Chapter
151. IMPROVEMENT
LOCATION PERMITS
APPENDIX A: TOWN
SCHEDULE OF ZONING DISTRICT REGULATIONS
156. POST‑CONSTRUCTION
STORM WATER RUNOFF CONTROL
Section
General Provisions
150.01 Adoption of International Residential Code
150.02 Revisions to International Building Code
150.03 (Reserved)
150.04 (Reserved)
150.07 (Reserved)
Permits
Contractor
Registration
150.31 Registration permit required
150.32 Application and contents
150.33 Application fee and filing procedures
150.36 Suspension and revocation
150.37 Renewal of revoked permits restricted
150.38 Registration permits must be in effect
150.39 Vehicle identification required
150.40 Form of application for constrictor's
registration and contractor's registration permit
150.41 Limitation of applicability
' 150.01 ADOPTION OF
INTERNATIONAL RESIDENTIAL CODE.
Certain documents, three copies of which are
on file in the office of the Building Commission and the Clerk-Treasurer, being
marked and designated as International Building Code, including Appendix
chapters contained therein, as published by the International Code Council, are
hereby adopted as the code of the town for regulating the design, construction,
quality of materials, erection, installation, alteration, repair, location,
relocation, replacement, addition to, use or maintenance of residential single
family dwellings and townhouses in the town, and providing for the issuance of
permits and collection of
fees therefor, and each and all regulations,
provisions, conditions and terms of such International Residential Code,
2000 edition, published by the International Code Council on file in the office
of the Building Commissioner, are hereby referred to, adopted and made part hereof
as if fully set forth in this chapter, subject to exceptions noted in ' 150.02.
(Ord. 0004, passed 12-19-00)
' 150.02 REVISIONS TO
INTERNATIONAL BUILDING CODE.
The following sections are hereby revised:
(A) Section
R101.1. Insert: Town of Long Beach, Indiana.
(B) Section
R301.2. Insert:
(1) Roof
snow load - C3.
(2) Wind
speed (MPH) - 90.
(3) Seismic
design category - D1.
(4) Storm
damage:
(a) Weathering
- severe.
(b) Frost
line - 48 inches.
(c) Termite
- moderate to heavy.
(d) Decay
- light to moderate.
(5) Winter
design temperature - negative 10 degrees.
(6) Flood
hazards: Date of Entry National Flood
Insurance Program - Flood Insurance Rate Map Community.
(7) Panel:
(a) Number
- 185177A.
(b) Date
- November 21, 1975.
(Ord. 0004, passed 12-19-00)
' 150.03 (RESERVED).
' 150.04 (RESERVED).
It shall be the duty of the Town Council to
appoint a Building Commission of not less than three members, at least two of
whom shall be members of the Town Council.
The Town Council shall from time to time appropriate sufficient funds to
carry into effect the purposes and provisions of this chapter.
(Ord. 75, passed 3-9-70)
The provisions of this chapter may be
changed, altered, and amended from time to time by ordinance. No such change, alteration, and amendment
shall be made, except upon a favorable recommendation by a majority of the Plan
Commission of the town, and unless public notice of any such proposed change,
alteration, and amendment is given at least ten days prior to the meeting of
the Town Council in a newspaper of general circulation in the county and state.
(Ord. 75, passed 3-9-70)
' 150.07 (RESERVED).
(A) The Building Commission or
other person appointed to perform similar duties by the Town Council, shall be
responsible for upholding and complying with, enforcing, and initiating actions
as prescribed in IC 48-6144 et seq.
(B) Actions for which the Building
Commission or other person or board are responsible are described in the
following Burns Indiana Statutes:
(1) IC 48-6144 Unsafe buildings and structures.
Duties of Commissioner of buildings;
orders in writing; repairing or
wrecking; receiver; lien.
(2) IC 48-6145 Unsafe buildings and structures.
Notice; posting; service; publication.
(3) IC 48-6146 Unsafe buildings and structures.
Duties of Board of Public Safety.
(4) IC 48-6147 Unsafe buildings and structures.
Aggrieved person; right of appeal;
procedure.
(5) IC 48-6148 Unsafe buildings and structures.
Transfer of powers.
(6) IC 48-6149 Unsafe buildings and structures.
Extension of provisions; service of
notice.
(7) IC 48-6149a Unsafe buildings and structures.
Building demolition, repair, and
contingent fund; portion of purchase of
receiver's notes or certificates; lien
of cost and expenses on real estate.
(8) IC 48-6149b Unsafe buildings and structures.
Disposal of salvaged materials.
(9) IC 48-6149c Unsafe buildings and structures.
Definitions.
(10) IC 48-6149d Unsafe buildings and structures. Act
supplemental.
(11) IC 48-6149e Unsafe buildings and structures. Act
applicable to all municipal
corporations; restrictions; rules and
regulations.
(12) IC 48-6149f Unsafe buildings and structures.
Penalties.
(C) All
of the preceding Burns Indiana Statutes (IC 48-6144 through 48-6149f)
shall henceforth be adopted and enforced by the town.
(Ord. 75, passed 3-9-70)
PERMITS
(A) For
all improvements which do not require an inspection, a no inspection permit fee
shall be charged in the amount of $25. Non-inspection improvements include the
following: new or upgraded windows, new or upgraded doors, new or upgraded
siding and new roofing.
(B) The
permit fee for demolition shall be $25.
(C) For
improvements other than those enumerated above whether same do, or do not,
specifically alter the exterior or interior size, shape or design of the
pre-existing structure either horizontally or vertically; or for initial
construction:
Improvement Value on Expense Permit Fee
$1 to $5,000 $50
$5,001 to $25,000 100
$25,001 to $50,000 250
$50,001 to $100,000 500
Greater than $100,00 1% of the total cost of improvement up to a maximum
permit fee of $5,000.
(D) In
no event shall there be charged a permit fee for the issuance of a permit
issued solely for the interior or exterior painting of a structure.
(Ord. 75, passed 3-9-70; Am. Ord., passed
10-10-83; Am. Ord., passed 12-10-90; Am. Ord. 9811, passed 9-14-98; Am. Ord.
0406, passed 12‑13‑04)
For the purposes of this subchapter, the
following words and phrases shall have the meanings respectfully ascribed to
them:
BUILDING COMMISSIONER. The person or persons so designated by the
Town Council, to serve in the capacity of Building Commissioner and
administrate planning, zoning, building and construction permitting in
accordance with the terms of this subchapter and other town ordinances.
BUILDING CONTRACTOR. Any person, firm, company or corporation
which, for consideration, undertakes or purports to have the capacity to
undertake, or submits a bid to, or does himself or by or through other
personnel employed by such contractors, construct, alter, repair, add to,
subtract from, improve, move, wreck, or demolish the whole or any part of a
building or structure, or any of the appurtenances thereto, sidewalk, street or
pavement for which a permit is required by town ordinance. The term building
contractor includes all trades regardless of license by some other authority.
GENERAL BUILDING CONTRACTOR. Any building contractor who subcontracts all
or any portion of a building contract to one or more building contractors who
shall himself perform more than one trade during the course of any
construction, and subcontract any other trade during the course of any
construction.
LANDSCAPING, BUILDING MAINTENANCE AND OTHER
FORMS OF PROPERTY MAINTENANCE OR REPAIR BUSINESS. Any business whether corporate, partnership,
limited liability company, or sole proprietorship, which
for consideration undertakes or purports to
have the capacity to undertake, or submits a bid to, or does himself or by or
through other personnel employed by the business, provide services for the
maintenance, alteration, repair, installation of landscaping, any services
related to the repair and maintenance of structures including the principal and
accessory use buildings not otherwise required to hold a registration permit as
a building contractor or general building contractor.
TOWN. The Town of Long Beach, Indiana administered
by the Town Council.
(Ord. 0005, passed 12-19-00)
' 150.31
REGISTRATION PERMIT REQUIRED.
It shall be unlawful for any person to engage
in business in the town as a building contractor, general building contractor
or conduct a landscaping, building maintenance and other form of property
maintenance or repair business without having first obtained an annual
registration permit therefore, or to violate the terms of any such permit, when
granted. Date of renewal shall be established by resolution by the Town
Council.
(Ord. 0005, passed 12-19-00) Penalty, see ' 150.99
' 150.32
APPLICATION AND CONTENTS.
(A) Application
for a contractor registration permit shall be made to the Town Clerk-Treasurer
in writing, signed by the applicant if an individual, and signed by all
partners if a partnership, or by a duly authorized officer of thereof, if a
corporation or limited liability company, verified by oath or an affidavit and
shall contain:
(1) The
name of the applicant;
(2) The
type of registration permit required (general contractor or contractor);
(3) The
time period covered;
(4) The
fee to be paid (if any);
(5) The
address of the business for which any notice required herein is to be mailed;
and
(6) Any
licenses or registrations required to perform services regulated in this
subchapter plus a listing of insurance coverage then in effect and which the
applicant agrees to keep in force throughout the period covered by the
registration permit, including workmen's compensation, public liability for
personal injury or death,
property damage and vehicle coverage, listing
the insurance company, policy number, amount of coverage and expiration date.
(B) At
least the minimum limits of insurance shall be required by law for workman's
compensation; $500,000 for general liability for both public and vehicle
coverage. The application shall also contain any other information as may be
required by the Building Commissioner at his discretion.
(Ord. 0005, passed 12-19-00)
' 150.33
APPLICATION FEE AND FILING PROCEDURES.
An application for a contractor registration
permit shall be accompanied by an application fee in an amount of $50 payable
to the Clerk‑Treasurer. Forms for all permits shall be prepared and
completed application kept on file by the Clerk‑Treasurer. Each permit
issued shall bear the seal of the town, name of the permittee, address, type of
registration permit issued, the amount of fee paid and any other information
required by the Town Council and Building Commissioner. The Clerk‑Treasurer
shall file a copy of all registration permits issued to the Building Commissioner.
The Clerk‑Treasurer shall maintain a list of registration permits issued
and provide a copy upon request to the general public.
(Ord. 0005, passed 12-19-00)
Any person having a general building
contractor's registration permit shall not be required to secure an additional
permit for work performed as a building contractor, nor shall a permit be
required of a building contractor acting as a subcontractor under written
contract to a properly permitted general building contractor. General building
contractors shall be responsible for verifying that their subcontractors are
insured to the minimum limits as listed in '
150.32.
(Ord. 0005, passed 12-19-00)
No registration permit issued under the
provision of this subchapter shall be transferable.
(Ord. 0005, passed 12-19-00)
' 150.36
SUSPENSION AND REVOCATION.
(A) In
addition to any other penalty imposed by this subchapter or other town
ordinance for violation of any provision of the ordinance or regulation, a
contractor's permit issued under the provision of this subchapter may be
suspended or revoked by the Building Commission after hearing before the Town
Council. All orders suspending or revoking registration permits shall state the
grounds therefore, shall be signed and shall be subject to appeal to a court of
competent jurisdiction.
(B) The
commission or omission of any of the following acts shall, in addition to the
violation of any applicable section of this subchapter or any town ordinance or
state law, constitute grounds for the suspension or revocation of a
contractor's registration permit.
(1) Acceptance
of final payment without issuance of waivers of lien and contractor's affidavit
to the permit holder which shall be issued to run with the property.
(2) Non‑completion
of contract before expiration of the permit.
(3) Allowing
insurance policies listed in the permit to lapse or be canceled without
replacement of equal coverage by other policies.
(C) The
town shall not be liable for any financial loss incurred by any registration
permit holder whose permit has been suspended or revoked in accordance with the
terms of this subchapter.
(Ord. 0005, passed 12-19-00)
' 150.37
RENEWAL OF REVOKED PERMITS RESTRICTED.
No registration permit shall be issued to a
person, firm, corporation or limited liability company whose previous permit
has been revoked up for period of one year from the date of such revocation.
Said period shall be determined by the Building Commissioner and established by
the Town Council.
(Ord. 0005, passed 12-19-00)
' 150.38
REGISTRATION PERMITS MUST BE IN EFFECT.
It shall be the absolute duty and irrevocable
responsibility of the permit holder to verify that all permits required by this
subchapter are lawfully in effect before proceeding with any work to alter,
repair, add to, subtract from, improve, move, wreck, or demolish to all or any
part of a building structure or any of the appurtenances thereto, sidewalk,
street or pavement.
(Ord. 0005, passed 12-19-00) Penalty, see ' 150.99
' 150.39
VEHICLE IDENTIFICATION REQUIRED.
All automobile and truck service vehicles,
except personal vehicles of employees, used in the performance of any service
which requires registration under the terms of this subchapter must clearly
display on both sides of the vehicle the name of the contractor or
subcontractor.
(Ord. 0005, passed 12-19-00) Penalty, see ' 150.99
' 150.40
FORM OF APPLICATION FOR CONSTRICTOR'S REGISTRATION AND CONTRACTOR'S
REGISTRATION PERMIT.
The initial form of application for
Contractor's Registration and the initial form of Contractor's Registration
Permit to be used in carrying out the purposes of this subchapter are those
that are attached hereto and marked Exhibit "A" and "B"
respectively and incorporated herein by reference. These forms may be subject
to modification by resolution by the Town Council.
(Ord. 0005, passed 12-19-00)
' 150.41
LIMITATION OF APPLICABILITY.
All of the terms, conditions, requirements of
the Building Code of the town adopted on March 9, 1970, not inconsistent with
this subchapter, are to remain in full force and effect and shall not be
affected by the adoption of this subchapter.
(Ord. 0005, passed 12-19-00)
The erection, repairing, and removing of any
structure, building, or appurtenances thereto, or the alterations thereof,
except in conformity with the requirements of this chapter shall be and is
declared to constitute a common nuisance.
Such common nuisance may be abated in such manner, and any relief
therefrom may be available, as is now, or may hereafter be provided for under
the law of the state. The provisions of this chapter may be enforced by
injunction or other appropriate proceedings as provided for by the law of the
state. It shall be the duty of the Town
Council to order any such violation stopped and abated, a copy of which order
shall be posted on the property, or served upon the owner, agent, or
contractor, by the Town Marshal.
(Ord. 75, passed 3-9-70)
(A) Any
person, firm, or corporation who violates any of the provisions of this
chapter, or shall fail to comply with any of the requirements thereof, shall be
deemed guilty of an offense, and each day such violation or noncompliance is
permitted to exist or continue shall constitute a separate offense. Upon conviction the person shall be fined not
to exceed $10 for any one offense, provided however, that where the laws of the
state have provided a specific penalty for the violation and nonconformance
with the acts covered by this chapter then such penalty shall apply instead.
(B) Any
violation of '' 150.30 - 150.41 shall subject the violator
to a fine of not more than $100 per day of violation. Each day a violation exists shall constitute
a separate offense.
(Ord. 75, passed 3-9-70; Am. Ord. 0005,
passed 12-19-00)
CHAPTER 151: IMPROVEMENT LOCATION PERMITS
Section
151.01 Plan
Commission jurisdiction; intent of permit
151.02 Issuance
of permit and fee
' 151.01 PLAN COMMISSION JURISDICTION; INTENT OF PERMIT.
Within the jurisdiction of the Town Plan
Commission no structure, improvement, or use of land may be altered, changed,
placed, erected, or located on platted or unplatted lands, unless the
structure, improvement, or use, and its location, conform with the Master Plan
and ordinances of the town, and an improvement location permit for such
structure, improvement, or use has been issued.
(Ord. passed 3-9-70) Penalty, see ' 151.99
' 151.02 ISSUANCE OF PERMIT AND FEE.
The Building Commission shall issue an
improvement location permit, (subject to reasonable restrictions and/or
conditions as provided for in ' 150.15(A), as amended, of the Code)
upon written application when the proposed structure, improvement, or use and
its location conform in all respects to the Master Plan and ordinances of the
town. The fee for the issuance of an
improvement location permit is set forth in ' 150.17,
as amended.
(Ord. passed 3-9-70; Am. Ord. 9203, passed
8-10-92; Am. Ord. 9811, passed 9-14-98)
Each application for an improvement location
permit shall be accompanied by a site plan, drawn to scale, showing the
location of the structure, improvement, or use to be altered, changed, placed,
erected, or located, the dimensions of the lot to be improved, the size of
yards and open spaces, existing and proposed streets and alleys adjoining or
within the lot, and the manner in which the location is to be improved.
(Ord. passed 3-9-70)
Any decision of the Building Commission
concerning the issuance of an improvement location permit may be appealed to
the Town Board of Zoning Appeals when the decision in question involves the
requirement of the Zoning Code, or to the Town Plan Commission when the
decision in question involves the requirements of other parts of the Master
Plan, by any person claiming to be adversely affected by such decision.
(Ord. passed 3-9-70)
A decision of the Town Plan Commission based
upon an appeal from a decision of the Building Commission may be reviewed by
certiorari procedure as provided for the appeal of zoning cases from the Board
of Zoning Appeals.
(Ord. passed 3-9-70)
Action on the violation of any provision of
this chapter and the right of injunction against such violation shall be as
provided by Chapter 174, Acts of l947 of the Indiana General Assembly
(IC 36-7-4-201 et seq.), and all acts amendatory thereto.
(Ord. passed 3-9-70)
Section
152.01 Types
of signs permitted
' 152.01 TYPES OF SIGNS PERMITTED.
Only the following sign types in '' 152.02 through 152.05 shall be permitted subject to the
approval of the Building Commission. No
other types of signs or other forms of advertising structures of any type of
configuration shall be permitted. Signs
shall be designed, erected, altered, reconstructed, moved, or maintained in
whole, or in part, in accordance with the provisions set forth in this chapter.
(Ord. passed 3-9-70) Penalty, see ' 10.99
Name plates for residential use shall be
permitted subject to the following conditions:
(A) Name plates shall not exceed
one square foot in area, and letter or numeral height shall not exceed three
inches. Only one face of double-faced
signs shall be included in the computation of permissible area. A double-faced sign is one where each of the
two sides face in opposite directions.
(B) Sign face may be either
internally illuminated or by floodlight.
No blinking, flashing, rotating, or animated signs shall be permitted
that are visible from the exterior of a building or other structure.
(C) Name plates shall either be
flat or wall type and secured in place, or supported on a post located in the
front yard area. If of the latter type,
it shall:
(l) Project a maximum of 16
inches.
(2) Not extend over public
property, nor be erected so as to obstruct street sight lines or traffic
control lights, signs at street intersections, or signals at railroad
crossings.
(3) Signs visible from the sight
lines along a street shall not contain an arrow or such words as
"stop", "go", "slow", and so on, or in any other
manner resemble highway traffic signs.
(D) Name plates shall display only
the:
(l) Name of the premises upon
which it is displayed;
(2) Name of the owner or lessee of
the premises;
(3) Address of the premises; and
(4) No indication shall be
included relating to any possible home occupation engaged in on the premises,
nor to names of other than principal occupants.
(E) No name plates shall be
permitted above the first floor level.
(Ord. passed 3-9-70) Penalty, see ' 10.99
Bulletin boards for institutional uses
including parks and other public facilities, churches, private clubs, and
similar uses shall be permitted subject to the following regulations:
(A) One free-standing sign for
each main use per frontage:
(l) The sign shall contain only
the name and address of the building, its occupants, and the services rendered.
(2) The sign shall not exceed 32
square feet in area, exclusive of architectural features. The sign structure shall not exceed eight
feet in height.
(3) The sign face shall not be
internally illuminated but may be flood lighted. No blinking, flashing, rotating, or animated
signs shall be permitted that are visible from the exterior of a building or
other structure.
(4) Signs shall be set back 15
feet from public right-of-ways; however, this setback may be reduced to ten
feet subject to approval of a special exception. In no case shall signs be located within
required rear or interior side yards.
(B) One sign attached to the
outside face of the main building:
(l) The same shall contain only
the name of the building and its occupants.
(2) Letter or numeral heights
shall not exceed one foot.
(3) The sign shall not exceed ten square
feet in area.
(4) The sign face shall not be
internally illuminated but may be floodlighted.
No blinking, flashing, rotating, or animated signs shall be permitted
that are visible from the exterior of the building.
(5) No such sign shall be allowed
to appear above the first floor level.
(Ord. passed 3-9-70) Penalty, see ' 10.99
(A) Types permitted shall be
limited to flat and wall signs indicating name and nature of the principal
occupant only or the name and address of the building, or the name and address
of the owner. These signs shall be attached to the building in which the
occupant is located. Projecting signs
shall not be permitted.
(B) The following regulations
shall apply to signs for each occupancy:
(l) (a) The total area
of all business signs on any one street frontage of the premises shall not
exceed four-tenths of a square foot per linear foot of such street frontage or
37-l/2 square feet, whichever is smaller.
Corner signs shall not be allowed.
A corner sign is defined to be any sign placed near the intersection of
the two street frontages and designed to be visible from both streets.
(b) Building frontage to be used
in calculating the permitted sign area shall include frontage whereon a public
entrance to the occupancy is located.
Separate calculations may be made for front, side, and rear entrances
and separate signs may be erected on each of these building frontages.
(2) Signs shall not extend over a public
sidewalk or right-of-way, nor obstruct street sight lines or traffic-control
lights, signs at street intersections, or signals at railroad crossings. Signs visible from the sight lines along a
street shall not contain an arrow or such words as "stop",
"go", "slow", and the like, or otherwise resemble highway
traffic signs. All sign faces shall be
mounted on or attached to the building.
(3) No blinking, flashing,
rotating, or animated signs shall be permitted on the exterior of any building
in this district.
(4) In cases where the store has a
rear parking lot, signs may be located on the side or rear of the building and
shall be developed to the same standards as are required in the front of the
store, provided, however, that the signs shall not be lighted in such manner as
to be disturbing to the abutting residential district and such lighting shall
be terminated not later than 9:30 p.m.
(5) Lights used to illuminate
signs or advertising structures shall be so installed as to concentrate the illumination
on the sign or advertising structure and to minimize glare upon a public street
or adjacent property.
(6) No sign shall be installed
above the first floor level.
(7) No signs shall be erected
which are freestanding, projecting, on poles, the ground, above marquees, on
top of buildings, or in any other form or manner, except as specified elsewhere
in this chapter.
(Ord. passed 3-9-70) Penalty, see ' 10.99
(A) "For Rent" and
"For Sale" signs shall not be permitted.
(B) On site real estate signs
advertising real property which has been subdivided for purposes of sale or
lease shall not be permitted.
(C) Special events of short
duration and public interest such as a county fair, civic, or church activity shall
be permitted. Such informational signs
shall be limited to:
(l) Announcement signs which shall
not be:
(a) Over 24 square feet in area.
(b) Erected more than 30 days
before the event in question and shall be removed within 12 hours thereafter.
(2) Directional signs which shall:
(a) Not be more than three square
feet in area.
(b) Show only a directional arrow
and the name of the public interest event.
(c) Not be erected more than 14 days
before the event in question and shall be removed within 12 hours thereafter.
(Ord. passed 3-9-70) Penalty, see ' 10.99
Section
General Provisions
153.01 Establishment
of control
153.04 Preliminary
plat approval
Principles and Standards of Design
Standards of Improvement
Plat Certificates and Deed of Dedication
153.47 County
Commissioner's certificate
GENERAL PROVISIONS
' 153.01 ESTABLISHMENT OF CONTROL.
No plat or replat of a subdivision of land
located within the jurisdiction of the Plan Commission shall be recorded until
it shall have been approved by the Commission and the Town Council, and such
approval shall have been entered in writing on the plat by the president and
secretary of the Commission.
(Ord. passed 3-9-70) Penalty, see ' 10.99
A subdivider desiring approval of a plat of a
subdivision of any land lying within the jurisdiction of the Plan Commission,
shall submit a written application therefor to the Commission. Such application shall be accompanied by the
information, requirements, and plans set forth in '' 153.03 through 153.06, all in accordance with the
requirements set forth in ' 153.01.
(Ord. passed 3-9-70) Penalty, see ' 10.99
(A) The owner or subdivider shall
provide a preliminary plan for the subdivision which shall show the manner in
which the proposed subdivision is coordinated with the pattern of existing land
uses; specifically with relation to the requirements of the thoroughfares;
school and recreational sites; shopping centers; community facilities;
sanitation, water supply and drainage, and other developments, existing and
proposed, in the vicinity. However, no
land shall be subdivided for residential use unless adequate access to the land
over improved streets or thoroughfares exists or will be provided by the
subdivider, or if such land is considered by the Plan Commission to be
unsuitable for such use by reason of flooding or improper drainage,
objectionable earth and rock formation, topography, or any other feature
harmful to the health and safety of possible residents and the community as a
whole.
(B) The subdivider shall provide
the following:
(l) Location map (which may be
prepared by indicating the data by notations on available maps) showing:
(a) Subdivision name and location.
(b) Any thoroughfares related to
the subdivision.
(c) Existing elementary and high schools,
parks, and playgrounds serving the area proposed to be subdivided, and other
community facilities.
(d) Title, scale, north point, and
date.
(2) A preliminary plat showing:
(a) Proposed name of the
subdivision.
(b) Names and addresses of the
owner, subdivider and the city planner, land planning consultant, engineer, or
surveyor, who prepared the plan.
(c) Streets and right-of-way, on
and adjoining the site of the proposed subdivision, showing the names (which
shall not duplicate other names
of streets in
the community, except as
designated by
the Plan Commission)
and including roadway
widths,
approximate gradients, types and widths of
pavement, curbs, sidewalks, cross-walks, and tree planting.
(d) Easements. Locations, widths, and purposes.
(e) Statement concerning the
location and approximate size or capacity of utilities to be installed.
(f) Layout of lots, showing
dimensions and numbers.
(g) Parcels of land proposed to be
dedicated or reserved for schools, parks, playgrounds, or other public,
semi-public, or community purposes.
(h) Contours at vertical intervals
of two feet if the general slope of the site is less than 10% and at vertical
intervals of five feet if the general slope is greater than 10%.
(i) Ground water levels stated in
inches below ground surface and given at points of lowest ground elevation.
(j) Tract boundary lines showing
dimensions, bearings, angles, and references to section, township, and range
lines or corners.
(k) Building lines.
(l) Legend and notes.
(m) Other features or conditions
which would affect the subdivision favorably or adversely.
(n) Scale, (The preliminary plat
of the subdivision shall be drawn to a scale of 50 feet to one inch, or 100
feet to one inch; provided however, that if the resulting drawing would be over
36 inches in shortest dimension, a scale as recommended by the Plan Commission
may be used), north point and date.
(3) A description of the protective
covenants or private restrictions to be incorporated in the plat of the
subdivision.
(C) The application shall be
accompanied by a certified check or money order in the amount of $10 plus $.25
for each lot in the proposed subdivision with a minimum total charge of $15 to
cover the cost of checking and verifying the proposed plat, and such amount
shall be deposited in the general fund of the town.
(Ord. passed 3-9-70) Penalty, see ' 10.99
' 153.04 PRELIMINARY PLAT APPROVAL.
(A) After an application for
approval of a plat of a subdivision, together with two copies of all maps and
data, has been filed, and within 90 days from the date of application for
approval of a preliminary plat of a subdivision, or the filing by the applicant of the last item of
required supporting data, whichever is later, the Plan Commission shall review
the preliminary plat and give its acceptance or return the plat to the
subdivider with suggestions for changes.
No application will be considered at a meeting unless it has been filed
with the Commission at least ten days before the date of such meeting.
(B) After the Commission has given
acceptance, it shall set a date for a hearing, notify the applicant in writing,
and notify by general publication or otherwise, any person or governmental unit
having a probable interest in the proposed plat. The cost of publication of the notice of
hearing shall be met by the applicant.
(C) Following the hearing on the
preliminary plat, the Commission will notify the applicant in writing that it
has approved the preliminary plat and is ready to receive the final plat, or
will advise the applicant of any further changes in the preliminary plat which
are desired or should have consideration before approval will be given.
(Ord. passed 3-9-70)
The final plat shall meet the following
specifications:
(A) The final plat may include all
or only a part of the preliminary plat which has received approval.
(B) The original drawing of the final
plat of the subdivision shall be drawn to a scale of 50 feet to one inch,
provided that if the resulting drawing would be over 36 inches in shortest
dimension, a scale of 100 feet to one inch may be used. Three black or blue line prints shall be submitted
with the original final plat, or, in order to conform to modern drafting and
reproduction methods, three black line prints and a reproducible print shall be
submitted.
(C) The following basic
information shall be shown:
(l) Accurate boundary lines, with
dimensions and angles, which provide a survey of the tract, closing with an
error of not more than one foot in 5000 feet.
(2) Accurate distances and
directions to the nearest established street corners or official
monuments. Reference corners shall be
accurately described on the plan.
(3) Accurate locations of all
existing and recorded streets intersecting the boundaries of the tract.
(4) Accurate metes and bounds
description of the boundary.
(5) Source of title of the applicant
to the land as shown by the last entry in the books of the County Recorder.
(6) Street names.
(7) Complete curve notes for all
curves included in the plan.
(8) Street lines with accurate
dimensions in feet and hundredths of feet, with angles to street, alley, and
lot lines.
(9) Lot numbers and dimensions.
(10) Accurate
locations of easements for utilities and any limitations on such semi-public or
community use.
(ll) Accurate
dimensions for any property to be dedicated or reserved for public,
semi-public, or community use.
(12) Building
lines and dimensions.
(13) Location,
type, material, and size of all monuments and lot markers.
(14) Plans
and specifications for the improvements required in this chapter.
(15) Restrictions
of all types which will run with the land and become covenants in the deeds for
lots.
(16) Name
of the subdivision.
(17) Name
and address of the owner and subdivider.
(18) North
point, scale, and date.
(l9) Certification
by a registered professional engineer or registered land surveyor.
(20) Certification
of dedication of streets and other public property.
(21) Certificate
for approval by the Plan Commission.
(22) Certificate
for approval by the County Commissioners if required.
(Ord. passed 3-9-70) Penalty, see ' 10.99
(A) When the final plat is
submitted to the Plan Commission, it shall be accompanied by a notice from the
Town Council stating that there has been filed with and approved by that body,
one of the following:
(l) A certificate that all
improvements and installations for the subdivision required for its approval
have been made or installed in accordance with specifications; or
(2) A bond which shall:
(a) Run to the Town Council.
(b) Be in an amount determined by
the Commission to be sufficient to complete the improvements and installations
in compliance with this chapter.
(c) Be with surety satisfactory to
the Commission; and
(d) Specify the time for the
completion of the improvements and installations.
(B) Upon the completion of the
improvements and installations required of a subdivider for the approval of a
final plat, and prior to the acceptance thereof for public maintenance by the
Town Council or, if applicable, to any other governmental unit, the subdivider
shall provide a three year maintenance bond which shall:
(l) Run to the Town Council and,
if applicable, to any other governmental unit having a legal responsibility for
the maintenance of the improvements and installations.
(2) Be in an amount equal to 20%
of the cost of the improvements and installations as estimated by the Town
Council.
(3) Provide surety satisfactory to
the Commission.
(4) Warrant the workmanship and
all materials used in the construction, installation, and completion of the
improvements and installations to be of good quality and have been constructed
and completed in a workmanlike manner in accordance with the standards, specifications,
and requirements of this chapter and the satisfactory plans and specifications
therefor.
(5) Provide that for a period of
three years after the installations and improvements have been completed or are
accepted for public maintenance by any appropriate governmental unit or agency
thereof, the subdivider will at his own expense make all repairs to the
improvements and installations, or the foundations thereof, which may become
necessary by reason of improper workmanship or materials, with such
maintenance, however, not to include any damage to the improvements and
installations resulting from forces or circumstances beyond the control of the
subdivider or occasioned by the inadequacy of the standards, specifications, or
requirements of this chapter.
(C) Within a reasonable time after
application for approval of the final plat, the Commission shall approve or
disapprove it. If the Commission
approves, it shall affix the Commission's seal upon the plat, together with the
certifying signature of its president and secretary. If
it disapproves, it shall set
forth the reasons
for such disapproval in its own records and
provide the applicant with a copy.
(Ord. passed 3-9-70)
Where the subdivider can show that a provision
of '' 153.15 through 153.20 would cause
unnecessary hardship if strictly adhered to and where, in the opinion of the
Plan Commission, because of topographical or other conditions peculiar to the
site, a departure may be made without destroying the intent of such provision,
the Commission may authorize a variance.
Any variance thus authorized is required to be entered in writing in the
minutes of the Commission and the reasoning on which the departure was justified
shall be set forth.
(Ord. passed 3-9-70)
(A) The final plat of the
subdivision shall conform to the following principles and standards of design
in '' 153.16 through 153.20.
(B) The subdivision plan shall conform
to the principles and standards which are generally exhibited in the Master
Plan.
(Ord. passed 3-9-70)
(A) The street and alley layout
shall provide access to all lots and parcels of land within the subdivision,
and where streets cross other streets, jogs shall not be created.
(B) Proposed streets shall be
adjusted to the contour of the land so as to produce usable lots and streets of
reasonable gradient.
(C) Certain proposed streets,
where appropriate, shall be extended to the boundary line of the tract to be
subdivided so as to provide for normal circulation of traffic within the
vicinity.
(D) Wherever there exists a
dedicated or platted portion of a street or alley adjacent to the proposed
subdivision, the remainder of the street or alley to the prescribed width shall
be platted within the proposed subdivision.
(E) Widths of primary, secondary,
and feeder streets shall conform to the width specified in the Official
Thoroughfare Plan.
(F) The minimum right-of-way of local
streets or culs-de-sac in urban areas shall be 50 feet. The minimum right-of-way of feeder streets in
rural areas shall be 50 feet unless otherwise designated by the Official
Thoroughfare Plan as requiring a minimum right-of-way of 60 feet. All culs-de-sac shall terminate in a circular
right-of-way with a minimum diameter of 100 feet, or other arrangement for the
turning of all vehicles conveniently within the right-of-way.
(G) Alleys shall be discouraged in
residential districts but should be included in commercial and industrial areas
where needed for loading and unloading or access purposes, and where platted
shall be at least 20 feet in width.
(H) The center lines of streets
should intersect as nearly at right angles as possible.
(I) At intersections of streets
and alleys, property line corners shall be rounded by arcs of at least 20 feet
radii or by chords of such arcs.
(J) At intersections of streets
the property line corners shall be rounded by arcs with radii of not less than
15 feet, or by chords of such arcs.
(K) If the smaller angle of
intersection of two streets is less than 60 degrees, the radius of the arc at
the intersection of property lines shall be increased as deemed advisable by
the Plan Commission.
(L) Intersections of more than two
streets at one point shall be avoided.
(M) Where parkways or special
types of streets are involved, the Plan Commission may apply special standards
to be followed in their design.
(N) Whenever the proposed
subdivision contains or is adjacent to a railroad right-of-way, a primary or a
secondary street, provision shall be made for a marginal access street, or a
parallel street adjacent to such railroad right-of-way or primary or secondary
street.
As a general
principle, intersections of such marginal access streets or parallel streets
shall not exist at less than l/4-mile intervals with primary streets or at less
than l/8-mile intervals with secondary streets.
(O) Horizontal visibility on
curved streets and vertical visibility on all streets must be maintained along
the center lines as follows:
(l) Primary streets: 500 feet.
(2) Secondary streets: 300 feet.
(3) Feeder streets: 150 feet.
(P) Curvature measured along the center
line shall have a minimum radius as follows:
(l) Primary streets: 500 feet.
(2) Secondary streets: 300 feet.
(3) Feeder streets: 200 feet.
(Q) Between reversed curves on
primary and secondary streets there shall be a tangent of not less than 100
feet and on feeder and residential streets such tangent shall be not less than
40 feet.
(R) Maximum grades for streets
shall be as follows:
(l) Primary and secondary streets,
not greater than 6%.
(2) Local streets and alleys, not greater
than 8%.
(S) The minimum grade of any
street gutter shall not be less than 0.3%.
(Ord. passed 3-9-70) Penalty, see ' 10.99
(A) Blocks should not exceed 1000
feet in length.
(B) Blocks shall be of sufficient
width to permit two tiers of lots of appropriate depth except where an interior
street parallels a limited access highway or primary street or secondary street
or a railroad right-of-way.
(Ord. passed 3-9-70) Penalty, see ' 10.99
(A) All lots shall abut on a
public or private street.
(B) Side lines of lots shall be at
approximately right angles to straight streets and on radial lines on curved
streets. Some variation from this rule
is permissible, but pointed or very irregular lots should be avoided.
(C) Double frontage lots should
not be platted, except that, where desired along limited access highways or
primary streets or secondary streets, lots may face on an interior street and back
on such thoroughfares. In that event a
planting strip for a screen, at least 20 feet in width shall be provided along
the back of each lot.
(D) Widths and areas of lots shall
be not less than that provided in the zoning code for single-family dwellings
for the district in which the subdivision is located, except that when a water
main supply system or a sanitary sewer system are not available, the lot area
necessary to install a private water supply or private sewage disposal on the
lot in accordance with the State Board of Health regulations shall become the
required minimum lot area.
(E) The depth-to-width ratio of
the usable area of a lot shall be a maximum of three to one.
(F) Wherever possible, unit
shopping centers, based upon sound development standards, should be designed in
contrast to the platting of lots for individual commercial use.
(G) Corner residential lots shall
be wider than normal in order to permit appropriate setbacks from both streets.
(Ord. passed 3-9-70) Penalty, see ' 10.99
Where alleys are not provided, easements for
utilities shall be provided. Such
easements shall have minimum widths of 12 feet, and where located along lot
lines, one-half the width shall be taken from each lot. Before determining the location of easements
the plan shall be discussed with the local public utility companies to assure
their proper placing for the installation of such services.
(Ord. passed 3-9-70) Penalty, see ' 10.99
Shall be as provided in the zoning code in
Chapter 154.
(Ord. passed 3-9-70) Penalty, see ' 10.99
The improvement of the subdivision shall
conform to the following standards in '' 153.31 through 153.38.
(Ord. passed 3-9-70)
' 153.31 MONUMENTS AND MARKERS.
(A) Shall be placed so that the
center of the pipe or marked point shall coincide exactly with the intersection
of lines to be marked, and shall be set so that the top of the monument or
marker is level with the finished grade.
(B) Monuments shall be set:
(l) At the intersection of all
lines forming angles in the boundary of the subdivision.
(2) At the intersection of street
property lines.
(C) Markers shall be set:
(l) At the beginning and ending of
all curves along street property lines.
(2) At all points where lot lines
intersect curves, either front or rear.
(3) At all angles in property
lines of lots.
(4) At all other lot corners not
established by a monument.
(D) Monuments shall be of stone,
precast concrete, or concrete poured in place with minimum dimensions of four
inches by four inches by 30 inches. They
shall be marked on top with an iron or copper dowel set flush with the top of
the monument or deeply scored on top with a cross. Markers shall consist of iron pipes or steel
bars at least 30 inches long, and not less than 5/8-inch in diameter.
(Ord. passed 3-9-70) Penalty, see ' 10.99
(A) Streets (and alleys where
provided) shall be completed to grades shown on plans, profiles, and cross
sections, provided by the subdivider, and prepared by a registered professional
engineer and approved by the Plan Commission.
(B) The streets shall be graded,
surfaced, and improved to the dimensions required by such plans, profiles, and
cross sections and the work shall be performed in the manner prescribed in
"Standard Specifications for Road and Bridge Construction and
Maintenance" (current issue) of the State Highway Commission. References in the following divisions refer
to the S.H.C. of I. Standard
Specifications.
(C) The street pavement shall be
of portland cement concrete or a flexible pavement and shall be constructed in
accordance with design characteristics at least equal to those given below;
except as modified by division (D) of this section:
(l) Design characteristics of
street and alley pavements.
Primary Secondary Feeder Alley
Kind of Pavement & Thickness (Inches)
Portland cement concrete
Uniform Thickness Eight
Seven Six
Six
(2) Material types as set out in
State Highway Commission specifications.
Feeder street design to be used on local streets serving industrial or
commercial developments.
(D) Where primary and secondary
streets are located within the subdivision as specified in ' 153.02, the subdivider shall construct such street
pavement in accordance with the requirements for feeder streets set forth in
division (C) of this section. For the
purpose of constructing primary, and secondary street pavements according to
the design characteristics set forth in division (C) of this section, the Town
Council is authorized to use funds available for such purposes to participate
with the subdivider in the cost of such construction; provided, however, that
such participation shall be limited to that cost which is additional to the
cost of constructing the required feeder street improvement.
(E) Prior to placing the street
and alley surfaces, adequate subsurface drainage for the street shall be
provided by the subdivider. Subsurface
drainage pipe, when required, shall be coated corrugated pipe or a similar type
not less than 12 inches in diameter approved by the Plan Commission. Upon the completion of the street and alley
improvements, plans and profiles as built shall be filed with the Plan
Commission. Surface drainage must be
provided for the subdivision by the subdivider in a manner that will not be
harmful to adjacent land uses. The
subdivider, not the town, will be responsible for correcting initial drainage
problems to the subdivision and adjacent lands.
(Ord. passed 3-9-70) Penalty, see ' 10.99
(A) The subdivider shall provide
the subdivision with a complete sanitary sewer system, which shall connect with
an existing approved sanitary sewer outlet, except that when such approved
outlet is not available, one of the following methods of sewage disposal shall
be used:
(l) A complete sanitary sewer system
to convey the sewage to a treatment plant, to be provided by the subdivider in
accordance with the minimum requirements of the State Board of Health or the
State Stream Pollution Control Board.
(2) A private sewage disposal
system on individual lots consisting of a septic tank and tile absorption field
or other approved sewage disposal system, when laid out in accordance with the
minimum standards of the State Board of Health (refer to Bulletin No. S.E. 8,
Septic Tank Sewage Disposal Systems, current issue); provided, however, that a
private sewage disposal system on individual lots consisting of a septic tank
and tile absorption field shall not be permitted if the water table is less
than 30 inches below the ground surface.
(B) The plans for the installation
of a sanitary sewer system shall be provided by the subdivider and approved by
the State Board of Health (Refer to Regulation HSE 14, I.S.B.H.). Upon the completion of the sanitary sewer
installation, the plans for such system as built shall be filed with the
Commission.
(C) In this section, and in ' 153.34, the phrase "THE SUBDIVIDER SHALL PROVIDE"
shall be interpreted to mean that the subdivider shall install the facility
referred to, or whenever a private sewage disposal system or an individual
water supply is to be provided, that such facilities referred to in these
sections shall be installed by the developer of the lots in accordance with
these regulations.
(Ord. passed 3-9-70) Penalty, see ' 10.99
(A) The subdivider shall provide
the subdivision with a complete water main supply system, which shall be
connected to an existing approved municipal or community water supply, except
that when such municipal or community water supply is not available, the subdivider
shall provide one of the following:
(l) A complete community water
supply system to be provided in accordance with the minimum requirements of the
State Board of Health.
(2) An individual water supply on
each lot in the subdivision in accordance with the minimum requirements of the
State Board of Health (Refer to Bulletin No. S.E. 7, Safe Water Supplies,
current issue).
(3) The water supply system shall
consist of a minimum six-inch cast iron or transite pipe, or Underwriters
approved equal. Water hydrants shall be provided by the subdivider. The location, number, and distance between
the fire hydrants shall be shown on each site plan which must be approved by
the Plan Commission. All water mains
shall be placed underground with a minimum of four-feet tamped fill cover.
(B) The plans for the installation
of water main supply system shall be provided by the subdivider and approved by
the State Board of Health (Refer to Regulation HSE, 5, I.S.B.H.). Upon completion of the water supply installation,
the plans for such system as built shall be filed with the Plan Commission.
(Ord. passed 3-9-70) Penalty, see ' 10.99
(A) The subdivider shall provide
the subdivision with an adequate storm water sewer system whenever curb and
gutter is installed and whenever the evidence available to the Plan Commission
indicates that the natural surface drainage is inadequate. When the surface drainage is adequate,
easements for such surface drainage shall be provided. Deep open ditches for drainage are not
permitted in the street, but where curb and gutter are not provided, a shallow
swale with its low point at least three inches below the elevation of the
subgrade of the pavement may be permitted.
(B) In a subdivision where curbs and
gutter are not provided, the subdivider shall furnish one of the following
types of improvements to facilitate roadside drainage and to assure suitable
entrances for private driveways which are proposed to intersect the roadway:
(l) A corrugated iron pipe, at
least 12 inches in diameter and 14 feet in length to be placed where required
for each driveway, or
(2) A properly dipped or swaled
concrete pavement, 14 feet in length, six feet in width and six inches thick,
designed so as not to create a hazard to the under parts of automobiles, at the
entrance of each driveway.
(Ord. passed 3-9-70) Penalty, see ' 10.99
(A) Wherever a proposed
subdivision lies adjacent to or between other subdivisions which have been
provided with curb and gutter, and wherever the proposed subdivision will
average more than 3-l/2 lots per gross acre included in the subdivision, the
Plan Commission shall require curb and gutter to be installed on each side of
the street surface.
(B) The curb and gutter shall be
of the construction type shown in division (C), Figure l and shall be
constructed according to the following specifications:
(l) The base for the curb and
gutter shall be well-compacted on the existing base or grade.
(2) The minimum specifications
shall be as shown for the type of cross section in division (C), Figure l.
(3) All concrete used in the curb
and gutter shall meet the state highway specifications for Class D concrete.
(4) Integral or monolithic curb of
the same dimensions as shown in division (C), Figure l may be built on concrete
pavement, provided the pavement widths are maintained as required in this
chapter.
(C) Figure l: Curb and gutter detail. Using portland cement concrete.
(Ord. passed 3-9-70) Penalty, see ' 10.99
(A) Wherever a proposed
subdivision lies adjacent to or between other subdivisions which have been
provided with sidewalks, and whenever the proposed subdivision will average
more than 3-l/2 lots per gross acre included in the subdivision, the Plan
Commission shall require sidewalks to be installed on each side of the street.
(B) When sidewalks are required,
they shall be constructed of portland cement concrete, at least four inches
thick, and four feet wide.
(Ord. passed 3-9-70) Penalty, see ' 10.99
The subdivider shall provide the subdivision
with standard town street signs at the intersection of all streets.
(Ord. passed 3-9-70) Penalty, see ' 10.99
PLAT CERTIFICATES AND DEED OF DEDICATION
The following forms in '' 153.46 through 153.49 shall be used in final plats.
(Ord. passed 3-9-70)
' 153.46 COMMISSION CERTIFICATE.
COMMISSION CERTIFICATE
UNDER AUTHORITY PROVIDED BY CHAPTER 174-ACTS
OF l947, ENACTED BY
THE GENERAL ASSEMBLY OF THE STATE OF INDIANA,
AND ALL ACTS
AMENDATORY THERETO, AND AN ORDINANCE ADOPTED
BY THE TOWN COUNCIL OF LONG BEACH,
INDIANA, THIS PLAT WAS GIVEN APPROVAL AS
FOLLOWS:
Approved by the Long Beach Plan Commission at
a meeting held
, l9 .
LONG BEACH PLAN COMMISSION
President
(SEAL) Secretary
(Ord. passed 3-9-70)
' 153.47 COUNTY COMMISSIONER'S CERTIFICATE.
When any part of the subdivision is located
in the unincorporated area of the county, the following certificate shall be
shown on the final plat:
COUNTY COMMISSIONERS CERTIFICATE
UNDER AUTHORITY PROVIDED BY CHAPTER 47, ACTS
OF l951, OF THE
GENERAL ASSEMBLY, STATE OF INDIANA, THIS PLAT
WAS GIVEN APPROVAL
BY THE BOARD OF COUNTY COMMISSIONERS OF
LAPORTE COUNTY, INDIANA,
AT A MEETING HELD ON THE
DAY OF ,
l9 .
BOARD OF COUNTY COMMISSIONERS
(SEAL)
(Ord. passed 3-9-70)
' 153.48 SURVEYOR'S CERTIFICATE.
SURVEYORS CERTIFICATE
"I, ,
HEREBY CERTIFY THAT I AM A REGISTERED
LAND SURVEYOR, LICENSED IN COMPLIANCE WITH
THE LAWS OF THE STATE OF
INDIANA, THAT THIS PLAT CORRECTLY REPRESENTS
A SURVEY COMPLETED BY
ME ON ,
THAT ALL THE MONUMENTS SHOWN THEREON
ACTUALLY EXIST, AND THAT THE LOCATION, SIZE,
TYPE AND MATERIAL OF
SAID MONUMENTS ARE ACCURATELY SHOWN."
(SEAL)
Signature
(Ord. passed 3-9-70)
Each final plat submitted to the Plan
Commission for approval shall carry a deed of dedication in substantially the
following form:
"We, the undersigned ,
owners of the real estate shown and described herein, do hereby certify that we
have laid off, platted and subdivided, and do thereby lay off, plat and
subdivide, said real estate in accordance with the within plat.
This subdivision shall be known and
designated as ,
an addition to . All streets and alleys shown and not
heretofore dedicated, are hereby dedicated to the public.
Front and side yard building lines are hereby
established as shown on this plat, between which lines and the property lines
of the street, there shall be erected or maintained no building or structure.
There are strips of ground
feet in width as shown on this plat and marked "Easement", reserved
for the use of public utilities for the installation of water and sewer mains,
surface drainage, poles, ducts, lines and wires, subject at all times to the
proper authorities and to the
easement herein reserved.
No permanent or other structures are
to be erected
or maintained upon
said strips of
land, but owners of lots in this subdivision
shall take their titles subject to the rights of the public utilities.
(Additional dedications and protective
covenants, or private restrictions, would be inserted here upon the
subdivider's initiative or upon the recommendation of the Commission. Important provisions are those specifying the
use to be made of the property and, in the case of residential use, the minimum
habitable floor area.)
The foregoing covenants (or restrictions) are
to run with the land and shall be binding on all parties and all persons
claiming under them until January l, l9 , (a twenty-five (25)
year period is suggested), at which time said covenants, (or restrictions),
shall be automatically extended for successive periods of ten (10) years unless
changed by vote of a majority of the then owners of the building sites covered
by these covenants, or restrictions, in whole or in part. Invalidation of any
one of the foregoing covenants or restrictions, by judgment or court order
shall in no way affect any of the other covenants or restrictions, which shall remain
in full force and effect.
The right to enforce these provisions by
injunction, together with the right to cause the removal, by due process of
law, of any structure or part thereof erected, or maintained in violation
hereof, is hereby dedicated to the public, and reserved to the several owners
of the several lots in this subdivision and to their heirs and assigns."
Witness our Hands and Seals this
day of ,
l9 .
State of Indiana ) Signature
)
SS:
County of LaPorte) Signature
Before me the undersigned Notary Public, in
and for the County and State, personally appeared ,
and each separately and severally
acknowledged the execution of the foregoing instrument as his or her voluntary
act and deed, for the purposes therein expressed.
Witness my hand and notarial seal this
day of ,
l9 .
Signature
(Ord. passed 3-9-70)
Section
Title,
Interpretation and Enactment
154.002 Interpretation, conflict and separability
154.006 Enforcement, violation, and penalties
154.007 Designation of the Administration
responsibility
154.022 Identification of terms
154.030 Establishment of zoning districts
154.031 Building (location) permit required for
construction of authorized uses
154.032 Every building to be constructed on a zoning
lot
154.033 Zoning map amendments and interpretation of
boundaries
154.034 Replacement of zoning map
154.035 Vacated and filled areas
154.045 Purpose of the zoning district
154.046 Permitted uses and structures
154.047 Minimum residential building width and
building area
154.048 Maximum height of buildings
154.049 Uses expressly not allowed
154.050 Special uses/exceptions as permitted uses
154.051 Permitted accessory uses and structures
154.052 Construction and location standards for
accessory uses and structures
154.053 Home occupation/services
154.054 Residential sign regulations
154.055 Fences in the residential district
154.057 Schedule of district regulations; setback,
height, lot size and coverage
154.058 On-site parking requirements
154.059 Duplicate building types
154.060 View protection standards
154.070 Purpose of the zoning district
154.071 Permitted and special use/exception uses
154.072 Permitted accessory uses and structures
154.073 Uses expressly not allowed
154.074 Maximum height of buildings
154.075 Local business sign regulations
154.076 Fences in the Local Business District
154.077 Schedule of district regulations; setback,
height, lot size and coverage
154.078 Off-street parking and loading requirements
154.079 Height variance for chimneys and the like
154.090 Purpose of the zoning district
154.091 Development prohibited in flood hazard area
without special approval
154.092 FEMA map available for inspection
154.101 Corner vision clearance distance
154.102 Accessory uses allowable in the public
right-of-way
154.103 Alignment of front building setback line
154.104 Subdivision front yard setbacks and zoning
compliance
154.105 Front yard setback requirements for through
and corner lots
154.106 Structure projection into yards
154.107 Location of accessory building or structure
on a tapered zoning lot
154.108 Air, water, waste, light and noise pollution
154.109 Placement and removal of trash/garbage
receptacles
154.110 Fire suppression required; structures greater
than 4,000 square feet
154.111 Sand mining and mineral extraction prohibited
154.112 Permit required for earth changes and to
alter topography
154.113 Parking of non-licensed, non-operating and
certain trucks prohibited
154.114 House and building address identification
required
154.115 Towers; including power generation,
communication, radio, TV and the like
154.116 Location of heating, ventilation, air
conditioning and similar devices
154.117 Cellular communication towers
154.125 Intent and single-family amortization
exemption
154.126 Nonconforming use declared incompatible
154.127 Residential single nonconforming lot of
record in any district
154.128 Nonconforming lots of record in combination
154.129 Nonconforming uses of land
154.130 Nonconforming buildings and structures
154.131 Nonconforming uses of buildings/structures
and land in combination
154.132 Repair/maintenance; nonconforming building,
structures and land uses
154.133 Expansion of nonconforming
building/structures and land uses
154.134 Nonconforming residential dwelling alteration
permitted
154.135 Restoration of nonconforming uses in
residential districts
154.145 Office of the Building Commission
154.146 Duties of the Building Commissioner
154.147 Qualifications of a Building Inspector
154.148 Conflict of interest with role of Building
Commissioner or Inspector
154.149 Reestablishment of the Advisory Plan
Commission
154.150 Conflict of interest with role of Plan
Commissioner
154.151 Duties of the Advisory Plan Commission
154.152 Establishment of the Board of Zoning Appeals
154.153 Power and duties of the Board of Zoning
Appeals
154.154 Public hearing requirements for Plan
Commission and BZA actions
154.155 Filing of applications and appeals
154.156 Development plan required with application
for improvement location permit
154.157 Certificate of occupancy required for use and
occupancy
154.158 All decisions appealable to a court of Law
154.159 Remedies for non-compliance
154.999 Penalties for non-compliance
Appendix A: Town
schedule of zoning district regulations
Appendix B: Figures
Figure 1 Front
yard
Figure 2 Type
of lots
Figure 3 Rear
lot line - triangular lot
Figure 4 Building
setback/yard requirements
Figure 5 Triangle
and reverse/interior lot building setback/yard requirements
Figure
6 Building height and top of foundation
Figure
7 Vision clearance on corner lots
Figure
8 Walkway and deck projection into yard
These regulations shall hereafter be known
and cited as the Zoning Code of the Town of Long Beach, LaPorte County,
Indiana.
(Ord. 0203, passed 6-10-02)
' 154.02
INTERPRETATION, CONFLICT AND SEPARABILITY.
(A) In
their interpretation and application the provisions of these regulations shall
be held to be the minimum requirements for the promotion of public health,
safety and general welfare.
(B) Conflicts
with public and private provisions:
(1) Public
provisions. The regulations are not
intended to interfere with, abrogate, or annul any other ordinance, rule or
regulation, statute, or other provision of law.
Where any provision of these regulations imposes restrictions different
from those imposed by rule or regulation, or other provision of law, those
provisions which are more restrictive or impose higher standards shall control.
(2) Private
provisions. These regulations are not
intended to abrogate any easement, covenant or any other private agreement or
restriction, provided that where the provisions of these regulations are more
restrictive or impose higher standards or regulations than such easements,
covenants, or other private agreement or restriction, the requirements of these
regulations shall govern. Where the
provisions of the easement, covenant, or private agreement or restriction impose
duties and obligations more restrictive, or higher standards than the
requirements of these regulations, or the determinations of the Advisory Plan
Commission or Board of Zoning Appeals in enforcing these regulations, and such
private provisions are not inconsistent with these regulations or
determinations thereunder, then such private provisions shall be operative and
supplemental to these regulations and determinations made thereunder. Private provisions can only be enforced
privately unless a public agency such as the Town of Long Beach has been made a
party to such agreement.
(3) Separability.
If any part or provision of these regulations or application thereof to any
person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part,
provision, or application directly involved in all controversy in which such
judgment shall have been rendered and shall not affect or impair the
validity of the remainder of these
regulations or the application thereof to other persons or circumstances. The town hereby declares that it would have
enacted the remainder of the these regulations even without any such part,
provision or application.
(Ord. 0203, passed 6-10-02)
This chapter shall not be construed as
abating any action now pending under, or by virtue of, prior existing zoning
ordinance, or as discontinuing, abating, modifying, or altering any penalty
accruing or about to accrue, or as affecting the liability of any person, firm,
limited liability company, or corporation, or as waiving any right of the town
under any section or provision existing at the time of the effective date of
this chapter, or as vacating or annulling any rights obtained by any person,
firm, limited liability company, or corporation, by lawful action of the town
except as shall be expressly provided for in this chapter.
(Ord. 0203, passed 6-10-02)
Nothing in this chapter or in any rules,
regulations or orders issued pursuant to this chapter shall be deemed to
restrict or regulate or to authorize any unit of government, legislative body,
Plan Commission or Board of Zoning Appeals now or hereafter established, to
restrict or regulate the exercise of the power of eminent domain by the State
of Indiana or by any state agency so
empowered to exercise eminent domain.
As used in this section, the term "state agency" shall mean
and include agencies, boards, commissions, departments and institutions,
including state universities of the State of Indiana.
(Ord. 0203, passed 6-10-02)
For the purpose of providing for the public
health, safety, and general welfare, the Town Council, on recommendation of the
Plan Commission, may from time to time amend the text of this chapter and/or
zoning map incorporated by reference in this chapter. Public hearings on all proposed amendments
shall be held by the Plan Commission and/or Town Council in a manner prescribed
by law.
(Ord. 0203, passed 6-10-02)
' 154.006
ENFORCEMENT, VIOLATION, AND PENALTIES.
(A) It
shall be the duty of the Building Commission and/or Police Chief/Town Marshal
to enforce these regulations and to bring any violations or lack of compliance to
the attention of the Town Attorney who may file a complaint against the person
and prosecute the alleged violation.
(B) Any
person may, by suit in a circuit or superior court of the County of LaPorte,
enjoin the violation of this chapter.
(C) Removal/discontinuance
of uses in violation. The Board of Zoning Appeals by mandatory injunction in
the circuit court of LaPorte County against the owner or possessor of the real
estate, may require the removal of a structure erected in violation of this
chapter, or the removal of any use or condition in violation of this chapter.
(D) A
use that violates this chapter shall be treated as if it were a common
nuisance, and the owner or possessor of the structure, land, or premises upon
which the use is maintained shall be liable for such nuisance.
(E) Daily
violation and fines. Any person whether owner or possessor, who shall violate,
or who permits or allows a violation, of any of the provisions of this chapter,
or who fails to comply therewith or with any requirements thereunder, or who
shall build, reconstruct, or structurally alter any building in violation of
any detailed statement or plan submitted upon which an approval or grant is
given under this chapter, shall upon complaint filed in circuit court of LaPorte
County and upon judgment finding such violation, be fined not less than $10 and
not more than $500, and each day shall constitute a separate violation.
(F) No
improvement location permit or building permit required under the Building Code
of the town shall be issued on any property subject to this chapter in
violation of the provisions of this chapter.
(G) Recapture
of enforcement fees. Notwithstanding
anything contained in this chapter to the contrary or appearing to be contrary,
and in addition and supplementary to other provisions of this chapter, if the
Board of Zoning Appeals or the town is required to utilize the services of the
Town Attorney or any other attorney in investigating a possible violation of
this chapter or enforcing the provisions of the chapter pursuant to ' 154.006(C), (D) or (E), or any other section, before any board
or court (including appeals), and such investigation results in a determination
that a violation has occurred or if this Board of Zoning Appeals or Town
Council is successful in its enforcement of this chapter by way of suit, appeal
or other appropriate proceeding, the respondent, defendant, or party
investigated for a violation shall pay the town its reasonable attorney fees
and all cost related to the investigation of the violation and/or the
enforcement of this chapter, unless such attorneys fees or costs are
specifically waived by the Town Council of the town.
(H) Costs
on appeal. As to any appeal from a
decision of the Board of Zoning Appeals, cost may not be allowed against the
Board of Zoning Appeals unless it appears to the court that the Board acted
with gross negligence or in bad faith in making the decision brought up for
review.
(I) Right
of private property access for inspection.
The Building Commission, Police Chief/Town Marshal, and staff or any
person or persons assisting the Building Commission or Police Chief/Town
Marshall in the application and enforcement of this chapter is hereby
authorized to go onto private property for the purpose of conducting
inspections required by this chapter or any order of the Plan Commission and
Board of Zoning Appeals, or to enforce this chapter. Such inspection or inspections shall occur at
reasonable times and shall be conducted in a manner not to disturb the peace.
(Ord. 0203, passed 6-10-02)
' 154.007
DESIGNATION OF THE ADMINISTRATION RESPONSIBILITY.
The Town Council hereby designates its
Building Commission and Police Chief/Town Marshal and their assigned personnel
the responsibility for administration and enforcement of this chapter with the
Building Commission serving as the principal administrator and enforcement
authority for this chapter and with enforcement assistance to be provided by the Police Chief/Town Marshal.
(Ord. 0203, passed 6-10-02)
"ACCESSORY BUILDING." A subordinate, detached and roofed structure
not designed or used for permanent year‑round human habitation which
serves a function incidental to and associated with that of the primary
residential or commercial use on the same lot.
"ACCESSORY USE." A subordinate use which is incidental to that
of the primary use and is a use other than human occupancy.
"ACCESSORY USE ‑ CHILD CARE." An occupant's use of a residential dwelling
to provide child care for five or fewer children at any time for less than 24
hours a day; activity which is exempt from state child care licensing
regulations.
"ADVISORY PLAN COMMISSION or PLAN
COMMISSION." A planning
commission serving a single local government jurisdiction established as
defined under I.C. 36‑7‑1‑2.
The Town of Long Beach Plan Commission is an "ADVISORY PLAN
COMMISSION".
"ALLEY." A permanent "duly recorded" public or
private service way primarily designed to serve as a secondary access to the
side or rear of those properties whose principal frontage is on some other
street or place.
"APPLICANT." The fee simple owner of land or agent
designated by the owner who makes application to the Plan Commission or Board
of Zoning Appeals with the Building Commissioner for an action allowable by the
terms of this chapter.
"ARCHITECTURAL FEATURES." Cornices, eaves, gutters, belt courses, sills,
lintels, bay windows, chimneys, decorative ornaments and the like.
"BABY‑SITTING." Care provided for compensation in the home
for no more than five children; an activity exempt from state child care
licensing requirements.
"BED AND BREAKFAST, HOME‑STAY." An establishment, having one or more bedrooms
for rent to transients for compensation in any form as an activity which is
subordinate and incidental to the main residential use of the building. These are also referred to as "tourist
homes".
"BILLBOARD." See "SIGN, OUTDOOR ADVERTISING".
"BLOCK." Property having frontage on one side of a
street and located between the two nearest intersections or intersecting
streets, or intersecting street and railroad right-of-way, or other barrier. When intersections or intersecting streets
and railroad right-of-way, waterway, or other barriers do not exist, the unit
of 660 feet shall be used and may begin at a quarter section line and terminate
each 660 feet unless intersected by a street.
"BOARD." The Advisory Board of Zoning Appeals of the
Town of Long Beach, LaPorte County, Indiana.
"BOARDING KENNEL." Use and occupancy of any parcel of land to
keep and house four or more dogs, or other small animals that are ordinarily
kept as pets, and are at least four years old.
"BOARDING KENNELS" are strictly prohibited in any
zoning district in the town. (See ' 154.049(E))
"BUFFER LANDSCAPING." Any trees, shrubs, walls, fences, berms or
related landscaping features under this chapter or the subdivision regulations
to be placed on private property and privately maintained or in a public
right-of-way for the purpose of buffering lots from adjacent properties, for
esthetic purposes, and/or for creating sound barriers and/or visual privacy.
"BUILDING." Any roofed structure built for the support,
shelter, enclosure, or protection of persons, animals, chattel, or moveable
property of any kind (each part of such structure that is separated from the
rest by an unbroken common wall is considered to be a separate building for the
purposes of this chapter).
(a) "BUILDING,
DETACHED." A building having no
structural connection with another building.
(b) "BUILDING,
FRONT LINE OF." The line of the
face of the building parallel to building line or building front setback line.
(c) "BUILDING
LENGTH." The longest side
measurement of a building measured at the foundation line.
(d) "BUILDING,
PRINCIPAL." A building in which
is conducted the main or principal use of the lot on which the building is
situated. Where any part of an accessory
building or structure is attached to the principal building by any means, so as
to give the impression that the building is a single structure and that such
accessory building (including attached garages) shall be counted as a part of
the "PRINCIPAL BUILDING".
(e) "BUILDING
WIDTH." The shortest side
measurements of the building measured at the foundation line. The shortest side
measurement shall not be less than 1/3 of the longest side measurements of any
building; used herein as the building length.
(f) "BUILDING
AREA." The horizontal projected
area, measured at the foundation line, of the building on the lot including
open areas or terraces, unenclosed porches not more than one story high, and
architectural features that project no more than two feet. For any cantilevered building space or floor
area projecting or extending beyond the foundation line such square footage
shall be included in the total square footage of "BUILDING AREA"
(such as the "shadow" of the building total floor area shall be
considered in the computation of building area).
(g) "BUILDING
CODE." The nationally
recognized model Building Code adopted by the Town Council, as periodically
updated, including supplements, variations, or amendments promulgated by the
national code sponsor and/or Town Council.
(h) "BUILDING
COMMISSION." The person or
persons duly appointed and/or delegated the responsibility for the
administration and enforcement of these regulations by the Town Council as
provided for in '' 154.145 through 154.160.
(i) "BUILDING
HEIGHT." The distance measured
between the top of building or structure and the highest level of the finish
grade of the lot adjoining the foundation wall.
(j) "BUILDING
INSPECTOR." Any persons or
persons meeting the qualifications of ' 154.147 and appointed by the Building
Commission and Town Council to serve in the position of Building Inspector as
provided in '' 154.145 through 154.160.
(k) "BUILDING
LINE, FRONT or BUILDING SETBACK LINE." The line that establishes the minimum
permitted distance on a lot between the front line of a building and the street
right-of-way measured perpendicular from the right-of-way line.
(l) "BUILDING
PERMIT." See "IMPROVEMENT
LOCATION PERMIT".
"BUSINESS." The engaging in the purchase, sale, barter,
or exchange of goods, wares, merchandise, or services, the maintenance or
operation of offices, or recreational and amusement enterprises for profit. Under the terms of this chapter, "BUSINESSES"
include retail sales and provisions of all personal services of all types.
"CERTIFICATE OF OCCUPANCY." A certificate signed by the Building
Commissioner or designee stating that the occupancy and use of land and/or
building or structure referred to therein complies with the provisions of this
chapter.
"CHILD CARE." Custodial,
supervisory, recreational or institutional care, designed to supplement
parental care, given children (other than the provider's), who are under 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, pre‑schools, baby‑sitting, day camps, summer camps,
foster homes, group homes, or cooperatives reciprocating care by group parents
in their own homes. See "ACCESSORY
USE ‑ CHILD CARE CENTER, CHILD CARE HOME."
"CHILD CARE CENTER." A state licensed (or exempted) child care
center facility is either: (1) a nonresidential structure where one or more
individuals provide child care for any number of children; (2) a facility in a
residentially occupied residential structure where individuals provide child
care for 11 or more children at any time; or (3) a non‑residentially
occupied residential structure for six or more children at any time.
"CHILD CARE HOME." A state licensed (or exempted) facility in a
residential structure where one or more individuals provide child care for six
to ten 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.
"COMMERCIAL BUSINESS." Any activity which provides goods or services
for consideration in any form including short‑term occupancy and use of
residential structures for a period of less than 30 days.
"COMMISSION." The Long Beach Advisory Plan Commission.
"CONDOMINIUM." Real estate lawfully subjected to I.C. 32‑1‑6
(the Horizontal 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.
"COURTWAY, DEDICATED." See "PLACE".
"DAILY RENTAL USE." The advertising (through any means including
word‑of‑mouth) and/or the letting for consideration of any form, a
principal building, and/or accessory structure and/or all or any portion of the
lot or parcel of property for exclusive use and/or