City of Garrett, Indiana



Online Garrett City Code

 

 

Chapter 153.06 - Zoning Ordinance - Use Requirements

§ 153.06.1 Height of Structures (Amended April 2, 2002 by Ordinance # 2002-7)

(a).  Except as otherwise provided by this ordinance, not structure may be erected or changed to make its height greater than that specified in Table 2 of this Ordinance.

(b).  RESERVED FOR FUTURE USE

(c).  RESERVED FOR FUTURE USE

(d).  RESERVED FOR FUTURE USE

(e).  RESERVED FOR FUTURE USE

(f).  In an RS or RU District, a multi-family structure may be erected or changed to a height up to a maximum of thirty-five (35) feet; however, its height may exceed twenty-five (25) feet by one (1) foot for each foot that the side yards exceed those prescribed for it by this ordinance.

(g). The height of a business structure may exceed the height otherwise prescribed for it by this ordinance by two (2) feet for each one (1) foot that the front and rear setbacks prescribed in Table 2.

(h). Spires, church steeples, chimneys, cooling towers, elevator bulkheads, fire towers, flagpoles, scenery lofts, penthouse, stacks, tanks, water towers, transmission towers, and necessary mechanical appurtenances may be erected to any height that is prohibited by other ordinances or laws.

§ 153.06.2 Maximum Lot Coverage: Residential Uses (Amended April 6, 2004 by Ordinance # 2004-5).

(a). The combined total square footage of residential and accessory buildings on a zoning lot may not exceed in coverage the percentage of total lot area indicated in Table 3.

 (b)  The combined total square footage of allowed parking area on a zoning lot may not exceed in coverage the percentage of total lot area indicated in Table 3a.

§ 153.06.3 Minimum Floor Area: Residential Uses

No dwelling may be erected or changed so that its ground floor size, in square feet, is less than that prescribed by Table 4.

§ 153.06.4 Minimum Lot Size: Residential Uses (Amended April 2, 2002 by Ordinance # 2002-7)

(a). A lot on which a dwelling is erected or changed may not be smaller in area, in square feet per dwelling unit, than that prescribed for it Table 5 of this Ordinance unless said lot is subject to the provisions of § 153.06.6(a). (Amended by Ordinance # 12291).

(b). A lot on which a dwelling is erected or changed may not be smaller in width, in linear feet, than that prescribed for it in Table 6.

§ 153.06.5 Minimum Lot Size: Uses Requiring Special Exceptions

A lot on which one of the shown in Table 8 is located as a Special Exception may not be smaller in area than the area prescribed for that use by said table.

§ 153.06.6 Standard Setbacks

(a). The minimum depths of front yards shall be as prescribed by Table 9 except as provided below:

(1). The replacement of a dwelling unit that has been completely destroyed and removed, and which is located on a single lot in a RI or RU District that measures either one-hundred, twenty-five (125) feet x twenty-five (25) feet, or one-hundred, twenty-five (125) feet x thirty (30) feet; and which lot is too small to allow compliance with the setback, lot coverage or lot size requirements of this Ordinance, shall be allowed provided the following:

(a). The newly constructed site-built dwelling unit, or newly-placed manufactured housing unit, shall be located on said lot in such a manner that no part of the unit, except roof overhang, extends beyond the foundation line of the previous dwelling unit.

(b). Plans for siting and constructing a site-built unit, or siting and placing a manufactured housing unit, are submitted to and approved by the Zoning Administrator prior to the construction or placing of the new dwelling unit. The Zoning Administrator shall also determine if the newly placed unit meets the other requirements of the district.

(c). The damaged dwelling unit must be demolished, and the site filled, according to the provisions of the Garrett Demolition Ordinance.

(d). The provisions of this sub-section shall apply only to nonconforming lots located in the Original Plat of the City of Garrett and the following additions:

  • Cowen's First Addition.
  • South Park Addition.
  • Irvine's Addition.
  • Vananda Addition.
  • Keyser's Addition.
  • Well's 1st Addition.
  • Keyser's 2nd Addition.

(e). A property owner proposing to construct a dwelling unit on a non-conforming lot, as described above, and who owns a lot or lots adjacent to the lot in question does not qualify for this exception. (Amended by Ordinance # 12291).

(b). A through lot has a front yard on each abutting street.

(c). The minimum depth of a rear yard or rear setback, for any land use is as designated in Table 7 of this Ordinance (Amended April 2, 2002 by Ordinance # 2002-7).

(d). The minimum side yards for a residential use are prescribed in Table 10 of this Ordinance unless said lot is subject to the provisions of §153.06.6(a) of this Ordinance. (Amended by Ordinance # 12291).

(e). Side parcel setbacks for all zoning districts are as required by Table 10 of this Ordinance (amended January 6, 1998 by Ordinance # 98-02).

(f). (Reserved for future use) amended January 6, 1998 by Ordinance # 98-02).

(g). The procedures for verifying the location of foundation lines on said lots shall be established by the Commission by rule. (Amended by Ordinance # 12291).

(h). The type of thoroughfare fronting a parcel shall be determined to be as classified by the Garrett Pavement Management System, to be maintained and revised by the Garrett Planning Department. (Amended by Ordinance # 96-4).

(i). Newly constructed driveways accessing a parcel from the front or rear of said parcel shall have a minimum setback of two (2) feet from a side parcel line. Driveways may be constructed up to a parcel side line only with the written consent of the adjoining property owner (amended January 6, 1998 by Ordinance # 98-02).

§ 153.06.6A Fences on Commercial and Residential Property (Amended by Ordinance # 2293)

(a). No fence, or artificially erected man-made screen or barrier, may be erected or constructed on a commercial or residential property without first obtaining a Fence Permit and paying the required fee. (Amended by Ordinance # 2293).

(b). The following shall apply to fences on all commercial and residential properties (Amended by Ordinance # 2293):

(1). No fence, or artificially erected man-made screen or barrier, may be erected or constructed parallel to a side lot line, or in any other part of a front yard, between the front line of the building and the curb and / or street right of way line, except as follows:

(a). A split rail "decorative fence" may be erected at the front corner(s) of a lot, provided that the fence is set back two (2) feet from the side lot line, and two (2) feet from the front lot line. Said fence may not extend more than six (6) feet from the corner along either the side or front lot lines.

(2). No fence may exceed seven (7) feet in height (Amended April 6, 2004 by Ordinance # 2004-5)..

(3). No fence may be located closer than two (2) feet to any alley right-of-way line.

(4). No fence may be located closer than two (2) feet to a side lot line.

(5). No fence may be located closer than two (2) to a rear lot line.

(6). All fencing shall be subject to the requirements of Section 153.06.8 of this Ordinance, at intersections of streets, at intersections of streets and alleys, and at intersections of alleys.

(7). Contiguous property owners may agree to waive the restrictions of subparagraphs (4) and / or (5) above. In such a case, a written waiver signed by the property owners must be submitted to the zoning administrator prior to the issuance of the improvement location permit. Such waivers shall be binding on successors in title.(8). The term "residential property" shall have its common everyday meaning.

(9). Fences are to be constructed from the materials defined in §153.03.3(a) of this Ordinance.  Fences shall not be constructed of the following materials (Amended April 6, 2004 by Ordinance # 2004-5):

  •  Barb wire.

  • Razor wire

  • Thin mesh ("chicken coop") fencing.

  • Electrified fences of any kind.

(10). Fence post materials are to be the same as the fencing material hung between the posts, as follows
(Amended August 19, 2008 Ordinance # 2008-08):

      • Wooden fences are to have wooden posts.

      • Metal fences are to have metal posts.

      • Vinyl fences are to have vinyl-clad posts.

      • Fences, fence posts or any other fence appendages are not be placed, installed or constructed within utility or drainage easements
        (Amended August 19, 2008 Ordinance # 2008-08).

(c). Fence Permit

(1). Application for a Fence Permit shall be made upon a form provided by the Zoning Administrator, and shall contain, or have attached thereto, the following information (Amended by Ordinance # 2293):

(a). The name, address and telephone number of the applicant.

(b). The location of the lot(s) or tract of property upon which the fence is proposed to be constructed.

(c). The proposed location of the fence.

(d). The type of material and height of the proposed fence.

(e). Such other information as the Zoning Administrator shall require to show full compliance with this Ordinance and any other City ordinance.

(2). The Zoning Administrator shall require a "Consent to Fence Location" to be signed by all affected adjoining property owners if the applicant proposes to erect a fence on a property line. (Amended by Ordinance # 2293).

(3). Any denial of a Fence Permit by the Zoning Administrator may be appealed to the BZA. (Amended by Ordinance # 2293).

(4). The fee for a Fence Permit shall be as prescribed in Table 23 of this Ordinance. (Amended by Ordinance # 99-4).

§ 153.06.6B Fences on Agricultural Property

(a). The placement and construction of fences on agricultural property located in the unincorporated areas of the Garrett Plan Jurisdiction shall be governed by the relevant sections of the Dekalb County Zoning Ordinance. (Amended by Ordinance # 2293).

§ 153.06.6C Fences on Industrial Property

(a). No fence, or artificially erected man-made screen or barrier, may be erected or constructed on an industrial property without first obtaining a Fence Permit and paying the required fee. (Amended by Ordinance # 2293).

(b). The following regulations shall apply to fences on all industrial properties (Amended by Ordinance # 2293):

(1). No fence may exceed eight (8) feet in height.

(2). All fencing shall be subject to the requirements of §153.06.8 of this Ordinance, at intersections of streets, at intersections of streets and alleys, and at intersections of alleys.

(3). No fence may be located closer than ten (10) feet to the front lot line.

(4). No fence may be located closer than two (2) feet to a side lot line.

(5). No fence may be located closer than two (2) feet to a rear lot line.

(6). No fence may be located closer than two (2) feet to any alley right-of-way line.

(7). The Commission, when reviewing a development plan or a site plan for an industrial development, reserves the right to require the relocation or removal of fences proposed in said plans to expedite access to an industrial property by public safety and public utility vehicles and personnel.

(8). The Zoning Administrator is hereby authorized to require the relocation or removal of fences proposed in site plans to expedite access to an industrial property by public safety and public utility vehicles and personnel.

§ 153.06.7 Setbacks: Accessory Buildings in Residential Districts (Amended April 2, 2002 by Ordinance # 2002-7)

(a). In a residential district, an accessory building may be located no closer to a side lot line than three (3) feet and no closer to the front lot line than the rear line of the principal building. An accessory building may be located no closer than two feet to an alley.

§ 153.06.8 Setbacks: Vision Clearance at Intersections

At the intersection corner of each corner lot, the triangular space determined by the two lot lines at that corner and by a diagonal line connecting the two (2) points on those lot lines that are fifteen (15) feet respectively from the corner shall be kept free of any obstruction to vision between the heights of three (3) and thirteen (13) feet above the established grade.

§ 153.06.9 Setbacks: Uses Requiring Special Exceptions

(a). The uses listed in Table 11 are subject to the special setbacks prescribed, in feet by the table. If no figure appears for a front yard setback, the standard prescribed by § 153.06.6(a) applies.

§ 153.06.10 Buffering: Minimum Distances from Residential District or Use (Amended April 2, 2002 by Ordinance # 2002-7)

(a). A mineral extraction area, borrow pit, or topsoil removal area (including storage area), penal or correctional institution, public or commercial sewage disposal plant, sales barn for livestock resale, truck freight terminal, or wholesale produce terminal may not be located closer to a residence district than six-hundred (600) feet. A junk yard may not be located closer to such a district than one-thousand, three-hundred and twenty (1,320) feet.

(b). A parking area or locating berth for any of the uses listed in Table 12 may not be located closer to a residential use than the distance, in feet, prescribed opposite it in the table.

§ 153.06.11 Buffering: Fences and Walls

The uses listed in Table 13 shall be fenced or walled as respectively prescribed by this table. (See also Section 153.06.6A).

§ 153.06.12 Buffering: Screen Planting Abutting Residential Use (Amended April 2, 2002 by Ordinance # 2002-7)

Tight screen planting, effective at all times to block the view from abutting residential uses, shall be provided for the uses listed in Table 14.

§ 153.06.13 Entrances

(a). This subsection limits the number of entrances (points of ingress-egress) to an arterial street or a numbered highway (Indiana State highway or Dekalb County road). However, it does not apply to entrances for emergency use only (Amended April 2, 2002 by Ordinance # 2002-7).

(b). Each of the uses listed in Table 15 is limited to the number of entrances indicated in the table.

(c). As used in this section, the term "entrance" means a passageway from the premises to thoroughfare by which vehicles enter or leave.

§ 153.06.14 Loading

(a). Business uses, except those that do not receive or transport goods in quantity by truck delivery shall be provided with loading berths as shown in Table 16.

(b). Business uses which do not receive or transport goods in quantity by truck deliver shall be provided with delivery spaces shown in Table 16.

(c). Each of the uses listed in Table 17 for which special exceptions are provided by 4.2, and shopping centers, shall be provided with loading berths, as shown in the table. Loading berths must not face on the bordering highway and must be at least as far from the nearest residential use required by Table 12.

(d). Industrial uses shall be provided with loading berths as shown in Table 19.

(e). Each delivery space prescribed by this section must provide at least a twelve (12) foot by forty-five (45) foot loading space, with fourteen (14) foot height clearance.

(f). Each delivery space prescribed by this section must provide at least a twelve (12) foot by twenty-five (25) foot loading space with a fourteen (14) foot height clearance.

(g). Loading berths or delivery spaces, if open, shall be paved with a hard or dustproof surface.

(h). As used in this section, the term "loading berth" or delivery space" means an off-street, off-alley area designed or used to load goods on, or unload goods from, vehicles.

§ 153.06.15 Parking

(a). To reduce traffic problems and hazards by eliminating unnecessary on-street parking, every use of land must include on premises parking sufficient for the needs normally generated by the use, as provided by this section. Parking spaces or bays contiguous to the street, required by subdivision or other ordinances, are in addition to, and not in place of, the spaces so required.

(b). As used in this section, the term:

(c). Off-street parking spaces shall be provided for the following newly constructed land uses (Amended by Ordinance # 2293):

(1). Minimum Requirements / Each automobile parking space shall not be less than one-hundred eighty (180) square feet (nine [9] feet by [20] feet) in area. Parking requirements for specific uses are as follows:

(a). Any Place of Assembly Without Fixed Seats / At least one (1) parking space for each six (6) seats based on the maximum seating capacity of the facility, including fixed and movable seats.

(b). Auditorium, Theater, Gymnasium, Stadium or Any Other Place of Assembly, Except Churches / At least one parking space for each four (4) seats based on the maximum seating capacity of the facility, including fixed and movable seats. (EXAMPLE: A maximum seating capacity of 360 would require 90 spaces).

(c). Barber Shops or Beauty Shops / At least three (3) parking spaces for each barber or beautician operating in a shop.

(d). Bowling Alley / At least three (3) parking space for each bowling lane. (EXAMPLE: A bowling alley with 40 lanes would require 120 spaces).

(e). Collective Parking Facilities / Collective parking facilities for two (2) or more buildings or uses may be allowed. However, the total number of off-street parking required spaces for each use. (EXAMPLE: Two businesses share a parking lot. One business would require 50 parking if it had its own lot; the other business would 30 spaces if it had its own lot. The number of parking spaces for the combined lot therefore cannot be less than 80).

(f). Eating or Drinking Establishment, or any Similar Use, Where Customers are Seated and Served within a Building / At least one (1) parking space for every three (3) seats, plus one (1) parking space per employee per shift. (EXAMPLE: An eating establishment with a dining / serving room floor area of 48 seats, and 7 employees on the first shift, would require 23 parking spaces).

(g). Eating and / or Drinking Establishment, or any Similar Use Where Customers are Served Outside of a Building / At least one (1) parking space for each fifty (50) square feet of gross floor area. There shall not be less than six (6) parking spaces for each such establishment. (EXAMPLE: An eating establishment with a gross floor area of 300 square feet would require 12 spaces).

(h). Food Market or Any Similar Use / As least one (1) parking space for each two-hundred (200) square feet of gross floor area.

(i). Furniture, Household Appliance or Mechanical Trades Display Store or any Other Similar Use / At least one (1) parking space for each one-thousand (1,000) square feet of gross ground floor area plus (1) space for each fifteen hundred (1,500) square feet of the gross area of floor space other than the ground floor used for sales, display or show purposes.

(j). Hospitals, Sanitariums, Nursing Homes, Homes for the Aged / At least one (1) parking space per each four (4) beds, plus one (1) parking space for each employee and doctor.

(k). Hotel, Motel or any Similar Use / At least one (1) parking space per sleeping room in addition to whatever spaces may be required for any restaurant facilities that may be part of the lodging facility.

(l). Launderette, Laundromat, Self-Service Laundry, Washeteria, or any Similar Use / At least one (1) parking space for each two (2) washing machines. (EXAMPLE: A laundromat with 40 washers would require 20 spaces).

(m). Manufactured Housing Park / At least two (2) parking spaces on the same parcel of land for each manufactured house, plus two (2) spaces for every three lots located elsewhere within the park tract. The configuration and location of the lots shall be determined by the developer subject to the approval of the Plan Commission.

(n). Medical Clinic or any other Similar Use / At least one (1) parking space per one-hundred (100) square feet of waiting room area and one (1) per doctor or dentist and one (1) per each full time employee. (EXAMPLE: A medical clinic with a 700 square foot waiting room, 2 doctors and 5 full-time employees would require 14 spaces).

(o). Mixed Uses / In the event mixed uses are located in the same building or structure, the total number of off-street parking spaces shall be the sum of the requirements of the various uses computed according to the standards specified in this section. Off-street parking facilities for one use shall not be considered as providing the required parking facilities for any other use.

(p). Multiple Family Dwelling / At least two (2) parking spaces per dwelling. (EXAMPLE: 20 dwelling units would require 40 spaces).

(q). Office Building or Professional Office or Any Other Similar Use / At least one (1) parking space for each four-hundred (400) square feet of gross floor area. (EXAMPLE: A 10,000 square foot office building would require 25 spaces).

(r). Processing, Wholesaling, Warehousing, Manufacturing or any other Industrial Use or Commercial Establishment not Specifically Set Out in this Subsection / At least one (1) parking space for each two (2) employees plus sufficient space to park all company-owned or leased motor vehicles, semi-trailers and trailers. (EXAMPLE: A factory with 150 employees would require, at a minimum, 75 spaces).

(s). Retail Store or Service / At least one (1) parking space for each four-hundred (400) square feet of gross floor area. (EXAMPLE: A store with a gross floor area of 10,000 square feet would require 25 spaces).

(t). Self-Service Car Wash / At least three (3) parking spaces for each washing stall.

(u). Schools / Parking spaces for schools shall be provided as follows:

(1). Elementary - Middle Schools / At least one (1) parking space per employee and two (2) spaces per classroom, plus designated areas for buses.

(2). Secondary Schools / At least one (1) parking space per employee and six (6) spaces per classroom, plus designated areas for buses.

(3). Universities, Technical and Vocational Schools / At least one (1) parking space per employee, twelve (12) spaces per classroom, and one (1) space per each two-hundred (200) square feet of building space.

(v).      Single Family or Two-Family Dwelling  (Amended September 19, 2006 by Ordinance # 2006-23):

  • Single-Family Dwelling Structure – Two (2) parking spaces.

  • Two-Family Dwelling Structure – Two (2) parking spaces per dwelling unit (total = 4 parking spaces).

  • Multi-Family Dwelling Structure – Two (2) parking spaces per dwelling unit (example: 3 dwelling units = 6 parking spaces; 4 dwelling units = 8 parking spaces, etc.).

(d). Each of the parking spaces required by this section must be at least nine (9) feet wide and twenty (20) feet long, exclusive of passageways.  Handicapped parking spaces must be a minimum fourteen (14) feet wide and twenty-three (23) feet long, exclusive of passageways (Amended April 2, 2002 by Ordinance # 2002-7).

(e). The parking spaces prescribed by this section for a business or an industrial use must be located on the premises or on a site, approved by the Board, at least part of which is within three-hundred (300) feet of the premises. However, parking spaces may not be located in the required front yard, except in AB, BL, BG and industrial districts.

(f). Some parking areas must conform to the location requirements prescribed in § 153.06.10(b). In addition, a parking area for a business use must, if in the open, be paved with a hard or dustproof surface.

(g). A group of business or industrial uses may provide a joint parking area if the number of spaces in the area at least equals the aggregate of the spaces required for the several uses.

(h). A church or temple that requires a parking area at times when nearby uses do not need their parking facilities may, by agreement approved by the Board, use those facilities instead of providing its own.

(i). Newly constructed commercial buildings, erected on the following lots, may be granted a variance, from the parking requirements specified by § 153.06.15(c) of this Ordinance, by the BZA if the property owner provides documentation that the size of the lot, or lots in combination, is not large enough to meet the parking requirements prescribed for the proposed commercial operation in § 153.06.15(c) and if the Board finds that a proposal meets the requirements of §153.05.5(b) (Amended April 2, 2002 by Ordinance # 2002-7).

§ 153.06.16 Signs

(a). In any district, except as noted, the provisions of this subsection shall be applied to effect the safety of motorists and facilitate traffic movement.

(1). No sign shall be erected or maintained at any location where, by reason of its position, wording, illumination, size, shape, or color it may obstruct, impair, obscure, interfere with the view of, or be confused with any authorized traffic control sign, signal or device.

(2). No sign shall contain or make use of any phrase, symbol, shape, form or character in such a manner as to interfere with, mislead or confuse moving traffic.

(3). No exterior sign having flashing, intermittent or animated illumination shall be permitted except in a BG and BC district wherein general street lighting is provided and traffic movement on adjoining streets is regulated at thirty-five (35) miles-per-hour.

(b). In any district, the provisions of this subsection shall apply.

(1). No part of any sign that is attached to a building shall be erected to a height greater than the height of the building.

(2). No illuminated sign shall be permitted within fifty (50) feet of property in any residence district unless the illumination of such sign is so designed that it does not reflect or shin light onto such property.

(3). No part of any freestanding sign shall be erected to a height greater than that specified for accessory structures in the district in which the sign is located.

(4). The minimum setback of freestanding signs from street right-of-way shall not be less than those specified by Table 20.

(5). The area of a sign shall be determined by the smallest circle, triangle, or rectangle that can be used to enclose the sign, exclusive of supporting members that bear no message.

(6). No freestanding sign shall be erected or maintained within ten (10) feet of any side lot line.

(7). All signs, temporary or permanent, shall be constructed or maintained in a presentable manner for the life of the sign. (Amended by Ordinance # 2293).

(8). Any sign that is, or becomes, deteriorated shall be removed from the premises by the owner of said sign.    Said sign shall be removed by the owner  upon receipt of a notice from the City zoning administrator.    (Amended by Ordinance #1-2008, adopted February 5, 2008)

(9). No permanent sign, whether an awning, free-standing, illuminated, portable, projecting, roof or wall sign, as defined in Chapter 153.03.3(a) of this Ordinance, shall be erected within, or extend over, a public right-of-way, except for overhanging signs in "BC-Business Core" districts.  (Amended April 2, 2002 by Ordinance # 2002-7). 

(c). In any residence district the provisions of this subsection shall apply:

(1). A nameplate that shall not exceed one (1) square foot in area is permitted for each dwelling unit a single-family, two-family, or row house structure; such nameplate shall indicate nothing other than name and / or address of the occupant, and / or customary home occupation. No other sign shall be allowed. This paragraph shall not be constructed to prohibit each dwelling unit from also displaying a house numbering plate for identification.

(2). Multiple-family residences and residential projects of all types may display identification signs indicating nothing other than name and / or address of the premises and / or the name of the management. Such signs shall not exceed nine (9) square feet in area.

(3). For uses other than those listed in paragraphs (2) and (3) eligible to display a sign, only one sign per street frontage shall be permitted; except that uses occupying extended frontages shall be permitted one such sign per five-hundred (500) feet of frontage.

(d). In any business district, except as herein provided, the provisions of this subsection shall apply.

(1). Residential uses shall be subject to the provisions of subsection (c).

(2). Each primary use other than those listed in paragraphs (1) and (2) shall be permitted as accessory uses according to the number and net area of signs set forth in Table 21.

(3). Except in those blocks where twenty-five (25) percent of the lots are already occupied by business uses and where overhanging signs are already established, no sign shall project over a lot line and no sign shall project into a required yard by more than two (2) feet.

(4). Any sign that advertises a product or service no longer available on the premises of a business that has closed permanently, or has moved from the premises, shall be removed by the owner of the premises. (Amended by Ordinance # 2293).

(5). Semi-trailers, whether operational or not operational, shall not be used as stationary advertising signs. (Amended by Ordinance # 2293).

(e).      The provisions of this subsection shall apply to the following areas of Garrett:

1.      A “sidewalk sign” may be placed on the sidewalk in front of a place of business only during operating hours.

a.      Signs designated by this sub-section cannot block the path of pedestrians and must comply with the “Obstructing Free Passage of Pedestrian” requirements of §95.45 through 95.48 of the City of Garrett Code of Ordinances and  I.C. 9-21.4.6(b).

b.     Signs designated by this sub-section are to be constructed with wood, plastic or painted metal frames.  The message board areas for the signs may be as follows:

1)     Slate board.
2)     Dry-erase board.
3)     Corrugated plastic with plastic letters.
4)     Any other weather-resistant materials that is property finished or coated.

c.      The following sign materials are not acceptable:

1)     Unfinished Plywood.
2)     Unfinished Oriented strand board (OSB)
3)     Cardboard.
4)     Wood paneling board.
5)     Foamboard.  

d.     Business owners or operators, who want to place sidewalk signs in front of their business, must obtain a sign permit from the City of Garrett Planning Department.  Said permit shall cover the placement of one (1) sign in front of the business specified in the permit during each instance the sign is placed in front of said business.

The permit fee for the sign permit shall be as designated in Table 23 of this Ordinance.

e.      Failure to obtain a permit shall be deemed a violation of this Ordinance and subject the sign owner to the provisions of §153.11.4 of this Ordinance. (Amended by Ordinance #1-2008, adopted February 5, 2008)

(f). The signs permitted by this subsection shall be allowed in any district (Amended April 2, 2002 by Ordinance # 2002-7):

(1). Each public recreation, community facility, or clinic use, shall be permitted one bulletin board or identification sign, not to exceed twelve (12) square feet, except that uses occupying extended frontages shall be permitted on such sign per five-hundred (500) feet of frontage.

(2). Each permitted or required parking area that has a capacity of more than five (5) cars shall be permitted one sign, not more than two (2) square feet in area, designating each entrance or exit from such parking area; and one sign, not more than nine (9) square feet in area, identifying or designating the conditions of use of such parking area for each twenty-five (25) spaces, except that a minimum of one such sign shall be permitted.

(3). One (1) "For Sale" or "For Rent" sign, not more than twelve (12) square feet in area for each dwelling unit, garage, or other quarters where appropriate.

(4). One (1) sign, not more than twenty (20) square feet in area, pertaining to the sale of agricultural products raised on the premises.

(5). Signs established by, or by order of, any governmental agency.

(6). One sign, not more than twelve (12) square feet in area, for construction and development, giving the name of the contractors, engineers, or architects, shall be permitted, but only during the time that construction or development is actively under way.

(7). For an event of public interest such as a county fair, or church event, one sign, not over twenty-four (24) square feet in area and located upon the site of the event shall be permitted. Such sign shall not be erected more than thirty (30) days before the event in question and shall be removed immediately after such event. Also, directional signs, not more than three (3) square feet in area, showing only a directional arrow and the name of the event of the public interest. Such signs shall not be erected more than fourteen (14) days before the event in question and shall be removed immediately after such event.

(g). In the AG, FP, RC, IG and IR districts, wherein general outdoor advertising signs are permitted as special exceptions, the Board shall not allow more than one sign structure per one-thousand (1,000) feet of frontage; no such outdoor advertising sign structure shall contain more than two (2) facings and no facing shall display more than two (2) signs.

(h). Temporary / Portable Sign Regulations (Amended by Ordinance # 2293).

(1). Subdivision / One sign, not to exceed one-hundred, twenty-eight (128) square feet in area, advertising the sale of lots within a subdivision. No single dimension of such sign shall exceed sixteen (16) feet. There shall be one (1) such sign located at the entrance of the subdivision within the subdivision. The setback from the front or side lot line shall be equal to one-half (1/2) the required front building setback as specified for the zone in which it is located. Said sign shall be removed by the developer, or his agent, upon the completion or the sale of ninety (90) percent of the lots in the subdivision.

(2). Political Signs / All political signs shall be removed within forty-eight (48) hours after an election. No political signs shall be closer than thirty (30) feet to an intersection, measured at the corner of the intersection at the back of the curb.

(3). Special Event Signs / Signs advertising, or giving directions to, an official or special event shall be permitted. The sponsors of such events shall remove all signs within forty-eight (48) hours after the event is completed.

(4). Portable Signs / Portable signs shall be permitted in any district provided each sign shall have been issued a Sign Permit. Such signs shall be allowed a Sign Permit for a maximum fourteen (14) days. A lot shall have only one portable sign at a time; and only two permitted signs shall be allowed per lot per year (a maximum twenty-eight [28] days).

(i). Sign Permit (Amended by Ordinance # 2293).

(1). Application for a Sign Permit, to erect a permanent sign, shall be made upon a form provided by the Zoning Administrator, and shall contain, or have attached thereto, the following information:

(a). The name, address and telephone number of the applicant.
(b). The location of the lot(s) or tract of property upon which the sign is proposed to be constructed.
(c). The proposed location of the sign.
(d). The type of material comprising the sign, and the size of the proposed sign.
(e). Such other information as the Zoning Administrator shall require to show full compliance with this Ordinance and any other City ordinance.

(2). Any denial of a Sign Permit by the Zoning Administrator may be appealed to the BZA.

(3). The fee for a Sign Permit shall be as prescribed in Table 23 of this Ordinance. (Amended by Ordinance # 99-4).

§ 153.06.17 Home Occupations

(a). Home occupation shall be clearly incidental and secondary to the use of the residence for dwelling purposes.

(b). Structural alteration that would affect the residential character of the property, indicate the presence of a home occupation, or in any way limit the use of the structure or any of its parts or accessory buildings for residential purposes shall not be allowed.

(c). No stock be visible from the exterior (Amended April 2, 2002 by Ordinance # 2002-7).

(d). The following occupations, subject to the restrictions cited, are expressly permitted as home occupations:

(e). The following uses are not permitted as home occupations:

(f). The property owner must obtain from the Garrett Planning Department, and sign, a "Statement of Understanding and Compliance Regarding Home Occupation" form. Said form certifies that the property owner agrees to comply with the provisions of the City of Garrett, Indiana Zoning Ordinance regarding home occupations. The property owner, through signing the form, also verifies that he / she understands and agrees that, upon the filing of a complaint with the City of Garrett, or the issuance of an abate by the Garrett Police Department, and investigation by the Garrett Plan Commission, they may be required to cease and desist their home occupation by the City of Garrett; or may be required to petition the City of Garrett Board of Zoning Appeals for a variance or special exception to operate a business on their property. (Amended by Ordinance # 2293).

(1). The fee for obtaining "Statement of Understanding and Compliance Regarding Home Occupation shall be as prescribed in Table 23 of this Ordinance. (Amended by Ordinance # 99-4).

§ 153.06.18 Principal Buildings and Primary Uses

(a). Not more than one principal building shall be permitted on anyone lot, however, more than one use shall be permitted for each business building.

(b). Where a permitted use of land involves no structures, such use shall nonetheless comply with all yard and minimum area requirements applicable to the district in which it is located.

(c). In a residential district, an accessory building shall not be erected before a lot's principal building.

§ 153.06.19 Water Pollution

No authorization of a use under this ordinance includes the authority to discharge liquid or solid wastes into public waters except as permitted under the Indiana Department of Environmental Management or other such state agency or department responsible for such approval and permits. Plans and specifications for proposed sewage and other waste treatment and disposal facilities must be approved by the above said entity.

§ 153.06.20 Industrial Restrictions: Smoke

No industrial use of any type may emit smoke or other offensive smoke containing gases in excess or violation of any all local, state or federal minimum emission regulations. The most restrictive of any overlapping restrictions shall apply.

§ 153.06.21 Industrial Restrictions: Particulate Matter

(a). As used in this section, the term "particulate matter" means any divided liquid or solid material that is discharged and carried by and in the air.

(b). No industrial use of any type may emit particulate matter in excess or violate of any local, state or federal minimum emission regulations. The most restrictive overlapping restriction shall apply.

(c). Dust and other kinds of air pollution that are borne by the wind from such on-site sources such as storage areas, yards and roads shall be kept to a practical minimum by use of appropriate landscaping, paving, oiling, fencing or other means.

§ 153.06.22 Industrial Restrictions: Odor

No industrial use of any type may release or cause an odor that is blatantly or obviously detectable at the property lot line.

§ 153.06.23 Industrial Restrictions: Toxic Material Emissions

No industrial use of any type may release or cause to be emitted any toxic materials in excess or violation of any local, state and federal minimum applicable regulations. The most restrictive of any overlapping regulations shall apply.

§ 153.06.24 Industrial Restrictions: Glare and Heat

(a). No industrial use of any type may release or cause heat at the lot line or within the lot in excess or violation of any local, state and federal minimum applicable regulations. The most restrictive of any overlapping restrictions shall apply. No heat at the lot line may be so intense as to be a public nuisance or hazard.

(b). No industrial use of any kind may cause illumination at or beyond any residential district boundary in excess of zero-point-one (0.1) foot candle. As used in this section, the term "foot candle" means a unit of illumination equal to the illumination at all points that are one (1) foot from a uniform point source of one (1) candlepower.

§ 153.06.25 Industrial Restrictions: Vibration and Noise

(a). No industrial use of any type may exceed the minimum local, state and or federal regulations governing industrially caused earthborne vibrations at the lot line nor at any residential district boundary.

(b). No industrial use of any kind may produce a sound or noise pressure level at the boundary of a residential or business district in excess or in violation of any local, state or federal regulations. The most restrictive of any overlapping restrictions shall apply.

§ 153.06.26 Industrial Restrictions: Fire Hazards

(a). Solid substances, ranging from free or active burning to intense burning, may be stored, used, or manufactured only within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system . The storage, utilization, or manufacture of flammable liquids or materials which produce flammable vapors or gases shall be permitted in accordance with the Rules and Regulations of the State Fire Marshall or other such state office responsible for such regulation. A certificate of compliance, issued by the State Fire Marshall's office, stating that the plans and specifications for a light or general industrial use comply with the Rules and Regulations of the State Fire Marshall shall accompany the application for an improvement location permit. As used in this section, the term:

§ 153.06.27 Industrial Restrictions: Detonation Materials

No activity involving the storage, use, or manufacture of materials that decompose by detonation may be carried out except in accordance and within compliance with all applicable minimum local, state or federal regulations governing such activity. The most restrictive of any overlapping regulations shall apply.

§ 153.06.28 Industrial Restrictions: Exceptions

(a). Sections 153.06.20 to 153.06.26, inclusive, do not apply to:

(1). Site preparation or construction, maintenance, repair, alterations, or improvement of buildings, structures, equipment, or other improvements on or within the lot line;

(2). The operation of motor vehicles or other facilities for the transportation of personnel, materials or products;

(3). Conditions beyond the control of the user such as fire, explosion, accident, failure or breakdown;

(4). Safety or emergency warning signals or alarms necessary for the protection of life, limb, or property.

§ 153.06.29. Aesthetic and Parcel Layout Requirements (amended January 6, 1998 by Ordinance # 98-02)

(a). Residential

(1). Siding Materials / Siding material used on residential dwelling units shall consist of any of the following:

  • horizontal lap siding (wood, vinyl or aluminum).

  • V-grooved tongue and groove siding.

  • wood-grained vertical siding materials in a board and batten or reverse batten pattern.

  • cedar or other wood shakes.

  • stucco.

  • brick.

  • stone.

  • wood logs.

  • or a combination of such siding materials, and shall extend from the roof-line to the foundation.

(2). Roofing materials / Roofing materials applied to a dwelling unit shall consist of shingles (asphalt, rubber or fiberglass), shakes, slate, tin or non-corrugated standing steel or tile materials.

(3). Entrance to structure from front of lot / An entrance-way to a new dwelling must face, and be accessible from, the front lot line of the parcel on which the dwelling is located. A "front lot line" is as defined by § 153.03.3(a) of this Ordinance.

(b). Commercial (reserved for future use)

(c). Industrial (reserved for future use)

 

NOTE: This Code is subject to amendment periodically as permitted by the Indiana Code. Such amendments
may not be immediately posted to this site.

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