Sheridan, Indiana
Hamilton County
January 2019 Revised
Wabash Scientific, Inc.
4742 Bluffwood North Drive Indianapolis, IN 46228 Voice (317) 299‐9529 Fax (317) 329‐9885
Email: [email protected]
COMBINED
ZONING,
SUBDIVISION
and
DEVELOPMENT
ORDINANCE
ORDINANCE NO.____
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TABLE OF CONTENTS
Section 1 Enactment, General and Enforcement Provisions ……………………………………….. 5 Section 2 Purpose and Coordination ……………………………………………………………………. 9
Purpose and Intent
Indes
Coordination
Section 3 Definitions ………………………………………………………………………………………………. 10 General Rules
Definitions
Section 4 Petitioner: Responsibilities and Relief ……………………………………………………… 35 Forms
Timing
Review
Petition Relief
Section 5 Zoning Districts Establishment and Development Standards ……………………… 37 General
Permitted Uses
Agricultural District (AG‐1)
Agricultural Business District (AG‐2)
Residential (R‐1)
Residential (R‐2)
Commercial Business (CB)
Restricted Commercial (C1)
General Commercial (C2)
Industrial District (I)
Historical Industrial District (I‐H)
Enclosed Industrial (EID) and Open Industrial (OID)
Section 6 Accessory Structures …………………………………………………………………………………. 67 Section 7 Garage or Yard Sales …………………………………………………………………………..….. 70 Section 8 Home Occupations …………………………………………………………………………..….. 71
General
Definition and Restrictions
Section 9 Child Care Homes ……………………………………………………………………………..……. 72 Section 10 Wireless Communication Facilities ……………………………………………………..……. 73
Purpose
Accessory Permitted Uses
Special Exception Uses
Standards
Application Requirements
Section 11 Sign Regulations ………………………………………………………………………………..…….. 80 Application
Placement Prohibitions
General Sign Regulations
Size Allocations of Permitted Signs
Height and Setback Requirements
Special Regulations in any District
Shopping Center or Office Park Signs
Section 12 Additional Parking and Loading Requirements ……….…………………..……………. 85 Off Street Parking Requirements
Location of Required Parking Spaces
Commercial, Industrial, Manufacturing, Institutional and Multiple
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Family Residential Parking Facilities
Additional Off Street Loading Requirements
Amount of Parking Spaced Required
Section 13 Outdoor Storage ……………………………………………………………………….…………… 94 Section 14 Vision Clearance at Intersections …………………………………………………….……….. 95 Section 15 Additional Landscaping, Buffering, Storage Requirements ……………….………. 96 Section 16 Miscellaneous ………………………………………………………………………….………..……. 101 Section 17 Wellhead Protection Area ………………………………………………………………………… 104 Section 18 Official Zoning Map ………………………………………………………………………………. 106
Amendments
Official Zoning Map Replacement
Annexed or Vacated Areas
Interpretation of the Zoning Map
Section 19 Board of Zoning Appeals ………………………………………………………………………….. 108 Establishment
Membership, Removal, Vacancy, and Alternate Members
Terms of Office
Jurisdiction
Powers
Organization and Rules
Appeal Procedure
Conflict of Interest
Review by Certiorari
Section 20 Variance ………………………………………………………………………………………………….. 112 Variance of Use
Variance Procedure
Section 21 Like‐Use Determination …………………………………………………………………………….. 115 Section 22 Nonconforming Uses, Structures, Lots and Exemptions …………………………….. 116
Legal Nonconforming Use Specification
Illegal Nonconforming Use
Intermittent Use
Existence of Nonconforming Use
Exemptions for Nonconforming Use
Nonconforming Uses of Land
Discontinuance of a Nonconforming Use or Structure
Avoidance of Undue Hardship
Section 23 Special Exception Uses ………………………………………………………………………………. 119 Procedure
Section 24 Plan Commission ……………………………………………………………………………………….. 123 Establishment
Jurisdiction
Decisional Authority
Membership
Section 25 Development and Amendments to the Comprehensive Plan ……………………… 127 Section 26 Amendment of the Text of the Combined Development Ordinance And the Amendment of the Zone Map ………………………………………………………. 128
General
Amendment of the Text
Changes to the Zone Maps
Section 27 Vacation of Public Ways …………………………………………………………………………….. 131 Section 28 Subdivision Control Regulations ……………………………………………………………….. 132
Application
Multiple Subdividing
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Exceptions
Variance
Procedure For Subdivision Generally
Primary Plat
Requirements of Secondary Plat
Provisions for Financial Performance
Release of Performance
Maintenance Guarantee
Standards of Design and Improvements
Plat Certificates, Deed of Dedication
Registered Land Surveyor’s Certificate
Board of County Commissioners Certificate
Deed of Dedication Forms
Subdivider Agreement Forms
Section 29 Development Plan Requirements ………………………………………………………………. 163 Procedure for Submission of a Development Plan
Plat and Documentation Requirements for a Development Plan
Supporting Data and Information
Requirements for Construction Plan
Section 30 Planned Development Control Regulations ……………………………………………….. 170 Preliminary Development Plan
Final Development Plan
Ownership Control
Section 31 Open Space Requirements and Guidelines for Development ……………………… 186 Types of Open Space
Planning and Design Standards
Standards for Site Preparation and Cleanup
Landscaping Installation and Maintenance
Uses Permitted on Project Open Space
Section 32 Building Codes …………………………………………………………………………………………. 198 Content
Conformance
Establishment of Department of Planning and Development
Director Responsible for Enforcement
Building Permit Requirements
Application for Permit
Appeal
Penalties
APPENDIX …………………………………………………………………………………………………………………… 204 Fee Schedule
Permit Applications
Filing Applications
RELATED ORDINANCES – TOWN OF SHERIDAN / CODE OF ORDINANCES ………………………….. 214
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SECTION 1 ENACTMENT, GENERAL, AND ENFORCEMENT PROVISIONS 1.1 Title
This ordinance shall be referred to, and cited as, the Combined Zoning, Subdivision and Development Ordinance, Ordinance No._______, as amended, of Sheridan, Indiana. This ordinance shall also be referred to as the Sheridan Combined Development Ordinance and includes the Zoning Ordinance, Subdivision Control Ordinance, Planned Unit Development Ordinance, and Building Codes.
1.2 Authority
Sheridan, Indiana holds the power to zone and regulate the use and subdivision of land in order to promote orderly development and to improve the health, safety, convenience, and welfare of its citizens through I.C. 36‐7‐4 as amended as it pertains to Advisory Planning Law.
1.3 Interpretation, Conflict, Saving, and Severability
Interpretation
A. The regulations and controls listed in this ordinance are the minimum requirements for the promotion of the public health, safety, and general welfare.
B. All references to the Indiana Code refer to the Indiana Code as amended through the legislative acts of 1998 unless otherwise indicated.
C. Terms in this ordinance are defined according to the definitions in the
Definitions Section first and as a secondary authority the common language or dictionary definitions.
D. All improvements and installations required by this ordinance shall be in
accordance with current applicable standards as found in other ordinances of Sheridan, Indiana or in applicable State or National standards.
Conflict These regulations are not intended to interfere with, abrogate, or annul any other public ordinance, rule, regulation, or other provision of law. Where any of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other ordinance, rule or regulation, or other provision of law, those provisions which are the more restrictive or impose higher standards shall control. 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
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easement, covenant, or private agreement or restriction impose duties and obligations more restrictive, or define higher standards than these regulations or the determination of the Commission or Board in enforcing these regulations, and such private provisions are not inconsistent with these regulations or the determinations made under these regulations, then the private provision shall be operative and supplemental to these regulations and determinations. The enforcement of private provisions is by the private parties unless Sheridan, Indiana in an official capacity has been made a party to the private agreement. The requirement of the submission of covenants for subdivision approval is not sufficient to engage the Town as a party to the covenants.
Saving Provision This ordinance shall not be construed as abating, discontinuing, modifying, or altering any action now pending under, accruing or about to accrue by virtue of prior ordinances, or as affecting the liability of any person, or public or private entity, or as waiving any right of Sheridan, Indiana or the rights of other parties by lawful action of Sheridan, Indiana under any section or provision existing at the time of the effective date of this ordinance except as shall be expressly provided for in this ordinance or in its enactment or modification.
Severability If part of this Ordinance is invalid, all parts that are severable from the invalid part remain in effect. If part of this Ordinance is invalid as applied to one or several specific applications, that part remains in effect for all valid applications that are severable from the invalid application. In the event of invalidity, any prior ordinance or part of a prior ordinance that addresses the subject matter of the invalid part shall to that extent be no longer repealed by this Ordinance and shall be effective accordingly.
1.4 Exclusion
This ordinance and any rules, regulations, or orders issued under this ordinance shall be construed in accordance with the law of the State of Indiana.
1.5 Forms of Ownership
Cooperatives, condominiums and all other forms of property ownership do not affect the provisions of these regulations and all requirements shall be observed as though the property was under single ownership, except that where the Horizontal Property Law of the State of Indiana affects the regulation of condominiums, state law shall apply.
1.6 Effective Date
This ordinance takes effect __________________________________
1.7 Repealer
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Upon adoption of this ordinance according to law, the Sheridan, Indiana Zoning Ordinance No. ____ as amended and the Sheridan, Indiana Subdivision Regulations No. _____ as amended and all prior land use designation maps are hereby repealed.
1.8 Amendments For the purpose of providing for the public health, safety, and general welfare and to further the goals of the Comprehensive Plan as amended, Sheridan, Indiana may from time to time and in accordance with law amend the test of this ordinance and/or the zoning maps incorporated by reference in this ordinance.
1.9 Designation and Authority of the Administrator
Sheridan, Indiana designates its Building Commissioner as the Administrator for the purposes of implementing this ordinance. The Administrator is granted the authority to vary the application requirements and documentation submittal time frames concerning petitions to be brought before the Board and the Commission which in his opinion are unnecessary, not applicable to the proposed project or issue, or would cause undue hardship on the petitioner. Undue hardship does not include economic hardship. However, upon the request of any member of the Board or Commission any of the waived or excused provisions may be reinstated. If reinstated, any submission deadlines should be adjusted if necessary to give the petitioner adequate time to comply.
1.10 Technical Review Committee
Purpose Under the direction of the Administrator, the Technical Review Committee shall provide professional and technical advice to the Commission and/or Board on the Technical aspects of petitioner’s requests. The Committee shall meet at the request of the Administrator and shall prepare written findings on the adequacy and/or potential impact of a petition in regard to infrastructure capacity and compliance with the ordinances.
Membership The Technical Review committee shall consist of a member of the Plan Commission and a Member of the Board of zoning Appeals designated annually by their respective memberships and by the supervisors of Town Departments potentially impacted by the petition in question. The Administrator is responsible for ensuring that relevant technical advice is present on the Committee.
Subject Matter Jurisdiction The Technical Review Committee has advisory authority only.
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1.11 Enforcement, Violations, and Penalties
Enforcement A. The Administrator has the primary responsibility for enforcing these
ordinances, and shall bring any violation or lack of compliance to the attention of the attorney assisting the Commission or Board.
B. The attorney may file a complaint against the person and prosecute the alleged violation.
C. The Commission, the Board, the Administrator, and any designated
enforcement official may institute a suit for injunction in any court of competent jurisdiction to restrain an individual or a governmental unit from violating the provisions of this Ordinance.
D. The Commission, the Board or the Administrator may also institute a suit for
mandatory injunction directing any individual, firm, corporation or governmental unit to remove a structure erected in violation of the provision of this Ordinance.
Violations A. Any building erected, raised or converted, or land or premises used in
violation of any provisions of this Ordinance or of the requirements thereof, is hereby declared to be a common nuisance and as such may be abat3ed in such manner as nuisances are now or may hereafter be abated under existing law. A use that violates this Ordinance without a current and valid variance granted under this Ordinance shall be treated as if it were a common nuisance, and the owner or possessor of the structure, land, or premises upon which it is maintained shall be liable for such nuisance.
B. Failure to comply with any of the requirements of this ordinance, including
violations of conditions and safeguards established in connection with the granting of variances, special uses, re‐zonings and development plan approvals constitutes a violation of this Ordinance.
Penalties A. Any person, persons or corporations, whether as principal, agent, employee
or otherwise, who violates any part of this Ordinance shall be guilty of a misdemeanor upon conviction, shall be fined not less than twenty‐five dollars ($25.00) and not more than five hundred dollars ($500.00) for each offense. For purposes of this Ordinance, each day of violation of the terms of this Ordinance shall constitute a separate offense.
B. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, realtor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
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SECTION 2 PURPOSE AND COORDINATION 2.1 Purpose and Intent
The Sheridan Combined Development Ordinance is an ordinance for the development, through zoning and subdivision controls and other permitted by law land use controls, of the territory within the jurisdiction of the Sheridan Plan Commission. The Comprehensive Plan for Sheridan, Indiana served as a guide in preparing this ordinance and guides the interpretation of these ordinances and consideration of amendments. This ordinance has been established for the purpose of guiding and accomplishing the coordinated development of the jurisdiction of Sheridan, Indiana, in order to promote, in accordance with present and future needs, the health, safety, order, convenience, prosperity, and general welfare of the citizenry. In the accomplishment of this purpose, these regulations provide for, among other things, efficiency and economy in the process of development, the proper arrangement of streets, adequate open spaces for recreation, adequate provision for public utilities and other public facilities, and other requirements for land subdivision which will tend to create conditions favorable to the health, convenience, and prosperity of the citizens of the jurisdiction of Town of Sheridan, Indiana.
2.2 Jurisdiction
The Sheridan, Indiana Plan Commission has jurisdiction over all incorporated land within the Town of Sheridan and all lands designated within its fringe jurisdictional area as identified on the current as amended official Zoning Map.
2.3 Coordination
The Sheridan, Indiana Plan Commission shall work cooperatively with all other planning and zoning bodies in evaluating projects, which cross planning jurisdiction boundaries.
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SECTION 3 DEFINITIONS 3.1 General Rules
The following general rules of construction and definitions shall apply to all parts of this ordinance. In the event that a term is defined within the section of this ordinance in which it appears and that definition conflicts with the definitions listed in this Section of this ordinance, the definition within the section of the ordinance in which it appears shall control the meaning of that term for that section.
The masculine pronoun shall include the feminine pronoun.
The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary.
Words used in the present tense include the past and future tenses, and the future the present.
The word “shall” is a mandatory requirement. The word “may” is a permissive requirement. The word “should” is a preferred requirement.
The word “building” or “structure” includes any part thereof, and the word “building” includes the word “structure”.
The word “lot” includes the words “parcel” or “plat”.
Words not defined herein shall carry their common meaning in accord with a dictionary or customary usage unless otherwise interpreted by the context in which they are found.
3.2 Definitions
ABANDONED VEHICLE. Any vehicle defined by IC 9‐13‐2‐1 as being abandoned, except those exempted under IC 9‐22‐1‐1. ACCESSORY BUILDING. A building subordinate to another structure or use located on the same lot which is not used for permanent human occupancy. An accessory building may also include public utility; communication, electric distribution and secondary power lines; gas, water and sewer lines; their supports and poles, guy wires, small transformers, wire or cable and other incidental equipment and public telephone booths. ACCESSORY USE. A use subordinate to the main use, located on the same lot or in the same building as the main use, and incidental to the main use. AIRPORT. A facility with surfaced runways and navigation devices for the takeoff and landing of aircraft and with or without services available for aircraft. AIRSTRIP. A grassed area runway without navigation devices for the takeoff and landing of aircraft and without services available for aircraft. ALLEY. A permanent public service way providing a secondary means of access to abutting lands, and not intended for general traffic circulation. ANIMALS, LARGE. Large animals are breeds of livestock normally larger than medium animals, including horses, cattle, buffaloes, camels and donkeys.
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ANIMALS, MEDIUM. Medium animals are breeds of livestock normally smaller than large animals, including sheep, llamas, emus and ostrich. ANIMALS, SMALLL. Small animals are breeds of livestock normally smaller than medium animals including pigs, hogs, turkeys and geese. ANIMALS, VERY SMALL. Very small animals are breeds of livestock normally smaller than small animals, including chickens. ANTENNA. A structure or device that is used for the purpose of collecting or transmitting signals, images, sounds, or information of any nature by wire, radio, visual, or electromagnetic waves, including but not limited to directional or omni‐directional antennas, panels, and microwave or satellite dishes. The term does not include an amateur radio station antenna. APARTMENT. A dwelling unit, primarily of a rental nature. AS‐BUILT DRAWING. A drawing stamped by a Professional Engineer or Registered Land Surveyor, as appropriate, who is licensed to do business in the State of Indiana in accordance with State Statutes, that accurately depicts an improvement or installation as it was actually constructed. ARCHITECTURAL PLAN. A plan for the construction of any structure designed by a qualified registered architect. ARTIFICIAL LAKE. A man‐made body of water fed by a watercourse. ASSESSED VALUATION. The monetary value placed on a property and/or building as established by the assessor with authority over the jurisdiction of this ordinance. ATTACHED COMMUNICATIONS FACILITY. A communications facility that is affixed to an existing structure such as an existing building, tower, water tank, utility pole, etc. AUTOMOBILE FILLING STATION. Any place of business with pumps and underground storage tanks, having as its purpose the selling of motor vehicle fuels and lubricants at retail. AUTOMOBILE SERVICE STATION. Any place of business with pumps and underground storage tanks having as its purpose the retail servicing of motor vehicles with fuels and lubricants, including minor repairs and inspections incidental thereto but not including a general repair shop, paint or body shop, machine shop, vulcanizing shop or any operation requiring the removal or installation of a radiator, engine, cylinder head, crankcase, transmission, differential, fender, door, bumper, grill, glass or other body part, or any body repairing or painting. BASEMENT. A story having part, but not less than one‐half, of its height below grade. A basement is counted as a story for the purposes of height regulation if
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subdivided, used for dwelling purposes other than by a janitor employed on the premises and/or as walk‐out access. BLOCK. A unit or property bounded by one or more streets and by streets and/or railroad rights‐of‐way, waterways or other barriers. BLOCK FRONTAGE. Property having frontage on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right‐of‐way, waterway or other barrier. BOARD. In this Ordinance, the Sheridan Board of Zoning Appeals. BOARDING HOUSE. A building not open to transient, where lodging and/or meals are provided for three (3) or more, but not over thirty (30), persons regularly, a lodging house. BORROW PIT. An area of land from which earth is removed for use on another site and a permanent or temporary irregular terrain is created. BUILDING. A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels, or property. When separated by party walls, each portion of such a building shall be considered a separate structure. BUILDING, DETACHED. A building having no structural connection with another building. BUILDING, FRONT LINE OF. The line of the face of the building nearest the front lot line, not counting patios, terraces, etc. 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. BUILDING AREA. The maximum horizontal projected area of the principal and accessory building, excluding open steps or terraces, unenclosed porches not exceeding one story in height and architectural appurtenances projecting not more than the amounts specified herein. BUILDING SETBACK LINE. (Sometimes called a Building Line.) The line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of a building or structure and the front lot line. CALIPER (Cal.). The diameter of a tree trunk measured at forty (40) inches from the ground. CAMP, PUBLIC. Any area or tract of land used or designed to accommodate two or more camping parties, including cabins, tents or other camping outfits.
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CEMETERY. Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery. CENTERLINE. A line lying midway between the side lines of a street or alley right‐of‐way and/or pavement. CERTIFICATE OF OCCUPANCY. A certificate signed by the Administrator stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of this ordnance. CHILD CARE HOME. From IC 12‐7‐2‐28.6 is a residential structure in which at least six (6) children (not including the children for whom the provider is a parent, stepparent, guardian, custodian or other relative) at any time receive child care from a provider (1) while unattended by a parent, legal guardian or custodian (2) for regular compensation (3) for more than four (4) hours but less than twenty four (24) in each of ten
(10) consecutive days per year excluding Saturday, Sunday and holidays. CLINIC OR MEDICAL‐HEALTH CENTER. An establishment where human patients are admitted for special study and treatment by two or more licensed physicians or dentists, and the professional associates. CLUSTER HOUSING. The grouping of single‐family dwelling units, either attached or detached, in such a manner as to enable the incorporation of green belts and other open spaces. CONFORMING USE. A use of a building, land or premises which does conform to all of the applicable provisions of this ordinance. CONVALESCENT FACILITY. A home for the aged or infirm in which three (3) or more persons not of the same immediate family are received, kept and/or provided with food, shelter and/or care for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. Included are limited care apartments and suites for the elderly. COOPERATIVE. A type of ownership characterized by collective ownership of an object by an organization whose members share in the profits or other benefits of said collective ownership. COUNCIL. The Town Council of the Town of Sheridan, Indiana. COUNTY. Hamilton County, Indiana CROSSWAY. A pedestrian mid‐block walk located in an easement within the street.
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CUL‐DE‐LOOP. A street that turns and reconnects with its main axis, with the center or island used for parking or open space purposes. CUL‐DE‐SAC. (Court o Dead End Street). A short street having one end open to a through street and being permanently terminated by a vehicle turn‐around. The length of a cul‐de‐sac is measured from the center of the turn‐around to the centerline of the first intersecting through street. CUT. An excavation. The difference between a point on the original ground and a designated point of lower elevation on the final grade. Also, the material removed in excavation. DAY (OR DAY CARE) NURSERY. An organized group program for the care of pre‐school children away from their own residence for any part of a twenty‐four (24) hour day, for compensation or otherwise except a school or other bona fide educational institutions. 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. DEDICATION. A gift, by the owner, of a right to use land for stated purposes. These property rights are transferred through a recorded written document. DEVELOPMENT. Existing facilities (structures), construction, reconstruction, or placement of a building or any addition to a building; installing utilities, erectio of walls and fences, construction of roads, or similar projects, construction of flood control structures such as levees, dikes, dams, channel improvements, etc; mining, dredging, filling, grading, excavation, or drilling operations; construction and/or reconstruction of bridges or culverts; storage of materials; any other activity that might change the direction, height, or velocity of flood or surface waters. “Development” does not include activities such as the maintenance of existing buildings and facilities such as painting, re‐roofing, resurfacing roads, or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent buildings. DEVELOPMENT PLAN. A plan that is submitted for Plan Commission approval showing proposed facilities and structures. This plan review includes general landscaping, parking, drainage, erosion control, signage, lighting, screening and buildings information for a site. DISH. The part of the earth station shaped like a saucer or dish. DISH‐TYPE RECEIVING ANTENNA (EARTH STATION OR GROUND STATION). A signal receiving device, the purpose of which is to receive radio communications, television, data transmission or other signals from a satellite or satellites in earth orbit. Considered a structure, thus subject to all ordinances relating to structures. DISPOSAL FACILITY. A site or plant where solid waste is subject to treatment, storage, recovery, incineration, grinding, composting, collection or covering by earth.
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DISTRICT. The zoning districts established in this ordinance. DRAINAGE CONCENTRATION. The diversion of the natural flow of water, directed to a point or an area that creates a greater than natural flow at that point or area. DRIVEWAY. That space or area of a lot which is specifically designated and reserved for the movement of motor vehicles within the lot or from the lot to a public street. DUSTLESS HARD SURFACE. A surface adequately covered in accordance with the current standards of the Town of Sheridan and required to be maintained in good condition at all times. DWELLING. A building, or portion thereof, used primarily as a place of abode for one or more human beings, but not including hotels, motels, lodging or boarding houses or tourist homes. DWELLING, CLUSTER HOME. One or more single‐family dwelling structures with no or minimal front, side and rear yards and which may or may not have non‐living areas connected by common walls. The size, width and configuration of the lot for each single‐family dwelling structure is usually less than is conventionally required by zoning and as such these dwellings are regulated by Section 25 of the Combined Development Ordinance. DWELLING, MULTIPLE‐FAMILY. A residential building containing three (3) or more dwelling units and occupied by three (3) or more families. DWELLING, SINGLE‐FAMILY. A residential building containing one (1) dwelling unit and not occupied by more than one (1) family. DWELLING, TWO‐FAMILY. A residential building containing two (2) dwelling units and not occupied by more than two (2) families. DWELLING UNIT. One or more rooms in a residential building, or residential portion of a building, which are arranged, designed, used or intended for use as a complete, independent living facility for one (1) family and which includes permanent provision for living, sleeping, eating, cooking and sanitation. EASEMENT. A grant by the property owner of the use of a strip of land by the public, a corporation, or persons, for specified purposes. EROSION. The removal of surface materials by the action of natural elements. EXCAVATION. Any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom. FAMILY. One or more persons living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, nursing home, fraternity or sorority house.
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FARM. A tract of land comprising an area of at least five (5) acres which is devoted to agricultural operations, such as forestry; the growing of crops; pasturage; the production of livestock and poultry; the growing of trees, shrubs and plants; and other recognized agricultural pursuits and including accessory buildings essential to the operation of the farm. Accessory buildings may include barns; equipment and animal sheds; farm residences for the owner, operator or farm assistants; roadside sales structure for the sale of products of the farm, not including industrial or commercial operations or structures or feedlots. FAST FOOD RESTAURANTS. Any restaurant which provides drive through food service. Also any restaurant which does not provide interior table services and seating, especially franchise food establishments. FBFM. Flood Boundary and Floodway Map. FEEDLOT. Any area, enclosed or unenclosed, used for the concentrated feeding of livestock, other than grazing. FEMA. Federal Emergency Management Agency. FENCE. A freestanding device made of metal, masonry, composition or wood, or any combination thereof, resting on or partially buried in the ground, rising above ground level and used for confinement, screening protection or partition purposes. FENCE, STOCKADE. A fence constructed of vertical woods strips, with no intervening spaces, providing a complete visual barrier. FHBM. Flood Hazard Boundary Map. FILL. Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include all conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade. FINANCIAL INSTITUTION. Any building wherein the primary occupation is concerned with such Federal or State‐regulated businesses as banking, savings and loans, loan companies and investment companies. FIRM. Flood Insurance Rate Map. FLASHPOINT. The lowest temperature at which a combustible liquid under prescribed conditions will give off a flammable vapor which will burn momentarily using the closed cup method. FLOOD (OR FLOOD WATER). The water of any river or stream which is above the banks and/or outside the channel and banks of such river or stream. Also, pertaining to Section 22.0 – Flood Districts, a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow,
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the unusual and rapid accumulation, or the runoff of surface waters from any source. FLOOD FRINGE. The portions of the flood hazard area lying outside the floodway. The flood fringe (FF) district contains the above area. FLOOD HAZARD AREAS. The flood plain areas that have not been adequately protected from flooding by means of dikes, levees, reservoirs and other works approved by the Indiana Natural Resources Commission. FLOODPLAIN. The area along a natural watercourse which is periodically overflowed by water therefrom. Also, pertaining to Section 22.0 – Flood Districts, the channel proper and the areas adjoining any wetland, lake or watercourse which have been and hereafter may be covered by the regulatory flood. The floodplain includes both the floodway and the floodway fringe districts. FLOOD PROTECTION GRADE (FPG). The elevation of the lowest point around the perimeter of a building, including the basement of a structure, at which floodwater may enter the interior of the building. Also, pertaining to Section 22.0 – Flood Districts, the elevation of the regulatory flood plus two (2) feet at any given location in the SFHA. FLOOD AREA, GROSS. The sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls. The term gross floor area shall include basement, elevator shafts and stairwells of each story, floor space used for mechanical equipment with structural headroom of six (6) feet six (6) inches or more, penthouses, attic space (whether or not a floor has actually been laid providing headroom of six (6) feet six (6) inches or more), interior balconies and mezzanines. FLOOR AREA, NET. The sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls and from the centerline of walls separating two (2) or more buildings. The term net floor area shall include outdoor display areas for the sale, rental and display of recreational vehicles, boats and boating equipment; trailers; horticultural items, farm or garden equipment and other similar products; but shall exclude areas designed for permanent uses such as toilets, utility closets, malls enclosed or not, truck tunnels, enclosed parking areas, meters, rooftop mechanical structures, mechanical and equipment rooms, public and fire corridors, stairwells, elevators, escalators, and areas under a sloping ceiling where they headroom is fifty percent (50%) of such area is less than six (6) feet six (6) inches. FLOOD PLAIN DISTRICT. All land lying within the floodplain of the 100‐year frequency flood of any water course and their tributary streams is within the floodplain and subject to these regulations, in addition to the regulations otherwise established by the Zoning Ordinance of the Town of Sheridan. The boundaries of the floodplain are hereby established as shown on the zoning district map. FLOODWAY. The area designated by the Indiana Natural Resources Commission as the commission floodway. The floodway (FW) district contains the above
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area. The channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream. FLOODWAY FRINGE. Those portions of the floodplain lying outside the floodway. FOOT‐CANDLE . A unit of illumination. It is equivalent to the illumination at all points which are one (1) foot distant from a uniform source of one (1) candlepower. FRANCHISE OR CABLE TELEVISION. Any television distribution system designed to serve any residents within the jurisdiction of this ordinance authorized by any local, state or federal agency. FREE BURNING. A rate of combustion described by a material which burns actively and easily supports combustion. FRONT YARD. The side(s) of a lot which is (are) adjacent to the street right‐of‐way. FRONTAGE PLACE. A permanent public or private way situated parallel to an arterial, a parkway or a collector in order to provide access to private lots and to eliminate through traffic. FRONTAGE ROAD. A public way running parallel to a limited access highway or a railroad right‐of‐way located at sufficient distance from the highway or railroad that appropriate use can be made of the land between the highway or railroad and such streets. GARAGE. An accessory building or portion of the principal residential building, commonly used for the shelter and storage of vehicles. 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. GENERAL OFFICE. A place of business used exclusively for office purposes from which no product or commodity is located or sold, including but not limited to sales offices, real estate offices, financial offices and professional offices. GREENBELT BUFFER. The area of a development which abuts the perimeter of the development and which is designed specifically to provide a buffer and visual screen to adjacent land. GREENHOUSE. A structure for the propagation of plant materials and for sale of same. GROSS AREA. Entire area of project or platted area.
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GROSS DENSITY. The number of dwelling units per acre for the total subdivision, including all land, roads, parking, services and nonresidential uses. GROUND FLOOR. The first level of a building that provides outside access by a door. GROUND FLOOR AREA. The square foot area of a building within its largest outside dimensions computed on a horizontal plane at the ground floor level, exclusive of open porches, breeze‐ways, terraces, garages, and exterior stairway. GUEST HOUSE. Living quarters within a detached accessory building located on the same premises with the main residence building for use by temporary guests of the occupants of the main residence building, such quarter shaving no kitchen facilities or separate utility meters and not rented or otherwise used as a separate dwelling. HABITATION/OCCUPANCY. The act, state or condition of being or becoming a tenant or of living in or taking up quarters or space in a structure or on a land area. HEIGHT, BUILDING. The vertical distance from the lot ground level to the highest point of the roof for a flat roof, to the deck line of a mansard roof and to the mean height between eaves and ridges for gable, hip and gambrel roofs. HELIPORT. A facility or land area with navigation devices for the takeoff and landing of helicopters with or without services available for aircraft. HOME OCCUPATION. A special exception use conducted in a residential dwelling and is clearly incidental and secondary to the use of the dwelling for dwelling purposes. HORIZONTAL VISIBILITY. A direct line of sight forty‐eight inches high across a plane parallel to the plane of the horizon. HOSPITAL. An establishment for humans providing physical or mental health services, in‐patient or overnight accommodations, and medical or surgical care of the sick or injured. Hospital includes sanitariums. HOTEL OR MOTEL. A building offering temporary housing to the public for compensation, which is available to transient guests and in which no individual cooking facilities are provided. HOUSE PAD ELEVATION. The lowest outside finished ground elevation necessary to meet the minimum drainage requirements for the ground floor of a structure. IMPROVED LOT. A lot fronting on an improved or partial street that is open for public use. IMPROVEMENT. Any change in use, any major exterior remodeling of a structure or grounds, any addition to a structure or parking area, or any interior
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remodeling of over thirty percent (30%) of the gross square footage of a structure. IMPROVEMENT LOCATION PERMIT. A permit signed by the Building Commissioner, stating that a proposed improvement complies with the provisions of this ordinance and such other ordinances as may be applicable. IMPROVEMENT, SUBSTANTIAL. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage” regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of state or local health, sanitary, or safety code requirements of any alternations of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure”. 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. INCOMBUSTIBLE. Any material which will not ignite at air temperature of 1500⁰ degrees. Any material which once ignited will not continue to burn without a continuous source of heat. INDUSTRIAL/MANUFACTURING USE, HEAVY. An industrial use which requires both building and open area for manufacturing, fabricating, processing, repairing, dismantling, storage or disposal of raw materials, manufactured products or wastes which is not injurious to health or safety of humans or animals, or injurious to vegetation and which is not noxious or offensive by reason of the emission of smoke, dust, gas, fumes, odors, or vibrations beyond the limits established herein. INDUSTRIAL/MANUFACTURING USE, LIGHT. An industrial use which creates a minimum amount of nuisance outside the plant, is conducted entirely within enclosed buildings, does not use the open area around such buildings for storage of raw materials or manufactured products or for any other industrial purpose other than transporting goods between buildings, provide for enclosed loading and unloading berths and which is not noxious or offensive by reason of the emission of smoke, dust, fumes, gas, odors, noises or vibrations beyond the limits established herein. INSTITUTION. A non‐profit organization established for public, charitable, educational or religious purposes such as church, college or university, hospital or school. INTENSE BURNING. A rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly.
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JUNK VEHICLE. Any vehicle, regardless of model or age, which is so mechanically or structurally deteriorated or has had necessary parts removed, so it is inoperable or may not be safely operated as a motor vehicle. JUNK YARD. Any place at which personal property is or may be salvaged for reuse, resale or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or sorted, including, but not limited to used or salvaged base metal or metals, their compounds or combinations; used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property, except animal matter; and used motor vehicles, machinery or equipment which is used, owned or possessed for the purpose of wrecking or salvaging parts therefrom. JURISDITION OF THE COMMISSION AND THE BOARD. The Town of Sheridan, Indiana and the contiguous unincorporated territory within its two‐mile fringe area in Adams Township, Hamilton County, Indiana. The jurisdiction of the Board id identical. KENNEL, COMMERCIAL. Any lot on which four (4) or more dogs, or small animals, at least four (4) months of age are kept. KENNEL, RESIDENTIAL. Any lot on which three (3) or less dogs, or small animals, at least four (4) months of age are kept. LOT, FRONTAGE. Development and having its principal frontage on a street. LOT, CORNER. A lot at the junction of, and having frontage on, two (2) or more intersecting streets. LOT, DEPTH OF. The mean horizontal distance between the front lot line and the rear lot line, measured in the general direction of the side lot lines. LOT, DOUBLE FRONTAGE. A lot fronting on two non‐intersecting streets. LOT, INTERIOR. A lot other than a corner lot or through lot. LOT, REVERSED INTERIOR. A lot, other than a corner lot, which has frontage on a street perpendicular to, or at an angle with, the frontage street of the adjacent lots. LOT, THROUGH. A lot having frontage on two (2) parallel or approximately parallel streets. LOT COVERAGE. The percentage of the lot area covered by the building area.
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LOT GROUND LEVEL. For buildings having walls adjoining one street only, the elevation of the sidewalk or the established grade of the street at the front lot line at the center of the wall adjoining the street; for buildings having walls adjoining more than one street, the average of the elevation of the sidewalk or the established grade at the center of the walls adjoining the streets, and, for buildings having no wall adjoining the street, the average level of the ground adjacent to the exterior walls of the building. Any wall approximately parallel to and not more than five (5) feet from a street is to be considered as adjoining the street. LOT LINE, FRONT. In the case of an interior lot, a line separating the lot from the right‐of‐way of the street and, in the case of a corner lot, a line separating the narrowest frontage of the lot from the street, except in cases where deed restrictions in effect specify another street right‐of‐way line as the front lot line. LOT LINE, REAR. A lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular‐shaped lot, a line ten (10) feet in length within the lot, parallel to and at the 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 OF RECORD. A lot which has been recorded prior to December 21, 1957. LOT WIDTH. The dimension of a lot, measured between side lot lines on the building line (or in the case of a curved building line, it is measured tangent to the arc). LOW NOISE AMPLIFIED (LNA). A signal amplifying device situated within the earth station; the purpose of which is to magnify the electronic signals received and transfer them through the coaxial cable to the receiver. LOWEST FLOOR. Means the lowest of the following:
the top of the basement floor;
the top of the garage floor, if the garage is the lowest level of the building;
the top of the first floor of buildings elevated on pilings or constructed on a crawl space with permanent openings on the top of the floor level of any enclosure below an elevated building where the walls of the enclosure provided any resistance to the flow of flood waters unless;
the walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, by providing a minimum of two (2) openings (in addition to doorways and windows) having a total area of one (1) square foot for every two (2) square feet of enclosed area subject to flooding. The bottom of all such openings shall be no higher than one (1) foot above grade;
such enclosed space shall be usable for the parking of vehicles and building access.
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MANUFACTURED HOME. IC 36‐7‐4‐1106 established a definition of a manufactured home to be a dwelling unit designed and built in a factory containing a seal certifying that the home was built in compliance with Federal Manufactured Housing Construction and Safety Standards Law (42 U.S.C. 5401 et seq.) and applies to such homes that were built after January 1, 1981. Manufactured homes which exceed 950 square feet may not be totally precluded by ordinance from being located in various areas zoned for housing. Also, a structure, transportable in one or more section, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle”. MANUFACTURED HOME PARK OR SUBDIVISION.
EXISTING. Manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before.
EXPANSION TO AN EXISTING. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
NEW. Manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after.
MARGINAL ACCESS HIGHWAY OR FRONTAGE ROAD. A minor street, generally parallel and adjacent to a limited access highway, providing access to land abutting upon said marginal access street. MAXIMUM LOT COVERAGE. The entire lot or parcel which can be developed (buildings, principal or accessory; storage areas; parking lots and other accessory uses). MINERAL EXTRACTION. Any process used in obtaining, from the earth, naturally occurring substances. MOBILE HOME. Any vehicle, including the equipment sold as a part of a vehicle, used as a conveyance upon streets by either self‐propelled or non self‐propelled means and which is designed, constructed, reconstructed or structurally altered in such a manner as will permit the occupancy thereof as a dwelling and which is both used and occupied as a dwelling but having no foundations other than wheels, jacks, skirting, or other temporary supports. MOBILE HOME PARK. An area of land upon which two (2) or more mobile homes are harbored for the purpose of being occupied either free of charge or for revenue purposes, including any building, structure, vehicle or enclosure used or intended for use as a part of the equipment of such mobile home park.
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MOBILE HOME STAND OR PAD. A stationary foundation designed for a mobile home providing support, water supply, waste disposal and electrical convenience. MODERATE BURNING. A rate of combustion described by a material which supports combustion and is consumed slowly as it burns. NET DENSITY. The number of dwelling units per acre in any segment of a subdivision. NONCONFORMING USE, ILLEGAL. A use of a building, land or premises existing at the time of the passage of this ordinance which does not conform to all of the applicable provisions of this ordinance nor those of any ordinance superseded by this ordinance. NONCONFORMING USE, LEGAL. A use of a building, land or premises existing at the time of the passage of this ordinance which does not conform to all the applicable provisions of this ordinance but did conform to applicable provisions of any ordinance superseded by this ordinance. OCCUPIED SPACE. The total area of earth horizontally covered by the structure, excluding accessory structures such as, but not limited to garages, patios and porches. OCTAVE BAND. A term denoting all of the frequencies from one given frequency to a second. In sound octave bands, the second frequency is usually twice the first one. OCTAVE BAND FILTER. An electrical device which separates the sounds in each octave band and presents them to the sound level meter. OFFICE BUILDING. A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations not involving any equipment other than furniture and document processing and storage facilities. OFF‐SITE PARKING. Parking spaces which are located within the platted area and within reasonable proximity to dwelling units and supportive uses (club house, tennis courts, etc.) which they serve. ON‐SITE PARKING. Parking spaces which are located outside the garage or carport area and are located on the individual driveway. OPEN SPACE. Land surface, not used for buildings, structures, lots, or streets, which is available for active or passive recreational use. OVERLAY ZONE. An additional, secondary zoning classification which establishes additional restrictions on the use of land.
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PARK. A public space and supporting facilities designed and used for a variety of recreational activities, a greater part of which take place outside of any structure. PARKING AREA, PRIVATE. An area, paved with a hard surface in accordance with the current standards of Sheridan, Indiana, other than a street, place or alley, designed or used for the temporary parking of more than four (4) motor vehicles and available for public use, whether free or for compensation, or as an accommodation for clients or customers. PARKING SPACE. An area, unenclosed or enclosed in the main building or in an accessory building, having a rectangular area of not less than 180 square feet and a minimum width of nine (9) feet inclusive of driveways, permanently reserved for the temporary storage of one automobile and connected with a street or alley. In parking structures one half of the area occupied by supporting columns may be included in determining the width and area of each adjacent parking space and the minimum height of such space shall be seven (7) feet. PARTICULATE MATTER. Finely divided liquid or solid material which is discharged and carried along in the air. PARTY WALL OR COMMON WALL. A single unpierced masonry wall that completely separates two (2) separate dwelling units. PAVEMENT WIDTH. The actual width of a street surface that includes only the area that is drivable by vehicles, not including curbs. PERSON. A corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person, or persons. PHASE. Any land area, whether platted or unplatted, building or buildings designated by the applicant in the Final Development Plan application. PLACE. An open, unoccupied, officially designated space, other than a street or alley, permanently reserved for use as the principal means of access to abutting property. PLANNED DISTRICT. The R‐S and R‐1 zone districts which require the submission and approval of a Development Plan. (See Section 26.0) PLANT NURSERY. The growing of plants outside of a structure, intended for wholesale or retail sale. PLANTING STRIP. A section of land not less than ten (10) feet in width intended to contain plant materials and for the purpose of creating a visual separation between uses or activities. PLAT. A map or chart indicating the subdivision or replat of land, intended to be filed for record.
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POND. A body of water either occurring naturally or artificially created and not fed by any watercourse. PREMISES. A tract or lot together with all of the structures in that tract or lot. PREMISES IDENTIFICATION. The common street address of a building displayed in numerals. PRIVATE CLUB. An association organized and operated on a non‐profit basis for persons who are bona fide members paying dues, which association own or leases premises, the use of which premises is restricted to such members and their guests, and which manages the affairs of such association by and through a board of directors, executive committee or similar body chosen by the members. Food, meals and beverages may be served on such premises, provided adequate dining room space and kitchen facilities are available. PRIVATE RECREATIONAL DEVELOPMENT OR FACILITY. Any land area and/or facilities used or intended for recreational purposes not open to the general public and operated with or without remuneration charges. PRIVATE SCHOOL. Private pre‐primary, primary, grade, high or preparatory school or academy. PRIVATE STREET. A street which is not dedicated to or maintained by any public agency. PROFESSIONAL OFFICE. An office of a member of a recognized profession such as an architect, attorney, dentist, engineer, physician and surgeon. PUBLIC FACILITY IMPROVEMENTS AND INSTALLATIONS. Those facilities and installations which are intended to be accepted for maintenance by a governmental authority or public utility. PUBLIC OR COMMERCIAL SEWAGE OR GARBAGE DISPOSAL PLANT. A facility either publicly or privately owned or operated providing treatment for sewage and/or garbage disposal. PUBLIC UTILITY. A business or service, having an appropriate franchise from the state, which is engaged in regularly supplying the public with some commodity or service which is of public consequence and need such as electricity, gas, water, transportation or communications. RAILROAD. All facilities owned and/or operated by a railroad, except switching facilities. RECEIVER. A television set, radio, communication device or data input device that utilizes the signals from the earth station. RECREATIONAL VEHICLE. A portable structure, self‐propelled or towable by another vehicle, of such size and weight as not to require special highway movement permits which is primarily designed, constructed or modified to
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provide for temporary living quarters or for recreational, camping or travel use and not used for commercial purposes or for profit. The basic entities are travel trailer, camping trailer, truck camper, motor home, boat and boat trailer. Also, pertaining to Section 22.0‐ Flood Districts, a vehicle which is built on a single chassis; four hundred (400) square feet or less when measured at the largest horizontal projections; designed to be self‐propelled or permanently towable by a light duty truck; and designed primarily not for use as a permanent dwelling, but as quarters for recreational camping, travel, or seasonal use. REGULATORY FLOOD. A flood with an average frequency of occurrence on the order of once in one hundred (100) years. Also, pertaining to Section 22.0 – Flood Districts, the flood having a one percent (1%) probability of being equaled or exceeded in any given year, as calculated by a method and procedure which is acceptable to and approved by the Indiana National Resources Commission and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in Section of the Combined Development Ordinance. The term “Regulatory Flood” is also known by the term “Base Flood”. REGULATORY FLOOD PROFILE. A longitudinal profile along the thread of a river or stream showing the maximum water surface attained by the regulatory flood. RESEARCH LABORATORY STRUCTURE. A building for the accommodation of scientific research facilities such as electronic, engineering, chemical, medical and similar laboratories and planned and placed on its site in accordance with harmonious principals of architectural and landscape architectural design. RESERVATION OF LAND. An obligation by the owner to keep a particular property free from development for a stated period of time. RESERVED PARKING AREA. Parking areas provided by the developer as additional yard space which need not be paved or used as parking until needed by the related use. RESIDENCE. A living unit constructed on permanent foundation which meets all state and local BOCA codes regarding construction materials, craftsmanship, etc. The minimum width of a residence shall be 26 feet. RESIDENTIAL DISTRICT. The RS, R1, R2, and R3 zoning district classifications. RESULTANT DISPLACEMENT. The maximum amount of motion in any direction. It shall be determined by means of any three component (simultaneous) measuring systems approved by the Commission. RIDING STABLE. Any stable for the housing of horses which is operated for remuneration, hire, sale, or stabling; or, any stable with a capacity of more than four (4) horses which is not related to the ordinary operation of a farm, whether or not such stable is operated for remuneration, hire, sale or stabling. RIGHT‐OF‐WAY. An area of land permanently dedicated to provide light, air and access.
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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 it are illustrated graduate 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. ROADSIDE SALE STAND. A temporary structure used for the sale of goods or produce made or grown on the same lot. ROADWAY WIDTH. The paved area of a street measured from back or curb to back of curb. ROW HOUSE OR TOWN HOUSE. A series of two or more dwelling units, arranged side by side, separated by common walls between living areas, each unit having one or more levels. RUNOFF. The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the soil but runs off the surface of the land. RUNOFF FROM A FULLY DEVELOPED AREA UPSTREAM. The surface water runoff that can be reasonably anticipated upon maximum development of that area of the watershed located upstream from the subject tract, as permitted by prevailing zoning and the County or Town Comprehensive Plan. SANITARY LANDFILL. A solid waste disposal facility which may include an incinerator, grinder, composting facility or other State Environmental Protection Agency approved facility other than an open dump or facility for storage of contained liquid or semi‐solid waste or gas, including, but no limited to environmentally harmful chemicals or radioactive materials of any type. SCHOOL OF GENERAL EDUCATION. Any public, parochial or private school for any grades between first and twelfth that is either accredited by the Indiana Department of Public Instruction or recognized by and in good standing with the Indiana Department of Public Instruction for purposes of compulsory education requirements. SEDIMENTATION. The process by which mineral or organic matter is accumulated or deposited by wind, water or gravity. Once this matter is deposited (or remains suspended in water), it is usually referred to as “sediment”. SERVANTS QUARTERS. Living quarters within a portion of a main building, or in an accessory building located on the same lot with the main building, used for servants solely employed on the premises with such quarters not being rented or otherwise used as a separate dwelling. SERVICE STATION. Any place of business with pumps and underground storage tanks having as its purpose the retail servicing of motor vehicles with fuels and lubricants, including minor repairs and inspections incidental thereto but not
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including a general repair shop, pain or body shop, machine shop, vulcanizing shop or any operation requiring the removal or installation of a radiator, engine, cylinder head, crankcase, transmission, differential, fender, door, bumper, grill, glass or other body part, or any body repairing or painting. SETBACK. The least measured distance between a structure and the street right‐of‐way, the side lot line or the rear lot line. SIGN. Any type of sign as further defined and regulated by the Combined Development Ordinance for Sheridan, as amended. SLOPE. The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed in percentage based upon vertical difference in feet per 100 feet of horizontal distance. SLOW BURNING OR INCOMBUSTIBLE. Materials which do not in themselves constitute an active fuel for the spread of combustion. A material which will not ignite, nor actively support combustion, during an exposure for five (5) minutes to a temperature of 12000 F. SMOKE. Small gas‐borne particles resulting from incomplete combustion consisting predominantly of carbon and other incombustible materials, but excluding metallurgical fume and dust, and present in sufficient quantity to be observable independently of the presence of other solids. SMOKE UNIT. The number obtained when the smoke density of RINGELMANN number is multiplied by the time of emission in minutes. For the purpose of this calculation, a RINGELMANN density reading shall be made at least once a minute during the period of observation. Each reading is then multiplied by the time in minutes during which it is observed. The various products are then added together to give the total number of smoke units observed during the entire observation period. SOIL MAP. A National Cooperative Soil Survey prepared by U.S.D.A. Soil Conservation Service in cooperation with Purdue Experiment Station and the Hamilton County Soil and Water Conservation District, showing soil types and composition of their locations. SOIL STABILIZATION. Chemical or structural treatment of a mass of soil to increase or maintain its stability or otherwise improve its engineering properties. SOLID VISUAL BUFFER OR SCREEN. May include, but not be limited to a minimum five‐foot (5’) high solid evergreen hedge; stone, brick or wood fence; earth mounding or other suitable material or any combination of a minimum of five (5’) feet in height. If a chain link fence (with or without screen slats) is used, a minimum of five‐foot (5’) high solid evergreen hedge shall be provided on the residential or commercial side of the fence.
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SOLID WASTE. All putrescible waste in a form other than a liquid, semi‐solid or gaseous form, whether contained in any form or object, and which is not hazardous waste as defined in I.C. 13‐7‐1‐2 nor waste which contains any biological, chemical, bacteriological, radioactive or any other contaminant which may be harmful or injurious to the public health, safety or welfare of the domestic, commercial, industrial, agricultural, recreational or conservation concerns of the Town of Sheridan and its citizens. This definition is intended to specifically exclude human bodies and sewage. SORORITY, FRATERNITY, OR STUDENT COOPERATIVE. A building providing sleeping and living accommodations for a number of usually unrelated persons and usually associated with an educational institution. SPECIAL EXCEPTION. Permission for a conditional use of land which is granted because certain conditions will be met. The ordinance specifies what these uses may be. SPECIAL FLOOD HAZARD AREA (SFHA). Those lands within the jurisdiction of the Town that are subject to inundation by the regulatory flood. The SFHA’s of the Town are generally identified as such on the Flood Insurance Rate Map of the Town prepared by the Federal Emergency Management Agency and dated May 19, 1981. STADIUM OR COLISEUM. An amphitheater, large theater or other such facility used for public meetings, sports, exhibitions, etc. STORAGE. The existence of any stock. Vehicles, equipment or materials enclosed or unenclosed for a period of more than seventy‐two (72) hours and not for retail or wholesale display or sale. STORAGE WAREHOUSE. An enclosed structure used as a place for storage of goods and property. STORY. The part of any building comprised between the level of one finished floor and the level of the next higher finished floor or, if there is no higher finished floor, that part of the building comprised between the level of the highest finished floor and the top of the roof beams. STREET. A right‐of‐way, other than an alley, dedicated and accepted, or otherwise legally established for public use, usually affording the principal means of access to abutting property. STREET, ARTERIAL. A street designated for large volumes of traffic movement. Certain Arterial Streets may be classified as Limited Access Highways. STREET, FEEDER. A street planned to facilitate the collection of traffic from Residential Streets, and to provide circulation within neighborhood areas and convenient ways for traffic to reach Arterial Streets. STREET, PARKWAY. A street intended to be used primarily for passenger vehicles and developed with a park‐like or scenic character.
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STREET, RESIDENTIAL. A street designated primarily to provide access to abutting properties, usually residential. Certain Residential Streets may be Marginal Access Streets or Frontage Roads parallel to Arterial Streets, which provide access to abutting property and ways for traffic to reach access points on Arterial Streets. STRUCTURE. Anything constructed or installed or portable, the use of which requires a location on a parcel of land. It includes a movable structure which is located on land which can be used for housing, business, commercial, and agricultural or office purposes, either temporarily or permanently. Structure also includes billboards, swimming pools, poles, pipelines, transmission lines, tracks and advertising signs, whether located on a rock, tree, separate structure or part of another structure. Also, pertaining to Section22.0 – Flood Districts, a structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, or a prefabricated building. The term also includes recreational vehicles to be installed on a site for more than one hundred eighty (180) days. STRUCTURAL ALTERNATION. Any change in the supporting members of a building such as bearing walls, partitions, columns, beams, girders, or any substantial change in the exterior walls or the roof. SUBDIVIDER. Any person or persons, firm or corporation engaged in developing or improving a tract of land which complies with the definition of a subdivision as defined in this Ordinance. SUBDIVISION. The subdivision of any parcel of land into two or more parcels, sites or lots, any one of which is less than five (5) acres in area for the purpose of transfer of ownership, or building development, excluding cemeteries. The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the subdivision and allocation of land as streets or other open spaces for common use by owners, occupants or lease holders or as easements for extension and maintenance of public sewer, water, storm drainage, or other public facilities and utilities. SUBDIVISION PLAT. (See “Plat”). SUBSURFACE DRAINAGE. The flow of water in man‐made structures including storm drains, drain tile, culverts and tunnels, and the flow of water underground through natural passage to geologic formations. SURFACE DRAINAGE. In general, the flow of surface water over a given area to a natural or man‐made waterway. SWALE. A low‐lying stretch of land which gathers or carries surface water runoff. TEMPORARY CONSTRUCTION FACILITY. Temporary buildings or structures incidental to construction operations used during construction development.
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THOROUGHFARE PLAN. A part of the Comprehensive Plan of Sheridan which sets forth the location, alignment, dimensions, identification and classification of existing and proposed streets, highways and other thoroughfares. THREE COMPONENT MEASURING SYSTEMS. Instrumentation which can measure earthborn vibrations in three directions, that is, vibration occurring in a horizontal as well as a vertical plane. TOPSOIL. Surface soils and subsurface soils which presumably are fertile soils and soil material, ordinary rich in organic matter or humus debris. Topsoil is usually found in the uppermost soil layer called the “a Horizon”. TOURIST HOME. A building in which one (1) but not more than five (5) guest rooms are used to provide or offer overnight accommodations to transient guests for compensation. TOWER. A ground or roof‐mounted pole, spire, structure, or combination thereof taller than fifteen (15) feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, a meteorological device, or other similar apparatus above grade. The term does not include a water tower that is owned by public utility or municipally owned utility. TRADE OR BUSINESS SCHOOL. Secretarial or business school or college when not publicly owned or not owned or conducted by or under the sponsorship of a religious, charitable or non‐profit organization; or, a school conducted as a commercial enterprise for teaching instrumental music, dancing, barbering or hair dressing, drafting or for teaching industrial or technical arts. TURNAROUND. A space on private property that permits the turning around of any passenger vehicle without the necessity of using any public right‐of‐way to turn around. TYPE OF OWNERSHIP. Refers to methods of ownership of any type of dwelling unit, or premises, including individual, corporate, cooperative or condomini7um form of ownership or rental. TYPE OF STRUCTURE. Refers to the physical arrangement of dwelling units such as a detached single‐family dwelling, cluster single‐family dwelling, duplex or two‐family dwelling, row house or multiple‐family dwelling. USE. The employment or occupation of a building, structure or land for a person’s service, benefit or enjoyment. VARIANCE. A modification of the specific requirements of this ordinance granted by the Board in accordance with the terms of this ordinance for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and district.
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VEHICLE. Any motor vehicle or part or appurtenance thereof, designed for use as a conveyance on the public streets and highways and which is required to be licensed for that use by the Indiana Bureau of Motor Vehicles. VERTICAL VISIBILITY. A direct line of sight across a plane perpendicular to the plane of the horizon. VETERINARY HOSPITAL. A facility for the practice of veterinary medicine with or without provisions for the boarding of animals. VIBRATION. Oscillatory motion transmitted through the ground. VISION CLEARANCE ON CORNER LOTS. A triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the heights of three (3) and eight (8) feet above the established street grade. The street grade is measured at the intersection of the center lines of intersecting street pavement, and the triangular space is determined by a diagonal line connecting two points measured fifteen (15) equidistant from the corner along each property line at intersections of two (2) residential streets or twenty‐five (25) feet at the intersection of any other types of streets. WATERCOURSE. A permanent stream, intermittent stream, river, brook, creek, channel or ditch for water whether natural or manmade. WIRELESS TELECOMMUNICATIONS SERVICE. Licensed commercial wireless telecommunications services, including but not limited to cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and other similar services that are marketed to the general public. YARD. A space on the same lot with a principal building which is open, unoccupied and unobstructed by structures, except as otherwise provided in this ordinance, which is a maintained green area composed of grass and/or live plan materials. YARD, FRONT. A yard extending across the full width of the lot between the building line and the front line which is unoccupied other than by steps, walks, terraces, driveways, lamp posts and similar structures, the depth of which is the least distance between the front line and the building line. The side(s) of a lot which is (are) adjacent to a street right‐of‐way. YARD, REAR. A yard extending across the full width of the lot between the rear of the principal building and the rear lot line which is unoccupied other than by accessory buildings, steps, walks, terraces, driveways, lamp posts and similar structures, the depth of which is the least distance between the rear lot line and the rear of such principal building.
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YARD, SIDE. A yard extending from the front yard, or from the front lot line where no front yard is required, to the rear yard between the principal building and the side lot line. The width of the required side yard is measured horizontally, at 90E with the side lot line, from the nearest part of the principal building. ZERO LOT LINE. The placement of a dwelling unit on an individual lot in which one or more of the walls of the dwelling unit are at one or more of the lot lines. ZONING ORDINANCE. A section of the Combined Development Ordinance and zone map which divides the jurisdiction of the Commission into districts, with regulations and requirements and procedures for the establishment of land use controls.
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SECTION 4 PETITIONER: RESPONSIBILITIES AND RELIEF 4.1 Petitioner Responsibilities Forms
All petition requests shall be made in writing on the proper form with the required supporting documents as described in the procedures of the Plan Commission and Board of Zoning Appeals and on file in the Planning and Zoning Offices of the Town of Sheridan. Where the procedures conflict with the requirements listed within this Ordinance, the requirements of this Ordinance prevail. Requests for additional or more detailed information are not considered conflicts.
Timing
Petitioner requests shall comply with the time frames designated for submittal of petitions for consideration by the appropriate body. Failure to comply with the time‐lines as designated may result in the delay of consideration of the petition.
Review
All petitions are to be reviewed by the Administrator for completeness. The Administrator shall complete the pertinent review form in compliance with the procedures of the Plan Commission and Board of Zoning Appeals. A copy of the complete review form shall be provided to the petitioner. The petitioner is encouraged to discuss any questions or concerns regarding the Administrator’s review with the Administrator prior to any required public hearing. Incomplete petitions may cause delay in assignment for hearing by the appropriate reviewing body.
4.2 Petitioner Relief Relief from the determination of the Administrator
Petitioners whose requests fall within the authority of the Administrator to determine may seek relief from the decision of the Administrator by petitioning the Plan Commission or Board of Zoning Appeals as appropriate to the jurisdiction of the request. On appeal, the Plan Commission or Board of Zoning Appeals may make any decision that the Administrator may have. Requests for relief shall be include the original request, the decision of the Administrator, and the petitioner’s reasons advanced for relief. Review of the decisions of the Administrator shall be conducted during a public hearing.
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Relief from the decision of the Plan Commission, Board of Zoning Appeals, or Town Board
All appeals from a final decision made under this ordinance by the Plan Commission, Board of Zoning Appeals, or Town Council shall be made pursuant to the current code provisions governing relief as found in the Indiana Code once all administrative appeals allowed by this Ordinance are exhausted. The person aggrieved by the decision of the public body shall present their appeal within 30 days after the date of the public meeting at which the decision was made. The decision of the Plan Commission, Board of Zoning Appeals, or Town council is considered entered at the adjournment of the public meeting at which such decision was made.
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SECTION 5 ZONING DISTRICTS ESTABLISHMENT AND DEVELOPMENT STANDARDS 5.1 General
Sheridan, Indiana established the zoning districts as described in this Section. Within each district is listed the Permitted and Special Exception Uses allowed. Development standards for Permitted uses are listed in this section under each district. On‐site sewage disposal systems (septic tanks) are allowed in the AG‐1 and AG‐2 districts only and must obtain a valid permit from the Hamilton County Board of Health.
5.2 Permitted Uses
Permitted uses are authorized uses in the established districts as shown in the district standards. Permitted uses do not require public hearings or permission of the Board unless the site plan review reveals a public safety, health, or general welfare issue which the Administrator refers to the Board for consideration.
5.3.A Agricultural District (AG‐1)
A. Purpose: This district is established to include certain areas within Sheridan’s planning jurisdiction, which are now and shall remain under cultivation. The purpose of this district is to permit and encourage the continuation of the full range of agricultural activities with development standards which protect agricultural uses as determined by the Plan Commission, and other uses conducted in agricultural areas.
B. Subdivision
A subdivision of land is permitted in the AG‐1 district
C. Development standards for permitted uses
D. Approval of Site Plan. A development plan is required prior to a development plan taking place. No building or structure shall be erected; or land site or lot altered; or land used unless and until a site plan for such building, structure, or use has been presented to, and approved by the Sheridan Planning commission.
Permitted AG‐1 Uses
1. Farm residences and residences for farm workers
2. Farms and farm buildings for dairy animals, poultry, livestock and crops
3. Greenhouse/Wholesale only plant nursery with all uses and accessory uses
located within enclosed or screened structures
4. Stables, private on minimum 5 acre tracts
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Permitted AG‐1 Uses / Institutional
1. Public Safety Facilities
2. Public Parks
3. In home day care facility
4. Home occupation
5. Temporary buildings for construction purposes for a period not to exceed
such construction or 18 months, whichever shall first occur
6. Golf Course
7. Cemetery
8. Pumping Station
Permitted AG‐1 Uses / Accessory
1. Accessory buildings as related to agriculture or single family residential use
2. Signage as permitted elsewhere in this Ordinance (reference omitted)
3. Public utilities uses for all public utilities service and operation, except those
uses listed as special uses
4. Limited agricultural related retail sales such as roadside stands, Christmas
tree sales, long term storage use of existing agricultural buildings, retails
sales of truck‐garden produce
Permitted AG‐1 Uses / Special Exceptions
1. Public Schools
2. Place of Worship
3. Hospital
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Development Standards for Permitted Uses
Minimum Lot Area 10.0 Acres (435,600 square feet)
Minimum Front Setback
10 Acres or greater, not less than 120 ft. on designated primary and secondary arterials; not less than 80 ft. on major and minor collectors; not less than 60 ft. On other public road
Minimum Lot Width @ Building Line 330 ft.
Minimum Side Setback 50 ft.
Minimum Lot Frontage 50 ft.
Minimum Rear Setback 80 ft.
Minimum Living Unit Area 1 story: 1,200 sq. ft.
2 story: 900 sq. ft. first floor
Sewer & Water Municipal hookup not required
Max. Impervious Surface Coverage 15% of total Lot Area
Minimum Building Width 30 ft.
Maximum Building Height Primary structure: 35 ft.
Accessory structure: 18 ft.
AG related accessory structures exempt
Structural requirements Residences must be placed on permanent foundation
Garage See Accessory
Off‐Street Parking Off‐Street parking shall be provided in accordance with requirements of article 12 of this ordinance
Signage Signage shall be provided in accordance with the requirements of article 11 of this ordinance
Landscaping Section 15
Fencing None
Driveway & Entrances Per County Highway Department
Road Widening Required for acceleration/deceleration lanes and public roads
Road R‐O‐W Dedication
No more than two owners must dedicate road R.O.W. along road frontage in accordance with County thoroughfare plan
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5.3.B Agricultural Business District (AG‐2)
A. Purpose This district is established to provide certain areas within Sheridan’s planning jurisdiction for business or commercial activities related to agriculture.
B. Subdivision Subdivision of land in the AG‐2 district is permitted.
C. Development standards for permitted uses
D. Approval of Site Plan. A development plan is required prior to any development taking place. No building or structure shall be erected; or land site or lot altered; or land used; unless and until a site plan for such building, structure, or use has been presented to, and approved by the Sheridan Planning Commission.
E. Accessory building and uses. 1. Accessory buildings are permitted in the AG‐2 district, but not prior to
the erection of the principal building. 2. Accessory uses such as public utility installation, walks, driveways,
curbs, pools, retaining walls, mailboxes, name plates, lamp posts, bird baths and structures of a like nature are permitted in any required front, side or rear yard, and without the issuance of any permit.
3. Accessories such as ground microwave antenna dishes are not permitted in front or side yards through the full depth of the lot. A ground microwave antenna dish, or other such accessory use, must be located at least ten feet from the rear property line or easement interior boundary plus three feet.
4. Windmills for generating electric power and antennas in excess of 50 feet in height are not permitted in any residential district without receiving approval as a special use.
5. Detached accessory buildings shall not be located within any required front yard setback not within any required side yard setback or within 5 feet of a side line or easement interior boundary plus 3 ft. in any district. Detached accessory buildings shall not be located with 5 ft. of the rear lot line or easement interior boundary plus 3 ft..
6. The maximum height permitted shall be 18 ft. except that Agricultural‐related accessory structures shall be exempt.
7. Factory built structures initially constructed for use as a home and dwelling shall not be established or used as an accessory building in any zoned districts or for any purpose unless by variance approved by the appropriate advisory board of zoning appeals.
Permitted AG ‐2 Uses
1. All uses permitted in the AG‐1 district, except as noted in the Schedule of
Zoning
2. Commercial processing of agricultural products, except livestock, including
industrial grain elevators and mills
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3. Raising animals for biological purposes
4. Commercial grain storage elevators
5. Raising animals for furs or pets
6. Uses approved as special uses in article (reference intentionally omitted).
7. Landscape nursery, provided at least 25% of land area is used for growing
landscape plant material and all equipment and storage material within its
enclosed structures or screened.
8. Veterinary and related services, including boarding services
9. Commercial stables and kennels
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Development Standards for Permitted Uses
Minimum Lot Area 5.0 Acres (127,800 square feet)
Minimum Lot Width at Building Line 150 Feet
Minimum Front Setback
10 Acres or greater, not less than 120 ft. on designated primary and secondary arterials; not less than 80 ft. on major and minor collectors; not less than 60 ft. On other public roads
Minimum Side Setback 25 feet
Minimum Lot Frontage 50 feet
Minimum Rear Setback 100 feet
Minimum Living Unit Area 1 story: 1,200 sq. ft.
2 story: 900 sq. ft. (ground floor)
Sewer & Water Municipal hookup not required
Maximum Impervious Surface Coverage 15% of total Lot Area
Minimum Building Width 30 feet
Maximum Building Height Primary structure: 35 ft.
Accessory structure: 18 ft.
Ag related accessory structures exempt
Structural requirements Residences must be placed on permanent foundations
Garage See Accessory
Off‐street parking Off‐street parking shall be provided in accordance with the requirements of article 12 of this ordinance.
Signage Signage shall be provided in accordance with the requirements of article 11 of this ordinance
Landscaping Section 15
Fencing None
Driveway and entrances Per County Highway Department
Road Widening Required for acceleration/deceleration lanes and public roads
Road R‐O‐W Dedication
No more than two owners must dedicate road R.O.W along road frontage in accordance with County thoroughfare plan.
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5.4 Residential (R‐1)
This district is established to include areas of moderate density single family homes. All R1 districts must be within the corporate limits of the Town of Sheridan. Requests to re‐zone areas outside the corporate limits must be accompanied by a voluntary annexation request which are to contain residences as defined here in.
Permitted R‐1 Uses
1. Single Family Dwelling Subdivisions subject to Subdivision Requirements
Permitted R‐1 Uses / Special Exception
1. Child Care Home/Tower
Development Standards for Permitted Uses in R1 District
All Development Standards are minimum requirements unless noted otherwise
Lot Area 10,000 square feet
Lot Width 80 feet
Public Street Frontage 40 feet
Lot Coverage 35% maximum
Front Building Setback (Required Front Yard) 20 feet: no accessory buildings, fences higher than 3 feet (non‐opaque).
Side Building Setback (Required Side Yard) 15 feet
Rear Building Setback (Required Rear Yard) 20 feet
Minimum Building Width 30 feet
Maximum Building Height 25 feet principal building
18 feet accessory building
Structural Requirements Residences must be placed on a permanent concrete foundation or on concrete blocks
Ground Floor Area 1,500 square feet if one story
900 square feet if two story
Off‐Street Parking 2 spaces per dwelling unit. No parking spaces are allowed in the required Front Yard.
Signage As required under Section 11 Sign Regulations
Landscaping Section 15
Fencing
None required, however fences in front yards cannot exceed 3 feet in height and must be of a non‐opaque material. Fences in side and rear yards must not exceed 6 feet in height
Sidewalks 4' minimum width
Driveway and entrances Restricted to one combined entrance/exit. Driveway must be an improved surface to minimize dust.
Garage See Accessory
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5.5 Residential (R‐2).
This district is established to include areas of moderate to high density residential development including single‐family and one‐story multi‐family housing, which are to contain residences as defined herein.
Permitted R‐ 2 Uses
1. Single Family Dwelling
2. Multi‐Family with no more than three (3) units and not detached garages
3. Residential Subdivisions
4. Planned Unit Developments
Permitted R‐2 Uses / Special Exception
1. Multi‐Family (four or more units)
2. Religious House of Worship
3. Public or Private School or University
4. Child Care Home Tower
5. Home Occupation
6. Boarding or Lodging House
7. Nursing Home / Assisted Living Facilities
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Development Standards for Permitted Uses R‐2 District
All Development Standards are minimum requirements unless noted otherwise
Single Family Multi‐Family
Lot Area 7,000 square feet 2,500 square feet per dwelling unit
Lot Width 60 feet 50 feet
Public Street Frontage 30 feet 30 feet
Lot Coverage 45% 75%
Front Building Setback (Required Front Yard)
15 feet: no accessory buildings, fences higher than 3 feet and non‐
opaque or parking spaces are allowed in the required front yard. 10 feet
Side Building Setback (Required Rear Yard) 8 feet 8 feet
Rear Building Setback (Required Rear Yard) 15 feet 20 feet
Minimum Building Width 23 feet and 0 inches 23 feet and 0 inches
Maximum Building Height 25 feet principal building 35 feet principal building
18 feet accessory building 18 feet accessory building
Structural Requirements
Residences must be placed on permanent concrete foundations or concrete blocks
Residences must be placed on permanent concrete foundations or concrete blocks
Ground Floor Area 960 square feet if one story 720 square feet
720 square feet if two story
Off‐Street Parking
2 spaces per dwelling unit and as otherwise required under Section 12 ‐ Parking. No parking spaces are allowed in the required Front Yard
2 spaces per dwelling unit and as otherwise required under Section 12 ‐ Parking. No parking spaces are allowed in the required Front Yard
Signage As required under Section 11 ‐ Signage
As required under Section 11 ‐ Signage
Landscaping As required under Section 15 ‐ Landscaping
As required under Section 15 ‐ Landscaping
Fencing Same as R‐1 for single family, 6' privacy fence around parking lot
6' privacy fence in back yard if more than three dwelling units
Driveways and Entrance/Exits
Improved surface driveway, one combined entrance/exit for single family, for multi‐family separate entrance and exit
Buildings and parking spaces must be accessed by an improved surface driveway. Each lot containing more than 3 dwelling units must have separate entrance and exit
Garage See Accessory See Accessory
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5.6 Central Business District (CB). This district is established to include the core historic downtown business
district of Sheridan, Indiana. Outside storage of materials or outside vending machines are not permitted. Street scape design parameters with CB district shall be in accordance with towns “downtown street scape” report.
Permitted CB Uses
1. Commercial Retail establishments
2. Commercial Service establishments
3. Food Service establishments without any drive‐through service
4. Professional Offices
5. Apartments on second story of commercial buildings
6. Entertainment establishments
7. Banks, Credit Unions, Savings and Loans
Permitted CB Uses / Special Exception
1. Child Care Center
2. Religious House of Worship
3. Public or Private School or University
4. Home Occupation
5. Public Gathering / Meeting
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Development Standards for Permitted Uses CB District
All development standards are minimum requirements unless noted otherwise
Lot Area As platted as of date of passage of this ordinance
Lot Width As platted as of date of passage of this ordinance
Public Street Frontage As platted as of date of passage of this ordinance
Lot Coverage As platted as of date of passage of this ordinance
Front Building Setback (Required Front Yard) None
Side Building Setback (Required Side Yard) None
Rear Building Setback (Required Rear Yard) None
Maximum Building Height None
Ground Floor Area None
Off‐Street Parking
None, except that second story apartments must have 2 spaces per dwelling unit leased or owned within a one block radius of the apartment
Signage
As required under Section 11 ‐ Signage and encouraged to follow voluntary guidelines listed under Downtown Street Scape Design
Landscaping
None, except encouraged to follow voluntary guidelines listed under Downtown Street Scape Design
Fencing
None, except that refuse collection areas in any alley way or access easement is required to be shielded from the sightline of any public way by a six foot wood privacy fence
Highway Right‐of‐Way Right‐of‐way set aside with county thoroughfare plan
Ingress/Egress No minimum
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5.7 Restricted Commercial (C1) This district is established to include small to moderate, light traffic generating
commercial and office businesses primarily serving local and limited regional markets. C1 Districts are allowed only where served by collector streets and higher use streets and where traffic generation from these uses will not materially impair traffic flow in the area nor create a public safety hazard.
Any restaurant offering drive through food service shall be required to have a drive through lane which is sufficiently separated from vehicular parking lot, such that operation of drive through lane does not inhibit vehicular activity in parking lot. The drive through lane itself must provide vehicular ability to leave the drive through lane and exit the premise. Any restaurant offering drive through services must have separate entrance and exit. High intensity restaurants shall provide left and right turn lanes at the exit. Permitted C1 Uses 1. Commercial Establishments (not listed nor within the described categories
of special exceptions)
With fewer than 20 employees per shift
Any goods produced are sold on the premises
No accessory buildings larger than 20% of the ground floor space of the primary building
Includes retail sales, repair shops, personal services, entertainment facilities, and similar commercial uses of light traffic generating and non‐nuisance causing features.
2. Food Servicing establishments where principal use is not drive‐through business
3. Financial services 4. Professional Offices including health offices provided no more than 15
employees per shift are employed 5. Subdivisions subject to Subdivision Requirements 6. Planned Unit Developments subject to Planned Unit Development
Requirements. Permitted C1 Uses / Special Exceptions 1. Religious House of Worship 2. Public or Private School or University 3. Child Care Center Tower
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Development Standards for Permitted Uses C1 District
All development standards are minimum requirements unless noted otherwise
Lot Area 5,000 square feet
Lot Width 50 feet
Public Street Frontage 50 feet, unless using an integrated access street
Maximum Lot Coverage None
Front Building Setback (Required Front Yard) 15 feet; no accessory buildings allowed in required front yard
Side Building Setback (Required Side Yard) None, unless abutting a residential district in which case the rear yard shall be 15 feet
Rear Building Setback (Required Rear Yard) 10 feet, unless abutting a residential district in which case the side shall be 20 feet
Maximum Building Height 35 feet principal building
18 feet accessory building
Ground Floor Area None
Off‐Street Parking As required under Section 12 Parking
Signage As required under Section 11 Signage
Landscaping As required under Section 15 Landscaping and Buffering
Fencing Shall be surrounded by 6' privacy fence, rear
Highway Right‐of‐Way Right‐of‐Way set aside with County Thoroughfare Plan
Ingress / Egress Minimum one entrance/exit not less than 24 feet wide
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5.8 General Commercial (C2) This district is established to include areas that are appropriate to all kinds of
business and office uses serving local and regional markets. No outside storage is allowed with the exception of seasonal uses such as gardening, landscaping or is the actual display of units for sale such as boats, cars, etc. C2 Districts are allowed only where served by arterial streets and where traffic generation from these uses will not materially impair traffic flow in the area nor create a public safety hazard. Accessory buildings shall not occupy more than 40% of the total floor area of the principal building or total of principal buildings.
Any restaurant offering drive through food service shall be required to have a
drive through lane which is sufficiently separated from vehicular parking lot, such that operation of drive through lane does not inhibit vehicular activity in parking lot. The drive through lane itself must provide vehicular ability to leave the drive through lane and exit the premise. Any restaurant offering drive through services must have separate entrance and exit. High intensity restaurants shall provide left and right turn lanes at the exit.
Movie theaters are considered to have higher requirements of parking and
traffic due to the traffic peaking factors. The minimum entrance requirement is 24 foot wide entrance which is separated from the exit which shall also be 24 feet wide and provide designated turn lanes.
Permitted C2 Uses
1. All permitted uses in the C1 District
2. Commercial Establishments which are non‐manufacturing and are not listed
nor within the categories of Special Exceptions
3. Professional offices including health facilities and are not listed nor within
the categories of Special Exceptions
4. Subdivisions subject to Subdivision Requirements, Planned Unit
Developments subject to Planned Unit Development Requirements.
Permitted C2 Uses / Special Exceptions
1. Tower
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Development Standards for Permitted Uses C1 District
All development standards are minimum requirements unless noted otherwise
Lot Area 5,000 square feet
Lot Width 50 feet
Public Street Frontage 50 feet unless fronting on an integrated access street
Maximum Lot Coverage None
Front Building Setback (Required Front Yard) None
Side Building Setback (Required Side Yard) None, except where abutting a residential district which shall then require 15 feet
Rear Building Setback (Required Rear Yard) 10 feet, unless abutting a residential district in which shall then require 20 feet
Maximum Building Height 50 feet principal building
18 feet accessory building
Ground Floor Area None
Off‐Street Parking As required under Section 12 Parking
Signage As required under Section 11 Signage
Landscaping As required under Section 15 Landscaping and Buffering
Fencing None
Driveway, Entrances and Exits
Separate entrance and exit with acceleration and deceleration lanes provided. For parcels over one acre, or high intensity traffic generation such as fast food, separated left and right turn exit lanes shall be provided
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5.9 Industrial District (I) This district is established to include areas suitable for light industrial
development and office park uses. Uses which have characteristics likely to produce serious adverse effects within or beyond the limits of the district are prohibited. The purpose of this district is to preserve the land in the district for Industrial and office uses and to prohibit general commercial or residential uses.
Permitted I Uses
1. Light Industrial
2. Office Parks
3. Transportation Facilities related to Industrial concerns
4. Warehouse and Storage facilities
5. Wireless Communication service antenna if mounted on an existing
structure or tower
6. Power Transmission Lines
7. Municipal Buildings
8. Construction Companies
Permitted I Uses / Special Exceptions
1. Communication tower, new or to be enlarged
2. Light industrial uses requesting outside storage areas
3. Vocational or Industrial training facilities
4. Temporary Construction Uses
Excluded I Uses
1. Bulk Storage of petroleum products not used for on‐site manufacturing and
operations
2. Disposal of radioactive materials
3. Fertilizer manufacturing
4. Stockyards, slaughtering facilities, leather curing or tanning
5. Reclaiming processes involving chemicals or materials that are considered
dangerous to health, safety and welfare of the general public as determined
by the Indiana State Board of Health of the Town of Sheridan
6. Refining or manufacturing of petroleum products
7. Refining or manufacturing of wood preservatives, cement, line or gypsum
8. Outdoor storage of materials unless fenced and screened.
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Development Standards for Permitted Uses C1 District
All development standards are minimum requirements unless noted otherwise
Lot Area 1 Acre
Lot Width None
Public Street Frontage 30 feet unless fronting on an integrated access street
Maximum Lot Coverage including parking areas and drives 75% and as subject to subject to Open Space Requirements
Front Building Setback (Required Front Yard) 20 feet
Side Building Setback (Required Side Yard) 15 feet except where abutting a residential district which shall then require 30 feet
Rear Building Setback (Required Rear Yard) 15 feet unless abutting a residential district which shall then require 20 feet
Maximum Building Height 60 feet principal building
35 feet accessory building
Ground Floor Area None
Off‐Street Parking One space for every 1100 square feet under roof but not less than 1.25 space per employee
Loading Berths In industrial buildings as measured by gross floor area:
up to 15,000 square feet: one loading berth
15,001 ‐ 40,000 square feet: two loading berths
in office buildings as measured in gross floor area:
100,000 square feet or less: one loading berth
100,001 ‐ 300,000 sq. ft.: two loading berths
Each additional 200,000 sq. feet: one additional berth
Signage As required under Section 11 Sign Regulations
Landscaping Required front yards shall be landscaped and
maintained for the entire length of the front of the building. Any yard next to a residential use or residential district shall maintain a 15 foot landscaped yard, composed of trees 2 1/2 inches in size measured at 40" above ground level and spaced fifty (50) on center. All landscaping shall be installed prior to the issuance of a Certificate of Occupancy or if weather does not permit the installation, a bond or an escrow for an amount equal to the total cost of the required landscaping may be posted.
Fencing None required except for outside storage or operations.
Highway Right‐of‐Way Right‐of‐Way set aside with County Thoroughfare Plan.
Ingress /Egress Separate entrance and exit with minimum 4 foot median.
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5.10 Historical Industrial District (I‐H) This district is established to include manufacturing areas located adjacent to
the central business district which were developed in conjunction with the history of the town. Due to the Historic presence of this facility, as primary employer, the developing standards for this district can be adjusted by special exception.
Permitted I‐H Uses
1. Light Industrial
2. Office Parks
3. Transportation Facilities related to Industrial concerns
4. Warehouse and Storage facilities
5. Wireless Communication service antenna if mounted on an existing
structure or tower
6. Power Transmission Lines
7. Municipal Buildings
8. Construction Companies 9. Manufacturing of high tech components Permitted I‐H Uses / Special Exception 1. Tower Excluded I‐H Uses 1. Bulk Storage of petroleum products not used for on‐site manufacturing and
operations
2. Disposal of radioactive materials
3. Fertilizer manufacturing
4. Stockyards, slaughtering facilities, leather curing or tanning
5. Reclaiming processes involving chemicals or materials that are considered
dangerous to health, safety and welfare of the general public as determined
by the Indiana State Board of Health of the Town of Sheridan
6. Refining or manufacturing of petroleum products
7. Refining or manufacturing of wood preservatives, cement, line or gypsum
8. Outdoor storage of materials unless fenced and screened.
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Development Standards for Permitted Uses I‐H Districts
All development standards are minimum requirements unless noted otherwise
Lot Area 1 Acre
Lot Width None
Public Street Frontage 30 feet unless fronting on an integrated access street
Maximum Lot Coverage including parking areas and drives
75% and as subject to subject to Open Space Requirements, Section 31
Front Building Setback (Required Front Yard) None
Side Building Setback (Required Side Yard) None
Rear Building Setback (Required Rear Yard) None
Maximum Building Height None
35 feet accessory building
Ground Floor Area None
Off‐Street Parking One space for every 1100 square feet under roof but not less than 1.25 space per employee
Loading Berths In industrial buildings as measured by gross floor area:
up to 15,000 square feet: one loading berth
15,001 ‐ 40,000 square feet: two loading berths
in office buildings as measured in gross floor area:
100,000 square feet or less: one loading berth
100,001 ‐ 300,000 sq. ft.: two loading berths
Each additional 200,000 sq. feet: one additional berth
Signage As required under Section 11 Sign Regulations
Landscaping
Required front yards shall be landscaped and maintained for the entire length of the front of the building. Any yard next to a residential use or residential district shall maintain a 15 foot landscaped yard, composed of trees 2 1/2 inches in size measured at 40" above ground level and spaced fifty (50) on center. All landscaping shall be installed prior to the issuance of a Certificate of Occupancy or if weather does not permit the installation, a bond or an escrow for an amount equal to the total cost of the required landscaping may be posted.
Fencing None required except for outside storage or operations.
Highway Right‐of‐Way Right‐of‐Way set aside with County Thoroughfare Plan.
Ingress /Egress Separate entrance and exit with minimum 4 foot median.
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5.11 Industrial Districts – Enclosed Industrial (EID) and Open Industrial (OID) Description and General Requirements:
A. Enclosed Industrial District. An Enclosed Industrial District (EID) is one for
the industry to conduct its operations entirely within enclosed buildings of any size and shall be used so as to comply with the standards described herein.
B. Open Industrial District. An Open Industrial District (OID) is one for industry
requiring both buildings and open area for manufacturing, fabricating, processing, extraction, heavy repairing, dismantling, storage or disposal of equipment, raw materials, manufactured products or wastes, and shall be used so as to comply with the standards described herein.
C. Other provisions and requirements for Enclosed Industrial Districts and Open Industrial Districts are as follows:
1. The disposal of wastes discharged into public streams and sewage systems shall meet the requirements of the stream pollution control law of the State of Indiana, including Indiana Code §13‐18‐4, as amended.
2. No more than one primary building is permitted on a single lot within any Industrial District.
3. Chimneys, cooling towers, elevator bulkheads, fire towers, scenery lofts, power transmission lines or towers and distribution poles and lines, and essential mechanical appurtenances may be erected to any height not prohibited by other laws or ordinances.
4. The Town of Sheridan Plan Commission (“Plan Commission”) shall review and approve preliminary and final plans to ensure adherence to development standards and overall conformity to the master plan and applicable zoning ordinances.
D. Application Procedures. See § 26 E. Site Access and Site Circulation
1. All proposed site access locations shall comply with the requirements of the Indiana Department of Transportation, Driveway Permit Manual (1996 Version) and any amendments thereto, which is hereby incorporated into and made a part of this Ordinance by this reference;
2. All proposed site access locations shall provide for the safe and efficient movement of vehicular and pedestrian movement to and from the proposed development; and
3. Site circulation patterns shall be designed to minimize conflicts between vehicular and pedestrian traffic, and create a safe and efficient movement of both vehicular and pedestrian traffic in and around the site. Where site access has been officially approved by an agency other than the Town Council of Sheridan, the Sheridan Plan Commission shall not be compelled to include such approved access in the approval of the development plan.
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4. Road Frontage, berms and sidewalks of each individual developer to provide.
F. Signs. See § 11 G. Parking. See § 12
H. Landscaping. See § 15
I. Building Orientation
1. Each Visible Building Face shall adhere to the Architectural Standards defined in § 5
2. No loading spaces shall be permitted to face a public street or an adjoining residential district.
3. No outside storage shall be permitted between an established building line and the right‐of‐way of a public street or an adjoining residential district.
5.11.1 Establishment of Districts
Land currently zoned within the jurisdiction of the Plan Commission will be classified and divided into the following zoning districts, as further and more specifically identified on the Sheridan Zoning Map.
5.11.2 Enclosed Industrial District
A. Purpose and Intent. The purpose of this district is to accommodate industrial uses that conduct their operations entirely within enclosed buildings.
B. Permitted Uses: See § 5.11.4
C. Development Standards: See § 5
D. Performance Standards: See § 5
E. Development plan review is required.
5.11.3 Open Industrial District
A. Purpose and Intent: The purpose of this district is to accommodate industrial uses that require both indoor and outdoor areas for manufacturing, fabricating, processing, extractions, heavy repairing, dismantling, storage or disposal of equipment, raw materials, manufactured products or wastes.
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B. Permitted Uses: See § 5.11.4 C. Development Standards: See § 5
D. Performance Standards: See § 5
E. Development Plan Review is required.
5.11.4 Industrial District Uses
This district is established to allow the following uses. Uses which have characteristics likely to produce serious adverse effect within and beyond the limits of the district are prohibited.
Enclosed Industrial Permitted Uses
1. Data Processing Call Centers 2. Engineering Research and Testing Laboratories 3. Office, Construction Trade 4. Trucking Companies 5. Industrial Light 6. Warehousing and Distribution Operations 7. Wholesalers Open Industrial Permitted Uses 1. Agricultural Processing 2. Data Processing Call Centers 3. Engineering Research and Testing Laboratories 4. Office, Construction Trade 5. Recycling Collector System 6. Trucking Companies 7. Industrial Light OI, EI 8. Industrial Medium, OI 9. Warehousing and Distribution Operations OI, EI Excluded Uses 1. Bulk storage of petroleum products not used for on‐site manufacturing and
operations. 2. Disposal of radioactive and hazardous materials 3. Fertilizer manufacturing 4. Stockyards, slaughtering facilities, leather curing and tanning 5. Reclaiming and disposal processes involving chemicals or materials that are
considered dangerous to health, safety, and welfare of the general public as determined by the Indiana State Board of Health or the Town of Sheridan.
6. Refining or manufacturing of petroleum products 7. Refining or manufacturing of wood preservatives, cement, lime, or gypsum 8. Outdoor storage of materials unless fenced and screened.
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Special Exception Uses 1. Communication towers 2. Light industrial uses requesting outside storage areas 3. Vocational or Industrial training facilities 4. Temporary construction uses
ENCLOSED & OPEN INDUSTRIAL DISTRICT STANDARDS
Minimum Lot Size 1 Acre
Minimum Lot Frontage 70 feet
Minimum Front Yard Setback (on expressway or arterial roadway) 100 feet
Minimum Front Yard Setback (all others) 40 feet
Minimum Side Yard Setback 20 feet
Minimum Rear Yard Setback 20 feet
Minimum Lot Width None
Maximum Primary Building Height 60 feet
Minimum Building Size None
Maximum Lot Coverage 75 percent
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5.12.1 Architectural Standards
A. All new nonresidential buildings or building additions located within an industrial district shall comply with the following: 1. Mechanical Screening. Ground‐mounted mechanical
equipment shall be completely enclosed. Ground‐mounted enclosures for mechanical equipment shall be landscaped on all sides not facing the building served in accordance with § 15 Landscaping Standards.
2. Visible Building Faces. Each building face visible from a street, oriented toward an adjoining residential district, or oriented toward an alternative transportation corridor bearing a designation of the Thoroughfare Plan (collectively, “Visible Building Faces”), shall comply with the following. a) Building Material
1. In order to create variation and interest in the buildt environment, all new buildings or building additions located within any industrial district shall use the exterior building materials specified below on each Visible Building Face: i. Brick or other masonry material; ii. Architectural concrete, if the surface of the
architectural concrete simulates brick or stone (e.g., limestone, marble, or granite);
iii. Pre‐cast concrete, if the surface of the pre‐cast concrete is painted, textured (e.g., limestone, marble, or granite);
iv. External insulation and finish system; or Architectural/Textured Metal Wall Panel
v. Stone b) If materials other than masonry materials are utilized on
any Visible Building Face, then the building face shall be supplemented with:
i. The use of multiple colors and textures (e.g., rough, smooth, striated, etc,); or
ii. The addition of architectural elements (e.g. quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, etc.).
3. No loading spaces, loading docks or oversized service doors shall be permitted on a Visible Building Face, as defined herein.
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5.12.2 Lighting Standards
A. Purpose and Intent. The community wishes to enhance the visual environment of the nighttime sky, protect the public health, safety and welfare, provide safe roadway conditions for motorists, cyclists, and pedestrians, and promote energy efficient, cost effective lighting while minimizing light pollution, intrusion and trespass from uncontrolled light sources. It is the intent of this section to minimize the intrusion of lighting across property lines and into the nighttime sky, thereby avoiding a disruption to the quality of life or residents.
B. Exceptions. Exceptions to this section shall include the following:
1. All outdoor light fixtures permitted prior to the adoption of these regulations (08/01/2015) shall be exempt from the shielding requirements of this section, except that when an outdoor light fixture becomes inoperable, the replacement light fixture shall comply with the standards of this section;
2. All hazard warning lighting required by federal and state regulatory agencies;
3. All temporary emergency lighting required by local law enforcement, emergency service and utility department(s);
4. All traffic control and directional lighting; 5. All lighting for temporary festivals and carnivals (see § 23
Special Exception Use); and 6. All low‐wattage residential accent and landscape lighting
fixtures having a maximum output of 1600 lumens (equal to one 100‐watt incandescent light) per fixture.
C. Prohibitions. The following shall be prohibited:
1. The installation, sale, lease or purchase of any mercury vapor lamp;
2. The use of laser source light or other similar high intensity light for outdoor advertising, except when otherwise permitted in conjunction with an Electronic Sign, when projected above the horizontal;
3. The operation of searchlights and floodlights for advertising purposes;
4. The use of any lighting source on towers shall be prohibited except as required by the Federal Aviation Administration; and
5. The illumination of off‐site advertising signs.
D. Industrial Lighting Standards. The following shall apply to all industrial uses: 1. All light fixtures, with the exception of internally‐illuminated
signage or electronic signage, shall be positioned in such a manner so that no light emitting surface is visible from a residential lot or right‐of‐way when viewed at ground level.
2. Light meter readings shall not exceed; (i) one‐half foot candles at a single‐family or multi‐family residential lot line; or (ii) one‐foot candle at all other lot lines. (It should be understood that,
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with all of these measurements, light will still be visible at or beyond lot lines.)
3. All lights on poles, stand, or mounted on a building shall have a shield, adjustable reflector, and non‐protruding diffuser. a) Light pole height shall not exceed 25 feet. All light fixtures
in parking areas shall be designed and located to confine emitted light to the parking area.
4. All canopy structures shall have lights with diffusers which are recessed, and which do not extend below the surface of the canopy as measured on a plane parallel to the earth’s surface.
5. Lighting under awnings and canopies shall only illuminate a front building façade, a sign under an awning or canopy, or the sidewalk, but shall not illuminate the awning or canopy itself.
6. All parking area lighting for nonresidential uses shall be reduced (e.g., turned off or dimmed) by a minimum of 30 percent within 30 minutes of closing of the last business or no later than 11:00 p.m. Second and third shifts are exempt.
7. Light fixtures used to illuminate an outdoor advertising sign, other than a monument sign or an internally‐illuminated sign, shall be mounted on top of or above the sign structure and shall comply with the shielding requirements of this section.
8. Light fixtures used to illuminate ground mounted or monument signs may be illuminated with a ground mounted or bottom mounted light fixture, provide that the light fixture is fully shielded and all light output is directed onto the sign surface.
9. Lamps utilized for the internal illumination of wall signs shall be turned off at 11:00 p.m. or when businesses closes.
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5.12 Emission Standards Fire Hazards
The storage, utilization or manufacture of materials or products ranging from incombustible to moderate burning is permitted. Provided that said materials shall be stored and utilized in a manner approved by the State Fire Marshall, the State Administrative Building Council, and/or IDEM.
Water Pollution
No operation or activity permitted in the I‐1 District shall discharge, or cause to be discharged, liquid or solid wastes into public waters unless in compliance with the provisions of the Stream Pollution Control Law of the State of Indiana (IC 13‐18) 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, as well as the approval of the appropriate authority accepting the waste materials.
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 Town of Sheridan. Such activity shall be conducted in accordance with the rules promulgated by the State Fire Marshall and the State Administrative Building Council and/or IDEM.
The restrictions of this Section shall not apply to:
The activities of site preparation or construction, maintenance, repair, alteration, modification or improvement of buildings, equipment or other improvements located on the premises;
The operation of motor vehicles or transportation facilities; Conditions beyond the control of the user such as fire, explosion, accidents, failure or breakdown of equipment or facilities or emergencies; and Safety or emergency warning signals or alarms necessary for the protection of life, limb or property.
Performance Standards
No land or building in this district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or condition.
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Fire Hazards
Any activity involving the use of flammable or explosive materials shall be protected by adequate fire fighting and fire suppression equipment and by such safety devices as are normally used in the handling of any such material. All requirements of the State Fire Marshall shall be followed.
Radioactivity or Electrical Disturbances
No activity shall emit any radioactivity or electrical disturbance at or beyond the property line of said manufacturing establishment. All requirements of the State Fire Marshall, Indiana State Board of Health, Administrative Building Council and the Indiana Air Pollution Control Board shall be followed.
Noise
No noise shall be discernible at or beyond the property line of said manufacturing establishment, except during construction operations, in excess of the following: (See Chart A). Air raid sirens and related apparatus used solely for public purposes are exempt from this requirement. All requirements of the Indiana State Board of Health and the Administrative Building Council shall be followed.
Vibration
No vibration shall be permitted which is discernible without instruments at the property line.
Air Pollution
No harmful air pollution shall be discernible by sight, smell or testing at the property line. All requirements and regulations established by the Air Pollution Control Board and the Indiana State Board of Health shall be followed.
Glare
No direct or reflected glare in excess of 0.1 foot‐candles of light (lights, fire, etc.) shall be permitted which is visible from any property adjacent or from any public street, road or highway.
Erosion
No erosion, by either wind or water, shall be permitted which will carry substances onto neighboring properties. All requirements of the Indiana State Board of Health, the Indiana Department of Natural Resources and Hamilton County Soil and Water Conservation District shall be followed.
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Water Pollution
Water pollution shall be subject to all requirements and regulations established by the Indiana State Board of Health, Hamilton County Health Department, the Indiana Department of Natural Resources and the Indiana Stream Pollution Control Board.
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CHART A
MAXIMUM ALLOWED NOISE LEVELS
Octave‐
Band
Center Piano Maximum At a
Frequency Notes SPL Boundary Given
(Hertz) Range (Decibles) Distance Environmental
31.5 (Bₒ ‐ C₁) 80 Light trucks in Town 20'
Offices with tabulating machines
63 (B₁ ‐ C₂) 79 Light trucks in Town 20'
Offices with tabulating machines
125 (B₂ ‐ C₃) 75 Conversational Speech 3' Average Traffic
100'
250 (B₃ ‐ C₄) 69 Conversational Speech 3' Average Traffic
100'
Accounting Offices Octave‐
Band
Center Piano Maximum At a
Frequency Notes SPL Boundary Given
(Hertz) Range (Decibles) Distance Environmental
500 (B₄ ‐ C₅) 63 15,000 KVA 115 KV Transformer at 200'
1000 (B₅ ‐ C₆) 57 15,000 KVA 115 KV Transformer at 200'
2000 (B₆ ‐ C₇) 52
Private Business Offices, Light
Traffic
Average Residence
4000 (B₇ ‐ C₈) 48
Private Business Offices, Light
Traffic
8000 ( ‐ ) 45
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SECTION 6 ACCESSORY STRUCTURES
Accessory Structures and Temporary Uses or Structures General: Accessory Structures are authorized in all districts subject to the provisions of any and all restrictive covenants running with the land. In addition Accessory Structures: A. Shall be incidental and subordinate to and commonly associated with the
operation of the principal use of the land and operated and maintained under the same ownership and on the same lot as the principal use.
B. Accessory buildings are buildings clearly smaller in height and width than the primary building.
C. Accessory builders may not be located in any required front yard. D. Shall not be located closer to the lot line than one‐half of the minimum
setbacks required for the principal business. E. Shall not be erected prior to the construction of the principal use.
Accessory Structures
The following accessory structures are allowed in all districts subject to the development standards in this section and the standards of the districts in which the property is located. The following list is not exhaustive and the specific does not control the general. Sidewalks, driveways, garages, pol barns, accessory buildings, carports, mailboxes, newspaper delivery boxes, drainage installations, bird baths, landscaping, fencing, walls, vegetation screening, storage buildings.
Agricultural (AG‐1 and AG‐2)
A. Accessory buildings are permitted in all districts, but not prior to the erection of the principal building.
B. Accessory uses such as public utility installation, walks, driveways, curbs, retaining walls, mail boxes, name plates, lamp posts, bird baths and structures of a like nature are permitted in any required front, side or rear yard, and without the issuance of any permit.
C. Accessories such as ground microwave antenna dishes are not permitted in front or side yards through the full depth of the lot. A ground microwave antenna dish, or other such accessory use, must be located at least ten feet from the rear property line or easement interior boundary plus three feet.
D. Windmills for generating electric power and antennas in excess of 50 feet in height are not permitted in any residential district without receiving approval as a special use.
E. Maximum size of accessory building is 5,000 sq. ft. Accessory buildings shall not be located within any required front yard setback. Accessory building side and rear yard setbacks:
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Size of Building Required Setback
0 ‐ 1,600 sq. ft. 5.0 ft. or easement plus 3.0 ft., whichever is greater
1,601 ‐ 2,400 8.0 ft. or easement plus 3.0 ft., whichever is greater
2,401‐ 3,600 12.0 ft. or easement plus 3.0 ft., whichever is greater
3,601 ‐ 5,000 20.0 ft. or easement plus 3.0 ft., whichever is greater
F. The maximum height permitted shall be 21 ft.; measured halfway between
the eve board and the top of the building. G. Factory built structures initially constructed for use as a home and dwelling
shall not be established or used as an accessory building in any zoned districts or for any purpose unless by variance approved by the appropriate advisory board of zoning appeals.
Residential (R‐1 and R‐2)
A. Accessory buildings are permitted in all districts but not prior to the erection of the principal building.
B. Accessory uses such as public utility installations, walks, driveways, curbs, retaining walls, mailboxes, name plates, lamp posts, bird baths and structures of a like nature are permitted in any required front, side or rear yard, and without the issuance of any permit.
C. Accessories such as ground microwave antenna dishes are not permitted in front or side yards through the full depth of the lot. A ground microwave antenna dish, or other such accessory use, must be located at least ten feet from the rear property line or easement interior boundary plus three feet.
D. Windmills for the generating of electric power are not permitted in any residential district without receiving approval as a special use.
E. Maximum size of accessory building is 2,400 sq. ft. Accessory buildings shall not be located within any required front yard setback. Accessory building side and rear yard setbacks:
Size of Building Required Setback
0 ‐ 1,600 sq. ft. 5.0 ft. or easement plus 3.0 ft., whichever is greater
1,601 ‐ 2,400 sq. ft. 8.0 ft. or easement plus 3.0 ft., whichever is greater
F. The maximum height permitted shall be 21 ft.; measured halfway between
the eve board and the top of the building.
G. Factory built structures initially constructed for use as a home and welling
shall not be established or used as an accessory building in an zoned
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districts or for any purpose unless by variance approved by the appropriate
advisory board of zoning appeals.
Commercial (C‐1 and C‐2)
A. Factory built structures initially constructed for use as a home and dwelling
shall not be established or used as an accessory building in any zoned districts or
for any purpose unless by variance approved by the appropriate advisory board
of zoning appeals.
Industrial (I, I‐H, EID, and OID)
A. Factory built structures initially constructed for use as a home and dwelling
shall not be established or used as an accessory building in any zoned
districts or for any purpose unless by variance approved by the appropriate
advisory board of zoning appeals.
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SECTION 7 GARAGE OR YARD SALES
A garage or yard sale may be conducted two times in any one calendar year on any premises located in any Residential District, but no sale shall be conducted for more than five consecutive days and conducted only during the hours of sunrise to sunset. All items for sale shall be the personal property of the owner or occupier of the premises or of persons who are participating in the actual sale of the items. All signs and items exhibited for sale outside shall be removed immediately following the last day of sale.
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SECTION 8 HOME OCCUPATIONS 8.1 General
Home occupations are permitted only within the primary dwelling as a special exception in all districts in which residential uses are allowed. Home occupations should not adversely affect the residential nature of the district or interfere with the use and enjoyment of adjacent properties.
8.2 Definition and Restrictions
A home occupation must A. Be incidental to the use of the property as a residence and not change the
character of the building;
B. Occupy no more than 15% of the total floor area of the building;
C. Be conducted entirely within the primary dwelling unit and there is no outside noise, odor, smoke or vibration;
D. Have no indication from the exterior that the dwelling is being used in for
any purpose other than a dwelling, including no outside storage or display of materials in connection with the home occupation, no separate entrance, and no more than one additional off‐street parking space not located in any required front yard; except that one sign as permitted under the Sign Regulations section of this ordinance is allowed;
E. Employ no more than one person outside of the immediate family;
F. Have no signs other than those normally permitted in the district in which
the home occupation is located;
G. Sell no commodity on the premises other than that prepared on the premises;
H. Not receive the delivery of any materials for the home occupation more
than twice daily by any vehicle not owned by a family member;
I. If applicable only use mechanical equipment customarily used for domestic purposes or is customarily found in a business office; and
J. Comply with all the regulations of the district in which it is located. A home occupation shall not include: A. Any business or occupation which requires customer traffic of an intensity
more than one at a time or in which customer visits may peak at certain times of the day;
B. Any service, processing or manufacturing that produces noxious materials, products, or refuse.
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SECTION 9 CHILD CARE HOMES
Child Care Homes shall not be considered as a home occupation, but shall be treated as a special exception. Child Care Homes are special exceptions in all residential districts. Child Care Homes must meet all the development standards of the district in which it is located. In addition, Child Care Homes must comply with all rules adopted by the Indiana Division of Family and Children, and Fire and Building Safety Codes governing the operation of Child Care Homes. In addition to the procedures outlined in this Ordinance for the consideration of Special Exceptions, the following procedures apply: Child Care Homes must have a permit from the town, it must meet minimum fence play area required of the state, it cannot have more than six (6) children in addition to the children who normally reside at that home, it must have smoke detectors in every room, it must meet electrical and plumbing code, and it must have provision for at least four (4) parking spaces in addition to parking for vehicles owned by residents.
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SECTION 10 WIRELESS COMMUNICATION FACILITIES 10.1 Purpose
The purpose of this section is to regulate the construction, placement, and modification of wireless communications facilities in conformity with the Federal Telecommunications Act of 1996, and A. To preserve the aesthetic character of the Sheridan community;
B. To protect the community from visual and design clutter and to preserve
notable views;
C. To provide the community with the benefits from new technological advances and to protect the community from unnecessary placement of communications facilities which do not materially add to technological benefits to the community;
D. To promote long‐range planning and cooperation between the Sheridan
community and communications providers and among communications providers;
E. To promote the public health, safety, and welfare to ensure that the
telecommunications services are consistent with applicable Federal and State regulations;
F. And to adhere to the tenets of the Comprehensive Plan
Interpretation
Nothing in these regulations should be construed to prohibit or have the effect of prohibiting the siting of communication towers outright or to discriminate among service providers of functionally equivalent service, or services, which compete one against the other for wireless communication services.
Application
Communication facilities are to be located in areas least disruptive to residential, park and greenway use or historical structures or notable views; should be designed to be as unobtrusive and invisible as possible; are encouraged to be located on existing towers or buildings and/or in areas where dangers from structural failure or falling or blowing ice pose the least safety hazards; and are to be designed and sited so as not to adversely affect property values.
10.2 Accessory Permitted Uses
The following accessory permitted uses are subject to the completed application requirements for an improvement location permit for antennas on an existing or approved tower or attached to an existing or approved other structure.
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A. Antennas are an accessory permitted use in all districts if co‐located on an existing or previously approved tower.
B. Antennas are accessory permitted uses in all districts if visually integrated with or camouflaged on or within another structure (such as chimney stack, church spire, light standard, monument, power line support device, or water tower), provided that the combined structure does not exceed in height the existing structure by more than 110%.
C. Antennas are accessory permitted uses in all districts if attached to an
existing building provided that it projects no more than six (6) feet from the façade of the wall of the building, does not extend over any public way, is designed so as to be architecturally consistent with the building or structure, and meets the standards of the district in which it is located, except that antennas mounted on roofs may exceed the maximum height requirements of the district by a maximum of twenty‐five (25) feet.
10.3 Special Exception Uses
Any placement of an antenna which requires the erection of a support structure or tower and/or an equipment building is a special exception use in all districts, except no ground mounted wireless communication facilities are allowed in the central business district, and subject to the considerations and procedures listed under special exceptions in this ordinance and in addition is subject to the following: A. It will constitute an unnecessary hardship for the applicant if the special
exception is denied, in that there are no existing or approved towers or other structures in the vicinity of the premises under consideration which would be suitable for the collection of the equipment that the applicant needs to locate in regard to the following factors: 1. Whether the needed equipment would exceed the structural capacity of
the existing or approved towers or structures; 2. Whether the towers or structures could be reinforced, modified, or
replaced to accommodate the needed or equivalent equipment at a cost not to exceed the erection of a new tower;
3. Whether the needed equipment would cause interference materially impacting the usability of existing or planned equipment at such existing or approved towers or structures and whether such interference could be prevented at a cost not to exceed the construction of a new tower; and
4. Whether the needed equipment could be accommodated on existing or approved towers or structures at a height necessary to function reasonably.
B. If the application is for a special exception use in a residential district or in
an area that will significantly alter a notable view of the community, has the applicant made a good faith effort to locate a suitable alternate location in a commercial or industrial district or in an area outside the jurisdiction of this ordinance.
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C. The Board may also consider the following in determining whether to grant the Special Exception permit: 1. Whether the facility offers opportunities for co‐location 2. Whether all applicable development standards are met 3. The previous or existing use of the site and the proposed use’ impact on
surrounding properties 4. Compatibility of the proposed use with existing neighboring uses 5. The extent to which granting the special exception would substantially
serve the public safety and welfare. 6. The particular physical suitability of the site 7. Whether conditions may be imposed by the Board or commitments
made by the applicant which are sufficient to mitigate any potential adverse impact on neighboring property
Time Limitations
Special Exceptions permits granted under these regulations are automatically renewable every five (5) years upon compliance with federal, state, and local health and safety regulations and the renewing application contains a certification by a professional engineer that the structure conforms to these regulations and poses no health or safety danger to the community due to defects or lack of maintenance.
10.4 Standards Maximum Height
A. The height of the facility is measured from the ground to the highest point of the structure including the antenna;
B. No antenna support structure shall exceed two hundred (270) feet in height. Antennas attached to existing buildings or structures not originally designated for this purpose may not cause the combined structure to exceed 110% of the original height of the structure;
C. Equipment buildings cannot exceed fifteen (15) feet in height
Setbacks
The setback line is measured from the structural component closest to the lot line – example, guyed towers are measured from the guyed anchorage. A. All attached Wireless Communication Service Facilities must comply with
the setback requirements in the district in which they are located (if in a PUD district, the setback required is that of the district which defines most of the uses within the PUD);
B. All non‐attached Wireless Communication Service Facilities must be setback as follows: 1. In all districts or in a district adjacent to a residential district or use the facility shall be set back the height of the tower plus 20 feet.
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C. All equipment enclosure buildings shall be set back according to the standards of the district in which it is located.
Fencing and Screening
All non‐attached communications facilities shall be enclosed in a security fence eight (8) feet in height. Fencing may be constructed of chain‐link, wrought iron, or other similar industry standard metal, plastic, or conventional wood privacy fence. No sheet metal fencing or chain‐link with plastic slats is permitted. The fencing must be screened by vegetation which provide year‐round screening and which will reach sufficient height and density to screen the lowest ten feet of the tower and equipment within three (3) years of installation of the facility. Existing vegetation (trees and shrubs) shall be preserved around the perimeter of the compound and on the rest of the parcel or lot to the maximum extent possible to preserve a natural visual buffer.
Lighting
Antennas and towers shall not be illuminated unless required by the FAA or other federal or state authority. Any other (non‐required) lighting shall be directed downward to illuminate the tower compound and installed to minimize the illumination of property outside the compound.
Signage
The use of any portion of a wireless communications service facility for signs other than warning or equipment signs is prohibited.
Access Drives
Facility compounds may be accessed by one driveway not to exceed 12’ in width and may be surfaced according to the standards of the relevant zoning district.
Aesthetics
A. The support structure and any antenna located on the support structure must be designed to blend in to the surrounding environment through the use of color and camouflaging architectural treatment. This requirement may be superseded by written requirements of federal or state agencies possessing jurisdiction over communication towers.
B. Any equipment building should be designed in an architectural style and use exterior building materials consistent with surrounding development.
Maintenance
Any owner of property used as a wireless communication facility site shall maintain such property and all structures in good condition and free from trash, outdoor storage, weeds, and other debris.
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Abandonment
Any wireless communication facility that has discontinued its service for a period of six (6) continuous months or more shall be removed in its entirety. Discontinued includes that the structure has not been properly maintained, has been abandoned, become obsolete, is unused or has ceased the daily activities or operations for which it had been installed.
10.5 Application Requirements
Each application for a communications facility shall be accompanied by the following documentation: A. Written approval or written statement of no objection from all relevant
federal and state agencies including, but not limited to: the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), the U.S. Environmental Protection Agency (EPA), and the Indiana Department of Environmental Management (IDEM).
B. An inventory of the provider’s existing facilities within the Sheridan planning jurisdiction and within the boundaries of Hamilton, Boone, Marion and Tipton Counties along with a statement describing any potential future facility locations. This inventory and statement should include specific information about the location, height, and design of each facility, including the feasibility of allowing other providers to co‐locate on the facility.
C. In the case of a new tower structure, evidence demonstrating that no
existing tower or structure can accommodate the applicant’s proposed antenna. Evidence may consist of the following: 1. There are no existing towers or structures meeting the applicant’s
engineering requirements within the geographic area the antenna is intended to serve and the applicant demonstrates that it has contacted the owners of nearby tall structures within a one (1) mile radius of the proposed site, asked for permission to install the necessary structure, and was denied or refused to accept for reasons other than economic. The Board of Zoning Appeals may deny the application to construct a new communications facility if the applicant cannot demonstrate it has made a good faith effort to co‐locate or mount the structure on an existing structure.
2. Existing towers or structures do not have sufficient height and/or structural strength to meet the applicant’s engineering requirements.
3. The fees, costs, or contractual provisions required by the owner in order for the applicant to co‐locate, or to adapt an existing tower to make it suitable for co‐location exceed the costs of a new tower.
4. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
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D. In the case of a new tower structure, a notarized letter of intent either:
1. Committing the antenna support structure owner or lessee, on behalf of themselves and their successors in interest, that the antenna support structure shall be shared with additional users (at least four) if the additional user(s) agrees to meet reasonable terms and conditions of shared use; or
2. Stating the reasons why the new structure cannot or will not be shared with additional users in the future.
E. Certification by a qualified and licensed professional engineer that the design of the antenna support structure conforms to the latest structural standards and wind loading requirements of the Uniform Building Code and Electronic Industry Association. Such certification must take into account any existing or proposed future users of the antenna support structure.
F. Commercial wireless communications service providers shall provide documentation that proposed communications facilities comply with the latest applicable Federal and State environmental, health, and safety standards, including those established by the Federal Communications Commission on Radio Frequency Emissions (RFE) and exposure thereto.
G. In the case of a new structure, or where an existing structure is being
enlarged in size, a visual impact analysis shall be prepared and certified by a qualified professional engineer, architect, or planner. The analysis should include the following information:
H. Identification of significant existing natural and manmade features adjacent
to the proposed tower location, indicating those features that provide buffering for adjacent properties and rights‐of‐way.
I. Identification of at least three (3) specific points within a 2,000 foot radius
of the proposed tower from which the line of sight analysis is presented. The exact number and location of these points shall be determine in coordination with staff prior to the preparation and completion of the analysis. The applicant shall then prepare a graphic illustration of the visual impact of the proposed tower, at a scale that does not exceed five (5) degrees of horizontal distance, presented from the specific points identified.
J. A statement as to the potential visual and aesthetic impacts of the proposed
tower on all adjacent properties.
K. A site plan drawn to a scale of 1” to 100 feet indicating the following where applicable
1. The total area of the site and the uses and zoning designations of
adjacent properties within five hundred (500) feet of the property. 2. All public and private rights‐of‐way and easements and whether they
are proposed to be relocated or abandoned. 3. Location of all existing buildings and structures.
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4. Proposed location of the tower and all support structures and appurtenances indicating all dimensions
5. All set back lines 6. Location, design, and composition of all proposed parking and loading
areas and entrances. 7. Storm water drainage plans 8. Any plans for illumination of the facility 9. Location of all proposed fences, vegetation screening, and walls. 10. An indication of the number of and location of any trees greater than
eight (8) inches in diameter proposed to be removed. 11. All existing and proposed utilities. 12. The schedule of any phasing of the project, if any. 13. Location and description of all proposed signs.
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SECTION 11 SIGN REGULATIONS
These regulations are established for all signs located on any premises as a reasonable and impartial means to permit adequate communication, to control confusing sign displays which present a hazard to pedestrians and motorists along streets and intersections, to ensure light, air, and open space, to protect the natural beauty and environment of the community, to safeguard and enhance property values, to protect public and private investments in buildings and open spaces, and to protect the public health, safety, and welfare.
11.1 Application
No sign shall be erected or altered except in conformance with this zoning ordinance. All signs to be erected either temporarily or permanently must have a permit issued by the Administrator in accordance with the adopted fee schedule.
11.2 Placement Prohibitions
The following prohibitions apply in all districts: A. No sign shall be erected or maintained in any form or at any location where
it may obstruct or in any way interfere with the view of or be confused with any approved traffic control device.
B. No sign may be placed in any public right‐of‐way except publically owned traffic‐control and transit signs.
C. No sign may be placed within twenty‐five (25) feet of any intersection as
measured from the angle of intersecting pavement at the back of the curb.
D. No sign except marquees, either freestanding or mounted on a building shall project twelve (12) inches from the face of the building, except in the Central Business District.
E. No sign shall be mounted on a roof or extend above the eave or parapet of
a building wall.
F. No sign shall be affixed to trees, fence posts, or utility poles.
G. Off‐premise signs are prohibited in all district except for temporary political campaign signs.
11.3 General Sign Regulations All signs shall conform to the following regulations:
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Illumination
A. Illuminated signs are permitted; however, signs which direct attention through the use of flashing, intermittent, or strobe effects are prohibited. Time and temperature signs which change illumination are allowed.
B. The source of light for any sign should not be directed into any residential
area or toward any oncoming traffic.
C. No illuminated sign may be located closer than twenty‐five (25) feet to any residential district.
Temporary and Portable Signs
A. Temporary or portable business or product‐for‐sale signs or devices consisting of a series of banners, streamers, pennants, balloons, propellers, strung light bulbs, or similar devices are prohibited.
B. New businesses, seasonal businesses, grand openings, or special events may display signs prohibited in section above for an initial period of fifteen (15) days after having applied for and received a permit. This permit may be renewed for an additional fifteen (15) days. Any business shall be limited to two such permits per year.
C. Portable signs, after the implementation of this ordinance, whether
illuminated or not illuminated, and which are transportable on trailers or by vehicle, are prohibited in all districts.
D. Garage sale signs may not exceed four (4) square feet and may be displayed
no more than five (5) days and may be placed only on the premises where the garage sale is to be held.
E. Pre‐existing portable signs may be continued with the permission of the
Town Council. Moving Signs
All signs which move by mechanical means or by movement of air except for public information signs are prohibited in all districts.
Maintenance
All signs must be kept clean, neatly painted, and free from all hazards, such as but not limited to, faulty wiring and loose fastenings, and must be maintained at all times in a safe condition.
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11.4 Size Allocations of Permitted Signs
Location, size, and variety of all signs existing upon a zoning lot are included in the total sign allocation. The area of signs is calculated using the smallest regular geometric figure needed to circumscribe the sign.
Maximum and Minimum Sizes
Notwithstanding other provisions of these regulations, no premises within any commercial or industrial district may be permitted to display more than a total of six hundred (600) square feet of sign, including free standing and building signs, except as provided for shopping centers in this section.
Commercial and Industrial Districts, except the Central Business District
Total allocation area: Total sign allocation area is 1.6 square foot of sign area for each linear foot of building fronting on a publically maintained right‐of‐way or .8 square feet of sign area for each linear foot of property fronting on a public street whichever is greater. Ground mounted signs: One (1) ground sign is allowed for each street frontage. Maximum permitt4ed square footage of sign surface is sixty (60) square feet each side for a double‐faced sign of more than 10 feet in height, and seventy‐two (72) square feet for a ground sign of ten feet or less in height. Pole signs: On any property which has frontage on an arterial or primary collector street, one (1) pole sign is permitted for each street frontage, but only if no ground sign is erected for that street frontage. Maximum permitted square footage of sign surface is sixty (60) square feet each side.
Central Business District
One (1) square foot of sign for each twenty (20) square feet of building face fronting on a public street or for each one (1) linear foot of property fronting on a publically maintained right‐of‐way, whichever is greater.
Residential Districts
No signs may be erected in any residential district except for the following: A. Residential or subdivision signs limited to sixty‐four (64) square feet are
permitted at the entrance to these areas.
B. Home occupation signs shall be limited to one sign of a maximum size of two (2) square feet and attached to the wall of the building.
11.5 Height and Setback Requirements
A. No sign may exceed twenty‐five (25) feet in height measured from the base of the sign or sign supporting structure or from the crown of the road directly in front of the sign, whichever is higher.
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B. Signs within ten (10) feet of the public right‐of‐way must be at least nine (9) feet above the ground such that vision beneath the sign must be clear except for the supporting structure.
C. All signs shall conform to the side and rear yard requirements for buildings if placed in these areas.
D. Signs other than pole signs shall have a minimum public right‐of‐way
setback of ten feet less than the required building setback, but not less than 10 feet from the property line.
E. Pole signs have no required setback except that no portion of the sign may
extend above the public right‐of‐way and may not be located within the twenty‐five (25) feet sight triangle of intersections, except in the Central Business District.
11.6 Special Regulations in any District
A. Political signs and signs offering the property on which they are located for sale, lease, or rent may not exceed twenty‐five (25) square feet and must be removed within seven (7) days of the event. These signs may not be placed in the public right‐of‐way.
B. Promotion of commercial properties or subdivisions is permitted but no sign may exceed sixty‐four (64) square feet of sign surface.
C. Construction signs are permitted for the duration of the construction and
may not exceed twenty‐four (24) square feet.
D. One public information sign per event is permitted and may not exceed twenty‐four (24) square feet in surface area and may be erected thirty (30) days prior to the event and must be removed within seven (7) days following the event.
E. Direction signs not exceeding four (4) square feet per sign are permitted.
11.7 Shopping Center or Office Park Signs
Regardless of the district in which it is located, the following regulations apply to property developed or occupied by a shopping center or office park. A. Signs for individual stores or business establishments within the center or
park must be located on the front wall of the building and are limited to 1.6 square feet of sign area for each one linear foot of space frontage.
B. Independently placed buildings or buildings with corner locations are limited on each side or rear wall to one‐half of the sign area permitted on the front wall, or to 1.2 square feet of sign area for each linear foot of building on the side or rear of the building, whichever is less.
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C. In addition to signs permitted for individual establishments within a center
or park, general signs bearing the name of the commercial or business development are permitted on the basis of one sign for each 50,000 square feet of gross building floor area within the development. However, each development is limited to four of these signs. These signs are limited to the name of the development, but may include additional signs not exceeding thirty‐six (36) square feet for each individual business as part of the main sign. The total area of each combined sign may not exceed two hundred and forty (24) square feet in area or one hundred and twenty (12) square feet per side of a double‐sided sign.
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SECTION 12 ADDITIONAL PARKING AND LOADING REQUIREMENTS 12.1 Off‐Street Parking Requirements
Adequate parking is necessary to protect the public safety. Adequate parking is a function of the use of the land and is determined to meet the owner/occupier’s needs and that of the public where relevant. Minimum parking requirements shall adequately provide for the type and intensity of the use of the land. The following regulations establish requirements for computing spaces, the location of spaces and minimum improvements. In computing the number of required off‐street parking spaces the following rules shall apply: A. Floor area shall mean the gross floor area of the specific use, excluding any
floor or portion thereof used for parking, as herein define.
B. Where fractional spaces result, the parking spaces required shall be the nearest whole number.
C. In the case of mixed uses, the parking spaces required shall equal the sum of
the requirements of the various uses computed separately.
D. The parking space requirements for a use not specifically listed in the chart shall be the same as for a listed use of similar characteristics of parking demand generation.
E. Whenever a building or use is reconstructed or is enlarged to the extent of
twenty percent (20%) or more in gross floor area, said building or use in its entirety shall then and thereafter comply with the parking requirements set forth herein.
Any enlargement or change in use of less than twenty percent (20%) of the gross floor area shall be provided with additional parking based on the requirement for the enlargement or change.
12.2 Location of Required Parking Spaces
All parking spaces required herein shall be located as follows: A. The parking spaced required for residential buildings or uses shall be located
on the same lot with the building or use served.
B. The parking spaces required for any other building or use may be located on an area within three hundred (300) feet of said building and two or more owners of buildings may join together in providing the required parking spaces. Where the required parking spaces are not located on the same lot with the building or use served, the usage of the lot or tract upon which said parking spaces are provided shall be restrict4ed by an instrument of record
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describing the premises for which said parking is provided and assuring the retention of such parking so long as required by this Ordinance.
C. Parking spaces in any Business, Industrial or Manufacturing District shall not
be located closer than five (5) feet to any lot or parcel located in a residential district or used for residential purposes.
D. Parking spaces may be located on any part of a lot, unless otherwise
specified herein. Parking spaces shall not be located in any required greenbelt or lawn area.
12.3 Commercial, Industrial, Manufacturing, Institutional and Multiple Family
Residential Parking Facilities.
A. Commercial parking lots and parking lots for business, industrial, manufacturing, and multi‐family concerns shall be paved with a dustless, hard surface. All parking lots, garages and structures shall conform with the current standards for the Town of Sheridan.
B. All parking lots for commercial, industrial, manufacturing, institutional and multiple family residential uses shall be curbed. All parking lots shall be designed to provide adequate storm water drainage, including onsite detention capabilities. Traffic control in all parking lots shall be by means of curbed traffic islands. Design of the above requirements shall conform with the current standards of the Town of Sheridan.
C. A shelter for the use of a parking lot attendant may be maintained on the
lot. 12.4 Additional Off‐Street Loading Requirements
In all cases where the off‐street loading space is located in a manner that a truck must back directly from a major street into a loading space, a maneuvering space of not less than fifty (50) feet in depth shall be provided on the lot on which the commercial, industrial or manufacturing use is located.
12.5 Amount of Parking Spaces Required
Off‐street parking spaces shall be provided and maintained for all uses in accordance with the following minimum requirements:
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Use Parking Requirements
Amusement Arcade One space per 300 sq. ft. of floor area
Antique Shop One space per 300 sq. ft. of floor area
Apparel Shop One space per 300 sq. ft. of floor area
Art Gallery One space per 300 sq. ft. of floor area
Art and Music Center One space per 300 sq. ft. of floor area
Artificial Lake or Pond (not part of a plat) None
Auction Room One space per 300 sq. ft. of floor area
Auto Parts and Tire Center One space per 300 sq. ft. of floor area
Automobile or Mobile Home Sales One space per 300 sq. ft. or indoor area plus one space per 2,000 sq. ft. of outdoor sales area
Automobile Service Station One space per pump plus one space per service bay
Automobile or Truck Repair (enclosed) Two spaces per service bay
Bakery One space per 200 sq. ft. of floor area
Barber Shop One space per 300 sq. ft. of floor area
Beauty Shop One space per 300 sq. ft. of floor area
Bicycle Shop One space per 300 sq. ft. of floor area
Billiard Parlor One space per 300 sq. ft. of floor area
Boarding or Lodging House One space per bed
Boat Sales One space per 300 sq. ft. of indoor area plus one space per 2,000 sq. ft. of outdoor sales area
Book Store One space per 300 sq. ft. of floor area
Bowling Alley Five spaces per alley
Business or Commercial School Ten spaces per classroom
Business and Electronic Machines and Equipment Sales One space per 300 sq. ft. of floor area
Camera Shop One space per 300 sq. ft. of floor area
Candy or Ice Cream Shop One space per 200 sq. ft. of floor area
Carnivals, Fairs, Circuses, Etc. Fifty spaces per acre
Carpet and Rug Store One space per 300 sq. ft. of floor area
Car Wash (self‐serve or automatic) Ten spaces per washing bay
Catering Establishment One space per 200 sq. ft. of floor area
Cemetery One space per acre
China or Glassware Shop One space per 300 sq. ft. of floor area
Church, Temple or Other Place of Worship One space per 4 seats in the main place of asssembly
Clinic or Medical health Center One space per 300 sq. ft. of floor area
Coin or Philatelic Store One space per 300 sq. ft. of floor area
Cold Storage Locker One space per 300 sq. ft. of floor area
College or University Ten spaces per classroom
Commercial Greenhouse One space per 1,000 sq. ft. of floor area
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Commercial Parking Lot One additional space per employee
Commercial Recreational Enterprise or Facility
One space per 200 sq. ft. of interior area plus one space per 5,000 sq. ft. of outdoor area
Commercial Sanitary Landfill or Refuse Dump One space per employee plus one space per four acres
Commercial Sewage, Trash or Garbage Disposal or Recycling Plant One space per employee
Commercial Uses (Retail and Office) One space per 200 sq. ft. of floor area
Commercial Warehouse Storage One space per 500 sq. ft. of interior area plus space per 1,500 sq. ft. of outdoor storage area
Contractor's Storage Facility One space per 300 sq. ft. of floor area
Country Club One space per 200 sq. ft. of floor area
Craft and Hobby Shop One space per 300 sq. ft. of floor area
Dance Hall One space per 200 sq. ft. of floor area
Dancing Academy One space per 200 sq. ft. of floor area
Day Nursery One space per employee plus one space per six students
Delicatessen One space per 200 sq. ft. of floor area
Department Store One space per 300 sq. ft. of floor area
Discount Store One space per 300 sq. ft. of floor area
Dressmaking Shop One space per 300 sq. ft. of floor area
Drive‐In Restaurant (curb or window service) One space per 50 sq. ft. of floor area
Drug Store One space per 300 sq. ft. of floor area
Dry Cleaning and Laundry (pick‐up and delivery only) One space per 300 sq. ft. of floor area
Dry Cleaning Establishment One space per 300 sq. ft. of floor area
Duplicating and Blueprint Establishment One space per 300 sq. ft. of floor area
Electrical Appliance Shop One space per 300 sq. ft. of floor area
Enclosed Storage Warehouse One space per 300 sq. ft. of floor area
Exterminating Shop One space per 300 sq. ft. of floor area
Farm Implement Sales One space per 300 sq. ft. of indoor area plus one space per 2,000 sq. ft. of outdoor sales area
Feed Store One space per 300 sq. ft. of floor area
Financial Institution One space per 300 sq. ft. of floor area
Flower Shop One space per 300 sq. ft. of floor area
Food Products Distributing Station One space per 300 sq. ft. of floor area
Fraternity or Sorority One space per bed
Fuel or Ice Sales One space per 300 sq. ft. of floor area
Furniture Store One space per 300 sq. ft. of floor area
Furrier Shop One space per 300 sq. ft. of floor area
Garden Shop One space per 300 sq. ft. of interior area plus one space per 500 sq. ft. of outdoor sales area
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General Offices One space per 300 sq. ft. of floor area
Gift Shop One space per 300 sq. ft. of floor area
Golf Course Six spaces per hole
Governmental Facilities
One space per 300 sq. ft. of floor area or (option) one space per 500 sq. ft. of floor area and one reserved space per 500 sq. ft. of floor area, plus sufficient space to accommodate all trucks or other vehicles used in connection therewith
Grain Elevator One space per 300 sq. ft. of floor area plus one space per elevator
Grocery Store One space per 200 sq. ft. of floor area
Sunsmith One space per 300 sq. ft. of floor area
Haberdashery One space per 300 sq. ft. of floor area
Hardware Store One space per 300 sq. ft. of floor area
Health Food Store One space per 300 sq. ft. of floor area
Health Studio One space per 300 sq. ft. of floor area
Heliport or Other Aircraft Landing Facilities
One space per employee plus adequate additional spaces related to terminal use as approved by the Board
Home Occupation One additional space per 200 sq. ft. of dwelling devoted to home occupation
Hospital One space per bed plus one space per employee
Hotel, Motel One space per room or suite
Indoor Theater One space per two seats
Industrial Establishments, Light or Heavy
Two spaces per three employees or one space per 300 sq. ft. of floor area, whichever is greater, plus sufficient space to accommodate all trucks or other vehicles used in connection therewith
Insurance Office One space per 300 sq. ft. of floor area
Interior Decorating Shop One space per 300 sq. ft. of floor area
Jewelry Store One space per 300 sq. ft. of floor area
Job Printing Shop One space per 300 sq. ft. of floor area
Junk or Material and/or Salvage Yard One space per employee
Kennel, Commercial Four spaces
Kennel, Residential (no additional requirements)
Kindergarten One space per employee plus one space per six students
Laundry Agency One space per 300 sq. ft. of floor area
Laundry or Dry Cleaning Plant One space per 300 sq. ft. of floor area
Leather and Luggage Shop One space per 300 sq. ft. of floor area
License Bureau One space per 300 sq. ft. of floor area
Locksmith or Key Shop One space per 300 sq. ft. of floor area
Lumber or Building Materials Sales (enclosed) One space per 300 sq. ft. of floor area
Lumber of Building Materials Storage (unenclosed)
One space per 300 sq. ft. of interior area plus one space per 500 sq. ft. of exterior area
Machinery and Equipment Sales and Services (enclosed) One space per 300 sq. ft. of floor area
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Machine Shop One space per 300 sq. ft. of floor area
Manufacturing Facilities
Two spaces per three employees or one space per 500 sq. ft. of floor area, whichever is greater, plus sufficient space to accommodate all trucks or other vehicles used in connection therewith
Meat Market One space per 500 sq. ft. of floor area
Medical Buildings One space per 250 sq. ft. of floor area
Medical/Optical Laboratory One space per 300 sq. ft. of floor area
Meeting or Party Hall One space per 200 sq. ft. of floor area
Millinery Shop One space per 300 sq. ft. of floor area
Mineral Extractionj, Borrow Pit, Top Soil Removal and their Storage One space per employee
Mobile Home, Temporary Uses (one year maximum) (depends upon proposed use)
Mobile Home Court Two spaces per mobile home
Monument Sales One space per 300 sq. ft. of floor area
Mortuary and/or Crematory One space per 50 sq. ft. of public floor area
Motor Bus or Railroad Passenger Station One space per employee plus two spaces per seat in waiting area
Multiple‐Family Dwelling Two spaces per dwelling unit
Newsdealer One space per 300 sq. ft. of floor area
Newspaper Publishing or Printing Plant One space per 300 sq. ft. of floor area
Nursing, Retirement or Convalescent Facility One space per bed plus one space per employee
Office Building One space per 300 sq. ft. of floor area
Office Supply Store One space per 300 sq. ft. of floor area
Office Uses not related to Permitted Manufacturing or other Uses
One space per employee plus one space per 200 sq. ft. of sales floor area
Open Hearth and Blast Furnace, Coke Oversn, Brick Yards and Kilns One space per employee
Optician and Optical Supply One space per 300 sq. ft. of floor area
Orthopedic and Medical Appliance and Supply Sales One space per 300 sq. ft. of floor area
Outdoor Theater One additional space per employee
Paint and Wallpaper Store One space per 300 sq. ft. of floor area
Pawnshop One space per 300 sq. ft. of floor area
Penal or Correctional Institution One space per employee plus one space per five inmates
Pet Shop One space per 300 sq. ft. of floor area
Photographic Studio One space per 300 sq. ft. of floor area
Photo Pick‐up Station (drive‐through type) Two spaces
Picture Framing Shop One space per 300 sq. ft. of floor area
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Plant Nursery One space per 300 sq. ft. of indoor area plus one space per acre
Plumbing Supply Shop One space per 300 sq. ft. of floor area
Post Office or Postal Station One space per official vehicle plus one space per employee plus one space per 500 sq. ft. of floor area
Power Generating Plant One space per employee
Printing Shop One space per 300 sq. ft. of floor area
Private Airplane or Helicopter Landing and/or Service Facility One space per aircraft plus one space per employee
Private Club or Lodge One space per 200 sq. ft. of floor area plus one space per two seats (seating capacity) in main place of assembly
Private Recreational Development or Facility
One space per 200 sq. ft. of interior area plus one space per 5,000 sq. ft. of outdoor area
Private Water Treatment and/or Storage Facilities One space per employee
Professional Office One space per 300 sq. ft. of floor area
Race Track Eighty spacer per acre
Radio and/or Television Sales Studio One space per 300 sq. ft. of floor area
Radio or Television Transmission Tower One space per employee
Raising and Breeding of Non‐Farm Fowl and Animals None
Real Estate Office One space per 300 sq. ft. of floor area
Recording Studio One space per 300 sq. ft. of floor area
Record Shop One space per 300 sq. ft. of floor area
Recreational Uses, Related to Residential Character of District
One space per 200 sq. ft. of floor ara or enclosed area and one space per 5,000 sq. ft. of outdoor area
Recreational Vehicle Sales One space per 300 sq. ft. of indoor area plus one space per 2,000 sq. ft. of outdoor sales area
Reducing Salon One space per 300 sq. ft. of floor area
Religious or Charitable Institution One space per 300 sq. ft. of floor area
Rental Agency One space per 300 sq. ft. of floor area plus one space per 1,000 sq. ft. of outside display and storage area
Research Laboratory One space per 300 sq. ft. of floor area
Restaurant or Fast Food Operation (no outside service)
One space per every 2.5 patron seats, plus one space per employee per largest shift
Retail Sales and Service of Products not Manufactured and/or Assembled on Site
One space per employee plus one space per 200 sq. ft. of sales floor area
Riding Stable One space per stall
Roadside Sales Stand Ten spaces
School of General Elementary or Secondary Education (accredited by the State)
One space per employee plus two spaces per classroom (elementary) or ten spaces per classroom (secondary)
Second Hand Store One space per 300 sq. ft. of floor area
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Self‐Service Laundry One space per 200 sq. ft. of floor area
Sheet Metal Shop One space per 300 sq. ft. of floor area
Shoe Repair Shop One space per 300 sq. ft. of floor area
Shoe Store One space per 300 sq. ft. of floor area
Shooting Gallery One space per 300 sq. ft. of floor area
Showroom, for Articles to be Sold at Retail One space per 300 sq. ft. of floor area
Sign Shop One space per 300 sq. ft. of floor area
Single‐Family Dwelling Two spaces per dwelling unit
Skating Rink One space per 200 sq. ft. of floor area
Specialized Contractor Shop One space per 200 sq. ft. of floor area
Sporting Goods Store One space per 200 sq. ft. of floor area
Stadium or Coliseum One space per four seats
Stationer One space per 300 sq. ft. of floor area
Storage, Utilization or Manufacture of Explosive Materials (does not include petroleum products) One space per employee
Storage, Utilization or Manufacture of Flammable Liquids or Gases other than those used by the Manufacturing Establishments in their operations activities One space per employee
Storage of Material not Manufactured or Assembled On‐site One space per employee
Supermarket One space per 200 sq. ft. of floor area
Tailor and Pressing Shop One space per 300 sq. ft. of floor area
Tavern or Night Club One space per 100 sq. ft. of floor area
Taxidermist One space per 300 sq. ft. of floor area
Tennis or Racquetball Facility Two spaces per court
Tobacco Shop One space per 300 sq. ft. of floor area
Toy Shop One space per 300 sq. ft. of floor area
Transportation Facilities One space per employee
Travel Service Bureau One space per 300 sq. ft. of floor area
Trucking Terminals One space per employee plus adequate additional spaces related to terminal use as approved by the Board
Two‐Family Dwelling Two spaces per dwelling unit
Upholstery and/or Drapery Shop One space per 300 sq. ft. of floor area
Utility Company Business Office One space per 300 sq. ft. of floor area
Variety Store One space per 300 sq. ft. of floor area
Veterinary Hospital, with Kennel One space per 300 sq. ft. of floor area
Veterinary Hospital, without Kennel One space per 300 sq. ft. of floor area
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Warehouse Facilities One space per employee
Water Management and Use Facilities None
Welding Shop One space per 300 sq. ft. of floor area
Wholesale Establishment One space per 300 sq. ft. of floor area
Wholesale Sales One space per employee plus one space per 600 sq. ft. of sales floor area
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SECTION 13 OUTDOOR STORAGE
A. No portion of any required yard shall be used for the permanent storage of motor vehicles, trailers, airplanes, boats, or parts thereof, rubbish, garbage, junk, tent or building materials, except during construction and in accordance with the terms of this Code.
B. Permanent storage for purpose of this subsection shall be construed as the presence of such storage for a period of forty‐eight (48) or more consecutive hours in any one week period.
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SECTION 14 VISION CLEARANCE AT INTERSECTIONS
A. In all Districts, except the Central Business District, a triangular space at the Street corner of a Corner Lot shall be maintained free from any kind of obstruction to vision between the heights of three (3) and twelve (12) feet above the established Street grade. The Street grade is measured at the intersection of the center lines of the intersecting street pavements, and the triangular space is determined by a diagonal line connection two points measured fifteen (15) feet along each of the Street property lines equidistant from the intersection of the property lines or the property lines extended, at the corner of the Lot.
B. In the case of a rounded property corner, said triangular area shall be measured from the intersection of the street right‐of‐way lines extended.
C. In addition, the above vision sight lines shall apply to any Lot within ten (10)
feet from the intersection of a street right‐of‐way line with the edge of a driveway pavement or alley line. No driveway shall be located within forty (40) feet of the intersection of two street lines.
D. The above provisions shall not apply to official warning signs or signals
necessary to the public safety.
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SECTION 15 ADDITIONAL LANDSCAPING, BUFFERING, STORAGE REQUIREMENTS 15.1 Landscaping Requirements for the Commercial and Industrial Districts
Any commercial or industrial use on a lot of at least one‐half (1/2) acre in area shall include the following landscaping and buffering on the development plan documents: A greenbelt or lawn area at least twenty (20) feet in width and abutting the property line on the lot shall be provided on the particular side(s) or rear of a lot adjoining land being used for residential purposes. A planting screen, consisting of suitable shrubbery shall be provided and maintained within such greenbelt or lawn area so as to provide a tight screen, effective at all times of the year. The locations and name (s) of the shrubbery planting shall be indicated on the development plan or on a separate landscape plan which shall become a part of the application. The shrubbery may be planted informally or in a row and may include several varieties and sizes provided that the Board shall be satisfied that the shrubbery will screen any parking areas and expected ground activity from the view of said abutting property, and also that vision clearance at access points shall be provided for safety purposes.
15.2 Landscaping Requirements for Residential Screening
A. Open fences, latticework, screens, hedges or walls not more than seven (7) feet in height may be located in the required Side or Rear Yard, and a hedge, open fence, or wall maintained so as not to exceed three (3) feet in height may be located in any Front Yard; provided that no such structure shall be located closer than three (3) feet to any Street or Alley.
B. Private swimming pools shall be surrounded by a fence at least five (5) feet in height and maintained so as to prevent access to children or animals.
C. Trees, shrubs, flowers, or plants shall be permitted and any required Front,
Side, or Rear Yard, except that Vision Clearance on Corner Lots shall be provided when required.
D. Nothing contained in this subsection shall be deemed to prohibit the
erection or maintenance of an open fence in connection with agricultural use, recreation use or the public safety, or a security fence in non‐residential districts.
15.3 Landscaping Requirements for a Shopping Center
A. A plan of landscape development which shall include, among other considerations, a planting screen, to be planted and maintained wherever the proposed Center would abut residential use, and also between the Street (s) and parking Areas and service areas.
B. No buildings or paved areas (other than access drives) may be located closer than fifty (50) feet to any area used or zoned for residential purposes, in order to create a greenbelt, and such greenbelt shall be maintained as lawn
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together with appropriate landscape development and screen planting hereinbefore specified.
15.4 Landscaping Requirements for Mobile Home Park Areas
A planting screen shall be provided along the side (s) and rear of a Mobile Home Park; provided that the Board may waive this requirement temporarily or permanently if adequate plants already exist in the proximity, or if the topography or other conditions warrant. A basket weave or similar type fence or a brick or stone wall may be permitted by the board in lieu of a planting screen. Whenever a Mobile Home Park is bounded by more than one street, a planting screen shall be provided along such additional street (s).
15.5 Landscaping for Drive‐In Type of Business or Open‐Air Business
Any establishment where the principal use is the drive‐in type of business, or is generally characterized by open‐air business operations, shall be subject to the following standards: A. A decorative fence or wall of not less than five (5) feet in height shall be
constructed and maintained along the side and rear lot lines. Where such use abuts a residential use, a buffer landscape strip at least twenty (20) feet in width shall be provided and maintained along the side and rear lot lines; within which buffer, a landscape screen shall be provided not less than six (6) feet in height.
B. Such business uses shall be limited the characteristics customarily associated with such use and no other.
15.6 Landscaping for Apartments, Condominiums, and any residential use of more
than two units per lot.
A. Any open‐air street parking area and Service Facility area shall be suitably screened with shrubbery or trees along all streets and adjoining or adjacent property lines on the lot. The locations and names of the shrubbery planting shall be indicated on the development plan or on a separate landscape plan which shall become a part of the application. The shrubbery may be planted informally or in a row and may include several varieties and sizes proved that the Board shall be satisfied that said shrubbery will screen any parking area and expected ground activity from the view of abutting or opposite properties, and also that vision clearance at access points will be provided for safety purposes.
15.7 Landscaping for Airport
A. A six (6) foot wire mesh fence is required where the public may have access to the airport.
B. A six (6) foot height by six (6) feet width tight plant screen is required where there is abutting residential use. This screen must be tight throughout the year.
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15.8 Landscaping for Artificial Lake of Three or More Acres
A six (6) foot wire mesh fence is required where the public may have access to the lake.
15.9 Landscaping for Cemetery
A. Plan of landscape development to be submitted with application. (May be combined with Development Plan)
B. A six (6) foot height by six (6) foot width plant screen is required where there is abutting residential use. This screen must be in place throughout the year.
15.10 Landscaping for Filling Station, Automobile Car Wash, and Roadside
Restaurant Located on Arterial Thoroughfare
A. Plan of landscape development to be submitted with application. (May be combined with Development Plan).
B. A four (4) foot wire mesh fence is required where there is abutting residential use.
C. A six (6) foot height by six (6) feet width tight plant screen is required where
there is abutting residential use. This screen must be tight throughout the year.
15.11 Landscaping for Heliport
A four (4) foot wire mesh fence is required where there is abutting residential use.
15.12 Landscaping for Junk Yard, Refuse Transfer Station
Solid wall or solid painted eight (8) foot high fence except along railroad right‐of‐way or eight (8) foot wire mesh fence covered and maintained with thick ivy growth.
15.13 Landscaping for Nursing Home or Home for Aged
A. Plan of landscape development to be submitted with application. (May be combined with Development Plan.)
B. A six (6) foot height by six (6) feet width tight plant screen is required where
there is abutting residential use. This screen must be tight throughout the year.
15.14 Landscaping for Nursing Home Conversion
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A. Plan of landscape development to be submitted with application. (May be combined with Development Plan.)
B. A six (6) foot height by six (6) feet width tight plant screen is required where there is abutting residential use. This screen must be tight throughout the year.
15.15 Landscaping for Outdoor Commercial Enterprise
A. Plan of landscape development to be submitted with application. (May be combined with Development Plan.)
B. A six (6) foot height by six (6) feet width tight plant screen is required where there is abutting residential use. This screen must be tight throughout the year.
C. A six (6) foot wire mesh fence is required in areas in which the public may
have access. 15.16 Landscaping for Outdoor Theaters A four (4) foot wire mesh fence is required in areas of abutting Residential Use. 15.17 Landscaping for Penal or Correctional Institutions
An eight (8) foot wire mesh fence covered and maintained with thick ivy growth is required.
15.18 Landscaping for Private Recreational Development
A. Plan of landscape development to be submitted with application. (May be combined with Development Plan.)
B. A six (6) foot height by six (6) feet width tight plan screen is required where there is abutting residential use. This screen must be tight throughout the year.
15.19 Landscaping for Private School, including Kindergarten or Day Nursery A four (4) foot wire mesh fence is required around the play area. 15.20 Landscaping for Produce Terminal Wholesale or Truck Freight Terminal
A six (6) foot height by six (6) feet width tight plan screen is required where there is abutting residential use. This screen must be tight throughout the year.
15.21 Landscaping for Professional Office Center
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A. Plan of landscape development to be submitted with application. (May be combined with Development Plan.)
B. A six (6) foot height by six (6) feet width tight plant screen is required where there is abutting residential use. This screen must be tight throughout the year.
15.22 Landscaping for Public or Commercial Sanitary Fill A four (4) wire mesh fence is required where there is abutting Residential use. 15.23 Landscaping for Public Park or Public Recreational Facility
Plan of landscape development to be submitted with application. (May be combined with Development Plan.)
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Section 16 of the Combined Zoning, Subdivision and Development Ordinance of
Sheridan is added, to read, as follows:
SECTION 16 KENNELS, ABANDONED VEHICLES AND TOWING
16.1 A commercial kennel
As defined by this ordinance shall not be a permitted use in any property
located in the R‐1 or R‐2 Districts as described in this zoning ordinance, and the
zone maps that are a part of this ordinance.
16.2 Confinement area of animals
Livestock shall be kept within a fenced area. No livestock may be kept on a
parcel of ground less than 2.5 acres in size. The administrator may determine
the classification, large, medium, small or very small animals for animals not
listed in this ordinance.
16.3 Large Animals
Large animals shall be kept in fenced areas containing at least one (1) acre per
animal.
16.4 Medium Animals
Medium animals shall be kept in fenced areas containing at least three (3)
quarters acre per animal.
16.5 Small Animals
Small animals shall be kept in fenced areas containing at least one‐half of an
acre per animal.
16.6 Very Small Animals
Very small animals shall be kept in fenced areas containing at least one‐
twentieth of an acre per animal.
16.7 Leaving Abandoned Vehicle Prohibited
It shall be an ordinance violation for any person to leave an abandoned vehicle
anywhere within the areas of the Zoning District described in IC 9‐13‐2‐1 for
more than 72 hours after the time it is first declared abandoned and tagged as
provided in subsection 16.9.
16.8 Leaving Junk Vehicle in Open View
It shall be an ordinance violation for any person to leave a junk vehicle parked
on any public property, except temporarily due to mechanical failure while
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driving the vehicle or to leave a junk vehicle on private property other than in an
enclosed building or other area screened from public view for any continuous
period longer than fourteen (14) days.
16.9 Abatement of Junk Vehicle Violation
A. Any junk vehicle left on public property in violation of subsection 16.8 of
this ordinance shall be deemed prima facie an abandoned vehicle as
provided by IC 9‐13‐2‐1 and shall be abated in accordance with subsection
16.10 of this ordinance.
B. Any junk vehicle left on private property may be abated after notice as set
forth in this section in accordance with IC 36‐1‐6‐2 and the owner of the
property shall be liable for all costs of that abatement in addition to any
penal fines which may be incurred under subsection 1.11 or 29.11 of this
ordinance. Prior to any initiation of an action to abate or the filing of a
violation, an officer who has cause to believe that a junk vehicle is
improperly left on private property shall attach a tag to that vehicle and
shall notify the owner of the property in writing of the violation. If the junk
vehicle is not removed from the private or is not moved into an enclosed
building or other area screened from public view within 72 hours of the tag
or notice, then the officer may cause the junk vehicle to be removed and
stored by a towing service with which the town has a contract under
subsection 16.11 of this ordinance and/or file a violation in the appropriate
court.
C. An officer shall have the right, pursuant to this section, to enter persons’
private property to attach a tag to any vehicle which is in violation of
subsection 16.8 of this ordinance. Further, any officer or member of an
appropriate towing service may enter upon private property to remove and
store any vehicle which is in violation of 31.8 of this ordinance and pursuant
to subsection 16.9 (B) of this ordinance.
TOWING
16.10 Enforcement; Towing and Storage
Any police officer who has probably cause to believe a vehicle is abandoned
shall attached a tag that vehicle of a type and in the manner prescribed by IC 9‐
22‐1‐11. If the vehicle then is not removed within 72 hours, the officer shall
cause the same to be removed in accordance with IC 9‐22‐1‐11 and shall notify
the Bureau of Motor Vehicles in accordance with IC 9‐22‐1‐19; provided, that
notwithstanding any provision of IC 9‐22‐1‐1 seq., nor the officer’s estimated
value of the vehicle, the same shall be towed and safely stored and regular
notice shall be given to the Bureau of Motor Vehicles in the same manner as
with any other vehicle. The officer shall cause the vehicle to be removed and
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stored by a towing service with which the town has a contract pursuant to
subsection 16.11 of this ordinance.
16.11 Towing Costs
On or before December 31 of each year, the Town Council shall enter into a
contract with one or more vehicle towing and storage services for the removal
and storage of abandoned vehicles in the Zoning District. The contract shall
stipulate a schedule of costs and charges to apply under the contract and a copy
thereof shall be filed with the Bureau of Motor Vehicles in accordance with IC 9‐
22‐1‐30. The owner of the vehicle shall be liable for paying all such costs to the
vehicle towing and storage service upon and as a condition of reclaiming the
vehicle, or in default thereof the costs shall be the liability of the Bureau of
Motor Vehicles from the state Abandoned Vehicle Account and not a liability of
the town.
Adopted this twenty‐seventh day of May, 2003 by the Sheridan Town Council
SHERIDAN TOWN COUNCIL
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SECTION 17 WELLHEAD PROTECTION AREAS
17.1 Introduction
In response to requirements set forth in the 1986 Federal Clean Water Act, the
Indiana Wellhead Protection Rule, 327 IAC 8‐4.1, was signed into law on March
28, 1997. The Rule established requirements for the development of a
Wellhead Protection Plan by all community Public Water Supply Systems
located in the state. The program, regulated by the Indiana Department of
Environmental Management (IDEM), recognizes that groundwater quality can
be threatened by specific land uses and activities that occur in areas adjacent to
Public Water Supply System production wells. The Town of Sheridan developed
a Wellhead Protection Plan (approved by IDEM in January 2002) that delineated
the Town’s Wellhead Protection Areas and established management strategies
that focus on education and prevention as a means to protect the community’s
drinking water quality.
Wellhead Protection Areas are the surface and subsurface areas that contribute
water to a Community Public Water Supply System production well and through
which contaminants are likely to move through and reach the well within a one
or five‐year time of travel. Wellhead Protection areas are shown as an overlay
on the Official Zoning Map (see Section 20 of this Ordinance).
17.2 Sanitary Setback
A sanitary setback is an area within the wellhead protection area and
established around a Community Public Water Supply System production well to
protect ground water from direct contamination. The sanitary setback radius is
100 feet. Within the sanitary setbacks, it is prohibited to use, apply, store, mix,
load or transport chemicals (other than those used for drinking water
treatment).
17.3 One and Five‐Year Time of Travel
The time of travel is the calculated length of time a particle of water takes to
reach a production well from a certain point within the Wellhead Protection
Area. These areas shall be managed as the Wellhead Protection Areas.
17.4 Development Plan Review
Refer to Section 29 of this Ordinance for Development Plan Requirements.
During the plan review process, the Zoning Commission shall:
A. Assess whether the proposed development will prevent potential ground
water contaminants from entering a Public Water Supply System production
well;
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B. Ensure that the proposed development will not unreasonably endanger the
quality of groundwater within the Wellhead Protection Area; and
C. Ensure development standards are implemented and prohibit those uses
described in Section 17.5.
17.5 Development Standards and Prohibited Uses within the Wellhead Protection
Areas
A. All above ground storage tanks of liquids shall be equipped with secondary
containment to capture spills or leaks. Containment must effectively
contain at least one hundred and ten percent (110%) of the volume of the
tank.
B. Sanitary landfills and hazardous waste disposal sites shall be prohibited.
C. Infiltration basins, dry wells, cesspools, waste disposal wells, or other
injection‐type wells shall be prohibited.
D. Underground storage tanks shall be doubled walled and be equipped with
leak detection.
E. Construction of new sanitary or storm sewer lines within the sanitary
setbacks (within 100‐feet of any production well) shall be prohibited.
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SECTION 18 OFFICIAL ZONING MAP
The boundaries of the districts established in Section 14 are as shown on the zone map which is part of this Ordinance, and hereinafter known as the Official Zoning Map for the Town of Sheridan, Indiana. This map shall be kept as part of the official public record and is available for review at the offices of the Administrator. Regardless of the existence of purported copies of the Official Zoning Map which may, from time to time, be made or published, the Official Zoning Map shall be located in the office of the Administrator and shall be the final authority as to the current zoning status of land and water areas, buildings and other structures within the jurisdiction of the Town of Sheridan.
18.1 Amendments
If, in accordance with the provision of this Ordinance and IC 36‐7‐4, as amended, changes are made by the Town Council in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered by the Administrator on the Official Zoning Map. Such changes may be by annotation and appending of the pertinent amending ordinance until such time as the map may be redrawn. No change of any nature shall be made in the Official Zoning Map, or matter shown thereon, except in conformity with the amendment procedures set forth in this Ordinance.
18.2 Official Zoning Map Replacement
In the event that the Official Zoning Map becomes damaged, lost, or difficult to interpret because of the number of changes and additions, the Town Council may by resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior map, but no such correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof.
18.3 Annexed or Vacated Areas
Territory which may hereafter be annexed to the Town shall remain as zoned unless changed by amendment to this Ordinance. Whenever any street, alley, public way, railroad right‐of‐way, waterway or any other similar area is vacated by proper authority, the districts adjoining each side of such area shall be extended automatically to the center of such vacation and all area included in the vacation shall then and thenceforth 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.
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18.4 Interpretation of the Zoning Map Where uncertainty exists as to the exact boundaries of any district as shown on the Official Zoning Map, the following rules shall apply: In subdivided areas, or where a district boundary subdivides a lot, the exact location of the boundary shall be determined by use of the scale of the Official Zoning Map. Should a lot be split into two districts, the Board shall upon appeal extend the standards of either district. Unless otherwise indicated, the district boundaries of public or private right‐of‐ways or waterways shall be at the centerline of the right‐of‐way or waterway. Boundaries following shorelines shall be interpreted as moving with the shoreline. Boundaries indicated as approximately following section lines, half‐section lines and quarter‐section lines, corporate limit lines, Township lines or other jurisdictional lines shall be interpreted as following those lines. In the case of further uncertainty, the BZA shall interpret the intent of the Official Zoning Map as to the location of the boundary in question. The Official Zoning Map, which accompanies and is hereby declared to be a part of this Ordinance, shows the boundaries of and the area covered by the district. Notations, references, indications and other matters shown on the Official Zoning Map are as much a part of this Ordinance as if they were fully described herein. In determining the boundaries of districts and establishing the regulations 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 Town and its jurisdiction.
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SECTION 19: BOARD OF ZONING APPEALS 19.1 Establishment
The Board of Zoning Appeals of Sheridan (hereinafter, “Board”) is hereby established and shall operate in accordance with state law, specifically Title 36 Chapter 7 of the Indiana Code.
19.2 Membership, Removal, Vacancy and Alternate Members The Board of Zoning Appeals consists of five members as follows:
A. Three citizen members appointed by the executive of the Town, of whom one must be a member of the Plan Commission, and two must not be members of the Plan Commission.
B. One citizen member appointed by the fiscal body who is not a member of the Plan Commission;
C. One member appointed by the Plan Commission from the Plan
Commission’s membership other than the member appointed under (a) of this section. The member appointed by the Plan Commission must reside in the unincorporated area within the jurisdiction of the Plan Commission and have been appointed to the Plan Commission to represent the unincorporated area.
Removal
The appointing authority may remove a member from the board of Zoning Appeals for cause in accordance with IC‐36‐7‐4‐906.
Vacancy and Alternate Members
If a vacancy occurs, the appointing authority shall appoint a member for the unexpired term of the vacating member. In addition, the appointing authority may appoint an alternate member to participate with the Board in any hearing or decision if the regular member has a disqualification. An alternate member shall have all the powers and duties of a regular member while participating in the hearing or decision.
19.3 Terms of Office
Each appointed member serves for four years commencing on January 1 of the first year of service. Members may serve more than one term.
19.4 Jurisdiction
The Board may hear, review and determine: A. Appeals taken from any order, requirements, decision or determination
made by the Administrator or any administrative official or board charged
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with the enforcement of the Sheridan Combined Development Control Ordinance;
B. Requests for the variance of development standards in this ordinance, but the Board shall not vary the requirements related to the subdivision of land except within the duties outlined under the approval procedures of any planned development;
C. Requests for special exceptions to this ordinance only in the classes of cases
or in situations as specified in this Ordinance.
D. Determine a zoning district boundary;
E. Determine the existence of a nonconforming use;
F. Any other duties as specified in this ordinance. 19.5 Powers
The Board has the power to subpoena witnesses, administer oaths, punish for contempt, and may require the production of documents in accordance with its procedures.
19.6 Organization and Rules Election of Officers
At the first meeting of each year, the Board shall elect a Chairperson and Vice Chairperson from among its members. It may appoint and fix the compensation of a Secretary and such employees as are necessary for the discharge of its duties in compliance with the authorization of the Town Council.
Budget
The Board shall prepare and forward to the Plan Commission for inclusion in the Planning and Zoning Budget an annual budget of expenses necessary to conduct the business of the Board. The budget shall be prepared in conformance with the procedures and timing as set by the Town Council.
Rules of Procedure
The Board shall adopt Rules of Procedure as it may deem necessary to perform its duties and these rules govern all actions of the Board and, where specified, the Administrator.
Meetings and Records
All meetings of the Board shall be open to the public and be conducted in conformance with the Open Door Meeting Act of the State of Indiana. The Board shall keep records of its examinations and other official actions, prepare findings, and record the vote of each member voting upon a question. All
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minutes and records of the Board shall be kept in sequential order, dated and with docket numbers, and shall be on file in the Planning Office. The records and minutes of the Board constitute a public record.
19.7 Appeal Procedure
A. Appellants should meet with the Administrator in order to examine the nature of the proposed appeal, review the regulatory ordinances and materials, and review the appeal procedures. The appellant shall submit two (2) copies of the written application form and all necessary supporting documents and materials.
B. Appeals shall be filed with the Board within 30 days of the action to be appealed.
C. The Administrator shall review the materials solely for the purpose of
determining whether the application is complete, is in technical compliance with all applicable ordinances, laws and regulations and is to be forwarded to the Board. If the materials submitted by the appellant are not complete, or do not comply with the necessary legal requirements, the Administrator shall inform the appellant of the deficiencies in his materials. Unless and until the Administrator formally accepts the appeal application as complete and in legal compliance it shall not be considered as formerly filed for the purpose of proceeding to the succeeding steps toward Board consideration of the appeal. The application is formally filed when it is placed upon the Board agenda by the Administrator.
D. Once the Administrator has accepted and filed the appeal application with
the Board, he shall assign a docket number and set a date and time for a public hearing which shall be at least 30 days from the receipt of the completed appeal application.
E. The Administrator shall publish in accord with Indiana law and any
procedures adopted by the Board the required legal notification of the public hearing. The appellant shall be responsible for the cost of the required published legal notification of the public hearing as specified in the fee schedule. The appellant shall also notify all interested parties and adjacent property owners of the date, time, place and subject matter of the public hearing by certified mail, return receipt requested. The minimum time period for the giving of the notice shall be at least thirty (30) days prior to the initial hearing date.
F. Following the public hearing and within five days, the Board shall approve or
deny the appeal. The Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed and has all the powers of the officer or Board from whom the appeal is taken in reaching a decision. The Board shall enter into its records it decision, the reasons for its decision, and any conditions imposed and provide the appellant with a copy of the record, if requested. The Board shall inform the Administrator and the appellant of its decision, including all conditions contained as a part thereof.
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Stay of Work
When an appeal from the Administrator or any official or Board has been filed with the board, all proceedings and work on the premises upon which the appeal has been filed shall be stayed unless the official or Board from whom the appeal was taken shall certify to the Board that, by reason of facts stated in the certificate, a stay would cause immediate peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the Board or by a court of competent jurisdiction, on notice to the official or Board from whom the appeal is taken and the owner or proprietor of the premises affected and on due cause shown. After the owner, his agent and/or a person or corporation in charge of the work on the premises affected has received notice, the Administrator shall have full power to order such work discontinued or stayed and to call upon the police power of the Town to give full force and effect to the order.
19.8 Conflict of Interest
A member may not participate as a member of the Board in any hearing or decision concerning a zoning matter in which the member has a direct or indirect financial interest. The Board shall record the member’s disqualification in the minutes. If an alternate member has been designated to serve, the alternate member’s name and appointment shall also be recorded in the minutes. No Board member may directly or personally represent another person in a hearing before the Board.
19.9 Review by Certiorari Every decision of the Board shall be subject to review by certiorari.
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SECTION 20 VARIANCES
The Board may authorize in specific cases variance from the terms of the Sheridan Combined Development Ordinances (exclusive of the regulations found in the Subdivision Control Regulations Section over which the Commission has exclusive jurisdiction to vary) as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of said ordinances will result in unnecessary hardship, and so that the spirit of the ordinances shall be observed and substantial justice done.
Variance of Use
In deciding whether or not the applicant has presented sufficient proof to permit the granting of a variance of use, the Board shall determine in writing that: A. The approval will not be injurious to the public health, safety, morals and
general welfare of the community. B. The use and value of the area adjacent to the property included in the
variance will not be affected in a substantially adverse manner;
C. The need for the variance arises from some condition peculiar to the property involved;
D. The strict application of the terms of the Sheridan Combined Development
Ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought; and
E. The approval will not interfere substantially with the Comprehensive Plan.
Variance of Development Standards
In deciding whether or not the applicant has presented sufficient proof to permit the granting of a variance of development standards, the Board shall determine in writing that: A. The approval will not be injurious to the public health, safety, morals and
general welfare of the community;
B. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and
C. The strict application of the terms of the Combined Development Ordinance
will result in practical difficulties in use of the property.
D. To be read at Meeting
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Variance Procedure
A. Applicants should meet with the Administrator to review the zoning classification of their site, review the regulatory ordinances and materials, review the use and development of the property and to consider the proposed variance. The applicant then submits two (2) copies of the written application form and all necessary supporting documents and materials.
B. The Administrator shall review the materials solely for the purpose of determining whether the application is complete, is in technical compliance with all applicable ordinances, laws and regulations and is to be forwarded to the Board. If the materials submitted by the applicant are not complete or do not comply with the necessary legal requirements, the Administrator shall inform the applicant of the deficiencies in his materials. Unless and until the Administrator formally accepts the variance application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to the succeeding steps toward approval of the variance application as hereinafter set forth. The variance application is formally filed when it is placed upon the Board agenda by the Administrator.
C. Once the Administrator has accepted and filed the appeal application with
the Board, he shall assign a docket number and set a date and time for a public hearing which shall be at least 30 days from the receipt of the completed appeal application.
D. The Administrator shall publish in accord with Indiana law and any
procedures adopted by the Board the required legal notification of the public hearing. The appellant shall be responsible for the cost of the required published legal notification of the public hearing as specified in the fee schedule. The appellant shall also notify all interested parties and adjacent property owners of the date, time, place, and subject matter of the public hearing by certified mail, return receipt requested. The minimum time period for the giving of the notice shall be at least thirty (30) days prior to the initial hearing date.
E. Following the public hearing, the Board shall approve or deny the
application. The Board, upon approval of a variance application, may at its discretion, determine the length of time the variance shall run. The variance may be permanent or it may be set for a reasonable period six (6) months to twenty‐four (24) months subject to renewal upon expiration. The Board shall set forth in its records the reasons for approval or denial of the variance application and shall provide the applicant with a copy of the reasons, if requested. All further actions taken by the applicant or the Administrator concerning the situation for which the variance is filed, including the issuance of an Improvement Location Permit, shall be subject to the ruling of the Board. After denial of a variance application, a special use application, zoning amendment or variance application concerning the same property shall not be filed for a period of six (6) months.
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F. Any variance which is granted by the Board on a temporary, renewable
basis, under the procedures set forth in this Section, shall have been effected within the period of time for which it was granted or said variance shall become null and void. Any variance granted by the Board on a permanent basis, under the procedures set forth in this Section, shall be effected or shall be part of a project on which continuous construction has commenced within one (1) year from the date of the granting of said variance or it shall become null and void. Upon application to the Administrator before the expiration of said approval, and upon good cause shown, said approval may be extended for six (6) months.
Conditions Relating to Board Actions in the Flood Plain Districts
The Board may not exercise any of its power (i.e., special uses, variances, appeals, etc.) in any Flood Protection Districts established until the Board has received written approval from the Indiana Natural Resources Commission. The Board may not vary flood protection grade requirements in any district without written approval from the Indiana Natural Resources Commission.
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SECTION 21 LIKE‐USE DETERMINATION
When by decision of the Administrator, a proposed use appears to not be contained within the meaning of any of the uses specified in this Ordinance, the Administrator shall request of the Board a “like‐use” determination. The Board shall consider the same parameters of community health, safety, and welfare as designated under the Use Variance decision guidelines in determining a like‐use as well as considering the common dictionary meaning and customary usage.
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SECTION 22 NONCONFORMING USES, STRUCTURES, LOTS AND EXEMPTIONS 22.1 Legal Nonconforming Use Specifications
A legal nonconforming use may be continued, although such use does not conform to all the provisions of this Ordinance, as hereinafter provided: A. A legal nonconforming use may be extended throughout a building provided
no structural alterations are made therein, except those required by law, and the size of the structure is not increased. Existing residences in the various Business and Industrial Districts may be structurally altered and expanded.
B. A legal nonconforming use may be changed to another legal nonconforming use of the same restrictions, provided no structural alterations are made in the building, and the size of the building is not increased. Whenever a legal nonconforming use has been changed to a conforming use it shall not thereafter be changed to a legal or an illegal nonconforming use.
C. No building shall be erected upon any premises devoted to a legal
nonconforming use, except in conformance with the applicable provisions of this Ordinance.
D. Nothing herein contained shall require any change in the plans, construction
or designated use of a building for which a building permit or Improvement Location Permit has been heretofore issued, and the construction of which has commenced and has been diligently pursued within six (6) months of the date of issuance of such permit, and which entire building shall be completed according to such plans within two (2) years from the date of issuance of permit.
E. In the event that a legal nonconforming use of any building or premises is
discontinued for a period of six months, the use of said building or premises shall thereafter conform to the applicable provisions of this Ordinance.
F. Existing uses eligible for special use approval shall not be considered legal
nonconforming uses nor require special use approval for continuance but shall require special use approval for any alternation, enlargement or extension.
G. These provisions shall apply in the same manner to any use which may
become a legal nonconforming use due to a later amendment to this Ordinance.
H. A building nonconforming only as to height, lot area or yard requirements
may be altered or extended, provided that an extension meets all of the height, yard and other applicable provisions of this Ordinance.
I. Trailers and mobile homes existing within all districts are considered non‐
conforming uses and are subject to provisions of this section.
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J. Mobile home parks are considered non‐conforming uses and subject to provisions of this section.
22.2 Illegal Nonconforming Use
An illegal nonconforming use shall not be validated by the adoption of this Ordinance.
22.3 Intermittent Use
The casual, intermittent, temporary or illegal use of land, buildings or premises shall not be sufficient to establish the existence of a nonconforming use and the existence of a nonconforming use on part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.
22.4 Existence of a Nonconforming Use
In circumstances where there is question whether or not a nonconforming use exists, it shall be considered a question of fact and shall be decided by the Board following public notice and a public hearing in accordance with the Rules of Procedure of the Board.
22.5 Exemptions for Nonconforming Use
The following structures and uses shall be exempt from the provisions of this Ordinance. A. Wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar
equipment for the distribution to consumers of telephone or other communications, electricity, gas or water and the collection of sanitary sewage or surface water operated and/or maintained by a government entity or a public utility, including customary meter pedestals, telephone pedestals, distribution transformers and temporary utility facilities required during construction, whether any such facility is located underground or above ground, but only when such franchised utility facilities are located in a street right‐of‐way or in an easement less than twenty‐five (25) feet in width. The provisions of this Ordinance shall be complied with on all private property and in easements twenty‐five (25) feet in width and over.
B. Railroad tracks, rights‐of‐way signals, bridges and similar facilities and equipment located on a railroad right‐of‐way, and maintenance and repair work on such facilities and equipment.
C. Farms, as defined herein, are permitted in all districts. Dwellings and major
(over 400 square feet) accessory buildings are subject to obtaining Improvement Location Permits for construction.
D. Nothing in this Ordinance shall prevent the restoration of a building or
structure destroyed less than forty percent (40%) of its market value at the time of such destruction (exclusive of the value of the lot) by explosion, fire,
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flood, earthquake, windstorm, act of God, riot or act of a public enemy, subsequent to the passage of this Ordinance; or shall prevent the continuance of the use, except an illegal nonconforming use, of such building, structure or part thereof, as such use existed at the time of such impairment of such building, structure or part thereof. All such restoration and construction shall be subject to the obtaining of an Improvement Location Permit, with the fees waived for the restoration of a building or structure destroyed less than forty percent (40%) and restored according to its state of existence prior to destruction. All restorations resulting in a divergence from original plans or restoring a building or structure destroyed forty percent (40%) or more shall be subject to obtaining an Improvement Location Permit and payment of fees.
E. All Town of Sheridan governmental facilities and buildings are exempt from
the zoning requirements and procedures listed herein. 22.6 Nonconforming Uses of Land
A. No nonconforming uses of this ordinance 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.
B. 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.
22.7 Discontinuance of a Nonconforming Use or Structure
If any nonconforming use or structure is abandoned or discontinued for more than six months (except where government action impedes access to the premises), any subsequent use of such land shall conform to the regulations specified in this ordinance for the district in which the land is located.
22.8 Avoidance of Undue Hardship
Nothing herein contained shall require any change in the plans for the construction of designated use of a building for which an improvement location permit has been issued, and actual construction has begun within 90 days from the issuance of the permit. Actual construction is defined as work beyond the preparation stage and in which changes or additions are made permanent.
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SECTION 23 SPECIAL EXCEPTION USE
Special use or special exception approval by the Board shall be necessary prior to the establishment of a special use or special exception, or the issuance of an Improvement Location Permit for a special use. Special uses shall generally be considered favorably by the Board, except in cases where the Board finds the proposed special use obviously inappropriate as a result of special and unique conditions determined as a result of the review procedure.
23.1 Procedure
Whenever an application for a special use or special exception within the jurisdiction of this Ordinance is made, it shall follow the procedure set forth herein and shall conform to the regulations and requirements of this Ordinance.
Consultation with the Administrator and Application
Applicants shall meet with the Administrator to review the zoning classification of their site, review copies of the regulatory ordinances and materials, review the special use or special exception procedures and examine the proposed use and development of the property. The Administrator shall aid and advise the applicant in preparing this application and supporting documents as necessary. The applicant shall then submit two (2) copies of the written application form and all necessary supporting documents and materials.
Initial Review of the Application and Supporting Documents and Materials by
the Administrator
Submissions to the Board. Following the receipt of the written application and necessary supporting documents and materials by the Administrator, he shall then review the materials solely for the purpose of determining whether the application is complete and in technical compliance with all applicable ordinances, laws and regulations, and therefore entitled to be forwarded to the Board. If the materials submitted by the applicant are not complete or do not comply with the necessary legal requirements, the Administrator shall inform the applicant of the deficiencies in said materials.
Unless and until the Administrator formally accepts the special use or special exception application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to succeeding steps toward special use or special exception approval as hereinafter set forth. Within thirty (30) days of the formal acceptance of the application by the Administrator, he shall formally file the application by placing it upon the agenda of the Board, according to the Board’s Rules of Procedure.
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Public Hearing by the Board
Once the Administrator has accepted and filed the application with the Board, the Board or its delegate shall assign a docket number and set a date and time for a public hearing as required by the Rules of Procedure of the Board. The applicant shall be responsible for the cost and publication of the required published legal notification of the building hearing. The applicant shall also notify all interested parties and property owners as required by the Rules of Procedure of the Board on this ordinance. The minimum time period for the giving of the notice shall be at least thirty (30) days prior to the initial hearing date. The conduct of the public hearing shall be in accordance with the Board’s Rules of Procedure.
Approval or Denial of the Special Use or Special Exception Application by the Board.
Upon approval of the special use or special exception, the Board shall inform the Administrator that he may issue Improvement Location Permits for the special use or special exception and inform the applicant of the time limits. The Board shall inform the applicant that he may apply to the Administrator for Improvement Location Permits for the special use or special exception, if necessary, or may commence the special use or special exception if no permits are required. After denial of a special use or special exception application, a variance, special use, special exception, or zoning amendment concerning the same property shall not be filed for a period of six (6) months. If the petition is denied by the Board, the Board shall provide the applicant with a copy of said reasons, if requested.
Authorization
In no event shall a special use or special exception be established or an Improvement Location Permit be issued for improvements for a special use or special exception prior to the approval of the special use or special exception by the Board unless otherwise excepted herein.
Time Limit
Any person to whom a special use or special exception is granted by the Board, under the procedures set forth in this chapter, shall have commenced continuous construction of said special use or special exception or implemented said special use or special exception within one year of the date of the granting of the approval or said approval shall become null and void.
Upon application to the Administrator before the expiration of said approval, and upon good cause shown, said approval may be extended for six (6) months.
Basis of Board Review
The Board, in reviewing the special use or special exception application, shall give consideration to the particular needs and circumstances of each application
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and shall examine the following items as they relate to the proposed special use or special exception:
Topography;
Zoning on site;
Surrounding zoning and land use;
Streets, curbs and gutters and sidewalks;
Access to public streets;
Driveway and curb cut locations in relation to other sites;
General vehicular and pedestrian traffic;
Parking location and arrangement;
Number of parking spaces needed for the particular special use;
Internal site circulation;
Building height, bulk and setback;
Front, side and rear yards;
Site coverage by building(s), parking area(s) and other structures;
Trash and material storage;
Alleys, service areas and loading bays;
Special and general easements for public or private use;
Landscaping and tree masses;
Necessary screening and buffering;
Necessary fencing;
Necessary exterior lighting;
On‐site and off‐site, surface and subsurface storm and water drainage;
On‐site and off‐site utilities;
Dedication of streets and rights‐of‐way;
Proposed signage (subject to regulations established by the Sign Ordinance);
and Protective restrictions and/or covenants;
Construction materials including external surfaces;
Suitability to the neighborhood Basis of Board Approval or Rejection Special Exception Uses
The Board, in approving or rejecting a special use application, shall base its decision upon the following factors as they relate to the above listed item concerning the proposed special use: A. The particular physical suitability of the premises in question for the
proposed special use.
B. The economic factors related to the proposed special use, such as cost/benefit to the community and its anticipated effect on surrounding property values.
C. The social/neighborhood factors related to the proposed special use, such
as compatibility with existing uses and those permitted under current zoning in the vicinity of the premises under consideration and how the proposed special use will affect neighborhood integrity.
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D. The adequacy and availability of water, sewage and storm drainage facilities and police and fire protection.
E. The effects of the proposed special use on vehicular and pedestrian traffic in
and around the premises upon which the special use is proposed. Special Exception Decisions
A special exception application may be approved by the Board only upon a determination in writing that: A. The approval will not be injurious to the public health, safety, morals, and
general welfare of the community, in relation to the above listed items concerning the proposed special exception;
B. The use and value of the area adjacent to the premises under consideration will not be affected in a substantially adverse manner;
C. The need for the special exception arises from the applicant’s responsibility
to provide public utility service, and not from any condition peculiar to the premises under consideration.
D. To be read aloud at meeting
Expansion of Approved Special Uses
An approved special use or special exception may be expanded up to ten percent (10%) of the approved gross floor area without obtaining further special use or special exception approval if the approved use or exception is continued in the expansion, if the particular building height, bulk, setback, yard, parking, etc. requirements are adhered to and if the proper permits for the expansion, such as an Improvement Location Permit, are obtained.
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SECTION 24 PLAN COMMISSION 24.1 Establishment
The Sheridan Plan Commission (hereinafter “Commission”) is established to provide for the orderly development of land which promotes the health, safety, and general welfare of the area through the administration of the Subdivision Control Regulations, and to advise the Town Council on the Comprehensive Plan and any amendments of the Plan.
24.2 Jurisdiction
The Commission has authority over the area within the corporate boundaries of the Town of Sheridan and the contiguous unincorporated area that in the judgement of the Commission bears reasonable relation to the development of the Town. Unless otherwise limited or expanded in conformance with the relevant provisions of the Indiana Code, the contiguous unincorporated area may extend two miles from the corporate boundaries as authorized by IC 36‐7‐4‐205.
24.3 Decisional Authority Advisory
A. The Commission shall make recommendations and certify its recommendations to the Town Council concerning the adoption or amendments to the Comprehensive Plan; the adoption or amendments to this Combined Development Control Ordinance; and changes to the Zone Map.
B. The Commission shall determine and advise the Sheridan Redevelopment Commission of the conformance of any Economic Development or Redevelopment Plan or amendments to each with the Comprehensive Plan.
Final
The Commission shall render final decisions concerning the approval or denial of plats, replats, and amendments to plats of subdivisions.
24.4 Membership Membership and Qualifications
The Commission shall be composed of nine (9) members appointed as follows: The Town Council appoints three (3) members who must be elected or appointed municipal officials or employees in the municipal government. The Town Council President appoints four (4) citizen members, of whom no more than two (2) may be of the same party and all of whom reside within the
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corporate boundaries of the Town. No citizen member may hold any other elective or appointive office in municipal, county, or state government. In addition, as long as the Town continues to exercise jurisdiction over contiguous unincorporated area: The County Executive appoints two (2) additional citizen members who reside in the unincorporated area and who are not members of the same political party and do not hold any other elective or appointed office in municipal, county, or state government. The Sheridan and Hamilton County Plan Commission shall each appoint a member from their respective membership to serve as an advisory member of each other’s Commission. Each advisory member has all the rights of membership except the right to vote.
Length of Service and Vacancy
Each appointment is for a term of four (4) years running from January 1 to December 31 of each year of appointment. A member serves until his successor is appointed and qualified. A member is eligible for reappointment. The appointing body shall appoint a qualified member to serve the remainder of any unexpired term.
Removal of a Member
Appointments automatically terminate if the member loses his qualification status of a member. Members who miss three (3) consecutive regular meetings of the Commission, without an excuse acceptable to the Commission, shall be treated as if resigned, unless the appointment authority reaffirms the member’s appointment. Members may be removed for cause by the appointing authority. The appointing authority must mail notice of the removal, along with within thirty (30) days after receiving notice of the removal appeal to the circuit or superior court of the county. The court, may pending the outcome of the appeal, order the removal or stay the removal of the member.
24.5 Organization Quorum
A quorum consists of a majority of the voting members of the Commission Official Action
Action of the Commission is not official, unless it is authorized at a regular or special meeting by a majority of the entire membership of the Commission. Any actions of the Commission shall be certified by the signature of the president and the secretary of the Commission.
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Officers
At is first regular meeting in each year, the Commission shall elect from its members a president, vice president, and secretary. The vice president may act as president of the Commission during the absence or disability of the president.
Employees
The Commission may appoint and fix the duties of a recording secretary, who is not required to be a member of the Commission. The Commission may appoint and detail the duties and compensation of such employees and contract for special or temporary services as are necessary for the discharge of its duties with the approval of the Town Council. The Commission may assign to its employees administrative functions and decisional acts except where final action of the Commission is necessary by statue.
Records
The Commission will keep a complete record of all its proceedings and this record will be available for public inspection.
Bonds, Letter of Credit, Financial Guarantee, Contracts
The Commission will record and file all financial instruments and contracts related to its actions with the Clerk‐Treasurer of the Town.
Budget
The Commission shall prepare and submit an annual budget to the Town for the administration of the Commission and the Board of Zoning Appeals.
24.6 Meetings Fixing time, dates
The Commission shall fix a time for holding regular meetings. Special meetings may be called by the President or by two (2) members of the Commission by written request to the Secretary. The Secretary shall notify the Commission members in writing of the special meeting at least three (3) days prior to the meeting, unless the special meeting has been set during a regular meeting and all members of the Commission are present.
Public Notice
Each public hearing of the Commission shall be advertised by publishing a legal notice in the newspaper with local circulation at least ten (10) days prior to the hearing and in accord with IC 5‐3‐1. The subject of the public hearing shall be available in its entirety for public inspection ten (10) days prior to the hearing.
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Minutes
The Commission shall keep minutes of all its meetings as part of the public record.
24.7 Procedural Rules
The Commission shall develop and adopt rules of procedure that govern the mechanisms for hearings, meetings, and actions of the Commission. The Commission will adopt the town seal to be used on all official actions and will certify all official actions of the Commission.
24.8 Conflict of Interest
Except for the preparation and adoption of the Comprehensive Plan, or the re‐zoning of an area where the members ownership represents less than 10% of the re‐zoned area, a member of the Commission may not participate as a member of the Commission in any hearing or decision concerning a zoning matter in which the member has a direct or indirect financial interest. The Commission shall record the member’s disqualification in the minutes. No Commission member may directly or personally represent another person in a hearing before the Commission.
24.9 Legal Liability
The Commission shall sue and be sued collectively by its legal name, Sheridan Plan Commission, with service of process upon the president of the Commission. No costs may be taxed against the Commission or any of its members.
24.10 Review by Certiorari
Final decisions of the Commission to approve or deny subdivision plats, vacation of plats, development plans, or planned unit developments are subject to review by certiorari in accordance with the procedures listed in IC 36‐7‐4‐1016.
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SECTION 25 DEVELOPMENT AND AMENDMENTS TO THE COMPREHENSIVE PLAN 25.1 Duty
The Commission shall develop, review periodically, and amend as necessary the Comprehensive Plan for the Town of Sheridan and its jurisdictional area and shall certify its recommendations to the Town Council for consideration.
25.2 Procedure
The adoption of amendment of the Comprehensive Plan must receive one public hearing before the Commission. Following the public hearing, the Commission certifies its action to the Town Council. The Comprehensive Plan and any amendments are not effective until adopted by resolution of the town Council. If after certification by the Commission, the Town Council rejects or amends the plan or amendment, the rejection or amendment along with written reasons for the rejection or amendment should be returned to the Commission for consideration. The Commission has 60 days to act on the rejection or amendment. If the Commission fails to act within 60 days or within any time extension granted by the Council from receipt of the rejection or amendment, the action of the Town Council stands. If the Commission disapproves the rejection or amendment, the rejection or amendment is effective only if confirmed by another resolution of the Town Council
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SECTION 26 AMENDMENT OF THE TEXT OF THE COMBINED DEVELOPMENT ORDINANCE AND AMENDMENT OF THE ZONE MAP
26.1 General
This section does not apply to the adoption of an initial ordinance or map or to the adoption of a replacement ordinance map if such replacement repeals the existing ordinances or map in their entirety. Any proposal to adopt or amend the text the Combined Development Ordinance or to amend the Zone Map shall pay reasonable regard to: 1. The comprehensive plan; 2. Current conditions and the character of current structures and uses in each
district; 3. The most desirable use for which the land in each district is adapted; 4. The conservation of property values throughout the jurisdiction; 5. Responsible growth and development. All votes by the Council or Commission in considering proposals or actions by the other body shall be simple majorities of the entire membership.
26.2 Amendment of the Text
1. Amendments to the text of this ordinance may be initiated by the Commission or the Council. If initiated by Council, the Commission must act within 60 days of Council direction unless a time extension is granted by the Council.
2. Any proposal to adopt or amend the text of this ordinance must receive a public hearing before the Commission in accord with its published rules and state law.
3. Following the public hearing the Commission shall certify its action to the Council within ten (10) business days with a favorable recommendation, and unfavorable recommendation, or no recommendation.
4. The Council shall vote on the proposal within 90 days of certification by the Plan Commission and shall give notice of its intention to consider the proposal according to IC 5‐14‐1.5‐5. a. This subsection applies if the proposal receives a favorable
recommendation from the Plan Commission: 1. If the Council adopts (as certified) the proposal, it takes effect as
other ordinances of the Town Council. 2. If the Council fails to act on the proposal within ninety (90) days
after certification. 3. If the Council rejects or amends the proposal, it shall be returned to
the Commission for its consideration, with a written statement of the reasons for the rejection or amendment. The Commission has forty‐five (45) days in which to consider the rejection or amendment and report to the Town Council as follows:
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A. If the commission approves the amendment or fails to act within the forty‐five (45) day period, the ordinance stands as passed by the Town Council or the end of the forty‐five (45) day period.
B. If the Commission disapproves the rejection or amendment, the action of the Town Council on the original rejection or amendment stands only if confirmed by another vote of the Town Council within forty‐five (45) days after the Commission certifies its disapproval.
C. If the Town Council fails to confirm its action under this clause, the ordinance takes effect as if it had been adopted as originally certified ninety (90) days after certification.
D. b. This subsection applies if the proposal receives either an unfavorable
recommendation or no recommendation from the Plan Commission: 1. If the Council adopts (as certified) the proposal, it takes effect as
other ordinances of the Town Council. 2. If the Council rejects the proposal or fails to act on it within ninety
(90) days after certification, it is defeated. 3. If the Council amends the proposal, it shall be returned to the Plan
Commission for its consideration, with a written statement of the reasons for the amendment. The Commission has forty‐five (45) days in which to consider the amendment and report to the Town Council as follows: A. If the Commission approves the amendment or fails to act
within the forty‐five (45) day period. B. If the Commission disapproves the amendment, the action of
the Council on the original amendment stands only if confirmed by another vote of the Town Council within forty‐five (45) days after the commission certifies its disapproval. If the Council fails to confirm its action under this clause, the ordinance is defeated as provided in subdivision (3).
26.3 Changes to the Zone Maps
1. If the proposal is not initiated by the Plan Commission, it must be referred to the Commission for consideration and recommendation before any final action is taken by the Council. On receiving or initiating the proposal, the Commission shall, within sixty (60) days, hold a public hearing. Within ten (10) business days after the Commission determines its recommendation (if any), the Commission shall certify the proposal to the Council for consideration. The Commission may certify the proposal with a favorable recommendation, an unfavorable recommendation, or no recommendation.
2. The Council shall vote on the proposal within ninety (90) days after the Plan Commission certifies the proposal. The Council shall give notice under IC 5‐14‐1.5‐5 of its intention to consider the proposal at the meeting.
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a. This subsection applies if the proposal receives a favorable recommendation from the Plan Commission: 1) If the Council adopts (as certified) the proposal, it takes effect as
other ordinances of the Council. 2) If the Council rejects the proposal, it is defeated. 3) If the Council fails to act on the proposal within ninety (90) days
after certification, the ordinance takes effect as if it had been adopted (as certified) ninety (90) days after certification.
b. This subsection applies if the proposal receives either an unfavorable recommendation or no recommendation from the Plan Commission: 1) If the Council adopts (as certified) the proposal, it takes effect as
other ordinances of the Town Council. 2) If the Council rejects the proposal, it is defeated. 3) If the Council fails to act on the proposal within ninety (90) days
after certification, it is defeated.
3. Any proposal which has been defeated may not reconsidered by the Commission or the Council for up to one (1) year after its defeat.
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SECTION 27 VACATION OF PUBLIC WAYS
Upon the filing with the Council of any petition by any person who owns or is interested in the subject real estate for the abandonment or vacation any platted way, the Council shall forward the petition to the Plan Commission for their consideration and recommendation only in regard to the vacation or abandonment and exclusive of any compensation offered for the abandonment or vacation of the public way. The Commission shall hold a public hearing and certify its action to the Council. The Council shall consider the recommendation of the Commission in its decision to approve, reject, or amend the proposal. The action of the Council is final in regard to abandonment or vacation of a public way.
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SECTION 28 SUBDIVISION CONTROL REGULATIONS 28.1 Application
Any subdivision of land not listed under the exceptions of this Section is subject to the Subdivision Control Regulations. Land may be subdivided in any zoning district. The subdivision of land must conform to the regulations in this section and the standards of the zoning district in which it is proposed.
28.2 Multiple subdividing
Any parcel of land which has been divided more than twice within five (5) years (as measured from the date of recording with the County Recorder of the first subdivision) and for which a third subdivision is proposed must in its application include a plat of the entire parcel showing all past and proposed subdivisions. If approval is granted by the Commission for the consolidated subdivision plat, the prior subdivisions are to be amended to conform to the new subdivision plat.
28.3 Exceptions
The following actions are not subject to the subdivision control regulations of this Section: A. The division of a single parcel of land into two or more parcels each
containing at least ten (10) acres, the proposed use of all parcels is agricultural, each resulting parcel has access on an existing public street or is given a permanent access easement at least sixty (60) feet wide and which runs to the public street, and no new public way is contemplated.
B. A change or correction in lot lines of a recorded plat which does not increase the density of the recorded development.
C. A proposed condominium development which is subject to the Indiana
Horizontal Property Law as described under IC 32‐1‐6 (1997). 28.4 Variance A. The Commission is considering and approving a subdivision plat is without
the power to vary the development standards of the district.
If the plat does not conform to the standards of the district in which it is located, it must be denied or a variance to those standards must be appealed to the Board and granted prior to the approval of the subdivision primary or secondary plat.
B. The Plan Commission may authorize a variance from the terms of this Subdivision Control Regulations Section if: 1. The grant of the variance will not be injurious to the public health,
safety, morals and general welfare of the community; and
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2. The use or value of the area adjacent to the property included in the proposed plat will not be affected in a substantially adverse manner; and
3. The need for the variance arises from some condition peculiar to the property and such condition is not due to the general conditions of the neighborhood; and
4. The strict application of the terms of the ordinance will constitute an unusual and unnecessary hardship if applied to the property for which the variance is sought (financial hardship alone does not constitute unusual or unnecessary hardship); and
5. The grant of the variance does not interfere substantially with the comprehensive plan.
28.5 Procedure for Subdivisions Generally Standing of Persons Petitioning for Subdivision of Land
Only persons who are the owner(s) of the real property described in the application, or are the legal representative(s) of the owner, or legal designee(s) of the owner with the power to bind the owners have standing to petition the Commission in a public meeting or hearing for approval of an application for the subdivision of land.
Administrative Review, Public Hearings, and Public Meetings
All applications for approval of a primary plat require administrative review by the Administrator and a public hearing before the Commission. Secondary Plat approvals require an administrative review, but do not require a public hearing. The Secondary Plat must be signed at a public meeting of the Commission. Public discussion at a regularly called meeting of the Commission of a subdivision proposal on which no action is contemplated at that meeting is prohibited UNLESS such discussion has been listed on the agenda of the meeting and the agenda has been posted in conformance with law.
Duration of Approval of Primary Plat
Primary Plat approval is valid for three (3) years from the date of approval. The Plan Commission may in its discretion grant one (1) year extensions of the approval, however, no more than two (2) such extensions may be granted. Any portions of the Primary Plat which have not received secondary plat approval at the time of expiration of the primary plat approval are void.
Bar from Refiling if Primary Plat is Disapproved
A petitioner who has submitted a primary plat which is disapproved by the Commission may not refile the plat is substantially the same form for consideration by the Commission until the expiration of one (1) year from the date of disapproval.
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Forms and Fees
All applications must be complete and in writing on the approved forms and submitted with the filing fees at least fifteen (15) days before the next regularly scheduled meeting of the Commission in order to be placed on the Commission’s agenda. If the applicant is requesting a special called meeting of the Commission, the submission must be thirty (30) days before the requested meeting date, however the submission of documents and a request for a special meeting does not bind the Commission to hold a special meeting. Incomplete submissions will not be placed on the agenda. The Administrator determines the completeness of the submission.
Steps in the Application for Plat Approval
The following outlines the steps to be taken in the consideration of a petition for a subdivision plat. The Zoning Administrator may waive or combine steps if in his judgement they are either not applicable to the applicant or it would be more efficient to proceed differently. Failure to follow the steps below will not void an applicant’s request, if the procedure followed substantially complies with the spirit of the approval process which is to allow for a reasonable consideration of the application in a public hearing and attention given to the protection of public health, safety, and general welfare. Required publications an public notice requirements may be not waived or modified from the applicable law. Petitions requesting primary and secondary approval at the same time should indicate that on the application. The Commission must give primary approval before secondary approval may be granted. 1. Optional, but recommended: the sub divider should meet with the Zoning
Administrator to discuss the proposed subdivision, determine the zoning designation for the parcel, and receive the proper forms and list of requirements for the proposal.
2. Completed application fees, plat drawings and documentation delivered to the Zoning Administrator for review. The Zoning Administrator reviews the submission for completeness, and if complete will place the petition on the Commission’s next meeting agenda provided the meeting is to occur at least fifteen (15) days from the this determination of the Administrator.
3. The petitioner must notify all adjoining property owners of the pending
application before the Commission. The notification must include the name, address, and phone number of the petitioner or his representative, the name of the proposed subdivision, its total area, the uses of the land, how many lots will result from the subdividing, the current and proposed zoning designation of the parcel, and the date, place and time of the Commission meeting. The notice must also state that a copy of the application and proposed plat is on file at the Town offices and is available for inspection by the public during days and times indicated by the Administrator. Notification can be by mail or in person or a combination. If by mail, it must be by certified mail, return receipt requested and must be mailed at least fifteen (15) days prior to the date of the hearing. If in
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person, each property owner must sign that they have received notification. Proof of notification must be presented to the Administrator at least ten (10) days prior to the meeting.
4. Public Hearing before the Commission on the proposed subdivision.
Following the public hearing, the plat is to be reviewed by the Commission.
5. Within 45 days, the Commission will provide the applicant in writing with any proposed changes to the plat or additional documentation this is needed prior to consideration of approval. When the required changes and/or documentation have been incorporated, the Commission will approve or disapprove the primary plat. The vote on approval or disapproval will be taken at a public meeting of the Commission. The Commission will issue findings in writing relevant to its decision to approve or disapprove the primary plat. These findings should generally address the following areas:
a. Compliance with the Comprehensive Plan; b. Coordination of subdivision streets with existing and planned streets or
highways; c. Coordination with, and extension of facilities included in the
Comprehensive Plan; d. Establishment of minimum width, depth, and area of lots within the
proposed subdivision; e. Distribution of population and traffic in a manner tending to create
conditions favorable to health, safety, convenience and the harmonious development of the town or county;
f. Fair allocations of areas for streets, parks, schools, public and semi‐public buildings, homes, utilities, business and industry; and
g. Other relevant factors.
The Building Commission shall notify the applicant in writing of the approval or disapproval of the primary plat along with the Commission’s findings and if approved, inform the applicant that he may proceed with the secondary plat and the construction plans. 6. Following the primary plat approval, the petitioner may apply for secondary
plat approval by submitting to the Zoning Administrator the application, fees, and required documentation of the secondary plat. The secondary plat shall conform to the primary plat as approved and may include all, or only a part, of the primary plat which has received approval and shall conform to all the requirements for secondary plat.
7. The Zoning Administrator will within thirty (30) days review the secondary plat, construction plans, and related materials to determine if the application is complete. If the materials submitted by the applicant are not complete or do not comply with the ordinance, the Zoning Administrator shall inform the applicant in writing, of the deficiencies in his materials. When the Zoning Administrator verifies completion and conformance with the technical terms of the ordinance, he shall place the secondary plat
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application on the next Commission agenda providing that the next meeting is at least thirty (30) days from the determination of completeness.
8. Approval or Disapproval of the Secondary Plat. After submission of the
secondary plat by the Zoning Administrator to the Commission, the Commission shall review the secondary plat, construction plans and other materials. If any changes or other considerations in the secondary plat, construction plans, or other materials are required or requested by the Commission they shall so inform the applicant in writing. When the required changes and considerations are incorporated into the secondary plat, construction plans and other materials, the Commission shall then approve or disapprove the secondary plat and construction plans within 45 days of the receipt of amended material. If the Commission approves the secondary plat, it shall affix the Commission’s seal upon the secondary plat, together with certifying signatures of the President and Secretary, following the receipt by the proper authorities of financial guarantee of all improvements and installations required. If the Commission disapproves the secondary plat, it shall set forth the reasons for such disapproval in its own records and shall provide the applicant with a copy of such reasons. The Building Commissioner shall notify the applicant in writing of the approval or disapproval of the secondary plat, and if approved, inform the applicant that he may proceed with the construction of the subdivision following the recording of the secondary plat.
9. Recording the Secondary Plat. After the Commission has approved the
secondary plat the sub divider shall file such plat for recordation in the office of the Recorder of Hamilton County, Indiana. The application and submission of the plat for approval shall, in and of itself, constitute an agreement on the part of the applicant that if the secondary plat is approved by the Commission, the applicant shall proceed to record the approved secondary plat within one (1) year after the Commission grants such approval. Failure to record the secondary plat within this period shall result in the approval being declared void by the Commission unless an extension is applied for and granted by the Commission. Following approval by the Commission and the recording of the secondary plat, the applicant shall provide the Commission with a reproducible copy of the secondary plat and accompanying covenants and including certification and signatures of the Commission and of the Recorder of Hamilton County, Indiana.
10. Commencing Construction of the Secondary Plat. Any person, to whom is
granted secondary plat approval for a subdivision, who fails to commence construction within eighteen (18) months after such approval has been granted, shall within thirty (30) days after said eighteen (18) month period, be required to show good cause to the Commission through the Zoning Administrator why said approval should not be revoked by the Commission. A failure to show good cause as herein required shall result in the automatic revocation of such approval at the termination of the thirty (30) day period. The application and submission of a plat for approval shall, in and of itself, constitute an agreement on the part of the applicant that should construction not begin with said eighteen (18) months period and upon notice to the person granted plat approval, the Zoning Administrator may
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be empowered by the Commission to revert and record the tract given plat approval, as it was recorded prior to the revoked plat application.
11. Simultaneous Filings. The sub divider may file both primary plat and
secondary plat simultaneously as long as proper plans and documents are also filed.
28.6 Primary Plat
Table 28.6A
Required Documentation – Primary Plat
Portions of these requirements may be waived by Administrator if in his/her
judgement they are not applicable to the petitioner’s application. HOWEVER,
the commission may reinstate any of the waived requirements if deems
necessary.
Number and Form of copies to be submitted: Eight (8) copies of the complete
submission with any plat drawings at a scale of 50 feet to one inch or 100 feet to
one inch or such scale as recommended by the Administrator to provide
manageable, legible drawings on sheets where the shortest dimension does not
exceed 24 inches.
On The Plat Drawing
A. On the proposed name of the subdivision followed by the words “Primary
Plat”, the date of submission or latest revision, the name of the subdivision designer, the present zoning classification and the total acreage of the plat.
B. Names, addresses and telephone numbers of the owner, sub divider and
Registered Land Surveyor, in accordance with State Statutes and licensed to do business in the State of Indiana, who prepared the plat.
C. The approximate location of existing and proposed streets and rights‐of‐way, on and adjoining the proposed subdivision, showing the names (which shall not duplicate other names of streets in the community), roadway widths and right‐of‐way widths.
D. The approximate location, widths and purpose of all existing and proposed easements (water, sanitary sewer, storm sewer, electric, telephone, case, streetlights, cable television, legal drains, drainage ways, access).
E. The approximate location, size and capacity of utilities to be installed including water, sanitary sewage and storm drainage facilities. The general location of septic tanks and wells, if used, shall be shown on the primary plat. The minimum information on the plat shall include:
Location of proposed sanitary sewers with connection to the main sewer system, lift stations, if any, and other appurtenances if any. If
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private sewage systems, locate the system in relation to well, house and adjacent lot systems. Private sewage systems shall be installed according to the requirements of the Hamilton County Board of Health and the Indiana State Board of Health.
Location of water mains, hydrants, and other appurtenances.
Location of proposed methods of drainage. If a storm sewer or similar type of system is used, show connection into stream, retention reservoir, etc.; distance to stream outlet; lift stations, if any; approximate size; approximate location; manholes, if any; inlets; junction boxes and other necessary appurtenances. If surface drainage is planned – roadside ditches, swales, grassed waterways, water courses, open ditches, roll curb and gutter sections – show location of said type; location and approximately size of road culverts; and location and typical cross‐section of grades, swales, waterways, roadside ditches and open ditches, if applicable. If subsurface drain tile is planned, show location, connection to storm sewer, outlet in open drain or retention reservoir, or other adequate outlet. Subsurface drains shall not outlet into curbs or shallow swales. The direction of the flow of the stormwater in swales, curbs, open ditches, tiles and the like shall be shown.
F. The layout of lots, showing the dimensions and lot numbers, and the
approximate square footage area on non‐rectangular lots. G. Parcels of land proposed to be dedicated or reserved for public schools,
parks, playgrounds or other public use, private recreational facilities for use of the people within the subdivision, and other areas to be used for community purposes.
H. Contours at vertical intervals of one (1) foot if the general slope of the proposed subdivision is less than three percent (3%), of two (2) feet if the general slope of the proposed subdivision is three percent (3%) or more and less than ten percent (10%) or of five (5) feet if the general slope is ten percent (10%) or more. All benchmark references shall be based on National Geodetic Vertical Datum of 1929.
I. Approximate tract boundary lines showing dimensions, angles bearings, existing monuments, existing markers, reference corners and benchmarks. All shall be described according to recognized practice based on approximate distances and directions with reference to section, township and range.
J. Building setback lines.
K. Where appropriate or required by the Zoning Ordinance, an indication of the general location of existing and proposed trees, shrubbery and screening materials.
L. Legends and notes, a summary of the number of lots, total acreage within the subdivision and the zoning classification.
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M. Scale and north arrow.
N. Other features or conditions shall be shown on the primary plat that would affect the subdivision favorably or adversely.
Supporting Date and Information
O. Site Location Map: An area location map at a scale of 1” = 500’ which shows the proposed subdivision and surrounding area. The area location map may be prepared on an existing base map. The map must include:
The outline of the proposed subdivision, it’s name and location
Existing adjacent uses
Existing adjacent zoning classifications and proposed uses
Any thoroughfares directly related to the proposed subdivision
Watershed boundaries, number of acres within each watershed involved and the general overland flow pattern; and
Title of the area location map, it’s scale, north arrow, the date the information was placed on the map and the date the base map was prepared.
P. A brief paragraph of the proposed use(s) of lots including the number of
each type of use, the estimated annual build‐out in terms of each use proposed including the resultant population increase in terms of adults and children, and an indication of proposed development phases if any.
Q. A brief paragraph on how the proposed subdivision is coordinated with or
furthers the goals of the Comprehensive Plan and its provisions including the thoroughfare plan, open space and recreation, community facilities, sanitation, water supply and drainage, and other developments existing and proposed in the vicinity.
R. Service reports or statements noted by the Administrator as necessary. These may include but not be limited to the following sources: police or sheriff departments, fire department; water and sanitary sewer utilities; electric, gas and telephone utilities; town, county or state highway department; Hamilton County Health Department, Surveyor, Drainage Board and Board of Commissioners; Hamilton County Soil and Water conservation District office; Indiana Natural Resources Commission; Indiana Department of Environmental Management.
S. A brief report describing the water system, sanitary sewer system and storm drainage system. This report should state the source of water, the expected water consumption, method of distribution within the subdivision and any special problems. The proposed sanitary collection system should be reviewed, total estimated effluent determined, and any special problems identified. If septic systems are proposed, the results of a relocation test must be included. General approval of the use of septic systems should be granted by the Hamilton County Board of Health and incorporated into the report. The report should cover the flooding potential of the proposed subdivision and should include the design of the storm water system that would accommodate a 10‐year storm, the pad elevations necessary to keep
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all buildings above the 100‐year flood level, the expected impact of the proposed subdivision’s storm water runoff on any receiving stream or downstream property and the approximate location, size and capacity of any retention basins to be located in or directly affecting the proposed subdivision. Where legal drains are involved, comments from the Hamilton County Drainage Board shall be included. If a flood plain of a water shed in excess of one square mile is involved, reports, recommendations, and approvals, where necessary, from the Indiana Natural Resources Commission shall be included.
T. A statement from the State Highway Department or Town Street
Department concerning rights‐of‐way, road improvements, roadside improvements, roadside drainage, entrances, culvert pipes and other specifications deemed necessary by the Commission or State Highway, County Highway or Town Street Department. The condition of the existing roadway and its suitability to handle its proposed traffic must be specified.
U. A soils map, and its accompanying report from the Hamilton County Soil and Water Conservation District office, showing the soil limitations based upon the intended usage of the land for the proposed subdivision.
V. A description of the protective covenants or private restrictions to be incorporated in the plat of the subdivision shall be provided.
X. An erosion control plan and statement setting forth the method of controlling erosion and sedimentation before, during and following development and construction, i.e., temporary seeding, sediment detention basins, erosion prevention devices and other similar means that meet the Hamilton County Soil and Water Conservation District guidelines for urban development.
28.7 Requirements for Secondary Plat
After the primary plat has received approval, the secondary plat may be presented for approval. The secondary plat may encompass all of the primary plat which has received Commission approval, or it may represent a section of the primary plat for approval. Only that portion of the plat which receives secondary approval may be constructed. Two original MYLAR drawings of the secondary plat and nine (9) copies, or more as needed, shall be drawn to a scale of 50 feet to one inch; provided that if the resulting drawing would be at least 24 inches in shortest dimension, a scale of 100 feet to one inch may be used.
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Table 28.7A
Required Documentation – Secondary Plat Submission
Portions of these requirements may be waived by the Administrator if in his/her judgement they are not applicable to the petitioner’s application. HOWEVER, the Commission may reinstate any of the waived requirements it deems necessary.
On the Plat Drawing
A. Name of the subdivision, followed by the words “Secondary Plat” and the date of submission or latest revision.
B. Names, addresses and telephone numbers of the owner, subdivider and
Registered Land Surveyor, in accordance with State Statutes and licensed to do business in the State of Indiana, who prepared the plat with his signature, seal and the date on each page of the plat.
C. Accurate tract boundary lines showing dimensions, angles, bearings, existing monuments, existing markers, reference corners and benchmarks. All shall be described according to recognized practice based on accurate distances and directions with reference to section, township and range.
D. Source of title to the parcel of land to be subdivided as shown in the books of the Recorder of Hamilton County, Indiana as proof of ownership.
E. The accurate locations of all existing and proposed streets and rights‐of‐way on and adjoining the proposed subdivision showing the names (which shall not duplicate other names of streets in the community), right‐of‐way widths and roadway widths.
F. Complete curve notes for all curves included in the plat.
G. Accurate dimensions, angles and bearings of all lots and other property or parcels of land to be dedicated or reserved for public, semi‐public or community use within the proposed subdivision plus lot numbers.
H. Accurate location, type, material and size of all monuments and markers proposed.
I. Accurate locations and widths of all easements, indicating their use for drainage or utilities, and any limitations in such easements. These utility easements include, but are not limited to, water, gas, sanitary sewage, street lights, electric, telephone and cable television.
J. Building setback lines.
K. Scale and north arrow.
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L. Legends and notes.
M. Certification of dedication of streets and other public property.
N. Registered Land Surveyor’s certificate.
O. Certificate for approval by the Commission, which shall be on each and every page of the secondary plat.
P. Restrictions of all types which will run with the land and become covenants in the deeds for the lots in the proposed subdivision.
Q. The Subdivider Agreement Forms, as shown in Appendix, shall be completed and submitted with the secondary plat.
R. Application and certified check or money order for the applicable fees. Supporting Data and Information
S. Any changes to the plat from the specifications of the secondary plat which
alter the conclusions or recommendations contained in the reports submitted with the primary plat will require amended reports as specified in the primary plat requirements will need to be submitted. If there are no changes which need to be brought to the attention of the Commission, the developer can simply submit a letter indicating that the reports submitted with the primary plat are still relevant.
Requirements for Construction Plan
Before secondary plat approval can be granted, the subdivider must submit three (3) copies, or more as needed, of the construction plans for the improvements to be installed in the subdivision in accordance with the provisions of this ordinance. A Professional Engineer or Registered Land Surveyor licensed to do business in the State of Indiana should prepare the plans in accordance with State Statutes. The following should be included in the Construction plans, however the portion of these requirements may be waived by the Administrator if in his/her judgement they are not applicable to the petitioner’s application. HOWEVER, the Commission may reinstate any of the waived requirements it deems necessary. A. The proposed method of sewage disposal, with detailed plans and profiles
of proposed sanitary sewers, with connections to the main sewer system. If a central system is used, a statement from the appropriate sewage treatment authority that the plans, as proposed, are satisfactory. If septic tanks used, plans shall show the proposed private sewage disposal tests with results shown at each test location and that the water table at the proposed location is more than 30 inches below the ground surface. This shall be accompanied by a statement from the Hamilton County Health Board that the septic tanks should work as proposed.
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B. The proposed water supply and detailed plans and specifications of the
water distribution system, providing a drawing indicating the connections proposed to the public water supply or the type of well system contemplated for each lot and the proposed location of the well.
C. A drawing and construction plan of the proposed method of drainage.
D. If a storm sewer or similar type of system is used, provide details showing connection to the main system or method of disposition into stream, retention reservoir, etc., distance to stream outlet, locations and sizes of lift stations, manholes, inlets, junction boxes and other necessary appurtenances.
If surface drainage is used, show roadside ditches, swales, grassed waterways, water courses, open ditches, roll curb and gutter sections and road culverts. Details to be shown should include, as necessary, type, location, size, typical cross‐sections, depths, grades, profiles and other information as to the adequacy of the outlet drain or detention reservoir. Show off‐site drainage swales, ditches and any other facilities that discharge onto the site of the proposed subdivision.
E. The elevations at each corner of every lot and a minimum house pad
elevation. F. Detailed plans, profiles, cross‐sections and specifications of streets within
the adjoining and proposed subdivision, including roadway widths, pavement widths, rights‐of‐way, construction gradients, types and widths of pavement, curbs, gutters, sidewalks, crosswalks, entrance detail and other pertinent data.
G. Detailed plans of the proposed street lighting system showing locations, type, wattage, height, easements, wiring location if the lights are not to be installed at the time of construction of t6he subdivision, etc. Final decision on street lighting installation shall be made by the appropriate authorities.
H. Detailed plan of the fire hydrant system and their easements.
Y. Detailed plan of the proposed landscape plan, where required, showing locations, size, kind, etc., of existing and proposed trees, shrubbery and screening materials.
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28.8 Provisions for Financial Performance and Maintenance Guarantees for Subdivisons
As a prerequisite to secondary plat approval, the subdivider shall agree to provide financial performance and maintenance guarantees for public facility improvements and installations to be constructed in and, as necessary for proper connection and system coordination, adjoining the proposed subdivision. The public facility improvements and installations shall include streets (base and paving, individually), curbs and gutters, sidewalks, storm water drain and storm sewer systems, sanitary sewer systems, water supply systems, street name signs, monuments and markers and the various appurtenances related thereto. All construction shall be according to plans submitted as portion of secondary plat and accompanying data, subject to standards and specifications cited herein. Non‐public facility improvements and installations shall be subject to financial guarantees established by their ownership.
Performance Guarantee
Prior to or at the time of secondary plat approval, the subdivider shall be required to provide financial performance guarantee, by certified check, performance bond, or any irrevocable, unconditional, acceptable letter of credit issued by a financial institution acceptable to the Town Council, that all public facility improvements and installations required under the provisions of this ordinance shall be completed. Bonds, checks, and letters are to run to: a) if within the Town of Sheridan jurisdiction to the Town of Sheridan; or b) if Hamilton County jurisdiction to the Board of Commissioners of Hamilton
County. Said financial performance guarantee shall be conditioned upon the following: The completion of public facility improvements and installations shall be within two (2) years from the recording of the secondary plat; A penal sum shall be fixed and approved by the Town Council equal to 100 percent of the total estimated current cost of the town or county of all public facility improvements and installations provided in the secondary plat and accompanying data according to specifications cited herein; Each public facility improvement or installation provided in the secondary plat or accompanying data shall be bonded individually, or shall have an individual certified check or letter of credit to cover the penal sum, and shall not have the performance guarantee provided in combination with any of the other public facility improvements and installations. The performance bond, certified check, or letter of credit shall be issued in the name of the Town of Sheridan, or other responsible party as determine by Town Council.
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Extension of Completion Time and Non‐Performance
Should the subdivider not complete the public facility improvements and installations as required within the stated two (2) year period, the Town Council may approve an extension of time of up to two (2) additional years, granted at six (6) month intervals, for completion of the required public facility improvements and installations. Should the sub‐divider not complete the public facility improvements and installations as herein required within the two (2) year period or within any time extension approved by the Town Council the proper authorities may take the necessary steps to proceed with the completion of the public facility improvements and installations, making use of the certified check, performance bond or letter of credit.
Release of Performance Guarantee
Upon the completion of the required public facility improvements and installations according to the recorded secondary plat, approved development plans, accompanying data and the standards cited herein, the subdivider shall provide the Zoning Administrator with two (2) sets of as‐built drawings showing all site improvements, including but not limited to drainage and sewage systems, water distribution systems, signs, and monuments as they were constructed and installed, and including certificates by a Professional Engineer or Land Surveyor that all improvements were installed as shown and in conformance with this ordinance and all applicable standards and requirements of the appropriate governmental jurisdictions. The subdivider may then request the release of the performance guarantee posted with the proper authority. Upon the receipt of a maintenance guarantee the proper authority shall release the performance guarantee within sixty (60) days. The performance guarantee for each individual public facility improvement or installation may be handled separately and shall in no way be contingent on the completion of any of the other individual public facility improvements and installations or their performance guarantees.
Maintenance Guarantee
Prior to the release of the performance guarantee, the subdivider shall be required to provide financial maintenance guarantee, by certified check or maintenance bond, that all public facility improvements and installations required under the provisions of this ordinance shall be maintained according to specifications cited herein. Bonds and checks are to run to: a) Town of Sheridan jurisdiction: Town of Sheridan, or in b) Hamilton County jurisdiction: Board of Commissioners of Hamilton County.
Said financial maintenance guarantee shall be conditioned upon the following: The maintenance guarantee shall run and be in force for a period of three (3) years from the date of release of the performance guarantee.
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A penal sum shall be fixed and approved by the Town Council but in no case shall the penal sum be less than 15% of the total performance guarantee for streets and 10% of the performance guarantee for all other public facility improvements and installations. The minimum maintenance guarantee to be posed for streets shall be no less than $5,000.00. Each public facility improvement or installation shall be bonded individually, or have an individual certified check to cover the penal sum, and shall not have the maintenance guarantee provided in combination with any of the other public facility improvements and installations. The maintenance bond shall be issued in the name of the Town Council. All certified checks provided for financial maintenance guarantee shall be signed by the subdivider alone.
Release of Maintenance Guarantee
All maintenance bonds shall expire at the end of the three (3) year period for which they were established. Within 60 days of the expiration date, the proper authority shall return said expired maintenance bonds to the subdivider. In the case where a certified check has been posted as a maintenance guarantee, the subdivider shall, at the end of the three (3) year maintenance period, contact the proper authority in order to obtain the release of the maintenance guarantee. The proper authority shall return said maintenance guarantee to the subdivider within sixty (60) days. The maintenance guarantee for each individual public facility improvement or installation may be handled separately and shall in no way be contingent on the completion of any of the other individual public facility improvements and installations or their maintenance guarantees.
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Table 28.9A
Standards of Design and Improvements for Subdivisions
The secondary Plat of the subdivision shall conform to the following principles
and standards of design.
A. The subdivision layout shall conform in all essential respects with this
Ordinance as amended, and elements of the adopted comprehensive Plan
for the Town of Sheridan, Indiana and its jurisdiction.
B. The subdivision layout shall be in full compliance with the provisions of the
zoning districts in which it is located and the provisions of the Zoning
Ordinance.
C. The subdivision layout shall be designed in accordance with the principles
and standards contained in this ordinance with the objective of achieving
the most advantageous development of the subdivision and adjoining areas.
D. Land subject to period flooding shall not be subdivided for residential
occupancy nor for any other use which might involve danger to health, life
or property or aggravate the flood hazard, and such land within any
proposed subdivision shall be reserved for uses which will not be
endangered by periodic or occasional inundation.
Street Layout and Design
The street and alley layout shall provide access to all lots and parcels of land
within the subdivision, and where streets cross other streets, jogs shall be
created only where essential and appropriate. Street jogs with centerline
offsets of less than 150 feet shall not be permitted.
Proposed streets shall be adjusted to the contour of the land so as to produce
usable lots and streets of reasonable gradient.
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. Consideration shall be given to providing access to adjacent,
underdeveloped tracts of ground, including temporary vehicle turnarounds
where streets are extended to a tract boundary line.
Proposed streets in the subdivision shall provide for the continuation of existing,
planned, or platted streets on adjacent tracts, unless such continuation shall be
prevented due to topography or other physical condition, or unless such
extension is found by the Commission to be unnecessary for the coordination of
development between the subdivision and such adjacent tract.
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.
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Minimum rights‐of‐way and roadway widths for streets shall conform to the
Thoroughfare Plan, as shown below:
Cul‐de‐Sac streets shall not exceed 600 feet in length. All cul‐de‐sacs shall
terminate in a circular right‐of‐way with a minimum diameter of 150 feet and a
minimum pavement diameter of 100 feet, or other approved arrangement for
the turning of all vehicles conveniently within the right‐of‐way. Where cul‐de‐
sac streets extend from another cul‐de‐sac or dead‐end street, the total length
of both streets shall not exceed 600 feet.
Alleys should be included in all areas where needed for loading and unloading or
access purposes. Alleys in commercial and industrial areas shall be at least 20
feet in pavement width. Where alleys are provided, they shall terminate at
streets or in an area with sufficient space for turning around of vehicles. Alleys
shall be developed as fully paved surfaces, built in accordance with the
standards of the Town of Sheridan.
Alleys shall be discouraged in new residential districts, but where alleys are
included in residential areas the following design requirements apply:
Alleys shall be at least twelve (12) feet in width.
Easements or rights‐of‐way for residential alleys shall be sixteen (16) feet in
width.
Alleys shall not exceed six hundred (600) feet in length for any given block.
Alleys shall terminate at streets.
Where alleys exist on two or more adjacent blocks, they shall be made to
align with one another.
Access from alleys to lots fronting on residential streets shall be restricted
by means of a non‐access easement at least five (5) feet in width
immediately adjacent to the alley easement.
Alley parking shall be restricted to garages and areas adjacent to garages.
On‐alley parking shall be prohibited.
Functional Classification Right‐of‐Way Width (feet) Pavement Width (Feet)
Primary Thoroughfare 120 44
Secondary Thoroughfare 80 44
Collector Street 60 36
Local Access Street: Commercial 60 30
Local Access Street: Residential 50 30
County Streets* 50 30
Cul‐de‐Sac 50 30
*Streets subject to annexation within a reasonable period of time (determined by the
Commission) shall be subject to Town requirements.
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The centerline of streets should intersect as nearly at right angles as possible,
but not less than at 75⁰.
At intersections of streets and/or streets and alleys; property line corners shall
be rounded by arcs of at least 20 feet radii or by chords of such arcs.
If the smaller angle of intersection of two streets is less than 90 degrees, the
radius of the arc at the intersection of property lines shall be increased as
deemed advisable by the Commission.
Intersections of more than two (2) streets at one point shall not be permitted.
Where parkways or special types of streets are involved, the Commission may
apply special standards to be followed in their design.
Whenever the proposed subdivision contains or is adjacent to a railroad right‐
of‐way or a state highway provision shall be made for a frontage road or a
parallel street at a distance acceptable for the appropriate use of the land
between the highway or railroad and such streets.
Curvature measured along the centerline shall have a minimum radius as
follows:
Arterial Streets – 500 Feet
Feeder Streets and Parkways – 400 Feet
Residential Streets – 150 Feet
Cul‐de‐Sac – 100 Feet
Between reversed curves on streets, there shall be a tangent of not less than
100 feet on streets with a right‐of‐way greater than 50 feet. The minimum
tangent shall be 50 feet on streets with a right‐of‐way of 50 feet or less and that
are 1250 feet or more in length from intersection to intersection or from
intersection to the center point of the circle terminating a cul‐de‐loop. There
shall be no minimum tangent on streets with a right‐of‐way of 50 feet or less
than 1250 feet in length.
Maximum Grades for streets shall be as follows:
Arterial Streets, not greater than six percent (6%).
Feeder and Residential Streets and Alleys, not greater than eight percent
(8%).
Cul‐de‐Sac within the turning area, not great than three percent (3%).
Minimum street grade shall be 0.50 percent (1/2%).
Where the subdivision abuts or contains a major arterial, parkway, or collector
as designated in the thoroughfare section of the Comprehensive Plan, the
Commission shall require that measures be taken to reduce the impact of heavy
traffic on the residential lots fronting upon such a thoroughfare, and to afford
separation of through and local traffic, through one of the following means:
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By providing vehicular access to such lots by means of a frontage place
separated from the thoroughfare right‐of‐way by a planting strip at least
twenty (20) feet in width and connection therewith at infrequent intervals.
By providing vehicular access to such lots by means of a residential alley
running along the rear lot lines of the lots to be served and with vehicular
access to such lots from the thoroughfare prohibited by means of a non‐
access easement at least five (5) feet in width running alongside the
thoroughfare right‐of‐way.
By designing lots having access only from a parallel or perpendicular minor
street, a cul‐de‐sac, or a loop street, and with vehicular access to such lots
from the thoroughfare prohibited by means of a non‐access easement at
least five (5) feet in width running alongside the thoroughfare.
If lots are designed within fifty (50) feet of a major arterial, parkway, or collector
thoroughfare they must conform to the following required standards.
Frontage places included in residential areas shall conform to the following
design requirements:
Frontage places shall be at least sixteen (16) feet in width.
Frontage places shall be separated from the thoroughfare right‐of‐way by a
planting strip at least twenty (20) feet in width and extending for the length
of one (1) lot past the terminal thoroughfare access points.
Fences shall not be erected within the mandatory twenty‐foot (20) planting
strip.
Frontage places shall be neither less than two hundred fifty (25) feet nor in
excess of six hundred 9600) feet in length between thoroughfare access
points, excepting cases in which the total length of the frontage place is less
than two hundred fifty (250) feet.
Thoroughfare access points shall be a minimum of two hundred fifty (250)
feet from the intersection of major arterials, parkways, and collectors as
designated in the thoroughfare section of the Comprehensive Plan.
Easements or rights‐of‐way for frontage places shall be twenty (20) feet in
width.
Frontage places shall terminate at streets.
Frontage places shall be developed as fully paved surfaces built in
accordance with the standards of the Town of Sheridan.
If lots are designed beyond fifty (50) feet of the proposed or dedicated right‐of‐
way for a major arterial, parkway, or collector thoroughfare, the area between
such thoroughfare’s right‐of‐way and lot lines shall be reserved for natural open
space or maintained common area.
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The recommendation of the most appropriate method of accomplishing the
desired purpose in a specific instance shall be made by the developer and the
secondary decision made the Commission after giving consideration to
topography and other physical conditions, the character of existing and
contemplated development in the subdivision and its surroundings, and other
pertinent factors.
There shall be no private streets platted in any residential subdivision and every
residential subdivided property shall be served from a publicly dedicated street.
Streets in commercial or industrial subdivisions shall be reviewed so that proper
provisions are made for maintenance and access. A petition for public
dedication of private streets at some future time shall not be granted until said
streets are upgraded to the then current specifications and standards for like
public streets, with the upgrading cost to be borne by the petitioners.
Subdivisions consisting of fifteen (15) lots or more shall have at least two (2)
points of access. This access is to be from a through street (feeder, arterial, or
collector) or, where the plan commission finds it to be appropriate, the
continuation of existing, planned or platted streets on adjacent tracts, or the
extension of proposed streets to the boundary of the subdivision.
Where subdivision access is from a primary or secondary thoroughfare, or a
collector street, acceleration/deceleration lanes and a passing lane shall be
provided at each intersection per the following chart:
Where a cul‐de‐sac or single outlet subdivision outlets onto a primary or
secondary thoroughfare or collector street, wider street widths and longer
acceleration / deceleration lanes than the above minimum requirements may
be required by the Commission; based on the standards established in the
American Association of State Highway Engineers Manual.
Blocks should not exceed 1500 feet in length, or be less than 250 feet in length
between the right‐of‐way lines. In any residential block more than 800 feet in
length, a painted crosswalk of not less than 10 (ten) feet in width may be
required where necessary to provide convenient access to schools, playgrounds,
shopping centers and other community facilities.
Functional Classification Controlling Dimensions (feet)
A B C D Primary Thoroughfare 250 100 150 100 Secondary Thoroughfare 250 100 150 80 Collector Street 100 100 100 60
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Blocks shall be of sufficient width to permit two (2) tiers of lots of appropriate
depth, except where an interior street parallels a Limited Access Highway, a
Railroad right‐of‐way, or a waterway.
All lots shall abut and have access to a street; said lots each having aminimum
frontage at the street right‐of‐way of fifty (50) feet. The required lot width cited
in the Zoning Ordinance shall be at the building setback line.
Sidelines of lots shall be at approximately right angles to straight streets and on
radial lines on curved streets. Some variation from this rule is permissible, but
pointed or very irregular lots should be avoided.
Double frontage lots (through lots) shall not be platted, except that where
required along an arterial street, parkway, or collector, the principal structure
shall face such thoroughfares. In that event a non‐access easement at least
twenty (20) feet in width, shall be provided along the front of the lot.
Widths and areas of lots shall be not less than that provided in the Zoning
Ordinance for single‐family dwellings for the district in which the subdivision is
located, except that when a water main supply system or a sanitary sewer or
storm sewer are not available the lot area necessary to install a private water
supply or private sewage disposal on the lot in accordance with the Zoning
Ordinance regulations shall become the required minimum lot area.
Corner residential lots shall be wider and larger than interior lots in order to
permit appropriate building setbacks from both streets.
Wherever possible, planned and coordinated commercial and industrial
complexes, based upon sound development standards should be designed in
contrast to the platting of lots for individual commercial and industrial uses.
Where lots are located adjacent to arterial, parkway, or collector streets as
designated in thoroughfares section of the Comprehensive Plan, dwellings on
such lots shall face such thoroughfares.
Where alleys are not provided, easements for utilities shall be provided. Such
easements shall have minimum widths of 20 feet and where located along lot
lines, one‐half of the width shall be taken from each lot. Lots on the outside
perimeter of a subdivision, where lots do not abut another subdivision, shall
provide an easement 15 feet in width. Before determining the location of
easements the plan shall be discussed with the local public utility companies to
assure their proper placing for the installation of such services.
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Where a proposed subdivision is traversed by any stream, watercourse, or
drainage way, the subdivider shall make adequate provision for the proper
drainage of surface water, including the provision of easements along such
streams, watercourses, and drainage ways, in accordance with the standards
established by the Town.
Utility easements in private rights‐of‐way or in common use recreation areas
may be constructed in any easements, except in a drainage easement where
they would cause an obstruction to a watercourse or to a flow of water. Fences
located in easements are subject to removal by persons properly authorized to
use said easement.
Building setback lines shall be provided in the Zoning Ordinance. Vision
clearance shall be shown as required by the Zoning Ordinance where front yards
do not provide same.
Required Improvements by Subdivider
The subdivider shall required to provide an install certain minimum
improvements in the subdivision as a condition for approval of the Secondary
Plat by the Commission. All such required improvements shall be constructed in
accordance with the minimum requirements of these regulations and the
construction standards and specifications adopted by the jurisdiction over a
particular improvement. Nothing contained herein, however, shall be construed
as prohibiting the subdivider from installing improvements meeting higher
standards than the minimum requirements.
Monuments and markers shall be set by the subdivider. Monuments and
markers shall be placed 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.
Monuments shall be of stone, pre‐cast concrete or concrete poured in place
with minimum dimensions of four inches by four inches by 36 inches, set
vertically in place. They shall be marked on the top with an iron or copper
dowel set flush with the top of the monument, scored on top with a cross.
Monuments shall be set:
At the intersections of all lines forming angles in the boundary of the
subdivision.
At the intersections of all lines forming angles in the boundary of the
section, if the subdivision is platted by sections.
Monuments to be placed in streets shall be of brass, iron or steel pin, 24 inches
in length, ½‐inch minimum diameter with 1 ½‐inch minimum diameter head, set
vertically in place. Said monuments shall be set:
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At the intersection of all street centerline.
At the beginning and ending of all curves along street centerline.
Any section, half section or quarter section monument located in a street shall
re‐established by the Hamilton County Surveyor and shall be provided with an
Indiana State Highway Department standard monument box.
Markers shall consist of iron pipes or steel bars with minimum dimensions of 36
inches in length and 5/8‐inch in diameter. Said markers shall be set:
At all points where lot lines intersect curves, either front or rear.
At all angles in property lines of lots.
At all other lot corners not established by a monument.
The subdivider shall submit two (2) copies of the plat of the subdivision
indicating the placement of all monuments and markers installed or existing.
Said plat shall be certified by a Registered Land Surveyor, in accordance with
State Statues and licensed to do business in the State of Indiana, and approved
by the Commission.
Streets (and alleys, where provided) shall be completed to the specifications
shown on plans, profiles, cross‐sections, etc., provided by the subdivider and
prepared by a Professional Engineering or Registered Land Surveyor, in
accordance with State Statutes and licensed to do business in the State of
Indiana, and approved by the Commission.
The streets shall be graded, surfaced and improved in accordance with current
standards and specifications of the authority with the responsibility of final
acceptance of said streets.
In all cases where streets are being finally surfaced in any subdivision, the
Building Commissioner shall be called and notified for the purpose of inspecting
the final surfacing of any street in any subdivision within the jurisdiction of this
ordinance and he may in turn notify the Town Engineer or County Engineer as
appropriate, and the failure of any contractor, subcontractor or subdivider to
comply with this mandatory provision may result in non‐acceptance of the
street by the proper authorities. The responsibility for compliance with this
provision shall be solely with the subdivider shown on such Completion Bond as
the principal obligor.
The subdivider shall provide the subdivision with a complete sanitary sewer
system which shall connect with a sanitary sewage treatment facility that when
such approved outlet is not reasonably available, one of the following methods
of sewage disposal may be permitted at the determination of the Town Council;
provided, however, that a private sewage disposal system on individual lots
consisting of a septic tank and tile absorption field shall be approved by the
Hamilton County Board of Health.
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A complete sanitary sewer system to convey the sewage to a treatment plant,
to be provided by the subdivider in accordance with the standards and
specifications of the Indiana Department of Environmental Management and
with the current standards of the Town of Sheridan.
Private sewage disposal system on individual lots consisting of a septic tank and
tile absorption field or other approved sewage disposal system, when laid out in
accordance with the standards and specifications of the Hamilton County Board
of Health. This type of individual sewage disposal system is the responsibility of
the builder and not of the subdivider.
The plans for the installation of a sanitary sewer system shall be provided by the
subdivider and approved by the appropriate authority with control over the
sanitary sewage. This shall require Indiana Department of Environmental
Management approval, including a SPC‐15 Construction Permit. Upon
completion of the sanitary sewer installation, two (2) copies of the plans for said
system as built shall be filed with the Building Commissioner.
The subdivider shall provide the subdivision with a complete water main supply
system, which shall be connected to a municipal or a community water supply
approved by the Indiana Department of Environmental Management except
that, when such municipal or community water supply is not available, the
subdivider shall provide an individual water supply on each lot in the subdivision
in accordance with the current standards of the Town of Sheridan and the
standards and specifications of the Indiana Department of Environmental
Management and the Hamilton County Board of Health.
Plans for the installation of a water main supply system shall be submitted by
the subdivider and these plans and systems shall be built in accordance with the
current standards of the Town of Sheridan or the standards and specifications of
the appropriate public or private utility service. Upon completion of the water
supply installation, two (2) sets of plans for such system as built shall be filed
with the Building Commission.
In reference to standards for sewers and water, the phrase “the subdivider shall
provide” shall be interpreted to mean that the subdivider shall install the facility
referred to, or, whenever a private sewage disposal system or an individual
water supply is to be provided, that the subdivider shall require, as a condition
of the sale of each lot or parcel in the subdivision, that the facilities referred to
in these sections shall be installed by the builder of the structure on the lots in
accordance with these regulations.
The subdivider shall provide the subdivision with an adequate storm water
sewer system in accordance with the current standards of the Town of Sheridan
whenever curb and gutter is installed and whenever the evidence available to
the Commission indicates that the natural surface drainage is inadequate.
When the surface drainage is adequate, easements for such surface drainage
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shall be provided in accordance with the current standards of the Town of
Sheridan. Deep open ditches for drainage are not permitted in the right‐of‐way,
but where curb and gutter are not provided, a shallow swale with its low point
at least three (3) inches below the elevation of the subgrade of the pavement
may be permitted. All open drainage ditches and swales shall be constructed in
exact conformance with the submitted plans and specifications and the entire
ditch or swale seeded or sodded in accordance with the guidelines of the
Hamilton County Soil and Water Conservation District and grass maintained
before any improvement location permits shall be issued. This shall apply from
April 15 to September 15. At other times of the year the requirement will be
waived until the following June 03th, at which time the issuance of
improvement permits shall be suspended if the above work has not been
completed.
The subdivider shall provide curbs and gutters on all streets in accordance with
the current standards of the Town of Sheridan.
The installation of sidewalks in all subdivisions within the corporate boundaries
jurisdictional area of the Commission shall be mandatory, said sidewalks being
installed on both sides of the street in front of the house in accordance with the
current standards of the Town of Sheridan. This includes sidewalks on existing
roads with and bordering a subdivision for the length of the roadway that is
adjacent to the subdivision. Sidewalks may be required at the discretion of the
Commission in areas outside the corporate boundaries depending on the
density of development.
The subdivider shall provide the subdivision with standard street name signs at
the intersection of all streets, in accordance with the current standards of the
Town of Sheridan.
The subdivider shall provide the subdivision with fire hydrants only where a
public water supply is available to the subdivision, according to current
standards of the Town of Sheridan or the standards and specifications of the
appropriate public or private water utility.
The subdivider shall be responsible for presenting a street lighting plan that may
include street lighting with easements or separate residential dusk‐to‐dawn
lights or other plan acceptable to the Town Council.
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Plat Certificates, Deed of Dedication Commission’s Certificate
The following certificate shall appear on every secondary plat: UNDER AUTHOIRTY PROVIDED BY CHAPTER 174, ACTS OF 1947, ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF INDIANA, AND ALL ACTS AMENDATORY THERETO, AND AN ORDINANCE ADOPTED BY THE TOWN COUNCIL OF THE Town of Sheridan, INDIANA, THIS PLAT WAS GIVEN APPROVAL BY THE Town of Sheridan, AS FOLLOWS: Adopted by the Town of Sheridan Plan Commission at a meeting held _________________________, 20 _____. Town of Sheridan PLAN COMMISSION BY: _______________________________________________________ President, Sheridan Plan Commission ATTEST: ___________________________________________________ Secretary, Sheridan Plan Commission
(SEAL)
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Registered Land Surveyor’s Certificate
The following certificate shall appear on every secondary plat: I ________________________________________, HEREBY CERTIFY THAT I AM A REGISTERED LAND SURVEYOR, LICENSED IN COMPLIANCE WITH THE LAWS OF THE STATE OF INDIANA; THAT THIS PLAT CORRECTLY REPRESENTS A SURVEY COMPLETED BY ME ON ______________________________________, 20 ______. THAT ALL OF THE MONUMENTS SHOWN THEREON ACTUALLY EXIST AND THAT THE LOCATION, SIZE, TYPE AND MATERIAL ARE ACCURATELY SHOWN; AND THAT ALL REQUIREMETNS SPECIFIED IN THE SUBDIVISION ORDINANCE OF THE Town of Sheridan HAVE BEEN MET. ______________________________________________________ Signature ______________________________________________________ Date
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Board of County Commissioners Certificate
The following certificate shall appear on every secondary plat for a subdivision that is located wholly or partially outside the corporate limits of the Town of Sheridan, Indiana, at the time of secondary plat approval by the Town of Sheridan Plan Commission. UNDER AUTHORITY PROVIDED BY CHAPTER 47, ACTS OF 1951, ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF INDIANA, AND ALL ACTS AMENDATORY THERETO, THIS PLAT WAS GIVEN APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS OF HAMILTON COUNTY, INDIANA, AT A MEETING HELD ______________________________________________, 20 ________. BOARD OF COMMISSIONERS OF HAMILTON COUNTY, INDIANA _____________________________________________ Chairman _____________________________________________ Commissioner _____________________________________________ Commissioner ATTEST: _____________________________________
(Name) Hamilton County, Auditor (SEAL)
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Deed of Dedication Forms
A deed of dedication, in substantially the following form, shall appear on every secondary for a subdivision: We the undersigned, _________________________________________, owners of the real estate shown and described herein, do hereby certify that we have laid off, platted and subdivided, and do hereby lay off, plat and subdivide, said real estate in accordance with the within plat. The subdivision shall be known and designated as (Name of Subdivision)_____ _______________________________________________________, an addition to (Political Entity) ________________________________________. All streets and alleys shown and not heretofore dedicated, are hereby dedicated to the public. Front and side yard building setback lines are hereby established as shown on this plat, between which lines and the property lines of the street there shall be erected or maintained no building or structure. There are strips of ground (number) ___________ feet in width as shown on this plat and marked “Easement”, reserved for the use of public utilities for the installation of water and sewer mains, poles, ducts, lines and wires, subject to all times to the proper authorities and to the easement herein reserved. No permanent or other structures are to be erected or maintained upon said strips of land, but owners of lots in this subdivision shall take their titles subject to the rights of the public utilities. (Additional dedications and protection covenants, or private restrictions, will be inserted here upon the subdivider’s initiative or the recommendations of the Commission. Important provisions are those specifying the use to be made of the property and, in the case of residential use, the minimum habitable floor areas.) The foregoing covenants, or restrictions, are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 20___, (a 25‐year period is suggested), at which time said covenants, or restrictions, shall be automatically extended for successive periods of ten (10) years unless changed by vote of a majority of the then owners of the buildings covered by these covenants, or restrictions, in whole or in part. Invalidation of any one of the foregoing covenants or restrictions, by judgement or court order, shall in no way affect any of the other covenants or restrictions, which shall remain in full force and effect. The right to enforce these provisions by injunction, together with the right to cause the removal, by due process of law, of any structure or part thereof erected or maintained in violation hereof, is hereby dedicated to the public, and reserved to the several owners of the several lots in this subdivision and to their heirs and assigns.
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Witness our Hands and Seals this _____________ day of __________________, 20_______. _______________________________________________________ Signature _______________________________________________________ Signature _______________________________________________________ Signature STATE OF INDIANA COUNTY OF HAMILTON Before me the undersigned Notary Public, in and for the County and State, personally appeared ___________________________________________, ___________________________________________________, and _______________________________________________, for each separately and severally acknowledged the execution of the foregoing instrument as his or her voluntary act and deed, for the purposes therein expressed. Witness my hand and notarial seal this ____________________ day of _________________________________, 20 _______. ____________________________________________________________ Notary Public – Signature ____________________________________________________________ Notary Public – Printed My Commission Expires: _______________________________________ I am a resident of ____________________________________ County.
(SEAL)
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Subdivider Agreement Forms
The following agreement shall be included as a submittal with the secondary plat approval application: AGREEMENT The developer shall be responsible for any drainage problems, including standing water, flooding and erosion control, which arise or become evident at any time during the three (3) year maintenance period after the release of the subdivision bond, and which is attributed to a deficiency in subdivision drainage design or construction of drainage improvements. This shall include all pipes, structures, swales, ditches and ponds which are pertinent features to the proper drainage of the subdivision. This responsibility of the developer shall not, however, include problems which are created subsequent to the completion of the subdivision improvements by the improper grading by individual builders or structures and improper grading installed or accomplished by individual homeowners. It is the intent of this agreement that the developer shall specifically provide such sub‐surface drains, or storm sewers or ditches, as are required to properly rectify any drainage problem or sub‐surface water problem which was not contemplated in the original approved subdivision design, including, but not restricted to, disposal of sub‐surface water from footing drains of individual lots. ROAD IMPROVEMENTS: The typical agreement for existing contiguous Hamilton County Roads which are substandard, with Hamilton County is: The developer will put in 12‐inch stone base to the required width of the road, and grade the shoulders to a minimum of six (6) feet width and construction proper side‐ditches, or, provide storm sewer and curbs. This will be the black top grade during construction of subdivision. Then the county will come in and cut our three (3) inches and put in three (3) inches binder asphalt after which the developer will be responsible for one (1) inch of asphalt topping. This is being done as joint projects between county and developer. An agreement shall be executed, in writing, between the developer and Hamilton County specifically detailing the exact work to be accomplished by the developer and that to be accomplished by the County, and shall also state the road or roads or portions thereof which are included. If the subdivision is contemplated to be annexed to the Town of Sheridan, then the agreement shall include the Town of Sheridan as a signatory, which shall be for the purpose of the Town of Sheridan agreeing to accept the maintenance and operation, the improved road facility upon completion of said improvements and completion of annexation. ______________________________________________ _________________ Developer Date _________________________________________________________________ Witness
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SECTION 29 DEVELOPMENT PLAN REQUIREMENTS 29.1 Authority
Due to the nature of some uses to more greatly impact the public health, safety, or general welfare of the community and under the authority granted to advisory plan commissions in IC 36‐7‐4‐1400 Development Plans are required for the following uses in the following districts: R1 Special Exception uses except home occupation R2 Special Exception uses except home occupation CB All uses permitted or special exception C1 All uses permitted or special exception C2 All uses permitted or special exception I All uses
29.2 Application and Jurisdiction
The Administrator is granted authority to review and approve Development Plan in accord with this Section and any final decision of the Administrator may be appealed to the Commission under the same general procedures specified under appeal of a decision of the Board. The approval of any Development Plan must occur prior to the granting of any required Special Exception by the Board and is contingent upon the applicant receiving any required approval of the Board.
29.3 Procedure for Submission of a Development Plan
The following outlines the steps to be taken in the consideration of a petition for a subdivision development plan. The Zoning Administrator may waive or combine steps if in his judgement they are either not applicable to the applicant or it would be more efficient to proceed differently. Failure to follow the steps below will not void an applicant’s request, if the procedure followed substantially complies with the spirit of the approval process which is to allow for a reasonable consideration of the applicant in a public hearing and attention given to the protection of public health, safety, and general welfare. Required publications and public notice requirements may not be waived or modified from the applicable law. Petitions requesting primary and secondary approval at the same time should indicate that on the application. The Commission must give primary approval before secondary approval may be granted. 1. Optional, but recommended: The subdivider should meet with the Zoning
Administrator to discuss the proposed subdivision, determine the zoning designation for the parcel, and receive the proper forms and list of requirements for the proposal.
2. Completed application, fees, development plan drawings and documentation delivered to the Zoning Administrator for review. The Zoning Administrator reviews the submission for completeness, and if complete will place the petition on the Commission’s next meeting agenda
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provided the meeting is to occur at least 15 days from this determination of the Administrator.
3. The petitioner must notify all adjoining property owners of the pending
application before the Town Council. The notification must include the name, address, and phone number of the petitioner or his representative, the name of the proposed subdivision, its total area, the uses of the land, how many lots will result from the subdividing, the current and proposed zoning designation of the parcel, and the date, place, and time of the Commission meeting. The notice must also state that a copy of the application and proposed development plan is on file at the Town offices and is available for inspection by the public during days and times indicated by the Administrator. Notification can be by mail or in person or a combination. If by mail, it must be by certified mail, return receipt requested and must be mailed at least 15 days prior to the date of the hearing. If in person, each property owner must sign that they have received notification. Proof of notification must be presented to the Administrator at least 10 days prior to the meeting.
4. Public Hearing before the Commission on the proposed subdivision.
Following the public hearing, the development plan is to be reviewed by the Commission.
5. Within 45 days, the Commission will provide the applicant in writing with
any proposed changes to the development plan or additional documentation that is needed prior to consideration of approval. When the required changes and/or documentation have been incorporated, the Commission will approve or disapprove the primary development plan. The vote on approval or disapproval will be taken at a public meeting of the Commission. The Commission will issue findings in writing relevant to its decision to approve or disapprove the primary development plan. These findings should generally address the following areas:
a. Compliance with the Comprehensive Plan; b. Coordination of subdivision streets with existing and planned streets or
highways; c. Coordination with, and extension of, facilities included in the
Comprehensive Plan; d. Establishment of minimum width, depth, and area of lots within the
proposed subdivision; e. Distribution of population and traffic in a manner tending to create
conditions favorable to health, safety, convenience and the harmonious development of the town or county;
f. Fair allocations of areas for streets, parks, schools, public and semi‐public buildings, homes, utilities, business and industry, and;
g. Other relevant factors
6. Following the primary development plan approval, the petitioner may apply for secondary development plan approval by submitting to the Zoning Administrator the application, fees, and required documentation of the secondary development plan. The secondary development plan shall
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conform to the primary development plan as approved and may include all, or only a part, of the primary development plan which has received approval and shall conform to all of the requirements for secondary development plan.
7. The Zoning Administrator will within thirty (30) days review the secondary development plan, construction plans, and related materials to determine if the application is complete. If the materials submitted by the applicant are not complete or do not comply with the ordinance, the Zoning Administrator shall inform the applicant in writing, of the deficiencies in his materials. When the Zoning Administrator verifies completion and conformance with the technical terms of the ordinance, he shall place the secondary development plan application on the next Town Council agenda providing that the next meeting is at least thirty (30) days from the determination of completeness.
8. Approval or Disapproval of the Secondary Development plan. After
submission of the secondary development plan by the Zoning Administrator to the Commission, the Commission shall review the secondary development plan, construction plans and other materials. If any changes or other considerations in the secondary development plan, construction plans, or other materials are required or requested by the Commission they shall so inform the applicant in writing. When the required changes and considerations are incorporated into the secondary development plan, construction plans and other materials, the Commission shall then approve or disapprove the secondary development plan and construction plans within 45 days of the receipt of amended material. If the Town Council approves the secondary development plan, it shall affix the Town Council’s seal upon the secondary development plan, together with certifying signatures of the President and Secretary, following the receipt by the proper authorities of financial guarantee of all improvements and installations required. If the Town Council disapproves the secondary development plan, it shall set forth the reasons for such disapproval in its own records and shall provide the applicant with a copy of such reasons. The Building Commissioner shall notify the applicant in writing of the approval or disapproval of the secondary plan, and if approved, inform the applicant that he may proceed with the construction of the subdivision following the recording of the secondary development plan.
9. Recording the Secondary development plan. After the Town Council has approved the secondary development plan the subdivider shall file such development plan for recordation in the office of the Recorder of Hamilton County, Indiana. The application and submission of the development plan for approval shall, in and of itself, constitute the agreement on the part of the applicant that if the secondary development plan is approved by the Town Council, the applicant shall proceed to record the approved secondary development plan within one year after the Town Council grants such approval. Failure to record the secondary development plan within this period shall result in the approval being declared void by the Town Council unless an extension is applied for and granted by the Town Council. Following approval by the Town Council and the recording of the secondary
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development plan, the applicant shall provide the Town Council with a reproducible copy of the secondary development plan and accompanying covenants and including certification and signatures of the Town Council and of the Recorder of Hamilton County, Indiana.
10. Commencing Constriction of the Secondary development plan. Any person, to whom is granted secondary development plan approval for subdivision, who fails to commence construction within eighteen (18) months after such approval has been granted, shall, within thirty (30) days after said eighteen (18) month period, be required to show good cause to the Town Council through the Zoning Administrator why said approval should not be revoked by the Town Council. A failure to show good cause as herein required shall result in the automatic revocation of such approval at the termination of the thirty (30) day period. The application and submission of a development plan for approval shall, in and of itself, constitute an agreement on the part of the applicant that should construction not begin within said eighteen (18) months period and upon notice to the person granted development plan approval, the Zoning Administrator may be empowered by the Town Council to revert and record the tract given development plan approval, as it was recorded prior to the revoked development plan application.
11. Simultaneous Filings. The subdivider may file both primary development plan and secondary development plan simultaneously as long as proper plans and documents are also filed.
29.4 Plat and Documentation Requirements for Development Plan
Portions of these requirements may be waived by the Administrator if in his/her judgement they are not applicable to the petitioner’s application. HOWEVER, the Commission may reinstate any of the waived requirements if deems necessary on the plat drawing. A. Name of the subdivision, followed by the words “Secondary Development
Plan” and the date of submission or latest revision.
B. Names, addresses and telephone numbers of the owner, subdivider and Registered Land Surveyor, in accordance with State statutes and licensed to do business in the State of Indiana, who prepared the plat with his signature, seal and the date on each page of the plat.
C. Accurate tract boundary lines showing dimensions, angles, bearings, existing
monuments, existing markers, reference corners and benchmarks. All shall be described according to recognized practice based on accurate distances and directions with reference to section, township and range.
D. Source of title to the parcel of land to be subdivided as shown in the books
of the Recorder of Hamilton County, Indiana as proof of ownership.
E. The accurate locations of al existing and proposed streets and rights‐of‐way on and adjoining the proposed subdivision showing the names (which shall
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not duplicate other names of streets in the community), right‐of‐way widths and roadway widths.
F. Complete curve notes for all curves included in the development plan.
G. Accurate dimensions, angles and bearings of all lots and other property or parcels of land to be dedicated or reserved for public, semi‐public or community use within the proposed subdivision plus lot numbers.
H. Accurate location, type, material and size of all monuments and markers
proposed.
I. Accurate location sand widths of all easements, indicating their use for drainage or utilities, and any limitations in such easements. These utility easements include, but are not limited to, water, gas, sanitary sewage, street lights, electric, telephone and cable television.
J. Building setback lines.
K. Scale and north arrow.
L. Legends and notes.
M. Certification of dedication of streets and other public property.
N. Registered Land Surveyor’s certificate
O. Certificate for approval by the Commission, which shall be on each and
every page of the secondary development plan.
P. Restrictions of all types which will run with the land and become covenants in the deeds for the lots in the proposed subdivision.
Q. The Subdivider Agreement Forms, as shown in Appendix, shall be completed
and submitted with the secondary plat.
R. Application and certified check or money order for the applicable fees. Supporting Data Information
S. Any changes to the development plan from the specifications of the secondary development plan which alter the conclusions or recommendations contained in the reports submitted with the primary development plan will require amended reports as specified in the primary development plan requirements will need to be submitted. If there are no changes which need to be brought to the attention of the Town Council, the developer can simply submit a letter indicating that the reports submitted with the primary development plan are still relevant. Requirements for Construction Plan
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Before secondary development plan approval can be granted, the subdivider must submit three (3) copies, or more as needed, of the construction plans for the improvements to be installed in the subdivision in accordance with the provisions of this ordinance. A Professional Engineer or Registered Land Surveyor licensed to do business in the State of Indiana should prepare the plans in accordance with State Statutes. The following should be included in the Construction plans, however the portions of these requirements may be waived by the Administrator if in his/her judgement they are not applicable to the petitioner’s application. HOWEVER, the Commission may reinstate any of the waived requirements if deems necessary. A. The proposed method of sewage disposal, with detailed plans and
profiles of proposed sanitary sewers, with connections to the main sewer system. If a central system is used, a statement from the appropriate sewage treatment authority that the plans, as proposed, are satisfactory. If septic tanks are used, plans shall show the proposed private sewage disposal tests with results shown at each test location and that the water table at the proposed location is more than 30 inches below the ground surface. This shall be accompanied by a statement from the Hamilton County Health Board that the septic tanks should work as proposed.
B. The proposed water supply and detailed plans and specifications of the
water distribution system, providing a drawing indicating the connections proposed to the public water supply or the type of well system development planned for each lot and the proposed location of the well.
C. A drawing and construction plan of the proposed method of drainage.
D. If a storm sewer or similar type of system is used, provide details showing
connection to the main system or method of disposition into stream, retention reservoir, etc., distance to stream outlet, locations and sizes of lift stations, manholes, inlets, junction boxes and other necessary appurtenances.
If surface drainage is used, show roadside ditches, swales, grassed waterways, water courses, open ditches, roll curb and gutter sections and road culverts. Details to be shown should include, as necessary, type, location, size, typical cross‐sections, depths, grades, profiles and other information as to the adequacy of the outlet drain or detention reservoir. Show off‐site drainage swales, ditches and any other facilities that discharge onto the site of the proposed subdivision. E. The elevations at each corner of every lot and a minimum house pad
elevation. F. Detailed plans, profiles, cross‐sections and specifications of streets within
the adjoining and proposed subdivision, including roadway widths, pavement widths, rights‐of‐way, construction gradients, types and
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widths of pavement, curbs, gutters, sidewalks, crosswalks, entrance detail and other pertinent data.
G. Detailed plans of the proposed street lighting system showing locations,
type, wattage, height, easements, wiring location if the lights are not to be installed at the time of construction of the subdivision, etc. Final decision on street lighting installation shall be made by the appropriate authorities.
H. Detailed plan of the fire hydrant system and their easements.
I. Detailed plan of the proposed landscape plan, where required, showing
location, size, kind, etc., of existing and proposed trees, shrubbery and screening materials.
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SECTION 30 PLANNED DEVELOMENT CONTROL REGULATIONS
Designated PD – (district in which sited). This district is established to provide for the planned development of areas of five (5) acres or more for the purpose of allowing creative use of lands, including mixed use and varying intensity to better serve the needs of the community and encourage superior site and structural design. Planned Developments shall carry the designation of the district for which most of the land within the development is intended. Planned Developments are permitted in the all districts except R1 and CB. In order to provide greater design flexibility, and to encourage innovative and development techniques and a more efficient use of land, the design and development of uses within these districts may deviate from the standards of the Subdivision Control Regulations, Section 24 of this Ordinance. Planned Developments shall be approved as an amendment to this Ordinance and in conformance with the regulations specified in this section. Condominiums, as defined and regulated in IC 32‐1‐6 (the Horizontal Property Law), cluster developments, zero‐lot line and all developments submitted under the Planned Development Control Regulations of this Ordinance are considered to be Planned Developments and shall conform to this Ordinance. The Planned District is designed to permit, within any residential or commercial zone districts, multi‐use complexes or land use combinations of residential, commercial and noncommercial uses, or single‐use residential, commercial or industrial projects, which due to excellence of planning, design or function can be intermixed, grouped or otherwise uniquely located with maximum cohesiveness, attractiveness and compatibility. Thus, the district provides flexibility and procedural economy, by permitting the broadest range of land use choices within a single district, with adequate land use controls. Under the Planned District classification, particular regard can be given property with unique features or significance, such as unusual topography or landscape amenities; historical, architectural or social significance; or, other special land characteristics. The Planned District is intended to encourage greater creativity in land planning; to encourage superior site and structural design and development; to encourage an efficient, aesthetic and desirable use of open space; to provide for use of land with high functional and aesthetic values; and, to assure compatibility of land uses, both within the Planned District and with adjacent areas. It is intended to provide maximum flexibility in zoning districting and controls in order to meet the changing, diverse developmental needs of the community.
30.1 The Preliminary Development Plan – Conformance
Whenever a Planned Development is proposed for land lying within the jurisdiction of the Commission and before any construction work on the development is started, the developer of the proposed Planned Development or his duly authorized representatives shall prepare and present a Preliminary Development Plan as herein required for Commission approval. The Preliminary Development Plan shall comply fully with the health, zoning and other applicable ordinances, laws and regulations in effect at the time the Preliminary Development Plan is submitted. The Preliminary Development Plan shall cover
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the total area which the applicant intends to develop at a Planned Development and shall indicate whether the development shall be undertaken in one or more phases. Should a platting, variance or special use procedure be necessary as a portion of the Development Plan for the Planned Development, the procedure may be pursued prior to or simultaneously with the Development Plan requirements and procedures as dictated by the situation. If the parcel of land on which the proposed Planned Development is not zoned to permit a Planned Development, the application for rezoning may be filed simultaneously with the application for Planned District approval and processed together. The procedures for preliminary and Final Development Plan approval may be followed concurrently, if the applicant desires and so files, although no Final Development Plan approval shall be granted by the Commission with respect to the phase of the development until it has granted Preliminary Development Plan approval for the total development.
30.2 Consultation with Administrator and Application
Applicants shall meet with the Administrator to review the zoning classification of his site to determine if it is correct to proceed with the Development Plan approval procedure, review the Planned District procedures and any other procedures involved in the project and examine the proposed use and development of the property. The Administrator shall aid and advise the applicant in preparing his application and supporting documentation as necessary. The applicant shall submit five (5) copies, or more if necessary, of the Preliminary Development Plan, together with supporting documentation, and two (2) copies of the written application form.
30.3 Initial Review of the Preliminary Development Plan and Supporting
Documentation by the Administrator; Submission to the Commission. Following the receipt of the written application, Preliminary Development Plan and necessary supporting documents and/or materials by the Administrator, he shall then review the materials solely for the purpose of determining whether the application is complete, in technical compliance with all applicable ordinances, laws and regulations and is to be forwarded to the Commission. If the materials submitted by the applicant are not complete, or do not comply with the necessary legal requirements, then the Administrator shall inform the applicant of the deficiencies in said materials. Unless and until the Administrator formally accepts the Preliminary Development Plan application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to succeeding steps toward Development Plan approval as hereinafter set forth. Within thirty (30) days following the formal acceptance of the application by the Administrator, he shall formally file the application by placing it upon the agenda of the Commission according to the Commission’s Rules of Procedure. The applicant shall file for each Plan Commission member a copy of the Preliminary Development Plan and supporting documents and materials.
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30.4 Public Hearing by the Commission. When the Administrator has accepted and filed the application with the Commission, the Commission or its delegate shall assign a docket number and set a date and time for a public hearing as required by the Rules of Procedure of the Commission. The applicant shall be responsible for the cost and publication of the required published legal notification of the public hearing. The applicant shall also notify all interested parties and property owners as required by the Rules of Procedure of the Commission. The minimum time period for the giving of the notice shall be at least thirty (30) days prior to the initial hearing date. The conduct of the public hearing shall be in accordance to the Commission’s Rules of Procedure. Following the public hearing, the Preliminary Development Plan shall be reviewed by the Commission.
30.5 Approval of Denial of the Application by the Commission.
In determining whether approval shall be granted, the Commission shall consider generally if the Preliminary Plan: A. Creates and maintains a desirable, efficient and economical use of land with
high functional and aesthetic value, attractiveness and compatibility of land uses, within the Planned District and with adjacent uses;
B. Provides sufficient and well‐designed access, parking and loading areas;
C. Provides traffic control and street plan integration with existing and planned public streets and interior access roads;
D. Provides adequately for sanitation, drainage and public utilities, and
E. Allocates adequate sites for all uses proposed, the design, character, grade,
location and orientation thereof being appropriate for the uses proposed, logically related to existing and proposed topographical and other conditions, and consistent with the Comprehensive Plan of Sheridan, Indiana.
The Administrator shall notify the applicant of the approval or denial of the Preliminary Plan and, if approved, inform the applicant that he may proceed with the final development. If the Commission denies the Preliminary Plan, it shall set forth the reasons for such denial in its own records and shall provide the applicant with a copy of such reasons.
30.6 The Meaning of Approval
Approval of a Preliminary Development Plan shall constitute approval of the land uses, densities and general scheme of development depicted on the Preliminary Development Plan. Approval of the Preliminary Plan shall not constitute approval of the Final Development Plan.
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30.7 The Final Development Plan – Conformance A Final Development Plan shall include all of the planned area unless the Planned Development was preliminarily approved on the basis of development in phases, in which event a Final Development Plan may include one or more phases of development of the planned areas. A Final Development Plan shall be consistent and in substantial conformity with the Preliminary Development Plan as approved by the Commission unless the applicant shows reasonable cause for the deviation from the approved Preliminary Development Plan. A Final Development Plan shall conform to all of the requirements for a Final Development Plan as hereinafter set forth.
30.8 Application for approval of the Final Development Plan.
The applicant shall submit five (5) copies, or more if necessary, of the Final Development Plan, together with supporting documentation and two (2) copies of the written application form.
30.9 Initial Review of the Final Development Plan and Supporting Documentation by
the Administrator; Submission to the Commission. Following the receipt of the written application, Final Development Plan and necessary supporting documents and/or materials by the Administrator, he shall then review the materials solely for the purpose of determining whether the application is complete, in technical compliance with all applicable ordinances, laws and regulations and is to be forwarded to the Commission. If the materials submitted by the applicant are not complete, or do not comply with the necessary legal requirements, then the Administrator shall inform the applicant of the deficiencies in said materials. Unless and until the Administrator formally accepts the Final Development Plan application as formally filed for the purpose of proceeding to succeeding steps toward Final Development Plan approval as hereinafter set forth. Within thirty (30) days following the formal acceptance of the application by the Administrator, he shall formally file the application by placing it upon the agenda of the Commission according to the Commission’s Rules and Procedures. The applicant shall file for each Plan Commission member a copy of the Final Development Plan and supporting documents and materials.
30.10 Approval or Denial of the Application by the Commission.
After submission of the Final Development Plan by the Administrator, the Commission shall review the Development Plan and shall approve the Final Development Plan unless it finds that the Final Plan is not consistent and in substantial conformity with the approved Preliminary Plan or fails to satisfy requirements imposed by the Commission as conditions to approval of the Preliminary Development Plan. The Commission shall set forth in its records the reasons for its actions in approving or denying the Final Development Plan and shall provide the applicant with a copy of said reasons if requested. If the Commission approves the Final Development Plan it shall affix the Commission seal upon a MYLAR copy of the approved Final Development Plan, together with the date of approval and the certifying signatures of the Commission president and secretary. The Commission shall inform the Administrator of its decision on
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the Final Development Plan and, if approved, that he may issue Improvement Location Permits as required for the Planned Development upon the receipt by the Town of the financial performance guarantees required herein. The Administrator shall inform the applicant of the Commission’s decision concerning the Final Development Plan, and if approved, that he may apply for Improvement Location Permits for the Planned District upon filing the approved and recorded Final Development Plan with the Administrator and the receipt of the financial performance guarantees by the Town.
30.11 Filing the Final Development Plan
After the Commission has approved and signed the Final Development Plan, the applicant shall file said approved Development Plan with the Recorder of Hamilton County, Indiana and shall file said approved and recorded Development Plant with the Administrator within sixty (60) days following approval.
30.12 Commencing Construction on the Planned Development
Any person to whom approval of a Final Development Plan for a Planned District is granted shall commence construction within twelve (12) months from the date of such approval; or, approval of the Final Development Plan granted by the Commission may be revoked. If construction has not commenced within said twelve (12) month period, then the developer shall, within sixty (60) days following the expiration of said twelve (12) month period, be required to demonstrate good cause to the Administrator why said final approval should not be revoked by the Commission. If the Administrator recommends an extension of the approval of the Final Development Plan, the Commission may extend the time period allowed for commencement of construction for a period of up to twelve (12) months. Failure to do so as herein required shall result in the automatic revocation by the Commission of such final approval at the termination of the sixty (60) day period as set forth above. If final approval is revoked, the Administrator shall notify the developer in writing that he may no longer obtain Improvement Location Permits according to his Final Development Plan.
30.13 Authorization
In no event shall any Improvement Location Permit be issued for improvements located in a Planned District prior to approval of the Final Development Plan by the Commission, filing the approved Final Development Plan with the Administrator and the receipt of the necessary financial performance guarantees by the Town.
30.14 Requirements for Preliminary Development Plan
The owner or developer of the proposed Planned District shall submit five (5) copies, or more if necessary, of the Preliminary Development Plan with his application for Development Plan approval. The Preliminary Development Plan for the Planned District shall be drawn to a scale of fifty feet to one inch (50’ – 1”) or one hundred feet to one inch (100’ – 1”); provided, however, that if the resulting drawings would be over twenty four (24) inches in shortest dimension,
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a scale recommended by the Administrator may be used. The Development Plan shall show: A. Name. The proposed name of the Planned Development followed by the
words “Preliminary Development Plan” and the date of submission or of the latest revision of the Preliminary Development Plan.
B. Owner and Developer Information. Names, addresses and telephone
numbers of the owner, developer and Registered Land Surveyor (in accordance with the State Statutes and licensed to do business in the State of Indiana) who prepared the Preliminary Development Plan with his/her signature, seal and date.
C. Tract and Use Boundaries. Approximate boundary lines of the Planned
Development tract showing dimensions, according to recognized practice, with reference to section, township and range. In addition, the approximate boundaries and acreage of each general land use area within the Planned Development shall be shown.
D. Streets and Right‐of‐Way. Approximate locations of all existing, recorded or
unrecorded, public or private streets and proposed major access streets and related rights‐of‐way on or adjoining the proposed Planned Development.
E. Contours – Existing. Contours at vertical intervals of one (1) foot if the general
slope of the Planned District is less than three percent (3%), of two (2) feet if the general slope of the Planned District is three percent (3%) or more and less than ten percent (10%) or of five (5) feet if the general slope of the Planned District is ten percent (10%) or more. All benchmark references shall be based on National Geodetic Vertical Datum of 1929.
F. Water System. The approximate location, size, and capacity of water mains
intended to serve the site, including the offsite routing and connection to an existing water main.
G. Sanitary Sewer System. The approximate location size, capacity and direction
of flow of sanitary sewer mains and lift stations, including the offsite routing and connection to an existing sanitary sewer main.
H. Storm Drainage System. The approximate location, size, capacity and
Administrator of flow of all major elements of the storm drainage system. If storm sewers (or similar types of system) are proposed, show proposed connection to main system or method of disposition into stream, retention reservoir, etc.; distance to stream outlet; and, if appropriate, approximate size and location of lift stations. If surface drainage is proposed, show approximate location of major swales and typical cross‐section of swales, roadside ditches, grassed waterways, water courses, open ditches, curbs and gutters, approximate location and size of culverts, and method of disposition into streams, retention reservoir, etc. If subsurface drain tile is proposed, show typical connection to storm sewer, outlet in open drain, retention reservoir or other adequate outlet.
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I. Easements. The approximate location and widths of all existing easements,
including stating their use for drainage, utilities or other purposes. J. Flood Plains. The location of any flood plains.
K. Landscaping. A general description of proposed landscaping. Existing
wooded areas should be noted on the plan.
L. Layout. Approximate locations of the various features which will make up the Planned Development. This should form a conceptual plan citing approximate densities and proposed uses.
M. Other Parcels of Land. Parcels of land proposed to be dedicated or reserved
for public schools, parks, playgrounds or other public use.
N. North Point Scale. Both shall be shown on all sheets of the Preliminary Development Plan.
O. Legends and Notes. Legends, notes, approximate total acreage within the
Planned Development plan that would affect the Planned Development favorably or adversely.
30.15 Requirements for Preliminary Supporting Documentation
The developer of the proposed Planned District shall, as dictated by the proposed development, submit two (2) copies, or more if necessary, of the following items to provide supplemental information to the Preliminary Development Plan application: A. Area Location Map. An area location map at a scale of one inch equals
one thousand feet (1” = 1,000’). The map shall show the proposed Planned Development and surrounding area. The area location map may be prepared on an existing base map and shall show the following:
The outline of the proposed Planned Development, its name and location;
Existing adjacent uses;
Existing adjacent zoning classifications and proposed uses;
Any thoroughfares directly related to the proposed Planned Development;
Watershed boundaries, number of acres within each watershed involved and the general overland flow pattern; and
The title of the area location map, its scale, north arrow, the date of the information was placed on the map and the date the base map was prepared.
B. Soils Map. A soils map and its accompanying report from the Hamilton County Soil and Water Conservation District office showing the soil limitations based upon the intended usage of the land proposed for the Planned District.
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C. Traffic Study. A traffic study to include a comparative analysis of present volumes on streets bordering the Planned District or with a direct bearing on the Planned District versus potential capacity volumes of those streets. Consideration should be made of the effect of the proposed Planned District and the traffic it would engender, particularly at peak periods. A circulation plan which will show recommendations for controlling, signalizing, channelizing, parking, storing and warning both pedestrian and vehicular traffic.
D. Drainage Report. A brief report describing the general elements of the proposed storm water drainage system, including curbs and gutters, storm sewers, open drainage waterways, drain tiles, culverts, retention reservoirs and other necessary appurtenances. Among the necessary items of information are approximate locations, sizes, capacity, and typical cross‐sections of the major drainage plan elements. The report should include:
Reference to legal drains located in the Planned District or relating to the Planned District;
The flooding potential of the Planned District;
The general design of a storm water system to deal with such flooding potential; and
The expected impact of the Planned District’s storm water runoff on any receiving stream or downstream property.
Where floodplains, herein, are involved, a statement from the Indiana Natural Resources Commission to the extent it has jurisdiction shall be required with respect to location of floodways and flood plains.
E. Erosion Control Plan. A statement and general plan setting forth the
method of controlling erosion and sedimentation before, during and following development and construction, i.e., temporary seeding, sediment detention basins, erosion prevention devices and other similar means, that meet the Hamilton County Soil and Water Conservation District guidelines for urban development.
F. Service Reports. Service reports or statements, as necessary, may include but not be limited to the following sources: police or sheriff’s departments; fire departments; water and sanitary sewer utilities; electric, gas, telephone and cable television utilities; town, county or state highway departments; School Corporation; Hamilton County Health Department, Surveyor, Drainage Board, and Board of Commissioners; Hamilton County Soil and Water Conservation District Office; Indiana National Resources Commission; and local departments.
G. Metes and Bounds Description. An approximate metes and bounds
description of the boundary of the tract which the Planned District encompasses.
H. Covenants. A general description of restrictions which will run with the
land and become covenants affecting the use of the property within the Planned District.
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30.16 Requirements for Final Development Plan
A Final Development Plan may include all or only a part of the area depicted on the Preliminary Development Plan which has received Commission approval. If the Final Plan is presented in sections for approval, then the applicant shall provide a drawing of the plan of said section with all items included that are required for Final Development Plan approval. The original MYLAR drawing of the Final Development Plan and five (5) copies, or more if necessary, shall be drawn to a scale of fifty feet to one inch (50’ = 1”) or one hundred feet to one inch (100’ = 1”), provided that if the resulting drawing would be over twenty four (24) inches in shortest dimension, a scale recommended by the Administrator may be used. The Final Development Plan shall show: A. Name. The proposed name of the Planned Development, followed by the
words “Final Development Plan” and the date of submission or the latest revision of the Development Plan.
B. Owner and Developer Information. Names, addresses and telephone numbers of the owner, developer and Registered Land Surveyor (in accordance with the State Statutes and licensed to do business in the State of Indiana) who prepared the Final Development Plan with his signature, seal and date. Source of title to the land proposed as a Planned Development as shown by the books of the Recorder of Hamilton County, Indiana, as proof of ownership.
C. Exterior Tract Boundaries and Spatial Location Information. Accurate tract
boundary lines showing dimensions, angles, bearings, existing monuments, existing markers, reference corners and benchmarks. All shall be described according to recognized practice based on accurate distances and directions with reference to section, township and range.
D. Streets and Rights‐of‐Way. Accurate locations of all existing (recorded or
unrecorded, public or private) and proposed streets and rights‐of‐way on or adjoining the proposed Planned Development. Names shall be shown, which shall not duplicate the names of other streets in the township, and roadway or pavement and right‐of‐way widths.
E. Contours. Contours at vertical intervals of one (1) foot if the general slope
of the Planned District is less than three percent (3%), of two (2) feet if the general slope of the Planned District is three percent (3% or more and less than ten percent (10%) or of five (5) feet if the general slope of the Planned District is ten percent (10%) or more. All benchmark references shall be based on National Geodetic Vertical Datum of 1929.
F. Water System. The accurate location, size and capacity of all water mains,
hydrants, valves and other necessary appurtenances on site plus the connection to the offsite water main.
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G. Sanitary Sewer System. The accurate location, size, capacity and direction of flow of all sanitary sewer mains, lift stations and other necessary appurtenances on site plus the connection to the offsite sanitary sewage main.
H. Storm Drainage System. The accurate location, size, capacity and direction of
flow of all elements of the storm drainage system. If storm sewers (or similar type of system) are proposed, show connection to main system or method of disposition into stream, retention reservoir, etc., and the distance to stream outlet, lift stations, manholes, inlets, junction boxes and other necessary appurtenances. If surface drainage is proposed, show swales, roadside ditches, grassed waterways, water courses, open ditches, curbs and gutters, culverts and method of disposition into streams, retention reservoir, etc. If subsurface drain tile is proposed, show connection to storm sewer; outline in open drain, retention reservoir, or, other adequate outlet. Subsurface drains shall not outlet into shallow or intermittent open waterways or curbs.
I. Easements. The accurate location and width of all existing and proposed
easements, including stating their use for drainage or utilities, including but not limited to water, sanitary sewer, storm sewer, electric, telephone, gas, street lights and cable television.
J. Flood Plains. The location of any flood plains.
K. Landscaping and Lighting. General locations of existing and proposed trees,
shrubbery and screening materials as necessary. Accurate locations and type of proposed street and outdoor lighting as necessary.
L. Layout. Approximate locations of the various features which will make up the
Planned Development, not otherwise mentioned herein, including but not limited to buildings, lots, storage areas and parking areas. This should form a conceptual plan citing approximate dimensions and proposed uses.
M. Other Parcels of Land. Parcels of land proposed to be dedicated or reserved
for public schools, parks, playgrounds or other public use, private recreational facilities for the use of the people within the Planned Development and any other areas to be used for community purposes.
N. North Point and Scale. Both shall be shown on all sheets of the Development
Plan.
O. Legends and Notes. Legends, notes, total acreage within the Planned Development, proposed densities and zoning classification.
P. Other Features. Other features or conditions shall be shown on the
Development Plan that would affect the Planned Development favorably or adversely.
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30.17 Requirements for Final Supporting Documentation
The developer of the proposed Planned District shall, as dictated by the proposed development, submit two (2) copies, or more if necessary, of the following items to provide supplemental information to the Final Development Plan application except that if there is no substantial change in the Final Development Plan from the Preliminary Plan, then the item submitted with the Preliminary Plan shall satisfy the requirements of this Section. A. Traffic Study. A traffic study to include a comparative analysis of present
volumes on streets bordering the Planned District or with a direct bearing on the Planned District versus potential capacity volumes of those streets. Consideration should be made of the effect of the proposed Planned District and the traffic it would engender, particularly at peak periods. A circulation plan should be included for all existing and proposed streets, both public and private, which will show recommendations for controlling, signalizing, channelizing, parking, storing and warning both pedestrian and vehicular traffic.
B. Drainage Plan. Detailed drawings and construction plans for all elements of the storm water drainage system, including curbs and gutters, storm sewers, open drainage waterways, drain tiles, culverts, retention reservoirs and other necessary appurtenances, shall be included. Among the necessary items of information are locations, grades, sizes, capacity and typical cross‐sections of the drainage plan elements. A report shall be included concerning:
Legal drains located in the Planned District or relating to the Planned District;
The flooding potential of the Planned District;
The design of the storm water system to deal with such flooding potential and
The expected impact of the Planned District’s storm water runoff on any receiving stream or downstream property.
Where flood plains as indicated by FP, FF or FW Districts herein, are involved, a statement from the Indiana Natural Resources Commission to the extent it has jurisdiction shall be required with respect to location of floodways and flood plains.
C. Erosion Control Plan. A statement and plan setting forth the method of
controlling erosion and sedimentation before, during and following development and construction, i.e., temporary seeding, sediment detention basins, erosion prevention devices and other similar means, that meet the Hamilton County Soil and Water Conservation District guidelines for urban development.
D. Landscaping Plan. A detailed plan of the existing and proposed landscaping
showing location, kind and caliper measurement size of trees, shrubbery and screening materials, as appropriate and required by the Plan Commission.
E. Lighting Plan. Specifics are required concerning the easements, locations,
size, height, type and wattage of proposed street and outdoor lighting.
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F. Signage Plan. All exterior signage proposed to be located in the Planned Development, subject to approval and obtaining of a sign permit prior to erection under the requirements of the Sign Regulations, shall be shown and conformance or non‐conformance with said Ordinance shall be so noted.
G. Service Reports. Service reports or statements, as necessary, may include but not be limited to the following sources: police or sheriff departments; fire departments; water and sanitary sewer utilities; electric, gas, telephone and cable television utilities; town, county or state highway departments; Marion‐Adams Schools; Hamilton County Health Department, Surveyor, Drainage Board, and Board of Commissioners; Hamilton County Soil and Water Conservation District Office; Indiana Natural Resources Commission; local departments; and Administrator.
H. Other Procedural Approvals. Should other procedures related to the
development of the Planned District, such as subdivision platting, special use approval, variance approval, or zoning approval be necessary, the procedures shall be pursued prior to or simultaneously with the Final Development Plan approval procedure. Under no circumstances shall a Final Development Plan approval be approved while any other procedures relating to the application are pending. It shall be the responsibility of the applicant to provide verification to the Commission that all other approvals related to the Final Development Plan are complete and in proper form prior to Final Development Plan approval.
I. Other Construction Plans. Other specific construction plans shall be
submitted as necessary detailing information on, but not limited to, streets, lighting, sanitary sewer system, storm water drainage system, curbs and gutters, sidewalks and the related appurtenances. The required information shall include locations, grades, sizes, capacities, typical cross‐sections and so forth. These plans shall be drawn by a Registered Land Surveyor or a Professional Engineer licensed to do business in the State of Indiana in accordance with State Statutes.
J. Metes and Bounds Description. An accurate metes and bounds description
of the boundary of the tract which is subject to Final Development Plan approval.
K. Covenants. A list of the restrictions, if any, which will run with the land and
become covenants affecting the use of the property within the area subject to Final Development Plan approval. The approved covenants shall be recorded with the Recorder of Hamilton County, Indiana.
L. Construction Timetable. A construction timetable or schedule shall include
the approximate timing of completion and/or occupancy of the improvements proposed in the area subject to Final Development Plan approval.
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M. Certification of Dedication. Certification of dedication of streets, rights‐of‐way and other public property to the proper authorities, except so much thereof as are intended to remain private.
N. Certificate of Commission Approval. Certificate of approval by the
Commission shall be on each and every sheet of the Development Plan.
O. Exterior Elevations, Renderings, Etc. Exterior elevations, renderings depicting the exterior materials to be used, and a list of exterior materials relating to all buildings and other structures proposed in the area subject to Final Development Plan approval, together with Lighting, Landscaping and Signage Plans, shall be submitted to the Commission in order to better define the intent of the proposed development in the Planned District. The architectural design should reflect a unified design which is in character and proper relationship with the surrounding area. Unless required by the Commission, this Section 30.17 shall not apply to detached‐single family residences.
30.18 Ownership Control
The land in a Planned District should be under the control of the applicant at the time of Final Development Plan application, although the Commission shall waive this requirement when there is a written agreement in covenant form among the two or more owners, their assigns, legal representatives, or agents, assuring that the current owners and any future owners shall cooperate in developing the total tract of the Planned District in conformity with the approved Final Development Plan and the proposed schedule for developing the project. This instrument shall be recorded and shall remain a part of the approved Development Plan for the Planned District.
30.19 Provisions for Financial Performance and Maintenance Guarantees for Planned
Districts. As a prerequisite to Final Development Plan approval on projects subject to new construction, the developer shall agree to provide financial performance and maintenance guarantees for public facility improvements and installations to be constructed in and, as necessary for proper connection and system coordination, adjoining the Planned District. All construction shall be according to plans submitted as a portion of the Final Development Plan application and accompanying data, subject to standards and specifications cited herein. Performance Guarantee. Prior to or at the time of Final Development Plan approval, the developer shall be required to provide a financial performance guarantee, by certified check, performance bond or an irrevocable acceptable letter of credit issued by a financial institution acceptable to the Town Council. Bonds, checks and letters are to run to: Town Council, Town of Sheridan, Indiana. The financial performance guarantee shall provide for the completion of all public facility improvements and installations required under the provisions of this Ordinance, and shall be conditioned upon the following:
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The completion of public facility improvements and installations within two (2) years from the approval of the Final Development Plan. A penal sum shall be fixed and approved by the Commission equal to one hundred percent (100%) of the total estimated current cost to the Town of all public facility improvements and installations provided in the Final Development Plan application and accompanying data according to specifications cited herein. Each public facility improvement or installation provided in the Final Development Plan application or accompanying data shall be bonded individually, or shall have an individual letter of credit or certified check to cover the penal sum, and shall not have the performance guarantee provided in combination with any of the other public facility improvements and installations. The performance bond, certified check, or letter of credit shall be issued in the name of the Town Council or other responsible party, as designated by the Town Council.
Extension of Completion Time and Non‐Performance
Should the developer not complete the public facility improvements and installations as herein required within the stated one (1) year period, the Administrator may approve an extension of up to one (1) years, granted at no more than six (6) month intervals, for completion of the required public facility improvements and installations. Should the developer not complete the public facility improvements and installations as herein required within the one (1) year period or within any time extension approved by the Administrator, the proper authorities may take the necessary steps to proceed with the completion of the public facility improvements and installations, making use of the certified check, letter of credit, or performance bond.
Release of Performance Guarantee Upon the faithful completion of the required public facility improvements and installations according to the Final Development Plan and accompanying data and the specifications cited herein, the developer shall inform the Administrator who shall confirm that said public facility improvements and installations have been completed in conformity with this Ordinance. Following said confirmation, the developer shall provide the Administrator with two (2) sets of “as‐built” plans showing the storm water drainage and storm sewer systems, water supply system, sanitary sewer system and monuments and markers as they were installed. The developer may then request the release of the performance guarantee posted with the appropriate authorities. Upon the receipt of a maintenance guarantee, as specified herein, the appropriate authority shall release the performance guarantee within sixty (60) days. The performance guarantee for each individual public facility improvement or installation may be handled separately and shall in no way be contingent on the completion of any
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of the other individual public facility improvements and installations or their performance guarantees.
Maintenance Guarantee
Prior to the release of the performance guarantee, the developer shall be required to provide a financial maintenance guarantee, by certified check or an irrevocable acceptable letter of credit issued by a financial institution acceptable to the Town Council payable to the appropriate authority, or by maintenance bond running to the appropriate authority, that all public facility improvements and installations required under the provisions of this Ordinance shall be maintained according to specifications cited herein. Said financial maintenance guarantee shall be conditioned upon the following: The maintenance guarantee shall run and be in force for a period of three (3) years from the date of release of the performance guarantee. A penal sum shall be fixed and approved by the Town Council but in no case shall the penal sum be less than fifteen percent (15%) of the total performance guarantee for streets and ten percent (10%) of the performance guarantee for all other public facility improvements and installations. The minimum maintenance guarantee to be posted for streets shall be no less than Five Thousand Dollars ($5,000.00). Each public facility improvement or installation shall be bonded individually, or shall have an individual certified check or letter of credit to cover the penal sum, and shall not have the maintenance guarantee provided in combination with any of the other public facility improvements or installations.
Release of Maintenance Guarantee
All maintenance bonds, certified checks or letters of credit shall expire at the end of the three (3) year period for which they were established. Within sixty (60) days of the expiration date, the appropriate authority shall return said expired maintenance bonds, certified checks or letters of credit to the developer. In the case where a certified check or letter of credit has been posted as a maintenance guarantee, the developer shall, at the end of the three (3) year maintenance period, contact the appropriate authority in order to obtain the release of the guarantee to the developer within sixty (60) days. The maintenance guarantee for each individual public facility improvement or installation may be handled separately and shall in no way be contingent on the completion of any of the other individual public facility improvements and installations or their maintenance guarantees.
Project Completion
Each phase of a Planned Development shall be completed according to the proposed schedule established by the final construction and development timetable. All construction shall be in substantial accordance with the Final Development Plan and accompanying documents and materials approved by the Commission. An extension of the developer’s schedule of up to one (1)
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year may be granted by the Administrator with Town Council approval. Further extensions in the construction and development timetable shall be granted by the Town Council upon a demonstration of good cause by the developer.
Modification of the Final Development Plan
After a Final Development Plan has been approved by the Commission and when, in the course of carrying out such plan, substantial changes, adjustments or rearrangements of buildings, parking area, entrances, lighting, utility provisions, storm water drainage, open spaces, landscaping, general use layout and so forth are requested by the developer, he may file change in the Final Development Plan with the Administrator. Accompanying the application form shall be all necessary plans, documents and materials in order to demonstrate the effect of the proposed change in the Final Development Plan. The application for such change shall be placed on the Commission’s agenda according to the Commissions’ Rules of Procedure. The Town Council shall review the application and related materials and shall approve or deny the proposed substantial change in the Development Plan. All changes shall be reviewed for reasonable conformity with the standards established by the Final Development Plan and with the existing development within the Planned District and the surrounding area. If approved, the Administrator may issue Improvement Location Permits for the approved change plus any applicable sections of the original Final Development Plan. If the change is denied, the original Final Development Plan shall still be in force, if all conditions herein have been met. All other procedural approvals must be completed and approved before a change in a Final Development Plan can be approved by the Commission. Where the change in the Final Development Plan alters items that have been platted, such as streets, lots or easements, the developer shall be required to file vacation of the original plat and to replat the tract of ground involved if otherwise required by law to do so. All changes in the Final Development Plan approved by the Commission shall be recorded with the Recorder of Hamilton County, Indiana and filed with the Administrator within sixty (60) days following approval.
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SECTION 31 OPEN SPACE REQUIREMENTS AND GUIDELINES FOR DEVELOPMENT
The requirements of the section shall apply to all residential subdivisions which contain a minimum gross area greater than five (5) acres, and/or which consist of more than four (4) lots. Twenty percent (20%) a project’s gross site acreage shall be designated as open space. The subdivider may reduce the amount of open space provided in a subdivision in any residential district if: The density of the subdivision is reduced by 0.4 lots per acre, and each lot in the subdivision meets the minimum dimensional standards for the applicable zoning district set forth in the Zoning Ordinance.
31.1 Types of Open Space
Within subdivisions, open space is divided into primary categories: a. Designed Open Space. Land areas which are planned and improved into a
project and which are accessible and usable by persons living nearby. Designed Open Space features shall be located within ¼ mile of each residence, and provide focal points for passive or active recreation within neighborhood areas. Unless otherwise approved by Plan Commission, Designed Open Spaces shall assume one or more of the following forms; 1. Neighborhood Parks. May be designed for passive and/or active
recreational use. Neighborhood parks shall be not less than one acre; neighborhood parks shall be bounded by streets on a minimum of 50% of their perimeter, and are encouraged to be enclosed by streets on all sides.
2. Squares. Open areas designed for passive recreational use. Squares shall be no less than 500 square feet in area; Squares shall be bounded by streets on a minimum of three (3) sides.
3. Boulevards. Boulevards are linear open spaces located within a public or
private street and which consist of a linear street median and extra wide tree lawns planted in a formal manner with street trees located on consistent spacing. The following minimum design standards shall apply to boulevard design. The minimum width for center medians shall be twenty five (25) feet. The minimum width for boulevard tree lawns shall be ten (10) feet from the back of curb to the sidewalk. Boulevards may not make‐up more than thirty percent (30%) of overall project open space.
4. Parkways. Parkways are open spaces designed to incorporate natural
settings such as creeks and significant stands of trees within a neighborhood. Parkways differ from boulevards, parks and squares in that their detailing is natural or informally planted. Parkways are to be entirely bounded by streets or pedestrian Right‐of‐Ways within developed areas; Parkways shall be a minimum of fifty (50) feet in width.
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Small‐scale recreational features such as a playground area or soccer field are appropriate placed within parkways.
5. Greenbelts. Greenbelts run along the perimeter of a neighborhood and
may be left natural or developed to provide for recreation opportunities. The open space set‐aside requirement of fifty (50) feet, per section 6.3.19 (4) of the subdivision control ordinance shall not be included as part of a greenbelt unless the area is a minimum of 200 feet wide. Open space areas which are between 50 and 200 feet wide may be included as part of the overall open space calculation. Stormwater management facilities may be located within greenbelts, but shall not comprise greater than fifty percent (50%) of the total greenbelt area. Greenbelt areas shall also be bounded by streets on a minimum of seventy percent (70%) of their perimeter. Greenbelts may not make up more than seventy‐five percent (75%) of overall project open space.
6. Constructed Habitat. Open spaces which are designed, using accepted design practices, to create natural landscape areas, such as woodlands, meadows, or wetlands, that will mature and evolve with the years into quality habitat and passive recreation lands. Construction Habitat areas shall not be less than ½ acre in size; they shall not be less than seventy‐five (75) feet in width. They shall be visible from at least one roadway. Conservative Habitat areas shall be accessible from a minimum of two (2) points of egress.
7. Natural Open Space. Land areas set‐aside in a naturally occurring state,
and used for the purpose of passive neighborhood recreational use, or, to protect scenic views, or, to minimize views of new development from existing roads. Natural Open Space shall include the most sensitive resource areas of a property (Primary Conservation Areas), and should also include locally significant features (Secondary Conservation Areas). Primary Conservation Areas shall be retained in their entirety. They shall be free of all structures except historic buildings or structures directly related to project open space. The Commission may grant approval of structures and improvements required for storm drainage, sewage treatment and water supply within the project open space, provided that such facilities would not be detrimental to the open space land (and that the acreage of lands required for such uses is not credited towards minimum open space requirement for the tract, unless the land they occupy is appropriate for passive recreational use). Unless otherwise approved by the Commission, Natural Open Space Areas shall not: include parcels smaller than three (3) acres; have a length‐to‐width ratio less than 4:1 be less than seventy‐five (75) feet in width, and have less than two (2) point of access.
8. Agricultural Open Space. Land areas set‐a‐side used for agricultural and/or horticultural uses, including pastureland. Also see AG Section for permitted agricultural uses.
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31.2 Primary Conservation Areas
The design of project open space within a subdivision shall preserve in their entirety, the following priority conservation areas: A. All FEMA and IDNR 100 Year Floodways;
B. Federal Jurisdictional Wetlands of ¼ acre or greater, and including adjacent
buffer areas which may be required to insure their protection;
C. Lands occupied, as of __________ 1998, by health woodlands greater than ¼ acre.
D. Historic structures and sites;
E. Public Well‐Head Protection Areas representing a 200’ diameter control area.
31.3 Secondary Conservation Areas
The design of project open space within a subdivision shall, to the fullest extent possible, incorporate any of the following secondary conservation resources listed in descending order of significance: A. Wooded creek/ditch corridors without FEMA designation including adjacent
buffer areas which may be required to insure their protection;
B. Hedgerows, groups of trees, large individual trees of 30” DBH or greater, and other vegetational features representing the site’s rural past;
C. High Voltage electrical transmission lines, within easements.
31.4 Configuration Standards
The configuration of project open space set aside for common use in residential subdivisions shall comply with the following standards: A. They shall be directly accessible to the largest practicable number of lots
within the subdivision. Non‐adjoining lots shall be provided with safe and convenient pedestrian access to project open space land.
B. They shall be suitable for active recreational uses to the extent deemed necessary by the Commission, without interfering with adjacent dwelling units, parking, driveways, and roads.
C. They shall be interconnected wherever possible to provide a continuous
network of open space lands within and adjoining the subdivision.
D. Except in those cases where part of the project open space is located within private house lots, they shall provide for pedestrian pathways for use by the residents of the subdivision. Consideration shall be given to providing for
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public access on such trails if they are linked to other publicly accessible pathway systems within the area.
E. Provisions should be made for access to the open space, as required for land
management and emergency purposes.
F. They shall be undivided by public or private streets, except where necessary for proper traffic circulation.
G. They shall be suitably landscaped either by retaining existing natural cover and wooded areas and/or according to a landscape plan, which specifies plant material adapted to central Indiana’s growing conditions, to protect and/or enhance open space/conservation areas.
H. They shall be made subject to such agreement with the town and such conservation easements duly recorded in the office of the County Recorder as may be required by the Commission for the purpose of preserving the common open space for such uses.
I. They shall be consistent with the Comprehensive Plan.
31.5 Ownership and Maintenance
Applicants shall demonstrate compliance with Open Space land ownership and maintenance standards.
31.6 Planning and Design Standards
The following Planning and Design standards represent minimum general standards to reduce adverse impacts on all Primary and Secondary Conservation Areas. a. Groundwater Resources. To ensure that the groundwater resources of the
Sheridan area are protected for purposes of providing water supplies for its residents and businesses, and to protect the base flow of surface waters, these regulations shall be applied in conjunction with those provided for in __________, dealing with public wellhead protection. The proposed subdivision and land development of any tract shall be designed to cause the least practicable disturbance to natural infiltration and percolation of precipitation to the groundwater table, through careful planning of vegetation and land disturbance activities, and the placement of streets, buildings and other impervious surfaces. The complete sealing of all lakes, ponds, or other water impoundments of any kind located within the one‐year time of travel, shall be required. No lakes, ponds or other water impoundments of any kind shall be allowed within the 200’ radius of a public wellhead. Stormwater management ponds should, where appropriate, be designed to provide for natural vegetative buffers around the perimeter to help filter surface runoff and act as habitat for wildlife. Plantings within these buffers
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should consist of native herbaceous plants and woody plants, and native wetland plants. Pond banks shall be graded not steeper than 5:1, and shall include a fifteen‐foot wide perimeter safety ledge graded at 2% and at a depth of one foot below the permanent pool level. Woodlands. Because of their resource values, all woodlands on any tract proposed for subdivision shall be evaluated by the applicant to determine the extent to which such woodlands should be designated partly or entirely as Project Open Space. 1. Evaluation criteria shall include: Configuration and size of the woodland.
Present conditions, i.e. stocking, health and species composition; Site potential, i.e. the site’s capabilities to support woodlands, based upon its topographic, soil and hydrologic characteristics; Ecological functions; i.e. in protecting steep slopes, erodible soils, maintaining stream quality and providing for wildlife habitats; Relationship to woodlands on adjoining and nearby properties and the potential for maintaining continuous woodland areas.
2. The evaluation of the tract’s woodlands shall be undertaken by a forester, landscape architect, horticulturist or another qualified professional, acceptable to the town. This evaluation shall be submitted as a report and made a part of the Preliminary Plat application. At a minimum, that report shall include one or more maps indicating boundaries and conditions of woodland areas accompanied by a report addressing the evaluation criteria above. In designing a subdivision for any tract, the applicant shall be guided by the following standards: Subdivisions shall be designed to preserve primary and secondary conservation area woodlands. Disturbance or removal of trees within primary conservation areas shall be prohibited. Disturbance or removal of trees within secondary conservation areas shall be undertaken under the director of the Administrator, and only when approved by the Commission on a limited, selective basis to minimize the adverse impacts of such actions to conservation areas. No tree clearing shall be permitted on a site prior to approval of the Final Plat. The determination of sight distance clearances along roadways shall be made graphically, and not by clearing on‐site prior to final plan approval.
3. Historic Structures and Sites. Many of the community’s historic structures and sites (resources) have been extensively researched and remain intact. For purposes of this ordinance, The Hamilton County Interim Report, as amended, published by the Historic Landmarks Foundation of Indiana, shall be the official inventory of historic structures and sites in the Sheridan area. Plans requiring subdivision approval shall be designed to protect existing historic resources of all classes. The protection of an existing historic resource shall include the conservation of the landscape immediately associated with and significant to that resource, to preserve its historic context. Where, in the opinion of the Commission a plan will have a detrimental impact upon a historic resource, the developer shall mitigate that impact to the satisfaction of
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the Commission by modifying the design, relocating proposed lot lines, providing landscape buffers, or other approved means.
4. Trails. When a subdivision is traversed by or abuts a proposed or existing
trail, the applicant shall make provisions for the development of or continuation of the trail. The applicant may alter the course of the trail within the tract for which development is proposed under the following conditions: The points at which the trail enters and exits the tract remain unchanged. The proposed alteration exhibits quality trail design according to generally accepted principles of the Hamilton County Alternative Transportation Plan. The proposed alteration does not coincide with a paved road intended for use by motorized vehicles. Trails shall generally be located within the undivided (common) Open Space lands. In situations where they must cross portions of house lots or conservancy lots, they shall be protected by a permanent conservation and common access easement on the properties on which they are located. The width of the conservation easement shall be a minimum of fifteen (15) feet. The language of the conservation easement shall be to the satisfaction of the Commission upon recommendation of the Commission attorney. An applicant may propose and develop a new trail. If said trail is available for use by the general public and connects with an existing trail, the land area protected for said trail may be credited toward the minimum open space requirement. Trail improvements shall demonstrate adherence to principles of quality trail design recommended in the Hamilton County Alternative Transportation Pathway.
Standards and Design Guidelines A. Trails shall have a vertical clearance of no less than ten (10) feet.
B. Width of the trail surface may vary depending upon type of use to be
accommodated, but in no case shall be less than five (5) feet within common areas and eight (8) feet when located adjacent to or within public thoroughfares.
C. No trail shall be designed with the intent to accommodate motorized
vehicles.
31.7 Standards for Site Preparation and Cleanup
There shall be submitted a conservation plan that addresses the intended use of the Natural and Agricultural Open Spaces. The Conservation Plan shall identify all primary conservation areas, secondary conservation areas, and overall project open space, and describes the conservation practices that will protect and preserve the open space during construction of the project and for its future use. For natural and agricultural open spaces, earthwork, grading, or other construction activities shall be limited to practices identified in the conservation plan and those utilities or roadways that cannot be logically located elsewhere.
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Protection of vegetation from mechanical injury in natural open spaces is required. Where earthwork, grading, or construction activities will take place in or adjacent to Natural open space, a limit of disturbance line shall be shown on the construction plans and the area(s) protected through installation of temporary fencing or other approved measures. Such fencing or other measure shall be installed prior to commencing construction, and shall be maintained throughout the period of construction. Protection of Vegetation from Grading Change. Grade changes to occur at any location of the property shall not result in an alteration to soil or drainage conditions that would adversely affect existing vegetation to be retained following site disturbance, unless adequate provisions are made to protect such vegetation and its root systems. Protection of Vegetation from Excavations. When digging trenches for utility lines or similar uses, disturbances to the root zones of all woody vegetation shall be minimized. If trenches must be excavated in the root zone, all disturbed roots shall be cut as cleanly as possible. The trench shall be backfilled as quickly has possible. Underground tunneling or directional boring of utilities is encouraged to protect the roots of existing vegetation. For Natural and Agricultural Open Space, the soil shall not be compacted, filled, mixed, or displaced. Soil limitations for the intended use should be overcome with conservation practices. The Soil Survey of Hamilton County can be a useful reference. A soil erosion control plan is required for open spaces during the construction period. Existing soil erosion shall be addressed. Grading and earthmoving operations should be scheduled to minimize site disturbance during the period from November 1st to April 1st when revegetation of exposed ground is difficult.
31.8 Landscaping Installation and Maintenance
Installation. All landscaping or reforestation within or adjacent to common areas and buffer areas, required by the approved landscaping plan, and shall be installed during the first planting season after the start of any construction in the development, unless otherwise approved by the Commission. The Plan Commission may require, where appropriate, the installation of landscaping within buffer areas prior to the beginning of construction on any structure requiring a building permit where immediate landscaping is desired to buffer adjacent development during the construction phase of the open space subdivision. Maintenance. It shall be the responsibility of the owners and their agencies to insure proper maintenance of landscaping, or reforestation areas, installed in accordance with the standards set by this Ordinance and as indicated in the landscaping plan which has been approved by the Plan Commission. This is to include, but is not limited to, replacing dead plantings with identical varieties or a suitable substitute and keeping the area free of refuse and debris. Changes after Approval. No landscaping which has been approved by the Commission may later be altered, eliminated or sacrificed without approval of the Commission.
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Inspection. The Plan Commission and the Administrator shall have the authority to inspect the landscaping installation and the maintenance thereof to insure conformance with the approved plan on file.
31.9 Street Trees.
Street Trees shall be provided in all residential subdivisions, as follows: One (1) street tree shall be required for every fifty (50) linear feet of public (or private) street frontage. The street trees need not be placed at 50‐feet intervals, but they must be spaced fairly evenly along the street frontage. The proposed location and species of street trees shall be shown on the landscape plan submitted along with the primary plat and final plat for development. While the intent is to space trees a maximum of every 50‐feet, there will be a need to vary from this requirement due to factors such as the location of utilities, driveways and intersection visibility requirements. Final authority to decide the location of streets shall be with the Administrator. Required street trees shall be installed, whenever possible, within the street right‐of‐way abutting the street. When installation within the right‐of‐way is not possible, street trees shall be installed within a landscape easement abutting the street right‐of‐way. Planting of Street Trees shall occur between the time an Improvement Location Permit is issued, and prior to the Certificate of Occupancy.
31.10 Uses Permitted on Project Open Space
The following uses are permitted in open space areas: Conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow); Agricultural and horticultural uses, including raising crops, or livestock, excluding residences that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are commercial livestock operations involving swine, poultry, mink, and other animals likely to produce offensive odors. Agricultural and horticultural uses may not consume more than one half of the minimum required open space. Pastureland for horses used solely for recreational purposes. Equestrian facilities shall be permitted but may not consume more than half of the minimum required open space. Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low‐impact passive recreational uses specifically excluding motorized off‐road vehicles, rifle ranges, and other uses similar in character and potential impact as determined by the Plan Commission.
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Active non‐commercial recreation areas, such as playing fields, playgrounds, courts, and bikeways, provided such areas do not consume more than half of the minimum required open space or five acres, whichever is less. Playing fields, playgrounds, and courts shall not be located within 100 feet of abutting properties. Golf courses may comprise up to half of the minimum required open space, but shall not include driving ranges or miniature golf. Their parking areas and any associated structures shall not be included as open space land. Stormwater management facilities which are designed, landscaped, and available for use as an integral part of a project’s open space network may constitute as portion of a projects overall open space, as follows: Individual detention areas/retention ponds less than three (3) acres – 50% Individual detention areas/retention ponds greater than three (3) acres – 75% Easements for drainage, access, sewer or water lines, or other public purposes; Underground utility rights‐of‐way, above‐ground utility and street rights‐of‐way may traverse open space areas, but shall not count toward the minimum required open space. Exceptions are those pipelines considered primary conservation areas, high voltage electrical transmission lines considered as secondary conservation areas, and boulevards which count as passive recreation.
Permanent Protection Through Conservation Easements
Open space land that is required to be reserved and created through the subdivision process shall be subject to permanent conservation easements prohibiting future development and defining the range of permitted activities. (For example, the clearing of woodland habitat shall generally be prohibited, except as necessary to create trails, active recreation facilities, and to install subsurface septic disposal systems or spray irrigation facilities. The determination of necessity shall lie with the Commission. In Conservancy Lots where applicants voluntarily opt to develop their properties at very low densities (at five acres min. per principal dwelling), and offer to place a restrictive conservation easement preventing future subdivision of the newly created parcels, the Plan Commission shall review the proposed easements and shall accept them, provided their wording accomplishes the purposes of this Ordinance and is consistent with the Comprehensive Plan.
Ownership of Open Space and Common Facilities
All project open space land shall be permanently restricted from future development by conservation easement. Under no circumstances shall any development be permitted in the open space at any time. A. Ownership Options. The following methods may be used, either individually
or in combination, to own common facilities, however, project open space should be initially offered for dedication to Town Council. Open space shall
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not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no change in the common facilities or in the open space ratio of the overall development. Ownership methods shall conform to the following: Fee Simple Dedication to Town Council. Town Council may, but shall not be required to, accept any portion of the common facilities, provided that: There is no cost of acquisition to Town Council; and, Town Council agrees to and has access to maintain such facilities. Condominium Association. Common facilities may be controlled through the use of condominium agreements. All open land and common facilities shall be held as common element. Homeowners’ Association. Common facilities may be held in common ownership by a homeowners’ association. The following regulations shall be met: The applicant shall provide the Plan Commission a description of the organization of the proposed association, including its by‐laws, and all documents governing ownership, maintenance, and use restrictions for common facilities. The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development. Membership in the association shall be automatic (mandatory) for all purchasers of dwelling units therein and their successors in title. The association shall be responsible for maintenance and insurance of common facilities. The by‐laws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent in his dues. Such dues shall be paid with the accrued interest before the lien may be lifted. Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities must be given to all members of the association and to the municipality no less than thirty days prior to such event. The association shall have adequate staff to administer, maintain, and operate such common facilities.
Private Conservation Organization
With permission of the Plan Commission, an owner may transfer either fee simple title of the open space or easements on the open space to a private non‐profit conservation organization provided that: The conservation organization is acceptable to the Plan Commission and is a bona fide conservation organization intended to exist indefinitely; the conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions. The open space is permanently restricted from future development through a conservation easement and the town is given the ability to enforce these restrictions; and, a maintenance agreement acceptable to the municipality is established between the owner and the organization.
Dedication of Easements to the Park Board
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The Park Board may, but shall not be required to, accept easements for public use of any portion of the common land or facilities. In such cases, the facility remains in the ownership of the condominium association, homeowners’ association, or private conservation organization while the easements are held by the township. In addition, the following regulations shall apply: there shall be no cost of acquisition to the Park Board, any such easements for public use shall be accessible to the general public, a satisfactory maintenance agreement shall be reached between the owner and the Park Board.
Non‐Common Private Ownership
Up to 85 percent of the minimum required open space may be included within one or more large “conservancy lots” of at least ten (10) acres provided the open space is permanently restricted from future development through a conservation easement, and that the Administrator is given the ability to enforce these restrictions.
Maintenance
Unless otherwise agreed to be the Plan Commission, the cost and responsibility of maintaining common facilities and open space land shall be borne by the property owner, condominium association, homeowners’ association, or a conversation organization. The applicant shall, at the time of preliminary plan submission, provide a Plan for Maintenance of Project Open Space Lands and Operation of Common Facilities in accordance with the following requirements: the Plan shall define all open spaces and ownership of those areas in written and graphic form; the Plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e. lawns, playing fields, meadow, pasture, crop land, woodlands, etc.); the Plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the project open space and operation of any common facilities on an on‐going basis. Such funding plan shall include the means for funding long‐term capital improvements as well as regular yearly operating and maintenance costs; at the Commission’s discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of open space and common facilities for up to one year; and, any changes to the maintenance plan shall be approved by the Commission. In the event that the organization established to maintain the open space lands and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the municipality may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended. The Administrator may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner, condominium association, homeowners’ association, conservation organization, or individual property owners who make up a condominium or homeowners’ association and may include administrative costs and penalties. Such costs shall be come a lien and said properties. Notice of such lien shall be filed by the municipality in the county offices.
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Modifications
The Plan Commission may, after a public hearing, permit the modification of the provisions of this article. However, in terms of modifying any dimensional requirement (lot area, width, setbacks, etc.) such modification may not be greater than thirty‐five (35) percent. Any conditional use to permit such a modification shall be subject to the following criteria: the design and modifications shall be in harmony with the purposes and the land‐use standards contained in this article; the design and modifications shall generally enhance the subdivision plan, the central core area, the streets capes, and the neighborhoods, or at least not be any less desirable than the plan that could be created in conformance with this article; the design and modifications shall not produce lots or street systems that would be impractical or detract from the appearance of the subdivision plan, and shall not adversely affect emergency vehicle access or deprive adjoining noncommercial properties of adequate light and air. The applicant shall demonstrate that the proposed modifications will produce equal or better results, from the municipality’s perspective, and represent the minimum modification necessary. If the Commission determines that the applicant has met his/her burden, it may grant a modification of the requirements of this article. In granting modifications, the Commission may impose such conditions that will, in its judgement, secure the objectives and purposes of this article.
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SECTION 32 BUILDING CODES
An ordinance regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, maintenance, electric wiring, plumbing, heating, ventilation and air conditioning of all public and private buildings or structures within the Town of Sheridan, Indiana; providing for the adoption of the rules and regulations promulgated by the administrative building council of the state of Indiana as the rules and regulations for the Town of Sheridan providing for the establishment of the Department of Planning and Development; providing for the issuance of permits and the collection of fees; and providing for penalties for the violation thereof. Be it ordained by the Town Board of Trustees of the Town of Sheridan, Indiana.
32.1 Designation
This ordinance shall be known and may be cited as the “Building Code of Sheridan, Indiana”.
32.2 Content
Certain documents, copies of which are on file in the Office of the Department of Planning and Development and in the Office of the Clerk‐Treasurer of the Town of Sheridan, Indiana, being marked and designated as Building Code, as amended; and Electrical Code, as amended, Plumbing Code; as amended and Mechanical Code, as amended, and Dwelling Rules, as amended; and said documents containing the rules and regulations promulgated by the Administrative Building Council of the State of Indiana, for the regulation, erection, construction enlargement, alteration, repair, moving, removal, maintenance, electricity, plumbing, heating, ventilation and air conditioning of all public and private buildings and structures within the Town of Sheridan, are hereby adopted as the Building Code of the Town of Sheridan, and made a part hereof as if fully set out in this Code.
32.3 Conformance
All work done by or under the supervision of any person, firm, or corporation in the business of construction, alteration, repair, moving, removal, maintenance, electricity, plumbing, heating, ventilation and air conditioning of all public and private buildings and structures within the Town of Sheridan, shall conform to the minimum requirements of this Code, provided that all new or replacement water feed lines to buildings shall have a minimum size of five‐eights (5/8) inches inside diameter, and that all water service and lavatories and commodes shall have a main shutoff valve.
Heating and ventilating shall be construed to include warm air heating and duct
ventilating.
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32.4 Establishment of Department of Planning and Development
a) There is hereby established a Department of Planning and Development in the Town of Sheridan, which shall consist of the Director of Planning and Development, and may also consist of a Building Administrator, Secretary, and assistants. The basic duties and responsibilities of the Director of Planning and Development are set forth in Section _________.
b) The President of the Town Board of Trustees is hereby authorized to employ a Director of Planning and Development, Building Administrator, Secretary, and such other employees he deems necessary, and subject to the approval of the Town Board.
32.5 Director Responsible for Enforcement
The Director of Planning and Development, including his assistants and Building Administrator under his supervision, is hereby authorized to enforce all of the provisions of the Building Code as is adopted herein; the “Zoning Code of Sheridan”, as amended, and all other provisions of the “Master Plan Code of Sheridan”, as amended.
32.6 Building Permit Required
No persons, firms or corporation shall erect, construct, enlarge, alter, remove, move, improve, convert or demolish any building or structure within the Town of Sheridan, or cause the same to be done until first having obtained a separate construction permit for each such building or structure from the Director of Planning and Development, who may require plans thereof, together with a statement of materials to be used. See Section 6 “Zoning Districts Establishment and Development Standards” and Section 6.5 “Residential Suburban” for requirements pertaining to new single‐family dwellings.
32.7 Application for Permit
A. To obtain a construction permit, applicant must first file an application thereof, on forms to be furnished by the Director of Planning and Development, and every applicant shall complete all information requested on said form.
B. Each application for a construction permit shall be accompanied by two (2) sets of plans and specifications.
C. The application, plans and specifications filed by an applicant for construction
permit shall be checked by the Director of Planning or his representative. If the Director of Planning and Development is satisfied that the work described in the application for a construction permit and the plans filed therewith conform to the requirements of this building code and other pertinent laws and ordinances, he shall issue a construction permit therefor to the applicant. When the Director of Planning and Development issues the construction permit he shall endorse in writing and stamp on plans and specifications the word “Approved”. Such approved plans and specifications shall not be
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changed, modified or altered without authorization by the Director of Planning and Development.
D. See Section 29.8 for requirements for obtaining separate wiring, heating, and
plumbing permits. 32.8 Separate wiring, heating and plumbing permits required
A. An owner, agent, or general contractor may make application for
construction permit, provided that an electrician shall apply separately for a wiring permit; and a heating and ventilating tradesman shall apply separately for a heating permit; and a plumber shall apply separately for a plumbing permit.
B. The owner of a property proposing to construct a building thereon may
perform any or all of the construction work involved, provided that he shall apply for the applicable permits for wiring, heating and plumbing.
C. The work done under any permit issued hereunder, shall be the direct
responsibility of the permit holder. No contractor shall assign any permit to another contractor without first obtaining approval of the Director of Planning and Development.
D. The charges for all wiring, heating and plumbing permits are included in the
construction permit fees set forth in Section 32.9. 32.9 Fees
A. Applications filed pursuant to the provisions of this Code shall be
accompanied by a check or money order made payable to the Town of Sheridan, in an amount which is in accordance with the fees set forth herein.
B. Until all applicable fees have been paid in full, no permit shall be granted by the Director of Planning and Development. See section 4 for “Fees, Notification, and Meeting Requirements” for fees.
C. See Section 32.11 for penalty assessed if construction has commenced prior
to obtaining permit or payment of fees.
D. No part of any filing fee paid pursuant to this Section shall be returnable to the applicant.
E. See Section 5A for construction permit fees.
32.10 Appeal
Any person may appeal any decision of the Director of Planning and Development or anyone acting under his supervision in the enforcement of this Chapter of the Code to the Town Board of Trustees of the Town of Sheridan.
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32.11 Penalties
A. Any person or corporation who shall violate any of the provisions of this Chapter of the Code or fail to comply therewith or with any of the requirements thereof; or who shall build, reconstruction or structurally later any building in violation of any detailed statement or plan submitted and approved thereunder shall, for each and every violation or noncompliance, be guilty of and, upon conviction, shall be fined not less than ten dollars ($10.00), and not more than one hundred dollars ($100.00), and each day that such violation or noncompliance shall be permitted to exist shall constitute a separate offense.
B. Also, any applicant for an original Construction Permit who shall cause any construction work to be performed without the tradesman first having obtained wiring, heating and plumbing permits when required, may be subject to having the Construction Permit revoked by the Director of Planning and Development.
32.12 All Ordinances or parts of Ordinances in conflict herewith are hereby repealed 32.13 Should any section or provision of this Ordinance be declared by a court or
competent jurisdiction, to be invalid, such decision shall not affect the validity of the Ordinance as a whole, or any portion thereof, other than the portion so declared to be invalid.
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32.14 This Ordinance shall be in full effect from and after its passage, as provided by law.
Passed by the Town Board of Trustees of Sheridan, Indiana with amendments, this _________________________ day of ____________________________, 20_____. Town Board of Trustees Sheridan, Indiana _____________________________________________ John Snethen, Town Council President Attest: ____________________________________________________ Connie Pearson, Clerk Treasurer Amendments approved by the Sheridan Town Plan Commission on ___________ _____________________________. Effective Date: _______________________
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ORDINANCE 2003‐5‐1
WHEREAS the it is in the interest of the public health, safety, morals, convenience, order,
prosperity, and general welfare of the Town of Sheridan and the approximately 2 mile jurisdictional area
adjacent to the Town of Sheridan, that language in Sections 30, and 30.1 of the Combined Zoning,
Subdivision and Development Ordinance of Sheridan be amended to reflect new definitions needed to
interpret and understand new language needed by this Ordinance, and
WHEREAS the it is in the interest of the public health, safety, morals, convenience, order,
prosperity, and general welfare of the Town of Sheridan and the approximately 2 miles jurisdictional
area adjacent to the Town of Sheridan, that Sections 31 of the Combined Zoning, Subdivision and
Development Ordinance of Sheridan be added to prevent commercial kennels from being placed in
primary residential districts of the Town and jurisdictional area, to require that very small, small,
medium, and large animals be kept in fenced areas, and that the sizes for the fenced areas be
appropriate for the size of the animal, that abandoned and junk vehicles not be allowed to damage the
public health, safety, or prosperity of the area governed by this Ordinance, and to provide a means for
such vehicles’ lawful removal, and
WHEREAS, the Sheridan Plan Commission has conducted a public hearing on these proposals,
and forwarded it to the Sheridan Town Council with a unanimous favorable recommendation.
Now, therefore, the Sheridan Town Council amends the Combined Zoning, Subdivision and
Development Ordinance of Sheridan, as follows:
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APPENDIX
Fee Schedule ……………………………………………………………………………………………………………………. 205 Permit Applications ……………………………….………………………………………………………….…………….. 207 Filing Applications …………………………………………………………………………………………..………………… 210 Related Ordinances ………………………………………………………………………………………..………………….. 216
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FEE SCHEDULE PLANNING & BZA FILINGS, RESIDENTIAL & COMMERCIAL BUILDING
Planning and BZA Filing Fees
Appeal a decision $250.00
Development Standards Variance $450.00 Plus $50.00 ea. Add’l Req
Use Variance $450.00
Special Exception Uses $400.00 – Residential $450.00 – Commercial Unit Development Plan $400.00 Plus $15.00 per acre
Amendment to Unit Development Plan $400.00 Plus $15.00 ea. Add’l Req
Like Use Determination $250.00
Primary Plat Approval $350.00 Plus $10.00 ea. Lot
Secondary Plat Approval $350.00
Replat $250.00
Plat Vacation $500.00
Public Way Vacation $300.00
Zoning Map Change $400.00 Plus $25.00 per acre Residential Permits Single Family Dwelling $425.00 Plus add’l .06 sq ft
over 1500 sq ft
Two Family Dwelling $450.00 Plus add’l .06 sq ft Over 1500 sq ft Multi‐Family Dwelling $475.00 First Unit plus $100.00
each additional unit
Residential Additions & Remodels $200.00 – two rooms Each additional room $25.00
Accessory Buildings & Structures $100.00
Decks over 144 sq ft $50.00
Covered Deck or Porch $75.00
In‐ground Swimming Pool $100.00
Electrical Upgrade Inspection only $50.00
Demolition $50.00
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Commercial Permits
New Construction $500.00 Plus .10 per sq ft
Additions $500.00 Plus .10 per sq ft
Remodels $500.00 Plus .05 per sq ft
Accessory Building $500.00 Plus .10 per sq ft
Sign Permits $50.00 Plus $25.00 per face
Electrical Upgrade Inspection Only $200.00
Demolition $100.00
Certificate of Occupancy
Single Family Dwelling $25.00
Two Family Dwelling $50.00
Multi‐Family Dwelling $50.00 each unit
Commercial $300.00
Misc. Fees
Re‐inspection $60.00 for each failed component Re‐inspected
Occupying Structure without Certificate of Occupancy $1000.00
All Permit Renewals 25% of fee
Construction Plans Engineering Review First Review $2000.00 plus $50.00 per acre Second Review $1000.00 plus $25.00 per acre
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208
209
210
211
212
213
214
215
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TOWN OF SHERIDAN ‐ CODE OF ORDINANCE
CHAPTER 94: STREETS AND SIDEWALKS
SECTION 94.01 CONSTRUCTION AND MAINTENANCE OF PRIVATE ENTRANCES OR EXITS TO OR
FROM TOWN STREETS; PERMIT REQUIRED; FEE.
A. From and after September 24, 1985, it shall be unlawful for any person to
establish and construct any new private entrances or exits, such as
driveways, service roads, private alleys or private parking lot accesses
conjoining with any public town street or alley without first obtaining a
permit from the town Street Commissioner. A nonrefundable permit
application fee of $50.00 shall be paid to the town at the time application is
made. The Street Commissioner shall require the applicant to submit such
locus descriptions, plans and specifications as he or she deems necessary to
determine that:
1. A traffic hazard or congestion would not be created by the operation of
the proposed entrance or exit; and,
2. Adequate provision is made for drainage so as not to iinterrupt flows in
adjacent drainage ditches, gutters, storm sewer inlets, and the like, as
applicable; and,
3. Any public sidewalks, curbs, gutters, street pavement and the like
modified or disturbed by the construction will be restored or
reconstructed in a condition acceptable to the town.
B. All of the above shall be binding conditions of the permit and failure of the
applicant, property owner, or their agents, acting under the permit to fully
comply with all the conditions, shall entitle the town to pursue subsequent
remedial action in accordance with IC 36‐1‐6‐2 or IC 36‐1‐6‐4. This section
does not affect the continued maintenance and operation of private
entrances and exits lawfully in existence on or before September 23, 1985,
nor private entrances or exits conjoining with a state highway or state‐
maintained route. (’85 Code, § 8‐9‐1) (Ord. 1985‐C32, passed 9‐24‐85)
94.02 AUTHORITY TO REQUIRE ERECTION AND MAINTENANCE OF TRAFFIC CONTROL
SIGNS AT PRIVATE ENTRANCES AND EXITS TO OR FROM TOWN STREETS.
A. The Town Council, upon the recommendation of the Street Commissioner
or Town Marshal, may adopt an order requiring that the operator of any
private entrance or exit conjoining with a public street or alley under town
jurisdiction, other than an entrance or exit leading to or from a one‐ or two‐
family dwelling, erect and maintain, at the operator’s expense, traffic
control signs or devices as the Council deems reasonably necessary to
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regulate traffic entering or existing the public thoroughfare at the private
entrance or exit.
1. Any such signs or devices shall comply with the Uniform Traffic Control
Manual of the state.
2. A written copy of the order shall be served on or mailed to the affected
operator and shall state a reasonable period of time, not less than ten
days, for the operator to comply with the order.
3. The order shall be enforceable by injunction.
B. When traffic control signs or devices are erected in accordance with this
section, violations of the traffic controls shall be enforceable by the town
police authorities and violators shall be liable to a fine in the same amount
as fixed by town ordinance for the respective violation or, if no penalty is
fixed by town ordinance, the violator shall be subject to citation for a traffic
violation under IC Title 9, Article 21 and appropriate penalties as applicable
under IC Title 9, Article 30. (’85 Code, § 8‐9‐2) (Ord. 1985‐C32, passed 9‐24‐
85).
94.03 CUTTING OR EXCAVATING UNDER TOWN STREETS OR SIDEWALKS; PERMITS
AND CONDITIONS; FEE.
A. No person other than a person performing public works as authorized by
the town, a person who has been granted a private entrance construction
permit, a person who has been granted a sewer connection permit or the
person so authorized under the provisions of any general franchise granted
by the town, shall cut through, make a ditch or auger under the surface of
any public street, alley or public sidewalk under the jurisdiction of the town
without obtaining the consent of and permit from the Town Council. A non‐
refundable permit application fee of $50.00 shall be paid to the town at the
time application is made. The Town Council may require, as a condition of
the permit, that:
1. The applicant file a performance bond of the town sufficient to cover all
costs to the town, should the applicant fail to restore any affected town
property to a satisfactory condition acceptable to the town following
completion of the work; and/or
2. The applicant obtain liability insurance with the town as named insured,
against property damage, personal injury or death arising out of the
permitted work in such amounts as deemed necessary by the Council,
but not to exceed any amounts for which the town might be liable
under the provisions of IC 34‐13‐3‐4; and/or
3. The applicant or person performing the work as agent of the applicant,
erect and maintain the barriers and warnings as the Council deems
necessary to safeguard the public; and/or
4. Any other conditions and requirements as the Council may deem
necessary or desirable and sees fit, to stipulate as a condition of
granting the permit.
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B. Any person to whom this section applies and who performs or causes to be
performed any work as herein described without a permit or in violation of
the stipulated conditions of the permit shall be liable to a fine of not less
than $100.00 nor more than $500.00 and shall also be liable to the town for
any costs incurred to satisfactorily restore any affected public property and
to restitute any other liabilities suffered by the town which arise out of any
work performed without the required permit. (’85 Code, § 8‐10‐2) (Ord.
1985‐C32, passed 9‐24‐85; Am. Ord. 1990‐2, passed 9‐25‐90)
Cross‐references:
Authority to require erection and maintenance of traffic control signs at
private entrances and exists at town streets, see § 70.16.
Sewer connection permit required; application; procedure and requirements,
see § 50.022.
94.04 RESPONSIBILITY OF ADJACENT PROPERTY OWNERS OR OCCUPANTS TO
MAINTAIN PUBLIC SIDEWALKS IN USEABLE CONDITION.
A. When a public sidewalk under the jurisdiction of the town runs through or
abuts upon any private property, it shall be the responsibility of the
property owner, or of the occupant of the property in the case of property
(other than a multi‐family dwelling, multi‐office building or shopping center)
which is occupied by tenants, to maintain all public sidewalks running
through or abutting upon the property in a reasonably useable and safe
condition.
B. REASONABLY USEABLE AND SAFE CONDITION means the owner or occupant
shall be responsible for the prompt removal of snow and ice, mud or other
obstructions affecting the portion of the public sidewalk running through or
abutting the owner’s or occupant’s property and which may endanger or
impair the safe use of the sidewalk by public pedestrians for normal
purposes.
C. It is a defense against violation of this section that:
1. The responsible property owner or occupant is physically incapable of
himself or herself performing the work necessary to comply with this
section and is financially incapable of employing another person to do
so on his or her behalf;
2. The responsible owner or occupant was absent from the town at the
time the relevant condition occurred and was unaware thereof; or
3. The provisions of a public easement whereby the public sidewalk runs
through the owner’s or occupant’s property expressly makes the town
or other public authority responsible for the above described
maintenance activities.
D. This section is not intended to annul any provisions of private easements,
covenants, leases, contract and the like whereby a person other than the
owner or occupant is made liable for the functions required hereunder, but
the enforcement of any such provisions shall be the province of the affected
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owner or occupant and not of the town and the provisions shall not be
construed to relieve the owner or occupant of immediate responsibility
under this section. (’85 Code, § 8‐10‐2) (Ord. 1985‐C32, passed 9‐24.85)
Penalty, see § 94.99
94.05 NUISANCES RELATED TO TOWN STREETS AND SIDEWALKS DEFINED;
ENFORCEMENT AND ABATEMENT PROCEDURES.
A. The following conditions within the town are hereby declared nuisances:
1. Putting, throwing, dumping, leaving or depositing or causing to be put,
thrown, dumped, left or deposited any paper, boxes, tin cans, brush,
brick, wood, glass, dirt, sand, gravel, grass, leaves or debris or rubbish of
any kind or character, in or upon or within the limits of any street, alley,
sidewalk, thoroughfare or public way in the town.
2. The growing and maintenance of trees with less than 14 feet clearance
over streets or less than eight feet, over sidewalks, or the growing and
maintenance of shrubbery in excess of three feet in height within the
radius of 20 feet from the point where the curb line of any street
intersects the curb line of another street. No shrub shall be planted
between the curb line and the property line of any street within a radius
of 20 feet from the point where the curb line of any street intersects
with the curb line of another street.
B. Any person who creates, maintains or permits any nuisance of the type
described by division A‐1 above shall be ordered to abate that nuisance in
the manner prescribed for the abatement of Class A nuisances, as provided
by § 92.25 and upon refusal or failure to do so shall be subject to the same
penalties and further liabilities as prescribed by § 92.99.
2. Any person who creates, maintains or permits any nuisance of the type
described by division A‐1 shall be ordered to abate that nuisance in the
manner and in accordance with the procedures appurtenant to the
abatement of Class B nuisances as provided by § 92.26 and, upon
refusal or failure to do so, shall be subject to the same further
procedures for enforcement and/or penalties as prescribed by § 92.27
and 92.99.
C. For the purposes of this section, it shall not be essential that the nuisance
be created or contributed to by the owner or tenants or their agents or
representatives, but merely that the nuisance be enacted or contributed to
by licensees, invitees, guests or other persons for whose conduct the owner
or operator is not responsible but for which conduct the owner or operator
ought to have become aware, by the exercise of reasonable care.
D. For the purpose of carrying the provisions of this section into effect it is
hereby made the duty of all officers and employees of the town to report
the existence of nuisances to the Town Council or the Town Marshal, and
for this purpose the Town Marshal, or other employees designated by the
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Council, shall be permitted to visit, enter into or upon any building, lot,
grounds or premises, within the limits of this town to ascertain and discover
any such nuisances and to make examination thereof. (’85 Code, § 8‐10‐4)
(Ord. 1966‐C‐1, passed 7‐26‐66; Am. Ord. 1985‐C22, passed 9‐16‐85)
94.99 PENALTY
Any person who violates any provision of this chapter for which no other
penalty is set forth shall be liable to a fine not exceeding $2,500 for each day a
violation continues.
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CHAPTER 152: PLANNING AND COMMUNITY DEVELOPMENT
SECTION 152.18 DEPARTMENT OF BUILDING SAFETY ESTABLISHED; PURPOSE AND
JURISDICTIONS.
A. There is hereby created within the town government and administrative
department to be known as the Department of Building Safety. Its
purposes, power and jurisdiction are:
1. To administer, apply and enforce minimum construction standards and
building safety requirements governing the design, materials and
construction used in constructing, remodeling and repairing buildings
and included electrical,
2. plumbing, heating, ventilating, air conditioning and mechanical systems
as provided under the town’s building code, Chapter 150 of this code of
ordinance;
3. To administer, apply and enforce minimum housing standards as may
now or hereafter be made applicable to dwellings;
4. To administer, apply and enforce any other regulations and
requirements governing the safety, physical condition or maintenance
of buildings as provided by statute or ordinance, except when those
responsibilities are expressly conferred on another department or
office;
5. To pursue and enforce abatement of buildings and premises found to be
unsafe and dwelling units found to be unfit for human habitation; and,
6. To review plans and specifications of proposed construction or
regulated work, to issue and control building permits when required
and to provide for and make inspections of buildings and work when
required or when necessary to carry out the purposes of the
Department as defined under divisions (A) (1) through (A)(4) above, or
under other town ordinances, statutes or state and federal
administrative regulations.
B. The Department does not have responsibility and jurisdiction to administer
and enforce regulations governing the height, area, bulk, location, lot area
or setback of buildings; nor governing exterior design of buildings and
related premises (except as to the structural or fire safety characteristics of
exterior wall and roofing materials, specifications as to the number and
characteristics of exterior exits, design and method of construction of
exterior structural fixtures, such as balconies, overhangs, parapets and the
like and structural design affecting accessibility of the building to
handicapped persons as required by statutes and regulations); nor
governing the use of buildings (except only insofar as any such particular
use would, but its incidental nature, constitute a violation of any regulations
otherwise under the jurisdiction of the Department). All other such matters
described in the preceding sentence, subject to the exceptions noticed, shall
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be under the exclusive jurisdiction of the Department of Land Use and
Zoning.
C. (’85 Code, § 9‐1‐4) (Ord. 1985‐C2, passed 9‐16‐85)
SECTION 152.19 OFFICE OF BUILDING COMMISSIONER ESTABLISHED; APPOINTMENT; POWERS
AND DUTIES
A. There is hereby established the office of Building Commissioner for the
town.
B. The Building Commissioner, except as hereinafter provided, shall be
appointed by the Town Council President and serve at the President’s
pleasure, subject to approval of that appointment by the Council.
1. The position may be full or part‐time, as the President determines in
light of the duties and workload of the office or the President may
appoint the town Director of Planning and Development to serve as the
Building Commissioner ex officio.
2. The President, in making the appointment, may also require the
appointee have, or attain within a specified amount of time,
certification or other minimum qualifications for local building officials
and inspectors as may, from time to time, be recommended by the Fire
Prevention and Building Safety Commission of the state.
C. The Building Commissioner shall:
1. Serve as chief administrative officer of the Department of Building
Safety.
2. Serve as head Building Inspector for the town.
3. Appoint qualified assistant inspectors as may be necessary to carry out
the duties of the department as may be authorized by the Town
Council.
4. Have all power and duties conferred on the enforcement authority
under the provisions of IC 36‐7‐9, as adopted and made applicable.
5. Have all powers and duties as necessary to enforce other statutes,
ordinances or regulations as specifically conferred therein on a
municipal building inspector, or which relate to the safety of buildings
or physical condition of buildings and premises except to the extent that
the powers and duties are expressly conferred on another officer by
statute or ordinance.
6. Have all powers as conferred on a county Board of Health respecting the
alleviation and abatement of dwelling units for human habitation
located within the town.
7. Have the power, either personally or by authorized representative, to
enter into or upon any building or premises at any reasonable hour for
the purpose of making any inspections necessary or desirable in order
to determine if the building or premises are unsafe or otherwise in
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noncompliance with any statutes, ordinances or regulations relating to
the condition of real property.
8. Have the power to issue, serve, promulgate and enforce orders in
accordance with rules and procedures specified by statute, ordinance or
regulations, or as established by the Town Council, to require
compliance of buildings or premises with applicable statutes,
ordinances and regulations relating to the safety, condition and
maintenance of buildings and their premises or to alleviate or prevent
any unsafe conditions found to occur or to be likely to occur therein,
including, but not necessarily limited to:
a) Stop work orders;
b) Orders to modify, correct, repair or remove any non‐complying or
unsafe structure, installation or building.
c) Orders to seal an unsafe building against intrusion by unauthorized
persons in accordance with uniform standards as provided by
statute or ordinance.
d) Orders to modify or abandon any use or condition of occupancy
which, by its nature, taken in conjunction with the character, type
or location of the building or premises, renders the building or
premises unsafe;
e) Orders to vacate an unsafe building; and
f) Orders to exterminate vermin in or about unsafe building and
premises.
9. Have the power to issue and serve civil citations and summonses to
persons believed to be violating any penal town ordinance or
committing an infraction under any statute, relating to safety, condition
and maintenance of buildings; and,
10. Have other powers and perform other duties as may be ascribed to the
Building Commissioner by town ordinance or directives of the Council.
D. As an alternative, the Town Council may enter into an interlocal agreement
under IC 36‐1‐7 or under IC 36‐7‐8 or an agency service agreement under IC
5‐17‐4, with a county or another municipality, to appoint a single person as
joint Building Commissioner (or equivalent authority) for each of the parties
or to have an officer or agency of the county or other municipality perform
the functions of the town Building Commissioner and Department of
Building Safety (except the functions of the Building Code Appeals Board)
and in that case the previous provisions of this section shall be governed or
limited by that agreement. (’85 Code, § 9‐1‐5) (Ord. 1985‐C2, passed 9‐16‐
85). Editor’s Note: I.C. 5‐17‐4 will be repealed effective July 1, 1998).
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