zoning ordinance of... · web view9.11 effect on annexation or vacation or zoning 9-3 9.12...

Table of Contents

1.0 DEFINITIONS 1-3\ 1.1 General.................................................................................................................................1-31.2 General Zoning Definitions................................................................................................1-31.3 Land Use Definitions..........................................................................................................1-3

2.0 GENERAL PROVISIONS 2-3\ 2.1 Title.......................................................................................................................................2-32.2 Policy................................................................................................................................... 2-32.3 Purpose................................................................................................................................2-32.4 Jurisdiction..........................................................................................................................2-32.5 Compliance..........................................................................................................................2-32.6 Interpretation.......................................................................................................................2-32.7 Conflict.................................................................................................................................2-32.8 Severability..........................................................................................................................2-32.9 Saving Provision.................................................................................................................2-32.10 Effective Date......................................................................................................................2-32.11 Reservations and Appeals.................................................................................................2-32.12 Amendments.......................................................................................................................2-32.13 Appeals................................................................................................................................2-32.14 Administrative Officer.........................................................................................................2-3

3.0 ZONING MAP AND DISTRICTS 3-3\ 3.1 Establishment of Zoning Map............................................................................................3-33.2 Establishment of Districts and Overlays..........................................................................3-3

Figure A: Zoning Districts 3-3

\ 3.3 Authorized Uses and Requirements.................................................................................3-33.4 Recreational - REC..............................................................................................................3-3

3.4-01 Purpose and Description 3-3

3.4-02 Permitted Uses 3-3

3.4-03 Special Exceptions 3-3

3.4-04 Accessory Uses and Structures.........................................................................................................3-3

3.4-05 Development Standards Recreational - REC.....................................................................................3-3

3.4-06 Property Development Regulations....................................................................................................3-3

3.4-07 Building Standards 3-3

i City of Whiting Unified Development Ordinance

Table of Contents

3.4-08 Height Standards 3-3

3.4-09 Temporary Uses and Structures........................................................................................................3-3

3.4-10 Bulk Storage 3-3

3.4-11 Lighting 3-3

3.4-12 Parking and Loading 3-3

Figure B: REC Parking Isle Widths 3-3

Figure C: REC Loading Berth Requirements.....................................................................................................3-3

Figure D: REC Road Widths 3-3

3.4-13 Landscaping 3-3

3.4-14 Environmental Standards 3-3

3.4-15 Bicycle and Pedestrian Facilities........................................................................................................3-3

\ 3.5 Single-Family Detached Residential – R-SF.....................................................................3-33.5-01 Purpose and Description 3-3




3.5-05 Development Standards Single-Family Detached Residential – R-SF...............................................3-3





3.5-10 Lighting 3-3


Figure E: R-SF Parking Isle Widths 3-3

Figure F: R-SF Loading Berth Requirements.....................................................................................................3-3

Figure G: R-SF Road Widths 3-3



3.5-14 Home Occupation 3-3

\ 3.6 Medium Density Residential – R-MD-SZ...........................................................................3-33.6-01 Purpose and Description 3-3




3.6-05 Development Standards Medium Density Residential (R-MD-SZ).....................................................3-3




City of Whiting Unified Development Ordinance ii

Table of Contents


3.6-10 Lighting 3-3


Figure H: R-MD-SZ Parking Isle Widths.............................................................................................................3-3

Figure I: R-MD-SZ Loading Berth Requirements...............................................................................................3-3

Figure J: R-MD-SZ Road Widths 3-3





\ 3.7 High-Density Residential - R-HD-SZ..................................................................................3-33.7-01 Purpose and Description 3-3




3.7-05 Development Standards High Density Residential - R-HD-SZ...........................................................3-3





3.7-10 Lighting 3-3


Figure K: R-HD-SZ Parking Isle Widths.............................................................................................................3-3

Figure L: R-HD-SZ Loading Berth Requirements...............................................................................................3-3

Figure M: R-HD-SZ Road Widths 3-3





\ 3.8 Downtown Business – C-DB-SZ........................................................................................3-33.8-01 Purpose and Description 3-3




3.8-05 Development Standards Downtown Business – C-DB-SZ.................................................................3-3




iii City of Whiting Unified Development Ordinance

Table of Contents



3.8-11 Lighting 3-3


Figure N: C-DB-SZ Parking Isle Widths.............................................................................................................3-3

Figure O: C-DB-SZ Loading Berth Requirements..............................................................................................3-3

Figure P: C-DB-SZ Road Widths 3-3




\ 3.9 Boulevard Business - C-BB-SZ..........................................................................................3-33.9-01 Purpose and Description 3-3




3.9-05 Development Standards Boulevard Business – C-BB-SZ..................................................................3-3






3.9-11 Lighting 3-3


Figure Q: C-BB-SZ Parking Isle Widths.............................................................................................................3-3

Figure R: C-BB-SZ Loading Berth Requirements...............................................................................................3-3

Figure S: C-BB-SZ Road Widths 3-3




\ 3.10......................................................................................................Low-Impact Manufacturing I-LIM-SZ3-33.10-01 Purpose and Description 3-3




3.10-05 Development Standards Low Impact Manufacturing – I-LIM-SZ.......................................................3-3



City of Whiting Unified Development Ordinance iv

Table of Contents




3.10-11 Lighting 3-3


Figure T: I-LIM-SZ Parking Isle Widths3-3

Figure U: I-LIM-SZ Loading Berth Requirements...............................................................................................3-3

Figure V: I-LIM-SZ Road Widths 3-3




3.10-16 Industrial Performance Standards......................................................................................................3-3

Figure W: I-LIM-SZ Particulate Matter 3-3

Figure X: I-LIM-SZ Particulate Matter Formula...................................................................................................3-3

\ 3.11........................................................................High-Impact Manufacturing Special Zone I-HIM-SZ3-33.11-01 Purpose and Description 3-3




3.11-05 Development Standards High Impact Manufacturing – I-HIM-SZ.......................................................3-3








Figure Y: I-HIM-SZ Parking Isle Widths.............................................................................................................3-3

Figure Z: I-HIM-SZ Loading Berth Requirements...............................................................................................3-3

Figure AA: I-HIM-SZ Road Widths 3-3




3.11-16 Industrial Performance Standards......................................................................................................3-3

Figure BB: I-HIM-SZ Particulate Matter..............................................................................................................3-3

Figure CC: I-HIM-SZ Particulate Matter Formula...............................................................................................3-3

v City of Whiting Unified Development Ordinance

Table of Contents

\ 3.12.....................................................................................................................................Institutional INST-SZ3-33.12-01 Purpose and Description 3-3




3.12-05 Development Standards Institutional INST-SZ...................................................................................3-3








Figure DD: INST Parking Isle Widths 3-3

Figure EE: INST Loading Berth Requirements...................................................................................................3-3

Figure FF: INST Road Widths 3-3




\ 3.13...................................................................................................Lakefront Recreation – REC-LAKE-SZ3-33.13-01 Purpose and Description 3-3




3.13-05 Development Standards Lakefront Recreational – LAKE-REC-SZ....................................................3-3








Figure GG: REC-LAKS-SZ Parking Isle Widths.................................................................................................3-3

Figure HH: REC-LAKE-SZ Loading Berth Requirements...................................................................................3-3

Figure II: LAKE-REC-SZ Road Widths 3-3


City of Whiting Unified Development Ordinance vi

Table of Contents



\ 3.14............................................................................................................Planned Unit Development - PUD3-33.14-01 Purpose 3-3


3.14-03 Development Standards - Planned Unit Development - PUD............................................................3-3

3.14-04 Requirements 3-3

3.14-05 Development Standards 3-3

3.14-06 Open Space 3-3

3.14-07 Filing Procedure 3-3

3.14-08 Preliminary Development Plan...........................................................................................................3-3

3.14-09 Preliminary Development Plan Agency Review.................................................................................3-3

3.14-10 Preliminary Development Plan Procedure..........................................................................................3-3

3.14-11 Preliminary Plan Hearing 3-3

3.14-12 Final Detailed Plan 3-3

3.14-13 Final Detailed Plan Agency Review...................................................................................................3-3

3.14-14 Secondary Review Procedure............................................................................................................3-3

3.14-15 Secondary Review Hearing 3-3

3.14-16 Covenants and Maintenance..............................................................................................................3-3

3.14-17 Recording 3-3

3.14-18 Permit 3-3

3.14-19 Construction 3-3

3.14-20 Extensions, Abandonment, and Expiration.........................................................................................3-3

3.14-21 Rules of Procedure 3-3

3.14-22 Limitation of Rezoning 3-3

3.14-23 PUD Amendment Process 3-3

4.0 NON-CONFORMING USES 4-3\ 4.1 General Purpose.................................................................................................................4-34.2 Non-Conforming Lots of Record.......................................................................................4-34.3 Non-Conforming Structures...............................................................................................4-34.4 Non-Conforming Uses of Land..........................................................................................4-34.5 Non-Conforming Uses or Structures and Land in Combination....................................4-34.6 Distinction Between Illegal Non-Conforming and Legal Non-Conforming Structures

and Uses..............................................................................................................................4-34.7 Repairs and Maintenance...................................................................................................4-3

vii City of Whiting Unified Development Ordinance

Table of Contents

5.0 SPECIAL PROVISIONS 5-3\ 5.1 Accessory Uses and Structures........................................................................................5-35.2 Temporary Uses and Structures........................................................................................5-35.3 Small Wind Energy Conversion Systems.........................................................................5-35.4 Telecommunications Dishes and Antennas.....................................................................5-3

6.0 SUBDIVISION CONTROL 6-3\ 6.1 General provisions..............................................................................................................6-36.2 Administration and definitions..........................................................................................6-36.3 Procedure............................................................................................................................6-36.4 Surety...................................................................................................................................6-36.5 Principles and standards of design..................................................................................6-36.6 Standards for improvements and installations................................................................6-3

Figure JJ: Design Requirements of Street Pavements......................................................................................6-3

Figure KK: Dimensional Requirements of Street Pavements.............................................................................6-3

\ 6.7 Drainage, erosion, and sediment control..........................................................................6-36.8 Commercial and industrial subdivisions..........................................................................6-3

7.0 PETITIONS, PERMITS, AND PROCEDURES 7-3\ 7.1 Purpose................................................................................................................................7-37.2 Application and Permit Types............................................................................................7-37.3 Variance of Use...................................................................................................................7-37.4 Variance of Development Standards.................................................................................7-37.5 Special Exception...............................................................................................................7-37.6 Administrative Appeal........................................................................................................7-37.7 Zoning Map and Text Amendment....................................................................................7-37.8 Improvement Location Permit...........................................................................................7-37.9 NOTICE OF ABANDONMENT.............................................................................................7-37.10 Certificate of Zoning Compliance......................................................................................7-37.11 Administrative Appeal........................................................................................................7-37.12 Adherence to Other Regulations.......................................................................................7-37.13 Notification..........................................................................................................................7-37.14 Fees......................................................................................................................................7-3

City of Whiting Unified Development Ordinance viii

Table of Contents

8.0 REVIEW AND APPROVAL OF DEVELOPMENT PLANS 8-3\ 8.1 Purpose................................................................................................................................8-38.2 Development Review..........................................................................................................8-38.3 Hearing Examiner Approval...............................................................................................8-38.4 Plan Commission Approval...............................................................................................8-3

9.0 ADMINISTRATION AND ENFORCEMENT 9-3\ 9.1 Ordinance Administration..................................................................................................9-39.2 Advisory Plan Commission................................................................................................9-39.3 Advisory Board of Zoning Appeals...................................................................................9-39.4 Hearing Officer....................................................................................................................9-39.5 Inspection of Property – Right of Entry............................................................................9-39.6 Stop-Work Order.................................................................................................................9-39.7 Violations and Citations.....................................................................................................9-39.8 Permits and Fees................................................................................................................9-39.9 Complaints.......................................................................................................................... 9-39.10 Performance Guarantees...................................................................................................9-39.11 Effect on Annexation or Vacation or Zoning....................................................................9-39.12 Exclusion.............................................................................................................................9-3

10.0RULES OF PROCEDURE

ix City of Whiting Unified Development Ordinance

1.0Definitions

DEFINITIONSGeneral

The definitions contained in this section shall be observed and applied in the interpretation of all sections of this ordinance, except where the context clearly indicates otherwise. Furthermore, words used in the present tense, singular number, and masculine gender, shall also mean the future, plural, and feminine.(Res. No. 2006-01, § 19, 9-12-2006)

General Zoning DefinitionsThe following words and terms appearing in this ordinance shall have the following meanings:

Abandonment: The relinquishment of property or a cessation of the use of the property for a continuous period of one (1) year by the owner.

Accessory Building, Structure, or Use: A building, structure, or use which:

a. is subordinate to and serves a principal building, structure, or use in area, extent, or purpose

b. contributes to the comfort, convenience, or necessity of occupants of the principal buildings, structures, or principal uses served

c. does not alter or change the character of the premises

d. is located on the same zoning lot as the principal building, structure, or use

e. conforms to the setback, height, bulk, lot coverage, and other requirements of this ordinance unless otherwise provided for by this ordinance

f. may not be constructed prior to the time of construction of the principal building or structure

g. is not designed for human occupancy as a dwelling or commercial use

Accessory Dwelling Unit: An accessory dwelling that is subordinate to the single-family primary dwelling and shall not be more than forty-five percent (45%) of the square footage of the primary dwelling unit.

Administrator, Zoning: The officer appointed by the Mayor and/or delegated the responsibility for the administration of this ordinance's regulations by the Mayor and Plan Commission.

Adult Bookstore: An establishment having as a majority of its stock in trade or its dollar volume in trade, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records, or other forms of electronic conveyance or visual or audio representations which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or sexual anatomical areas.

General Zoning Definitions1 City of Whiting Zoning Ordinance

1.0 Definitions

Adult Entertainment Business: An adult bookstore, adult motion picture theater, adult cabaret, or adult live entertainment arcade, or like uses.

Advisory Plan Commission: A planning commission serving a single local government jurisdiction established as defined under IC § 36-7-1-2 (1983) as amended. The Whiting Plan Commission is an Advisory Plan Commission.

Aesthetics: The pleasantness of the total environment related to the perceptual aspects of the surroundings including their appearance to the eye and the comfort and enjoyment offered to the other senses.

Aisle: See "Maneuvering Space."

Alley: A public right-of-way, other than a street, road, crosswalk, or easement, that provides secondary access to abutting properties.

Animal Hospital/Clinic: See "Veterinary Animal Hospital/Clinic."

Animal Shelter: See "Kennel."

Annexation: The process by which a municipality may add territory to itself, as specified in IC § 36-4-3-1 to 36-4-3-21, as amended.

Apartment: One (1) or more rooms in an apartment building or combination apartment and commercial building, arranged, intended, designed, or occupied on a rental basis as a dwelling unit of a single family, an individual, or a group of individuals.

Apartment Building: A multi-family housing structure designed and constructed to accommodate three (3) or more apartments, in contrast to a single or two-family dwellings converted for multi-family use.

Applicant: The owner, owners, or legal representative of real estate who makes application to the Plan Commission and/or Board of Zoning Appeals for action by said commission or board affecting the real estate owned thereby.

Arterial Street: See Street, Arterial

Attached Building: A building that is structurally connected to another building by a foundation, wall, or roof line. Carports, garages, porch awnings and the like shall be considered attached buildings and abide by all regulations pertaining to primary buildings.

Auto Repair, Major: Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame, or fender straightening or repair; and overall painting of vehicles.

Auto Repair, Minor: Incidental repairs, replacement of parts, and motor service to automobiles but excluding any operation specified under "Automobile Repair, Major."

Automobile Service Station: Any building or premises used for the dispensing, sale, or offering for sale at retail to the public, automobile fuels stored only in underground

General Zoning DefinitionsCity of Whiting Zoning Ordinance 2

1.0Definitions

tanks and located wholly within the lot lines; lubricating oil or grease for the operation of automobiles; and the sale and installation of tires, batteries, other minor accessories, and minor auto repair, but not including a bulk plant, conducting of major auto repairs, automobile wrecking, automobile sales, or automobile laundries; provided, however, that the washing of individual automobiles where no chain conveyor is employed may be included.

Awning: A temporary roof-like cover that projects from the wall of a building and may overhang the public way.

Barrier Curb: See "Curb, Barrier."

Bed and Breakfast Facility: An owner occupied or owner employee occupied residence containing no more than six (6) guest rooms for hire, for lodging by pre-arrangement for periods not to exceed three (3) consecutive weeks and providing for occasional meals daily (usually breakfast) and not a hotel, boarding, lodging house or motel.

Berm: A man-made, formed, earth mound of definite height and width used for landscaping and obscuring purposes, the intent of which is to provide a transition between uses of differing intensity.

Bicycle-Compatible Roadway: A road designed to accommodate the shared use of the roadway by bicycles and motor vehicles.

Bicycle Lane: A lane at the edge of a roadway reserved and marked for the exclusive use of bicycles.

Bicycle Path: A pathway designed to be used by bicyclists.

Block: Property abutting on one side of a street and lying between the two (2) nearest intersecting or intercepting streets, intersecting railroad, intersecting waterway, or the end of a dead end street.

Block, Improved: A block where 25 percent or more of the lots on the block frontage are occupied by buildings. An Improved Block shall contain at least three lots or parcels, each containing a legally established building. For the purposes of determining front setbacks for new buildings, an Improved Block consists of one (1) side of the street, not interrupted by any streets, alleys, or other rights-of-way. In any case where a proposed building site has no buildings within 300 feet in either direction on the same side of the street, the property shall be considered to be an Unimproved Block.

Block, Unimproved: Any block lacking sufficient existing buildings to meet the definition of an Improved Block.

Blow-Off: An outfall in a pipe through which water or sediment can be discharged from a lower sewer.

Board: The City of Whiting Board of Zoning Appeals or any division thereof, as the case may be.

Boarding House: An establishment with lodging for five or more persons where meals are regularly prepared and served for compensation and where food is placed


1.0 Definitions

upon the table family style, without service or ordering of individual portions from a menu.

Bond: Any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the Plan Commission. All bonds shall be approved by the Plan Commission wherever a bond is required by these regulations.

Buffer Landscaping: Any trees, shrubs, walls, fences, berms, space, or related landscaping features required under this ordinance on private lots, and privately maintained, for buffering lots from adjacent properties or public rights-of-way for the purpose of increasing privacy and aesthetics.

Bufferyards: An area adjacent to front, side and rear property lines, measured perpendicularly from adjacent property lines and/or right-of-way lines, intended to provide attractive spaces to reduce the impacts of proposed uses on adjacent property or natural features and to screen incompatible uses from each other. Buffers also help to maintain existing trees or natural vegetation, to block or reduce noise, glare or other emissions and to maintain privacy.

Building: A structure having a roof supported by columns or walls, for the shelter, support, or enclosure of persons, property, or animals; and when separated by division walls from the ground up and without openings, each portion of such building shall be deemed as a separate building.

Building Area: The horizontal area of the buildings on a lot, measured from the outside exterior walls, excluding open areas or terraces, stairs, unenclosed porches or decks, and architectural features that project no more than two (2) feet.

Building Code: The City ordinance establishing and controlling the standards for constructing mechanical equipment, and all forms of permanent structures and related matters within the City. Also referred to herein as the Whiting Building Code.

Building, Detached: A building having no structural connection with another building.

Building Footprint: The profile of a building or structure as viewed from above the roof looking downward toward ground level.

Building Line: The line that establishes the minimum permitted distance on a lot between the building and property lines or right-of-way.

Building, Principal: A building in which is conducted the main or principal use of the lot on which said building is situated. Where a substantial part of an accessory building is attached to the principal building in a substantial manner, as by a roof, such accessory building shall be counted as a part of the principal building.

Burn Barrel: Any container used for the outdoor incineration of waste material, yard debris, etc.

Business: The engaging in the purchase, sale, barter, or exchange of goods, wares, merchandise, or services, or the maintenance or operation of offices, recreational, or amusement enterprises.


1.0Definitions

Business District: Refers to C-DB and C-BB Districts.

Board of Zoning Appeals: The Board of Zoning Appeals of the City [of] Whiting, Indiana.

Campground: Any site, lot, field, or tract of land designed with facilities for short-term occupancy by recreational vehicles and other camping equipment but not including mobile homes.

Capital Improvement Plan: See "Plan, Capital Improvement."

Capped System: A completed water supply and/or sewage system put in place for future use (contingent upon expansion), rather than to meet immediate development needs.

Cartway: The actual road surface area from curbline to curbline, which may include travel lanes, parking lanes, and deceleration and acceleration lanes. Where there are no curbs, the cartway is that portion between the edges of the paved, or hard surface, width.

Car Wash: Any permanent structure or facility used for the principal purpose of washing, cleaning, or polishing the exterior and/or interior of motor vehicles for a fee.

Central Sewerage System: The community sewer system including collection and treatment facilities owned and maintained by the City of Whiting.

Central Water System: The community water supply system including existing and new wells and/or surface water sources and intakes, treatment facilities, and distribution lines and includes such of the above facilities established by the developer to serve a new subdivision or commercial/industrial development.

Certificate of Occupancy: A certificate stating that the occupancy and use of a building or structure complies with the provisions of this ordinance and the Whiting Building Code.

Channel: The bed and banks of a natural stream which convey the constant or intermittent flow of the stream.

Channelization: The straightening and deepening of channels and/or the surfacing thereof to permit water to move rapidly and/or directly.

City: The City of Whiting, Indiana.

Clinic: An establishment in which human patients are admitted for medical or dental study or treatment and in which the services of at least two (2) physicians or dentists are provided.

Club: A building or portion thereof or premises owned or operated by a person for a social, literacy, political, educational or recreational purpose primarily for the exclusive use of members and their guests, but not including any organization, group or association, the principal activity of which is to render a service usually and ordinarily carried on as a business.


1.0 Definitions

Cluster Development: See "Planned Unit Development."

Collector Street: See "Street, Collector."

Commission: The City of Whiting Plan Commission.

Common Open Space: See "Open Space, Common."

Component Home: See "Manufactured Home."

Composting: A controlled process of degrading organic material by microorganisms.

Composting Facility: Any location, structure, or facility where composting takes place.

Comprehensive Plan: See "Plan, Comprehensive."

Conceptual Plan: See "Plan, Conceptual."

Conditional Use: Special provisions or requirements applicable to specific uses in certain zoning districts. If specified conditions are met as determined in this ordinance or by the Administrator, no further approval is required.

Condominium: Real estate lawfully subject to IC § 32-1-6 (1-31), (the Horizontal Property Law), by the recordation of condominium instruments, in which undivided interests in the common areas and facilities are vested in the condominium unit owners.

Conforming Manufactured Home: Pursuant to Public Law 312, Acts of 1981 (IC § 36-7-4-1106), a residence constructed after January 1, 1981, that exceeds nine hundred fifty (950) square feet of occupied space and which is installed as a permanent dwelling unit which may be placed or constructed providing it complies with setback, side and rear yard, parking space, and minimum square footage requirements for the district in which it is located, and the underfloor space requirements of the Whiting Unified Zoning and Subdivision Control Ordinance.

Construction Plan: See "Plan, Conceptual."

Contingent Use: A use contemplated by the ordinance, which is likely or liable but not certain to occur, and is compatible with the essential design of a particular district although the use is contrary to the restrictions imposed thereon.

Convenience Store: Any commercial location, facility, or structure where gasoline and groceries (including food, drink, and household items) are sold on the same premises.

Conventional Development: Development other than planned development.

Correctional Facility: A building or series of buildings used for the purpose of confining criminals.

Council: The Common Council of the City of Whiting, Indiana.

County: Lake County, Indiana.


1.0Definitions

Covenants: Private and legal restrictions of various kinds on the usage of lots within a subdivision which are proposed by the subdivider and, in the case of public health, safety and welfare, by the Plan Commission, that are recorded with the plat and deed. Covenants can also be placed on commercial and industrial developments.

Cul-De-Sac: A short street having one (1) end open to traffic and being permanently terminated by a vehicular turn-around.

Culvert: A structure designed to convey a watercourse not incorporated in a closed drainage system under a road or pedestrian walk.

Curb: A vertical or sloping edge of a roadway.

Curb, Barrier: A steep-faced curb intended to prevent encroachments.

Curb, Mountable: A low curb with a flat slope designed to be crossed easily without discomfort.

Day Care Center: Any institution operated for the care of children, licensed pursuant to IC § 12-17.4, and as defined by IC § 12-7-2-29.

Dedication: The setting apart of land or interests in land for use by the public by ordinance, resolution, or entry in the official minutes as by the recording of a plat.

Density: The number of buildings, offices, or housing units on a particular area of land.

Density, High: Those residential districts in which the density is not in excess of ten (10) dwelling units per acre.

Density, Low: Those residential districts in which the density is equal to or less than four (4) dwelling units per acre.

Density, Medium: Those residential districts in which the density is less than or equal to eight (8) dwelling units per acre, but not less than five (5) dwelling units per acre.

Design Flood: See "Regulatory Flood."

Design Standards: Standards that set forth specific improvement requirements, including but not limited to Standards for Acceptance of Municipal Improvements.

Design Standards Variance: See "Variance, Design Standards/Development Regulations."

Detached Building: A building that has no structural connection with the principal building.

Detention Basin: A man-made or natural water collector facility designed to collect surface and subsurface water in order to impede its flow and to release the same, gradually, at a rate not greater than that prior to the development of the property, into natural or man-made outlets.

Developer: The owner or legal representative of land proposed to be subdivided or commercially/industrially utilized. Consent for making applications for development approval shall be required from the legal owner of the premises.


1.0 Definitions

Development Plan: See "Plan, Development."

Development Regulation: Zoning, subdivision, site plan, official map, flood plain regulation, or other governmental regulation of the use and development of land.

Development Regulation Standards: See "Design Standards."

Development Regulation Variance: See "Variance, Design Standards/Development Regulations."

District: A section of the City of Whiting for which uniform zoning regulations governing use, height, area, size, intensity of use of buildings and land, and open spaces about buildings, as established by this ordinance.

Divided Street: See "Street, Divided."

Drainage: The removal of surface water or groundwater from land by drains, grading, or other means.

Drainage Facility: Any component of the drainage system.

Drainage System: The system through which water flows from the land, including all watercourses, water bodies, and wetlands.

Drive-In: An establishment selling foods, desserts, or beverages to consumers, the establishment being designed, intended or used for the consumption of such items on the premises outside of the building in which they were prepared.

Drives, Private: See "Street, Private."

Duplex: Any structure which contains only two (2) dwelling units; a two-family dwelling.

Dwelling: A building or structure or portion thereof, conforming to all requirements applicable to the residential use districts and Whiting Building Code, used exclusively for residential occupancy, including single-family dwelling units, two-family dwelling units, and multi-family dwelling units, but excluding hotels, boarding houses, and lodging houses.

Dwelling, Multi-Family: A residential building designed for or occupied by two (2) or more families, with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling, Single-Family: A detached residential dwelling unit designed for and occupied by one (1) family.

Dwelling, Two-Family: A detached residential building containing two (2) dwelling units designed for occupancy by not more than two (2) families. (See also "Duplex.")

Dwelling Unit: Any structure or portion thereof designed for or used for residential purposes as a self-sufficient or individual unit by one (1) family or other social association of persons and having permanently installed cooking and sanitary facilities.


1.0Definitions

Easement: A grant by a property owner to specific persons, the general public, corporations, utilities, or others, for the purpose of providing services or access to the property.

Environmental Constraints: Features, natural resources, or land characteristics that are sensitive to improvements and may require conservation measures or the application of creative development techniques to prevent degradation of the environment, or may require limited development, or in certain instances may preclude development.

Erosion: The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice or gravity.

Escrow: A deed, a bond, money, or a piece of property delivered to a third person to be delivered by him to the grantee only upon fulfillment of a condition.

Essential Services: The phrase "Essential Services" means the erection, construction, alteration or maintenance by public utilities or municipal departments or commissions of underground, surface, or overhead electrical, gas, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles and other similar equipment and accessories in connection therewith, but not including buildings reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or including electrical substations. No permit is required for essential services.

Expressway/Freeway: Any roadway that operates at a high service level, consists of limited access, is divided, carries region-wide traffic and is generally classified as part of an interstate system.

Family: An individual, or two (2) or more persons related by blood, marriage, or adoption, or a group of not more than three (3) persons, not related by blood, marriage, or adoption, living together as a single housekeeping unit in a dwelling unit.

Farm: An area used for agricultural operations, forestry, the operating of a tree or plant nursery, or the production of livestock and poultry.

Fence: A structure designed and constructed for enclosures and/or screening. A hedge serving the same purposes as a fence shall be considered a fence.

Fee Schedule: See "Official Fee Schedule."

Filling Station: Any establishment supplying and selling motor fuel or oil direct to motor vehicles.

Final Approval: The official action of the Plan Commission taken on a preliminarily approved major subdivision or site plan, after all conditions, engineering plans, and other requirements have been completed or fulfilled and the required improvements have been installed, or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantee (generally referred to as secondary approval).


1.0 Definitions

Final Plat: The final map of all or a portion of a development which is presented for final approval (generally referred to as secondary plat).

Flood Control: The prevention of floods, the control, regulation, diversion or confinement of flood water or flood flow, and the protection therefrom, according to sound and accepted engineering practice, to minimize the extent of floods, and the death, damage, and destruction caused thereby.

Flood Plain: The relatively flat area or low land adjoining the channel of a river or stream which has been or may be covered by flood water. The flood plain includes the channel, floodway, and floodway fringe. Flood plain boundaries are to be determined by using the Floodway Flood Boundary Maps of the Federal Insurance Administration.

Flood Protection Grade: The elevation of the lowest point around the perimeter of a building at which floodwaters may enter the interior of the building.

Floodway: See "Regulatory Floodway."

Floor Area: The horizontal area of all floors of buildings or structures.

Footprint: See "Building Footprint."

Foundation: The supporting member of a wall or structure.

Freeway: See "Expressway."

Front Line: With respect to a building, the foundation line that is nearest the front lot line.

Front Lot Line: For an interior or through lot, the line marking the boundary between the lot and the abutting street right-of-way or a lake or watercourse; and

For a corner lot, the line marking the boundary between the lot and the shorter of the two (2) abutting street right-of-way segments; except as deed restrictions specify otherwise.

Front Yard: The horizontal space between the nearest foundation of a building to the Front Lot Line, extending to the side lines of the lot, and measured as the shortest distance from that foundation to the Front Lot Line. The front yard of a corner lot shall be that yard abutting the street upon which the lot has its least frontage, except as deed restrictions specify otherwise.

Frontage: All property of a lot fronting on a street right-of-way, as measured between side lot lines.

Garage, Private: An accessory building with capacity for not more than three (3) motor vehicles per dwelling unit, not more than one (1) of which may be a commercial vehicle of not more than three (3) tons GVW. In the Medium Density Residential and High Density Residential districts a private garage shall have a maximum capacity for not more than two (2) motor vehicles per dwelling unit and, while multiple private garages may be present on a site, there shall be no more than one private garage per dwelling unit.


1.0Definitions

Garage, Public: Any building, except those defined herein as a private garage, used for the storage or care of motor vehicles, or where such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sale.

Garage Sale: See "Sale, Garage/Yard."

General Development Plan: See "Plan, General Development."

Governing Body: See "Council."

Grade: The slope of a street, or other public way, specified in percentage (%) terms.

Greenhouse, Commercial: Any location, facility, or structure where plants are grown indoors for sale.

Greenhouse, Residential: Any accessory use, structure, or addition to a residential property where plants are grown indoors for hobby, personal use, or personal consumption. Also, any accessory use, structure, or addition to a residential property being primarily constructed of glass or other translucent materials.

Ground Cover: A planting of low-growing plants or sod that in time forms a dense mat covering the area, preventing both soil from being blown or washed away and the growth of unwanted plants.

Ground Floor Area: See "Building Area."

Group Home: A residential facility for the developmentally or mentally disabled, as defined and regulated under IC § 12-28-4.

Gutter: A shallow channel usually set along a curb or the pavement edge of a road for purposes of catching and carrying off runoff water.

Hardship: A difficulty with regard to one's ability to improve land stemming from the application of the development standards of this ordinance, which may or may not be subject to relief by means of variance. In and of themselves, self-imposed situations and claims based on a perceived reduction of, or restriction on, economic gain shall not be considered hardships. Self-imposed situations include: the purchase of land with actual or constructive knowledge that, for reasons other than physical characteristics of the property, the development standards herein will inhibit the desired improvement; any improvement initiated in violation of the standards of this ordinance; any result of land division requiring variance from the development standards of this ordinance in order to render that site buildable.

Hearing Examiner: A public official who has authority to hold public hearings in connection with applications for Development Plan Review and has the authority to make limited approval or denial decisions. More information regarding the Hearing Examiner can be found in the Plan Commission’s Rules of Procedure.

Height of Building: The vertical distance measured from the highest ground level at the foundation to the highest point of the roof, or any projection thereof.

High Density: See "Density, High."


1.0 Definitions

Historic District: An area related by historical events or themes, by visual continuity or character, or by some other special feature that helps give it a unique historical identity, which may be designated as such by local, state, or federal government.

Historic Site: A structure or place of historical significance, which may be designated as such by local, state, or federal government.

Home Occupation:

A. An occupation carried on in a dwelling by the resident thereof, not involving:

1. on-premise retail sales as a primary function;

2. the employment of any additional persons in the performance of such services except members of the immediate family residing on the premises;

3. the use of any mechanical equipment, other than is usual for purely domestic or hobby purposes; or;

4. exterior storage of equipment or materials used in connection with the home occupation;

5. the use of more than twenty-five (25) percent of the total floor area of one-story;

6. the alteration of the "residential" appearance in such a way that the structure resembles a "business";

7. the paving and/or allowing of additional parking on the front, side or rear yard of a residential property;

8. substantial increases in vehicular traffic to and from the Home Occupation location.

B. Permitted home occupations shall be of a personal service nature limited to domestic crafts and professional services.

C. Permitted home occupation uses are deemed so until the Council, Plan Commission or Board of Zoning Appeals rule the use to be a nuisance, or until all adjacent neighbors petition to the City that the use is a nuisance.

D. A permit must be acquired to begin the conversion of a home and the start of operations as a home occupation.

E. A business telephone in itself does not define a home occupation or a permitted home occupation.

F. A home occupation permit is not transferable upon the transfer of property.

Hotel: A building in which lodging or board and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours.


1.0Definitions

As such, it is open to the public. Compensation is usually assessed on a day-to-day basis.

Hospital: An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, or care for three (3) or more non-related individuals suffering from illness, disease, injury, deformity, or other abnormal physical conditions. The term "hospital" as used in this ordinance does not apply to institutions operating primarily for treatment of insane persons, drug addicts, alcoholics, and other types of cases necessitating restraint of patients, and the term "hospital" shall not include convalescent, nursing, shelter, or boarding homes.

Impervious Surface: A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water, such as concrete, cement, asphalt, brick, paving block, rooftops, etc.

Impoundment: A body of water, such as a pond, confined by a dam, dike, floodgate, or other barrier.

Improved Block: See "Block, Improved."

Improvement: Any man-made, immovable item which becomes part of, is placed upon, or is affixed to, real estate; facilities which aid in land development.

Improvement Location Permit: A permit signed by the Administrator stating that a proposed improvement complies with the provisions of this ordinance and such other ordinances as may be applicable.

Incinerator: A device, structure, or facility designed to reduce waste volume by combustion, consisting of refuse handling and storage facilities, furnaces, combustion chambers, subsidence chambers, residue handling and removal facilities, and chimneys.

Industrial District: Refers to the I-LIM and I-HIM Districts.

Industrial Park: A planned industrial district not less than twenty (20) acres in area developed within the I or PD-I zoning districts, in which buildings and land may be used for research, office, experimental or testing laboratories, light industrial, non-nuisance manufacturing, storage and distribution facilities, and other customary uses.

Integrated Center: A building containing a number of individual, unrelated and separately operated uses which share common site facilities and services such as driveway entrances and exits, parking areas, truck loading, maintenance, sewer and water utilities, or similar common facilities and services; or one or more buildings containing individual, unrelated and separately operated uses, occupying a site under one (1) ownership of management for leave, and utilizing one (1) or a combination of the aforementioned common services.

Interior Lot: See "Lot, Interior."

Interstate: See "Expressway."


1.0 Definitions

Island: With respect to street design, a raised area, usually curbed, placed to guide traffic and separate lanes, or uses for landscaping, signing, or lighting.

Junk: Old, cast off, or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article of material which is composed of, but not limited to, copper, brass, rags, batteries, paper, trash, rubber, stone, wrecked or dismantled automobiles, trucks, trailers, farm machinery or other vehicles or equipment, or parts thereof, iron, steel and other old or scrap ferrous or non-ferrous metal.

Junk Yard/Salvage Yard: A structure or place, usually outdoors, where waste or discarded used property other than putrefying matter is accumulated or stored and is or may be salvaged for re-use or resale, including, but not limited to, one (1) or more unlicensed or inoperable motor vehicle or farm machinery or equipment of any kind.

Jurisdiction: The territory under the regulatory control of the Whiting Plan Commission as described on the map entitled Jurisdictional Area of Whiting, Indiana.

Landscaping: The improvement of a lot with grass, shrubs, trees, and other vegetation and/or ornamental objects. Landscaping may include pedestrian walks, flowerbeds, berms, fountains and other similar natural and manmade objects designed and arranged to produce an aesthetically pleasing effect.

Light Industrial Use: Manufacturing, processing, heavy repairing, dismantling, or storage, in which all operations, other than transportation, are performed entirely within enclosed buildings and for which all loading and unloading facilities are enclosed.

Limited Access Highway: A highway to which abutting properties are denied access.

Loading and Unloading Berths: The off-street area required for the receipt or distribution by vehicles of material or merchandise, which in this ordinance is held to be, at minimum, a twelve (12) foot by thirty (30) foot loading space with a fourteen (14) foot height clearance, paved with a hard surface.

Local Street: See "Street, Local."

Lodging House: A building, not available to transients, in which lodgings are regularly provided for compensation for at least three (3) but not more than thirty (30) persons.

Lot: A parcel of land occupied or to be occupied by one (1) or more buildings and uses including the open spaces required under this ordinance. A lot may be land so recorded on official records or it may include parts or a combination of such lots when adjacent to one another, provided such ground is used for only one (1) principle use, or may be a parcel of land described by metes and bounds.

Lot, Corner: A lot situated at the intersection of two (2) streets or which fronts a street on two (2) or more sides.

Lot Coverage: The area of a lot occupied by the principal building and any accessory buildings.


1.0Definitions

Lot Depth: The horizontal distance between the front and rear lot lines.

Lot, Interior: A lot other than a corner lot or through lot.

Lot Line, Front: In the case of an interior lot, a line separating the lot from the street or place; and in the case of a corner lot, a line separating the lot from each street or place.

Lot Line, Rear: A lot line which is opposite and most distant from the front lot line, and in case of an irregular or triangular-shaped lot, a line ten (10) feet in length within the lot, parallel to and at a maximum distance from the front lot line.

Lot Line, Side: Any lot boundary line not a front lot line or a rear lot line.

Lot, Through: A lot fronting on two (2) parallel or approximately parallel streets and includes lots fronting on both a street and a watercourse or lake.

Lot Width: The distance between the side lot lines as measured on the building line.

Low Density: See "Density, Low."

Main: In any system of continuous piping, the principal artery of the system to which branches may be connected.

Maintenance Guarantee: Any security which may be required and accepted by a governmental agency to ensure that necessary improvements will function as required for a specific period of time.

Maneuvering Space: An open space in a parking area which:

A. is immediately adjacent to a parking space;

B. is used for and/or is necessary for turning, backing or driving forward a motor vehicle into such parking space, but;

C. is not used for the parking or storage of motor vehicles.

Marker (Survey): A stake, pipe, rod, nail, or any other object which is not intended to be a permanent point for record purposes.

Master Plan: See "Plan, Comprehensive."

Median: That portion of a divided highway separating lanes of traffic proceeding in opposite directions.

Medium Density: See "Density, Medium."

Mobile Home: Any housing unit defined or titled by the State of Indiana as a "Mobile Home" and/or any portable structure eight (8) feet or more wide, thirty (30) feet or more long, designed primarily for year-round residency, was originally designed and transported with its own running gear, and by the nature of its design does not require a permanent foundation.


1.0 Definitions

Mobile Home Parks: Any site, lot, field, or tract of land under single ownership, or ownership of two (2) or more persons upon which two (2) or more mobile homes to be used for human habitation are parked, either free of charge or for revenue purposes, and shall include any street used or intended for use as part of the facilities of such mobile home park. A mobile home park does not include a mobile home sales area on which unoccupied mobile homes are parked for inspection or sale.

Mobile Home Park Street: A public or private way other than an alley which affords a primary means of access to abutting property within a mobile home park.

Mobile Home Subdivision: Any site, lot, field, or tract of land under single ownership, or ownership of two (2) or more persons, which is to be divided into smaller sites, lots, fields, or tracts of land, which smaller sites, lots, fields, or tracts of land are to be sold for use by the purchaser to park such purchaser's mobile homes.

Monument (Survey): A permanent physical structure which marks the location of a corner or other survey point.

Motel: An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot, and designed for use by transient automobile tourists. A motel furnishes customary hotel services such as maid service and laundering of linen, telephone, secretarial, or desk service, and the use and upkeep of furniture.

Motor Vehicle: Any passenger vehicle, truck, tractor, tractor-trailer, truck-trailer, trailer, or semi-trailer propelled or drawn by mechanical power.

Mountable Curb: See "Curb, Mountable."

Moving Lane: Any traffic lane where traffic movement is the primary if not sole function.

Mulch: A layer of wood chips, dry leaves, straw, hay, plastic, or other materials placed on the surface of the soil around plants to retain moisture, prevent weeds from growing, hold the soil in place, aid in plant growth, or improve the general aesthetic quality.

Non-Conforming Building: A building, structure, or portion thereof, which lawfully existed prior to the adoption of this ordinance that could not now be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk, or other requirements concerning the structure.

Non-Conforming Use: A use which lawfully existed prior to the adoption of this ordinance and which does not conform with the use regulations of the district in which it is located.

Nuisance: The use of land or behavior that brings harm or substantial annoyance to adjacent property owners or the public in general.

Nursing Home: See "Rest Home."

Official Fee Schedule: Schedule of fees established by City Council and maintained in the Clerk-Treasurer's office which specifies all current permit fees, rates, penalties, etc.


1.0Definitions

Off-Site: Located outside the lot lines of the lot in question but within the property (of which the lot is a part) that is the subject of a development application, or in a contiguous portion of a street or right-of-way.

Off-Site Improvements: Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval, upon which is located improvements required by or related to the property to be subdivided.

Off-Street Parking Space: See "Parking Space, Off-Street."

Off-Tract: Not located on the property that is the subject of a development application nor on a contiguous portion of a street or right-of-way.

On-Site: Located on the lot in question.

On-Street Parking Space: See "Parking Space, On-Street."

On-Tract: Located on the property that is the subject of a development application or on a contiguous portion of a street right-of-way.

Open Space: An area of land not covered by buildings, parking structures, or accessory uses except for recreational structures. Open space may include nature areas; streams and flood plains; meadows or open fields containing baseball, football, and soccer fields; golf courses, swimming pools, bicycle paths, etc. Open Space does not include street rights-of-way, platted lot area, private yard, patio areas, or land scheduled for future development.

Open Space, Common: Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development. It may include complementary structures and improvements.

Open Space, Public: An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency, or other public body for recreational or conservational uses.

Outdoor Cafe: Any portion of food establishment or eating or drinking place located on a public sidewalk or public open space that may provide waiter or waitress service and is unenclosed.

Outdoor Sales: See "Sales"

Outdoor Storage: See "Storage, Outdoor."

Owner: Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land, or their legal representative.

Parcel: A piece of land having a legal description formally set forth in a conveyance together with a description of its location, shape, and size, in order to make possible its easy identification.


1.0 Definitions

Parking, Off-Street: A parking space provided in a parking lot, parking structure, or private driveway.

Parking, On-Street: A parking space that is located on a dedicated street right-of-way.

Parking Area, Public: An open area, other than a street or alley, designed for use or used for the temporary parking of more than four (4) motor vehicles when available for public use, whether free or for compensation or as an accommodation for clients or customers, and paved with a hard surface.

Parking Lane: A lane generally located on the sides of streets, designed to provide on-street parking for vehicular traffic.

Parking Space, Automobile: Space within a public or private parking area for the storage of one (1) passenger automobile or commercial vehicle under a one and one-half (1 1/2) ton capacity.

Pavement: An asphalt, concrete, cement, or brick surface.

Performance Bond: An amount of money or other negotiable security paid by the subdivider or his surety to the City which guarantees that the subdivider will perform all actions required by the City regarding an approved plat, and provides that if the subdivider defaults and fails to comply with the provisions of an approved plat, the subdivider or his surety will pay damages up to the limit of the bond, or the surety will itself complete the requirements of the approved plat.

Permanent Foundation: A structural system for transposing loads from a structure to the earth at a depth below the established frost line without exceeding the safe bearing capacity of the supporting soil.

Permanent Perimeter Enclosure: A permanent perimeter structural system completely enclosing the space between the floor joists of the home and the ground, except for the necessary openings, constructed in accordance with the Whiting Building Code.

Person: A corporation, firm, partnership, association, organization, unit of government, or any other group that acts as a unit, as well as a natural person.

Pervious Surface: A surface that permits full or partial absorption of stormwater, such as grass and other vegetation, soil, water bodies, gravel, approved open-center paving block, etc. Decks made of wood and other materials shall be considered pervious if not built over an impervious slab or foundation and if slats are spaced a minimum of one eighth ( 1/8) inch apart.

Plan: In reference to documentation, The Comprehensive Plan of Whiting, Indiana, 2000, and any other supporting or accompanying ordinances, plans, resolutions, rules, or regulations and including their provisions, except where the context clearly indicates otherwise.

Plan, Capital Improvement: A proposed schedule of future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project. Major projects requiring the expenditure of public funds, over and above the annual local government's operating expenses, for the purchase,


1.0Definitions

construction, or replacement of the capital improvements for the community are included.

Plan Commission: The Plan Commission of the City of Whiting.

Plan, Comprehensive: A long-range plan intended to guide the growth and development of the community; including physical, social, and economic analysis, recommendations, proposals, plans, and policies in graphic statement forms for the development of the jurisdiction and adopted by the Plan Commission pursuant to the IC § 36-7-4-500 series and including any part and/or policies separately adopted and any amendment to such plan or parts thereof.

Plan, Conceptual: A preliminary presentation and attendant documentation of a proposed subdivision or site plat showing the specific location and design of improvements to be installed for the subdivision or site in accordance with the requirements of this Plan as a condition of the approval of the plat.

Plan, Construction: See "Plan, Conceptual."

Plan, Development: A drawing, including a legal or site description of the real estate involved, which shows the location and size of all existing and proposed easements; widths and lengths of all entrances and exits to and from said real estate; location of all adjacent or adjoining streets; all of which presents a unified and organized arrangement of buildings and service facilities and other improvements such as planting areas, which shall have a functional relationship to the real estate comprising the planned development and to the uses of properties immediately adjacent to the proposed development.

Plan, General Development: A plan outlining general, rather than detailed, development intentions. It describes the basic parameters of a major development proposal, rather than giving full engineering details. As such, it allows general intentions to be proposed and discussed without the extensive costs involved in submitting a detailed proposal.

Plan, Thoroughfare: A plan which includes a street plan, sets forth the location, alignment, dimensions, identification, and classification of existing and proposed streets, and other thoroughfares.

Planned Unit Development (PUD): A large-scale unified development meeting the requirements for zoning approval under the provisions of Section VI of this ordinance. Generally, a planned development consists of a parcel or parcels of land, controlled by a single landowner, to be developed as a single entity which does not correspond in size of lots, bulk or type of buildings, density, lot coverage, and required open space to the regulations established in any district specified in this ordinance. This may result in more attractive and affordable development than conventional developments would allow. Clustered housing (dwellings built in innovative lot arrangements around common open space) and zero lot line housing (dwellings built immediately adjacent to lot lines) are possible as part of planned developments. A planned development requires approval through a zoning map amendment.

Plat: A map or chart that shows a division of land and is intended to be filed for record.


1.0 Definitions

Plat, Primary: The primary plat, pursuant to IC § 36-7-4-700 series, is the plat and plans upon which the approval of a proposed subdivision are based. The primary plat and plans shall be subject to public notice and public hearing according to law and according to Plan Commission rules. (Under former State statutes, the primary plat was referred to as a "preliminary" plat.)

Plat, Secondary: The secondary plat, pursuant to IC § 36-7-4-700 series, is the final plat document in recordable form. A secondary plat shall substantially conform with the preceding primary plat, or section thereof. The secondary plat and plans are not subject to public notices and public hearings. Secondary plat approval is an administrative function to be carried out in the manner prescribed by the written rules of the Plan Commission rules, either in public meeting or by the Administrator. (Under former state statutes, the secondary plat was referred to as the "Final" Plat.)

Porch: A roofed-over structure projecting out from the wall or walls of a main structure and commonly open to the weather in part.

Whiting Building Code: See "Building Code."

Practical Difficulty: A difficulty with regard to one's ability to improve land stemming from regulations of this ordinance. A practical difficulty is not a "hardship", rather it is a situation where the owner could comply with the regulations within this ordinance, but would like a variance from the Development Standards to improve his site in a practical manner. For instance, a person may request a variance from a side yard setback due to a large tree which is blocking the only location that would meet the Development Standards for a new garage location.

Primary Plat: See "Plat, Primary."

Principal Building/Structure: The building or structure in which the principal use of the lot or premises is located or conducted, with respect to residential uses, the principal building or structure shall be the main dwelling.

Principal Use: The main use of land or buildings as distinguished from an accessory use. A principal use may be either a permitted use or a special exception.

Private School: Private preprimary, primary, grade, high or preparatory school or academy.

Private Street: See "Street, Private."

Professional Office: An office used by members of a recognized profession such as architects, artists, dentists, engineers, lawyers, musicians, physicians, surgeons or pharmacists, and realtors or insurance agents and brokers.

Public Improvements: Any storm drainage facility, street, highway, parkway, sidewalk, pedestrian-way, tree, lawn, off-street parking area, lot improvement, utility, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.

Public Open Space: See "Open Space, Public."


1.0Definitions

Public Parking Area: See "Parking Area, Public."

Public/Private Parking Area: A group of parking spaces in an open area not including any part of a street or alley, designed or used for temporary parking of motor vehicles.

Public Street: See "Street, Public."

Public Structure: See "Structure, Public."

Public Utility: Any person, firm, or corporation duly authorized to furnish under public regulation to the public, electricity, gas, steam, telephone, fiber optics, transportation, water, or sewerage systems.PUD See "Planned Unit Development."

Rear Lot Line: See "Lot Line, Rear."

Rear Yard: See "Yard, Rear."

Recreational Vehicle: A portable vehicular structure designed as a temporary dwelling for travel and vacation uses which.

A. is identified on the unit by the manufacturer as a travel trailer;

B. is a structure mounted on, or towed by, an automobile or truck; and;

C. is designed to be used for sleeping and human habitation

Recreational Vehicle Park: Any site, lot, field, or tract of land under single ownership, or ownership of two (2) or more people, designed with facilities for short-term occupancy by recreational vehicles only.

Recycling: A resource recovery method involving the collection and processing of a waste product for use as raw material in the manufacture of new products.

Recycling Center: Any permanent structure or facility where recyclable materials are stored or processed.

Recycling Drop-Off: Any structure, facility, or location, either temporary or permanent, where recyclable materials from more than one (1) household are left for transport to a recycling center.

Recycling, Mobile Unit: Any vehicle, wagon, cart, trailer, or moveable bin used for the collection and/or temporary storage of recyclable materials.

Registered Land Surveyor: A land surveyor properly licensed and registered or through reciprocity permitted to practice in the State of Indiana.

Registered Professional Engineer: An engineer properly licensed and registered or through reciprocity permitted to practice in the State of Indiana.

Regulatory Flood: A flood having a peak discharge which can be equaled or exceeded on the average of once in a one hundred (100) year period, as calculated by a method and procedure which is acceptable to and approved by the Indiana Department of


1.0 Definitions

Natural Resources; this flood is equivalent to a flood having a probability of occurrence of one (1) percent in any given year.

Regulatory Flood Profile: A longitudinal profile along the thread of a stream showing the maximum water surface elevation attained by the regulatory flood.

Regulatory Floodway: The channel of a river or stream and those portions of the flood plains adjoining the channel which are reasonably required to efficiently carry and discharge peak flow of the regulatory flood of any river or stream and, is that area covered by floodwaters in significant downstream motion or covered by significant volumes of stored water during the occurrence of the regulatory flood.

Residential District: Refers to an R-SF, R-MD, or R-HD District.

Rest Home/Nursing Home: A private home for the care of the aged or infirm, or any other person in need of nursing care and which does not contain equipment for surgical care or for treatment of disease or injury, and is not primarily designed for mental patients or alcoholics.

Re-subdivision: A change in a recorded subdivision plat if such change affects any street layout or area reserved thereon for public use or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.

Retaining Wall: A structure erected between lands of different elevation to protect structures and/or to prevent the washing down or erosion of earth from the upper slope level.

Retention Basin: A pond, pool, or basin used for the permanent or temporary storage of water and water runoff.

Right-of-Way: A strip of land occupied or intended to be occupied by transportation facilities, public utilities, or other special public uses. Rights-of-way intended for any use involving maintenance by a public agency shall be dedicated to the public use by the maker of the plat on which such right-of-way is established.

Sale, Garage/Yard: A sale of household goods, furniture, equipment, utensils, appliances, tools, personal clothing or effects, novelty items, glassware, farm products, or similar personal property, including, but not limited to any sale commonly termed "PORCH SALE," "YARD SALE," "LAWN SALE," GROUP FAMILY SALE," "RUMMAGE SALE," "WHITE ELEPHANT SALE," "FLEA MARKET SALE," or "ATTIC SALE."

Sale, Roadside: Sale of goods by one (1) or more vendors over the age of eighteen (18), having transported such goods or services by car, truck, bicycle, trailer, or cart to a temporary roadside location.

Sale, Sidewalk: Sale of goods or services by one or more vendors on a sidewalk or public open space immediately outside of the commercial establishment in which such goods or services are typically sold.

Salvage Yard/Junk Yard: See definition of Junk Yard/Salvage Yard.


1.0Definitions

Sanitary Landfill: A site on which solid wastes are disposed of in a manner protective to the environment, such that wastes are spread in thin layers, compacted to the smallest practical volume, and covered with soil at the end of each work day.

School: A public or private institution which offers instruction in any of the branches of learning and study comparable to that taught in the public schools under the Indiana School Laws, including pre-kindergarten, kindergarten, elementary school, and junior and senior high schools, but excluding trade, business, or commercial schools.

Scrap Metal Yard: A general industrial use established independent or ancillary to and connected with another general industrial use, which is concerned exclusively in new and salvaged metal pipes, wire, beams, angles, rods, machinery, parts, fittings, clippings, and all other metal items of every type, and which acquires such items incidental to its connection with the other general industrial use or by purchase, consignment or bailment which stores, grades, processes, melts, cuts, dismantles, compresses, cleans, or in any way prepares said items for reuse by the connected other general industrial use or for sale and shipment and use in other industries or businesses including open hearth, electric furnaces and foundry operations; such an establishment shall not include junk yards, dumps, or automobile graveyards.

The storage, dealing in or the permitting of the accumulation of significant quantities of combustible, organic or nonmetal scrap materials such as wood, paper, rags, garbage, bones and shattered glass on the premises of such an establishment will disqualify it from being classified as a scrap metal yard, and the same will be classified as a junk yard.

Seasonal Business: A temporary business operating at a non-permanent location for certain months of the year or during special events.

Secondary Plat: See "Plat, Secondary."

Service Station: See "Automobile Service Station."

Setback: The minimum horizontal distance between the building line and a lot line or right-of-way. (See Figure 2.1)

Shared Housing: Any dwelling unit which the owner allows to be occupied by unrelated persons living as a single housekeeping unit, provided that the number of occupants does not exceed twice the number of bedrooms, and that the total number of occupants does not exceed four (4) regardless of the number of bedrooms.

Shoulder: The graded part of the right-of-way that lies between the edge of the main pavement (main traveled way) and the curb.

Side Lot Line: A lot boundary line other than a front or rear lot line.

Sidewalk: That portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic.

Sight Triangle: A triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.


1.0 Definitions

Special Exception: The authorization of a use that is designated as such by this ordinance as being permitted in the district concerned if it meets special conditions, and upon application, and is specifically authorized by the Board of Zoning Appeals per Section 9.5 of this ordinance.

Storage, Outdoor: The outdoor accumulation of goods, junk, vehicles, equipment, products, or materials for permanent or temporary holding.

Story: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding fourteen (14) feet in height shall be considered as an additional story for each fourteen (14) feet or fraction thereof.

Street: Any street, avenue, boulevard, road, parkway, viaduct, drive, or other roadway.

Street, Arterial: A street designed for high volume traffic.

Street, Collector: A street designed to facilitate the collection of traffic from local streets and to provide circulation within neighborhood areas and convenient ways to reach arterial streets.

Street, Divided: A street having an island or other barrier separating moving lanes.

Street Furniture: Man-made, above-ground items that are generally found in street rights-of-way, including benches, kiosks, plants, canopies, shelters, and phone booths.

Street Hardware: The mechanical and utility systems within a street right-of-way, such as hydrants, manhole covers, traffic lights and signs, utility poles and lines, and parking meters.

Street, Local: A street designed primarily to provide access to abutting properties and discourage through traffic.

Street, Private: Vehicular streets and driveways, paved or unpaved, which are wholly within private property except where they intersect with other streets within public rights-of-way and are maintained by the owner(s).

Street, Public: All property dedicated or intended for public highway, freeway, or roadway purpose or subject to public easements therefor.

Strip Development: Uncoordinated and often unsightly development that generally occurs along main highways and thoroughfares leading into and out of a community. Strip development often includes fast food restaurants, filling stations, used car lots, and shopping centers.

Structure: Any building or thing, constructed or erected, which requires location on the ground or attachment to something having a location on the ground.

Structural Alterations: Any change in the supporting members of a building or structure such as bearing walls, partitions, columns, beams or girders, or any substantial change in the footprint or increasing size of living space.


1.0Definitions

Subdivision: The division of a parent tract or other piece of land into at least two (2) smaller lots or the combination of two (2) or smaller lots into one lot so that either now or in the future the subdivider can do any of the following with one (1) or more of the subdivided lots:

A. transfer ownership

B. construct buildings

C. create new building sites for leasehold

The actual location, shape and size of a parent tract to be divided is determined by the official record of the last transfer of its ownership transacted before the Whiting Unified Zoning and Subdivision Control Ordinance enacted or by its last conditional transfer of ownership by recorded contract transacted before the Whiting Unified Zoning and Subdivision Control Ordinance was enacted.

The following kinds of divisions are not subdivisions and are exempt from the rules of the Whiting Unified Zoning and Subdivision Control Ordinance:

A. A division of land into two (2) or more tracts, all of which are at least ten (10) acres in size;

B. A division of land for the transfer of a tract or tracts to correct errors in an existing legal description, provided that no additional principal use building sites are created by the division;

C. A division of land pursuant to an allocation of land in the settlement of a decedent's estate or a court decree for the distribution of property;

D. A division of land for federal, state or local government to acquire street right-of-way; and

E. A division of land for the transfer of a tract or tracts between adjoining lots provided that no additional principal use building sites are created by the division. The lots so created hereunder shall have only one (1) principal use building site each.

F. Property legally divided prior to adoption of this ordinance.

Survey Marker: See "Marker."

Survey Monument: See "Monument."

Swimming Pool: A self-contained body of water at least eighteen (18) inches deep and eight (8) feet in diameter or width and used for recreational purposes. It may be above or below ground level, and shall be considered an accessory structure and use.

Technical Advisory Committee: A committee of public and private utility agencies and service providers that meet jointly to review plans for current or future development projects and proposals. The Technical Advisory Committee acts in an advisory role


1.0 Definitions

to the Plan Commission. More information regarding the Technical Advisory Committee can be found in the Plan Commission’s Rules of Procedure.

Temporary Business: Any business operating at or within a moveable location or structure, or any business operating at a location which lacks permanent infrastructure including full utilities, parking, permanent signage, etc.

Territorial Jurisdiction: See "Jurisdiction."

Thoroughfare Plan: The plan, now and hereafter adopted, which includes a street plan, sets forth the location, alignment, dimensions, identification, and classification of existing and proposed streets, and other thoroughfares.

Trade or Business School: A secretarial or business school or college that is not publicly owned, is not owned, conducted, or sponsored by a religious, charitable, or non-profit organization, and is not a school conducted as a commercial enterprise for teaching instrumental music, dancing, barbering, hairdressing, or the industrial or technical arts and like skills.

Tree: A woody perennial plant that reaches a mature height of at least eight (8) feet.

Unimproved Block: See "Block, Unimproved."

Use: The purposes of which land, building, or structure thereon is designed, arranged, or intended, or for which it is occupied, maintained, let, or leased.

Utility: See "Public Utility."

Variance, Use: The specific approval granted by the Board of Zoning Appeals of a use other than that prescribed by this ordinance.

Variance, Development Regulations/Design Standards: A specific approval granted by a Board of Zoning Appeals to deviate from the development standards (such as height, bulk, or area) that the ordinance otherwise prescribes.

Veterinary Animal Hospital or Animal Clinic: A place used for the care, diagnosis and treatment of sick, ailing, infirm or injured animals, and those who are in need of medical or surgical attention, and may include overnight accommodations on the premises for treatment, observation and/or recuperation. It may also include boarding that is incidental to the principal activity or use.

Vision Clearance on Corner Lots: See "Sight Triangle."

Yard: A space on the same lot with a principal building that is open and unobstructed except as otherwise authorized by this ordinance.

Yard, Front: The horizontal space between the nearest foundation of a building to the front lot line, extending to the side lines of the lot, and measured as the shortest distance from the nearest foundation to the front lot line. A corner lot shall have two (2) front yards abutting both streets on which the corner lot has frontage, except as deed restrictions specify otherwise.


1.0Definitions

Yard, Rear: The horizontal space between the nearest foundation of a building to the rear lot line and that rear lot line, extending to the side lines of the lot, and measured as the shortest distance from the nearest foundation to the rear lot line. The rear yard of a corner lot shall be that yard at the opposite end of the lot from the front yard.

Yard, Side: The horizontal space between the nearest foundation of a building to the side lot line and that side lot line, unoccupied other than by architectural appurtenances such as cornices, canopies, eaves, awnings, bay windows, chimneys, utility meters and appurtenant equipment, entrance decks or stairs projecting not more than twenty-four (24) inches into that space;

Zone: An area or areas of the community in which certain land uses are permitted and other uses are prohibited by a zoning ordinance.

Zoning District: See "District."

Zoning Map: The official zoning map of the City of Whiting, Indiana, denoting zoning districts.

Zoning Ordinance: A set of development guidelines, specifications, and regulations enacted by the Council to create districts which permit certain land uses and character specifications and prohibit others; in reference to documentation, the Whiting Unified Zoning and Subdivision Control Ordinance, and any other supporting or accompanying ordinances, plans, resolutions, rules, or regulations and including their provisions, except where the context clearly indicates otherwise.


1.0Definitions

Land Use DefinitionsThe following land use words and terms appearing in this ordinance shall have the following meanings:

Agriculture, Forestry, Fishing and Hunting: Establishments primarily engaged in growing crops, raising animals, harvesting timber, and harvesting fish and other animals from a farm, ranch, or their natural habitats. (NAICS: 11)

Above Ground Water Storage Tank: Any water system tank that is above ground provided and maintained by the city or a utility company which a governmental agency has specifically approved as acceptable.

Accounting, Tax Preparation, Bookkeeping and Payroll Services Offices: Establishments primarily engaged in providing services, such as auditing of accounting records, designing accounting systems, preparing financial statements, developing budgets, preparing tax returns, processing payrolls, bookkeeping, and billing. (NAICS: 5412)

Adult Oriented Businesses: An establishment primarily engaged in selling, exchanging, renting, loaning, trading, transferring or providing viewing of adult oriented merchandise.

Advertising, Marketing, Public Relations and Related Services Agencies: Establishments primarily engaged in creating advertising campaigns and placing such advertising in periodicals, newspapers, radio and television, or other media. (NAICS: 5418)

Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures:Establishments of agents and managers primarily engaged in representing

and/or managing creative and performing artists, sports figures, entertainers, and other public figures. (NAICS: 7114)

Air Transportation: Industries that provide air transportation of passengers and/or cargo using aircraft, such as airplanes and helicopters. (NAICS: 481)

Amateur Radio Antenna: An antenna, or any combination of a mast or tower plus an attached or mounted antenna, which transmits noncommercial communication signals and is utilized by an operator licensed by the Federal Communications Commission. Guy wires for amateur radio antennas are considered part of the structure for the purpose of meeting development standards.

Ambulance Services: Establishments primarily engaged in providing transportation of patients by ground, along with medical care by medically trained professionals. (NAICS: 62191)

Amusement and Theme Parks: Establishments, known as amusement or theme parks, primarily engaged in operating a variety of attractions, such as mechanical rides, water rides, games, shows, theme exhibits, refreshment stands, and picnic grounds. (NAICS: 71311)

Antique Shops: Establishments used for the sale or trading of articles of which are over 50 years old or have collectible value. (NAICS: 453310)

Land Use Definitions29 City of Whiting Unified Development Ordinance

1.0 Definitions

Apparel Manufacturing: Establishments manufacturing full lines of ready-to-wear apparel and custom apparel: apparel contractors, performing cutting or sewing operations on materials owned by others; jobbers performing entrepreneurial functions involved in apparel manufacture; and tailors, manufacturing custom garments for individual clients. (NAICS: 315)

Archery Ranges/Firearm Target (Indoor): An indoor facility that may include buildings or structures used for target practice with bows and arrows or firearms.

Archery Ranges/Firearm Target (Outdoor): An outdoor facility that may include buildings or structures used for target practice with bows and arrows or firearms.

Automobile Dealers, New & Used Cars: Establishments primarily engaged in retailing new and used automobiles and light trucks, such as sport utility vehicles, and passenger and cargo vans. (NAICS: 4411)

Automobile Driving Schools: Establishments primarily engaged in offering automobile driving instruction. (NAICS: 611692)

Automotive Body Shop: Establishments primarily engaged in repairing or customizing automotive vehicles, such as passenger cars, trucks, and vans, and all trailer bodies and interiors; and/or painting automotive vehicles and trailer bodies. (NAICS: 811121)

Automotive Oil and Lubrication Shops: Establishments primarily engaged in changing motor oil and lubricating the chassis of automotive vehicles, such as passenger cars, trucks, and vans. (NAICS: 811191)

Automotive Parts and Accessories Stores: Establishments known as automotive supply stores primarily engaged in retailing new, used, and/or rebuilt automotive parts and accessories, automotive supply stores that are primarily engaged in both retailing automotive parts and accessories and repairing automobiles; and establishments primarily engaged in retailing and installing automotive accessories. (NAICS: 44131)

Automotive Repair and Maintenance: Establishments involved in providing repair and maintenance services for automotive vehicles, such as passenger cars, trucks, and vans, and all trailers. (NAICS: 8111)

Bakery: An establishment primarily engaged in the retail sale of baked products for consumption off site.

Bed and Breakfast Inns: Establishments primarily engaged in providing short-term lodging in facilities known as bed-and-breakfast inns that primarily provide short-term lodging in private homes or small buildings converted for this purpose. (NAICS: 721191)

Beer, Wine and Liquor Stores: Establishments primarily engaged in retailing packaged alcoholic beverages, such as ale, beer, wine, and liquor. (NAICS: 4453)

Beverage Manufacturing: Establishments primarily engaged in manufacturing soft drinks, manufacturing ice, or purifying and bottling water. (NAICS: 3121)

Land Use DefinitionsCity of Whiting Unified Development Ordinance 30

1.0Definitions

Billiard Rooms: Establishments engaged in providing more than three billiard tables for the use of patrons. (NAICS: 713990)

Blood and Organ Banks: Establishments primarily engaged in collecting, storing, and distributing blood and blood products and storing and distributing body organs. (NAICS: 621991)

Boat Dealers: Establishments primarily engaged in retailing new and/or used boats or retailing new boats in combination with activities, such as repair services and selling replacement parts and accessories, and/or retailing new and/or used outboard motors, boat trailers, marine supplies, parts, and accessories. (NAICS: 441222)

Book Stores: Establishments primarily engaged in retailing new books, newspapers, magazines, and prerecorded audio and video media. (NAICS: 4512)

Bowling Centers: Establishments engaged in operating bowling centers. (NAICS: 71395)

Broadcasting (except Internet) (except transmission towers): Establishments that create content or acquire the right to distribute content and subsequently broadcast the content.. (NAICS: 515)

Broadcasting (transmission towers): Establishments that create content or acquire the right to distribute content and subsequently broadcast the content. (NAICS: 515)

Building Construction: Establishments primarily responsible for the construction of buildings and may include new work, additions, alterations, or maintenance and repairs. (NAICS: 236)

Business Schools and Computer and Management Training: Establishments primarily engaged in offering courses in office procedures and secretarial and stenographic skills and may offer courses in basic office skills, such as word processing. (NAICS: 6114)

Business Service Centers: Establishments, generally known as copy centers or shops, primarily engaged in providing photocopying, duplicating, blueprinting, and other document copying services without also providing printing services . (NAICS: 56143)

Business, Professional, Labor, Political, and Similar Organizations: Establishments primarily engaged in promoting the interests of their members (except religious organizations, social advocacy organizations, and civic and social organizations) which may include but is not limited to business associations, professional organizations, labor unions, and political organizations. (NAICS: 8139)

Cafeterias, Delis and Buffets: Establishments, known as cafeterias, buffets, or delis, primarily engaged in preparing and serving meals for immediate consumption using cafeteria-style or buffet serving equipment, such as steam tables, refrigerated areas, display grills, and self-service nonalcoholic beverage dispensing equipment. (NAICS: 722212)

Campgrounds: Establishments primarily engaged in operating sites to accommodate campers and their equipment, including tents, tent trailers, travel trailers, and RVs


1.0 Definitions

(recreational vehicles) and may provide access to facilities, such as washrooms, laundry rooms, recreation halls and playgrounds, stores, and snack bars. (NAICS: 72121)

Car Rental: Establishments primarily engaged in renting passenger cars without drivers, generally for short periods of time. (NAICS: 532111)

Car Washes: Establishments primarily engaged in cleaning, washing, and/or waxing automotive vehicles, such as passenger cars, trucks, and vans, and trailers. (NAICS: 811192)

Carpet and Upholstery Cleaning Services: Establishments primarily engaged in cleaning and dyeing used rugs, carpets, and upholstery. (NAICS: 56174)

Casinos: Establishments primarily engaged in operating gambling facilities that offer table wagering games along with other gambling activities, such as slot machines and sports betting. (NAICS: 71321)

Caterers: Establishments primarily engaged in providing single event-based food services and generally have equipment and vehicles to transport meals and snacks to events and/or prepare food at an off-premise site. (NAICS: 72231)

Cement and Concrete Product Manufacturing: Establishments primarily engaged in manufacturing portland, natural, masonry, pozzolanic, and other hydraulic cements. (NAICS: 3273)

Cemeteries: Establishments primarily engaged in operating sites or structures reserved for the interment of human remains. (NAICS: 81222)

Charter Vehicle Industry: Establishments primarily engaged in providing buses for charter. (NAICS: 485510)

Chemical Manufacturing: Establishments primarily engaged in the transformation of organic and inorganic raw materials by a chemical process and the formulation of products. (NAICS: 325)

Child Day Care Services (except Home-based Child Day Care): Establishments primarily engaged in providing day care of infants or children at a location that is not a residence. (NAICS: 6244)

Cigar/Tobacco Shops: Establishments primarily engaged in retailing cigarettes, cigars, tobacco, pipes, and other smokers' supplies. (NAICS: 453991)

Civic and Social Organizations: Establishments primarily engaged in promoting the civic and social interests of their members and may operate beverage opportunities and restaurants for their members. (NAICS: 8134)

Clothing Stores: Establishments primarily engaged in retailing new clothing. (NAICS: 4481)


1.0Definitions

Coin-operated Laundries: Establishments primarily engaged in operating facilities with coin-operated or similar self-service laundry equipment for customer use on the premises. (NAICS: 81231)

Colleges, Universities, and Professional Schools: Establishments primarily engaged in furnishing academic courses and granting degrees at baccalaureate or graduate levels. (NAICS: 6113)

Commercial and Industrial Machinery and Equipment Rental and Leasing:Establishments primarily engaged in renting or leasing commercial-type and industrial-type machinery and equipment. (NAICS: 5324)

Commercial and Industrial Machinery and Equipment Repair and Maintenance:Establishments primarily engaged in the repair and maintenance of

commercial and industrial machinery and equipment that either sharpen/install commercial and industrial machinery blades and saws or provide welding (e.g., automotive, general) repair services; or heavy and industrial machinery and equipment (e.g., forklifts and other materials handling equipment, machine tools, commercial refrigeration equipment, construction equipment). (NAICS: 8113)

Commercial Animal Establishment: Any pet shop, grooming shop, kennel or veterinarian office which sells, serves, maintains or treats pets. (NAICS: 81291)

Commercial Banking: Establishments that lend funds raised from depositors; lend funds raised from credit market borrowing; or facilitate the lending of funds or issuance of credit by engaging in such activities as mortgage and loan brokerage, clearinghouse and reserve services, and check cashing services. (NAICS: 522)

Commercial Photography: Establishments primarily engaged in providing commercial photography services, generally for advertising agencies, publishers, and other business and industrial users. (NAICS: 541922)

Community Food and Housing, and Emergency and Other Relief Services:Establishments primarily engaged in the collection, preparation, and delivery

of food for the needy, providing short term emergency shelter for victims of domestic violence, sexual assault, or child abuse; temporary residential shelter for the homeless, runaway youths, and patients and families caught in medical crises; transitional housing for low-income individuals and families; volunteer construction or repair of low cost housing, in partnership with the homeowner who may assist in construction or repair work; and repair of homes for elderly or disabled homeowners; and establishments primarily engaged in providing food, shelter, clothing, medical relief, resettlement, and counseling to victims of domestic or international disasters or conflicts. (NAICS: 6242)

Community Theaters: Theaters primarily engaged in producing the following live theatrical presentations: musicals; operas; plays; and comedy, improvisational, mime, and puppet shows.

Composting Center: Any location, structure, or facility where composting takes place.

Computer System Design Service Offices: Establishments primarily engaged in providing expertise in the field of information technologies through writing, modifying, testing,


1.0 Definitions

and supporting software to meet the needs of a particular customer; planning and designing computer systems that integrate computer hardware, software, and communication technologies; on-site management and operation of clients' computer systems and/or data processing facilities; and other professional and technical computer-related advice and services. (NAICS: 5415)

Conference Center: A facility designed to accommodate persons for conventions, conferences, seminars, product display, recreation activities, and entertainment functions. (NAICS: 531120)

Consumer Lending: Establishments primarily engaged in making unsecured cash loans to consumers. (NAICS: 522291)

Continuing Care Retirement Communities: Establishments primarily engaged in providing a range of residential and personal care services with on-site nursing care facilities for the elderly that offer a variety of residential settings with meals, housekeeping, social, leisure, and other services available to assist residents in daily living. (NAICS: 623311)

Contractors: Establishments whose primary activity is performing specific activities such as pouring concrete, site preparation, plumbing, painting, and electrical work involved in building construction or other activities that are similar for all types of construction, but that are not responsible for the entire project. (NAICS: 238)

Convenience Stores: Establishments known as convenience stores or food marts (except those with fuel pumps) primarily engaged in retailing a limited line of goods that generally includes milk, bread, soda, and snacks. (NAICS: 44512)

Correctional Institutions: Government establishments primarily engaged in managing and operating correctional institutions generally designed for the confinement, correction, and rehabilitation of adult and/or juvenile offenders sentenced by a court. (NAICS: 92214)

Cosmetics, Beauty Supplies and Perfume Stores: Establishments known as cosmetic or perfume stores or beauty supply shops primarily engaged in retailing cosmetics, perfumes, toiletries, and personal grooming products. (NAICS: 44612)

Couriers and Messengers: Industries that provide intercity and/or local delivery of parcels and documents (including express delivery services) without operating under a universal service obligation. (NAICS: 492)

Crematories: Establishments primarily engaged in operating sites or structures reserved for cremating the dead. (NAICS: 812220)

Dance Studio: Establishments primarily engaged in offering instruction in dance. (NAICS: 611610)

Data Processing, Hosting and Related Services: Establishments that provide the infrastructure for hosting and/or data processing services. (NAICS: 518)

Dentist Offices: Establishments of health practitioners having the degree of D.M.D., D.D.S., or D.D.Sc. primarily engaged in the independent practice of general or


1.0Definitions

specialized dentistry or dental surgery that provide primarily comprehensive preventive, cosmetic, or emergency care, or specialize in a single field of dentistry. (NAICS: 6212)

Department Stores: Establishments known as department stores primarily engaged in retailing a wide range of the following new products with no one merchandise line predominating: apparel, furniture, appliances and home furnishings; and selected additional items, such as paint, hardware, toiletries, cosmetics, photographic equipment, jewelry, toys, and sporting goods. (NAICS: 4521)

Design Services: Establishments providing specialized design services (except architectural, engineering, and computer systems design). (NAICS: 5414)

Diet and Weight Reducing Centers: Establishments primarily engaged in providing nonmedical services to assist clients in attaining or maintaining a desired weight. (NAICS: 812191)

Document Preparation Services: Establishments primarily engaged in letter or resume writing; document editing or proofreading; typing, word processing, or desktop publishing; and stenography, transcription, and other secretarial services. (NAICS: 56141)

Drinking Places (Alcoholic Beverages): Establishments known as bars, taverns, nightclubs, or drinking places primarily engaged in preparing and serving alcoholic beverages for immediate consumption. (NAICS: 72241)

Dry-cleaning and Laundry Services: Establishments primarily engaged in drycleaning services (except coin-operated); providing laundering services (except linen and uniform supply or coin-operated); and providing specialty cleaning services for specific types of garments and other textile items. (NAICS: 81232)

Duplex/ Two-Family: Residential building containing two (2) dwelling units designed for occupancy by not more than two (2) families, on each residential lot.

Educational Support Services: Establishments primarily engaged in providing non-instructional services that support educational processes or systems that may include but not limited to educational consultants, educational testing services, educational guidance counseling services, student exchange programs or educational testing evaluation services. (NAICS: 6117)

Electric Power Generation: Establishments primarily engaged in operating electric power generation facilities that convert other forms of energy, such as water power (i.e., hydroelectric), fossil fuels, nuclear power, and solar power, into electrical energy. (NAICS: 22111)

Electric Power Transmission and Distribution: Establishments primarily engaged in transmitting, and/or distributing electric power and operate transmission systems that convey the electricity from the generation facility to the distribution system and operate distribution systems that convey electric power received from the generation facility or the transmission system to the final consumer. (NAICS: 2211)


1.0 Definitions

Electronic and Precision Equipment Repair and Maintenance: Establishments primarily engaged in repairing electronic equipment, such as computers and communications equipment, and highly specialized precision instruments. (NAICS: 8112)

Electronics and Appliance Rental: Establishments primarily engaged in renting consumer electronics equipment and appliances, such as televisions, stereos, and refrigerators. (NAICS: 53221)

Electronics and Appliance Stores: Establishments primarily engaged in retailing the following new products: household-type appliances, cameras, computers, and other electronic goods. (NAICS: 4431)

Elementary Schools: Establishments primarily engaged in furnishing academic courses and associated course work that comprise a basic preparatory education that may include kindergarten to 8th grade. (NAICS: 6111)

Employment Placement Agencies: Establishments primarily engaged listing employment vacancies and referring or placing applicants for employment; or providing executive search, recruitment, and placement services. (NAICS: 5613)

Essential Service Utilities: Services and utilities needed for the health, safety, and general welfare of the community, such as underground, surface, or overhead electrical, gas, telephone, steam, water, sewerage, and other utilities and the equipment and appurtenances necessary for such systems to furnish an adequate level of service for the area in which they are located.

Exam Prep and Tutoring: Establishments primarily engaged in offering preparation for standardized examinations and/or academic tutoring services. (NAICS: 611691)

Exterminators and Pest Control Services: Establishments primarily engaged in exterminating and controlling birds, mosquitoes, rodents, termites, and other insects and pests (except for crop production and forestry production). Establishments providing fumigation services are included. (NAICS: 56171)

Fabric Shops: Establishments primarily engaged in retailing new sewing supplies, fabrics, patterns, yarns, and other needlework accessories or retailing these products in combination with selling new sewing machines. (NAICS: 451130)

Facilities Support Services: Establishments primarily engaged in providing operating staff to perform a combination of support services within a client's facilities. (NAICS: 5612)

Fast Food Restaurant with Drive-In: Establishments primarily engaged in providing food services where patrons generally order or select items and pay before eating. Food and drink may be consumed on the premises, taken out, or delivered to the customer in a vehicle through a drive-thru window.

Fast Food Restaurant without Drive-In: Establishments primarily engaged in providing food services where patrons generally order or select items and pay before eating. Food and drink may be consumed on the premises, taken out, but not to the customer in a vehicle through a drive-thru window.


1.0Definitions

Fine Arts School: Establishments primarily engaged in offering instruction in the arts, including dance, art, drama, and music. (NAICS: 61161)

Fire Protection: Government establishments primarily engaged in fire fighting and other related fire protection activities. (NAICS: 92216)

Fitness and Recreation Sports Centers: Establishments primarily engaged in operating fitness and recreational sports facilities featuring exercise and other active physical fitness conditioning or recreational sports activities, such as swimming, skating, or racquet sports. (NAICS: 71394)

Florists: Establishments known as florists primarily engaged in retailing cut flowers, floral arrangements, and potted plants purchased from others. (NAICS: 4531)

Food Manufacturing: Establishments primarily engaged in transforming livestock and agricultural products into products for intermediate or final consumption. The industry groups are distinguished by the raw materials (generally of animal or vegetable origin) processed into food products. (NAICS: 311)

Food Service Contractors: Establishments primarily engaged in providing food services at institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these type of organizations for a specified period of time. (NAICS: 72231)

Formal Wear and Costume Rental: Establishments primarily engaged in renting clothing, such as formal wear, costumes or other clothing. (NAICS: 53222)

Freight Trucking: Establishments primarily engaged in providing local general freight trucking. That handle a wide variety of commodities, generally palletized and transported in a container or van trailer. Local general freight trucking establishments usually provide trucking within a metropolitan area which may cross state lines. Generally the trips are same-day return. (NAICS: 48411)

Full Service Restaurants: Establishments primarily engaged in providing food services to patrons who order and are served while seated (i.e., waiter/waitress service) and pay after eating. (NAICS: 72211)

Funeral Homes and Funeral Services: Establishments primarily engaged in preparing the dead for burial or interment and conducting funerals. (NAICS: 81221)

Furniture Stores: Establishments primarily engaged in retailing new furniture, such as household furniture and outdoor furniture; office furniture;(and/or furniture sold in combination with major appliances, home electronics, home furnishings, or floor coverings. (NAICS: 4421)

Gasoline Station with Repair: Establishments limited to retail sales to the public of gasoline, motor oil, lubricants, motor fuels, travel aides, and minor automobile accessories in addition to providing minor vehicle servicing, minor repairs or maintenance.

Gasoline Station without Repair: Establishments limited to retail sales to the public of gasoline, motor oil, lubricants, motor fuels, travel aides, and minor automobile accessories without providing automobile service or repair.


1.0 Definitions

Gasoline Stations with Convenience Stores Establishments limited to retail sales to the public of gasoline, motor oil, lubricants, motor fuels, travel aides, and minor automobile accessories are sold directly to the public in combination with selling items typically found in a convenience store or supermarket. (NAICS: 447110)

Gasoline Stations without Convenience Stores: Establishments limited to retail sales to the public of gasoline, motor oil, lubricants, motor fuels, travel aides, and minor automobile accessories are sold directly to the public in and do not sell any items typically found in a convenience store or supermarket. (NAICS: 447190)

Golf Courses/Driving Ranges and Country Clubs (except miniature): Establishments primarily engaged in operating golf courses (except miniature) and can include dining facilities, beverage services, equipment rental services, and golf instruction services. (NAICS: 71391)

Golf Driving Range: A limited area on which golf players do not walk, but onto which they drive golf balls from a central driving tee.

Group Homes per IC-12-28-4: A residential facility for individuals with a developmental disability for not more than eight (8) individuals with a developmental disability.

Hair, Nail and Skin Care Services: Establishments primarily engaged in providing hair care services; nail care services; and providing facials or applying makeup (except permanent makeup). (NAICS: 81211)

Hardware Stores: Establishments known as hardware stores primarily engaged in retailing a general line of new hardware items, such as tools and builders' hardware. (NAICS: 44413)

Hazardous Waste Collection: Establishments primarily engaged in collecting and/or hauling hazardous waste within a local area and/or operating hazardous waste transfer stations. (NAICS: 562112)

Hazardous Waste Treatment and Disposal: Establishments primarily engaged in operating treatment and/or disposal facilities for hazardous waste and the combined activity of collecting and/or hauling of hazardous waste materials within a local area and operating treatment or disposal facilities for hazardous waste. (NAICS: 562211)

Health Spa: Establishments that provide massage, exercise and related activities with or without such equipment or apparatus.

Health Supplement Stores: Establishments primarily engaged in retailing food supplement products, such as vitamins, nutrition supplements, and body enhancing supplements. (NAICS: 446191)

Highway/Municipal Garage: Any building used for the storage or care of municipal or highway motor vehicles, or where such vehicles are equipped for operation, repaired, or kept.

Historical Sites: Establishments primarily engaged in the preservation and exhibition of sites, buildings, forts, or communities that describe events or persons of particular


1.0Definitions

historical interest including by not limited to archeological sites, battlefields, historical ships, or pioneer villages. (NAICS: 71212)

Home and Garden Equipment Repair and Maintenance: Establishments primarily engaged in repairing and servicing home and garden equipment without retailing new home and garden equipment, such as lawnmowers, handheld power tools, edgers, snow- and leaf-blowers, and trimmers. (NAICS: 81141)

Home Centers: Establishments known as home centers primarily engaged in retailing a general line of new home repair and improvement materials and supplies, such as lumber, plumbing goods, electrical goods, tools, housewares, hardware, and lawn and garden supplies, with no one merchandise line predominating. (NAICS: 44411)

Home Furnishing Stores: Establishments primarily engaged in retailing new home furnishings (except furniture). (NAICS: 4422)

Home Health Care Services: Establishments primarily engaged in providing skilled nursing services in the home, along with a range of the following: personal care services; homemaker and companion services; physical therapy; medical social services; medications; medical equipment and supplies; counseling; 24- hour home care; occupation and vocational therapy; dietary and nutritional services; speech therapy; audiology; and high-tech care, such as intravenous therapy. (NAICS: 6216)

Home Health Equipment Rental: Establishments primarily engaged in renting home-type health and invalid equipment, such as wheel chairs, hospital beds, oxygen tanks, walkers, and crutches. (NAICS: 532291)

Home-based Child Day Care (per IC IC 36-7-4-1108): Establishments primarily engaged in providing child care from a home that is used as the primary residence of the person who operates the child care home.

Hospitals: Establishments that provide inpatient health services, many of which can only be provided using the specialized facilities and equipment that form a significant and integral part of the production process. (NAICS: 622).

Hotels and Motels: Establishments primarily engaged in providing short-term lodging in facilities known as hotels, motor hotels, resort hotels, and motels. (NAICS: 72111)

Ice Cream Parlor: Establishments primarily engaged in retailing ice cream and similar foods for immediate consumption. (NAICS: 722213)

Independent Artists, Writers, and Performers: Establishments primarily engaged in offering work or display space for independent individuals primarily engaged in performing in artistic productions, in creating artistic and cultural works or productions, or in providing technical expertise necessary for these productions. (NAICS: 7115)

Industrial Launderers: Establishments primarily engaged in supplying, on a rental or contract basis, laundered industrial work uniforms and related work clothing, (NAICS: 812332)


1.0 Definitions

Insurance Agencies and Brokerages: Establishments that are primarily engaged in underwriting annuities and insurance policies or facilitating such underwriting by selling insurance policies, and by providing other insurance and employee-benefit related services. (NAICS: 524)

Janitorial Services: Establishments primarily engaged in cleaning building interiors, interiors of transportation equipment (e.g., aircraft, rail cars, ships), and/or windows. (NAICS: 56172)

Jewelry Stores: Establishments primarily engaged in retailing new jewelry; new sterling and plated silverware; and new watches and clocks. (NAICS: 44831)

Junior Colleges: Establishments primarily engaged in furnishing academic, or academic and technical, courses and granting associate degrees, certificates, or diplomas below the baccalaureate level. (NAICS: 6112)

Junkyard: Any lot, land or structure, or part thereof, used for collection, storage and sale of waste paper, rags, scrap metal, or discarded materials; or for the collecting, dismantling, storage, salvaging or sale of parts or machinery or vehicles not in running condition.

Kennel: An establishment wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs and cats or a location which continuously harbors or maintains four (4) or more cat dogs or cats in accordance to WMC Chapter 3: Animals

Landscaping Services: Establishments primarily engaged in providing landscape care and maintenance services and/or installing trees, shrubs, plants, lawns, or gardens and establishments primarily engaged in providing these services along with the design of landscape plans and/or the construction (i.e., installation) of walkways, retaining walls, decks, fences, ponds, and similar structures. (NAICS: 56173)

Language Schools: Establishments primarily engaged in offering foreign language instruction. (including sign language) offering language instruction ranging from conversational skills for personal enrichment to intensive training courses for career or educational opportunities. (NAICS: 61163)

Legal Service Offices:Offices of legal practitioners known as lawyers or attorneys primarily engaged in the practice of law. (NAICS: 5411)

Libraries and Archives: Establishments primarily engaged in providing library or archive services. (NAICS: 51912)

Locksmiths: Establishments primarily engaged in selling mechanical or electronic locking devices, safes, and security vaults, along with installation, repair, rebuilding, or adjusting services or installing, repairing, rebuilding, and adjusting mechanical or electronic locking devices, safes, and security vaults. (NAICS: 561622)

Luggage and Leather Good Stores: Establishments known as luggage and leather goods stores primarily engaged in retailing new luggage, briefcases, and trunks, or retailing these new products in combination with a general line of leather items, such as belts, gloves, and handbags. (NAICS: 44832)


1.0Definitions

Machine Shops: Establishments known as machine shops primarily engaged in machining metal and plastic parts and parts of other composite materials on a job or order basis. (NAICS: 33271)

Management of Companies and Enterprises: Establishments that administer, oversee, and manage normally undertake the strategic or organizational planning and decision making role of the company or enterprise. (NAICS: 551)

Management, Scientific, and Technical Consulting Services: Establishments primarily engaged in providing advice and assistance to businesses and other organizations on management issues, such as strategic and organizational planning; financial planning and budgeting; marketing objectives and policies; human resource policies, practices, and planning; production scheduling; and control planning. (NAICS: 5416)

Marinas: Establishments engaged in operating docking and/or storage facilities for pleasure craft owners, with or without one or more related activities, such as retailing fuel and marine supplies; and repairing, maintaining, or renting pleasure boats. (NAICS: 71393)

Meat Markets: Establishments primarily engaged in retailing fresh, frozen, or cured meats and poultry. (NAICS: 44512)

Medical and Diagnostic Laboratories: Establishments known as medical and diagnostic laboratories primarily engaged in providing analytic or diagnostic services, including body fluid analysis and diagnostic imaging, generally to the medical profession or to the patient on referral from a health practitioner. (NAICS: 6215)

Micro-Breweries: Establishments that produce up to 5,000 barrels per year of fermented malt beverages on premise for either consumption on premise or in hand-capped or sealed containers in quantities up to 15.5 gallons sold directly to the consumer.

Micro-wineries: Establishments that produce up to 5,000 cases per year of wine and provides an area devoted to the sampling and sale of wine produce on or off premise.

Mining:Establishments that have complete responsibility for operating mines and quarries (except oil and gas wells) and those that operate mines and quarries (except oil and gas wells) for others on a contract or fee basis. (NAICS: 212)

Miniwarehouses or indoor storage units: A building or group of buildings divided into separate compartments used to meet the temporary storage needs for patrons. (NAICS: 531130)

Mobile Food Services: Establishments primarily engaged in preparing and serving meals and snacks for immediate consumption from motorized vehicles or non-motorized carts. (NAICS: 72233)

Mobile Homes: A structure, transportable in one or more sections which in the traveling mode is eight feet wide or more in width or 40 feet or more in length.


1.0 Definitions

Model Homes:A dwelling unit temporarily used for display purposes as an example of dwelling unit available or to be available for sale or rental in a particular development.

Motion Picture and Sound Recording Industries: Establishments primarily engaged in the production and/or distribution of motion pictures, videos, television programs, or commercials; in the exhibition of motion pictures; or in the provision of postproduction and related services. (NAICS: 5121)

Motorcycle, ATV, and Personal Watercraft Dealers: Establishments primarily engaged in retailing new and/or used motorcycles, motor scooters, motorbikes, mopeds, off-road all-terrain vehicles, and personal watercraft, or retailing these new vehicles in combination with repair services and selling replacement parts and accessories. (NAICS: 441221)

Movie Theaters: Establishments primarily engaged in operating motion picture theaters (except drive-ins) and/or exhibiting motion pictures or videos at film festivals. (NAICS: 512131)

Multi-Family Housing: A residential building designed for two (2) or more families, with the number of families not exceeding the number of dwelling units, on each residential lot.

Museums: Establishments primarily engaged in the preservation and exhibition of objects of historical, cultural, and/or educational value. (NAICS: 71211)

Natural Gas Distribution: Establishments primarily engaged in operating gas distribution systems, gas marketers that buy gas from the well and sell it to a distribution system and establishments known as gas broker, agents that arrange the sale of gas over gas distribution systems operated by others and establishments primarily engaged in transmitting and distributing gas to final consumers. (NAICS: 2212)

Newspaper, Periodical, Book and Directory Publishers: Establishments primarily engaged in publishing newspapers, magazines, other periodicals, books, directories and mailing lists, and other works, such as calendars, greeting cards, and maps. (NAICS: 5111)

Nondepository Credit Intermediation: Establishments primarily engaged in providing nondepository credit (except credit card issuing, sales financing, consumer lending, real estate credit, international trade financing, and secondary market financing). Examples of types of lending in this industry are: short-term inventory credit, agricultural lending (except real estate and sales financing) and consumer cash lending secured by personal property. (NAICS: 522298)

Nonresidential Property Managers: Establishments primarily engaged in managing nonresidential real estate for others. (NAICS: 531312)

Nursery/Garden Centers: Establishments primarily engaged in retailing nursery and garden products, such as trees, shrubs, plants, seeds, bulbs, and sod, that are predominantly grown elsewhere. (NAICS: 44422)


1.0Definitions

Nursing Care Facilities: Establishments primarily engaged in providing inpatient nursing and rehabilitative services generally provided for an extended period of time to individuals requiring nursing care. (NAICS: 6231)

Office Administrative Services: Establishments primarily engaged in providing a range of day-to-day office administrative services, such as financial planning; billing and recordkeeping; personnel; and physical distribution and logistics for others on a contract or fee basis. (NAICS: 5611)

Office Supply, Stationary and Gift Stores: Establishments primarily engaged in retailing new gifts, novelty merchandise, souvenirs, greeting cards, seasonal and holiday decorations, and curios. (NAICS: 4532)

Offices of Executives, Legislative Bodies, and other General Government Support:Establishments serving as offices (public or private) of chief executives and

their advisory committees and commissions. This industry includes offices of the president, governors, and mayors, in addition to executive advisory commissions. (NAICS: 9211)

Oil and Gas Extraction: Establishments primarily engaged in operating and/or developing oil and gas field properties and establishments primarily engaged in recovering liquid hydrocarbons from oil and gas field gases. (NAICS: 2111)

Optical Goods Stores: Establishments primarily engaged in retailing and fitting prescription eyeglasses and contact lenses; retailing prescription eyeglasses in combination with the grinding of lenses to order on the premises; and selling nonprescription eyeglasses. (NAICS: 44613)

Other Gambling Industries: Establishments primarily engaged in operating gambling facilities (except casinos) or providing gambling services which can include but is not limited to bingo, off-track betting, slot machine parlors, poker rooms. (NAICS: 71329)

Outdoor Power Equipment Stores: Establishments primarily engaged in retailing new outdoor power equipment or retailing new outdoor power equipment in combination with activities, such as repair services and selling replacement parts. (NAICS: 44421)

Outpatient Care Centers: Establishments with medical staff primarily engaged in providing general or specialized outpatient care which may include but is not limited to Dialysis centers and clinics, outpatient biofeedback centers and clinics, freestanding ambulatory surgical centers and clinics, outpatient community health centers and clinics, freestanding emergency medical centers and clinics, outpatient sleep disorder centers and clinics, health maintenance organization (HMO) medical centers and clinics. (NAICS: 6214)

Paintball Recreation Facility: An outdoor facility that may include buildings or structures used for paintball recreation for patrons.

Paper and Printing Manufacturing: Establishments primarily engaged in printing products, such as newspapers, books, labels, business cards, stationery, business forms, and other materials, and perform support activities, such as data imaging, platemaking services, and bookbinding. (NAICS: 323)


1.0 Definitions

Parking Lots and Garages: Establishments primarily engaged in providing parking space for motor vehicles, usually on an hourly, daily, or monthly basis and/or valet parking services. (NAICS: 81293)

Performing Arts Companies: Establishments primarily engaged in producing live presentations involving the performances of actors and actresses, singers, dancers, musical groups and artists, and other performing artists. (NAICS: 7111)

Personal and Household Goods Repair and Maintenance: Establishments primarily engaged in repairing and servicing personal and home equipment and/or household-type appliances without retailing new equipment or appliances, such as washing machines, clothes dryers, refrigerators, watches, clocks, vacuum cleaners. (NAICS: 81149)

Pharmacies and Drug Stores: Establishments known as pharmacies and drug stores engaged in retailing prescription or nonprescription drugs and medicines. (NAICS: 44611)

Photography Studios: Establishments known as portrait studios primarily engaged in providing still, video, or digital portrait photography services. (NAICS: 541921)

Physicians Offices: Establishments of health practitioners having the degree of M.D. or D.O. primarily engaged in the independent practice of general or specialized medicine. These practitioners operate private or group practices in their own offices. (NAICS: 6211)

Pipeline Pumping Station: Establishments primarily engaged in activities primarily related to oil and gas pipeline networks.

Pipeline Transportation: Establishments that use transmission pipelines to transport products, such as crude oil, natural gas, refined petroleum products, and slurry. (NAICS: 486)

Police Protection: Government establishments primarily engaged in criminal and civil law enforcement, police, traffic safety, and other activities related to the enforcement of the law and preservation of order. (NAICS: 92212)

Postal Service: Establishments that include the activities of the National Post Office. (NAICS: 491)

Promoters of Performing Arts, Sports, and Similar Events: Establishments primarily engaged in organizing, promoting, and/or managing live performing arts productions, sports events, and similar events, and/or managing and providing the staff to operate arenas, stadiums, theaters, or other related facilities for rent to other promoters. (NAICS: 7113)

Psychic Services: Establishments primarily engaged in providing personal services including but not limited to the practice of reading a person’s character or future by studying the conformation of the physical structure of the body, a person’s birth date, stars, planets or by similar means. (NAICS: 812990)


1.0Definitions

Public Park: An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency, or other public body for recreational or conservational uses. (NAICS: 71219)

Public Wells: Wells excavated, drilled, dug, or driven for the supply of potable water for general public consumption.

Racetracks: Establishments primarily engaged in operating racetracks for events, such as auto, dog, and horse races, held in these facilities. (NAICS: 711212)

Railroad Operations: Establishments known as line-haul railroads primarily engaged in operating railroads for the transport of passengers and/or cargo over a long distance within a rail network. (NAICS: 482111)

Real Estate Agents, Appraisers and Brokers Offices: Establishments primarily engaged in selling real estate for others; buying real estate for others; and renting real estate for others. (NAICS: 53121)

Real Estate Lessors: Establishments that are primarily engaged in renting or leasing real estate to others; managing real estate for others; selling, buying, or renting real estate for others; and providing other real estate related services, such as appraisal services. (NAICS: 5311)

Recreational Goods Rental: Establishments primarily engaged in renting recreational goods, such as bicycles, canoes, motorcycles, skis, sailboats, beach chairs, and beach umbrellas. (NAICS: 532292)

Recreational Vehicle Dealers, New & Used: Establishments primarily engaged in retailing new and/or used recreational vehicles commonly referred to as RVs or retailing these new vehicles in combination with activities, such as repair services and selling replacement parts and accessories. (NAICS: 44121)

Recycling Center: Any permanent structure or facility where recyclable materials are stored or processed.

Refineries: Establishments primarily engaged in transforming crude petroleum and coal into usable products. (NAICS: 324)

Religious Organizations: Establishments primarily engaged in operating religious organizations, such as churches, religious temples, and monasteries, and/or establishments primarily engaged in administering an organized religion or promoting religious activities. (NAICS: 8131)

Residential Property Managers: Establishments primarily engaged in managing residential real estate for others. (NAICS: 531311)

Retail Showrooms: Establishments that require a large amount of floor space and which involves displaying and showcasing bulk goods for retail sale.

Roadside Food Stand: Sale of food (other than produce) by one (1) or more vendors over the age of eighteen (18), having transported such goods or services by car, truck, bicycle, trailer, or cart to a temporary roadside location.


1.0 Definitions

Roadside Produce Stand: Sale of produce by one (1) or more vendors over the age of eighteen (18), having transported such goods or services by car, truck, bicycle, trailer, or cart to a temporary roadside location.

Rooming and Boarding Houses: Establishments primarily engaged in operating rooming and boarding houses and similar facilities, such as fraternity houses, sorority houses, off-campus dormitories, residential clubs, and workers' camps. (NAICS: 72131)

Satellite Dish, Large: Any equipment providing services such as radio, television, and/or high-speed internet by means of a dish, parabolic or other antenna, over one (1) meter in diameter, designed for receiving satellite transmission and is specifically located on the site that directly receives such service.

Satellite Dish, Small DBS: Any equipment providing services such as radio, television, and/or high-speed internet by means of a dish, parabolic or other antenna that is fixed (non-telescoping) and not greater than one (1) meter in diameter.

Scenic and Sightseeing Transportation: Establishments that utilize transportation equipment to provide recreation and entertainment that is local in nature, usually involving a same-day return to the point of departure. (NAICS: 487)

Scientific Research and Development Services: Establishments engaged in conducting original investigation undertaken on a systematic basis to gain new knowledge (research) and/or the application of research findings or other scientific knowledge for the creation of new or significantly improved products or processes. (NAICS: 5417)

Secondary Schools: Establishments primarily engaged in furnishing academic courses and associated course work that comprise a basic preparatory education that may include 5th grade to 12th grade.

Security Guards and Patrol Services: Establishments primarily engaged in providing guard and patrol services, such as bodyguard, guard dog, and parking security services. (NAICS: 561612)

Sewage Treatment Facilities: A facility which operates a sewerage system and sewage treatment facilities that collect, treat and dispose of human waste. (NAICS: 22132)

Shoe Stores: Establishments primarily engaged in retailing all types of new footwear. (NAICS: 4482)

Sidewalk Café: Establishments that provide a portion of an eating or drinking place located on a public sidewalk.

Single Family Attached Homes: A residential dwelling unit designed for and occupied by one (1) family with an attached garage, on each residential lot.

Single Family Detached Homes: A residential dwelling unit designed for and occupied by one (1) family with a detached garage, on each residential lot.


1.0Definitions

Small Wind Energy Conversion System: A wind energy conservation system that has a manufacturer’s rating of less than or equal to 50 kilowatts per wind tower and a total height of 60 feet or less.

Snack and Nonalcoholic Beverage Bars: Establishments primarily engaged in preparing and/or serving a specialty snack, such as ice cream, frozen yogurt, cookies, or popcorn or serving nonalcoholic beverages, such as coffee, juices, or sodas for consumption on or near the premises. (NAICS: 722330)

Software Publishers: Establishments primarily engaged in computer software publishing or publishing and reproduction. (NAICS: 5112)

Solid Waste Collection: Establishments primarily engaged in collecting and/or hauling nonhazardous solid waste (i.e., garbage) within a local area; operating nonhazardous solid waste transfer stations; and collecting and/or hauling mixed recyclable materials within a local area. (NAICS: 56211)

Solid Waste Combustors and Incinerators: Establishments primarily engaged in operating combustors and incinerators for the disposal of nonhazardous solid waste. (NAICS: 562213)

Solid Waste Landfill: Establishments primarily engaged in operating landfills for the disposal of nonhazardous solid waste and/or the combined activity of collecting and/or hauling nonhazardous waste materials within a local area and operating landfills for the disposal of nonhazardous solid waste. (NAICS: 562212)

Specialty Food Stores: Establishments primarily engaged in retailing specialty foods (except meat, fish, seafood, and fruits and vegetables) not for immediate consumption and not made on premises. (NAICS: 44529)

Spectator Sports: Establishments primarily engaged in participating in sporting events for recreational purposes with or without playing before a paying audience. (NAICS: 71121)

Sporting Goods, Hobby, and Musical Instrument Stores: Establishments primarily engaged in retailing new sporting goods and accessories, billiard and pool supplies, sporting firearms and ammunition, games and toys, and musical instruments. (NAICS: 4511, 42391)

Sports and Recreation Instruction: Establishments, such as camps and schools, primarily engaged in offering instruction in athletic activities to groups of individuals. (NAICS: 61162)

Sports Teams and Clubs: Establishments primarily engaged in participating in sporting events for recreational purposes without playing before a paying audience. (NAICS: 711211)

Standard Amateur Radio Antennas: A free standing or mounted antenna intended for airway communication purposes by a person holding a valid amateur radio.

Supermarkets and Other Grocery (except Convenience) Stores: Establishments generally known as supermarkets and grocery stores primarily engaged in retailing a general


1.0 Definitions

line of food, such as canned and frozen foods; fresh fruits and vegetables; and fresh and prepared meats, fish, and poultry. Included in this industry are delicatessen-type establishments primarily engaged in retailing a general line of food. (NAICS: 44511)

Tackle Shops: Establishments primarily engaged in the sale of equipment such as rods, lines and bait used in fishing and angling. (NAICS: 451110)

Tailor Shops: Establishment primarily engaged in making, mending or altering clothes, suits, coats and other outer garments. (NAICS: 811490)

Tanning Salon: Establishments primarily engaged in using artificial lighting systems to produce a tan on an individual’s body. (NAICS: 812199)

Technical and Trade Schools: Establishments primarily engaged in offering vocational and technical training in a variety of technical subjects and trades often leads to job-specific certification. (NAICS: 6115)

Telecommunication Towers (except Standard Amateur Radio Antennas): A structure on which there are electronic facilities for receiving or transmitting communication signals.

Telecommunications (except Telecommunication Towers): Establishments that provide telecommunications and the services related to that activity. (NAICS: 517)

Telephone Call Centers: Establishments primarily engaged in answering telephone calls and relaying messages to clients and establishments primarily engaged in providing telemarketing services on a contract or fee basis for others, such as promoting clients' products or services by telephone. (NAICS: 56142)

Textile Mills: Establishments that transform a basic fiber (natural or synthetic) into a product, such as yarn or fabric that is further manufactured into usable items, such as apparel, sheets, towels, and textile bags for individual or industrial consumption. (NAICS: 313)

Tire Stores: Establishments primarily engaged in retailing new and/or used tires and tubes or retailing new tires in combination with automotive repair services. (NAICS: 44132)

Tour Operators: Establishments primarily engaged in arranging and assembling tours and sold through travel agencies or tour operators. (NAICS: 56152)

Translation and Interpretation Services: Establishments primarily engaged in translating written material and interpreting speech from one language to another and establishments primarily engaged in providing sign language services. (NAICS: 54193)

Travel Agencies: Establishments primarily engaged in acting as agents in selling travel, tour, and accommodation services to the general public and commercial clients. (NAICS: 56151)

Truck Stops: Establishments intended to provide services to the trucking industry, including but not limited to dispensing fuel, repair shops, automated washes, and restaurants. (NAICS: 447190)


1.0Definitions

Truck, Utility Trailer and RV Rental: Establishments primarily engaged in renting or leasing, without drivers, trucks, truck tractors, buses, semitrailers, utility trailers, or RVs. (NAICS: 532120)

Urban Transit Systems: Establishments primarily engaged in operating local and suburban passenger transit systems over regular routes and on regular schedules within a metropolitan area and its adjacent nonurban areas. (NAICS: 48511)

Used Merchandise Stores: Establishments primarily engaged in retailing used merchandise, antiques, and secondhand goods. (NAICS: 4533)

Utilities, except Major Power Generators, Essential Service Utilities, Small Wind Energy Conversion Systems: All lines and facilities that provides the public with electricity, gas, heat, steam, communication, water, sewerage collection and similar services. (NAICS: 221)

Video Arcades: Establishments primarily engaged in operating amusement (except gambling, billiard, or pool) arcades and parlors. (NAICS: 71312)

Video/DVD Rental: Establishments primarily engaged in renting prerecorded video tapes and discs for home electronic equipment. (NAICS: 53223)

Vocational Rehabilitation Services: Establishments primarily engaged in providing vocational rehabilitation or habilitation services, such as job counseling, job training, and work experience, to unemployed and underemployed persons, persons with disabilities, and persons who have a job market disadvantage because of lack of education, job skill, or experience. (NAICS: 6243)

Warehousing and External Storage: Establishments engaged in outside storage, wholesale and distribution of manufactured products, supplies, and equipment. (NAICS: 493)

Warehousing and Internal Storage: Establishments engaged in inside storage, wholesale and distribution of manufactured products, supplies, and equipment.

Waste Management and Remediation Services (office only): Office establishments engaged in the organization and coordination of local hauling of waste materials; operating materials recovery facilities providing remediation services; and providing septic pumping and other miscellaneous waste management services. (NAICS: 562)

Water Freight Transportation: Establishments primarily engaged in providing water transportation on Lake Michigan. (NAICS: 483113)

Water Passenger Transportation: Establishments primarily engaged in providing water transportation of passengers on Lake Michigan. (NAICS: 483114)

Water Treatment and Distribution: An establishment engaged in operating a water treatment plant or operating a water supply system that may include pumping stations, aqueducts or distribution mains. (NAICS: 221310)

Welding Shops: Establishments primarily engaged in welding on site.


1.0 Definitions

Wholesale Distribution: Establishments engaged in wholesaling merchandise, generally without transformation, and rendering services incidental to the sale of merchandise. (NAICS: 42)

Wood Product Manufacturing: Establishments that manufacture wood products, such as lumber, plywood, veneers, wood containers, wood flooring, wood trusses, manufactured homes (i.e., mobile homes), and prefabricated wood buildings. (NAICS: 321)

Zoos and Botanical Gardens: Establishments primarily engaged in the preservation and exhibition of live plant and animal life displays. (NAICS: 71213)


2.0General Provisions

GENERAL PROVISIONSTitle

An ordinance for the development through zoning and/or subdivision of the area within the jurisdiction of the Advisory Plan Commission of the City of Whiting, Indiana. This ordinance may be cited as the "City of Whiting, Indiana Unified Development Ordinance".

Policyh. It is declared to be the policy of the City to consider the zoning of land

and the subsequent development of land as subject to the control of the City pursuant to the official Comprehensive Plan of the City for the orderly, planned, efficient, and economical development of the City.

i. It is declared to be the policy of the City to consider the subdivision of land and the subsequent development of the subdivided plat as subject to the control of the City pursuant to the official Comprehensive Plan of the City for the orderly, planned, efficient, and economical development of the City.

j. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace, and land shall not be subdivided until adequate public facilities and improvements exist and proper provision has been made for drainage, water, sewerage, and capital improvements such as schools, parks, recreational facilities, transportation facilities, and improvements.

k. The existing and proposed public improvements shall conform to and be properly related to the proposals shown in the City Comprehensive Plan, the Zoning Map, this Unified Development Ordinance, Thoroughfare Plan, and the capital budget and program of the City, and it is intended that these regulations shall supplement and facilitate the enforcement of the provisions and standards contained in building and housing codes, the Land Use Plan, Zoning Map, this Unified Development Ordinance, and the capital budget and program of the City.

l. Land that has been subdivided prior to the effective date of these regulations should, whenever possible, be brought within the scope of these regulations to further the purposes of regulation(s) identified in 1.3 Purposes.

PurposeThe purpose of these regulations is to protect and promote the public health, safety, and general welfare of the residents in the jurisdiction of the Advisory Plan Commission of the City of Whiting, hereafter referred to as the Plan Commission, and the City of Whiting Board of Zoning Appeals, hereafter referred to as the Board of Zoning Appeals, and to:

Interpretation1 City of Whiting Zoning Ordinance

2.0 General Provisions

m. Encourage the most appropriate use of land and to plan for a logical and orderly growth pattern in the City;

n. Guide future growth and development in accordance with the comprehensive planning process;

o. Make adequate provision for transportation, water, sewage, schools, parks, and other public and commercial facilities and services;

p. Protect the character and the social and economic stability of all parts of the City and encourage the orderly and beneficial development of the community through appropriate growth management techniques assuring the timing and sequencing of development and promotion of infill development in existing neighborhoods and nonresidential areas with adequate public facilities, assure proper urban form and open space separation of urban areas, and protect environmentally critical areas and areas premature for urban development.

q. Protect and conserve the value of land, buildings, and other improvements upon the land and minimize the conflicts among the uses of land or buildings;

r. Avoid scattered and uncontrolled growth and development that would result in the unnecessary imposition of an excessive expenditure of public funds for the supply of services that are a part of the community infrastructure;

s. Preserve and improve the present health, safety, and welfare of the citizens of the City through the provision of adequate light; air; convenience of access; and safety from flood, fire, and other hazards;

t. Regulate the subdividing and platting of land;

u. Guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation, and other public requirements and facilities;

v. Establish reasonable standards of design and procedures for subdi-visions and re-subdivisions in order to further the orderly layout and use of land, and to ensure proper legal descriptions and monumenting of subdivided land;

w. Prevent the pollution of air, streams, and ponds; assure the adequacy of drainage facilities; safeguard the water table; and encourage the wise use and management of natural resources throughout the City in order to preserve the integrity, stability, and beauty of the community and the value of the land;

x. Preserve the natural beauty and topography of the City and ensure appropriate development with regard to these natural features, and conserve natural resources such as natural beauty, woodlands, open spaces, and energy both during and after development;

y. Provide for open spaces through the most efficient design and layout of the land, including the use of average density in providing for minimum

PurposeCity of Whiting Unified Development Ordinance 2

2.0General Provisions

width and area of lots, while preserving the density of development as established by applicable provisions of this ordinance;

JurisdictionThis ordinance shall have jurisdiction over all lands within the incorporated boundaries of the City of Whiting, Indiana, unless otherwise specified.

ComplianceNo structure shall be located, erected, constructed, reconstructed, moved, altered, converted, or enlarged, nor shall any structure or land be used, except in full compliance with all provisions of this Ordinance and ordinances including, but not limited to WMC Chapter 12: Article XII. Portable Storage Units; WMC Chapter 4: Article X. Fences and Landscaping Improvements; WMC Chapter 14.5 Sign Ordinance; WMC Chapter 4: Article VI. Swimming Pools; and WMC Chapter 15.5 Telecommunications Ordinance and after the lawful issuance of all permits and certificates required by this Ordinance.

InterpretationInterpretation. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. These regulations shall be construed broadly to promote the purposes for which they are adopted.

z. Public Provisions. These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule, regulation, statute, or other provision of law, except as provided in these regulations. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other ordinance, rule, regulation, or other provision of law, the provision which is more restrictive or imposes higher standards shall control. It shall be the developer's or applicant's responsibility to determine and comply with all other applicable City, state, or federal codes or regulations governing development and land use activities.

aa. Private Provisions. These regulations are not intended to abrogate any easement, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easement, the requirements of these regulations shall govern. Where the provisions of the easement impose duties and obligations more restrictive, or standards that are higher than the requirements of these regulations or the determinations of the Plan Commission in approving a subdivision or in enforcing these regulations, and the private provisions are not inconsistent with these regulations or the determinations made under these regulations, then the private provisions shall be operative and supplemental to these regulations and the determinations made under the regulations. In no case shall the City be obligated to enforce the provisions of any easements or agreements between parties.

Interpretation3 City of Whiting Zoning Ordinance

2.0 General Provisions

ConflictIf for any reason these provisions come in conflict with any other regulations, the more restrictive regulation will apply.

SeverabilityShould any section, subsection, paragraph, subparagraph, clause, word, or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

Saving ProvisionThese regulations shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision regulations, or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm, or corporation, or as waiving any right of the City under any section or provision existing at the time of adoption of these regulations, or as vacating or annulling any rights obtained by any person, firm, or corporation by lawful action of the City except as shall be ex-pressly provided for in these regulations.

Effective DateThis ordinance shall be in full force and effect from and after its approval by the Common Council of the City of Whiting, Indiana, hereafter referred to as the City Council.

Reservations and AppealsUpon the adoption of these regulations according to law, the Unified Zoning and Subdivision Control Ordinance adopted June 21, 2011, as amended, are hereby effective as of the effective date of this ordinance per Section 2.10 Effective Date

AmendmentsIn accordance with IC 36-7-4-602, the legislative body may amend or partially repeal the text of this ordinance or they may amend the zoning maps of this ordinance.

AppealsAny person aggrieved by a decision of the Plan Commission relating to this ordinance may appeal said decision to the Lake County Circuit Court as provided by IC 36-7-4-708. The appeal shall be filed within thirty (30) days of the decision upon which the grievance is based.

Administrative OfficerThe Plan Commission’s appointed Administrator shall have the principal responsibility for implementation and enforcement of this ordinance, hereafter referred to as the Zoning Administrator.

PurposeCity of Whiting Unified Development Ordinance 4

3.0ZONING MAP AND DISTRICTS

ZONING MAP AND DISTRICTS Establishment of Zoning Map

The Zoning Map adopted with this Ordinance is hereby established as the official Zoning Map and Zoning Districts of the City of Whiting, Indiana. Said map designates the respective zoning districts in accordance with this Ordinance.

bb. ZONING MAP INCLUDED. The Zoning Map is specifically identified as part of this Ordinance.

cc. DETERMINATION AND INTERPRETATION OF DISTRICT BOUNDARIES. In determining the boundaries of districts, and establishing the provisions applicable to each district, due and careful consideration has been given to existing conditions, the character of buildings erected in each district, the most desirable use for which the land in each district may be adapted, and the conservation of property values throughout the areas of the City under the Plan Commission’s jurisdiction.

(1) Where uncertainty exists as to the exact boundaries of any district as shown on the Zoning Map, the following rules shall apply:

i. In un-subdivided areas, or where a district boundary line passes though a lot, the exact location of the boundary shall be determined by use of the scale of the official plat maps prepared by the Lake County Auditor.

ii. In the case of further uncertainty, the Plan Commission shall interpret the intent of the Zoning Map as to the location of the boundary in question.

dd. PROCEDURE RELATING TO VACATED AREAS. Whenever any street, place, alley, public way, railroad right-of-way, waterway, or other similar area is vacated by proper authority, the districts adjoining each side of such street, alley, public way, railroad right-of-way, or similar area shall be extended automatically to the center of such vacation and all areas included in the vacation shall then be subject to all appropriate provisions of the extended districts. In the event of a partial vacation, the adjoining district, or district nearest the portion vacated, shall be extended automatically to include all of the vacated area.

ee. ZONING OF STREETS, ALLEYS, PUBLIC WAYS, AND RAILROAD RIGHTS-OF-WAYS. All streets, alleys, public ways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same use district as the property immediately abutting upon these alleys, streets, public ways, and railroad rights-of-way. If the center line of a street is a boundary, the zoning of those areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to that center line.

Planned Unit Development - PUD1 City of Whiting Unified Development Ordinance

3.0 ZONING MAP AND DISTRICTS

Establishment of Districts and OverlaysLand use and geographic features in the City were examined and classified into zoning districts. These districts are defined on the Zoning Map. The Zoning Map shall be kept and maintained by the Zoning Administrator and shall be available for inspection by the public. Figure A: Zoning Districts shows the following districts hereby established:

Figure A: Zoning Districts

DistrictsDistrict Designation

General DistrictsRecreational REC

Single Family Detached Residential R-SF

Special Districts

Medium Density Residential R-MD-SZ

High Density Residential R-HD-SZ

Downtown Business C-DB-SZ

Boulevard Business C-BB-SZ

Low Impact Manufacturing I-LIM-SZ

High Impact Manufacturing I-HIM-SZ

Institutional INST-SZ

Lakefront Recreational REC-LAKE-SZ

Planned Unit Development PUD

Authorized Uses and Requirementsff. Intent of general use tables. The intent of the use table for each of the

districts in this chapter is to give a general idea of the types of uses permitted and prohibited for each district.

(1) This list is not meant to be comprehensive or exhaustive.

Planned Unit Development - PUDCity of Whiting Unified Development Ordinance 2


(2) Figure 1: Land Use District Table shows the Allowed/Permitted Use by Right, and Special Exception uses within each Zoning District.

(3) The Zoning Administrator shall have the authority to decide if the use classification is appropriate for any proposed use.

i. The Zoning Administrator may reassign a more appropriate use classification to the project that more appropriately reflects what the project wishes to achieve.

ii. The Zoning Administrator may use the 2007 North American Industry Classification System (NAICS) to determine a more appropriate use classification.



Recreational - RECPurpose and Description

gg. The Recreational (REC) District is intended to provide areas within the City for public and quasi-public uses, areas for passive and active recreation, and conservation of unique and/or environmentally sensitive natural areas.

Permitted Uses

hh. No building in this District hereafter shall be constructed, altered, converted, or used in whole or in part except for:

(1) Non-Potable Public Wells

(2) Essential Service Utilities

(3) Sporting Goods, Hobby, and Musical Instrument Stores

(4) Tackle Shops

(5) Railroad Operations

(6) Water Passenger Transportation

(7) Automated Teller Machines (ATM)

(8) Recreational Goods Rental

(9) Spectator Sports

(10) Sports Teams and Clubs

(11) Museums

(12) Historical Sites

(13) Zoos and Botanical Gardens

(14) Public Park

(15) Miniature Golf

(16) Campgrounds

(17) Sidewalk Café

(18) Limited Service Restaurants

(19) Cafeterias, Delis and Buffets

(20) Snack and Nonalcoholic Beverage Bars

(21) Ice Cream Parlor

(22) Mobile Food Services

(23) Roadside Food Stand

(24) Roadside Produce Stand



(25) Drinking Places (Alcoholic Beverages)

(26) Civic and Social Organizations

(27) Conference Center

(28) Offices of Executives, Legislative Bodies, and other General Government Support

(29) Police Protection

(30) Fire Protection

(31) Highway/Municipal Garage

Special Exceptions

ii. The following uses may be approved after filing of a special exception petition provided they follow all provisions for this district outlined by this Ordinance.

(1) Utilities, except Major Power Generators, Essential Service Utilities, Small Wind Energy Conversion Systems

(2) Small Wind Energy Conversion System

(3) Utility Substation

(4) Telecommunication Towers (except Standard Amateur Radio Antennas)

(5) Casinos

(6) Other Gambling Industries

(7) Private Parking Lots and Garages (excluding Municipal lots)

(8) Religious Organizations

Accessory Uses and Structures

jj. Accessory uses such as the following are authorized in the REC District subject to the provisions of any and all recorded restrictive covenants running with the land:

(1) Bird baths and bird houses

(2) Curbs

(3) Driveways

(4) Lamp posts

(5) Name plates

(6) Parking space

(7) Public utility installations for local service (such as poles, lines, hydrants, and telephone booths).

(8) Small wind energy conversion systems



(9) Retaining walls

(10) Trees, shrubs, plants, and flowers

(11) Walks

kk. Approved and documented permanent outdoor sales, display, and storage shall be permitted as accessory uses.

ll. Accessory structures may not be erected before the construction of principal structures.

mm. Accessory structures shall be clearly subordinate in height, area, bulk extent, and purpose to the primary structure and shall not exceed the required heights, setbacks or area standards.

(1) Accessory structures shall meet all setback requirements of the zoning district and shall not encroach on any platted easement except for driveways, retaining walls, trees, shrubs, plants, curbs, walks, or public utility installations.

nn. The Zoning Administrator shall determine whether or not accessory uses are permitted based on consistency of each use with the intent of the district in which it is located.

oo. The following accessory structures are permitted in the REC District and require an Improvement Location Permit certifying that all applicable property development standards and requirements of the ordinance have been met.

(1) Approved and documented permanent outdoor sales, display and storage

(2) Antennas and amateur radio towers over 10 feet of the permitted height regulations.

pp. Accessory Dwelling Units. Accessory Dwelling Units are not permitted in the REC District.



Development Standards Recreational - REC

Improvement StandardsMinimum lot size NoneMaximum lot size NoneMinimum road frontage NoneMinimum front setback(measured from road centerline)

10 feet

Maximum front setback NoneMinimum side setback, abutting a residential district

10 feet

Minimum side setback (all other) 10 feetMaximum side setback (all other) NoneMinimum rear setback, abutting a residential district

10 feet

Minimum rear setback (all other) 10 feetMaximum building height 35 ft Maximum impervious surface coverage None

Property Development Regulations

qq. A development plan review is not required within this district.

rr. Subdivision of land is permitted within this district. All subdivisions must follow requirements set forth in Section 6.0 Subdivision Control of this Ordinance.

ss. Sidewalks are required in this district.

tt. A centralized water and sewer system is required for this zoning district. The applicant shall be required to connect to a public sewer system. An individual disposal system is prohibited in this zoning district.

uu. Construction will be permitted across no more than five (5) contiguous lots provided that all of the following conditions are satisfied:

(1) All lots have common ownership

(2) All lots are within the same zoning district

(3) Proposed construction meets all improvement standards for the district

Building Standards

The purpose of building standards for the City is to establish uniform minimum standards for the occupancy to protect the health, welfare, and safety of the public.

vv. Minimum Standards. The following minimum standards shall apply to all primary structures within the City:

(1) The structure is affixed to a permanent foundation and has proper utility connections;

(2) The structure has conventional siding and roofing, and a six (6)-inch minimum eave overhang, including appropriate guttering; and



(3) The structure conforms with all applicable codes.

Height Standards

ww. No structure may be erected or changed to make its height greater than specified in the REC Development Standards Table, except for the following:

(1) Transmission towers for electric lines

(2) Water tower

xx. Amateur radio towers. Amateur radio towers may exceed the permitted height regulations by up to ten (10) feet but cannot interfere with business interception

yy. Small wind energy conversion systems. Small wind energy conversion systems may exceed the permitted height regulations by up to ten (10) feet in order to be within the appropriate wind pattern.

zz. Necessary Building Accessories. The following structural elements may exceed the permitted height standards by up to ten (10) feet:

(1) Necessary mechanical appurtenances;

(2) Water tanks;

(3) Chimneys;

(4) Fire towers;

(5) Stair towers; and

(6) Elevator bulkheads.

Temporary Uses and Structures

The following temporary uses shall be permitted in the REC district subject to approval by the Zoning Administrator based on their decision that the use will accommodate the temporary needs of properties and land uses, ensure that temporary uses do not become permanent without proper examination, and do not detrimentally affect the health, welfare, safety or morals of the neighborhood under consideration for such use.

aaa. Construction buildings. Temporary structures and buildings incidental to construction work are permitted, but must be removed upon completion of the construction.

bbb. Applicable Development Standards. Temporary structures must meet all development standards for a permanent accessory structure unless otherwise specified in this section.

ccc. Temporary Structure Time Limits. Any temporary structure used for a permitted primary use may be permitted for up to one (1) year, unless otherwise specified by this Ordinance.

ddd. Permit Required. Permits may be issued for temporary structures or uses upon review by the Plan Commission. The following are general provisions that must be met before approval:



(1) Temporary uses and/or structures that seek extensions of the initial time limits established in this section may renew such permit for a use and/or structure in thirty (30)-consecutive day increments upon review by the Zoning Administrator.

(2) Temporary structures and uses shall be subject to all of the regulations of the applicable zoning district.

(3) The temporary structure or use shall not cause traffic problems. Adequate access and off-street parking facilities shall be provided.

(4) Floodlights and other lighting shall be directed upon the premises and shall not be detrimental to adjoining properties.

(5) Signs shall not flash or blink or resemble traffic and emergency warning signals.

(6) Upon termination, the lot shall be put in a clean condition devoid of trash and remnants of the temporary use.

eee. Outdoor storage, sales and display, in compliance with the requirements of this ordinance shall be permitted in the REC District for the following uses:

(1) Outdoor Recreation Concessions

(2) Temporary Seasonal Kiosks

(3) Recreational Equipment Rental

fff. Approved and documented permanent outdoor sales, display, and storage shall be permitted as accessory uses.

ggg. Outdoor sales, display, and storage shall not be located in any setbacks, easements, right-of-way, or required off-street parking or loading areas.

(1) Motor vehicle sales and display may be permitted in off street parking areas.

(2) The maximum area for outdoor sales and display shall not exceed ten percent (10%).

Bulk Storage

hhh. Structures, buildings or above ground tanks used for bulk storage of flammable or explosive liquids, gases or other materials shall not be closer than fifty (50) feet to the property line.

iii. Additional information regarding evidence of safety measures may be required to the Plan Commission in order to determine the public safety therein.

Lighting

Outdoor lighting, where provided, shall be of a design and size that is harmonious with the design of the building, the type of land use, and the type of adjacent land uses subject to the following standards. All areas containing



outdoor lighting, including but not limited to floodlighting, security, street or parking lot lighting shall comply with the requirements of this section.

jjj. Shielded Lighting. All areas containing outdoor lighting shall limit light spoilage onto adjacent property, when measured at any point along a property line. Compliance shall be achieved by utilizing fixture shielding, directional control designed into fixtures, fixture location, height, or aim, or a combination of these or other factors.

kkk. Installation. All lighting installations shall be designed and installed to be fully shielded (full cutoff), with the exception below, and shall have a maximum lamp wattage of two hundred fifty (250) watts, and one hundred (100) watts incandescent.

(1) Light types exempt from full shielding:

i. Swimming pools, splash pads or water fountains

ii. Exit signs and other illumination required by building codes

iii. Lighting for stairs and ramps, as required by the building code

iv. Signs regulated by the sign code, WMC Chapter 14.5 Sign Ordinance

v. Holiday and temporary lighting (less than forty-five (45) days use in any one (1) year).

vi. Football, baseball, softball field, tennis court, playground, ice skating rink lighting, but only with permit from the Plan Commission recognizing that steps have been taken to minimize glare and light trespass, and utilize sensible curfews

vii. Low voltage landscape or pathway lighting

lll. Lighting Controls and Timers. Controls shall be installed on lighting fixtures that automatically extinguish all outdoor lighting by day using a switching device such as a photoelectric switch, astronomic time switch or a control system such as a programmable lighting controller, building automation system, lighting energy management system or the equivalent. The Plan Commission or Zoning Administrator may determine to what extent any proposed use will require lighting controls and timers. Lighting reductions are not required for any of the following:

(1) Code required lighting for steps, stairs, walkways, and points of ingress and egress to building and other facilities.

(2) Motion activated lighting.

(3) Lighting governed by special use permit in which times of operation are specifically identified.

mmm. Electrical Service. The electrical service to all outdoor lighting fixtures shall be underground, unless affixed to a building.

nnn. Lamps. The source of the actual light shall be halogen, metal halide, or other type that ensures true-color at night.



ooo. Height Limitations. Light sources which exceed twenty-five (25) feet in height shall not be allowed, except:

(1) Temporary holiday displays

(2) As required by local, state or federal regulations

(3) As permitted by the Plan Commission

ppp. Exceptions. The following are exempt from the ordinance:

(1) Temporary use of low-wattage or low-voltage lighting for pubic festivals, celebrations, and the observance of holidays

(2) Emergency lighting and traffic control lighting

Parking and Loading

The purpose of this section is to reduce traffic problems and hazards. Uses permitted within the REC District may include on-premise parking and loading sufficient for the needs normally generated by the use. Off street parking spaces shall be used only for the parking of vehicles of occupants, patrons, visitors, or employees and shall not be used for any kind of loading, sales, servicing or continuous storage of vehicles for more than forty-eight (48) hours. Spaces allotted to loading berths and loading areas shall not be used to satisfy parking space requirements.

qqq. Nonconforming Parking, Enlargement or Alteration of Existing Structures.

(1) No use lawfully established prior to the effective date of this section shall be required to provide and maintain the parking and loading requirements of this section, provided that parking and loading spaces required by any previous ordinance pursuant to state statutes shall be continued and maintained.

(2) For any nonconforming use which is hereafter damaged or partially destroyed, and which is lawfully reconstructed, reestablished, or repaired, parking and loading facilities equivalent to those maintained at the time of such damage or partial destruction shall be restored and continued in operation, provided; however, it is not necessary to restore or maintain parking or loading facilities in excess of those required by this ordinance for equivalent new uses.

(3) When the intensity of use of any building, structure, or premises shall be increased through the addition of dwelling units, floor area, beds, seating capacity, or other unit of measurement, parking, and loading facilities shall be provided for such increase in intensity of use.

(4) When the existing use of a building, structure, or premises shall be changed or converted to a new use permitted by this ordinance, parking, and loading facilities shall be provided as required for the new use.



(5) Parking and loading facilities in existence on the effective date of this section shall not be reduced below or if already less than, shall not be further reduced below, the requirements for a new use under this section.

rrr. Design Flexibility.

(1) Approved and documented permanent outdoor sales, display and storage shall be permitted as accessory uses do not require on- or off- street parking.

(2) Due to particularities of any given development, the inflexible application of required parking spaces may result in parking and loading spaces in excess of need. Upon the written request of the applicant, the Plan Commission may authorize a reduction of required parking spaces not to exceed ten percent (10%). Approval of reduction of required parking spaces by the Plan Commission shall be in writing and shall include justification for allowing such reduction.

(3) Upon written request by the applicant, up to twenty-five percent (25%) of the dedicated parking area may remain unpaved and in green space until such time as the need for maximum parking is determined. This decision and determination shall be at the discretion of the Plan Commission. Such green space shall not be counted toward required parking, landscaping, or buffer yards.

sss. Parking Space Dimensions.

(1) As used in this ordinance, the term “parking space” means an area, not including any part of a street or alley, designed or used for the temporary parking of a motor vehicle, with each parking space laid out in each of the following designs, having the following minimum dimensions:

i. Parallel: Eight (8) feet wide by twenty (20) feet long

ii. Right Angle (90°): Nine (9) feet wide by eighteen (18) feet long

iii.Sixty Degree (60°): Nine feet – eight inches (9’8”) wide by eighteen feet – five inches (18’5”) long

iv. Forty-Five Degree (45°): Twelve (12) feet wide by seventeen (17) feet long

(2) The length for the right angle, sixty (60) degree, and forty-five (45) degree parking space shall be measured at right angles to the edge of usable parking area forming the angles, exclusive of passageway.

(3) All uses which are required to provide accessible parking areas shall be required to provide the minimum number of accessible parking spaces required for said use; show the proposed dimensions and location of all such accessible parking spaces on all site plans, plats, and other plans which will be reviewed by the



Plan Commission or Board of Zoning Appeals; and comply with all appropriate parking, traffic, safety, and accessibility codes

(4) Parking isle widths shall conform to the following table

Figure B: REC Parking Isle Widths

Parking Isle WidthsAngle of Parking Minimum Isle Width

Right Angle - 90 Degree 24 feet, two way60 Degree 18 feet, one way45 Degree 14 feet, one wayAccessible Refer to ADA Guidelines

ttt. Required Parking Spaces.

(1) Off-street parking shall be provided as shown in Figure 2: Parking Requirements

(2) In determination of required parking spaces, any fraction of less than one-half (1/2) shall be disregarded, while a fraction one- half (1/2) or greater shall be counted as one parking space.

(3) For uses not specified in this section or in the instance requirements for an adequate number of spaces is unclear, the number of spaces shall be determined by the Zoning Administrator on the basis of similar requirements, the number of persons served or employed and the capability of adequately serving the visiting public. Such determination may be reviewed by the Plan Commission or appealed to the Board of Zoning Appeals.

(4) Unless noted in accordance with this section, the number of required automobile parking spaces shall be considered the minimum allowable number of spaces for any particular use.

(5) Any particular use shall not have more than ten percent (10%) more parking spaces than the required minimum amount required for that specific use.

uuu. Joint Use. Nonresidential uses, within the same and/or separate structures, may provide joint parking provided the total number of spaces is not less than the sum of requirements for the various uses. To the extent that developments with joint parking operate at different times, such parking spaces may be credited to both uses. The zoning administrator may require proof of an executed shared parking agreement.

vvv. Satellite Parking. Parking shall be required on site, except as provided in this section; however, the Board of Zoning Appeals may grant satellite parking to any nonresidential use by Special Exception. At least part of such parking must be within three hundred (300) feet of the proposed use. A site development plan must accompany any such application for Special Exception and must include the following:

(1) Adjacent streets, alleys, and lots



(2) All uses to be served including the location, use, and number of parking spaces provided

(3) A layout drawn to scale indicating aisles, driveways, entrances, exits, turn-off lanes, parking spaces, setbacks, drainage facilities, landscaping, lighting, pavement, and identification signs including location, size, and design

(4) All satellite parking shall be developed, maintained and used in accordance with the approved site development plan and all other requirements.

(5) Any change or other modification of uses served or number or parking spaces shall require amendment and re-approval by the Board of Zoning Appeals.

www. Loading and Unloading. Uses, except those that do not receive or transport goods in quantity by truck delivery, shall be provided loading berths. Each loading and unloading berth must include a twelve (12)-foot by forty-five (45)-foot loading space with a fourteen (14)-foot height clearance. No portion of the vehicle shall project into a street or alley and no loading berth shall be located within twenty-five (25) feet of the nearest point of intersection of any two (2) streets, nor shall be located in a required front yard or side yard adjoining a street.

Figure C: REC Loading Berth Requirements

Minimum Number

Required Gross Floor Area

1 up to 40,000 sft 2 40,000 to 80,000 sft3 80,000 to 120,000 sft 4 120,000 to 160,000 sft 5 160,000 to 240,000 sft

6 240,000 to 320,000 sft plus one (1) additional space for each additional eighty thousand (80,000) sft of Gross Floor Area, above three hundred twenty thousand (320,000) sft

xxx. General Design.

(1) Nonresidential parking or loading areas along the street front should be minimized. When possible, parking, or loading areas should be placed to the rear of the structure. All parking or loading areas shall be designed with appropriate means of movement and shall be so arranged that movement can proceed safely without posing a danger to pedestrians or other vehicles. No parking area shall be so designed as to require backing into a public street, public or private pedestrian access way, or from a public alley.



(2) All parking or loading spaces shall be designed, arranged and regulated as to open directly upon an aisle or driveway without obstruction.

(3) All parking areas shall be striped and channelized as appropriate. Parking spaces shall be marked and access lines clearly defined, including directional arrows to guide internal movement and directional signs as necessary.

(4) All parking or loading areas shall be maintained in good condition and free of weeds, dirt, trash, and debris.

(5) Parking spaces shall be provided with bumper guards or wheel stops along the perimeter of the parking area so located that no part of a parked vehicle will extend beyond the boundary of the parking area.

(6) No more than fifteen (15) parking spaces shall be permitted in a continuous row.

(7) All parking lots must be paved with a hard surface such as asphalt, concrete or pervious pavers.

(8) All parking areas consisting of more than sixty (60) spaces shall provide separate pedestrian walkways. Such walkways should generally be oriented perpendicular to and between parking bays.

i. One walkway can serve as a collector for up to four (4) rows of parking spaces.

ii. The walkway should be a minimum of four feet wide, allowing an additional thirty (30) inches on each side for overhanging of vehicles.

iii. All walkways should be constructed to be clearly defined through the use of material, landscaping or other form of delineation.

(9) Any use which fronts upon and utilizes access to a primary or secondary arterial shall provide and utilize a common frontage or access lane for the purpose of access, parking and loading.

(10) Required parking spaces may be open to the sky or enclosed in a structure. Parking structures shall be treated as any major structure and shall be subject to all applicable structural requirements of this ordinance.

(11) Parking structures shall be designed to be architecturally compatible with their surroundings, including appearance, size, scale, building materials, and bulk.

(12) All parking areas shall conform to state and federal requirements regarding accessibility.

yyy. Entrances/Driveways



(1) Entrances and driveways must be spaced away from intersections for vehicular and pedestrian safety and to reduce traffic congestion. Spacing should be as follows in the table below:

Figure D: REC Road Widths

ROAD CLASS/DISTRICT

REC / REC LAKE R-SF R-MD R-HD C-

DBC-BB ISNT I-

LIMI-

HIMPRIMARYARTERIAL 60 FT 60 FT 60 FT 60 FT 60

FT 60 FT

60 FT

70 FT

80 FT

SECONDARYARTERIAL 50 FT 50 FT 50 FT 50 FT 50FT 50

FT 50 FT

60 FT

70 FT

COLLECTOR (FEEDER) 40 FT 40 FT 40 FT 40 FT 40

FT 40 FT

40 FT

50 FT

60 FT

LOCAL STREET 30 FT 30 FT 30 FT 30 FT 30 FT

30 FT

30 FT

40 FT

50 FT

(2) Driveway width shall be a minimum of twenty-four (24) feet for uses in the REC District.

zzz. Landscaping within Off-Street Parking Areas.

(1) All off-street parking areas containing fifteen (15) or more spaces shall be separated from all public or private street rights-of-way by a landscape screen that is a minimum of fifteen (15) feet in width. Parking areas adjacent to other developed parcels shall require a planting area that is a minimum ten (10) feet in width. Landscape buffers may be achieved through the use of earthen berms, shrubs, trees, or other appropriate materials to effectively screen the parking area from the rights-of-way.

(2) Interior Parking Areas. Planting shall be established to break up the interior of all parking areas. Landscape planting islands shall be a minimum of eight feet (8) in width to ensure adequate room for planting. Interior landscaping shall be comprised of one canopy tree and three shrubs for every fifteen (15) parking spaces.

(3) Lighting. Lighting provided to illuminate off-street parking areas shall be so arranged, shielded, and directed upon the parking area in such a manner as to not reflect or cause glare into adjacent properties or interfere with street traffic. Lighting shall be in accordance with the Lighting standards listed above.

(4) Inspections: At the time the structure receives its final inspection, the completion of the landscaping in accordance with these requirements shall also be a part of the final inspection. However, if seasonal circumstances do not permit the planting of the required landscaping, the developer may post a bond in the amount of one hundred ten percent (110%) of the installed landscape cost, and may delay installation up to six (6) months. The final inspection of the landscaping shall be performed at a reasonable, later date as determined by the Administrator.



Landscaping

This section provides minimum standards for all landscaping required by this ordinance.

aaaa. Basic Standards. This section shall apply to new property development and any expansion of existing legally conforming sites or structures that exceeds thirty-five percent (35%) of the existing site or structure.

(1) All plant materials must be kept in a healthy condition. No artificial plants shall be considered toward minimum landscaping requirements. Dead plants must be removed and replaced as necessary.

(2) All portions of the site where existing vegetative cover is damaged or removed, that are not otherwise covered with new improvements, shall be successfully re-vegetated with a mix of native, adaptive and drought tolerant grasses and ground covers. The density of the reestablished vegetation must be adequate to prevent soil erosion and invasion of weeds after one growing season.

(3) All plant materials shall be installed in the best possible manner to ensure their continued viability. Shrub and flower beds must be lined with a weed barrier mesh (or similar material designed for weed control) to prevent the introduction of noxious weeds.

(4) All required landscaping must be located on the property it serves.

(5) All required landscaping must be located outside of any adjacent right-of-way unless otherwise stated by the Zoning Administrator.

(6) Landscaping shall be used to screen from view uses such as trash enclosures, storage areas, mechanical equipment, loading docks, and similar items where such areas are visible from roads, sidewalks, or open space.

(7) Non-living ground cover may include decorative gravel, bark mulch, river rock, or similar materials. Decorative elements, such as walks, decks, terraces, water features and similar features may be included. Planting beds may not contain more than fifty percent (50%) non-living ground cover.

(8) All plants used for landscaping shall be compatible with the local climate and the soils, drainage, and water conditions of the site. When planting occurs on hillsides, slopes, drainage ways or similar natural areas, plant material should duplicate adjacent plant communities both in species composition and special distribution patterns. Whenever possible, drought-resistant varieties of plant materials shall be utilized.

(9) Healthy trees, native vegetation and natural or significant rock outcroppings and other valuable features shall be preserved and integrated within planting areas. Existing healthy trees and shrubs



that are preserved shall count towards the landscaping standards of this Section.

(10) To ensure healthy plant materials are installed in new development, trees and shrubs shall comply with the following standards.

i. Deciduous Trees. Deciduous trees shall be a minimum of two inches (2”) in caliper measured four (4) inches above the ground.

ii. Coniferous Trees. Coniferous trees shall be a minimum of six (6) feet in height, measured from the top of the root ball to the top of the tree.

iii. Ornamental Trees. Ornamental trees shall be a minimum of one and one-half (1.5) inches in caliper, measured four (4) inches above the ground.

iv. Shrubs and Vines. Shrubs shall be a minimum of one (1) foot in height at time of planting. Vines shall be in a minimum one (1) gallon container.

(11) Clear vision areas shall be designated in compliance with applicable requirements of the Indiana Department of Transportation, and as otherwise deemed necessary for public health and safety. Plant materials shall be limited to thirty (30) inches in height within the clear vision area to avoid visibility obstructions or blind corners at intersections.

(12) Landscaping shall not obstruct fire hydrants or utility boxes and shall be installed so it will not grow into any overhead utility lines. Trees and shrubs shall not be planted within four (4) feet of existing overhead or underground lines.

Environmental Standards

No land shall be used or structure erected where the land is unsuitable for such use or structure due to slopes greater than ten (10) percent, adverse soil or rock formation, erosion susceptibility, low percolation rate or bearing strength, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of the community. In addition, the following standards must be met:

bbbb. Surface Water. It shall be the responsibility of the owner of any lot or parcel of land developed for any use to provide for adequate surface water drainage. When possible, existing natural surface drainage may be utilized. Whenever the evidence available indicates that the natural surface drainage is inadequate, the owner shall provide the parcel with an adequate surface water system which shall be integrated into the drainage pattern of surrounding properties. When the surface drainage is adequate, an easement for such surface drainage shall be provided. On-site detention shall be required where necessary to prevent harm to adjoining properties.



cccc. Drainage. Drainage swales (ditches) along dedicated roadways and within the right-of-way or on dedicated drainage easements are not to be altered, except for maintenance as originally constructed and as approved by the County Highway Department, the Lake County Drainage Board, City Street Department, or Indiana Department of Transportation. Driveways may be constructed over these or other approved structures as permitted by the appropriate agency.

dddd. Permanent Structures. No permanent structures other than a fence may be erected, and if erected in violation of this section, no such structure may be used if the location is within seventy-five (75) feet of the centerline of any legal tile ditch, or within seventy-five (75) feet of the existing top edge of any legal open ditch or tile unless approved by the Lake County Drainage Board and the Whiting Plan Commission.

eeee. Preservation of Natural/Historic Features. Existing natural and historic features which would add value to development of natural or manmade assets of the city such as trees, streams, vistas, lakes, historical landmarks, and similar irreplaceable assets, shall be preserved through harmonious and careful design. Land to be developed shall be designed and improved as far as practical in conformity to existing topography in order to minimize stormwater runoff, and conserve the natural cover and soil.

ffff. Cut/Fill Grade. No cut or fill grade shall exceed a slope of 3:1 or thirty-three and one-third (33 1/3) percent. This provision shall apply to all cuts and fills exceeding one hundred (100) square feet in exposed surface area, including cuts or fills on land naturally exceeding 3:1 in slope.

gggg. Erosion Prevention. All land, regardless of slope, from which structures or natural cover has been removed or otherwise destroyed, shall be appropriately graded and seeded within a reasonable time of such activity to prevent erosion.

hhhh. Alterations to Shoreline. No alteration of the shoreline or bed of a river or public lake shall be made until written approval is obtained from the Indiana Department of Natural Resources, and the provisions of this ordinance are complied with. Alterations include, among other things, filling of a river or wetlands, dredging of a riverbed, and ditch excavation within one-half (1/2) mile of a water body.

iiii. Hazardous Waste. All development must be in compliance with IC Title 7, as amended, as it relates to hazardous waste, low level nuclear waste, underground storage tanks, waste tires, and other applicable ordinances of said Title.

jjjj. Environmental Quality. All development must be in compliance with IC Title 13, as amended, as it relates to air pollution control, water pollution control, solid waste management, and other applicable ordinances of said Title.

kkkk. Waste Disposal. No waste materials such as garbage, rubbish, gasoline, oil, flammables, soils, tars, chemicals, greases, industrial or



agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity, or temperature so as to contaminate, pollute, or harm the waters shall be deposited, located, stored, or discharged on any lot in a way that would be likely to run off, seep, or wash into surface or ground waters.

llll. Fuel Storage. No highly flammable or explosive liquids, solids, or gases specified by the State Fire Marshal shall be stored in bulk above ground, except tanks or drums of fuel connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel except for permitted uses in an I-HIM-SZ district.

mmmm. Debris/Refuse. Debris and refuse shall not accumulate on any property, in any zoning district.

nnnn. Treatment of Fill. Bricks, concrete, lumber, and other material used for fill where permitted by this ordinance and/or by the IDEM, DNR, or other governmental agency, shall be promptly covered and seeded.

oooo. View Requirements. Where a proposed structure will eliminate more than fifty percent of an adjacent structure's view or exposure to the sun, an additional yard area setback may be required by the Administrator so that the fifty (50) percent view or exposure may be maintained.

pppp. Health and Safety. No use shall be permitted which is injurious in health and safety of humans, animals, or vegetation, or which is noxious by reason of the emission of odor, visual pollution, or other undesirable nuisances which effects extend beyond the lot line where the use exists.

Bicycle and Pedestrian Facilities

All sidewalks shall follow the standards set forth in WMC Chapter 15: Streets, Sidewalks and other Public Places. The following may be required in addition to the Sidewalk Ordinance.

qqqq. Sidewalks may be placed within required setbacks.

rrrr. Sidewalks must meet and connect with sidewalks on adjoining properties. The Zoning Administrator can, and may require changes to sidewalk placement to meet this requirement.

ssss. Sidewalks shall remain the property of the property owner, who shall be responsible for maintenance and upkeep of sidewalks at all times.

tttt. Sidewalks shall be maintained at all times to meet accessibility requirements of the Americans with Disabilities Act.

uuuu. Sidewalks shall have a maximum slope of five percent (5%), be a minimum of five (5) feet wide with a four (4) inch surface thickness and six (6) inch compacted aggregate base.

vvvv. Sidewalks shall be maintained at all times to be passable. This includes:

(1) Removal of snow and other debris



(2) Repair or replacement due to major cracks or other damage

wwww. Shared-use paths. A shared-use path may replace the sidewalk requirement where a City approved shared-use path exists or is planned.



Single-Family Detached Residential – R-SFPurpose and Description

xxxx. The Single-Family Detached Residential (R-SF) District is intended to provide for moderate density single-family residential development. This district may also accommodate conservation subdivisions and/or neo-traditional subdivisions. This district allows a detached residential dwelling unit designed for and occupied by one (1) family on each residential lot.

Permitted Uses

yyyy. No building in this District hereafter shall be constructed, altered, converted, or used in whole or in part except for:



(3) Home-based Child Day Care (per IC 36-7-4-1108)

(4) Public Park


(6) Fire Protection

(7) Single Family Detached Garage

(8) Single Family Attached Garage

Special Exceptions

zzzz. The following uses may be approved after filing of a special exception petition provided they follow all provisions for this district outlined by this Ordinance.



(3) Standard Amateur Radio Antennas


(5) Home Occupation

(6) Bed and Breakfast Inns


(8) Model Homes




aaaaa. Accessory uses such as the following are authorized in the R-SF District subject to the provisions of any and all recorded restrictive covenants running with the land


(2) Accessory buildings

(3) Accessory Garages

(4) Curbs

(5) Driveways

(6) Lamp posts

(7) Name plates

(8) Parking space

(9) Public utility installations for local service (such as poles, lines, hydrants, and telephone booths)

(10) Retaining walls


(12) Walks

bbbbb. Accessory structures may not be erected before the construction of principal structures.

ccccc. Accessory structures shall be clearly subordinate in height, area, bulk extent, and purpose to the primary structure and shall not exceed the required heights, setbacks or area standards.


ddddd. The Zoning Administrator shall determine whether or not accessory uses are permitted based on consistency of each use with the intent of the district in which it is located.

eeeee. The following accessory structures are permitted in the R-SF District and require an Improvement Location Permit certifying that all applicable property development standards and requirements of the ordinance have been met.

(1) Buildings such as garages, fences, carports, enclosed patios, bath houses, gazebos, cabanas, greenhouses, storage sheds, stables, and other structures over 100 square feet in area

(2) Home occupation structures in accordance with this Ordinance



(3) Antennas and amateur radio towers exceeding the permitted height regulations by more than ten (10) feet.

fffff. Garages. Attached and detached garages are permitted in the R-SF District subject to the following standards. Attached garages shall only be allowed on corner lots.

(1) Location. Location of detached garages should follow the setback requirements set forth within this district and shall be located behind the primary building.

(2) Wall Height. The maximum wall height shall be nine feet six inches (9’-6”) above grade.

(3) Building Height. The maximum building height shall be fifteen (15) feet, measured at the point located half-way between the top of the wall plate and the peak of the roof. Building height may be increased up to eighteen (18) feet when the pitch of the garage is designed to match the roof pitch of the primary structure.

(4) Roof Pitch. The minimum roof pitch on detached garages shall match the roof pitch of the primary structure in keeping with the architectural character of the neighborhood, but shall not be less than a roof pitch of 4/12. Flat roofs are prohibited.

(5) Second Story. Garages shall not have a second story. Flooring on the rafters for the purpose of creating a storage area shall not be considered a second story. Headroom in a rafter storage area shall not exceed six (6) feet.

(6) Size. Garages shall not exceed 750 s.f. in floor area.

ggggg. Accessory Dwelling Units. Accessory Dwelling Units are not permitted in the R-SF District



Development Standards Single-Family Detached Residential – R-SF

Improvement StandardsMinimum lot size 2,500 square feetMaximum building height 35 feetMaximum impervious surface area 80 percentMinimum primary structure width 18 feetMinimum road frontage 25 feetFront setback on Improved Blocks The average setback of other buildings on

the block on the same side of the street. The zoning administrator shall have the authority to determine the setback.

Front setback on Unimproved Blocks(measured from inside public sidewalk)

Not less than fifteen (15) feet or more than twenty (20) feet to front of foundation, but this regulation shall not be interpreted to require a front yard of more than twenty-five (25) percent of the depth of the lot.

Minimum rear setback (except Through Lot) 20 feetMinimum rear setback for Through Lot NoneMaximum rear setback 25 feetMinimum side setback 3 feet, except lots less than thirty (30) feet

wide may have a minimum 2 and ½ feet setback


hhhhh. A development plan review is not required within this district.

iiiii. Subdivision of land is permitted within this district. All subdivisions must follow requirements set forth in Section 6.0 Subdivision Control of this Ordinance.

jjjjj. Sidewalks are required in this district.

kkkkk. A centralized water and sewer system is required for this zoning district. The applicant shall be required to connect to a public sewer system. An individual disposal system is prohibited in this zoning district.

lllll. Construction will be permitted across no more than two (2) contiguous lots provided that all of the following conditions are satisfied:

(1) Both lots have common ownership

(2) Both lots are within the same zoning district


Building Standards


mmmmm. Minimum Standards. The following minimum standards shall apply to all primary structures within the City.




(2) The structure, excluding any additions or attachments, has a width of at least eighteen (18) feet at any one point, and a minimum floor area, excluding garages, porches, or attachments, of one thousand (1,000) square feet;

(3) The structure has conventional residential siding and roofing and a six (6) inch minimum eave overhang, including appropriate guttering; and


nnnnn. The Building Standards above apply to new construction occurring after the date of the approval of this Zoning Ordinance. Legally established dwelling units existing prior to the adoption of this Zoning Ordinance shall be deemed to be legal, non-conforming uses.

Height Standards

ooooo. No structure may be erected or changed to make its height greater than specified in the R-SF Development Standards Table, except for the following:

(1) Steeples on religious places of worship

(2) Spires, bell tower, and cupolas on religious places of worship or publicly owned structures


(4) Water tower

ppppp. Amateur Radio Towers. Amateur radio towers may exceed the permitted height regulations by up to ten (10) feet but cannot interfere with business interception

qqqqq. Small Wind Energy Conversion Systems. Small wind energy conversion systems may exceed the permitted height regulations by up to ten (10) feet in order to be within the appropriate wind pattern.

rrrrr. Necessary Building Accessories. The following structural elements may exceed the permitted height standards by up to ten (10) feet:

(1) Necessary mechanical appurtenances

(2) Water tanks

(3) Chimneys

(4) Fire towers

(5) Stair towers

(6) Elevator bulkheads




sssss. The following temporary uses shall be permitted in the R-SF district subject to approval by the Zoning Administrator based on their decision that the use will accommodate the temporary needs or properties and land uses, ensure that temporary uses do not become permanent without proper examination, and do not detrimentally affect the health, welfare, safety, or morals of the neighborhood under consideration for such use.

(1) Construction Buildings. Temporary structures and buildings incidental to construction work are permitted but must be removed upon completion of the construction.

(2) Applicable Development Standards. Temporary structures must meet all development standards for a permanent accessory structure unless otherwise specified in this section.

(3) Temporary Structure Time Limits. Any temporary structure used for a permitted primary use may be permitted for up to one (1) year, unless otherwise specified by this Ordinance.

(4) Permit Required. Permits may be issued for temporary structures or uses upon review by the Plan Commission. The following are general provisions that must be met before approval:

i. Temporary uses and/or structures that seek extensions of the initial time limits established in this section may renew such permit for a use and/or structure in thirty (30)-consecutive-day increments upon review by the Zoning Administrator.

ii. Temporary structures and uses shall be subject to all of the regulations of the applicable zoning district.

iii. The temporary structure or use shall not cause traffic problems. Adequate access and off-street parking facilities shall be provided.

iv. Public address systems shall not be used in areas of concentrated residential development.

v. Floodlights and other lighting shall be directed upon the premises and shall not be detrimental to adjoining properties.

vi. Signs shall not flash or blink or resemble traffic and emergency warning signals.

vii. Upon termination, the lot shall be put in a clean condition devoid of trash and remnants of the temporary use.

(5) Garage Sale/Yard Sale. As used herein “garage or yard sale” is defined as a sale of household goods, furniture, equipment, utensils, appliances, tools, personal clothing or effects, novelty items, glassware, farm products, or similar personal property, including, but not limited to, any sale commonly termed “Porch Sale,” “Yard Sale,” “Lawn Sale,” “Group Family Sale,” “Rummage Sale,” “White Elephant Sale,” “Flea Market Sale,” or “Attic Sale.”



(6) Any garage or yard sale may be conducted two (2) times in any one calendar year on any premises, but no such sale shall be conducted for more than three (3) consecutive days.

(7) All Items of personal property sold at such garage or yard sale shall be owned by the owner or occupier of the premises. Sale of goods or products purchased exclusively for resale and sale of consignment goods or products are prohibited.

(8) Such garage or yard sale shall only be conducted during the hours between 8 a.m. and 5 p.m.

(9) All personal property exhibited for sale during such garage or yard sale shall be removed from the outside and placed within a structure immediately following the last day of such sale. All signs erected for such garage or yard sale shall likewise be removed.

Lighting

Outdoor lighting, where provided, shall be of a design and size that is harmonious with the design of the building, the type of land use, and the type of adjacent land uses subject to the following standards. All areas containing outdoor lighting, including but not limited to floodlighting, security, street, or parking lot lighting, shall comply with the requirements of this section.

ttttt. Shielded Lighting. All areas containing outdoor lighting shall limit light spoilage onto adjacent property, when measured at any point along a property line. Compliance shall be achieved by utilizing fixture shielding; directional control designed into fixtures; fixture location, height, or aim; or a combination of these or other factors.

uuuuu. Installation. All lighting installations shall be designed and installed to be fully shielded (full cutoff), with the exceptions below. In residential areas, light should be shielded such that the lamp itself or the lamp image is not directly visible outside the property perimeter.


i. Lighting for stairs and ramps, as required by the building code

ii. Signs regulated by the sign code, WMC Chapter 14.5 Sign Ordinance

iii. Holiday and temporary lighting (less than forty-five (45) days use in any one year).

iv. Low-voltage landscape or pathway lighting

(2) Lighting Controls and Timers. Lighting controls are not required for residential lighting.

vvvvv. Electrical Service. The electrical service to all outdoor lighting fixtures shall be underground, unless affixed to a building or temporary and holiday lighting.

wwwww. Lamps. The source of the actual light shall be halogen, metal halide, or other type that ensures true-color at night.



xxxxx. Height Limitations. Light sources that exceed twenty-five (25) feet in height shall not be allowed, except:


(2) As required by local, state, or federal regulations

yyyyy. Exceptions. The following are exempt from the ordinance:

(1) Temporary use of low-wattage or low-voltage lighting for public festivals, celebrations, and the observance of holidays


Parking and Loading

The purpose of this section is to reduce traffic problems and hazards by eliminating unnecessary on-street parking. Uses permitted within the district shall include off-street parking. Off-street parking spaces shall be used only for the parking of vehicles of occupants and visitors and shall not be used for any kind of loading, sales, or servicing.

zzzzz. Nonconforming Parking, Enlargement or Alteration of Existing Structures.


(2) For any nonconforming use which is hereafter damaged or partially destroyed, and which is lawfully reconstructed, reestablished, or repaired, parking and loading facilities equivalent to those maintained at the time of such damage or partial destruction shall be restored and continued in operation, provided, however, it is not necessary to restore or maintain parking or loading facilities in excess of those required by this ordinance for equivalent new uses.

(3) When the intensity of use of any building, structure, or premises shall be increased through the addition of dwelling units, floor area, beds, seating capacity, or other unit of measurement, parking and loading facilities shall be provided for such increase in intensity of use.

(4) When the existing use of a building, structure, or premises shall be changed or, converted to a new use permitted by this ordinance, parking and loading facilities shall be provided as required for the new use.

(5) Parking and loading facilities in existence on the effective date of this section shall not be reduced below or if already less than, shall not be further reduced below the requirements for a new use under this section.



aaaaaa. Design Flexibility.

(1) Except for providing the minimum number of off-street parking spaces required in this ordinance for residential uses (exclusive of any commercial or lodging operations associated with residential uses), parking spaces shall not be located in required front yards.

(2) Parking spaces for any commercial or lodging operations associated with a residential use shall be provided either in the side yards or the rear yard of such dwelling, substantially out of public view from:

i. The street fronting the front yard or an interior lot (or both frontages on a through-lot); and

ii. Both streets that front the side and front yards on a corner lot (or all street frontages on corner lots that run the entire length of the block).

bbbbbb. Parking Space Dimensions.




iii. Sixty Degree (60°): Nine feet eight inches (9’8”) wide by eighteen feet five inches(18’5”) long


v. The length for the right angle, sixty (60) degree, and forty-five (45) degree parking space shall be measured at right angles to the edge of usable parking area forming the angles, exclusive of passageway.

vi. All uses that are required to provide accessible parking areas shall: be required to provide the minimum number of accessible parking spaces required for said use; show the proposed dimensions and location of all such accessible parking spaces on all site plans, plats, and other plans that will be reviewed by the Plan Commission or Board of Zoning Appeals; and comply with all appropriate parking, traffic, safety, and accessibility codes.

(2) Parking Aisle widths shall conform to the following table



Figure E: R-SF Parking Isle Widths

Parking Aisle WidthsAngle of Parking Minimum Aisle Width

Right Angle – 90 Degree 24 feet, two way60 Degree 18 feet, one way45 Degree 14 feet, one wayAccessible Refer to ADA Guidelines

(3) Parking spaces shall not be located in required front yards.

(4) Parking on grass or dirt areas in the front, back, or side lot of any property located in any commercial or residential district shall be prohibited except for emergency response vehicles.

(5) Driveways shall be a minimum ten (10) feet for one-way traffic and eighteen (18) feet for two-way traffic, except that a ten (10) foot driveway is permissible for two-way traffic when the driveway is not longer than fifty (50) feet and provides access to a maximum of five (5) parking spaces.

cccccc. Required Parking Spaces.

(1) The minimum size for a residential off-street parking lot area shall be eight (8) feet by eighteen (18) feet.

(2) Off-street parking shall be provided as shown in Figure 2 :Parking Requirements.

(3) In determination of required parking spaces, any fraction of less than one-half shall be disregarded, while a fraction one half or greater shall be counted as one parking space.



(6) Any particular use shall not have more than 10% more parking spaces than the required minimum amount required for that specific use.

dddddd. Loading and Unloading. Uses, except those that do not receive or transport goods in quantity by truck delivery, or those uses along 119th

Street, shall be provided loading berths. Each loading and unloading berth must include a twelve (12)-foot by forty-five (45)-foot loading space with a fourteen (14)-foot height clearance. No portion of the vehicle shall project into a street or alley, and no loading berth shall be



located within twenty-five (25) feet of the nearest point of intersection of any two (2) streets, nor be located in a required front yard or side yard adjoining a street.

(1) Loading and Unloading for Uses Along 119th Street. Deliveries to uses along 119th Street shall be restricted to alley ways between the hours of 6:00am and 8:00pm. Deliveries made between 8 p.m. and 6 a.m. may be made along 119th Street.

Figure F: R-SF Loading Berth Requirements

Minimum Number


1 up to 40,000 sft 2 40,000 to 80,000 sft 3 80,000 to 120,000 sft 4 120,000 to 160,000 sft 5 160,000 to 240,000 sft


eeeeee. General Design



(3) All parking lots must be paved with a hard surface such as asphalt, concrete, or pervious pavers.



ffffff. Entrances/Driveways




Figure G: R-SF Road Widths

ROAD CLASS/DISTRICT

REC /REC LAKE

R-SF

R-MD

R-HD

C-DB

C-BB ISNT I-LIM I-

HIMPRIMARYARTERIAL 60 FT 60

FT60 FT

60 FT

70 FT

60 FT 60 FT 70

FT 80 FT

SECONDARYARTERIAL 50 FT 50

FT50 FT

50 FT

60 FT

50 FT 50 FT 60

FT 70 FT

COLLECTOR (FEEDER) 40 FT 40

FT40 FT

40 FT

50 FT

40 FT 40 FT 50

FT 60 FT

LOCAL STREET 30 FT 30 FT

30 FT

30 FT

40 FT

30 FT 30 FT 40

FT 50 FT


gggggg. No land shall be used or structure erected where the land is unsuitable for such use or structure due to slopes greater than ten (10) percent, adverse soil or rock formation, erosion susceptibility, low percolation rate or bearing strength, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of the community. In addition, the following standards must be met:

(1) Surface Water. It shall be the responsibility of the owner of any lot or parcel of land developed for any use to provide for adequate surface water drainage. When possible, existing natural surface drainage may be utilized. Whenever the evidence available indicates that the natural surface drainage is inadequate, the owner shall provide the parcel with an adequate surface water system, which shall be integrated into the drainage pattern of surrounding properties. When the surface drainage is adequate, an easement for such surface drainage shall be provided. On-site detention shall be required where necessary to prevent harm to adjoining properties.

(2) Drainage. Drainage swales (ditches) along dedicated roadways and within the right-of-way or on dedicated drainage easements are not to be altered, except for maintenance as originally constructed and as approved by the County Highway Department, the Lake County Drainage Board, City Street Department, or Indiana Department of Transportation. Driveways may be constructed over these or other approved structures as permitted by the appropriate agency.

(3) Permanent Structures. No permanent structures other than a fence may be erected, and if erected in violation of this section, no such structure may be used if the location is within seventy-five (75) feet of the centerline of any legal tile ditch, or within seventy-five (75) feet of the existing top edge of any legal open ditch or tile unless approved by the Lake County Drainage Board and the Whiting Plan Commission.



(4) Preservation of Natural/Historic Features. Existing natural and historic features that would add value to development of natural or manmade assets of the city, such as trees, streams, vistas, lakes, historical landmarks, and similar irreplaceable assets, shall be preserved through harmonious and careful design. Land to be developed shall be designed and improved as far as practical in conformity to existing topography in order to minimize stormwater runoff and conserve the natural cover and soil.

(5) Cut/Fill Grade. No cut or fill grade shall exceed a slope of 3:1 or thirty-three and one-third (33 1/3) percent. This provision shall apply to all cuts and fills exceeding one hundred (100) square feet in exposed surface area, including cuts or fills on land naturally exceeding 3:1 in slope.

(6) Erosion Prevention. All land, regardless of slope, from which structures or natural cover has been removed or otherwise destroyed, shall be appropriately graded and seeded within a reasonable time of such activity to prevent erosion.

(7) Alterations to Shoreline. No alteration of the shoreline or bed of a river or public lake shall be made until written approval is obtained from the Indiana Department of Natural Resources and the provisions of this Ordinance are complied with. Alterations include, among other things, filling of a river or wetlands, dredging of a riverbed, and ditch excavation within one-half (1/2) mile of a water body.

(8) Hazardous Waste. All development must be in compliance with IC Title 7, as amended, as it relates to hazardous waste, low- level nuclear waste, underground storage tanks, waste tires, and other applicable ordinances of said Title.

(9) Environmental Quality. All development must be in compliance with IC Title 13, as amended, as it relates to air pollution control, water pollution control, solid waste management, and other applicable ordinances of said Title.

(10) Waste Disposal. No waste materials, such as garbage, rubbish, gasoline, oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity, or temperature so as to contaminate, pollute, or harm the waters, shall be deposited, located, stored, or discharged on any lot in a way that would be likely to run off, seep, or wash into surface or ground waters.

(11) Fuel Storage. No highly flammable or explosive liquids, solids, or gases specified by the State Fire Marshal shall be stored in bulk above ground, except tanks or drums of fuel connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel, except for permitted uses in an I-HIM-SZ District.



(12) Debris/Refuse. Debris and refuse shall not accumulate on any property in any zoning district.

(13) Treatment of Fill. Bricks, concrete, lumber, and other material used for fill where permitted by this Ordinance and/or by the IDEM, DNR, or other governmental agency, shall be promptly covered and seeded.

(14) View Requirements. Where a proposed structure will eliminate more than fifty percent of an adjacent structure’s view or exposure to the sun, an additional yard area setback may be required by the Administrator so that the fifty (50) percent view or exposure may be maintained.

(15) Health and Safety. No use shall be permitted that is injurious to health and safety of humans, animals, or vegetation, or which is noxious by reason of the emission of odor, visual pollution, or other undesirable nuisances, which effects extend beyond the lot line where the use exists.


hhhhhh. All sidewalks shall follow the standards set forth in Chapter 15, Streets, Sidewalks and other Public Places The following are required in addition to the Sidewalk Ordinance:

(1) Sidewalks may be placed within required setbacks.

(2) Sidewalks must meet and connect with sidewalks on adjoining properties. The Zoning Administrator can, and may require changes to sidewalk placement to meet this requirement.

(3) Sidewalks shall remain the property of the property owner, who shall be responsible for maintenance and upkeep of sidewalks at all times.

(4) Sidewalks shall be maintained at all times to meet accessibility requirements of the Americans with Disabilities Act.

(5) Sidewalks shall have a maximum slope of five percent (5%), and be a minimum of five (5) feet wide with a four (4) inch surface thickness and six (6) inch compacted aggregate base.

(6) Sidewalks shall be maintained at all times to be passable. This includes:

i. Removal of snow and other debris

ii. Repair or replacement due to major cracks or other damage

(7) Shared-use paths. A shared-use path may replace the sidewalk requirement where a City-approved shared-use path exists or is planned.

Home Occupation

It is the purpose and intent of this Section to provide for certain types of home occupations to be conducted within a dwelling unit or accessory structure on



the resident’s premises. Two (2) classes of home occupations are established based on the type and intensity of the home occupation. Accordingly, minimum standards have been established for each class of home occupation in order to ensure compatibility of home occupations with other uses permitted in the applicable district and to preserve the character of residential neighborhoods.

iiiiii. Home Occupations. Home occupations shall not be permitted except in compliance with this Section and other applicable law.

jjjjjj. Application for Home Occupations. An application for an Administrative Permit for a Type I Home Occupation or Special Exception for a Type II Home Occupation shall be signed by all owners and adult residents of the property in question and filed with the Zoning Administrator on forms provided by the Zoning Administrator. The Administrator shall review the application and classify the proposed Home Occupation as a Type I or Type II based upon:

(1) The established standards for Type I and Type II Home Occupations described in d. and f. herein, and

(2) General planning and zoning standards established by the Zoning Code.

kkkkkk. Type I Home Occupation. The following standards are applicable to all Type I Home Occupations:

(1) No person other than the residents of the dwelling unit on the subject premises named in the application shall be engaged in such home occupation.

(2) No more than twenty percent (20%)of the total gross floor area of the said dwelling unit shall be used for such home occupation. The home occupation may not utilize more than fifty (50) percent of any one (1) floor of the dwelling unit.

(3) No outdoor storage or display of products, equipment, or merchandise is permitted.

(4) No retail sales shall be conducted on the premises.

(5) No publication or advertising shall use the residential address of the home occupation.

(6) Exterior evidence of the conduct of a home occupation is not permitted.

(7) The home occupation shall be conducted exclusively within the dwelling unit or accessory structure.

(8) No equipment, process, or activity shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, or electrical or television interference that is detectable to the normal senses outside the dwelling unit or accessory structure.

(9) No traffic shall be anticipated by a home occupation in substantially greater volumes than would normally be expected for one (1)



dwelling unit in a residential neighborhood. No vehicle or delivery truck shall block or interfere with normal traffic circulation.

(10) No specific outside entrance or exit for the home occupation shall be permitted.

(11) No use, storage, or parking of tractor trailers, semi-trucks, or heavy equipment (e.g., construction equipment) shall be permitted on or about the premises.

llllll. The following uses are examples of home occupation that may be classified as a Type I:

(1) Telephone answering and solicitation

(2) Home crafts

(3) Computer programming, desktop publishing

(4) Typing or secretarial service

(5) Painting, sculpting, or writing

(6) Dressmaking, sewing, or tailoring

(7) Drafting, surveying service

(8) Consulting services

(9) Mail order business, not including retail sales from site

(10) Sales representative, office only

mmmmmm. Type II Home Occupation. The following standards are applicable to all Type II Home Occupations:

(1) No person other than the residents of the dwelling unit on the subject premises named in the application shall be engaged in such home occupation

(2) No more than twenty-five (25) percent of the total gross floor area of the said dwelling unit shall be used for such home occupation. The home occupation may not utilize more than fifty (50) percent of any one (1) floor of the dwelling unit.


(4) Retail sales are permitted only as an accessory use to the primary home occupation (e.g., beauty salon can sell shampoo and beauty products).

(5) Exterior evidence of the conduct of a home occupation is prohibited.





(8) No traffic shall be anticipated by a home occupation in substantially greater volumes than would normally be expected for one (1) dwelling unit in a residential neighborhood. No vehicle or delivery truck shall block or interfere with normal traffic circulation.

(9) A minimum of two (2) off-street parking spaces, in addition to those required for the dwelling unit, shall be provided for use by patrons of the home occupation. The Board of Zoning Appeals may require additional off-street parking based upon the use and location of the property.


nnnnnn. The following uses are examples of home occupation which may be classified as a Type II:

(1) Attorney office

(2) Insurance sales or broker

(3) Real estate sales or broker

(4) Jewelry repair

(5) Shoe repair

(6) Carpentry, cabinet makers

(7) Ceramics which involve the use of a kiln

(8) Medical or dental office

(9) Catering or food preparation

(10) Pet grooming service

(11) Barber or beauty shop

(12) Photo developing, photo studio

(13) Appliance repair

(14) Home day care

oooooo. General Provisions. All home occupations shall conform to the following standards:

(1) Approval of a home occupation is not transferable to a location other than that which was approved.

(2) In no case shall a home occupation be open to the public at times earlier than 7:00 a.m. nor later than 9:00 p.m.



(3) All home occupations shall be subject to periodic inspections. Reasonable notice shall be provided to the permittee prior to the time requested for an inspection.

(4) The Administrator, in the case of an Administrative Permit for a Type I Home Occupation, or the Board of Zoning Appeals in the case of a Special Exception Permit for a Type II Home Occupation, may impose reasonable conditions necessary to protect the public health, safety, and welfare, or to protect against a possible nuisance condition.

(5) Administrative Permits issued by the Administrator, or Special Exception Permits issued by the Board of Zoning Appeals may be revoked by the issuing authority for cause after reasonable notice to the permittee and an opportunity for hearing on the matter.

(6) Home occupations shall commence only after the receipt of an Administrative Permit if classified as a Type I, or Special Exception Permit if classified as a Type II.

pppppp. Permit Review Process. Applications for a home occupation shall be reviewed as follows:

(1) Application filed, with authorization from property owner.

(2) Review of application by Administrator to determine classification as a Type I or Type II.

(3) If classified as a Type I:

i. Administrator can approve or deny the application.

ii. If approved, an Administrative Permit for the home occupation shall be issued.

iii. Administrator may impose reasonable conditions as part of the approval.

iv. Applicant may appeal to the Board of Zoning Appeals if application is denied or if conditions are unacceptable. On appeal of a condition(s), appeal must be filed within fourteen (14) days of the date of the Administrator’s approval of the Administrative Permit.

(4) If classified as a Type II, the application shall be reviewed and treated as a Special Exception request.

(5) The standards set forth in this section shall be incorporated as minimum conditions of approval.

qqqqqq. Enforcement. In the event the Administrator determines that the operation of any home occupation is in violation of this Section or any permit condition, notice shall be provided to the permittee setting forth a description of the violation, corrective action required, and a date by which such corrective action must be accomplished. The permit may be revoked if the violation is not corrected in the manner and by the date specified in the notice in accordance with the revocation procedures



applicable to Special Exceptions. In addition, violations of this Section are subject to the penalties provided for in this Ordinance.



Medium Density Residential – R-MD-SZPurpose and Description

rrrrrr. The Medium Density Residential Special Zone (R-MD-SZ) District is established for residential development with a detached residential building containing two (2) dwelling units designed for occupancy by not more than two (2) families on each residential lot.

Permitted Uses

ssssss. No building in this district hereafter shall be constructed, altered, converted, or used in whole or in part except for:




(4) Public Park


(6) Fire Protection



(9) Duplex/ Two-Family

Special Exceptions

tttttt. The following uses may be approved after filing of a special exception petition provided they follow all provisions for this district outlined by this Ordinance.





(5) Home Occupation




(9) Model Homes




uuuuuu. Accessory uses such as the following are authorized in the R-MD-SZ District subject to the provisions of any and all recorded restrictive covenants running with the land.




(4) Curbs

(5) Driveways

(6) Lamp posts

(7) Name plates

(8) Parking space




(12) Walks

vvvvvv. Accessory structures may not be erected before the construction of principal structures.

wwwwww. Accessory structures shall be clearly subordinate in height, area, bulk extent, and purpose to the primary structure and shall not exceed the required heights, setbacks, or area standards.


xxxxxx. The Zoning Administrator shall determine whether accessory uses are permitted based on consistency of each use with the intent of the district in which it is located.

yyyyyy. The following accessory structures are permitted in the R-MD-SZ District and require an Improvement Location Permit certifying that all applicable property development standards and requirements of the ordinance have been met.

(1) Buildings such as garages, carports, fences, enclosed patios, bath houses, gazebos, cabanas, greenhouses, storage sheds, stables, and other structures over 100 square feet in area

(2) Home occupation structures in accordance with this ordinance



(3) Antennas and amateur radio towers exceeding the permitted height regulations by more than ten (10) feet.

zzzzzz. Accessory Garages. Attached and detached garages are permitted in the R-MD-SZ District subject to the following standards. Attached garages shall only be allowed on corner lots.





(5) Second Story. Garages shall not have a second story. Flooring on the rafters for the purpose of creating a storage area shall not be considered a second floor. Headroom in a rafter storage area shall not exceed six (6) feet.

(6) Size. Garages shall not exceed 500 s.f. in floor area.

aaaaaaa. Accessory Dwelling Units. Accessory Dwelling Units are not permitted in the R-MD-SZ District.



Development Standards Medium Density Residential (R-MD-SZ)

Improvement StandardsMinimum lot size 2,500 square feetMaximum building height 35 feetMaximum impervious surface area 80 percentMinimum primary structure width 18 feetMinimum road frontage 25 feetFront setback on Improved Blocks The average setback of other buildings on the

block on the same side of the street. The zoning administrator shall have the authority to determine the setback.


Not less than fifteen (15) feet or more than twenty (20) feet to front of foundation, but this regulation shall not be interpreted to require a front yard of more than twenty-five (25) percent of the depth of the lot.

Minimum rear setback (except through lot) 20 feetMinimum rear setback for through lot NoneMaximum rear setback 25 feetMinimum side setback 6 feet, except lots less than thirty (30) feet wide

may have a minimum 2 and ½ feet setback


bbbbbbb. A development plan review is required within this district as set forth in Section 8.0 Review and Approval of Development Plans of this Ordinance.

ccccccc. Subdivision of land is permitted within this district. All subdivisions must follow requirements set forth in Section 6.0 Subdivision Control of this ordinance.

ddddddd. Sidewalks are required in this district.

eeeeeee. A centralized water and sewer system is required for this zoning district. The applicant shall be required to connect to a public sewer system. An individual disposal system is prohibited in this zoning district.

fffffff. Construction will be permitted across no more than two (2) contiguous lots provided that all of the following conditions are satisfied:




Building Standards

ggggggg. The purpose of building standards for the City is to establish uniform minimum standards for the occupancy to protect the health, welfare and safety of the public.

(1) Minimum Standards. The following minimum standards shall apply to all primary structures within the City:



i. The structure is affixed to a permanent foundation and has proper utility connections;

ii. The structure, excluding any additions or attachments, has a width of at least eighteen (18) feet at any one point, and a minimum floor area, excluding garages, porches, or attachments, of eight hundred fifty (850) square feet;

iii. The structure has conventional residential siding and roofing and a six (6) inch minimum eave overhang, including appropriate guttering; and

iv. The structure conforms with all applicable codes.

hhhhhhh. The Building Standards above apply to new construction occurring after the date of the approval of this Zoning Ordinance. Legally established dwelling units existing prior to the adoption of this Zoning Ordinance shall be deemed to be legal, non-conforming uses.

Height Standards

iiiiiii. No structure may be erected or changed to make its height greater than specified in the R-MD-SZ Development Standards Table, except for the following:

(1) Steeples on religious places of worship.



(4) Water tower

jjjjjjj. Amateur Radio Towers. Amateur radio towers may exceed the permitted height regulations by up to ten (10) feet but cannot interfere with business interception.

kkkkkkk. Small Wind Energy Conversion Systems. Small wind energy conversion systems may exceed the permitted height regulations by up to ten (10) feet in order to be within the appropriate wind pattern.

lllllll. Necessary Building Accessories. The following structural elements may exceed the permitted height standards by up to ten (10) feet:


(2) Water tanks

(3) Chimneys

(4) Fire towers

(5) Stair towers





mmmmmmm. The following temporary uses shall be permitted in the R-MD-SZ district subject to approval by the Zoning Administrator based on their decision that the use will accommodate the temporary needs of properties and land uses and ensure that temporary uses do not become permanent without proper examination and do not detrimentally affect the health, welfare, safety, or morals of the neighborhood under consideration for such use.

(1) Construction Buildings. Temporary structures and buildings incidental to construction work are permitted but must be removed upon completion of the construction.

(2) Applicable Development Standards. Temporary structures must meet all development standards for a permanent accessory structure unless otherwise specified in this Section.

(3) Temporary Structure Time Limits. Any temporary structure used for a permitted primary use may be permitted for up to one (1) year, unless otherwise specified by this Ordinance.

(4) Permit Required. Permits may be issued for temporary structures or uses upon review by the Plan Commission. The following are general provisions that must be met before approval:

i. Temporary uses and/or structures that seek extensions of the initial time limits established in this section may renew such permit for a use and/or structure in 30-consecutive- day increments upon review by the Zoning Administrator.

ii. Temporary structures and uses shall be subject to all of the regulations of the applicable zoning district.

iii. The temporary structure or use shall not cause traffic problems. Adequate access and off-street parking facilities shall be provided.

iv. Public address systems shall not be used in areas of concentrated residential development.

v. Floodlights and other lighting shall be directed upon the premises and shall not be detrimental to adjoining properties.

vi. Upon termination, the lot shall be put in a clean condition devoid of trash and remnants of the temporary use.

(5) Garage Sale/Yard Sale. As used herein "garage or yard sale" is defined as a sale of household goods, furniture, equipment, utensils, appliances, tools, personal clothing or effects, novelty items, glassware, farm products, or similar personal property, including, but not limited to, any sale commonly termed "Porch Sale," "Yard Sale," "Lawn Sale," "Group Family Sale," "Rummage Sale," "White Elephant Sale," "Flea Market Sale," or "Attic Sale."



i. Any garage or yard sale may be conducted two (2) times in any one calendar year on any premises, but no such sale shall be conducted for more than three (3) consecutive days.

ii. All Items of personal property sold at such garage or yard sale shall be owned by the owner or occupier of the premises. Sale of goods or products purchased exclusively for resale and sale of consignment goods or products are prohibited.

iii. Such garage or yard sale shall only be conducted during the hours between 8:00 a.m. and 5:00 p.m.

iv. All personal property exhibited for sale during such garage or yard sale shall be removed from the outside and placed within a structure immediately following the last day of such sale. All signs erected for such garage or yard sale shall likewise be removed.

Lighting

Outdoor lighting, where provided, shall be of a design and size that is harmonious with the design of the building, the type of land use, and the type of adjacent land uses subject to the following standards. All areas containing outdoor lighting, including but not limited to floodlighting, security, street, or parking lot lighting, shall comply with the requirements of this section.

nnnnnnn. Shielded Lighting. All areas containing outdoor lighting shall limit light spoilage onto adjacent property, when measured at any point along a property line. Compliance shall be achieved by utilizing fixture shielding; directional control designed into fixtures; fixture location, height, or aim; or a combination of these or other factors.

ooooooo. Installation. All lighting installations shall be designed and installed to be fully shielded (full cutoff), with the exceptions below. In residential areas, light should be shielded such that the lamp itself or the lamp image is not directly visible outside the property perimeter.


i. Lighting for stairs and ramps, as required by the building code

ii. Signs regulated by the sign code, WMC Chapter 14.5 Sign Ordinance

iii. Holiday and temporary lighting (less than 45 days use in any one year).

iv. Low voltage landscape or pathway lighting


ppppppp. Electrical Service. The electrical service to all outdoor lighting fixtures shall be underground, unless affixed to a building or temporary and holiday lighting.

qqqqqqq. Lamps. The source of the actual light shall be halogen, metal halide, or other type that ensures true color at night.



rrrrrrr. Height Limitations. Light sources that exceed twenty-five (25) feet in height shall not be allowed, except:



sssssss. Exceptions. The following are exempt from the Ordinance:

(1) Temporary use of low-wattage or low-voltage lighting for public festivals, celebrations, and the observance of holidays


Parking and Loading

The purpose of this section is to reduce traffic problems and hazards by eliminating unnecessary on-street parking. Uses permitted within the district shall include off-street parking. Off-street parking spaces shall be used only for the parking of vehicles of occupants and visitors and shall not be used for any kind of loading, sales, servicing, or continuous storage of vehicles for more than two (2) weeks.

ttttttt. Nonconforming Parking, Enlargement or Alteration of Existing Structures.


(2) For any nonconforming use that is hereafter damaged or partially destroyed, and that is lawfully reconstructed, reestablished, or repaired, parking and loading facilities equivalent to those maintained at the time of such damage or partial destruction shall be restored and continued in operation, provided, however, it is not necessary to restore or maintain parking or loading facilities in excess of those required by this ordinance for equivalent new uses.


(4) When the existing use of a building, structure, or premises shall be changed or converted to a new use permitted by this ordinance, parking and loading facilities shall be provided as required for the new use.

(5) Parking and loading facilities in existence on the effective date of this section shall not be reduced below or, if already less than, shall not be further reduced below, the requirements for a new use under this section.



uuuuuuu. Design Flexibility.



i. The street fronting the front yard or an interior lot (or both frontages on a through lot); and

ii. Both streets that front the side and front yards on a corner lot (or all street frontages on corner lots that run the entire length of the block).

vvvvvvv. Parking Space Dimensions

(1) As used in this ordinance, the term “parking space” means an area, not including any part of a street or alley, designed or used for the temporary parking of a motor vehicle, with each parking space laid out in one of the following designs, having the following minimum dimensions:



iii. Sixty Degree (60°): Nine feet eight inches (9’8”) wide by eighteen feet five inches(18’5”) long


v. The length for the right angle, sixty (60) degree, and forty-five (45) degree parking space shall be measured at right angles to the edge of usable parking area forming the angles, exclusive of passageway.

vi. All uses that are required to provide accessible parking areas shall be required to: provide the minimum number of accessible parking spaces required for said use; show the proposed dimensions and location of all such accessible parking spaces on all site plans, plats, and other plans that will be reviewed by the Plan Commission or Board of Zoning Appeals; and comply with all appropriate parking, traffic, safety, and accessibility codes.

(2) Parking aisle widths shall conform to the following table



Figure H: R-MD-SZ Parking Isle Widths

Parking Aisle WidthsAngle of Parking Minimum Aisle WidthRight Angle - 90 Degree 24 feet, two way60 Degree 18 feet, one way45 Degree 14 feet, one wayAccessible Refer to ADA Guidelines



(5) Driveways shall be a minimum ten (10) feet for one-way traffic and eighteen (18) feet for two-way traffic, except that a ten (10) foot driveway is permissible for two-way traffic when the driveway is not longer than fifty (50) feet and provides access to a maximum of five (5) parking spaces.

wwwwwww. Required Parking Spaces

(1) The minimum size for a residential off-street parking shall be eight (8) feet by eighteen (18) feet.

(2) Off-street parking shall be provided as shown in Table 2: Parking Requirements.





xxxxxxx. Loading and Unloading. Uses, except those that do not receive or transport goods in quantity by truck delivery, or those uses along 119th Street, shall be provided loading berths. Each loading and unloading berth must include a twelve (12) foot by forty-five (45) foot loading space with a fourteen (14) foot height clearance. No portion of the vehicle shall project into a street or alley and no loading berth shall be



located within twenty-five (25) feet of the nearest point of intersection of any two (2) streets, nor shall be located in a required front yard or side yard adjoining a street.

(1) Loading and Unloading for Uses Along 119th Street. Deliveries to uses along 119th Street shall be restricted to alley ways between the hours of 6:00 a.m. and 8:00 p.m. Deliveries made between 8:00 p.m. and 6:00 a.m. may be made along 119th Street.

Figure I: R-MD-SZ Loading Berth Requirements

Minimum Number Required

Gross Floor Area


6 240,000 to 320,000 sft plus one (1) additional space for each additional eighty thousand sq ft of Gross Floor Area, above three hundred twenty thousand (320,000) sq ft

yyyyyyy. General Design

(1) All parking or loading spaces shall be designed, arranged, and regulated as to open directly upon an aisle or driveway without obstruction.



(4) Required parking spaces may be open to the sky or enclosed in a structure. Parking structures shall be treated as any major structure and shall be subject to all applicable structural requirements of this Ordinance.


zzzzzzz. Entrances/Driveways




Figure J: R-MD-SZ Road Widths

ROAD CLASS/DISTRICT

REC /REC

LAKE R-

SF R-

MD R-

HD C-

DB C-

BB ISNT

I-LIM

I-HIM

PRIMARYARTERIAL 60 FT 60

FT 60 FT

60 FT

70 FT

60 FT

60 FT

70 FT

80 FT


FT 50 FT

50 FT

60 FT

50 FT

50 FT

60 FT

70 FT


FT 40 FT

40 FT

50 FT

40 FT

40 FT

50 FT

60 FT


30 FT

30 FT

40 FT

30 FT

30 FT

40 FT

50 FT

Landscaping

This section provides minimum standards for all landscaping required by this Ordinance.

aaaaaaaa. Basic Standards. This section shall apply to new property development and any expansion of existing legally conforming sites or structures that exceed thirty-five percent (35%) of the existing site or structure, except for single-family dwelling structures.


(2) All portions of the site where existing vegetative cover is damaged or removed, that are not otherwise covered with new improvements, shall be successfully re-vegetated with a mix of native, adaptive, and drought tolerant grasses and ground covers. The density of the reestablished vegetation must be adequate to prevent soil erosion and invasion of weeds after one growing season.





(7) Non-living ground cover may include decorative gravel, bark mulch, river rock, or similar materials. Decorative elements, such



as walks, decks, terraces, water features and similar features may be included. Planting beds may not contain more than fifty percent (50%) non-living ground cover.

(8) All plants used for landscaping shall be compatible with the local climate and the soils, drainage, and water conditions of the site. When planting occurs on hillsides, slopes, drainage ways, or similar natural areas, plant material should duplicate adjacent plant communities both in species composition and special distribution patterns. Whenever possible, drought-resistant varieties of plant materials shall be utilized.

(9) Healthy trees, native vegetation, and natural or significant rock outcroppings and other valuable features shall be preserved and integrated within planting areas. Existing healthy trees and shrubs that are preserved shall count toward the landscaping standards of this section.






(11) Clear vision areas shall be designated in compliance with applicable requirements of the Indiana Department of Transportation and as otherwise deemed necessary for public health and safety. Plant materials shall be limited to thirty (30) inches in height within the clear vision area to avoid visibility obstructions or blind corners at intersections.



bbbbbbbb. No land shall be used or structure erected where the land is unsuitable for such use or structure due to slopes greater than ten (10) percent, adverse soil or rock formation, erosion susceptibility, low percolation



rate or bearing strength, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of the community. In addition, the following standards must be met:

(1) Surface Water. It shall be the responsibility of the owner of any lot or parcel of land developed for any use to provide for adequate surface water drainage. When possible, existing natural surface drainage may be utilized. Whenever the evidence available indicates that the natural surface drainage is inadequate, the owner shall provide the parcel with an adequate surface water system which shall be integrated into the drainage pattern of surrounding properties. When the surface drainage is adequate, an easement for such surface drainage shall be provided. On-site detention shall be required where necessary to prevent harm to adjoining properties.

(2) Drainage. Drainage swales (ditches) along dedicated roadways and within the right-of-way or on dedicated drainage easements are not to be altered, except for maintenance as originally constructed and as approved by the County Highway Department, the Lake County Drainage Board, City Street Department, or Indiana Department of Transportation. Driveways may be constructed over these or other approved structures as permitted by the appropriate agency.

(3) Permanent Structures. No permanent structures other than a fence may be erected, and if erected in violation of this section, no such structure may be used if the location is within seventy-five (75) feet of the centerline of any legal tile ditch or within seventy-five (75) feet of the existing top edge of any legal open ditch or tile unless approved by the Lake County Drainage Board and the Whiting Plan Commission.

(4) Preservation of Natural/Historic Features. Existing natural and historic features that would add value to development of natural or manmade assets of the city such as trees, streams, vistas, lakes, historical landmarks, and similar irreplaceable assets, shall be preserved through harmonious and careful design. Land to be developed shall be designed and improved as far as practical in conformity to existing topography in order to minimize stormwater runoff and conserve the natural cover and soil.

(5) Cut/Fill Grade. No cut or fill grade shall exceed a slope of 3:1 or thirty-three and one-third (33 1/3) percent. This provision shall apply to all cuts and fills exceeding one hundred (100) square feet in exposed surface area, including cuts or fills on land naturally exceeding three to one in slope.

(6) Erosion Prevention. All land, regardless of slope, from which structures or natural cover has been removed or otherwise destroyed, shall be appropriately graded and seeded within a reasonable time of such activity to prevent erosion.



(7) Alterations to Shoreline. No alteration of the shoreline or bed of a river or public lake shall be made until written approval is obtained from the Indiana Department of Natural Resources and the provisions of this Ordinance are complied with. Alterations include, among other things, filling of a river or wetlands, dredging of a riverbed, and ditch excavation within one-half ( 1/2) mile of a water body.

(8) Hazardous Waste. All development must be in compliance with IC Title 7, as amended, as it relates to hazardous waste, low- level nuclear waste, underground storage tanks, waste tires, and other applicable ordinances of said Title.

(9) Environmental Quality. All development must be in compliance with IC Title 13, as amended, as it relates to air pollution control, water pollution control, solid waste management, and other applicable ordinances of said Title.

(10) Waste Disposal. No waste materials such as garbage, rubbish, gasoline, oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity, or temperature so as to contaminate, pollute, or harm the waters shall be deposited, located, stored, or discharged on any lot in a way that would be likely to run off, seep, or wash into surface or ground waters.

(11) Fuel Storage. No highly flammable or explosive liquids, solids, or gases specified by the State Fire Marshal shall be stored in bulk above ground, except tanks or drums of fuel connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel except for permitted uses in an I-HIM-SZ District.

(12) Debris/Refuse. Debris and refuse shall not accumulate on any property in any zoning district.

(13) Treatment of Fill. Bricks, concrete, lumber, and other material used for fill where permitted by this ordinance and/or by the IDEM, DNR, or other governmental agency, shall be promptly covered and seeded.

(14) View Requirements. Where a proposed structure will eliminate more than fifty percent (50%) of an adjacent structure's view or exposure to the sun, an additional yard area setback may be required by the Administrator so that the fifty percent (50%)view or exposure may be maintained.

(15) Health and Safety. No use shall be permitted that is injurious to the health and safety of humans, animals, or vegetation or which is noxious by reason of the emission of odor, visual pollution, or other undesirable nuisances, which effects extend beyond the lot line where the use exists.




All sidewalks shall follow the standards set forth in Chapter 15, Article III Sidewalks Ordinance. The following may be required in addition to the Sidewalk Ordinance.

cccccccc. Sidewalks may be placed within required setbacks.

dddddddd. Sidewalks must meet and connect with sidewalks on adjoining properties. The Zoning Administrator can and may require changes to sidewalk placement to meet this requirement.

eeeeeeee. Sidewalks shall remain the property of the property owner, who shall be responsible for maintenance and upkeep of sidewalks at all times.

ffffffff. Sidewalks shall be maintained at all times to meet accessibility requirements of the Americans with Disabilities Act.

gggggggg. Sidewalks shall have a maximum slope of five percent (5%) and be a minimum of five (5) feet wide with a four (4) inch surface thickness and six (6) inch compacted aggregate base.

hhhhhhhh. Sidewalks shall be maintained at all times to be passable. This includes:



iiiiiiii. Shared-use paths. A shared-use path may replace the sidewalk requirement where a City-approved shared-use path exists or is planned.

Home Occupation

It is the purpose and intent of this section to provide for certain types of home occupation to be conducted within a dwelling unit or accessory structure on the resident's premises. Two (2) classes of home occupations are established based on the type and intensity of the home occupation. Accordingly, minimum standards have been established for each class of home occupation in order to assure compatibility of home occupations with other uses permitted in the applicable district and to preserve the character of residential neighborhoods.

jjjjjjjj. Home Occupations. Home occupations shall not be permitted except in compliance with this section and other applicable law.

kkkkkkkk. Application for Home Occupations. An application for an Administrative Permit for a Type I Home Occupation or Special Exception for a Type II Home Occupation shall be signed by all owners and adult residents of the property in question and filed with the Zoning Administrator on forms provided by the Zoning Administrator. The Zoning Administrator shall review the application and classify the proposed Home Occupation as a Type I or Type II based upon:

(1) The established standards for Type I and Type II Home Occupations described in d. and f. herein, and




llllllll. Type I Home Occupation. The following standards are applicable to all Type I Home Occupations:


(2) No more than twenty percent (20%) of the total gross floor area of the said dwelling unit shall be used for such home occupation. The home occupation may not utilize more than fifty percent (50%) of any one (1) floor of the dwelling unit.







(9) No traffic shall be anticipated by a home occupation in substantially greater volumes than would normally be expected for one (1) dwelling unit in a residential neighborhood. No vehicle or delivery truck shall block or interfere with normal traffic circulation.



mmmmmmmm. The following uses are examples of home occupation which may be classified as a Type I:


(2) Home crafts



(5) Painting, sculpting, or writing




(7) Drafting, or surveying service




nnnnnnnn. Type II Home Occupation. The following standards are applicable to all Type II Home Occupations:


(2) No more than twenty-five percent (25%) of the total gross floor area of the said dwelling unit shall be used for such home occupation. The home occupation may not utilize more than fifty percent (50%) of any one (1) floor of the dwelling unit.





(7) No equipment, process, or activity shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, or electrical or television interference which is detectable to the normal senses outside the dwelling unit or accessory structure.

(8) No traffic shall be anticipated by a home occupation in substantially greater volumes than would normally be expected by one (1) dwelling unit in a residential neighborhood. No vehicle or delivery truck shall block or interfere that normal traffic circulation.



oooooooo. The following uses are examples of home occupation which may be classified as a Type II:



(1) Attorney office



(4) Jewelry repair

(5) Shoe repair

(6) Carpentry, or cabinet makers

(7) Ceramics that involve the use of a kiln





(12) Photo developing, or photo studio


(14) Home day care

pppppppp. General Provisions. All home occupations shall conform to the following standards:


(2) In no case shall a home occupation be open to the public at times earlier than 7:00 a.m. nor later than 9:00 p.m.


(4) The Zoning Administrator, in the case of an Administrative Permit for a Type I Home Occupation, or the Board of Zoning Appeals in the case of a Special Exception Permit for a Type II Home Occupation, may impose reasonable conditions necessary to protect the public health, safety, and welfare, or to protect against a possible nuisance condition.

(5) Administrative Permits issued by the Zoning Administrator or Special Exception Permits issued by the Board of Zoning Appeals may be revoked by the issuing authority for cause after reasonable notice to the permittee and an opportunity for hearing on the matter.

(6) Home occupations shall commence only after the receipt of an Administrative Permit if classified as a Type I or Special Exception Permit if classified as a Type II.



qqqqqqqq. Permit Review Process. Applications for a home occupation shall be reviewed as follows:


(2) Review of application by Zoning Administrator to determine classification as a Type I or Type II.


(4) Zoning Administrator can approve or deny the application.

(5) If approved, an Administrative Permit for the home occupation shall be issued.

(6) Zoning Administrator may impose reasonable conditions as part of the approval.

(7) Applicant may appeal to the Board of Zoning Appeals if application is denied or if conditions are unacceptable. On appeal of a condition(s), appeal must be filed within fourteen (14) days of the date of the Zoning Administrator's approval of the Administrative Permit.



Enforcement. In the event the Zoning Administrator determines that the operation of any home occupation is in violation of this section or any permit condition, notice shall be provided to the permittee setting forth a description of the violation, corrective action required, and a date by which such corrective action must be accomplished. The permit may be revoked if the violation is not corrected in the manner and by the date specified in the notice in accordance with the revocation procedures applicable to Special Exceptions. In addition, violations of this section are subject to the penalties provided for in this Ordinance.



High-Density Residential - R-HD-SZPurpose and Description

The High-Density Residential Special Zone (R-HD-SZ) District is established for high-density, single-family, 2-family, and multi-family residential development. This district allows a residential building designed for two (2) or more families, with the number of families not exceeding the number of dwelling units, on each residential lot.

Permitted Uses

rrrrrrrr. No building in this District hereafter shall be constructed, altered, converted, or used in whole or in part except for:



(3) Continuing Care Retirement Communities


(5) Public Park


(7) Fire Protection




(11) Multi-Family Housing

Special Exceptions

ssssssss. The following uses may be approved after the filing of a special exception petition, provided they follow all provisions for this district outlined by this Ordinance.





(5) Home Occupation



(8) Model Homes



Accessory Uses and Structures.

tttttttt. Accessory uses such as the following are authorized in the R-MD-SZ District subject to the provisions of any and all recorded restrictive covenants running with the land:




(4) Curbs

(5) Driveways

(6) Lamp posts

(7) Name plates

(8) Parking space





(13) Walks

uuuuuuuu. Accessory structures may not be erected before the construction of principal structures.

vvvvvvvv. Accessory structures shall be clearly subordinate in height, area, bulk extent, and purpose to the primary structure and shall not exceed the required heights, setbacks, or area standards.


wwwwwwww. The Zoning Administrator shall determine whether or not accessory uses are permitted based on consistency of each use with the intent of the district in which it is located.

xxxxxxxx. The following accessory structures are permitted in the R-HD-SZ District and require an Improvement Location Permit certifying that all applicable property development standards and requirements of the ordinance have been met.

(1) Buildings such as garages, carports, fences, enclosed patios, bath houses, gazebos, cabanas, greenhouses, storage sheds, stables, and other structures over 100 square feet in area

(2) Home occupation structures in accordance with this ordinance



(3) Antennas and amateur radio towers over ten (10) feet of the permitted height regulations

yyyyyyyy. Accessory Garages. Attached and detached garages are permitted in the R-MD-SZ District subject to the following standards. Attached garages shall only be allowed on corner lots.





(5) Second Story. Garages shall not have a second story. Flooring on the rafters for the purpose of creating a storage area shall not be considered a second story. Headroom in a rafter storage area shall not exceed six (6) feet.

(6) Size. Garages shall not exceed 500 sft in floor area.

zzzzzzzz. Accessory Dwelling Units. Accessory Dwelling Units are not permitted in the R-HD-SZ District.



Development Standards High Density Residential - R-HD-SZ

Improvement StandardsMinimum lot size 2,500 Square FeetMaximum building height 35 feetMaximum impervious surface area 70 percentMinimum primary structure width 18 feetMinimum road frontage 30 feetFront setback on Improved Blocks The average setback of other buildings on the

block on the same side of the street. The zoning administrator shall have the authority to determine the setback.


Not less than five (5) feet or more than ten (10) feet to front of foundation, but this regulation shall not be interpreted to require a front yard of more than twenty-five (25) percent of the depth of the lot.

Minimum rear setback (except Through Lot) 20 feetMinimum rear setback for Through Lot NoneMaximum rear setback 25 feetMinimum side setback 6 feet, except lots less than thirty (30) feet

wide may have a minimum 2 and ½ feet setback


aaaaaaaaa. A development plan review is required within this district as set forth in Section 8.0 Review and Approval of Development Plans of this ordinance.

bbbbbbbbb. Subdivision of land is permitted within this district. All subdivisions must follow requirements set forth in Section 6.0 Subdivision Control of this ordinance.

ccccccccc. Sidewalks are required in this district.

ddddddddd. A centralized water and sewer system is required for this Zoning District. The applicant shall be required to connect to a public sewer system. An individual disposal system is prohibited in this zoning district.

eeeeeeeee. Construction will be permitted across no more than two (2) contiguous lots provided that all of the following conditions are satisfied:




Building Standards




fffffffff. Minimum Standards. The following minimum standards shall apply to all primary structures within the City:


(2) The structure, excluding any additions or attachments, has a width of at least eighteen (18) feet at any one point, and a minimum floor area, excluding garages, porches, or attachments, of eight hundred fifty (850) square feet;

(3) The structure has conventional residential siding and roofing, and a six (6)-inch minimum eave overhang, including appropriate guttering; and


ggggggggg. The Building Standards above apply to new construction occurring after the date of the approval of this Zoning Ordinance. Legally established dwelling units existing prior to the adoption of this Zoning Ordinance shall be deemed to be legal, non-conforming uses.

Height Standards

hhhhhhhhh. No structure may be erected or changed to make its height greater than specified in the R-HD-SZ Development Standards Table, except for the following:




(4) Water tower

iiiiiiiii. Amateur Radio Towers. Amateur radio towers may exceed the permitted height regulations by up to ten (10) feet but cannot interfere with business interception

jjjjjjjjj. Small Wind Energy Conversion Systems. Small wind energy conversion systems may exceed the permitted height regulations by up to ten (10) feet in order to be within the appropriate wind pattern.

kkkkkkkkk. Necessary Building Accessories. The following structural elements may exceed the permitted height standards by up to ten (10) feet:


(2) Water tanks

(3) Chimneys

(4) Fire towers






The following temporary uses shall be permitted in the R-HD-SZ district subject to approval by the Zoning Administrator based on their decision that the use will accommodate the temporary needs of properties and land uses, ensure that temporary uses do not become permanent without proper examination, and do not detrimentally affect the health, welfare, safety, or morals of the neighborhood under consideration for such use.

lllllllll. Construction buildings. Temporary structures and buildings incidental to construction work are permitted, but must be removed upon completion of the construction.

mmmmmmmmm. Applicable Development Standards. Temporary structures must meet all development standards for a permanent accessory structure unless otherwise specified in this section.

nnnnnnnnn. Temporary Structure Time Limits. Any temporary structure used for a permitted primary use may be permitted for up to one (1) year, unless otherwise specified by this Ordinance.

ooooooooo. Permit Required. Permits may be issued for temporary structures or uses upon review by the Plan Commission. The following are general provisions that must be met before approval:

(1) Temporary uses and/or structures that seek extensions of the initial time limits established in this section may renew such permit for a use and/or structure in 30-consecutive day increments upon review by the Zoning Administrator.



(4) Public address systems shall not be used in areas of concentrated residential development.



ppppppppp. Garage Sale/Yard Sale. As used herein "garage or yard sale" is defined as a sale of household goods, furniture, equipment, utensils, appliances, tools, personal clothing or effects, novelty items, glassware, farm products, or similar personal property, including, but not limited to, any sale commonly termed "Porch Sale," "Yard Sale," "Lawn Sale," "Group Family Sale," "Rummage Sale," "White Elephant Sale," "Flea Market Sale," or "Attic Sale."

(1) Any garage or yard sale may be conducted two (2) times in any one calendar year on any premises, but no such sale shall be conducted for more than three (3) consecutive days.



(2) All Items of personal property sold at such garage or yard sale shall be owned by the owner or occupier of the premises. Sale of goods or products purchased exclusively for resale and sale of consignment goods or products are prohibited.



Lighting

Outdoor lighting, where provided, shall be of a design and size that is harmonious with the design of the building, the type of land use, and the type of adjacent land uses subject to the following standards. All areas containing outdoor lighting, including but not limited to floodlighting, security, street or parking lot lighting shall comply with the requirements of this section.

qqqqqqqqq. Shielded Lighting. All areas containing outdoor lighting shall limit light spoilage onto adjacent property, when measured at any point along a property line. Compliance shall be achieved by utilizing fixture shielding, directional control designed into fixtures, fixture location, height, or aim, or a combination of these or other factors.

rrrrrrrrr. Installation. All lighting installations shall be designed and installed to be fully shielded (full cutoff), with the exceptions below. In residential areas, light should be shielded such that the lamp itself or the lamp image is not directly visible outside the property perimeter.


i. Swimming pools, splash pads, or water fountains




v. Holiday and temporary lighting (less than 45 days use in any one year).


vii. Low-voltage landscape or pathway lighting


sssssssss. Electrical Service. The electrical service to all outdoor lighting fixtures shall be underground, unless affixed to a building.



ttttttttt. Lamps. The source of the actual light shall be halogen, metal halide, or other type that ensures true-color at night.

uuuuuuuuu. Height Limitations. Light sources that exceed twenty-five (25) feet in height shall not be allowed, except:



vvvvvvvvv. Exceptions. The following are exempt from the ordinance:



Parking and Loading

The purpose of this section is to reduce traffic problems and hazards by eliminating unnecessary on-street parking. Off street parking spaces shall be used only for the parking of vehicles of occupants, patrons, visitors or employees and shall not be used for any kind of loading, sales, servicing, or continuous storage of vehicles for more than 48 hours.

wwwwwwwww. Nonconforming Parking, Enlargement, or Alteration of Existing Structures.




(4) When the existing use of a building, structure or premises shall be changed or converted to a new use permitted by this ordinance, parking and loading facilities shall be provided as required for the new use.

(5) Parking and loading facilities in existence on the effective date of this section shall not be reduced below or if already less than, shall



not be further reduced below, the requirements for a new use under this section.

xxxxxxxxx. Design Flexibility.



(3) The street fronting the front yard or an interior lot (or both frontages on a through-lot); and

(4) Both streets that front the side and front yards on a corner lot (or all street frontages on corner lots that run the entire length of the block)

yyyyyyyyy. Parking Space Dimensions.




iii. Sixty Degree (60°): Nine feet – eight inches (9’8”) wide by eighteen feet – five inches (18’5”) long


(2) The length for the right-angle, sixty (60)-degree, and forty-five (45)-degree parking space shall be measured at right angles to the edge of usable parking area forming the angles, exclusive of passageway.

(3) All uses that are required to provide accessible parking areas shall be required to provide the minimum number of accessible parking spaces required for said use; show the proposed dimensions and location of all such accessible parking spaces on all site plans, plats, and other plans which will be reviewed by the Plan Commission or Board of Zoning Appeals; and comply with all appropriate parking, traffic, safety, andaccessibility codes.




Figure K: R-HD-SZ Parking Isle Widths





zzzzzzzzz. Required Parking Spaces.

(1) The minimum size for a residential off-street parking shall be eight (8) feet by eighteen (18) feet.


(3) On-street parking spaces along 119th Street located within 1/8 of a mile of any 119th Street use along public street(s) may be counted toward the minimum number of parking spaces required by this ordinance. In the event that any on-street parking that was allowed to count toward the minimum requirement is removed by the City, the existing use will not be required to make up the difference.

(4) The parking requirements (for new spaces) of the District may be met onsite or offsite at a distance of up to one hundred and fifty (150) feet from the permitted use.





aaaaaaaaaa. Loading and Unloading. Uses, except those that do not receive or transport goods in quantity by truck delivery, or those uses along 119th



Street, shall be provided loading berths. Each loading and unloading berth must include a 12-foot by 45-foot loading space with a 14 foot height clearance. No portion of the vehicle shall project into a street or alley and no loading berth shall be located within twenty-five (25) feet of the nearest point of intersection of any two (2) streets, nor shall be located in a required front yard or side yard adjoining a street.

(1) Loading and Unloading for Uses Along 119th Street. Deliveries to uses along 119th Street shall be restricted to alley ways between the hours of 6 a.m. and 8 p.m. Deliveries made between 8 p.m. and 6 a.m. may be made along 119th Street.

Figure L: R-HD-SZ Loading Berth Requirements

Minimum Number Required Gross Floor Area


6 240,000 to 320,000 sft plus one (1) additional space for each additional eighty thousand sft of Gross Floor Area, above three hundred twenty thousand (320,000) sft

bbbbbbbbbb. General Design.

(1) All parking or loading areas shall be designed with appropriate means of movement and shall be so arranged that movement can proceed safely without posing a danger to pedestrians or other vehicles. No parking area shall be so designed as to require backing into a public street, public or private pedestrian access way, or from a public alley.








(7) All parking lots must be paved with a hard surface, such as asphalt, concrete, or pervious pavers.


i. One walkway can serve as a collector for up to four rows of parking spaces.

ii. The walkway should be a minimum of four (4) feet wide, allowing an additional thirty (30) inches on each side for overhanging of vehicles.


(9) Any use that fronts upon and utilizes access to a primary or secondary arterial shall provide and utilize a common frontage or access lane for the purpose of access, parking and loading.




cccccccccc. Entrances/Driveways




Figure M: R-HD-SZ Road Widths

ROAD CLASS/DISTRICT

REC / REC LAKE

R-SF R-MD R-HD C-DB C-BB INST I-LIM I-HIM


FT 60 FT 60 FT

60 FT

60 FT

60 FT

70 FT

80 FT


FT 50 FT 50 FT 50FT 50

FT50 FT

60 FT

70 FT


FT 40 FT 40 FT

40 FT

40 FT

40 FT

50 FT

60 FT

LOCAL STREET 30 FT 30 FT 30 FT 30

FT30 FT

30 FT

30 FT

40 FT

50 FT

(2) Driveway width shall be a minimum of twenty-four (24) feet for uses in R-HD-SZ Districts

dddddddddd. Landscaping within Off-Street Parking Areas.


(2) Interior Parking Areas. Planting shall be established to break up the interior of all parking areas. Landscape planting islands shall be a minimum of eight feet (8) in width to ensure adequate room for planting. Interior landscaping shall be comprised of one canopy tree and three shrubs for every 15 parking spaces.


(4) Inspections: At the time the structure receives its final inspection, the completion of the landscaping in accordance with these requirements shall also be a part of the final inspection. However, if seasonal circumstances do not permit the planting of the required landscaping, the developer may post a bond in the amount of one hundred ten percent (110%) of the installed landscape cost, and may delay installation up to six (6) months. The final inspection of the landscaping shall be performed at a reasonable, later date as determined by the Zoning Administrator.



Landscaping


eeeeeeeeee. Basic Standards. This section shall apply to new property development and any expansion of existing legally conforming sites or structures that exceeds thirty-five percent (35%) of the existing site or structure, except for single-family dwelling structures.


(2) All portions of the site where existing vegetative cover is damaged or removed, that are not otherwise covered with new improvements, shall be successfully re-vegetated with a mix of native, adaptive and drought-tolerant grasses and ground covers. The density of the reestablished vegetation must be adequate to prevent soil erosion and invasion of weeds after one growing season.





(7) Non-living ground cover may include decorative gravel, bark mulch, river rock, or similar materials. Decorative elements, such as walks, decks, terraces, water features and similar features may be included. Planting beds may not contain more than fifty percent (50%) non-living ground cover.


(9) Healthy trees, native vegetation, and natural or significant rock outcroppings and other valuable features shall be preserved and integrated within planting areas. Existing healthy trees and shrubs





(11) Deciduous Trees. Deciduous trees shall be a minimum of two inches (2”) in caliper measured four (4) inches above the ground.

(12) Coniferous Trees. Coniferous trees shall be a minimum of six (6) feet in height, measured from the top of the root ball to the top of the tree.

(13) Ornamental Trees. Ornamental trees shall be a minimum of one and one-half (1.5) inches in caliper, measured four (4) inches above the ground.

(14) Shrubs and Vines. Shrubs shall be a minimum of one (1) foot in height at time of planting. Vines shall be in a minimum one (1) gallon container.





ffffffffff. Surface Water. It shall be the responsibility of the owner of any lot or parcel of land developed for any use to provide for adequate surface water drainage. When possible, existing natural surface drainage may be utilized. Whenever the evidence available indicates that the natural surface drainage is inadequate, the owner shall provide the parcel with an adequate surface water system that shall be integrated into the drainage pattern of surrounding properties. When the surface drainage is adequate, an easement for such surface drainage shall be provided. On-site detention shall be required where necessary to prevent harm to adjoining properties.



gggggggggg. Drainage. Drainage swales (ditches) along dedicated roadways and within the right-of-way or on dedicated drainage easements are not to be altered, except for maintenance as originally constructed and as approved by the County Highway Department, the Lake County Drainage Board, City Street Department, or Indiana Department of Transportation. Driveways may be constructed over these or other approved structures as permitted by the appropriate agency.

hhhhhhhhhh. Permanent Structures. No permanent structures other than a fence may be erected, and if erected in violation of this section, no such structure may be used if the location is within seventy-five (75) feet of the centerline of any legal tile ditch, or within seventy-five (75) feet of the existing top edge of any legal open ditch or tile unless approved by the Lake County Drainage Board and the Whiting Plan Commission.

iiiiiiiiii. Preservation of Natural/Historic Features. Existing natural and historic features that would add value to development of natural or manmade assets of the city, such as trees, streams, vistas, lakes, historical landmarks, and similar irreplaceable assets, shall be preserved through harmonious and careful design. Land to be developed shall be designed and improved as far as practical in conformity to existing topography in order to minimize stormwater runoff, and conserve the natural cover and soil.

jjjjjjjjjj. Cut/Fill Grade. No cut or fill grade shall exceed a slope of 3:1 or thirty-three and one-third (33 1/3) percent. This provision shall apply to all cuts and fills exceeding one hundred (100) square feet in exposed surface area, including cuts or fills on land naturally exceeding 3:1 in slope.

kkkkkkkkkk. Erosion Prevention. All land, regardless of slope, from which structures or natural cover has been removed or otherwise destroyed, shall be appropriately graded and seeded within a reasonable time of such activity to prevent erosion.

llllllllll. Alterations to Shoreline. No alteration of the shoreline or bed of a river or public lake shall be made until written approval is obtained from the Indiana Department of Natural Resources, and the provisions of this ordinance are complied with. Alterations include, among other things, filling of a river or wetlands, dredging of a riverbed, and ditch excavation within one-half ( 1/2) mile of a water body.

mmmmmmmmmm. Hazardous Waste. All development must be in compliance with IC Title 7, as amended, as it relates to hazardous waste, low level nuclear waste, underground storage tanks, waste tires, and other applicable ordinances of said Title.

nnnnnnnnnn. Environmental Quality. All development must be in compliance with IC Title 13, as amended, as it relates to air pollution control, water pollution control, solid waste management, and other applicable ordinances of said Title.

oooooooooo. Waste Disposal. No waste materials, such as garbage, rubbish, gasoline, oil, flammables, soils, tars, chemicals, greases, industrial or



agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity, or temperature so as to contaminate, pollute, or harm the waters shall be deposited, located, stored, or discharged on any lot in a way that would be likely to run off, seep, or wash into surface or groundwaters.

pppppppppp. Fuel Storage. No highly flammable or explosive liquids, solids, or gases specified by the State Fire Marshal shall be stored in bulk above ground, except tanks or drums of fuel connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel except for permitted uses in an I-HIM-SZ District.

qqqqqqqqqq. Debris/Refuse. Debris and refuse shall not accumulate on any property, in any zoning district.

rrrrrrrrrr. Treatment of Fill. Bricks, concrete, lumber, and other material used for fill where permitted by this ordinance and/or by the IDEM, DNR, or other governmental agency, shall be promptly covered and seeded.

ssssssssss. View Requirements. Where a proposed structure will eliminate more than fifty percent of an adjacent structure's view or exposure to the sun, an additional yard area setback may be required by the Zoning Administrator so that the fifty percent (50%) view or exposure may be maintained.

tttttttttt. Health and Safety. No use shall be permitted that is injurious in health and safety of humans, animals, or vegetation, or that is noxious by reason of the emission of odor, visual pollution, or other undesirable nuisances that effects extend beyond the lot line where the use exists.


All sidewalks shall follow the standards set forth in WMC Chapter 15: Article III Sidewalks ordinance. The following may be required in addition to the Sidewalk Ordinance.

uuuuuuuuuu. Sidewalks may be placed within required setbacks.

vvvvvvvvvv. Sidewalks must meet and connect with sidewalks on adjoining properties. The Zoning Administrator can, and may require changes to sidewalk placement to meet this requirement.

wwwwwwwwww. Sidewalks shall remain the property of the property owner, who shall be responsible for maintenance and upkeep of sidewalks at all times.

xxxxxxxxxx. Sidewalks shall be maintained at all times to meet accessibility requirements of the Americans with Disabilities Act.

yyyyyyyyyy. Sidewalks shall have a maximum slope of five percent (5%), be a minimum of five (5) feet wide with a four (4)-inch surface thickness and six (6)-inch compacted aggregate base.

zzzzzzzzzz. Sidewalks shall be maintained at all times to be passable. This includes:





aaaaaaaaaaa. Shared-use paths. A shared-use path may replace the sidewalk requirement where a City approved shared-use path exists or is planned.

Home Occupation

It is the purpose and intent of this Section to provide for certain types of home occupations to be conducted within a dwelling unit or accessory structure on the resident's premises. Two (2) classes of home occupations are established based on the type and intensity of the home occupation. Accordingly, minimum standards have been established for each class of home occupation in order to assure compatibility of home occupations with other uses permitted in the applicable district and to preserve the character of residential neighborhoods.

bbbbbbbbbbb. Home Occupations. Home occupations shall not be permitted except in compliance with this section and other applicable law.

ccccccccccc. Application for Home Occupations. An application for an administrative Permit for a Type I Home Occupation or Special Exception for a Type II Home Occupation shall be signed by all owners and adult residents of the property in question and filed with the Zoning Ordinance on forms provided by the Zoning Ordinance. The Zoning Administrator shall review the application and classify the proposed Home Occupation as a Type I or Type II based upon:

(1) The established standards for Type I and Type II Home Occupations described in D. and E. herein, and


ddddddddddd. Type I Home Occupation. The following standards are applicable to all Type I Home Occupations:


(2) No more than twenty (20) percent of the total gross floor area of the said dwelling unit shall be used for such home occupation. The home occupation may not utilize more than fifty (50) percent of any one (1) floor of the dwelling unit.








(8) No equipment, process, or activity shall be used in a home occupation that creates noise, vibration, glare, fumes, odors, or electrical or television interference that is detectable to the normal senses outside the dwelling unit or accessory structure.

(9) No traffic shall be anticipated by a home occupation in substantially greater volumes than would normally be expected by one (1) dwelling unit in a residential neighborhood. No vehicle or delivery truck shall block or interfere with normal traffic circulation.



eeeeeeeeeee. The following uses are examples of home occupation that may be classified as a Type I:


(2) Home crafts



(5) Painting, sculpturing or writing


(7) Drafting, surveying service




fffffffffff. Type II Home Occupation. The following standards are applicable to all Type II Home Occupations:

(1) No person other than the residents of the dwelling unit on the subject premises named in the application shall be engaged in such home occupation

(2) No more than twenty-five (25) percent of the total gross floor area of the said dwelling unit shall be used for such home occupation. The home occupation may not utilize more than fifty (50) percent of any one (1) floor of the dwelling unit.







(7) No equipment, process, or activity shall be used in a home occupation that creates noise, vibration, glare, fumes, odors, or electrical or television interference that is detectable to the normal senses outside the dwelling unit or accessory structure.

(8) No traffic shall be anticipated by a home occupation in substantially greater volumes than would normally be expected by one (1) dwelling unit in a residential neighborhood. No vehicle or delivery truck shall block or interfere with normal traffic circulation.



ggggggggggg. The following uses are examples of home occupation which may be classified as a Type II:

(1) Attorney office



(4) Jewelry repair

(5) Shoe repair

(6) Carpentry, cabinet makers

(7) Ceramics that involve the use of a kiln





(12) Photo developing, photo studio




(14) Home day care

hhhhhhhhhhh. General Provisions. All home occupations shall conform to the following standards:


(2) In no case shall a home occupation be open to the public at times earlier than 7 a.m. nor later than 9 p.m.


(4) The Zoning Administrator, in the case of an Administrative Permit for a Type I Home Occupation, or the Board of Zoning Appeals in the case of a Special Exception Permit for a Type II Home Occupation, may impose reasonable conditions necessary to protect the public health, safety, and welfare, or to protect against a possible nuisance condition.

(5) Administrative Permits issued by the Zoning Administrator, or Special Exception Permits issued by the Board of Zoning Appeals may be revoked by the issuing authority for cause after reasonable notice to the permittee and an opportunity for hearing on the matter.

(6) Home occupations shall commence only after the receipt of an Administrative Permit if classified as a Type I, or Special Exception Permit if classified as a Type II.

iiiiiiiiiii. Permit Review Process. Applications for a home occupation shall be reviewed as follows:




(4) Zoning Administrator can approve or deny the application.

(5) If approved, an Administrative Permit for the home occupation shall be issued.

(6) Zoning Administrator may impose reasonable conditions as part of the approval.

(7) Applicant may appeal to the Board of Zoning Appeals if application is denied or if conditions are unacceptable. On appeal of a condition(s), appeal must be filed within fourteen (14) days of the date of the Zoning Administrator's approval of the Administrative Permit.





i. Enforcement. In the event the Zoning Administrator determines that the operation of any home occupation is in violation of this Section or any permit condition, notice shall be provided to the permittee setting forth a description of the violation, corrective action required, and a date by which such corrective action must be accomplished. The permit may be revoked if not corrected in the manner and by the date specified in the notice in accordance with the revocation procedures applicable to Special Exceptions. In addition, violations of this Section are subject to the penalties provided for in this ordinance.



Downtown Business – C-DB-SZPurpose and Description

jjjjjjjjjjj. The Downtown Business Special Zone (C-DB-SZ) District is established to promote and regulate a variety of urban uses within the downtown area that will preserve and promote a level of vitality necessary for the regional attraction of commerce. This district promotes a pedestrian-oriented place by creating a relatively continuous street wall of buildings with a mixture of office, residential, and commercial uses.

Permitted Uses

kkkkkkkkkkk. No building in this District hereafter shall be constructed, altered, converted, or used in whole or in part except for:



(3) Micro-Breweries

(4) Micro-wineries

(5) Retail Showrooms

(6) Furniture Stores

(7) Home Furnishing Stores

(8) Electronics and Appliance Stores

(9) Home Centers

(10) Hardware Stores

(11) Fabric Shops

(12) Meat Markets

(13) Specialty Food Stores

(14) Beer, Wine and Liquor Stores

(15) Pharmacies and Drug Stores

(16) Cosmetics, Beauty Supplies and Perfume Stores

(17) Optical Goods Stores

(18) Health Supplement Stores

(19) Clothing Stores

(20) Shoe Stores

(21) Jewelry Stores

(22) Luggage and Leather Good Stores



(23) Cigar/Tobacco Shops


(25) Tackle Shops

(26) Book Stores

(27) Department Stores

(28) Florists

(29) Bakery

(30) Antique Shops

(31) Office Supply and Stationary

(32) Gift Stores

(33) Postal Service

(34) Movie Theaters

(35) Broadcasting (except Internet) (except transmission towers)

(36) Telecommunications (except Telecommunication Towers)

(37) Data Processing, Hosting and Related Services

(38) Libraries and Archives

(39) Commercial Banking


(41) Insurance Agencies and Brokerages

(42) Real Estate Lessors

(43) Real Estate Agents, Appraisers and Brokers Offices

(44) Residential Property Managers

(45) Nonresidential Property Managers

(46) Formal Wear and Costume Rental

(47) Video/DVD Rental

(48) Home Health Equipment Rental


(50) Legal Service Offices

(51) Accounting, Tax Preparation, Bookkeeping and Payroll Services Offices

(52) Design Services

(53) Computer System Design Service Offices

(54) Management, Scientific, and Technical Consulting Services



(55) Advertising, Marketing, Public Relations and Related Services Agencies

(56) Photography Studios

(57) Commercial Photography

(58) Translation and Interpretation Services

(59) Management of Companies and Enterprises

(60) Office Administrative Services

(61) Facilities Support Services

(62) Employment Placement Agencies

(63) Document Preparation Services

(64) Telephone Call Centers

(65) Business Service Centers

(66) Travel Agencies

(67) Tour Operators

(68) Locksmiths

(69) Waste Management and Remediation Services (office only)

(70) Business Schools and Computer and Management Training

(71) Technical and Trade Schools

(72) Fine Arts School

(73) Dance Studio

(74) Sports and Recreation Instruction

(75) Language Schools

(76) Exam Prep and Tutoring

(77) Educational Support Services

(78) Physicians Offices

(79) Dentist Offices

(80) Outpatient Care Centers

(81) Medical and Diagnostic Laboratories

(82) Home Health Care Services


(84) Vocational Rehabilitation Services

(85) Child Day Care Services (except Home-based Child Day Care)

(86) Performing Arts Companies



(87) Community Theaters

(88) Promoters of Performing Arts, Sports, and Similar Events

(89) Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures

(90) Independent Artists, Writers, and Performers

(91) Museums

(92) Public Park

(93) Health Spa

(94) Fitness and Recreation Sports Centers


(96) Full Service Restaurants

(97) Fast Food Restaurant without Drive-In

(98) Sidewalk Café






(104) Personal and Household Goods Repair and Maintenance

(105) Tailor Shops

(106) Hair, Nail and Skin Care Services

(107) Tanning Salon

(108) Diet and Weight Reducing Centers

(109) Funeral Homes and Funeral Services

(110) Dry-cleaning and Laundry Services

(111) Commercial Animal Establishments


(113) Business, Professional, Labor, Political, and Similar Organizations








Special Exceptions

lllllllllll. The following uses may be approved after filing of a special exception petition provided they follow all provisions for this district outlined by this Ordinance.




(4) Nursery/Garden Centers

(5) Taxi Service


(7) Security Guards and Patrol Services

(8) Automobile Driving Schools

(9) Hotels and Motels




mmmmmmmmmmm. Accessory uses such as the following are authorized in the C-DB-SZ District subject to the provisions of any and all recorded restrictive covenants running with the land:


(2) Accessory buildings/garages

(3) Curbs

(4) Driveways

(5) Lamp posts

(6) Name plates

(7) Parking space





(12) Walks



nnnnnnnnnnn. Accessory structures may not be erected before the construction of principal structures.

ooooooooooo. Accessory structures shall be clearly subordinate in height, area, bulk extent, and purpose to the primary structure and shall not exceed the required heights, setbacks or area standards.


ppppppppppp. The Zoning Administrator shall determine whether or not accessory uses are permitted based on consistency of each use with the intent of the district in which it is located.

qqqqqqqqqqq. The following accessory structures are permitted in the C-DB-SZ District and require an Improvement Location Permit certifying that all applicable property development standards and requirements of the ordinance have been met.

(1) Buildings such as garages, carports, fences, enclosed patios, bath houses, gazebos, cabanas, greenhouses, storage sheds, stables, and other structures over one hundred (100) square feet in area.

(2) Antennas and amateur radio towers over ten (10) feet of the permitted height regulations.

rrrrrrrrrrr. Accessory Dwelling Units. Accessory Dwelling Units are not permitted in the C-DB-SZ District.



Development Standards Downtown Business – C-DB-SZ

Improvement StandardsMinimum lot size 2,500 sftMaximum lot size 2 acresMinimum lot width 25 feetMinimum front setback(measured from inside public sidewalk)

None

Maximum front setback 5 feetMinimum side setback NoneMaximum side setback 10 feetMinimum rear setback, abutting a residential district

20 feet

Minimum rear setback (all other) Three (3) feet except where a dedicated alley separates such rear lot setback from the adjacent district, the rear setback shall be not less than ten (10) feet (See standards for a transitional rear setback under Property Development Regulations in this Section).

Maximum building height 75 ftMaximum impervious surface coverage 100 percent


sssssssssss. A development plan review is required within this district as set forth in Section 8.0 Review and Approval of Development Plans of this ordinance.

ttttttttttt. Subdivision of land is permitted within this district. All subdivisions must follow requirements set forth in Section 6.0 Subdivision Control of this ordinance.

uuuuuuuuuuu. Sidewalks are required in this district.

vvvvvvvvvvv. A centralized water and sewer system is required for this Zoning District. The applicant shall be required to connect to a public sewer system. An individual disposal system is prohibited in this zoning district.

wwwwwwwwwww. A transitional rear setback is required when the property abuts a different District. The following standards apply to transitional rear setbacks:

(1) A transitional rear setback of at least ten (10) feet is required if the property is adjacent to a different District.

(2) If an alleyway separates a rear setback from the adjacent district, the rear setback shall not be less than ten (10) feet

(3) Where the ground area required for transitional rear yard exceeds twenty (20) percent of the lot area, the width of the rear transitional yards may be reduced by one-half ( 1/2), but to not less individually than six (6)-foot planting areas, provided a six (6)-foot opaque wooden fence or solid wall is erected.



(4) Transitional yard requirements shall not apply in those instances where commercial or industrial use, legally established by permanent variance or lawful nonconforming use, exists upon such property or abutting frontage property.

xxxxxxxxxxx. Residential uses are prohibited on the ground floor of any structure within the C-DB-SZ District.

yyyyyyyyyyy. Construction will be permitted across no more than five (5) contiguous lots provided that all of the following conditions are satisfied:




Building Standards


zzzzzzzzzzz. Minimum Standards. The following minimum standards shall apply to all primary structures within the City:

(1) Residential dwelling units, excluding any additions, garages, porches, or attachments, shall have a minimum floor area of eight hundred (850) square feet;




aaaaaaaaaaaa. The Building Standards above apply to new construction occurring after the date of the approval of this Zoning Ordinance. Legally established dwelling units existing prior to the adoption of this Zoning Ordinance shall be deemed to be legal, non-conforming uses.

Height Standards

bbbbbbbbbbbb. No structure may be erected or changed to make its height greater than specified in the C-DB-SZ Development Standards Table, except for the following:




(4) Water tower



cccccccccccc. Amateur Radio Towers. Amateur radio towers may exceed the permitted height regulations by up to ten (10) feet but cannot interfere with business interception

dddddddddddd. Small Wind Energy Conversion Systems. Small wind energy conversion systems may exceed the permitted height regulations by up to ten (10) feet in order to be within the appropriate wind pattern.

eeeeeeeeeeee. Necessary Building Accessories. The following structural elements may exceed the permitted height standards by up to ten (10) feet:


(2) Water tanks

(3) Chimneys

(4) Fire towers

(5) Stair towers



The following temporary uses shall be permitted in the C-DB-SZ district subject to approval by the Zoning Administrator based on their decision that the use will accommodate the temporary needs of properties and land uses, ensure that temporary uses do not become permanent without proper examination, and do not detrimentally affect the health, welfare, safety, or morals of the neighborhood under consideration for such use.

ffffffffffff. Construction buildings. Temporary structures and buildings incidental to construction work are permitted, but must be removed upon completion of the construction.

gggggggggggg. Applicable Development Standards. Temporary structures must meet all development standards for a permanent accessory structure unless otherwise specified in this section.

hhhhhhhhhhhh. Temporary Structure Time Limits. Any temporary structure used for a permitted primary use may be permitted for up to one (1) year, unless otherwise specified by this Ordinance.

iiiiiiiiiiii. Permit Required. Permits may be issued for temporary structures or uses upon review by the Plan Commission. The following are general provisions that must be met before approval:









jjjjjjjjjjjj. Outdoor Sales, Display and Storage Standards. As used herein "outdoor sales" shall include "roadside sales" and "sidewalk sales" as defined in Section II of the Whiting Unified Zoning and Subdivision Control Ordinance. The regulation of each shall be accomplished as follows:

(1) General. An outdoor sale may be held up to two (2) times per calendar year, but no such sale shall be conducted for more than three (3) consecutive days, except as otherwise authorized by the Whiting Board of Public Works and Safety.

i. No such outdoor sale shall be held without the owner or occupier of the premises having first obtained a permit therefor. Such permit shall be obtained through an application to the Zoning Administrator who may issue such permit upon payment of a fee as specified in the official Whiting Fee Schedule. Such permit shall specify the address and date of such sale and shall expire on December 31 of each year. Any permit issued by the City does not license the holder to utilize private property for such purposes.



(4) Roadside Sales. No sign, stand, structure or other physical component of a roadside sale shall be placed within ten (10) feet of the curb or pavement edge.

i. All items for sale, signs, stands, or temporary structures associated with a roadside sale shall be stored in a secure and enclosed condition upon close of the sale each day or removed.

ii. A permitted roadside sale may be conducted only between the hours of sunrise and sunset.

(5) Sidewalk Sales. No sign, stand, structure or other physical component of a sidewalk sale shall be placed so that it:

i. Obstructs greater than fifty (50) percent of the width of the public sidewalk

ii. Obstructs the sight triangle of motorists on adjacent rights-of-way, or



iii. Otherwise threatens the health and/or safety of the general public.

iv. All Items for sale, signs, stands, or temporary structures associated with a sidewalk sale shall be placed inside the store upon close of sale each day.

Bulk Storage

kkkkkkkkkkkk. Structures, buildings, or above-ground tanks used for bulk storage of flammable or explosive liquids, gases, or other materials shall be prohibited.

Lighting

Outdoor lighting, where provided, shall be of a design and size that is harmonious with the design of the building, the type of land use, and the type of adjacent land uses subject to the following standards. All areas containing outdoor lighting, including but not limited to floodlighting, security, street, or parking lot lighting shall comply with the requirements of this section.

llllllllllll. Shielded Lighting. All areas containing outdoor lighting shall limit light spoilage onto adjacent property, when measured at any point along a property line. Compliance shall be achieved by utilizing fixture shielding, directional control designed into fixtures, fixture location, height, or aim, or a combination of these or other factors.

mmmmmmmmmmmm. Installation. All lighting installations shall be designed and installed to be fully shielded (full cutoff), with the exceptions below. In residential areas, light should be shielded such that the lamp itself or the lamp image is not directly visible outside the property perimeter.










nnnnnnnnnnnn. Electrical Service. The electrical service to all outdoor lighting fixtures shall be underground, unless affixed to a building.



oooooooooooo. Lamps. The source of the actual light shall be halogen, metal halide, or other type that ensures true-color at night.

pppppppppppp. Height Limitations. Light sources that exceed twenty-five (25) feet in height shall not be allowed, except:



qqqqqqqqqqqq. Exceptions. The following are exempt from the ordinance:



Parking and Loading

The purpose of this section is to reduce traffic problems and hazards. Off-street parking is not required within this District. If space permits, off street parking spaces within the C-DB-SZ District shall be used only for the parking of vehicles of occupants, patrons, visitors or employees and shall not be used for any kind of loading, sales, servicing or continuous storage of vehicles for more than forty eight (48) hours. Spaces allotted to loading berths and loading areas shall not be used to satisfy parking space requirements.

rrrrrrrrrrrr. Required Parking Spaces. Off-street parking is not required within this district. If parking is provided, it shall meet the standards set forth in this section.

ssssssssssss. Nonconforming Parking, Enlargement or Alteration of Existing Structures.



(3) When the intensity of use of any building, structure, or premises shall be increased through the addition of dwelling units, floor area, beds, seating capacity, or other unit of measurement, parking and loading facilities can be provided for such increase in intensity of use.



(4) When the existing use of a building, structure, or premises shall be changed or converted to a new use permitted by this ordinance, parking and loading facilities can be provided as required for the new use.


tttttttttttt. Design Flexibility.

(1) All off street parking within the C-DB-SZ District shall be located within the rear yard and accessed by an alley

(2) Upon written request by the applicant, up to twenty five percent (25%) of the dedicated parking area may remain unpaved and in greenspace until such time as the need for maximum parking is determined. This decision and determination shall be at the discretion of the Plan Commission. Such greenspace shall not be counted toward required parking, landscaping, or bufferyards.

uuuuuuuuuuuu. Parking Space Dimensions.




iii.Sixty Degree (60°): Nine feet – eight inches (9’8”) wide by eighteen feet – five inches (18’5”) long


(2) The length for the right angle, sixty (60)-degree, and forty-five (45)-degree parking space shall be measured at right angles to the edge of usable parking area forming the angles, exclusive of passageway.

(3) All uses that are required to provide accessible parking areas shall be required to provide the minimum number of accessible parking spaces required for said use; show the proposed dimensions and location of all such accessible parking spaces on all site plans, plats, and other plans which will be reviewed by the Plan Commission or Board of Zoning Appeals; and comply with all appropriate parking, traffic, safety, and accessibility codes




Figure N: C-DB-SZ Parking Isle Widths




(6) Parking on grass or dirt areas in the front, back or side lot of any property shall be prohibited except for emergency response vehicles.

(7) Driveways shall not be required within the C-DB-SZ District. If space permits, driveways shall be a minimum ten (10) feet for 1-way traffic and eighteen (18) feet for 2-way traffic, except that a ten (10) foot driveway is permissible for 2-way traffic when the driveway is not longer than fifty (50) feet and provides access to a maximum of five (5) parking spaces.

vvvvvvvvvvvv. Joint Use. Mixed uses, within the same and/or separate structures, may provide joint parking provided the total number of spaces is not less than the sum of requirements for the various uses. To the extent that developments with joint parking operate at different times, such parking spaces may be credited to both uses. The zoning administrator may require proof of an executed shared parking agreement.

wwwwwwwwwwww. Residential Parking for Mixed Use Development. The requirements set forth within this section shall apply to mixed-use developments with residential uses, or high-density residential development within the C-DB-SZ District.

(1) On-street parking spaces located along the portion of a public street(s) abutting the use may be counted toward the minimum number of parking spaces required by this ordinance. Those on-street parking spaces must be located on the same side(s) of the street as the use. In the event that any on-street parking that was allowed to count toward the minimum requirement is removed by the City, the existing use will not be required to make up the difference.

(2) The parking requirements (for new spaces) of the district may be met onsite or offsite at a distance of up to three hundred (300) feet from the permitted use.

xxxxxxxxxxxx. Satellite Parking. The Board of Zoning Appeals may grant satellite parking to any mixed-use by Special Exception. At least part of such parking must be within three hundred (300) feet of the proposed use. A site development plan must accompany any such application for Special Exception and must include the following:




(2) All uses to be served including the location, use, and number of parking spaces provided.

(3) A layout drawn to scale indicating aisles, driveways, entrances, exits, turn-off lanes, parking spaces, setbacks, drainage facilities, landscaping, lighting, pavement, and identification signs including location, size, and design.

(4) All satellite parking shall be developed, maintained, and used in accordance with the approved site development plan and all other requirements.


yyyyyyyyyyyy. Loading and Unloading. Uses, except those that do not receive or transport goods in quantity by truck delivery, shall be provided loading berths. Each loading and unloading berth must include a twelve (12)-foot by forty five (45)-foot loading space with a fourteen (14)-foot height clearance. No portion of the vehicle shall project into a street or alley and no loading berth shall be located within twenty-five (25) feet of the nearest point of intersection of any two (2) streets, nor shall be located in a required front yard or side yard adjoining a street.

Figure OM: C-DB-SZ Loading Berth Requirements




zzzzzzzzzzzz. General Design for Nonresidential Parking.

(1) Loading areas along the street front should be minimized. When possible, employee parking or loading areas should be placed to the rear of the structure. All employee parking or loading areas shall be designed with appropriate means of movement and shall be so arranged that movement can proceed safely without posing a danger to pedestrians or other vehicles. No parking area shall be so designed as to require backing into a public street, public or private pedestrian access way, or from a public alley.










aaaaaaaaaaaaa. One walkway can serve as a collector for up to four (4) rows of parking spaces.

bbbbbbbbbbbbb. The walkway should be a minimum of four (4) feet wide, allowing an additional thirty (30) inches on each side for overhanging of vehicles.

ccccccccccccc. All walkways should be constructed to be clearly defined through the use of material, landscaping or other form of delineation.


(2) Parking spaces may be open to the sky or enclosed in a structure. Parking structures shall be treated as any major structure and shall be subject to all applicable structural requirements of this ordinance.

i. Parking structures shall be designed to be architecturally compatible with their surroundings, including appearance, size, scale, building materials, and bulk.


ddddddddddddd. Entrances/Driveways




Figure PN: C-DB-SZ Road Widths

ROAD CLASS/DISTRICT

REC / REC LAKE


PRIMARYARTERIAL 60 FT 60 FT 60 FT 60 FT 60 FT 60 FT 60 FT 70 FT 80 FT

SECONDARYARTERIAL 50 FT 50 FT 50 FT 50 FT 50FT 50 FT 50 FT 60 FT 70 FT

COLLECTOR (FEEDER) 40 FT 40 FT 40 FT 40 FT 40 FT 40 FT 40 FT 50 FT 60 FT

LOCAL STREET 30 FT 30 FT 30 FT 30 FT 30 FT 30 FT 30 FT 40 FT 50 FT

(2) Driveway width shall be a minimum of twenty-four (24) feet for uses in the C-DB-SZ District.

eeeeeeeeeeeee. Landscaping within Off-Street Parking Areas.

(1) All off-street parking areas containing fifteen (15) or more spaces shall be separated from all public or private street rights-of-way by a landscape screen that is a minimum of fifteen (15) feet in width. Parking areas adjacent to other developed parcels shall require a planting area that is a minimum ten (10) feet in width. Landscape buffers may be achieved through the use of earthen berms, shrubs, trees or other appropriate materials to effectively screen the parking area from the rights-of-way.

(2) Interior Parking Areas. Planting shall be established to break up the interior of all parking areas. Landscape planting islands shall be a minimum of eight (8) feet in width to ensure adequate room for planting. Interior landscaping shall be comprised of one canopy tree and three shrubs for every fifteen (15) parking spaces.

(3) Lighting. Lighting provided to illuminate off-street parking areas shall be so arranged, shielded and directed upon the parking area in such a manner as to not reflect or cause glare into adjacent properties or interfere with street traffic. Lighting shall be in accordance with the Lighting standards listed above.


Landscaping




fffffffffffff. Basic Standards. This section shall apply to new property development and any expansion of existing legally conforming sites or structures that exceeds thirty-five percent (35%) of the existing site or structure, except for single family dwelling structures.






(6) Landscaping shall be used to screen from view uses such as trash enclosures, storage areas, mechanical equipment, loading docks, and similar items where such areas are visible from roads, sidewalks or open space.

(7) Non-living ground cover may include decorative gravel, bark mulch, river rock or similar materials. Decorative elements, such as walks, decks, terraces, water features and similar features may be included. Planting beds may not contain more than fifty percent (50%) non-living ground cover.

(8) All plants used for landscaping shall be compatible with the local climate and the soils, drainage and water conditions of the site. When planting occurs on hillsides, slopes, drainage ways or similar natural areas, plant material should duplicate adjacent plant communities both in species composition and special distribution patterns. Whenever possible, drought-resistant varieties of plant materials shall be utilized.

(9) Healthy trees, native vegetation, and natural or significant rock outcroppings and other valuable features shall be preserved and integrated within planting areas. Existing healthy trees and shrubs that are preserved shall count towards the landscaping standards of this Section.




i. Deciduous Trees. Deciduous trees shall be a minimum of two (2) inches in caliper measured four (4) inches above the ground.








ggggggggggggg. Surface Water. It shall be the responsibility of the owner of any lot or parcel of land developed for any use to provide for adequate surface water drainage. When possible, existing natural surface drainage may be utilized. Whenever the evidence available indicates that the natural surface drainage is inadequate, the owner shall provide the parcel with an adequate surface water system which shall be integrated into the drainage pattern of surrounding properties. When the surface drainage is adequate, an easement for such surface drainage shall be provided. On-site detention shall be required where necessary to prevent harm to adjoining properties.

hhhhhhhhhhhhh. Drainage. Drainage swales (ditches) along dedicated roadways and within the right-of-way or on dedicated drainage easements are not to be altered, except for maintenance as originally constructed and as



approved by the County Highway Department, the Lake County Drainage Board, City Street Department, or Indiana Department of Transportation. Driveways may be constructed over these or other approved structures as permitted by the appropriate agency.

iiiiiiiiiiiii. Permanent Structures. No permanent structures other than a fence may be erected, and if erected in violation of this section, no such structure may be used if the location is within seventy-five (75) feet of the centerline of any legal tile ditch, or within seventy-five (75) feet of the existing top edge of any legal open ditch or tile unless approved by the Lake County Drainage Board and the Whiting Plan Commission.

jjjjjjjjjjjjj. Preservation of Natural/Historic Features. Existing natural and historic features that would add value to development of natural or manmade assets of the city, such as trees, streams, vistas, lakes, historical landmarks, and similar irreplaceable assets, shall be preserved through harmonious and careful design. Land to be developed shall be designed and improved as far as practical in conformity to existing topography in order to minimize stormwater runoff and conserve the natural cover and soil.

kkkkkkkkkkkkk. Cut/Fill Grade. No cut or fill grade shall exceed a slope of 3:1 or thirty-three and one-third (33 1/3) percent. This provision shall apply to all cuts and fills exceeding one hundred (100) square feet in exposed surface area, including cuts or fills on land naturally exceeding 3:1 in slope.

lllllllllllll. Erosion Prevention. All land, regardless of slope, from which structures or natural cover has been removed or otherwise destroyed, shall be appropriately graded and seeded within a reasonable time of such activity to prevent erosion.

mmmmmmmmmmmmm. Alterations to Shoreline. No alteration of the shoreline or bed of a river or public lake shall be made until written approval is obtained from the Indiana Department of Natural Resources, and the provisions of this ordinance are complied with. Alterations include, among other things, filling of a river or wetlands, dredging of a riverbed, and ditch excavation within one-half ( 1/2) mile of a water body.

nnnnnnnnnnnnn. Hazardous Waste. All development must be in compliance with IC Title 7, as amended, as it relates to hazardous waste, low level nuclear waste, underground storage tanks, waste tires, and other applicable ordinances of said Title.

ooooooooooooo. Environmental Quality. All development must be in compliance with IC Title 13, as amended, as it relates to air pollution control, water pollution control, solid waste management, and other applicable ordinances of said Title.

ppppppppppppp. Waste Disposal. No waste materials such as garbage, rubbish, gasoline, oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity, or temperature so as to contaminate, pollute, or harm the waters shall be deposited, located, stored, or discharged



on any lot in a way that would be likely to run off, seep, or wash into surface or groundwaters.

qqqqqqqqqqqqq. Fuel Storage. No highly flammable or explosive liquids, solids, or gases specified by the State Fire Marshal shall be stored in bulk above ground, except tanks or drums of fuel connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel except for permitted uses in I-HIM-SZ district

rrrrrrrrrrrrr. Debris/Refuse. Debris and refuse shall not accumulate on any property, in any zoning district.

sssssssssssss. Treatment of Fill. Bricks, concrete, lumber, and other material used for fill where permitted by this ordinance and/or by the IDEM, DNR, or other governmental agency, shall be promptly covered and seeded.

ttttttttttttt. View Requirements. Where a proposed structure will eliminate more than fifty percent of an adjacent structure's view or exposure to the sun, an additional yard area setback may be required by the Zoning Administrator so that the fifty percent (50%) view or exposure may be maintained.

uuuuuuuuuuuuu. Health and Safety. No use shall be permitted that is injurious in health and safety of humans, animals, or vegetation, or that is noxious by reason of the emission of odor, visual pollution, or other undesirable nuisances which effects extend beyond the lot line where the use exists.



vvvvvvvvvvvvv. Sidewalks may be placed within required setbacks.

wwwwwwwwwwwww. Sidewalks must meet and connect with sidewalks on adjoining properties. The Zoning Administrator can and may require changes to sidewalk placement to meet this requirement.

xxxxxxxxxxxxx. Sidewalks shall remain the property of the property owner, who shall be responsible for maintenance and upkeep of sidewalks at all times.

yyyyyyyyyyyyy. Sidewalks shall be maintained at all times to meet accessibility requirements of the Americans with Disabilities Act.

zzzzzzzzzzzzz. Sidewalks shall have a maximum slope of five percent (5%), be a minimum of five (5) feet wide with a four (4)-inch surface thickness and six (6)-inch compacted aggregate base.

aaaaaaaaaaaaaa. Sidewalks shall be maintained at all times to be passable. This includes:





bbbbbbbbbbbbbb. Shared-use paths. A shared-use path may replace the sidewalk requirement where a City approved shared-use path exists or is planned.



Boulevard Business - C-BB-SZPurpose and Description

The Boulevard Business Special Zone (C-BB-SZ) District is established for areas along major traffic arteries in order to promote responsible development of the appropriate shopping service needs and residential options of such locations. This district can accommodate a mixture of single-use sites and mixed-use sites.

Permitted Uses

cccccccccccccc. No building in this District hereafter shall be constructed, altered, converted, or used in whole or in part except for:




(4) Micro-Breweries

(5) Micro-wineries

(6) Automobile Dealers, New & Used Cars

(7) Recreational Vehicle Dealers

(8) Motorcycle, ATV, and Personal Watercraft Dealers

(9) Boat Dealers

(10) Automotive Parts and Accessories Stores

(11) Tire Stores





(16) Home Centers


(18) Supermarkets and Other Grocery (except Convenience) Stores

(19) Convenience Stores

(20) Fabric Shops

(21) Meat Markets









(28) Gasoline Stations without Convenience Stores

(29) Gasoline Stations with Convenience Stores

(30) Gasoline Station with Repair

(31) Gasoline Station without Repair


(33) Shoe Stores

(34) Jewelry Stores




(38) Tackle Shops

(39) Book Stores


(41) Florists

(42) Bakery

(43) Antique Shops


(45) Gift Stores

(46) Used Merchandise Stores

(47) Taxi Service

(48) Postal Service

(49) Couriers and Messengers

(50) Newspaper, Periodical, Book and Directory Publishers

(51) Software Publishers

(52) Motion Picture and Sound Recording Industries

(53) Movie Theaters

(54) Broadcasting (except Internet) (except transmission towers)

(55) Telecommunications (except Telecommunication Towers)

(56) Data Processing, Hosting and Related Services







(61) Real Estate Lessors

(62) Real Estate Agents, Appraisers and Brokers Offices

(63) Residential Property Managers

(64) Nonresidential Property Managers

(65) Car Rental

(66) Truck, Utility Trailer and RV Rental

(67) Electronics and Appliance Rental

(68) Formal Wear and Costume Rental

(69) Video/DVD Rental

(70) Home Health Equipment Rental


(72) Commercial and Industrial Machinery and Equipment Rental and Leasing






(78) Scientific Research and Development Services


(80) Photography Studios

(81) Commercial Photography

(82) Translation and Interpretation Services










(90) Travel Agencies

(91) Tour Operators


(93) Locksmiths





(98) Dance Studio






(104) Physicians Offices

(105) Dentist Offices




(109) Blood and Organ Banks

(110) Nursing Care Facilities

(111) Group Homes per IC-12-28-4


(113) Community Food and Housing, and Emergency and Other Relief Services





(118) Promoters of Performing Arts, Sports, and Similar Events



(119) Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures


(121) Museums

(122) Public Park

(123) Amusement and Theme Parks

(124) Health Spa


(126) Bowling Centers

(127) Billiard Rooms




(131) Fast Food Restaurant with Drive-In


(133) Sidewalk Café





(138) Food Service Contractors

(139) Caterers


(141) Roadside Food Stand

(142) Roadside Produce Stand


(144) Automotive Repair and Maintenance

(145) Automotive Body Shop

(146) Automotive Oil and Lubrication Shops

(147) Car Washes

(148) Electronic and Precision Equipment Repair and Maintenance

(149) Home and Garden Equipment Repair and Maintenance




(151) Tailor Shops

(152) Hair, Nail and Skin Care Services

(153) Tanning Salon

(154) Diet and Weight Reducing Centers

(155) Psychic Services


(157) Coin-operated Laundries


(159) Industrial Launderers

(160) Kennel











Special Exceptions

dddddddddddddd. The following uses may be approved after filing of a special exception petition provided they follow all provisions for this district outlined by this Ordinance.



(3) Contractors

(4) Outdoor Power Equipment Stores


(6) Charter Vehicle Industry




(8) Miniwarehouses or indoor storage units

(9) Exterminators and Pest Control Services

(10) Janitorial Services

(11) Landscaping Services

(12) Carpet and Upholstery Cleaning Services

(13) Colleges, Universities, and Professional Schools

(14) Ambulance Services


(16) Archery Ranges/Firearm Target (Indoor)




eeeeeeeeeeeeee. Accessory uses such as the following are authorized in the C-BB-SZ District subject to the provisions of any and all recorded restrictive covenants running with the land:



(3) Curbs

(4) Driveways

(5) Lamp posts

(6) Name plates

(7) Parking space





(12) Walks

ffffffffffffff. Accessory structures may not be erected before the construction of principal structures.

gggggggggggggg. Accessory structures shall be clearly subordinate in height, area, bulk extent, and purpose to the primary structure and shall not exceed the required heights, setbacks or area standards.

(1) Accessory structures shall meet all setback requirements of the zoning district and shall not encroach on any platted easement



except for driveways, retaining walls, trees, shrubs, plants, curbs, walks, or public utility installations.

hhhhhhhhhhhhhh. The Zoning Administrator shall determine whether or not accessory uses are permitted based on consistency of each use with the intent of the district in which it is located.

iiiiiiiiiiiiii. The following accessory structures are permitted in the C-BB-SZ District and require an Improvement Location Permit certifying that all applicable property development standards and requirements of the ordinance have been met.


(2) Home occupation structures in accordance with this ordinance.


jjjjjjjjjjjjjj. Accessory Dwelling Units. Accessory Dwelling Units are not permitted in the C-BB-SZ District.

Development Standards Boulevard Business – C-BB-SZ

Improvement StandardsMinimum lot size 2,500 sftMaximum Lot Size 40,000 sftMinimum Lot Width 25 feetMinimum front setback(measured from within public sidewalk)

None

Maximum front setback 5 feetMinimum side setback NoneMaximum side setback 60 feetMinimum rear setback abutting a residential district

20 feet

Minimum rear setback (all other) Three (3) feet except where a dedicated alley separates, such rear lot setback from the adjacent district, the rear setback shall be not less than ten (10) feet (See standards for a transitional rear setback under Property Development Regulations in this Section).

Maximum building height 75 feetMaximum impervious surface coverage 100 percent


kkkkkkkkkkkkkk. A development plan review is required within this district as set forth in Section 8.0 Review and Approval of Development Plans of this ordinance.

llllllllllllll. Subdivision of land is permitted within this district. All subdivisions must follow requirements set forth in Section 6.0 Subdivision Control of this ordinance.

mmmmmmmmmmmmmm. Sidewalks are required in this district.



nnnnnnnnnnnnnn. A centralized water and sewer system is required for this Zoning District. The applicant shall be required to connect to a public sewer system. An individual disposal system is prohibited in this zoning district.

oooooooooooooo. A transitional rear setback is required when the property abuts a different District. The following standards apply to transitional rear setbacks:

(1) A transitional rear setback of at least ten (10) feet is required if the property is adjacent to a different District.

(2) If an alleyway separates a rear setback from the adjacent district, the rear setback shall not be less than ten (10) feet

(3) Where the ground area required for transitional rear yard exceeds twenty percent (20%) of the lot area, the width of the rear transitional yards may be reduced by one-half ( 1/2), but to not less individually than six (6)-foot planting areas, provided a six (6)-foot opaque wooden fence or solid wall is erected.

(4) Transitional yard requirements shall not apply in those instances where commercial or industrial use, legally established by permanent variance or lawful nonconforming use, exists upon such property or abutting frontage property.

pppppppppppppp. Residential uses are prohibited on the ground floor of any structure within the C-BB-SZ District.

qqqqqqqqqqqqqq. Construction will be permitted across no more than five (5) contiguous lots provided that all of the following conditions are satisfied:




Building Standards


rrrrrrrrrrrrrr. Minimum Standards. The following minimum standards shall apply to all primary structures within the City:

(1) Residential dwelling units, excluding any additions, garages, porches, or attachments, shall have a minimum floor area of eight hundred (850) square feet;






ssssssssssssss. The Building Standards above apply to new construction occurring after the date of the approval of this Zoning Ordinance. Legally established dwelling units existing prior to the adoption of this Zoning Ordinance shall be deemed to be legal, non-conforming uses.

Height Standards

tttttttttttttt. No structure may be erected or changed to make its height greater than specified in the C-BB-SZ Development Standards Table, except for the following:

(1) Steeples on religious places of worship;



(4) Water tower

uuuuuuuuuuuuuu. Amateur Radio Towers. Amateur radio towers may exceed the permitted height regulations by up to ten (10) feet but cannot interfere with business interception.

vvvvvvvvvvvvvv. Small Wind Energy Conversion Systems. Small wind energy conversion systems may exceed the permitted height regulations by up to ten (10) feet in order to be within the appropriate wind pattern.

wwwwwwwwwwwwww. Necessary Building Accessories. The following structural elements may exceed the permitted height standards by up to ten (10) feet:


(2) Water tanks

(3) Chimneys

(4) Fire towers

(5) Stair towers



The following temporary uses shall be permitted in the C-BB-SZ district subject to approval by the Zoning Administrator based on their decision that the use will accommodate the temporary needs of properties and land uses, ensure that temporary uses do not become permanent without proper examination, and do not detrimentally affect the health, welfare, safety, or morals of the neighborhood under consideration for such use.

xxxxxxxxxxxxxx. Construction buildings. Temporary structures and buildings incidental to construction work are permitted, but must be removed upon completion of the construction.



yyyyyyyyyyyyyy. Applicable Development Standards. Temporary structures must meet all development standards for a permanent accessory structure unless otherwise specified in this section.

zzzzzzzzzzzzzz. Temporary Structure Time Limits. Any temporary structure used for a permitted primary use may be permitted for up to one (1) year, unless otherwise specified by this Ordinance.

aaaaaaaaaaaaaaa. Permit Required. Permits may be issued for temporary structures or uses upon review by the Plan Commission. The following are general provisions that must be met before approval:

(1) Temporary uses and/or structures that seek extensions of the initial time limits established in this section may renew such permit for a use and/or structure in 30-consecutive-day increments upon review by the Zoning Administrator.






bbbbbbbbbbbbbbb. Outdoor Sales, Display and Storage Standards. As used herein "outdoor sales" shall include "roadside sales" and "sidewalk sales" as defined in Section II of the Whiting Unified Zoning and Subdivision Control Ordinance. The regulation of each shall be accomplished as follows:







(4) Roadside Sales. No sign, stand, structure, or other physical component of a roadside sale shall be placed within ten (10) feet of the curb or pavement edge.

ccccccccccccccc. All items for sale, signs, stands, or temporary structures associated with a roadside sale shall be stored in a secure and enclosed condition upon close of the sale each day or removed.

ddddddddddddddd. A permitted roadside sale may be conducted only between the hours of sunrise and sunset.

(1) Sidewalk Sales. No sign, stand, structure, or other physical component of a sidewalk sale shall be placed so that it:

eeeeeeeeeeeeeee. Obstructs greater than fifty percent (50%) of the width of the public sidewalk,

fffffffffffffff. Obstructs the sight triangle of motorists on adjacent rights-of-way, or

ggggggggggggggg. Otherwise threatens the health and/or safety of the general public.

hhhhhhhhhhhhhhh. All Items for sale, signs, stands or temporary structures associated with a sidewalk sale shall be placed inside the store upon close of sale each day.

Bulk Storage

iiiiiiiiiiiiiii. Structures, buildings, or above-ground tanks used for bulk storage of flammable or explosive liquids, gases or other materials shall not be closer than fifty (50) feet to the property line.

jjjjjjjjjjjjjjj. Additional information regarding evidence of safety measures may be required to the Plan Commission in order to determine the public safety therein.

Lighting

Outdoor lighting, where provided, shall be of a design and size that is harmonious with the design of the building, the type of land use, and the type of adjacent land uses subject to the following standards. All areas containing outdoor lighting, including but not limited to floodlighting, security, street, or parking lot lighting, and shall comply with the requirements of this section.

kkkkkkkkkkkkkkk. Shielded Lighting. All areas containing outdoor lighting shall limit light spoilage onto adjacent property, when measured at any point along a property line. Compliance shall be achieved by utilizing fixture shielding, directional control designed into fixtures, fixture location, height, or aim, or a combination of these or other factors.

lllllllllllllll. Installation. All lighting installations shall be designed and installed to be fully shielded (full cutoff), with the exceptions below. In residential



areas, light should be shielded such that the lamp itself or the lamp image is not directly visible outside the property perimeter.


mmmmmmmmmmmmmmm. Swimming pools, splash pads, or water fountains

nnnnnnnnnnnnnnn. Exit signs and other illumination required by building codes

ooooooooooooooo. Lighting for stairs and ramps, as required by the building code

ppppppppppppppp. Signs regulated by the sign code, WMC Chapter 14.5 Sign Ordinance

qqqqqqqqqqqqqqq. Holiday and temporary lighting (less than 45 days use in any one year).

rrrrrrrrrrrrrrr. Football, baseball, softball field, tennis court, playground, ice skating rink lighting, but only with permit from the Plan Commission recognizing that steps have been taken to minimize glare and light trespass, and utilize sensible curfews

sssssssssssssss. Low-voltage landscape or pathway lighting


ttttttttttttttt. Electrical Service. The electrical service to all outdoor lighting fixtures shall be underground, unless affixed to a building.

uuuuuuuuuuuuuuu. Lamps. The source of the actual light shall be halogen, metal halide, or other type that ensures true-color at night.

vvvvvvvvvvvvvvv. Height Limitations. Light sources that exceed twenty-five (25) feet in height shall not be allowed, except:



wwwwwwwwwwwwwww. Exceptions. The following are exempt from the ordinance:



Parking and Loading

The purpose of this section is to reduce traffic problems and hazards. Uses permitted within the C-BB-SZ District shall not be required to include off street parking. If space permits, off street parking spaces within the C-BB-SZ District shall be used only for the parking of vehicles of occupants, patrons, visitors or employees and shall not be used for any kind of loading, sales, servicing or continuous storage of vehicles for more than 48 hours. Spaces allotted to loading berths and loading areas shall not be used to satisfy parking space requirements.

xxxxxxxxxxxxxxx. Nonconforming Parking, Enlargement, or Alteration of Existing Structures.








yyyyyyyyyyyyyyy. Design Flexibility.

(1) All off street parking within the C-BB-SZ District shall be located within the rear yard and accessed by an alley


zzzzzzzzzzzzzzz. Parking Space Dimensions.








(2) The length for the right angle, sixty (60)-degree, and forty-five (45)-degree parking space shall be measured at right angles to the edge of usable parking area forming the angles, exclusive of passageway.

(3) All uses that are required to provide accessible parking areas shall be required to provide the minimum number of accessible parking spaces required for said use; show the proposed dimensions and location of all such accessible parking spaces on all site plans, plats, and other plans that will be reviewed by the Plan Commission or Board of Zoning Appeals; and comply with all appropriate parking, traffic, safety, and accessibility codes


Figure QO: C-BB-SZ Parking Isle Widths




(6) Parking on grass or dirt areas in the front, back, or side lot of any property shall be prohibited except for emergency response vehicles.

(7) Driveways shall not be required within the C-BB-SZ District. If space permits, driveways shall be a minimum ten (10) feet for 1-way traffic and eighteen (18) feet for 2-way traffic, except that a ten (10) foot driveway is permissible for 2-way traffic when the driveway is not longer than fifty (50) feet and provides access to a maximum of five (5) parking spaces.

aaaaaaaaaaaaaaaa. Required Parking Spaces.



(3) For uses not specified in this section or in the instance requirements for an adequate number of spaces is unclear, the number of spaces shall be determined by the Zoning Administrator



on the basis of similar requirements, the number of persons served or employed and the capability of adequately serving the visiting public. Such determination may be reviewed by the Plan Commission or appealed to the Board of Zoning Appeals.



bbbbbbbbbbbbbbbb. Joint Use. Mixed uses, within the same and/or separate structures, may provide joint parking provided the total number of spaces is not less than the sum of requirements for the various uses. To the extent that developments with joint parking operate at different times, such parking spaces may be credited to both uses. The zoning administrator may require proof of an executed shared parking agreement.

cccccccccccccccc. Residential Parking for Mixed-Use Development. The requirements set forth within this section shall apply to mixed-use developments with residential uses, or high-density residential development within the C-BB-SZ District.

(1) On-street parking spaces located along the portion of a public street(s) abutting the use may be counted toward the minimum number of parking spaces required by this ordinance. Those on-street parking spaces must be located on the same side(s) of the street as the use. In the event that any on-street parking that was allowed to count toward the minimum requirement is removed by the City, the existing use will not be required to make up the difference.

(2) The parking requirements (for new spaces) of the district may be met onsite or offsite at a distance of up to three hundred (300) feet from the permitted use.

dddddddddddddddd. Satellite Parking. Parking shall be required on site, except as provided in this section; however, the Board of Zoning Appeals may grant satellite parking to any mixed-use by Special Exception. At least part of such parking must be within three hundred (300) feet of the proposed use. A site development plan must accompany any such application for Special Exception and must include the following:



(3) A layout drawn to scale indicating aisles, driveways, entrances, exits, turn-off lanes, parking spaces, setbacks, drainage facilities, landscaping, lighting, pavement, and identification signs including location, size, and design.





eeeeeeeeeeeeeeee. Loading and Unloading. Uses, except those that do not receive or transport goods in quantity by truck delivery, shall be provided loading berths. Each loading and unloading berth must include a twelve (12)-foot by forty five (45)-foot loading space with a fourteen (14)-foot height clearance. No portion of the vehicle shall project into a street or alley, and no loading berth shall be located within twenty-five (25) feet of the nearest point of intersection of any two (2) streets, nor shall be located in a required front yard or side yard adjoining a street.

Figure RP: C-BB-SZ Loading Berth Requirements


Gross Floor Area



ffffffffffffffff. General Design for Nonresidential Parking.

(1) Nonresidential parking or loading areas along the street front should be minimized. When possible, parking or loading areas should be placed to the rear of the structure. All parking or loading areas shall be designed with appropriate means of movement and shall be so arranged that movement can proceed safely without posing a danger to pedestrians or other vehicles. No parking area shall be so designed as to require backing into a public street, public or private pedestrian access way, or from a public alley.










gggggggggggggggg. One walkway can serve as a collector for up to four rows of parking spaces.

hhhhhhhhhhhhhhhh. The walkway should be a minimum of four (4) feet wide, allowing an additional thirty (30) inches on each side for overhanging of vehicles.

iiiiiiiiiiiiiiii. All walkways should be constructed to be clearly defined through the use of material, landscaping, or other form of delineation.

(1) Any use that fronts upon and utilizes access to a primary or secondary arterial shall provide and utilize a common frontage or access lane for the purpose of access, parking, and loading.




jjjjjjjjjjjjjjjj. Entrances/Driveways




Figure SQ: C-BB-SZ Road Widths

ROAD CLASS/DISTRICT

REC / REC LAKE

R-SF

R-MD

R-HD

C-DB

C-BB INST I-

LIMI-HIM


FT 60 FT 60 FT

60 FT

60 FT 60 FT 70

FT80 FT


FT 50 FT 50 FT 50FT 50

FT 50 FT 60 FT

70 FT


FT 40 FT 40 FT

40 FT

40 FT 40 FT 50

FT60 FT

LOCAL STREET 30 FT 30 FT 30 FT 30

FT30 FT

30 FT 30 FT 40

FT50 FT

(2) Driveway width shall be a minimum of twenty-four (24) feet for uses in the C-BB-SZ District.

kkkkkkkkkkkkkkkk. Landscaping within Off-Street Parking Areas.


(2) Interior Parking Areas. Planting shall be established to break up the interior of all parking areas. Landscape planting islands shall be a minimum of eight (8) feet in width to ensure adequate room for planting. Interior landscaping shall be comprised of one (1) canopy tree and three (3) shrubs for every fifteen (15) parking spaces.





Landscaping


llllllllllllllll. Basic Standards. This section shall apply to new property development and any expansion of existing legally conforming sites or structures that exceeds thirty-five percent (35%) of the existing site or structure, except for single-family dwelling structures.


(2) All portions of the site where existing vegetative cover is damaged or removed, that are not otherwise covered with new improvements, shall be successfully re-vegetated with a mix of native, adaptive, and drought-tolerant grasses and ground covers. The density of the reestablished vegetation must be adequate to prevent soil erosion and invasion of weeds after one growing season.




(6) Landscaping shall be used to screen from view uses, such as trash enclosures, storage areas, mechanical equipment, loading docks, and similar items where such areas are visible from roads, sidewalks, or open space.

(7) Non-living ground cover may include decorative gravel, bark mulch, river rock or similar materials. Decorative elements, such as walks, decks, terraces, water features, and similar features may be included. Planting beds may not contain more than fifty percent (50%) non-living ground cover.


(9) Healthy trees, native vegetation, and natural or significant rock outcroppings and other valuable features shall be preserved and integrated within planting areas. Existing healthy trees and shrubs








iv. Shrubs and Vines. Shrubs shall be a minimum of one (1) foot in height at time of planting. Vines shall be in a minimum one (1)-gallon container.





mmmmmmmmmmmmmmmm. Surface Water. It shall be the responsibility of the owner of any lot or parcel of land developed for any use to provide for adequate surface water drainage. When possible, existing natural surface drainage may be utilized. Whenever the evidence available indicates that the natural surface drainage is inadequate, the owner shall provide the parcel with an adequate surface water system which shall be integrated into the drainage pattern of surrounding properties. When the surface drainage is adequate, an easement for such surface drainage shall be provided. On-site detention shall be required where necessary to prevent harm to adjoining properties.



nnnnnnnnnnnnnnnn. Drainage. Drainage swales (ditches) along dedicated roadways and within the right-of-way or on dedicated drainage easements are not to be altered, except for maintenance as originally constructed and as approved by the County Highway Department, the Lake County Drainage Board, City Street Department, or Indiana Department of Transportation. Driveways may be constructed over these or other approved structures as permitted by the appropriate agency.

oooooooooooooooo. Permanent Structures. No permanent structures other than a fence may be erected, and if erected in violation of this section, no such structure may be used if the location is within seventy-five (75) feet of the centerline of any legal tile ditch, or within seventy-five (75) feet of the existing top edge of any legal open ditch or tile unless approved by the Lake County Drainage Board and the Whiting Plan Commission.

pppppppppppppppp. Preservation of Natural/Historic Features. Existing natural and historic features that would add value to development of natural or manmade assets of the city, such as trees, streams, vistas, lakes, historical landmarks, and similar irreplaceable assets, shall be preserved through harmonious and careful design. Land to be developed shall be designed and improved as far as practical in conformity to existing topography in order to minimize stormwater runoff, and conserve the natural cover and soil.

qqqqqqqqqqqqqqqq. Cut/Fill Grade. No cut or fill grade shall exceed a slope of 3:1 or thirty-three and one-third (33 1/3) percent. This provision shall apply to all cuts and fills exceeding one hundred (100) square feet in exposed surface area, including cuts or fills on land naturally exceeding 3:1 in slope.

rrrrrrrrrrrrrrrr. Erosion Prevention. All land, regardless of slope, from which structures or natural cover has been removed or otherwise destroyed, shall be appropriately graded and seeded within a reasonable time of such activity to prevent erosion.

ssssssssssssssss. Alterations to Shoreline. No alteration of the shoreline or bed of a river or public lake shall be made until written approval is obtained from the Indiana Department of Natural Resources, and the provisions of this ordinance are complied with. Alterations include, among other things, filling of a river or wetlands, dredging of a riverbed, and ditch excavation within one-half ( 1/2) mile of a water body.

tttttttttttttttt. Hazardous Waste. All development must be in compliance with IC Title 7, as amended, as it relates to hazardous waste, low level nuclear waste, underground storage tanks, waste tires, and other applicable ordinances of said Title.

uuuuuuuuuuuuuuuu. Environmental Quality. All development must be in compliance with IC Title 13, as amended, as it relates to air pollution control, water pollution control, solid waste management, and other applicable ordinances of said Title.

vvvvvvvvvvvvvvvv. Waste Disposal. No waste materials such as garbage, rubbish, gasoline, oil, flammables, soils, tars, chemicals, greases, industrial or



agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity, or temperature so as to contaminate, pollute, or harm the waters shall be deposited, located, stored, or discharged on any lot in a way that would be likely to run off, seep, or wash into surface or groundwaters.

wwwwwwwwwwwwwwww. Fuel Storage. No highly flammable or explosive liquids, solids, or gases specified by the State Fire Marshal shall be stored in bulk above ground, except tanks or drums of fuel connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel except for permitted uses in I-HIM-SZ District.

xxxxxxxxxxxxxxxx. Debris/Refuse. Debris and refuse shall not accumulate on any property, in any zoning district.

yyyyyyyyyyyyyyyy. Treatment of Fill. Bricks, concrete, lumber, and other material used for fill where permitted by this ordinance and/or by the IDEM, DNR, or other governmental agency, shall be promptly covered and seeded.

zzzzzzzzzzzzzzzz. View Requirements. Where a proposed structure will eliminate more than fifty percent of an adjacent structure's view or exposure to the sun, an additional yard area setback may be required by the Zoning Administrator so that the fifty percent (50%) view or exposure may be maintained.

aaaaaaaaaaaaaaaaa. Health and Safety. No use shall be permitted that is injurious in health and safety of humans, animals, or vegetation, or that is noxious by reason of the emission of odor, visual pollution, or other undesirable nuisances that effects extend beyond the lot line where the use exists.



bbbbbbbbbbbbbbbbb. Sidewalks may be placed within required setbacks.

ccccccccccccccccc. Sidewalks must meet and connect with sidewalks on adjoining properties. The Zoning Administrator can, and may require changes to sidewalk placement to meet this requirement.

ddddddddddddddddd. Sidewalks shall remain the property of the property owner, who shall be responsible for maintenance and upkeep of sidewalks at all times.

eeeeeeeeeeeeeeeee. Sidewalks shall be maintained at all times to meet accessibility requirements of the Americans with Disabilities Act.

fffffffffffffffff. Sidewalks shall have a maximum slope of five percent (5%), be a minimum of five (5) feet wide with a four (4)-inch surface thickness and six (6)-inch compacted aggregate base.

ggggggggggggggggg. Sidewalks shall be maintained at all times to be passable. This includes:





hhhhhhhhhhhhhhhhh. Shared-use paths. A shared-use path may replace the sidewalk requirement where a City approved shared-use path exists or is planned.



Low-Impact Manufacturing I-LIM-SZPurpose and Description

The Low-Impact Manufacturing Special Zone (I-LIM-SZ) District designates areas for the development and expansion of light industrial, manufacturing, and wholesale business establishments that are clean, quiet, and free of hazardous or objectionable elements and operate primarily within enclosed buildings.

Permitted Uses

iiiiiiiiiiiiiiiii. No building in this District hereafter shall be constructed, altered, converted, or used in whole or in part except for:




(4) Building Construction

(5) Contractors

(6) Apparel Manufacturing

(7) Machine Shops

(8) Welding Shops

(9) Micro-Breweries

(10) Micro-wineries

(11) Wholesale Distribution

(12) Automobile Dealers, New & Used Cars

(13) Recreational Vehicle Dealers

(14) Motorcycle, ATV, and Personal Watercraft Dealers

(15) Boat Dealers

(16) Automotive Parts and Accessories Stores

(17) Tire Stores





(22) Home Centers






(26) Supermarkets and Other Grocery (except Convenience) Stores

(27) Convenience Stores

(28) Fabric Shops

(29) Meat Markets












(41) Shoe Stores

(42) Jewelry Stores




(46) Tackle Shops

(47) Book Stores


(49) Florists

(50) Bakery

(51) Antique Shops


(53) Gift Stores

(54) Used Merchandise Stores


(56) Urban Transit Systems




(58) Taxi Service

(59) Scenic and Sightseeing Transportation

(60) Postal Service

(61) Couriers and Messengers

(62) Warehousing and Internal Storage




(66) Broadcasting (transmission towers)





(71) Car Rental

(72) Truck, Utility Trailer and RV Rental








(80) Scientific Research and Development Services











(89) Tour Operators


(91) Locksmiths

(92) Exterminators and Pest Control Services

(93) Janitorial Services

(94) Landscaping Services

(95) Carpet and Upholstery Cleaning Services













(108) Hospitals


(110) Group Homes per IC-12-28-4



(113) Public Park

(114) Amusement and Theme Parks

(115) Golf Courses/Driving Ranges and Country Clubs (except miniature)

(116) Golf Driving Range

(117) Health Spa





(120) Billiard Rooms



(123) Fast Food Restaurant with Drive-In


(125) Sidewalk Café






(131) Caterers



(134) Automotive Repair and Maintenance

(135) Automotive Body Shop

(136) Automotive Oil and Lubrication Shops

(137) Car Washes

(138) Electronic and Precision Equipment Repair and Maintenance

(139) Commercial and Industrial Machinery and Equipment Repair and Maintenance

(140) Home and Garden Equipment Repair and Maintenance



(143) Crematories

(144) Coin-operated Laundries



(147) Kennel












Special Exceptions

jjjjjjjjjjjjjjjjj. The following uses may be approved after filing of a special exception petition provided they follow all provisions for this district outlined by this Ordinance.

(1) Commercial Agriculture, Forestry, Fishing and Hunting


(3) Electric Power Transmission and Distribution

(4) Natural Gas Distribution

(5) Water Treatment and Distribution

(6) Above Ground Water Storage Tank

(7) Sewage Treatment Facilities


(9) Recycling Center

(10) Composting Center

(11) Freight Trucking

(12) Solid Waste Collection

(13) Paintball Recreation Facility





kkkkkkkkkkkkkkkkk. Accessory uses such as the following are authorized in the I-LIM-SZ District subject to the provisions of any and all recorded restrictive covenants running with the land:





(3) Curbs

(4) Driveways

(5) Lamp posts

(6) Name plates

(7) Parking space





(12) Walks

lllllllllllllllll. Accessory structures may not be erected before the construction of principal structures.

mmmmmmmmmmmmmmmmm. Accessory structures shall be clearly subordinate in height, area, bulk extent, and purpose to the primary structure and shall not exceed the required heights, setbacks, or area standards.


nnnnnnnnnnnnnnnnn. The Zoning Administrator shall determine whether or not accessory uses are permitted based on consistency of each use with the intent of the district in which it is located.

ooooooooooooooooo. The following accessory structures are permitted in the I-LIM-SZ District and require an Improvement Location Permit certifying that all applicable property development standards and requirements of the ordinance have been met.



ppppppppppppppppp. Accessory Dwelling Units. Accessory Dwelling Units are not permitted in the I-LIM-SZ District.



Development Standards Low Impact Manufacturing – I-LIM-SZ

Improvement StandardsMinimum lot size 1 acreMinimum lot width 100 feet Minimum front setback(measured from road centerline)

55 feet

Minimum side setback 25 feet Minimum side setback, abutting a residential district

60 feet

Minimum rear setback 25 feet Minimum rear setback, abutting a residential district

60 feet

Maximum building height 100 feetMaximum impervious surface 70 percent


qqqqqqqqqqqqqqqqq. A development plan review is required within this district as set forth in Section 8.0 Review and Approval of Development Plans of this ordinance.

rrrrrrrrrrrrrrrrr. Subdivision of land is permitted within this district. All subdivisions must follow requirements set forth in Section 6.0 Subdivision Control of this ordinance.

sssssssssssssssss. Sidewalks are required in this district.

ttttttttttttttttt. A centralized water and sewer system is required for this Zoning District. The applicant shall be required to connect to a public sewer system. An individual disposal system is prohibited in this zoning district.

uuuuuuuuuuuuuuuuu. Construction will be permitted across no more than five (5) contiguous lots provided that all of the following conditions are satisfied:




Building Standards

The purpose of building standards for the City is to establish uniform minimum standards for the occupancy to protect the health, welfare and safety of the public.

vvvvvvvvvvvvvvvvv. Minimum Standards. The following minimum standards shall apply to all primary structures within the City:






wwwwwwwwwwwwwwwww. The Building Standards above apply to new construction occurring after the date of the approval of this Zoning Ordinance. Legally established dwelling units existing prior to the adoption of this Zoning Ordinance shall be deemed to be legal, non-conforming uses.

Height Standards

xxxxxxxxxxxxxxxxx. No additional structure may be erected or changed to make its height greater than specified in the I-LIM-SZ Development Standards Table, except for the following:


(2) Water tower

yyyyyyyyyyyyyyyyy. Amateur Radio Towers. Amateur radio towers may exceed the permitted height regulations by up to ten (10) feet but cannot interfere with business interception

zzzzzzzzzzzzzzzzz. Small Wind Energy Conversion Systems. Small wind energy conversion systems may exceed the permitted height regulations by up to ten (10) feet in order to be within the appropriate wind pattern.

aaaaaaaaaaaaaaaaaa. Necessary Building Accessories. The following structural elements may exceed the permitted height standards of a building and/or structure by up to ten (10) feet:


(2) Water tanks

(3) Chimneys

(4) Fire towers

(5) Stair towers and



The following temporary uses shall be permitted in the I-LIM-SZ district subject to approval by the Zoning Administrator based on their decision that the use will accommodate the temporary needs of properties and land uses, ensure that temporary uses do not become permanent without proper examination, and do not detrimentally affect the health, welfare, safety, or morals of the neighborhood under consideration for such use.

bbbbbbbbbbbbbbbbbb. Construction buildings. Temporary structures and buildings incidental to construction work are permitted, but must be removed upon completion of the construction.

cccccccccccccccccc. Applicable Development Standards. Temporary structures must meet all development standards for a permanent accessory structure unless otherwise specified in this section.



dddddddddddddddddd. Temporary Structure Time Limits. Any temporary structure used for a permitted primary use may be permitted for up to one (1) year, unless otherwise specified by this Ordinance.

eeeeeeeeeeeeeeeeee. Permit Required. Permits may be issued for temporary structures or uses upon review by the Plan Commission. The following are general provisions that must be met before approval:







ffffffffffffffffff. Outdoor Sales, Display and Storage Standards. As used herein "outdoor sales" shall include "roadside sales" and "sidewalk sales" as defined in the definitions section. The regulation of each shall be accomplished as follows:








gggggggggggggggggg. All items for sale, signs, stands, or temporary structures associated with a roadside sale shall be stored in a secure and enclosed condition upon close of the sale each day or removed.

hhhhhhhhhhhhhhhhhh. A permitted roadside sale may be conducted only between the hours of sunrise and sunset.

Bulk Storage

iiiiiiiiiiiiiiiiii. Structures, buildings, or above-ground tanks used for bulk storage of flammable or explosive liquids, gases or other materials shall not be closer than fifty (50) feet to the property line.

jjjjjjjjjjjjjjjjjj. Additional information regarding evidence of safety measures may be required to the Plan Commission in order to determine the public safety therein.

Lighting

Outdoor lighting, where provided, shall be of a design and size that is harmonious with the design of the building, the type of land use, and the type of adjacent land uses subject to the following standards. All areas containing outdoor lighting, including but not limited to floodlighting, security, street, or parking lot lighting shall comply with the requirements of this section.

kkkkkkkkkkkkkkkkkk. Shielded Lighting. All areas containing outdoor lighting shall limit light spoilage onto adjacent property, when measured at any point along a property line. Compliance shall be achieved by utilizing fixture shielding, directional control designed into fixtures, fixture location, height, or aim, or a combination of these or other factors.

llllllllllllllllll. Installation. All lighting installations shall be designed and installed to be fully shielded (full cutoff), with the exceptions below. In residential areas, light should be shielded such that the lamp itself or the lamp image is not directly visible outside the property perimeter.












mmmmmmmmmmmmmmmmmm. Electrical Service. The electrical service to all outdoor lighting fixtures shall be underground, unless affixed to a building.

nnnnnnnnnnnnnnnnnn. Lamps. The source of the actual light shall be halogen, metal halide, or other type that ensures true-color at night.

oooooooooooooooooo. Height Limitations. Light sources that exceed twenty-five (25) feet in height shall not be allowed, except:



pppppppppppppppppp. Exceptions. The following are exempt from the ordinance:



Parking and Loading

The purpose of this section is to reduce traffic problems and hazards. Uses permitted within the I-LIM-SZ District shall be required to include off street parking. Off-street parking spaces within the I-LIM-SZ District shall be used only for the parking of vehicles of occupants, patrons, visitors or employees and shall not be used for any kind of loading, sales, servicing or continuous storage of vehicles for more than 48 hours. Spaces allotted to loading berths and loading areas shall not be used to satisfy parking space requirements.

qqqqqqqqqqqqqqqqqq. Nonconforming Parking, Enlargement, or Alteration of Existing Structures.


(2) For any nonconforming use which is hereafter damaged or partially destroyed, and that is lawfully reconstructed, reestablished, or repaired, parking and loading facilities equivalent to those maintained at the time of such damage or partial destruction shall be restored and continued in operation, provided, however, it is not necessary to restore or maintain parking or loading facilities in excess of those required by this ordinance for equivalent new uses.

(3) When the intensity of use of any building, structure, or premises shall be increased through the addition of dwelling units, floor area, beds, seating capacity, or other unit of measurement, parking and



loading facilities shall be provided for such increase in intensity of use.



rrrrrrrrrrrrrrrrrr. Design Flexibility.

(1) All off street parking within the I-LIM District shall be located within the rear or side yard


ssssssssssssssssss. Parking Space Dimensions.






tttttttttttttttttt. The length for the right angle, sixty (60)-degree and forty-five (45)-degree parking space shall be measured at right angles to the edge of usable parking area forming the angles, exclusive of passageway.

uuuuuuuuuuuuuuuuuu. All uses that are required to provide accessible parking areas shall be required to provide the minimum number of accessible parking spaces required for said use; show the proposed dimensions and location of all such accessible parking spaces on all site plans, plats, and other plans which will be reviewed by the Plan Commission or Board of Zoning Appeals; and comply with all appropriate parking, traffic, safety, and accessibility codes

vvvvvvvvvvvvvvvvvv. Parking isle widths shall conform to the following table



Figure TR: I-LIM-SZ Parking Isle Widths


Right Angle - 90 Degree 24 feet, two way

60 Degree 18 feet, one way


Accessible Refer to ADA Guidelines



(3) Driveways shall be a minimum ten (10) feet for 1-way traffic and eighteen (18) feet for 2-way traffic, except that a ten (10) foot driveway is permissible for 2-way traffic when the driveway is not longer than fifty (50) feet and provides access to a maximum of five (5) parking spaces.

wwwwwwwwwwwwwwwwww. Required Parking Spaces.






xxxxxxxxxxxxxxxxxx. Joint Use. Nonresidential uses, within the same and/or separate structures, may provide joint parking provided the total number of spaces is not less than the sum of requirements for the various uses. To the extent that developments with joint parking operate at different times, such parking spaces may be credited to both uses. The zoning



administrator may require proof of an executed shared parking agreement.

yyyyyyyyyyyyyyyyyy. Satellite Parking. Parking shall be required on site, except as provided in this section; however, the Board of Zoning Appeals may grant satellite parking to any mixed use by Special Exception. At least part of such parking must be within three hundred (300) feet of the proposed use. A site development plan must accompany any such application for Special Exception and must include the following:



(3) A layout drawn to scale indicating aisles, driveways, entrances, exits, turn-off lanes, parking spaces, setbacks, drainage facilities, landscaping, lighting, pavement, and identification signs including location, size and design.



zzzzzzzzzzzzzzzzzz. Loading and Unloading. Uses, except those that do not receive or transport goods in quantity by truck delivery, shall be provided loading berths. Each loading and unloading berth must include a twelve (12) foot by forty five (45) foot loading space with a fourteen (14) foot height clearance. No portion of the vehicle shall project into a street or alley, and no loading berth shall be located within twenty-five (25) feet of the nearest point of intersection of any two (2) streets, nor shall be located in a required front yard or side yard adjoining a street.

Figure US: I-LIM-SZ Loading Berth Requirements




aaaaaaaaaaaaaaaaaaa. General Design for Nonresidential Parking.











bbbbbbbbbbbbbbbbbbb. One walkway can serve as a collector for up to four (4) rows of parking spaces.

ccccccccccccccccccc. The walkway should be a minimum of four (4) feet wide, allowing an additional thirty (30) inches on each side for overhanging of vehicles.

ddddddddddddddddddd. All walkways should be constructed to be clearly defined through the use of material, landscaping or other form of delineation.







eeeeeeeeeeeeeeeeeee. Entrances/Driveways


Figure VT: I-LIM-SZ Road Widths

ROAD CLASS/DISTRICT

REC / REC

LAKER-

SF R-

MD R-

HD C-

DB C-

BB INST

I-

LIM I-

HIM


FT 60 FT

60 FT

60 FT

60 FT

60 FT

70 FT

80 FT


FT 50 FT

50 FT

50FT

50 FT

50 FT

60 FT

70 FT


FT 40 FT

40 FT

40 FT

40 FT

40 FT

50 FT

60 FT


30 FT

30 FT

30 FT

30 FT

30 FT

40 FT

50 FT

(2) Driveway width shall be a minimum of thirty-four (34) feet for uses in the I-LIM-SZ District.

fffffffffffffffffff. Landscaping within Off-Street Parking Areas.


(2) Interior Parking Areas. Planting shall be established to break up the interior of all parking areas. Landscape planting islands shall be a minimum of eight (8) feet in width to ensure adequate room for planting. Interior landscaping shall be comprised of one canopy tree and three shrubs for every fifteen (15) parking spaces.





Landscaping


ggggggggggggggggggg. Basic Standards. This section shall apply to new property development and any expansion of existing legally conforming sites or structures that exceeds thirty-five percent (35%) of the existing site or structure.


(2) All portions of the site where existing vegetative cover is damaged or removed, that are not otherwise covered with new improvements, shall be successfully re-vegetated with a mix of native, adaptive, and drought-tolerant grasses and ground covers. The density of the reestablished vegetation must be adequate to prevent soil erosion and invasion of weeds after one growing season.




(6) Landscaping shall be used to screen from view uses, such as trash enclosures, storage areas, mechanical equipment, loading docks, and similar items where such areas are visible from roads, sidewalks, or open space.


(8) All plants used for landscaping shall be compatible with the local climate and the soils, drainage and water conditions of the site.



When planting occurs on hillsides, slopes, drainage ways or similar natural areas, plant material should duplicate adjacent plant communities both in species composition and special distribution patterns. Whenever possible, drought-resistant varieties of plant materials shall be utilized.











hhhhhhhhhhhhhhhhhhh. Surface Water. It shall be the responsibility of the owner of any lot or parcel of land developed for any use to provide for adequate surface water drainage. When possible, existing natural surface drainage may



be utilized. Whenever the evidence available indicates that the natural surface drainage is inadequate, the owner shall provide the parcel with an adequate surface water system which shall be integrated into the drainage pattern of surrounding properties. When the surface drainage is adequate, an easement for such surface drainage shall be provided. On-site detention shall be required where necessary to prevent harm to adjoining properties.

iiiiiiiiiiiiiiiiiii. Drainage. Drainage swales (ditches) along dedicated roadways and within the right-of-way or on dedicated drainage easements are not to be altered, except for maintenance as originally constructed and as approved by the County Highway Department, the Lake County Drainage Board, City Street Department, or Indiana Department of Transportation. Driveways may be constructed over these or other approved structures as permitted by the appropriate agency.

jjjjjjjjjjjjjjjjjjj. Permanent Structures. No permanent structures other than a fence may be erected, and if erected in violation of this section, no such structure may be used if the location is within seventy-five (75) feet of the centerline of any legal tile ditch, or within seventy-five (75) feet of the existing top edge of any legal open ditch or tile unless approved by the Lake County Drainage Board and the Whiting Plan Commission.

kkkkkkkkkkkkkkkkkkk. Preservation of Natural/Historic Features. Existing natural and historic features that would add value to development of natural or manmade assets of the city, such as trees, streams, vistas, lakes, historical landmarks, and similar irreplaceable assets, shall be preserved through harmonious and careful design. Land to be developed shall be designed and improved as far as practical in conformity to existing topography in order to minimize stormwater runoff and conserve the natural cover and soil.

lllllllllllllllllll. Cut/Fill Grade. No cut or fill grade shall exceed a slope of 3:1 or thirty-three and one-third (33 1/3) percent. This provision shall apply to all cuts and fills exceeding one hundred (100) square feet in exposed surface area, including cuts or fills on land naturally exceeding 3:1 in slope.

mmmmmmmmmmmmmmmmmmm. Erosion Prevention. All land, regardless of slope, from which structures or natural cover has been removed or otherwise destroyed, shall be appropriately graded and seeded within a reasonable time of such activity to prevent erosion.

nnnnnnnnnnnnnnnnnnn. Alterations to Shoreline. No alteration of the shoreline or bed of a river or public lake shall be made until written approval is obtained from the Indiana Department of Natural Resources, and the provisions of this ordinance are complied with. Alterations include, among other things, filling of a river or wetlands, dredging of a riverbed, and ditch excavation within one-half (1/2) mile of a water body.

ooooooooooooooooooo. Hazardous Waste. All development must be in compliance with IC Title 7, as amended, as it relates to hazardous waste, low-level nuclear



waste, underground storage tanks, waste tires, and other applicable ordinances of said Title.

ppppppppppppppppppp. Environmental Quality. All development must be in compliance with IC Title 13, as amended, as it relates to air pollution control, water pollution control, solid waste management, and other applicable ordinances of said Title.

qqqqqqqqqqqqqqqqqqq. Waste Disposal. No waste materials such as garbage, rubbish, gasoline, oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity, or temperature so as to contaminate, pollute, or harm the waters shall be deposited, located, stored, or discharged on any lot in a way that would be likely to run off, seep, or wash into surface or groundwaters.

rrrrrrrrrrrrrrrrrrr. Fuel Storage. No highly flammable or explosive liquids, solids, or gases specified by the State Fire Marshal shall be stored in bulk above ground, except tanks or drums of fuel connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel except for permitted uses in an I-HIM-SZ District..

sssssssssssssssssss. Debris/Refuse. Debris and refuse shall not accumulate on any property, in any zoning district.

ttttttttttttttttttt. Treatment of Fill. Bricks, concrete, lumber, and other material used for fill where permitted by this ordinance and/or by the IDEM, DNR, or other governmental agency, shall be promptly covered and seeded.

uuuuuuuuuuuuuuuuuuu. View Requirements. Where a proposed structure will eliminate more than fifty percent (50%) of an adjacent structure's view or exposure to the sun, an additional yard area setback may be required by the Zoning Administrator so that the fifty percent (50%) view or exposure may be maintained.

vvvvvvvvvvvvvvvvvvv. Health and Safety. No use shall be permitted that is injurious in health and safety of humans, animals, or vegetation, or which is noxious by reason of the emission of odor, visual pollution, or other undesirable nuisances that effects extend beyond the lot line where the use exists.



wwwwwwwwwwwwwwwwwww. Sidewalks may be placed within required setbacks.

xxxxxxxxxxxxxxxxxxx. Sidewalks must meet and connect with sidewalks on adjoining properties. The Zoning Administrator can, and may, require changes to sidewalk placement to meet this requirement.

yyyyyyyyyyyyyyyyyyy. Sidewalks shall remain the property of the property owner, who shall be responsible for maintenance and upkeep of sidewalks at all times.



zzzzzzzzzzzzzzzzzzz. Sidewalks shall be maintained at all times to meet accessibility requirements of the Americans with Disabilities Act.

aaaaaaaaaaaaaaaaaaaa. Sidewalks shall have a maximum slope of five percent (5%), be a minimum of five (5) feet wide with a four (4)-inch surface thickness and six (6)-inch compacted aggregate base.

bbbbbbbbbbbbbbbbbbbb. Sidewalks shall be maintained at all times to be passable. This includes:



cccccccccccccccccccc. Shared-use paths. A shared-use path may replace the sidewalk requirement where a City approved shared-use path exists or is planned.

Industrial Performance Standards

dddddddddddddddddddd. General. No Light Industrial use shall be located within the jurisdiction of the Whiting Advisory Plan Commission that is injurious to the health or safety of humans or animals, injurious to vegetation, or that is noxious or offensive, by reason of the omission of smoke, particulate matter, dust, odor, gas and fumes, glare, vibration or noise and sound beyond the confines of the building in which such industry is conducted.

eeeeeeeeeeeeeeeeeeee. Exceptions. The restrictions of this section shall not apply to:

(1) The activities of site preparation or construction, maintenance, repair, alteration, modification, or improvement of buildings.

(2) The operation of motor vehicles or other facilities for the transportation of personnel, materials, or products.

(3) Conditions beyond the control of the user such as fire, explosion, accidents, failure or breakdown, or equipment or facilities of emergencies.

(4) Safety or emergency warning signals or alarms necessary for the protection of life, limb, or property

(5) Processes for which there are no known means of control. Research shall be promptly conducted to discover methods of control leading to installation of corrective equipment.

ffffffffffffffffffff. Interpretation. For the purpose of this section, certain terms and words shall be interpreted and defined as follows:

(1) DECIBEL. A unit of measurement of the intensity or loudness of sound. Sound level meters are used to measure such intensities and are calibrated in decibels.

(2) FLASH POINT. The lowest temperature at which a combustible liquid under prescribed conditions will give off a flammable vapor that will burn momentarily using the closed cup method.



(3) FREE BURNING. A rate of combustion described by a material that burns actively and easily supports combustion.

(4) INTENSE BURNING. A rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly.

(5) MODERATE BURNING. A rate of combustion described by a material that supports combustion and is consumed slowly as it burns.

(6) PARTICULATE MATTER. Finely divided liquid or solid material is discharged and carried along in the air.

(7) RINGELMANN NUMBER. The number of the area on the Ringelmann chart that most nearly matches the light-obscuring capacity of smoke. The Ringelmann chart is described in the U.S. Bureau of Mines Information Circular 6888, on which are illustrated graduated shades of gray for use in estimating smoke density. Smoke below the density of Ringelmann No. 1 shall be considered no smoke or Ringelmann No. 0.

(8) SLOW BURNING OR INCOMBUSTIBLE. Materials that do not in themselves constitute an active fuel for the spread of combustion. A material that will not ignite, nor actively support combustion during an exposure for five (5) minutes to a temperature of one thousand two hundred (1,200) degrees F.

(9) SMOKE. Small gas-borne particles resulting from incomplete combustion, consisting predominantly of carbon and other incombustible material, excluding metallurgical fume and dust, and present in sufficient quantity to be observable independently or the presence of other solids.

(10) VIBRATION. Oscillatory motion transmitted through the ground.

gggggggggggggggggggg. Application. The following general performance standards shall apply to all Light industrial uses:

(1) SMOKE. In any twenty-four (24) hour period, visible emissions and malfunctions shall not exceed forty (40) percent of No. 2 of the Ringelmann's Scale for more than an accumulated fifteen (15) minutes.

(2) DUST. No dust of any kind produced by the industrial operations shall be permitted to escape beyond the confines of the building in which it is produced.

(3) ODOR. No noxious odor of any kind shall be permitted to extent beyond the lot lines.

(4) GASES AND FUMES. No gases or fumes, toxic to persons or injurious to property shall be permitted to escape beyond the building in which they occur.



(5) GLARE. No bright dazzling light produced by the industry shall be seen from any street or any residential area.

(6) WATER POLLUTION. No industrial operation or activity shall discharge, or cause to be discharged, liquid or solid wastes into public waters unless in conformance with the provisions of the Stream Pollution Control Law of the State of Indiana (Ordinance 214, Acts of 1943, as amended) and the regulations promulgated thereunder. Plans and specifications for proposed sewage and industrial waste treatment and disposal facilities shall be submitted to and approval obtained from the Stream Pollution Control Board of the State of Indiana.

(7) FIRE HAZARDS. The storage, utilization or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted. The storage, utilization or manufacture of flammable liquids or gases which produce flammable or explosive vapors, shall be permitted in accordance with State and Federal statutes and regulations.

hhhhhhhhhhhhhhhhhhhh. PARTICULATE MATTER.

(1) Boiler-Generated. No particulate matter from a flue or stack leading from a boiler shall exceed .8 pounds per million BTU's.

(2) Foundry-Generated. No particulate matter resulting from a foundry process shall exceed the following:



Figure WU: I-LIM-SZ Particulate Matter

Rate of Process(Pounds Per Hour)

Pounds of ParticulateMatter Per Hour

1,000 3.00 2,000 4.70 3,000 6.35 4,000 8.00 5,000 9.65 6,000 11.30 7,000 12.90 8,000 14.00 9,000 15.50 10,000 16.65 12,000 18.70 16,000 21.60 18,000 22.80 20,000 24.00 30,000 30.00 40,000 36.00 50,000 42.00 60,000 48.00 70,000 49.00 80,000 50.50 90,000 51.60 100,000 52.60

(3) Incinerator-Generated. No particulate matter resulting from an incinerator with a capacity to process two hundred (200) or less pounds per hour shall exceed .3 pounds per thousand pounds of dry gas at standard conditions. All other incinerators shall not exceed five (5) pounds per one thousand (1,000) pounds of dry gas at standard conditions. Further, all incinerators shall have a primary and secondary combustion chamber.

(4) All other processes. For all other processes, no particulate matter from any stack or flue shall exceed a level determined by the following formulae:



Figure XV: I-LIM-SZ Particulate Matter Formula

Process under 60,000 pounds per hour .67 E = 4.1P

Process over 60,000 pounds per hour .11 E = 55P – 4P

(5) Where:

E = Rate of emissions in pounds per hour

P = Rate of process in pounds per hour

iiiiiiiiiiiiiiiiiiii. EXPLOSIVE MATERIALS. No activity involving the storage, utilization, or manufacture of materials or products, which decompose by detonation, shall be permitted unless specifically licensed by the Council. Such activity shall be conducted in accordance with the rules promulgated by the State Fire Marshal and the State Administrative Building Council. Such materials shall include, but are not limited to, all primary explosives, such as lead azide, lead styphnate, fulminated, and tetracene; all high explosives such as TNT, RDX, HMX, PETN, and picric acid; propellants and components thereof; such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate, and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetylides, tetrazoles, and ozonides; strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorates, chlorates, and hydrogen peroxide in concentrations greater than thirty-five (35) percent; and nuclear fuels, fissionable materials and products, and reactor elements such as Uranium 235 and Plutonium 239.

jjjjjjjjjjjjjjjjjjjj. If the state or federal government shall adopt more restrictive environmental controls, those requirements shall apply to the provisions of this ordinance.



High-Impact Manufacturing Special Zone I-HIM-SZPurpose and Description

The High Impact Manufacturing Special Zone (I-HIM-SZ) District designates areas for the development and expansion of heavy industrial, manufacturing, and wholesale business establishments, which are clean, quiet, and free of hazardous or objectionable elements and operate either as open uses or within enclosed buildings.

Permitted Uses

kkkkkkkkkkkkkkkkkkkk. No building in this District hereafter shall be constructed, altered, converted, or used in whole or in part except for:









(9) Building Construction

(10) Contractors

(11) Food Manufacturing

(12) Beverage Manufacturing

(13) Textile Mills

(14) Apparel Manufacturing

(15) Wood Product Manufacturing

(16) Paper and Printing Manufacturing

(17) Refineries

(18) Chemical Manufacturing

(19) Cement and Concrete Product Manufacturing

(20) Machine Shops

(21) Welding Shops

(22) Micro-Breweries

(23) Micro-wineries

(24) Wholesale Distribution









(31) Truck Stops


(33) Water Freight Transportation

(34) Freight Trucking

(35) Urban Transit Systems


(37) Pipeline Transportation

(38) Pipeline Pumping Station

(39) Scenic and Sightseeing Transportation

(40) Postal Service

(41) Warehousing and External Storage

















(56) Hospitals

(57) Public Park

(58) Sidewalk Café



(61) Commercial and Industrial Machinery and Equipment Repair and Maintenance

(62) Crematories







Special Exceptions

llllllllllllllllllll. The following uses may be approved after filing of a special exception petition provided they follow all provisions for this district outlined by this Ordinance.

(1) Commercial Agriculture, Forestry, Fishing and Hunting

(2) Oil and Gas Extraction

(3) Mining


(5) Electric Power Generation - Non-emergency

(6) Electric Power Transmission and Distribution

(7) Natural Gas Distribution


(9) Adult Oriented Businesses

(10) Junkyard

(11) Air Transportation

(12) Solid Waste Collection

(13) Hazardous Waste Collection

(14) Hazardous Waste Treatment and Disposal



(15) Solid Waste Landfill

(16) Solid Waste Combustors and Incinerators

(17) Racetracks

(18) Paintball Recreation Facility

(19) Video Arcades

(20) Casinos



(23) Archery Ranges/Firearm Target (Outdoor)



mmmmmmmmmmmmmmmmmmmm. Accessory uses such as the following are authorized in the I-HIM-SZ District subject to the provisions of any and all recorded restrictive covenants running with the land:



(3) Curbs

(4) Driveways

(5) Lamp posts

(6) Name plates

(7) Parking space





(12) Walks

nnnnnnnnnnnnnnnnnnnn. Accessory structures may not be erected before the construction of principal structures.

oooooooooooooooooooo. Accessory structures shall be clearly subordinate in height, area, bulk extent, and purpose to the primary structure and shall not exceed the required heights, setbacks, or area standards.

(1) Accessory structures shall meet all setback requirements of the zoning district and shall not encroach on any platted easement except for driveways, retaining walls, trees, shrubs, plants, curbs, walks, or public utility installations..



pppppppppppppppppppp. The Zoning Administrator shall determine whether or not accessory uses are permitted based on consistency of each use with the intent of the district in which it is located.

qqqqqqqqqqqqqqqqqqqq. The following accessory structures are permitted in the I-HIM-SZ District and require an Improvement Location Permit certifying that all applicable property development standards and requirements of the ordinance have been met.

(1) Buildings such as garages, carports, enclosed patios, bath houses, gazebos, cabanas, greenhouses, storage sheds, stables, and other structures over one hundred (100) square feet in area.


rrrrrrrrrrrrrrrrrrrr. Accessory Dwelling Units. Accessory Dwelling Units are not permitted in the I-HIM-SZ District.

Development Standards High Impact Manufacturing – I-HIM-SZ

Improvement StandardsMinimum lot size 5 acresMinimum lot width 100 feetMinimum front setback(measured from road centerline)

55 feet

Minimum side setback, abutting a residential district

100 feet

Minimum side setback (all other) 60 feetMinimum rear setback, abutting a residential district

100 feet

Minimum rear setback (all other) 60 feetMaximum building height 100 feetMaximum impervious surface coverage 70 percent


ssssssssssssssssssss. A development plan review is required within this district as set forth in Section 8.0 Review and Approval of Development Plans of this ordinance.

tttttttttttttttttttt. Subdivision of land is permitted within this district. All subdivisions must follow requirements set forth in Section 6.0 Subdivision Control of this ordinance.

uuuuuuuuuuuuuuuuuuuu. Sidewalks are required in this district.

vvvvvvvvvvvvvvvvvvvv. A centralized water and sewer system is required for this Zoning District. The applicant shall be required to connect to a public sewer system. An individual disposal system is prohibited in this zoning district.

wwwwwwwwwwwwwwwwwwww. Construction will be permitted across no more than five (5) contiguous lots provided that all of the following conditions are satisfied:






Building Standards


xxxxxxxxxxxxxxxxxxxx. Minimum Standards. The following minimum standards shall apply to all primary structures within the City:




yyyyyyyyyyyyyyyyyyyy. The Building Standards above apply to new construction occurring after the date of the approval of this Zoning Ordinance. Legally established dwelling units existing prior to the adoption of this Zoning Ordinance shall be deemed to be legal, non-conforming uses.

Height Standards

zzzzzzzzzzzzzzzzzzzz. The maximum building height within this district shall be one hundred (100) feet

aaaaaaaaaaaaaaaaaaaaa. No additional structure may be erected or changed to make its height greater than specified in the I-HIM-SZ Development Standards Table, under Maximum Structure Height, except for the following:


(2) Water tower

bbbbbbbbbbbbbbbbbbbbb. Amateur Radio Towers. Amateur radio towers may exceed the permitted height regulations by up to ten (10) feet but cannot interfere with business interception

ccccccccccccccccccccc. Small Wind Energy Conversion Systems. Small wind energy conversion systems may exceed the permitted height regulations by up to ten (10) feet in order to be within the appropriate wind pattern.

ddddddddddddddddddddd. Necessary Building Accessories. The following structural elements may exceed the permitted height standards of a building and/or structure by up to ten (10) feet:


(2) Water tanks

(3) Chimneys

(4) Fire towers



(5) Stair towers and



The following temporary uses shall be permitted in the I-HIM-SZ district subject to approval by the Zoning Administrator based on their decision that the use will accommodate the temporary needs of properties and land uses, ensure that temporary uses do not become permanent without proper examination, and do not detrimentally affect the health, welfare, safety, or morals of the neighborhood under consideration for such use.

eeeeeeeeeeeeeeeeeeeee. Construction buildings. Temporary structures and buildings incidental to construction work are permitted, but must be removed upon completion of the construction.

fffffffffffffffffffff. Applicable Development Standards. Temporary structures must meet all development standards for a permanent accessory structure unless otherwise specified in this section.

ggggggggggggggggggggg. Temporary Structure Time Limits. Any temporary structure used for a permitted primary use may be permitted for up to one (1) year, unless otherwise specified by this Ordinance.

hhhhhhhhhhhhhhhhhhhhh. Permit Required. Permits may be issued for temporary structures or uses upon review by the Plan Commission. The following are general provisions that must be met before approval:

(1) Temporary uses and/or structures that seek extensions of the initial time limits established in this section may renew such permit for a use and/or structure in thirty (30)-consecutive-day increments upon review by the Zoning Administrator.






iiiiiiiiiiiiiiiiiiiii. Outdoor Sales, Display and Storage Standards. As used herein "outdoor sales" shall include "roadside sales" and "sidewalk sales" as defined in Section II of the Whiting Unified Zoning and Subdivision Control Ordinance. The regulation of each shall be accomplished as follows:

(1) General. An outdoor sale may be held up to two (2) times per calendar year, but no such sale shall be conducted for more than



three (3) consecutive days, except as otherwise authorized by the Whiting Board of Public Works and Safety.




(4) Roadside Sales. No sign, stand, structure, or other physical component of a roadside sale shall be placed within ten (10) feet of the curb or pavement edge.

jjjjjjjjjjjjjjjjjjjjj. All items for sale, signs, stands, or temporary structures associated with a roadside sale shall be stored in a secure and enclosed condition upon close of the sale each day or removed.

kkkkkkkkkkkkkkkkkkkkk. A permitted roadside sale may be conducted only between the hours of sunrise and sunset.

Bulk Storage

lllllllllllllllllllll. Structures, buildings, or above-ground tanks used for bulk storage of flammable or explosive liquids, gases or other materials shall not be closer than fifty (50) feet to the property line.

mmmmmmmmmmmmmmmmmmmmm. Additional information regarding evidence of safety measures may be required to the Plan Commission in order to determine the public safety therein.

Lighting


nnnnnnnnnnnnnnnnnnnnn. Shielded Lighting. All areas containing outdoor lighting shall limit light spoilage onto adjacent property, when measured at any point along a property line. Compliance shall be achieved by utilizing fixture shielding, directional control designed into fixtures, fixture location, height, or aim, or a combination of these or other factors.



ooooooooooooooooooooo. Installation. All lighting installations shall be designed and installed to be fully shielded (full cutoff), with the exceptions below. In residential areas, light should be shielded such that the lamp itself or the lamp image is not directly visible outside the property perimeter.


ppppppppppppppppppppp. Swimming pools, splash pads or water fountains

qqqqqqqqqqqqqqqqqqqqq. Exit signs and other illumination required by building codes

rrrrrrrrrrrrrrrrrrrrr. Lighting for stairs and ramps, as required by the building code

sssssssssssssssssssss. Signs regulated by the sign code, WMC Chapter 14.5 Sign Ordinance

ttttttttttttttttttttt. Holiday and temporary lighting (less than 45 days use in any one year).

uuuuuuuuuuuuuuuuuuuuu. Football, baseball, softball field, tennis court, playground, ice skating rink lighting, but only with permit from the Plan Commission recognizing that steps have been taken to minimize glare and light trespass, and utilize sensible curfews

vvvvvvvvvvvvvvvvvvvvv. Low-voltage landscape or pathway lighting


wwwwwwwwwwwwwwwwwwwww. Electrical Service. The electrical service to all outdoor lighting fixtures shall be underground, unless affixed to a building.

xxxxxxxxxxxxxxxxxxxxx. Lamps. The source of the actual light shall be halogen, metal halide, or other type that ensures true-color at night.

yyyyyyyyyyyyyyyyyyyyy. Height Limitations. Light sources wthat exceed twenty-five (25) feet in height shall not be allowed, except:



zzzzzzzzzzzzzzzzzzzzz. Exceptions. The following are exempt from the ordinance:



Parking and Loading

The purpose of this section is to reduce traffic problems and hazards. Uses permitted within the I-HIM-SZ District shall be required to include off-street parking. Off-street parking spaces within the I-HIM-SZ District shall be used only for the parking of vehicles of occupants, patrons, visitors, or employees and shall not be used for any kind of loading, sales, servicing or continuous storage of vehicles for more than 48 hours. Spaces allotted to loading berths and loading areas shall not be used to satisfy parking space requirements.

aaaaaaaaaaaaaaaaaaaaaa. Nonconforming Parking, Enlargement or Alteration of Existing Structures.








bbbbbbbbbbbbbbbbbbbbbb. Design Flexibility.

(1) All off-street parking within the I-HIM District shall be located within the rear or side yard

(2) Upon written request by the applicant, up to twenty five percent (25%) of the dedicated parking area may remain unpaved and in greenspace until such time as the need for maximum parking is determined. This decision and determination shall be at the discretion of the Plan Commission. Such greenspace shall not be counted toward required parking, landscaping or bufferyards.

cccccccccccccccccccccc. Parking Space Dimensions.








(2) The length for the right-angle, sixty (60)-degree, and forty-five (45)-degree parking space shall be measured at right angles to the edge of usable parking area forming the angles, exclusive of passageway.

(3) All uses that are required to provide accessible parking areas shall be required to provide the minimum number of accessible parking spaces required for said use; show the proposed dimensions and location of all such accessible parking spaces on all site plans, plats, and other plans that will be reviewed by the Plan Commission or Board of Zoning Appeals; and comply with all appropriate parking, traffic, safety, and accessibility codes.

(4) Parking isle widths shall conform to the following table.

Figure YW: I-HIM-SZ Parking Isle Widths





(7) Driveways shall be a minimum ten (10) feet for 1-way traffic and eighteen (18) feet for 2-way traffic, except that a ten (10) foot driveway is permissible for 2-way traffic when the driveway is not longer than fifty (50) feet and provides access to a maximum of five (5) parking spaces.

dddddddddddddddddddddd. Required Parking Spaces.


(2) In determination of required parking spaces, any fraction of less than one-half (1/2) shall be disregarded, while a fraction one half (1/2) or greater shall be counted as one parking space.

(3) For uses not specified in this section or in the instance requirements for an adequate number of spaces is unclear, the number of spaces shall be determined by the Zoning Administrator on the basis of similar requirements, the number of persons served



or employed and the capability of adequately serving the visiting public. Such determination may be reviewed by the Plan Commission or appealed to the Board of Zoning Appeals.



eeeeeeeeeeeeeeeeeeeeee. Joint Use. Nonresidential uses, within the same and/or separate structures, may provide joint parking provided the total number of spaces is not less than the sum of requirements for the various uses. To the extent that developments with joint parking operate at different times, such parking spaces may be credited to both uses. The zoning administrator may require proof of an executed shared parking agreement.

ffffffffffffffffffffff. Satellite Parking. Parking shall be required on site, except as provided in this section; however, the Board of Zoning Appeals may grant satellite parking to any mixed- use by Special Exception. At least part of such parking must be within three hundred (300) feet of the proposed use. A site development plan must accompany any such application for Special Exception and must include the following:



(3) A layout drawn to scale indicating aisles, driveways, entrances, exits, turn-off lanes, parking spaces, setbacks, drainage facilities, landscaping, lighting, pavement, and identification signs including location, size and design.



gggggggggggggggggggggg. Loading and Unloading. Uses, except those that do not receive or transport goods in quantity by truck delivery, shall be provided loading berths. Each loading and unloading berth must include a twelve (12)-foot by forty five (45)-foot loading space with a fourteen (14)-foot height clearance. No portion of the vehicle shall project into a street or alley and no loading berth shall be located within twenty-five (25) feet of the nearest point of intersection of any two (2) streets, nor shall be located in a required front yard or side yard adjoining a street.



Figure ZX: I-HIM-SZ Loading Berth Requirements

Minimum Number




hhhhhhhhhhhhhhhhhhhhhh. General Design for Nonresidential Parking.














(9) Any use that fronts upon and utilizes access to a primary or secondary arterial shall provide and utilize a common frontage or access lane for the purpose of access, parking, and loading.




iiiiiiiiiiiiiiiiiiiiii. Entrances/Driveways


Figure AAY: I-HIM-SZ Road Widths

ROAD CLASS/DISTRICT

REC / REC LAKE


PRIMARYARTERIAL 60 FT 60 FT 60 FT 60 FT 60 FT 60 FT 60 FT 70 FT 80 FT

SECONDARYARTERIAL 50 FT 50 FT 50 FT 50 FT 50FT 50 FT 50 FT 60 FT 70 FT

COLLECTOR (FEEDER) 40 FT 40 FT 40 FT 40 FT 40 FT 40 FT 40 FT 50 FT 60 FTLOCAL STREET 30 FT 30 FT 30 FT 30 FT 30 FT 30 FT 30 FT 40 FT 50 FT

(2) Driveway width shall be a minimum of thirty-four (34) feet for uses in the I-HIM-SZ District.

jjjjjjjjjjjjjjjjjjjjjj. Landscaping within Off-Street Parking Areas.

(1) All off-street parking areas containing fifteen (15) or more spaces shall be separated from all public or private street rights-of-way by a landscape screen that is a minimum of fifteen (15) feet in width.



Parking areas adjacent to other developed parcels shall require a planting area that is a minimum ten (10) feet in width. Landscape buffers may be achieved through the use of earthen berms, shrubs, trees, or other appropriate materials to effectively screen the parking area from the rights-of-way.




Landscaping


kkkkkkkkkkkkkkkkkkkkkk. Basic Standards. This section shall apply to new property development and any expansion of existing legally conforming sites or structures that exceeds thirty-five percent (35%) of the existing site or structure.








(6) Landscaping shall be used to screen from view uses, such as trash enclosures, storage areas, mechanical equipment, loading docks, and similar items where such areas are visible from roads, sidewalks or open space.

(7) Non-living ground cover may include decorative gravel, bark mulch, river rock, or similar materials. Decorative elements, such as walks, decks, terraces, water features, and similar features may be included. Planting beds may not contain more than fifty percent (50%) non-living ground cover.








(11) Clear vision areas shall be designated in compliance with applicable requirements of the Indiana Department of Transportation, and as otherwise deemed necessary for public health and safety. Plant materials shall be limited to thirty (30)



inches in height within the clear vision area to avoid visibility obstructions or blind corners at intersections




llllllllllllllllllllll. Surface Water. It shall be the responsibility of the owner of any lot or parcel of land developed for any use to provide for adequate surface water drainage. When possible, existing natural surface drainage may be utilized. Whenever the evidence available indicates that the natural surface drainage is inadequate, the owner shall provide the parcel with an adequate surface water system which shall be integrated into the drainage pattern of surrounding properties. When the surface drainage is adequate, an easement for such surface drainage shall be provided. On-site detention shall be required where necessary to prevent harm to adjoining properties.

mmmmmmmmmmmmmmmmmmmmmm. Drainage. Drainage swales (ditches) along dedicated roadways and within the right-of-way or on dedicated drainage easements are not to be altered, except for maintenance as originally constructed and as approved by the County Highway Department, the Lake County Drainage Board, City Street Department, or Indiana Department of Transportation. Driveways may be constructed over these or other approved structures as permitted by the appropriate agency.

nnnnnnnnnnnnnnnnnnnnnn. Permanent Structures. No permanent structures other than a fence may be erected, and if erected in violation of this section, no such structure may be used if the location is within seventy-five (75) feet of the centerline of any legal tile ditch, or within seventy-five (75) feet of the existing top edge of any legal open ditch or tile unless approved by the Lake County Drainage Board and the Whiting Plan Commission.

oooooooooooooooooooooo. Preservation of Natural/Historic Features. Existing natural and historic features that would add value to development of natural or manmade assets of the city, such as trees, streams, vistas, lakes, historical landmarks, and similar irreplaceable assets, shall be preserved through harmonious and careful design. Land to be developed shall be designed and improved as far as practical in conformity to existing topography in order to minimize stormwater runoff, and conserve the natural cover and soil.

pppppppppppppppppppppp. Cut/Fill Grade. No cut or fill grade shall exceed a slope of 3:1 or thirty-three and one-third (33 1/3) percent. This provision shall apply to all



cuts and fills exceeding one hundred (100) square feet in exposed surface area, including cuts or fills on land naturally exceeding 3:1 in slope.

qqqqqqqqqqqqqqqqqqqqqq. Erosion Prevention. All land, regardless of slope, from which structures or natural cover has been removed or otherwise destroyed, shall be appropriately graded and seeded within a reasonable time of such activity to prevent erosion.

rrrrrrrrrrrrrrrrrrrrrr. Alterations to Shoreline. No alteration of the shoreline or bed of a river or public lake shall be made until written approval is obtained from the Indiana Department of Natural Resources, and the provisions of this ordinance are complied with. Alterations include, among other things, filling of a river or wetlands, dredging of a riverbed, and ditch excavation within one-half ( 1/2) mile of a water body.

ssssssssssssssssssssss. Hazardous Waste. All development must be in compliance with IC Title 7, as amended, as it relates to hazardous waste, low level nuclear waste, underground storage tanks, waste tires, and other applicable ordinances of said Title.

tttttttttttttttttttttt. Environmental Quality. All development must be in compliance with IC Title 13, as amended, as it relates to air pollution control, water pollution control, solid waste management, and other applicable ordinances of said Title.

uuuuuuuuuuuuuuuuuuuuuu. Waste Disposal. No waste materials such as garbage, rubbish, gasoline, oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity, or temperature so as to contaminate, pollute, or harm the waters shall be deposited, located, stored, or discharged on any lot in a way that would be likely to run off, seep, or wash into surface or groundwaters.

vvvvvvvvvvvvvvvvvvvvvv. Fuel Storage. No highly flammable or explosive liquids, solids, or gases specified by the State Fire Marshal shall be stored in bulk above ground, except tanks or drums of fuel connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel except for permitted uses in an I-HIM-SZ District.

wwwwwwwwwwwwwwwwwwwwww. Debris/Refuse. Debris and refuse shall not accumulate on any property, in any zoning district.

xxxxxxxxxxxxxxxxxxxxxx. Treatment of Fill. Bricks, concrete, lumber, and other material used for fill where permitted by this ordinance and/or by the IDEM, DNR, or other governmental agency, shall be promptly covered and seeded.

yyyyyyyyyyyyyyyyyyyyyy. View Requirements. Where a proposed structure will eliminate more than fifty percent (50%) of an adjacent structure's view or exposure to the sun, an additional yard area setback may be required by the Zoning Administrator so that the fifty percent (50%) view or exposure may be maintained.



zzzzzzzzzzzzzzzzzzzzzz. Health and Safety. No use shall be permitted that is injurious in health and safety of humans, animals, or vegetation, or that is noxious by reason of the emission of odor, visual pollution, or other undesirable nuisances which effects extend beyond the lot line where the use exists.



aaaaaaaaaaaaaaaaaaaaaaa. Sidewalks may be placed within required setbacks.

bbbbbbbbbbbbbbbbbbbbbbb. Sidewalks must meet and connect with sidewalks on adjoining properties. The Zoning Administrator can, and may, require changes to sidewalk placement to meet this requirement.

ccccccccccccccccccccccc. Sidewalks shall remain the property of the property owner, who shall be responsible for maintenance and upkeep of sidewalks at all times.

ddddddddddddddddddddddd. Sidewalks shall be maintained at all times to meet accessibility requirements of the Americans with Disabilities Act.

eeeeeeeeeeeeeeeeeeeeeee. Sidewalks shall have a maximum slope of five percent (5%), be a minimum of five (5) feet wide with a four (4)-inch surface thickness and six (6)-inch compacted aggregate base.

fffffffffffffffffffffff. Sidewalks shall be maintained at all times to be passable. This includes:



ggggggggggggggggggggggg. Shared-use paths. A shared-use path may replace the sidewalk requirement where a City approved shared-use path exists or is planned.

Industrial Performance Standards

hhhhhhhhhhhhhhhhhhhhhhh. General. No Light Industrial use shall be located within the jurisdiction of the Whiting Advisory Plan Commission that is injurious to the health or safety of humans or animals, injurious to vegetation, or that is noxious or offensive, by reason of the omission of smoke, particulate matter, dust, odor, gas and fumes, glare, vibration, or noise and sound beyond the confines of the building in which such industry is conducted.

iiiiiiiiiiiiiiiiiiiiiii. Exceptions. The restrictions of this section shall not apply to:

(1) The activities of site preparation or construction, maintenance, repair, alteration, modification, or improvement of buildings.

(2) The operation of motor vehicles or other facilities for the transportation of personnel, materials, or products.



(3) Conditions beyond the control of the user such as fire, explosion, accidents, failure or breakdown, or equipment or facilities of emergencies.

(4) Safety or emergency warning signals or alarms necessary for the protection of life, and limb or property

(5) Processes for which there are no known means of control. Research shall be promptly conducted to discover methods of control leading to installation of corrective equipment.

jjjjjjjjjjjjjjjjjjjjjjj. Interpretation. For the purpose of this section, certain terms and words shall be interpreted and defined as follows:

(1) DECIBEL. A unit of measurement of the intensity or loudness of sound. Sound level meters are used to measure such intensities and are calibrated in decibels.

(2) FLASH POINT. The lowest temperature at which a combustible liquid under prescribed conditions will give off a flammable vapor that will burn momentarily using the closed cup method.

(3) FREE BURNING. A rate of combustion described by a material that burns actively and easily supports combustion.

(4) INTENSE BURNING. A rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly.

(5) MODERATE BURNING. A rate of combustion described by a material that supports combustion and is consumed slowly as it burns.

(6) PARTICULATE MATTER. Finely divided liquid or solid material that is discharged and carried along in the air.

(7) RINGELMANN NUMBER. The number of the area on the Ringelmann chart that most nearly matches the light-obscuring capacity of smoke. The Ringelmann chart is described in the U.S. Bureau of Mines Information Circular 6888, on which are illustrated graduated shades of gray for use in estimating smoke density. Smoke below the density of Ringelmann No. 1 shall be considered no smoke or Ringelmann No. 0.

(8) SLOW BURNING OR INCOMBUSTIBLE. Materials that do not in themselves constitute an active fuel for the spread of combustion. A material that will not ignite, nor actively support combustion during an exposure for five (5) minutes to a temperature of one thousand two hundred (1,200) degrees F.

(9) SMOKE. Small gas-borne particles resulting from incomplete combustion, consisting predominantly of carbon and other incombustible material, excluding metallurgical fume and dust, and present in sufficient quantity to be observable independently or the presence of other solids.



(10) VIBRATION. Oscillatory motion transmitted through the ground.

kkkkkkkkkkkkkkkkkkkkkkk. Application. The following general performance standards shall apply to all Light industrial uses:

(1) SMOKE. In any twenty-four (24) hour period, visible emissions and malfunctions shall not exceed forty (40) percent of No. 2 of the Ringelmann's Scale for more than an accumulated fifteen (15) minutes.

(2) DUST. No dust of any kind produced by the industrial operations shall be permitted to escape beyond the confines of the building in which it is produced.

(3) ODOR. No noxious odor of any kind shall be permitted to extent beyond the lot lines.

(4) GASES AND FUMES. No gases or fumes, toxic to persons, or injurious to property shall be permitted to escape beyond the building in which they occur.

(5) GLARE. No bright dazzling light produced by the industry shall be seen from any street or any residential area.

(6) WATER POLLUTION. No industrial operation or activity shall discharge, or cause to be discharged, liquid or solid wastes into public waters unless in conformance with the provisions of the Stream Pollution Control Law of the State of Indiana (Ordinance 214, Acts of 1943, as amended) and the regulations promulgated thereunder. Plans and specifications for proposed sewage and industrial waste treatment and disposal facilities shall be submitted to and approval obtained from the Stream Pollution Control Board of the State of Indiana.

(7) FIRE HAZARDS. The storage, utilization, or manufacture o, solid materials or products ranging from incombustible to moderate burning is permitted. The storage, utilization or manufacture of flammable liquids or gases that produce flammable or explosive vapors, shall be permitted in accordance with state and federal statutes and regulations.

lllllllllllllllllllllll. PARTICULATE MATTER.

(1) Boiler-Generated. No particulate matter from a flue or stack leading from a boiler shall exceed .8 pounds per million BTU's.

(2) Foundry-Generated. No particulate matter resulting from a foundry process shall exceed the following:



Figure BBZ: I-HIM-SZ Particulate Matter

Rate of Process(Pounds Per Hour)

Pounds of ParticulateMatter Per Hour

1,000 3.00 2,000 4.70 3,000 6.35 4,000 8.00 5,000 9.65 6,000 11.30 7,000 12.90 8,000 14.00 9,000 15.50 10,000 16.65 12,000 18.70 16,000 21.60 18,000 22.80 20,000 24.00 30,000 30.00 40,000 36.00 50,000 42.00 60,000 48.00 70,000 49.00 80,000 50.50 90,000 51.60 100,000 52.60

(3) Incinerator-Generated. No particulate matter resulting from an incinerator with a capacity to process two hundred (200) or less pounds per hour shall exceed .3 pounds per thousand pounds of dry gas at standard conditions. All other incinerators shall not exceed five (5) pounds per one thousand (1,000) pounds of dry gas at standard conditions. Further, all incinerators shall have a primary and secondary combustion chamber.

(4) All other processes. For all other processes, no particulate matter from any stack or flue shall exceed a level determined by the following formulae:



Figure CCAA: I-HIM-SZ Particulate Matter Formula

Process under 60,000 pounds per hour .67 E = 4.1P

Process over 60,000 pounds per hour .11 E = 55P – 4P

(5) Where:

E = Rate of emissions in pounds per hour

P = Rate of process in pounds per hour

mmmmmmmmmmmmmmmmmmmmmmm. EXPLOSIVE MATERIALS. No activity involving the storage, utilization or manufacture of materials or products, which decompose by detonation, shall be permitted unless specifically licensed by the Council. Such activity shall be conducted in accordance with the rules promulgated by the State Fire Marshal and the State Administrative Building Council. Such materials shall include, but are not limited to, all primary explosives such as lead azide, lead styphnate, fulminated, and tetracene; all high explosives such as TNT, RDX, HMX, PETN, and picric acid; propellants and components thereof; such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate, and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetylides, tetrazoles, and ozonides; strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorates, chlorates, and hydrogen peroxide in concentrations greater than thirty-five (35) percent; and nuclear fuels, fissionable materials and products, and reactor elements such as Uranium 235 and Plutonium 239.

nnnnnnnnnnnnnnnnnnnnnnn. If the state or federal government shall adopt more restrictive environmental controls, those requirements shall apply to the provisions of this ordinance.



Institutional INST-SZPurpose and Description

ooooooooooooooooooooooo. The Institutional Special Zone (INST-SZ) District is established to promote and regulate institutional uses with the primary purpose of serving the governmental, educational, health care, and social needs of the residents of Whiting.

Permitted Uses

ppppppppppppppppppppppp. No building in this District hereafter shall be constructed, altered, converted, or used in whole or in part except for:






(6) Postal Service





(11) Elementary Schools

(12) Secondary Schools












(24) Hospitals









(31) Spectator Sports

(32) Sports Teams and Clubs


(34) Museums

(35) Historical Sites

(36) Zoos and Botanical Gardens

(37) Public Park



(40) Billiard Rooms







(47) Caterers










Special Exceptions

qqqqqqqqqqqqqqqqqqqqqqq. The following uses may be approved after filing of a special exception petition provided they follow all provisions for this district outlined by this Ordinance.












rrrrrrrrrrrrrrrrrrrrrrr. Accessory uses such as the following are authorized in the INST-SZ District subject to the provisions of any and all recorded restrictive covenants running with the land:



(3) Curbs

(4) Driveways

(5) Lamp posts

(6) Name plates

(7) Parking space





(12) Walks

sssssssssssssssssssssss. Accessory structures may not be erected before the construction of principal structures.



ttttttttttttttttttttttt. Accessory structures shall be clearly subordinate in height, area, bulk extent, and purpose to the primary structure and shall not exceed the required heights, setbacks or area standards.

(1) Accessory structures shall meet all setback requirements of the zoning district and shall not encroach on any platted easement except for driveways, retaining walls, trees, shrubs, plants, curbs, walks, or public utility installations..

uuuuuuuuuuuuuuuuuuuuuuu. The Zoning Administrator shall determine whether or not accessory uses are permitted based on consistency of each use with the intent of the district in which it is located.

vvvvvvvvvvvvvvvvvvvvvvv. The following accessory structures are permitted in the INST-SZ District and require an Improvement Location Permit certifying that all applicable property development standards and requirements of the ordinance have been met.

(1) Buildings such as garages, carports, enclosed patios, bath houses, gazebos, cabanas, greenhouses, storage sheds, stables, and other structures over one hundred (100) sft in area.


wwwwwwwwwwwwwwwwwwwwwww. Accessory Dwelling Units. Accessory Dwelling Units are not permitted in the INST-SZ District.

Development Standards Institutional INST-SZ

Improvement StandardsMinimum lot size 2,500 sftMaximum lot size 2 acresMinimum lot width 25 feetMinimum front setback(measured from sidewalk)

None

Maximum front setback 5 feetMinimum side setback NoneMaximum side setback (all other) 10 feetMinimum rear setback, abutting a residential district

20 feet

Minimum rear setback (all other) Three (3) feet except where a dedicated alley separates such rear lot setback from the adjacent district, the rear setback shall be not less than ten (10) feet (See standards for a transitional rear setback under Property Development Regulations in this Section).

Maximum building height 75 ftMaximum impervious surface coverage 100 percent


xxxxxxxxxxxxxxxxxxxxxxx. A development plan review is required within this district as set forth in Section 8.0 Review and Approval of Development Plans of this ordinance.



yyyyyyyyyyyyyyyyyyyyyyy. Subdivision of land is permitted within this district. All subdivisions must follow requirements set forth in Section 6.0 Subdivision Control of this ordinance.

zzzzzzzzzzzzzzzzzzzzzzz. Sidewalks are required in this district.

aaaaaaaaaaaaaaaaaaaaaaaa. A centralized water and sewer system is required for this Zoning District. The applicant shall be required to connect to a public sewer system. An individual disposal system is prohibited in this zoning district.

bbbbbbbbbbbbbbbbbbbbbbbb. Construction will be permitted across no more than five (5) contiguous lots provided that all of the following conditions are satisfied:




Building Standards

The purpose of building standards for the City is to establish uniform minimum standards for the occupancy to protect the health, welfare and safety of the public.

cccccccccccccccccccccccc. Minimum Standards. The following minimum standards shall apply to all primary structures within the City:




dddddddddddddddddddddddd. The Building Standards above apply to new construction occurring after the date of the approval of this Zoning Ordinance. Legally established dwelling units existing prior to the adoption of this Zoning Ordinance shall be deemed to be legal, non-conforming uses.

Height Standards

eeeeeeeeeeeeeeeeeeeeeeee. No structure may be erected or changed to make its height greater than specified in the INST-SZ Development Standards Table, except for the following:

(1) Steeples on religious places of worship;



(4) Water tower



ffffffffffffffffffffffff. Amateur Radio Towers. Amateur radio towers may exceed the permitted height regulations by up to ten (10) feet but cannot interfere with business interception

gggggggggggggggggggggggg. Small Wind Energy Conversion Systems. Small wind energy conversion systems may exceed the permitted height regulations by up to ten (10) feet in order to be within the appropriate wind pattern.

hhhhhhhhhhhhhhhhhhhhhhhh. Necessary Building Accessories. The following structural elements may exceed the permitted height standards by up to ten (10) feet:

(1) Necessary mechanical appurtenances;

(2) Water tanks;

(3) Chimneys;

(4) Fire towers;


(6) Elevator bulkheads.


The following temporary uses shall be permitted in the INST-SZ district subject to approval by the Zoning Administrator based on their decision that the use will accommodate the temporary needs of properties and land uses, ensure that temporary uses do not become permanent without proper examination, and do not detrimentally affect the health, welfare, safety or morals of the neighborhood under consideration for such use.

iiiiiiiiiiiiiiiiiiiiiiii. Construction buildings. Temporary structures and buildings incidental to construction work are permitted, but must be removed upon completion of the construction.

jjjjjjjjjjjjjjjjjjjjjjjj. Applicable Development Standards. Temporary structures must meet all development standards for a permanent accessory structure unless otherwise specified in this section.

kkkkkkkkkkkkkkkkkkkkkkkk. Temporary Structure Time Limits. Any temporary structure used for a permitted primary use may be permitted for up to one (1) year, unless otherwise specified by this Ordinance.

llllllllllllllllllllllll. Permit Required. Permits may be issued for temporary structures or uses upon review by the Plan Commission. The following are general provisions that must be met before approval:

(1) Temporary uses and/or structures that seek extensions of the initial time limits established in this section may renew such permit for a use and/or structure in thirty (30)-consecutive-day increments upon review by the Zoning Administrator.







mmmmmmmmmmmmmmmmmmmmmmmm. Outdoor Sales, Display and Storage Standards. As used herein "outdoor sales" shall include "roadside sales" and "sidewalk sales" as defined in Section II of the Whiting Unified Zoning and Subdivision Control Ordinance. The regulation of each shall be accomplished as follows:





nnnnnnnnnnnnnnnnnnnnnnnn. All items for sale, signs, stands, or temporary structures associated with a roadside sale shall be stored in a secure and enclosed condition upon close of the sale each day or removed.

oooooooooooooooooooooooo. A permitted roadside sale may be conducted only between the hours of sunrise and sunset.

(1) Sidewalk Sales. No sign, stand, structure or other physical component of a sidewalk sale shall be placed so that it:

pppppppppppppppppppppppp. Obstructs greater than fifty (50) percent of the width of the public sidewalk,

qqqqqqqqqqqqqqqqqqqqqqqq. Obstructs the sight triangle of motorists on adjacent rights-of-way, or

rrrrrrrrrrrrrrrrrrrrrrrr. Otherwise threatens the health and/or safety of the general public.

ssssssssssssssssssssssss. All Items for sale, signs, stands or temporary structures associated with a sidewalk sale shall be placed inside the store upon close of sale each day.



Bulk Storage

tttttttttttttttttttttttt. Structures, buildings, or above ground tanks used for bulk storage of flammable or explosive liquids, gases, or other materials shall be prohibited.

Lighting


uuuuuuuuuuuuuuuuuuuuuuuu. Shielded Lighting. All areas containing outdoor lighting shall limit light spoilage onto adjacent property, when measured at any point along a property line. Compliance shall be achieved by utilizing fixture shielding, directional control designed into fixtures, fixture location, height, or aim, or a combination of these or other factors.

vvvvvvvvvvvvvvvvvvvvvvvv. Installation. All lighting installations shall be designed and installed to be fully shielded (full cutoff), with the exceptions below. In residential areas, light should be shielded such that the lamp itself or the lamp image is not directly visible outside the property perimeter.


wwwwwwwwwwwwwwwwwwwwwwww. Swimming pools, splash pads or water fountains

xxxxxxxxxxxxxxxxxxxxxxxx. Exit signs and other illumination required by building codes

yyyyyyyyyyyyyyyyyyyyyyyy. Lighting for stairs and ramps, as required by the building code

zzzzzzzzzzzzzzzzzzzzzzzz. Signs regulated by the sign code, WMC Chapter 14.5 Sign Ordinance

aaaaaaaaaaaaaaaaaaaaaaaaa. Holiday and temporary lighting (less than forty five (45) days use in any one (1) year).

bbbbbbbbbbbbbbbbbbbbbbbbb. Football, baseball, softball field, tennis court, playground, ice skating rink lighting, but only with permit from the Plan Commission recognizing that steps have been taken to minimize glare and light trespass, and utilize sensible curfews

ccccccccccccccccccccccccc. Low voltage landscape or pathway lighting


ddddddddddddddddddddddddd. Electrical Service. The electrical service to all outdoor lighting fixtures shall be underground, unless affixed to a building.

eeeeeeeeeeeeeeeeeeeeeeeee. Lamps. The source of the actual light shall be halogen, metal halide, or other type that ensures true-color at night.

fffffffffffffffffffffffff. Height Limitations. Light sources which exceed twenty-five (25) feet in height shall not be allowed, except:





ggggggggggggggggggggggggg. Exceptions. The following are exempt from the ordinance:



Parking and Loading

The purpose of this section is to reduce traffic problems and hazards. Off-street parking is not required within this District. If space permits, off street parking spaces within the INST-SZ District shall be used only for the parking of vehicles of occupants, patrons, visitors or employees and shall not be used for any kind of loading, sales, servicing or continuous storage of vehicles for more than forty eight (48) hours. Spaces allotted to loading berths and loading areas shall not be used to satisfy parking space requirements.

hhhhhhhhhhhhhhhhhhhhhhhhh. Nonconforming Parking, Enlargement or Alteration of Existing Structures.


(2) For any nonconforming use which is hereafter damaged or partially destroyed, and which is lawfully reconstructed, reestablished, or repaired, parking, and loading facilities equivalent to those maintained at the time of such damage or partial destruction shall be restored and continued in operation, provided, however; it is not necessary to restore or maintain parking or loading facilities in excess of those required by this ordinance for equivalent new uses.

(3) When the intensity of use of any building, structure, or premises shall be increased through the addition of dwelling units, floor area, beds, seating capacity, or other unit of measurement, parking, and loading facilities shall be provided for such increase in intensity of use.



iiiiiiiiiiiiiiiiiiiiiiiii. Design Flexibility.



(1) All off street parking within the INST-SZ District shall be located within the rear yard and accessed by an alley


jjjjjjjjjjjjjjjjjjjjjjjjj. Parking Space Dimensions.






(2) The length for the right angle, sixty (60) degree, and forty-five (45) degree parking space shall be measured at right angles to the edge of usable parking area forming the angles, exclusive of passageway.

(3) All uses which are required to provide accessible parking areas shall be required to provide the minimum number of accessible parking spaces required for said use; show the proposed dimensions and location of all such accessible parking spaces on all site plans, plats, and other plans which will be reviewed by the Plan Commission or Board of Zoning Appeals; and comply with all appropriate parking, traffic, safety, and accessibility codes


Figure DDBB: INST Parking Isle Widths






(6) Parking on grass or dirt areas in the front, back or side lot of any property shall be prohibited except for emergency response vehicles.

(7) Driveways shall not be required within the INST-SZ District. If space permits, driveways shall be a minimum ten (10) feet for one-way traffic and eighteen (18) feet for two-way traffic, except that a ten (10) foot driveway is permissible for two-way traffic when the driveway is not longer than fifty (50) feet and provides access to a maximum of five (5) parking spaces.

kkkkkkkkkkkkkkkkkkkkkkkkk. Required Parking Spaces.


(2) On-street parking spaces along 119th Street located within one-eighth (1/8) of a mile of any 119th Street use along public street(s) may be counted toward the minimum number of parking spaces required by this ordinance. In the event that any on-street parking that was allowed to count toward the minimum requirement is removed by the City, the existing use will not be required to make up the difference.

(3) The parking requirements (for new spaces) of the district may be met on-site or off-site at a distance of up to three hundred (300) feet from the permitted use.

(4) In determination of required parking spaces, any fraction of less than one-half (1/2) shall be disregarded, while a fraction one-half (1/2) or greater shall be counted as one parking space.




lllllllllllllllllllllllll. Joint Use. Mixed uses, within the same and/or separate structures, may provide joint parking provided the total number of spaces is not less than the sum of requirements for the various uses. To the extent that developments with joint parking operate at different times, such parking spaces may be credited to both uses. The zoning administrator may require proof of an executed shared parking agreement.



mmmmmmmmmmmmmmmmmmmmmmmmm. Satellite Parking. Parking shall be required on site, except as provided in this section; however, the Board of Zoning Appeals may grant satellite parking to any mixed- use by Special Exception. At least part of such parking must be within three hundred (300) feet of the proposed use. A site development plan must accompany any such application for Special Exception and must include the following:

(1) Adjacent streets, alleys and lots

(2) All uses to be served including the location, use and number of parking spaces provided

(3) A layout drawn to scale indicating aisles, driveways, entrances, exits, turn-off lanes, parking spaces, setbacks, drainage facilities, landscaping, lighting, pavement, and identification signs including location, size, and design

(4) All satellite parking shall be developed, maintained and used in accordance with the approved site development plan and all other requirements.


nnnnnnnnnnnnnnnnnnnnnnnnn. Loading and Unloading. Uses, except those that do not receive or transport goods in quantity by truck delivery, shall be provided loading berths. Each loading and unloading berth must include a twelve (12)-foot by forty-five (45)-foot loading space with a fourteen (14)-foot height clearance. No portion of the vehicle shall project into a street or alley and no loading berth shall be located within twenty-five (25) feet of the nearest point of intersection of any two (2) streets, nor shall be located in a required front yard or side yard adjoining a street.

Figure EECC: INST Loading Berth Requirements

Minimum Number




ooooooooooooooooooooooooo. General Design for Nonresidential Parking.

(1) Nonresidential parking or loading areas along the street front should be minimized. When possible, parking, or loading areas



should be placed to the rear of the structure. All parking or loading areas shall be designed with appropriate means of movement and shall be so arranged that movement can proceed safely without posing a danger to pedestrians or other vehicles. No parking area shall be so designed as to require backing into a public street, public or private pedestrian access way, or from a public alley.








ppppppppppppppppppppppppp. One walkway can serve as a collector for up to four (4) rows of parking spaces.

qqqqqqqqqqqqqqqqqqqqqqqqq. The walkway should be a minimum of four feet wide, allowing an additional thirty (30) inches on each side for overhanging of vehicles.

rrrrrrrrrrrrrrrrrrrrrrrrr. All walkways should be constructed to be clearly defined through the use of material, landscaping or other form of delineation.

(1) Any use which fronts upon and utilizes access to a primary or secondary arterial shall provide and utilize a common frontage or access lane for the purpose of access, parking, and loading.






sssssssssssssssssssssssss. Entrances/Driveways


Figure FFDD: INST Road Widths

ROAD CLASS/DISTRICT

REC / REC LAKE R-SF R-MD R-HD C-DB C-BB INST I-LIM I-HIM

PRIMARYARTERIAL 60 FT 60 FT 60 FT 60 FT 60 FT 60 FT 60

FT 70 FT 80 FT

SECONDARYARTERIAL 50 FT 50 FT 50 FT 50 FT 50FT 50 FT 50

FT 60 FT 70 FT

COLLECTOR (FEEDER) 40 FT 40 FT 40 FT 40 FT 40 FT 40 FT 40 FT 50 FT 60 FT

LOCAL STREET 30 FT 30 FT 30 FT 30 FT 30 FT 30 FT 30 FT 40 FT 50 FT

(2) Driveway width shall be a minimum of twenty-four (24) feet for uses in the INST-SZ District.

ttttttttttttttttttttttttt. Landscaping within Off-Street Parking Areas.



(3) Lighting. Lighting provided to illuminate off-street parking areas shall be so arranged, shielded and directed upon the parking area in such a manner as to not reflect or cause glare into adjacent properties or interfere with street traffic. Lighting shall be in accordance with the standards listed above.

(4) Inspections. At the time the structure receives its final inspection, the completion of the landscaping in accordance with these requirements shall also be a part of the final inspection. However, if seasonal circumstances do not permit the planting of the required landscaping, the developer may post a bond in the amount of one



hundred ten percent (110%) of the installed landscape cost, and may delay installation up to six (6) months. The final inspection of the landscaping shall be performed at a reasonable, later date as determined by the Zoning Administrator.

Landscaping


uuuuuuuuuuuuuuuuuuuuuuuuu. Basic Standards. This section shall apply to new property development and any expansion of existing legally conforming sites or structures that exceeds thirty-five percent (35%) of the existing site or structure, except for single family dwelling structures.







(7) Non-living ground cover may include decorative gravel, bark mulch, river rock or similar materials. Decorative elements, such as walks, decks, terraces, water features and similar features may be included. Planting beds may not contain more than fifty percent (50%) non-living ground cover.

(8) All plants used for landscaping shall be compatible with the local climate and the soils, drainage and water conditions of the site. When planting occurs on hillsides, slopes, drainage ways, or similar natural areas, plant material should duplicate adjacent plant communities both in species composition and special distribution



patterns. Whenever possible, drought-resistant varieties of plant materials shall be utilized.

(9) Healthy trees, native vegetation and natural or significant rock outcroppings, and other valuable features shall be preserved and integrated within planting areas. Existing healthy trees and shrubs that are preserved shall count towards the landscaping standards of this Section.


(11) Deciduous Trees. Deciduous trees shall be a minimum of two inches (2”) in caliper measured four inches (4”) above the ground.

(12) Coniferous Trees. Coniferous trees shall be a minimum of six (6) feet in height, measured from the top of the root ball to the top of the tree.

(13) Ornamental Trees. Ornamental trees shall be a minimum of one and one-half (1.5) inches in caliper, measured four (4) inches above the ground.

(14) Shrubs and Vines. Shrubs shall be a minimum of one (1)-foot in height at time of planting. Vines shall be in a minimum one (1) gallon container.





vvvvvvvvvvvvvvvvvvvvvvvvv. Surface Water. It shall be the responsibility of the owner of any lot or parcel of land developed for any use to provide for adequate surface water drainage. When possible, existing natural surface drainage may be utilized. Whenever the evidence available indicates that the natural surface drainage is inadequate, the owner shall provide the parcel with an adequate surface water system which shall be integrated into the



drainage pattern of surrounding properties. When the surface drainage is adequate, an easement for such surface drainage shall be provided. On-site detention shall be required where necessary to prevent harm to adjoining properties.

wwwwwwwwwwwwwwwwwwwwwwwww. Drainage. Drainage swales (ditches) along dedicated roadways and within the right-of-way or on dedicated drainage easements are not to be altered, except for maintenance as originally constructed and as approved by the County Highway Department, the Lake County Drainage Board, City Street Department, or Indiana Department of Transportation. Driveways may be constructed over these or other approved structures as permitted by the appropriate agency.

xxxxxxxxxxxxxxxxxxxxxxxxx. Permanent Structures. No permanent structures other than a fence may be erected, and if erected in violation of this section, no such structure may be used if the location is within seventy-five (75) feet of the centerline of any legal tile ditch, or within seventy-five (75) feet of the existing top edge of any legal open ditch or tile unless approved by the Lake County Drainage Board and the Whiting Plan Commission.

yyyyyyyyyyyyyyyyyyyyyyyyy. Preservation of Natural/Historic Features. Existing natural and historic features which would add value to development of natural or manmade assets of the city such as trees, streams, vistas, lakes, historical landmarks, and similar irreplaceable assets, shall be preserved through harmonious and careful design. Land to be developed shall be designed and improved as far as practical in conformity to existing topography in order to minimize stormwater runoff, and conserve the natural cover and soil.

zzzzzzzzzzzzzzzzzzzzzzzzz. Cut/Fill Grade. No cut or fill grade shall exceed a slope of 3:1 or thirty-three and one-third (33 1/3) percent. This provision shall apply to all cuts and fills exceeding one hundred (100) square feet in exposed surface area, including cuts or fills on land naturally exceeding 3:1 in slope.

aaaaaaaaaaaaaaaaaaaaaaaaaa. Erosion Prevention. All land, regardless of slope, from which structures or natural cover has been removed or otherwise destroyed, shall be appropriately graded and seeded within a reasonable time of such activity to prevent erosion.

bbbbbbbbbbbbbbbbbbbbbbbbbb. Alterations to Shoreline. No alteration of the shoreline or bed of a river or public lake shall be made until written approval is obtained from the Indiana Department of Natural Resources, and the provisions of this ordinance are complied with. Alterations include, among other things, filling of a river or wetlands, dredging of a riverbed, and ditch excavation within one-half (1/2) mile of a water body.

cccccccccccccccccccccccccc. Hazardous Waste. All development must be in compliance with IC Title 7, as amended, as it relates to hazardous waste, low level nuclear waste, underground storage tanks, waste tires, and other applicable ordinances of said Title.

dddddddddddddddddddddddddd. Environmental Quality. All development must be in compliance with IC Title 13, as amended, as it relates to air pollution control, water



pollution control, solid waste management, and other applicable ordinances of said Title.

eeeeeeeeeeeeeeeeeeeeeeeeee. Waste Disposal. No waste materials such as garbage, rubbish, gasoline, oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity, or temperature so as to contaminate, pollute, or harm the waters shall be deposited, located, stored, or discharged on any lot in a way that would be likely to run off, seep, or wash into surface or groundwaters.

ffffffffffffffffffffffffff. Fuel Storage. No highly flammable or explosive liquids, solids, or gases specified by the State Fire Marshal shall be stored in bulk above ground, except tanks or drums of fuel connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel except for permitted uses in an I-HIM-SZ District.

gggggggggggggggggggggggggg. Debris/Refuse. Debris and refuse shall not accumulate on any property, in any zoning district.

hhhhhhhhhhhhhhhhhhhhhhhhhh. Treatment of Fill. Bricks, concrete, lumber, and other material used for fill where permitted by this ordinance and/or by the IDEM, DNR, or other governmental agency, shall be promptly covered and seeded.

iiiiiiiiiiiiiiiiiiiiiiiiii. View Requirements. Where a proposed structure will eliminate more than fifty percent of an adjacent structure's view or exposure to the sun, an additional yard area setback may be required by the Zoning Administrator so that the fifty (50) percent view or exposure may be maintained.

jjjjjjjjjjjjjjjjjjjjjjjjjj. Health and Safety. No use shall be permitted which is injurious in health and safety of humans, animals, or vegetation, or which is noxious by reason of the emission of odor, visual pollution, or other undesirable nuisances which effects extend beyond the lot line where the use exists.



kkkkkkkkkkkkkkkkkkkkkkkkkk. Sidewalks may be placed within required setbacks.

llllllllllllllllllllllllll. Sidewalks must meet and connect with sidewalks on adjoining properties. The Zoning Administrator can, and may require changes to sidewalk placement to meet this requirement.

mmmmmmmmmmmmmmmmmmmmmmmmmm. Sidewalks shall remain the property of the property owner, who shall be responsible for maintenance and upkeep of sidewalks at all times.

nnnnnnnnnnnnnnnnnnnnnnnnnn. Sidewalks shall be maintained at all times to meet accessibility requirements of the Americans with Disabilities Act.



oooooooooooooooooooooooooo. Sidewalks shall have a maximum slope of five percent (5%), be a minimum of five (5) feet wide with a four (4) inch surface thickness and six (6) inch compacted aggregate base.

pppppppppppppppppppppppppp. Sidewalks shall be maintained at all times to be passable. This includes:



qqqqqqqqqqqqqqqqqqqqqqqqqq. Shared-use paths. A shared-use path may replace the sidewalk requirement where a City approved shared-use path exists or is planned.



Lakefront Recreation – REC-LAKE-SZPurpose and Description

The purpose of the Lakefront Recreational Special Zone (REC-LAKE-SZ) District is to provide waterfront recreation areas with related waterfront and recreational oriented or waterfront/recreational enhancing uses, to serve local and regional open space recreation needs.

Permitted Uses

rrrrrrrrrrrrrrrrrrrrrrrrrr. No building in this District hereafter shall be constructed, altered, converted, or used in whole or in part except for:

(1) Non-potable public wells

(2) Essential service utilities

(3) Micro-breweries

(4) Micro-wineries

(5) Sporting goods, hobby, and musical instrument stores

(6) Tackle shops

(7) Railroad operations

(8) Water passenger transportation

(9) Automated teller machines (ATM)

(10) Recreational goods rental

(11) Spectator sports

(12) Sports teams and clubs

(13) Museums

(14) Historical sites

(15) Zoos and botanical gardens

(16) Public park

(17) Miniature golf

(18) Marinas

(19) Campgrounds

(20) Full service restaurants

(21) Sidewalk café

(22) Limited service restaurants

(23) Cafeterias, delis and buffets

(24) Snack and nonalcoholic beverage bars



(25) Ice cream parlor

(26) Food service contractors

(27) Caterers

(28) Mobile food services

(29) Roadside food stand

(30) Roadside produce stand

(31) Drinking places (alcoholic beverages)

(32) Civic and social organizations

(33) Conference center

(34) Offices of executives, legislative bodies, and other general government support

(35) Police protection

(36) Fire protection

(37) Highway/municipal garage

Special Exceptions

ssssssssssssssssssssssssss. The following uses may be approved after filing of a special exception petition provided they follow all provisions for this district outlined by this Ordinance.

(1) Utilities, except major power generators, essential service utilities, small wind energy conversion systems

(2) Small wind energy conversion system

(3) Utility substation

(4) Telecommunication towers (except standard amateur radio antennas)

(5) Casinos

(6) Other gambling industries

(7) Private parking lots and garages (excluding municipal lots)

(8) Religious organizations


tttttttttttttttttttttttttt. Accessory uses such as the following are authorized in the REC-LAKE-SZ District subject to the provisions of any and all recorded restrictive covenants running with the land:


(2) Curbs

(3) Driveways



(4) Lamp posts

(5) Name plates

(6) Parking space



(9) Retaining walls


(11) Walks

uuuuuuuuuuuuuuuuuuuuuuuuuu. Approved and documented permanent outdoor sales, display and storage shall be permitted as accessory uses.

vvvvvvvvvvvvvvvvvvvvvvvvvv. Accessory structures may not be erected before the construction of principal structures.

wwwwwwwwwwwwwwwwwwwwwwwwww. Accessory structures shall be clearly subordinate in height, area, bulk extent, and purpose to the primary structure and shall not exceed the required heights, setbacks, or area standards.


xxxxxxxxxxxxxxxxxxxxxxxxxx. The Zoning Administrator shall determine whether or not accessory uses are permitted based on consistency of each use with the intent of the district in which it is located.

yyyyyyyyyyyyyyyyyyyyyyyyyy. The following accessory structures are permitted in the REC-LAKE-SZ District and require an Improvement Location Permit certifying that all applicable property development standards and requirements of the ordinance have been met:

(1) Approved and documented permanent outdoor sales, display and storage.

(2) Antennas and amateur radio towers over 10 feet of the permitted height regulations.

zzzzzzzzzzzzzzzzzzzzzzzzzz. Accessory Dwelling Units. Accessory Dwelling Units are not permitted in the REC-LAKE-SZ District.



Development Standards Lakefront Recreational – LAKE-REC-SZ

Improvement StandardsMinimum lot size NoneMaximum lot size NoneMinimum road frontage NoneMinimum front setback(measured from road centerline)

10 feet

Maximum front setback NoneMinimum side setback, abutting a residential district

10 feet

Minimum side setback (all other) 10 feetMaximum side setback (all other) NoneMinimum rear setback, abutting a residential district

10 feet

Minimum rear setback (all other) 10 feetMaximum building height 35 ft Maximum impervious surface coverage

None


aaaaaaaaaaaaaaaaaaaaaaaaaaa. A development plan review is required within this district as set forth in Section 8.0 Review and Approval of Development Plans of this ordinance.

bbbbbbbbbbbbbbbbbbbbbbbbbbb. Subdivision of land is permitted within this district. All subdivisions must follow requirements set forth in Section 6.0 Subdivision Control of this ordinance.

ccccccccccccccccccccccccccc. Sidewalks are required in this district.

ddddddddddddddddddddddddddd. A centralized water and sewer system is required for this Zoning District. The applicant shall be required to connect to a public sewer system. An individual disposal system is prohibited in this zoning district.

Building Standards


eeeeeeeeeeeeeeeeeeeeeeeeeee. Minimum Standards. The following minimum standards shall apply to all primary structures within the City:




b. The Building Standards above apply to new construction occurring after the date of the approval of this Zoning Ordinance. Legally established



dwelling units existing prior to the adoption of this Zoning Ordinance shall be deemed to be legal, non-conforming uses.

Height Standards

fffffffffffffffffffffffffff. No structure may be erected or changed to make its height greater than specified in the LAKE-REC-SZ Development Standards Table, except for the following:


(2) Water tower

ggggggggggggggggggggggggggg. Amateur Radio Towers. Amateur radio towers may exceed the permitted height regulations by up to ten (10) feet, but cannot interfere with business interception

hhhhhhhhhhhhhhhhhhhhhhhhhhh. Small Wind Energy Conversion Systems. Small wind energy conversion systems may exceed the permitted height regulations by up to ten (10) feet in order to be within the appropriate wind pattern.

iiiiiiiiiiiiiiiiiiiiiiiiiii. Necessary Building Accessories. The following structural elements may exceed the permitted height standards by up to ten (10) feet:


(2) Water tanks

(3) Chimneys

(4) Fire towers

(5) Stair towers



The following temporary uses shall be permitted in the REC-LAKE-SZ district subject to approval by the Zoning Administrator based on their decision that the use will accommodate the temporary needs of properties and land uses, ensure that temporary uses do not become permanent without proper examination, and do not detrimentally affect the health, welfare, safety, or morals of the neighborhood under consideration for such use.

jjjjjjjjjjjjjjjjjjjjjjjjjjj. Construction buildings. Temporary structures and buildings incidental to construction work are permitted, but must be removed upon completion of the construction.

kkkkkkkkkkkkkkkkkkkkkkkkkkk. Applicable Development Standards. Temporary structures must meet all development standards for a permanent accessory structure unless otherwise specified in this section.

lllllllllllllllllllllllllll. Temporary Structure Time Limits. Any temporary structure used for a permitted primary use may be permitted for up to one (1) year, unless otherwise specified by this Ordinance.



mmmmmmmmmmmmmmmmmmmmmmmmmmm. Permit Required. Permits may be issued for temporary structures or uses upon review by the Plan Commission. The following are general provisions that must be met before approval:

(1) Temporary uses and/or structures that seek extensions of the initial time limits established in this section may renew such permit for a use and/or structure in 30-consecutive-day increments upon review by the Zoning Administrator.




(5) Signs shall not flash or blink or resemble traffic and emergency warning signals.


nnnnnnnnnnnnnnnnnnnnnnnnnnn. Outdoor storage, sales and display, in compliance with the requirements of this ordinance shall be permitted in the LAKE-REC-SZ District for the following uses:

(1) Outdoor Recreation Concessions

(2) Temporary Seasonal Kiosks

(3) Recreational Equipment Rental

ooooooooooooooooooooooooooo. Approved and documented permanent outdoor sales, display, and storage shall be permitted as accessory uses.

ppppppppppppppppppppppppppp. Outdoor sales, display, and storage shall not be located in any setbacks, easements, right-of-way, or required off-street parking or loading areas.

(1) Motor vehicle sales and display may be permitted in offstreet parking areas.

(2) The maximum area for outdoor sales and display shall not exceed ten percent (10%).

Bulk Storage

qqqqqqqqqqqqqqqqqqqqqqqqqqq. Structures, buildings or above ground tanks used for bulk storage of flammable or explosive liquids, gases or other materials shall not be closer than fifty (50) feet to the property line.

rrrrrrrrrrrrrrrrrrrrrrrrrrr. Additional information regarding evidence of safety measures may be required to the Plan Commission in order to determine the public safety therein.



Lighting


sssssssssssssssssssssssssss. Shielded Lighting. All areas containing outdoor lighting shall limit light spoilage onto adjacent property, when measured at any point along a property line. Compliance shall be achieved by utilizing fixture shielding, directional control designed into fixtures, fixture location, height, or aim, or a combination of these or other factors.

ttttttttttttttttttttttttttt. Installation. All lighting installations shall be designed and installed to be fully shielded (full cutoff), with the exception below, and shall have a maximum lamp wattage of two hundred fifty (250) watts, and one hundred (100) watts incandescent.








vii. Low voltage landscape or pathway lighting

uuuuuuuuuuuuuuuuuuuuuuuuuuu. Lighting Controls and Timers. Controls shall be installed on lighting fixtures that automatically extinguish all outdoor lighting by day using a switching device such as a photoelectric switch, astronomic time switch or a control system such as a programmable lighting controller, building automation system, lighting energy management system, or the equivalent. The Plan Commission or Zoning Administrator may determine to what extent any proposed use will require lighting controls and timers. Lighting reductions are not required for any of the following:

(1) Code required lighting for steps, stairs, walkways, and points of ingress and egress to building and other facilities.

(2) Motion activated lighting.



(3) Lighting governed by special use permit in which times of operation are specifically identified.

vvvvvvvvvvvvvvvvvvvvvvvvvvv. Electrical Service. The electrical service to all outdoor lighting fixtures shall be underground, unless affixed to a building.

wwwwwwwwwwwwwwwwwwwwwwwwwww. Lamps. The source of the actual light shall be halogen, metal halide, or other type that ensures true-color at night.

xxxxxxxxxxxxxxxxxxxxxxxxxxx. Height Limitations. Light sources which exceed twenty-five (25) feet in height shall not be allowed, except:



(3) As permitted by the Plan Commission

yyyyyyyyyyyyyyyyyyyyyyyyyyy. Exceptions. The following are exempt from the ordinance:



Parking and Loading

The purpose of this section is to reduce traffic problems and hazards. Uses permitted within the LAKE-REC-SZ District may include off street parking and loading sufficient for the needs normally generated by the use. Off street parking spaces shall be used only for the parking of vehicles of occupants, patrons, visitors, or employees and shall not be used for any kind of loading, sales, servicing, or continuous storage of vehicles for more than 48 hours. Spaces allotted to loading berths and loading areas shall not be used to satisfy parking space requirements.

zzzzzzzzzzzzzzzzzzzzzzzzzzz. Nonconforming Parking, Enlargement or Alteration of Existing Structures.


(2) For any nonconforming use which is hereafter damaged or partially destroyed, and which is lawfully reconstructed, reestablished, or repaired, parking and loading facilities equivalent to those maintained at the time of such damage or partial destruction shall be restored and continued in operation, provided, however, it is not necessary to restore or maintain parking or loading facilities in excess of those required by this ordinance for equivalent new uses.

(3) When the intensity of use of any building, structure, or premises shall be increased through the addition of dwelling units, floor area, beds, seating capacity, or other unit of measurement, parking and



loading facilities shall be provided for such increase in intensity of use.

(4) When the existing use of a building, structure, or premises shall be changed or converted to a new use permitted by this ordinance, parking and loading facilities shall be provided as required for the new use.


aaaaaaaaaaaaaaaaaaaaaaaaaaaa. Design Flexibility.

(1) Approved and documented permanent outdoor sales, display, and storage shall be permitted as accessory uses do not require on- or off- street parking.

(2) Due to particularities of any given development, the inflexible application of required parking spaces may result in parking and loading spaces in excess of need. Upon the written request of the applicant, the Plan Commission may authorize a reduction of required parking spaces not to exceed ten percent (10%). Approval of reduction of required parking spaces by the Plan Commission shall be in writing and shall include justification for allowing such reduction.

(3) Upon written request by the applicant, up to twenty five percent (25%) of the dedicated parking area may remain unpaved and in green space until such time as the need for maximum parking is determined. This decision and determination shall be at the discretion of the Plan Commission. Such green space shall not be counted toward required parking, landscaping, or buffer yards.

bbbbbbbbbbbbbbbbbbbbbbbbbbbb. Parking Space Dimensions.






(2) The length for the right angle, sixty (60) degree, and forty-five (45) degree parking space shall be measured at right angles to the



edge of usable parking area forming the angles, exclusive of passageway.

(3) All uses which are required to provide accessible parking areas shall be required to provide the minimum number of accessible parking spaces required for said use; show the proposed dimensions and location of all such accessible parking spaces on all site plans, plats, and other plans which will be reviewed by the Plan Commission or Board of Zoning Appeals; and comply with all appropriate parking, traffic, safety, andaccessibility codes


Figure GGEE: REC-LAKS-SZ Parking Isle Widths

Parking Isle WidthsAngle of Parking Minimum Isle WidthRight Angle - 90 Degree 24 feet, two way



Accessible Refer to ADA Guidelines

cccccccccccccccccccccccccccc. Required Parking Spaces.






dddddddddddddddddddddddddddd. Joint Use. Nonresidential uses, within the same and/or separate structures, may provide joint parking provided the total number of spaces is not less than the sum of requirements for the various uses. To the extent that developments with joint parking operate at different



times, such parking spaces may be credited to both uses. The zoning administrator may require proof of an executed shared parking agreement.

eeeeeeeeeeeeeeeeeeeeeeeeeeee. Satellite Parking. Parking shall be required on site, except as provided in this section; however, the Board of Zoning Appeals may grant satellite parking to any nonresidential use by Special Exception. At least part of such parking must be within three hundred (300) feet of the proposed use. A site development plan must accompany any such application for Special Exception and must include the following:

(1) Adjacent streets, alleys and lots

(2) All uses to be served including the location, use and number of parking spaces provided

(3) A layout drawn to scale indicating aisles, driveways, entrances, exits, turn-off lanes, parking spaces, setbacks, drainage facilities, landscaping, lighting, pavement, and identification signs including location, size and design

(4) All satellite parking shall be developed, maintained and used in accordance with the approved site development plan and all other requirements

ffffffffffffffffffffffffffff. Any change or other modification of uses served or number or parking spaces shall require amendment and re-approval by the Board of Zoning Appeals

gggggggggggggggggggggggggggg. Loading and Unloading. Uses, except those that do not receive or transport goods in quantity by truck delivery, shall be provided loading berths. Each loading and unloading berth must include a twelve (12)-foot by forty five (45)-foot loading space with a fourteen (14)-foot height clearance. No portion of the vehicle shall project into a street or alley and no loading berth shall be located within twenty-five (25) feet of the nearest point of intersection of any two (2) streets, nor shall be located in a required front yard or side yard adjoining a street.



Figure HHFF: REC-LAKE-SZ Loading Berth Requirements


Gross Floor Area

1 up to 40,000 sq. ft.

2 40,000 to 80,000 sq. ft.

3 80,000 to 120,000 sq. ft.

4 120,000 to 160,000 sq. ft.

5 160,000 to 240,000 sq. ft.

6 240,000 to 320,000 sq. ft. plus one (1) additional space for each additional eighty thousand (80,000) sq. ft. of Gross Floor Area, above three hundred twenty thousand (320,000) sq. ft.

hhhhhhhhhhhhhhhhhhhhhhhhhhhh. General Design.

(1) Nonresidential parking or loading areas along the streetfront should be minimized. When possible, parking, or loading areas should be placed to the rear of the structure. All parking or loading areas shall be designed with appropriate means of movement and shall be so arranged that movement can proceed safely without posing a danger to pedestrians or other vehicles. No parking area shall be so designed as to require backing into a public street, public or private pedestrian access way, or from a public alley.













(9) Any use which fronts upon and utilizes access to a primary or secondary arterial shall provide and utilize a common frontage or access lane for the purpose of access, parking, and loading.




iiiiiiiiiiiiiiiiiiiiiiiiiiii. Entrances/Driveways


Figure IIGG: LAKE-REC-SZ Road Widths

ROAD CLASS/DISTRICT

REC / REC LAKE R-SF R-MD R-HD C-DB C-BB INST I-LIM I-HIM


FT 60 FT 60 FT 60 FT 60 FT 60 FT 70 FT 80 FT


FT 50 FT 50 FT 50FT 50 FT 50 FT 60 FT 70 FT


FT 40 FT 40 FT 40 FT 40 FT 40 FT 50 FT 60 FT

LOCAL STREET 30 FT 30 FT 30 FT 30 FT 30 FT 30 FT 30

FT 40 FT 50 FT

(2) Driveway width shall be a minimum of twenty-four (24) feet for uses in the REC-LAKE-SZ District.



jjjjjjjjjjjjjjjjjjjjjjjjjjjj. Landscaping within Off-Street Parking Areas.





Landscaping


kkkkkkkkkkkkkkkkkkkkkkkkkkkk. Basic Standards. This section shall apply to new property development and any expansion of existing legally conforming sites or structures that exceeds thirty-five percent (35%) of the existing site or structure.


(2) All portions of the site where existing vegetative cover is damaged or removed, that are not otherwise covered with new improvements, shall be successfully re-vegetated with a mix of native, adaptive, and drought tolerant grasses and ground covers. The density of the reestablished vegetation must be adequate to prevent soil erosion and invasion of weeds after one growing season.





(5) All required landscaping must be located outside of any adjacent right-of-way unless otherwise stated by the Planning Administrator.




(9) Healthy trees, native vegetation and natural or significant rock outcroppings, and other valuable features shall be preserved and integrated within planting areas. Existing healthy trees and shrubs that are preserved shall count towards the landscaping standards of this Section.











No land shall be used or structure erected where the land is unsuitable for such use or structure due to slopes greater than ten percent, adverse soil or rock formation, erosion susceptibility, low percolation rate or bearing strength, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of the community. In addition, the following standards must be met:

llllllllllllllllllllllllllll. Surface Water. It shall be the responsibility of the owner of any lot or parcel of land developed for any use to provide for adequate surface water drainage. When possible, existing natural surface drainage may be utilized. Whenever the evidence available indicates that the natural surface drainage is inadequate, the owner shall provide the parcel with an adequate surface water system which shall be integrated into the drainage pattern of surrounding properties. When the surface drainage is adequate, an easement for such surface drainage shall be provided. On-site detention shall be required where necessary to prevent harm to adjoining properties.

mmmmmmmmmmmmmmmmmmmmmmmmmmmm. Drainage. Drainage swales (ditches) along dedicated roadways and within the right-of-way or on dedicated drainage easements are not to be altered, except for maintenance as originally constructed and as approved by the County Highway Department, the Lake County Drainage Board, City Street Department, or Indiana Department of Transportation. Driveways may be constructed over these or other approved structures as permitted by the appropriate agency.

nnnnnnnnnnnnnnnnnnnnnnnnnnnn. Permanent Structures. No permanent structures other than a fence may be erected, and if erected in violation of this section, no such structure may be used if the location is within seventy-five (75) feet of the centerline of any legal tile ditch, or within seventy-five (75) feet of the existing top edge of any legal open ditch or tile unless approved by the Lake County Drainage Board and the Whiting Plan Commission.

oooooooooooooooooooooooooooo. Preservation of Natural/Historic Features. Existing natural and historic features which would add value to development of natural or manmade assets of the city such as trees, streams, vistas, lakes, historical landmarks, and similar irreplaceable assets, shall be preserved through harmonious and careful design. Land to be



developed shall be designed and improved as far as practical in conformity to existing topography in order to minimize stormwater runoff, and conserve the natural cover and soil.

pppppppppppppppppppppppppppp. Cut/Fill Grade. No cut or fill grade shall exceed a slope of 3:1 or thirty-three and one-third (33 1/3) percent. This provision shall apply to all cuts and fills exceeding one hundred (100) square feet in exposed surface area, including cuts or fills on land naturally exceeding 3:1 in slope.

qqqqqqqqqqqqqqqqqqqqqqqqqqqq. Erosion Prevention. All land, regardless of slope, from which structures or natural cover has been removed or otherwise destroyed, shall be appropriately graded and seeded within a reasonable time of such activity to prevent erosion.

rrrrrrrrrrrrrrrrrrrrrrrrrrrr. Alterations to Shoreline. No alteration of the shoreline or bed of a river or public lake shall be made until written approval is obtained from the Indiana Department of Natural Resources, and the provisions of this ordinance are complied with. Alterations include, among other things, filling of a river or wetlands, dredging of a riverbed, and ditch excavation within one-half (1/2)-mile of a water body.

ssssssssssssssssssssssssssss. Hazardous Waste. All development must be in compliance with IC Title 7, as amended, as it relates to hazardous waste, low level nuclear waste, underground storage tanks, waste tires, and other applicable ordinances of said Title.

tttttttttttttttttttttttttttt. Environmental Quality. All development must be in compliance with IC Title 13, as amended, as it relates to air pollution control, water pollution control, solid waste management, and other applicable ordinances of said Title.

uuuuuuuuuuuuuuuuuuuuuuuuuuuu. Waste Disposal. No waste materials such as garbage, rubbish, gasoline, oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity, or temperature so as to contaminate, pollute, or harm the waters shall be deposited, located, stored, or discharged on any lot in a way that would be likely to run off, seep, or wash into surface or groundwaters.

vvvvvvvvvvvvvvvvvvvvvvvvvvvv. Fuel Storage. No highly flammable or explosive liquids, solids, or gases specified by the State Fire Marshal shall be stored in bulk above ground, except tanks or drums of fuel connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel except for permitted uses in an LAKE-REC-SZ District.

wwwwwwwwwwwwwwwwwwwwwwwwwwww. Debris/Refuse. Debris and refuse shall not accumulate on any property, in any zoning district.

xxxxxxxxxxxxxxxxxxxxxxxxxxxx. Treatment of Fill. Bricks, concrete, lumber, and other material used for fill where permitted by this ordinance and/or by the IDEM, DNR, or other governmental agency, shall be promptly covered and seeded.



yyyyyyyyyyyyyyyyyyyyyyyyyyyy. View Requirements. Where a proposed structure will eliminate more than fifty percent of an adjacent structure's view or exposure to the sun, an additional yard area setback may be required by the Zoning Administrator so that the fifty (50) percent view or exposure may be maintained.

zzzzzzzzzzzzzzzzzzzzzzzzzzzz. Health and Safety. No use shall be permitted which is injurious in health and safety of humans, animals, or vegetation, or which is noxious by reason of the emission of odor, visual pollution, or other undesirable nuisances which effects extend beyond the lot line where the use exists.



aaaaaaaaaaaaaaaaaaaaaaaaaaaaa. Sidewalks may be placed within required setbacks.

bbbbbbbbbbbbbbbbbbbbbbbbbbbbb. Sidewalks must meet and connect with sidewalks on adjoining properties. The Zoning Administrator can, and may require changes to sidewalk placement to meet this requirement.

ccccccccccccccccccccccccccccc. Sidewalks shall remain the property of the property owner, who shall be responsible for maintenance and upkeep of sidewalks at all times.

ddddddddddddddddddddddddddddd. Sidewalks shall be maintained at all times to meet accessibility requirements of the Americans with Disabilities Act.

eeeeeeeeeeeeeeeeeeeeeeeeeeeee. Sidewalks shall have a maximum slope of five percent (5%), be a minimum of five (5) feet wide with a four (4) inch surface thickness and six (6) inch compacted aggregate base.

fffffffffffffffffffffffffffff. Sidewalks shall be maintained at all times to be passable. This includes:

ggggggggggggggggggggggggggggg. Removal of snow and other debris

hhhhhhhhhhhhhhhhhhhhhhhhhhhhh. Repair or replacement due to major cracks or other damage

iiiiiiiiiiiiiiiiiiiiiiiiiiiii. Shared-use paths. A shared-use path may replace the sidewalk requirement where a City approved shared-use path exists or is planned.



Planned Unit Development - PUD Purpose

jjjjjjjjjjjjjjjjjjjjjjjjjjjjj. The purpose of these regulations is to provide greater design flexibility in the development of land when consistent with the Comprehensive Plan and intent of the Unified Zoning Ordinance. The use of Plan Unit Development zoning classifications shall be encouraged when the use of such regulations promotes a harmonious variety of uses; provides for an economy of shared services and facilities; compatible with surrounding areas; fosters the creation of attractive, healthful, efficient, and stable environments for living, shopping, or working. The Planned Unit Development District, hereafter referred to as PUD.

kkkkkkkkkkkkkkkkkkkkkkkkkkkkk. The Planned Unit Development regulations and procedures may apply to the development of existing developed lands or vacant lands and may apply to small- and large-scale parcels, their relationship with other surrounding uses, and the overall characteristic of the area in which they are located.

lllllllllllllllllllllllllllll. It is the purpose of this ordinance to permit residential, commercial, industrial, and mixed-use development in order to:

(1) Encourage innovations in land development techniques so that the growing demands of the community may be met with greater flexibility and variety in type, design, and layout of sites and buildings;

(2) Conserve more efficient use of open spaces and other amenities generally enhancing the quality of life; and

(3) Encourage a more efficient use of land, which reflects the changes in technology of land development, so that resulting economies, such as preserving existing trees and including recreation areas, may accrue to the benefit of the community at large.

Permitted Uses

All land use classifications that are allowed in this Ordinance may be permitted within a PUD, unless otherwise prohibited. All land uses proposed in a PUD must be compatible with the intent of the Comprehensive Plan and the characteristics of surrounding land uses and zoning districts. All uses are subject to the discretion and approval of the Plan Commission and City Council. No building in this District hereafter shall be constructed, altered, converted, or used in whole or in part except for all land uses adopted with the PUD District Ordinance under Indiana Code 36-7-4-1500 Series.



Development Standards - Planned Unit Development - PUD

Improvement StandardsMinimum PUD size None Minimum lot frontage 12 feetMinimum front setback(measured from the sidewalk)

None, except no building shall project beyond the average front yard line so established by the surrounding properties.

Minimum side setback, except Through Lot None, except 10 feet if adjacent to a differing land use

Minimum rear setback, abutting for Through Lot None, except 10 feet if adjacent to a differing land use

Minimum rear setback (all other) None, except 10 feet if adjacent to a differing land use

Maximum rear setback 25 feetDensity

Minimum residential No less than 6 dwelling units per acre, if residential is proposed

Minimum open space 20%

Requirements

mmmmmmmmmmmmmmmmmmmmmmmmmmmmm. The project may be owned, leased, or controlled either by a single person or corporation or by a group of individuals or homeowners association. Such ownership may be a public or private corporation. However, if not under single ownership, the multiple owners must have a contractual agreement (1) not to develop the parcels separately, but in accordance with a single, unified plan, and (2) in which the separate owners have given their express intentions to enter into such private agreements and to assure its completion as planned and to the satisfaction of the Plan Commission.

nnnnnnnnnnnnnnnnnnnnnnnnnnnnn. A minimum of twelve (12) feet of lot frontage shall be required for all lots to access public or private streets. Access may be shared with other lots.

Development Standards

ooooooooooooooooooooooooooooo. The development standards established in this Ordinance shall apply unless alternate development standards are proposed by the petitioner. The alternate development standards shall be approved by the Plan Commission and specified in the PUD district ordinance adopted by the City Council. Any lessening of the required development standards of this Ordinance shall be directly linked to the intent of the PUD to:

(1) Provide a mixed-use development;

(2) Provide a creative design; or

(3) Respond to preservation of environmental conditions on the site.

ppppppppppppppppppppppppppppp. The Planned Unit Development will address the public health, safety, and general welfare.

qqqqqqqqqqqqqqqqqqqqqqqqqqqqq. All uses are subject to the discretion of the recommendations of the Plan Commission and the approval of the City Council.



rrrrrrrrrrrrrrrrrrrrrrrrrrrrr. The PUD Ordinance shall address the impact on traffic and public services and facilities, such as schools and fire and police protection.

sssssssssssssssssssssssssssss. The PUD District Ordinance shall contain such proposed covenants, easements, and other provisions relating to the proposed development standards, as reasonably are required for public health, safety, and general welfare.

ttttttttttttttttttttttttttttt. Gross residential density shall be calculated by dividing the gross acreage of the total development area by the size of the recommended lots to determine total dwelling units per acre in the proposed project.

uuuuuuuuuuuuuuuuuuuuuuuuuuuuu. Sidewalks are required in this district. All sidewalks shall be constructed in accordance with WMC Chapter 15: Streets, Sidewalks and Other Public Places

vvvvvvvvvvvvvvvvvvvvvvvvvvvvv. The general intent and application of landscaping and use of trees outlined in Section WMC Chapter 15.7 Tree Ordinance, shall serve as a general guide for landscaping. The final landscaping plan shall justify any deviations from standards that may be less than outlined in this section.

(1) Appropriate tree protection and tree plantings shall follow the policies set forth in WMC Chapter 15.7 Tree Ordinance.

Open Space

wwwwwwwwwwwwwwwwwwwwwwwwwwwww. GENERAL REQUIREMENTS

(1) A PUD shall contain at least twenty percent (20%) open space (gross area)

(2) Open space shall be an integrated part of the project rather than an isolated element.

(3) Open space shall be planned as large, contiguous areas whenever possible. Long thin strips or narrow areas of open space less than sixty (60) feet wide shall occur only when necessary for access, as vegetated buffers along wetlands or the perimeter of the site, or as connections between open space areas.

(4) The location, size, character, and shape of open space shall be appropriate to its intended use.

(5) Access points or paths shall be provided to afford access to open space and common areas. These access points shall link the open space to the roadway, sidewalks, or the remainder of the development.

(6) Designated open space shall be shown on all subdivision plans and on the recorded plat.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxx. AREAS NOT CONSIDERED OPEN SPACE. The following land areas are not considered open space for the purpose of this section:

(1) Public or private rights-of-way



(2) Platted lots

(3) Leach fields

yyyyyyyyyyyyyyyyyyyyyyyyyyyyy. AREAS WHICH MAY BE INCLUDED IN OPEN SPACE. The following areas may be included as open space:

(1) Land within the designated floodway

(2) Designated wetlands

(3) Easements

(4) Drainage ways

(5) Land whose slope and/or soils make it particularly susceptible to erosion when disturbed by development activities

(6) Lakes and ponds

zzzzzzzzzzzzzzzzzzzzzzzzzzzzz. PERMITTED USES OF OPEN SPACE

(1) Conservation and protection of any identified significant natural areas, or other environmentally sensitive areas where development might threaten water quality or ecosystems

(2) Conservation and protection of any identified important historic resources

(3) Provision of active and/or passive outdoor recreation

(4) Walking or bicycle trails

(5) Landscaped stormwater detention and retention areas

(6) Creation of native and/or other natural features where none exist

(7) Other uses found by the Plan Commission to be compatible with the proposed design and consistent with the purposes of this section

aaaaaaaaaaaaaaaaaaaaaaaaaaaaaa. ALLOWABLE STRUCTURES. Any structure accessory to a recreation or conservation use consistent with the intent of the open space area may be erected within the open space, subject to Plan Commission approval.

bbbbbbbbbbbbbbbbbbbbbbbbbbbbbb. OWNERSHIP OF OPEN SPACE

(1) Designated open space shall be set aside in an irrevocable conveyance in a form that is acceptable to the Plan Commission.

(2) Conveyance of designated open space shall be made to one or more of the following entities:

cccccccccccccccccccccccccccccc. The City or other public agency

dddddddddddddddddddddddddddddd. A non-profit organization, the principal purpose of which is the conservation or preservation of open space. Such organization shall be acceptable to the Plan Commission as a bona fide conservation organization.



eeeeeeeeeeeeeeeeeeeeeeeeeeeeee. A corporation or trust owned, or to be owned, by the owners of lots or residential units within the development (i.e., a homeowners association) and placed under conservation restriction

(1) Management of open space. An open space management plan shall be submitted with the application. At the primary plat and Development Plan stage, the plan may be conceptual in nature but shall include enough detail to satisfy the Plan Commission that it meets the following requirements. At the secondary plat and Development Plan stage, the plan shall be in fully executable form. The management plan shall include:

ffffffffffffffffffffffffffffff. Provisions for the use, restrictions of use, ownership, maintenance, and perpetual preservation of the open space areas

gggggggggggggggggggggggggggggg. Adequate provisions shall be made for a private organization with direct responsibility to, and control by, the property owners involved to provide for the operation and maintenance of all common facilities including open space, jointly shared by such property owners if such facilities are a part of the development. In such instance, legal assurances shall be provided and recorded that show the private organization is self-perpetuating.

hhhhhhhhhhhhhhhhhhhhhhhhhhhhhh. Common facilities and open space that are not dedicated to the public shall be maintained to standards assuring continuous and adequate maintenance. Common facilities and open space not dedicated to the public shall be operated and maintained at no expense to any government unit.

iiiiiiiiiiiiiiiiiiiiiiiiiiiiii. Estimates of the costs and staffing requirements needed for maintenance and operation of, and insurance for, the open space, and an outline of the means by which such funding will be obtained or provided

Filing Procedure

The authorization of a Planned Unit Development shall be subject to the following procedures:

jjjjjjjjjjjjjjjjjjjjjjjjjjjjjj. A petition for rezoning to an appropriate Planned Unit Development classification shall be submitted, which shall be signed by the owner or owners of all real estate involved in the petition for the Planned Unit Development. Said petition shall have attached thereto letters of consent of all such owners prior to the filing of such petition to request to change the included real estate to a Planned Unit Development classification.

(1) Any person or group of persons united in interest, acting jointly, and in pursuance to an agreement to carry out a proposal may propose a Planned Unit Development District in accordance with the procedures hereinafter established. Such person or group of persons making such proposal, however, must demonstrate the requisite capabilities to carry out such a proposal.



(2) A parcel or site proposed for a Planned Unit Development need not be under single ownership where the proposed development consists of a group of structures or improvements capable of being developed separately but in accordance with a single, unitary plan, and in which the separate owners have given their expressed intentions to enter into such private agreements between or among themselves as will facilitate their mutual enterprise, and assure its completion as planned to the satisfaction of the Plan Commission.

kkkkkkkkkkkkkkkkkkkkkkkkkkkkkk. The petition, which shall include a Preliminary Development Plan and plat for any area proposed for development as a Planned Unit Development, shall be filed with the Plan Commission.

Preliminary Development Plan

The following shall be included in the Preliminary Development Plan.

llllllllllllllllllllllllllllll. A vicinity map to scale, showing existing property lines, streets, existing and proposed zoning, and such other items as the Plan Commission may require to show the relationship of the Planned Unit Development to the Comprehensive Plan and to existing developments, schools, and other community facilities and services;

mmmmmmmmmmmmmmmmmmmmmmmmmmmmmm. The approximate location, layout and type of land use categories within the area, including proposed densities of said uses;

nnnnnnnnnnnnnnnnnnnnnnnnnnnnnn. A general statement of the covenants to be made a part of the Planned Unit Development as well as the order and estimated time of development;

oooooooooooooooooooooooooooooo. General description of, location of, and types of structures on the site;

pppppppppppppppppppppppppppppp. Proposed layout of streets, open space, and other basic elements of the plan;

qqqqqqqqqqqqqqqqqqqqqqqqqqqqqq. Proposals for handling traffic, parking, sewage disposal, drainage, tree preservation and removal, lighting, signage, landscaping, exterior renovation or altering of existing structures, or demolition of existing structures;

rrrrrrrrrrrrrrrrrrrrrrrrrrrrrr. A statement of the proposed order of development of the major elements of the project, including whether the development will be in phases and, if so, the order and content of each phase

ssssssssssssssssssssssssssssss. The preliminary plan shall be presented in triplicate and to a scale ratio not to exceed 100'=1". The preliminary plan may include any additional graphics which will explain the features of the development.

tttttttttttttttttttttttttttttt. Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within five (5) years; including a statement of all the ownership and beneficial interests in the tract of land and the proposed development; and

uuuuuuuuuuuuuuuuuuuuuuuuuuuuuu. In the case of office, commercial, industrial, or mixed-use planned unit development, a statement identifying the principal type of office,



business, industrial, and/or other uses to be included in the proposed development.

(1) The Zoning Administrator will receive all PUD applications and review for completeness. Any applications lacking necessary information will be deemed incomplete and returned to the applicant.

Preliminary Development Plan Agency Review

The Zoning Administrator shall make a preliminary review of the plan for completeness, adherence to this Ordinance and standards of the community, and the Comprehensive Plan. The Zoning Administrator shall provide written comment of their findings.

vvvvvvvvvvvvvvvvvvvvvvvvvvvvvv. The Zoning Administrator will forward the preliminary development plan application to the Technical Advisory Committee (TAC) for review. This review is intended to familiarize agencies under the TAC with the application and to allow feedback to the applicant regarding the proposed application. No approval is given as part of this step, and suggestions made by the TAC are advisory only and meant to assist the applicant.

wwwwwwwwwwwwwwwwwwwwwwwwwwwwww. The TAC will have ten (10) working days to review the application and offer written comment to the Zoning Administrator.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx. Within twenty-five (25 days) after the application is filed, the Zoning Administrator shall meet with the applicant regarding the preliminary development plan application and TAC comments. TAC members may attend this meeting to provide comments.

yyyyyyyyyyyyyyyyyyyyyyyyyyyyyy. After such consultation, the petitioner may make modifications to the petition.

Preliminary Development Plan Procedure

After the meeting described above and after the petitioner makes any modifications to the preliminary development plan application, the applicant shall file the final preliminary development plan application in triplicate, labeled as “Final Proposed Preliminary Plan”, which shall include:

(1) All documents included in the preliminary development plan application

(2) An index identifying all documents included in the preliminary development plan application

(3) A cover sheet indicating that it is the “Final Proposed Preliminary Plan” and indicating the date and zoning case number

zzzzzzzzzzzzzzzzzzzzzzzzzzzzzz. The application must be bound or stapled together and all documents therein reduced to a size no larger than eight and one-half (8 1/2) × fourteen (14) inches except for the maps, sketches and plat (if any).

aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa. Such Final Proposed Preliminary Plan application shall be filed with the Zoning Administrator at least ten (10) days prior to the preliminary plan hearing.



Preliminary Plan Hearing

bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb. The petition, if and as modified, shall then by heard by the Plan Commission as a petition for zoning map amendment and subject to the following procedures:

(1) Public Notice: The petitioner shall be responsible for publishing and mailing public notice pursuant to the Plan Commission Rules of Procedure.

(2) A public hearing shall be held in accordance with the Plan Commission Rules of Procedures.

ccccccccccccccccccccccccccccccc. After conduction of the public hearing, the Plan Commission shall:

(1) Certify and forward the petition to the City Council with:

i. A favorable recommendation;

ii. A negative recommendation; or

iii. No recommendation.

(2) Continue the petition to a definite future meeting date.

i. The application may be granted a Continuance by: a request of the Zoning Administrator, City Council, applicant, remonstrator, or interested party; an indecisive vote; or a determination by the Plan Commission that additional information is required prior to action being taken on the request. Granting of Continuances shall be in accordance with any adopted Rules of Procedure.

ii. The Zoning Administrator or Plan Commission may permit or require the applicant to make written conditions or commitments concerning the use or development of the approved Final Proposed Preliminary Plan application or may impose conditions upon the approval of the application.

ddddddddddddddddddddddddddddddd. The City Council shall:

(1) Adopt the Final Proposed Preliminary Development Plan;

(2) Adopt the Final Proposed Preliminary Development Plan with written conditions and/or commitments;

(3) Return the Final Proposed Preliminary Development Plan to the Plan Commission with proposed amendments; or

(4) Deny the Final Proposed Preliminary Development Plan.

i. The City Council may permit or require the applicant to make written conditions commitments concerning the use or development of the approved Final Proposed Preliminary Plan application or may impose conditions upon the approval of the application. Where an owner has failed to comply with any condition and/or commitment permitted through approval of the application, the City Council may authorize such action as it may



deem appropriate to obtain compliance by the owner with the condition or commitment of approval of the application, or with the terms of this Ordinance in the same manner as if the application had not been approved.

eeeeeeeeeeeeeeeeeeeeeeeeeeeeeee. Approval of the Final Proposed Preliminary Plan by the City Council shall be stamped “Approved Preliminary Planned Unit Development” and be signed by the President and Secretary of the Plan Commission. One (1) copy shall be permanently retained in the Office of the Plan Commission, one (1) copy shall be returned to the petitioner, and one (1) copy and all conditions shall be certified as described in (e) below.

fffffffffffffffffffffffffffffff. The Approved Preliminary Planned Unit Development shall then be certified to the City Council for adoption as a Planned Unit Development District pursuant to the laws governing proposals to change zoning maps. Upon adoption by the legislative body, the petitioner shall prepare the final detailed plan.

ggggggggggggggggggggggggggggggg. The Approved Preliminary Planned Unit Development approved by the City Council shall act as a zoning map and text amendment and an overall guide for the Planned Unit Development, setting forth concepts that shall be consistent in the Final Development Plan.

hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh. The petitioner shall record the written commitments in the Office of the Lake County Recorder’s office within thirty (30) days of the approval of the Approved Preliminary Planned Unit Development. The petitioner shall deliver a copy of the recorded commitment to the Zoning Administrator before filing a Final Development Plan.

iiiiiiiiiiiiiiiiiiiiiiiiiiiiiii. Approved commitments or conditions made under this section may be modified or terminated only by a decision of the City Council at a public hearing.

Final Detailed Plan

The purpose of a secondary review of the Final Detailed Plan is to provide the details for the construction of individual portions of the Planned Unit Development. Typical construction plans are submitted, and final plats are recorded. After approval of the Approved Preliminary Planned Unit Development, the developer shall submit a Final Detailed Plan in accordance with established procedures of this Ordinance. The Final Detailed Plan shall be in general conformance with the Approved Preliminary Planned Unit Development as approved by the City Council. The Final Detailed Plan shall be certified by a licensed professional engineer or licensed land surveyor.

jjjjjjjjjjjjjjjjjjjjjjjjjjjjjjj. An application for the approval of the Final Detailed Plan shall be filed with the office of the Zoning Administrator by all owners, or their designee, of the property for which the Planned Unit Development is proposed. Each application shall be signed by the owner, attesting to the truth and exactness of all information supplied on the application for the Final Detailed Plan. At a minimum, the application shall contain the following information:

(1) A minimum of seven sets of the Final Detailed Plan;



(2) Any changes necessary to the survey of the proposed development site, showing the dimensions and bearing of the property lines, area in acres, topography, and existing features of the development site, including major wooded areas, structures, streets, easements, utility lines, and land uses;

(3) All information required on the Preliminary Planned Unit Development plan, the location and sizes of lots, location and proposed density of dwelling units, nonresidential building intensity, and land use considered suitable for adjacent properties;

(4) A schedule for the development of units to be constructed in progression, a description of the design principles for buildings and streetscapes, and tabulation of: the number of acres in the proposed project for various uses; the number of housing units proposed by the type and standards for height; open space; building density; parking areas; public improvements proposed for each unit of the development; and whether the applicant proposes an exception from standard zoning districts or other Ordinances governing development;

(5) Engineering feasibility studies and plans showing, as necessary, water, sewer, drainage, electricity, telephone, waste disposal facilities, street improvements, and nature and extent of earth work required for site preparation and development;

(6) Development plan showing buildings, various functional use areas, circulation, and their relationship;

(7) Preliminary building plans, including floor plans and exterior elevations;

(8) Landscaping plans;

(9) If a Planned Unit Development is to be constructed in stages or units, a schedule for the development of such stages or units;

(10) If a Planned Unit Development includes provisions for common open space or recreational facilities, a statement describing the provision that shall be made for the care and maintenance of such open space or recreational facilities. If it is proposed that such open space be owned and/or maintained by any entity other than a governmental authority, copies of the proposed Chapters of incorporation and bylaws of such entity;

(11) Deed restrictions, restrictive/protective covenants, and other legal statements or devises to be used to control the use, development, and maintenance of the land and the improvements thereon, including those areas which are to be commonly owned and maintained;

(12) Evidence that the applicant has sufficient control over the land in question to initiate the proposed development plan within seven (7)



years, including a statement of all the ownership and beneficial interests in the tract of land and the proposed development;

(13) Financial assurance for the satisfactory installation of all public improvements in the form of bonds or such other assurances as are required in the normal procedures of platting pursuant to the provisions of Chapter 6.4 Surety of this ordinance; and

(14) One (1) copy of the Preliminary Development Plan.

Final Detailed Plan Agency Review

The Zoning Administrator shall make a preliminary review of the plan for completeness, adherence to this Ordinance and standards of the community, and the Comprehensive Plan. The Zoning Administrator shall provide written comment of their findings.

kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk. The Zoning Administrator will forward the Final Detailed Plan to the TAC for review. This review is intended to familiarize agencies within the Technical Advisory Committee with the plan and to allow feedback to the applicant regarding the proposed plan. No approval is given as part of this step, and suggestions made by the TAC are advisory only and meant to assist the applicant.

lllllllllllllllllllllllllllllll. The TAC will have ten (10) working days to review the application and offer written comment to the Zoning Administrator.

mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm. Within twenty-five (25) days after the application is filed, the Zoning Administrator shall meet with the applicant regarding the final development plan application and TAC comments. TAC members may attend this meeting to provide comments.

nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn. After such consultation, the petitioner may make modifications to the petition.

Secondary Review Procedure

The following procedures govern the secondary review procedure for the Final Detailed Plan.

ooooooooooooooooooooooooooooooo. After the meeting described above and after the petitioner makes any modifications to the final detailed plan, the applicant shall file the Final Detailed Plan application.

ppppppppppppppppppppppppppppppp. Before the secondary hearing, the Zoning Administrator shall determine whether:

(1) The proposed development can be initiated within three (3) years of the date of approval;

(2) Each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained. In addition, the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial



effect which could not be achieved under standard district regulations;

(3) The streets as proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the Planned Unit Development;

(4) Any proposed commercial development can be justified at the locations proposed;

(5) Any exception from standard district requirements is warranted by the design and other amenities incorporated in the Final Development Plan, in accordance with the Planned Unit Development;

(6) The area surrounding the development can be planned and zoned in coordination and substantial compatibility with the proposed development;

(7) The Planned Unit Development is in general conformance with the Comprehensive Plan of the City;

(8) The existing and proposed utility services are adequate for the uses provided; and

(9) The proposed open spaces are adequate and appropriate as identified in this Chapter.

Secondary Review Hearing

qqqqqqqqqqqqqqqqqqqqqqqqqqqqqqq. The Plan Commission shall conduct the secondary review hearing according to the procedures outlined in the Plan Commission Rules of Procedure.

rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr. Any covenants must be submitted for review by the Plan Commission to make sure no conflict exists with the Zoning Ordinance.

(1) The Plan Commission may require the recording of covenants for any property devoted to any reasonable public or semi-public purposes.

(2) Adequate provision shall be made for a private organization with direct responsibility to, and control by, the property owners involved to provide for the operation and maintenance of all common facilities, including private streets that meet City construction standards, jointly shared by such property owners if such facilities are a part of the development. In such instance legal assurances shall be provided and recorded which show that the private organization is self-perpetuating.

(3) All private streets shall meet City Street Classifications and shall be maintained by the mentioned private organization in such a manner that adequate access is provided at all times to vehicular traffic so that fire, police, health, sanitation, and public utility vehicles can serve the properties contiguous or adjacent thereto,



and so that these vehicles will have adequate turning area. All streets and roadways not dedicated to the public shall be operated and maintained at no expense to any governmental unit.

sssssssssssssssssssssssssssssss. Approval shall expire and may be revoked if construction on the project has not begun within three (3) years from the date of issuance of the approval, and such requirement shall be clearly stated on the application.

ttttttttttttttttttttttttttttttt. The approved Final Detailed Plan or phase thereof shall be stamped "Approved Final Detailed Planned Unit Development" and be signed by the President and Secretary with one (1) copy permanently retained in the office of the Plan Commission following recordation as specified.

uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu. Unless extended by the Plan Commission, approval of the first phase of the final detailed plan shall be obtained within three (3) years. Approval of the balance of the final detailed plan shall be obtained within seven (7) years after the date of adoption of the Planned Unit Development District by the City Council.

vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv. In the event that approval of a Final Detailed Plan is not timely obtained, the Plan Commission may initiate an amendment to the zoning map relating to said land.

wwwwwwwwwwwwwwwwwwwwwwwwwwwwwww. In the exercise of continuing jurisdiction, the Zoning Administrator may from time to time approve only minor modifications of the Approved Final Detailed Planned Unit Development in a manner consistent with the Approved Preliminary Planned Unit Development. Such modifications shall not include any increase in density, any lessening of aesthetic treatments, any alteration of frontage or building location, any change in type of use, or any change in access points.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx. Approved Final Detailed Planned Unit Development shall expire after a period of seven (7) years from the approved phasing of the preliminary plan unless the development is fifty (50) percent completed in terms of public improvements, including streets, parks, walkways, utility installations, and sanitary sewers. Determination of the amount of completion shall be made by the Plan Commission upon a recommendation of the Zoning Administrator. Following expiration of the Approved Final Detailed Planned Unit Development, the City of Whiting shall declare the bond to be in default and cause all public improvements to be installed according to the final detailed plans.

Covenants and Maintenance

yyyyyyyyyyyyyyyyyyyyyyyyyyyyyyy. All covenants, when required by the Plan Commission, shall be set forth in detail and shall provide for a provision for the release of such restriction by execution of a document so stating and suitable for recording, signed by the Plan Commission President and Secretary, upon authorization by the Plan Commission, and all of the owners of property in the area involved in the petition for whose benefit the covenant was created. Such covenants shall provide that their benefits run to the Plan Commission and shall be specifically enforceable by the Plan Commission in addition to the property owners.



zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz. The Plan Commission may require the recording of covenants for any reasonable public or semipublic purpose, including, but not limited to, the allocation of land by the petitioner for public thoroughfares, parks, schools, recreational facilities, and other public and semi-public purposes. Such covenants shall provide that if a governmental unit or agency thereof does not proceed with acquisition of the allocated land within a specified period of time, the covenants shall automatically terminate. If such termination occurs, the petitioners shall then submit for approval by the Plan Commission a modified Final Detailed Plan for such land, otherwise consistent with the approved Preliminary Planned Development.

aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa. The Plan Commission may require the recording of covenants for any other reasonable purpose, including, but not limited to, imposing standards for development of property in a Planned Unit Development. Such development standards may include, but are not limited to, requirements as to the following:

(1) Lot area

(2) Floor area

(3) Ratios of floor space to land space

(4) Area in which structures may be built ("buildable area")

(5) Open space

(6) Setback lines and minimum yards

(7) Building separations

(8) Height of structures

(9) Signs

(10) Off-street parking and loading space

(11) Design standards (including landscaping requirements)

(12) Phasing of development

bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb. Adequate provision shall be made for a private organization with direct responsibility to, and control by, the property owners involved to provide for the operation and maintenance of all common facilities, including private streets jointly shared by such property owners, if such facilities are a part of the Planned Unit Development. In such instance, legal assurances shall be provided and recorded which show that the private organization is self-perpetuating.

cccccccccccccccccccccccccccccccc. Common facilities which are not dedicated to the public shall be maintained to standards assuring continuous and adequate maintenance. Common facilities not dedicated to the public shall be operated and maintained at no expense to any governmental unit.

dddddddddddddddddddddddddddddddd. All private streets shall be maintained by the aforementioned private organization in such a manner that adequate access is provided at all



times to vehicular traffic so that fire, police, health, sanitation, and public utility vehicles can serve the properties contiguous or adjacent thereto, and so that said vehicles will have adequate turning area. All streets and roadways not dedicated to the public shall be operated and maintained at no expense to any governmental unit.

Recording

All Approved Final Detailed Planned Unit Development plans and plats and modifications thereof shall be recorded in the Office of the Lake County Recorder within three (3) years after approval, but before any development takes place. Failure to so record shall automatically void the Approved Final Detailed Planned Unit Development. If upon completion of all development, the exact measurements as to the location of buildings or structures erected during the development are deemed desirable for public record by recording thereof, the developer may submit a copy of the Approved Final Detailed Planned Unit Development to the Zoning Administrator as an amended Approved Final Detailed Planned Unit Development with the exact measurements thereon shown, and upon being satisfied that the measurements are substantially the same as indicated on the original Approved Final Detailed Planned Unit Development, the Zoning Administration shall reapprove, date and sign said amended Approved Final Detailed Planned Unit Development, which the developer shall then record.

Permit

An Improvement Location Permit shall be issued for a Planned Unit Development District upon full compliance with the Approved Final Detailed Planned Unit Development.

Construction

The following procedures shall govern construction of the Planned Unit Development:

eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee. No construction or installation work shall be done on any public improvements until the petitioner has, at least twenty-four (24) hours in advance, notified the appropriate government inspector(s) of his intention to begin such work, in order that inspections may be made as work progresses.

ffffffffffffffffffffffffffffffff. All development shall be in conformity with the approved and recorded final detailed plan and Planned Unit Development District Ordinance and any material deviations from the approved and recorded final detailed plan shall be subject to appropriate enforcement action as provided for in this Ordinance.

Extensions, Abandonment, and Expiration

gggggggggggggggggggggggggggggggg. Extensions of the time for accomplishing any matters set forth within this Ordinance may be granted by the Plan Commission at a public hearing for good cause shown.

hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh. Upon the abandonment of a development authorized under this section (abandonment shall be deemed to have occurred when no improvements have been made pursuant to the Approved Final



Detailed Planned Unit Development for thirty-six (36) consecutive months), or upon the expiration of seven (7) years from the approval of a Final Detailed Planned Unit Development for a development which has not been completed, an amendment may be initiated as provided by law to the zoning map so that the land will be zoned into a category or categories which most nearly approximate its then existing use or such other zoning category or categories which the legislative body deems appropriate.

Rules of Procedure

All proceedings brought under this section shall be subject to the Rules of Procedure of the Plan Commission, where not inconsistent with the procedure otherwise stated herein.

Limitation of Rezoning

The Plan Commission shall not initiate any amendments to the zoning map concerning the property involved in a Planned Unit Development before completion of the development as long as the development is in conformity with the Approved Final Detailed Planned Unit Development and is proceeding in accordance with the time requirements imposed herein.

PUD Amendment Process

The Zoning Administrator may approve only minor modifications of the Approved Final Detailed Planned Unit Development in a manner consistent with the approved development. Such modifications shall not include any increase in density, any lessening of aesthetic treatments, any alteration of frontage or building location, any change in type of use, or any change in access or circulation, or drainage.

iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii. The Zoning Administrator shall have discretion on the amount of changes allowed to be made on changes to the Approved Final Detailed Planned Unit Development before going back to the Plan Commission.


4.0NON-CONFORMING USES

NON-CONFORMING USESGeneral Purpose

Non-conforming uses are declared by this Ordinance to be incompatible with permitted uses in the Districts in which such uses are located. These were lawful before this ordinance was passed or amended, but they are prohibited, regulated, or restricted under the terms of this ordinance or may be under future amendments hereto. It is the intent of this ordinance to permit these nonconforming uses to continue until they are removed but not to encourage their survival. Within the districts established by this ordinance or by amendments that may later be adopted, there may exist, singularly or in combination:

jjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjj. Nonconforming lots;

kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk. Nonconforming structures;

llllllllllllllllllllllllllllllll. Nonconforming uses of land; and

mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm. Nonconforming uses of land and structures in combination.

A nonconforming lot, structure or use of land shall not be extended or enlarged after passage of this Ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be generally prohibited in the District in which such use is located.

To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building or development on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been carried on diligently. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that the work shall be carried on diligently. Actual construction is hereby defined as work done which is beyond the preparation stage and into that stage where the changes or additions are made permanent.

The process for determining abandonment shall be followed by the process set forth in the 7.9 Notice of Abandonment.

Non-Conforming Lots of Recordnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn. In the Single Family Detached District (R-SF), Medium Density

Residential Special Zone District (R-MD-SZ) and the High Density Residential Special Zone District (R-HD-SZ), notwithstanding limitations imposed by other provisions of this Ordinance, a single-family dwelling and customary accessory structures may be erected on any single legal lot of record as of the effective date of the adoption of this Ordinance. The lot must be in separate ownership, included in a subdivision of record in the Office of the Lake County Recorder, and not of contiguous

Repairs and Maintenance1 City of Whiting Unified Development Ordinance


frontage with other lots in the same ownership. This provision shall apply even though the lot fails to meet the requirements for area or width or both that are generally applicable to the district. Yard dimensions, including yard requirements not involving area or width of the lot, shall conform to the regulations for the district in which the lot is located. Variances of requirements listed in Section 7.0 of this ordinance, other than lot area or lot width, shall be obtained only through action of the Board of Zoning Appeals. (Note: This section shall apply only to single-family residences.)

oooooooooooooooooooooooooooooooo. If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this ordinance and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Ordinance, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with the lot width and area requirements established by this ordinance, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this ordinance.

pppppppppppppppppppppppppppppppp. A nonconforming lot may be continued but may not be extended, expanded, or changed unless to a conforming use.

qqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqq. If any nonconforming use of lot ceases for any reason for a period of more than twelve (12) consecutive months, the land, structure, or structure and land in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.

Non-Conforming Structuresrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr. Where a lawful structure exists at the effective date of adoption or

amendment of this ordinance that could not now be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provision:

(1) No such structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

ssssssssssssssssssssssssssssssss. Any nonconforming structure damaged or destroyed by fire, flood, explosion, or other casualty to the extent of not more than fifty (50) percent of the fair market value of the building immediately prior to the damage, may be reconstructed and used as before if the following apply:

(1) Reconstruction has begun within twelve (12) months of the casualty and construction completed within thirty-six (36) months of commencement. An extension may be granted by the Board of Zoning Appeals.

Non-Conforming Uses or Structures and Land in CombinationCity of Whiting Unified Development Ordinance 2


(2) The restored structure has no greater coverage and contains no greater cubic content than before the casualty.

(3) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

tttttttttttttttttttttttttttttttt. Any nonconforming structure damaged or destroyed by fire, flood, explosion, or other casualty to the extent of more than fifty (50) percent of the fair market value of the building immediately prior to the damage, may not be reconstructed and used as before.

uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu. If no structural alterations are made, any nonconforming use of a structure may be changed to another nonconforming use provided that the Board of Zoning Appeals approves of the change.

vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv. If any nonconforming structure ceases for any reason for a period of more than twelve (12) consecutive months, the land, structure, or structure and land in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.

Non-Conforming Uses of LandWhere, at the time of adoption of this ordinance, lawful uses of land exist which would not be permitted by the regulations imposed by this ordinance, the uses may be continued so long as they remain otherwise lawful, provided:

wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww. No such conforming uses shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx. No such nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this ordinance.

yyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyy. If any such nonconforming uses of land are discontinued or abandoned, as defined in the Section 7.9 Notice of Abandonment for more than one year (except when government action impedes access to the premises), any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.

zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz. No additional structure not conforming to the requirements of this ordinance shall be erected in connection with such nonconforming use of land.

aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa. A nonconforming use of land may be continued but may not be extended, expanded, or changed unless to a conforming use.

bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb. An existing nonconforming use which occupies only a portion of an existing structure may be extended throughout the structure, provided the change or extension does not eliminate, displace, prevent, or restrict the continuance of any then existing use being concurrently carried on in the structure which conforms with the requirement of this Ordinance.



ccccccccccccccccccccccccccccccccc. If any nonconforming use of land ceases for any reason for a period of more than twelve (12) consecutive months, the land, structure, or structure and land in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.

ddddddddddddddddddddddddddddddddd. Accessory dwelling units in existence prior to the adoption of this ordinance shall be considered pre-existing, nonconforming uses and shall follow the standards set forth in this section.

Non-Conforming Uses or Structures and Land in Combinationeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee. If a lawful use involving individual structures, or a structure and land in

combination, exists at the effective date of adoption or amendment of this ordinance that would not now be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1) A nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building.

(2) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.

(3) When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned as defined in the Section 6.9 Notice of Abandonment for more than one (1) year (except when government action impedes access to the premises), the structure or structure and land in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located.

(4) Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

fffffffffffffffffffffffffffffffff. A nonconforming use of land, or structure, or both in combination may be continued but may not be extended, expanded, or changed unless to a conforming use.

ggggggggggggggggggggggggggggggggg. If no structural alterations are made, any nonconforming use of a structure and land, may be changed to another nonconforming use provided that the Board of Zoning Appeals approves of the change.

hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh. If any nonconforming use of lot, use of land, or structure, or in combination ceases for any reason for a period of more than twelve (12) consecutive months, the land, structure, or structure and land in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.



Distinction Between Illegal Non-Conforming and Legal Non-Conforming Structures and Usesiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii. An illegal nonconforming use is:

(1) A use, lot or structure that was constructed in violation of this Ordinance; or

(2) A use that was initiated in violation of this Ordinance; or

(3) A use that was legally initiated, but abandoned for a period of one (1) year.

jjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjj. An illegal nonconforming use or structure is subject to actions and penalties allowed by the Zoning Ordinance and all other applicable City laws. Such structure or use shall be made to conform to all applicable standards and regulations of this Ordinance.

kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk. A legal nonconforming structure or use results from a change in the provisions of the ordinance that renders non-compliant a structure or use that previously conformed to the ordinance. The non-compliance is not a result of the fault or inappropriate action of the owner, tenant, or property manager

Repairs and Maintenancelllllllllllllllllllllllllllllllll. On any nonconforming structure or portion of a structure containing a

nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten (10) percent of the current replacement cost of the nonconforming structure and market value of real estate, or nonconforming portion of the structure, whichever the case may be, provided that the cubic content existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm. Any nonconforming use damaged or destroyed by fire, flood, explosion, or other casualty to the extent of not more than fifty (50) percent of the fair market value of the building immediately prior to the damage, may be reconstructed and used as before if the following apply:

(1) Reconstruction has begun within twelve (12) months of the casualty and construction completed within thirty-six (36) months of commencement. An extension may be granted by the Board of Zoning Appeals,

(2) The restored structure has no greater coverage and contains no greater cubic content than before the casualty.

(3) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.



nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn. Any nonconforming use damaged or destroyed by fire, flood, explosion, or other casualty to the extent of more than fifty (50) percent of the fair market value of the building immediately prior to the damage may not be reconstructed and used as before.


5.0SPECIAL PROVISIONS

SPECIAL PROVISIONSAccessory Uses and Structures

ooooooooooooooooooooooooooooooooo. Incidental Accessory Structures. Accessory uses such as the following are considered incidental accessory structures and are authorized in all districts. These incidental accessory structures do not require Improvement Location Permits prior to construction:


(2) Curbs

(3) Fences under one (1) foot

(4) Lamp posts

(5) Name plates



(8) Walks

(9) Decks, porches, or patios less than eighteen (18) inches off the ground

(10) Accessory Buildings or garages less than 100 square feet in area

(11) Storage sheds less than 100 square feet in area

ppppppppppppppppppppppppppppppppp. The following accessory structures are permitted in all zoning districts and require an application for an ILP certifying that all applicable property development standards and requirements of the ordinance have been met.

(1) Accessory Buildings over 100 square feet in area

(2) Garages over 100 square feet in area

(3) Carports

(4) Enclosed patios

(5) Bath Houses

(6) Gazebos

(7) Cabanas

(8) Fences over one (1) foot

(9) Green Houses

(10) Storage Sheds larger than 100 square feet in area

(11) Driveways

Telecommunications Dishes and Antennas1 City of Whiting Unified Development Ordinance

5.0 SPECIAL PROVISIONS

(12) Parking spaces

(13) Retaining Walls

(14) Decks, porches, or patios greater than eighteen (18) inches off the ground

(15) Antennas and amateur radio towers over thirty (30) feet in height measured from the ground

qqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqq. Any accessory structure may not be erected before the construction of principal structures.

rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr. All accessory structures shall be clearly subordinate in height, area, bulk extent, and purpose to the primary structure and shall not exceed the required heights, setbacks, or area standards, unless otherwise noted in the Ordinance.

(1) Accessory structures shall meet all setback requirements of the zoning district.

(2) Accessory structures shall not encroach on any platted easements.

sssssssssssssssssssssssssssssssss. The Zoning Administrator shall determine whether or not accessory uses are permitted based on consistency of each use with the intent of the district in which it is located.

ttttttttttttttttttttttttttttttttt. Accessory Dwelling Units. Accessory Dwelling Units are not permitted within any zoning district within the City.

Temporary Uses and StructuresThe following temporary uses shall be permitted in all zoning districts subject to approval by the Zoning Administrator based on their decision that the use will accommodate the temporary needs or properties and land uses, ensure that temporary uses do not become permanent without proper examination, and do not detrimentally affect the health, welfare, safety, or morals of the neighborhood under consideration for such use.

uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu. Construction buildings. Temporary structures and buildings incidental to construction work are permitted, but must be removed upon completion of the construction.

vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv. Applicable Development Standards. Temporary structures must meet all development standards for a permanent accessory structure unless otherwise specified in this section.

wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww. Temporary Structure Time Limits. Any temporary structure used for a permitted primary use may be permitted for up to one (1) year, unless otherwise specified by this Ordinance.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx. Permit Required. Permits may be issued for temporary structures or uses upon review by the Plan Commission. The following are general provisions that must be met before approval:

(1) Temporary uses and/or structures that seek extensions of the initial time limits established in this section may renew such permit for a

Telecommunications Dishes and AntennasCity of Whiting Unified Development Ordinance 2


use and/or structure in 30-consecutive-day increments upon review by the Zoning Administrator.






Small Wind Energy Conversion Systems A Small Wind Energy Conversion System shall be a special exception use and shall abide by the provisions of this section. These regulations governing Small Wind Energy Conversion Systems (WECS) are established to provide for appropriate locations for wind energy conversion systems, to ensure compatibility with surrounding uses, and to promote safe, effective, and efficient use of wind energy conversion systems to increase opportunities for generation of renewable energy.

yyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyy. SMALL TOWER STANDARDS.

(1) These facilities may be permitted as a principal use or an accessory use on a parcel of at least one (1) acre.

(2) Tower Type: Towers shall be of a monopole design. The Plan Commission may consider the substitution of alternative tower types in cases where structural and design considerations and location suggest a tower other than a monopole.

(3) Setback. The system shall be set back from property lines, overhead utility or transmission lines, other electrical substations, meteorological towers, primary communication towers, and all roads at least a distance equal to its total height (measured to the top of the blade in vertical position) and shall meet the applicable setback requirements of the zone district. No part of the system, including guy wire anchors, shall extend closer than thirty (30) feet to the property boundary. If the system requires to be within thirty (30) feet of the property boundary due to site constraints or optimal wind current in residential, commercial, or industrial districts, a development review shall be required by the Plan Commission. The Plan Commission shall waive any fees for the development plan review specifically for this purpose unless otherwise required in the district in which the wind energy conversion system is located.



(4) Access. Public access to the wind turbines shall be restricted through the use of a fence with locked gates, non-climbable towers, or other suitable measures.

(5) Interconnection. No small WECS shall be interconnected with a local electrical utility company until the utility company has reviewed and commented upon it. The interconnection of the WECS and utility company shall adhere to the National Electrical Code.

(6) Signs. All signs, other than the manufacturer’s or installer’s identification, "No Trespassing" signs posted with a telephone number of who to contact in the event of an emergency, or owner identification on a wind generator, tower, building, or other structure associated with a small WECS visible from any public road shall be prohibited.

(7) Height. Height of a small WECS shall not exceed sixty (60) feet, calculated as the distance from the ground to the top of the blade in vertical position.

(8) Halting Operation. All small WECS shall be equipped with a manual and automatic braking device to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, and turbine components.

(9) Clearance. Minimum clearance between blade tip and ground level is thirty (30) feet.

(10) Electrical Wires. All ground-mounted electrical wires associated with a small WECS, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires; shall be located underground.

(11) Lighting. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration (FAA).

(12) Noise. All small WECS shall be located so that the level of noise produced by the wind turbine operation heard off-site shall not exceed 55 dBA.

(13) Appearance. The wind tower shall be painted a non-contrasting gray or similar color minimizing its visibility unless otherwise required by the Federal Communications Commission (FCC) or FAA.

(14) Code Compliance. A small WECS including the tower, shall comply with all applicable state construction and electrical codes and the National Electrical Code.

zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz. ROOFTOP STANDARDS.



(1) Tower Type: Rooftop WECS shall be considered permitted accessory structures within all districts provided they comply with the height limits and setbacks established in this section. A rooftop energy conversion system shall consist of a wind turbine(s) and associated equipment for converting wind energy to power.

(2) Setback. The system shall be set back at least twenty (20) feet from the front building line, or in the case of corner lots, at least fifteen (15) feet from the front and side building line.

(3) Interconnection. No small WECS shall be interconnected with a local electrical utility company until the utility company has reviewed and commented upon it. The interconnection of the WECS and utility company shall adhere to the National Electrical Code.

(4) Height. Height of a rooftop energy conversion system shall not exceed ten (10) feet above the roof or top of the parapet, whichever is greater.

(5) Halting Operation. All rooftop energy conversion systems shall be equipped with a manual and automatic braking device to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, and turbine components.

(6) Electrical Wires. All ground-mounted electrical wires associated with a rooftop WECS, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires, shall be located underground.

(7) Lighting. A wind tower and generator shall not be artificially lighted unless such lighting is required by the FAA.

(8) Noise. All rooftop WECS shall be located so that the level of noise produced by the wind turbine operation heard off-site shall not exceed 55 dBA.

(9) Appearance. The wind tower shall be painted a non-contrasting gray or similar color minimizing its visibility unless otherwise required by the FCC or FAA.

(10) Code Compliance. A rooftop WECS including the tower, shall comply with all applicable state construction and electrical codes and the National Electrical Code.

aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa. NON-OPERATIONAL WIND ENERGY CONVERSION SYSTEMS. A condition of the special exception shall be that non-operational WECS (pole or rooftop) shall be removed.

(1) A WECS that is out of service for a continuous twelve (12) month period will be deemed to have been abandoned. The Zoning Administrator shall issue a Notice of Abandonment to the owner of a wind energy conservation system that is deemed to have been abandoned.



(2) If the WECS is determined abandoned, the owner of the WECS shall remove the wind generator from the tower at the owner’s expense within three (3) months of receipt of Notice of Abandonment. If the owner fails to remove the wind generator from the tower, the Zoning Administrator shall pursue legal action to have the wind generator removed at the owner’s expense per section 9.7 Violations and Citations.

bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb. SITE PLAN REQUIREMENTS. In addition to the requirements for a special exception application, the following shall be required to be included in the site plan for both small and rooftop WECS.

(1) Location of proposed wind system

(2) Wind system specifications, including but not limited to, manufacturer, model, rotor diameter, tower height, and tower type (freestanding or guyed)

(3) Tower foundation blueprints or drawings

(4) Tower blueprint or drawing

Telecommunications Dishes and Antennas cccccccccccccccccccccccccccccccccc. Large Satellite Television Dish. A satellite television dish which

measures greater than one meter or 1.1 yards in diameter shall comply with the following regulations:

(1) General. Large satellite television dishes must be installed and maintained in compliance with all applicable building and electrical codes as the same exist or are hereafter amended and shall require an improvement location permit be issued prior to installation.

(2) Setbacks. In all zones subject to the provisions contained herein, a large satellite television dish shall be located only in the rear yard of any lot.

(3) Aesthetic. Large satellite television dishes shall be finished in a non-garish, non-reflective color and surface which shall blend into its surroundings. In the case of a parabolic or spherical dish, said dish shall be of a mesh construction. No commercial advertising of any kind shall be displayed on the large satellite television dish.

(4) Size and Height. Maximum size for a ground-mounted parabolic, spherical or dish shall be 12 feet in diameter. No ground-mounted dish shall be greater than 15 feet in height unless otherwise approved for waiver as herein provided. The height of roof-mounted large satellite television dishes shall not exceed the lesser of the height of the dish when mounted on a standard base provided by the manufacturer or installer for ordinary operation of the dish or the height limitation provided by the zoning ordinance.

(5) Number. Only one large satellite television dish shall be permitted on any residential lot or parcel of land. In no case shall a large



satellite television dish be permitted to be placed on wheels or attached to a portable device for the purpose of relocating the entire dish on the property in order to circumvent the intentions of this section.

dddddddddddddddddddddddddddddddddd. DBS Satellite Dish. A satellite television dish which is one meter in width or less shall comply with the following regulations:

(1) Approval Requirements, DBS satellite dishes shall be subject to the following approvals:

i. The City of Whiting regulates DBS satellite dishes to ensure the safety and welfare of residents on the installation and operation of the equipment as well as the protection of community character where applicable. These regulations shall not interfere with installation and operations under the Telecommunications Act of 1996 but shall regulate safety and character where applicable.

ii. DBS satellite dishes are a permitted use and no architectural design review shall be required unless located within a historic district as designated by the City of Whiting.

iii. No improvement location permit is required for a DBS satellite dish although informal notification through email, written or verbal communications is required to the Zoning Administrator prior to the installation of any DBS satellite dish. The communications shall include the address, whether an existing dish(s) is located on the property and the approximate location of the installation on the property.

iv. Every DBS satellite dish, whether temporary or permanent, shall be subject to the review and approval of the Building Official where required by the Building Code.

(2) Development Standards. Every DBS satellite dish shall be located, designed, constructed, treated, and maintained in accordance with the standards set forth in this section.

(3) Installation and Safety Requirements

i. Every DBS satellite dish shall be installed and maintained in compliance with Section 5.4-02. Whenever it is necessary to install a DBS satellite dish near power lines, or where damage would be caused by its falling, a separate safety wire must be attached to the antenna mast or tower, and secured in a direction away from the hazard. DBS satellite dish transmission lines must be kept at least twenty-four (24) inches clear of utility lines.

ii. Every DBS satellite dish shall be adequately grounded for protection against a direct strike of lightning, with an adequate ground wire of the type approved by applicable electrical codes.

(4) Location



i. No portion of any DBS satellite dish shall extend beyond any lot lines of the subject site.

ii. DBS satellite dishes should be mounted in a manner to reduce or eliminate visibility from the street. The Zoning Administrator must be notified if functionality of the dish requires a more visible mounting location.

iii. All ground-mounted DBS satellite dishes shall be considered to be accessory buildings and shall conform to the setback requirement for such buildings for the respective zone in which said DBS antenna is located and should be located in the rear or side yard. DBS satellite dishes mounted to the ground or on accessory structures shall not exceed sixteen (16) feet in height above the grade.

(5) Height. A building-mounted DBS satellite dish may not exceed a height of 12 feet above the tallest roofline of the building.

(6) Screening and Aesthetics. DBS satellite dishes shall not be composed of materials that are excessively bright, shiny, garish, or reflective. DBS satellite dishes shall only be a neutral color.

(7) Number and Common DBS Satellite Dishes

i. Only one (1) DBS satellite dish may be installed for each dwelling unit on a parcel of property. If a new DBS satellite dish is being installed as a replacement, the existing dish must be properly removed before a new dish can be installed.

ii. For dwelling units where a common DBS satellite dish has been installed for access by all occupants or members by either the building owner or homeowners association to serve multiple dwelling units, individual dwelling units MAY NOT install their own DBS Satellite Dish.

iii. If a common DBS satellite dish has been installed after installation of individual DBS satellite dish and is made available to the owner of the individual DBS satellite dish, the individual DBS satellite dish must be removed.

eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee. Amateur Radio Antennas. Approval of an amateur radio antenna which measures greater than one meter or 1.1 yards in diameter, or an antenna that is mounted on a mast greater than 12 feet in height if mounted on the principal building or other structures on the property, exclusive of chimneys and other roof top structures on the property which conform to the height limit of the applicable zone, or exceed the height limit of the applicable zone if mounted on the ground or on an accessory structure on the property shall be governed by this ordinance.

(1) General. Amateur radio antennas must be installed and maintained in compliance with applicable building and electrical codes, as the same exist or are hereafter amended and shall require an improvement location permit be issued prior to installation.



(2) FCC License. The applicant must supply current FCC station and operator’s licenses for the facility in which an application is made.

(3) Environmental Assessment and Technical Criteria. The applicant shall supply any environmental assessment required under 47 CFR § 97.13 as well as any technical criteria required for the operation of the facility.

(4) Location. Amateur radio antennas may be ground- or roof-mounted, however, these devices shall:

i. Be located and constructed in such a manner as to reasonably ensure, in its fully-extended position, it will not fall in or onto adjoining properties

ii. Not be located within any required setback area

iii. Be retracted in inclement weather posing a hazard to the antenna

(5) Height. The height of a ground-mounted tower or roof-top antenna may not exceed the greater of the height limit applicable to the zone or 65 feet when extended by a telescoping or crank-up mechanism unless an applicant obtains a waiver for Technological Impracticality. Telescoping towers may exceed the height limits established by section B. Such towers shall comply with the height limit within the applicable zone and may only exceed the height limit of the applicable zone and/or 65-foot height limit when extended and operating and if a waiver for Technological Impracticality has been granted.

(6) Antennas on non-conforming structures. Antennas located on a nonconforming structure which exceeds the height limit of the zone in which it is located shall be limited to height limit of the zone plus twelve feet.

(7) Aesthetic. To the extent technically feasible and in compliance with safety regulations, specific paint colors may be required to allow the tower to blend better with its setting.

(8) Screening, Landscaping. Amateur radio towers shall be screened by a fence, wall, or hedge six feet in height, that reasonably screens the tower and shall be maintained in good condition.

(9) Signs Prohibited. No signs shall be placed or posted on amateur radio towers.

ffffffffffffffffffffffffffffffffff. Technological Impracticality - Request for Waiver. In the event the strict application of the provisions of this zoning code would make it impossible for the owner of a large satellite television dish of greater than one meter to receive a usable satellite signal, make it impossible for the holder of any amateur radio license to enjoy the full benefits of an FCC license or right, or in the event the property owner or licensed holder believes alternatives exist that are less burdensome to adjacent property owners, the owner or licensee contact the zoning administrator



for a waiver from these provisions. The zoning administrator may grant such a waiver upon findings that either:

(1) Actual compliance with the existing provisions of the City’s zoning ordinance would prevent the large satellite television dish from receiving a usable satellite signal or prevent an individual from exercising the rights granted to him or her by the Federal Communication Commission (FCC) by license, law or FCC regulation;

(2) The alternatives proposed by the property owner or licensee constitute the minimum necessary to permit acquisition of a usable satellite signal by a large satellite television dish or to exercise the rights granted pursuant to a valid FCC license, law, or FCC regulation.

(3) Less Burdensome Alternatives. The zoning administrator is also authorized to consider the request of adjacent property owners for waivers consistent with the provisions of paragraph (F)(1) of this section without the requirement of a finding a usable satellite signal cannot be acquired when the applicant’s adjacent property owner(s) establish the alternatives proposed by the applicant are less burdensome to the adjacent property owners than the requirements which would otherwise be imposed under this ordinance. For example, adjacent property owners may request alternative additional screening or the relocation of the antenna on the licensee’s property. The zoning administrator shall attempt to balance the impact of the tower on the views of adjacent properties, as well as the impacts of alternative screening and relocation in order to equitably distribute any negative impacts among the neighbors while imposing reasonable conditions on the antenna or dish, its location and screening that do not impair the rights granted by the FCC to the licensee.

(4) The process shall be interactive in which the zoning administrator works with the licensee to craft conditions that place the minimum burden on adjacent property owners while permitting the owner of the large satellite television dish or holder of an amateur radio license to exercise the rights which he or she has been granted by federal law. For example, the number of antennas and size of the array shall be no greater than that necessary to enjoy full use of the FCC license. Conditions may include but are not limited to requirements for screening and landscaping, review of the color, reflectivity and mass of the proposed satellite television antenna or amateur radio facilities, and other reasonable restrictions consistent with the intent of the City Council that a waiver be granted only when necessary to permit the satellite television antenna to acquire usable satellite signal or to allow the licensee to exercise the rights granted by Federal Communication Commission license while preserving the aesthetic harmony of the community. The process employed should involve the interaction of the licensee or owner and the neighborhood. Certain issues



have been pre-empted by federal law and shall not be considered by the zoning administrator. Such issues include, but are not limited to, the impacts of electromagnetic radiation, the potential interference of the amateur radio facility with electronic devices in the neighborhood and any other matter pre-empted by federal law or regulation. Impact on view and on the values of neighboring properties may be considered in imposing reasonable conditions but shall not be a basis for denial of a permit to construct the antenna.

(5) The application fee and notification for consideration of the waiver by an owner of a satellite television antenna shall be same provided for processing a variance. No fee shall be charged to the holder of a valid FCC amateur radio license.

gggggggggggggggggggggggggggggggggg. Maintenance

(1) All equipment shall be maintained in good condition and in accordance with all requirements of this section.

(2) The equipment shall meet all manufacturers' specifications, and shall be of noncombustible and corrosive-resistant material. The miscellaneous hardware, such as brackets, turnbuckles, clips, or similar type equipment subject to rust or corrosion shall be protected with a suitable coating to guard against rust and corrosion.

(3) All equipment shall be subject to periodic re-inspection. No additions, changes, or modifications shall be made to equipment, unless the addition, change or modification is in conformity with this section.


6.0SUBDIVISION CONTROL

SUBDIVISION CONTROLGeneral provisions

hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh. Title. This Section of the Whiting Unified Development Document shall be known, cited, and referred to as the "Subdivision Control Regulations for the City of Whiting, Indiana."

iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii. Intent and Purposes. The purposes of these subdivision regulations are to protect and promote the public health, safety, and general welfare, and to provide for:

(1) Guidance of future growth and development in accordance with the Comprehensive Plan and other applicable City policies and ordinances.

(2) Protection of the character, and the social, and economic stability of all parts of the area, and encouraging the orderly and beneficial development of all parts of the jurisdiction.

(3) Protection and conservation of the value of land, buildings, and other improvements upon the land, and minimizing the conflicts among the uses of land and buildings.

(4) Avoidance of scattered and uncontrolled subdivisions of land that would result in the unnecessary imposition of an excessive expenditure of public funds for the supply of services that are a part of community infrastructure.

(5) Establishment of reasonable standards and procedures for subdivisions and resubdivisions, in order to further the orderly layout and use of land; and ensuring proper legal descriptions and monumenting of subdivided land.

(6) Prevention of the pollution of air and water, provision of drainage facilities and safeguarding of the water table, and encouragement of wise use and management of natural resources in order to preserve the integrity, stability, natural beauty, topography, and value of land.

(7) Guidance of public and private policy and action to provide adequate and efficient public and private facilities, the most aesthetically pleasing and beneficial interrelationship between land use, and conservation of natural resources such as natural beauty, woodlands, open spaces, and energy, both during and after development.

(8) Causing the cost of design and installation of improvements in new, platted subdivisions to be borne by the persons purchasing the lots rather than by any direct or indirect burden upon existing property owners beyond the limits of the subdivision who have already paid for the improvements servicing their property.

Commercial and industrial subdivisions1 City of Whiting Unified Development Ordinance

6.0 SUBDIVISION CONTROL

jjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjj. Jurisdiction. This ordinance, which was enacted pursuant to Indiana home rule and planning enabling legislation (IC § 36-1-3-4 and the § 36-7-4-700 series, as amended), authorizes the Whiting Plan Commission to review and approve or disapprove plats for subdivisions within the jurisdictional area of the City of Whiting, Indiana. The Plan Commission is hereby authorized to waive any or all requirements of this section when a literal enforcement of this section would result in unnecessary hardships and when such waiver will not be contrary to the public interest.

kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk. Policy and Interpretation

(1) No owner, or agent of the owner, of any parcel of land located in a proposed subdivision shall transfer or sell any such parcel before a plat of such subdivision has been approved by the Plan Commission, in accordance with the provisions of these regulations, and filed with the Lake County Recorder.

(2) The division of any lot or any parcel of land into a subdivision, as defined in this ordinance, by the use of metes and bounds description for the purpose of sale, transfer, or lease resulting in the creation of one (1) or more new building sites shall not be permitted. All such described divisions shall be subject to all of the appropriate requirements of this ordinance.

(3) Land to be subdivided shall be of such a character that it can be developed without peril to health, flood, fire, or other menace; and land shall not be subdivided until access to available existing public facilities, improvements, and proper provisions have been made for drainage, water, sewerage, other necessary new public improvements such as schools, parks, recreation facilities, and transportation facilities adequate for serving the subdivision.

(4) No plat or re-plat of a subdivision of land located within the jurisdiction of the Plan Commission shall be recorded until it has been approved by the Plan Commission, and such approval shall have been entered in writing on the plat by the President and Secretary of the Plan Commission.

(5) No land shall be subdivided unless the intended use of the individual lot is in conformance with all provisions of this ordinance and the Comprehensive Plan, now or hereafter adopted.

(6) In all subdivisions, due regard shall be given to the preservation of historical sites and natural features such as large trees, water courses, and scenic views.

(7) In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

(8) Conflict with Public and Private Provision:

i. Public Provisions: The regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule,

Commercial and industrial subdivisionsCity of Whiting Unified Development Ordinance 2


regulation, statute, or other provision of law. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other ordinance, rule, regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.

ii. Private Provisions: These regulations are not intended to abrogate any easement, covenant, or any other private agreement or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of these regulations shall govern. Where the provisions of the easement, covenant, or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirement of these regulations, or the determinations of the Plan Commission in providing a subdivision or in enforcing these regulations, and such private provisions are not inconsistent with these regulations or determinations thereunder, then such private provisions shall be operative and supplemental to these regulations and determinations made thereunder. (Note: Private provisions can only be enforced privately, unless a public agency has been made party to such agreements.)

(9) No Improvement Location Permit or Certificate of Occupancy shall be issued for any parcel or plat of land that was created by subdivision after the effective date of, and not in conformity with, the provisions of these subdivision regulations, and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with the regulations contained herein.

(10) These regulations shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision regulations.

(11) These regulations shall not apply to the following:

i. An adjustment of lot lines as shown on a recorded plat which does not reduce the area, frontage, width, depth, or building setback lines of each building site below the minimum zoning requirements, and does not change the original number of lots in any block of the recorded plat.

ii. A division of land into two (2) or more tracts for an agricultural use.

iii. An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property.

iv. The unwilling sale of land as a result of legal condemnations as defined and allowed in the Indiana State Law.



v. Widening of existing streets to conform to the Comprehensive Plan, Thoroughfare Plan, or Capital Improvement Plan.

vi. The acquisition of street rights-of-way by a public agency in conformance with the Comprehensive Plan or Thoroughfare Plan.

vii. The exchange of land for the purpose of straightening property boundary lines which does not result in the change of the present land usage.

llllllllllllllllllllllllllllllllll. Replats. For any change in a map of an approved or recorded subdivision plat, if such change affects any street layout shown on such map, area reserved thereon for public use, or any lot line, or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions, such change shall be approved by the Plan Commission by the same procedure, rules, and regulations as for a subdivision.

Administration and definitionsmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm. Inspections and Permits.

(1) The applicant shall notify the Zoning Administrator twenty-four (24) hours prior to the planned installation of improvements with the development. The Zoning Administrator will notify the City Engineer, who shall have the responsibility for inspecting and testing street curbs, sub-bases, pavement depth and quality, sewer lines, water lines, utilities, and drainage improvements to see that they conform to the specifications of this ordinance.

(2) The City of Whiting shall reserve the right to withhold Improvement Location Permits for the remaining ten (10) percent of undeveloped lots in a final subdivision plat if the applicant has failed to install all of the improvements shown on the secondary plat and final construction plans, except for sidewalks. Sidewalks may be installed on each lot by individual builders upon development of individual lots.

(3) All fees and costs of the City Engineer in review of plats, plans, specifications, field inspection of improvements, and any other aspects of subdivision review, shall be paid by the subdivider.

(4) Disagreements shall be settled by the Plan Commission by majority vote.

(5) Fees shall be paid on a monthly billing cycle unless authorized otherwise by the Plan Commission, in accordance with the official fee schedule.

(6) The City Engineer may be an engineering firm that the Plan Commission has hired or retained to review development plans, subdivision plats and planned unit developments.



(7) Definitions. All terms used in this section, not otherwise defined herein, shall have the definitions section of this ordinance.

Procedurennnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn. General.

(1) In the development of subdivisions, the capacity of City utilities may be used to restrict the number of developable lots in any given subdivision proposal.

oooooooooooooooooooooooooooooooooo. Application for Subdivision.

(1) The subdivider shall consult informally with the Zoning Administrator and the City Engineer for advice and assistance before filing the application for a primary, secondary, or minor subdivision plat. At this meeting, the applicant should submit a conceptual layout of the plat for review.

(2) The applicant shall provide the criteria required for primary, secondary or minor subdivision plats based on the decision made with the Zoning Administrator in the consultation listed above.

(3) No application shall be accepted until all items detailed below have been completed and executed by the person proposing the subdivision, or his designee.

(4) When the applicant wishes to pursue the plat before the Plan Commission, he shall complete the requirements of Section 6.3 E and submit eight (8) copies of the proposed plat and application to the Zoning Administrator along with the appropriate fees as specified in the official fee schedule. The Zoning Administrator and/or the Plan Commission shall have fifteen (15) days in which to review the documents and to determine if there are any deficiencies of the proposed plat. The deficiencies, if any, shall be submitted to the applicant in writing.

(5) All deficiencies shall be corrected, and four (4) copies of the amended plat shall be submitted to the Zoning Administrator within ten (10) days of receiving the list of deficiencies from the Zoning Administrator.

(6) The Zoning Administrator shall announce the date for a hearing before the Plan Commission or Plat Committee within five (5) days of receiving the corrected plat

(7) Street names shall be proposed, but the final decision of the street names shall be determined by the Plan Commission.

(8) Upon placement on the agenda, and prior to the date of a hearing, the City Engineer shall review the proposal and prepare a written report to the Plan Commission or Plat Committee and applicant indicating a recommendation with regard to the subdivision being proposed.



(9) The applicant shall pay all fees of the City Engineer incurred in review of the application and inspection of the development of the subdivision.

pppppppppppppppppppppppppppppppppp. Minor Subdivision Plat Procedures

(1) The intent of this Section is to eliminate redundant requirement for minor plats which do not necessitate all of the detail of larger plats. However, the intent of this Section is not to circumvent good subdivision practices; therefore, the use of this procedure shall be limited to the division of a tract of land into four (4) residential parcels or less, fronting upon an existing street and needing no new street or infrastructure, may be granted primary approval by the Plat Committee without public notice and hearing, subject to appeal to the Plan Commission.

i. The development of an entire and contiguous city block may be considered a minor subdivision and may be granted primary approval by the Plat Committee without public notice and hearing, subject to appeal to the Plan Commission.

(2) The minor subdivision plat application shall be subject to the same basic requirements as a primary subdivision application which can be found in the Rules of Procedure.

(3) Approval. If the Plat Committee determines in the public hearing that the primary plat complies with the standards set forth in this ordinance, it shall make written findings and a decision granting primary approval to the plat. This information shall be sent to the applicant in a letter signed by the President and Secretary of the Plan Commission.

i. Approval of a primary plat by the Plat Committee is strictly tentative, involving merely the general acceptability of the layout submitted.

ii. The Plat Committee may introduce such changes or revisions as are deemed necessary forth the best interest and general welfare of the community.

(4) Disapproval.

i. If the Plat Committee disapproves a primary plat application, the Plat Committee shall make written findings and notify the applicant in writing, stating the specific reasons for disapproval. This written notice shall be signed by the President and Secretary of the Plan Commission.

ii. The applicant may submit a new application for primary plat approval but must pay all applicable fees as if it were an original application.

qqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqq. Primary Plat Procedures.

(1) The primary plat shall be submitted based on the requirements set forth in the rules of procedure.



(2) The primary plat shall be prepared and certified by a land surveyor registered by the State of Indiana.

(3) The primary plat and application for approval shall be accompanied by a certified check or money order in an amount specified in the official fee schedule of the City of Whiting as maintained in the Office of the Clerk-Treasurer and the Whiting Building and Planning Department.

rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr. Notice of Public Hearing for Primary Plats.

(1) The Zoning Administrator shall assist the applicant in the preparation of a Notice of Public Hearing to be published in a local newspaper of general circulation. The legal notice shall appear in the newspaper ten (10) days prior to the date of the public hearing, and the cost of the notice shall be borne by the applicant. A proof of publication shall be retained by the Zoning Administrator.

(2) A notice of Public Hearing to Interested Parties shall be sent by the applicant, at the expense of the applicant, to all interested parties adjacent to the proposed subdivided property ten (10) days before the date of the public hearing on the primary plat. The interested parties shall be notified by Certified Mail with Return Receipts Requested. An alternative method of notification would consist of an affidavit or proof of mailing which the applicant certifies that he has personally delivered the Notice of Public Hearings to interested parties and has obtained the signatures of each interested party to be notified. This affidavit shall be properly notarized.

(3) Legal notices shall include the all details found in the Plan Commission Rules of Procedure

i. The general location of the proposed subdivision and a legal description of the land contained therein.

ii. That the primary plat is available for examination at the office of the Whiting Clerk-Treasurer and the Whiting Building and Planning Department.

iii. That a public hearing will be held and giving the date and hour of the hearing.

iv. Written comments on the plat will be accepted prior to the public hearing and may be submitted to the Zoning Administrator for the Plan Commission.

(4) Legal notices shall comply with IC § 5-3-1.

(5) Proofs of publication, receipts of mailing, or proofs of mailing shall be submitted to the Clerk-Treasurer and the Whiting Building and Planning Department three (3) business days prior to the date of the public hearing.

(6) Names and addresses of interested parties adjacent to the subdivision site shall be presented to the Zoning Administrator at the time of primary plat application is filed.



ssssssssssssssssssssssssssssssssss. Primary Plat Approval.

(1) Approval.

i. If the Plan Commission determines in the public hearing that the primary plat complies with the standards set forth in this ordinance, it shall make written findings and a decision granting primary approval to the plat. This information shall be sent to the applicant in a letter signed by the President and Secretary of the Plan Commission.

ii. Approval of a primary plat by the Plan Commission is strictly tentative, involving merely the general acceptability of the layout submitted.

iii. The Plan Commission may introduce such changes or revisions as are deemed necessary for the best interest and general welfare of the community.

iv. The primary approval of a plat by the Plan Commission shall be certified on behalf of the Plan Commission by the President and Secretary of the Plan Commission, who shall state the approval in a letter and affix their signatures to it.

(2) Disapproval.

i. If the Plan Commission disapproves a primary plat application, the Plan Commission shall make written findings and notify the applicant in writing, stating the specific reasons for disapproval. This written notice shall be signed by the President and Secretary of the Plan Commission.

ii. The applicant may submit a new application for primary plat approval but must pay all applicable fees as if it were an original application.

tttttttttttttttttttttttttttttttttt. Secondary Plat Procedure.

(1) After ten (10) days after the approval of a minor subdivision or primary plat, the applicant may submit Eight (8) blackline or blueline reproductions of the secondary plat of the subdivision the Plan Commission or Plat Committee along with one (1) reproducible mylar transparency. All plats shall be drawn at the same scale as the primary or minor subdivision plat and shall be drawn on a sheet twenty-four (24) inches by thirty-six (36) inches in size.

(2) Secondary plats of minor subdivisions that were approved by the Plat Committee shall be submitted to the Plat Committee for secondary plat review. Primary plats heard by the Plan Commission may submit secondary plats to be heard by either the Plan Commission or Plat Committee. The Zoning Administrator shall determine if the Plan Commission or Plat Committee shall hear the secondary plat based on the size of the secondary plat application.



(3) If the Plan Commission or Plat Committee approves the secondary plat, it shall place a certification thereof on the reproduced copies. Upon the final approval of the plat, one (1) copy of the certified plat shall be forwarded to each of the following persons by the applicant:

i. Lake County Auditor and Recorder

ii. Any corporate utility company that may be affected

iii. Subdivider or applicant

iv. File of Plan Commission

v. Lake County Surveyor

vi. City Engineer

(4) The secondary plat may include all of the minor subdivision and all or only a part of the primary plat which has received approval and shall be prepared and certified by a land surveyor registered by the State of Indiana. If the secondary plat does not contain all of the land approved on the primary plat, it shall be designated by a section number in a numerical order.

(5) The secondary plat application shall include the requirements set forth in the rules of procedure.

uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu. Secondary Plat Approval.

(1) Within thirty (30) days after application for approval of the secondary plat, the Plan Commission or Plat Committee shall approve or disapprove it. If the Plan Commission or Plat Committee determines that the plat complies with the standards of this ordinance, it shall make written findings and render a decision regarding secondary approval to the plat. No notices of public hearing shall be required for secondary plat approval.

(2) The secondary approval of the plat by the Plan Commission shall be certified on behalf of the Plan Commission by the President and Secretary, who shall affix their signatures to the plat original and all other relevant documents which also may require such signatures.

(3) If the Plan Commission disapproves the secondary plat, it shall make written findings and notify the applicant in writing, stating the specific reasons for disapproval. This written notice shall be signed by the President and Secretary of the Plan Commission.

(4) Approval of the secondary plat shall be effective for a maximum period of three (3) years from the date of approval. Failure to obtain approval from the Plan Commission, record the plat with the Lake County Recorder, and commence construction of the subdivision within the three (3) year period, shall result in denial of building permits until an extension or re-submittal of application is made. For the purpose of this section, "commencing construction" means completion of the construction survey and staking.



(5) A certificate of secondary plat approval shall not be signed until a performance bond or proof or surety has been submitted to the Plan Commission, if required.

(6) No Improvement Location Permit shall be issued by the Zoning Administrator or his agent for any structures on any subdivision lots prior to the recording of said subdivision by the County Recorder of Lake County, Indiana.

(7) No Certificate of Occupancy shall be issued by the Zoning Administrator or his agent for any structure on any subdivision lots prior to installation and completion of all facilities, including grading, as shown on the development plans and approved by the Plan Commission; except that in the case of an asphalt road surface, the installation of the final surface coat may be postponed until the end of the maintenance period. The final coat of asphalt shall be installed prior to acceptance of the road for public maintenance.

(8) A plat of subdivision may not be filed with the Lake County Auditor, and the Lake County Recorder may not record it, unless it has been granted secondary approval by the Plan Commission and has been properly signed by the President and Secretary of the Plan Commission. The filing and recording of the plat is without legal effect unless approved by the Plan Commission.

(9) The subdivider shall supply one (1) copy of the recorded plat to the Zoning Administrator.

vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv. Construction Plans.

(1) It shall be the responsibility of the subdivider of every proposed subdivision to have prepared and certified by a land surveyor, landscape architect or engineer registered in the State of Indiana a complete set of construction plans, including profiles, cross-sections, specifications, and other supporting data for all required public streets, utilities, and other facilities.

(2) The final construction plans shall be based on preliminary plans which have been approved with the primary plat and shall be prepared and submitted in conjunction with the secondary plat. The plans shall show the following:

wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww. Model Homes.

(1) For the purpose of allowing the early construction of model homes in a subdivision, the Plan Commission in its discretion may permit a portion of a major subdivision involving no more than three (3) lots to be created in accordance with the procedures for minor subdivision, provided that said portion derives access from an existing public street, and provided that no future road or other improvement is anticipated where said lots are proposed. The subdivision plat for the "minor" portion shall be submitted to the Plan Commission simultaneously with the primary plat for the



entire major subdivision. Subsequent to the primary approval, the model home(s) may be constructed, subject to such additional requirements that the Plan Commission may require.

Suretyxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx. Performance Bonds.

(1) At the time when the secondary plat is approved by the Plan Commission and before the plat is signed by the officers of the Plan Commission or is recorded, the subdivider shall file a performance bond or irrevocable letter of credit with the Clerk-Treasurer and the City Council. The performance bond or letter of credit shall:

i. Be drawn in favor of the City of Whiting.

ii. Be in an amount determined by the Plan Commission to be sufficient to complete the improvements and installations in compliance with this ordinance. The subdivider's engineer shall supply an opinion of the probable cost of improvements and installation on the project to aid the Plan Commission in its determination of the amount of the bond. The engineer's opinion, however, shall not be binding upon the Plan Commission.

iii. Be with surety satisfactory to the Plan Commission and City Council.

iv. Comply with all statutory requirements and be satisfactory to the Plan Commission's Attorney as to form, sufficiency, and manner of execution as set forth in these regulations.

v. Extend for two (2) years, or eighty (80) percent complete, or as specified by the Plan Commission in the resolution approving the secondary subdivision plat.

vi. Cover the installation costs of the streets, sanitary sewers, curbs, street signs, sidewalks, and other recreational amenities, surface swales, subsurface and storm drainage systems, seeding/erosion control, landscaping, and other public improvements.

(2) The Plan Commission may, upon proof of difficulty, recommend to the City Council extension of the completion date set forth in such bond for a maximum period of one (1) additional year. The City Council may at any time during the period of such bond accept a substitution of principal or sureties on the bond upon recommendation of the Plan Commission's Attorney. The City Council shall have the authority to increase the bond amount to cover increased costs.

(3) All required improvements shall be made by the applicant, at his expense, without reimbursement by the local government or any improvement district therein.



(4) The subdivider shall be required to maintain at his expense a licensed civil engineer or engineering firm to manage the construction of the subdivision improvements. The managing engineer shall certify that the subdivision construction is in compliance with the detailed construction plans submitted to the Plan Commission during the review of the secondary plat. The managing engineer shall submit progress reports to the City Engineer as substantial steps are completed and should notify the City Engineer when important work has been scheduled so that an inspection can be made. A final report shall be submitted to the Plan Commission and the City Council by the engineer or his firm.

(5) If the City Engineer finds upon inspection that any of the required improvements have not been constructed in accordance with the construction standards and specifications, the applicant shall be responsible for correcting any errors in construction and completing the improvements in accordance with such standards and specifications. Wherever the cost of improvements is covered by a performance bond, the applicant and the bonding company shall be severally and jointly liable for completing the improvements according to specifications.

(6) If a secondary plat is divided into sections, the Plan Commission may allow for performance bonds to be submitted to cover only the cost of improvements to be constructed in each section.

yyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyy. Release of Performance Bond.

(1) The City Council and Board of Works shall not accept dedication of required improvements nor release or reduce the performance bond amount until the City Engineer has submitted a final inspection report of the subdivision. The engineer shall certify that the layout of the public improvements has been completed and properly inspected and is ready for acceptance into the City's system.

(2) The City Council and Board of Works, upon approval of the City Engineer's inspection report, shall pass a resolution accepting the improvements in the subdivision and formally releasing the performance bond.

(3) In those cases where a performance bond has been posted and required improvements have not been installed within the terms of such performance bond, the City Council may thereupon declare the bond to be in default and require that all the improvements be installed regardless of the extent of the building development at the time the bond is declared to be in default.

zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz. Other Forms of Surety.

(1) The subdivider may provide the City Council with other liquid assets in an amount equal to the required performance and maintenance bonds. Such liquid assets may include a cash escrow account, certificate of deposit, irrevocable letter of credit, money



market accounts, etc., so long as the proper documents are presented by the subdivider to the City Council giving said Council proper signatory access to the funds upon default.

Should the subdivider be required to extend site improvements to the subdivision, such as extensions of water and sewer lines owned by the City of Whiting, which may provide benefits to other properties in the vicinity of the proposed subdivision, then the subdivider and the City Council may, by contract, agree that the other property owners in the vicinity of the subdivision who wish to connect to or utilize the installation provided by the subdivider shall pay the City over a ten (10) year period a fee in an amount agreed to by the contract, and that portion of said fee shall be rebated to the subdivider in annual installments. After the installation of any utility by the applicant, an expiration date of fifteen (15) years shall be maintained. Thus, after fifteen (15) years from the time of completion, no monies shall be paid to the applicant

Principles and standards of designaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa. General.

(1) The subdivision layout shall be of such a character that it protects the health, safety, and general welfare of the residents in the jurisdiction of the Plan Commission.

(2) Whenever a proposed subdivision borders an existing street, the Plan Commission may require the reconstruction or widening of such street as a condition of plat approval. Additional dedication of right-of-way may also be required.

(3) In designing and approving subdivision streets, the following factors shall receive consideration:

i. Accessibility for emergency vehicles and school buses;

ii. Safety for both vehicular and pedestrian traffic;

iii. Efficiency of service for all users;

iv. Livability or amenities as affected by traffic elements in the circulation system; and

v. Economy of both construction and use of land.

(4) When there is a situation of unusual physical conditions or a controlled design environment in evidence, and it can be satisfactorily demonstrated to the Plan Commission that a private street is the only feasible solution, said private streets may be authorized provided pavement construction standards shall be the same as the minimum public standard and adequate covenant provisions are made for direct responsibility and control by the property owners involved to provide for the perpetual operation, liability, and maintenance of said private streets at no expense to the City of Whiting.



(5) In addition to the requirements established herein, all subdivision plats shall comply with the following rules, laws, and regulations:

i. All applicable statutory provisions.

ii. The local zoning ordinances, and ordinances including, but not limited to WMC Chapter 12: Article XII. Portable Storage Units; WMC Chapter 4: Article X. Fences and Landscaping Improvements; WMC Chapter 14.5 Sign Ordinance; WMC Chapter 4: Article VI. Swimming Pools; and WMC Chapter 15.5 Telecommunications Ordinance and building and housing codes, and all other applicable laws of the appropriate jurisdiction.

iii. The Comprehensive Plan, Thoroughfare Plan, and Capital Improvement Plan of the City of Whiting, including all public facilities, open space, and recreation plans, as adopted.

iv. The rules and regulations of the Indiana Department of Environmental Management, the Natural Resources Commission, Aeronautics Commission, Lake County Drainage Board, and other appropriate state agencies.

v. The rules, regulations, and standards of the Indiana Department of Transportation if the subdivision or lot contained therein abuts a State highway.

vi. All applicable planning and regulatory guidelines, including access control, driveway manuals, parking and traffic control ordinances, and other applicable guides published by the local governmental units.

vii. The "Indiana Manual of Uniform Traffic Control Devices" for installation of traffic control devices.

bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb. Street Standards.

(1) The street and alley layout shall provide adequate vehicular and pedestrian access to all lots and parcels of land within the subdivision and where streets cross other streets. Streets shall conform to the following principles and standards.

i. Proposed streets shall be adjusted to the contour of the land so as to produce usable lots and streets of reasonable gradient.

ii. Residential street systems shall be designed to minimize through-traffic movement, but certain proposed streets, where appropriate, shall be extended to the boundary line of the tract to be subdivided so as to provide for normal circulation of traffic within the vicinity.

iii. Wherever there exists a dedicated or platted portion of a street or alley adjacent to the proposed subdivision, the remainder of the street or alley to the prescribed width shall be platted within the proposed subdivision.



iv. Residential street patterns shall provide reasonably direct access to the primary circulation system.

v. Streets shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection of two (2) new streets at an angle of less than seventy-five (75) degrees shall not be acceptable. A street should be approximately at right angles for at least one hundred (100) feet therefrom.

vi. Not more than two (2) streets shall intersect at any one (1) point, unless specifically approved by the Plan Commission.

vii. Proposed new intersections along one (1) side of an existing street shall, wherever practicable, coincide with any existing intersection on the opposite side of such street. Street jogs with centerline offsets of less than one hundred fifty (150) feet shall not be permitted except where the intersected street has separated, dual drives, without median breaks at either such intersection. Where local streets intersect with arterial or collector streets, their alignment shall be continuous.

viii. The minimum right-of-way of residential streets shall be fifty (50) feet. All cul-de-sac shall terminate in a circulate right-of-way with a minimum diameter of one hundred (100) feet and minimum roadway diameter of eighty (80) feet. Cul-de-sac streets shall not be longer than five hundred (500) feet, unless the Plan Commission shall determine after public discussion that a greater distance better serves the interest of public health, safety, and welfare, including traffic flow considerations, such distance to be measured from the center of the turning circle to the intersection of the centerline of the cul-de-sac street and the centerline of a through street, provided, however, that if the residential streets within the subdivision have only one (1) intersection with a through street, the entire subdivision shall be considered a cul-de-sac and the distance shall be measured from the point of intersection of the subdivision street and the through street. The Plan Commission shall determine if the end of a cul-de-sac shall include a fifty (50) foot easement for future extension of the street.

ix. A temporarily dead-ended street shall be permitted in any case in which a street is proposed to be and should logically be extended but is not yet constructed. An adequate easement for a turn-around shall be provided for any such temporary dead-end street which extends two hundred (200) feet or more in length. Such easement shall be automatically vacated to abutting property owners when said dead-ended street is legally extended.

x. At the intersection of any proposed residential street with any existing street, acceleration and deceleration lanes and passing or left-turn lanes may need to be provided in



accordance with standards established by the handbook, “A Policy of Geometric Design of Highways and Streets”, by the American Association of State Transportation and Highway Officials.

xi. All street construction shall conform to the Standards for Acceptance of Municipal Improvements Manual and the American Association of State Highway and Transportation Officials (AASTHTO) Standards

ccccccccccccccccccccccccccccccccccc. Block Standards.

(1) Block length and width or acreage within bounding streets shall be such as to accommodate the size of lot required by the Zoning Ordinance for the district in which the subdivision is to be located, and to provide convenient access, circulation control, and safety of street traffic. Blocks that are unreasonably large or small will not be approved.

(2) Residential blocks should not exceed one thousand (1,000) feet in length. In the design of blocks longer than eight hundred (800) feet, the Plan Commission may specify the provision of pedestrian crosswalks near the center of the block, or wherever would be most useful to facilitate pedestrian circulation to a school, park, recreation area, shopping center, or other significant neighborhood destination. Minimum length of blocks shall be three hundred (300) feet.

(3) Blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate length. Exceptions to this prescribed block width shall be permitted in blocks adjacent to minor transportation facilities, watercourses, and industrial and commercial areas.

ddddddddddddddddddddddddddddddddddd. Lot Standards.

(1) Lot dimensions shall comply with minimum standards as specified in this ordinance.

(2) Double frontage lots shall be prohibited except where necessary to provide separation of residential development from arterial streets or to overcome specific disadvantages of topography and orientation.

(3) The lot size, width, depth, shape, grade location, and orientation shall be in proper relation to street and block design and to existing and proposed topographical conditions.

(4) All lots shall abut on a public street except where a private street has been specially approved under this ordinance.

(5) Side lines of lots shall be at approximately right angles to straight streets and on radial lines on curved streets. Some variation from this requirement is permissible, but pointed or very irregular lots should be avoided.



(6) Building setback lines shall conform to the provisions of this ordinance.

(7) Lots abutting a watercourse, drainageway, channel, stream, or flood plain shall have additional minimum width or depth as required to provide an adequate building site, accommodate the full width of necessary easements, and conform to the minimum yard requirements specified in this ordinance.

(8) Vehicular access from lots to minor or major arterial streets may be prohibited. Vehicular access from lots to collector streets may be prohibited if the Design Hour Volume is determined by the Zoning Administrator to be excessive.

eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee. Easements.

(1) Easements to permit access for maintenance and repair of surface and subsurface drainage improvements and utility installations, shall be provided on the final copies of the Primary Plat, Secondary Plat, and Construction Plans. Location of easements shall be reviewed by the City Engineer and representatives of local utility companies.

(2) Easements shall be a minimum of fifteen (15) feet in width, shall provide continuity from block to block, and shall be located along rear, side, or front lot lines; one-half ( 1/2) the width of the easement shall be taken from each lot. In the case of lots extending to the boundary of the lands platted and not adjoining another plat, the full width of the easement shall be provided on such peripheral lots.

(3) Where a subdivision is traversed by a watercourse, drainageway, channel, or stream, the subdivider shall designate drainage easements on both sides of the watercourse, the width to be determined by the Plan Commission, and, in the case of a legal drain, the Lake County Drainage Board.

(4) When a proposed drainage system shall carry water across private lands outside the subdivision, appropriate drainage rights must be secured by the subdivider and indicated on the plat. Appropriate legal documentation must be submitted.

fffffffffffffffffffffffffffffffffff. Open Space.

(1) A subdivision of four (4) or more lots shall contain at least twenty (20%) open space (gross area).

(2) The subdivider shall permanently dedicate the open space acreage for public use. The land may be deeded by the subdivider to the City of Whiting, the School Corporation, local service clubs, or to a duly organized homeowners' association within the subdivision. The Plan Commission shall have final approval as to the use of dedicated open space.



(3) Easements, crosswalks, and road frontage to provide public access to the open space shall be shown on the Secondary Plat.

(4) Existing natural features that add value to residential development and enhance the attractiveness of the community shall be preserved in the design of the subdivision and may be incorporated into dedicated open space.

ggggggggggggggggggggggggggggggggggg. Subdivision and Street Names.

(1) The proposed name of the subdivision shall not duplicate, or too closely approximate phonetically, the name of any other subdivision in the area covered by these regulations. The Plan Commission shall have final authority to approve the name of the subdivision, which shall be determined at the time of the preliminary plat approval.

(2) Street names shall not duplicate any existing name within the area covered by these regulations except where a new street is a continuation of an existing street. Street names that may be spelled different but sound the same as existing streets shall not be used.

(3) The Plan Commission shall have final authority to name all streets (in case of conflicts) at the time of preliminary plat approval.

Standards for improvements and installationshhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh. Street Improvements.

(1) Streets shall be completed to grades shown on the Construction Plans drawn by the subdivider's professional engineer or land surveyor and approved by the Plan Commission.

(2) Intersections shall be designed with a flat grade wherever practical. In hilly or rolling areas, at the approach to an intersection, a leveling area shall be provided having not greater than a two (2) percent grade at a distance of sixty (60) feet, measured from the nearest right-of-way line of the intersecting street.

(3) At intersections of streets or alleys, property line corners shall be rounded by arcs of at least twenty (20) feet radius or by chords of such arcs. Arterial and all streets in commercial and industrial subdivisions shall have a minimum curb radius of thirty (30) feet. Collector streets shall have a minimum curb radius of twenty-five (25) feet. Local streets shall have a minimum curb return radius of twenty (20) feet.

(4) If the smaller angle of intersection of two (2) streets is less than sixty (60) degrees, the radius of the arc at the intersection of property lines shall be increased as deemed advisable by the Plan Commission.

(5) Horizontal visibility on curved streets and vertical visibility on all streets must be maintained along the centerline as follows:



i. Arterial Streets (feet) . . . 500

ii. Collector Streets (feet) . . . 300

iii. Local Streets (feet) . . . 150

(6) Curvature measured along the centerline shall have a minimum radius as follows:

i. (1) Arterial Streets (or as determined by design speed standards; feet min) . . . 500

ii. (2) Collector Streets (feet) . . . 300

iii. (3) Local Streets (feet) . . . 150

(7) Between reversed curves there shall be a minimum tangent distance as follows:

i. (1) Arterial Streets (feet) . . . 100

ii. (2) Collector Streets (feet) . . . 40

iii. (3) Local Streets (feet) . . . 40

(8) Maximum/minimum grades for streets shall be as follows:

i. Arterial Streets not greater than six (6) percent.

ii. Collector Streets not greater than eight (8) percent.

iii. Local Streets not greater than eight (8) percent.

iv. Minimum grade for all streets is four-tenths (0.4) percent.

(9) Before any performance bond covering a street installation is released, the Plan Commission, City Council, or City Engineer may request that core borings of the street be done at the subdivider's expense. Cores shall be sent to an independent testing laboratory for analysis.

(10) A applicant may request permission of the Plan Commission to delay the installation of the one (1) inch surface layer of asphalt until the binder layer of asphalt has had a sufficient time period to prove its durability under the stress of heavy construction traffic. The applicant shall be required to submit a separate performance bond to cover the cost of the installation of the one(1) inch surface layer of asphalt.

(11) Design Requirements of Street Pavements:



Figure JJHH: Design Requirements of Street Pavements

Alternative Arterial Collector Local BITUMINOUS PAVEMENTAND STONE BASE

#2 Compacted Aggr. Base 6 Inches 6 Inches 6 Inches #53 or #73 Compacted Aggr. Base 4 Inches 4 Inches 4 Inches 220 lb/S.Y. #9 Asphalt Binder 3±Inches 3±Inches 2±Inches 110 lb/S.Y. #11B Asphalt Surface 1±Inch 1±Inch 1±Inch FULL-DEPTH ASPHALTPAVEMENT

Asphalt Base 550 lb/S.Y. 550 lb/S.Y. 440 lb/S.Y. #9 Asphalt Binder 330 lb/S.Y. 330 lb/S.Y. 220 lb/S.Y. #11B Asphalt Surface 140 lb/S.Y. 140 lb/S.Y. 140 lb/S.Y. CONCRETE PAVEMENT #73 Compacted Aggr. Base 4 Inches Min. 4 Inches Min. 2 Inches Min. Unreinforced Concrete Pavement 8 Inches 8 Inches 8 Inches

i. The earth or stone subbase beneath the concrete street and the stone subbase beneath the flexible asphalt street shall be compacted to standards established by the City of Whiting.

ii. Subsurface drainage tile shall be placed under the street base where the subdivider's engineer or the City Engineer have determined that wet or unstable soil conditions exist.

iii. All materials shall be furnished and installed in accordance with Standard Specifications, Indiana Department of Transportation, latest edition.

(12) Dimensional Requirements of Street Pavements

Figure KKII: Dimensional Requirements of Street Pavements

Street Type Minimum Street Width (Feet)

Minimum DedicatedRight-of-Way Width

(Feet) Arterial 30 80 Collector 30 80 Local 27 50

i. Street width is measured from back to back of a two (2) foot wide curb and gutter located on each side of the street unless otherwise approved.

iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii. Stormwater and Subsurface Drainage.

(1) The subdivider shall provide the subdivision with an adequate stormwater sewer system whenever curbs and gutters are installed and whenever the evidence available to the Plan Commission



indicates that natural surface drainage is inadequate. When the surface drainage is adequate, easements for such surface drainage shall be provided. Curbs and storm drains along both sides of all streets are required in all subdivisions.

(2) The stormwater drainage system shall be separate and independent of any sanitary sewer system.

(3) Storm drainage facilities shall be located in the street right-of-way, where feasible, or in perpetual, unobstructed easements of appropriate width, and shall be constructed in accordance with the details on the Construction Plans provided by the subdivider's engineer or as approved by the Plan Commission.

(4) Storm sewer inlets shall be provided at all low points and so that surface water is not carried across or around any intersection, nor for a distance of more than three hundred (300) feet in the gutter or as approved by the City Engineer.

(5) It is the responsibility of the subdivider to keep all major watercourses, drainage systems, etc., not under the jurisdiction of any public agency, open and free flowing.

(6) Drainage facilities shall be capable of accommodating peak runoff from a ten (10) year return period storm or greater intensity, without endangering the public safety, health, or causing significant damage to property.

(7) Design Calculations: Design calculations are required as part of the drainage plan and shall specifically include.

i. Estimate of stormwater runoff:

jjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjj. Drainage map, including indication of drainage patterns for lots and blocks of areas affecting the proposed development site.

kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk. Weighted runoff coefficient computations.

lllllllllllllllllllllllllllllllllll. Time of concentration computation indicating overland flow time and travel times in swales, gutters, pipes, and/or channels.

i. Closed conduit and open channel design computations:

mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm. Size of pipe or channel cross-section.

nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn. Pipe and channel slopes in percent.

ooooooooooooooooooooooooooooooooooo. Roughness coefficient.

ppppppppppppppppppppppppppppppppppp. Flow velocities in feet per second.

qqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqq. Design capacity in cubic feet per second.

rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr. Pipe and channel invert elevations.

(1) Head loss computations in manholes and junction chambers.

(2) Hydraulic gradient computations, wherever applicable.



(3) On-site drainage facilities shall be designed to accommodate:

i. The water runoff from the parcel after development.

ii. The present water runoff from developed areas upstream.

iii. The present peak water runoff from undeveloped areas upstream.

(4) Each applicant or other entity which makes any surface change shall be required to:

i. Collect on-site surface runoff and springs and dispose of it to the point of discharge into an adequate outlet approved by the City Engineer.

ii. Pay his proportionate share of the total cost of off-site improvements to the common natural watercourse.

iii. Provide and install at his expense, in accordance with the requirements of the ordinance, all drainage and erosion control improvements.

(5) The subdivider shall provide a subsurface drainage system, below curbs, to be placed along both sides of the subdivision streets and wherever else within the subdivision that it is determined to be necessary. The purpose of the subsurface piping system is to provide drainage for the street subbase. The subsurface drainage system shall discharge to the storm sewer system or to the surface drainage system upon approval from the City Engineer. No subsurface drainage system connections will be permitted to the sanitary sewer system.

(6) It shall be illegal for sump pumps, downspouts, or foundation drains to outlet directly to the street or into the right-of-way of the street, or to be connected to the sanitary sewer.

(7) Plans for stormwater drainage shall include details for stormwater detention and retention. Detention facilities shall be designed using the following guidelines to limit the peak discharge from a development.

i. For developments with a drainage area (tributary to stormwater detention facilities) equal to or greater than ten (10) acres, peak discharge from the detention facility shall be limited to the five (5) year predeveloped frequency storm peak discharge, with a duration equal to or slightly greater than the time of concentration for the drainage area, or the twenty-four (24) hour duration storm, whichever provides the lesser peak discharge.

ii. For developments with drainage area (tributary to detention facilities) less than ten (10) acres, peak discharge from the detention facility shall be limited to the ten (10) year period predeveloped frequency storm peak discharge, with the same duration criteria provided in Section a. above.



iii. The five (5) year/ten (10) year peak discharge shall be based on land use conditions prior to development, using corresponding runoff coefficients, time of concentration, and other basin parameters.

iv. Inflow (runoff) to all stormwater detention facilities shall be determined using a one hundred (100) year twenty-four (24) hour storm to develop an inflow hydrograph.

v. The one hundred (100) year twenty-four (24) hour peak discharge (and inflow hydrograph) shall be based on land use conditions representing fully developed conditions, using corresponding runoff coefficients, time of concentration, and other basin parameters.

vi. A routing procedure shall be used to demonstrate that the stormwater detention facility will reduce the one hundred (100) year peak discharge from the developed area to a peak discharge equal to or less than the five (5) year/ten (10) year peak discharge using the pre-developed conditions.

vii. The results of the routing procedure shall demonstrate that adequate storage volume has been provided. The detention facility shall not be overtopped from the one hundred (100) year twenty-four (24) hour storm event, and shall have a minimum freeboard of two (2) feet between the maximum routed pool elevation and the top of the facility embankment.

viii. An emergency spillway shall be provided to discharge flow resulting from pool elevations greater than the one hundred (100) year twenty-four (24) hour pool elevation. The spillway shall have a minimum size adequate to pass the routed one hundred (100) year twenty-four (24) hour storm (assuming that the primary spillway is plugged and non-functional) without overtopping the detention facility embankment. The elevation of the emergency spillway shall not be placed lower than the routed one hundred (100) year twenty-four (24) hour pool elevation.

ix. Erosion protection shall be provided for the primary outlet and emergency spillway so that the detention facility embankment will be adequately protected. Location of the emergency spillway shall be in undisturbed material, unless otherwise approved by the City Engineer.

x. The minimum allowable size for the primary outlet conduit from the detention facility shall be twelve (12) inches. If further restriction of the outlet conduit is required, the restriction shall be made at the head end of the outlet conduit.

xi. In those instances where the discharge velocity from the primary outlet or emergency spillway is greater than six (6) fps or excessive in the opinion of the City Engineer, energy dissipation may be required.



xii. Detention facilities, that are designed to have dry bottoms must be designed to include underdrains, to drain the bottom of the detention facility, so that the facility can be maintained. Also, the bottom of the facility shall be designed to have longitudinal and traverse grade to the outlet, so that the facility will empty, leaving no ponded water.

xiii. Methodology for developing peak discharge hydrographs and flood routing calculations shall be in accordance with acceptable engineering practice. Calculations based on the Soil Conservation Service Procedures, the Corps of Engineers' Procedures, or the Bureau of Reclamation Procedures are considered acceptable. All other procedures must be approved by the City Engineer.

xiv. Peak discharge calculations shall be submitted for the five (5) year/ten (10) year predevelopment and one hundred (100) year post-development conditions. The calculations shall show the drainage area, the runoff coefficients, the time of concentrations, and other basin parameters used to develop the appropriate peak discharges.

xv. Calculations shall be submitted which show stage-discharge relationships (rating curves) for the primary outlet and emergency spillway, the stage-storage relationship for the detention facility, the inflow hydrograph for the one hundred (100) year twenty-four (24) hour storm, and the routed one hundred (100) year twenty-four (24) hour discharge hydrograph.

sssssssssssssssssssssssssssssssssss. Curbs and Gutters.

(1) The Plan Commission shall require curbs and gutters to be installed on each side of new streets.

(2) The curbs and gutters shall be constructed according to the following specifications:

i. The base for the curbs and gutters shall be well compacted on the existing base or grade.

ii. The minimum grade of any street gutter shall not be less than four-tenths (0.4) percent.

iii. The curbs and gutters shall be roll type, unless otherwise required or approved by the City Engineer.

iv. Inlets shall be located at the low point in the street grade and at other spacing as stormwater system calculations require. The maximum spacing between any two (2) inlets shall be five hundred (500) feet.

v. Ingress grates should be depressed slightly below the plane of the gutter to improve removal of runoff water. Inlet grates shall be heavy-duty type and recommended for bicycles.



ttttttttttttttttttttttttttttttttttt. Sewers.

(1) The subdivider shall provide the subdivision with a complete sanitary sewer system which shall connect with an existing interceptor sewer linking the subdivision to the Whiting system. If said interceptor is not located adjacent to the subdivision site, it shall be the responsibility of the subdivider to extend the interceptor sewer to his property line. The subdivider may be reimbursed for part of the cost of extending the interceptor sewer.

(2) Design plans for installation of a sanitary sewer system shall be provided by the subdivider and approved by the City Council, Board of Works, the Indiana Department of Environmental Management, and other appropriate local and State agencies as required. Upon the completion of the sanitary sewer installation, the construction plans for such systems as-built shall be filed with the City Council and Board of Works.

(3) Each lot in the subdivision shall be required to pay a sewer connection fee to the Whiting Clerk-Treasurer, as indicated in the official fee schedule at the time of obtaining a Location Improvement Permit.

(4) Selected Design Criteria.

i. Alignment-- All sewers shall be laid with a straight alignment between manholes.

ii. Manhole Location-- Manhole type, size, location and design shall be completed in accordance with the Standards for Acceptance of Municipal Improvements, as adopted by City Ordinance No. 1985-12.

iii. Manholes-- The difference in elevation between any incoming sewer and the manhole invert shall not exceed twenty-four (24) inches where required to match crowns. The use of drop manholes will require approval by the City Engineer. The minimum inside diameter of the manholes shall conform to those specified by the City Engineer or according to State requirements.

iv. Sewer Locations-- Sanitary sewers shall be located within street or alley rights-of-way, unless topography dictates otherwise. When located in easements on private property, access shall be provided for all manholes and oversizing may be required in these instances. Where sewer lines in private easements cross public street or alley rights-of-way, a manhole shall be provided in such rights-of-way where possible. Imposed loading shall be considered at all manhole locations. No less than six (6) feet of cover shall be provided over top of pipe in street and alley rights-of-way or five (5) feet in all other areas.

v. Relation of Sewers to Water Mains-- A minimum horizontal distance of ten (10) feet shall be maintained between parallel



water and sewer lines. A minimum vertical distance of eighteen (18) inches shall be maintained between intersecting water and sewer lines.

vi. Mandatory Connections to Public Sewers-- If a public sanitary sewer is available within three hundred (300) feet of a property, the owner thereof may be required to connect to said sewer for the purpose of disposing of waste. It shall be unlawful for any such owner or occupant to construct or rebuild upon such property an individual sewage disposal system.

uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu. Water Supply.

(1) The subdivider shall provide the subdivision with a complete water supply system, which shall be connected to the existing Whiting water supply.

(2) The plans for the installation of water main supply systems shall be provided by the subdivider and approved by the City Council and the Indiana Department of Environmental Management. Upon completion of the water supply installation, the plans for such system as built shall be filed with the City Council.

(3) Approved fire hydrants shall be provided at each street intersection and at intermediate points between intersections, as recommended by the local fire department. Generally, hydrant spacing may range from three hundred fifty (350) to six hundred (600) feet, depending on the area being served.

vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv. Monuments and Markers.

(1) Monuments and markers shall be placed under the supervision of a licensed land surveyor and according to State Land Surveyor Regulations so that the center of the pipe or marked point shall coincide exactly with the intersection of lines to be marked, and shall be set so that the top of the monument or marker is level with the finished grade.

(2) Monuments shall be set:

i. At the intersection of lines forming angles in the boundary of the subdivision, at the beginning and end of all curves and points of tangency of the perimeter of the plat.

ii. At the intersection of right-of-way lines within the plat.

(3) Markers shall be set:

i. At the intersection of the centerlines of all streets, the center points of all cul-de-sac turnarounds, at the beginning and end of all curves, and at angle points.

ii. At all points where lot lines intersect curves, either front or rear.

iii. At all angles in property lines of lots.



iv. At all lot corners not established by monuments.

(4) Monuments shall be of precast concrete or cast-in-place concrete with minimum dimensions of four (4) inches by four (4) inches by thirty-six (36) inches set vertically in place. They shall be marked on top with iron or copper dowels at least three-eighths ( 3/8) inch in diameter, or deeply scored on top with a right angle cross.

i. Markers shall consist of iron pipes, steel bars, or copper bars, contain magnetic qualities, have a distinctive top which will be marked with a deep point or cross at the correct location, and be thirty-six (36) inches in total length and not less than five-eighths ( 5/8) inch in diameter.

(5) A minimum of one (1) permanent bench mark shall be established for each forty (40) acres or fraction thereof, subdivided and at a location designated by the City Engineer. The monuments shall be of concrete with a dimension of four (4) inches by four (4) inches and forty-eight (48) inches long. A brass plate inscribed with the elevation of the bench mark shall be fastened to the concrete with a minimum of one-fourth ( 1/4) inch high letters and numbers. Unless otherwise directed by the City Engineer, bench mark datum shall conform to USGS sea level datum of 1929 and/or USC and GS datum.

(6) It shall be the responsibility of the subdivider to prevent disturbance or destruction to all existing monuments within the jurisdictional boundaries of the City by those parties under the direction of or in the employment by the subdivider. Any activities relating to the subdivider's improvements which cause disturbance or destruction of existing monuments shall be reported immediately to the City as well as to the appropriate county, state, or federal agencies. The subdivider shall be responsible for the cost of any repair or reestablishment of any existing monument disturbed or destroyed by his activities. The subdivider shall be aware of fines and penalties in existence for disturbance or destruction of existing monuments.

(7) All Public Land Survey points (section corners, quarter section corners, etc.) within or on the boundaries of the land to be subdivided shall be shown on the plat and referenced by no less than three (3) measurements of angle and distance. Each measurement of angle and distance shall be made from a separate known point on the perimeter of the subdivision.

(8) Lot corner markers shall be accurate at the time of sale or transfer from the subdivider to a second party. After sale or transfer is complete, the subdivider, the City, or other authorized agents shall not be liable for the accuracy of said markers.

(9) All documentation necessary for the City Engineer to ascertain the location and accuracy of the required monuments of this Section shall be submitted by the subdivider to the City Engineer.



(10) The plat shall indicate the type and location of all required monuments set within the property being subdivided.

(11) Subdivider shall be required to establish the elevation of any bench mark set within the limit of the project to within one-hundredth ( 1/100) of a foot of the U.S. Geological Survey 1929 sea level datum or USC and GS datum. Evidence of the established elevation shall be certified by a registered land surveyor licensed by the State of Indiana and shall be submitted to the City Engineer.

(12) Subdivider shall be required to establish the location of all horizontal monuments by means of a traverse of the third order or better. Evidence of successful completion of the required traverse shall be certified by a registered land surveyor licensed by the State of Indiana and shall be submitted to the City Engineer.

wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww. Sidewalks.

(1) Sidewalks shall be required to be located on both sides of every street within the subdivision plat, including around cul-de-sacs. Sidewalks shall be six (6) inches thick at drives and at least four (4) inches thick in all other locations. If driveways cannot be located, special permission may be obtained by the Plan Commission to deviate from this standard. Sidewalks shall be five (5) feet wide. Sidewalks shall be Portland Cement type in accordance with the Standard Specifications of the Indiana Department of Transportation, latest edition, with expansion joints every forty-eight (48) feet and control joints every six (6) feet.

(2) Sidewalks and pathways located away from streets should be properly lighted to permit visual surveillance of the walk or path from the street.

(3) When sidewalks or pathways cross major street intersections within or adjacent to the subdivision, safety devices such as painted crosswalks, signs, or traffic signals shall be installed.

(4) Easements of at least ten (10) feet in width shall be provided for sidewalks, pedestrian paths, and bicycle paths.

(5) ADA-compliant ramps for wheelchairs and bicycles shall be provided on all sidewalks and pathways. Ramps are to be located at all intersections and other transition access points. Overhead obstructions shall be cleared to a height of at least eight (8) feet. Rolled curbs are not a substitute for wheelchair ramps.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx. Street Signs and Street Lighting.

(1) The subdivider shall be responsible for installing street signs at each intersection throughout the subdivision. The City of Whiting shall be responsible for placement of traffic control signs where deemed necessary in the development by the City Engineer.

(2) When the subdivision contains private streets, the subdivider shall be required to post a sign at the entrance of the development



proclaiming the name of the subdivision with the phrase "Private Streets" placed directly below in letters of two (2) inches minimum height.

(3) The subdivider shall provide the subdivision with street lights to be installed at intersections throughout the subdivision or where deemed necessary by the City Engineer. Street lights shall be pole mounted and conform to the installation specifications of the Electric Utility. All electric lines are to be buried.

yyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyy. Utilities. All utility lines, including electrical power, gas, telephone, CATV, sewer, and water, shall be located underground throughout the subdivision. The location of utility lines shall be shown on the Primary Plat and on the Construction Plans. Service connections to the property lines of each lot in the development shall be provided by the utility or subdivider.

Drainage, erosion, and sediment controlzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz. General.

(1) No changes shall be made in the contour of the land, nor shall grading, excavating, removal, or destruction of the topsoil, trees, or other vegetative cover of the land be commenced until such time that a plan for minimizing erosion and sedimentation has been reviewed by the Zoning Administrator or there has been a determination by the Zoning Administrator that such plans are not necessary. (Applies only to subdivision developments.)

(2) Measures used to control erosion and reduce sedimentation and to provide drainage shall, as a minimum, meet the standards and specifications of the Lake County Storm Drainage, Erosion, and Sediment Control Ordinance. The Zoning Administrator shall ensure compliance with all appropriate specifications.

aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa. Performance Principles. The following measures are effect in minimizing erosion and sedimentation and shall be included where applicable in the overall development plan.

(1) Existing features which would add value to residential, commercial, natural, or manmade assets such as trees, streams, vistas, historically significant items, and similarly irreplaceable assets shall be preserved through careful and harmonious design.

(2) Stripping of vegetation, regrading, or other development shall be done in such a way that will minimize erosion.

(3) Development plans shall keep cut fill operations to a minimum and ensure conformity with topography so as to create the least erosion potential and adequately handle the volume and velocity of surface water runoff.

(4) Whenever feasible, natural vegetation shall be retained, protected, and supplemented.



(5) The disturbed area and the duration of exposure shall be kept to a practical minimum.

(6) Temporary vegetation and mulching shall be used to protect exposed critical areas during development.

(7) The permanent final vegetation and structural erosion control and drainage measures shall be installed as soon as practical in the development.

(8) Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development where necessary, the rate of surface water runoff will be structurally retarded.

(9) Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of debris basins, sediment basins, silt traps, or similar measures.

(10) Design and construction of the drainage facility shall be such that it will be durable and easy to maintain.

bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb. Grading for Drainage. In order to provide more suitable sites for building and other uses, improve surface drainage, and control erosion, the following requirements shall be met:

(1) The locations, grading, and placement of subgrade (base) material of all streets, public driveway, and public parking areas shall be accomplished second, after erosion control measures have been taken.

(2) All lots, tracts, or parcels shall be graded to provide proper drainage away from the buildings, and dispose of it without ponding. All land within the development shall be graded to drain and dispose of surface water without ponding, except where approved by the City Engineer.

(3) All drainage provisions shall be of such design as to adequately handle the surface runoff and carry it to the nearest suitable outlet, such as a curbed street, storm drain, or natural watercourse. Where drainage swales are used to divert surface waters away from buildings, they shall be sodded or planted, as required, and shall be of such slope, shape, and size as to conform with the requirements of the Plan Commission.

(4) Concentration of surface water runoff shall only be permitted in swales, watercourses, pipes, and detention ponds.

(5) Land alteration shall be accomplished in such a way that the grades left at the time that the work is completed will be permanent and stable.

(6) Excavation and Fills.



i. Cut and fill slopes shall not be steeper than three to one (3:1), unless stabilized by a retaining wall or cribbing as approved by the City Engineer when handled under special considerations.

ii. Provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills, by installation of temporary or permanent drainage across or above this area.

iii. Cuts and fills shall not endanger adjoining property.

iv. Fills shall be placed and compacted so as to minimize sliding or erosion of the soil.

v. Fills shall not encroach or impede flows of natural watercourses or constructed channels.

vi. Fills placed adjacent to natural watercourses or constructed channels shall have suitable protection against erosion during this period of construction.

vii. Grading shall not be done in such a way so as to divert water onto the property of another land owner without the expressed consent of the land owner.

viii. During grading operations, necessary measures for dust control shall be exercised.

ix. Grading equipment shall not be allowed to cross live streams. Provisions shall be made for the installation of temporary or permanent culverts or bridges.

cccccccccccccccccccccccccccccccccccc. Responsibility for Drainage and Erosion Control.

(1) Whenever sedimentation is caused by stripping of vegetation, regrading, or other development activities, it shall be the responsibility of the applicant, person, corporation, or other entity causing such sedimentation to remove it from all adjoining surfaces, drainage systems, and watercourses, and to repair any damage at his expense as quickly as possible.

(2) Maintenance of all driveways, parking areas, drainage facilities, and watercourses within any development plan area is the responsibility of the applicant or applicant, provided that said facilities have not been dedicated to the public and accepted by the appropriate authority for public maintenance.

(3) It is the responsibility of the applicant and any person, corporation, or other entity doing any action on or across a communal stream, watercourse, or swale, or upon the flood plain or floodway area of any watercourse during the period of development, to return these areas to their original or equal condition upon completion of said activities.

(4) No applicant, person, corporation, or other entity shall block, impede the flow of or alter, nor construct any structure, deposit any material or thing, or commit any act which will affect normal or



flood flow in, any communal stream or watercourse without having obtained prior approval from the Lake County Drainage Board and/or the Indiana Department of Natural Resources, Division of Water, whichever is applicable.

(5) On-site drainage facilities shall be sufficient to accept:

i. the water runoff from the parcel after development;

ii. the present water runoff from undeveloped areas upstream; and

iii. that part of the water runoff attributable to future development in undeveloped areas upstream that is not reasonably likely to be accommodated in such upstream areas.

(6) Each applicant or other entity which makes any surface changes shall be required to:

i. Collect on-site surface runoff and springs and dispose of it to the point of discharge into an adequate outlet approved by the City Engineer.

ii. Handle existing and potential off-site runoff through the development by designing to adequately handle storm runoff from a fully developed area upstream.

iii. Pay his proportionate share of the total cost of off-site improvements to the common natural watercourse, based on a fully developed drainage area.

iv. Provide and install, at his expense, all necessary drainage and erosion control improvements (temporary and permanent) or as required by the City Engineer.

(7) It is the responsibility of the applicant or owner to keep all major watercourses, not under the jurisdiction of any public agency, open and free flowing.

(8) The applicant or owner will assume the responsibility for maintaining an open and free flowing condition in all minor streams, watercourses, and drainage systems, constructed or otherwise improved in accordance with this Section, which are necessary for proper drainage.

dddddddddddddddddddddddddddddddddddd. Compliance with Regulations and Procedures.

(1) The design, installation, and maintenance of the required drainage facilities and erosion and sediment control measures shall be in accordance with the standards and specifications of the Lake County Storm Drainage, Erosion, and Sediment Control Ordinance.

(2) The approval of plans and specifications for the control of erosion and sedimentation shall be concurrent with the approval of the development and shall become a part thereof.



(3) Permission for clearing and grading prior to the approval of the development plan may be obtained under temporary easements or other conditions satisfactory to the City Engineer.

(4) In the event the applicant or applicant proceeds to clear and grade prior to the approval of the subdivision or development plan, without satisfying conditions specified herein, the Plan Commission may revoke the approval of all plans and a suit for an injunction may be instituted to halt further construction until development plans are approved.

(5) Topsoil shall not be removed from residential lots or used as spoil. No construction debris, junk, rubbish, or waste material shall be buried in any land or left deposited on any lot or street within a subdivision.

Commercial and industrial subdivisionseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee. General Requirements.

(1) Land proposed for platting as a commercial or industrial subdivision shall be subject to all of the requirements of this ordinance and shall conform to the zoning requirements of the district in which it is located. A primary plat, secondary plat, and construction plans shall be submitted to the Plan Commission for review.

(2) Lots and block standards for commercial and industrial subdivisions should be flexible so that lot sizes may be expanded by the subdivider to meet the requirements of a prospective buyer or tenant. If, after recording of a secondary plat, the subdivider wishes to amend the lot dimensions, an amended secondary plat shall be presented by the subdivider to the Plan Commission for review. Substantial changes shall have to go through another public hearing process. The determination of "substantial changes" and the necessity of a public hearing shall be made by the Zoning Administrator.

(3) Streets located in a commercial or industrial subdivision shall be constructed to the specifications set forth in the Street Improvement section within this ordinance. Curb and gutter, storm drainage, and subsurface drainage may be required by the Plan Commission. Once constructed to the specifications of the City, the subdivider may dedicate the streets to the City or may, upon approval of the Plan Commission, elect to keep the streets private to be maintained by the owners and/or tenants of the subdivision.

(4) Every effort shall be made to protect adjacent residential areas from potential nuisance from a proposed non-residential subdivision, including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip, when necessary.



(5) Truck routes shall be established so as to prevent industrial traffic from encroaching into adjacent residential areas.

(6) The builder shall provide each building or lot in the subdivision with a paved parking area with enough marked spaces to meet the requirements of this ordinance. The parking area shall have a proper drainage system and should be adequately landscaped and lighted.

(7) Loading areas or loading docks shall be designed so that they do not interfere with the operation of other lots or buildings. Loading areas shall not encroach on setback lines.

(8) No materials, supplies, motor vehicles, or equipment shall be stored outside of the buildings, unless the storage area is properly screened.

(9) Frontage roads shall be provided where requested by the Plan Commission to prevent numerous entrances on existing streets.

(10) With respect to traffic and storm drainage, commercial and industrial subdivisions shall be considered in totality, and individual parcels or lots shall not be considered separately.


7.0PETITIONS, PERMITS, AND PROCEDURES

Petitions, Permits, and ProceduresPurpose

The purpose of establishing processes and permits is to allow for the orderly enforcement of the zoning ordinance and provide for due process.

Application and Permit TypesThe City of Whiting requires that an application be submitted for the following petitions and permits:

ffffffffffffffffffffffffffffffffffff. Petitions

(1) Variance of Use

(2) Variance of Development Standards

(3) Special Exception

(4) Administrative Appeal

(5) Zoning Map and Text Amendment

(6) Planned Unit Development

(7) Development Plan Review, see Section 7.0

gggggggggggggggggggggggggggggggggggg. Permits

(1) Improvement Location Permit

(2) Certificate of Zoning Compliance

(3) Home Occupancy Permit (Type I or II)

hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh. Application Materials. All applications for petitions and permits may be obtained from the Zoning Administrator. All petitions and permits must be submitted to the Zoning Administrator or Whiting Clerk-Treasurer. All permits will have an applicable fee, found in the Rules of Procedure, to cover the costs of administration. Fees must be paid at the time petition(s) and/or permit(s) are submitted.

(1) Forms. All applications shall be made on forms provided by the Zoning Administrator. All petitioners and permit applicants must submit original applications that are completed in ink or typed. All applications must be signed and dated by the applicant.

(2) Materials. All submissions must include the original application and all necessary attachments as required by the Zoning Administrator and this Ordinance. All submissions that do not contain all required materials will be deemed incomplete and returned to the petitioner or applicant.

(3) Fees. The Plan Commission shall maintain the official schedule of fees, charges, and expenses and a collection procedure for permits, appeals, and other petitions pertaining to this Ordinance. The schedule of fees shall be available to the public in the office of

Fees1 City of Whiting Unified Development Ordinance

7.0PETITIONS, PERMITS,

AND PROCEDURESthe Clerk-Treasurer and may be altered or amended only by resolution of the City Council.

iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii. Until all applicable fees, charges, and expenses have been paid in full, no final action shall be taken on any permit, application, appeal, or petition.

jjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjj. Any person or persons who shall initiate construction of a structure prior to obtaining an Improvement Location Permit or any other required permit shall pay twice the amount of the current permit fee as established by the City Council.

(1) Scheduling. Petitions and permit applications will be scheduled by the Zoning Administrator for the appropriate public hearings based upon:

i. The Zoning Administrator deems the application complete; and

ii. The filing and hearing dates set by the calendars of either the Plan Commission or the Board of Zoning Appeals, whichever is the appropriate body for the hearing.

Variance of UseA Variance of Use is a modification of the strict terms of the relevant regulations of this Ordinance. All variances of use are subject to the recommendation of the Board of Zoning Appeals and the approval of the City Council. The following procedure shall apply to all variance of use petitions:

kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk. To be eligible for the granting of a variance under this section, a person must first receive a determination from the Zoning Administrator that a variance is required for the intended use or for the expansion, extension, or enlargement of a use. The Zoning Administrator shall file a report of determination (in a form prescribed by the Board of Zoning Appeals) with the Plan Commission. The Plan Commission shall determine how the granting of the variance would affect the purposes served by this ordinance in furtherance of the Comprehensive Plan. Within thirty (30) days of the date on which it received the application, the Plan Commission shall report its determination to the Board of Zoning Appeals, for recommendation by it as authorized.

llllllllllllllllllllllllllllllllllll. A variance from the terms of this Ordinance shall not be granted by the City Council unless and until a written application for a variance is submitted to the Zoning Administrator and a recommendation is received from the Board of Zoning Appeals containing:

(1) Name, address, and phone number of applicant;

(2) Legal description of the property;

(3) Description of nature of variance requested; and

(4) A narrative statement addressing the following applicable criteria:

i. The strict application of the terms of the Zoning Ordinance will constitute an unusual and unnecessary hardship as applied to the property for which a variance is sought;

Administrative AppealCity of Whiting Unified Development Ordinance 2


ii. The need for the variance arises from such condition peculiar to the property involved and does not exist in similar property in the same zone;

iii. The use or value of the area adjacent to the property included n the variance will not be adversely affected; and

iv. The variance will not be injurious to the public health, safety, morals, and general welfare of the City.

mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm. The Board of Zoning Appeals may recommend a variance of use of the Zoning Ordinance to the City Council for approval if, after a public hearing on the application, it makes findings of facts in writing that:

(1) The approval will not be injurious to the public health, safety, morals, and general welfare of the community.

(2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner.

(3) The need for the variance arises from some condition peculiar to the property involved.

(4) The strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought.

(5) The approval does not interfere substantially with the comprehensive plan adopted by the City, per IC 36-7-4-500 series

nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn. If the City Council grants the variance, it shall direct the applicant to apply for an Improvement Location Permit. If such application complies with this Ordinance and all other applicable codes or ordinances, the Zoning Administrator shall issue the Improvement Location Permit for the use authorized by variance.

oooooooooooooooooooooooooooooooooooo. The Board of Zoning Appeals and/or City Council may permit or require the owner of a parcel of property to make written commitment concerning the use or development of that parcel or may impose conditions upon that grant of variance.

pppppppppppppppppppppppppppppppppppp. A variance granted by City Council shall run with the parcel until such time as 1) the use of the variance ends, or 2) the property conforms to the Ordinance as written.

qqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqq. Where an owner has failed to comply with any condition permitted or required by the grant of variance, the Board of Zoning Appeals may authorize such action as it may deem appropriate to obtain compliance by the owner with the condition or commitment of the grant, or with the terms of this Ordinance in the same manner as if the variance had not been granted.

rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr. The Board of Zoning Appeals shall file a petition to the City Council with a favorable recommendation, unfavorable recommendation, or no recommendation to approve or deny all variances.



AND PROCEDURES(1) The City Council shall vote on the petition within ninety (90) days

after the Board of Zoning Appeals makes its recommendation.

(2) If the City Council does not vote to deny a petition within ninety (90) days, the petition is considered approved.

Variance of Development StandardsA Variance of Development Standards is a modification of the strict terms of the relevant regulations of this Ordinance. All variances are subject to the approval of the Board of Zoning Appeals. The following procedure shall apply to all variance petitions:

ssssssssssssssssssssssssssssssssssss. To be eligible for the granting of a variance under this section, a person must first receive a determination from the Zoning Administrator that a variance is required for the intended use or for the expansion, extension, or enlargement of a use. The Zoning Administrator shall file a report of determination (in a form prescribed by the Board of Zoning Appeals) with the Plan Commission. The Plan Commission shall determine how the granting of the variance would affect the purposes served by this ordinance in furtherance of the Comprehensive Plan. Within thirty (30) days of the date on which it received the application, the Plan Commission shall report its determination to the Board of Zoning Appeals, for action by it as authorized. If the Board of Zoning Appeals grants the variance, it shall direct the applicant to apply for an Improvement Location Permit. If such application complies with this ordinance and all other applicable codes or ordinances, the Zoning Administrator shall issue the Improvement Location Permit for the use authorized by variance.

tttttttttttttttttttttttttttttttttttt. A variance from the terms of this Ordinance shall not be granted by the Board of Zoning Appeals unless and until a written application for a variance is submitted to the Zoning Administrator and the Board of Zoning Appeals containing:


(2) Legal description of the property;

(3) Description of nature of variance requested; and

(4) A narrative statement addressing the applicable criteria:

i. The strict application of the terms of the Zoning Ordinance will constitute an unusual and unnecessary hardship as applied to the property for which a variance is sought;

ii. The need for the variance arises from such condition peculiar to the property involved and does not exist in similar property in the same zone;

iii. The use or value of the area adjacent to the property included in the variance will not be adversely affected; and

iv. The variance will not be injurious to the public health, safety, morals, and general welfare of the City.



uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu. The Board of Zoning Appeals may grant a variance from the development standards (such as height, bulk, area) of the Zoning Ordinance if, after a public hearing on the application, it makes findings of facts in writing that:

(1) the approval will not be injurious to the public health, safety, morals, and general welfare of the community;

(2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;

(3) The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property; and

(4) This variance is the minimum necessary and does not correct a hardship caused by the property owner, previous or present.

vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv. Before approval of a proposal involving a tall structure regulated under IC 8-21-10 may become effective, the board of zoning appeals must have received:

(1) A copy of the permit for the structure issued by the Indiana Department of Transportation or the Determination of No Hazard to Air Navigation issued by the Federal Aviation Administration; and

(2) Evidence that notice was delivered to a public use airport as required in IC 8-21-10-3 not less than sixty (60) days before the proposal is considered.

wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww. If the Board of Zoning Appeals grants the variance, it shall direct the applicant to apply for an Improvement Location Permit. If such application complies with this Ordinance and all other applicable codes or ordinances, the Zoning Administrator shall issue the Improvement Location Permit for the use authorized by the variance.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx. The Board of Zoning Appeals may permit or require the owner of a parcel of property to make written commitment concerning the use or development of that parcel or may impose conditions upon that grant of variance. A variance granted by the Board of Zoning Appeals shall run with the parcel until such time as 1) the use of the variance ends, or 2) the property conforms to the Ordinance as written.

yyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyy. Where an owner has failed to comply with any condition permitted or required by the grant of variance, the Board of Zoning Appeals may authorize such action as it may deem appropriate to obtain compliance by the owner with the condition or commitment of the grant, or with the terms of this Ordinance in the same manner as if the variance had not been granted.

zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz. The Board of Zoning Appeals shall approve or deny all variances. The procedures stated in the Rules of Procedures for the Board of Zoning Appeals shall apply to all Board of Zoning Appeals hearings.



AND PROCEDURESSpecial Exception

A Special Exception Petition is filed to ask for allowance on a use which may be allowed within a particular district contingent upon recommendation from the Board of Zoning Appeals and approval from the City Council because of its special nature. The following procedure applies to special exception petitions:

aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa. Only the special uses listed in the appropriate zoning district may be considered for approval as a special exception. Approval of the special exception shall run with the property; however, approval of the special exception shall be voided if the use is discontinued or abandoned for more than one (1) year. Any change to a special exception shall require a new petition and hearing.

bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb. The granting of a special exception is unnecessary for a use if that use existed on the date this ordinance, or pertinent amendments to it, were passed. However, this subsection shall not authorize the expansion of such a use if it involves the enlargement of a building, structure, or land area. A use authorized by special exception may not be expanded, extended, or enlarged unless reauthorized by the Board of Zoning Appeals under the procedures set forth herein for the granting of a special exception. A special exception granted for a specific use ceases to be authorized and is void if that use is not established within a twelve (12) month period of the date the special exception was granted, or if that use is discontinued at that site for a twelve (12) month period during which time it is not succeeded by the same use specifically authorized as a special exception.

ccccccccccccccccccccccccccccccccccccc. To be eligible for the granting of a special exception under this section, a person must first receive a determination from the Zoning Administrator that a special exception is required for the intended use or for the expansion, extension, or enlargement of a use. The Zoning Administrator shall file a report of determination (in a form prescribed by the Board of Zoning Appeals) with the Plan Commission. The Plan Commission shall determine how the granting of the special exception would affect the purposes served by this ordinance in furtherance of the Comprehensive Plan. Within thirty (30) days of the date on which it received the application, the Plan Commission shall report its determination to the Board of Zoning Appeals, for recommendation by it as authorized. Upon receipt of the Plan Commission’s determination, the Board of Zoning Appeals shall schedule a public hearing as described in the Rules of Procedure. Within ninety (90) days of the date on which the City Council received the recommendation from the Board of Zoning Appeals, the City Council shall vote on the petition. If the City Council grants the special exception, it shall direct the applicant to apply for an Improvement Location Permit. If such application complies with this Ordinance and all other applicable codes or ordinances, the Zoning Administrator shall issue the Improvement Location Permit for the use authorized by special exception.

ddddddddddddddddddddddddddddddddddddd. A special exception shall not be granted by the Board of Zoning Appeals unless and until a written application for a special exception is



submitted to the Zoning Administrator and the Board of Zoning Appeals containing:

(1) Name, address, and phone number of applicant; owner of the property; and any person(s) holding options on the purchase of the property for the intended special use.

(2) Legal description of the property with common address of the property being considered;

(3) Description of proposed special use and all accessory uses or structures, with square footage and height listed;

(4) A narrative statement addressing the applicable criteria:

i. The strict application of the terms of the Zoning Ordinance will constitute an unusual and unnecessary hardship as applied to the property for which a special exception is sought;

ii. The need for the special exception arises from such condition peculiar to the property involved and does not exist in similar property in the same zone;

iii. The use or value of the area adjacent to the property included in the special exception will not be adversely affected; and

iv. The special exception will not be injurious to the public health, safety, morals, and general welfare of the City.

(5) Current zoning of the property

(6) Required number of parking spaces and number of spaces provided.

(7) A site plan drawn to scale or with sufficient dimensions labeled to determine size, showing at least the following: property lines, surrounding streets and alleys, surrounding land uses, location of all existing and proposed buildings and uses, location of parking and drive areas, building and parking setbacks, utilities, and any landscaped or buffer areas.

eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee. Procedure. There shall be no cases or application therefore, nor any particular situation in which this Ordinance authorizes special exceptions without an advisory recommendation by the Plan Commission, recommendation from the Board of Zoning Appeals, and approval of the Whiting City Council. Further, no previous applications shall set a precedent for any other application before the Board of Zoning Appeals.

(1) Upon receipt of an application for special exception, the Zoning Administrator shall refer the application to the Board of Zoning Appeals for public hearing. A copy of the application shall be referred concurrently to the Plan Commission. The Plan Commission shall provide the Board of Zoning Appeals with a written advisory recommendation for the special exception to ensure the proposal is in coordination with the Comprehensive Plan. The Plan Commission must return their report of findings to



AND PROCEDURESthe Zoning Administrator within ten (10) days after they receive the application. The Zoning Administrator shall report the findings to the Board of Zoning Appeals prior to the scheduled hearing of the Board of Zoning Appeals.

(2) The Board of Zoning Appeals shall file a petition to the City Council with a favorable recommendation, unfavorable recommendation, or no recommendation if and only if:

i. The proposed use conforms to the provisions of the district in which it will be located and all general regulations of this Ordinance.

ii. The proposed use shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons.

iii. The proposed use shall be sited, oriented, and landscaped and lit so that the relationship of its buildings and grounds to adjacent buildings and properties does not impair health, safety, or comfort, and does not adversely affect values of adjacent properties.

iv. The proposed use shall produce a total environmental impact that is consistent with, and not harmful to, the environment of the neighborhood.

v. The proposed use shall organize vehicular access and parking to minimize conflicting traffic movement on adjacent streets.

vi. The proposed use shall promote the objectives of this Ordinance and shall be consistent with the Comprehensive Plan.

(3) The City Council shall vote on the petition within ninety (90) days after the Board of Zoning Appeals makes its recommendation.

(4) If the City Council does not vote to deny the petition within ninety (90) days, the petition is considered approved.

fffffffffffffffffffffffffffffffffffff. Conditions. The Board of Zoning Appeals and/or the City Council may impose reasonable conditions as part of its recommendation and/or approval as it deems necessary to protect the public health, and for reasons of safety, comfort, and convenience. All special exceptions are subject to the development standards for the Whiting Subdivision Regulations if deemed necessary by the Board of Zoning Appeals.

ggggggggggggggggggggggggggggggggggggg. Written Commitments. The Board of Zoning Appeals and/or City Council may permit or require the owner of the parcel of property to make a written commitment concerning the use or development of the parcel as specified under IC 36-7-4-921

hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh. Findings. The findings of the Board of Zoning Appeals, its recommendation to the City Council, and the City Council’s final order shall be submitted to the Zoning Administrator in writing. The City Council shall direct the Zoning Administrator to either issue an



Improvement Location Permit for the special exception or reject the application.

iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii. Delay. Any person who is issued an Improvement Location Permit for a special exception must begin construction within nine (9) months after the permit is issued; complete the special exception within seven (7) years after such construction has begun; and conform to the provisions of any restrictions or conditions which the Board of Zoning Appeals and/or the City Council imposed in conjunction with approval of the special exception upon the basis of which the Improvement Location Permit was issued. Persons failing to do so may be required by the Board of Zoning Appeals upon written petition of any person, to show cause why such approval should not be withdrawn and such Improvement Location Permit revoked.

jjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjj. Alteration, Change, Amendment, or Expansion. The holder of an Improvement Location Permit for a special exception may apply to the Board of Zoning Appeals at any time for an alteration, change, amendment, or extension of the application or use upon which such permit was based.

(1) Upon receipt of the application, the Board of Zoning Appeals shall proceed as in the case of original application for a special exception.

(2) The Board of Zoning Appeals shall provide a favorable recommendation, unfavorable recommendation, or no recommendation to the City Council, who shall approve or deny and order the application or use changed, altered, amended, or extended. The City Council shall notify the Zoning Administrator, who shall issue an amended Improvement Location Permit.

(3) The Board of Zoning Appeals and/or City Council may impose any additional reasonable requirements or conditions including, but not limited to, establishing building setback lines and lot sizes for a special exception use, if, in the Board of Zoning Appeals or City Council’s judgment, additional requirements or conditions are necessary for the protection of the public health, safety, comfort, and convenience.

Administrative AppealIf during the development review process an error is alleged in any order, requirement, decision, or determination made by an administrative officer (staff), an administrative appeal may be filed by any person affected by the decision with the Board of Zoning Appeals. The Board of Zoning Appeals may determine the standing of the affected person. The following procedure shall apply to all appeals of administrative decisions:

kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk. A petition for an administrative appeal must be filed with the Zoning Administrator within 30 calendar days of the interpretation decision. The petition must consist of at least the following:



AND PROCEDURES(1) Copies of all materials submitted to the staff member or

administrative board upon which the decision being appealed was based.

(2) Copies of any written decisions which are the subject of the appeal.

(3) A letter describing the reasons for the appeal noting specific sections of this Ordinance, Indiana Code, or other standards applicable to the City upon which the appeal is based.

lllllllllllllllllllllllllllllllllllll. After receipt of the petition, the Zoning Administrator will schedule a hearing with the Board of Zoning Appeals within 60 days of receipt of said petition. If construction is taking place in regard to any project affected by the petition, all construction must cease and not be resumed until approval by the Board of Zoning Appeals.

mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm. The Board of Zoning Appeals will hear the petition and make a decision on the merits of the petition based upon the investigation of facts bearing on the application whether action taken by the administrative officer (staff) is in accordance with the rules and procedures of the Whiting Zoning Ordinance, other applicable ordinances, and Indiana Code.

nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn. The Board of Zoning Appeals shall approve or deny all requests for administrative appeals. The procedures stated in the Rules of Procedures for the Board of Zoning Appeals shall apply to all Board of Zoning Appeals hearings.

Zoning Map and Text AmendmentA Zoning Map Amendment Petition is a request to change the zoning designation of a particular parcel or parcels. The Plan Commission shall approve or deny all zoning amendments. The procedures stated in the Rules of Procedures for the Plan Commission shall apply to all Plan Commission hearings.

ooooooooooooooooooooooooooooooooooooo. ZONING TEXT. The following procedure, in accordance with IC 36-7-4-602, applies to a proposal to amend or partially repeal the text of the Zoning Ordinance:

(1) The proposal may be initiated by either:

i. The City Council; or

ii. The Plan Commission

(2) The Plan Commission shall give notice of a public hearing in accordance with the Plan Commission Rules of Procedure.

(3) The Plan Commission shall schedule a public hearing within sixty (60) days after a petition is received. The hearing shall be held in accordance with the Plan Commission Rules of Procedure.

(4) Within ten (10) business days after the Plan Commission determines its recommendation, the Plan Commission shall certify



the proposal to the City Council with a favorable, unfavorable, or no recommendation (IC 36-7-4-605).

(5) The City Council shall vote on the proposal within ninety (90) days after the Plan Commission certified their recommendation. The City Council may adopt, reject, or amend the text amendment proposal in accordance to IC 36-7-4-607.

(6) Amendments adopted by the City Council shall become effective upon adoption.

ppppppppppppppppppppppppppppppppppppp. ZONING MAP. The following procedure, in accordance with IC 36-7-4-602, applies to a proposal to change the zone maps (whether by incorporating an additional map or by amending or deleting a map) incorporated by reference into the ordinance:

(1) Petitions for Zoning Map Amendments may be initiated either by the Plan Commission or City Council or through a petition signed by property owners of at least 50 percent of the land involved.

(2) Responsibility for preparing the petition is as follows:

i. The Plan Commission shall prepare the petition for zoning map amendment if the Plan Commission or the City Council have initiated the petition. The Zoning Administrator shall serve as the representative of the petitioner for such proposals.

ii. Any property owner(s) requesting a zoning map amendment shall be the petitioners and assume responsibility of the petitioner for preparing application materials.

qqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqq. Applications for map amendments to the Zoning Ordinance shall contain the following information:


(2) Proposed amending Ordinance, approved as to form by the City Attorney;

(3) A statement on how the proposed amendment relates to the Comprehensive Plan, and

(4) Along with the rezoning application, the petitioner shall also submit an affidavit and consent of property owner (if the owner is someone other than the petitioner), a copy of the deed for the property involved, the required filing fee, and required supportive information. Supportive information shall include, but is not limited to, the following:

i. A site plan drawn to scale, or with sufficient dimensions labeled to determine size, showing, at a minimum, all existing and proposed structures, setbacks, easements, rights-of-way, floodplains, and any other features relevant to the petition.

ii. A vicinity map showing the use and zoning of all properties within 1,000 feet of the property in question.



AND PROCEDURESiii. A letter of intent to the Plan Commission stating the reasons

for the rezoning, including a detailed description of any proposed development for which the rezoning is sought. The letter should include any written commitments being made by the petitioner.

rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr. The application materials shall be reviewed by the Zoning Administrator. The petitioner(s) and any representative of the petitioner(s) shall be present during the review to answer questions regarding the petition. Any revisions to the application materials or the proposal requested by the Zoning Administrator shall either be addressed during the review meeting or through revised application materials submitted prior to the Plan Commission hearing. All revised submittals shall be submitted to the Zoning Administrator in a timely manner, consistent with the Plan Commission’s calendar of meeting and filing dates.

sssssssssssssssssssssssssssssssssssss. Notification for the scheduled public hearing regarding the rezoning petition shall be completed consistent with the Rules of Procedure.

ttttttttttttttttttttttttttttttttttttt. The public hearing shall be scheduled consistent with the adopted calendar of filing and meeting dates (no later than 60 days following the receipt of the application, per IC 36-7-4-608). Procedures for the public hearing shall be consistent with the Plan Commission Rules of Procedures.

uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu. Within ten (10) business days after the Plan Commission determines its recommendation, the Plan Commission shall certify the proposal to the City Council with a favorable, unfavorable, or no recommendation (IC 36-7-4-608).

vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv. The City Council shall vote on the proposal within ninety (90) days after the Plan Commission certifies their recommendation, either to adopt or deny the recommendation of the Plan Commission (IC 36-7-4-608).

wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww. Amendments adopted by the City Council shall become effective upon adoption unless otherwise specified in the amendment.

Improvement Location PermitNo building or other structure shall be erected, moved, added to, or structurally altered without an Improvement Location Permit issued by the Zoning Administrator in accordance with Plan Commission policies and procedures. No Improvement Location Permit shall be issued by the Zoning Administrator except in conformity with the provisions of this ordinance, unless by written order from the Board of Zoning Appeals in the form of an administrative appeal review, special exception, or variance as provided by this ordinance.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx. PROCESS. The following procedure shall apply to all Improvement Location Permits:

(1) The City of Whiting hereby requires that an Improvement Location Permit be obtained for the following:

i. All residential dwellings



ii. All commercial, industrial, and institutional buildings

iii. Accessory buildings over 100 square feet in area

iv. Detached and attached garages and carports over 100 square feet in area

v. Mini-barns or storage sheds over 100 square feet in area

vi. Enclosed Patios

vii. Bath Houses

viii. Gazebos

ix. Cabanas

x. Green houses

xi. Retaining Walls

xii. Sidewalks

xiii. Decks, porches, or patios greater than eighteen (18) inches off the ground

xiv. Structures other than buildings (excluding home antennas under thirty (30) feet or satellite dishes)

xv. Conversions of occupancy classification (as per State Building Code)

xvi. Manufactured or mobile homes

xvii. Parking lots and driveways, excluding municipal

xviii. Any exterior construction that adds to or alters the existing house structure

xix. Commercial awnings

(2) All buildings or structures not required to obtain an Improvement Location Permit must not encroach upon designated floodplains, easements, public right-of-way, or other non-buildable areas.

(3) No Improvement Location Permit shall be issued until the appropriate fees have been paid to the Plan Commission Office in accordance with those established in the Rules of Procedure.

(4) No Improvement Location Permit shall be issued until all other permits, except building permits, are obtained in accordance with this Ordinance. Verification of proper documentation for those permits must be provided to the Zoning Administrator prior to the issuance of an Improvement Location Permit.

(5) Permits required under WMC Chapter 7.5 Flood Ordinance must be obtained prior to any other issuance of a permit to ensure that development conforms to regulations set forth in WMC Chapter 7.5 Flood Ordinance

(6) No Improvement Location Permit shall be issued by the Zoning Administrator or its staff except in conformity with the provisions of



AND PROCEDURESthis Ordinance, unless by written order from the Board of Zoning Appeals in the form of an administrative appeal review, special exception, or variance as provided by this Ordinance.

(7) The City of Whiting hereby requires that a formal petition and filing fee be submitted for the following:

i. Zoning Amendments (zoning map change)

ii. Variances (dimensional or use)

iii. Special Exceptions

iv. Subdivision Plats

v. Administrative Appeals

vi. Non-Subdivided Site Development Plans

(8) Any petition submitted to the Plan Commission or the Board of Zoning Appeals shall contain, in addition to the legal description of said property, a statement of the common address or general location description, whichever is appropriate, as well as a site location map showing the precise boundary lines and dimensions thereof.

(9) All applications for Improvement Location Permits shall be accompanied by plans accurately drawn, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the Zoning Administrator to determine conformance with and provide for the enforcement of this Ordinance, including: existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and building setback distances from property lines. The Zoning Administrator shall endeavor to review and make a determination on all permit applications within a reasonable period of time of filing. The approved plans shall be retained by the Zoning Administrator.

(10) Expiration of Permits:

i. Initiation of Work. If the work described in any Improvement Location Permit has not begun within ninety (90) days from the date of issuance thereof, said permit shall expire; it shall be cancelled by the Zoning Administrator, and written notice thereof shall be given to the persons affected. The Zoning Administrator may give a one-time extension for up to ninety (90) days for work initiation.

ii. Completion of Work. If the work described in any Improvement Location Permit has not been completed within one (1) year of the date of issuance thereof, said permit shall expire and be cancelled by the Zoning Administrator and written notice



thereof shall be given to the persons affected, together with notice that future work as described in the cancelled permit shall not proceed unless and until a new Improvement Location Permit has been obtained. The Zoning Administrator may give a one-time extension for up to six (6) months for work completion.

(11) When a development plan is required, an Improvement Location Permit shall not be issued until the Plan Commission approves a final development plan and all conditions are met

(12) The Zoning Administrator may approve Improvement Location Permits that meet all applicable requirements of this Ordinance and do not require site plan review. If a permit is approved, the Zoning Administrator shall:

i. Forward a copy of the complete application to the Plan Commission or Building Commissioner.

ii. All approved plans submitted to the Zoning Administrator shall be retained by Office of the Clerk Treasurer as public record and become property of the City of Whiting.

(13) If the Zoning Administrator does not approve a location permit, the Zoning Administrator shall:

i. Provide written reason to the applicant on why the Improvement Location Permit was denied, citing appropriate sections of applicable law used as the basis for denying the application; and

ii. Provide the applicant with appropriate information on their due process rights and how to appeal the Zoning Administrator’s ruling.

(14) Improvement Location Permits issued on the basis of plans and applications approved by the Zoning Administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications. Any other use, arrangement, or construction not authorized shall be deemed as a violation of this Ordinance.

(15) The Plan Commission shall approve or deny all Improvement Location Permits requiring Development Plan Review and Planned Unit Developments. The procedures stated in the Rules of Procedures for the Plan Commission shall apply to all Plan Commission hearings.

NOTICE OF ABANDONMENTThe Notice of Abandonment is a document issued by the Zoning Administrator if a building or structure larger than two hundred (200) square feet or a small wind energy conversion system is determined abandoned or vacant.



AND PROCEDURESyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyy. The Zoning Administrator shall have the right to determine if a building

is considered vacant or abandoned based on evidence satisfactory to the Plan Commission, including but not limited to:

(1) Actual removal, minimal consumption or disconnection of equipment, furniture, machinery, structures, or other components of the use;

(2) The turning-off of the previously connected utilities;

(3) Lack of business receipts/records available to provide evidence that the use is in continual operation, where applicable;

(4) Lack of active lease agreements available to provide evidence that the use is in continual operation, where applicable;

(5) Visual observance;

(6) Interviews or statements obtained from surrounding property owners; or

(7) For instances of small wind energy conversion system the system is out-of-service for a continuous twelve (12) month period.

(8) Any other additional criteria set forth by the Plan Commission.

zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz. The Zoning Administrator or other designee of the Plan Commission shall have the right to inspect the property in question based on the guidelines set forth in Section 9.5 Inspection of Property – Right of Entry

aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa. The Zoning Administrator shall issue a Notice of Abandonment to the owner of the structure that is deemed to have been abandoned.

bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb. The Owner shall have the right to respond in writing to the Notice of Abandonment addressed to the Zoning Administrator within thirty (30) days from Notice receipt date.

(1) The Zoning Administrator shall withdraw the Notice of Abandonment and notify the owner that the Notice has been withdrawn if the owner provides information that demonstrates to the satisfactory of the Plan Commission that the building, structure, or small wind energy conversion system has not been abandoned.

(2) If the owner does not provide information that demonstrates to the satisfaction of the Plan Commission that the building, structure, or small wind energy conversion system has not been abandoned, the Zoning Administrator shall provide a letter to the property owner of this determination and remedies the owner must make within ninety (90) days to ensure the property or small wind energy conversion system is not abandoned.

cccccccccccccccccccccccccccccccccccccc. If within ninety (90) days, the remedies outlined from the Zoning Administrator have not been met, the property or small wind energy conversion system may be determined abandoned.



dddddddddddddddddddddddddddddddddddddd. If within forty (40) days of the date of which the Notice of Abandonment was sent, no response has been received from the property owner or other identified party, the property, building and/or structure or small wind turbine shall be deemed abandoned.

eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee. Once a structure is deemed abandoned, the structure is in violation of this Zoning Ordinance and loses the status of a legal nonconforming structure based on the Section 4.0 Non-Conforming Uses

(1) The Zoning Administrator shall have the right to decide if the status of the legal nonconforming structure may remain with the property.

ffffffffffffffffffffffffffffffffffffff. Once a structure is deemed abandoned and loses the status of a legal nonconforming structure based on Section 4.0 of this ordinance, the City of Whiting has the right to issue a citation based on Section 9.0 Administration and Enforcement.

Certificate of Zoning ComplianceA Certificate of Zoning Compliance, issued by the Zoning Administrator, shall be obtained prior to the issuance of an Improvement Location Permit. The following procedure applies to all Certificates of Zoning Compliance:

gggggggggggggggggggggggggggggggggggggg. A written request must be submitted to the Zoning Administrator outlining the location of the affected property.

hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh. The Zoning Administrator shall produce the Certificate of Zoning Compliance in the form of a written letter within ten (10) days of receiving the written request. The Certificate of Zoning Compliance letter will include:

(1) Verification of the zoning classification for the piece of property identified in the written request

(2) Signature of the Zoning Administrator and date

Administrative AppealCertain types of home occupations can be conducted within a dwelling unit or accessory structure on the resident's premises. Home occupations shall not be permitted except in compliance with this section and other applicable law. Two (2) classes of home occupations are established based on the type and intensity of the home occupation. Accordingly, minimum standards have been established for each class of home occupation in order to assure compatibility of home occupations with other uses permitted in the applicable district and to preserve the character of residential neighborhoods.

iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii. Application for Home Occupation. An application for an administrative Permit for a Type I Home Occupation or Special Exception for a Type II Home Occupation shall be signed by all owners and adult residents of the property in question and filed with the Department on forms provided by the Department. The Zoning Administrator shall review the application and classify the proposed Home Occupation as a Type I or Type II based upon:



AND PROCEDURES(1) The established standards for Type I and Type II Home

Occupations found in under District Standards for R-SF, R-MD-SZ and R-HD-SZ


jjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjj. Approval of a home occupation is not transferable to a location other than that which was approved.

kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk. In no case shall a home occupation be open to the public at times earlier than 7:00 a.m. nor later than 9:00 p.m.

llllllllllllllllllllllllllllllllllllll. All home occupations shall be subject to periodic inspections. Reasonable notice shall be provided to the permittee prior to the time requested for an inspection.

mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm. The Zoning Administrator, in the case of an Administrative Permit for a Type I Home Occupation, or the Board of Zoning Appeals in the case of a Special Exception Permit for a Type II Home Occupation, may impose reasonable conditions necessary to protect the public health, safety, and welfare, or to protect against a possible nuisance condition.

nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn. Administrative Permits issued by the Zoning Administrator, or Special Exception Permits issued by the Board of Zoning Appeals, may be revoked by the issuing authority for cause after reasonable notice to the permittee and an opportunity for hearing on the matter.

oooooooooooooooooooooooooooooooooooooo. Home occupations shall commence only after the receipt of an Administrative Permit if classified as a Type I, or Special Exception Permit if classified as a Type II.

pppppppppppppppppppppppppppppppppppppp. Permit Review Process. Applications for a home occupation are required according to the District Standards for R-SF, R-MD-SZ and R-HD-SZ




i. Zoning Administrator can approve or deny the application.

ii. If approved, an Administrative Permit for the home occupation shall be issued.

iii. Zoning Administrator may impose reasonable conditions as part of the approval.

iv. Applicant may appeal to the Board of Zoning Appeals if application is denied or if conditions are unacceptable. On appeal of a condition(s), appeal must be filed within fourteen (14) days of the date of the Zoning Administrator's approval of the Administrative Permit.





qqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqq. Enforcement. In the event the Zoning Administrator determines that the operation of any home occupation is in violation of this Section or any permit condition, notice shall be provided to the permittee setting forth a description of the violation, corrective action required, and a date by which such corrective action must be accomplished. The permit may be revoked if not corrected in the manner and by the date specified in the notice in accordance with the revocation procedures applicable to Special Exceptions. In addition, violations of this Section are subject to the penalties provided for in this Ordinance.

Adherence to Other RegulationsThe proceedings brought under this Division shall be subject to the procedures of this Ordinance, City Code, Indiana Code, and the adopted Rules and Procedures of the Plan Commission, where not inconsistent with the procedures of this Ordinance.

NotificationFor all public hearings, the notice shall be provided to the public consistent with the requirements of this Section, Indiana Code (IC 5-3-1) and Rules of Procedure.

FeesThe Plan Commission shall maintain the official schedule of fees, charges, and expenses and a collection procedure for permits, appeals, and other petitions pertaining to this ordinance. The schedule of fees shall be available to the public in the office of the Clerk-Treasurer and may be altered or amended only by resolution of the City Council.

rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr. Schedule of Fees. Until all applicable fees, charges, and expenses have been paid in full, no final action shall be taken on any permit application, appeal, or petition.

ssssssssssssssssssssssssssssssssssssss. Any person or persons who shall initiate construction of a structure prior to obtaining an Improvement Location Permit or any other required permit shall pay twice the amount of the current permit fee as established by the City Council.


8.0REVIEW AND APPROVAL OF DEVELOPMENT PLANS

REVIEW AND APPROVAL OF DEVELOPMENT PLANSPurpose

No location improvement permit, building permit, or occupancy permit shall be issued for any use upon any lot until a development plan has been submitted, reviewed, and approved in accordance with the following provisions.

tttttttttttttttttttttttttttttttttttttt. A development plan review is required if stated as required in Section 3.0 Zoning Map and Districts under each district standards.

Development Reviewuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu. Approval Authority. A Hearing Examiner has been delegated the

authority to approve certain development plans. All other development plan approvals must be approved by the Plan Commission. The Zoning Administrator may refer any proposed development to the Plan Commission if the Zoning Administrator decides the full Plan Commission review is warranted. Otherwise, the proposed development shall be forwarded to the Hearing Examiner.

(1) If the Zoning Administrator delegates the authority to approve the plan to the Hearing Examiner, the applicant may appeal the decision of the Plan Commission at least eighteen (18) days prior to a Plan Commission meeting.

(2) The development plan will then be heard by the Plan Commission, following the appropriate procedures set forth in this ordinance under Section 8.0 Review and Approval of Development Plans

vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv. Applicants are encouraged to meet with the Zoning Administrator for an informal conference to discuss the existing conditions of the site and the proposed development.

wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww. Application. The application for approval of a proposed development plan shall be submitted in the office of the Zoning Administrator and shall be accompanied by a fee. The Zoning Administrator will receive all applications and review for completeness. Any applications lacking necessary information will be deemed incomplete and returned to the applicant.

(1) Within fifteen (15) days after receiving the application, the Zoning Administrator will forward the application to the Technical Advisory Committee and will return a copy of said plan to the applicant with recommendations.

(2) Requirements. The application procedure shall follow the review requirements found in the Rules of Procedure.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx. Agency Review. The Zoning Administrator will be responsible for coordinating review with other agencies.

(1) The Zoning Administrator shall make a preliminary review of the plan for completeness, and adherence to this Ordinance, standards of the county, and the Comprehensive Plan.

Plan Commission Approval1 City of Whiting Unified Development Ordinance

8.0REVIEW AND APPROVAL OF

DEVELOPMENT PLANS(2) The Zoning Administrator will forward the application to the

Technical Advisory Committee for review. This review is intended to familiarize these agencies with the application and to allow feedback to the applicant regarding the proposed application. No approval is given as part of this step, and suggestions made by these agencies are advisory only and meant to assist the applicant.

yyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyy. Technical Advisory Committee (TAC)

(1) The TAC will have ten (10) working days to review the application and offer written comment to the Zoning Administrator.

(2) The Zoning Administrator shall provide written comment of their findings to the applicant.

zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz. Application Review and Submission. The following procedures govern complete application review:

(1) After the meeting described above, the applicant may make any modifications to the application. The applicant shall file in triplicate a complete application and all required materials, which shall follow the review requirements found in the Rules of Procedure.

Hearing Examiner Approvalaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa. Any development plan approval which has been delegated to the

Hearing Examiner may occur without public notice and without a public hearing.

bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb. The Hearing Examiner will have forty-five (45) days from the date of filing to approve or disapprove a development plan petition in writing.

ccccccccccccccccccccccccccccccccccccccc. The Hearing Examiner shall review the particular circumstances and facts applicable to the proposed project in terms of the standards and requirements as detailed in the section of the City’s Zoning Ordinance and shall make a determination as to whether the proposed project meets the standards set forth below:

(1) Compatibility of the development with surrounding land uses.

(2) If the application is consistent with the comprehensive plan.

(3) Availability and coordination of water, sanitary sewers, storm water drainage, and other utilities.

(4) Management of traffic in a manner that promotes conditions favorable to health, safety, convenience, and the harmonious development of the community. This development requirement shall ensure the:

i. Design and location of the proposed street and access points minimize safety hazards and congestion.

ii. Capacity of adjacent streets is sufficient to safely and efficiently accept traffic that will be generated by the new development.

Plan Commission ApprovalCity of Whiting Unified Development Ordinance 2


iii. Entrances, streets, and internal traffic circulation facilities in the development plan are compatible with existing and planned streets and adjacent developments.

iv. Safety and convenience of both vehicular and pedestrian circulation on-site, with appropriate tie-ins to adjacent public circulation systems.

v. Adequate accessibility for emergency vehicles.

(5) The location and design of driveways providing vehicular ingress to and egress from the site, in relation to streets giving access to the site and in relation to pedestrian traffic.

(6) The arrangement of uses on the site in relation to functional, efficient, and compatible arrangements with the site and also to adjacent uses.

ddddddddddddddddddddddddddddddddddddddd. The Hearing Examiner may seek and consider the input from any public officials, public bodies, and/or outside consultants as part of the development plan review process, prior to approving, disapproving, or approving with conditions, the development plan.

eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee. After the review of this project, the Hearing Examiner shall approve, disapprove, or approve with conditions the proposed development plan petition.

(1) Approval of the final application is subject to the following:

i. If phasing is included as part of the approval of the development plan, the applicant may submit final detailed plans that correspond to the phases involved. Such final detailed plans, when approved, shall be treated in the same manner as approved final detailed plans for the entire development.

ii. The approved final detailed plan or phase shall be stamped “Approved Final Detailed Plan” and be signed by the President and Secretary of the Plan Commission, with one copy permanently retained by the Zoning Administrator.

iii. Unless extended by the Plan Commission, approval of the first phase of the final detailed plan shall be obtained within three (3) years and approval of the balance of the final detailed plan shall be obtained within seven (7) years after approval has been granted, per IC 36-7-4-1109.

fffffffffffffffffffffffffffffffffffffff. The Hearing Examiner may permit or require the applicant to make written commitment concerning the use or development or may impose conditions upon the approval of the application. Where an owner has failed to comply with any condition and/or commitment permitted through approval of the application, the Hearing Examiner may authorize such action as it may deem appropriate to obtain compliance by the owner with the condition or commitment of approval of the application, or with the terms of this Ordinance in the same manner as if the application had not been approved.



DEVELOPMENT PLANSggggggggggggggggggggggggggggggggggggggg. Approval of the Development Plan

(1) Any covenants must be submitted for review by the Hearing Examiner to make sure no conflict exists with the Zoning Ordinance.

(2) The Hearing Examiner may require the recording of covenants for any property devoted to any reasonable public or semi-public purposes.

(3) Adequate provision shall be made for a private organization with direct responsibility to, and control by, the property owners involved to provide for the operation and maintenance of all common facilities, jointly shared by such property owners, including private streets that meet City construction standards if such facilities are a part of the development, and, in such instance legal assurances shall be provided and recorded which show that the private organization is self-perpetuating.

(4) Common facilities which are not dedicated to the public shall be maintained to standards assuring continuous and adequate maintenance. Common facilities not dedicated to the public shall be operated and maintained at no expense to any governmental unit.

(5) All private streets shall meet City Street Classifications and shall be maintained by the aforementioned private organization in such a manner that adequate access is provided at all times to vehicular traffic so that fire, police, health, sanitation, and public utility vehicles can serve the properties contiguous or adjacent thereto, and so that these vehicles will have adequate turning area. All streets and roadways not dedicated to the public shall be operated and maintained at no expense to any governmental unit.

(6) Plan of Record. All approved plans shall be recorded in the Office of the Lake County Recorder within two (2) years after approval, but before any development takes place. Failure to record shall automatically void the approval of the plans. The exact measurements, as to the location of buildings or structures erected during the development, are required to be recorded as part of the plan. The developer must submit a copy of the approved plan to the Zoning Administrator as an amended approved plan with the exact measurements thereon shown. Upon being satisfied that the measurements are substantially the same as indicated on the original approved plan, the Zoning Administrator shall re-approve, date and sign said amended approved plan, which the developer shall then record.

(7) Permit. An Improvement Location Permit shall not be issued until the Hearing Examiner approves the development plan and all conditions are met.

(8) Construction. The following procedures shall govern construction of the development:



i. No construction or installation work shall be done on any public improvements until the petitioner has notified the appropriate government inspector(s) of his intention to begin such work, in order that inspections may be made as work progresses.

ii. All development shall be in conformity with the approved and recorded plan and any material deviations from the approved and recorded plan shall be subject to appropriate enforcement action as provided for in this Ordinance.

(9) Any interested party may appeal the decision of the Hearing Examiner to the Plan Commission within 30 days of the written decision.

(10) The Hearing Examiner shall make and sign written findings concerning each decision to approve or disapprove a development plan. The findings of fact must support the following statements.

i. Is consistent with the Comprehensive Plan,

ii. Is consistent with the intent of the zoning district; and

iii. Satisfies the intent of this Zoning Ordinance.

Plan Commission ApprovalIf the proposed development is referred to the Plan Commission, the petition will follow the process set forth below.

hhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh. All Development Plan Approval petitions referred to the Plan Commission shall:

(1) Be filed at least eighteen (18) days prior to the initial date at which they are to be considered by the Plan Commission.

(2) Make known any requests for waiver of development requirements in connection with a development plan approval on the application form and submit supporting information with the application, or the waiver will not be considered.

(3) Include all relevant plan and documentation as required below.

iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii. Any development plan approval the Plan Commission reviews shall have a public hearing.

jjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjjj. Plan Hearing. The Plan Commission Hearing shall be conducted in accordance with the Plan Commission Rules of Procedure.

kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk. Following the public hearing, the Plan Commission shall review the particular circumstances and facts applicable to the proposed project in terms of the standards and requirements as detailed in this section of the City’s Zoning Ordinance and shall make a determination as to whether the proposed project meets the standards set forth below:

(1) Compatibility of the development with surrounding land uses.

(2) If the application is consistent with the comprehensive plan.



DEVELOPMENT PLANS(3) Availability and coordination of water, sanitary sewers, storm water

drainage, and other utilities.

(4) Management of traffic in a manner that promotes conditions favorable to health, safety, convenience, and the harmonious development of the community. This development requirement shall ensure the:

i. Design and location of the proposed street and access points minimize safety hazards and congestion.

ii. Capacity of adjacent streets is sufficient to safely and efficiently accept traffic that will be generated by the new development.

iii. Entrances, streets, and internal traffic circulation facilities in the development plan are compatible with existing and planned streets and adjacent developments.

iv. Safety and convenience of both vehicular and pedestrian circulation on-site, with appropriate tie-ins to adjacent public circulation systems.

v. Adequate accessibility for emergency vehicles.

(5) Specific development requirements set forth in the Zoning Ordinance and Subdivision Control Ordinance.

(6) The location and design of driveways providing vehicular ingress to and egress from the site, in relation to streets giving access to the site, and in relation to pedestrian traffic.

(7) The arrangement of uses on the site in relation to functional, efficient, and compatible arrangements with the site and also to adjacent uses.

(8) The Plan Commission may further require landscaping, fences, and walls in pursuance of these objectives and they shall be provided and maintained as a condition of the establishment and continued maintenance of any use to which they are appurtenant.

(9) The cost estimates as required in this section may be reviewed by the appropriate City officials and/or consultants. These reviews and recommendations shall be forwarded to the Plan Commission for inclusion in any approved development plan.

(10) The Plan Commission may waive development plan information for topography, vegetation, problem soils, landscaping, employment data, environmental considerations, etc., when such concerns are obviously not pertinent to the proposed development.

(11) The Plan Commission may seek and consider the input from any public officials, public bodies, and/or outside consultants as part of the development plan review process, prior to approving, disapproving, or approving with conditions, the development plan.



lllllllllllllllllllllllllllllllllllllll. After the review of this project, the Plan Commission shall approve, disapprove, or continue consideration of the proposed development plan petition.

(1) Approval of the final application is subject to the following:

i. If phasing is included as part of the approval of the development plan, the applicant may submit final detailed plans that correspond to the phases involved. Such final detailed plans, when approved, shall be treated in the same manner as approved final detailed plans for the entire development.

ii. The approved final detailed plan or phase shall be stamped “Approved Final Detailed Plan” and be signed by the President and Secretary of the Plan Commission, with one copy permanently retained by the Zoning Administrator.

iii. Unless extended by the Plan Commission, approval of the first phase of the final detailed plan shall be obtained within three (3) years and approval of the balance of the final detailed plan shall be obtained within seven (7) years after approval has been granted, per IC 36-7-4-1109.

mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm. The Plan Commission may permit or require the applicant to make written commitment concerning the use or development or may impose conditions upon the approval of the application. Where an owner has failed to comply with any condition and/or commitment permitted through approval of the application, the Plan Commission may authorize such action as it may deem appropriate to obtain compliance by the owner with the condition or commitment of approval of the application, or with the terms of this Ordinance in the same manner as if the application had not been approved.

nnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn. Approval of the Development Plan

(1) Any covenants must be submitted for review by the Plan Commission to make sure no conflict exists with the Zoning Ordinance.

(2) The Plan Commission may require the recording of covenants for any property devoted to any reasonable public or semi-public purposes.

(3) Adequate provision shall be made for a private organization with direct responsibility to, and control by, the property owners involved to provide for the operation and maintenance of all common facilities jointly shared by such property owners, including private streets that meet City construction standards, if such facilities are a part of the development, and, in such instance legal assurances shall be provided and recorded which show that the private organization is self-perpetuating.

(4) Common facilities which are not dedicated to the public shall be maintained to standards assuring continuous and adequate maintenance. Common facilities not dedicated to the public shall



DEVELOPMENT PLANSbe operated and maintained at no expense to any governmental unit.

(5) All private streets shall meet City Street Classifications and shall be maintained by the aforementioned private organization in such a manner that adequate access is provided at all times to vehicular traffic so that fire, police, health, sanitation, and public utility vehicles can serve the properties contiguous or adjacent thereto, and so that these vehicles will have adequate turning area. All streets and roadways not dedicated to the public shall be operated and maintained at no expense to any governmental unit.

(6) Plan of Record. All approved plans shall be recorded in the Office of the Lake County Recorder within two (2) years after approval, but before any development takes place. Failure to record shall automatically void the approval of the plans. The exact measurements, as to the location of buildings or structures erected during the development, are required to be recorded as part of the plan. The developer must submit a copy of the approved plan to the Zoning Administrator as an amended approved plan with the exact measurements thereon shown. Upon being satisfied that the measurements are substantially the same as indicated on the original approved plan, the Zoning Administrator shall re-approve, date, and sign said amended approved plan, which the developer shall then record.

(7) Permit. An Improvement Location Permit shall not be issued until Plan Commission approves the development plan and all conditions are met.

(8) Construction. The following procedures shall govern construction of the development:

i. No construction or installation work shall be done on any public improvements until the petitioner has notified the appropriate government inspector(s) of his intention to begin such work, in order that inspections may be made as work progresses.

ii. All development shall be in conformity with the approved and recorded plan, and any material deviations from the approved and recorded plan shall be subject to appropriate enforcement action as provided for in this Ordinance.

(9) Changes to the Approved Plan. In the exercise of continuing jurisdiction, the Zoning Administrator may from time to time approve only minor modifications of the approved development plan in a manner consistent with the approved development. Such modifications shall not include any increase in density, any lessening of aesthetic treatments, any alteration of frontage or building location, any change in type of use, or any change in access, circulation, or drainage.



i. The Zoning Administrator shall have discretion on the amount of changes allowed to be made to the approved plan before going back to the Plan Commission.

(10) Extensions, Abandonment, and Expiration. Extensions of the time for accomplishing any matters set forth within this Ordinance may be granted by the Plan Commission at a public hearing for good cause shown.

(11) Adherence to Other Regulations. The proceedings brought under this Division shall be subject to the procedures of this ordinance, Whiting City Code, Indiana Code, and the adopted Rules and Procedures of the Plan Commission, where not inconsistent with the procedures of this Ordinance.


9.0ADMINISTRATION AND ENFORCEMENT

ADMINISTRATION AND ENFORCEMENTOrdinance Administration

The Whiting Plan Commission’s appointed Zoning Administrator shall have the principal responsibility for implementation and enforcement of this Ordinance. The Zoning Administrator is hereby designated and authorized to enforce this zoning Ordinance and receive applications, issue permits, and furnish the required certificates. The Zoning Administrator will inspect sites and structures for compliance with applicable provisions of the law under the authority of this Ordinance. The Zoning Administrator shall keep records of all correspondence, applications, permits, inspections, and certificates or notices issued. All papers that relate to buildings that are regulated under this Ordinance shall be retained on file and will be open for public inspection during regular business hours.

Advisory Plan CommissionThe Plan Commission is hereby authorized to perform those duties and functions specified in the Rules of Procedure, IC 36-7-4-400 et seq., and other applicable sections of Indiana law, and such other responsibilities as may be assigned to it from time to time by the City Council or Board of Zoning Appeals.

Advisory Board of Zoning AppealsThe Advisory Board of Zoning Appeals is hereby authorized to perform those duties and functions specified in the Rules of Procedure, IC 36-7-4-900 et seq., and other applicable sections of Indiana law, and such other responsibilities as may be assigned to it from time to time by the City Council and Plan Commission.

Hearing OfficerThe Board of Zoning Appeals shall recommend a hearing officer to the Plan Commission. The hearing officer shall have all powers and duties outlined in IC 36-7-4-923 et. seq. If the Plan Commission so approves, it shall appoint the Hearing Officer to hear cases as follows:

ooooooooooooooooooooooooooooooooooooooo. VARIANCE OF DEVELOPMENT STANDARDS.

(1) If, after all notice requirements have been met, and no written or oral objections are filed with the Zoning Administrator, the Hearing Officer may approve the petition.

(2) If an oral or written objection is filed and the objecting party is not satisfied with the explanation of the petition at the hearing before the Hearing Officer, the petition will automatically be sent to the Board of Zoning Appeals at its next regularly scheduled meeting.

(3) If the Hearing Officer does not wish to make a finding on a proposed petition, the Hearing Officer shall notify the applicant and all of the notices parties that the petition shall be heard by the Board of Zoning Appeals at its next regularly scheduled meeting.

Exclusion1 City of Whiting Unified Development Ordinance

9.0 ADMINISTRATION AND ENFORCEMENT

(4) If the Hearing Officer denies the petition, the Hearing Officer shall inform the applicant and any interested parties of the reasons for the decision. The hearing officer shall inform the applicant that the applicant may request the Board of Zoning Appeals to hear the petition. If the applicant so requests, within thirty (30) days, the Hearing Officer shall cause the petition to be filed on the docket of the next regularly scheduled meeting of the Board of Zoning Appeals.

ppppppppppppppppppppppppppppppppppppppp. HEARING. The hearing shall be conducted in a similar fashion to the regular meetings of the Board of Zoning Appeals. The meeting shall be noticed in the Northwest Indiana Times Newspaper, conducted at a time to be determined by the Hearing Officer, and videotaped. Minutes shall be taken and a written decision made.

Inspection of Property – Right of EntrySubject to obtaining the consent of the owner/occupant of premises, the Zoning Administrator may enter upon any premises at any reasonable time for the purpose of inspecting all lands located within the jurisdiction of the Plan Commission and carrying out their duties in the enforcement of this Ordinance.

qqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqqq. In no event shall the Zoning Administrator have the right to enter residential structures or other structures not open to the public without the permission of the owner/occupant or an administrative search warrant first obtained.

rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr. Prior to entering such residential structures or other structures not open to the public, the Zoning Administrator shall advise the owner/occupant that such owner/occupant is not required to grant entry without the presentation of an administrative search warrant.

sssssssssssssssssssssssssssssssssssssss. In the event that access is denied by the owner/occupant of premises, the Zoning Administrator may make application to the City Court judge for the issuance of an administrative search warrant.

(1) Such application shall identify the premises upon which entry is sought and the purpose for which entry is desired.

(2) The application shall state the facts giving rise to the belief that a condition, that is in violation of this Ordinance exists on the premises, or that such a violation in fact exists and must be abated, and that the condition or violation is not a lawful nonconforming use to the best of the affiant’s belief.

(3) Any warrant issued pursuant to such application shall order such owner or occupant to permit entry to the Zoning Administrator for the purposes stated therein.

Stop-Work Orderttttttttttttttttttttttttttttttttttttttt. The Zoning Administrator is empowered to issue a Stop-Work order

requiring the suspension of land improvement of any kind when any of the following circumstances exist:

Violations and CitationsCity of Whiting Unified Development Ordinance 2


(1) Site improvement is occurring without an Improvement Location Permit or other permit required by this ordinance having first been obtained; or

(2) Site improvement is occurring in violation of the terms, conditions or provisions of this Ordinance; the terms, provisions, conditions or commitments of a variance grant or special exception; the terms of commitments made in connection with the approval of a development plan filed in connection with a petition for zone map amendment; or other approval grant authorized by this Ordinance.

uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu. The Stop-Work order shall be posted on the property in a conspicuous place, or personally delivered to the owner, possessor, or person in charge and state the conditions under which construction or other activity may be resumed.

vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv. The Zoning Administrator shall meet with the recipient of a Stop-Work Order upon request to explain the conditions under which construction or other activity may be resumed.

wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww. The Plan Commission may institute a lawsuit in a court of competent jurisdiction to enforce the provisions of a Stop-Work Order.

Violations and CitationsA violation exists with the erection, alteration, enlargement, maintenance, or use of any building, structure, or land in violation of any provision of the Zoning Ordinance, Subdivision Control Ordinance, or Building Code applicable to such building, structure, or land in the zone in which it is located.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx. CIVIL VIOLATION: EXCEPTIONS. Any person, firm, or corporation who uses property in violation of the Zoning Ordinance, or who knowingly permits another person, firm, or corporation to do so, shall upon citation by the designated enforcement entity be deemed to have committed a civil zoning violation and shall pay to the City a civil monetary fine in the amount prescribed in the Rules of Procedure of the Plan Commission.

(1) The citation shall serve as notice to the responsible party(ies) that he has committed a civil zoning violation.

(2) Each separate day that the violation remains uncorrected is a distinct and separate zoning violation subject to an additional citation and fine in the amount prescribed in the Rules of Procedure.

yyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyy. CITATION FOR CIVIL ZONING VIOLATIONS.

(1) The Zoning Administrator or his duly authorized designee(s), upon verification of a civil zoning violation, may issue a civil violation to any responsible party(ies) who commit(s) a civil zoning violation. The citation may be served by personal service or by certified mail or by placement in a conspicuous place on the property where the civil zoning violation occurs. The citation shall serve as notice to the responsible party(ies) that they have committed a civil zoning



violation. If personal service of a civil zoning violation is made by a zoning official, said official will:

i. Wear, in a conspicuous manner, identification from the City; and

ii. Wear, in a conspicuous manner, identification of employment with the City.

(2) Where a zoning violation exists, the Zoning Administrator, or his duly authorized designee, may issue a citation against the property owner for the violation without first issuing a Notice of Violation and allow for a period of time for the property owner to correct the violation and to comply with the appropriate section of the Ordinance. At the expiration of the period of time granted for compliance, the Zoning Administrator, or his designee, in his discretion, may continue to issue a citation for the zoning violation or forward a copy of the citation to the designated enforcement entity and the Whiting City Court, which shall schedule the case for trial.

(3) The Notice of Violation may include:

i. Date of issuance

ii. Name and address of the person(s) charged

iii. Section number of the Zoning Ordinance that has been violated

iv. Nature of the civil zoning violation

v. Place and time that the civil violation occurred

vi. Range of fines which could be assessed upon continued noncompliance activity

vii. Specific time allowed to bring the civil violation into compliance

viii. Name, business address, and telephone number of zoning official issuing the citation

ix. Date and time of notice given and number of days given on notice

(4) The citation may be on a form adopted by the City Attorney and shall include:

i. Date of issuance

ii. Name and address of the person(s) charged

iii. Section number of the Zoning Ordinance that has been violated

iv. Nature of the civil violation

v. Place and time that the civil violation occurred

vi. Amount of the civil fine assessed



vii. Specific time allowed to bring the civil violation into compliance or the date, time, and location of the court in which the civil violation will be adjudicated

viii. Name, business address, and telephone number of the zoning official issuing the citation

ix. Date and time of notice given and number of days given on notice

x. A notice stating that if the violation described in the citation is not corrected in the stated number of days, a trial may be scheduled.

zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz. TRIAL FOR CIVIL ZONING VIOLATION.

(1) Upon issuance of the citation, the Zoning Administrator, in his discretion, may forward a copy of the citation to the designated enforcement entity and the Whiting City Court, which shall schedule the case for trial.

(2) The City Attorney, their designee, or the Zoning Administrator is responsible for the enforcement of this Ordinance.

(3) All procedures will be in compliance with the Indiana Rules for Civil Procedures and will adopt court cost recovery for the infractions according to the State of Indiana.

(4) In proceedings before the Court for a Civil Zoning Violation:

i. The designated enforcement entity has the burden of proving the civil zoning violation and that the alleged violator committed the infraction, by a preponderance of the evidence presented at trial.

ii. The alleged violator may question all witnesses who appear for the designated enforcement entity and produce evidence or witnesses on the violator’s behalf

(5) A person found guilty of a civil zoning violation is liable for the fine, court costs, and fees. No costs may be assessed against the designated enforcement entity in any such action.

(6) Seeking a civil penalty as authorized by this Section does not prevent the designated enforcement entity from seeking alternative relief from the Court in the same action, or from seeking injunctive relief available under the law of the State of Indiana, or any other remedy in a separate action for the enforcement of the Zoning Ordinance.

(7) When a violator has been found guilty of a civil zoning violation, the Court may impose additional civil penalties and grant appropriate relief to abate or halt the violation, and the Court may direct that payment of the civil monetary fine or additional civil penalties be suspended or deferred under conditions established by the Court. If a violator fails to pay the civil penalty or violates the terms of any other order imposed by the Court, the failure is contempt.



(8) A change of venue from the City of Whiting, Indiana, shall not be granted in such a case.

Permits and FeesThe Plan Commission shall establish in the Rules of Procedure a schedule of fees, charges, and expenses and a collection procedure for the administration and enforcement of this Ordinance. The schedule of fees shall be available to the public in the office of the Clerk-Treasurer and may be altered or amended only by resolution of the City Council. No action shall be taken on any application or appeal until all fees, charges, and expenses have been paid in full.

aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa. Any person or persons who shall initiate construction of a structure prior to obtaining an Improvement Location Permit or any other required permit shall pay twice the amount of the current permit fee as established by the City Council.

bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb. The owner or tenant of any building, structure, or premises and any other person who participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties prescribed by this Section.

ComplaintsWhenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the causes and basis thereof and shall be filed with the Office of the Plan Commission. The Zoning Administrator shall investigate the complaint, take immediate action and may refer the matter to the Plan Commission, Board of Zoning Appeals, or the City Attorney for review. The Zoning Administrator shall have authority to enter upon property at any time to investigate a written complaint

Performance Guarantees To ensure compliance with all development plan standards, Planned Unit Developments, and any conditions imposed there under, the Plan Commission may require that a cash certified check, irrevocable bank letter of credit, or surety bond acceptable to the City, equaling 110% of the Plan Commission’s estimated installed cost of improvements associated with a project for which development plan approval is sought, be deposited with the City to ensure faithful completion of the improvements and also be subject to the following:

cccccccccccccccccccccccccccccccccccccccc. The performance guarantee shall be deposited prior to the onset of any construction, clearing of land, or earth moving related to the development plan. The City may establish procedures whereby a rebate of any cash deposits in reasonable proportion to the portion of work completed on the required improvements will be made as work progresses. Any partial release of funds shall be less than ten (10) percent, which shall be retained by the City until all work has been completed and subsequently inspected and approved by the City or its agents. This does not relieve the applicant from satisfying all applicable



maintenance warranties and/or guarantees necessary to ensure proper functioning of said public improvements.

dddddddddddddddddddddddddddddddddddddddd. As used in this section, “improvements” mean those features and actions associated with a project that are considered necessary by the Plan Commission to protect natural resources or the health, safety, and welfare of the residents of the City and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening, landscaping, and surface drainage. Improvements do not include the entire project that is the subject of development plan approval.

Effect on Annexation or Vacation or ZoningAfter the effective date of this ordinance, areas annexed by the City of Whiting shall be zoned R-SF. In any case:

eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee. Within sixty (60) days after the effective date of annexation, the Plan Commission shall submit to the legislative body a recommended plan for zoning the area.

ffffffffffffffffffffffffffffffffffffffff. An Improvement Location Permit shall not be issued in an area annexed by a legislative body until a plan for zoning for the area has been adopted, provided, however, that such a permit may be issued for a single or two-family dwelling unit on a lot of record in a recorded subdivision, provided that all other provisions of the ordinance are complied with.

gggggggggggggggggggggggggggggggggggggggg. Whenever any street, alley, public way, railroad right-of-way, waterway, or other similar area is vacated by proper authority, the districts adjoining each side of the street, alley, public way, railroad right-of-way, or similar areas shall be extended automatically to the center of the vacation, and all areas included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts. In the event of a partial vacation, the adjoining district, or district nearest the portion vacated, shall be extended automatically to include all of the vacated area.

ExclusionNothing in this Ordinance or in any rules, regulations, or orders issued pursuant to this Ordinance shall be deemed to restrict or regulate, or to authorize any unit of government, legislative body, plan commission or Board of Zoning Appeals now or hereafter established to restrict or regulate, the exercise of the power of eminent domain by the State of Indiana or by any state agency, or the use of property owned or occupied by the State of Indiana or any state agency. As used in this Section, the term "state agency" shall mean and include all agencies, boards, commissions, departments, and institutions, including state educational institutions of the State of Indiana.


zoning ordinance of... · web view9.11 effect on annexation or vacation or zoning 9-3 9.12...

Documents