Decatur Daily Democrat, Volume 62, Number 257, Decatur, Adams County, 30 October 1964 — Page 10

PAGE TWO-A

BONINO ORDINANCE DEQATIR. INDIANA GENERAL ORDINANCE NO. IMI AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF DECATUR, INDIANA, GENERAL ORDINANCE NO. 11949, AS AMENDED. PASSED BY THE COMMON COUNCIL OF THE CITY OF DECATUR. ADAMS COUNTY, INDIANA. ON THE 18TII DAY OF OCTOBER. 1949, ENTITLED: (An Ordinance) '’Establishing a Boning plan tor the City ot Decatur to I conserve the value ot property In the city and to the end that adequate light, air convenience of Access, and safety from fire, flood and other dangers may be secured; that congestion In the public streets tnay he lessened or avoided; and that the public health, safety, comfort, morals, convenience and general public welfare may be promoted <n a manner which recognises the needs of Industry and Business In the tuture growth of the city and will encourage the development of health surroundings for family life In residential neighborhoods; all In accordance with a Master Plan designed to assure efficiency and economy in the process of development of the city, and for the purpose of: (1) regulating and limiting the height, area. bulk and use of buildings hereafter to be erected; (2) Regulating and determining the area of front, rear and side yards and other open spaces about buildings; (3) Regulating and determlnr: Ing the use and Intensity of use of land and lot areas; (4) classifying, regulating and redlstrlctlng the location of trades, calling*. Industries, commercial enterprises and the location ot buildings designed for specified uses; (5) Dividing the city Into districts of such kind, charm ter, number, shape and area as may be deemed necessary to carry out the purpose* of thia ordinance; to provide for administration and for penalties for this violating of its provisions; authorising the creation of a board of Boning appeals and providing for review of the decisions of such board by the court Thia ordinance, and ordinances supplemental or amendatory thereto, shall be known as the Zoning Ordinance of Decatur, adopted thia 18th day of October, 1849". AND TO ENACT A NEW ZONING ORDINANCE WHICH SHALL READ AS FOLIXIWH: AN ORDINANCE FOR THE DEVELOPMENT THROUGH ZONING. OF THE TERRITORY WITHIN THE JURISDICTION OF THE DECATUR CITY PLAN COMMISSION, CITY OF DECATUR, INDIANA. Re It ordained by the Common Council of the City of Decatur, Indiana, under authority of Chapter 174, Acts of 1947, and all acta amendatory thereto, General Assembly ”f tbe State of Indiana. SECTION I. SHORT TITLE This Ordinance, and ordinances supplement*! or amendatory thereto, shall be known, and may lu> cited hereirfler ns the "Zoning Ordinance of Decatur, Indiana — 1981". SECTION 2. ESTABLISH RENT OF IHSTHK'TS AND ZONE MAP The territory within the Jurisdiction of the Decatur City Plan Commission la hereby classified and divided Into nine (9) Districts designated as follows: RS—Suburban Residence District R-l -Residence District R-2—Residence District H -Homestead I>l st riel g-l—Local Business District B-2- -General 811 s 4 n ess Distrlct 8-2 —Roadside Business District 1-1 —Industrial District 1-2 —Industrial Expansion District The Zone Map. which accompanies and is hereby declared to be part of this Ordinance, shows th* boundaries of ami the area covered by the Districts. Notations, references, Indications and other matters shown on th* Zone Mai' are as much a part of this Ordinance tvs If they were fully degcrlbed herein MICTION a. RESIDENTIAL USES A REQI IREMENTM A Tlio residential Uses defined, below. Including Accessory Buildings and Uses, are permitted In the Districts indicated In Figure 1 when complying with the requirements listed therein, subject also to the provision of paragraph B.‘ herein. 1 Single-family Dwelling Is a Detached Building designed for or occupied by one Family, exclusively 2 A Two-family Dwelling Is a Detached Building designed for or occupied by two families, exclusively 3. A Multl-famlly Dwelling. Is a Building designed for or occupied by throe or more Families, exclusively 13 Other provision ;or Resldenlal Uses are as follows: t. I se of existing Lots deficient In urea or width i A Single-family Dwelling may be located on any Lot In any District In which Single-fam-ily Dwellings are permitted if the Lot was a single parcel separately described or a single parcel Included In a deed or Plat which was of record in the office of the Recorder of Adams County, Indiana, at tin- time of passage of tills ordinance, even, though tlie Lot does not have the minimum Lot Width or the minimum Lot Area specified for the District 2. Height i In Districts limiting height to twenty-five (25) feet or two (2), stories. a dwelling may lie Increased In height not to exceed thirty-five (35) het, If building is set back from required side and rear yard line one (1) foot for each (2) feet of height above twentyfive (25). :|. Partial Ise of Alley for Yard i One-half of an Alley abutting the rear or the side of a Lot may be Included tn the required Rear Yard dimension or Side Yard dimension, respectively. ■ 4. Frost lard Building Llaei a. Where 25', or more of the Lots In the Block are occupied by Buildings, the average setback of such Buildings determines the dimension of the Front Yard In the Block. i>,ut the Front Yard dimension need not exceed Forty (40) feet In any case. b. Building Lines or Building Set-back lines established in a recorded subdivision shall establish the dimension of Front Yards in such subdivisions. except when such Building Set-back Lines may be less restrictive as provided in Section 11 of this Ordinance c. On Through Lots a Front Yard Is required on) each Street. d. Open, unenclosed or screened porch (not a glass enclosed porch or sunparlor) may project into front yard a maximum of ten (10) feet. 5. Tapered I'ardi • Where a reversed Interior Lot aliuts a Corner Lot. or all Alley separutlong such Lots, an Accessory Building located

on the Rear Lot Line of a Corner Lot shall set back from th* side etreet as far as the Dwelling on tbe reversed interior lx>t. For each foot that such Accessory Building Is placed from the Rear Lot Line toward th* Front Imt Line of the Corner Lot. the Accessory Building may lie set 4 Inches closer to the side Street line, hut in ano can* closer than flv* (5) ** feet U. Accessory Buildings and t seal a. Accessory Building* are permitted in all Districts, but not prior to the erection of the Principal Building b. No Accessory Building shall be located closer to a Hid* Lot Line or a Rear Isit Line than three (3) feet nor exceed eighteen (18) feet In height and. If detached from the Principal Building, shall b* set back at least twenty-five feet form the Building Line. c. Accessory Uses such as public utility Installations, walks, driveways, curbs, retaining walls, mall boxes, name plate*, lamp posts, bird bath* and structures of a like nature are permitted in any required Front. Hide or Rear Yard, and with out permit. Femes, lattice work screens, hedges or walls, not more than seven (7) feet in height, and private swimming pools surrounded by a fence of at least flve(fi) feet high, may be located In th* required Hid* or Rear Yard, and a hedge, maintained so as not to exceed 3 feet in height may be located in any Front Yard. Trees, shrubs, flowers. or plants shall be permitted in any required Front, Hide or Rear Yard, except that Vision Clearance <>n Corner Lots shall he provided when required d. Accessory Buildings detached from the Principal Building may not occupy mor* than thirty (30%) pet cent of in* area devoted to the rw yarn SECTION X Bl HSKM L'MF.M AND HEQI IMKME.NTM The business Uses defined below are permitted in -th* Districts indicated in Figure 2. when complying with the requirements specified in Figure* 2, 8 and 4, and sublet I to the provisions of paragraph D. herein A. A Local Business Is one which Is primarily of a retail or service nature and is specifically classified or Implied in tlie following categories of uses: 1. Automobile Neryice — Ineludiagl a Filling Station b Public Garage, but not Including major repair or body work c. Public Parking Area <1 Sales Room e. open Sales Lot a. Business Service— -Including! a. Bank b. Office Btilldlng c Postal Station d. Telegraph Office e Utllty Company Businas* Office 3. Clothing Merrier— Including ■ n. Laundry Agency b Self-Service Laundry or Self-Service Dry Cleaner c. Dry Cleaning Establishment using not more Hinn two clotlics-cleanlng units, neither of which shall have n rated capacity of more than 80 lbs. using cleaning fluid which is non-exploslve and non - fla.ma.bn*. d. Dressmaking v ’ Millinery f Tailor and Pressing Shop K, Shoo Repair Simp 4. Equipment Service — Includi«gt ... , , , —tj - it. Radio or Television Repair Shop b Electric Appliance Repair Shop c Record Shop (I. Food Service—lncluding! a Grocery b Meat Market c Supermarket d. Restaurant e Delicatessen r Cold Storage Lockers, for individual Use g Bakery, provided floor uren used lor production shall not exceed seven hundred fifty (7t>o) square feet h Roadside Sales Stand <l, Personal Service— Including! a Barber shop b Beauty Shop c Reducing Salon d Phot ogt aplite Studio T. Retell Mervlee. Retail Store* 4iennernll> — lucl tiding i a Drug Store b Hardware or Paint Store c Stationer d Newsdealer e Show Rpnin nod Sales Area for. articles to be sold at re Inll f Commercial Greefthousc not exceeding 1,000 SQUUIM feet in area a Apparel Shop h Flower Shop I Ahtlquc Sh<>ti J Shoe Store k Variety Store I Toy Store in Jewelry Store n Sporting Goods Store H. Ilusluess Recreational I de*— Ineloillou i a Billiard Room I. Dancing Academy v Tavern or Night Club, only In conformity with t e quit emeiits of Taws or ordinances governing such use. d Sporting Activities 11. Private Club or Lodge 10. Motel It. Advertising Sign or Billboard 12. Necessory Biilldtng or Ise customarily incident to the above Ise* which may not hove more than forty (101 per cent of it* floor nrea devoted to storage purpose*. nml iii-ovtiled that not more Hinn five 1-D person* ore employed nt one lime or on nn? oar shift In eonnretlou with such tncldentnl I «e. Local Business Uses, categories 2 through Id Inclusive and 12. shall be conducted within Buildings so constructed that no noise of any kind produced therein shall lie audible beyond the confines of the Building H A Roadside Business Use is one which normally requires drive-in facilities related to a street <>r highway, and is primarily of a retail or service listure specifically stated or Implied lit the “following categories: 1 Local Business Uses 2 Automobile. Truck or Trailer Rental and Sales Area 3. Automobile and Truck Repair, entirely within enclosed Buildings 4. Indoor Theatre 5. Bowling Alley or Roller Rink, entirely within enclosed Building* 6. Department Store 7 Hotel 8 Veterinary Hogpitul for Small Animals 9. Kehnal «• 10. Radio and Television Studios / 11 Newspaper Publishing 12. Motor Bus or Railroad Passenger Station 13. Accessory Buildings or Use customarily incidental to the above Uses C. A Gclivral Business Use In? eluding A> cessory Uses includes Jhe ’ Uses, speclfl--cully staled or lipplled. a* fol-

low*: 1. Local Buxines* Uxex 2 Rqadxlde Busin*** UIM 3. Storage Warehouse 4. Wholesale Estaldixhmsnt &. Any Buslnax* Us* not specifically staled or implied elsewhere In th* Ordinance «. Accessory Building* or Use customarily Incidental te the above Use*. D Other Privielons and Requirement* tor Busin*** U»e* ar* as follows: 1. Parking Space* shall be provided on th* Lot, or a* a Special Exception within three hundred (8041) feet thereof, a* Indicated in Figure 3. 3 Group* of use requiring Parking Space may Join In establishing Private Parking Are* with capacity aggregating that required for each participating Use 3. Loading and Unloading Berths shall be provided on the Lot as -indicated in Figure 4, except that Loading and Unloading Berths shall not be required for Business Uses which demonstrably do not receive or transmit good* or wares by truck delivery. 4. One-half of an Alley abutting the rear of a Lot may b* included in the Rear Yard, but *uch Alley space Mhw.ll not be Included for Loading and Unloading 5. Where twenty-five (25) r>er cent or more of the Ja>l« n a Block Frontage are occupied by Buildings, the setback of such Building* shall determine th* location of the Building IJne, except that this requirement shall not apply to business or light industrial uses in the B-8 District. 8. Parking Spaces and Accessory Uses ar* permitted in the required Front Yard in th* B-l, and B-8 D Ist rlc ts, on Lots where Business is located. 7 Dwellings which are located In Buildings used for Business Uses are Incidental to t,h« Business Uses ME4 TION 4. MHOPPING CENTER PLAN. H+.QIIHEM'I’.NTS AND PUOt EDI REM A Shopping Center Plan may lie permitted by the Board us a Special Exception, and subject to compliance with the following requirements and procedure In accordance with Section 7. A Th* Local Business Uses in Section 8, and also Bowling Alley or Roller Rink and Department Stores, are permitted on lite tract of land proposed for a Shopping Center, provided that the proposed plan Includes at least four (4) separate types of Business Use* ns ure specifically classified or Implied In the Local Business Use categories In Section 3. and provided further that not more than one of which shall be an automobile service, other than a public parking area, ns set forth in Section 3 It. The tract of land proposed for a Shopping (’enter Plan shall be of an area of not less than five (5) acres and the average length of the tract shall not be greater than two and one-half (2Mi) times the average width. C The Board may order a Permit Issued for a Shopping Center Plan In accordance with the procedure and provisions of this ordinance and upon hn -affirmative finding liy the Board that the following requirements have been ntet by the owner or owners, or developers of the tract of land proposed for a Shopping (’enter Plan. I. Truffle study a To include a eompiirattv* analysis of present capacity of , street (s) adjacent to the proposed center with potenttal capacity volumes, taking Into consideration the effect the proposed center will have taking Into consideration the effect the proposed center will tiave —upon engendering additional traffic. l> To Include a circulation plan for all streets (existing and proposed) which show recommendation* for controlling. signaling, channelising, storing and warning traffic. 2. Development Plan To Include the following additional t rquli einents: a A Plan of lundseap*' development which shall Include, among other consideration*, an area of at least ten <IID feet in width alo«g all streets, witli the exception of approved entrames. Which border the proposed center, to be planted and maintained with trees and shrubbery to serve as a screen for the jnitlklng area(s). b. A planting screen, consisting of suitable shrubbery, maintained nt n "lx (6) foot height by six (8) foot width, to l>o planted wherecvet tlie proposed center Would abut residential use c Provision for one offstreet parking space (at least 270 square feet In area) per sixty (80) square feet of sale" area In the center. d No buildings or paved areas (other than access drives) may be located closer Gian fifty (50) feet to any area used or xoned tor resldentla.l purposes; In order to crest n greenbelt, and such greenbelt shall be maintained ns lawn together with appropriate landscape development and screen planting herein before specified <• An adequate number and proper arrangement of loading and unloading berth* shall he shown In the development plan and provided by th* developer it. Other Authority Approval a Any other authority approval required when applicable. such a* Indiana State Highway Department, etc., shall accompany the application 4. Outdoor SigM aad Idghtln« n Tlie location, effect and arrangement of ail outdoor advertising signs proposed to l>c erected shall be subject to • the approval of the Board. ft. trvhltecturnl Control u Architectural plans of the building and structures proposed to be constructed shall be subject to the approval of the Board Tlie Board's approval shall l>e based on the architectural plans creating a unified design which will be in character and proper relationship to the surrounding area*. MEU'NON S. INDI BTRIAI. VSE* AND REQI IREMENTS The Industrial Uses defined below. including Accessory Building" and Use*, are permitted In the Districts indicated in Flgube 5, In accordance with the requirements of this Section No activity involving the storage. utilisation or manufacture of materials or products which decompose by detonation shall be permitted unless specifically approved by the Council of the City, and then only hi the 1-1 or 1-2 Districts Such activity shall be conducted In accordance w.'lth Che rules promulgated by the "State Fire Marshal. Such materials shall Include, but arc not limited . to. all primary explosives such as lead aside, lead styphnate. fulminates and tetracene: all high explosives such as TNT. Ri)N. HMX. DETN and picric acid, propellants and ( omponents thereof, sin h. us nitrocellulose, black powder, boron hydrides, hydraxine and its

TUB DBCATUB DAILY DEMOCRAT. DBCATUH. DtDIAIIA

derivative*; pyrothedHtiee and firework* such a* magne*l,un> power, popta**iiiau chlorate, and eotasstum nitraX*, blasting eggfoslv** ■uch as dyaamit* and nitroglycerin*; unstable organic compounds euch as acetyHdes, tatraaole*. and oaonlden; strong oxJdXalng agents nnch a* liquid oxygen, perchloric acid, perchlorates, chlorates, and hydrogen peroxide in concentrations greater than thlrty-flv* per cent <85%); and nuclear fuels, fl«slonabl* material and goMucta; and reactor element* such as Uranium 285 and Plutonium 239. Th* rest riotion of thia See ion shall not a»ply to (1) the acUvltlM ot sit* preparation or construction, maintenance, repair, alteration, modification or Improvement of building*, equipment or other Improvements on or within the Lot Line; (2) the operation of motor vehicle*, or other facilities for the transporatlon ot personnel, materials or products; (I) conditions beyond the control of the user such as fire, explosion, accidents, failure or breakdown of equipment or facilities or emergeucles; (4) safety or emergency warning signals or alarm* necessary for th* protection of Ilf*, limb or property. A An Enclosed Industrial Us* I* one which in eondae*ed eatirely within encioaod Buildings of any Mine provided they meet the yard requirement* and conform to the staadarda la Paragraph C.. below. a. An Opea Industrial Bae 1s one which require both buildings and open area for manufacturing, fabricating, proeeasing. extinction, heavy repairing, dismantling, ■terage or disposal of equipment, raw material*, manufactured products or western and land and/or buildings In Districts permitting sn Open laduatrinl I'set and shall be used so nix to comply to the stnadar4* In Paragraph <’.. below. , <’. standard for laduatrinl Osesi 1. Smoke — For Enclosed Industrial Use th* emission of more than seventy (70) smoke unit* per hour per stack and emmlsslons. in excess of Rlnglemann No. 2 are prohibited, except that for one (1) hour during any twenty-four <24) hour period this rate may be increastd to eighty (B<D smoke units per hour per stack up to and Including Rlnglemann No 3 for the purpose of process purging, soot blowing and fir* cleaning. For Open Industrial Use the emission of mor* than ninety (90) smoke units per hour per stack and emission In excess of Rlnglemann No. 3 are prohibited, except for a one (1) hour period during the twenty-four (24) this rule may be Increased to one hundred twenty (120) smoke units per hour per stack, still at Hlnglemann No. 3, for purposes of process purging, soot blowing, and fire cleaning. 2. Particulate Matter — Th* rate of emission of particulate matter from an individual process within the boundaries of any lot shall exceed a figure of 0.06 pounds per 1,000 pounds of effluent gas for Enclosed industrial Use, Nor 0 2 pounds per 1,000 pounds of effluent gas flor Open Industrial Use. Fore Enclosed Industrial Use and Open Industrial Use not more than fifty percent" (50%) by weight of particles larger than 44 micron (325 mesh) shall be allowed 3 Odor — Any Enclosed or Open Industrial Activity or operation which releases odors to the nttmosphere shall lie so controlled as to Insure that it will product* no public tiulsence or ‘ haxard at -or beyond th* nearest Residence or Business District boundary line. 4. Poisonous and injurious FUme* and Gases — The emission of toxic or injurious fumes land gases shall be controlled so a* to comply with th* following: ( The emission from any source shall not cause at or beyond any lot line, concentrations of toxic and/or Injurious fumes and gases in excess of ten per cent (10%) for an Enclosed Industrial Use, and twenty-five percent (25%) for an Open Industrial U*e, dt the threshold limit as set (or the fume or gas in question tn the •■Threshold Limit Value* for Toxic Materials In Industry" issued’ by the Indiana Stat* Department of Health, from the American Conference of Governmental Hygienists. latest issue. The emmlsslon of any gas or fumes across lot lines In such concentrations as to be detrimental to er endanger public health, safety, comfort and welfare or shall cause Injury or damage to property or business is prohibited. 5. Glare and Heat — No Enclosed or Open Industrial operation, activity or structure shall cause heat or glare in such a manner as to be a public nulsence at or beyond any Residence or "UuKlTies" District boundary. 8. Vibration — Any Enclosed or Open Industrial Use creating Intense earth-shaking virattons such as are created by a heavy drop forge shall be set back from a Residence District boundary at leaMt two hundred and fifty (280) feet, or at least one hundred and fifty ((50) feet, from a ■ Business District boundary. Earth shaking vibrations at the Industrial property line shall not be In violation of this ordinance as long as the vibration is not perceptible without the aid of Inst rument*. 7. Noise At no point 125 feet from tlie boundary of a 1-1 or 1-2 District or any District which permits Enclosed Industrial Use, shall the sound pressure level of ajty operation or plan (other than background noises produced by sources not under the control of this ordinance) exceed the decibel limits in the octave bands designated below. ENt'LOMED INDI STRIAI. i HE Maximum Maximum Permitted Permitted Sound Sound Level la>vel (In (In Decibels) Declliel*) 135 Feet 1’25 Feet From From Octave District District Band Adjonlng Ad.kdnltlg Frequency Residence Residence (Cycles Per District District Second) Boundaries Boundaries 0 to 75 75 80 75 to 150 70 75 150 to B(H> 85 70 -800 to 800 59 64 •00 to 1200 53 58 12(H) to 2400 48 53 2400 to 48(H) 48 49 Above 4800 41 46 OPEN INDIMTRIAL <•» Maximum Maximum Permitted Permitted " Sound Sound Level Level (In (tn Decibels) De, ibels) 125 Feet 135 Feet From From Octave District District Rand Adjoining Adjoining Frequency Residence Residence (Cycles Per District District Second) Boundaries Boundaries 0 to 75 7,5 81 75 to 150 <0 76 150 Jo 3(H) 66 72 300 to 600 f 62 68 6<>4» : t\>’ 1200 57 63 1200 to 2400 53 59 2400 to 4SOO 49 55 Above 48(H) 45 51 Sound levels shall be measured with a sound-level meter and »»-. sociated octave’ band analyser or filter, manufactured in compliance with standards prescribed by tlie American Standards , Association. ■

’ I. Fir* Hazards — Th* storage Utilisation or manufacture of solid materials or products ranging from Incombustible to moderate burn Ina la permitted The Horace, utilisation or manufacture of solid materials or products ranging from free or active burning to Intense burning 4a permitted provided th* following conditions ar* met: a. For Endeeed Indus trial Use and Open Industrial Use said materials shall be stored, utilised or manufactured in. such a manner and protected by such means aa approved by the Indiana State Fire Marshall b. For Enclosed Industrial Use and Open Industrial Use the storage, utilisation or maauLactux of flammable liquids or gases* which produce flammable or explosive vapors shall be permitted la accordance with the following Table (exclualv* of storage of finished products In original sealed containers). Distances shown are to nearest adjoining property lines which may be built upon. •When Flammable gases are stored, utilised or manufactured and measured in cubic feet, the quantity In cubic feet (at 8. permitted shall not exceed 300 times the quantities listed above. FbAMMIBUC LIQUID STORAGE Capacity Class* of of Tank Flammable Distance (Gallons) Liquid (Feet) 0 t0~275 111 0 278 to 750 111 5 0 to 7M> I&II 10 751 to 12,000 111 10 751 to 12,000 14 11, 18 12,001 to 24,000 I, 11, 111 15 24,001 to 20,000 I. 11, 111 20 30,001 to 50,000 I, 11, 111 25 Tanks In excess of 50,000 gallons. and those for storage of Crude Petroleum shall be at a distance of 3 times the greatest dimension of the diameter or height of tank, except that distance shall not be less than 20 feet and need not exceed 350 feet. •N.F.P.A. Classes of Flamable Liquids t , Class I Flash Point below 20 degrees F _ . , Class II Flash Point below 70 degrees F Class 111 Flash Point above 70 degrees F 9. Water and Stream Pollution — The disposal of wastes discharged dnto public streams and sewage systems shall meet the requirements of the Stream and Pollution Control Law of the State of Indiana (Chapter 214, Acts of 1943, as amended). D. Other Provisions and Hequlremens for Enclosed Industrial nnd Open Industrial Uses nre ns follows i 1. Each Use shall provide one Parking Space for each 2 employees, on combined employment of the two largest succealve shifts, located on the same Lot as the Use, or as a Special Exception within three hundred (300) feet thereof. _ , , 2 Groups of Uses requiring Parking Space may join in establishing a Private Parking Area with capacity aggregating that required for each participating i se. 3 Each Use shall provide Loading and Unloading Berth, located on the same Lot as the Use, as specified in Figure 5. 4. One-half of an Alley abutting the rear of a Lot may be Included in the Rear Yard, but such alley space shall not be Included for Loading and Unloading Berths. " , 5. JThe maximum height requirements, as specified in Figure 5, may be increased In tne portion of the Building above the specified maximum height requirement Is set back from the Front Lot Line, one (1) foot for each two (2) feet of additional height; - «. In all District permitting Enclosed Industrial Use or Open Industrial Use, It Is permissible to erect more than Building devoted tq Efblosed Industrial Use, or Open Industrial lise, on a Lot. SECTION « CONTINGENT USES AND REQUIREMENTS Contingent Uses defined herein, including Accessory Buildings and Uses, are permitted in the Districts Indicated in Figure .7, subject to the provisions herein. A. A Contingent Use Is one which Is likely or liable, hat not certain, to occur and which Is not Inappropriate to the principal Uses of the District in which It may be located. W’hen so located It shall conform to the requirements of the District In which the Contingent Ise Is permitted, except that the number of Parking Spaces to be provided shall conform to the requirements of Figure 7. The required number of Parking Spaces shall be provided on the same* Lot with the Use, or as a Special Exception within three hundred feet thereof. ” H. Other Provisions nnd Requirements for Contingent Uses are ns follows! I. Home Occupation — Basic Requirements: a. The home occupation shall be carried on entirely In the dwelling or within an accessory building on the lot. b. Not more than one person, other than occupants of the dwelling shall be employed in the home occupation use. c. Not more than 500 square feet of total floor area shall be devoted to home occupation In any dwelling or building accessory thereto. d. Articles sold or offered for sale sljall be limited to those produced in the dwelling or within the accessory building. e. There shall be no exterior display, no exterior sign (except as permitted by the applicable district regulations), no exterior storage of materials, and no other exterior indication of the home occupation, or variation of the residential character of the principal building f. No offensive noise, vibration, smoke or other particulate matter, odorous matter, heat, iMimidity, glare, or other objectionably Streets shall be produced. g. A home occupation Includes, but is not limited to, tile following: (1) Artist's studio (2> Dressmaking (3) Professional office of a medical or osteopathic physician, dentist, podiatrist, chiropodist, lawyer, engineer, architect. Or Accountant. «■ (4) Teaching, with musical instruction limited to a single pupil at a time. (5) Barberlng or Hairdressing C. Aa Exisflag Use which Is InHaded herein as a Contingent Use. aad which In located In n District la which each Contingent -Use In permitted, la a conforming Un*. Any expaanlaa of nach Contlageat Use involving the enlargement of the Bnlldlagn. Structure* ■nd laad area devoted to nnch Use ahall he subject to the requirements of this Section. SECTION T SPECIAL EXCEPTIONS, REQUIREMENTS AND PROCEDI RE A. Special Exceptions are uses pabtlely operated and those uses traditionally affected with a public Interest nnd those uses entirely private in character hut of such an unusual nature that their opeeuMun may give use to unique problems with respect to their Impact upoa neighboring property and public facilities. 1. The Special Exceptions listed in Figure 9 and their . Accessory Buildings and Uses may be permitted by the Board in the Dis-

tricts indicated therein. In accordance wl£h the procedure net forth la thia Section and the requirements Hated lb Figure 2. R. Upon receipt of ng application for nn improvement Location Permit for a Special Exception by the Hnlldlng Inspector It shall be referred do tbe Board. A eopy of ■ack appMcation shall be referred concurrently to tbe Coaunlaaloa. <■. The Hoard eh*U then proceed with a hearing which shall be held within forty-five (45) days from the date of UUag of tbe appllcatioa for a Special Exception. The Board ahall eaaee netice of tbe hearing to be published la a aewspapee of general circulation la the City at least tea (Id) days prior io the date set for tbe Hearing, wttisg for the time and place as the heariag and giving dne notice to the Interested parties la accordance with the rales of the Hoard. > D. Upon such hearing. If the Board finds that: 1. The establishment, maintenance, or operation of the Special Exception will not be detrimental to or endanger the public health, safety, morale, or general welfare; 2. The Special Exception will not be Injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property value within the neighborhood; 3. The establishment of the Special Exception will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the District: 4. Adequate utilities, access roads, drainage and other necessary facilities have been dr are being provided; 5. Adequate measures have been or will be taken to provide Ingress and egress so desired as to minimize traffic congestion in the public streets; 6. The Special Exception will be located in a District where such use is permitted and that all other requirements set forth in Figure 8 applicable to such Sepcial Exception' will be mft; tbe Hoard sail direct the Buildlag Inspector to issue tbe Improvemeat Location Permit for such Special Exception, otherwise the Board shall direct the Building Inspector to reject the nppllcntion. The findings of the Board and its order to the Building Inspector nhnll be In writing. E. An existing Use which is Hated herein n« a Special Exception, aad which la located In a District in which such Special Exception may be permitted, is n Conforming Use. Any expansion of such Special Exception involving the enlargement of Buildings, Structure*, and Land area devoted to auch Use ahall be subject to the requirements and procedure described In this Section. F. Any Person, to whom 1s issued an Improvement Location Permit for a Special Exception which fails to commence construction within twelve- (12) months after auclr permit is Isuued or who falls to carry to completion tbe total Development Plan thereof wlthn three (8) years nfter such construction la begun, whichever la later, or who' falls to conform to the provision of the Development Plan and anpporting data finally approved by the Hoard and upon the basis of which such Improvement Location Permit was issued, may be required by the Board upon Its own motion, and ahall be required by the Hoard upon written petition of any Pernod deeming himself aggrieved, to show cause why snch approval should not be withdrawn and such Improvemeat Location Permit revoked. 9 G. The holder of an Improvement Location Permit for a Special Exception may apply to the Board at any time for aa alteration, change, amendment or extension of the application or Development Plan upon which npeh permit was baaed. 1. Upon receipt of-such application, the Board shall proceed as in the ease of original applications for an Improvement Location Permit for a Special Exception. 2. In the event the Board shall approve and order such application or Development Plan changed, altered, amended or extended, it shall so notify the Building Inspector who shall issue an amended Improvement Location Permit. H. A Residential Development Plan may be permitted by the Board as a Special Exception, and subject to compliance with the following requirements and procedure In accordance with this Section: I. That the buildings proposed shall be used primarily for singlefamily or two-family dwellings, apartments or group houses, and the usual accessory uses such as garages, storage space and community activities and that only a small commercial area, composed of service stores, may be included: 2. That the area of the tract, excluding street area, but including the area to be devoted to parks, parkways, and other open spaces, will provide the minimum lot area per family, counting all families to be house under the Residential Development Plan, which is required for the district in which such development is to be located. SECTION 8. NONCONFORMING ISE SPECIFICATIONS The lawful Use of a Building or premises, existing at the time of passage of this ordinance may be continued although such Use does not conform to all the provisions of this ordinance, subject to the following conditions: A. A Nonconforming Use may be extended throughout a Building provided the size of the Structure is hot increased. B. A Nonconforming Use may be changed to another Nonconforming Use of the same er greater restrictions, but not to a Use of lesser restrictions, except that the site of the structure shall not be increased. C. No Building shall be erected upon any premises devoted to a Nonconforming Use, except In conformance with the provisions of this ordinance. D. The Board may authorise, by written permit. In a District permitting Residential Use for a period of not more than one (1) year from the date of such permit, a temporary Building for Business or Industrial Use incidental to .the residential construction and development of said District. E. Nothing herein contained shall require any change in the plans, construction or designated Use of a Building for which an Improvement Location Permit has been heretofore issued, and the construction of which has been diligently ‘prosecuted within ninety (90) days of the date of such permit, and which entire Building shall he completed according to such plans filed within three (8) years froth the date of passage of this ordinance. F. in the event that a Nonconforming Use of any Building or premises is discontinued • for a< period of two (2) years, the use of the same shall thereafter conform to the Uses permitted in the District in whieh it is located. G. Any Nonconforming Open Use of land such as a junk yard or automobile wrecking or salvage yard shall be discontinued within five (5) years from the date of October 18, 1949, which was the

date of passage ot City of Decatur, Indiana, General Ordinanqg.. No. 1-1242. . . H. These provision* apply in tbe same manner to a Use which may become a non-conforming Use m a result ot n» amendment to this ordinance SECTION k. ADMINUTRATION The Building Inspector to hereby designate* and authorised to enforce this ordinance. A. Any Person, who shall make application for an Improvement Location Permit shall, at the time of making such application, furnish a site plan or Development Plan of the real estate upon which said application for an Improvement Location Permit to made at least • five (5) days prior to the issuance of said Improvement Location Permit, which five (5) days may be waived by the Building Inspector. Baid site plan shall be drawn to scale showing the following items, both existing and proposed: . . 1. Legal or sit* description of the real estate involved. 2. Location and else ot all Buildings and Structures. 8. Width and length of all entrances and exite to and from said real estate. 4. All adjacent and adjoining roads or highways. B. An application for an Improvement Location Permit for any Industrial Use subject to the provisions of Section 5, Figure 5 of this ordinance shall be accompanied by a “Certificate of Compliance” subscribed by a registered professional engineer or architect, certifying that the Use intended will satisfy the standards of the Enclosed Industrial Use or Open Industrial Use, as the case may be, and in the District in which it is to be located. The Building Inspector may take ten (10) days in which to study the application, daring which time he may consult with appropriate. techincal consultants. If, after the ten (10) day period, the Building Inspector has not required anyg additional information or stated any objections in writing, the. Building Inspector shall Issue theImprovement Location Permit. h C. Site Plans or Development •_ Plans so furnished shall be filed . and shall become a permanent public record. D. The Building Inspector shall issue an Improvement Location Permit for a Special Exception only following receipt of notice from the Board that the application therefor has been approved by the Board. , E. No land shall be occupied or used and no Building hereafter erected, reconstructed, or structurally altered shall be occupied or used, in whole or in part, for any purpose whatsoever, until a Certificate of Occupancy shall have been issued stating that the Building and Use comply with all the provisions of this ordinance applicable to the Building or premise* or the Use in the District in which it to to be located. When the improvement covered jjy the Improvement Location Permit has been completed In substantial conformity with the site plan or development plan submitted in the application pursuant to Paragraph A. of this Section, a Certificate of Occupancy shall then be Issued. F. No change shall be made in the Use of land, except as provided In this Ordinance, the use of any Building or part thereof, now or hereafter erected, reconstructed or structurally altered, without a Certificate of Occupancy having been issued by the Building Inspector and no ’ such certificate shall be .Issued to make such change unless ft to in conformity with the provisions Os ‘ this Ordinance. G. A certificate ot Occupancy shall be applied for coincidentally with the application for an Improvement Location Permit and shall be Issued within ten (10) days after the lawful erection, reconstruction or structural alteration of such building or other improvement of the land shall have been completed. H. A record of all Certificates of Occupancy shall be kept on file in the office of the Building Inspector and copies shall be furnished upon request to any Person having a proprietary Or tenacy interest in the Building or land affected. I. No Improvement Location Permit shall be issued tor excavation for or the erection, reconstruction or structural alteration of any Building, before application has been made for a Certificate of Occupancy. J. An application for an Improvement Location Permit for any use shall not be approved until it has been ascertained by the Building Inspector that the proposed use meets the minimum standards for a sewage disposal system as required by the City Health Officer. K. The work or use authorized by any Impressment Location Permit, Certificate of Occupancy or Permit for a Variance, Contingent Use, or other Permit, except a Special Exception, must be commenced within six (6) months of the date of Issuance of such certificate or permit, otherwise the same shall lapse and be and become null and void. All work so authorized shall be completed within twenty-four (24) months from the Issuance of the certificate or permit therefor, except for a Special Exception, and provided that for good cause shown the Building Inspector may extend the work completion time. SECTION 10. BOARD OF ZONING APPEALS The Board of Zoning Appeals is hereby established which shall consist of five (5) members, all of whom shall be residents of - the City, and none of whom shall hold other elective or appointive office in the City, or in Adams County, except that two (2) of the five (5) members shall be' appointed from the Commission’s citizen membership. Os the original five members,' two shall be appointed to serve for four (4) years; one _for three (3) years; one for two (2) years; and one for one (I) year. Terms of these members shall expire on the first day of January of the first, second, third and fourth year, respectively, following their appointment. Thereafter. as terms expire, each new appointment shall be for a term of four (4) years. All members of the Board shall be appointed by the Mayor of the City. A. At the first meeting of each year, the Board shall elect a Chairman and a vice-chairman from among ite members and ft may appoint and fix the compensation of a secretary and such employees as are necessary for the discharge of its duties all in conformity to and compliance wijh salaries and compensations therefore fixed by the Common Council of the City. B. The Board shall adopt its own rules of procedure not in conflict with this ordinance nor with the Indian statutes In such case made and provided. C. All meetings of the Board ehall be held at the call of th* chairman and at such times as such Board may determine. The chairman, or in hto absence the vice-chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceeding*, showing the vote of each member upon each question, or it absent or failing to

FRIDAY, OCTOBER 30, 1964 , L . j-j I, —m-rrnr"*~TrnrTTT*-

vote, indicating suck fact, and shall also keep records ot its exshall be included in the minutes of each case ot a requested variation, aad the reasons tor recommending Or denying such variation ahall be specified. Every rule or regulation, and every amendment or repeal thereof, every order, requirement, decision or determination of the Board shall be filed immediately in the offloe of the Board and ahall be a public rec°*D. An appeal May be taken to the Board by any Person, firm or corporation aggrieved, or by any officer, department, board or bureau of the city or county affected by any decision of the Building Inspector. Buch appeal shall be taken within a reasonable time as shall be prescribed by the Board by general rule, by filing with the Building Inspector and with the Board a notice of appeal, specifying the grounds thereof. The Building Inspector shall forthwith transmit to the Board all of the papers constituting the record upon which he action appealed from was taken. The Board shall select a reasonable time and place for the hearing of the appeal and give notice thereof in the manner provided by paragraph J. ot this Section. The hearing may be continued from time to time. Following the conclusion of the hearing a decision on the appeal shall be rendered within twenty (20) days. Any Person may appear and testify at any hearing either in person or by counsel. E. The Board shall have the following powers and it shall be its duty: 1. To hear and decide appeals where it to alleged there is error in any order, requirement, decision or determination made by the Building Inspector in the enforcement of this Ordinance. 2. To hear and decide by > granting or denying an excep- , tion to the provisions of this ordinance including but not limited to the following instances: i a. A request for the 'extension of a District where the boundary line of a District divides a Lot or tract held in single ownership at the time of passage es this ordinance. b. Interpret the provisions of this ordinance in such a way as to carry out the intent and purpose of the Zoning Plan, as shown on the Zone Map, where the Street layout actually existing on the ground varies from the Street layout as shown on the said map or maps. c. Permit the reconstruction pf a Non-conforming Building Which has been damaged by fire or other cAuses to the extent ot more than eighty percent (80%) of its actual value, where .the Board finds thAt the public interest will be best served by permitting a continuance of the nog-con-forming Usre. , d. Waive of reduce the parking and loading and unloading berth requirements in any of the Districts When • ever the. character or like of the Building is such ds to make unnecessary the full provision of parking or loadihg aad unloading berth facilities, or whether such regulation* would impose an unreasonable hardship upon the Use of the premises as distinguished from merely granting an advantage .or a convenlence. ' 8. To hear and. decide special ordinance upon which the exceptions to the' terips of this ordinance upon which the Board is required to pass under this ordinance. 4. The Board shall have authority to authorize upon appeal in specific cases variances from the terms of this ordinance when the following is made to appear by the property owners. a. Whenever a property • owner can show that a strict compliance with the terms of this ordinance relating to the Use, construction or alteration of Buildings or Structures or the Use of land will impose upon such owner unusual and practical difficulties or particular hardships. b. If the Variance granted is in harmony with the general purpose, intent and spirit of this ordinance. c. If the Board determines that the granting of the re quested Variance will hot serve merely as a convenience to the applicant, but will allieviate a demonstrable hardship as to warrant a Variance, and at the same time su 1 ’ rounding property will be rev sonably protected. d. That by granting the request for a Variance substantial justice will be done. In its consideration of a specific case the Board must determine that the granting of a Variance from the terms of this ordinance will not be contrary to the public interest, where owing to special conditions, fully demonstrated on the basis of the facts presented, a literal enforcement of the provisions of this ordinance will result In unnecessary hardship, and that the spirit of this ordln -hce shall be observed and substantial justice done. F. In considering all appeals and any proposed exception or Variance to this ordinance the Board, before making any exception or Variance in a specific case, shall first determine: 1. That the granting of exception will not permit any Use in any District which would be in conflict with the permitted Uses of such District under the terms of this ordinance. 2. That it will not impair an adequate supply of light and air to adjacent property. 3. That It will not unreasonably increase the congestion in public Streets. 4. That it will not increase the danger of fire or of the , public safety. 8- That it will not unreasonably diminish or impar established property values within the surrounding area. 8. That ft will not In any Other respect impair the public health, comfort, safety, morals or welfare of the inhabitants of the city. G. The concurring vote of three (8) members of the Board shall be necessary to reverse any order, requirement, decision or determlhatlon of the Building Inspector or to decide in favor of the applicant any matter upon which the Board is authorised to render a decision. _H. In exercising Its powers, the Board may, Tn conformity with the provisions of this ordinance, reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the Building Inspector th< l« taken. Nothing herein contained shall be construed to give or grant ® OBr< * power or authority to alter or change the Zoning Ordinance or the Zone Map, such power and authority being reserved to .the Common