Received 11/18/15 Clerk-Treasurer email Auburn in 46706 ordinance no. 2015-15 an ordinance to amend portions of chapter 150 of title XV: land usage of the auburn city code



Download 1.48 Mb.
Page1/15
Date23.04.2018
Size1.48 Mb.
  1   2   3   4   5   6   7   8   9   ...   15

1ST READING _______________________

2ND READING _______________________





Received 11/18/15

Clerk-Treasurer email

Auburn IN 46706

ORDINANCE NO. 2015-15

AN ORDINANCE TO AMEND PORTIONS OF CHAPTER 150 OF TITLE XV: LAND USAGE OF THE AUBURN CITY CODE
SUMMARY

This Ordinance amends and reformats portions of Chapter 150 entitled Zoning Code; all contained within Title XV “Land Usage” of the Auburn City Code and will replace the current Chapter 150 version of the Auburn City Code. The changes upon passage shall be located on the City of Auburn, Indiana web based code of ordinances located at www.ci.auburn.in.us. The changes to Chapter 150 of the Auburn City Code consist of the following: Reformatting the prior ordinance to be more easily referenced and accessed; adding section 150.320, and adding the new Downtown Form Based zoning code Sections of 150.241, 150.242 & 150.243. This ordinance will replace the prior Chapter 150 in its entirety. An original copy of this ordinance shall be retained by the Clerk-Treasurer. The summary of this Ordinance shall be published one (1) time after passage in a newspaper of general circulation in DeKalb County, Indiana. A full version of this Ordinance may be obtained from the Clerk-Treasurer in hard copy or electronic format. Upon codification, the entire Ordinance will be located on the City of Auburn internet site at Chapter 150 of the Auburn City Code.

_________________ Recorder’s Office _________ Publish Public Hearing

_________________ Auditor’s Office ____________________________

_________________ Clerk’s Office ____x___ Publish Summary O/R adoption

_________________ Other



ORDINANCE NO. 2015-15

AN ORDINANCE TO AMEND PORTIONS OF CHAPTER 150 OF TITLE XV: LAND USAGE OF THE AUBURN CITY CODE
WHEREAS, the City of Auburn zoning laws and regulations are set forth in Chapter 150 of the Auburn City Code; and

WHEREAS, the City of Auburn by and through the Department of Building, Planning and Development and the Plan Commission has made modifications to the City of Auburn Zoning Code and made a favorable recommendation to the City Council; and

WHEREAS, the City of Auburn Plan Commission has held a public hearing with regard to the modifications set forth herein; and

WHEREAS, one of the essential components of this Ordinance is the institution of the Auburn Downtown Form Based Zoning Code; and

NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF AUBURN, INDIANA that portions of Chapter 150 “Zoning Code” of the City of Auburn, Indiana shall be hereby amended and the entire Chapter 150 shall be restated in its entirety as follows:

Section I.

Section 150 shall be amended and replaced in its entirety on the City of Auburn web-based internet code with that which is attached as Exhibit “A” hereto.

Section II.

This Ordinance amends and reformats portions of Chapter 150 entitled Zoning Code; all contained within Title XV “Land Usage” of the Auburn City Code and will replace the current Chapter 150 version. The changes consist of: reformatting the prior ordinance to be more easily referenced and accessed; adding section 150.320, and adding the new Downtown Form Based zoning code Sections of.150.241, 150.242 & 150.243. This ordinance as set forth in Exhibit “A” shall replace the prior Chapter 150 of the Auburn City Code in its entirety.

Section III.
This Ordinance shall be in full force and effect from and after its passage by the Common Council, signing by the Mayor, and publication of the summary of this ordinance in a newspaper of daily circulation within DeKalb County, Indiana. Upon passage the codified version of said Ordinance attached as Exhibit “A” hereto shall be placed on the City of Auburn internet site under the Auburn Code of Ordinances as further set forth herein.


PASSED AND ADOPTED by the Common Council of the City of Auburn, Indiana, this
_____ day of _____________________, 2015.







______________________________________

JAMES FINCHUM, Councilmember


ATTEST:
____________________________

Patricia Miller, Clerk-Treasurer


Presented by me to the Mayor of the City of Auburn, Indiana, this _____ day of
__________________, 2015



__________________________________

PATRICIA M. MILLER, Clerk-Treasurer

APPROVED AND SIGNED by me this ____ day of ______________, 2015.


________________________________

NORMAN E. YODER, Mayor

VOTING: AYE NAY


Denny Ketzenberger


Dennis “Matthew” Kruse


James Finchum


David Painter


Mike Watson


Kevin Webb


Michael Walter

Exhibit “A”

ZONING

CHAPTER 150: ZONING CODE


GENERAL PROVISIONS AND PURPOSE 11

150.110 SHORT TITLE 11

150.120 PURPOSE AND BASIC PROVISIONS OF CHAPTER 11

150.130 RULES OF CONSTRUCTION 12

150.140 INTERPRETATION OF THE ZONING MAP 13

150.150 DEFINITIONS 14

DISTRICT REGULATIONS 33

150.210 CONFORMITY WITH THIS CHAPTER 33

150.220 TYPES OF DISTRICTS 33

150.228 A-1 DISTRICT – AGRICULTURAL/RURAL RESIDENTIAL DISTRICT 33

150.229 R-E DISTRICT - SINGLE-FAMILY ESTATE/LOW DENSITY RESIDENTIAL DISTRICT 36

150.230 R-1 DISTRICT - SINGLE-FAMILY URBAN/LOW DENSITY RESIDENTIAL DISTRICT 37

150.231 R-2 DISTRICT - SINGLE-FAMILY URBAN RESIDENTIAL DISTRICT 38

150.232 R-3 DISTRICT - MULTI-FAMILY RESIDENTIAL DISTRICT 39

150.233 C-1 DISTRICT - NEIGHBORHOOD COMMERCIAL DISTRICT 40

150.234 C-2 DISTRICT - GENERAL COMMERCIAL 40

150.235 I-1 DISTRICT - LIGHT INDUSTRIAL/HIGH-TECH/HEAVY COMMERCIAL DISTRICT 41

150.236 I-2 DISTRICT - HEAVY INDUSTRIAL DISTRICT 44

150.237 MH DISTRICT - MANUFACTURED HOUSING/MOBILE HOME PARK DISTRICT 46

150.238 OS DISTRICT - OPEN SPACE/RECREATIONAL DISTRICT 46

150.239 ETR OVERLAY DISTRICT – EARLY TRADITIONAL RESIDENTIAL OVERLAY DISTRICT (Ord. 2014-03 passed 02.18.14) 46

150.240 PLANNED UNIT DEVELOPMENT (PUD) 48

150.241 DFB-C District – Downtown Form Based Code Core District 50

150.242 DFB-T District – Downtown Form Based Code Transitional District 50

150.243 DFB-B District – Downtown Form Based Code Buffer District 50

150.250 DEVELOPMENT PLAN - ALL DISTRICTS 52

150.251 DEVELOPMENT PLAN - MANUFACTURED HOUSING/MOBILE HOME PARK DISTRICT 62

150.252 DEVELOPMENT PLAN REGULATIONS - PLANNED UNIT DISTRICTS 64

150.253 DEVELOPMENT PLAN REGULATIONS - CEMETERIES 66

150.260 REQUIREMENT FOR ZONING CLASSIFICATION 66

SUPPLEMENTARY REGULATIONS 68

150.310 MISCELLANEOUS REGULATIONS 68

150.311 SUPPLEMENTARY USE REGULATIONS 74

150.312 HEIGHT REGULATIONS 76

150.320 LOT AREA REGULATIONS 81

150.321 EXCEPTIONS TO AREA AND WIDTH REQUIREMENTS 82

150.330 YARD REQUIREMENTS - ALL DISTRICTS CONFORMING TO YARD 84

150.331 GENERAL PROVISIONS AND EXCEPTIONS TO YARD REQUIREMENTS 86

150.340 RESIDENTIAL BUILDING SIZE - SPECIFIED DISTRICTS 90

150.350 OFF-STREET PARKING 91

150.351 OFF-STREET LOADING AND UNLOADING 96

150.360 CONTINGENT USES - ALL DISTRICTS 98

150.361 CONTINGENT USES - SELECTED DISTRICTS 99

150.362 FACTORS FOR PERMITTED CONTINGENT USES 100

150.370 PURPOSE OF SPECIAL USES 101

150.371 PERMITTED SPECIAL USES 101

150.372 PROCEDURES 102

SIGNAGE REGULATIONS 106

150.410 PURPOSE AND INTENT 106

150.410.01 PURPOSE 106

150.410.02 INTENT 106

150.420 DEFINITIONS 106

150.430 GENERAL PROVISION FOR ALL SIGNS 117

150.440 PROHIBITED SIGNS AND LOCATIONS 118

150.450 DESIGN STANDARDS 119

150.460 EXCEPTIONS TO SIGN REGULATIONS 123

150.470 TEMPORARY/PORTABLE SIGN REGULATIONS 124

150.470.01 REAL ESTATE SIGNS 124

150.470.01.01 RESIDENTIAL ZONES 124

150.470.01.02 AGRICULTURAL/COMMERICAL/INDUSTRIAL ZONES 125

150.470.02 SPECIAL EVENT SIGNS 127

150.470.03 POLITICAL CAMPAIGN SIGNS 128

150.470.04 GARAGE SALE SIGNS 128

150.470.05 SUBDIVISION CONSTRUCTION SIGNS 129

150.470.06 AGRICULTURAL/COMMERCIAL/INDUSTRIAL SALES/PROMOTIONAL EVENT SIGNS 130

150.470.06.01 LONG TERM BUSINESSES (SEE 150.420. DEFINITIONS) 130

150.470.06.01.01 LOCATED IN STAND ALONE STRUCTURES 130

150.470.06.01.02 LOCATED WITHIN SHOPPING CENTERS 131

150.470.06.02 SHORT TERM BUSINESSES (SEE DEFINITIONS) 132

150.470.06.02.02 LOCATED IN STAND ALONE STRUCTURES 132

150.470.06.02.02 BUSINESS LOCATED WITHIN SHOPPING CENTERS 134

150.470.06.03 OUTSIDE PRODUCT SALE SIGNS 135

150.470.07 STREET BANNERS 136

150.470.08 INTERIM SIGNS PENDING PERMANENT SIGN: 136



150.480 PERMANENT SIGN REGULATIONS 137

150.480.01 RESIDENTIAL DISTRICTS 137

150.480.01.01 HOME IDENTIFICATION SIGNS 137

150.480.01.02 SUBDIVISION/COMPLEX IDENTIFICATION SIGNS 138

150.480.02 COMMERCIAL DISTRICTS 139

150.480.02.01 A-1/AGRICULTURAL/LOW DENSITY RESIDENTIAL DISTRICT & C-1/NEIGHBORHOOD COMMERCIAL DISTRICT 139

150.480.02.01.01 LOCATED IN STAND ALONE STRUCTURES 139

150.480.02.01.02 LOCATED WITHIN SHOPPING CENTERS 140

150.480.02.02 C-2/GENERAL COMMERCIAL DISTRICT 142

150.480.02.02.01 LOCATED IN STAND ALONE STRUCTURES 142

150.480.02.02.02 LOCATED IN SHOPPING CENTER 143

150.480.03 INDUSTRIAL DISTRICTS 144

150.480.03.01 I-1/LIGHT INDUSTRIAL/HIGH-TECH/HEAVY COMMERCIAL 144

150.480.03.02 I-2/HEAVY INDUSTRIAL 146

150.480.04 OFF PREMISES SIGNS 147

150.480.05 SIGN REGULATIONS FOR CONTINGENT/SPECIAL USES 148



150.490 SIGN PERMIT PROCEDURES 148

150.495 VARIANCES 151

150.497 SIGN PERMIT FEES 152

150.500 PENALTY 152

NON-CONFORMING STRUCTURES AND USES 153

150.510 STRUCTURES AND USES AFFECTED BY ZONING 153

150.520 CONTINUANCE OF NON-CONFORMING STRUCTURES AND USES 153

150.530 NON-CONFORMING STRUCTURES 153

150.531 NON-CONFORMING USES OF LAND 154

150.532 NON-CONFORMING USES OF STRUCTURES OR OF STRUCTURES AND LAND IN COMBINATION 154

150.533 CONFORMING MOBILE HOME COURTS 155

150.534 NON-CONFORMING VARIANCE AND AVOIDANCE OF UNDUE HARDSHIP 155

150.550 NON-CONFORMANCE DUE TO RECLASSIFICATION 156

ADMINISTRATION AND ENFORCEMENT 157

150.610 ADMINISTRATION 157

150.611 PLAN COMMISSION 157

150.612 Department of Building, Planning and Development 158

150.613 BOARD OF ZONING APPEALS 159

150.620 AMENDMENTS TO ZONING CODE 160

150.630 IMPROVEMENT LOCATION PERMIT 161

150.640 CERTIFICATE OF OCCUPANCY 162

150.650 FEES 162

150.660 ENFORCEMENT AND PENALTIES 163

FLOODPLAIN MANAGEMENT 166

150.710 Statutory Authorization, Findings of Fact, Purpose, Objectives, and Floodplain Overly Districts 166

150.720 Definitions 167

150.730 GENERAL PROVISIONS 180

150.740 ADMINISTRATION 183

150.741 FLOODPLAIN OVERLAY DISTRICTS 185

150.742 FLOODWAY (FW) OVERLAY DISTRICTS 186

150.743 FLOODWAY FRINGE (FF) OVERLAY DISTRICT 186

150.750 PROVISIONS for FLOOD HAZARD REDUCTION 187

150.760 VARIANCE PROCEDURES 195

150.770 Severability 198

WETLANDS CONSERVATION 199

150.810 GENERAL PROVISIONS 199

150.820 WETLAND (W) DISTRICT 201

150.830 GENERAL DEVELOPMENT STANDARDS 204

150.840 NON-CONFORMING USES 204

150.850 BOARD OF ZONING APPEALS 205

SEXUALLY ORIENTED BUSINESSES 207

150.900 PURPOSE AND FINDINGS 207

150.901 DEFINITIONS 210

150.902 CLASSIFICATION 215

150.903 SEXUALLY ORIENTED BUSINESS LICENSE 215

150.904 LOCATION OF SEXUALLY ORIENTED BUSINESSES 223

150.905 REGULATIONS 225

150.906 PROHIBITION AGAINST CHILDREN IN A SEXUALLY ORIENTED BUSINESS 229

150.907 EXEMPTIONS 229

150.908 INJUNCTION 229

150.909 SEVERABILITY; CONFLICTING ORDINANCES REPEALED 229

150.910 HOURS OF OPERATION 230

150.911 PROHIBITION AGAINST EMPLOYEES OF THE POLICE DEPARTMENT 230

150.999 PENALTY 230


GENERAL PROVISIONS AND PURPOSE



Download 1.48 Mb.

Share with your friends:
  1   2   3   4   5   6   7   8   9   ...   15




The database is protected by copyright ©ininet.org 2020
send message

    Main page