ORDINANCE NO. 2013-33 BROWNSBURG, INDIANA, 2014 AN ORDINANCE TO AMEND ARTICLES 1, 2, 4, 5, 7, AND 9, 1.01 (I)(1) ZONING ORDINANCE, 1.03 (B) LOCATION, 1.04 PLAN COMMISSION CERTIFICATION, 1.05 TOWN COUNCIL ADOPTION, 2.02, 2.04, 2.06, 2.08, 2.10, 2.12, 2.14, 2.16, 2.18, 2.20, 2.22, 2.24, 2.26, 2.28, 2.30, 2.32, 2.34, 2.36, 2.38, 2.40, 2.44, AND 2.46 ADDITIONAL DEVELOPMENT STANDARDS THAT APPLY, 2.26 NEIGHBORHOOD COMMERCIAL (NC) DISTRICT DEVELOPMENT STANDARDS (SETBACK ILLUSTRATION), 2.28 URBAN COMMERCIAL (UC) DISTRICT DEVELOPMENT STANDARDS (SETBACK ILLUSTRATION), 2.34 HIGHWAY COMMERCIAL (HC) DISTRICT DEVELOPMENT STANDARDS (SETBACK ILLUSTRATION), 2.38 LOW INTENSITY INDUSTRIAL (I1) DISTRICT DEVELOPMENT STANDARDS (SETBACK ILLUSTRATION), 2.40 LOW INTENSITY INDUSTRIAL (I1) DISTRICT DEVELOPMENT STANDARDS (SETBACK ILLUSTRATION), 4.06 (A)(1) DESIGNATION OF PERMANENT OPEN SPACE (SINGLE FAMILY RESIDENTIAL USES), 4.06 (A)(2) DESIGNATION OF PERMANENT OPEN SPACE (MULTIPLE FAMILY RESIDENTIAL USES), 4.06 (A)(3) DESIGNATION OF PERMANENT OPEN SPACE (OFFICE USES), 4.06 (A)(4) DESIGNATION OF PERMANENT OPEN SPACE (ALL OTHER USES), 5.02 (C) GENERAL ACCESSORY STRUCTURE STANDARDS, 5.22 (B)(1) GENERAL FENCE AND WALL STANDARDS, 5.25 FW-04: RESIDENTIAL FENCE AND WALL STANDARDS, 5.25 (C) HEIGHT, 5.37 (B)(6) UNIT VALUE STANDARDS, 5.37 (F)(2) STREET FRONTAGE STANDARDS, 5.39(B) SIZE, 5.39(B)(1) BUFFER YARD PLANTING STANDARDS, 5.42(A) & (B) LOADING STANDARDS, 5.51(B) GENERAL PARKING STANDARDS, 5.58(A)(2) SETBACK STANDARDS, 5.58(B) SETBACK STANDARDS, 5.58(C)(1) SETBACK STANDARDS (MINIMUM FRONT YARD SETBACK), 5.58(C)(1)(B) SETBACK STANDARDS (MINIMUM FRONT YARD SETBACK), 5.58(C)(2) SETBACK STANDARDS (MINIMUM SIDE YARD SETBACK), 5.58(C)(3) SETBACK STANDARDS (MINIMUM REAR YARD SETBACK), 5.58(D) SETBACK STANDARDS, 5.58(E) SETBACK STANDARDS, 5.58(F)(6) SETBACK STANDARDS, 5.61(A)(3) GENERAL SIGN STANDARDS, 5.78(A) TELECOMMUNICATION FACILITY STANDARDS, 5.79(C)(1) GENERAL TEMPORARY USE AND STRUCTURE STANDARDS, 5.79(C)(2) GENERAL TEMPORARY USE AND STRUCTURE STANDARDS, 5.79(C)(4) GENERAL TEMPORARY USE AND STRUCTURE STANDARDS, 5.81(A)(4) RESIDENTIAL TEMPORARY USE AND STRUCTURE STANDARDS, 5.81(A)(5) RESIDENTIAL TEMPORARY USE AND STRUCTURE STANDARDS, 5.81(A)(6) RESIDENTIAL TEMPORARY USE AND STRUCTURE STANDARDS, 7.02 IMPROVEMENT LOCATION PERMIT, 7.03(A)(1) TEMPORARY IMPROVEMENT LOCATION PERMIT, 7.03(A)(2) TEMPORARY IMPROVEMENT LOCATION PERMIT, 7.03(C) TEMPORARY IMPROVEMENT LOCATION PERMIT, 7.05 DEVELOPMENT PLAN, AND 9.02 DEFINED WORDS. OF THE ZONING ORDINANCE FOR THE TOWN OF BROWNSBURG, INDIANA WHEREAS, the Brownsburg Town Council ( Council ) desires to amend Article 1, 1.01 (I)(1) Zoning Ordinance, 1.03 (B) Location, 1.04 Plan Commission Certification, and 1.05 Town Council Adoption provisions pursuant to Exhibit A; and WHEREAS, the Brownsburg Town Council ( Council ) desires to amend Article 2, 2.02, 2.04, 2.06, 2.08, 2.10, 2.12, 2.14, 2.16, 2.18, 2.20, 2.22, 2.24, 2.26, 2.28, 2.30, 2.32, 2.34, 2.36, Page 1 of 20
2.38, 2.40, 2.44, and 2.46 Additional Development Standards that Apply, 2.26 Neighborhood Commercial (NC) District Development Standards (Setback Illustration), 2.28 Urban Commercial (UC) District Development Standards (Setback Illustration), 2.34 Highway Commercial (HC) District Development Standards (Setback Illustration), 2.38 Low Intensity Industrial (I1) District Development Standards (Setback Illustration), and 2.40 Low Intensity Industrial (I1) District Development Standards (Setback Illustration) provisions pursuant to Exhibit B; and WHEREAS, the Brownsburg Town Council ( Council ) desires to amend Article 4, 4.06 (A)(1) Designation of Permanent Open Space (Single Family Residential Uses), 4.06 (A)(2) Designation of Permanent Open Space (Multiple Family Residential Uses), 4.06 (A)(3) Designation of Permanent Open Space (Office Uses), and 4.06 (A)(4) Designation of Permanent Open Space (All Other Uses) provisions pursuant to Exhibit C; and WHEREAS, the Brownsburg Town Council ( Council ) desires to amend Article 5, 5.02 (C) General Accessory Structure Standards, 5.22 (B)(1) General Fence and Wall Standards, 5.25 FW-04: Residential Fence and Wall Standards, 5.25 (C) Height, 5.37 (B)(6) Unit Value Standards, 5.37 (F)(2) Street frontage standards, 5.39(B) Size, 5.39(B)(1) Buffer Yard Planting Standards, 5.42(A) & (B) Loading Standards, 5.51(B) General Parking Standards, 5.58(A)(2) Setback Standards, 5.58(B) Setback Standards, 5.58(C)(1) Setback Standards (Minimum Front Yard Setback), 5.58(C)(1)(b) Setback Standards (Minimum Front Yard Setback), 5.58(C)(2) Setback Standards (Minimum Side Yard Setback), 5.58(C)(3) Setback Standards (Minimum Rear Yard Setback), 5.58(D) Setback Standards, 5.58(E) Setback Standards, 5.58(F)(6) Setback Standards, 5.61(A)(3) General Sign Standards, 5.78(A) Telecommunication Facility Standards, 5.79(C)(1) General Temporary Use and Structure Standards, 5.79(C)(2) General Temporary Use and Structure Standards, 5.79(C)(4) General Temporary Use and Structure Standards, 5.81(A)(4) Residential Temporary Use and Structure Standards, 5.81(A)(5) Residential Temporary Use and Structure Standards, and 5.81(A)(6) Residential Temporary Use and Structure Standards provisions pursuant to Exhibit D; and WHEREAS, the Brownsburg Town Council ( Council ) desires to amend Article 7, 7.02 Improvement Location Permit, 7.03(A)(1) Temporary Improvement Location Permit, 7.03(A)(2) Temporary Improvement Location Permit, 7.03(C) Temporary Improvement Location Permit, and 7.05 Development Plan provisions pursuant to Exhibit E; and WHEREAS, the Brownsburg Town Council ( Council ) desires to amend Article 9, 9.02 Defined Words pursuant to Exhibit F; and WHEREAS, the Brownsburg Advisory Plan Commission ( Commission ) held public hearings pursuant to IC 36-7-4-604 on November 20, 2013, and submitted its final report to the Council; and WHEREAS, the Commission, after paying reasonable regard to: 1) the Brownsburg Comprehensive Plan, 2) the current conditions and character of current structures and uses in each zoning district, 3) the most desirable use for which the land in each district is adapted, 4) the conservation of property values throughout the jurisdiction, and 5) the responsible Page 2 of 20
development and growth of the Town, made a FAVORABLE RECOMMENDATION regarding adopting said replacement Zoning Ordinance and Zoning Map and certified the same to the Council; and WHEREAS, the Council has considered the recommendation of the Commission and paid reasonable regard to items 1 through 5 referred to above and has given public notice of its intention to consider this matter. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BROWNSBURG, HENDRICKS COUNTY, INDIANA, THAT PURSUANT TO IC 36-7-4-606: 1. The Council amends Article 1, 1.01 (I)(1) Zoning Ordinance, 1.03 (B) Location, 1.04 Plan Commission Certification, and 1.05 Town Council Adoption provisions pursuant to Exhibit A. 2. The Council amends Article 2, 2.02, 2.04, 2.06, 2.08, 2.10, 2.12, 2.14, 2.16, 2.18, 2.20, 2.22, 2.24, 2.26, 2.28, 2.30, 2.32, 2.34, 2.36, 2.38, 2.40, 2.44, and 2.46 Additional Development Standards that Apply, 2.26 Neighborhood Commercial (NC) District Development Standards (Setback Illustration), 2.28 Urban Commercial (UC) District Development Standards (Setback Illustration), 2.34 Highway Commercial (HC) District Development Standards (Setback Illustration), 2.38 Low Intensity Industrial (I1) District Development Standards (Setback Illustration), and 2.40 Low Intensity Industrial (I1) District Development Standards (Setback Illustration) provisions pursuant to Exhibit B. 3. The Council amends Article 4, 4.06 (A)(1) Designation of Permanent Open Space (Single Family Residential Uses), 4.06 (A)(2) Designation of Permanent Open Space (Multiple Family Residential Uses), 4.06 (A)(3) Designation of Permanent Open Space (Office Uses), and 4.06 (A)(4) Designation of Permanent Open Space (All Other Uses) provisions pursuant to Exhibit C. 4. The Council amends Article 5, 5.02 (C) General Accessory Structure Standards, 5.22 (B)(1) General Fence and Wall Standards, 5.25 FW-04: Residential Fence and Wall Standards, 5.25 (C) Height, 5.37 (B)(6) Unit Value Standards, 5.37 (F)(2) Street frontage standards, 5.39(B) Size, 5.39(B)(1) Buffer Yard Planting Standards, 5.42(A) & (B) Loading Standards, 5.51(B) General Parking Standards, 5.58(A)(2) Setback Standards, 5.58(B) Setback Standards, 5.58(C)(1) Setback Standards (Minimum Front Yard Setback), 5.58(C)(1)(b) Setback Standards (Minimum Front Yard Setback), 5.58(C)(2) Setback Standards (Minimum Side Yard Setback), 5.58(C)(3) Setback Standards (Minimum Rear Yard Setback), 5.58(D) Setback Standards, 5.58(E) Setback Standards, 5.58(F)(6) Setback Standards, 5.61(A)(3) General Sign Standards, 5.78(A) Telecommunication Facility Standards, 5.79(C)(1) General Temporary Use and Structure Standards, 5.79(C)(2) General Temporary Use and Structure Standards, 5.79(C)(4) General Temporary Use and Structure Standards, 5.81(A)(4) Residential Temporary Use Page 3 of 20
and Structure Standards, 5.81(A)(5) Residential Temporary Use and Structure Standards, and 5.81(A)(6) Residential Temporary Use and Structure Standards provisions pursuant to Exhibit D. 5. The Council amends Article 7, 7.02 Improvement Location Permit, 7.03(A)(1) Temporary Improvement Location Permit, 7.03(A)(2) Temporary Improvement Location Permit, 7.03(C) Temporary Improvement Location Permit, and 7.05 Development Plan provisions pursuant to Exhibit E. 6. The Council amends Article 9, 9.02 Defined Words pursuant to Exhibit F. 7. All prior ordinances or parts thereof inconsistent with any provisions of this Ordinance are hereby repealed. 8. This Ordinance shall be in full force and effect upon adoption. PASSED by the Town Council of the Town of Brownsburg, Indiana, this day of,, by a vote of ( ) ayes, and ( ) nayes. TOWN OF BROWNSBURG ATTESTED BY: By: Gary Hood, President Jeanette Brickler, Clerk-Treasurer Town of Brownsburg, Indiana Prepared by: Todd A. Barker Town of Brownsburg 61 North Green Street Brownsburg IN 46112 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law (Jonathan K. Blake). Page 4 of 20
Exhibit A Article 1, 1.01 (I)(1) Zoning Ordinance Zoning Ordinance: Chapter 155 of the Town of Brownsburg Municipal Code, as amended, and its associated Zoning Map. Article 1, 1.03 (B) Location Location: The Official Zoning Map as approved by the Plan Commission will be located in the Planning Department and maintained by the Plan Commission. Two (2) copies of the Official Zoning Map shall also be filed with the Clerk-Treasurer s Office with two (2) copies of this Zoning Ordinance. Article 1, 1.04 Plan Commission Certification The Zoning Ordinance was certified with a favorable recommendation for adoption on the 24th day of October, 2012, by the Town of Brownsburg Plan Commission after holding a legally announced public hearing. The records that monumented the Plan Commission s public hearing and certification of the Brownsburg Zoning Ordinance, with signatures, can be found on file in Plan Commission s minutes and records. Since its adoption, the Brownsburg Zoning Ordinance has been updated from time to time to adjust to new trends, calibrate regulations to current or future needs, close loopholes, or to comply with evolving case law or State Statutes. Each time amendments were adopted, the Plan Commission first held a legally advertised public hearing and certified the amendments for adoption to the Town Council. Those public hearings and certifications can be found on record in the Plan Commission s minutes. Details about each successful amendment can be found in the Tracking Table in Appendix C, and further detail about the public hearings and certifications can be found in the Plan Commission s corresponding meeting minutes. Article 1, 1.05 Town Council Adoption The Town of Brownsburg Zoning Ordinance was adopted by the Town of Brownsburg Town Council by Ordinance 2012-17 on December 13th, 2012 by unanimous vote. The Town of Brownsburg Zoning Ordinance became effective on February 1st, 2013. The ordinance instrument that adopted the Brownsburg Zoning Ordinance, with signatures, can be found on file in the Clerk-Treasurer s Office. Page 5 of 20
Since its adoption, the Brownsburg Zoning Ordinance has been updated from time to time to adjust to new trends, calibrate regulations to current or future needs, close loopholes, or to comply with evolving case law or State Law. The Town Council considered each amendment once the Plan Commission held a legally advertised public hearing and gave favorable recommendation to adopt the amendment. The ordinances that adopted each amendment to the Brownsburg Zoning Ordinance are referenced in the Tracking Table in Appendix C, and can be found, with signatures, at the Clerk- Treasurer s Office. Page 6 of 20
Exhibit B Article 2, 2.02, 2.04, 2.06, 2.08, 2.10, 2.12, 2.14, 2.16, 2.18, 2.20, 2.22, 2.24, 2.26, 2.28, 2.30, 2.32, 2.34, 2.36, 2.38, 2.40, 2.44, and 2.46 Additional Development Standards that Apply (cross-references) Change Architectural Structures to Architectural Article 2, 2.26 Neighborhood Commercial (NC) District Development Standards (Setback Illustration) Page 7 of 20
Article 2, 2.28 Urban Commercial (UC) District Development Standards (Setback Illustration) Article 2, 2.34 Highway Commercial (HC) District Development Standards (Setback Illustration) Page 8 of 20
Article 2, 2.38 Low Intensity Industrial (I1) District Development Standards (Setback Illustration) Article 2, 2.40 Low Intensity Industrial (I1) District Development Standards (Setback Illustration) Page 9 of 20
Exhibit C Article 4, 4.06 (A)(1) Designation of Permanent Open Space (Single Family Residential Uses) Fifteen percent (15%) of all land being developed shall be open space, and 25% of that open space shall be usable space for recreation, accessible to residents, and conveniently located. Article 4, 4.06 (A)(2) Designation of Permanent Open Space (Multiple Family Residential Uses) Fifteen percent (15%) of all land being developed shall be open space, and 25% of that open space shall be usable space for recreation, accessible to residents, and conveniently located. Article 4, 4.06 (A)(3) Designation of Permanent Open Space (Office Uses) Ten percent (10%) of all land develop shall be usable open space. Article 4, 4.06 (A)(4) Designation of Permanent Open Space (All Other Uses) Five percent (5%) of all land develop shall be usable open space. Page 10 of 20
Exhibit D Article 5, 5.02 (C) General Accessory Structure Standards Permits: An Improvement Location Permit shall be required prior to installation or construction of an accessory structure unless specifically noted otherwise. See Section 7.02(B): Exemption from Improvement Location Permit for exemption for small structures (e.g. structures 90 sq. ft. or less). In circumstances where a permit is not required, the accessory structure shall still meet all applicable Accessory Structure Standards. Article 5, 5.22 (B)(1) General Fence and Wall Standards Fence: An Improvement Location Permit for a fence shall not be required. However, districtspecific standards may apply. See the following cross reference for each zoning district. PR District See 5.23 FW-02: Parks and Recreation Fence and Wall Standards AG District See 5.24 FW-03: Agricultural Fence and Wall Standards RE, R1, R2, R3, TR, M1, M2, M3,& MP Districts See 5.25 FW-04: Residential Fence and Wall Standards IS, NC, UC, C1, C2, HC, and EC Districts See 5.26 FW-05: Institutional and Commercial Fence and Wall Standards RO District See 5.27 FW-06: Regional Outdoor Entertainment Fence and Wall Standards I1, I2, MS, and HI Districts See 5.28 FW-07: Industrial and High Impact Fence and Wall Standards Article 5, 5.25 FW-04: Residential Fence and Wall Standards Change title from Residential and Fence and Wall Standards to Residential Fence and Wall Standards Article 5, 5.25 (C) Height 1. Front Yards: Fences and walls shall not exceed three (3) feet in height when located in a front yard. Corner lots shall be allowed to have a front yard fence project into the secondary front yard. The secondary front yard shall be considered the front yard that the primary structure s front door does not face or gain access. The fence may project into the front yard by up to fifty percent (50%) of the front yard setback. 2. Side and Rear Yards: Fences and walls shall not exceed six (6) feet in height when located in a side yard or rear yard. Page 11 of 20
Article 5, 5.37 (B)(6) Unit Value Standards Unit Value Landscaping and Buffer Yard Landscape Materials Landscape Materials Categories - Minimum Size at Time of Planting Unit Value Unit Value Deciduous Shade Tree (Overstory) (2½ inch caliper) 0.75 Evergreen Tree (9 feet tall) 0.75 Deciduous Ornamental Tree (Understory) (1½ inch caliper) 0.50 Evergreen Tree (6 feet tall) 0.50 Evergreen Shrub-Narrow Spread (4 feet tall) 0.25 Hedge Plant (deciduous) (24 to 30 inches tall) 0.10 Hedge Plant (evergreen) (24 to 30 inches tall) 0.15 * Earthen Mound (3 feet tall) 0.50 * Earthen Mound (6 feet tall) 1.00 * Earthen Mound (9 feet tall) 2.00 *Note: In no case when using an Earthen Mound, can the value of plant material used on the mound be less than 2 Article 5, 5.37 (F)(2) Street frontage standards Correct numbering a., b., & c. Article 5, 5.39(B) Size & 5.39(B)(1) Buffer Yard Planting Standards B. Size: The size of the buffer yard is determined by the zoning district adjacent to the subject lot s zoning district. Table 1: Minimum Required Buffer Yard Level below indicates the minimum required buffer yard level. Simply find the subject lot s zoning district across the top of the chart and then each adjacent lot s zoning district to determine when a buffer yard is required. (existing Table 1: Minimum Required Buffer Yard Level remains) 1. If the subject lot develops adjacent to property outside the Town of Brownsburg s planning jurisdiction, the most similar zoning district from this Zoning Ordinance will be used to determine if and what type of buffer yard would be required for the adjacent property. Article 5, 5.42(A) & (B) Loading Standards A. Project Applicability: The following loading standards only apply when a project electively involves one (1) or more loading dock. B. Design: 1. Location: Page 12 of 20
a. Loading docks shall be located so that they are not visible from public streets. If such a location is not possible, a loading dock visible from a public street shall be screened by solid structure walls and/or landscape buffers. b. Loading docks shall have adequate area for trucks to maneuver in and out of the facility. Maneuvering areas shall be designed to accommodate semi tractor trailers. c. Trucks shall not block rights-of-way, streets, alleys, aisles, or other internal circulation when maneuvering into or docked at loading docks. 2. Surface Materials: Loading docks shall be paved with asphalt or concrete. 3. Drainage: Loading docks shall be constructed to allow proper drainage away from the structure. Such drainage shall not include piped systems that convey water directly into a storm sewer or waterway. Filtration strips shall be required. Article 5, 5.51(B) General Parking Standards Setbacks: All parking areas shall comply with the accessory structure setbacks found in Article 2: Zoning Districts for the subject lot s zoning district. Article 5, 5.58(A)(2) Setback Standards Parking Setbacks: See Parking Standards (PK) for setbacks for parking lots and off-street parking spaces. Article 5, 5.58(B) Setback Standards Exemption: A platted subdivision (i.e. secondary plat approval) established prior to February 1, 2013 shall be regulated using the front yard setback, side yard setback, and rear yard setback standards that were in place at the time of platting. Article 5, 5.58(C)(1) Setback Standards (Minimum Front Yard Setback) Yard was added to the appropriated places (i.e. Front Yard Setback) Article 5, 5.58(C)(1)(b) Setback Standards (Minimum Front Yard Setback) This section was deleted. Article 5, 5.58(C)(2) Setback Standards (Minimum Side Yard Setback) Yard was added to the appropriated places (i.e. Side Yard Setback) Page 13 of 20
Article 5, 5.58(C)(3) Setback Standards (Minimum Rear Yard Setback) Yard was added to the appropriated places (i.e. Rear Yard Setback) Article 5, 5.58(D) Setback Standards [this section was added as the new section D. therefore the former sections D. & E. were renumber E. & F.] Measurement: Setbacks shall be measured from the property lines of the subject lot, except for properties which front on a private street or shared driveway. If a property is located along a private street or shared driveway, the front yard setback shall be measured from the edge of pavement of the private street plus ten (feet) to accommodate drainage and a sidewalk, either now or in the future. Article 5, 5.58(E) Setback Standards [formerly section D.] Administrative Discretion: The Zoning Administrator may allow a front yard setback, side yard setback, and/or rear yard setback, for primary or accessory structures, to utilize established setback standards in special circumstances (e.g. a historic and narrow lot being used for infill development). Specifically, an established setback may be permitted when the result of applying the applicable setbacks for the subject lot would result in discontinuity with adjacent properties in the same zoning classification; or would substantially constrain development opportunity on the lot in a way inconsistent with adjacent properties within the same zoning classification. The Zoning Administrator may reject requests to utilize established setbacks if the proposed architecture, massing, or building form is inconsistent with the adjacent architecture. Article 5, 5.58(F)(6) Setback Standards [formerly section E.] Driveways: A driveway from the primary structure or a detached garage to the public right-of-way shall be exempt from the front yard setback standard where it connects to the street. Driveway setbacks from the side yard property line shall be as follows: a. One-half of a permitted shared driveway may be located up to the side property line so the two halves may connect, making one driveway. b. All other driveways shall comply with half (½) of the minimum side yard setback applicable to accessory structures. Article 5, 5.61(A)(3) General Sign Standards Special Event Signs: Signs associated with special events as permitted in Section 5.82: Nonresidential Temporary Use and Structure Standards shall be exempt from the Sign Standards section, but shall comply with that section s limitations. Page 14 of 20
Article 5, 5.78(A) Telecommunication Facility Standards Permits: In the PR and AG Districts, an Improvement Location Permit shall be required prior to the construction, erection, placement, modification, or alteration of a telecommunication facility. In the I1, I2, and RO Districts, an Improvement Location Permit shall be required prior to the modification, or alteration of a telecommunication facility. In the I1, I2, and RO District a Development Plan review and approval shall be required prior to the construction, erection, or placement of a telecommunication facility. See Article 7: Processes. Article 5, 5.79(C)(1) General Temporary Use and Structure Standards Fund-raising Events: Fund-raising events such as chicken barbecues, fish fries, and car washes shall be permitted and shall be exempt from obtaining a Temporary Improvement Location Permit if the frequency is less than three (3) times per calendar year, the duration of each event is fourteen (14) days or less, and there is a minimum of fourteen days between any two events. Signs for fund-raising events shall comply with the applicable temporary sign standards for the subject lot (e.g. the IS District would go to Section 5.65(C): Temporary Sign Standards). Article 5, 5.79(C)(2) General Temporary Use and Structure Standards Garage and Yard Sales: Garage and yard sales shall be permitted and shall be exempt from obtaining a Temporary Improvement Location Permit if the frequency is less than two (2) times per calendar year, the duration of each event is three (3) days or less, and there is a minimum of fourteen (14) days between any two events. Signs for garage or yard sales shall comply with the applicable temporary sign standards for the subject lot (e.g. the RE, R1, R2, R3, TR, and M1 Districts would go to Section 5.63(B): Temporary Sign Standards). Article 5, 5.79(C)(4) General Temporary Use and Structure Standards Construction Trailer: A construction trailer may be installed on a site that has been issued a building permit for a project that will have a construction duration of one (1) month or more. The location of the construction trailer shall meet all accessory structure setback standards if in a side or rear yard, or be at least five (5) feet from the all property lines if located in the front yard. For large institutional, commercial or industrial construction projects, the Zoning Administrator may grant up to three (3) construction trailers if evidence supports the need for more than one (1). Page 15 of 20
Article 5, 5.81(A)(4) Residential Temporary Use and Structure Standards Lighting: All exterior lighting shall be turned off between the hours of 11:00 PM and 6:00 AM every day. This regulation does not apply to a standard and customary front porch light, carriage light(s), or back porch light. Article 5, 5.81(A)(5) Residential Temporary Use and Structure Standards Neighborhood Information: A maximum of one (1) neighborhood information kiosk/sign shall be permitted. Such a device shall not exceed eight (8) feet in height, thirty-two (32) square feet in area and shall not be illuminated. Article 5, 5.81(A)(6) Residential Temporary Use and Structure Standards Model Home Sign: A maximum of one (1) model home sign shall be permitted. Such a device shall not exceed six (6) feet in height, eight (8) square feet in area and shall not be illuminated. Page 16 of 20
Exhibit E Article 7, 7.02 Improvement Location Permit Remove M1, IS, NC, and UC from the districts that 7.02 applies to. Article 7, 7.03(A)(1) Temporary Improvement Location Permit Temporary Uses a. Special Events (e.g. grand openings, fund-raising events, sale of seasonal items, tent sale, garage sale, and/ or sidewalk sale) b. Roadside Sales of Produce c. Model Homes d. Race Events Article 7, 7.03(A)(2) Temporary Improvement Location Permit Temporary Structures a. Tents b. Construction Trailers c. Portable Storage Article 7, 7.03(C) Temporary Improvement Location Permit Cross Reference: 1. Temporary Sign Standards: See Sign Standards (SI) for the applicable zoning district 5.61 SI-01: General Sign Standards for standards relating to temporary signs. 2. Temporary Use and Structures: See Temporary Use and Structure Standards (TU) 5.79 TU-01: General Temporary Use and Structure Standards for standards relating to temporary uses and structures. Article 7, 7.05 Development Plan Add M1, IS, NC, and UC to the districts that 7.05 applies to. Page 17 of 20
Exhibit F Article 9, 9.02 Defined Words Bar (or Tavern): An establishment used principally for the sale and consumption of alcoholic beverages on site and that derives sixty percent (60%) or more of its annual gross revenue from the sale of alcoholic beverages. The service of food tends to be incidental. Other names for a bar include tavern, cocktail lounge, pub, or saloon. Building Commissioner: Shall mean the inspector of buildings for the Town of Brownsburg. District: See Zoning District. Household Pets: See "Pets, Household. Lot: A single tract of land intended to be used, developed or built upon. There are three types of lots identified in the Zoning Ordinance: interior lots, corner lots, and through lots. Dwelling, Manufactured Home: A single-family dwelling unit designed and built in a factory, installed as a permanent residence, and bears a seal certifying that it was built in compliance with the federal Manufactured Housing Construction and Safety Standards Law, and which also complies with the following specifications: 1. Constructed after January 1, 1981, and exceeds 950 square feet of occupied space per IC 36-7-4(d); 2. Attached to a permanent foundation of masonry construction and has a permanent concrete or concrete block perimeter enclosure constructed in accordance with the One and Two Family Dwelling Code; 3. Wheels, axles, and towing chassis removed; 4. Pitched roof with a minimum rise of two to twelve (2:12); and 5. Consists of two (2) or more sections which, when joined, have a minimum dimension of twenty three (23) feet in width for at least sixty percent (60%) of its length. Office, General Services (removed Services) Page 18 of 20
Radio/TV Station: See Broadcast Facility and Broadcast Studio. Sign, A-Frame: A type of temporary sign or device that is self-supporting with two faces connected at or near the top with each face angled outward making a triangular shape. This type of sign is generally designed to be set up on a sidewalk or other flat surface to attract pedestrians. Sign, Self-Standing: A type of temporary sign or device that is self-supporting without being affixed to the ground or without legs that project into the ground. This type of sign is generally designed to be set up on a sidewalk or other flat surface to attract pedestrians. Sign, Yard: A type of temporary sign or device with one (1) or two (2) faces affixed to one (1) or two (2) legs that are pressed into the ground. Lot, Subject: The lot to which an action has been petitioned for or otherwise being considered for action. Tower: See Telecommunication (removed s) Tower. Yard: Updated the first illustration to accurately show the rear yard Page 19 of 20
Yard, Side: Area on a lot which is not defined as a front yard or a rear yard, roughly described as the area between the side foundation and the side lot line between the front yard and rear yard. Zoning District: A purposefully created and uniquely named classification used to prescribed a set regulations to geographic areas within the zoning jurisdiction of the Town of Brownsburg. Districts are drawn on the Official Zoning Map. Page 20 of 20