planted around the entire communication 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.

(2)

An eight-foot high wood fence or brick masonry wall shall completely surround the entire communication facility, excluding the guy wires and anchors.

(c)

Access to Site. Proposed communication towers and antennas shall meet the following access requirements:

(1)

Vehicular access to the tower and equipment building shall be provided along an existing driveway, whenever feasible.

(2)

The communication facility shall be fully automated and unattended on a daily basis, and may be visited only for periodic maintenance, emergencies, installations, or equipment removal.

(d)

Design Requirements. Proposed communication towers and antennas shall meet the following design requirements:

(1)

All communication towers shall be a monopole design.

(2)

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

(3)

Only lighting that is for safety or security reasons, or required by the FAA or other federal or state authority shall be permitted. All required lighting shall be oriented inward so as not to project onto surrounding properties.

(4)

The use of any portion of a communication facility for signs other than warning or equipment signs shall be prohibited.

(e)

Setbacks.

(1)

Communication towers shall be set back from any property line a distance equal to at least eighty percent of the height of the tower.

(2)

No tower shall be placed closer to any residential structure than five hundred feet.

(3)

Communication towers are generally not permitted in front yards, except where evidence provided by the petitioner demonstrates that placement in a front yard would provide the best camouflage for the tower.

(f)

Maximum Height.

(1)

Tower. One hundred ninety-nine feet;

(2)

Accessory Structure. Fifteen feet.

(g)

Collocation Requirements. Proposed communication towers and antennas shall meet the following collocation requirements:

(1)

At a minimum, all proposed monopoles shall be constructed to support the initial user plus the anticipated loading of the number of additional users required in accordance with this title.

(2)

Any proposed communication tower shall be designed, and engineered structurally, electrically and in all other respects, to accommodate both the proposed user and the number of additional users as required in accordance with this title. Communication towers shall be designed to allow for future rearrangement of communication equipment and antennas upon the tower and to accept communication equipment and antennas mounted at varying heights.

(3)

A minimum of four additional antenna sites shall be provided on a tower of one hundred fifty feet or more in height.

(h)

Siting Requirements. A proposal for a new communication tower shall not be approved unless the petitioner submits verification that the communication equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or buildings or other structure due to one or more of the following reasons:

(1)

The planned communication equipment would exceed the structural capacity of the existing or approved towers, buildings, or structures as documented by a qualified and licensed professional engineer, and the existing or approved towers, buildings or structures cannot be reinforced, modified, or replaced to accommodate the planned communication equipment at a reasonable cost.

(2)

The planned communication equipment would cause interference impacting the usability of other existing communication equipment at the site if placed on existing structures. A qualified and licensed professional engineer shall submit supportive documentation indicating that the interference cannot be prevented at a reasonable cost.

(3)

The existing or approved towers, buildings or structures within the search radius cannot accommodate the planned communication equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.

(4)

Other unforeseen reasons that make it infeasible or impossible to locate the planned communication equipment upon an existing or approved tower, building or structure.

(5)

Additional land area is not available at the base of existing towers, buildings or structures to accommodate the proposed communication facility.

(i)

Construction Requirements. All antennas, communication towers, accessory structures and any other wiring shall comply with the following requirements:

(1)

All applicable provisions of this title and of the Indiana Building Code, as amended, and the Federal Communications Commission (FCC) when applicable.

(2)

All communication towers and communication equipment shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the International Building Code, as amended, and the Electronics Industry Association.

(3)

With the exception of necessary electric and telephone service and connection lines approved by the board of zoning appeals, no part of any communication equipment or communication tower nor any lines, cables, equipment or wires or braces in connection with either shall at any time extend across or over any part of a right-of-way, public street, highway, sidewalk, trail, or property line without appropriate approval in writing.

(4)

All communication towers and communication equipment shall be designed to conform to accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code, as amended.

(5)

All communication towers and communication equipment shall be constructed to conform to the requirements of the Occupational Safety and Health Administration (OSHA).

(6)

All signal and remote control conductors of low energy extending between a communication tower and other communication equipment, or between communication towers, shall be at least ten feet above the ground at all points, unless buried underground.

(7)

All communication towers and communication equipment shall be designed and constructed to all applicable standards of the American National Standards Institute (ANSI) manual, as amended.

(8)

An engineer's certification shall be submitted for all communication towers and all other communication equipment to document and verify the design specifications, including, but not limited to, the foundation for all towers, anchors for all guy wires (if used), the location of all collocation sites, and strength requirements to withstand natural forces such as ice, wind, and earth movements.

(9)

All communication towers and communication equipment shall be designed and constructed, at a minimum, to withstand wind gusts of at least eighty miles per hour with one-half inch of ice and to accommodate all collocation sites as required by this title.

(j)

Existing Structures. The following shall apply to existing antennas, communication towers and communication equipment:

(1)

Existing structures shall not be replaced or significantly structurally altered without complying in all respects to the requirements set out in this title.

(2)

Any request for the modification of an existing wireless tower or base station that involves collocation of new transmission equipment, removal of transmission equipment, or replacement of transmission equipment which does not substantially change the physical dimensions of such tower or base station shall be approved as required by federal law.

(k)

Inspection of Towers. The following shall apply to the inspection of communication towers:

(1)

All communication towers may be inspected at least once every five years, or more often as needed to respond to complaints received, by the planning and transportation director and/or a qualified and licensed consulting engineer to determine compliance with the original construction standards. Deviation from original construction for which any permit was obtained shall constitute a violation of the Unified Development Ordinance.

(2)

Notices of violation shall be sent by registered mail to the owner and the owner will have thirty days from the date the notification is issued to make repairs. The owner is required to notify the planning and transportation director that the repairs have been made, and as soon as possible thereafter, another inspection will be made and the owner notified of the results of same.

(l)

Abandoned Towers. Any tower unused or left abandoned for six months shall be removed by the tower owner at the owner's expense. Should the communication tower owner fail to remove the tower after thirty days from the date a notice of violation is issued, the city may remove the tower and bill the owner for the costs of removal and cleanup of the site.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 13-02, § 20, 1-16-2013; Ord. No. 14-12, §§ 5, 7, 20, 7-9-2014)

20.05.021 CF-02 (Communication facility—Residential).

This communication facility standards section applies to the following zoning districts:

20-05-021.png

(a)

Noncommercial Antennas. Noncommercial antennas for individual, private use, including but not limited to, amateur radio antennas, shall be permitted as an accessory use in all residential districts, subject to the following standards:

(1)

Height. The height of a noncommercial antenna shall not exceed seventy-five feet, measured from the ground, whether the antenna is mounted on the roof or on the ground.

(2)

Setbacks. No such antenna shall be located within a front setback, and shall be set back at least five feet from any side or rear property line.

(Ord. 06-24 § 3 (part), 2006).

20.05.022 CF-03 (Communication facility—Commercial downtown).

This communication facility standards section applies to the following zoning districts:

20-05-022.png

(a)

Communication facilities shall be strictly limited to antennas or other communication equipment accessory to the primary use of the building. No free-standing communication facilities are allowed.

(b)

All antennas or other communication equipment shall be no taller than ten feet above the height of the building to which they are affixed.

(c)

All communication facilities shall be mounted on a building of at least two stories in height.

(d)

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

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.023 CU-01 (Conditional use—General standards).

This conditional use standards section applies to the following zoning districts:

20-05-023.png

(a)

All conditional uses are subject to the criteria established in this section. Additional criteria as specified in this chapter shall be met by the specified categories of conditional use found therein. Development standards for conditional uses shall be determined by either the hearing officer or board of zoning appeals. Such standards shall either be based on the zoning designation of the property or the zoning district most applicable to the proposed conditional use.

(b)

No conditional use approval shall be granted pursuant to Chapter 20.09, Processes, Permits, and Fees unless the petitioner shall establish that the standards for the specific conditional use are met and that the following general standards are met:

(1)

The proposed use and development must be consistent with the growth policies plan and may not interfere with the achievement of the goals and objectives of the growth policies plan;

(2)

The proposed use and development will not create a nuisance by reason of noise, smoke, odors, vibrations, or objectionable lights;

(3)

The proposed use and development will not have an undue adverse impact upon adjacent property, the character of the area, or the public health, safety and general welfare;

(4)

The proposed use and development will be served adequately by essential public facilities and services such as streets, public utilities, stormwater management structures, and other services, or that the applicant will provide adequately for such services;

(5)

The proposed use and development will neither cause undue traffic congestion nor draw significant amounts of traffic through residential streets;

(6)

The proposed use and development will not result in the excessive destruction, loss or damage of any natural, scenic or historic feature of significant importance;

(7)

The hours of operation, outside lighting, and trash and waste collection must not pose a hazard, hardship, or nuisance to the neighborhood;

(8)

Signage shall be appropriate to both the property under consideration and to the surrounding area. Signage that is out of character, in the board of zoning appeals' determination, shall not be approved; and

(9)

The proposed use and development complies with any additional standards imposed upon that particular use by this chapter.

(Ord. 06-24 § 3 (part), 2006).

20.05.024 CU-02 (Conditional use—Floodway and floodway fringe development).

This conditional use standards section applies to the following zoning districts:

20-05-024.png

(a)

No conditional use approval shall be rendered until such time as a permit citing the one hundred-year flood elevation and the recommended flood protection grade, or a letter stating that no permit is required, has been obtained from the Indiana Department of Natural Resources (DNR) and all conditions and specifications of that permit and other applicable DNR regulations are met.

(b)

Development shall not increase the elevation of the regulatory flood beyond the limits allowed by state and federal regulations.

(c)

On-site waste disposal systems such as sewage treatment plants shall be located so as to avoid their impairment and to avoid contamination during the occurrence of the regulatory flood. No septic systems shall be installed within either floodway or floodway fringe areas.

(d)

New and replacement sanitary sewer lines and on-site waste disposal systems may be permitted provided that all manholes or other above ground openings are located at or above the flood protection grade, or those which are located below the flood protection grade are watertight.

(Ord. 06-24 § 3 (part), 2006).

20.05.025 CU-03 (Conditional use—Historic adaptive reuse).

This conditional use standards section applies to the following zoning districts:

20-05-025.png

(a)

The property shall have been designated historic at the local level, or have had a petition filed for such designation, at the time of the application for a conditional use approval.

(b)

The proposed use shall not diminish the historic character of the property or, if it is located within an historic district, the historic character of said historic district.

(c)

The proposed use shall enhance the ability to restore and/or preserve the property.

(d)

The granting of the conditional use approval shall be contingent upon any required certificate of appropriateness and upon the granting of a local historic designation or the presence of such designation being in place.

(Ord. 06-24 § 3 (part), 2006).

20.05.026 CU-04 (Conditional use—Bed and breakfast establishments).

This conditional use standards section applies to the following zoning districts:

20-05-026.png

(a)

The operator of the bed and breakfast establishment shall reside on the property.

(b)

The establishment shall maintain a maximum of three guest rooms.

(c)

The establishment shall provide a maximum of one parking space per guest room in addition to the spaces required for the dwelling unit per this chapter.

(d)

The building and its parking facilities shall be designed for compatibility with the surrounding properties.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.027 CU-05 (Conditional use—Communication facility).

This conditional use standards section applies to the following zoning districts:

20-05-027.png

(a)

The proposed communication facility shall comply with this chapter.

(b)

The communication facility shall minimize land use impacts by accommodating future collocation by at least five other users.

(c)

The tower shall be masked to blend with surroundings and reduce negative visual impact.

(Ord. 06-24 § 3 (part), 2006).

20.05.028 CU-06 (Conditional use—Retail low intensity and restaurant limited service).

This conditional use standards section applies to the following zoning districts:

20-05-028.png

Commercial uses under this section must be accessory to a principal or primary permitted use.

(a)

Minimum Development Size. Accessory commercial uses shall not be permitted within a multifamily development unless such development contains a minimum of fifty dwelling units.

(b)

Scale. The petitioner shall demonstrate that the use, scale and intensity of the accessory commercial use shall primarily serve the immediate neighborhood. The use shall be integrated into the development with emphasis on pedestrian access and limited automobile access or attraction.

(c)

Architectural Design Standards. The accessory commercial structure shall be compatible with the primary use, with respect to architectural style, roof pitch, color, and materials.

(d)

Maximum Gross Floor Area. Total gross floor area for an individual accessory commercial use shall not exceed two thousand five hundred square feet.

(e)

Parking. Parking spaces shall be provided at a fifty percent reduction from the requirements of this chapter, with a maximum of three spaces for any accessory commercial use. Parking spaces required for the primary use shall not be used to satisfy this requirement.

(f)

Signage. Separate freestanding signage for an accessory commercial use shall not be permitted. A maximum of thirty square feet of wall signage shall be permitted for an accessory commercial use.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.029 CU-07 (Conditional use—Adult day care center).

This conditional use standards section applies to the following zoning districts:

20-05-029.png

(a)

Proof of Licensing. When a license is required by the state, proof of licensing shall be presented with the application for the conditional use approval. Day care centers exempt from state licensing requirements shall provide proof of exemption.

(b)

Compliance with Applicable Regulations. The day care center operator shall be responsible for compliance with all applicable city ordinances and state and federal statutes and regulations.

(c)

Screening. The day care center shall be screened from adjacent properties with a fence or vegetative buffer, and an adequate fenced area shall be provided.

(d)

Site Security. Site design and supervision characteristics shall ensure the safety of the users.

(e)

Proximity. An adult day care center shall not be located closer than five hundred feet to any other adult or child day care center.

(Ord. 06-24 § 3 (part), 2006).

20.05.030 CU-08 (Conditional use—Child day care center).

This conditional use standards section applies to the following zoning districts:

20-05-030.png

(a)

Proof of Licensing. When a license is required by the state, proof of licensing shall be presented with the application for the conditional use approval. Day care centers exempt from state licensing requirements shall provide proof of exemption.

(b)

Compliance with Applicable Regulations. The day care center operator shall be responsible for compliance with all applicable city ordinances and state and federal statutes and regulations.

(c)

Screening. The day care center shall be screened from adjacent properties with a fence or vegetative buffer, and an adequate fenced play area shall be provided.

(d)

Minimum Lot Area. The minimum lot area for child day care centers shall be fifteen thousand square feet or the minimum lot area for the zoning district, whichever is greater.

(e)

Site Security. Site design and supervision characteristics shall ensure the safety of the users.

(f)

Proximity. A child day care center shall not be located closer than five hundred feet to any other adult or child day care center.

(Ord. 06-24 § 3 (part), 2006).

20.05.031 CU-09 (Conditional use—Kennel).

This conditional use standards section applies to the following zoning districts:

20-05-031.png

(a)

Minimum Building Setbacks.

(1)

Front: per Chapter 20.02, Zoning Districts.

(2)

Side: fifty feet.

(3)

Rear: fifty feet.

(4)

Outdoor Activities. Animals shall not be permitted outside except within a secure animal run, and no outdoor animal run shall be permitted within two hundred feet of any adjacent residential district or use.

(b)

Minimum Lot Area. Three acres.

(c)

Minimum Lot Width. Two hundred feet.

(d)

Perimeter Fencing. The perimeter of the kennel operation shall be enclosed with an opaque fence that meets the following standards:

(1)

Minimum depth underground: twelve inches.

(2)

Minimum height: eight feet from grade.

(3)

Minimum gauge of chain-link fence: eleven.

(4)

Minimum fence setback: twenty feet from any adjoining property line.

(e)

License. Prior to establishment, the property owner, or the kennel operator if the operator is not the property owner, shall provide proof of all necessary licenses to the planning and transportation director.

(f)

Sanitary Facilities. A plan for management of animal wastes shall be submitted with the conditional use application.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 14-12, § 5, 7-9-2014)

20.05.032 CU-10 (Conditional use—Jail/prison/juvenile detention facility).

This conditional use standards section applies to the following zoning districts:

20-05-032.png

(a)

Access. Adequate access shall be provided to a street classified as a collector or arterial per the master thoroughfare plan.

(b)

Compatibility. The design of the site and structure shall be compatible with the surrounding area.

(c)

Intensity. The intensity of use shall be compatible with the surrounding area.

(d)

Neighborhood Security. Site design and security measures shall ensure that the peace and safety of the surrounding area shall not be disturbed or impaired.

(Ord. 06-24 § 3 (part), 2006).

20.05.033 CU-11 (Conditional use—Quarry adaptive reuse).

This conditional use standards section applies to the following zoning districts:

20-05-033.png

(a)

Feasibility. The applicant shall provide documentation that limestone or other stone processing operations are no longer feasible due to environmental and/or physical site characteristics. Market economic conditions may be considered, but the purpose is to protect these natural resources from encroachment of other land uses that may inhibit or prevent quarry or stone processing activities.

(b)

Land Use Compatibility. The proposed adaptive reuse shall retain, to the greatest extent possible, the existing quarry features to preserve the region's quarry heritage.

(c)

Redevelopment. Land use decisions should be made in consideration of the dominant land use patterns that surround each site.

(d)

Intensity of Reuse. The proposed adaptive reuse shall be a less intense land use than quarry uses in regard to environmental regulatory standards and general nuisance in regard to noise, vibration, and dust.

(e)

Environmental Cleanup. An environmental mitigation plan shall be submitted with the conditional use application. The environmental mitigation plan shall include, but not be limited to cleanup measures, water quality protection, and long-term monitoring standards. All environmental mitigation plans shall meet the standards of the city utilities department, as well as any applicable state and federal requirements.

(Ord. 06-24 § 3 (part), 2006).

20.05.0331 CU-12 (Conditional use—Business, standardized).

This conditional use standards section applies to the following zoning districts:

20-05-022.png

(CSO and UVO districts only)

(a)

The proposed use shall be designed and constructed in a style that visually complements its surroundings, especially the existing buildings on both sides of the same block the business is to be located, as well as the character of the particular overlay district. Visual complementation shall include, but may not be limited to: architecture, scale, facade, and signage. If the use is proposed for a site which contains an existing building of special historical, cultural, or architectural significance, with or without official historic designation, the proposed use shall seek to preserve and reuse as much of the existing building as possible, particularly the building's facade. Visual complementation may also include interior décor. Elements of interior décor such as displays of public art, photos or memorabilia of Bloomington or Indiana University, may be considered, but should not be viewed as sufficient to meet this criterion.

(Ord. No. 14-05, § 6, 6-11-2014)

20.05.034 DS-01 (Drainage standards—General).

This drainage standards section applies to the following zoning districts:

20-05-034.png

(a)

General. All proposed site plans submitted for approval, under the provisions of the Unified Development Ordinance, shall provide for the collection and management of all surface water drainage.

(b)

Drainage Plan. All site plan requests shall include the submittal of a drainage plan to the city utilities department. The drainage plan shall include, but not be limited to, the following items:

(1)

Complete construction plan showing all proposed detention and retention facilities, swales, and drainage structures.

(2)

All proposed piping including size and location of proposed stormwater lines, as well as plan and profile drawings for all proposed improvements.

(3)

Complete and accurate stormwater calculations justifying methodology of the drainage plan in compliance with city utilities department standards.

(c)

Stormwater Mitigation Requirements. Drainage facilities shall be provided to control runoff from all upstream drainage areas and from all areas within the site to a location adequate to receive such runoff. Furthermore, drainage facilities shall:

(1)

Be designed and constructed in accordance with city utilities department standards.

(2)

Be durable, easily maintained, retard sedimentation, and retard erosion. Facilities shall not endanger the public health and safety, or cause significant damage to property.

(3)

Be sufficient to accept runoff from the site after development and the present water runoff from all areas upstream to achieve discharge rates meeting city utilities department standards.

(4)

Provide stormwater runoff quality mitigation in compliance with city utilities department standards.

(d)

Exemption. The construction of single-family homes on platted lots of record with fully engineered drainage infrastructure shall be exempt from the requirements of this section.

(e)

Poorly Drained Sites. Development proposed for sites that are adjacent to a floodplain area, located in an area with converging drainage flows, located in an area characterized by documented drainage problems, or located in an area with closed, depressed contour lines as shown on the city's GIS maps shall be subject to a higher level of drainage plan review. Site plans for these areas are additionally subject to the submittal of drainage plans documenting that finished floor elevations of structures shall be at least two feet above areas that would be flooded during a one hundred-year storm event.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.035 ED-01 (Entrance and drive standards—General).

This entrance and drive standards section applies to the following zoning districts:

20-05-035a.png

(a)

The classification of all streets shall be as indicated on the master thoroughfare plan as contained in the growth policies plan.

(b)

No entrance or drive shall be installed:

(1)

Within one hundred fifty feet of any intersecting street if along an arterial or collector street. If the parcel is not large enough to achieve a one-hundred-fifty-foot separation, then the drive shall be installed at a location farthest from the intersection.

(2)

Within one hundred feet of any intersecting street if along a neighborhood street. If the parcel is not large enough to achieve a one-hundred-foot separation, then the drive shall be installed at a location farthest from the intersection.

(3)

Within fifty feet of any intersection.

(4)

Within the front parking setback running less than forty five degrees from parallel to the street right-of-way or ingress/egress easement.

(5)

Within one hundred feet of another entrance if along an arterial or collector street.

(6)

Within fifty feet of another entrance if along a neighborhood street.

(c)

The distances for the standards outlined in Section 20.05.035(b) shall be determined as follows:

(1)

Intersection and Drive Separation. By measuring from the intersection right-of-way line to the back of curb or edge of pavement (whichever is less) of the entrance or drive.

(2)

Separation Between Drives. By measuring from the back of curb or edge of pavement to the back of curb or edge of pavement (whichever is less) of each entrance or drive.

20-05-035b.png

(d)

No property shall be permitted to have more than two drives per street frontage.

(e)

No entrance or drive shall exceed the following pavement widths for two-way traffic (if one-way, the measurements shall be one-half of the below requirements):

(1)

Thirty-four feet if from a nonresidential use onto an arterial or collector street.

(2)

Twenty-four feet if from a nonresidential use onto a neighborhood street.

(3)

Twenty-four feet if from a multifamily residential use onto any type of street.

(f)

The distances for the standards outlined in subsection (e) of this section shall be determined by measuring from the back of curb or edge of pavement to the back of curb or edge of pavement (whichever is less) of each entrance or drive.

(g)

For nonresidential uses located on corner lots, drive access shall be located on the street assigned the lower functional classification according to the master thoroughfare plan.

(h)

Single-family residential uses shall be limited to a single drive access point regardless of the number of street frontages contained on the parcel.

(i)

The city planning and transportation department shall determine if the following improvements are necessary:

(1)

Acceleration or deceleration lane, or

(2)

Passing blister.

(j)

The city planning and transportation department shall determine curb radii and other construction standards for all entrances.

(k)

Sidewalk crossings over entrances and drives must maintain cross-slopes necessary to comply with ADA requirements.

(l)

Surface Material.

(1)

Unless specifically stated otherwise in the unified development ordinance, all entrances and drives shall be asphalt, concrete, or other approved material.

(2)

The planning and transportation director may approve structurally-engineered, permeable parking pavers for entrances and drives provided these areas are intended for low intensity or intermittent vehicular use and pavers are designed and used to mitigate the negative environmental impacts of impervious surfaces.

(3)

Areas utilizing permeable pavers shall not be counted in impervious surface calculations.

(4)

All driveway aprons onto a street shall be constructed of concrete.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009; Ord. No. 14-12, §§ 5, 10, 7-9-2014)

20.05.036 ED-02 (Entrance and drive standards—Single-family).

This entrance and drive standards section applies to the following zoning districts:

20-05-036.png

(a)

The classification of all streets shall be as indicated on the master thoroughfare plan as contained in the growth policies plan.

(b)

No single-family residential entrance or drive shall be installed:

(1)

Within fifty feet of any intersecting street if along an arterial or collector street. If the parcel is not large enough to achieve a fifty-foot separation, then the drive shall be installed at a location farthest from the intersection.

(2)

Within thirty feet of any intersecting street if along a neighborhood street. If the parcel is not large enough to achieve a thirty-foot separation, then the drive shall be installed at a location farthest from the intersection.

(c)

The distances for the standards outlined in subsection (b) of this section shall be determined by measuring from the intersection right-of-way line to the back of curb or edge of pavement (whichever is less) of the entrance or drive.

(d)

Within the RC zoning district, if the side or rear setback is accessible via an improved alley, a driveway shall not be permitted to access the street. Required parking spaces shall be accessed directly from the adjacent alley per the requirements of this chapter.

(e)

The width of a driveway between the front building setback and the street shall not exceed the width of the door of an attached garage or twenty-two feet where there is no attached garage, except in the RC zoning district where the maximum width of a driveway shall be eighteen feet regardless of the presence of a garage.

(f)

Surface materials for single-family residential driveways shall be as required in this chapter.

(g)

All new driveway aprons onto a street shall be surfaced with concrete. Enlargement or modification of an existing driveway shall require the driveway apron to be surfaced with asphalt or concrete.

(h)

Single-family residential uses shall be limited to a single driveway access point, regardless of the number of street frontages, except that a circle drive shall be permitted according to the following standards:

(1)

The maximum circle drive width shall be ten feet;

(2)

The lot must have at least one hundred twenty feet of street frontage on the street that the circle drive will access; and

(3)

The minimum distance between the driveway access points of a circle drive shall be sixty feet, measured from the inside edge of each driveway where it intersects the public right-of-way.

(Ord. 06-24 § 3 (part), 2006).

20.05.037 ED-03 (Entrance and drive standards—Manufactured or mobile home park).

This entrance/drive standards section applies to the following zoning districts:

20-05-037.png

(a)

Manufactured or mobile home parks with twenty or more dwelling sites shall be designed such that:

(1)

At least two access points provide ingress to and egress from the manufactured or mobile home park; and

(2)

Individual dwelling sites only have driveways on interior streets.

(Ord. 06-24 § 3 (part), 2006).

20.05.038 EN-01 (Environmental standards—General).

This environmental standards section applies to the following zoning districts:

20-05-038.png

Purpose. The Bloomington area is characterized by a wide variety of environmental constraints that affect the way land is developed. These constraints include karst terrain (sinkholes, caves, springs, etc.), wetland areas, steep slopes, mature tree stands, and water resources such as lakes, streams and other surface watercourses. It is prudent and necessary that every area which becomes the subject of a petition for development be routinely scrutinized for the presence of environmental constraints in order to protect these environmental features as well as the public health, safety and welfare.

(Ord. 06-24 § 3 (part), 2006).

20.05.039 EN-02 (Environmental standards—Steep slopes).

This environmental standards section applies to the following zoning districts:

20-05-039.png

(a)

Steep Slopes.

(1)

Applicability. This section shall apply to all land-disturbing activities on properties that contain steep or excessive slopes.

(2)

Slope Measurement. For the purposes of subsection (a) of this section, the percent slope shall be calculated by dividing the number of feet of elevation change in any fifty-foot horizontal distance by fifty feet, then multiply by one hundred to acquire a percent figure.

(3)

Easements. All slope areas required to be preserved subject to this section shall be placed within conservation easements pursuant to the standards of Chapter 20.07, Design Standards.

(4)

Excessive Slopes. Areas of land where the pre-development slopes are greater than eighteen percent shall not be disturbed for any improvements with the exception of utility lines.

(5)

Steep Slopes. Any development on slopes between twelve percent and eighteen percent shall be allowed a maximum disturbance of fifty percent of the total slope area. Priority for slope preservation shall be given to slope areas that exhibit one or more of the following characteristics:

(A)

Presence of highly erodible soils as identified in the soil survey of Monroe County, Indiana;

(B)

Adjacent to slopes of greater than eighteen percent;

(C)

Adjacent to water resources; or

(D)

Adjacent to other environmental features that are required to be preserved as part of this title.

(6)

Construction Measures. Any development on slopes between twelve percent and eighteen percent shall incorporate construction measures such as retaining walls and walkout basements as well as special erosion control measures during construction.

(7)

Street Grades. Arterial and collector streets shall not exceed grades of six percent and neighborhood streets or alleys shall not exceed grades of eight percent unless it is demonstrated that steeper grades will minimize disturbances to existing topography.

(8)

Street Design. All drives and streets shall follow the topography with a minimum of cutting and filling.

(9)

Soil Constraints. The extent of cutting and filling, the resulting slopes, and the stabilization measures shall be appropriate to the characteristics of the soils involved.

(10)

Overlapping Preservation Areas. Where acreage set aside to fulfill the conservation or buffer requirements in Sections 20.05.041, EN-04 (Environmental standards—Riparian buffer), 20.05.042, EN-05 (Environmental standards—Karst Geology), 20.05.043, EN-06 (Environmental standards—Wetlands), and 20.05.044, EN-07 (Environmental standards—Tree and forest preservation) also meets the requirements for steep slope preservation under this section, such acreage shall be counted toward fulfillment of all applicable requirements.

(Ord. 06-24 § 3 (part), 2006).

20.05.040 EN-03 (Environmental standards—Siltation and erosion prevention).

This environmental standards section applies to the following zoning districts:

20-05-040.png

(a)

Siltation and Erosion Prevention.

(1)

Applicability. This subsection applies to any land development or land-disturbing activities that include one or more of the following conditions:

(A)

That disturbs a surface of one thousand square feet or more;

(B)

That involves excavation or filling of forty cubic yards or more of dirt, sand, or clean fill;

(C)

That involves street, highway, or bridge construction, enlargement, relocation or reconstruction; or

(D)

That involves the laying, repairing, replacing, or enlarging of an underground pipe, facility, or any utility for a distance of fifty feet or more.

(2)

All municipal government departments, including the city utilities department, are bound by this section.

(3)

Maintenance of Control Measures. Sedimentation basins and other control measures necessary to meet the requirements of subsection (a) of this section shall be maintained by the property owner during construction.

(4)

Erosion and Pollutant Control Requirements.

(A)

Environmental Constraints. For land-disturbing activities that occur adjacent to environmentally sensitive areas, as regulated in this chapter, redundant erosion control measures, such as additional barriers and reduced timelines for soil stabilization, shall be required.

(B)

Waste and Material Disposal. Waste and unused building materials (e.g., garbage, debris, cleaning wastes, concrete waste, wastewater, toxic materials or hazardous materials) shall be properly disposed of and shall be prevented from going off-site or into storm sewers.

(C)

Tracking. Each site shall have crushed stone streets, access drives, and parking areas of sufficient size and thickness to prevent sediment from being tracked onto public or private streets. Any sediment reaching a public or private street shall be removed by street cleaning (not flushing) by those responsible before the end of each workday.

(D)

Drain Inlet Protection. All storm inlets shall be protected with best management practices (BMPs) meeting accepted design criteria, standards and specifications.

(E)

Sediment Control. Sediment shall be controlled and contained on-site and control measures shall prevent damage to existing vegetation or pavement.

(F)

Ground Cover. Vacant land held for development shall be planted with grass or other vegetative ground cover.

(G)

Inspection. All erosion control measures shall be installed by the developer, and inspected and approved by the plannign and transportation department before land-disturbing activity may take place. Developers shall follow their self monitoring inspection program throughout construction as outlined in Bloomington Municipal Code Section 10.21.070

(H)

Finished Grade. Disturbed areas that are at finished grade with installed utilities shall be permanently seeded within seven days.

(I)

Unfinished Grade. Areas that have undergone land-disturbing activities and are not yet at finished grade, and that have no construction activity as indicated in the construction plan for fifteen days or more, shall be established with temporary vegetation or mulching.

(J)

Soil Stockpiles. All soil stockpile areas that remain inactive for seven days or more shall be seeded, covered, or protected by erosion control barriers.

(K)

Single-Family Lots. Single-family lots that remain inactive for fifteen days or more shall be established with temporary vegetation.

(L)

Channelized Runoff. Channelized runoff from off-site areas passing through a construction site shall be diverted around disturbed areas. Sheet flow runoff from off-site areas greater than ten thousand square feet in area shall also be diverted around disturbed areas. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels.

(M)

Sedimentation Basins.

(i)

Disturbance of One or More Acres. For sites with one or more acres disturbed at one time, or if a channel originates in the disturbed area, one or more sedimentation basins shall be constructed.

(ii)

Disturbance of Less Than One Acre. For sites with less than one acre disturbed at one time, filter fences, straw bales or other BMPs shall be placed along all side slopes of the site as an alternative to sedimentation basins. If a channel or area of concentrated runoff passes through the site, filter fences shall be placed along the channel edges to reduce sediment reaching the channel. Diversion ditches and other sediment control measures shall be utilized.

(iii)

Design. Each sedimentation basin shall have a surface area of at least one percent of the area draining to the basin and at least three feet of depth and shall be constructed in accordance with accepted design specifications. Sediment shall be removed to maintain a depth of three feet. The basin shall be designed to trap sediment greater than fifteen microns in size based on the set of two-year design storms having durations from one-half minute to twenty-four hours. The basin discharge rate shall be sufficiently low as to not cause erosion along the discharge channel.

(N)

Sequence of Land-Disturbing Activity. Land-disturbing activity shall be performed in a construction sequence that minimizes the area of bare soil exposed at any one time. Construction sequencing shall be subject to the approval of the city planning and transportation department.

(5)

Additional Requirements. Compliance with the requirements set out in this provision shall not relieve any person of the independent obligation to comply with all applicable standards and practices set out in Indiana Administrative Code, 327 IAC 15-5 and 327 IAC 15-13, regarding stormwater runoff associated with construction activity; the Indiana Stormwater Quality Manual developed by the Indiana Department of Environmental Management; all applicable provisions of Title 10: Wastewater of the Bloomington Municipal Code regarding stormwater runoff; and all applicable rules, regulations, standards and specifications of the city utilities department regarding stormwater management practices.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009; Ord. No. 14-12, § 10, 7-9-2014)

20.05.041 EN-04 (Environmental standards—Riparian buffer).

This environmental standards section applies to the following zoning districts:

20-05-041.png

(a)

Riparian Buffer.

(1)

Applicability. This subsection shall apply to all land development activities on properties that are contiguous with or contain intermittent or perennial streams. However, platted lots of record of less than one acre in size shall not be subject to subsection (a)(6), Intermediate Zone Design nor (a)(7), Fringe Zone Design of this section.

(2)

Adjacent Properties. Where intermittent or perennial streams are present on adjacent properties, and where required buffer zones for such streams would extend onto the subject property, such buffer zones shall be established according to the provisions of this subsection.

(3)

Easements. All riparian buffer zones required to be preserved subject to this section shall be placed within riparian buffer easements pursuant to the standards of Chapter 20.07, Design Standards.

(4)

Graduated Buffer Zones. All intermittent or perennial streams shall be protected by a riparian buffer composed of three distinct zones. These zones shall be defined as:

(A)

Streamside Zone (Zone 1). The primary function of the streamside zone is to ensure stream-bank stabilization.

(B)

Intermediate Zone (Zone 2). The primary function of the intermediate zone is to protect soil particles that trap nutrients and chemicals.

(C)

Fringe Zone (Zone 3). The primary function of the fringe zone is to filter runoff, and to maximize infiltration, water storage, and nutrient absorption.

(5)

Streamside Zone Design. The streamside zone (Zone 1) shall be designed as follows:

(A)

Location. Immediately adjacent to the stream channel.

(B)

Buffer Width. The width of this zone shall be a minimum of twenty-five feet on each side of the top of stream bank. The buffer width shall be measured perpendicular to the adjoining top of stream bank, following the natural curvature of the stream channel.

(C)

Vegetation Requirements. All vegetative cover within this zone shall consist of undisturbed, existing vegetation. In cases where little or no existing vegetation is present, only native, water tolerant species shall be planted. Appropriate species for planting within buffer zones are listed in Section 20.05.058(c), Shrubs, Bushes and Hedges. Plant spacing and density for new vegetation within buffer zones shall be per specifications of the natural resources conservation service for each plant type.

(D)

Disturbance Activities. Only the following land disturbance activities may be allowed within this zone, subject to planning department approval:

(i)

Utility installation; if no alternative location is available;

(ii)

Street crossings, where necessary to achieve connectivity;

(iii)

Bicycle and/or pedestrian crossings, where necessary to achieve connectivity;

(iv)

Connector path, if constructed with a permeable surface.

(6)

Intermediate Zone Design. The intermediate zone (Zone 2) shall be designed as follows:

(A)

Location. Immediately outside the streamside zone (Zone 1).

(B)

Buffer Width. The required width shall be a minimum twenty-five feet on each side of Zone 1.

(C)

Vegetation Requirements. Vegetative cover within this zone shall consist of undisturbed, existing vegetation, supplemented by native, groundcover and edge vegetation. In cases where little or no existing vegetation is present, only native, water tolerant species shall be planted. Appropriate species for planting within buffer zones are listed in Section 20.05.058(c), Shrubs, Bushes, and Hedges. Plant spacing and density for new vegetation within buffer zones shall be per specifications of the natural resources conservation service for each plant type.

(D)

Disturbance Activities. Only the following land-disturbing activities may be allowed within this zone, subject to planning department approval:

(i)

All activities allowed in Zone 1 (streamside zone);

(ii)

Stormwater management facilities;

(iii)

Removal of nonnative or invasive species;

(iv)

Multiuse trails.

(7)

Fringe Zone Design. The fringe zone (Zone 3) shall be designed as follows:

(A)

Location. Immediately outside the intermediate zone (Zone 2).

(B)

Buffer Width. The required width shall be a minimum of twenty-five feet measured perpendicular from the outer boundary of Zone 2.

(C)

Vegetation Requirements. The vegetative cover for the outer zone shall be native grasses, sedges, and forbs that perform phytofiltration. In addition, woody plants may be utilized where appropriate. Appropriate species for planting within buffer zones are listed in Section 20.05.058(c), Shrubs, Bushes, and Hedges. Plant spacing and density for new vegetation within buffer zones shall be per specifications of the natural resources conservation service for each plant type.

(D)

Disturbance Activities. Only the following land-disturbance activities may be allowed within this zone, subject to planning and transportation department approval:

(i)

All activities allowed within Zones 1 and 2.

(ii)

Streets, as needed to achieve connectivity.

(8)

Additional Riparian Buffer Design Standards.

(A)

Riparian buffer design shall be fitted to the topography and soil conditions of the site. Preference shall be given to preserving existing vegetation within riparian buffer areas. Protection of tree crowns and root zones within the drip-line shall be required for all trees planned for retention.

(B)

Temporary vegetation, sufficient to stabilize the soil, may be required on all disturbed areas as needed to prevent soil erosion. New plantings shall be given sufficient water and protection to ensure reestablishment.

(C)

In order to ensure vegetative diversity, a minimum of nine different plant species shall be utilized within the overall riparian buffer area. At least three of these species must be trees selected from Section 20.05.058(c), Shrubs, Bushes, and Hedges; Plants and Trees Suitable for Wet Areas.

(D)

No alteration to the shoreline or bed of a stream or creek shall be made unless written approval is obtained from the appropriate governmental agencies. Alterations subject to this requirement include, but are not limited to, filling, damming, or dredging of a stream, creek, ditch, or wetland.

(9)

Riparian Buffer Maintenance. Management of riparian buffers shall be limited to the minimum necessary, with no alterations of forest understory, except for the removal of nonnative or invasive species. Limited mowing may occur in Zone 3, but shall be prohibited in Zones 1 and 2.

(10)

Any new, non-single family development which is exempt from providing riparian buffer zones as outlined in Section 20.05.041(a)(1), shall provide at least a twenty-five-foot wide streamside buffer zone in compliance with the design standards of Section 20.05.041(a)(5). Additionally, two of the following best management practices, including plans for post-installation maintenance of such practices, shall be incorporated into the site design:

(A)

Use of one hundred percent native vegetation;

(B)

Use of permeable pavement for at least fifty percent of all on-site parking areas;

(C)

Biofiltration swales;

(D)

Rain gardens; or

(E)

Fifty percent vegetated roof.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009; Ord. No. 14-12, § 3, 7-9-2014)

20.05.042 EN-05 (Environmental standards—Karst Geology).

This environmental standards section applies to the following zoning districts:

20-05-042.png

(a)

Karst Geology.

(1)

Applicability. This section shall apply to all land-disturbing activities on properties that contain surface and subsurface karst features.

(2)

Adjacent Properties. Where surface or subsurface karst features are present on adjacent properties, and where required conservation areas for such karst features would extend onto the subject property, such conservation areas shall be established according to the provisions of this section.

(3)

Compound Karst Features. For the purposes of this subsection, compound karst features shall be defined as any two or more karst features where the last closed contour of the features are located within one hundred feet of each other. The outer boundary of the compound karst feature shall be drawn by connecting the last closed contour of each individual karst feature with a tangential line.

(4)

Karst Conservancy Easement (KCE). All karst features shall be protected by Karst Conservancy Easements. Such easements shall be established in accordance with the following standards:

(A)

No land-disturbing activity, permanent or temporary structures, or the placement of any fill material shall be allowed within a KCE.

(B)

The outer perimeter of the KCE shall be protected with silt fencing and/or tree protection fencing during the entire period of construction.

(C)

For all individual karst features, the KCE shall encompass the entire feature and all of the area within twenty-five feet horizontally from the last closed contour line of the feature. The last closed contour line shall be as shown on the city's geographic information system (GIS) using a contour interval of two feet. When the city has reason to doubt the accuracy of the GIS data, the city shall use field verification to determine the location of the last closed contour.

(D)

For all compound karst features, the KCE shall encompass the entire outer boundary of the compound karst feature as defined in subsection (a)(3), Compound Karst Features above and all of the area within twenty-five feet horizontally from the outer boundary of the compound karst feature.

(5)

Setback. No structures shall be located within ten feet of a Karst Conservancy Easement.

(6)

Stormwater Discharge. Stormwater discharge into a karst feature shall not be increased over its pre-development rate. In addition, such discharge into a karst feature shall not be substantially reduced from pre-development conditions.

(7)

Stormwater Detention. Karst Conservancy Easements shall not be utilized for stormwater detention. Drainage shall be designed to route runoff through vegetative filters or other filtration measures before entering a karst feature.

(8)

Spring or Cave Entrances. Spring or cave entrances shall not be modified except for the placement of a gate to prevent human access.

(Ord. 06-24 § 3 (part), 2006).

20.05.043 EN-06 (Environmental standards—Wetlands).

This environmental standards section applies to the following zoning districts:

20-05-043.png

(a)

Wetlands.

(1)

Applicability. This section shall apply to all land-disturbing activities on properties containing wetland resources.

(2)

Adjacent Properties. Where wetland resources are present on adjacent properties, and where required buffer areas for such wetland resources would extend onto the subject property, such buffer areas shall be established according to the provisions of this section.

(3)

Jurisdiction. In addition to the standards of the Unified Development Ordinance, all determined and delineated jurisdictional wetlands subject to disturbance shall be governed by Indiana Department of Natural Resources (DNR) and Army Corps of Engineers regulations.

(4)

Disturbance. No land-disturbing activity, mowing, or temporary or permanent structure shall be allowed within twenty-five feet of a delineated wetland.

(5)

Buffer Area. A wetland buffer area extending twenty-five feet from a delineated wetland shall be placed within a conservancy easement consistent with the standards of Section 20.07.070(e)(10) and shall be protected with silt fencing, tree protection fencing, or both, during the entire period of construction.

(6)

Draining. In no case shall draining of a delineated wetland be allowed.

(7)

Stormwater Discharge. Stormwater discharge into a wetland shall not be increased over its preexisting rate. In addition, such discharge into a wetland shall not be substantially reduced from preexisting conditions.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.044 EN-07 (Environmental standards—Tree and forest preservation).

This environmental standards section applies to the following zoning districts:

20-05-044.png

(a)

Tree and Forest Preservation.

(1)

Applicability. This section shall apply to all land-disturbing activities on properties containing wooded areas.

(2)

Retention of Existing Canopy. The following table shall be used to determine the minimum amount of existing vegetation canopy that must be retained during land-disturbance activity.

Baseline
Canopy
Cover
Retained Canopy Cover
80—100% 0.50 × Baseline canopy cover
60—79% 0.60 × Baseline canopy cover
40—59% 0.70 × Baseline canopy cover
20—39% 0.80 × Baseline canopy cover
0—19% 0.90 × Baseline canopy cover

 

Example: For a property of twenty acres with fifty percent canopy cover (i.e., ten acres), a development would be required to maintain at least seven acres (ten acres × 0.70) of canopy cover.

(3)

Preference to Stands of Vegetation. The retention standards outlined above shall be applied to retain high-quality stands of native trees, undisturbed woodlands, and corridors of contiguous vegetation in priority over individual specimen trees, or younger stands of vegetation. No more than ten percent of the canopy retention standard shall be met by preserving individual trees not included within preferred wooded areas as defined in this subsection. Where individual specimen trees are to be preserved, preference shall be given to protecting heritage trees that are of particular value due to their type, size or age.

(4)

Smaller Parcels. For parcels of land less than two acres, the preservation standards outlined in subsection (a)(2), Retention of Existing Canopy of this section may be altered by the planning and transportation director to allow preservation of individual specimen trees or tree lines along property borders.

(5)

Overlapping Preservation Areas. Where acreage set aside to fulfill the conservation or buffer requirements found in Sections 20.05.039, EN-02 (Environmental standards—Steep slopes), 20.05.041, EN-04 (Environmental standards—Riparian buffer), 20.05.042, EN-05 (Environmental standards—Karst Geology), and 20.05.043, EN-06 (Environmental standards—Wetlands) also meets the requirements for tree and forest preservation under subsection (a) of this section, such acreage shall be counted toward fulfillment of all applicable requirements.

(6)

Where contiguous areas of at least one-half acre of tree cover are required to be preserved, a conservation and/or tree preservation easement shall be required per Chapter 20.07, Design Standards. The edges of such easements shall be delineated ten feet beyond the driplines of the trees to be preserved.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 14-12, § 5, 7-9-2014)

20.05.045 EN-08 (Environmental standards—Lake watershed areas).

This environmental standards section applies to the following zoning districts:

20-05-045.png

(a)

Lake Watershed Areas.

(1)

Applicability. This section shall apply to all land-disturbing activities on properties located within the watersheds of Lake Monroe and Griffy Lake as delineated on the city's geographic information system (GIS).

(2)

Exception. Single-family detached dwellings on lots of record shall not be subject to the requirements of this subsection.

(3)

Geotechnical Report. Site plans, subdivision plats, and planned unit development plans shall include a report prepared by a geotechnical consultant that addresses soil stabilization, erosion/siltation control and stormwater runoff quality. The geotechnical consultant who prepares the required report must be a licensed professional engineer.

(4)

Site Design. Site design shall locate structures and land-disturbing activities so as to avoid tree concentrations. Streets, parking areas and building pads shall conform closely to existing contours and minimize grading.

(5)

Steep Slopes. The maximum slope on which buildings may be constructed shall be twelve percent. No disturbance shall occur on any slope greater than twelve percent.

(6)

Recordable Commitment. Developments shall incorporate redundant stormwater runoff quality mitigation measures. The ongoing maintenance of these measures shall be ensured through a binding, recordable commitment that provides for all the following:

(A)

Periodic third-party inspection and report;

(B)

A homeowner's association with financing capability;

(C)

City authorization to order maintenance;

(D)

City authorization to seek injunctive relief;

(E)

City authorization to perform necessary maintenance and charge the homeowner's association for such work; and

(F)

Provisions, meeting the standards of Section 20.07.090(c), for responsibility of individual lot owners in the event the owners' association fails or refuses to perform.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.046 FW-01 (Fence and wall standards—General).

This fence and wall standards section applies to the following zoning districts:

20-05-046.png

(a)

Orientation. Fences and walls must present the nonstructural face outward towards adjacent parcels and any adjacent public right-of-way.

(b)

Vision Clearance. Fences and walls must meet all vision clearance standards in this chapter.

(c)

Location.

(1)

Property Line. Fences and walls shall be permitted up to the property line.

(2)

Easements. No fence or wall shall be located within a public or private easement unless written permission from the easement holder has been granted.

(d)

Maximum Height.

(1)

Behind the front building wall of the primary structure, fences and walls shall not exceed a combined height of eight feet.

(2)

Forward of the front building wall of the primary structure, fences and walls shall not exceed four feet in height.

(3)

Where no primary structure exists on the parcel, fences and walls shall not exceed four feet in height.

(e)

Exceptions.

(1)

Fences and walls used to screen trash receptacles, mechanical equipment, and other areas requiring screening are exempt from the height limits in subsection (d), Maximum Height of this section; however they shall not be less than six feet in height.

(2)

Utility substation and transmission facilities, quarry and stone processing, jails, detention facilities, kennels, and prisons are exempt from subsection (d), Maximum Height of this section.

(3)

Retaining walls are exempt from the height standards, but must be constructed in accordance with manufacturer's specifications or generally accepted engineering standards.

(4)

Fences and walls used to screen swimming pools shall not be less than five feet in height or greater than eight feet in height.

(5)

Fences and walls located in the RE, IG, IN and QY zoning districts are exempt from height standards.

(6)

Decorative features of fences such as post tops are exempt from height requirements provided they extend no more than twelve inches from the top of the fence and are spaced at least eight feet apart.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.047 FW-02 (Fence and wall standards—Prohibitions).

This fence and wall standards section applies to the following zoning districts:

20-05-047.png

(a)

The following shall be prohibited from use as a component of a fence or wall:

(1)

Barbed wire;

(2)

Security wire;

(3)

Sharpened top spikes;

(4)

Electrified wires; and

(5)

Other similar elements or materials.

(Ord. 06-24 § 3 (part), 2006).

20.05.048 FP-01 (Floodplain standards—General).

Purpose. The floodplain standards are intended to reduce the potential for loss of life and property, reduce the potential for health and safety hazards, reduce the potential for extraordinary public expenditures for flood protection and relief, and make federally subsidized flood insurance available for existing structures and their contents by fulfilling the requirements of the National Flood Insurance Program.

This floodplain standards section applies to the following zoning districts:

20-05-048.png

(a)

Development in the Floodplain. Development shall be prohibited within the floodplain, except as specified in this section.

(b)

Floodwater Storage Capacity. Under no circumstance shall there be a net loss of floodwater storage capacity. No development or other activity which might impair the flow of water in the floodplain shall be permitted. No development that may cause any increase in the elevation of the regulatory flood shall be permitted.

(c)

Jurisdictional Boundary for the Floodplain Standards. The jurisdictional boundaries for the floodplain standards shall be as shown on the Flood Insurance Rate Maps (FIRM) prepared under the National Flood Insurance Program by FEMA. The areas included in the floodplain are the floodway, floodway fringe, and the floodplain, as defined in subsection (d)(3), Floodplain Features below.

(d)

Additional Development Standards for Floodplain Areas.

(1)

Warning and Disclaimer of Liability. It is not represented herein that flooding will be limited to those areas designated as floodplain or flood hazard areas or to the conditions of the regulatory flood. It is asserted that there is no liability on the part of the city or the state or any employee thereof for any flood damage that may occur as a result of reliance upon, or conformance with, these regulations.

(2)

Duties of Administrator. The planning and transportation director or their designee shall be the administrator of the floodplain standards, as required by the Federal Emergency Management Agency (FEMA).

(3)

Floodplain Features. For the purpose of these regulations, the following features are established:

(A)

Floodway. That portion of the flood hazard area required to store, convey, and discharge the peak flood flow of the regulatory flood. The floodway shall include the floodway as shown on the Flood Insurance Rate Map (FIRM) prepared under the National Flood Insurance Program by FEMA.

(B)

Floodway Fringe. Those portions of the floodplain outside the floodway.

(C)

Floodplain. The channel proper and the areas adjoining wetlands, lakes or watercourses which have been or hereafter may be covered by the regulatory flood. The floodplain includes the floodway and the floodway fringe features. The floodplain is also referred to as the Special Flood Hazard Area (SFHA).

(4)

Permitted and Conditional Uses.

(A)

Permitted Uses.

(i)

Floodway. The following are permitted in the floodway provided that no structure, obstruction, deposit or excavation is involved:

a.

Pasturage;

b.

Forestry;

c.

Wildlife areas;

d.

Nature preserves;

e.

Riparian buffers;

f.

Storm sewers;

g.

New and replacement utility pipelines; and

h.

Parks and recreational open space.

(ii)

Floodway Fringe. The following are permitted in the floodway fringe provided that no structure, obstruction, deposit or excavation is involved:

a.

Pasturage;

b.

Forestry;

c.

Wildlife areas;

d.

Nature preserves;

e.

Storm sewers;

f.

New and replacement utility pipelines;

g.

Parks and recreational open space; and

h.

Open areas used to meet lot area, setback, density and impervious surface coverage requirements for structures and uses located outside the floodplain or floodway boundaries.

(B)

Conditional Uses.

(i)

Floodway Fringe. The following are conditional uses in the floodway fringe:

a.

Transportation facilities, including, but not limited to, bridges, streets or drives;

b.

Water related urban uses, such as wastewater treatment facilities, electric generating and transmission facilities and water treatment facilities;

c.

Any other flood-tolerant or open space uses, such as storage of materials not subject to flood damage that do not contain hazardous pollutants;

d.

Parking lots constructed solely of permeable pavers; and

e.

Recreational equipment.

(5)

Floodplain Boundaries.

(A)

Location. The locations of the floodplain boundaries are based upon the regulatory flood elevation, floodway, and floodway fringe limits for the studied special flood hazard areas of the City of Bloomington as delineated on the 100-year profiles in the Flood Insurance Study of Monroe County and Incorporated Areas and the corresponding flood insurance rate map prepared by the Federal Emergency Management Agency and dated December 17, 2010. The flood profiles, and the special flood hazard areas delineated on the December 17, 2010 FIRM are a component of the official zoning map. The regulatory flood elevation, floodway, and fringe limits for each unstudied special flood hazard area of the City of Bloomington delineated as an "A Zone" on the FIRM of the Monroe County and Incorporated Areas prepared by the Federal Emergency Management Agency and dated December 17, 2010, shall be according to the best data available as provided by the Indiana Department of Natural Resources; provided the upstream drainage area from the subject site is greater than one square mile.

(B)

Disputed Boundaries. The elevation of the regulatory flood profile for the point in question shall be the governing factor in locating the boundary on the land. Any person contesting the location of the boundaries on the FIRM maps may apply to FEMA for a letter of map amendment (LOMA) to establish that the property is not located in a flood hazard area (FHA). Any person who believes the FIRM maps to be in error in the location of the flood districts, delineations, and/or elevations may apply to FEMA for a letter of map revision (LOMR) for an official revision to the FIRM maps.

(C)

Structures Located on Boundary Lines. Where a floodplain boundary line divides a structure, these regulations shall apply to the entire structure.

(D)

Subdivision Plats. Developers shall record the base flood elevation and delineate the floodplain boundary on all final plats prior to submitting the final plats for approval by the plan commission.

(E)

Site Plans. Upon receipt of an application for a site plan review and/or a certificate of zoning compliance, the planning and transportation department shall determine if the site is located within an identified floodway, floodway fringe, or within the floodplain.

(i)

Floodway. If the site is in an identified floodway, the planning and transportation department shall require the applicant to forward the application, along with all pertinent plans and specifications, to DNR and apply for a permit for construction in a floodway.

a.

Under the provisions of Indiana Code 14-28-1, a permit from DNR is required prior to the issuance of a local certificate of zoning compliance for any excavation, deposit, construction or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing and paving, etc., undertaken before the actual construction of the building.

b.

No action shall be taken by the planning and transportation department until a permit for construction in the floodway has been issued by DNR. Once a permit has been issued by DNR, and provided the applicant has received approval as necessary from the board of zoning appeals under Sections 20.09.130, Development standards variance or 20.09.150, Conditional use, the planning and transportation department may issue a certificate of zoning compliance provided the provisions of this title have been met. The certificate of zoning compliance and standards of site plan review may not be less restrictive than the permit issued by DNR.

(ii)

Floodway Fringe. If the site is located in an identified floodway fringe, the planning and transportation department may issue a certificate of zoning compliance provided the provisions of this title, and particularly the provisions of Chapter 20.05, FL: Floodplain Standards, have been met.

(iii)

Floodplain with Drainage Area Greater Than One Square Mile. If the site is in an identified floodplain where the limits of the floodway and floodway fringe have not yet been determined, and the drainage area upstream of the site is greater than one square mile, the planning and transportation department shall require the petitioner to forward the application, along with all pertinent plans and specifications, to DNR for review and comment.

a.

No action shall be taken by the planning and transportation department until either a permit for construction in the floodway or a letter stating that no permit is required citing the base flood elevation and the recommended flood protection grade has been received from DNR.

b.

Once a permit for construction in the floodway or a letter stating that no permit is required has been issued by DNR, and provided the petitioner has received approval as necessary from the board of zoning appeals under Section 20.05.024, CU-02 (Conditional use—Floodway and floodway fringe development) of this title, the planning and transportation department may issue a certificate of zoning compliance provided the provisions of this title have been met. The certificate of zoning compliance and standards of site plan review may not be less restrictive than the permit for construction in the floodway issued by DNR.

(iv)

Floodplain with Drainage Area Less Than One Square Mile. If the site is in an identified floodplain where the limits of the floodway and floodway fringe have not yet been determined and the drainage area upstream of the site is less than one square mile, the planning and transportation department shall require the petitioner to provide an engineering analysis from a certified professional engineer showing the limits of the floodway, floodway fringe and base flood elevation for the site. Once the planning and transportation department has verified that the proposed development will not cause any increase in the elevation of the regulatory flood, the planning and transportation department may issue a certificate of zoning compliance provided the provisions of this title have been met.

(6)

Watercourse Alterations. No alteration shall be made to any watercourse in any floodplain area as shown on the official zoning map or any area otherwise subject to the jurisdiction of DNR or FEMA without first securing a LOMR from FEMA, as well as any necessary permits and approvals from DNR, IDEM, and the Army Corps of Engineers. Prior to any alteration or relocation of a watercourse, the city shall notify any applicable adjacent communities and the state floodplain coordinator. Copies of such notifications shall also be submitted to FEMA. Maintenance of any altered or relocated watercourse is required in order to ensure that no diminishing of flood-carrying capacity occurs.

(7)

No local floodplain development permit shall be issued unless all necessary federal or state permits have been received. Copies of such permits are to be maintained on file with the floodplain development permit.

(8)

Record Keeping. The city shall maintain for public inspection and furnish upon request local permit documents, damaged structure inventories, substantial damage determinations, regulatory flood data, SFHA maps, LOMA, LOMR, copies of DNR permits and floodplain analysis and regulatory assessments (letters of recommendation), federal permit documents, and "as-built" elevation and floodproofing data for all buildings constructed subject to this ordinance.

(9)

Construction of Utilities and Waste Disposal Systems. Public utilities and facilities, such as sewer, gas, electrical, and water systems, shall be located and constructed so as to minimize or eliminate flood damage. New and replacement sanitary sewer systems shall be designed to minimize or eliminate infiltration of flood waters into the system. On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009; Ord. No. 10-20, §§ I—VII, 12-15-2010; Ord. No. 14-12, §§ 3, 5, 7-9-2014)

20.05.049 GD-01 (Green development incentives—General).

Purpose. The growth policies plan recognizes sustainability as a key component of nurturing Bloomington's environmental integrity. As a result, incentives are being provided to encourage the use of sustainable development practices throughout the planning jurisdiction. Implementation of these practices will help to make Bloomington a more sustainable community.

This green development incentives section applies to the following zoning districts:

20-05-049.png

(a)

Sustainable Development Practices. The following sustainable development practices may be incorporated into a development in order to achieve development standards bonuses as provided in subsections (b), Level One Incentives, (c), Level Two Incentives and (d), Level Three Incentives of this section. Any development that incorporates these practices shall indicate such inclusion at the site plan review stage. The reviewing authority shall determine whether any particular project meets the goals set forth herein, taking into account the combination of sustainable development practices proposed; the land use patterns, infrastructure, and transportation patterns of the surrounding area; the zoning of any developed land in the surrounding area; and other such factors as may be relevant to the individual project. Where the reviewing authority determines that the proposal meets the goals set forth herein, the reviewing authority may waive the applicable development standards and grant the bonuses set forth herein.

(1)

Goal 1. Structures and developments that demonstrate exceptional efficiency in the use of energy and resources and minimize their impact on the natural environment. Examples of designs that may qualify as meeting this goal include but are not limited to the following:

(A)

Installation of a vegetated roof covering at least fifty percent of the total roof area. Incorporation of this practice shall conform to the provisions of SS Credit 7.2: Heat Island Effect: Roof as provided in the most current version of the LEED for New Construction Rating System as approved by plan commission.

(B)

Demonstrate a percentage improvement in the proposed building performance rating compared to the baseline building performance rating per the most current version of the LEED for New Construction Rating System as approved by plan commission. Incorporation of this practice shall conform to the provisions of EA Credit 1: Optimize Energy Performance as provided in the most current version of the LEED for New Construction Rating System as approved by plan commission.

(C)

Incorporate non-polluting and/or renewable on-site energy sources including, but not limited to, solar, wind, geothermal, biomass and bio-gas energy sources. Incorporation of this practice shall conform to the provisions of EA Credit 2: On-Site Renewable Energy as provided in the most current version of the LEED for New Construction Rating System as approved by plan commission.

(D)

Recycling and/or salvaging of at least fifty percent of non-hazardous construction and demolition debris. Incorporation of this practice shall conform to the provisions of MR Credit 2: Construction Waste Management as provided in the most current version of the LEED for New Construction Rating System as approved by plan commission.

(E)

Utilization of building materials or products that have been extracted, harvested or recovered, as well as manufactured, within five hundred miles of the project site for a minimum of ten percent (based on cost) of the total materials value. Incorporation of this practice shall conform to the provision of MR Credit 5: Regional Materials as provided in the most current version of the LEED for New Construction Rating System as approved by plan commission.

(2)

Goal 2. A landscaping and site design that makes an exceptional contribution to the quality of the natural environment. Examples of designs that may qualify as meeting this goal include but are not limited to the following:

(A)

Use of permeable pavement materials for at least fifty percent of all private driveways, pathways, and parking areas.

(B)

Use of native vegetation, permeable man-made materials, biofiltration swales, rain gardens and other conservation design techniques to convey and filter stormwater.

(C)

Use of stormwater systems to capture and reuse at least fifty percent of stormwater for common and public space irrigation.

(D)

Placement of all slopes of twelve percent or greater within conservancy easements to ensure that they are not developed, nor disturbed during the development of remaining portions of the site, as well as the retention of at least ninety percent of existing tree canopy cover in compliance with Section 20.05.044(a)(2) of this chapter.

(3)

Goal 3. A commitment to serve, in an exceptional manner, important public policy such as pedestrian-friendly, mixed use development, affordable housing, or reduction in automobile travel. Examples of commitments that may qualify as meeting this goal include but are not limited to the following:

(A)

Incorporation of a mix of residential and nonresidential land uses either within the development or within individual buildings.

(B)

Provision of one hundred percent of the required bicycle parking spaces as either long-term Class I bicycle parking facilities or covered, Class II bicycle parking facilities, or a combination of those two bicycle parking facility types.

(C)

Provision of automobile parking at least twenty-five percent below permitted maximums, coupled with provision of bicycle parking at least fifty percent above required minimums.

(D)

Provision of subsidized Bloomington Transit passes or provision of a private van or shuttle.

(4)

Goal 4. A location that provides an exceptional opportunity for residents to walk or use public transit in lieu of automobile travel. Examples of locations that may qualify as meeting this goal include but are not limited to the following:

(A)

Location of the development within one-fourth mile of a Bloomington Transit stop, provided that the transit facility is accessible using pedestrian facilities.

(B)

Location of the development within one-fourth mile of a neighborhood, community, or regional activity center, or downtown, as mapped in the growth policies plan, provided these commercial areas are accessible using pedestrian facilities.

(C)

Location of the development within one-fourth mile of a public school or park, provided these public facilities are accessible using pedestrian facilities.

(D)

Location of the development within one-fourth mile of a public multiuse trail facility, provided the development can be connected with pedestrian facilities to the public trail facility.

(b)

Level One Incentives.

(1)

A development may utilize the level one incentives detailed in subsection (b)(2) of this section if the reviewing authority determines that the development meets all four goals listed in subsection (a), Sustainable Development Practices, of this section through the incorporation of the following:

(A)

At least two sustainable development practices from Goal 1 as specified in subsection (a)(1) above; and

(B)

At least one sustainable development practice from each of Goals 2, 3 and 4 as specified in subsections (a)(2), (a)(3) and (a)(4) above.

(2)

Developments described in subsection (b)(1) above may utilize the following changes to development standards:

(A)

Side Building Setbacks. For residential districts, side building setbacks shall be reduced to six feet regardless of the number of stories. For nonresidential districts, side building setback requirements shall be reduced by twenty-five percent.

(B)

Rear Building Setbacks. For residential districts, rear building setbacks shall be decreased to twenty feet. For nonresidential districts, rear building setback requirements shall be reduced by twenty-five percent.

(C)

Density. For multifamily districts and nonresidential districts where multifamily uses are permitted, maximum residential density shall be increased by twenty-five percent.

(c)

Level Two Incentives.

(1)

A development may utilize the level two incentives detailed in subsection (c)(2) of this section if the reviewing authority determines that the development meets all four goals listed in subsection (a), Sustainable Development Practices, of this section through the incorporation of the following:

(A)

At least three sustainable development practices from Goal 1 as specified in subsection (a)(1) above; and

(B)

At least two sustainable development practices from each of Goals 2, 3 and 4 as specified in subsections (a)(2), (a)(3) and (a)(4) above.

(2)

Developments described in subsection (c)(1) above may utilize the following changes to development standards:

(A)

Side Building Setbacks. For residential districts, side building setbacks shall be reduced to five feet regardless of the number of stories. For nonresidential districts, side building setback requirements shall be reduced by fifty percent.

(B)

Rear Building Setbacks. For residential districts, rear building setbacks shall be decreased to fifteen feet. For nonresidential districts, rear building setback requirements shall be reduced by fifty percent.

(C)

Density. For multifamily districts and nonresidential districts where multifamily uses are permitted, maximum residential density shall be increased by fifty percent.

(d)

Level Three Incentives.

(1)

A development may utilize the level three incentives detailed in subsection (a)(2) of this section if the reviewing authority determines that the development meets all four goals listed in subsection (a), Sustainable Development Practices, of this section through the incorporation of the following:

(A)

At least four sustainable development practices from Goal 1 as specified in subsection (a)(1) above; and

(B)

At least two sustainable development practices from each of Goals 2, 3 and 4 as specified in subsections (a)(2), (a)(3) and (a)(4) above.

(C)

An allocation of at least fifteen percent of the total number of housing units located in the development as affordable housing. Such housing units must be entered into an affordable housing program administered by the local, state or federal governments.

(2)

Developments described in subsection (d)(1) above may utilize the following changes to development standards:

(A)

Side Building Setbacks. For residential districts, side building setbacks shall be reduced to five feet regardless of the number of stories. For nonresidential districts, side building setback requirements shall be reduced by fifty percent.

(B)

Rear Building Setbacks. For residential districts, rear building setbacks shall be decreased to fifteen feet. For nonresidential districts, rear building setback requirements shall be reduced by fifty percent.

(C)

Density. For multifamily districts and nonresidential districts where multifamily uses are permitted, maximum residential density shall be increased by seventy-five percent.

(e)

Waiver of Fees. All developments utilizing the provisions of this section to achieve the incentives outlined in subsections (b), (c) and (d) of this section shall also be eligible for the following waivers or reductions of fees:

(1)

Filing fees for the plan commission and/or board of zoning appeals may be waived by the planning and transportation director.

(2)

Fees associated with right-of-way excavation permits may be waived by the planning and transportation director.

(3)

Sewer hook-on fees may be waived or reduced by the utilities service board.

(f)

Application Material and Verification of Compliance. In addition to the standard application requirements specified in Section 20.09.080, Site plan review, the petitioner shall provide the following information:

(1)

A completed green building worksheet shall be submitted and approved at the time of site plan approval. The green building worksheet shall be accompanied by supporting material specifying how the development will incorporate the specific sustainable development practices selected from subsection (a), Sustainable Development Practices, of this section.

(2)

At the time of site plan approval, the petitioner shall record a commitment verifying that the development will comply or has already complied with the sustainable development practices petitioned for as part of the site plan application. The commitment shall comply with the requirements specified in Section 20.09.100, Commitments—Site plan.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009; Ord. No. 13-02, § 25, 1-16-2013; Ord. No. 14-12, §§ 5, 15, 7-9-2014)

20.05.050 HT-01 (Height standards—General).

This height standards section applies to the following zoning districts:

20-05-050.png

(a)

Height Exceptions. The following types of structures or building features are exempt or partially exempt from the maximum structure height standards of Chapter 20.02, Zoning Districts as follows:

(1)

Religious Elements. Church steeples, bell towers, and similar features may exceed the maximum height of the applicable zoning district by no more than twenty-five percent of the applicable maximum height.

(2)

Water Towers and Quarry Derricks. Water towers and quarry derricks are allowed up to a height of one hundred fifty feet.

(3)

Chimneys. Chimneys are allowed to extend ten feet above the roof's highest point.

(4)

Mechanical Equipment. Roof-mounted mechanical equipment including, but not limited to, utility boxes, telecommunication devices, cables, conduits, vents, chillers and fans, may extend up to ten feet above the roof's highest point. In such cases, roof-mounted equipment shall be:

(A)

Located such that it is not visible from adjacent private and public streets, or

(B)

Shielded from view with a parapet or other architectural feature such that it is not visible from adjacent private or public streets.

(5)

Elevator Bulkheads. Elevator bulkheads may extend up to ten feet above the roof's highest point. In such cases, an elevator bulkhead shall be:

(A)

Located such that it is not visible from adjacent private and public streets, or

(B)

Shielded from view with a parapet or other architectural feature such that it is not visible from adjacent private and public streets, or

(C)

Be constructed with the same exterior building materials, or

(D)

Be architecturally integrated into the building's design so as to not look like an elevator bulkhead.

(6)

Communication Facilities. Communication facilities are exempt from height restrictions, subject to the limitations of this chapter.

(Ord. 06-24 § 3 (part), 2006).

20.05.051 HO-01 (Home occupation—General).

This home occupation standards section applies to the following zoning districts:

20-05-051.png

(a)

Certificate of Zoning Compliance. No person shall conduct a home occupation in a dwelling in any zoning district without having first received a certificate of zoning compliance. Such certificate of zoning compliance shall not be transferable to any other person, nor shall this certificate of zoning compliance be valid at any address or for any home occupation other than the one appearing on the certificate of zoning compliance.

(b)

Conditional Use Approval. In residential districts, a conditional use approval by the board of zoning appeals or the hearing officer shall be required for home occupations prior to the issuance of a certificate of zoning compliance.

(c)

Site Plan Review.

(1)

Residential Districts. An approved home occupation in a residential district shall be treated as a single-family dwelling unit for purposes of site plan review. Upon approval of a home occupation request, the petitioner shall be required to install bicycle and pedestrian facilities in compliance with Sections 20.05.010, AT-01 (Alternative transportation—General) and 20.05.011 AT-02 (Alternative transportation—Bicycle parking standards—General) of this title.

(2)

Nonresidential Districts. A home occupation in a nonresidential district that meets all of the standards of this section shall be treated as a single-family dwelling unit for purposes of site plan review. Upon approval of a home occupation request, the petitioner shall be required to install bicycle and pedestrian facilities in compliance with Section 20.05.010 of this title. A home occupation that does not meet the standards of this section shall be treated as a commercial use and subject to site plan review.

(d)

Exceptions.

(1)

Exempted Uses. The follow uses shall not be regulated as home occupations:

(A)

Child care home, provided that the child care home is also the primary residence of the operator;

(B)

Adult day care home;

(C)

Group care home for developmentally disabled;

(D)

Group care home for mentally ill;

(E)

Group/residential care home.

(2)

Other Exempted Home Occupations. Activities such as drafting, drawing, typing, writing, and operating telephones, sewing machines or computers, shall not require a certificate of zoning compliance or conditional use approval, provided that the following regulations are met:

(A)

No employees or customers visit the premises;

(B)

No signs are displayed; and

(C)

No deliveries other than those normally associated with residential uses are made to the site.

(e)

Operations Standards.

(1)

Operator Residency Required. The operator of the home occupation shall reside in the dwelling unit.

(2)

Maximum Number of Nonresident Employees. Any home occupation shall be permitted a maximum of one employee who does not reside in the dwelling unit.

(3)

Maximum Floor Area. A maximum of fifteen percent of the total interior floor area of the dwelling unit shall be used in connection with the home occupation. However, no home occupation shall be limited to less than two hundred square feet, nor shall the area of a home occupation exceed five hundred square feet. If there is more than one home occupation being conducted within a dwelling unit, then all home occupations within the dwelling unit shall cumulatively use no more than fifteen percent or five hundred square feet of the dwelling unit, whichever is less. Area used for storage of materials or products used in the home occupation shall be included in this calculation.

(4)

Multiple Home Occupations. More than one home occupation may be permitted within an individual dwelling unit. Where multiple home occupations are conducted within an individual dwelling unit, the operations standards of this subsection shall be applied to the combined total of all home occupation activities, not to each home occupation individually.

(5)

Residential Character. There shall not be any interior or exterior, structural or aesthetic, alterations that change the residential character of the dwelling unit within which the home occupation operates.

(6)

Location and Entrance. The home occupation shall be conducted entirely within the primary structure or attached garage. The use of an attached garage for a home occupation shall not interfere with the provision of any required off-street parking.

(7)

Outdoor Display and Storage. Outdoor display of goods, materials, supplies, or equipment shall be prohibited.

(8)

Sales. Direct sales and/or rentals of products shall be prohibited. Incidental sales of products related to the home occupation are permitted. Mail and/or telephone sales activities are permitted.

(9)

Signage. A home occupation shall be permitted to display one sign, attached to the wall of the building, of a maximum size of two square feet. All other advertising, signs, displays, or other indications of a home occupation in the yard, on the exterior of the dwelling unit, or visible from anywhere outside the dwelling unit shall be prohibited.

(10)

Off-street Parking and Loading. No additional driveway to serve the home occupation shall be permitted. No off-street parking or loading facilities, other than requirements of the applicable zoning district, shall be permitted.

(11)

Hours of Operation. Customer visitation in association with the home occupation shall be limited to between eight a.m. and eight p.m. The hours of operation of the home occupation shall not interfere with the use and enjoyment of adjacent residential properties.

(12)

Commercially Licensed Vehicles. No vehicles requiring the operator to have a commercial driver's license shall be allowed in conjunction with any home occupation.

(13)

Deliveries. Deliveries to the property shall not be permitted, except those by typical residential delivery services.

(Ord. 06-24 § 3 (part), 2006).

20.05.052 LA-01 (Landscaping standards—General).

Purpose. The landscaping standards are intended to improve Bloomington's vegetated environment and foster development that will protect and preserve the appearance, character, health, safety and welfare of the community. Additionally, the standards are intended to foster aesthetically pleasing development that will protect and improve Bloomington's biodiversity and the ecological services provided by native species and ecosystems. Trees, vegetation, irrigation systems, fences, walls, and other landscape elements are essential components of a project. These components act to enhance the visual quality of developments, screen land uses, and better integrate the built and natural environments.

This landscaping standards section applies to the following zoning districts:

20-05-052.png

(a)

Placement of Landscape Materials.

(1)

Rights-of-way and Easements. It shall be the responsibility of the property owner to install and maintain landscape material in rights-of-way or easements. Plant types shall be approved by either the city or the easement holder.

(2)

Utility Infrastructure. Trees shall be located to avoid significant interference with overhead or underground utilities, including lateral connections. Trees shall be planted at least ten feet from sanitary sewer and water service lines. A tree canopy may project over a right-of-way or easement. All landscaping plans shall be reviewed by the city utilities department in order to ensure that there are no conflicts between proposed landscaping and utility lines.

(3)

Vehicular and Pedestrian Movement. Plant materials shall be located to avoid interference with vehicular and pedestrian movement. Plant materials shall not project over sidewalks, paths, or trails below a height of eight feet. Plant materials shall not project over street curbs or pavement within rights-of-way or access easements below a height of fifteen feet.

(4)

Vision Clearance. Materials shall be located to avoid interference with visibility per this chapter.

(5)

Energy Conservation. Plantings shall be arranged to promote energy conservation.

(A)

Deciduous Trees. Tall deciduous trees should be placed on the south and west sides of buildings to provide shade from the summer sun, and provide warmth from the winter sun.

(B)

Evergreens. Evergreens should be planted on the north side of buildings to dissipate the effect of winter winds.

(6)

Distribution. Required landscaping shall be reasonably distributed throughout all open space areas. It is suggested that the required plantings be planted in clusters or irregular patterns, and that native grasses and other native species be used for ornamentation in addition to the required plantings.

(b)

Maintenance. Developers and their successors in interest shall be responsible for the regular maintenance of all landscaping elements in perpetuity. Failure to maintain all landscaping is a violation of this title subject to the provisions of Chapter 20.10, Enforcement and Penalties. Specifically:

(1)

All plant material shall be maintained alive, healthy, and free from disease and pests.

(2)

All landscape structures including, but not limited to, fences and walls shall be repaired or replaced periodically to maintain a structurally sound and aesthetic condition.

(c)

Plant Material Standards.

(1)

Live Plantings. All plant material shall be living species. Dead, diseased or artificial plants shall not be recognized as contributing to required landscaping.

(2)

Species Diversity. On sites that require an aggregate total of twenty or more new trees, any given species of tree shall be limited to a maximum of thirty-three percent of the total number of newly planted trees on site.

(3)

Permitted Plant Material. All plant material shall be selected from Exhibit LA-A: Permitted Plant Species by Characteristics. Substitutions to the list shall be submitted to the planning and transportation department for approval.

(4)

Prohibited Plant Material. Species identified in Exhibit LA-B: Invasive and Poor Characteristics Species shall under no circumstances be planted.

(5)

New Planting Sizes. The following minimum sizes shall apply to all required plant material:

(A)

Deciduous Trees. All newly planted deciduous trees shall be at least two inches in caliper.

(B)

Evergreen Trees. All newly planted evergreen trees shall be at least six feet tall.

(C)

Shrubs. Shrubs shall be at least three-gallon container size or eighteen inches tall.

(6)

Substitution.

(A)

Public Art. The planning and transportation department may reduce the landscaping requirement by up to twenty-five percent if it is replaced with public art. Public art shall not replace required buffer yard landscaping as required by subsection (f), Buffer Yards, of this section.

(B)

Existing Vegetation. The planning and transportation department may permit the substitution of required landscaping with existing vegetation provided that the existing vegetation is similar in species and location as well as in good health and quality. Vegetation preserved to meet the requirements of Section 20.05.044, EN-07 (Environmental standards—Tree and forest preservation), may be substituted for required landscaping, provided it meets the requirements of subsection (c)(6) of this section. Qualified existing vegetation shall be credited towards required landscaping based on the following values:

(i)

Deciduous Trees. A credit of one tree per every four inches in caliper of an existing qualified deciduous tree is earned. No single existing tree shall count towards more than five individual required trees.

(ii)

Evergreen Trees. A credit of one tree per every twelve feet in height of an existing qualified evergreen tree is earned. No single existing tree shall count towards more than three individual required trees.

(iii)

Shrubs. A credit of one shrub per every one existing qualified shrub is earned.

(C)

Shrubs. Where shrubs are required to be planted by this title, up to twenty percent of the total number of required shrubs may be substituted for with flowering perennials, grasses, or ferns.

(d)

Street Trees.

(1)

Number. A minimum of one canopy tree shall be planted per forty feet of property that abuts a public right-of-way.

(2)

Location.

(A)

Freeway/Expressway. Street trees along a limited-access highway shall be planted within fifteen feet of the property line that abuts the limited-access highway. No trees shall be planted in the right-of-way.

(B)

Arterial, Collector, Local or Private Street. Street trees along an arterial, collector, local or private street shall be planted in the tree plot between the sidewalk and the curb. If a tree plot is not available, then the street trees shall be planted within the front yard immediately adjacent to the street. Street trees planted within the front yard shall not count towards other landscaping requirements.

(C)

Proximity of Adjacent Street Trees. The spacing between adjacent street trees shall be no less than twenty feet and no more than forty feet.

(D)

Tree Grates. Where approved by the city's urban forester, street trees may be planted in a minimum twenty-five square foot cutout covered with an ADA compliant tree grate to maintain a flush grade with adjacent sidewalks.

(E)

Vision Clearance. Street trees shall be planted outside the vision clearance triangle as defined in this chapter. Within fifty feet of an intersection, street trees may be planted behind the sidewalk in order to maintain sight distances for traffic control signs. Low-branching species shall not be allowed within fifty feet of an intersection. Locations for street trees within fifty feet of an intersection shall be approved by the city planning and transportation department. Street trees shall be located a minimum of ten feet from a driveway cut, traffic control sign, or street light, and a minimum of three feet from a fire hydrant.

(3)

Type. Street tree species shall be subject to approval by the city's urban forester.

(e)

Ground Cover. Grass and other vegetative ground cover shall be used for all open space including parking lot bumpouts and islands. The exceptions are as follows:

(1)

Decorative mulch or stone planting beds shall not extend more than one foot beyond the drip line of shrubbery, and shall be no more than six feet in diameter surrounding the trees.

(f)

Buffer Yards.

(1)

Buffer Yard Requirements. A buffer yard shall be provided along the side and rear property lines of any property where the zoning district of the subject property conflicts with the zoning district of the adjacent property. New landscaping that is required to meet these buffer yard requirements shall not count toward other site or parking landscaping requirements. The buffer yard requirements table below shall be used to determine the type of buffer yard to be installed on the subject property. The following requirements shall apply to all buffer yards:

(A)

Responsibility. The developer or owner of the property being developed is responsible for installing the buffer yard at the time of that development. The adjacent property owner shall not be required to participate in the installation of the buffer yard.

(B)

Location. All required buffer yard areas shall be provided entirely on the subject property and shall be in addition to setbacks required by this title. The required buffer yards shall be installed despite the presence of streets, alleys, streams or other features that may separate the two properties.

(C)

Plant Material. All plant material used to meet the buffer yard requirements shall meet the standards of this section, and shall be selected from the list of permitted plant species in Section 20.05.058, Exhibit LA-A: Permitted Plant Species by Characteristics and Location.

(D)

Groundcover. All portions of a buffer yard not planted with trees, shrubs, or other required landscape materials shall be covered with grass or similar ground-covering vegetation. Landscaping stone or other non-vegetative materials may not be substituted for ground-covering vegetation. Decorative mulch or stone planting beds may be used around trees, provided that such planting beds are no greater than six feet in diameter.

(E)

Planned Unit Development. For development adjacent to a planned unit development, or for a planned unit development adjacent to existing development, the zoning district that most closely matches the predominant use of the planned unit development shall be used to determine the buffer yard type.

(2)

Buffer Yard Types. Required buffer yards shall be installed according to the following standards:

(A)

Buffer Yard Type 1:

(i)

A minimum setback of ten feet shall be provided in addition to the setback otherwise required by this title.

(ii)

One deciduous canopy tree shall be planted in the buffer yard for every thirty feet of boundary between the subject and adjoining properties.

(B)

Buffer Yard Type 2:

(i)

A minimum setback of fifteen feet shall be provided in addition to the setback otherwise required by this title.

(ii)

One deciduous canopy tree and two evergreen trees shall be planted in the buffer yard for every twenty-five feet of boundary between the subject and adjoining properties.

(C)

Buffer Yard Type 3:

(i)

A minimum setback of twenty feet shall be provided in addition to the setback otherwise required by this title.

(ii)

A row of deciduous canopy trees shall be planted parallel to the property line within the buffer yard with one tree placed every twenty feet along the boundary between the subject and adjoining properties.

(iii)

One of the following shall also be provided:

a.

A six-foot tall opaque fence or brick/stone wall;

b.

A five-foot tall undulating berm planted with shrubs; or

c.

A row of evergreen trees, comprised of one tree placed every ten feet along the property boundary.

The buffer yard type indicated on the table below shall be provided on the subject property when…

…the zoning for the subject property is… …and the adjoining property is zoned:
RE RS RC RM RH MH CL CG CA CD IG BP IN MD QY
RE 1 2 2 2 3 3 3 3 3 3 3 3
RS 1 1 2 1 2 2 2 3 3 2 2 3
RC 1 1 1 1 2 2 3 3 2 2 3
RM 1 1 1 1 1 2 2 3 2 2 2 3
RH 2 1 1 1 1 1 2 3 2 1 1 3
MH 2 1 1 1 1 2 2 2 1 3 2 2 2 3
CL 2 1 1 1 1 2 1 1 1 2 1 1 1 3
CG 3 2 2 2 1 2 1 1 1 1 1 1 2
CA 3 2 2 2 2 2 1 1 1 2 2 2 2
CD 3 2 1 1 1 1 2 2 1 1
IG 3 3 3 3 3 3 2 1 1 2 1 2 2 1
BP 3 3 3 2 2 2 1 1 2 2 1 1 1 2
IN 3 2 2 2 1 2 1 1 2 1 2 1 1 2
MD 3 2 2 2 1 2 1 1 2 1 2 1 1 3
QY 3 3 3 3 3 3 3 2 2 1 2 2 3

 

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009; Ord. No. 14-12, §§ 3, 10, 7-9-2014)

20.05.053 LA-02 (Landscaping standards—General parking).

This landscaping standards section applies to the following zoning districts:

20-05-053.png

(a)

Parking Lot Perimeter Plantings. Parking lots shall be screened from streets and adjacent uses using a combination of plant materials, decorative fences, decorative walls, and/or earthen berms. Parking lots with four or more spaces shall have the following perimeter planting:

(1)

Trees.

(A)

Number. Parking lot perimeter areas shall contain one tree per four parking spaces.

(B)

Type. A minimum of seventy-five percent of the required trees shall be large, canopy trees.

(C)

Location. Trees shall be planted within ten feet of the parking lot edge.

(2)

Shrubs.

(A)

Number. Parking lot perimeter areas shall contain three shrubs per one parking space.

(B)

Type. A minimum of fifty percent of the shrubs shall be evergreen.

(C)

Location. Shrubs shall be planted within five feet of the parking lot edge.

(D)

Height. Shrubs planted in parking lot perimeter areas shall be selected from species that grow to a minimum height of four feet.

(b)

Landscape Bumpouts and Islands.

(1)

Number. Parking lots with sixteen or more parking spaces shall provide one landscape bumpout or island per every sixteen parking spaces.

(2)

Minimum Area. Each landscape bumpout or island shall be at least three hundred twenty-four square feet in size.

(3)

Minimum Planting. Each landscape bumpout or island shall contain at least one large canopy tree.

(4)

Curbing. Parking lot bumpouts or islands shall be surrounded by a concrete curb of at least four inches in height.

(5)

Placement. Landscape islands shall be installed to control vehicular circulation and define major drives. Such islands shall be placed at intervals of no more than sixteen consecutive spaces.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.054 LA-03 (Landscaping standards—Multifamily residential).

This landscaping standards section applies to the following zoning districts:

20-05-054.png

(a)

Interior Plantings. The following standards apply:

(1)

Trees.

(A)

Number. Any areas of a site not covered by a structure, parking lot or required buffer yard shall be planted with a minimum of fourteen large canopy trees, five evergreen trees, and five medium or small canopy trees per acre.

(2)

Shrubs.

(A)

Number. Lots shall be planted with a minimum of thirty-six shrubs per acre.

(B)

Type. A minimum of fifty percent of the required shrubs shall be evergreen.

(C)

Substitution. One ornamental tree may be substituted for every four shrubs; however, substitution shall not exceed fifty percent of the required shrubs.

(D)

Foundation Plantings. Shrubs and ornamental trees along foundation walls of structures shall be planted no closer than two feet and eight feet respectively from the foundation wall.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.055 LA-04 (Landscaping standards—Commercial downtown).

This landscaping standards section applies to the following zoning district:

20-05-055.png

(a)

Interior Plantings. The following standards apply:

(1)

Trees.

(A)

Number. Any areas of a site not covered by a structure, parking lot, or required buffer yard shall be planted with a minimum of one tree per five hundred square feet.

(B)

Type. All of the required trees shall be canopy trees.

(C)

Substitution. Open areas less than ten feet wide may substitute ornamental trees for required canopy trees.

(2)

Shrubs.

(A)

Number. Any areas of a site not covered by a structure, parking lot, or required buffer yard shall be planted with a minimum of eight shrubs per five hundred square feet.

(B)

Type. A minimum of fifty percent of the required shrubs shall be evergreen.

(C)

Substitution. One ornamental tree may be substituted for every four shrubs; however, substitution shall not exceed fifty percent of the required shrubs.

(D)

Foundation Plantings. Shrubs and ornamental trees along foundation walls of structures shall be planted no closer than two feet and eight feet respectively from the foundation wall.

(b)

Parking Lot Perimeter Plantings. Parking lots shall be screened from streets and adjacent uses using a combination of plant materials and decorative walls or decorative fences. Parking lots with six or more spaces shall have the following perimeter planting and decorative wall or fence requirements:

(1)

Trees.

(A)

Number. One tree shall be planted per six parking spaces.

(B)

Type. Required trees shall be canopy or ornamental trees.

(C)

Location. Trees shall be planted within ten feet of the parking lot edge.

(2)

Shrubs.

(A)

Number. Three shrubs shall be planted per one parking space.

(B)

Type. A minimum of fifty percent of the shrubs shall be evergreen.

(C)

Location. Shrubs shall be planted within five feet of the parking lot edge.

(D)

Height. Shrubs planted in parking lot perimeter areas shall be selected from species that grow to a minimum height of four feet.

(3)

Walls. A decorative wall shall be installed for locations along the perimeter of the parking area to effectively screen any parking lot from the public right-of-way except for parking spaces where vehicles back out into the public right-of-way. Decorative walls shall be a minimum of thirty inches and a maximum of forty-two inches in height and may incorporate breaks to allow for pedestrian movement.

(c)

Parking Lot Landscape Bumpouts and Islands.

(1)

Number. Parking lot areas with sixteen or more spaces shall provide one landscape bumpout or island per every sixteen parking spaces.

(2)

Minimum Area. Each landscape bumpout or island shall be at least three hundred twenty-four square feet in size.

(3)

Minimum Planting. Each landscape bumpout or island shall contain at least one large canopy tree.

(4)

Curbing. Parking lot bumpouts or islands shall be surrounded by a concrete curb of at least four inches in height.

(5)

Placement. Landscape islands shall be installed to control vehicular circulation and define major drives. Such islands shall be placed at intervals of no more than sixteen consecutive spaces.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.056 LA-05 (Landscaping standards—Nonresidential).

This landscaping standards section applies to the following zoning districts:

20-05-056.png

(a)

Interior Plantings. The following standards apply:

(1)

Trees.

(A)

Number. Any areas of a site not covered by a structure, parking lot, or required buffer yard shall be planted with a minimum of nine large canopy trees, three evergreen trees, and three medium or small canopy trees per acre.

(B)

Type. A minimum of seventy-five percent of the required trees shall be canopy trees.

(2)

Shrubs.

(A)

Number. Lots shall be required to be planted with twenty-seven shrubs per acre.

(B)

Type. A minimum of fifty percent of the required shrubs shall be evergreen.

(C)

Substitution. One ornamental tree may be substituted for every four shrubs; however, substitution shall not exceed fifty percent of the required shrubs.

(D)

Foundation Plantings. Shrubs and ornamental trees along foundation walls of structures shall be planted no closer than two feet and eight feet respectively from the foundation wall.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.057 LA-06 (Landscaping standards; vacant lot landscaping).

This landscaping standards section applies to the following zoning districts:

20-05-057.png

(a)

Applicability. Any lot with frontage on a public street shall be subject to the requirements of this section.

(b)

Timing. Landscaping or ground cover shall be installed as required in subsection (c) on the lot where demolition activity has occurred within one hundred eighty days after the issuance of a demolition permit, unless:

(1)

The planning and transportation director has granted an extension of time due to the need for more time to complete demolition activities or due to the presence of seasonal or inclement weather; or

(2)

A site plan has been approved for the reuse of the property. If an approved site plan has expired and has not been renewed, landscaping as outlined in subsection (c) shall be installed within one hundred eighty days after site plan expiration.

(c)

Planting Requirements.

(1)

For lots of one-half acre or less, the entire lot containing the demolition activity shall be covered with grass or other suitable ground cover as outlined in Section 20.05.057. No ground cover is required in locations where existing vegetation, remaining structures, or parking areas serving such remaining structures still exist.

(2)

For lots greater than one-half acre, one of the following landscaping options must be selected:

(A)

The entire area disturbed for demolition shall be covered with grass or other suitable ground cover as outlined in Section 20.05.057; or

(B)

A ten-foot wide planting area shall be installed along the property line bordering the entire area disturbed for demolition from any public street. This planting area may either utilize raised planters or be level with street grade. Evergreen shrubs that grow to a minimum height of at least four feet shall be planted every three feet within these planting areas.

(d)

Maintenance Requirements.

(1)

All plant material shall be maintained alive, healthy, and free from disease and pests;

(2)

All raised landscape planters shall be repaired or replaced periodically to maintain a structurally sound condition;

(3)

Ground cover shall be maintained in compliance with Bloomington Municipal Code Title 6, Health and Sanitation; and

(4)

Public sidewalks shall be maintained in compliance with Bloomington Municipal Code Title 12, Streets, Sidewalks, and Storm Sewers.

(Ord. No. 09-12, 9-16-2009; Ord. No. 14-12, § 5, 7-9-2014)

20.05.058 Exhibits LA-A: Permitted plant species by characteristics and location.

(a)

Street Trees. Trees suitable for planting along public streets and highways, parking lots, and in locations where low maintenance and hardy constitution are require.

Large street trees forty-five feet and over
at mature height
(bold indicates native species)

Common Name Scientific Name
Black Maple Acer nigrum
Red Maple Acer rubrum
Sugar Maple Acer saccharum
Sugar Hackberry Celtis laevigata
Hackberry Celtis occidentalis
American Beech Fagus grandfolia
European Beech Fagus sylvatica
Ginkgo Ginkgo biloba
Thornless Honeylocust Gleditsia triacanthos inermis
Kentucky Coffee Tree Gymnocladus dioica
Sweetgum Liquidambar styraciflura
Tulip Tree Liriodendron tulipifera
Cucumbertree Magnolia acuminate
Blackgum or Tupelo Nyssa sylvatica
Sycamore Platanus occidentalis
London Planetree Plantanus x acerfolia
Sawtooth Oak Quercus acutissima
White Oak Quercus alba
Swamp White Oak Quercus bicolor
Scarlet Oak Quercus coccinea
Shingle Oak Quercus imbricaria
Bur Oak Quercus macrocarpa
English Oak Quercus robur
Red Oak Quercus rubra
Shumard Oak Quercus shumardii
Black Oak Quercus velutina
Bald Cypress Taxodium distichum
Basswood or American Linden Tilia Americana
Litteleaf Linden Tilia cordata
Silver Linden Tilia tomentosa
Crimean Linden Tilia x euchiora
Homestead Elm Ulmus x
Japanese Zelkova Zelkova serrata

 

Medium street trees twenty-five feet to forty-five feet at mature height
(bold indicates native species)

Common Name Scientific Name
Hedge Maple Acer campestre
Nikko Maple Acer nikoense
Autumn Flame Red Maple Acer rubrum
Roughbark or Three-Flowered Maple Acer triflorum
Downy Serviceberry Amelanchier arborea
Whitespire Birch Betula platyphylla japonica
European Hornbeam Carpinus betulus
American Hornbeam or Blue Beech Carpinus caroliniana
Katsura Tree Cercidiphyllum japonicum
Yellowwood Cladrastis lutea
Turkish Filbert Corylus colurna
Golden Raintree Koelreuteria paniculata
Magnolia species
Hop Hornbeam or Ironwood Ostrya virginiana
Purple Robe Locust Robinia x ambigua

 

Small street trees under twenty-five feet
at mature height
(bold indicates native species)

Common Name Scientific Name
Paperbark Maple Acer griseum
Tartarian Maple Acer tartaricum
Shadblow Serviceberry Amelanchier canadensis
Apple Serviceberry hybrids Amelanchier x grandiflora
Allegheny Serviceberry Amelanchier laevis
Eastern Redbud Cercis canadensis
Flowering Dogwood Cornus florida
Kousa Dogwood Cornus kousa chinensis
Thornless Cockspur Hawthorn Crataegus crus-galli
Washington Hawthorn Crataegus phaenopyrum
Green Hawthorn Crataegus viridis
Flowering Crabapple Malus sp.
Cultivars: 'Adirondack', baccata 'Jackii', 'Bechtel', 'Centzam', 'David', 'Hargozam', 'Pink Spires', 'Prairie Fire', 'Red Barron', 'Red Jewel', 'Sinai Fire', 'Van Esltine', 'Winter Gold', x zumi 'Calocarpa'
Japanese Tree Lilac Syringa reticulata

 

(b)

Interior Trees. Trees suitable for use within the interior of a site. Permitted street tree species listed in previous tables may also be used in addition to the species identified below.

Large trees forty-five feet and over at mature height
(bold indicates native species)

Common Name Scientific Name
Ohio Buckeye Aesculus glabra
Yellow Buckeye Aesculus octandra
Horsechestnut or Buckeye Aesculus sp.
Bitternut Hickory Carya cordiformis
Pignut Hickory Carya glabra
Shellbark Hickory Carya laciniosa
Shagbark Hickory Carya ovata
Mockernut Hickory Carya tomentosa
Northern Catalpa Catalpa speciosa
American Holly Ilex opaca
Black Walnut Juglans nigra
White Pine Pinus strobes
Virginia Pine Pinus virginiana
Black Cherry Prunus serotina
Chestnut Oak Quercus prinus
Canadian or Eastern Hemlock Tsuga Canadensis

 

Medium trees twenty-five feet to forty-five feet
at mature height
(bold indicates native species)

Common Name Scientific Name
River Birch Betula nigra
Hardy Rubber Tree Eucommia ulmoides
Sassafras Sassafras albidum
Arborvitae Thuja occidentalis

 

Small trees under twenty-five feet tall
at mature height
(bold indicates native species)

Common Name Scientific Name
Red Buckeye Aesculus pavia
Pawpaw Asimina triloba
Dwarf Hackberry Celtis tenuifolia
Pagoda Dogwood Cornus alternifolia
Smoke Tree Cotinus coggygria
Silverbell Halesia carolina
Wild Plum Prunus Americana
Oriental or Flowering Cherry Prunus

 

(c)

Shrubs, Bushes, and Hedges. Plants suitable for individual, screen, biohedge uses (up to twelve feet at mature height).

(bold indicates native species)

Common Name Scientific Name
Red Chokeberry Aronia arbutifolia
Black Chokeberry Aronia melanocarpa
Boxwood Buxus species
Caolinia Allspice or Sweet Shrub Calycanthus floridus
New Jersey Tea Ceanothus americanus
Buttonbush Cephalanthus occidentalis
Flowering Quince Chaenomeles
False Cypress Chamaecyparis
Gray Dogwood Cornus racemosa
American Hazelnut Corylus Americana
Cotoneaster Cotoneaster
Silverbell shrub Halesia tetraptera
Spring Witch Hazel Hamamelis vernalis
Eastern Witch Hazel Hamamelis virginiana
Wild Hydrangia Hydrangia arborescens
Oakleaf Hydrangia Hydrangia quercifolia
Winterberry Holly Ilex verticillata
Virginia Sweetspire Itea virginica
Juniper Juniper species
Spicebush Lindera benzoin
Mockorange Philadelphus
Ninebark Physocarpus opulifolius
Shrubby Cinquefoil Potentilla
Purple Leaf Sand Cherry Prunus cistena
Sand Cherry Prunus pumila
Rhododendron Rhododendron species
Lilac Syringa vulgaris
Fragrant Sumac Rhus aromatica
Winged Sumac Rhus copallina
Shinning Sumac Rhus glabra
Staghorn Sumac Rhus typhina
Virginia Rose Rosa virginiana
Pussy Willow Salix discolor
Bladdernut Stapphylea trifolia
Coralberry or Indian Currant Symphoricarpos orbiculatus
Canadian Yew Taxus canadensis
Weeping Hemlock Tsuga Canadensis 'pendula'
Highbush Blueberry Vaccinium corymbosum
Mapleleaf Viburnum Viburnum acerifolium
Arrowwood Viburnum dentatum
Nannyberry Viburnum lentago
Black Haw Viburnum prunifolium
American Highbush Cranberry Viburnum trilobum
Prickly Ash Zanthoxylum americanum

 

(d)

Herbaceous Perennial Plants. Plants suitable for infill, aesthetics, and cover.

Flowering Perennials
(bold indicates native species)

Common Name Scientific Name
Columbine Aquilegia canadensis
Swamp or Marsh Milkweed Asclepias incarnata
Common Milkweed Asclepias syriaca
Butterflyweed Asclepias tuberosa
Smooth Aster Aster laevis
Short's Aster Aster shortii
False Blue Indigo Baptisia australis
Tall Coreopsis Coreopsis tripteris
Larkspur Delphinium tricorne
Purple Coneflower Echinacea purpurea
Spotted-Joe-Pye-Weed Eupatorium maculatum
Wild Geranium Geranium maculatum
Autumn Sneezeweed Helenium autumnale
Stiff or Prairie Sunflower Helianthus pauciflorus
False Sunflower Heliopsis helianthoides
Hosta Hosta species
Violet Lespedeza Lespedeza violacea
Prairie Blazing Star Liatris pycnostachya
Dense Blazing Star Liatrus spicata
Cardinal Flower Lobelia cardinalis
Great Blue Lobelia Lobelia siphilitica
Virginia Bluebells Mertensia virginica
Bergamot or Bee-balm Monarda fistulosa
Purple Prairie Clover Petalostemum purpureum
Blue Phlox Phlox divaricata
Summer Phlox Phlox paniculata
Obedient Plant Physostegia virginiana
Yellow Coneflower Ratibida pinnata
Black-Eyed-Susan Rudbeckia hirta
Green-Headed Coneflower Rudbeckia laciniata
Sweet Coneflower Rudbeckia subtomentosa
Stiff Goldenrod Solidago rigida
Blue-stemed Goldenrod Solidago caesia
Grey Goldenrod Solidago nemoralis
Royal Catchfly Silene regia
Fire Pink Silene virginica
Celandine Poppy Stylophorum diphyllum
Culver's Root Veronicastrum virginicum
Violet Viola sororia

 

Ground Covers
(bold indicates native species)

Common Name Scientific Name
Canada Anemone Anemone canadensis
Wild Ginger Asarum canadense
Palm Sedge Carex muskingumensis
Common Oak Sedge Carex pensylvanica
Green and Gold Chrysogonum virginianum
Running Strawberry Bush Euonymus obovatus
Wild Strawberry Fragaria virginiana
Dwarf Crested Iris Iris cristata
Creeping Phlox Phlox subulata
Partridge Berry Mitchella repens
Wild Stonecrop Sedum ternatum
Foam Flower Tiarella cordifolia

 

Vines
(bold indicates native species)

Common Name Scientific Name
Wooly Douchman's Pipe Aristolochia tomentosa
Crossvine Bignonia capreolata
Trumpet Creeper Campsis radicans
American Bittersweet Celastrus scandens
Virgin's Bower (native clematis) Clematis virginiana
Virginia Creeper Parthenocissus quinquefolia

 

Plants Suitable for Erosion Control
(bold indicates native species)

Common Name Scientific Name
Canada Anemone Anemone canadensis
Wild Ginger Asarum canadense
Canada Milkvetch Astragalus canadensis
Sideoats Grama Bouteloua curtipendula
Roundheaded bushclover Lespedeza capitata
Switch Grass Panicum virgatum
Little Bluestem Schizachyrium scoparium
Coralberry Symphoricarpos orbiculatus
Goat's Rue Tephrosia virginiana
Purple Vetch Vinca americana

 

Ferns
(bold indicates native species)

Common Name Scientific Name
Maidenhair Fern Adiantum pedatum
Lady Fern Athyrium filix-femina
Giant Wood Fern or Goldie's Fern Dryopteris goldiana
Evergreen Shield Fern Dryopteris marginalis
Ostrich Fern Matteuccia struthiopteris
Cinnamon Fern Osmunda cinnamomea
Christmas Fern Polystichum acrostichoides

 

Grasses
(bold indicates native species)

Common Name Scientific Name
Big Bluestem Andropogon gerardii
Side-Oats Gramma Bouteloua curtipendula
Bottlebrush Grass Elymus hystrix
June Grass Koeleria macrantha
Switch Grass Panicum virgatum
Little Bluestem Schizachyrium scoparium
Prarie Dropseed Sporobulus heterolepsis

 

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.059 Exhibit LA-B: Invasive species, species with poor characteristics and noxious or detrimental plants.

Species considered unacceptable and that should not be planted because of invasive characteristics, weak wood, and/or abundant litter.

* = Indiana State-listed noxious weeds (USDA, INDNR, &/or State Seed Commissioner)

+ = Indiana detrimental plants (INDNR)

Unacceptable Plants
Invasive Trees

Common Name Scientific Name
Amur Maple Acer ginnala
Norway Maple Acer platanoides
Tree-of-Heaven Ailanthus altissima
Russian Olive Elaeagnus angustifolia
Autumn Olive Elaeagnus umbellata
White Mulberry Morus alba
European or Common Buckthorn Rhamnus cathartica
Glossy or Smooth Buckthorn Rhamnus frangula
Buckthorn Tallhedge Rhamnus frangula columnaris
Black Locus Robinia pseudoacacia
Siberian Elm Ulmus pumila

 

Trees with Poor Characteristics

Common Name Scientific Name
Box Elder Acer negundo
Silver maple Acer saccharinum
European White Birch Betula pendula
Ash Fraxinus species
Gingko (female only) Gingko biloba
Flowering Crabapple Malus
Cultivars: 'Brandywine', 'Candied Apple', 'Donald Wyman', 'Doubloons', 'Indian Magic', 'Indiana Summer', 'Liset', 'Madonna', 'Mary Potter', 'Prairie Maid', 'Profusion', 'Robinson', 'Selkirk', 'Sentinel', 'Snowdrift', 'Sugar Tyme', 'Velvet Pillar', 'White Cascade', 'White Candle'.
Bradford Pear Pyrus calleryana
American Elm Ulmus Americana

 

Invasive Herbaceous Perennials

Common Name Scientific Name
Wild Garlic and Wild Onion Alliums spp.*
Garlic Mustard Alliaria petiolata
Cornflower or Bachelor's Button Centaurea cyanus
Russian Knapweed Centaurea repens*
Canada Thistle Cirsium arvense*+
Grecian Foxglove Digitalis lanata
Teasel Dipsacus fullonum ssp. Sylvestris
Giant Hogweed Fallopia japonica
Dame's Rocket Hesperis matronalis
Meadow Fleabane or British Yellowhead Inula britannica
Sericea Lespedeza Lespedeza cuneata
Purple Loosestrife Lythrum salicaria*
Sweet Clover Melilotus alba, M. officinalis
Star of Bethlehem Ornithogalum umbellatum
Japanese Knotweed Polygonum cuspidatum
Perennial Sowthistle Sonchus arvensis*

 

Invasive Grasses

Common Name Scientific Name
Quackgrass Agropyron repens*
Smooth Brome Bromus inermis
Tall Fescue Festuca elatior
Perennial Peppergrass Lepidium draba*
Japanese Stilt Grass Microstegium vimineum
Maiden Grass Miscanthus sinensis
Reed Canary Grass Phalaris arundinacea
Common Reed Grass Phragmites australis
Columbus Grass Sorghum almun Parodi*
Shattercane Sorghum bicolor*+
Johnson Grass or Sorghum Almum Sorghum halepense*+

 

Invasive Vines and Groundcovers

Common Name Scientific Name
Oriental Bittersweet Celastrus orbiculatus
Field Bindweed Convolvulus arvensis*
Crown Vetch Coronilla varia
Black Swallow-Wort Cynanchum nigrum, syn. Vincetoxicum nigrum
Pale Swallow-Wort Cynanchum rossicum
Potato vine Dioscorea batatas
Chinese Yam Dioscora oppositifolia
Purple Winter Creeper Euonymus fortunei
Creeping Charlie Glechoma hederacea
English Ivy Hedera helix
Japanese Hops Humulus japonicus
Japanese Honeysuckle Lonicera japonica
Amur Honeysuckle Lonicera maackii
Creeping Jenny or Moneywort Lysimachia nummularia
Mile-A-Minute Weed Polygonum perfoliatum
Kudzu Pueraria montana lobata
Poison Ivy Rhus radicans
Bur Cucumber Sicyos angulatus*+
Periwinkle or Myrtle Vinca minor

 

Invasive Shrubs

Common Name Scientific Name
Black Alder Alnus glutinosa
Japanese Barberry Berberis thunbergii
Butterfly Bush Buddleia davidii
Asiatic Bittersweet Celastrus scandens
Burning Bush Euonymus alatus
Bicolor Lespedeza Lespedeza bicolor
Common Privet Ligustrum vulgare
Bush or Amur Honeysuckle Lonicera maackii
Morrow's Honeysuckle Lonicera morowii
Tatarian Honeysuckle Lonicera tatarica
Multiflora Rose Rosa multiflora*
Japanese Spirea Spiraea japonica
Atlantic Poison Oak Toxicodendron pubescens, syn. Rhus pubescens
Poison Sumac Toxicodendron vernix, syn Rhus vernix
European Highbush Cranberry Viburnum opulus v. opulus

 

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.060 LG-01 (Lighting standards—General).

Purpose. The purpose of the lighting standards is to:

A.

Encourage lighting practices and systems that conserve energy and resources;

B.

Minimize light pollution, glare, and light trespass, while maintaining nighttime safety, security, and enjoyment of property; and

C.

Curtail the degradation of the nighttime visual environment.

This lighting standards section applies to the following zoning districts:

20-05-059a.png

(a)

Conformance with Applicable Codes. All outdoor illuminating devices shall be installed in conformance with the provisions of this title, all applicable building and electrical codes.

(b)

Applicability.

(1)

New Construction. For all new building construction that requires a certificate of zoning compliance, all lighting fixtures shall meet the requirements of this chapter.

(2)

Change in Use. If there is any change in use of the property, the provisions of Chapter 20.05, LG (Lighting Standards) shall apply when the new use commences. Changes in use within multi-tenant centers shall not require the individual tenant or the entire center to comply with the provisions of this chapter.

(3)

Major Modifications of Twenty-Five Percent or More. All site or structure modifications that result in an increase of twenty-five percent or more of the gross floor area, number of dwelling units or number of parking spaces shall cause the requirements of this chapter to apply to the entire property.

(4)

Modification, Replacement or Addition of Outdoor Lighting. Modification, replacement or addition of outdoor lighting fixtures constituting twenty-five percent or more of the permitted lumens for the parcel, no matter the actual amount of lighting already on a site, shall constitute a major modification for purposes of this chapter.

(c)

Interpretation.

(1)

Initial Lumens. For the purposes of this chapter "lumens" means "initial lumens." The acceptability and shielding restrictions applicable to a particular lamp are decided by its initial lumen output, not wattage; check manufacturer's specifications.

(2)

Light Trespass Measurements. Measurements of light readings along any portion of a property line of the subject property shall be taken with a light meter facing the light source at a height of five feet, using any orientation of the light meter.

(d)

Prohibitions and Exemptions.

(1)

Prohibitions.

(A)

Laser Source Light. The use of laser, strobe, and/or flashing source light or any similar high intensity light for outdoor advertising or entertainment is prohibited.

(B)

Searchlights. The operation of searchlights is prohibited except when used by civil authorities for purposes of public safety.

(C)

Towers. Tower lighting shall not be permitted unless required by the Federal Aviation Administration (FAA).

(2)

Exemptions.

(A)

Carnivals and Festivals, Temporary. Lighting for temporary festivals and carnivals is exempt but shall be turned off within thirty minutes of the last event.

(B)

Emergency Lighting. Emergency lighting, used by police, fire fighting, or medical personnel, or at their direction, is exempt from all requirements of this chapter.

(C)

Traffic Control Lighting. Traffic control lighting is exempt from the provisions of this chapter.

(D)

Flags, Lighted. United States, state of Indiana, Monroe County, city of Bloomington, university, college, military, and place of worship flags are exempt from the provisions of this chapter. All other outdoor lighted flags, including, but not limited to, decorative and commercial flags shall conform to the provisions of this chapter.

(E)

Holiday Lighting. Holiday lighting and seasonal decorations using typical unshielded low-intensity incandescent lamps are exempt from the provisions of this chapter.

(F)

Low-intensity Lighting.

(i)

No shielding is required for a light fixture with a bulb rated at two hundred sixty lumens or less.

(ii)

Full shielding is not required for a light fixture with a bulb rated at more than two hundred sixty lumens and less than one thousand lumens when the bulbs are installed inside frosted glass or other translucent covers and shielded on top.

(iii)

The total lumens of bulbs specified in subsections (d)(2)(F)(i) and (d)(2)(F)(ii) above, when not motion detector activated, shall not exceed two thousand lumens per building, or one thousand lumens per exterior entryway, whichever is less.

(G)

Swimming Pool and Fountain Lighting. Underwater lighting used for the illumination of swimming pools and fountains is exempt from the lamp type and shielding standards provided herein, though it must conform to all other provisions of this chapter.

(e)

General Design Standards and Outdoor Lighting Standards.

(1)

Light Trespass. All lighting fixtures shall be installed so as to not cause light trespass beyond the property boundary. Light trespass from any property shall not exceed the following:

(A)

Thirty luces at any location on the property line of any parcel either zoned or used for nonresidential purposes; and

(B)

Ten luces at any location on the property line of any parcel either zoned or used for residential purposes.

(2)

Glare. All lighting fixtures shall be installed so as not to cause glare at or beyond the property line, or be aimed toward traffic.

(A)

Shielding.

(i)

All lighting fixtures shall be fully shielded, except as specified otherwise herein.

(ii)

All lighting fixtures shall be full cutoff type as installed, except as specified otherwise herein.

20-05-059b.png

(iii)

All lighting fixtures that are required to be shielded shall be installed and maintained in such a manner that ensures their continued compliance with all standards for shielded fixtures as specified in this chapter.

(iv)

A lighting fixture may beam light upward, if all such upward light is reflected back down by a canopy, roof, or other such structure.

(v)

All lamps emitting one thousand lumens or more, except motion detector-activated lighting, must be fully shielded to an observer at the property line.

(B)

Floodlights and Spotlights.

(i)

Floodlights and spotlights must be fully shielded when the source is visible from any property either zoned or used for residential purposes or any public right-of-way.

(ii)

The centerline beam of a floodlight or spotlight shall be aimed no higher than forty-five degrees above vertical; however, light fixtures that cast illumination over more than ninety degrees shall be aimed such that no light shall be cast above the horizontal.

(3)

Landscape Lighting.

(A)

When planting materials are lighted, high-pressure sodium lamps and low-intensity incandescent lamps shall not be used.

(B)

Lighting of any tree protection area or conservation easement is prohibited.

(4)

Security Lighting. Full shielding is not required for motion detector activated lighting of less than one thousand eight hundred lumens, provided the light cycles off no more than ten minutes after coming on.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.061 LG-02 (Lighting standards—Multifamily residential).

This lighting standards section applies to the following districts:

20-05-060.png

(a)

A parcel occupied by a multifamily dwelling shall not be illuminated by more than six thousand lumens per primary structure, including a maximum of two thousand lumens per building entryway of any combination of motion detector activated lighting and bulbs rated at no more than one thousand lumens.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.062 LG-03 (Lighting standards—Nonresidential).

This lighting standards section applies to the following districts:

20-05-061.png

(a)

Nonresidential Districts Adjacent to Residential Districts.

(1)

Nonresidential uses bordered by any residentially zoned parcel shall be allowed a total light output of not more than forty thousand lumens per acre. Provided, regardless of parcel size, the allotment shall be sufficient to provide a maximum of two thousand five hundred lumens per entryway with motion detector activated lighting counted as one-half lumens.

(b)

Use-Specific Conditions.

(1)

Canopies, Pavilions, or Drive-Through Bays.

(A)

Illuminance. The canopy, pavilion, or drive-through bay shall be designed to achieve no greater than the minimal illuminance level of a service station pump island as recommended by the Illuminating Engineering Society of North America (IESNA RP-33: Lighting for Exterior Environments).

(B)

Shielding. All light fixtures mounted on or recessed into the lower surface of canopies, pavilions, or drive-through bays shall be full cutoff, fully shielded and utilize flat lenses.

(2)

Outdoor Recreational Facilities.

(A)

Illuminance. All lighting installations shall be designed to achieve no greater than the minimal illuminance levels for the activity as recommended by the Illuminating Engineering Society of North America (IESNA RP-6: Sports and Recreational Area Lighting).

(B)

Light Trespass. The installation shall limit light trespass as follows:

(i)

Fifty luces at any location on the property line of any parcel zoned for nonresidential purposes; and

(ii)

Twenty luces at any location on the property line of any parcel zoned for residential purposes.

(C)

Restriction. Field lighting for all outdoor recreational facilities shall be turned off within thirty minutes after the completion of the last event of the night.

(3)

Parking Lots and Outdoor Display Lots or Areas.

(A)

Illuminance. The parking lot shall be designed to achieve no greater than the minimal illuminance levels for the given land use as recommended by the Illuminating Engineering Society of North America (IESNA RP-33: Lighting for Exterior Environments). However, a parking lot shall also be designed to achieve a minimum illuminance level of one lux.

(B)

Curfew. Lighting for outdoor display lots and parking lots with more than twenty parking spaces shall be reduced by half no later than eleven p.m., or within thirty minutes after closing of the business, whichever is later.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.063 LD-01 (Loading standards).

This loading standards section applies to the following zoning districts:

20-05-062.png

(a)

Loading berths shall be located at the rear of a structure.

(b)

Loading berths shall be paved with asphalt or concrete.

(c)

Loading berths shall be effectively screened from view from adjacent public streets and residential uses by solid building walls, constructed of similar building materials as the primary structure and not less than six feet in height.

(d)

The design of loading berth areas shall prevent any portion of any vehicle using the loading facility from projecting into a public right-of-way.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.064 MS-01 (Municipal services—General).

This municipal services standards section applies to the following zoning districts:

20-05-063.png

(a)

Sewer and Water.

(1)

Municipal sewer and water hookup is required for all developments except for instances where written approvals by the city utilities department and the county health department grant an exception to the hookup requirement.

(2)

All sewer and water facilities shall meet the design specifications of the city utilities department.

(b)

Dry Hydrants. Any development that incorporates a retention pond with a standing pool of water of at least ten thousand cubic feet in volume shall provide a dry hydrant that meets the specifications of the National Fire Protection Association (NFPA) Standard on Water Supplies for Suburban and Rural Fire Fighting, NFPA 1142 Chapter 9 (2001 Edition), or any subsequent amendment thereto.

(c)

Bloomington Digital Underground. Any new development that includes the construction of a new or widened public street shall be required to install underground telecommunications conduit to extend the city's fiber optic network, known as the Bloomington Digital Underground (BDU). Conduit installation shall be in accordance with BDU specifications and permit requirements of the city of Bloomington. This requirement may be waived by the planning and transportation director if the city's director of information and technology services determines that the new conduit is not necessary.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009; Ord. No. 14-12, § 5, 7-9-2014)

20.05.065 OT-01 (Outdoor storage standards—Storage and parking of vehicles).

This outdoor storage standards section applies to the following zoning districts:

20-05-064.png

(a)

Vehicles and trailers shall not be stored or parked on an unimproved surface.

(b)

Stored or parked vehicles shall not block, impede, or otherwise encroach upon a sidewalk.

(c)

Stored or parked vehicles shall not be used for other purposes, including, but not limited to, living quarters, or storage of materials.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.066 OT-02 (Outdoor storage standards—Miscellaneous).

This outdoor storage standards section applies to the following zoning districts:

20-05-065.png

(a)

Outdoor storage of equipment, materials, waste or scrap materials, pallets and like materials is prohibited.

(b)

Shipping containers, cargo containers, portable on-demand storage units and the like, shall only be permitted if they are providing storage for construction projects or are in the process of being loaded or unloaded, the duration of which can be no more than seventy-two hours.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.067 OT-03 (Outdoor storage standards—Trash receptacles).

This outdoor storage standards section applies to the following zoning districts:

20-05-066.png

(a)

Outdoor trash receptacles, dumpsters, compactors and similar containers shall be placed on a paved slab.

(b)

Outdoor trash receptacles, dumpsters, compactors and similar containers shall be effectively screened on all sides by a fence or wall that is constructed of wood, brick, stone, chain link with opaque slats, or exterior building materials similar to those used on the primary structure. At least one side of such fence or wall shall incorporate a movable gate for access.

(c)

The height of the enclosure shall be a minimum of six feet, and shall be high enough to ensure that the contents of the enclosure are not visible from adjacent parcels or public rights-of-way.

(d)

Outdoor trash receptacle or dumpster, compactor, and similar container enclosures shall meet the setback requirements in this chapter.

(e)

Screened outdoor storage facilities shall be adequately protected from damage by vehicles through the installation of bollards and shall be properly maintained and kept in good repair at all times.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.068 OT-04 (Outdoor storage standards—Outdoor merchandising).

This outdoor storage standards section applies to the following zoning districts:

20-05-067.png

(a)

Outdoor display of merchandise for sale is permissible provided that the following criteria are met:

(1)

All outdoor display of merchandise shall be contained on an improved surface such as asphalt, concrete, or pavers. Use of display area shall not block handicapped parking areas, parking lot access aisles, or sidewalk areas.

(2)

Parking spaces shall not be displaced below minimum code requirements.

(3)

No more than five percent of existing parking spaces shall be utilized for the display or storage of merchandise.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.069 OT-05 (Outdoor storage standards—Miscellaneous).

This outdoor storage standards section applies to the following zoning districts:

20-05-068.png

(a)

Outdoor storage of equipment, materials, waste or scrap materials, pallets and like materials shall be effectively screened on all sides with a minimum six-foot privacy fence or wall and meet the applicable fence and wall standards in this chapter.

(b)

Additional landscaping screening requirements are as follows:

(1)

One evergreen shrub reaching a height of at least six feet at maturity shall be planted for every eight feet of fencing facing adjacent parcels or public rights-of-way.

(2)

The shrubs required per subsection (b)(1) of this section shall be planted along the outside of the fence, no closer than three feet from the fence or any impervious surfaces and shall meet the applicable landscaping requirements found in Chapter 20.05, LA (Landscaping Standards).

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.070 PK-01 (Parking standards—General).

Purpose. To provide adequate on-site parking for developments, minimize any detrimental effects of on-site parking areas on adjacent properties, and ensure the proper and uniform development of parking areas throughout the city. On-site parking and loading spaces for every use shall be provided in accordance with the standards established in this section. Further, parking areas shall be designed to:

A.

Minimize dangerous traffic movements;

B.

Achieve efficient traffic flow in accordance with standards in the Institute of Traffic Engineers (ITE) Transportation and Traffic Engineering Handbook and the master thoroughfare plan; and

C.

Conform to the applicable parking requirements and provide for the optimum number of parking spaces, while maintaining design standards and preserving green space.

This parking standards section applies to the following zoning districts:

20-05-069a.png

(a)

Maximum Number of Parking Spaces Permitted.

(1)

Maximum Number of Parking Spaces Permitted.

(A)

Unless specifically stated otherwise in the unified development ordinance, the number of on-site parking spaces shall be as specified in Section 20.05.075; Exhibit PK-A: Maximum Number of Parking Spaces Permitted by Land Use.

(2)

Exceptions. The parking ratios contained in Section 20.05.075; Exhibit PK-A shall be considered minimum parking requirements for the following uses:

(A)

Single family residential uses;

(B)

Multifamily residential units located within or adjacent to the residential core (RC) zoning district and multifamily residential units located within the commercial downtown (CD) zoning district.

(i)

For sites where fifteen or fewer parking spaces are required by this ordinance, a maximum of four additional parking spaces above the minimum requirement may be provided.

(ii)

For sites where sixteen or more parking spaces are required by this ordinance, additional parking spaces may be provided up to a maximum of fifteen percent above the minimum requirement.

(3)

Display Vehicles. Parking spaces for vehicles that are specifically displayed for purchase or rental shall not be included in the calculation of maximum parking requirements.

(b)

Parking for the Disabled.

(1)

Accessible spaces shall be provided per the specifications of the Americans with Disabilities Act (ADA), the Fair Housing Act (FHA), and the Indiana Building Code (IBC).

(2)

Each accessible space shall be located adjacent to an access aisle and in proximity to the building entrance most accessible for the disabled.

(3)

All accessible spaces shall be striped and have vertical signs identifying them as accessible spaces.

(c)

Multifamily Parking. Multifamily developments may utilize garages with individual driveways accessing the street provided that the street being accessed is designated a secondary collector or lower by the master thoroughfare plan, or is a private street.

(d)

Minimum Dimensions. Perpendicular and angled parking spaces shall be designed to provide a parking area that is a minimum of nine feet wide by eighteen feet long. Parallel parking spaces shall be designed to provide a parking area that is a minimum of eight feet wide by twenty-two feet long, except for end spaces, which may be a minimum of twenty feet in length where no obstruction exists. Except in the case of single-family detached or attached residential uses, all parking spaces shall be striped to clearly mark each space.

(e)

Location.

(1)

Rights-of-way. On-site parking spaces shall not be located within public rights-of-way.

(2)

Shared Parking Facilities.

(A)

Authorization. In those situations where a minimum number of parking spaces is required, the owners of two or more properties may join together to provide the required parking spaces for their respective uses. Upon request by the owners and after review of the request by the planning and transportation director, the planning and transportation director may authorize the shared use of parking facilities under the following conditions:

(i)

Minimum. In a shared parking arrangement, each property shall provide a minimum of sixty percent of the individual parking requirements. In no case shall the total combined parking spaces be less than one hundred twenty percent of the greater individual parking requirement.

(ii)

Proximity. Any property utilizing shared parking facilities shall be located within three hundred feet of such parking facility, using established sidewalks and crosswalks where available.

(B)

Shared Parking Agreement. The property owner seeking leased spaces shall provide a recordable zoning commitment to the planning and transportation department stating that in the case where leased spaces are no longer available, that an adequate parking alternative will be provided.

(f)

Stacked Parking. Stacked parking arrangements are permitted.

(g)

Use of Parking Spaces.

(1)

Exclusive Use. Unless a shared parking agreement has been established in accordance with the requirements of subsection (e)(2), Shared Parking Facilities, of this section, required on-site parking spaces shall be designed, maintained and used exclusively for the tenants, occupants and customers of the buildings or uses on the site.

(2)

Storage of Vehicles or Equipment. Parking lots and spaces, including both required and excess parking spaces, shall not be used for storing vehicles that are not used in conjunction with the primary use of the lot.

(3)

Motor Vehicle Repair. Motor vehicle repair work in parking areas shall be permitted in residential districts, provided that the vehicle under repair is owned by the occupant of the residential property; the frequency, duration and scope of such use is reasonable and customary as accessory to the residential use; and no business is being conducted in conjunction with such repair use. Motor vehicle repair work in parking areas, including both required and excess parking spaces, shall be prohibited in all other zoning districts.

(h)

Parking of Nuisance Vehicles.

(1)

Vehicles and Trailers. The parking of any vehicle or trailer of any type without current license plates or in an inoperable condition shall be prohibited unless completely enclosed within a building or within an approved salvage/scrap yard.

(2)

Storage, Occupancy, or Similar Uses. Vehicles, campers or tractor/trailers of any type shall not be used for the purpose of storage, occupancy, or similar use.

(3)

Motor Vehicle Repair. A maximum of three wrecked or inoperable vehicles awaiting repair may be stored on-site at one time. No such vehicle shall be stored on-site in excess of thirty days.

(i)

Parking Aisles.

(1)

Widths. Parking aisle widths shall be as follows:

(A)

Parallel Spaces.

(i)

One-way: twelve-foot wide aisle;

(ii)

Two-way: twenty-two-foot wide aisle.

(B)

One Degree—Forty-Five Degrees Angle Space.

(i)

One-way: twelve-foot wide aisle;

(ii)

Two-way: twenty-two-foot wide aisle.

20-05-069b.png

(C)

Greater Than Forty-Five Degrees—Sixty Degrees Angle Space.

(i)

One-way: fifteen-foot wide aisle;

(ii)

Two-way: twenty-two foot wide aisle.

20-05-069c.png

(D)

Sixty Degrees—Ninety Degrees Angle Space.

(i)

One-way: eighteen foot wide aisle;

(ii)

Two-way: twenty-four foot wide aisle.

20-05-069d.png

(2)

All parking aisles shall terminate with a bump-out for turnaround maneuverability.

(3)

All driving lanes and parking aisles in parking lots shall be clearly striped or shall be curbed.

(j)

Back-out Parking. Unless specifically stated otherwise in the Unified Development Ordinance, all on-site parking areas shall be designed to prevent vehicles from backing onto public streets.

(k)

Back-out Parking Waiver. Back-out parking within the required side or rear setback may be allowed onto adjacent alleys subject to the following standards:

(1)

The lot in question does not exceed twenty thousand square feet in area;

(2)

A maximum of eight back-out parking spaces are permitted per site; and

(3)

Parking shall directly access an improved alley.

(l)

Stormwater Drainage.

(1)

Parking lots shall be constructed such that all surface water is directed into a stormwater drainage system.

(2)

Water draining from a parking lot shall not flow across a sidewalk.

(3)

Stormwater drainage plans for off-street parking lots shall be reviewed and approved by the city utilities department.

(4)

All parking lots, excluding drives that do not afford direct access to abutting parking spaces, shall have a slope of five percent or less.

(m)

Surface Material.

(1)

Unless specifically stated otherwise in the Unified Development Ordinance, all areas used for parking shall be asphalt, concrete, or other approved material.

(2)

For all new parking lots of sixteen spaces or greater, the following best management practices shall be used to improve stormwater infiltration and water quality:

(A)

Permeable pavement materials. If such materials are the only practice employed from this list, then they must cover at least twenty-five percent of the total parking lot area; or

(B)

Treatments such as rain gardens, bioretention basins, or vegetated swales designed to the specifications of City of Bloomington Utilities; or

(C)

Other combinations of best management practices subject to approval by the City of Bloomington Planning and Transportation and Utilities Departments.

(3)

Areas utilizing permeable parking pavers shall not count towards impervious surface calculations.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009; Ord. No. 14-12, §§ 3, 5, 7-9-2014)

20.05.071 PK-02 (Parking standards—Residential).

This parking standards section applies to the following zoning districts:

20-05-070.png

(a)

Parking spaces required for single-family residential uses shall be located on the same lot as the residence.

(b)

Parking shall be prohibited within the setback between the street and the building except on a driveway that meets the provisions of this chapter.

(c)

Back-out Parking. Parking shall be permitted to directly back-out onto a public street or alley for single-family uses in these zoning districts. However, back-out parking onto any arterial street is prohibited.

(d)

Stacked Parking. Stacked parking shall be permitted for single-family uses in these zoning districts.

(e)

Surface Material.

(1)

Driveways and parking area shall utilize a dustless, hard surface of concrete, asphalt, brick pavers, crushed stone, permeable pavement, or comparable material. Crushed stone parking surfaces shall be contained within a raised, permanent border.

(2)

Under no circumstances shall dirt, sand or grass be permitted as a parking surface material.

(3)

All new driveway aprons onto a street shall be surfaced with concrete. Enlargement or modification of an existing driveway shall require the driveway apron to be surfaced with asphalt or concrete.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.072 PK-03 (Parking standards—Core residential).

This parking standards section applies to the following zoning districts:

20-05-071.png

(a)

Location.

(1)

The parking spaces required for single-family residential uses shall be located on the same lot as the residence.

(2)

Parking for single-family residential uses shall be prohibited within the setback between the street and the building except on a single drive not exceeding eighteen feet in width.

(3)

In cases where the side or rear setback area is accessible via an improved alley, no front yard drive or parking shall be permitted. The required parking area shall directly access the alley and be limited to twenty feet in depth and twenty feet in width. Any necessary determination concerning whether an alley allows for safe access shall be made by the city planning and transportation department.

(4)

Parking spaces that allow users to back out onto a public or private street shall be permitted, except onto those streets classified as arterial streets by the master thoroughfare plan.

(b)

Surface.

(1)

Parking spaces shall utilize a dustless, hard surface of concrete, asphalt, crushed stone, or comparable material. Crushed stone parking surfaces shall be contained within a raised, permanent border.

(2)

Under no circumstances shall stone, rock, dirt, sand or grass be permitted as parking areas.

(3)

All new driveway aprons onto a street shall be surfaced with concrete. Enlargement or modification of an existing driveway shall require the driveway apron to be surfaced with asphalt or concrete.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009; Ord. No. 14-12, § 10, 7-9-2014)

20.05.073 PK-04 (Parking standards—Manufactured/mobile home park residential).

This parking standards section applies to the following zoning districts:

20-05-072.png

(a)

Location.

(1)

Required parking shall be located on the dwelling site.

(b)

Surface Material.

(1)

Parking spaces shall utilize a dustless, hard surface of concrete, asphalt, brick pavers, or the like.

(2)

Under no circumstances shall crushed stone, stone, rock, dirt, sand, or grass be permitted as a parking surface.

(3)

All new driveway aprons onto a street shall be surfaced with concrete. Enlargement or modification of an existing driveway shall require the driveway apron to be surfaced with asphalt or concrete.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.074 PK-05 (Parking standards—Commercial downtown).

This parking standards section applies to the following zoning districts:

20-05-073.png

(a)

Number of Parking Spaces. Parking requirements for all uses shall be as defined in the applicable overlay district in Chapter 20.03: Overlay Districts.

(b)

Surface Material.

(1)

Parking spaces shall utilize a dustless, hard surface of concrete, asphalt, or comparable materials.

(2)

Under no circumstances shall crushed stone, stone, rock, dirt, sand, or grass be permitted as a parking surface.

(3)

All new driveway aprons onto a street shall be surfaced with concrete. Enlargement or modification of an existing driveway shall require the driveway apron to be surfaced with asphalt or concrete.

(c)

Back-out Parking Waiver. Back-out parking within the required side or rear setback may be allowed onto adjacent alleys subject to the following standards:

(1)

The lot in question does not exceed twenty thousand square feet in area;

(2)

A maximum of eight back-out parking spaces are permitted per site; and

(3)

Parking shall directly access an improved alley.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.075 Exhibit PK-A (Maximum number of permitted parking spaces by land use.)

Amusements, indoor 1 space per 250 sq. ft. GFA
Amusements, outdoor 1 space per 400 sq. ft. of site area accessible to the public
Antique sales 1 space per 400 sq. ft. GFA
Apparel and shoe sales 1 space per 250 sq. ft. GFA
Art gallery 1 space per 300 sq. ft. GFA
Arts/craft/hobby store 1 space per 300 sq. ft. GFA
Assisted living facility 1 space per employee on the largest shift plus 1 space per 3 residential units
Auto body shop 1 space per employee on the largest shift plus 2 spaces per repair bay
Auto parts sales 1 space per 300 sq. ft. GFA
Bank/credit union 1 space per 250 sq. ft. GFA
Banquet hall 1 space per 250 sq. ft. GFA
Bar/dance club 1 space per 250 sq. ft. GFA
Barber/beauty shop 2 spaces per operator station
Bed and breakfast Per single-family standard plus 1 space per guest room
Billiard/arcade room 1 space per 250 sq. ft. GFA
Boat sales 1 space per 1,500 sq. ft. indoor and outdoor display area
Bookstore 1 space per 200 sq. ft. GFA
Bottled gas storage/distribution 1 space per employee on the largest shift
Bowling alley 3 spaces per bowling lane
Brewpub 1 space per 200 sq. ft. GFA of tavern/restaurant space plus 1 space per employee on the largest shift of brewery
Building supply store 1 space per 500 sq. ft. GFA
Building trade shop 1 space per employee on the largest shift
Business/professional office 1 space per 300 sq. ft. GFA
Car wash, full service 1 space per employee on the largest shift plus 8 stacking spaces per washing bay
Car wash, self service 4 stacking spaces per washing bay
Cellular phone/pager services 1 space per 250 sq. ft. GFA
Cemetery/mausoleum 1 space per 50 grave sites
Check cashing 1 space per 300 sq. ft. GFA
Coin laundry 1 space per 3 washing machines
Communication facility 1 space
Community center 1 space per 300 sq. ft. GFA
Computer sales 1 space per 300 sq. ft. GFA
Convenience store (with gas pumps) 1 space per employee on the largest shift plus 1 spaces per double-sided pump; 1 space per 3 restaurant seats; 1 space per 1,000 sq. ft. GFA of convenience store space
Convenience store (without gas pumps) 1 space per employee on the largest shift plus 1 space per 3 restaurant seats and 1 space per 500 sq. ft. GFA of convenience store space
Copy center 1 space per 300 sq. ft. GFA
Country club 3 spaces per golf hole plus 1 space per 300 sq. ft. GFA customer seating area in an accessory restaurant or bar use
Crematory 1 space per employee on the largest shift plus 3 visitor spaces
Day-care center, adult/child 1 space per 4 persons of licensed capacity
Day-care home, adult/child Per single-family standard
Department store 1 space per 200 sq. ft. GFA
Distribution facility 1 space per employee on the largest shift
Drive-through 5 stacking spaces per drive-through window
Drugstore 1 space per 250 sq. ft. GFA
Dry-cleaning service 1 space per employee on the largest shift plus 1 space per 300 sq. ft. accessible to the public
Dwelling, mobile home 2 spaces per dwelling unit
Dwelling, multifamily 1 space per bedroom
Dwelling, single-family 2 spaces per dwelling unit
Equipment/party/event rental (indoor) 1 space per 500 sq. ft. of building space
Equipment/party/event rental (outdoor) 1 space per 500 sq. ft. of building space, plus 1 space per 3,000 sq. ft. of outdoor storage
Fitness center/gym 1 space per 300 sq. ft. GFA
Fitness/training studio 1 space per 400 sq. ft. GFA
Flower shop 1 space per 300 sq. ft. GFA
Food production/processing 1 space per employee on the largest shift
Fraternity house/sorority house 0.8 spaces per bedroom
Furniture store 1 space per 500 sq. ft. GFA
Garden shop 1 space per 400 sq. ft. GFA
Gift shop/boutique 1 space per 400 sq. ft. GFA
Golf course 2 spaces per golf hole
Golf driving range, outdoor 1 space per tee box
Government office 1 space per 300 sq. ft. GFA
Government operations (non-office) 1 space per employee on the largest shift
Gravel/sand/cement production 1 space per employee on the largest shift
Grocery/supermarket 1 space per 200 sq. ft. GFA
Group care home for developmentally disabled/mentally ill 1 space per employee
Group/residential care home 1 space per employee on the largest shift plus 1 space per 6 persons maximum occupancy
Hardware store 1 space per 300 sq. ft. GFA
Health spa 2 spaces per spa suite
Heavy equipment sales/rental 1 space per 2,000 sq. ft. indoor and outdoor display area
Home electronics/appliance sales 1 space per 250 sq. ft. GFA
Homeless shelter 1 space per employee on the largest shift plus 1 space per 30 beds
Hospital 1.5 spaces per bed
Hotel/motel 1 space per lodging unit
Impound vehicle storage 1 space per employee on the largest shift
Jail 1 space per employee on the largest shift plus 1 visitor space per 8 cells
Jewelry store 1 space per 300 sq. ft. GFA
Juvenile detention facility 1 space per employee on the largest shift plus 1 visitor space per 10 beds
Kennel 1 space per employee on the largest shift, plus 1 space per 500 sq. ft. GFA
Library 1 space per 500 sq. ft. GFA
License branch 1 space per 300 sq. ft. GFA
Liquor and tobacco sales 1 space per 250 sq. ft. GFA
Lodge 1 space per 250 sq. ft. GFA
Manufactured home park 2 spaces per unit plus 1 visitor space per 2 units
Manufactured housing sales 1 space per 2,000 sq. ft. indoor and outdoor display area
Manufacturing, heavy/light 1 space per employee on largest shift
Medical care clinic, immediate 1 space per 300 sq. ft. GFA
Medical clinic 1 space per 300 sq. ft. GFA
Miniature golf 1 space per golf hole
Mini-warehouse facility 1 space per employee on largest shift plus 1 space per 25 storage units
Mini-warehouse facility 1 space per employee on largest shift plus 1 space per 25 storage units
Mortuary 1 space per 4 chapel or parlor seats
Multi-tenant nonresidential center
Less than 100,000 sq. ft. GFA 1 space per 250 sq. ft. GFA
100,000 sq. ft. GFA or greater 1 space per 300 sq. ft. GFA
Museum 1 space per 300 sq. ft. GFA
Musical instrument sales 1 space per 250 sq. ft. GFA
Music/media sales 1 space per 250 sq. ft. GFA
Nursing/convalescent home 1 space per employee on the largest shift plus 1 space per 4 person maximum occupancy
Office supply sales 1 space per 250 sq. ft. GFA
Oil change facility 1 space per employee on the largest shift plus 2 stacking spaces per bay
Orchard/tree farm 0.75 spaces per employee on the largest shift plus 1 space per 500 sq. ft. GFA of retail sales
Outdoor storage 1 space per 2,000 square feet of storage area
Outpatient care facility 1 space per 250 sq. ft. GFA
Park 5 spaces per acre
Pawn shop 1 space per 300 sq. ft. GFA
Pet grooming 1 space per 400 sq. ft. GFA
Pet store 1 space per 250 sq. ft. GFA
Photographic studio 1 space per 400 sq. ft. GFA
Place of worship 1 space per 4 fixed seats or 1 space per 50 square feet of seating area in sanctuary, whichever results in the greater number of spaces
Plant nursery/greenhouse 0.75 spaces per employee on the largest shift plus 1 space per 500 sq. ft. GFA of retail sales
Police, fire or rescue station 1 space per employee on the largest shift
Post office 1 space per employee on the largest shift plus 1 per 200 sq. ft. GFA accessible to the public
Print shop 1 space per employee on the largest shift
Prison 1 space per employee on the largest shift plus 1 visitor space per 15 cells
Quarry 1 space per employee on the largest shift
Radio/TV station 1 space per employee on the largest shift plus 1 visitor space per 3 employees
Recreation center 1 space per 250 sq. ft. GFA
Rehabilitation clinic 1 space per employee on the largest shift plus 1 space per 2 client capacity
Research center 1 space per employee on the largest shift plus 1 visitor space per 10 employees
Restaurant
Under 5,000 sq. ft. GFA: 1 space per 200 sq. ft. GFA
5,000 sq. ft. GFA or greater 1 space per 100 sq. ft. GFA
Restaurant, limited service 1 space per 300 sq. ft. GFA customer seating area
Retail, low intensity 1 space per 300 sq. ft. GFA
Retail, outdoor 1 space per 500 sq. ft. of outdoor display area
Rooming house 2 spaces plus 1 space for each room for rent
Salvage/scrap yard 1 space per employee on the largest shift
School, business/trade 1 space per employee plus 1 space per two students maximum capacity
School, college/university 1 space per two employees plus 1 space per 4 students maximum capacity
School, preschool 1 space per employee plus 1 space per 6 students
School, primary/secondary 1 space per employee plus 1 space per 10 students maximum capacity
Sexually oriented business 1 space per 200 sq. ft. GFA
Shoe repair 1 space per 400 sq. ft. GFA
Skating rink 1 space per 200 sq. ft. GFA
Social services 1 space per 250 sq. ft. GFA
Sporting goods sales 1 space per 250 sq. ft. GFA
Stone processing 1 space per employee on the largest shift
Storage tanks 1 space per employee on the largest shift
Tailor/seamstress shop 1 space per 400 sq. ft. GFA
Tanning salon 1 space per 250 sq. ft. GFA
Tattoo/piercing parlor 1 space per 300 sq. ft. GFA
Testing lab 1 space per employee on the largest shift plus 1 visitor space per 10 employees
Theater, drive-in 1 space per vehicle maximum capacity
Theater, indoor 1 space per 4 seats
Tool and dye shop 1 space per employee on the largest shift
Transportation terminal 1 space per employee on largest shift plus 1 space per 400 sq. ft. GFA
Utility substation and transmission facility 2 spaces
Vehicle accessory installation 1 space per employee on the largest shift plus 2 spaces per bay
Vehicle repair 1 space per employee on the largest shift plus 2 spaces per bay
Vehicle sales/rental 1 space per 1,000 sq. ft. GFA indoor display area
Veterinary clinic 1 space per 300 sq. ft. GFA
Video rental 1 space per 200 sq. ft. GFA
Warehouse 1 space per employee on the largest shift
Welding 1 space per employee on the largest shift

 

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.076 PI-01 (Public improvement standards—General).

This public improvement standards section applies to the following zoning districts:

20-05-075.png

(a)

Compliance with the Regulations. Developments shall be permitted only if the required on-street public streets, drainage facilities, and utilities are in compliance with the standards outlined in Chapter 20.07, Design Standards, the city planning and transportation department standards and any applicable specifications referenced in the city utilities department rules, regulations, and standards of service.

(b)

Interpretation of Public Improvement Standards. The planning and transportation department or city utilities department shall be responsible for making determinations regarding necessary street, drainage, and utility improvements, subject to their respective jurisdictions.

(c)

Financial Guarantees. When public improvements are required, the petitioner or authorized representative shall post performance and maintenance guarantees for such improvements. Such financial guarantees shall be submitted, reviewed, and approved per Chapter 20.09, Surety Standards.

(d)

Private Streets. All private streets shall be constructed to the public street standards set forth in Chapter 20.07, Design Standards and the city planning and transportation department standards.

(e)

Street Connectivity. Public and private streets shall adhere to the connectivity requirements as set forth in Chapter 20.07, Design Standards.

(f)

Street Names. The names of all new public and private streets are subject to approval by the city planning and transportation department in compliance with Emergency-911 street naming procedures and Chapter 20.07, SN (Street Name Standards).

(g)

Manufactured or Mobile Home Park. Manufactured or mobile home park infrastructure shall be installed in accordance with Indiana Code 16-41-27-1 et seq., Rule 410 IAC 6-6 and their subsequent amendments, the State Board of Health requirements, and the requirements of this title.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009; Ord. No. 14-12, §§ 3, 10, 21, 7-9-2014)

20.05.077 SB-01 (Setback standards—General).

This setback standards section applies to the following zoning districts:

20-05-076.png

(a)

The following setback standards shall supplement the setback requirements for individual zoning districts provided in Chapter 20.02, Zoning Districts.

(1)

For private streets, setbacks shall be measured from the edge of the curb or easement, whichever distance is greater.

(2)

Where existing right-of-way is wider than that proposed on the master thoroughfare plan, the setback shall be measured from the existing right-of-way.

(3)

For lots of record with no street frontage, a minimum building setback of ten feet is required from the property line where access is gained.

(b)

The following site feature setback requirements or exemptions shall apply:

(1)

Building Features.

(A)

Air conditioners (ground): may encroach up to five feet into the setback if screened by a fence, wall, or appropriate landscaping.

(B)

Air conditioners (window): may encroach up to thirty inches into the setback.

(C)

Architectural features: architectural features that extend eighteen inches or less from the building are exempt from applicable setback requirements.

(D)

Awnings: may encroach up to six feet into the setback.

(E)

Balconies: may encroach up to six feet into the setback.

(F)

Bay windows: may encroach up to three feet into the setback.

(G)

Canopies: may encroach up to six feet into the setback.

(H)

Chimneys: may encroach up to three feet into the setback.

(I)

Decks: may encroach up to six feet into the side or rear setback provided that no deck is closer than two feet to a side property line.

(J)

Dumpster or outdoor trash receptacles: shall not be located within the front setback and shall be five feet from side and rear property lines, except that:

(i)

Side and rear locations adjacent to alleyways are exempt;

(ii)

Side and rear locations adjacent to single-family residential districts shall have a twenty-five foot setback from the respective property lines.

(K)

Eaves: eaves may encroach up to three feet into the setback.

(L)

Fire Escapes. may encroach up to six feet into side and rear setbacks.

(M)

Patios: may encroach up to six feet into the setback.

(N)

Porches (uncovered, open): may encroach up to six feet into the setback.

(O)

Steps: may encroach up to six feet into the setback.

(2)

Site Features.

(A)

Clothes lines/poles: shall be located no closer than thirty-five feet from the front property line and five feet from the side and rear property lines.

(B)

Detached garages and carports: shall be located at least ten feet behind the primary structure's front facade and five feet from side and rear property lines.

(C)

Flagpoles: shall be located no closer than twelve feet from the front property line and one foot from the side and rear property lines.

(D)

Handicap ramps: are exempt from setback requirements.

(E)

Playhouses: shall be located no closer than thirty-five feet to the front property line and shall be located no closer than five feet to the side and rear property lines.

(F)

Pool and pool equipment: shall be located no closer than thirty-five feet to the front property line and five feet to side and rear property lines.

(G)

Recreational equipment. Shall be located no closer than thirty-five feet to the front property line and shall be located no closer than five feet to the side and rear property lines.

(H)

Satellite dishes: may encroach up to five feet into the front setback and shall be located no closer than one foot to the side and rear property lines.

(I)

Storage sheds: shall be located no closer than thirty-five feet from the front property line and five feet to side and rear property lines.

(J)

Underground safety shelters (located completely underground): shall be located no closer than thirty-five feet to the front property line and five feet to the side and rear property lines.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.078 SX-01 (Sexually oriented businesses—General).

Purpose. Within the city it is acknowledged that there are some uses, often referred to as sexually oriented businesses, which because of their nature can have a negative impact on nearby property, particularly when these sexually oriented businesses are concentrated together or located in direct proximity to residential uses, child care centers, churches, cemeteries, schools, libraries, playgrounds, and/or parks. Special regulations for these sexually oriented businesses are necessary to insure that these adverse impacts will not contribute to the blighting of surrounding areas. The primary goal of these regulations is to prevent the concentration or location of these uses in a manner that would exacerbate their adverse effects.

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

20-05-077.png

(a)

Location. A sexually oriented business shall not be located on a property within five hundred feet of any of the following:

(1)

Place of worship;

(2)

School (preschool, K-12);

(3)

Day care center, child or adult;

(4)

Park (for purposes of this section, publicly owned multiuse trails shall be deemed to be a park);

(5)

Library;

(6)

Residential district, including any portion of a planned unit development designated for residential use;

(7)

Large-scale multi-tenant nonresidential center;

(8)

Cemetery; and

(9)

Another sexually oriented business.

(b)

Distance Measurements. The distance between a sexually oriented business and established uses outlined in subsection (a), Location, of this section shall be measured from the nearest property line of the property from which spacing is required to the nearest property line on which the sexually oriented business use will be located, using a straight line, without regard to intervening structures or public rights-of-way.

(c)

Exterior Display. No sexually oriented business shall be conducted in any manner that permits the observation from any right-of-way of material depicting specified sexual activities or specified anatomical areas by display, decoration, sign, show window or other opening.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.079 SI-01 (Sign standards—General).

Purpose. The intent of these sign standards is to:

A.

Accomplish the goals of the growth policies plan;

B.

Avoid unnecessary proliferation of signs;

C.

Provide developments with appropriate identification;

D.

Create a consistent streetscape;

E.

Maintain and enhance the aesthetic environment of the city and its planning jurisdiction;

F.

Eliminate potential hazards to motorists and pedestrians resulting from sign clutter; and

G.

Promote the health, safety, and welfare of the residents of the city of Bloomington and its planning jurisdiction.

This sign standards section applies to the following zoning districts:

20-05-078.png

(a)

Permit Required. A sign permit shall be required for all signs located, erected, constructed, reconstructed, moved, or altered unless specifically exempted by this chapter.

(b)

Nonconforming Signage. All existing nonconforming signage is subject to the provisions of Chapter 20.08, Nonconforming Lots, Sites, Structures and Uses.

(c)

Sign Measurements. Sign height and sign area measurements shall be calculated as follows:

(1)

The area of wall signs shall be calculated as the smallest regular geometric figure needed to circumscribe any logos, text, or other identifying trait placed on a structure.

(2)

The area of freestanding signs shall be calculated as the smallest regular geometric figure needed to circumscribe the sign, exclusive of supporting structures.

(3)

The height of a freestanding sign shall be measured from the grade beneath the sign or from the crown of the adjacent street, whichever is higher. The ground beneath a sign shall not be raised to artificially change the point at which the sign height is measured.

(d)

Double-faced Signs. For all freestanding and projecting signs permitted by this chapter, a double-faced sign may be erected. Only the face area of one of the two sides shall be considered the face area of the entire sign. In such cases, the two sign faces shall be identical in area, shall be placed back to back, and shall be separated by a distance of no more than two feet.

(e)

Maintenance. All signs and components thereof shall be kept in good repair and in safe, clean, neatly painted, and working condition.

(f)

Abandoned Sign Structures. On any site where the use has been abandoned for a period of six months or greater, all sign structures, including all poles, frames, supports, and other structural, electrical, mechanical, and other elements, shall be removed by the owner of the premises upon which it is located.

(g)

Miscellaneous Signs. The following signs are exempt from permit requirements:

(1)

Public Signs. Public signs erected by or on the order of a public officer in the performance of public duty, such as signs to promote safety, no trespassing, or traffic signs; signs to indicate transit stops; memorial plaques; signs of historical interest; and signs directing people to public and quasi-public facilities or events.

(2)

Private Signs. Any permanent sign of not more than one and one-half square feet in area.

(3)

Flags. Flags of any nation, state, county, city, university, college, military organization, or place of worship.

(4)

Murals. Murals without a commercial message.

(5)

Window Signs. Window signs shall be subject to the following standards:

(A)

Residential Uses. Window signs are not permitted for residential uses.

(B)

Signage Allotment. Window signs displayed in ground floor windows shall not count toward the wall signage allotment of the use. Window signs displayed in windows on floors above the ground floor shall count toward the wall signage allotment of the use and shall not be exempt from permit requirements.

(C)

Area. Window signage shall not exceed twenty-five percent of the glass area of any individual window pane.

(6)

Directional Signs. Directional signs shall be subject to the following standards:

(A)

Area. Signs shall not exceed four square feet in area per side.

(B)

Height. Signs shall not exceed forty-two inches in height above the ground.

(7)

Construction Signs. Construction signs shall be subject to the following standards:

(A)

Nonresidential, Multifamily, and Single-family Subdivision Projects. Signs shall not exceed twenty-four square feet in area per side.

(B)

Individual Single-family Lots. Signs shall not exceed five square feet in area per side.

(C)

Number. Individual contractors, developers, or financiers may have a maximum of one construction sign.

(D)

Duration. Constructions signs may be displayed throughout the duration of construction and shall be removed upon completion of construction.

(8)

Not-for-profit Signs. Signs advertising special events by a registered not-for-profit organization shall be subject to the following standards:

(A)

Size. Signs shall not exceed five square feet in area per side.

(B)

Location. Signs shall not be placed on a property unless permission is granted by the property owner.

(C)

Duration. Signs shall be displayed no more than seven days prior to the special event and shall be removed within two days after the conclusion of the special event.

(9)

Political Signs. Political signs shall not exceed thirty-two square feet in area per side.

(10)

Real Estate Signs. Real estate signs shall be subject to the following standards:

(A)

Commercial. Signs advertising the sale or lease of a commercial property or the sale of a multifamily property with at least fifteen units shall be limited to a single sign of a maximum of thirty-two square feet in area per side.

(B)

Residential. Signs advertising the sale or lease of single-family properties or multifamily properties with less than fifteen units shall be limited to a single sign of a maximum of five square feet per side.

(C)

Open House Signage.

(i)

Off-site signage directing the public to an open house is permitted on Friday, Saturday and Sunday of the event weekend.

(ii)

Individual open house signs shall not exceed five square feet in area per side.

(iii)

Signage must be placed with the owner's permission.

(iv)

Signs shall only be placed at corner locations.

(v)

All open house signage shall be removed the same day that the event ends.

(11)

Street Addresses. Every building shall have its numerical street address posted as follows:

(A)

Single-Family Residential Structures:

(i)

Street address displays shall consist of Arabic numerals (e.g., 1, 2, 3...) no less than three inches in height.

(ii)

Street address displays shall be placed on the front of the structure and on the mailbox post where mailboxes are located along the street.

(B)

Multifamily Structures:

(i)

Street address displays shall consist of Arabic numerals (e.g., 1, 2, 3...) no less than five inches in height and no more than ten inches in height.

(ii)

Street address displays shall be placed above all exterior entrances visible from a public street, private drive, or parking lot.

(C)

Nonresidential Structures:

(i)

Street address displays shall consist of Arabic numerals (e.g., 1, 2, 3…) no less than eight inches in height.

(ii)

Street address displays shall be placed above all exterior entrances visible from a public street, private drive, or parking lot.

(D)

Legibility. All street addresses shall contrast with the color of the surface on which they are mounted, shall consist of reflective materials, and shall be clearly visible and identifiable from the street.

(h)

Prohibited Sign Types. The following signs are prohibited in all zoning districts unless specifically authorized by another section of this title:

(1)

Animated Signs. Signs that utilize any motion picture, laser, or visual projection of images or copy in conjunction with any business or advertisement.

(2)

Bench Signs. A sign located on the seat or back of a bench placed on or adjacent to a public right-of-way.

(3)

Imitation of Official Signs. Signs that purport to be, are in imitation of, or resemble an official traffic sign or signal or which bear the words "Stop," "Slow," "Caution," "Danger," "Warning" or similar words.

(4)

Off-premise Signs. Signs advertising goods, products, services, events or activities not located, sold or offered on the premises on which the sign is located, except as provided in Section 20.05.079(g)(8) Not-for-profit Signs and Section 20.05.079(g)(10)(C) Open House Signage.

(5)

Vehicle Signs. Signs placed on inoperable or unlicensed vehicles parked on public or private property for the apparent purpose of displaying the sign. Prohibited signs do not include those displayed on vehicles parked for the purpose of lawfully making deliveries or random sales or service. Prohibited signs do not include those displayed on vehicles which are customarily used for transporting persons or properties, and on vehicles parked at a driver's place of residence during nonbusiness hours or for incidental purposes.

(6)

Intermittent Lights. Signs that have intermittent blinking, flashing, or fluttering lights, including any device which has a changing light intensity, brightness of color, or gives such illusion. Strobe lights shall be considered intermittent lights for the purposes of subsection (h)(6) of this section.

(7)

Pole Signs. Signs that are mounted on a freestanding pole or other support that is not part of or attached to a building or structure.

(8)

Temporary Signs. Any temporary sign not specifically permitted in Section 20.05.080, SI-02 (Sign standards—Temporary signs), including, but not limited to, pennants, streamers, balloons, inflatable signs, spinners, and banners, except when specifically permitted in Section 20.05.080: SI-02 (Sign standards—Temporary signs).

(9)

Projecting Signs. Any sign that projects outward from the facade of a building in excess of twelve inches, except as provided in Section 20.05.084, SI-06 (Sign standards—Commercial limited) and Section 20.05.085, SI-07 (Sign standards—Commercial downtown).

(i)

Prohibited Sign Locations. Signs shall not be installed at any of the following locations:

(1)

Public Easement. In any public utility easement, unless authorized by the city.

(2)

Public Right-of-way. In any public right-of-way, except as provided in subsection (g)(1), Public Signs above.

(3)

Roofs. On the roof of a structure, or extending above the eave, roof line or parapet of a building.

(4)

Vision Clearance Triangle. Within a vision clearance triangle as specified in this chapter.

(5)

Miscellaneous. On any traffic control signs, highway construction signs, fences, utility poles, street signs, trees or other natural objects.

(j)

Design Standards.

(1)

Freestanding Signs. All freestanding signs shall be designed as follows:

(A)

Setback. All freestanding signs shall be set back a minimum of two feet from the front property line.

(B)

Mounting. All freestanding signs shall be permanently affixed to the ground.

(C)

Base. Sign bases shall conform to the following standards:

(i)

Sign bases shall have an aggregate width of at least forty percent of the total horizontal width of the sign; or have supports that are less than twenty five percent of the vertical height of the sign.

(ii)

The base and exposed foundation of all freestanding signs shall be covered with a finished material such as brick, stone, metal, or wood.

(D)

Cap. A decorative cap may extend up to eighteen inches above the height limit specified in this chapter. The decorative cap shall have no identifying text, logos, or identifying traits.

(E)

Landscaping: For any new freestanding sign, a landscaped area located around the entire base of a freestanding sign is required. The landscaped area shall contain materials consisting of shrubs, spread no greater than three feet on center, and densely planted perennial ground cover. The landscaped area shall be greater than or equal to the freestanding sign face area.

(F)

Illumination. Sign lighting shall abide by the light trespass regulations in this chapter.

(G)

Changeable Copy. Unless specified otherwise in this unified development ordinance, freestanding signs may incorporate areas for changeable copy, provided that the changeable copy area does not exceed forty percent of the total sign area.

(2)

Electronic Reader Boards. Electronic reader boards may be incorporated into freestanding or wall signage. Information may be displayed in increments of no less than twenty seconds. Electronic reader boards shall not comprise more than forty percent of the total area of any sign face.

(k)

Waiver of Right to Damages.

(1)

The plan commission, the board of zoning appeals, and the staff are each authorized to request waivers of the right to and receipt of damages pursuant to Indiana Code 22-13-2-1.5, Indiana Code 36-7-2-5.5, and Indiana Code 32-24, in connection with any application for a permit or other approval that may involve erection of a new sign or removal or alteration of a lawfully erected sign, including a lawful nonconforming sign.

(2)

Waivers may be requested from the following:

(A)

The applicant;

(B)

The property owner;

(C)

The sign owner; and

(D)

Any other person with an interest in the site or the sign.

(3)

The owner and/or the applicant shall be responsible for obtaining waivers from all persons listed in subsection (k)(2) of this section.

(4)

An owner or applicant who fails to provide and/or to obtain waivers in accordance with this section may be denied a permit or approval seeking to alter or remove a lawfully erected sign unless the owner or applicant agrees to hold harmless and indemnify the city from any and all claims for damages pursuant to the statutes referenced in subsection (k)(1) of this section.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009; Ord. No. 14-12, § 7, 7-9-2014)

20.05.080 SI-02 (Sign standards—Temporary signs).

This sign standards section applies to the following zoning districts:

20-05-079.png

(a)

Nonresidential Uses and Multifamily Complexes. Conforming nonresidential uses and multifamily complexes with at least fifteen dwelling units are permitted to display temporary signage as follows:

(1)

Area. Temporary signs shall not exceed sixteen square feet in area per side.

(2)

Height: Freestanding temporary signs shall not exceed six feet in height above the ground.

(3)

Type. Temporary sign types shall be limited to printed banners or freestanding, portable signs.

(4)

Lighting. External illumination of temporary signs shall be prohibited.

(5)

Number.

(A)

Individual nonresidential uses shall be permitted a maximum of three temporary signs.

(B)

Multifamily complexes with at least fifteen units shall be permitted a maximum of three temporary signs.

(C)

Individual tenants within nonresidential centers shall be permitted a maximum of one temporary sign.

(6)

Display Periods. Temporary signs shall be permitted for the following durations:

(A)

Display of temporary signs shall be permitted for three periods of up to thirty days per period, per calendar year.

(B)

All temporary signs shall receive a sign permit from the planning and transportation department prior to being displayed.

(C)

The three temporary sign display periods provided in subsection (k)(5)(A) above may be combined, provided that a separate permit is obtained for each display period.

(7)

Grand Opening Events.

(A)

New businesses, including multifamily complexes of fifteen units or greater, shall be permitted a single grand opening event sign display during which the number, type and size of temporary signs shall not be limited.

(B)

Grand opening event sign displays shall not exceed thirty consecutive days, and shall count as one (1) of the permitted display periods as described in subsection (a)(5)(A) above.

(b)

Nonresidential Uses in Residential Districts. Temporary signs are not permitted for home occupations and legal nonconforming uses in residential districts.

(c)

Temporary Retail Uses. Temporary signage for approved temporary retail uses, such as seasonal sales, shall be subject to the requirements of Section 20.05.110(i).

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009; Ord. No. 14-12, § 3, 7-9-2014)

20.05.081 SI-03 (Sign standards—Residential).

This sign standards section applies to the following zoning districts:

20-05-080.png

(a)

Single-Family Subdivision. Each subdivision shall be permitted one freestanding sign per development entrance, subject to the following standards:

(1)

Freestanding Sign Area. The maximum sign area shall not exceed thirty-two square feet per side.

(2)

Freestanding Sign Height. The maximum height shall not exceed six feet in height.

(3)

Changeable Copy. Changeable copy shall be prohibited as part of a freestanding sign.

(4)

Number. The permitted subdivision sign may be replaced with two signs of a maximum sixteen square feet in area per sign if a sign is placed on each side of the entrance.

(5)

Wall Signage. No wall signage is permitted.

(b)

Multifamily.

(1)

Multifamily complexes containing at least fifteen dwelling units shall be permitted one freestanding sign per development entrance, subject to the following standards:

(A)

Freestanding Sign Area. The maximum sign area shall not exceed thirty-two square feet per side.

(B)

Freestanding Sign Height. The maximum sign height shall not exceed six feet.

(C)

Wall Signage. No wall signage shall be permitted.

(2)

Multifamily complexes containing less than fifteen dwelling units shall be permitted one wall sign, subject to the following standards:

(A)

Wall Sign Area. The maximum sign area shall not exceed twenty-four square feet.

(c)

Conforming Nonresidential Uses. For any nonresidential use approved as a permitted use, conditional use, or use variance, the provisions of Section 20.05.084, SI-06 (Sign standards—Commercial limited) shall apply. These provisions may be modified by action of the board of zoning appeals as part of a conditional use or use variance approval. Sandwich board signs shall be prohibited for all nonresidential uses within a residential district.

(d)

Legal Nonconforming, Nonresidential Uses.

(1)

Wall Sign Area. Wall signage shall not exceed ten square feet in area.

(2)

Freestanding Sign Area. Freestanding signs shall not exceed twelve square feet per side.

(3)

Number. A maximum of one freestanding sign shall be permitted. Lots with less than thirty feet of street frontage shall not be permitted any freestanding signs.

(4)

Height. Freestanding signs shall not exceed four feet in height.

(e)

Illumination. Signs within residential districts shall not be internally illuminated.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.082 SI-04 (Sign standards—Permanent display cabinets).

This sign standards section applies to the following zoning districts:

20-05-081.png

(a)

Permanent Display Cabinets. Permanent display cabinets shall be subject to the following standards:

(1)

Zoning Districts. Permanent display cabinets shall not be permitted in any residential district.

(2)

Contents. Permanent display cabinets may incorporate interchangeable signage such as banners, flyers, posters, and menus.

(3)

Signage Allotment. Permanent display cabinets shall count toward the wall signage allotment of the use.

(4)

Sign Area. Individual display cabinets shall not exceed sixteen square feet in area per display, measured at the outer edge of the cabinet frame.

(5)

Height. A permanent display cabinet shall not exceed eight feet in height from ground level.

(6)

Frame. The permanent display cabinet shall be framed with wood, metal, or other durable material, and enclosed with a transparent cover.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.083 SI-05 (Sign standards—Nonresidential).

This sign standards section applies to the following zoning districts:

20-05-082.png

(a)

Wall Signs. The following standards shall apply to wall signs for individual uses or tenants within a multi-tenant center:

(1)

Allotment.

(A)

Individual Nonresidential Uses. The cumulative square footage of all wall sign shall not exceed one and one-half square feet per lineal foot of primary facade facing a public or private street.

(B)

Multi-tenant Nonresidential Center. The cumulative square footage of all wall signs for any individual tenant shall not exceed one and one-half square feet per lineal foot of the tenant's facade width.

(C)

Limits. No property shall be limited to less than thirty square feet of wall signage and no use shall be permitted to exceed three hundred square feet of wall signage.

(2)

Maximum Projection. Except an awning sign, no part of a wall sign shall project more than twelve inches from the wall or face of the building to which it is attached.

(3)

Location. Wall signs for individual tenants within a multi-tenant nonresidential center shall be located on a wall of the tenant's lease space.

(4)

Permanent Display Cabinets. Permanent display cabinets shall be permitted subject to the standards of Section 20.05.082, SI-04 (Sign standards—Permanent display cabinets).

(5)

Multi-tenant Nonresidential Center Signs. Multi-tenant nonresidential centers shall be permitted a single wall sign advertising the center as a whole. Such wall signs shall not exceed twenty square feet in area, and shall not include any signage for individual tenants of the center.

(b)

Freestanding Signs. The following standards shall apply to all freestanding signs:

(1)

Number.

(A)

Lots with thirty feet or less of public street frontage are not permitted any freestanding signs.

(B)

Lots with greater than thirty feet and less than five hundred feet of frontage on a public street are permitted one freestanding sign.

(C)

Lots with five hundred feet or more of public street frontage shall be permitted two additional freestanding signs.

(D)

Where a lot has more than one public street frontage, each street frontage shall be regulated independently.

(E)

In no case shall any lot have more than four freestanding signs.

(2)

Area.

(A)

Individual Nonresidential Uses.

(i)

Freestanding signs on lots with greater than thirty feet and less than fifty feet of public street frontage shall not exceed twenty square feet in area per side.

(ii)

Freestanding signs on lots with at least fifty feet and less than seventy-five feet of public street frontage shall not exceed thirty square feet in area per side.

(iii)

Freestanding signs on lots with at least seventy-five feet of public street frontage shall not exceed forty-five square feet in area per side.

(iv)

Where a lot has more than one public street frontage, each street frontage shall be regulated independently.

(B)

Multi-tenant Nonresidential Centers.

(i)

Freestanding signs for nonresidential centers with less than twenty thousand square feet of gross floor area are permitted a maximum sign area based on individual nonresidential use allotments listed in subsection (b)(2)(A), Individual Nonresidential Uses above.

(ii)

Freestanding signs for nonresidential centers with at least twenty thousand and less than thirty-five thousand square feet of gross floor area shall not exceed sixty square feet in area per side.

(iii)

Freestanding signs for nonresidential centers with at least thirty-five thousand and less than fifty thousand square feet of gross floor area shall not exceed seventy-five square feet in area per side.

(iv)

Freestanding signs for nonresidential centers with at least fifty thousand square feet of gross floor area shall not exceed one hundred twenty-five square feet in area per side.

(v)

Individual tenant panels shall not exceed thirty-six square feet in area.

(vi)

Outlots that are not counted toward multi-tenant nonresidential center square footages shall be permitted freestanding signage based on individual nonresidential uses in subsection (b)(2)(A), Individual Nonresidential Uses above.

(vii)

Replacement or switch-out of individual tenant panels on a multi-tenant sign shall not require compliance of the entire freestanding sign.

(3)

Height.

(A)

For individual nonresidential uses and multi-tenant nonresidential centers of less than twenty thousand square feet of gross floor area, the maximum freestanding sign height shall be six feet.

(B)

For multi-tenant nonresidential centers with at least twenty thousand square feet and less than fifty thousand square feet of gross floor area, the maximum freestanding sign height shall be eight feet.

(C)

For nonresidential centers with at least fifty thousand square feet of gross floor area, the maximum sign height shall be fifteen feet.

(4)

Separation. Where a lot is permitted multiple freestanding signs, no two freestanding signs shall be within one hundred feet of each other, as measured along the public right-of-way.

(5)

Changeable Copy. A maximum of eighty percent of any freestanding sign may be dedicated to changeable copy.

(c)

Drive-up Menu Signs. The following standards apply to drive-up menu signs:

(1)

Sign Area. Drive-up menu signs shall not exceed thirty-six square feet in area and shall be single-sided.

(2)

Height. No part of a drive-up menu sign shall be more than six feet above ground level.

(3)

Number. Two drive-up menu signs shall be permitted per drive-through lane.

(d)

Multifamily. Complexes containing at least fifteen dwelling units:

(1)

Freestanding Sign Area. The maximum sign area shall not exceed thirty-two square feet per side.

(2)

Freestanding Sign Height. The maximum height shall not exceed six feet.

(3)

Number. One sign is permitted per street frontage.

(4)

Wall Signage. No wall signage is permitted.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.084 SI-06 (Sign standards—Commercial limited).

This commercial sign standards section applies to the following zoning districts:

20-05-083.png

(a)

Wall Signs. The following standards apply to wall signs for individual uses or tenants within a multi-tenant center:

(1)

Allotment.

(A)

Individual Nonresidential Uses. The cumulative square footage of all wall signs shall not exceed one square foot per lineal foot of primary structure that faces a public or private street.

(B)

Multi-tenant Nonresidential Centers. The cumulative square footage of all wall signs for any individual tenant shall not exceed one square feet per lineal foot of the tenant's facade width.

(C)

Limits. No property shall be limited to less than twenty square feet of wall signage and no use or tenant shall be permitted to exceed one hundred square feet of wall signage.

(2)

Location. No wall signage shall be located on a side or rear building facade.

(3)

Maximum Projection. No part of a wall sign, other than an awning sign, shall protrude more than twelve inches from the wall or face of the building to which it is attached.

(b)

Freestanding Signs. The following standards apply to permanent freestanding signs:

(1)

Number. Lots with thirty feet or less of public street frontage shall not be permitted any freestanding signs. Lots with more than thirty feet of public street frontage on a single street are permitted a maximum of one freestanding sign.

(2)

Area. No freestanding sign shall exceed fifteen square feet in area per side.

(3)

Height. No freestanding sign shall exceed four feet in height.

(4)

Lighting. Internally-illuminated signs are prohibited.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.085 SI-07 (Sign standards—Commercial downtown).

This commercial sign standards section applies to the following zoning districts:

20-05-084.png

(a)

Wall Signs. The following standards apply to wall signs for individual uses and tenants within a multi-tenant center:

(1)

Allotment.

(A)

Individual Nonresidential Uses. The cumulative square footage of all wall signs shall not exceed one and one-half square feet per lineal foot of primary structure that faces a public or private street.

(B)

Multi-tenant Nonresidential Centers.

(i)

First Story. The cumulative area of all wall signs for an individual tenant shall not exceed one and one-half square feet per lineal foot of the tenant's facade width for locations on the first floor.

(ii)

Upper Story Retail Uses. Retail uses located above the first story shall be permitted a wall sign allotment equal to fifty percent of the total allotment permitted for first story uses as provided in subsection (a)(1)(B)(i), First Story above.

(iii)

Upper Story Office Uses. Tenants without first story street frontage shall be permitted to display a maximum of four square feet of signage at the exterior entrance with the property owner's permission.

(iv)

Center Signs. Multi-tenant nonresidential centers shall be permitted a single wall sign advertising the center as a whole. Such wall signs shall not exceed twenty square feet in area, and shall not include any signage for individual tenants of the center.

(C)

Limits. No property shall be limited to less than twenty square feet of wall signage and no use or tenant shall exceed one hundred square feet of wall signage.

(2)

Location. Wall signs for individual tenants within a multi-tenant nonresidential center shall be located on the tenants lease space, except as regulated in subsection (a)(1)(B)(ii), Upper Story Retail Uses above.

(3)

Maximum Projection. No part of a wall sign, other than a projecting sign or awning sign, shall project more than twelve inches from the wall or face of the building to which it is attached.

(4)

Projecting Signs. The following standards apply to projecting signs:

(A)

Maximum Projection. No part of a projecting sign shall protrude more than thirty-six inches from the wall or face of the building to which it is attached. Support structures between the building and the sign only shall be counted toward this allowance.

(B)

Location. Projecting signs shall be located adjacent to the tenant's lease space. Projecting signs shall not extend into a public right-of-way unless approved by the board of public works.

(C)

Separation. A minimum separation of one hundred feet shall be provided between all projecting signs on the same building facade.

(D)

Number. A maximum of one projecting sign is permitted per tenant per street frontage.

(E)

Area. Projecting signs shall be limited to a maximum of twenty square feet in area.

(F)

Allotment. Projecting sign areas shall count toward overall wall sign allotment.

(G)

Prohibited Location. No projecting signs shall be located on buildings located within the courthouse square overlay district.

(H)

Wind Loadings. The applicant for a projecting sign shall provide information verifying that the building facade containing the projecting sign can tolerate wind loading.

(I)

Any property that utilizes a freestanding sign shall be prohibited from utilizing a projecting sign.

(b)

Freestanding Signs. The following standards apply to permanent freestanding signs.

(1)

B-Line Trail. The erection of freestanding signs shall be prohibited on any property frontage immediately adjacent to the B-Line Trail right-of-way.

(2)

Setback. No freestanding sign shall be allowed unless the primary structure on a lot is set back from the public right-of-way by a minimum of fifteen feet.

(3)

Number. Lots with thirty feet or less of public street frontage are not permitted any freestanding signs. Properties with more than thirty feet of public street frontage on a single street are permitted a maximum of one freestanding sign.

(4)

Sign Area. Freestanding signs shall not exceed fifteen square feet in area per side.

(5)

Height. Freestanding signs shall not exceed four feet in height.

(6)

Lighting. Internally-illuminated signs are prohibited.

(7)

Changeable Copy. Changeable copy shall be prohibited as part of a freestanding sign.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.086 SI-08 (Sign standards—Sandwich board signs).

This sandwich board sign standards section applies to the following zoning districts:

20-05-085.png

(a)

Uses. Sandwich board signs shall be permitted only for nonresidential uses.

(b)

Number. A maximum of one sandwich board sign per individual business shall be permitted.

(c)

Sign Permit. The planning department shall not issue a sign permit for a sandwich board sign until the board of public works has granted permission for the sign to encroach on a public right-of-way.

(d)

Design.

(1)

Area. Sign face area shall not exceed five square feet per sign face.

(2)

Width. Sign face width shall not exceed two feet, nine inches measured at the widest point of the sign face.

(3)

Height. Sign height shall not exceed four and one-half feet measured from the ground to the top of the sign.

(4)

Ballast. A ballast, weighing a minimum of ten pounds and colored solid black, shall be installed at the base of a sandwich board sign to ensure stability in windy conditions.

(5)

Portability. Signs shall be truly portable and shall not be permanently affixed to any structure or sidewalk.

(e)

Placement. Sandwich boards shall meet the following placement criteria:

(1)

Sidewalk Width. Signs shall be placed only on sidewalks with a minimum width of seven feet.

(2)

Removal. Signs shall be removed from the public right-of-way at the end of each business day.

(3)

Location. Signs shall be located according to the following standards:

(A)

No sandwich board sign shall be placed within ten linear feet of another sandwich board sign, measured from the base of each sign.

(B)

Signs shall be located in the following portions of the sidewalk, to be determined by planning staff based on accessibility and safety standards including location and proximity of door ways, width of tree plot, maximum distance between pedestrian obstacles, location of cross walks, and other physical features of the location that affect accessibility and safety:

(i)

On the sidewalk a maximum of two feet from the advertised business's building; or

(ii)

In the tree plot outside the sidewalk.

(C)

Signs shall be placed a minimum of forty-eight inches from all obstructions within the sidewalk right-of-way including newspaper boxes, outdoor tables/seating, trees and tree grates, bicycle racks, trash receptacles and any other item impeding pedestrian or wheelchair movement.

(D)

Signs shall be placed a minimum of ten feet from a building corner or pedestrian crosswalk.

(4)

ADA Compliance. Sign placement shall meet all Americans with Disabilities Act (ADA) requirements.

(5)

B-Line Trail. Sandwich board signs shall not be placed within the right-of-way of the B-Line Trail. Sandwich board signs for properties with frontage along the trail shall be placed within the setback between the building and the trail right-of-way.

(f)

Enforcement. More than two violations of the sandwich board sign standards in one calendar year shall result in the termination of the sign permit for the sandwich board and require removal of the sandwich board. A new sandwich board sign shall not be permitted for the business for a minimum of twelve months from the date of the sign permit revocation.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.087 SC-01 (Special conditions—Artist studio).

Purpose. The purpose of the special conditions standards section is to further regulate permitted uses and conditional uses listed for the zoning districts in Chapter 20.02, Zoning Districts or overlay districts in Chapter 20.03, Overlay Districts. The uses with an asterisk (*) shall meet the following requirements.

This special conditions standards section applies to the following zoning districts:

20-05-086.png

(a)

Artist Studio.

(1)

The artist studio shall be accessory to a residential use.

(2)

No retail activity shall be permitted in association with the artist studio.

(3)

No display of art pieces for public viewing, such as within a gallery, shall be permitted.

(4)

Use of the artist studio shall be limited to the production of art by the resident of the home in which the studio is located.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.088 SC-02 (Special conditions—Auto body shop/vehicle repair).

This special conditions standards section applies to the following zoning districts:

20-05-087.png

(a)

Auto Body Shop/Vehicle Repair.

(1)

All major overhaul, body and fender work, upholstering and welding shall be conducted within a completely enclosed building.

(2)

All spray painting shall be conducted within an approved spray booth.

(3)

No outdoor storage of automobile parts, discarded tires, or similar materials shall be permitted.

(4)

Outdoor storage of more than three wrecked or temporarily inoperable vehicles awaiting repairs shall be prohibited.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.089 SC-03 (Special conditions—Brewpub).

This special conditions standards section applies to the following zoning districts:

20-05-088.png

(a)

Brewpub.

(1)

Production Limits.

(A)

In the CG, CA, and CD zoning districts, brewpubs shall not manufacture more than twenty thousand barrels of beverage (all beverages combined) annually.

(B)

In the CL zoning district, brewpubs shall not manufacture more than five thousand barrels of beverage (all beverages combined) annually.

(2)

Tavern/Restaurant Space.

(A)

In the CL, CG, and CA zoning districts, brewpubs shall maintain at least fifteen percent of the gross floor area of the facility or five hundred square feet of floor space, whichever is greater, for public use as a tavern and/or restaurant.

(B)

In the CD zoning district, brewpubs shall maintain at least fifty percent of the gross floor area of the facility for public use as a tavern and/or restaurant.

(3)

Record Keeping. Brewpubs shall maintain copies of all reports filed with the bureau of alcohol, tobacco and firearms (ATF) and shall be able to demonstrate, upon request of the city, that they have not exceeded the annual beverage production limit in any twelve-month period.

(4)

Shipping. Brewpubs may ship beverages for consumption at other sites, but only if it is demonstrated that the location and flow of shipping traffic has adequate access to streets classified as collectors or arterials by the master thoroughfare plan.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.090 SC-04 (Special conditions—Car wash).

This special conditions standards section applies to the following zoning districts:

20-05-089.png

(a)

Car Wash. Where a car wash facility is located adjacent to a residential district, the following restrictions shall apply:

(1)

The hours of operation for coin-activated car wash facilities shall be limited to between seven a.m. and ten p.m.

(2)

Automated audio warnings (e.g., beepers), instructions and other audio recordings associated with the car wash facility are not permitted.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.091 SC-05 (Special conditions—Community center).

This special conditions standards section applies to the following zoning districts:

20-05-090.png

(a)

Community Center. Community centers shall be permitted when utilizing the renovation of an existing structure. If a community center requires new construction or a major addition to an existing structure (greater than thirty-three percent of the existing gross floor area), then the use shall be subject to a conditional use approval.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.092 SC-06 (Special conditions—Convenience store (with gas or alternative fuels)).

This special conditions standards section applies to the following zoning districts:

20-05-091.png

(a)

Convenience Store (with Gas or Alternative Fuels).

(1)

In the CD and BP zoning districts, the use shall be limited to a total of four metered fuel dispenser units for the sale and distribution of fuels such as biodiesel, electricity, majority ethanol blend, hydrogen, natural gas or conventional gasoline.

(2)

In the BP zoning district, major overhaul, body and fender work, upholstering, welding and spray painting shall be prohibited as a component of a convenience store (with gas or alternative fuels).

(3)

In the CG and CD zoning districts, all major overhaul, body and fender work, upholstering and welding shall be conducted within a completely enclosed building.

(4)

In the CG and CD zoning districts, all spray painting shall be conducted within an approved spray booth.

(5)

No outdoor storage of automobile parts, discarded tires, or similar materials shall be permitted.

(6)

Outdoor storage of more than three wrecked or temporarily inoperable vehicles awaiting repairs shall be prohibited.

(7)

In the BP zoning district, all structures including fuel canopies shall be compatible with the surrounding Business Park development with respect to architectural style, color, and materials. Fuel canopies shall be located to the side or rear of properties to minimize visual impact from public streets.

(8)

In the BP zoning district, at least fifty percent of the total number of dispenser units must provide alternative fuels including, but not limited to biodiesel, electricity, majority ethanol blend, hydrogen or natural gas.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.093 SC-07 (Special conditions—Crops and pasturage, and accessory chicken flocks).

This special conditions standards section applies to the following zoning districts:

20-05-092.png

(a)

Crops and Pasturage—RE Zoning District.

(1)

Livestock shall be permitted only in a pasturage context. Pasture use shall be limited to one animal unit per acre of land actually used as pasture and accessible to the livestock. Land with slope in excess of fifteen percent shall not be considered in determining the total pasture size, and shall not be utilized for pasture purposes.

(2)

Animal units per animal shall be determined as follows:

(A)

All larger animals, including cattle, horses, swine, ponies, etc., shall equal one animal unit;

(B)

Goats, sheep, miniature horses, etc., shall equal 0.5 animal unit;

(C)

All smaller animals including fowl shall equal 0.2 animal unit; and

(D)

All animals less than four months of age shall be calculated at one-half the unit value of their respective category above.

(3)

All other agricultural businesses involving livestock are prohibited, including but not limited to concentration points, confined feeding, feedlots, feeder pig operations, livestock auctions, livestock dealers, sale barns, stock yards, and transfer stations.

(4)

Livestock shall not be kept on any parcel of less than five acres in area and three hundred feet in width, except that chickens and ducks may be kept within the density limits on parcels of two acres or more.

(5)

Structures containing livestock or livestock waste shall meet the following minimum setbacks:

(A)

Front setback: seventy-five feet;

(B)

Side setback: fifty feet;

(C)

Rear Setback: seventy-five feet.

(b)

Accessory Chicken Flocks—RE and RS Zoning District.

(1)

One chicken flock may be kept as a use accessory to a permitted residential use, provided that such use is permitted by Title 7 of the Bloomington Municipal Code, as it may hereafter be amended, and further provided that such use complies with all regulations of Title 7 of the Bloomington Municipal Code, as it may hereafter be amended. Such regulations of Title 7 of the Bloomington Municipal Code are expressly incorporated herein by reference. In areas that are subject to this title but not within the corporate boundaries of the city of Bloomington, the planning and transportation department shall administer and enforce such regulations.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009; Ord. No. 14-12, § 3, 7-9-2014)

20.05.094 SC-08 (Special conditions—Drive-through).

This special conditions standards section applies to the following zoning districts:

20-05-093.png

(a)

Drive-through.

(1)

All drive-through windows shall be accessory to the primary use on the site.

(2)

All uses, except for banks/credit unions shall be limited to one drive-through bay. Banks/credit unions shall be allowed up to three drive-through bays.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.095 SC-09 (Special conditions—Dwelling, multifamily).

This special conditions standards section applies to the following zoning districts:

20-05-094.png

(a)

Dwelling, Multifamily. Any building containing one or more dwelling units located on the second story or above shall be required to have a fire sprinkler system located throughout the building structure. Such fire building system must comply with the standards of NFPA 13R-1999, as adopted and amended by 675 Indiana Administrative Code Section 13-1-25, or such later edition of NFPA as may hereafter be adopted by the state, unless state codes require compliance with a different standard, in which case such standard shall apply.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.096 SC-10 (Special conditions—Dwelling, single-family attached).

This special conditions standards section applies to the following zoning district:

20-05-095.png

(a)

Dwelling, Single-family Attached:

(1)

Single-family attached structures shall be limited to two individual units per structure and each unit shall be located on a separate lot.

(2)

Side setback requirements shall be waived by planning staff to allow lot lines to be placed along common building walls. The side setbacks shall be waived only for the property line where the common building wall will be located.

(3)

Single-family attached dwellings shall only be permitted when both individual lots meet the required minimum lot width and lot area for the zoning district.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.097 Special conditions—Community garden.

This special conditions standards section applies to the following zoning districts:

20-05-097-01.png

(a)

Community gardens shall be subject to the following requirements:

(1)

Retail sales shall be prohibited on the community garden site, except for the sale of produce grown in the community garden. Such sales shall be in compliance with Section 20.05.111(b), Farm Produce.

(2)

Structures utilized for the storage of gardening materials shall be permitted subject to the accessory structure requirements of this ordinance. The combined area of all structures shall not exceed fifteen percent of the community garden site lot area.

(3)

Hours of operation shall be restricted to between 5:00 a.m. and 11:00 p.m. daily. Community gardens shall adhere to the noise standards in Title 14 of the Bloomington Municipal Code.

(4)

On-site storage containers, compost bins, and other material storage areas shall be located in the rear building setback area, and shall be at least five feet from rear and side property lines. Trash shall be removed from the community garden site at least once a week.

(5)

Cultivated areas shall not encroach onto adjacent properties.

(6)

The community garden site shall be maintained free of high grass in compliance with Title 6 of the Bloomington Municipal Code.

(7)

Any community garden site with a lot area greater than fifteen thousand square feet shall provide one on-site parking space per two thousand square feet of lot area above fifteen thousand square feet.

(8)

One permanent sign shall be permitted. Such sign shall be limited to four square feet in area per side and four feet in height.

(Ord. No. 09-12, 9-16-2009)

20.05.098 SC-11 (Special conditions—Dwelling, single-family detached).

This special conditions standards section applies to the following zoning districts:

20-05-096.png

(a)

Dwelling, Single-family Detached. Single-family detached dwelling units shall be permitted only on lots of record lawfully established before the effective date of this title.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.099 SC-12 (Special conditions—Dwelling, upper floor units).

This special conditions standards section applies to the following zoning districts:

20-05-097.png

(a)

Dwelling, Upper Floor Units. Any building containing one or more dwelling units located on the second story or above shall be required to have a fire sprinkler system located throughout the building structure. Such fire building system must comply with the standards of NFPA 13R-1999, as adopted and amended by 675 Indiana Administrative Code Section 13-1-25, or such later edition of NFPA as may hereafter be adopted by the state, unless state codes require compliance with a different standard, in which case such standard shall apply.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.100 SC-13 (Special conditions—Fitness center/gym and fitness/training studio).

This special conditions standards section applies to the following zoning district:

20-05-098.png

(a)

Accessory Uses. All fitness center/gym and fitness/training studio uses shall be accessory to the primary use on a site. A fitness center/gym and fitness/training studio use shall not be permitted as a primary use on a site.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.101 SC-14 (Special conditions—Gas station).

This special conditions standards section applies to the following zoning districts:

20-05-099.png

(a)

Gas Station.

(1)

Gas stations shall be limited to a total of four metered fuel dispenser units for the sale and distribution of gasoline and/or any other petroleum products.

(2)

In the CG zoning district, major overhaul, body and fender work, upholstering, welding and spray painting shall be prohibited as a component of a gas station.

(3)

All major overhaul, body and fender work, upholstering, welding shall be conducted within a completely enclosed building.

(4)

All spray painting shall be conducted within an approved spray booth.

(5)

No outdoor storage of automobile parts, discarded tires, or similar materials shall be permitted.

(6)

Outdoor storage of more than three wrecked or temporarily inoperable vehicles awaiting repairs shall be prohibited.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.102 SC-15 (Special conditions—Group care home).

This special conditions standards section applies to the following zoning districts:

20-05-100.png

(a)

Group Care Home for Developmentally Disabled. Such homes shall be as described in Indiana Code 12-28-4-8 and licensed by the state under a program authorized by Indiana Code 12-11-1.1.

(b)

Group Care Home for Mentally Ill.

(1)

As described in Indiana Code 12-28-4-7 and licensed by the State pursuant to Indiana Code 12-22-2-3(2) through (6), provided that no such home shall be located within three thousand feet of any other residential care home.

(2)

The distance between group homes shall be measured from the nearest property line of the property from which spacing is required to the nearest property line on which the group home will be located, using a straight line, without regard to intervening structures or public rights-of-way.

(c)

Group/Residential Care Home.

(1)

Provided all state licensing provisions are complied with, and provided that no such home shall be located within three thousand feet of any other residential care home.

(2)

The distance between group homes shall be measured from the nearest property line of the property from which spacing is required to the nearest property line on which the group home will be located, using a straight line, without regard to intervening structures or public rights-of-way.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.103 SC-16 (Special conditions—Impound vehicle storage).

This special conditions standards section applies to the following zoning districts:

20-05-101.png

(a)

Impound Vehicle Storage. Impound vehicle storage lots shall be screened with an eight-foot tall solid fence or wall and shall be landscaped so as to mitigate the appearance and impact of the proposed storage use.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.104 SC-17 (Special conditions—Limited service restaurant and low intensity retail).

This special conditions standards section applies to the following zoning districts:

20-05-102.png

(a)

Scale. Individual uses shall not exceed a total of two thousand five hundred square feet of gross floor area.

(b)

Architectural Design Standards. Structures shall be compatible with the surrounding business park development with respect to architectural style, roof pitch, color and materials.

(c)

Parking. Parking spaces shall be provided at a twenty-five percent reduction from the requirements of this chapter.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.105 SC-18 (Special conditions—Outdoor storage).

This special conditions standards section applies to the following zoning districts:

20-05-103.png

(a)

Outdoor Storage. Outdoor storage yards shall be screened with an eight-foot tall solid fence or wall and shall be landscaped so as to mitigate the appearance and impact of the proposed storage use.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.106 SC-19 (Special conditions—Recreation center).

This special conditions standards section applies to the following zoning districts:

20-05-104.png

(a)

Recreation Center. Recreation centers shall be permitted when utilizing the renovation of an existing structure. If a recreation center requires new construction or a major addition to an existing structure (greater than thirty-three percent of the existing gross floor area), then the use shall be subject to a conditional use approval.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.107 SC-20 (Special conditions—Rooming house).

This special conditions standards section applies to the following zoning districts:

20-05-105.png

(a)

Rooming House.

(1)

Rooming houses shall be owner-occupied.

(2)

No rooming house shall exceed five bedrooms, not including the living space occupied by the rooming house owner.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.108 SC-21 (Special conditions—Testing lab).

This special conditions standards section applies to the following zoning districts:

20-05-106.png

(a)

Testing Lab. Testing labs shall exclusively conduct laboratory testing directly associated with the medical and health care industry.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.109 SC-22 (Special conditions—Utility substation and transmission facility).

This special conditions standards section applies to the following zoning districts:

20-05-107.png

(a)

Utility Substation and Transmission Facility.

(1)

This section shall not apply to boost or lifting stations.

(2)

Such facilities shall be screened with an eight-foot tall fence or wall.

(3)

The fenced or walled area shall be surrounded by a vegetative buffer consisting of evergreen trees. Such trees shall be a minimum of eight feet tall when planted.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.110 TU-01 (Temporary uses and structures—General).

This temporary use/structure standards section applies to the following zoning districts:

20-05-108.png

(a)

Permit Required. All temporary uses shall require a Temporary Use Permit unless specified otherwise in this title.

(b)

Exemptions:

(1)

Garage sales, religious tent meetings, nonprofit events and political rallies, provided they meet the following standards:

(A)

The event is allowed for a maximum of seven consecutive days;

(B)

No property shall hold more than three such events in a single calendar year; and

(C)

The hours of operation of such events shall be limited to between the hours of 7:00 a.m. and 11:00 p.m.

(2)

Temporary structures used for collection of donation items by a non-profit organization, provided they are displayed for a maximum of ninety days.

(c)

Termination and Removal. Temporary uses shall be terminated and removed at the end of the event period.

(d)

Required Parking. Temporary uses shall not displace required parking for any existing use or block any existing drives.

(e)

Off-street Parking. Adequate off-street parking is required for each temporary use in accordance with the parking standards of this chapter.

(f)

Public Rights-of-way. Temporary uses shall be arranged so that vehicles do not block a public right-of-way.

(g)

Contractor's Offices, Equipment Storage and Portable Lavatories. Contractor's offices, equipment storage and portable lavatories are permitted on or adjacent to construction sites subject to following conditions:

(1)

The use is for the length of the construction activity. All temporary facilities shall be removed upon completion of construction.

(2)

The structures shall not contain sleeping or cooking facilities.

(3)

Portable lavatories shall be located as to minimize impacts to adjacent residential uses.

(h)

Real Estate Sales and Model Homes. Real estate sales and model homes are permitted in any zoning district on the site of the development for which the sales are taking place. They are permitted to remain on the site of the development until all home sites within the development are sold.

(i)

Signs. Temporary uses shall be permitted to display signs subject to the following standards:

(1)

Temporary uses shall also be subject to additional applicable sign standards in this chapter.

(2)

Maximum Number.

(A)

One freestanding temporary sign;

(B)

One banner type sign.

(3)

Maximum Sign Area.

(A)

Freestanding temporary sign: twenty-four square feet per side.

(B)

Banner type sign: thirty square feet. Banners shall be placed on the structure, and shall not be freestanding.

(4)

Sign Permit. A separate sign permit is not required for temporary uses.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.111 TU-02 (Temporary uses and structures—Commercial and industrial).

This temporary use and structure standards section applies to the following zoning districts:

20-05-109.png

(a)

Seasonal Sales. Temporary uses selling seasonal items such as Christmas trees, Halloween pumpkins and 4th of July fireworks shall be permitted subject to the following standards:

(1)

Fireworks sales shall be permitted only at locations within the commercial arterial (CA) zoning district.

(2)

A temporary use permit shall be required and shall be valid for a maximum of thirty consecutive days. The temporary use shall be removed from the property within five days after the holiday, regardless of the remaining valid length of the temporary use permit.

(3)

The temporary use shall be located on a lot that fronts on a collector or arterial street.

(4)

The temporary use shall be located at least fifty feet from any residential district.

(b)

Farm Produce. The seasonal sale of farm produce shall require a temporary use permit, and such permit shall be valid for a maximum of sixty consecutive days. No property shall be issued more than one such temporary use permit in a calendar year.

(c)

Sales Associated with a Permanent Retail Use. Temporary retail activity conducted on property associated with a permanent retail use shall be permitted subject to the following standards:

(1)

The temporary retail activity shall be of the same nature as the permanent retail activity conducted on the property.

(2)

A temporary use permit shall be required and good for a maximum of forty-five consecutive days.

(3)

A temporary use permit shall only be issued to the operator of the associated permanent retail use.

(4)

No property shall be issued more than one such temporary use permit in a calendar year.

(d)

Other. Other temporary retail or wholesale activities, carnivals, and traveling circuses shall require a temporary use permit, and such permit shall be valid for a maximum of fifteen consecutive days. No property shall be issued more than one such Temporary Use Permit in a calendar year.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009)

20.05.112 VC-01 (Vision clearance—General).

This vision clearance standards section applies to the following zoning districts:

20-05-110a.png

(a)

Vision Clearance Triangle. A vision clearance triangle shall be maintained at every street intersection.

(1)

For the purposes of this chapter intersections shall include alley and driveway intersections with streets;

(2)

Vision clearance triangles for alley and driveway intersections may be reduced upon a determination by the city planning and transportation department that such a reduction would not interfere with the safety of the intersection.

(b)

Vision Clearance Triangle Leg Lengths. The vision clearance triangle leg lengths shall be as specified in the most current edition of the policy on geometric design of highways and streets published by the American Association of State Highway and Transportation Officials. Deviation from these standards shall require written approval from the city planning and transportation department.

20-05-110b.png

(c)

Vertical Clear Area. No primary or accessory structures, landscaping, fences, walls or signs are allowed to be placed in 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 street.

(Ord. 06-24 § 3 (part), 2006).

(Ord. No. 09-12, 9-16-2009; Ord. No. 14-12, § 10, 7-9-2014)



FOOTNOTE(S):


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Editor's note— Ord. No. 09-12, adopted Sept. 16, 2009, added a new § 20.05.057 to Ch. 20.05 and renumbered the subsequent sections of the chapter. The historical notation has been retained with the amended provisions for reference purposes. (Back)