Wetlands Conservation

Sexually Oriented Businesses

A structure that is subordinate to a primary structure in area, intent, and/or purpose; contributes to the comfort, convenience, or necessity of the occupants of the primary structure; does not alter or change the character of the property; and is located on the same lot as the primary structure.

A use that is secondary to a primary use in area, intent, and/or purpose; contributes to the comfort, convenience, or necessity of the occupants of the primary use; does not alter or change the character of the property; and is located on the same lot as the primary use. In no event shall a lot which is not contiguous to the principal use be considered an accessory use.

The Administrator of the Department of Building, Planning and Development of the City of Auburn, or the Administrator’s designated representative.

A dwelling unit in a structure designed, intended, occupied on a rental basis for housing of a single-family, an individual, group of individuals, or other single housekeeping unit.

APPLICANT 

The fee simple owner(s) of land or owners’ legal representative(s) who makes application to the Auburn Department of Building, Planning, and Development Office for action by the City of Auburn boards, commissions, and other entities, thereby affecting that land.

A small establishment, having one to five guest rooms for rent or lodging to transient guests, providing for occasional meals, and in which the owner also resides. These are generally treated as tourist homes not hotels, motels or boarding houses and not intended for long term stays beyond 30 days.

A small establishment, having one to five guest rooms for rent or lodging to transient guests, providing for occasional meals, and in which the owner does not reside. These are generally treated as tourist homes not hotels, motels or boarding houses and not intended for long term stays beyond 30 days.

Establishments ranging up to twenty guestrooms and may include restaurants that cater to the general public as well as the overnight guests. These are treated as commercial enterprises.

Property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting street, and intersecting railroad right-of-way end of dead-end street, public park, cemetery or city boundary line and not exceeding 1320 feet in length.

A structure having a roof supported by columns or walls designed, built, or used for the enclosure, shelter, or protection of persons, animals, or property.

An official certification issued by the Administrator (Department Head) authorizing the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving, or repair of a building or other structure.

The engaging in the purchase, sale, or exchange of goods, merchandise, or services, or the maintenance or operation of offices, recreational or amusement enterprises, by either profit or not-for-profit entities.

A certificate issued by the Administrator(Department Head) stating that the occupancy and use of land or building or structure referred to therein complies with all applicable provisions of the City of Auburn codes and ordinances.

Custodial recreational or institutional care, designed to supplement parental care, given children (other than the providers), who are under eleven (11) years old. Child care facilities are either licensed by the State or exempted from licensing requirements. Child Care does not include: public or parochial schools, day camps, summer camps, foster homes, group homes or cooperative reciprocating care by a group of parents in their own homes (See CHILD CARE CENTER, CHILD CARE HOME).

A State licensed (or exempted) facility in a residential structure where one or more individuals provide child care for six (6) to (10) children, for more than four hours but less than twenty-four hours, for ten or more consecutive working weekdays. The structure shall be occupied as a residence.

Real estate lawfully subjected to IC 32-25 et seq (the Horizontal or Condominium Property Law) by the recordation of condominium instruments, in which undivided interests in the common areas and facilities are vested in the condominium unit owners.

The Department of Building, Planning, and Development of the City of Auburn, Indiana.

A building that has no structural connection with another building.

An Individual or two or more persons related by blood, marriage, or adoption, or a group of not more than three unrelated persons living as a single housekeeping unit in a dwelling unit.

Means a facility as described by IC 12-28-4-8 that houses not more than eight persons who are developmentally disabled. This group home shall abide by IC 12-11-1.1 and shall be a licensed facility with the State, meeting fire codes building codes, and specific group home regulations (Also referred to as group care homes).

Means a facility as described by IC 12-28-4-7 that houses not more than 15 persons who are mentally ill. This group home shall abide by IC 12-22-2-3 (2) through (6) and shall be a licensed facility with the State, meeting fire codes building codes, and specific group home regulations (Also referred to as group care homes).

The total floor area of all stories of a building or buildings, measured at the outside foundation. Public or common mall areas, such as an open air or outside covered passageway or concourse providing access to rows of stores, shall be excluded from the definition of gross floor area.

A group of individuals functioning as a single household, making common use of a single kitchen and other household quarters.

Written permission issued by the Administrator/Zoning Administrator to allow a person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, or add to any building or structure within its jurisdiction, or cause the same to be done or change the use or condition of the land and that is subject to the requirements of the City of Auburn Zoning Ordinance and Subdivision Control Ordinance.

A lot, building, structure, enclosure or premises whereon or wherein 5 or more dogs or cats or other domestic animals over the age of 6 months are raised, maintained, boarded, bred, kept or cared for in return for remuneration, or are kept for the purpose of sale or are groomed, trained or handled for others.

The line running along the front of the lot and separating it from the street. In these regulations, the front lot line is called the "FRONT STREET LINE".

The lot line generally opposite or parallel to the front street line, except in a through lot. If a rear lot line is less than ten feet long or the lot comes to a point at the rear, said rear lot line is assured to be a line at least ten feet long, lying wholly within the lot, parallel to the front street line or parallel to the chord of the arc of said front street line.

A site with required improvements and utilities containing two (2) or more mobile home park/manufactured home park lots, which may include services and facilities for its residents, and within which recreational vehicles and tents shall not be used as places of abode.

A building or buildings on a separate lot, containing more than two residential dwelling units.

The nationally recognized model building code adopted by the Indiana Department of Fire Prevention and building Safety as mandated by 675 I.A.C 14, and which includes those supplements and amendments promulgated by this agency.

A unified space, other than on a street or alley, designed for use, or used, for the temporary parking of a motor vehicle, containing no less than 180 square feet exclusive of passageways on private residential property.

A development in which the developer wishes flexibility of district regulations governing lot size, yards, setbacks, and building location or size that meet the requirements for zoning approval. A planned unit development may be a subdivision which is being developed as a unit under single ownership or control whose intent is to sell individual lots or estates, whether fronting on private or dedicated streets.

A temporary dwelling for travel, recreation and vacation use including, but not limited to, travel trailer, pick-up coach, motor home, and camping trailer which is designed to be used for sleeping and human habitation.

Establishments engaged in the provision of residential, social, and personal care for persons who require some level of care, but medical care is not the major need. These persons include those who demonstrate limits to ability for self-care such as children, the aged, the destitute, the deaf, the blind, the mentally handicapped, and physically handicapped. These establishments do not include child care centers, child care homes, or group homes which have separate definitions in this section.

A building or buildings, on a separate lot, containing one residential dwelling unit.

A visual device or structure used for advertising, display, or publicity purposes.

Permanent: The keeping of items for sale (Retail or Wholesale), the products of manufacturing, materials used in production, vehicles, and other similar materials and/or equipment in an area outside of any building.

The portion of a building included between the surface of any floor and the surface of the floor next above, or, if there is no floor above it, then the space between any floor and the ceiling next above it; also, any portion of a building used for human occupancy between the topmost floor and the roof. A basement shall not be counted as a story unless the height of the surface of the first floor above the average elevation of the finished lot grade at the front of the building exceeds five feet.

STRUCTURAL ALTERATION

Any change in the supporting members of a building, such as bearing walls, partitions, columns, beams, or girders, or in the dimensions or in change of square footage of living space or configurations of the roof or exterior walls.

Any structure containing water and used for recreational purposes, (having any dimensions in width or diameter of greater than six feet) and built to maintain a water level greater than 24 inches in depth. This includes but is not limited to in-ground pools, aboveground pools, inflatable pools, wading pools, hot tubs and spas and shall be considered an accessory structure or use.

A building in which one but not more than five guest rooms are used to provide or offer overnight accommodations for transient guests, with or without occasional eating accommodations . (See Bed and Breakfast, Owner Occupied or Non-owner Occupied)

The Zoning Administrator of the Department of Building, Planning and Development of the City of Auburn, or the Zoning Administrator’s designated representative.

A)  PURPOSE 

 The A-1 Agricultural/Rural Residential District is intended to establish and preserve existing or new agricultural and low-density, single-family homes/neighborhoods free from other land uses except those which are compatible with and convenient to the residents of such a district. Mobile homes, as defined, are permitted in an A-1 District.

B)  PERMITTED PRINCIPAL USES:

 Agricultural Permitted Uses;

1)   Agricultural crop production & orchards

2)   General Farming

3)   Raising of farm animals

4)   Kennels

5)   Sale and Storage of agriculture product

6)   Tree farm  

7)   Farm implement sales

8)   Grain elevator

9)   Farmers market/ Truck gardening

10)   Plant nursery (Greenhouses)

11)   Farmstead and usual farm buildings

12)   Commercial & Private horse stables

13)   Camp ground

Residential Permitted Uses;

1)  Single-family dwellings and detached accessory buildings.

2)  Home occupations, A gainful occupation or profession conducted entirely within a dwelling and carried on only by an occupant or an occupant's family residing in that dwelling, provided that non-residential use is only incidental to the primary use. Occupations can be located on any floor level and shall not exceed an area equivalent to 25% of ground floor area of structure, occupational use shall be carried out indoors in principal building, shall be no exterior evidence of the occupation except for a small announcement sign in accordance with sign regulations specified in 150.410 et seq.

3)  Home workshop/business, A gainful occupation or profession conducted entirely within a dwelling, or in an accessory building, located on the same lot, parcel, or tract of land as the dwelling, and carried on by an occupant or an occupant's family residing in that dwelling and by no more than two employees, associates or partners who are not members of the family, which use is clearly incidental and secondary to the use as a dwelling.

4)  Bed and Breakfast

C)   OTHER CUTOMARY ACCESSORY USES AND BUILDINGS  

 These uses and buildings shall be incidental to the principal use and do not include any activity conducted as a business. Any accessory building or use shall be located on the same lot with the principal building. Permitted accessory uses shall include the following:

1)   Living quarters as part of an accessory building or structure for domestic employees of the resident of the principal building.

2)   The leasing of rooms by a resident family to non-transient roomers when the total number of roomers does not exceed two in any one dwelling, and provided that no sign is displayed.

3)   Living quarters for extended family members as long as the living quarters do not have more than one bedroom and the total area of the accessary building cannot exceed 800 sq.ft.

4)   Swimming pool, provided that if the water depth is forty-two (42) inches or greater it is enclosed by an animal-proof fence not less than four feet in height, or protected by a railing or deck system around the perimeter of the pool’s top edge in which the pool wall and the rail or deck system are at least four (4) feet in height has locking gates restricting access and the perimeter around the outside pool walls are kept clear of all objects which could serve as a climbing apparatus with which to gain entrance to the pool. They must be constructed and maintained in agreement with all County and State Board of Health laws.

5)   Temporary buildings for uses incidental to construction work; the buildings shall be removed upon the completion or abandonment of the construction work.

6)   The storage of not more than one unoccupied trailer coach upon each lot. However, the coach shall be completely enclosed in a structure or parked in a rear yard in conformity with the yard requirements for the zoning district in which the lot or parcel is located. For additional supplementary uses permitted, including accessory buildings, attention is directed to 150.311.

A)  PURPOSE 

The R-E Single-Family Estate/Large Lot Residential District is intended to establish and preserve low-density, large-lot (two (2) acres or more) single-family residential developments free from other land uses except those which are compatible with and convenient to the residents of such a district. Mobile homes, as defined, are strictly prohibited in an R-E District.

B)  PERMITTED PRINCIPAL USES

1)  Single-family dwellings and detached accessory buildings.

2)  Home occupations, A gainful occupation or profession conducted entirely within a dwelling and carried on only by an occupant or an occupant's family residing in that dwelling, provided that non-residential use is only incidental to the primary use. Occupations can be located on any floor level and shall not exceed an area equivalent to 25% of ground floor area of structure, occupational use shall be carried out indoors in principal building, shall be no exterior evidence of the occupation except for a small announcement sign in accordance with sign regulations specified in 150.410 et seq.

3)  Home workshop/business, A gainful occupation or profession conducted entirely within a dwelling, or in an accessory building, located on the same lot, parcel, or tract of land as the dwelling, and carried on by an occupant or an occupant's family residing in that dwelling and by no more than two employees, associates or partners who are not members of the family, which use is clearly incidental and secondary to the use as a dwelling.

4)  Park, playground or community center, owned and operated by a local community association for subdivisions or neighborhoods.

5)  Bed and Breakfast

C)   OTHER CUSTOMARY ACCESSORY USES AND BUILDINGS

1)   Private stables

 The minimum area upon which one horse or pony may be kept is four acres, and one additional horse or pony may be kept for each 40,000 square feet by which the lot exceeds four acres. Private stables shall not be closer to any adjoining lot line than 200 feet.

2)   a)  Cattle, horses, swine, sheep, goats, poultry and rabbits may be kept on a non-commercial basis when adequately housed and fenced on a parcel of land not less than ten acres in area, except when in pasturage.

b)   They shall not be kept within 700 feet of the lot line of a non-agricultural structure.

3)  Agricultural crop production, no products shall be publicly displayed or offered for sale from the roads except those grown upon the land abutting the road.

4)  All farm buildings not occupied by farm animals shall be located no closer than 50 feet to any lot line.

5)  No storage or use of manure or odor- or dust-producing materials shall be permitted within 100 feet of any adjoining lot line.

6)  Temporary buildings for uses incidental to construction work; the buildings shall be removed upon the completion or abandonment of the construction work.

7)  The storage of not more than one unoccupied trailer coach upon each lot. However, the coach shall be completely enclosed in a structure on which the lot or parcel is located. For additional supplementary uses permitted, including accessory buildings, attention is directed to 150.311.

8)   Swimming pool, provided that if the water depth is forty-two (42) inches or greater it is enclosed by an animal-proof fence not less than four feet in height, or protected by a railing or deck system around the perimeter of the pool’s top edge in which the pool wall and the rail or deck system are at least four (4) feet in height has locking gates restricting access and the perimeter around the outside pool walls are kept clear of all objects which could serve as a climbing apparatus with which to gain entrance to the pool. They must be constructed and maintained in agreement with all County and State Board of Health laws.

9)   Living quarters for extended family members as long as the living quarters does not more than two bedrooms and the total area of the accessary building cannot exceed 800sq.ft.

A)  PURPOSE 

 The R-1 Single-Family Low Density Residential District is intended to establish and preserve an urban yet low density (One-Half (1/2) acre to Two (2) acres or more), single-family home neighborhoods free from other land uses except those which are compatible with and convenient to the residents of such a district. Mobile homes, as defined, are strictly prohibited in an R-1 District.

B)  PERMITTED PRINCIPAL USES

1)   Single-family dwellings and detached accessory buildings.

2)   Home occupations, A gainful occupation or profession conducted entirely within a dwelling and carried on only by an occupant or an occupant's family residing in that dwelling, provided that non-residential use is only incidental to the primary use. Occupations can be located on any floor level and shall not exceed an area equivalent to 25% of ground floor area of structure, occupational use shall be carried out indoors in principal building, shall be no exterior evidence of the occupation except for a small announcement sign in accordance with sign regulations specified in 150.410 et seq.

3)   Home workshop/business

A gainful occupation or profession conducted entirely within a dwelling, or in an accessory building, located on the same lot, parcel, or tract of land as the dwelling, and carried on by an occupant or an occupant's family residing in that dwelling and by no more than two employees, associates or partners who are not members of the family, which use is clearly incidental and secondary to the use as a dwelling.

4)   Park, playground or community center, owned and operated by a local community association for subdivisions or neighborhoods.

5)   Temporary buildings for uses incidental to construction work; the buildings shall be removed upon the completion or abandonment of the construction work.

6)   The storage of not more than one unoccupied trailer coach upon each lot. However, the coach shall be completely enclosed in a structure or parked in a rear yard in conformity with the yard requirements for the zoning district in which the lot or parcel is located. For additional supplementary uses permitted, including accessory buildings, attention is directed to 150.311.

A)  PURPOSE 

 The R-2 Single-Family Residential District is intended to achieve the same urban character, stability and sound residential environment as intended in the R-1 District. The R-2 District allows for single-family development on smaller, more typical lot areas of less than ½ acre that are adequately serviced by water and sewage facilities. Mobile homes, as defined, are strictly prohibited in an R-2 District.

B)  PERMITTED PRINCIPAL USES

1)  Single-family dwellings and detached accessory buildings.

2)  Home occupations A gainful occupation or profession conducted entirely within a dwelling and carried on only by an occupant or an occupant's family residing in that dwelling, provided that non-residential use is only incidental to the primary use. Occupations can be located on any floor level and shall not exceed an area equivalent to 25% of ground floor area of structure, occupational use shall be carried out indoors in principal building, shall be no exterior evidence of the occupation except for a small announcement sign in accordance with sign regulations specified in 150.410 et seq.

3)  Swimming pools, provided that if the water depth is forty-two (42) inches or greater it is enclosed by an animal-proof fence not less than four feet in height, or protected by a railing or deck system around the perimeter of the pool’s top edge in which the pool wall and the rail or deck system are at least four (4) feet in height has locking gates restricting access and the perimeter around the outside pool walls are kept clear of all objects which could serve as a climbing apparatus with which to gain entrance to the pool. They must be constructed and maintained in agreement with all County and State Board of Health laws.

4)  Park, playground or community center, owned and operated by a local community association for subdivisions or neighborhoods.

5)  Name plate or advertising signs, provided they shall be in accordance with 150.410 et seq.      

A)  PURPOSE  

 The R-3 District is intended to establish and preserve single-family, two-family and multi-family home neighborhoods, free from other land uses except those which are compatible with and convenient to the residents of such a district. Mobile homes, as defined, are strictly prohibited in an R-3 District.

B)  PERMITTED PRINCIPAL USES

1)  Any use permitted in an R-2 Zone.

2)  Multiple-family dwellings.

3)  Multiple-group dwellings.

4)  Bed and Breakfast (Owner and Non-Owner)/Tourist homes.

5)  Condominiums.

A)  PURPOSE 

 The C-1 Neighborhood Commercial District is intended to accommodate those retail sales and service facilities that are considered to be essential functions of residential neighborhoods.

B)  PERMITTED PRINCIPAL USES

1)  Convenience stores and gas stations less than 2,000 square feet.

2)  Small retail shopping centers totaling 50,000 square feet or less with a maximum square feet of any one store being 35,000.

3)  Office buildings less than 10,000 square feet.  

4)  Restaurants less than 10,000 square feet  (with or without alcoholic beverages)    

A)  PURPOSE 

 The C-2 General Commercial District is intended to establish and preserve general commercial districts which are convenient and attractive for a wide range of retail uses and businesses, governmental and professional offices and places of amusement or entertainment; and which provide a setting conducive to and safe for pedestrian traffic.

B)  PERMITTED PRINCIPAL USES

1)  General retail sales including but not limited to the following:

a)  General merchandising retail establishment

b)  Boat sales

c)  Pawn shop

d)  Retail feed store

e)  Second hand shop

f)  New building materials/supply sales and light custom assembly thereof.

2)  Automotive service including but not limited to the following:

a)  Auto sales - new and used

b)  Auto laundry (car wash)

c)  Auto repair and service shop

d)  Auto parts sales

e)  Motorcycle or bicycle shop

f)  Convenience stores and gas stations

3)  Recreational enterprises including but not limited to the following:

a)  Dance studio

b)  Night club/taverns

c)  Skating rink

d)  Gym - exercise club

4)  Miscellaneous uses including but not limited to the following:

a)  Business or trade school

b)  Repair or service, cabinet or carpenter shop

c)  Plumbing, heating, air conditioning or electrical service shop

d)  Rescue or revival mission

 
e)  Movie theaters (except drive-ins)

f)  Offices, banks, public buildings

g)  Hotels, motels

h)  Medical health center or clinic

I)  Public restaurants

5)  Any C-1 permitted principal use    

A)  PURPOSE 

 The I-1 Light Industrial/High-Tech/Heavy Commercial District is intended to provide areas for light industrial, high-tech, and heavy commercial uses without creating adverse effects on the surrounding land use. Industrial activities shall occur wholly within a building and storage of all material shall be stored within a building or an area that is screened by a wall or fence, with exceptions for storage of commercial product sales displays or items for sale.

1)  All permitted principal uses in a C-2 District.

The noise level produced within the building shall not be disruptive beyond the lot boundaries.

A)  PURPOSE 

 The I-2 Heavy Industrial District is intended to establish and preserve areas for industrial and related uses of such a nature that do not create serious problems of compatibility with other land uses, and to make provision for certain commercial uses which are most appropriately located as neighbors of industrial uses or which provide necessary services to the people in these areas.

B)  PERMITTED PRINCIPAL USES 

A)  PURPOSE  

 The MH Manufactured Housing/Mobile Home Park District is intended to provide sites for mobile home and/or manufactured housing communities at appropriate locations, in relationship to the existing and potential development of the surrounding area, while establishing an attractive residential environment.

B)  PERMITTED PRINCIPAL USES  

 Manufactured housing and mobile home park developments.    

A)  PURPOSE  

 The OS Open Space/Recreational District is intended to establish and preserve open space districts, districts both developed and undeveloped, and to allow public and quasi-public uses in such open spaces.

B)  PERMITTED PRINCIPAL USES  

 Recreational, public and quasi-public uses including but not limited to the following:

1)  Public/private parks

2)  Public schools

3)  Zoological garden

4)  Museums and libraries

5)  Cultural buildings and structures    

The intent of a Planned Unit District is to encourage innovative developments in certain zoning districts that will not distract from the original district intent. Developers of land in a Planned Unit District will be offered flexibility in design and development, as a means to this flexibility, regulations governing lot size, yards, building location, and land use type may be varied, subsequent to approval by the Plan Commission through the development plan process.

A)  PERMITTED DISTRICTS

1)  Planned Unit Developments (PUD) may be located only in RE, R-1, R-2, R-3, MH, C-1, C-2, I-1 and I-2 Districts. Planned Unit Developments are identified by a "P" designation following the permitted zoning district and shall also be identified on the zoning maps. A PUD District that combines a mix or grouping of these districts shall be referred to as a Mixed Use District (see 150.240 D) PLANNED MIXED USE DISTRICTS)

2)  Corresponding districts

1)  Purpose  

 The purpose of a Planned Residential District (REP, R-1P, R-2P, R-3P, or MH) is to encourage innovative residential communities and allow the developer of such communities the maximum amount of flexibility in design and development.

2)  Permitted uses 

 The uses permitted in each district shall be the same as those permitted within the corresponding RE, R-1, R-2, R-3, and MH District as found in this chapter.

C)  PLANNED COMMERCIAL DISTRICTS

1)  Purpose  

 A Planned Commercial District (C-1P or C-2P) shall provide for and encourage the grouping of businesses into centers and complexes, incorporating modern concepts of service and design.

2)  Permitted uses 

 The uses permitted in each district shall be the same as those permitted within the corresponding C-1 and C-2 District as found in this chapter.  

D)  PLANNED MIXED USE DISTRICTS

1)  Purpose  

 A Planned Mixed Use District (MUP) shall provide for and encourage the grouping of all planned district uses listed above into centers and complexes, incorporating modern concepts of service and design.

2)  Permitted uses 

 The uses permitted in a MUP district shall follow the same criteria as permitted in the individual planned unit districts listed above, and must be designed to be harmonious with each type of use.    

A)  DEVELOPMENT PLAN; GENERAL PROVISIONS

1)  Purpose  

 A development plan is intended to provide all pertinent information about a proposed development so the Plan Commission may make a knowledgeable decision whether or not the proposed development meets all the requirements of this chapter and the goals and objectives of the city master plan.

2)  Required developments for development plan  

 The development plan procedure, hereafter set forth, shall be required for the following developments:
 
a)  All manufactured housing/mobile home parks. Additional requirements are provided for in 150.251.

b)  All planned unit developments. Additional requirements are provided for in 150.252.

c)  All R-3, C-1, C-2, I-1 and I-2 principal use developments

d)  All cemeteries

3)  Subdivision plat 

   A subdivision plat shall be required along with a development plan as long as a subdivision of land, as defined, is occurring as a result of this development. Both development plan and the secondary subdivision plat shall be done concurrently with any duplicated requirements being counted for both processes.

B)  DEVELOPMENT PLAN PROCEDURES

1)  Pre-application procedures

a)  Required

1)  Development plan(s) and all required contents must be submitted and reviewed by the routing committee according to the procedures set forth by the Administrator/Zoning Administrator. Consideration by the developer and routing review committee shall be given to: the general layout of streets; drainage; sewage; fire protection; school and recreational sites; community facilities; developments, existing and proposed, in  the vicinity; and all other relevant factors. Consideration should also be given to the relationship of the proposed development to the Master Plan.

2)  All routing comments must be substantially fulfilled by the applicant. At such time as the development plan(s) and accompanying documents are in proper order as deemed by the Administrator/Zoning Administrator, the application and filing fee will be received. A date for the public hearing will be scheduled by the Administrator/Zoning Administrator as described in 150.250(B)(4).

3)  Upon application and review of development plan(s) by the City of Auburn Plan Commission, additional routing review may be required to further discuss and resolve any issues identified by the Plan Commission.

b)  Recommended

1)  A preliminary review between the Administrator/Zoning Administrator and developer; and/or

2)  A preliminary, informal routing review between the developer and routing review committee to:

a)  Inform the applicant of the standards and requirements of all applicable ordinances, including the Comprehensive Plan;

b)  Review the various procedures and submission requirements;

 
c)  Review with the applicant any inherent limiting characteristics of the specific site or surrounding areas; and

d)  Reduce the time period between the initial filing of plans and the public hearing.

3)  Neither of the recommended preliminary reviews substitute nor replace the requirement of a formal routing review, but merely affords an opportunity to familiarize the developer with city rules and regulations.

2)  Application for approval of development plans

a)  The application for approval of a development plan shall be submitted to the Commission on a form approved by the Commission, shall be signed by the owner(s) of record and shall contain a statement specifying the intentions of the owner respecting the proposed land use of the development, deed restrictions, drainage, sewage disposal, water facilities, and the intended date of the development. At the time of the submission of the application, the applicant shall pay to the Commission the filing fee established by rule of the Commission. The applicant shall also pay in full, prior to the date at which the application and development plan are considered by the Commission for approval, the mailing costs incurred by the Commission in furnishing notice of the public hearing as required by this chapter.

b)  A reproducible tracing and two copies of the proposed development plan shall be submitted to the Commission at the time the application is filed. The proposed development plan shall be drawn in ink and shall represent the complete and accurate layout of the project for the entire tract which the applicant intends to develop and over which he has an ownership or financial interest and/or control. The development plan shall be certified by the professional engineer, a licensed surveyor, and/or licensed landscape architect.

3)  Contents of development plan  

 a)  General Requirements

 The development plan for which an application for approval is sought shall contain the supporting data and site plan and supporting maps described below. This information is to be submitted for all of the site included in the application. Applications can be reviewed only for those areas for which all required submission data have been presented.

b)  Supporting data

1)  Legal description of the parcel of real estate for which approval is sought;

2)  Restrictive covenants including provisions for open space maintenance, when applicable;

3)  Traverse closure;

4)  Construction performance schedule and accompanying development plan indicating delineations of specific areas. If applicable, those areas required to have open space shall include the time of the development of recreational or other facilities within the open space. The development plan shall also indicate the location of any construction access roads and their relationship to the staging of development;

5)  Letters of comment from the County Surveyor's Office, the department heads of the city including the City Engineer, and other public agencies having approval over the wastewater disposal system and fresh water supply system, including storm water calculations and shed map;

6)  Letters from the utilities serving the area, setting forth their ability to serve the development;

7)  Information on the number and type of structures, parcel size, proposed lot coverage of buildings and structures, together with gross residential densities, type of dwelling units and net density per type of dwelling unit when mixed use, where applicable.

c)  Site plan and supporting maps

1)  Date, scale (graphic and written), north point, name and address of the designer and/or engineer, name and address of the developer of the tract, and name of development;

2)  Dimensions of the boundaries of the tract including bearings and distances and the exact location of all existing and recorded streets intersecting the boundary of the tract;

3)  The existing and proposed site conditions including contours based on USGS elevations, water courses, drainage ways, floodplain elevations, wooded areas, soil types (including interpretation of character), utilities, streets, sidewalks, and other unique natural features;

4)  The location, minimum size and configuration of areas to be conveyed, dedicated, or otherwise reserved as common open spaces, parks, recreational areas, school sites and similar public and semi-public uses, where applicable;

5)  Section or reserve lines or other legal points of reference and distances to same;

6)  Building lines, lot lines, easement locations and dimensions;

7)  Lot numbers and individual addresses for each lot;

8)  Plans, profiles, cross sections and names, location and geometrics for streets and entrances onto public rights-of-way, including acceleration-deceleration and passing lanes, and dedication documents when applicable;

9)  Plans and cross sections for pedestrians’ walkways;

10)  Easements such as pedestrian, utility, drainage, and the like;

11)  Sanitary and storm sewer plans and profiles, and water line plans;

12)  Parking areas, including plans, cross sections, and landscaping details;

13)  The length of all arcs and radii, central angles, internal angles, points of curvature and tangency, the length of all tangents, intersection radii and right-of-way widths;

14)  Lighting plan, including areas to be lighted, photometrical map of area to be lighted, the type of fixtures to be used, and the lighting intensity level for all areas to be lighted, when required;

15)  The proposed treatment of the perimeter of the site, including materials and techniques to be used such as screens, fences, walls and landscaping;

16) Landscape plans, including the location of all landscape materials and elements, which requirement is waived in those areas used for single-family residential purposes;

17)  Right-of-way shall be provided by developer according to thoroughfare map; and

18)  Such other data which may be required by the Commission.

4)  Hearing procedure for approval

a)  Within 30 days after the date of receipt of the application for approval, the proposed development plan and the filing fee, the Administrator/Zoning Administrator shall announce the date and time of the public hearing for approval of the development plan to be held before the Commission and provide such, in writing, to the applicant. The applicant shall also provide notice of such hearing, as follows:

1) By publication in accordance with IC 5-3-1, as may be amended from time to time;

2) To all public agencies and governmental units having a probable interest in the proposed plat, furnishing a copy thereof and requesting their written comments with regard thereto; and

3)  To such other interested parties and in such manner as the Commission or Administrator/Zoning Administrator may designate.

b)  The public hearing for approval of the proposed development plan shall be conducted in accordance with such procedures as the Commission may adopt by rule.

5)  Action by Commission for approval of development plans

a)  After public hearing upon the proposed development plan, the Commission shall determine if it complies with and satisfies the standards prescribed for approval under this chapter. Within a reasonable time after such hearing, the Commission shall either grant, with or without conditions, or deny approval of the proposed development plan and enter written findings and decision in accordance with such action, signed by any one of the following: the President, the Vice President, the Secretary or the Administrator/Zoning Administrator of the Commission; provided however, that if approval is denied, the written findings entered by the Commission shall set forth the reasons for such denial and shall be furnished to the applicant within 30 days thereafter.

b)  Notice of the Commission's decision upon the application for approval shall be provided by furnishing a copy of its written findings and decision to the applicant and to such remonstrators or other interested parties, if any, as the Commission may designate by rule. Such notice shall be furnished by the Administrator/Zoning Administrator within five days after the Commission's decision in the manner prescribed by the Commission, by rule duly adopted.

c)  Notwithstanding the requirements of this chapter for submission to the Plan Commission of certain approvals for improvements to be installed, the Plan Commission may, upon written request by the applicant, supported by evidence that all submissions have been timely filed, grant approval of a development plan although one or more of such approvals may not have been delivered to or received by the Plan Commission. The Plan Commission may grant such approval only when the applicant provides a written statement made under oath and approved by the Plan Commission or the Commission staff, for recordation as a protective covenant or supplement thereto, stating that the applicant will cause to be provided at his cost all things necessary to attain or accomplish the delivery of the required approval(s) which shall not then have been delivered to or received by the Commission. If the applicant does not then deliver such approval(s) in a timely fashion, the Commission is hereby empowered to refuse to issue either improvement location permits or certificate of occupancy permits. Once the applicant has thereafter secured and delivered to the Commission the required approval(s), the Administrator/Zoning Administrator shall then execute a recordable document, which shall be recorded by the applicant at his expense, rescinding the aforesaid recorded written statement.

6)  Issuance of permits  

 Prior to the issuance of an improvement location permit for any development where a development plan is required, the following matters shall be accomplished:

a)  The Commission shall have granted approval of the development plan in accordance with this chapter and the city comprehensive master plan; or

b)  The applicant shall have duly recorded in the Office of the County Recorder, the utility easements, rights-of-way, plats, deed restrictions, or any other legal instruments required, and in the form approved, by the Commission.

7)  Amendment to approved development plan  

a)  After the Commission has granted approval of a development plan, any amendments thereto shall be submitted by the applicant to the Administrator/Zoning Administrator by way of an amended application for the type of approval sought, on a form prescribed by the Commission. Any such application shall also be accompanied by the pertinent submissions required under this chapter for the proposed amendments involved, together with the requisite filing fee if a public hearing is required hereunder to be held upon the amended application.

b)  Any application submitted for an approved development plan amendment shall contain the signatures of all owners of record, as shown in the real estate master file maintained by the County Auditor, at the time such application is filed, of the real estate included in the development plan.

c)  If in the opinion of the Administrator/Zoning Administrator, the amendment to the development plan proposed in such application is substantial, in terms of the scope of the overall project and/or the possible impact upon the community and land uses, both existing and planned, which surround the area included in the development plan, then the Administrator/Zoning Administrator may either require the matter to be heard by the Commission, at a public hearing, or defer such decision to the Plan Commission for a determination as to the necessity of such public hearing. In the event such determination is to be made by the Plan Commission, notice of the date and time of the meeting of the Plan  Commission at which such determination is to be made shall be given by the Administrator/Zoning Administrator to the applicant. No other notice need be given, except as required by law. Any action by the Plan Commission in determining whether a public hearing must be held before the Commission upon the amendments proposed by the applicant shall be a final decision, which may not be appealed to the Board except by a dissenting Plan Commission member as provided by rule.

d)  Notwithstanding the foregoing provisions, nothing in this section shall preclude the Commission from requiring, as a condition for the granting of approval of an overall development plan, that subsequent public hearings be conducted before the Commission, as to any portions of the overall development plan or any later amendments, alterations or modifications proposed with regard thereto. The Commission may, however, waive any procedural or submission requirements otherwise provided under this chapter it may deem necessary when reviewing a change to an approved development plan.

e)  If the Commission requests, or is required under the provisions of this chapter, to conduct a second or subsequent public hearing for approval of a development plan or an amendment thereto, then such hearing shall be conducted and notice furnished in accordance with the provisions of this chapter and the pertinent rules duly adopted by the Commission.

C)  DEVELOPMENT PLAN DESIGN STANDARDS  

 The following minimum design standards shall apply to all size improvements on real estate for which a development plan is required. Individual zoning districts may also supplement the following standards with more detailed standards pertinent to individual districts.

1)  Environmental design

a)  It is the intention of the Plan Commission to encourage the preservation of natural site amenities and to minimize the disturbance to the natural environment.

b)  Existing trees and other natural features shall be preserved whenever possible. The location of these features must be considered when planning common open space, location of buildings, underground services, walks, paved areas, and finished grade levels. The Commission may inquire into the means whereby natural features will be protected during construction.

2)  Building separation  

 In reviewing the location of all structures within the development plan boundaries, the Commission shall determine that said structures are located to allow adequate light, air, ease of entry and access by emergency vehicles. For those districts without specified yard requirements, the Commission shall be guided by the following:

a)  That the open areas provided around the building be sufficient to provide the occupants of the structure with adequate light and air from all outside walls which contain windows or doors;

b)  That sufficient space is provided for access and entry to buildings from all streets, parking lots and other buildings; and

c)  That in the event lots for one-family or two-family dwellings are to be sold prior to construction and the applicant cannot indicate structures on the development plan, said structures shall be subject to the yard provisions of the Zoning and Subdivision Codes for the R-1, R-2, and R-3 Districts or other Commission-approved minimums, unless specifically waived.

3)  Vehicular circulation facilities 

 All right-of-way widths and street improvements must meet the requirements of the subdivision Control Code as now or hereafter amended. All streets shall be surfaced to meet city street specifications governed by street classification.

4)  Pedestrian circulation facilities  

 Pedestrian walkways shall be constructed in a location and to specifications approved by the Commission. Such walkways shall provide for pedestrian circulation throughout the development and shall be separated from vehicular traffic. Where distance separation cannot be achieved, physical separation may be required in cases which the Commission deems necessary.

5)  Sanitary sewer disposal and water supply system 

 All sanitary sewer, disposal, and water supply systems, including but not limited to fire hydrants, either private or public in nature, shall be subject to compliance with local and State Board of Health Requirements. Plans must be submitted to and approved by the responsible agencies. It is intended herein that all development plans comply with the fire hydrant spacing requirements contained in the subdivision control ordinance regardless of district or type of development.

6)  Recreation space 

a)  The specific requirements for the amount and type of recreation space are contained in those parts of this chapter dealing with specific zoning district requirements. The following standards are to be utilized in the evaluation of all required recreation space in a Commission-approved development plan:

1)  Commission-approved recreation space shall be provided in all REP, R-1P, R-2P, R-3P, MUP, MHP, and MH Districts. The purpose of providing this space shall be to meet the immediate and future recreational needs of the development's residents in a neighborhood setting. Recreation space may be provided in a centrally located site, in distinctly separated sites, as connecting links between separated activity areas, or adjacent to other existing or proposed recreation spaces. The Commission shall determine if the proposed recreation space is suitable for the intended use. This requirement may be waived when, in the opinion of the Commission, the applicant has satisfactorily demonstrated that he has provided alternative methods for meeting the recreational needs of his development's residents.

2)  All developments with recreation space must contain acceptable covenants which, in the opinion of the Commission, insure adequate maintenance of those recreation spaces, when applicable.

b)  Physical improvements  

 The term recreation space shall be interpreted to mean void of non-recreational structures, street rights-of-way, open parking areas and driveways for dwellings.

c)  Use of recreation space  

 Space intended for limited recreational or other uses, such as a golf course, to which all residents of the development may not be permitted free access because of the payment of a fee or a charge, shall have a maximum of three-fourths of said space utilized in meeting and recreation space requirements of the total development.

7)  Paving 

 All access drives and off-street parking facilities shall either be paved with concrete or with other approved surfacing material to adequately provide a durable and hard surface.

8)  Parking standards  

 Parking areas may be required to meet the following requirements:

a)  Parking areas may be required to be arranged so as to prevent through traffic to other parking areas;

b)  Parking areas shall be screened from adjacent non-related structures, roads and traffic arteries with plantings, earth berms, walls or changes in grade, when deemed necessary by the Commission;

c)  All parking areas shall be marked so as to provide for orderly and safe parking, storage and movement;

d)  When it is in the interest of safety and better vehicle and pedestrian circulation, the Plan Commission may require the use of landscape elements to provide physical separation of use areas;

e)  All parking areas shall be adequately lighted. All such lighting shall be so arranged as to direct the light away from adjoining real estate; and

f)  All parking areas and off-street loading areas shall be graded and drained to remove all surface water without erosion and flooding.

9)  Street lighting  

 Street lighting shall be provided in all residential development. Alternative street lighting proposals will be considered by the Commission if found to be appropriate in scale and intensity. Where pedestrian facilities are separated from streets to the extent that they are not adequately lighted from the street light facilities, separate lighting facilities shall be provided on such pedestrian facilities.

10)  Trash Receptacles

  In R-3, MH, C-1, C-2, I-1, and I-2, districts or related PUDs, all trash receptacles shall be enclosed with opaque screening on all sides.

A)  Prior to issuance of an improvement location permit in an MH District, the Commission shall grant approval of a development plan for the entire tract in which improvements are to be located.

B)  In determining action to be taken on a proposed development plan, the Commission shall be governed by the design standards and policies established in 150.250 and supplemented below:

1)  Lot area and density

a)  The tract to be developed shall contain a minimum of five acres.

b)  Each lot shall contain a minimum of 3,200 square feet.

c)  All lots within the proposed project shall have a minimum lot width of 40 feet.

2)  Yard requirements

a)  A minimum side and rear yard depth of 15 feet is required along the (outside) perimeter of an MH District.

b)  Minimum interior yards for the project shall be provided in accordance with the following standards:

1)  A minimum required setback of six feet from the existing right-of-way of any interior street within the project;

2)  The minimum distance between units shall be 25 feet; however, dwellings with extensions may project ten feet into the side yard adjacent to the main entry or to the side lot line opposite to the main entry; provided further that in no case shall a dwelling have less than 18 feet aggregate of side yards between homes;

3)  A minimum side yard of six feet is required;

4)  A minimum rear yard of eight feet is required.

3)  Minimum street requirements shall be as follows

a)  Streets shall be surfaced and improved to the standards and specifications of the Board of Works and Safety unless said streets have been built and maintained as private drives.

b)  A typical cross-section of any and all streets should be submitted, at the time of application, to the Board of Public Works and Safety for approval.

c)  All driveways, access roads, streets and lanes within the mobile home park shall be identified by some means in order to avoid confusion on the part of police and emergency equipment when called to a particular location within the mobile home park.

d)  In the event the developer proposes to establish driveways or streets within the mobile home park as public streets, the design shall meet the minimum standards as prescribed by the Board of Works and Safety.

4)  Minimum parking requirements shall be as follows

a)   Minimum street or driveway improvements, where off-street parking is provided, shall be 30 feet in width.

b)   Minimum street or driveway improvements, where no off-street parking is provided, shall be 36 feet in width.

c)  Parking spaces shall be provided at a rate of two parking spaces per lot.

5)  Sidewalks, 30 inches in minimum width, shall be provided on both sides of the street and designed to meet the standards of the Board of Works and Safety.

6)  All mobile homes shall be skirted with metal or nonflammable material, entirely enclosing the bottom, within 90 days after placement.

7)  Each lot shall be provided with a ten-foot by ten-foot concrete slab, which will serve as a location for individual tenant storage.

8)  A hard-surfaced walkway or patio connecting the dwelling with its off-street parking area shall be provided.

9)  Each lot shall contain an area reserved for the placement of a living unit, the base construction (i.e., foundation, pads, ribbons, and the like) of which shall meet or exceed the State Department of Environmental Management.

10)  Each living unit lot shall be provided with anchors, tie downs or other devices, as per State Board of Health rules and regulations, or any other requirements imposed by law, for insuring the stability of the mobile home.

11)  All sewer and water service shall be installed by the developer, and shall conform to the minimum standards of the City of Auburn and the DeKalb County Health Department, including but not limited to fire hydrants.

12)  At least 500 square feet per living unit shall be reserved for open/recreation space areas; this figure is in addition to any private open areas created by yard requirements.    

A)  PLANNED RESIDENTIAL DISTRICT

1)  Prior to issuance of an improvement location permit in an REP, R-1P, R-2P or R-3P District, the Commission must grant approval of a development plan for the entire tract in which the improvements are to be located. The submissions and procedures required to obtain such development plan approval are set forth in 150.250.

2)  In determining the action to be taken on a proposed Planned Residential District development plan, the Commission shall be guided by the design standards set forth in 150.250 of this chapter and supplemented below:

a)   All requirements will be equal to those in the corresponding districts unless specifically waived by the Commission at the time of development plan approval. In the event the Commission waives any requirements, it must find that the general intent, spirit and purpose of the requirements are met.

b)   All Planned Residential Districts shall have open space unless waived by the Commission. Recommended open space provisions are as follows:

1)  Within the REP, R-1P and R-2P Districts, open space shall be provided at a rate of 750 square feet per dwelling.

2)  In an R-3P District, 35% of the net site area shall be maintained in open space of which 120 square feet per dwelling shall be developed recreational land.

B)  PLANNED COMMERCIAL DISTRICT

1)  Prior to issuance of an improvement location permit in a Planned Commercial District, the Commission must grant approval of a development plan for the entire tract in which the improvements are to be located. The submissions and procedures required to obtain such development plan approval are set forth in 150.250. The Commission, during its review process, shall consider the following items:

a)  Jointly used parking facilities will be encouraged by the Commission, thereby reducing the number of individual entrances and exits to thoroughfares;

b)  The applicant shall submit a set of sign standards to be reviewed by the Commission. Said standards will be approved as part of the secondary development plan, and joint use of signs will be encouraged where deemed necessary by the Commission.

2)  In determining the action to be taken on a proposed development plan, the Commission shall be guided by the design standards and policies established in 150.250 and supplemented below:

a)  All requirements shall be equal to those in the regular districts unless specifically waived by the Commission at the time of development plan approval; in the event the Commission waives any requirements, they must find that the general intent, spirit and purpose of the requirement are met;

b)  The Commission shall require 10% of the net site area to be landscaped; landscaping elements include but are not limited to planting beds, islands, embankments and other aesthetic areas.

3)  In determining the action to be taken on a proposed development plan, the Commission shall be guided by the design standards and policies established in 150.250 and supplemented below:

a)  All requirements shall be equal to those in the regular districts unless specifically waived by the Commission at the time of development plan approval; in the event the Commission waives any requirements, they must find that the general intent, spirit and purpose of the requirement are met;

b)  The Commission shall require 10% of the net site area to be landscaped; landscaping elements include but are not limited to planting beds, islands, embankments and other aesthetic areas.

C)  PLANNED INDUSTRIAL DISTRICT

1)  Prior to issuance of an improvement location permit in a Planned Industrial District, the Commission shall have granted approval for the total site. The submissions and procedures required to obtain such development plan approval are set forth in 150.250. The Commission, during its review process, will consider the following items:

a)  Jointly used parking facilities shall be encouraged by the Commission, thereby reducing the number of individual entrances and exits to thoroughfares;

b)  The applicant shall submit a set of sign standards to be reviewed by the Commission. Said standards will be approved as part of the secondary development plan, and joint use of signs will be encouraged where deemed necessary by the Commission.

2)  In determining the action to be taken on a proposed development plan, the Commission shall be guided by the design standards and policies established in 150.250 and supplemented below:

a)  All requirements shall be equal to those in the regular districts unless specifically waived by the Commission at the time of development plan approval;

b)  In the event the Commission waives any requirements, they must find that the general intent, spirit and purpose of the requirement are met.  

A)  Prior to the issuance of an improvement location permit for a cemetery, the Commission shall grant approval of a development plan for the entire tract in which improvements are to be located.

B)  In determining the action to be taken on a proposed development plan, the Commission shall be governed by the design standards and policies established in 150.250 as supplemented below:

1)  The tract to be developed shall contain a minimum of five acres. This requirement does not apply to contiguous expansions or additions to existing cemeteries.

2)  Where the tract abuts a residential use, a tight screen, effective at all times, of a size and composition to be designated by the Commission, but not less than six feet in height, shall be required.

3)  No structure shall be erected upon the tract exceeding 25 feet in height.

4)  Outdoor advertising and artificial lighting shall be installed only as specifically approved by the Commission and in such a manner as to minimize or eliminate annoyance or inconvenience to surrounding property owners.

5)  All driveways or thoroughfares within the tract intended for vehicular traffic shall be surfaced in such a manner as specifically approved by the Commission to reduce or eliminate the creation of dust.

6)  A minimum setback of 30 feet shall be required on all sides of the tract, not contiguous to an existing cemetery, which do not abut a public thoroughfare. Where a side of the tract abuts a public thoroughfare, then a setback shall be required from the right-of-way of that thoroughfare of a distance to be designated by the Commission.

C)  This section shall apply to any new cemetery or expansion of any existing cemetery on to land for which an improvement location permit has not been issued.    

Lands which may hereafter become incorporated areas of the city or may be provided for by the enactment of IC 36-7-4-205, as amended, and the October 1, 2007 Inter-Local Cooperation Agreement between DeKalb County and the City of Auburn shall be as determined by the City of Auburn Common Council as part of an approved annexation fiscal plan or by the equivalent corresponding DeKalb County zoning classification in those areas being added to the City’s Extra Territorial Jurisdiction.

SUPPLEMENTARY REGULATIONS

A)  PRIOR BUILDING PERMITS  

 Any building permit issued by the city prior to the effective date of this chapter shall be valid even though not conforming to the provisions of this  chapter, provided that construction is commenced within 90 days after the date of permit issuance, construction is carried on diligently and without interruption for a continuous period in excess of 30 days, and the entire building is completed according to the plans filed with the permit application within two years after the issuance of the building permit.

B)  ACCESS TO A STREET

 Any one lot of record created before the effective date of this chapter without any frontage on a public street shall not be occupied without access to a public street provided by an easement or other right-of-way no less than 20 feet wide. Not more than one lot may be served by such an access route.

C)  REAR DWELLING PROHIBITED 

 No building in the rear of and on the same lot with a principal building shall be used for residential purposes except for watchmen, caretakers, and domestic employees whose employment functions are related to the functions of the principal building and permitted mixed uses; provided that all requirements of this chapter are satisfied.

D)  UNSAFE BUILDINGS  

 Nothing in this chapter shall prevent compliance with an order by an appropriate authority to correct, improve, strengthen, or restore to a safe condition any building or any part of a building declared to be unsafe.

E)  BUILDING GRADES  

 The finished surface of ground areas outside the walls of any building constructed or altered shall be so designed that surface water flows away from the building walls in such a direction and collection that inconvenience or damage to adjacent properties will not be caused. All finished ground grades shall be subject to the approval of the Administrator and/or City Engineer.

F)  CHANGES IN USE 

 No existing building or other structure in any district shall change its use or have a certificate of occupancy issued for any use other than that for which the building or structure has been designed, constructed, or used prior to the effective date of the passage of this chapter unless a building or structure is altered to conform to the requirements of the district in which it is located and the requirements of the Building Code for the city as specified for the proposed use.

G)  RELOCATIONS  

 No existing building or other structure within or outside of the city shall be relocated upon any parcel or lot located in the city unless the building design and construction are compatible with the general architectural design and construction of the buildings or other structures presently located in the immediate area of the zoning district containing the proposed location, or the building or structure can be located upon the parcel or lot and conform to the other requirements of the zoning district in which the parcel or lot is located.

H)  ACCESS TO COMMERCIAL AND INDUSTRIAL DISTRICTS 

 Private access to commercial and industrial districts shall not be permitted to or through residential district zones except by special use permit.

I)  ACCESS ROAD  

 In a C-2 District, each property shall provide a paved access drive no less than 20 feet wide with unimpeded access to adjoining properties.

J)  LIGHTING STANDARDS:

 This lighting standards section applies to all districts:

1.   Applicable Codes: All outdoor illuminating devices shall be installed in conformance with the provisions of this Chapter of the Zoning Code as well as may be referenced to in the Subdivision Control Ordinance and the Building Code.

2.   Definitions:

a.   Architectural Accent Lighting: Lighting designed to reveal architectural beauty, shape and/or form and for which lighting for any other purpose is incidental. To include:

i.   Landscape Lighting: Lighting of trees, shrubs, or other plant material as well as ponds and other landscape features.

ii.   Ornamental Lighting: Lighting that does not impact the function and safety of an area but is purely decorative, or used to illuminate architecture and/or landscaping, and installed for aesthetic effect.

a.   Floodlight: A large, powerful light, typically one of several used to illuminate a sports ground, a stage, or the exterior of a building. (As per the Oxford US English Dictionary.)

b.   Footcandle: The unit of measure expressing the quantity of light received on a surface. One footcandle is the illuminance produced by a candle on a surface one foot square from a distance of one foot.

c.   Fully Shielded: Constructed and installed in such a manner that all light emitted by the luminaire, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane through the luminaire’s lowest light-emitting part.

d.   Glare: Lighting entering the eye directly from luminaires or indirectly from reflective surfaces that causes visual discomfort or reduced visibility.

e.   Light Trespass: Light that falls beyond the property it is intended to illuminate.

g.   Lumen: The unit of measure used to quantify the amount of light produced by a lamp or emitted from a luminaire (as distinct from “watt”, a measure of power consumption).

h.   Luminaire: The complete lighting unit (fixture), consisting of a lamp, or lamps and ballast(s) (when applicable), together the parts designed to distribute the light (reflector, lens, diffuser), to position and protect the lamps, and to connect the lamps to the power supply.

i.   Luminaire Lumens: For luminaires with relative photometry per the Illuminating Engineering Society (IES), it is calculated as the sum of the initial lamp lumens for all lamps within an individual luminaire, multiplied by the luminaire efficiency. If the efficiency is not known for a residential luminaire, assume 70%. For Luminaires with absolute photometry per IES LM-79, it is the total luminaire lumens. The lumen rating of a luminaire assumes the lamp or luminaires is new and has not depreciated in light output.

j.   Lux: The International System of Unit (SI) of illuminance. One lux is one lumen per square meter. One lux is a unit of incident illuminance approximately equal to 1/10 footcandle.

k.   Partially Shielded: A luminaire with opaque top and translucent or perforated sides, designed to emit most light downward in such a manner that more than zero but less than ten per cent of the light emitted directly from the lamp or indirectly from the luminaire is projected at angles above the horizontal.

l.   Shielded Directional Luminaire: A luminaire that includes an adjustable mounting device allowing aiming in any direction and contains a shield, louver, or baffle to reduce direct view of the lamp.

m.   Spotlights: A lamp projecting a narrow, intense beam of light directly on to a place or person, especially a performer on stage. (As per the Oxford US English Dictionary.)

n.   Unshielded Luminaire: A luminaire capable of emitting light in any direction including downwards.

3.   Applicability: New Uses, Buildings and Major Additions or Modifications:

a.   New Development. For all proposed new land uses, developments, buildings, and structures that require a permit, Board of Zoning Appeals approval, and/or Plan Commission approval, all lighting fixtures shall meet the requirements of this section.
b.   Change in Use. If there is a change in use of the property, the provisions of this section shall apply when the new use commences.
c.   Additions or Modifications. All building additions or modifications of 25% or more in terms of additional dwelling units, gross floor area, or parking spaces, either with a single addition or with cumulative additions, shall cause the requirements of this section to apply to the entire property, including previously installed and any new outdoor lighting.
d.   Replacement Lighting. Cumulative modification or replacement of outdoor lighting constituting 25% or more of the permitted lumens for the parcel, no matter the actual amount of lighting already on a nonconforming site, shall constitute a major addition for purposes of this section.
e.   New Lighting. Any new outdoor lighting on the site shall meet the requirements of this section.
4.   Interpretation:

a.   Initial Lumens. For the purposes of the Zoning Code Ordinance, lumens” means “initial lumens.” The acceptability and shielding restrictions applicable to a particular lamp are decided by its initial lumen output, not wattage; check manufacturer’s specifications.

b.   Light Trespass Measurements. Measurements of light readings along any portion of a property line of the subject property shall be taken with a light meter facing the light source.

5.   Prohibitions:

a.   Laser Source Light. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal or off site, is prohibited.
b.   Searchlights. The operation of searchlights is prohibited except when used by civil authorities for purposes of public safety.
c.   Strobe Light. The use of strobe or any similar light is prohibited.
d.   Towers. Tower lighting shall not be permitted unless required by the Federal Aviation Administration (FAA).

6.   Uniformity: All lighting fixtures and poles within a single development shall be consistent in style, color, size, height, and design and be compatible with the architecture of the building.

7.   Shielded: All freestanding lights and lights mounted on walls or facades shall have at least partially shielded luminaires.

8.   Design and Installation Guidelines:

All lighting fixtures shall be shielded with opaque material to prevent direct lighting on streets, alleys, and adjacent properties, except as specified otherwise herein.

All lighting fixtures shall be partially or fully shielded installed, except as specified otherwise herein.

a.   All lighting fixtures that are required to be shielded shall be installed and maintained in such a manner that the shielding is effective as described herein for shielded fixtures.

b.   A lighting fixture may beam light upward, if all such upward light is reflected back down by a canopy, roof, or other such fixture.

c.   All lamps emitting 1,000 lumens or more, except motion detector-activated lighting, must be either partially or fully shielded to an observer at the property line. This can be achieved with light fixture location, mounting height, natural or artificial barriers on the fixture owner’s property, fixture shielding, and other fixture design features.

d.   Floodlights and spotlights shall be fully shielded when the source is visible from any off-site residential property or public right-of-way.

e.   The centerline beam of a floodlight or spotlight shall be aimed no higher than 45 ˚ above vertical; however, light fixtures that cast illumination over more than 90 ˚ shall be aimed such that no light shall be cast above the horizontal.

9.   Architectural Accent Lighting: All ground lighting greater than 260 lumens used to cast light on building facades, building features, flags or signs shall have shields to ensure that light does not project beyond those features. The minimum amount of light necessary to light those features shall be utilized. The light fixture and bulb shall be shielded from view of any street, sidewalk, or parking lot.

10.   Light Trespass: All nonexempt lighting fixtures shall be installed so as to not cause light trespass beyond the property boundary.

a.  When the adjacent property is either zoned or used for residential purposes, lighting from the subject property shall not cause more than one lux at any location along the adjoining property line.

b.  When the subject property is zoned for commercial or industrial use and the adjacent property is also zoned and used for commercial or industrial use, lighting from the subject property shall not cause more than five luces at any location along the adjoining property line (only on the sides of the subject property that are adjacent to the similarly zoned district.)

11.   Outdoor Event Lighting: Outdoor Event/Sport field/Sporting Event lights shall not exceed one hundred (100) feet in height and shall be shut off by 11:00 p.m. on any given night in privately or publicly owned sport fields or as designated per park ordinance in sport fields regulated by the City of Auburn Parks Department or as permitted by the Board of Public Works and Safety.

12.   Maximum Luminaire Elevation: Parking lot lights shall not exceed twenty-five (25) feet in height, unless Plan Commission approval allows for an increased height subject to any defined conditions.

13.   Lighting Plan: The Lighting Plan shall be submitted in the form of a photometric plan, shall be reviewed as part of an Improvement Location Permit application, and shall also be required to be submitted with all Development Plans, where applicable.

14.   Exemptions:

A)  1)  TEMPORARY BUILDINGS  

   No temporary building or temporary structure shall be erected, reconstructed, enlarged, or moved on to any lot, plot or tract of land unless it conforms with this chapter.

2)  A manufactured structure may be moved on to a lot, plot or tract of land and may be used as a temporary office, and provided that the following conditions are met:

a)  The Administrator/Zoning Administrator shall issue a building permit for such temporary use for a period not to exceed six months. Upon expiration, the building permit may be extended for up to one additional year by the Administrator/Zoning Administrator upon adequate showing by the owner that the permanent building on the lot is not suitable for occupancy due to conditions beyond his control. Only one said extension shall be allowed for said permit, after the final expiration of said permit, the temporary office shall be vacated and removed within 30 days of the expiration date.

b)  The temporary field office shall comply with all county and state health requirements which would be imposed upon a permanent residence on the same lot, plot or tract.

c)  A construction field office is exempt from division (a) above.

3)  A recreational vehicle is permitted as a temporary accessory use without regard to the other provisions of this chapter except as specified in this division (3), and provided that the following conditions are met:

a)  Such recreational vehicle shall be permitted only on the property for a maximum of 60 days. Thereafter, the recreational vehicle shall be removed from the property for a period not less than 30 days;

b)  Such recreational vehicle shall be permitted only on property having an existing permanent dwelling;

c)  Such recreational vehicle shall be occupied by a member of the family (father, mother, son or daughter, and the like) residing in the permanent dwelling, or by an employee of the resident in the permanent dwelling;

d)  Such recreational vehicle shall not be permitted to encroach on the required yard or setback as specified by the zone in which it is located.

B)  ACCESSORY BUILDINGS 

 An authorized accessory building may be built as part of the principal building, or it may be connected to it by a roofed-over porch, patio, breezeway or similar structure, or they may be completely detached. If the accessory building is detached from the principal building, it must be at least ten feet from any other separate structure on the same lot.

C)  JUNKED MOTOR VEHICLES 

 Junkyards and vehicle storage yards are permitted in I-2 and I-1 Districts (see 150.235 and 150.236). These regulations are not intended to limit or restrict the hobbyist or sports car enthusiast. However, if a hobby use is claimed, the vehicles to be restored shall be specifically identified to the Zoning Administrator and all restoration processes shall be kept wholly within a building. Vehicles or parts of these for hobby use may be kept outside of a building, provided the vehicle or parts of them are not in view from a public thoroughfare or are screened from view by a Commission-approved material.

D)  EXCAVATION OF TOPSOIL  

 Topsoil shall not be stripped, excavated or otherwise removed on any premises for sale or for use except for the following conditions:

1)  When in connection with a building permit authorized excavation of other soils as provided in division (E) below.

2)  When as a product of a building permit authorized excavation of other soils as provided in division (E) below.

E)  EXCAVATION OF SOILS AND MATERIALS  

 The excavation of all types of soils and minerals other than topsoil may be authorized in any district except a Wetland (W) District by the City Board of Zoning Appeals by the issuance of a special use permit. To obtain a special  use permit, procedures must be completed which establish specified conditions and safeguards. A special use permit may include authorization for  the erection, installation and use of necessary buildings, equipment and additional accessories necessary for the excavation operation. A special use permit may also describe the condition in which the property is to be left after the excavation is completed.  
 

A)  Except as otherwise specifically provided in this chapter, no building or structure shall be erected, altered, enlarged or reconstructed to exceed the height limit established for the district where such building or structure is located as follows:

2)  All height regulations and exceptions excluding telecommunication facilities and cell towers (see section B) 6) shall not exceed the current firefighting limits of the City Fire Department.

B)  EXCEPTIONS TO HEIGHT LIMITATIONS

1)  In an R-3 District, any permitted dwelling may be increased in height provided each required side yard is increased an additional one foot for each additional height of three feet exceeding 40 feet.

2)  In I-1 and I-2 Districts, any permitted building may be increased in height provided each required side yard is increased an additional one foot for each additional height of one foot exceeding 70 feet for I-1 and 80 feet for I-2.

3)  On through lots 150 feet or less in depth, the height of a building may be measured from the adjoining curb level on either street.

4)  On through lots more than 150 feet in depth, the height regulations and basis of height measurements shall be from the curb permitting the greater height.

5)  Penthouses or roof structure for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, television aerials, electrical transmission poles and substations, and communication facilities and poles, excluding wireless telecommunication facilities and cell towers (see 6 below), theater screens, steeples, roof signs, flagpoles, chimneys, smokestacks, wireless masts, water tanks, gas containers, industrial installation requiring a vertical production procedure such as flour mills, steel mills and refineries, or similar structures may be erected above the height limits herein prescribed, but no such structures, or any place above the height limit, shall be allowed for the purpose of providing additional floor space for residential, business or industrial use.

6)  Telecommunications Facilities and Cell Towers

 General Purpose is:  

a)   To regulate the location of wireless telecommunication facilities and cell towers within the City’s planning jurisdiction.

b)   To protect certain land uses and residential areas from potential adverse impacts of telecommunication facilities and cell towers.

c)   To promote and encourage shared use and co-location of wireless telecommunication facilities and cell towers as the primary option before the construction of new facilities.

d)   To provide visual impact guidelines through landscape and design standards in support of the location of these facilities with the surrounding land uses and zoning districts.

e)   To insure that such facilities and structures are designed, constructed, and maintained in a safe and sound manner.

Telecommunications facilities and cell towers are subject to the following requirements:

a)   Wireless telecommunications facilities and cell towers shall require;

i)   Contingent Use approval by the Board of Zoning Appeals,

ii)   Site Plan review by the Administrator/Zoning Administrator and,

iii)   Shall meet all other requirements of this chapter. Applicants are encouraged to setup a pre-application meeting with Planning Department staff.

b)   Demonstrate that the telecommunications tower is reasonably necessary to serve the adjacent or nearby area.

c)   No new telecommunications tower shall be permitted unless the applicant is unable to locate or co-locate on an existing structure.

Documentation Criteria from the Tower Applicant(s):

a)   Provide a statement explaining the purpose of the tower, why it is needed and the reason(s) for the proposed location (include a list of any nearby existing towers)

b)   Document efforts towards co-location; the applicant is to provide a statement addressing efforts made to co-locate on existing towers (please include a list of towers where co-locations were attempted and reasons why co-locations were unsuccessful). Note: Co-location shall mean the use of an existing tower or structure to support antennae for wireless services without increasing the height of the tower or structure.

c)   Provide evidence to the Board of Zoning Appeals for its review that no existing towers are suitable. This evidence may consist of the following:

i)   Height of existing tower(s) not sufficient,

ii)   Existing tower(s) structural strength won’t support the equipment,

iii)   The location of the sight would cause interference with the applicant’s antennae,

iv)   Unwillingness of existing tower owners to allow co-location,

v)   Cost to construct co-location is not reasonable or would exceed new tower development or,

vi)   Any other limiting factors that render the existing towers unsuitable.

d)   The telecommunication facilities and cell towers shall not exceed 200 feet in height (including antennas) and any accessory structure(s) shall not exceed 15 feet in height. All new telecommunication facilities and cell towers shall be designed so as to accommodate at least three telecommunication antennas.

e)   All wireless telecommunication facilities and cell towers shall be a monopole design.

i)   Guyed and self-supporting lattice towers shall not be permitted.

f)   The setback requirement for towers shall be as follows. Setbacks shall be measured from the base of the tower to the applicable property lines or street right-of-way:

i)   Telecommunication Towers and the tower site area are to be designed to blend into the surrounding environment through use of color, camouflaging and architectural treatment. The tower site area is defined as the area surrounding the telecommunication tower, antennae, all communication equipment, and screening.

ii)   Only lighting used for safety reasons and/or required by the FAA not to be in conflict with the city’s lighting ordinance.

iii)   Fencing shall be required to enclose the tower site area. The fencing shall be at least 6ft. in height and not to exceed 8 ft. in height. The fencing in industrial districts can be chain link, or solid surface made of wood or masonry, or other materials. The fencing in residential districts shall be solid surface made of wood or masonry, or other materials. However, the use of barbed wire or sharp pointed or razor fencing shall be prohibited in all districts.

iv)   Screening and landscaping around the enclosed area of the tower site area shall include evergreen trees or evergreen shrubs with a minimum height of 5 feet planted in a scattered pattern at a maximum distance of 10 feet on center. The screening can be placed along the perimeter of the fencing or between the property line and the fenced area at a minimum 10ft. buffer, allowing for the required setbacks by zoning district. Any existing natural vegetation that provides sufficient screening may substitute for the screening requirements. A five year bond shall be provided to the city to insure the plant viability of the required landscape screening. The bond is to be equal to fifty (50%) of the initial cost of the installation of the landscape screening.

v)   There shall be no signs permitted except for emergency and owner contact information and warning and safety instructions. Signs are not to exceed 5 sq. ft. in area.

vi)   All new cellular antenna towers shall be designed and constructed to accommodate at least 3 service providers.

i)   Provide a vertical profile sketch and structural renderings of the tower prepared and signed by a professional engineer indicating the tower height, location (site plan), the placement of all the antennas and the locations of all co-location sites.

ii)   A professional engineer’s certification shall be submitted for all telecommunication towers and communication equipment to document and verify design specifications including but not limited to; foundation of tower, strength of the tower to withstand wind gusts of up to 90 miles per hour with a half inch of ice, and other natural forces such as ice loading and earth movements.

iii)   All telecommunication towers and communication equipment must meet or exceed current standards and regulations of the FAA, FCC and other regulatory authorities for telecommunication towers.

iv)   All telecommunication towers and communication equipment shall be certified by a professional engineer to conform to City of Auburn building code, International Building Code, National Electrical Code, OSHA, and ANSI.

i)   The City will require that any contract with an owner of property on which a cell tower or antenna is to be constructed shall include a provision that specifies in the case of abandonment the method that will be used to dismember and remove the cell tower and/or antenna, concrete, fencing and all other project related improvements to a depth of 48 inches beneath the soil surface. The area occupied by the project improvements shall be restored as near as practicable to the same condition that existed immediately before construction of such improvements.

ii)   To ensure the removal of all improvements of any cell tower the applicant must provide to the Department of Building, Planning and Development either a performance bond, a letter of credit, or some other form of security acceptance to be equal to 100% of the cost of the removal of the tower, tower foundation and tower site area including an inflation factor based on the estimated life expectancy of the tower.

iii)   If the use of any cellular antenna or cellular antenna tower or alternative cellular antenna tower structure is discontinued, the owner shall provide the Department of Building, Planning and Development with a copy of the notice to the FCC of intent to cease operations within 30 days of such notice to the FCC.

iv)   If the cellular antenna or cellular antenna tower or alternative cellular antenna tower structure will not be reused, the owner shall have 180 days from submittal of the FCC notice to the Department of Building, Planning and Development to obtain a demolition permit and remove the antenna or tower that will not be reused.

v)   If the cellular antenna or cellular antenna tower or alternative cellular antenna tower structure is to be reused, the owner shall have no more than twelve (12) months from the submittal of the FCC notice to the Department of Building, Planning and Development in which to commence new operation of the antenna or tower to be reused.

vi)   Upon failure to commence new operation of the antenna or tower that is to be reused within twelve (12) months, the cellular antenna or cellular antenna tower or alternative cellular antenna tower structure shall be presumed abandoned, and the owner shall immediately obtain a demolition permit and remove the antenna or tower that is presumed abandoned.

vii)   If the owner fails to remove an antenna or tower in the time provided by this section, the Department of Building, Planning and Development may cause the demolition and removal of the antenna or tower and recover its costs of demolition and removal from the security acceptance provided by the applicant pursuant to this section.

A)  RECORDED LOTS 

 Any residential lot created and recorded prior to the effective date of this chapter may be used for residential purposes even though the lot area or dimensions are less than those required for the district in which such a lot is located, provided:

1)  That no adjacent land or lot is owned by the owner of the lot in question at the effective date of this section; and

2)  That the other requirements of the district are met to the extent possible as determined by the Administrator/Zoning Administrator.

3)  "BLOCKS" of substandard sized lots that are contiguous to each other and under the ownership of one owner shall be combined in a manner where the new lots shall conform to the area and width requirements of this chapter unless waived by the Board.

B)  Upon proper application, the Board of Zoning Appeals may vary the yard requirements for substandard lots recorded prior to the effective date of this section. No more than a minimum variance from the terms of this chapter shall be granted which is necessary to relieve the practical difficulty of building on any substandard lot of record.
C)  No portion of a lot can be used more than once in complying with the provisions for lot area and yard dimensions for the construction of a proposed, or the alteration of an existing building.    

Except as hereinafter provided, no building or structure shall be erected unless such building or structure conforms; and no building or structure shall be altered, enlarged or reconstructed unless such alteration, enlargement or reconstruction conforms with the yard regulations of the district in which it is located, as follows:

A)  Front yard requirements  

 Each lot shall have a front yard with a minimum depth measured from, and parallel to, the center line of any street or highway. The minimum front yard depths shall be as follows:

 At each end of a through lot, there shall be a front yard which conforms to the district requirements in which each street frontage is located. One such front yard may serve as a required rear yard to permit accessory structures.

2)  Front yard between buildings  

 Where a lot is situated between two lots, each of which has an existing main building thereon, the front yards of which are less than the minimum required front yards established herein, the front yard requirement of such lot shall be the average of the front yards of said existing buildings.

3)  Corner lot, side yard width to the side street line 

 In the case of a corner lot, the side yard width to the side street line shall be equal to the front yard depth requirement for the district in which the lot is located. In case of a corner lot in an R-2 District, the side yard width on the street side shall be not less than six feet from the setback specified in this section.

4)  Front yard, adjoining building  

 Where a lot abuts only one lot having an existing main building thereon, the front yard of which is less than the minimum required front yard established herein, the front yard requirement of such lot shall be the average of the front yard of the existing building and the required front yard.

B)  Side yard requirements   

 There shall be two side yards for each lot. The minimum width for each yard shall be as follows:

2)  When either a C-1 or C-2 District abuts an RE, R-1, R-2, R-3 or MH District, the side yard shall be 25 feet on the abutting side only.              

3)  When an I-1 District abuts an RE, R-1, R-2, R-3 or MH District, the side yard shall be 50 feet on the abutting side only.

4)  When an I-2 District abuts an RE, R-1, R-2, R-3 or MH District, the side yard shall be 200 feet on the abutting side only.

5)  Side yards waived  

 For the purpose of side yard regulations, dwellings with common party walls shall be considered as one building occupying one lot.

C)  Rear yard requirements  

 There shall be a rear yard for each lot, the minimum depth for which shall be as follows:

1)  When a RE, R-1 or R-2 District lot's depth is greater than 150 feet, the rear yard shall be no less than 40 feet.

2)  When an R-3 District abuts a RE, R-1 or R-2 District, the rear yard shall be 25 feet.

3)  No accessory building shall be closer than five feet to the rear lot line.    

A)  YARDS APPLY ONLY TO ONE BUILDING 

 No required yard, or other open space, around an existing building, or which is hereafter provided around any building for the purposes of complying with the provisions of this chapter, shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space, on any lot, be considered as providing a yard or open space for another lot on which a building is to be erected.

B)  PROJECTIONS INTO YARDS

1)  Cornice, sill, chimney or fireplace 

 A cornice, eave belt course, sill, canopy or other similar architectural feature (not including bay window or other vertical projection which shall be a part of the main building) may extend or project into a required side yard not more than two inches for each one foot of width of such side yard and may extend or project into a required front or rear yard not more than 30 inches. Chimneys or fireplaces may project into a required front, side or rear yard not more than two feet, provided the width of such side yard is not reduced to less than three feet.

2)  Fire escape  

 A fire escape may extend or project into any front, side or rear yard not more than four feet.

3)  Open stairway or balcony  

 An open, unenclosed stairway or balcony, not covered by a roof or canopy, may extend or project into a required rear yard not more than four feet, and such balcony may extend into a required front yard not more than 30 inches.

4)  Open porch  

 Unenclosed porches, roofed and unroofed, may project into a required side or rear yard a distance not to exceed eight feet provided:

a)  Where a porch is unenclosed, no higher than one story.

b)  The porch shall not be closer than eight feet at any point to any side or rear lot line.

c)  No building shall have more than one porch in any one yard.

5)  Enclosed porch  

 Enclosed porches, either one-story or two-story, shall be considered an integral part of the building and shall, therefore, be subject to all yard and area dimensional requirements established for principal buildings.

C)  FENCES, WALLS, HEDGES OR OTHER SPECIFIED PLANTINGS OR STRUCTURES

1)  Fences or walls  

 May be located in the required front, side or rear yard subject to the following conditions:

a)  Fences or walls shall not be constructed inside of the right-of-way of any street, road or highway.

b)  Fences or walls shall not be constructed within or inside of the City of Auburn public utility and/or drainage easements without the City of Auburn Board of Public Works and Safety approval.

c)  Electrical, barbed wire or charged fences shall not be permitted in any yard within the city, with the exception that barbed wire shall be allowed within areas zoned as Agricultural (A-1) and Industrial (I-1 or I-2 Districts).

d)  No fence, wall or structural screen, other than plant materials, shall be erected on a residential property higher than six feet.

e)  No fences, walls or hedges shall be constructed, placed, planted or maintained in the front yard in any district except industrial districts unless:

1)  The hedges are no more than three feet in height and are ornamental in character.

2)  The fences which do not create a visual or physical barrier (i.e., split-rail fences) and whose purpose cannot serve a physical function other than for decoration or aesthetic appeal and are no more than three feet in height are permitted.

3) The fences or hedges are free from points, barbs or thorns which could cause puncture wounds to persons falling upon them. Particularly, no woven wire, barbed wire or other wire fences shall be erected in the front yard of any of the districts.

2)  Trees, shrubs, flowers or plants  

 Shall be permitted in any required front, side or rear yard provided they do not violate the provisions for corner setbacks required in this section.

3)  Other specified structures  

 Walks, driveways, curbs, retaining walls, mailboxes, name plates, lamp posts, birdbaths and similar structures shall be permitted in any required front, side or rear yard.

4)  Design-construction requirements  

 A minimum of 10% of a parking area with a capacity of ten or more vehicles located in a C-2 District shall be landscaped. A buffer required by 150.350(H)(7) or (H)(8) may be counted toward meeting this requirement.

D)  CORNER VISIBILITY 

 No fence, wall, hedge, planting or other obstruction to vision, extending in excess of three feet, but less than ten feet, above the established street center line grade shall be erected or maintained on that part of a corner lot that is included between the lines of intersecting streets and a line intersecting them at points 30 feet distant from the intersection of the street lines.

E)  EXCEPTIONS TO YARD REQUIREMENTS 

1)  Corner lot 

 On a corner lot, the required rear yard, as defined by this chapter, may be reduced to no less than 20 feet subject to the following conditions:

a)  The front yard complies with the minimum setback requirements established in this chapter, or with platted building lines.

b)  The side yard, as defined by this chapter, adjacent to a street shall also meet the minimum front yard requirements of this chapter, or the platted building lines, whichever are more restrictive.

c)  The internal side yard, as defined by this chapter, shall not be less than 25 feet. No encroachment of this minimum requirement will be allowed except by the granting of a variance of the Board of Zoning Appeals.

2)  Internal lot  

 For internal lots that do not have parallel sides or parallel front and rear lines, the required side and rear yards may be established by using an average distance between the building and non-parallel side or rear line. In no event shall any part of the lot be nearer than eight feet from a side line and 20 feet from a rear line unless authorized by the Board of Zoning Appeals.      

No building or structure shall be erected, enlarged or reconstructed for residential purposes having a ground floor area, exclusive of unenclosed porches, terraces, breezeways and garages, or less than the minimum established for the district wherein such building or structure is located, as follows:                      
 

A)  MINIMUM REQUIREMENTS 

1)  The following off-street parking spaces shall be provided and maintained by the owner of, or persons using, property for each building which is hereafter erected, or the use of which is hereafter changed, and for which such new use requires a greater number of parking spaces. As used in this section, the term "GROSS FLOOR AREA" as applied to office, merchandising or service types of uses, shall mean the gross floor area used or intended to be used for services to the public as customers, patrons, clients, patients, or tenants, including areas occupied for fixtures and equipment used for display or sale of merchandise, but excluding floor areas which are used exclusively for storage, for housing of mechanical equipment integral within the building, for maintenance facilities, or for those areas so restricted that customers, patients, clients, salesmen and the general public are denied access.

2)  The requirements for an off-street parking facility for a use not specifically mentioned shall be those requirements for a use which is mentioned and which is most similar to the use not mentioned.

3)  The number of parking spaces required for any particular building or land use shall be calculated on the basis of specific need. A calculation of the number of spaces needed resulting in a fraction of a space shall be corrected by deleting any space less than one-half of a full space.

4)  Each automobile parking space, as required, shall be not less than 180 square feet in area.

5)  Off-street parking spaces shall be provided as shown in the following schedule plus one space for each two employees for all uses of this schedule. Understanding that the following schedule may not always address every situation or use and that parking standards will change over time, the Administrator/Zoning Administrator shall have the discretion to adjust these off-street parking requirements based on the current edition of the “Parking Generation” report as prepared by the Institute of Transportation Engineers.

 The joint use of parking facilities by two or more uses is recommended whenever the use is practicable and satisfactory to each of the uses intended to be served and when all requirements for location, design, and construction can be satisfied. In computing capacities of any joint use, the total space requirement is the sum of the individual requirements that will occur at the same time. If peak space requirements for individual uses occur at distinctly different times from the peak requirements for other joint uses, the maximum capacity required for joint use will be less than the sum of total individual space requirements. A copy of an agreement between joint users shall be filed with the Clerk-Treasurer. The agreement shall include a guaranty for continued use of the parking facility for each party to the joint use.

C)  COLLECTIVE PARKING FACILITIES 

 Nothing in this section shall be construed to prevent collective provision for any off-street parking facilities for two or more buildings or uses. However, the total number of off-street parking spaces shall not be less than the sum of the requirements for the various individual uses involved, computed separately, on the basis of the items set out in this section.

D)  ACCESS  

 All parking facilities provided pursuant to this section shall be accessible to and from a street.

E)  DISTANCE MEASUREMENTS 

 The distance to any parking space area, as herein required shall be measured between the nearest point of the off-street parking facility and the nearest point of the building said parking facility is to serve.

F)  LOCATION OF PARKING AREAS

1)  For one- and two-family dwellings: on the same lot with the building they are required to serve.

2)  For multiple-family dwellings not over two stories in height: on the same lot or parcel of land as the building they are required to serve. For the purpose of this requirement, a group of those uses constructed and maintained under single ownership or management shall be assumed to be on a single lot or parcel of land.

3)  For apartment houses containing four or more dwelling units on the same lot or parcel of land as the building they are required to service, or on a separate lot or parcel of land not more than 300 feet from the nearest entrance to the principal building being served, if the lot or parcel of land selected for the parking facilities is located in an apartment district or a less restricted district.

4)  For uses other than those specified above, off-street parking facilities shall be provided on the same lot or parcel of land as the principal building being served, or on a separate lot or parcel of land not over 300 feet from the entrance of the principal building, measured from the nearest point of the parking area, if the separate lot or parcel of land intended for the parking facilities is located in the same district as the principal permitted use or in a less restricted district.

G)  REVIEW OF PLANS 

 All access drives and parking areas shall be approved by the Plan Commission except for A-1, RE, R-1 and R-2 developments. The plans and specifications shall show the location, basis of capacity calculation, size, site design, surfacing, marking, lighting, drainage, curb cuts, entrances, exits, and any other detailed features essential to the complete design and construction of the parking area and be reviewed by the City Engineer and City Utility Departments. All properties subject to this subsection shall be limited to one access drive.

H)  DESIGN-CONSTRUCTION REQUIREMENTS 

 In addition to general design, the requirements specified in other paragraphs of this section and the following design and construction requirements shall be satisfied in all off-street parking areas with any exceptions noted.

1)  Except for single-family dwellings, a minimum area of 180 square feet shall be provided for each vehicle parking space. Each space shall be definitely designated and reserved for parking purposes, and all spaces shall be accessible from a street.

2)  Parking areas shall be so designed and marked as to provide for orderly and safe movement and storage of vehicles.

3)  Except for parking space provided on residential lots, an access drive shall be provided not less than 20 feet wide and so located as to secure the most appropriate development of the individual property.

4)  Except for parking space provided on residential lots, no parking area shall be constructed less than 1,000 square feet in area.

5)  Parking areas with a capacity of four or more vehicles shall be surfaced with a material that shall provide a hard and dustless surface, i.e., concrete or asphalt, and shall be graded and provided with adequate drainage facilities to dispose of all collected surface water. Stone or gravel parking lots shall not be permitted. All parking areas shall be adequately maintained so as to continue to provide a durable, smooth and dustless surface.

6)  Except for single-family and two-family residential lots, adequate lighting shall be provided for use when a parking area is in operation. All lighting shall be arranged so that no source of light shall be visible beyond the parcel lot upon which the parking area is located.

7)  A parking area with a capacity of ten or more vehicles shall have a buffer at least five feet wide between the parking area and any adjoining property, and a vertical screen shall be erected consisting of structural or plant materials no less than four feet in height.

8)  Where a parking area with a capacity of four or more vehicles adjoins a public street, a buffer at least five feet wide shall be provided between the parking area and the adjoining right-of-way.

I)  USE OF PARKING AREAS 

 No commercial repair work, service, or selling of any kind shall be conducted on any parking area except that which is a part of a drive-in business. Only signs essential to the function of the parking area shall be displayed.

J)  INCREASES IN PARKING AREAS 

 Any increase in effective capacity of any premise use for which off-street parking is required in accordance with this chapter shall be accompanied by the provision and maintenance of parking space in proper ratio to the increased capacity.  

A)  Every building, structure, or part thereof, hereafter erected, established, enlarged or occupied for the purpose of manufacturing, storage, warehousing, goods display, retailing, wholesaling and marketing; or for erecting, establishing, enlarging or occupying a hotel, a laundry, a dry cleaning shop, or other uses involving the receipt or distribution by vehicles of material or merchandise, shall provide and maintain space on the same premises, for vehicles to stand, load and unload, as follows:

1)  A 12-foot by 35-foot loading space, with a 14-foot height clearance, for every 20,000 square feet, or fraction thereof, in excess of 3,000 square feet of floor area or land used for the above mentioned purposes.

2)  In no case shall the required off-street loading space be part of the area used to satisfy the off-street parking requirements of this chapter.

B)  In the event the loading area is within 400 feet of an R District and the loading area is not obstructed from view from the R District by a physical barrier, the area shall be screened in accordance with 150.350 (H)(7) and (8) of this chapter and amendments hereto.

C)  Access to a truck standing, loading, and unloading space shall be provided directly from a public street or alley, or from any right-of-way that will not interfere with public convenience and that will permit orderly and safe movement of truck vehicles.    

A)  Intent 

 The contingent uses hereinafter set forth shall be permitted by the Board of Zoning Appeals after public hearing, in any district where such uses are essential or desirable to the public convenience or welfare. No permit for a contingent use shall be granted if the Board shall find that such use is in conflict with any plan duly adopted by the city or the provisions of any section of the Auburn Zoning Ordinance governing overlay districts. In granting such  permit, the Board may impose appropriate conditions regarding the location, character and other features of the proposed building, structure or use as are reasonably required by the purposes of this Title XV.

B)  Such permitted contingent uses are identified as follows:

1)  Cemetery

2)  Governmental installation not otherwise permitted

3)  Hospital, nursing home, mental health institution, health maintenance organization, or asylum not otherwise specified in this chapter

4)  Public utility facilities such as:

a)  Television transmitting stations, cell towers, antennas, and other related transmitting and/or telecommunication facilities;

b)  Petroleum and natural gas transmission lines;

c)  Pumping stations and facilities;

d)  Railroad lines;

e)  Electric substations and telephone exchanges where not otherwise permitted by this chapter;

f)  Other similar uses of a public utility or public service nature, including structures and appurtenances for their enclosure, maintenance and operation.

5)  Educational institution

6)  Private school

7)  Golf courses/country clubs

8)  A not-for-profit neighborhood community building or education, recreational, or cultural establishment provided that the dispensing of alcoholic beverages or any business activity on said premises shall not be permitted and that no permit shall be issued for such use unless the Board shall first find that said use is of a nature compatible with the character of the neighborhood in which it is to be located.

9)  Fire stations

10)  Police stations

11)  Municipal or county-owned parking lot

12)  Transient amusement enterprise or circus, the chief activity of which is carried on for gain or profit

13)  Other such similar uses as may be determined by the Plan Commission.

14)  Churches

A)  Intent 

 Contingent uses in the following selected districts may be permitted by the Board of Zoning Appeals, only after public hearing in the specified districts indicated below. No permit for a contingent use shall be granted unless the Board shall have first found that the public convenience and welfare will be substantially served and that the proposed use will not be unduly detrimental to the surrounding area. The Board may, in exercising its approval, impose conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable in furthering the purposes of this chapter.

B)  Selected districts 

   In A-1 (Agricultural/Low Density Residential District), C-2 (General Commercial), I-1 (Light Industrial/High-Tech/Heavy Commercial), and I-2 (Heavy Industrial) Districts, the Board of Zoning Appeals may permit the following:

1)  Fairground

2)  Gun club, or indoor target range, provided that satisfactory evidence is presented to the Board of Zoning Appeals that adequate precautions will be taken to safeguard the public from the dangers of firearms used therein.

3)  Animal breeding and raising for experimental laboratory or for production purposes, and animal kennels, as distinguished from general livestock raising.

4)  Golf driving range, putting green or miniature golf course

5)  Recreational vehicle park    

A)  In considering a petition for any permitted contingent use, the Board of Zoning Appeals shall give due regard to the following factors as they apply to a particular situation:

1)  The nature, location, size and site layout of the use so that it shall be harmonious to the district in which it is situated.

2)  The nature and integrity of the operations involved in, or connected with, the use.

3)  The site layout of the use, including parking space requirements.

4)  The relation of the use to the streets providing access to it, so that vehicular traffic to and from the use will not create undue hazards to the normal traffic of the vicinity. The following traffic issues, among others, will be considered:

a)  Vehicular turning movement in relation to routes of traffic flow;

b)  Relation to street intersections;

c)  Sight distances;

d)  Pedestrian traffic

B)  All contingent uses which existed upon the effective date of this chapter and which are located in a district which permits such use in accordance with the provisions of this section, shall be regarded as expansion or extension to such uses shall be subject to Board review and approval as required for all contingent uses.

C)  All contingent uses hereafter authorized by the Board to be in accordance with the provisions of this section shall be regarded as conforming uses and may be continued, except that major changes in layout, expansion or extension to such use shall be subject to Board review and approval as required for all contingent uses.  

Until recent years, the regulations of all uses of land and structures through zoning has been accomplished by assigning each use to one or more use districts. However, the functions and characteristics of an increasing number of new kinds of land uses combined with conclusive experience regarding some of the older familiar kinds of uses call for a more flexible and equitable procedure for property accommodating these activities in the community. It should be recognized that the forces that influence decisions regarding the nature, magnitude and location of such types of land use activities are many and varied depending upon functional characteristics, competitive situations, and the availability of land. Rather than assign all uses to special, individual and limited zoning districts, it is important to provide controllable and reasonable flexibility in requirements for certain kinds of uses that will allow practicable latitude for the investor, but that will at the same time maintain adequate provision for the security of the health, safety, convenience and general welfare of the city's inhabitants. Special use provisions are intended to provide this necessary flexibility of strict requirements.

The following uses, or structural alterations to them, which are classified as special uses, may be permitted by the Board of Zoning Appeals, in accordance with the procedures specified in 150.372. No special use permit shall be granted which conflicts with the provisions of the Auburn Zoning Ordinance governing overlay districts.

A)  SPECIAL USES - ALL DISTRICTS

1)  Airport, landing field, or landing strip if the Civil Aeronautics Administration certifies that a new or reoriented runway shall not interfere with the flight pattern of any established airport, landing field or landing strip.

2)  Auditorium, stadium, baseball park, arena, gymnasium, art gallery and other similar places for public events

3)  Bus terminal, railroad station, freight terminal or any other public transportation terminal facility

4)  Child care facility (home/center) or day care center (nursery)

5)  Clinic or medical center

6)  Mortuaries or funeral homes

7)  Private park or playground

8)  Roadside stand for the sale, by the producer, of agricultural and plant nursery products raised on the premises

9)  Extraction of gravel, sand or other raw materials

10)    Commercial greenhouses

B)  SPECIAL USES - SELECTED DISTRICTS

1)  Commercial processing of agricultural products, including livestock and poultry; and other agricultural supporting services in any A-1, C-1, C-2, I-1 and I-2 District.

A)  Any application for a special use permit for any land or structure use permitted under this chapter shall be submitted in accordance with the following procedures:

1)  Application submitted to the Board of Zoning Appeals. Any application shall be submitted through the Administrator/Zoning Administrator to the Board of Zoning Appeals on a special form for that purpose.

2)  Data required in application. Every application shall be accompanied by the following information and data:

a)  Special form supplied by the Administrator/Zoning Administrator filled out in full by the applicant.

b)  Site plan, plot plan, or development plan drawn to a readable scale of the total property involved showing the location of all abutting streets, the location of all existing and proposed structures, and the types of buildings and their uses.

c)  Preliminary plans and outline specifications of the proposed development and for all construction.

d)  A statement with supporting evidence regarding the required findings specified in (B) below.

3)  Review by Board of Zoning Appeals 

 The Board of Zoning Appeals shall review the proposed development, as presented on the submitted plans and specifications, in terms of the standards established in this chapter.

4)  Hearing  

 The Board of Zoning Appeals shall hold a public hearing or hearings upon every application after at least one publication in a newspaper of general circulation in the city at least ten days prior to the date of hearing. Notice shall indicate the place, time and subject of hearing.

5)  Issuance of special use permit 

 Only upon conclusion of hearing procedures relative to a particular application may the Board of Zoning Appeals issue a special use permit. Any use for which a special use permit may be granted shall be deemed a use permitted in the district in which the use is located, provided:

a)  The permit was issued in conformity with the provisions of this chapter.

b)  The permit shall be deemed to affect only the lot or portion thereof for which the permit was granted.

B)  Basis of determinations  

 The Board of Zoning Appeals shall establish that the following general standards and the specific standards outlined in each applicable section of this chapter shall be satisfied by the completion and operation of the proposed development.

1)  General standards for making determinations  

 The Board of Zoning Appeals shall review the particular circumstances and facts of each proposed use in terms of the following standards and shall find adequate evidence showing that such a use on the proposed location:

a)  Shall be harmonious with and in accordance with the general objectives or with any specific objectives of the master plan of current adoption.

b)  Shall be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such a use will not change the essential character of the same area.

c)  Shall not be hazardous or disturbing to existing or future neighboring uses.

d)  Shall be served adequately by essential public facilities and services such as highways, streets, water, sewer, police and fire protection, drainage structures, refuse disposal, or schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any service.

e)  Shall not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.

f)  Shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to persons, property, or the general welfare by reason of excessive production of traffic noise, smoke, fumes, glare or odors.

g)  Shall be consistent with the intent and purposes of this chapter.

2)  Conditions and safeguards 

 The Board of Zoning Appeals may impose that additional conditions and safeguards deemed necessary for the general welfare, for the protection of individual property rights, and for insuring that the intent and objectives of this chapter shall be observed.

a)  The Board of Zoning Appeals may require a discontinuance of a use authorized by special use permit after a specified time period as a condition of issuance.

b)  The Board of Zoning Appeals may require that a specified percentage of authorized construction or development be completed within a specified time period as a condition of issuance. Failure to meet this requirement shall invalidate special use authorization for only that portion of the lot or parcel not developed as required.

3)  Time periods 

 Special use permits may be issued for time periods as determined by the Board of Zoning Appeals.

4)  Enforcement  

 Conditions and requirements stated as a part of special use permit authorizations shall be a continuing obligation of holders of the permits. The Administrator/Zoning Administrator shall make periodic investigations of developments authorized by special use permit to determine compliance with all special use permit requirements. All violations shall be corrected within 30 days after an order to correct is issued by the Administrator/Zoning Administrator. Violations not corrected within this time period shall automatically cancel the permit, cause bond forfeiture, and become a violation of this chapter and subject to its penalties.

5)  Renewal of a special use permit on request shall be withheld only upon a determination by the Administrator/Zoning Administrator that the conditions prescribed by the Board of Zoning Appeals in conjunction with the issuance of the original permit have not been or are no longer being complied with unless, as a condition of issuance of the permit, the discontinuance of the use after a specified time period is required.

6)  Re-application 

 No application for a special use permit which has been denied wholly or in part by the Board of Zoning Appeals shall be reviewed by the Board of Zoning Appeals before the expiration of one year from the date of the denial except on grounds of newly discovered evidence or proof of changed conditions found to be sufficient to justify consideration by the Board of Zoning Appeals.

7)  Specific requirements  

 The foregoing general standards are basic to all special uses, and the specific requirements accompanying the following sections relating to particular uses are additional and shall be required in all applicable situations.