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.
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