CITY OF PORTLAND

Portland Zoning Ordinance Amended Ord. #2014-12

CITY OF PORTLAND

UNIFIED ZONING &

SUBDIVISION

CONTROL ORDINANCE

ORDINANCE 1980-9 / MAY 1980

AMENDED ORD. 2005-20 / DEC 2005

AMENDED ORD. 2009-8 / MAY 2009

AMENDED ORD. 2013-14 / OCT 2013

AMENDED ORD. 2014-12 / JUNE 2014

Portland Zoning Ordinance Amended Ord. #2014-12

TABLE OF CONTENTS______________________

GENERAL PROVISIONS

1.1 Title 1-1

1.2 Purpose 1-1

1.3 Jurisdiction 1-1

1.4 Interpretation 1-1

1.5 Application 1-1

1.6 Saving Provision 1-1

1.7 Compliance 1-1

1.8 Severability 1-2

1.9 Repealer 1-2

1.10 Amendments 1-2

1.11 Administrative Officer 1-2

DEFINITIONS

2.1 Intent 2-1

2.2 Specific 2-1

ZONING DISTRICTS INTENT, USES & STANDARDS

3.1 Establishment 3-1

3.2 Official Zoning Map 3-2

3.3 Boundaries 3-3

3.4 Subdivisions, Cluster Developments, 3-4

Planned Developments, Condominiums,

and Zero Lot Line Developments

3.5 Historical District 3-5

3.6 Parks & Recreation District 3-6

“PR” Development Standards 3-7

3.7 Agricultural Residential District 3-8

“AR” Development Standards 3-9

3.8 Rural Residential District 3-10

“RR” Development Standards 3-11

3.9 Low Density Residential District 3-12

“R4” Development Standards 3-13

3.10 Medium Density Residential District 3-14

“R8” Development Standards 3-15

3.11 High Density Residential District 3-16

“R10” Development Standards 3-17

3.12 Neighborhood Business District 3-18

“NB” Development Standards 3-19

3.13 Highway Service District 3-20

“HS” Development Standards 3-21

3.14 Central Business District 3-22

“CB” Development Standards 3-23

3.15 Industrial District 3-24

“IND” Development Standards 3-25

3.16 Airport Overlay District 3-26

T-1

Section 1

Section 2

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

TABLE OF CONTENTS____________________

DEVELOPMENT STANDARDS

4.0 Introduction & Application 4-1

4.1 Accessory Uses & Structures 4-2

4.2 Miscellaneous Standards 4-3

4.3 Non-conforming Uses 4-5

4.4 Home Occupation 4-8

4.5 Additional Development Standards In

Highway Service & Central Business 4-11

4.6-1 Buffering Standards 4-12

4.6-2 Screening Standards 4-14

4.7 Landscaping Standards 4-15

4.8 Fences, Hedges and Wall Standards 4-17

4-9 Sight Visibility Standards 4-18

4.10 Entrance and Driveway Standards 4-19

4.11 Parking Standards 4-20

4.12 Industrial Standards 4-23

4.13 Loading Standards 4-27

4.14 Environmental Standards 4-28

4.15 Confined Feeding Standards 4-31

4.16 Small Wind Energy Conversion Systems 4-32

4.17 Wind Power Energy Generation Regulations 4-34

PLANNED DEVELOPMENTS

5.1 Intent 5-1

5.2 Classification 5-1

5.3 Organization of Proposals 5-2

5.4 Filing Procedure 5-2

5.5 Preliminary Development Plan 5-2

5.6 Preliminary Plan Hearing 5-3

5.7 Approval of Final Detailed Plan 5-4

5.8 Covenants and Maintenance 5-5

5.9 Recording 5-6

5.10 Permit 5-6

5.11 Construction 5-6

5.12 Extension, Abandonment, and Expiration 5-6

5.13 Rules of Procedure 5-6

5.14 Limitations of Rezoning 5-6

SITE DEVELOPMENT PLANS

6.1 Authority & Process Outline 6-1

6.2 Application Materials 6-3

6.3 Review Process 6-5

6.4 Written Commitments 6-7

6.5 Appeals 6-7

SUBDIVISION REGULATIONS

7.1 General 7-1

7.2 Administration and Definitions 7-3

7.3 Procedure 7-4

7.4 Surety 7-11

7.5 Principles and Standards of Design 7-13

7.6 Standards for Improvements and Installations 7-16

7.7 Drainage, Erosion, and Sediment Control 7-24

7.8 Commercial and Industrial Subdivisions 7-26

T-2

Section 4

Section 5

Section 7

Section 6

Portland Zoning Ordinance Amended Ord. #2014-12

TABLE OF CONTENTS____________________

SIGN REGULATIONS

8.1 Intent 8-1

8.2 Definitions 8-1

8.3 Permits and Fees 8-5

8.4 Inspection, Removal, and Safety 8-6

8.5 Non-conforming Uses and Signs 8-7

8.6 Prohibited Signs 8-7

8.7 Exemptions 8-8

8.8 Temporary Signs 8-10

8.9 Illumination 8-11

8.10 Mural Standards 8-12

8.11 Sign Standards By District 8-14

8.12 Residential District Standards 8-15

8.13 Neighborhood Business District Standards 8-17

8.14 Central Business District Standards 8-18

8.15 Highway Service District Standards 8-20

8.16 Industrial District Standards 8-22

ADMINISTRATION

9.1 General Administration 9-1

9.2 Notice of Public Hearing 9-2

9.3 Technical Review Committee 9-3

9.4 Advisory Plan Commission 9-6

9.5 Board of Zoning Appeals 9-8

9.6 Common Council Duties & Powers 9-9

BOARD OF ZONING APPEALS

10.1 General Provisions 10-1

10.2 Development Standards Variance 10-2

10.3 Use Variances 10-2

10.4 Special Exceptions 10-3

10.5 Administrative Appeals 10-4

10.6 Approval Expiration & Termination 10-4

10.7 Denied Applications 10-5

PROCESSES & PERMITS

11.1 Petition & Permit Application Types 11-1

11.2 Variance Applications 11-1

11.3 Special Exception Applications 11-2

11.4 Administrative Appeal Applications 11-3

11.5 Zoning Map Amendment Applications 11-4

11.6 Improvement Location Permit Applications 11-7

11.7 Certificates of Occupancy & Use 11-9

ENFORCEMENT AND PENALTIES

12.1 General Provisions 12-1

12.2 Construction Process Violations 12-2

12.3 Immediate Public Risk Violations 12-2

12.4 Violation Procedures 12-3

T-3

Section 8

Section 9

Section 10

Section 11

Section 12

Portland Zoning Ordinance Amended Ord. #2014-12

General

Provisions and

Enforcement

Section 1

Portland Zoning Ordinance Amended Ord. #2014-12

GENERAL PROVISIONS AND ENFORCEMENT

1.1 TITLE

These regulations shall be known and cited as the Unified Zoning & Subdivision

Control Ordinance of Portland, Indiana.

1.2 PURPOSE

This Ordinance is intended to encourage the growth and development of the City in accordance with the

Comprehensive Plan for the City of Portland. The Comprehensive Plan and all amendments thereto are

incorporated herein by reference with copies of the same maintained in the Office’s of the City Clerk-

Treasurer and the Zoning Administrator/Director being open for public inspection during regular business

hours.

1.3 JURISDICTION

This Ordinance shall apply to all lands within the corporate limits and two-mile territorial jurisdiction of the

City of Portland, Indiana, unless otherwise specified.

1.4 INTERPRETATION

The provisions of this Ordinance shall be held as the minimum requirements for the protection of the

health, safety, comfort, morals, convenience, and general welfare of the people at large, and are designed

to encourage the establishment and maintenance of reasonable community standards for the physical

environment.

1.5 APPLICATION

It is not intended by this Ordinance to interfere with, abrogate or amend any existing easements,

covenants, or other agreements between parties, nor is it intended by this Ordinance to repeal, abrogate,

annul, or in any way interfere with any existing provisions of laws or ordinances (other than previous zoning

and subdivision control ordinances), or any rules, regulations, or permits previously adopted or issued

pursuant to law relating to the use of building or premises provided, however, that where this Ordinance

imposes a greater restriction upon the use of buildings or premises than is imposed or required by such

existing provisions of law or by such rules, regulations, agreements, covenants, or permits, the provisions

of this Ordinance shall control; but where private covenants, permits, agreements, rules or regulations

impose a greater restriction than is imposed by this Ordinance, the greater restriction shall control.

1.6 SAVING PROVISION

This Ordinance shall not be construed as abating any action now pending under, or by virtue of, prior

existing zoning and/or subdivision regulations, or as discontinuing, abating, modifying, or altering any

penalty accruing or about to accrue.

1.7 COMPLIANCE

No structure shall be located, erected, constructed, reconstructed, moved, altered, converted, or enlarged;

nor shall any structure or land be used, unless in full compliance with all provisions of this Ordinance and

under the lawful issue of all permits and certificates required by this Ordinance.

Section 1

1-1

Portland Zoning Ordinance Amended Ord. #2014-12

GENERAL PROVISIONS AND ENFORCEMENT

1.8 SEVERABILITY

If any provision of this Ordinance is held unconstitutional or invalid by the courts, the remainder of the

Ordinance shall not be affected.

1.9 REPEALER

This Ordinance repeals all prior zoning and subdivision control ordinances and zoning maps.

1.10 AMENDMENTS

In accordance with IC 36-7-4-602, the legislative body may amend or partially repeal the text of this

Ordinance or they may amend the zoning maps of this Ordinance as follows:

A. The legislative body or the Plan Commission may initiate a proposal to amend or partially repeal

the text according to the procedure of IC 36-7-4-602(b) and IC 36-7-4-607 and according to the

Commission Rules and Procedures.

B. The legislative body, Plan Commission, or at least fifty percent of the affected property owners may

initiate a petition to change the zoning maps according to the procedure of IC 36-7-4-602(c) and IC

36-7-4-608 and according to the Commission rules.

C. In its review of the text and zoning map amendments, the legislative body and the Plan

Commission shall pay reasonable regard to:

1. The most recently adopted Comprehensive Plan.

2. Current conditions and the character of structure and uses in each district.

3. The most desirable use for which the land in each district is adapted.

4. The conservation of property values throughout the jurisdiction.

5. Responsible development and growth.

1.11 ADMINISTRATIVE OFFICER

The Portland Plan Commission's appointed Zoning Administrator/Director, or his/her designee(s), shall

have the principal responsibility for implementation and enforcement of this Ordinance.

Section 1

1-2

Portland Zoning Ordinance Amended Ord. #2014-12

Definitions

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

DEFINITIONS__________________

2.1 INTENT

The definitions contained in this section shall be observed and applied in the interpretation of all sections of

this Ordinance, except where the context clearly indicates otherwise. Furthermore, words used in the

present tense, singular number, and masculine gender, shall also mean the future, plural, and feminine.

2.2 SPECIFIC

The following words and terms appearing in this Ordinance shall have the following meanings:

Abandonment

The relinquishment of property or a cessation of the use of the property for a continuous period of one year

by the owner without the intention of transferring rights to the property to another owner nor of resuming the

use of the property.

Accessory Building, Structure, or Use (Section 4.1)

A building, structure, or use which:

A. is subordinate to and serves a principal building, structure, or use in area, extent, or purpose; and

B. contributes to the comfort, convenience, or necessity of occupants of the principal buildings,

structures, or principal uses served; and

C. does not alter or change the character of the premises; and

D. is located on the same zoning lot as the principal building, structure, or use; and

E. conforms to the setback, height, bulk, lot coverage, and other requirements of this Ordinance

unless otherwise provided for by this Ordinance; and

F. may not be constructed prior to the time of construction of the principal building or structure; and

G. is not designed for human occupancy as a dwelling or commercial use.

Administrator See “Zoning Administrator/Director”

Adult Bookstore

An establishment having as a majority of its stock in trade or its dollar volume in trade, books, magazines,

periodicals or other printed matter, or photographs, films, motion pictures, DVD’s, video cassettes, slides,

tapes, records, or other forms of visual or audio representations which are distinguished or characterized

by their emphasis on matter depicting, describing, or relating to sexual activities or sexual anatomical

areas.

Adult Entertainment Business

An adult bookstore, adult motion picture theater, adult cabaret, or adult live entertainment arcade, or like

uses.

Adult Day Care Facility

A facility for the supervised care of older adults, providing activities such as meals and socialization one or

more days a week during specified daytime hours.

Advisory Plan Commission

A plan commission serving a single local government jurisdiction established as defined under the Indiana

Code, 36-7-1-2 (1983) as amended. The Portland Plan Commission is an Advisory Plan Commission.

Aesthetics

The pleasantness of the total environment related to the perceptual aspects of the surroundings including

their appearance to the eye and the comfort and enjoyment offered to the other senses.

2-1

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

DEFINITIONS_________________

Agriculture

The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, agriculture,

horticulture, floriculture, viticulture, animal and poultry husbandry, and the necessary accessory uses for

packing, treating, or storing the produce; provided, however, that the operation of any accessory uses shall

be secondary to that of the normal agricultural activities. “Agriculture” shall not include feed lots, stock

yards, or the commercial feeding of garbage or offal to swine or other animals.

Agriculture Residential Zoning District

Refers to a “AR” District

Aisle See “Maneuvering Space.”

Alley

A public right-of-way, other than a street, road, crosswalk, or easement, that provides secondary access to

abutting properties.

Allowable Livestock Operation

A livestock operation located outside the Corporate Limits of the City of Portland but within the two (2) mile

jurisdictional area on property zoned Agricultural Residential (AR) with no more than the following number

of livestock per acre based on the tract(s) of land upon which the livestock and/or livestock buildings are

located. Computable acres shall be defined for the purposes of this section as undeveloped tillable land up

to fifty (50) acres:

1. 10 finishing hogs; or 4 sows; or 25 nursery pigs (under 40 lbs.); or

2. 1 cow; or 2 feeder cattle; or 2 heifers (replacement); or 5 veal calves; or

3. 100 turkeys; or 150 laying hens; or 150 pullets; or 150 broilers; or

4. 5 sheep: or 5 goats; or

5. 4 horses;

Limits for other livestock not enumerated herein shall be determined by the Zoning Administrator/Director

based upon type or size of livestock.

Animal Hospital/Clinic See “Veterinary Animal Hospital or Animal Clinic.”

Animal Shelter See “Kennel.”

Annexation

The process by which a municipality may add territory to itself, as specified in IC 36-4-3-1 to 36-4-3-21, as

amended.

Apartment House

A single structure containing apartments that are accessed only by public streets and does not include any

recreational facilities or similar accessory uses..

Apartment Building/Multi-Family Dwelling

A multi-family housing structure designed and constructed to accommodate three (3) or more dwelling units

(apartments), with the number of families in residence not exceeding the number of dwelling units provided.

Applicant

The owner, owners, or legal representative of real estate who makes application to the Plan Commission

and/or Board of Zoning Appeals for action by said commission or board affecting the real estate owned

thereby.

Arterial Street See "Street, Arterial"

2-2

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

DEFINITIONS__________________

Attached Building

Any building that is structurally connected to another building by a foundation, wall, or roof line. Carports,

garages, porch awnings and the like shall be considered attached buildings and abide by all regulations

pertaining to primary buildings.

Auto Repair, Major

Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service,

including body, frame, or fender straightening or repair; and overall painting of vehicles.

Auto Repair, Minor

Incidental repairs, replacement of parts, and motor service to automobiles but excluding any operation

specified under “Automobile Repair, Major.”

Automobile Service Station

Any building or premises used for the dispensing, sale, or offering for sale at retail to the public, motor

vehicle fuels stored only in underground tanks and located wholly within the lot lines.

Awning

A roof-like shelter of canvas or other material that projects from the wall of a building, and overhangs the

public way in order to provide protection.

Barrier Curb See “Curb, Barrier.”

Bed and Breakfast Facility

An owner occupied or owner employee occupied residence containing no more than six (6) guest rooms for

hire, for lodging by pre-arrangement for periods not to exceed three (3) consecutive weeks and providing

for occasional meals daily (usually breakfast) and not a hotel, boarding, lodging house or motel.

Berm

A man-made, formed, earth mound of definite height and width used for landscaping and obscuring

purposes, the intent of which is to provide a transition between uses of differing intensity.

Bicycle-Compatible Roadway

A road designed to accommodate the shared use of the roadway by bicycles and motor vehicles.

Bicycle Lane

A lane at the edge of a roadway reserved and marked for the exclusive use of bicycles.

Bicycle Path

A pathway designed to be used by bicyclists.

Billboard See “Sign, Outdoor Advertising.”

Block

Property abutting on one side of a street and lying between the two (2) nearest intersecting or intercepting

streets, intersecting railroad, intersecting waterway, or the end of a dead end street.

Blow-Off

An outfall in a pipe through which water or sediment can be discharged from a lower sewer.

Board

The City of Portland Advisory Board of Zoning Appeals or any division thereof, as the case may be.

2-3

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

DEFINITIONS

Boarding House

A building, not available to transients, in which meals are regularly provided for compensation for at least

three (3) but not more than thirty (30) persons.

Bond

Any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an

amount and form satisfactory to the Plan Commission. All bonds shall be approved by the Commission

wherever a bond is required by these regulations.

Buffer Landscaping

Any trees, shrubs, walls, fences, berms, space, or related landscaping features required under this

Ordinance on private lots, and privately maintained, for buffering lots from adjacent properties or public

rights-of-way for the purpose of increasing privacy and aesthetics.

Buffer yards

An area adjacent to front, side and rear property lines, measured perpendicularly from adjacent property

lines and/or right-of-way lines, intended to provide attractive spaces to reduce the impacts of proposed

uses on adjacent property or natural features and to screen incompatible uses from each other. Buffers

also help to maintain existing trees or natural vegetation, to block or reduce noise, glare or other emissions

and to maintain privacy.

Building

A structure having a roof supported by columns or walls, for the shelter, support, or enclosure of persons,

property, or animals; and when separated by division walls from the ground up and without openings, each

portion of such building shall be deemed as a separate building.

Building Area

The horizontal area of the buildings on a lot, measured from the outside exterior walls, excluding open

areas or terraces, unenclosed porches or decks, and architectural features that project no more than two

(2) feet.

Building Code

The City ordinance establishing and controlling the standards for constructing mechanical equipment, and

all forms of permanent structures and related matters within the City. Also referred to herein as the

Portland Building Code.

Building, Detached

A building having no structural connection with another building.

Building Footprint

The profile of a building or structure as viewed from above the roof looking downward toward ground level.

Building Line

The line that establishes the minimum permitted distance on a lot between the building and property lines

or right-of-way. (See Figure 2.1, page 2-30)

Building, Principal

A building in which is conducted the main or principal use of the lot on which said building is situated.

Where a substantial part of an accessory building is attached to the principal building in a substantial

manner, as by a roof, such accessory building shall be counted as a part of the principal building.

Burn Barrel

Any container used for the outdoor incineration of waste material, yard debris, etc.

2-4

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

DEFINITIONS__________________

Business

The engaging in the purchase, sale, barter, or exchange of goods, wares, merchandise, or services, or the

maintenance or operation of offices, recreational, or amusement enterprises.

Business District

Refers to NB, CB, HS, and PD-B Districts.

BZA

The Advisory Board of Zoning Appeals of the City Portland, Indiana.

Campground

Any site, lot, field, or tract of land designed with facilities for short term occupancy by recreational vehicles

and other camping equipment but not including mobile homes.

Capital Improvement Plan See “Plan, Capital Improvement.”

Capped System

A completed water supply and/or sewage system put in place for future use (contingent upon expansion),

rather than to meet immediate development needs.

Cartway

The actual road surface area from curbline to curbline, which may include travel lanes, parking lanes, and

deceleration and acceleration lanes. Where there are no curbs, the cartway is that portion between the

edges of the paved, or hard surface, width.

Car Wash

Any permanent structure or facility used for the principal purpose of washing, cleaning, or polishing the

exterior and/or interior of motor vehicles for a fee.

Cemetery

Includes any crematory, mausoleum, or mortuary operated in conjunction with and on the same tract as the

cemetery.

Central Sewerage System

The community sewer system including collection and treatment facilities owned and maintained by the

City of Portland.

Central Water System

The community water supply system including existing and new wells and/or surface water sources and

intakes, treatment facilities, and distribution lines and includes such of the above facilities established by

the developer to serve a new subdivision or commercial/industrial development.

Certificate of Occupancy and Use

A certificate stating that the occupancy and use of a building or structure complies with the provisions of

this Ordinance and the Portland Building Code.

Channel

The bed and banks of a natural stream which convey the constant or intermittent flow of the stream.

Channelization

The straightening and deepening of channels and/or the surfacing thereof to permit water to move rapidly

and/or directly.

2-5

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

DEFINITIONS

Child Care Facility / Day Care Center

Any institution operated for the care of children, licensed pursuant to Indiana Code IC 12-17.2-4, et seq.,

and as defined by IC 12-7-2-28.4.

Child Care – In Home / Residential

Home-based child care provided for a portion of the day in a private residence. The residence must be

owned and inhabited by the family/individual providing care.

City

The City of Portland, Indiana.

Clinic

An establishment in which human patients are admitted for medical or dental study or treatment and in

which the services of at least two (2) physicians or dentists are provided.

Club

A building or portion thereof or premises owned or operated by a person for a social, literacy, political,

educational or recreational purpose primarily for the exclusive use of members and their guests, but not

including any organization, group or association, the principal activity of which is to render a service usually

and ordinarily carried on as a business.

Cluster Development See “Planned Development.”

Collector Street See “Street, Collector.”

Commission

The City of Portland Advisory Plan Commission.

Common Open Space See “Open Space, Common.”

Component Home See “Manufactured Home.”

Composting

A controlled process of degrading organic material by microorganisms.

Composting Facility

Any location, structure, or facility where composting takes place.

Comprehensive Plan See “Plan, Comprehensive.”

Conceptual Plan See “Plan, Conceptual.”

Conditional Use

Special provisions or requirements applicable to specific uses in certain zoning districts. If specified

conditions are met as determined in this Ordinance, the Plan Commission, the BZA or by the Zoning

Administrator/Director, no further approval is required

Condominium

Real estate lawfully subject to IC 32-25, (Condominium), by the recordation of condominium instruments, in

which undivided interests in the common areas and facilities are vested in the condominium unit owners.

Confined Feeding Operation

The raising of animals for food, fur or recreation in lots, pens, ponds, sheds or buildings, where they are

confined, fed and maintained for at least forty-five (45) days during any year, and where there is no ground

cover or vegetation present over at least half of the animal’s confinement area. Livestock markets and sale

barns are excluded. (See Section 4.15).

2-6

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

DEFINITIONS__________________

Conforming Manufactured Home

Pursuant to Public Law 312, Acts of 1981 (IC 36-7-4-1106), a residence constructed after January 1, 1981,

that exceeds nine hundred fifty (950) square feet of occupied space and which is installed as a permanent

dwelling unit which may be placed or constructed providing it complies with setback, side and rear yard,

parking space, minimum square footage requirements, and other specific requirements of this Ordinance

and the district in which it is located, and the under floor space requirements of the Portland Unified Zoning

and Subdivision Control Ordinance.

Construction Plan See “Plan, Conceptual.”

Contingent Use

A use that is essential or desirable to the public convenience or welfare but is not necessarily a permitted

use.

Convenience Store

Any commercial location, facility, or structure where motor vehicle fuel and groceries (including food, drink,

and household items) are sold on the same premises.

Conventional Development

Development other than planned development.

Correctional Facility

A building or series of buildings used for the purpose of confining criminals.

Council

The Common Council of the City of Portland, Indiana.

County

Jay County, Indiana.

Covenants

Private and legal restrictions of various kinds on the usage of lots within a subdivision which are proposed

by the subdivider and, in the case of public health, safety and welfare, by the Commission, that are

recorded with the plat and deed. Covenants can also be placed on commercial and industrial

developments.

Cul-De-Sac

A short street having one (1) end open to traffic and being permanently terminated by a vehicular turn-

around.

Culvert

A structure designed to convey a watercourse not incorporated in a closed drainage system under a road

or pedestrian walk.

Curb

A vertical or sloping edge of a roadway.

Curb, Barrier

A steep-faced curb intended to prevent encroachments.

Curb, Mountable

A low curb with a flat slope designed to be crossed easily without discomfort.

Day Care Center See “Child Care Facility”

2-7

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

DEFINITIONS

Dedication

The setting apart of land or interests in land for use by the public by ordinance, resolution, or entry in the

official minutes as by the recording of a plat.

Density

The number of buildings, offices, or housing units on a particular area of land.

Density, High

Those residential districts in which the density is not in excess of ten (10) dwelling units per acre.

Density, Low

Those residential districts in which the density is equal to or less than four (4) dwelling units per acre.

Density, Medium

Those residential districts in which the density is less than or equal to eight (8) dwelling units per acre, but

not less than five (5) dwelling units per acre.

Design Flood See “Regulatory Flood.”

Design Standards

Standards that set forth specific improvement requirements, including but not limited to Standards for

Acceptance of Municipal Improvements as adopted by City Ordinance 1985-12.

Design Standards Variance See “Variance, Design Standards/Development Regulations.”

Detached Building

A building that has no structural connection with the principal building.

Detention Basin

A man-made or natural water collector facility designed to collect surface and subsurface water in order to

impede its flow and to release the same, gradually, at a rate not greater than that prior to the development

of the property, into natural or man-made outlets.

Developer

The owner or legal representative of land proposed to be subdivided or commercially/industrially utilized.

Consent for making applications for development approval shall be required from the legal owner of the

premises.

Design Review Board A group of citizens appointed by the Mayor and approved by the City Council for

the purpose of protecting visual character and community aesthetics through the recommendation and/or

establishment of published design guidelines.

Development Plan See “Plan, Development.”

Development Regulation

Zoning, subdivision, site plan, official map, flood plain regulation, or other governmental regulation of the

use and development of land.

Development Regulation Standards See “Design Standards.”

Development Regulation Variance See “Variance, Design Standards/Development Regulations.”

2-8

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

DEFINITIONS

Digital Dish System

A small dish of approximately one (1) to two (2) feet (.3-.6m) in diameter installed on or adjacent to a

building for the purpose of receiving audio/video signals transmitted by a private telecommunications

company.

District

A section of the City of Portland or the two mile area for which uniform zoning regulations governing use,

height, area, size, intensity of use of buildings and land, and open spaces about buildings, as established

by this Ordinance.

Divided Street See “Street, Divided.”

Drainage

The removal of surface water or groundwater from land by drains, grading, or other means.

Drainage Facility

Any component of the drainage system.

Drainage System

The system through which water flows from the land, including all watercourses, water bodies, and

wetlands.

Drive-In

An establishment selling foods, desserts, or beverages to consumers, the establishment being designed,

intended or used for the consumption of such items on the premises outside of the building in which they

were prepared.

Drives, Private See “Street, Private.”

Duplex

Any structure which contains only two (2) dwelling units; a two-family dwelling.

Dwelling

A building or structure or portion thereof, conforming to all requirements applicable to the residential use

districts and Portland Building Code, used exclusively for residential occupancy, including single-family

dwelling units, two-family dwelling units, and multi-family dwelling units, but excluding hotels, boarding

houses, and lodging houses.

Dwelling, Multi-Family See “Apartment Building/Multi-Family Dwelling”

Dwelling, Single-Family

A detached residential dwelling unit designed for and occupied by one (1) family.

Dwelling, Two-Family

A detached residential building containing two (2) dwelling units designed for occupancy by not more than

two (2) families. (See also “Duplex.”)

Dwelling Unit

Any structure or portion thereof designed for or used for residential purposes as a self-sufficient or

individual unit by one (1) family or other social association of persons and having permanently installed

cooking and sanitary facilities.

Easement

A grant by a property owner to specific persons, the general public, corporations, utilities, or others, for the

purpose of providing services or access to the property.

2-9

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

DEFINITIONS

Environmental Constraints

Features, natural resources, or land characteristics that are sensitive to improvements and may require

conservation measures or the application of creative development techniques to prevent degradation of the

environment, or may require limited development, or in certain instances may preclude development.

Erosion

The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water,

wind, ice or gravity.

Escrow

A deed, a bond, money, or a piece of property delivered to a third person to be delivered by him to the

grantee only upon fulfillment of a condition.

Essential Services

The phrase “Essential Services” means the erection, construction, alteration or maintenance by public

utilities or municipal departments or commissions of underground, surface, or overhead electrical, gas,

steam or water transmission or distribution systems, collection, communication, supply or disposal systems,

including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, police call boxes, traffic

signals, hydrants, towers, poles and other similar equipment and accessories in connection therewith, but

not including buildings reasonably necessary for the furnishing of adequate service by such public utilities

or municipal departments or commissions or including electrical substations. No permit is required for

essential services.

Expressway/Freeway

Any roadway that operates at a high service level, consists of limited access, is divided, carries region-wide

traffic and is generally classified as part of an interstate system.

Family

An individual, or two (2) or more persons related by blood, marriage, or adoption, or a group of not more

than three (3) persons, not related by blood, marriage, or adoption, living together as a single

housekeeping unit in a dwelling unit.

Farm

An area used for agricultural operations, forestry, the operating of a tree or plant nursery, or the production

of livestock and poultry.

Fence

A structure or barrier, consisting of living or not-living material, designed and constructed to prevent escape

or intrusion, mark a boundary, or for enclosures and/or screening. Such a structure or barrier being made

of posts and wire or boards. A hedge serving the same purposes as a fence shall be considered a fence.

Fee Schedule See “Official Fee Schedule.”

Filling Station

Any establishment supplying and selling motor vehicle fuel or oil direct to motor vehicles.

Final Approval

The official action of the Plan Commission taken on a preliminarily approved major subdivision or site plan,

after all conditions, engineering plans, and other requirements have been completed or fulfilled and the

required improvements have been installed, or guarantees properly posted for their completion, or approval

conditioned upon the posting of such guarantee (generally referred to as secondary approval).

Final Plat

The final map of all or a portion of a development which is presented for final approval (generally referred

to as secondary plat.)

2-10

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

DEFINITIONS

Flood Control

The prevention of floods, the control, regulation, diversion or confinement of flood water or flood flow, and

the protection therefrom, according to sound and accepted engineering practice, to minimize the extent of

floods, and the death, damage, and destruction caused thereby.

Flood Plain

The relatively flat area or low land adjoining the channel of a river or stream which has been or may be

covered by flood water. The flood plain includes the channel, floodway, and floodway fringe. Flood plain

boundaries are to be determined by using the Floodway- Flood Boundary Maps of the Federal Insurance

Administration.

Flood Protection Grade

The elevation of the lowest point around the perimeter of a building at which flood waters may enter the

interior of the building.

Floodway See “Regulatory Floodway.”

Floor Area

The horizontal area of all floors of buildings or structures.

Footprint See “Building Footprint.”

Foundation

The supporting member of a wall or structure.

Freeway See "Expressway/Freeway"

Front Line

With respect to a building, the foundation line that is nearest the front lot line.

Front Lot Line

For an interior or through lot, the line marking the boundary between the lot and the abutting street right-of-

way or a lake or watercourse; and for a corner lot, the line marking the boundary between the lot and the

shorter of the two abutting street right-of-way segments; except as deed restrictions specify otherwise.

(See Figure 2.1, page 2-30)

Front Yard

The horizontal space between the nearest foundation of a building to the Front Lot Line, extending to the

side lines of the lot, and measured as the shortest distance from that foundation to the Front Lot Line,

unless deed restrictions specify otherwise. (See Figure 2.1, page 2-30)

Frontage

All property of a lot fronting on a street right-of-way, as measured between side lot lines.

Garage, Private

A detached accessory building or an accessory portion of the principal building, including a carport which is

intended for and used for storing the private passenger vehicles of the family or families resident upon the

premises, and in which no business, service or industry connected directly or indirectly with the automotive

vehicles is carried on, provided that not more than one-half of the space may be rented for the private

passenger vehicles of persons not resident on the premises, except that all the space in a garage of one or

two-car capacity may be so rented.

Garage, Public

Any building, except those defined herein as a private garage, used for the storage or care of motor

vehicles, or where such vehicles are equipped for operation, repaired, or kept for remuneration, hire or

sale.

2-11

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

DEFINITIONS__________________

General Development Plan See “ Plan, General Development.”

Governing Body See “Council.”

Grade

The slope of a street, or other public way, specified in percentage (%) terms.

Greenhouse, Commercial

Any location, facility, or structure where plants are grown indoors for sale.

Greenhouse, Residential

Any accessory use, structure, or addition to a residential property where plants are grown indoors for

hobby, personal use, or personal consumption. Also, any accessory use, structure, or addition to a

residential property being primarily constructed of glass or other translucent materials.

Ground Cover

A planting of low-growing plants or sod that in time forms a dense mat covering the area, preventing both

soil from being blown or washed away and the growth of unwanted plants.

Ground Floor Area

See Building Area

Group Home

Refer to facilities listed under Indiana Code, Title 12, Human Services

Gutter

A shallow channel usually set along a curb or the pavement edge of a road for purposes of catching and

carrying off runoff water.

Hardship

A difficulty with regard to one’s ability to improve land stemming from the application of the development

standards of this Ordinance, which may or may not be subject to relief by means of variance. In and of

themselves, self-imposed situations and claims based on a perceived reduction of or restriction on

economic gain shall not be considered hardships. Self-imposed situations include: the purchase of land

with actual or constructive knowledge that, for reasons other than physical characteristics of the property,

the development standards herein will inhibit the desired improvement; any improvement initiated in

violation of the standards of this Ordinance; any result of land division requiring variance from the

development standards of this Ordinance in order to render that site buildable.

Height of Building

The vertical distance measured from the highest ground level at the foundation to the highest point of the

roof, or any projection thereof.

High Density See “Density, High.”

Historic District

An area related by historical events or themes, by visual continuity or character, or by some other special

feature that helps give it a unique historical identity, which may be designated as such by local, state, or

federal government. (See Section 3.5)

Historic Site

A structure or place of historical significance, which may be designated as such by local, state, or federal

government.

2-12

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

DEFINITIONS__________________

Home Occupation

A home occupation is a business conducted in a residential dwelling unit that is incidental and subordinate

to the primary residential use. (See Section 4.4)

Hotel

A building in which lodging or board and lodging are provided and offered to the public for compensation

and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised

by a person in charge at all hours. As such, it is open to the public. Compensation is usually assessed on

a day-to-day basis.

Hospital

An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment,

or care for three (3) or more non-related individuals suffering from illness, disease, injury, deformity, or

other abnormal physical conditions. The term “hospital” as used in this Ordinance does not apply to

institutions operating primarily for treatment of insane persons, drug addicts, alcoholics, and other types of

cases necessitating restraint of patients, and the term “hospital” shall not include convalescent, nursing,

shelter, or boarding homes.

Impervious Surface

A mainly artificial surface that has been compacted or covered with a layer of material so that it is

resistant to infiltration by water, such as concrete, asphalt, brick, paving block.

Impoundment

A body of water, such as a pond, confined by a dam, dike, floodgate, or other barrier.

Improvement

Any man-made, immovable item which becomes part of, is placed upon, or is affixed to, real estate;

facilities which aid in land development.

Improvement Location Permit

A permit signed by the Zoning Administrator/Director stating that a proposed improvement complies with

the provisions of this Ordinance and such other ordinances as may be applicable.

Incinerator

A device, structure, or facility designed to reduce waste volume by combustion, consisting of refuse

handling and storage facilities, furnaces, combustion chambers, subsidence chambers, residue handling

and removal facilities, and chimneys.

Industrial District

Refers to the I and PD-I Districts.

Integrated Center

A building containing a number of individual, unrelated and separately operated uses which share common

site facilities and services such as driveway entrances and exits, parking areas, truck loading,

maintenance, sewer and water utilities, or similar common facilities and services; or one or more buildings

containing individual, unrelated and separately operated uses, occupying a site under one ownership of

management for leave, and utilizing one or a combination of the aforementioned common services.

Interstate See “Expressway.”

Island

With respect to street design, a raised area, usually curbed, placed to guide traffic and separate lanes, or

uses for landscaping, signing, or lighting.

2-13

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

DEFINITIONS

Junk

Old, cast off, or discarded article or material which is ready for destruction or has been collected or stored

for salvage or conversion to some use. Any article of material which is composed of, but not limited to,

copper, brass, rags, batteries, paper, trash, rubber, stone, wrecked or dismantled automobiles, trucks,

trailers, farm machinery or other vehicles or equipment, or parts thereof, iron, steel and other old or scrap

ferrous or non-ferrous metal.

Junk Yard / Salvage Yard

A structure or place, usually outdoors, where waste or discarded used property other than putrefying matter

is accumulated or stored and is or may be salvaged for re-use or resale, including, but not limited to, one

(1) or more unlicensed or inoperable motor vehicle or farm machinery or equipment of any kind.

Jurisdiction

The territory under the regulatory control of the Portland Plan Commission, including all lands inside and

those within two (2) miles of the corporate limits of the City of Portland as described on the map entitled

Jurisdictional Area of Portland, Indiana.

Kennel

Any lot on which four (4) or more dogs, or small animals at least four (4) months of age, are kept.

Landscaping

The improvement of a lot with grass, shrubs, trees, and other vegetation and/or ornamental objects.

Landscaping may include pedestrian walks, flowerbeds, berms, fountains and other similar natural and

manmade objects designed and arranged to produce an aesthetically pleasing effect.

Light Industrial Use

Manufacturing, processing, heavy repairing, dismantling, or storage, in which all operations, other than

transportation, are performed entirely within enclosed buildings and for which all loading and unloading

facilities are enclosed.

Limited Access Highway

A highway to which abutting properties are denied access.

Loading and Unloading Berths

The off-street area required for the receipt or distribution by vehicles of material or merchandise, which in

this Ordinance is held to be, at minimum, a twelve (12) foot by thirty (30) foot loading space with a fourteen

(14) foot height clearance, paved with a hard surface.

Local Street See “Street, Local.”

Lodging House

A building, not available to transients, in which lodgings are regularly provided for compensation for at least

three (3) but not more than thirty (30) persons.

Lot

A parcel of land occupied or to be occupied by one (1) or more buildings and uses including the open

spaces required under this Ordinance. A lot may be land so recorded on official records or it may include

parts or a combination of such lots when adjacent to one another, provided such ground is used for only

one (1) principle use, or may be a parcel of land described by metes and bounds.

Lot, Corner

A lot situated at the intersection of two (2) streets or which fronts a street on two (2) or more sides. (See

Figure 2.1, page 2-30)

2-14

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

DEFINITIONS__________________

Lot Coverage

The area of a lot occupied by the principal building and any accessory buildings.

Lot Depth

The horizontal distance between the front and rear lot lines.

Lot, Interior

A lot other than a corner lot or through lot. (See Figure 2.1, page 2-30)

Lot Line, Front

In the case of an interior lot, a line separating the lot from the street or place; and in the case of a corner

lot, a line separating the lot from each street or place. (See Figure 2.1, page 2-30)

Lot Line, Rear

A lot line which is opposite and most distant from the front lot line, and in case of an irregular or triangular-

shaped lot, a line ten (10) feet in length within the lot, parallel to and at a maximum distance from the front

lot line. (See Figure 2.1, page 2-30)

Lot Line, Side

Any lot boundary line not a front lot line or a rear lot line. (See Figure 2.1, page 2-30)

Lot, Through

A lot fronting on two (2) parallel or approximately parallel streets and includes lots fronting on both a street

and a watercourse or lake.

Lot Width

The distance between the side lot lines as measured on the building line.

Low Density See “Density, Low.”

Main

In any system of continuous piping, the principal artery of the system to which branches may be connected.

Maintenance Guarantee

Any security which may be required and accepted by a governmental agency to ensure that necessary

improvements will function as required for a specific period of time.

Maneuvering Space

An open space in a parking area, which is immediately adjacent to a parking space. Is used for and/or is

necessary for turning, backing or driving forward a motor vehicle into such parking space, but not used for

the parking of storage on motor vehicles.

Manufactured Home

A dwelling unit designed and constructed to the “National Manufactured Housing Construction and Safety

Standards Act of 1974” as amended and published by the United States Department of Housing and Urban

Development and having the HUD Manufactured Home Label attached to the unit.

Marker (Survey)

A stake, pipe, rode, nail, or any other object which is not intended to be a permanent point for record

purposes.

Master Plan See “Plan, Comprehensive.”

Median

That portion of a divided highway separating lanes of traffic proceeding in opposite directions.

2-15

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

DEFINITIONS

Medium Density See “Density, Medium.”

Mobile Commercial Structure

A mobile structure consisting to two (2) or more single-story units.

Mobile Home

A factory-fabricated building built on a chassis and so constructed as to permit its being towed upon public

thoroughfares and designed to be used for year-round living when connected to the required utilities. The

term "manufactured home: is defined as a dwelling unit built in a factory and bearing a seal of compliance

with Federal Manufactured Housing Construction and Safety Standards of Indiana Public Law 360, Acts of

1971, as amended, which is of at least 600 square.

Mobile Home Parks

Any site, lot, field, or tract of land under single ownership, or ownership of two or more persons upon which

two or more mobile homes to be used for human habitation are parked, either free of charge or for revenue

purposes, and shall include any street used or intended for use as part of the facilities of such mobile home

park. A mobile home park does not include a mobile home sales area on which unoccupied mobile homes

are parked for inspection or sale.

Mobile Home Park Street

A public or private way other than an alley which affords a primary means of access to abutting property

within a mobile home park.

Mobile Home Subdivision

Any site, lot, field, or tract of land under single ownership, or ownership of two or more persons, which is to

be divided into smaller sites, lots, fields, or tracts of land, which smaller sites, lots, fields, or tracts of land

are to be sold for use by the purchaser to park such purchaser’s mobile homes.

Mobile Residential Structure

A mobile structure consisting of one (1) or more units, additions, or components erected or installed that

are not preempted by the HUD “National Manufactured Housing Construction and Safety Standards Act of

1974”.

Mobile Structure

Means any part of a fabricated unit that is designed to be towed on its own chassis and connected to

utilities for year round occupancy or used as a Class 1 Structure, a Class 2 Structure, or another structure,

as defined by the Indiana Building Code, as amended. The term includes two or more components that

can be retracted for towing purposes and subsequently expanded for additional capacity, or two or more

units that are separately towable but designed to be joined into one integral unit. Whenever any mobile

system is placed on a permanent foundation, the mobile system hall be considered an industrialized

building system.

Mobile Transitory Structure

A mobile structure consisting of one (1) single-story unit certified under IC 22-15-4-2, with the Indiana

Mobile Unit Insignia attached to the unit.

Modular Commercial Structure

A modular structure of one (1) or more units or enclosed panels to be used or occupied as a Class 1

structure or an accessory structure thereto, based upon the number of stories and a specific completed

structure configuration.

Modular Residential Structure

A modular structure of one or more units or enclosed panels to be used or occupied as a one or two family

dwelling (Class 2 Structure, as defined by the Indiana Building Code, as amended) or an accessory

structure thereto, based upon the number of stories, not to exceed three, and a specific completed

structure configuration.

2-16

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

DEFINITIONS

Modular Structure

An industrialized building system other than a mobile structure intended for placement upon a permanent

foundation.

Monument (Survey)

A permanent physical structure which marks the location of a corner or other survey point.

Motel

An establishment consisting of a group of attached or detached living or sleeping accommodations with

bathroom and closet space, located on a single zoning lot, and designed for use by transient automobile

tourists. A motel furnishes customary hotel services such as maid service and laundering of linen,

telephone, secretarial, or desk service, and the use and upkeep of furniture.

Motor Vehicle

Any machine propelled by power other than human power to travel along the ground or other surface by

the use of wheels, treads, runners, slides or any other method of propelling along any surface and transport

persons or property or pull machinery, trailer or other device, and shall include but not necessarily be

limited to a motor vehicle, automobile, motorcycle, truck, trailer, semi-trailer, truck tractor, tractor, bus,

school bus, recreational vehicle, boat or other vehicle intended to be operated upon water and construction

vehicles.

Mountable Curb See “Curb, Mountable.”

Moving Lane

Any traffic lane where traffic movement is the primary if not sole function.

Mulch

A layer of wood chips, dry leaves, straw, hay, plastic, or other materials placed on the surface of the soil

around plants to retain moisture, prevent weeds from growing, hold the soil in place, aid in plant growth, or

improve the general aesthetic quality.

Mural

A non-commercial message, picture, scene, or diagram exhibited on the outside wall of a building or

structure through application of paint, canvas, tile, panels or similar materials such that the wall becomes

the background surface or platform for the mural. (See Section 8.10)

Non-Conforming Building

A building, structure, or portion thereof, which was designed, erected, or structurally altered such that it

does not conform to the regulations of the district in which it is located.

Non-Conforming Use

A use which does not conform with the use regulations of the district in which it is located.

Nuisance

The use of land or behavior that brings harm or substantial annoyance to adjacent property owners or the

public in general.

Nursing Home

A private home for the care of the aged or infirm, or any other person in need of nursing care and which

does not contain equipment for surgical care or for treatment of disease or injury, and is not primarily

designed for mental patients or alcoholics.

Official Fee Schedule

Schedule of fees established by City Council and maintained in the Clerk-Treasurer’s office and the

Building and Planning Department, which specifies all current permit fees, rates, penalties, etc.

2-17

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

DEFINITIONS__________________

Off-Site

Located outside the lot lines of the lot in question but within the property (of which the lot is a part) that is

the subject of a development application, or in a contiguous portion of a street or right-of-way.

Off-Site Improvements

Any premises not located within the area of the property to be subdivided, whether or not in the same

ownership of the applicant for subdivision approval, upon which is located improvements required by or

related to the property to be subdivided.

Off-Street Parking Space See “Parking, Off-Street.”

Off-Tract

Not located on the property that is the subject of a development application nor on a contiguous portion of a

street or right-of-way.

On-Site

Located on the lot in question.

On-Street Parking Space See “Parking, On-Street.”

On-Tract

Located on the property that is the subject of a development application or on a contiguous portion of a

street right-of-way.

Open Space, Common

Land within or related to a development, not individually owned or dedicated for public use, which is

designed and intended for the common use or enjoyment of the residents of the development. It may

include complementary structures and improvements.

Open Space, Public

An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of

education, state or county agency, or other public body for recreational or conservational uses.

Outdoor Advertising See “Sign, Outdoor Advertising.”

Outdoor Café

Any portion of food establishment or eating or drinking place located on a public sidewalk or public open

space that provides waiter or waitress service and is unenclosed.

Outdoor Sales See “Sales ...”

Outdoor Storage See “Storage, Outdoor.”

Owner

Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or

recorded in the official records of the state, county or municipality as holding title to the property; or

otherwise having control of the property, including the guardian of the estate of any such person, and the

executor or administrator of the estate of such person if ordered to take possession of real property by a

court.

PUZSCO

The Portland Unified Zoning and Subdivision Control Ordinance.

2-18

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

DEFINITIONS__________________

Parcel

A piece of land having a legal description formally set forth in a conveyance together with a description of

its location, shape, and size, in order to make possible its easy identification.

Parking, Off-Street

A parking space provided in a parking lot, parking structure, or private driveway.

Parking, On-Street

A parking space that is located on a dedicated street right-of-way.

Parking Area, Public

An open area, other than a street or alley, designed for use or used for the temporary parking of more than

four motor vehicles when available for public use, whether free or for compensation or as an

accommodation for clients or customers, and paved with a hard surface.

Parking Lane

A lane generally located on the sides of streets, designed to provide on-street parking for vehicular traffic.

Parking Space, Automobile

Space within a public or private parking area for the storage of one (1) passenger automobile or

commercial vehicle under a one and one-half (1 ½) ton capacity.

Parks & Recreation Zoning District

Refers to a “PR” District.

Performance Bond

An amount of money or other negotiable security paid by the subdivider or his surety to the City which

guarantees that the subdivider will perform all actions required by the City regarding an approved plat, and

provides that if the subdivider defaults and fails to comply with the provisions of an approved plat, the

subdivider or his surety will pay damages up to the limit of the bond, or the surety will itself complete the

requirements of the approved plat.

Permanent Foundation

A structural system for transposing loads from a structure to the earth at a depth below the established

frost line without exceeding the safe bearing capacity of the supporting soil.

Permanent Perimeter Enclosure

A permanent perimeter structural system completely enclosing the space between the floor joists of the

home and the ground, except for the necessary openings, constructed in accordance with the Portland

Building Code.

Person

A corporation, firm, partnership, association, organization, unit of government, or any other group that acts

as a unit, as well as a natural person.

Plan

In reference to documentation, The Comprehensive Plan of Portland, Indiana, and any other supporting or

accompanying ordinances, plans, resolutions, rules, or regulations and including their provisions, except

where the context clearly indicates otherwise.

Plan, Capital Improvement

A proposed schedule of future projects listed in order of construction priority together with cost estimates

and the anticipated means of financing each project. Major projects requiring the expenditure of public

funds, over and above the annual local government’s operating expenses, for the purchase, construction,

or replacement of the capital improvements for the community are included.

2-19

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

DEFINITIONS__________________

Plan Commission

The Advisory Plan Commission of the City of Portland.

Plan, Comprehensive

A long-range plan intended to guide the growth and development of the community; inclusive physical,

social, and economic analysis, recommendations, proposals, plans, and policies in graphic statement forms

for the development of the jurisdiction and adopted by the Commission pursuant to the IC 36-7-4-500

series and including any part and/or policies separately adopted and any amendment to such plan or parts

thereof.

Plan, Conceptual / Construction

A preliminary presentation and attendant documentation of a proposed subdivision or site plat showing the

specific location and design of improvements to be installed for the subdivision or site in accordance with

the requirements of this Plan as a condition of the approval of the plat.

Plan, Development

A drawing, including a legal or site description of the real estate involved, which shows the location and

size of all existing and proposed easements; widths and lengths of all entrances and exits to and from said

real estate; location of all adjacent or adjoining streets; all of which presents a unified and organized

arrangement of buildings and service facilities and other improvements such as planting areas, which shall

have a functional relationship to the real estate comprising the planned development and to the uses of

properties immediately adjacent to the proposed development.

Plan, General Development

A plan outlining general, rather than detailed, development intentions. It describes the basic parameters of

a major development proposal, rather than giving full engineering details. As such, it allows general

intentions to be proposed and discussed without the extensive costs involved in submitting a detailed

proposal.

Plan, Thoroughfare

A plan which includes a street plan, sets forth the location, alignment, dimensions, identification, and

classification of existing and proposed streets, and other thoroughfares.

Planned Development (PUD)

A large-scale unified development meeting the requirements for zoning approval under the provisions of

Section VI of this Ordinance. Generally, a planned development consists of a parcel or parcels of land,

controlled by a single landowner, to be developed as a single entity which does not correspond in size of

lots, bulk or type of buildings, density, lot coverage, and required open space to the regulations established

in any district specified in this Ordinance. This may result in more attractive and affordable development

than conventional developments would allow. Clustered housing (dwellings built in innovative lot

arrangements around common open space) and zero lot line housing (dwellings built immediately adjacent

to lot lines) are possible as part of planned developments. A planned development requires approval

through a zoning map amendment.

Plat

A map or chart that shows a division of land and is intended to be filed for record.

Plat, Primary

The primary plat, pursuant to IC 36-7-4-700 series, is the plat and plans upon which the approval of a

proposed subdivision are based. The primary plat and plans shall be subject to public notice and public

hearing according to law and according to Plan Commission rules. (Under former State Statutes, the

primary plat was referred to as a “preliminary” plat.)

2-20

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

DEFINITIONS__________________

Plat, Secondary

The secondary plat, pursuant to IC 36-7-4-700 series, is the final plat document in recordable form. A

secondary plat shall substantially conform with the preceding primary plat, or section thereof. The

secondary plat and plans are not subject to public notices and public hearings. Secondary plat approval is

an administrative function to be carried out in the manner prescribed by the written rules of the Advisory

Plan Commission rules, either in public meeting or by Zoning Administrator/Director. (Under former state

statutes, the secondary plat was referred to as the “Final” Plat.)

Porch

A roofed-over structure projecting out from the wall or walls of a main structure and commonly open to the

weather in part.

Portland Building Code See “Building Code.”

Practical Difficulty

A difficulty with regard to one’s ability to improve land stemming from regulations of this Ordinance. A

practical difficulty is not a “hardship”, rather it is a situation where the owner could comply with the

regulations within this Ordinance, but would like a variance from the Development Standards to improve his

site in a practical manner. For instance, a person may request a variance from a side yard setback due to

a large tree which is blocking the only location that would meet the Development Standards for a new

garage location.

Principal Building/Structure

The building or structure in which the principal use of the lot or premises is located or conducted, with

respect to residential uses, the principal building or structure shall be the main dwelling.

Principal Use

The main use of land or buildings as distinguished from an accessory use. A principal use may be either a

permitted use or a special exception.

Private School

Private preprimary, primary, grade, high or preparatory school or academy.

Private Street - See “Street, Private.”

Professional Office

An office used by members of a recognized profession such as architects, artists, dentists, engineers,

lawyers, musicians, physicians, surgeons or pharmacists, and realtors or insurance agents and brokers.

Public Improvements

Any storm drainage facility, street, highway, parkway, sidewalk, pedestrian-way, tree, lawn, off-street

parking area, lot improvement, utility, or other facility for which the local government may ultimately assume

the responsibility for maintenance and operation, or which may affect an improvement for which local

government responsibility is established.

Public Open Space See “Open Space, Public.”

Public Parking Area See “Parking Area, Public.”

Public/Private Parking Area

A group of parking spaces in an open area not including any part of a street or alley, designed or used for

temporary parking of motor vehicles.

Public Street See “Street, Public.”

2-21

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

DEFINITIONS__________________

Public Utility

Any person, firm, or corporation duly authorized to furnish under public regulation to the public, electricity,

gas, steam, telephone, fiber optics, transportation, water, or sewerage systems.

PUD See “Planned Unit Development.”

Rear Lot Line See “Lot Line, Rear.”

Rear Yard See “Yard, Rear.”

Recreational Vehicle

Any boat, boat trailer, trailer, any camping trailer, travel trailer, pick-up ,motor coach, motor home or other

unit built or mounted on a vehicle or chassis, without permanent foundation, which may legally be driven or

towed by a motor vehicle on a highway or street.

Recreational Vehicle Park

Any site, lot, field, or tract of land under single ownership, or ownership of two or more people, designed

with facilities for short-term occupancy by recreational vehicles only.

Recycling

A resource recovery method involving the collection and processing of a waste product for use as raw

material in the manufacture of new products.

Recycling Center

Any permanent structure or facility where recyclable materials are stored or processed.

Recycling Drop-Off

Any structure, facility, or location, either temporary or permanent, where recyclable materials from more

than one household are left for transport to a recycling center.

Recycling, Mobile Unit

Any vehicle, wagon, cart, trailer, or moveable bin used for the collection and/or temporary storage of

recyclable materials.

Registered/Certified Land Surveyor

A land surveyor properly licensed and registered or through reciprocity permitted to practice in the State of

Indiana.

Registered Professional Engineer

An engineer properly licensed and registered or through reciprocity permitted to practice in the State of

Indiana.

Regulatory Flood

A flood having a peak discharge which can be equaled or exceeded on the average of once in a one

hundred (100) year period, as calculated by a method and procedure which is acceptable to and approved

by the Indiana Natural Resources Commission; this flood is equivalent to a flood having a probability of

occurrence of one percent (1%) in any given year.

Regulatory Flood Profile

A longitudinal profile along the thread of a stream showing the maximum water surface elevation attained

by the regulatory flood.

2-22

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

DEFINITIONS__________________

Regulatory Floodway

The channel of a river or stream and those portions of the flood plains adjoining the channel which are

reasonably required to efficiently carry and discharge peak flow of the regulatory flood of any river or

stream and, is that area covered by floodwaters in significant downstream motion or covered by significant

volumes of stored water during the occurrence of the regulatory flood.

Residential District

Refers to a RR, R-4, R-8, R-10 or PD-R District.

Resubdivision

A change in a recorded subdivision plat if such change affects any street layout or area reserved thereon

for public use or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any

regulations controlling subdivisions.

Retaining Wall

A structure erected between lands of different elevation to protect structures and/or to prevent the washing

down or erosion of earth from the upper slope level.

Retention Basin

A pond, pool, or basin used for the permanent storage of water runoff.

Right-of-Way

A strip of land occupied or intended to be occupied by transportation facilities, public utilities, or other

special public uses. Rights-of-way intended for any use involving maintenance by a public agency shall be

dedicated to the public use by the maker of the plat on which such right-of-way is established.

Rule 5

Any construction activity, which includes clearing, grading, excavation, and other land disturbing activities

that results in the disturbance of one (1) or more acres of total land area. Regulated by the Jay County Soil

and Water Conservation District and the Indiana Department of Environmental Management (IDEM).

Sale, Roadside

Sale of goods by one or more vendor over the age of eighteen (18), having transported such goods or

services by car, truck, bicycle, trailer, or cart to a temporary roadside location (See City of Portland

Ordinance Chapter 110 Solicitation).

Sale, Sidewalk

Sale of goods or services by one or more vendor on a sidewalk or public open space immediately outside

of the commercial establishment in which such goods or services are typically sold (See City of Portland

Ordinance Chapter 110 Solicitation).

Salvage Yard / Junk Yard See "Junk Yard / Salvage Yard"

Sanitary Landfill

A site on which solid wastes are disposed of in a manner protective to the environment, such that wastes

are spread in thin layers, compacted to the smallest practical volume, and covered with soil at the end of

each work day.

Satellite Dish

An apparatus capable of receiving audio/visual broadcasts from a transmitter relay located in a planetary

orbit. Generally four (4) to eight (8) feet (1.2 to 2.4 m) in diameter.

2-23

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

DEFINITIONS_______________

School

A public or private institution which offers instruction in any of the branches of learning and study

comparable to that taught in the public schools under the Indiana School Laws, including pre-kindergarten,

kindergarten, elementary school, and junior and senior high schools, but excluding trade, business, or

commercial schools.

Scrap Metal Yard

A general industrial use, including but not limited to, established independent or ancillary to and connected

with another general industrial use, which is concerned exclusively in new and salvaged metal pipes, wire,

beams, angles, rods, machinery, parts, fittings, clippings, vehicle parts, and all other metal items of every

type, and which acquires such items incidental to its connection with the other general industrial use or by

purchase, consignment or bailment which stores, grades, processes, melts, cuts, dismantles, compresses,

cleans, or in any way prepares said items for reuse by the connected other general industrial use or for

storage, sale and shipment and use in other industries or businesses; such an establishment shall not

include junk yards, dumps, or automobile graveyards.

Seasonal Business

A temporary business operating at a non-permanent location for certain months of the year or during

special events.

Service Station See “Automobile Service Station.”

Setback

The minimum horizontal distance between the building line and a lot line or right-of-way. (See Fig. 2.1,

page 2-29)

Shared Housing

Any dwelling unit which the owner allows to be occupied by unrelated persons living as a single

housekeeping unit, provided that the number of occupants does not exceed twice the number of bedrooms,

and that the total number of occupants does not exceed four (4) regardless of the number of bedrooms.

Shoulder

The graded part of the right-of-way that lies between the edge of the main pavement (main traveled way)

and the curb.

Side Lot Line

A lot boundary line other than a front or rear lot line. (See Figure 2.1, page 2-30)

Sidewalk

That portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian

traffic.

Side Yard

The horizontal space between the nearest foundation of a building to the side lot line and that side lot line,

unoccupied other than by architectural appurtenances projecting not more than twenty-four (24) inches into

that space; steps or terraces not higher than the level of the first floor of the building; and open lattice-

enclosed fire escapes, fireproof outside stairways and balconies projecting not over twenty-four (24) inches

into that space. (See Figure 2.1, page 2-30)

Sight Triangle

A triangular-shaped portion of land established at street or alley intersections in which nothing is erected,

placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists

entering or leaving the intersection.

2-24

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

DEFINITIONS__________________

Sign

A name, identification, description, display, or illustration which is affixed to, painted, or represented directly

or indirectly upon a building, structure, or piece of land, and which directs attention to an object, product,

place, activity, person, institution, organization, or business.

Sign, Outdoor Advertising

A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or

offered elsewhere than upon the premises where such sign is located or to which it is affixed. Also called

billboard or off-premises sign.

Sign, Temporary

A sign intended to display either commercial or noncommercial messages of a transitory or temporary

nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to

a building or sign structure that is permanently embedded in the ground, are considered temporary signs.

Small Business

A business that is independently owned and operated that is not dominant in its field of operation; a home-

based business used as a market segment.

Special Exception

The authorization of a use that is designated as such by this ordinance as being permitted in the district

concerned if it meets special conditions, and upon application, is specifically authorized by the Plan

Commission per Section 10.3 of this Ordinance.

Storage, Outdoor

The outdoor accumulation of goods, junk, vehicles, equipment, products, or materials for permanent or

temporary holding.

Story

That portion of a building included between the surface of any floor and the surface of the floor next above

it, or if there be no floor above it, then the space between the floor and the ceiling next above it. Any

portion of a story exceeding fourteen (14) feet in height shall be considered as an additional story for each

fourteen (14) feet or fraction thereof.

Street

Any street, avenue, boulevard, road, parkway, viaduct, drive, or other roadway.

Street, Arterial

A street designed for high volume traffic.

Street, Collector

A street designed to facilitate the collection of traffic from local streets and to provide circulation within

neighborhood areas and convenient ways to reach arterial streets.

Street, Divided

A street having an island or other barrier separating moving lanes.

Street Furniture

Man-made, above-ground items that are generally found in street rights-of-way, including benches, kiosks,

plants, canopies, shelters, and phone booths.

Street Hardware

The mechanical and utility systems within a street right-of-way, such as hydrants, manhole covers, traffic

lights and signs, utility poles and lines, and parking meters.

2-25

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

DEFINITIONS__________________

Street, Local

A street designed primarily to provide access between individual properties and a collector and arterial

street system.

Street, Private

Vehicular streets and driveways, paved or unpaved, which are wholly within private property except where

they intersect with other streets within public rights-of-way and are maintained by the owner(s).

Street, Public

Any publicly dedicated, accepted and maintained right-of-way, with the exception of alleys, essentially open

to the sky and open to the general public for the purposes of vehicular and pedestrian travel affording

access to abutting property, whether referred to as a street, easement, lane, road, drive, expressway,

arterial, thoroughfare, highway, or any other term commonly applied to a right-of-way for said purposes. A

public street may be comprised of pavement, shoulders, gutters, curbs, sidewalks, parking space, and

similar features.

Strip Development

Uncoordinated and often unsightly development that generally occurs along main highways and

thoroughfares leading into and out of a community. Strip development often includes fast food restaurants,

filling stations, used car lots, and shopping centers.

Structure

Any building or thing, constructed or erected, which requires location on the ground or attachment to

something having a location on the ground.

Structural Alterations

Any change in the supporting members of a building or structure such as bearing walls, partitions, columns,

beams or girders, or any substantial change in the footprint or increasing size of living space.

Subdivision

A tract of land which has been divided into smaller pieces (called lots), usually for the purpose of

constructing residences which will be sold individually. (See Section 7)

Survey Marker See “Marker (Survey)”

Survey Monument See “Monument (Survey)”

Swimming Pool

A self-contained body of water at least eighteen (18) inches deep and eight (8) feet in diameter or width

and used for recreational purposes. It may be above or below ground level, and shall be considered an

accessory structure and use.

Television Antenna

A metal tower located on or adjacent to a residence or other structure, for the purpose of receiving

broadcast messages from signal and/or relay towers.

Temporary Business

Any business operating at or within a moveable location or structure, or any business operating at a

location which lacks permanent infrastructure including full utilities, parking, permanent signage, etc.

Temporary Sign See “Sign, Temporary.”

Territorial Jurisdiction See “Jurisdiction.”

2-26

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

DEFINITIONS_________________

Thoroughfare Plan

The plan, now and hereafter adopted, which includes a street plan, sets forth the location, alignment,

dimensions, identification, and classification of existing and proposed streets, and other thoroughfares.

Trade or Business School

A secretarial or business school or college that is not publicly owned, is not owned, conducted, or

sponsored by a religious, charitable, or non-profit organization, and is not a school conducted as a

commercial enterprise for teaching instrumental music, dancing, barbering, hairdressing, or the industrial or

technical arts and like skills.

Use

The purposes of which land, building, or structure thereon is designed, arranged, or intended, or for which it

is occupied, maintained, let, or leased.

Utility See “Public Utility.”

Variance, Use

The approval of a use other than that prescribed by this Ordinance; an act granted by IC 36-7-4-918.4.

(See Section 10.4)

Variance, Design Standards/Development Regulations

A specific approval granted by a Board of Zoning Appeals in the manner prescribed in Section 10.3 of this

Ordinance, to deviate from the development standards (such as height, bulk, area) that the Ordinance

otherwise prescribes.

Veterinary Animal Hospital or Animal Clinic

A place used for the care, diagnosis and treatment of sick, ailing, infirm or injured animals, and those who

are in need of medical or surgical attention, and may include overnight accommodations on the premises

for treatment, observation and/or recuperation. It may also include boarding that is incidental to the

principal activity or use.

Yard

A space on the same lot with a principal building that is open and unobstructed except as otherwise

authorized by this ordinance.

Yard, Front

The horizontal space between the nearest foundation of a building to the front lot line, extending to the side

lines of the lot, and measured as the shortest distance from the nearest foundation to the front lot line. A

corner lot shall have two (2) front yards abutting both streets on which the corner lot has frontage, except

as deed restrictions specify otherwise. (See Figure 2.1, page 2-30)

Yard, Rear

The horizontal space between the nearest foundation of a building to the rear lot line and that rear lot line,

extending to the side lines of the lot, and measured as the shortest distance from the nearest foundation to

the rear lot line. The rear yard of a corner lot shall be that yard at the opposite end of the lot from the front

yard. (See Figure 2.1, page 2-30)

Yard, Side

The horizontal space between the nearest foundation of a building to the side lot line and that side lot line,

unoccupied other than by architectural appurtenances projecting not more than twenty-four (24) inches into

that space; steps or terraces not higher than the level of the first floor of the building; and open lattice-

enclosed fire escapes, fireproof outside stairways and balconies projecting not over twenty-four (24) inches

into that space. (See Figure 2.1, page 2-30)

2-27

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

DEFINITIONS_________________

Zone

An area or areas of the community in which certain land uses are permitted and other uses are prohibited

by a zoning ordinance.

Zoning Administrator/Director

The officer, or his/her designee(s), appointed and/or delegated the responsibility for the administration of

this Ordinance’s regulations. Also referred to as the Administrator, Plan Commission Director and/or the

Jay/Portland Building & Planning Department Director/Administrator, or his/her designee(s)

Zoning District See “District.”

Zoning Map

The official zoning map of the City of Portland, Indiana, denoting zoning districts.

Zoning Ordinance

A set of development guidelines, specifications, and regulations enacted by the Council to create districts

which permit certain land uses and character specifications and prohibit others; in reference to

documentation, the Portland Unified Zoning and Subdivision Control Ordinance, and any other supporting

or accompanying ordinances, plans, resolutions, rules, or regulations and including their provisions, except

where the context clearly indicates otherwise.

Zoo

A permanent location, building, or structure where more than one exotic animal is kept, indoors and/or

outdoors, as an attraction, and where admission is collected.

2-28

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

2-29

Section 2

Portland Zoning Ordinance Amended Ord. #2014-12

Zoning District

Intent, Uses, &

Standards

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

ZONING DISTRICTS

3.1 ESTABLISHMENT

The City is divided into the following districts for purposes as stated:

PR: Parks & Recreation District

The purpose of the Parks & Recreation (PR) District is to provide areas for public and quasi-public

uses, areas for passive and active recreation, and conservation of unique and/or environmentally

sensitive natural areas.

AR: Agricultural Residential District

The Agricultural Residential (AR) District is composed of land being used primarily for agricultural

activities near the limit of the territorial jurisdiction which is not expected to develop more intensive

urban uses within the near future. It is the intent of this district to promote responsible agricultural

uses, to conserve its desirable rural character, to preserve prime farmland, and to protect the area

from the encroachment of scattered urban uses that may inhibit the overall development of the

jurisdiction in accordance with the Comprehensive Plan.

RR Rural Residential District

Included in the Rural Residential (RR) District is the large part of the Jurisdictional Area outside the

city subject to residential use where no clear pattern of development is evident, used primarily for

single-family dwellings.

R4: Low Density Residential District

The Low Density Residential (R-4) District is established for low density single-family residential

development with a density of four dwelling units or less per gross acre. The regulations applicable

to this district are intended to promote the new development of larger lot housing opportunities

within the community.

R8: Medium Density Residential District

The Medium Density Residential (R-8) District is established for medium density residential

development with a density of five to eight dwelling units per gross acre. This district applies to a

large portion of Portland’s existing residential areas. It is the intent of the regulations applicable to

this district to promote the development and redevelopment of housing which is supportive in

character and proportion to existing residential development adjacent to downtown areas.

R10: High Density Residential District

The High Density Residential (R-10) District is established for relatively high-density single-family,

two-family, and multi-family residential development with a density of ten dwelling units or less per

gross acre. The regulations applicable to this district are intended to facilitate a wide variety of

multi-family housing opportunities.

NB: Neighborhood Business District

The Neighborhood Business (NB) District is established for promoting the responsible development

and operation of small business establishments, located in predominately residential areas along

major or high traffic arteries.

HS: Highway Service District

The Highway Service (HS) District is established for areas along major traffic arteries in order to

promote responsible development of the appropriate shopping and service needs of such locations.

3-1

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

ZONING DISTRICTS

CB: Central Business District

The Central Business (CB) District is established to promote and regulate a variety of urban uses

within the downtown area, which will preserve and promote a level of vitality necessary for the

regional attraction of commerce.

IND: Industrial District

The Industrial (IND) Districts are areas designated for the development and expansion of light

industrial, manufacturing, and wholesale business establishments, which are clean, quiet, and free

of hazardous or objectionable elements and operate primarily within enclosed buildings.

PD: Planned Development Districts

Planned Development Districts (PD-R, PD-B, PD-I, and PD-E) are established with the intent of

providing greater design flexibility in the development of land when consistent with the

Comprehensive Plan and the intent of this Ordinance. Planned Development Districts shall only be

established under the conditions set forth in Section 6 hereof.

3.1-2 Additional Districts

Historical Districts:

A district established by the City of Portland to govern exterior restoration and maintenance of

buildings and esthetics in the Historical Districts. (See Section 3.5)

Airport Overlay District:

The Airport Overlay Zoning District (AO) shall include all zones as indicated on the Portland

Municipal Airport Airspace Plan, dated May 6, 2013, which is a part of this ordinance and

incorporated herein by reference. All land so indicated is hereby zoned and classified as the Airport

Overlay Zoning District. (See Section 3.16)

3.2 OFFICIAL ZONING MAP

The zoning map of the City of Portland is hereby included as part of this Ordinance. The map shall be

known as the Official Zoning Map of the City of Portland, Indiana.

A. The Zoning Map is a public document with the original map located in the Office of the City of

Portland Clerk-Treasurer.

B. The Zoning District boundaries shall be shown on the Zoning Map. The abbreviations for the

zoning districts appearing throughout this Ordinance shall be used to identify the zoning districts on

the map. Planned developments shall be shown on the map by dashed lines and shall be

identified by the number and date of passage of the Ordinance approving the Planned

Development.

C. The Zoning Map shall be revised annually, or as the Plan Commission determines, with certified

copies made thereof, to show the amendments adopted by the City Council during the previous

year. Such revisions may correct drafting or other errors or omissions in the prior map, but shall

not have the effect of amending the Zoning Map except as adopted by the City Council during the

previous year. Such revisions shall be necessary only to correct previous errors.

D. In the event that the Zoning Map becomes damaged, destroyed, lost or difficult to interpret because

of the nature or number of changes and additions, the City Council may, by resolution, adopt a new

Zoning Map, which shall supersede the prior Zoning Map.

3-2

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

ZONING DISTRICTS

3.3 BOUNDARIES

District boundaries on the Zoning Maps shall meet the following standards:

A. District boundaries shown within the lines of roads, easements, and transportation rights-of-way

shall be deemed to follow the centerlines.

B. Boundaries indicated as following section or fractional section lines, platted lot lines, or City

corporation lines shall be construed as following such lines.

C. Boundaries indicated as parallel to or extensions of above features shall be so construed as so.

D. Boundaries indicated as approximately following the centerline of streams, rivers, or other bodies of

water shall be construed to follow such centerlines as established on the effective date of this

Ordinance.

E. Where a district boundary line divides a lot in single or joint ownership of record at the time such

line is adopted, the regulations for the less restricted portion of such lot shall extend not more than

fifty feet into the more restricted portion, provided the lot has frontage on a street in the less

restricted district.

F. The vacation of streets and roads shall not affect the location of such district boundaries.

G. When the Zoning Administrator/Director cannot definitely determine the location of a district

boundary by such centerlines, by scale or dimensions stated on the Zoning Map, or by the fact that

it clearly does not coincide with a property line, the Zoning Administrator/Director shall refuse

action and the Plan Commission shall interpret the location of the district boundary with reference

to the scale of the Zoning Map and the purposes set forth in all relevant provisions of this

Ordinance. If subject to appeal, the BZA shall interpret.

H. Where existing physical or cultural features are at conflict with those shown on the Zoning Map, or

in other circumstances not covered by subsections A through G above, the Plan Commission shall

interpret the district boundaries. If subject to appeal, the BZA shall interpret.

3-3

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

ZONING DISTRICTS

3.4 SUBDIVISIONS, CLUSTER DEVELOPMENTS, PLANNED DEVELOPMENTS,

CONDOMINIUMS AND ZERO LOT LINE DEVELOPMENTS

The subdivision of land pursuant to the requirements of Section 7 herein shall be permitted in these

districts: AR, RR, R4, R8, R10, CB, HS, and NB. The intended principal use of each of the proposed lots

within a proposed subdivision shall govern the specific district or districts appropriate to the land to be

subdivided, as defined in Section 4 of this Ordinance.

However, the following classifications of subdivisions shall only be permitted in RR, R4, R8 or R10 districts:

Major subdivisions intended entirely for residential use, and any portions of major subdivisions intended for

residential use;

Planned Developments shall be permitted only in these districts: PD-R, PD-B, PD-I, and PD-E, as per

Section 5.2 of this Ordinance. In order to provide greater design flexibility, and to encourage innovative

land development techniques and a more efficient use of land, the design and development of uses within

these districts may deviate from the standards prescribed in Sections 3 and 4 herein.

Condominiums, as defined and regulated in IC 32-25 (Condominium), cluster developments, zero lot line

developments, and all developments of the minimum sizes specified in Section 5.2 of this Ordinance and

larger shall be considered for zoning purposes to be Planned Developments, and consequently shall be

permitted only in these districts: PD-R, PD-B, PD-I and PD-E, as per Section 5.2 of this Ordinance.

3-4

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

ZONING DISTRICTS

3.5 HISTORICAL DISTRICT

The district established by the City of Portland to govern exterior restoration and maintenance of buildings

and esthetics located in the Historic District. (See Portland Downtown Historic Preservation District Map).

All changes to the land or the exterior of buildings located in the Downtown Historic Preservation District of

the City of Portland will require a Certificate of Appropriateness (COA) issued from the Portland Historic

Preservation Commission before the Zoning Administrator/Director may issue a permit for any construction

activity or signage placement.

The City of Portland Historic Preservation Commission Ordinance and Portland Historic Preservation

Commission (PHPC) were established under City of Portland Ordinance # 2008-7 and the City of Portland

Downtown Commercial Historic District was established under City of Portland Ordinance # 2008-22 and

Ordinance #2014-6.

3-5

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

3-6

PR – Parks & Recreation District

3.6 "PR" District Intent, Permitted Uses,

and Special Exception Uses

District Intent

The purpose of the Parks & Recreation (PR) district is to provide areas for public and quasi-public uses,

areas for passive and active recreation and conservation of unique and/or environmentally sensitive

natural areas.

Permitted Uses

Special Exception Uses

Public Facilities

Park and/or Playground

Nature Area and/or Trail Area

Sporting Facility & Areas

Athletic fields, Courts & Areas

Swimming Pool

Golf Course/Country Club

Driving Range

Cemetery/Crematorium

Parking Area (as a primary use)

Uses NOT Permitted

Confined Feeding Operations

Hazardous Waste Disposal

Facilities

Recycling Collection Center

Salvage / Scrap Yard

Small Wind Energy System -

Privately Owned

Communication/Utilities

Above Ground Water Tank

Communication Relay Tower

Pipeline Pumping Station

Sewage Treatment Facilities

Utility Substation

Water Treatment Facilities

The Plan Commission, upon hearing a recommendation from the Zoning Administrator/Director, shall

determine into which category any use shall be placed which is not specifically listed or defined herein.

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

3-7

PR – Parks & Recreation District

3.6 "PR" Development Standards

Additional Development Standards

Accessory Uses & Structures Page 4-2

Miscellaneous Standards Page 4-3

Nonconforming Uses Page 4-5

Home Occupation Page 4-8

Highway Service Additional Standards Page 4-11

Central Business Additional Standards Page 4-11

Buffering Standards Page 4-12

Screening Standards Page 4-14

Landscaping Standards Page 4-15

Fences, Hedges and Walls Page 4-17

Sight Visibility Standards Page 4-18

Entrance and Driveway Page 4-19

Parking Standards Page 4-20

Industrial Standards Page 4-23

Loading Standards Page 4-27

Environmental Standards Page 4-28

Confined Feeding Page 4-31

Small Wind Energy System - Page 4-32

Privately Owned

Wind Energy System - Commercial Page 4-34

Lot & Yard Standards

Minimum Lot Area:

2 Acres

Minimum Lot Width:

N/A

Maximum Lot Coverage:

Minimum Front Yard Setback:

30 feet / Arterial Street

20 feet / Collector or Local Street

Minimum Side Yard Setback:

20 feet Adjacent to PR, AR, RR

15 feet Adjacent to R4

5 feet Adjacent to R8, R10

20 feet Adjacent to HS, NB, CB, IND

Minimum Rear yard Setback:

5 feet from the property line, or the edge of the

street right-of-way or alley right-or-way.

Maximum Height Regulation:

35 feet

See Additional Development Standards

That Apply

Additional Information

1. Signage Regulations: See Section 8 of this Ordinance.

2. Conflicts: All conflicts concerning lot/yard regulations specified in this section in existence prior to the

time of adoption of this ordinance shall be considered legal nonconforming lots or structures and are

subject to Section 5 of this Ordinance.

3. Setbacks: No building or structure shall be erected, altered, enlarged or reconstructed unless such

improvement conforms to the yard regulations of the district in which it is located.

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

3-8

AR – Agricultural Residential District (2 Mile Area)

3.7 "AR" District Intent, Permitted Uses,

and Special Exception Uses

District Intent

The Agricultural Residential (AR) District is composed of land being used primarily for agricultural activities

near the limit of the territorial jurisdiction which is not expected to develop more intensive urban uses

within the near future. It is the intent of this district to promote responsible agricultural uses, to conserve

its desirable rural character, to preserve prime farmland, and to protect the area from encroachment of

scattered urban uses that may inhibit the overall development of the jurisdiction in accordance with the

comprehensive plan.

Permitted Uses

Residential Uses

Dwelling, Single Family

Manufactured Home

Agricultural Uses

Agricultural Seed Sales

Allowable Livestock Operation

Artificial Lake/3 Acres or More

Commercial Greenhouse

Cropland and/or Orchard

Farm Equip. Sales & Service

Fertilizer Storage/Distribution

Pasture and Grazing

Plant Nursery

Pond

Roadside Produce Stand

Permitted Uses

Business Uses

Animal Clinic-Veterinarian

Equine Massage Therapy

Kennel/Pet Boarding

Warehouse/Mini-Storage Bldg.

Outdoor Advertising/Billboard

**(County Roads Only)

Public Facilities

Church/Temple/Mosque

Golf Course/Driving Range

Public Park/Private Camp

Riding Stable & Trails

Permitted Uses

Communication/Utilities

Above Ground Water Tank

Communication Relay Tower

Pipeline Pumping Station

Radio/TV Station

Small Wind Energy System -

Privately Owned

Utility Substation

Special Exception Uses

Residential Uses

Group Home

Agricultural Uses

Livestock Auction Barn

Livestock &/or Feed Yard

Public Facilities

Archery/Firearm Range

Cemetery/Crematorium

Highway/Municipal Garage

Lodge or Private Club

Reception Hall

Theater, Outdoor

Theme/Amusement Park

Zoo

Special Exception Uses

Business Uses

Adult Day Care Facility

Bed & Breakfast (1-5 Rooms)

Child Care Facility

Convenience Store

Gasoline Filling Station

General Contractor

School and/or College

Uses NOT Permitted

Mobile Homes

Confined Feeding Operations

Hazardous Waste Disposal

Facility

The Plan Commission, upon hearing a recommendation from the Zoning Administrator/Director, shall

determine into which category any use shall be placed which is not specifically listed or defined herein.

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

3-9

AR – Agricultural Residential District (2 Mile Area)

3.7 "AR" Development Standards

Additional Development Standards

Accessory Uses & Structures Page 4-2

Miscellaneous Standards Page 4-3

Nonconforming Uses Page 4-5

Home Occupation Page 4-8

Highway Service Additional Standards Page 4-11

Central Business Additional Standards Page 4-11

Buffering Standards Page 4-12

Screening Standards Page 4-14

Landscaping Standards Page 4-15

Fences, Hedges and Walls Page 4-17

Sight Visibility Standards Page 4-18

Entrance and Driveway Page 4-19

Parking Standards Page 4-20

Industrial Standards Page 4-23

Loading Standards Page 4-27

Environmental Standards Page 4-28

Confined Feeding Page 4-31

Small Wind Energy System - Page 4-32

Privately Owned

Wind Energy System - Commercial Page 4-34

Lot & Yard Standards

Minimum Lot Area:

2 Acres

Minimum Lot Width:

N/A

Maximum Lot Coverage:

25%

Minimum Front Yard Setback:

30 feet / Arterial Street

20 feet / Collector or Local Street

Minimum Side Yard Setback:

20 feet Adjacent to PR, AR, RR

15 feet Adjacent to R4, R8, R10

20 feet Adjacent to HS, NB, CB, IND

Minimum Rear yard Setback:

5 feet from the property line, or the edge of the

street right-of-way or alley right-or-way.

Maximum Height Regulation:

35 feet

Wind Energy Tower / Privately Owned 100 feet

See Additional Development Standards

That Apply

Additional Information

1. Conflicts: All conflicts concerning lot/yard regulations specified in this section in existence prior to the

time of adoption of this ordinance shall be considered legal nonconforming lots or structures and are

subject to Section 5 of this ordinance.

2. Setbacks: No building or structure shall be erected, altered, enlarged, or reconstructed unless such

improvement conforms to the yard regulations of the district in which it is located.

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

3-10

RR - Rural Residential District

3.8 "RR" District Intent, Permitted Uses,

and Special Exception Uses

District Intent

Included in the Rural Residential (RR) District is the large part of the Jurisdictional Area outside the city

subject to residential use where no clear pattern of development is evident, used primarily for single-family

dwellings.

Permitted Uses

Residential Uses

Dwelling, Single Family

Manufactured Home

Public Facilities

Public Park

Special Exception Uses

Agricultural

Artificial Lake/3 Acres or More

Pond

Public Facilities

Bed & Breakfast/ 1-5 Rooms

Church/Temple/Mosque

Special Exception Uses

Business Uses

Adult Day Care Facility

Child Care Facility

Communication/Utilities

Above Ground Water Tank

Pipeline Pumping Station

Small Wind Energy System -

Privately Owned

Utility Substation

Uses NOT Permitted

Mobile Homes

Confined Feeding Operations

Hazardous Waste Disposal

Facilities

Recycling Collection Center

Salvage / Scrap Yard

The Plan Commission, upon hearing a recommendation from the Zoning Administrator/Director, shall

determine into which category any use shall be placed which is not specifically listed or defined herein.

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

3-11

RR - Rural Residential District

3.8 "RR" Development Standards

Additional Development Standards

Accessory Uses & Structures Page 4-2

Miscellaneous Standards Page 4-3

Nonconforming Uses Page 4-5

Home Occupation Page 4-8

Highway Service Additional Standards Page 4-11

Central Business Additional Standards Page 4-11

Buffering Standards Page 4-12

Screening Standards Page 4-14

Landscaping Standards Page 4-15

Fences, Hedges and Walls Page 4-17

Sight Visibility Standards Page 4-18

Entrance and Driveway Page 4-19

Parking Standards Page 4-20

Industrial Standards Page 4-23

Loading Standards Page 4-27

Environmental Standards Page 4-28

Confined Feeding Page 4-31

Small Wind Energy System - Page 4-32

Privately Owned

Wind Energy System - Commercial Page 4-34

Lot & Yard Standards

Minimum Lot Area:

2 Acres (Without Sanitary Sewer)

0.5 Acres (with Sanitary Sewer)

Minimum Lot Width:

100 feet

Maximum Lot Coverage:

25%

Minimum Front Yard Setback:

50 feet / Arterial Street

40 feet / Collector or Local Street

Minimum Side Yard Setback:

20 feet Adjacent to PR, AR, RR

15 feet Adjacent to R4, R8, R10

20 feet Adjacent to HS, NB, CB, IND

Minimum Rear yard Setback:

5 feet from the property line, or the edge of the

street right-of-way or alley right-or-way.

Maximum Height Regulation:

35 feet

Wind Energy Tower / Privately Owned 100 feet

See Additional Development Standards

That Apply

Additional Information

1. Conflicts: All conflicts concerning lot/yard regulations specified in this section in existence prior to the

time of adoption of this ordinance shall be considered legal nonconforming lots or structures and are

subject to Section 4 of this ordinance.

2. Setbacks: No building or structure shall be erected, altered, enlarged, or reconstructed unless such

improvement conforms to the yard regulations of the district in which it is located.

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

3-12

R4 - Low Density Residential District

3.9 "R4" District Intent, Permitted Uses,

and Special Exception Uses

District Intent

The Low Density Residential (R4) District is established for low density single-family residential

development with a density of four dwelling units or less per gross acre. The regulations applicable to this

district are intended to promote the new development of larger lot housing opportunities within the

community.

Permitted Uses

Residential Uses

Dwelling, Single Family

Manufactured Home

Special Exception Uses

Public Facilities

Church/Temple/Mosque

Public Park

Uses NOT Permitted

Mobile Homes

Confined Feeding Operations

Hazardous Waste Disposal

Facilities

Recycling Collection Center

Salvage / Scrap Yard

Small Wind Energy System -

Privately Owned

The Plan Commission, upon hearing a recommendation from the Zoning Administrator/Director, shall

determine into which category any use shall be placed which is not specifically listed or defined herein.

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

3-13

R4 - Low Density Residential District

3.9 "R4" Development Standards

Additional Development Standards

Accessory Uses & Structures Page 4-2

Miscellaneous Standards Page 4-3

Nonconforming Uses Page 4-5

Home Occupation Page 4-8

Highway Service Additional Standards Page 4-11

Central Business Additional Standards Page 4-11

Buffering Standards Page 4-12

Screening Standards Page 4-14

Landscaping Standards Page 4-15

Fences, Hedges and Walls Page 4-17

Sight Visibility Standards Page 4-18

Entrance and Driveway Page 4-19

Parking Standards Page 4-20

Industrial Standards Page 4-23

Loading Standards Page 4-27

Environmental Standards Page 4-28

Confined Feeding Page 4-31

Small Wind Energy System - Page 4-32

Privately Owned

Wind Energy System - Commercial Page 4-34

Lot & Yard Standards

Minimum Lot Area:

.25 Acres (10,890 Square Feet)

Minimum Lot Width:

100 feet

Maximum Lot Coverage:

25%

Minimum Front Yard Setback:

30 feet / Arterial Street

20 feet / Collector or Local Street

Minimum Side Yard Setback:

10 feet Adjacent to PR, AR, RR

10 feet Adjacent to R4, R8, R10

15 feet Adjacent to HS, NB, CB, IND

Minimum Rear yard Setback:

5 feet from the property line, or the edge of the

street right-of-way or alley right-or-way.

Maximum Height Regulation:

25 feet

See Additional Development Standards

That Apply

Additional Information

1. Signage Regulations: See Section 8 of this Ordinance.

2. Corner Lots: Corner lots are considered to have 2 front yards.

3. Conflicts: All conflicts concerning lot/yard regulations specified in this section in existence prior to the

time of adoption of this ordinance shall be considered legal nonconforming lots or structures and are

subject to Section 4 of this Ordinance.

4. Setbacks: No building or structure shall be erected, altered, enlarged, or reconstructed unless such

improvement conforms to the yard regulations of the district in which it is located.

5. Orientation of Structures: All new structures build on established lots or blocks shall be oriented as

existing structures; (front doors must face the street). All new structures must blend with existing housing.

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

3-14

R8 - Medium Density Residential District

3.10 "R8" District Intent, Permitted Uses,

and Special Exception Uses

District Intent

The Medium Density Residential (R8) District is established for medium density residential development

with a density of five to eight dwelling units or less per gross acre. This district applies to a large portion of

Portland's existing residential areas. It is the intent of the regulations applicable to this district to promote

the development and redevelopment of housing which is supportive in character and proportion to existing

residential development adjacent to downtown areas.

Permitted Uses

Residential Uses

Dwelling, Single Family

Manufactured Home

Special Exception Uses

Residential Uses

Dwelling, Two-Family/Duplex

Apartment House

Group Home

Nursing Home

Retirement Community

Public Facilities

Bed & Breakfast/ 1-5 Rooms

Church/Temple/Mosque

Uses NOT Permitted

Apartment Building(s)/

Multi-Family Dwelling(s)

Mobile Homes

Hazardous Waste Disposal

Facilities

Recycling Collection Center

Salvage / Scrap Yard

Small Wind Energy System -

Privately Owned

The Plan Commission, upon hearing a recommendation from the Zoning Administrator/Director, shall

determine into which category any use shall be placed which is not specifically listed or defined herein.

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

3-15

R8 - Medium Density Residential District

3.10 "R8" Development Standards

Additional Development Standards

Accessory Uses & Structures Page 4-2

Miscellaneous Standards Page 4-3

Nonconforming Uses Page 4-5

Home Occupation Page 4-8

Highway Service Additional Standards Page 4-11

Central Business Additional Standards Page 4-11

Buffering Standards Page 4-12

Screening Standards Page 4-14

Landscaping Standards Page 4-15

Fences, Hedges and Walls Page 4-17

Sight Visibility Standards Page 4-18

Entrance and Driveway Page 4-19

Parking Standards Page 4-20

Industrial Standards Page 4-23

Loading Standards Page 4-27

Environmental Standards Page 4-28

Confined Feeding Page 4-31

Small Wind Energy System - Page 4-32

Privately Owned

Wind Energy System - Commercial Page 4-34

Lot & Yard Standards

Minimum Lot Area:

.125 Acres (5,445 Square Feet)

Minimum Lot Width:

60 feet

Maximum Lot Coverage:

40%

Minimum Front Yard Setback:

10 feet / Arterial Street

10 feet / Collector or Local Street

Minimum Side Yard Setback:

5 feet Adjacent to PR, AR, RR

5 feet Adjacent to R4, R8, R10

10 feet Adjacent to HS, NB, CB, IND

Minimum Rear yard Setback:

5 feet from the property line, or the edge of the

street right-of-way or alley right-or-way.

Maximum Height Regulation:

25 feet

See Additional Development Standards

That Apply

Additional Information

1. Additional Front Yard Requirements: Minimum front yard is 10 feet on all R-8 properties unless an

existing setback is clearly established by adjacent properties on the block or street. In the latter case, the

minimum front yard shall be equal to the average setback of the existing homes on the block or street. An

established block (setback) can be computed as follows: All residences would be within 2 feet + or - of the

median average of all residences within the block. If a median still cannot be obtained, strike the high and

low distances. if an average +2 or -2 cannot be obtained, the block is not an established block. At least

50% of the residences should meet these requirements using the first formula, or 75% using the second

formula.

2. Corner Lots: Corner lots are considered to have 2 front yards.

3. Conflicts: All conflicts concerning lot/yard regulations specified in this section in existence prior to the

time of adoption of this ordinance shall be considered legal nonconforming lots or structures and are

subject to Section 4 of this Ordinance.

4. Setbacks: No building or structure shall be erected, altered, enlarged or reconstructed unless such

improvement conforms to the yard regulations of the district in which it is located.

5. Orientation of Structures: All new structures built on established lots or blocks shall be oriented as

existing structures; (front doors must face the street). All new structures must blend with existing housing.

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

3-16

R10 - High Density Residential District

3.11 "R10" District Intent, Permitted Uses,

and Special Exception Uses

District Intent

The High Density Residential (R10) District is established for relatively high density single-family, two-

family, and multi-family residential development with a density of ten dwelling units or less per gross acre.

The regulations applicable to this district are intended to facilitate a wide variety of multi-family housing

opportunities.

Permitted Uses

Residential Uses

Dwelling, Single Family

Dwelling, Two-Family/Duplex

Apartment House

Apartment Building(s)/

Multi-Family Dwelling(s)

Manufactured Home

Special Exception Uses

Residential Uses

Group Home

Mobile Home Park

Nursing Home

Retirement Community

Public Facilities

Bed & Breakfast / 1-5 Rooms

Church/Temple/Mosque

Uses NOT Permitted

Hazardous Waste Disposal

Facilities

Recycling Collection Center

Salvage / Scrap Yard

Small Wind Energy System -

Privately Owned

The Plan Commission, upon hearing a recommendation from the Zoning Administrator/Director, shall

determine into which category any use shall be placed which is not specifically listed or defined herein.

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

3-17

R10 - High Density Residential District

3.11 "R10" Development Standards

Additional Development Standards

Accessory Uses & Structures Page 4-2

Miscellaneous Standards Page 4-3

Nonconforming Uses Page 4-5

Home Occupation Page 4-8

Highway Service Additional Standards Page 4-11

Central Business Additional Standards Page 4-11

Buffering Standards Page 4-12

Screening Standards Page 4-14

Landscaping Standards Page 4-15

Fences, Hedges and Walls Page 4-17

Sight Visibility Standards Page 4-18

Entrance and Driveway Page 4-19

Parking Standards Page 4-20

Industrial Standards Page 4-23

Loading Standards Page 4-27

Environmental Standards Page 4-28

Confined Feeding Page 4-31

Small Wind Energy System - Page 4-32

Privately Owned

Wind Energy System - Commercial Page 4-34

Lot & Yard Standards

Minimum Lot Area:

.125 Acres (5,445 Square Feet)

Minimum Lot Width:

60 feet

Maximum Lot Coverage:

40%

Minimum Front Yard Setback:

20 feet / Arterial Street

10 feet / Collector or Local Street

Minimum Side Yard Setback:

5 feet Adjacent to PR, AR, RR

5 feet Adjacent to R4, R8, R10

10 feet Adjacent to HS, NB, CB, IND

Minimum Rear yard Setback:

5 feet from the property line, or the edge of the

street right-of-way or alley right-or-way.

Maximum Height Regulation:

35 feet

See Additional Development Standards

That Apply

Additional Information

1. Corner Lots: Corner lots are considered to have 2 front yards.

2. Conflicts: All conflicts concerning lot/yard regulations specified in this section in existence prior to the

time of adoption of this ordinance shall be considered legal nonconforming lots or structures and are

subject to Section 4 of this Ordinance.

3. Setbacks: No building or structure shall be erected, altered, enlarged, or reconstructed unless such

improvement conforms to the yard regulations of the district in which it is located.

4. Orientation of Structures: All new structures built on established lots or blocks shall be oriented as

existing structures; (front doors must face the street). All new structures must blend with existing housing.

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

3-18

NB - Neighborhood Business District

3.12 "NB" District Intent, Permitted Uses,

and Special Exception Uses

District Intent

This Neighborhood Business (NB) District is established for promoting the responsible development and

operation of small business establishments, located in predominately residential areas along major or high

traffic arteries.

Permitted Uses

Residential Uses

Dwelling, Single-Family

Dwelling, Two-Family/Duplex

Apartment House

Manufactured Home

Public Facilities

Church/Temple/Mosque

Funeral Home/Mortuary

Government Office

Police / Fire Station

Permitted Uses

Business Uses

Adult Day Care Facility

Barber Shop

Child Care Facility

Hair Salon

Nail Salon

Photography Studio

Seamstress / Shoe Repair

Small Business Office

Therapeutic Message

Special Exception Uses

Residential Uses

Group Home

Nursing Home

Retirement Community

Public Facilities

Library

Lodge or Private Club

Museum

Reception Hall

School and/or College

Communication/Utilities

Pipeline Pumping Station

Utility Substation

Special Exception Uses

Business Uses

Animal Clinic - Veterinarian

Automotive Service & Repair

Bank/Credit Union/ATM

Bed & Breakfast / 1-5 Rooms

Convenience Store

Dry Cleaning Store

Gasoline Filling Station

Grocery Store

Hospital/Medical Clinic

Laundry, Self Service

Liquor/Wine/Beer Store

Medical Offices

Printing/Design Shop

Restaurant / Cafe

Retail/Variety Store

Small Engine Sales & Service

Tanning Salon

Thrift/Second-Hand Store

Video Rental/Sales Store

Welding Shop

Wood Working Shop

Uses NOT Permitted

Apartment Building(s)/

Multi-Family Dwelling(s)

Mobile Home

Adult Bookstore/Entertainment

Automotive Sales Lot/New or

Used

Hazardous Waste Disposal

Facilities

Recycling Collection Center

Salvage / Scrap Yard

Small Wind Energy System -

Privately Owned

The Plan Commission, upon hearing a recommendation from the Zoning Administrator/Director, shall

determine into which category any use shall be placed which is not specifically listed or defined herein.

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

3-19

NB - Neighborhood Business District

3.12 "NB" Development Standards

Additional Development Standards

Accessory Uses & Structures Page 4-2

Miscellaneous Standards Page 4-3

Nonconforming Uses Page 4-5

Home Occupation Page 4-8

Highway Service Additional Standards Page 4-11

Central Business Additional Standards Page 4-11

Buffering Standards Page 4-12

Screening Standards Page 4-14

Landscaping Standards Page 4-15

Fences, Hedges and Walls Page 4-17

Sight Visibility Standards Page 4-18

Entrance and Driveway Page 4-19

Parking Standards Page 4-20

Industrial Standards Page 4-23

Loading Standards Page 4-27

Environmental Standards Page 4-28

Confined Feeding Page 4-31

Small Wind Energy System - Page 4-32

Privately Owned

Wind Energy System - Commercial Page 4-34

Lot & Yard Standards

Minimum Lot Area:

.25 Acres (10,890 Square Feet)

Minimum Lot Width:

60 feet

Maximum Lot Coverage:

40%

Minimum Front Yard Setback:

50 feet / Arterial Street

20 feet / Collector or Local Street

Minimum Side Yard Setback:

10 feet Adjacent to PR, AR, RR

5 feet Adjacent to R4, R8, R10

15 feet Adjacent to HS, NB, CB, IND

Minimum Rear yard Setback:

5 feet from the property line, or the edge of the

street right-of-way or alley right-or-way.

Maximum Height Regulation:

35 feet

See Additional Development Standards

That Apply

Additional Information

1. Corner Lots: Corner lots are considered to have 2 front yards.

2. Conflicts: All conflicts concerning lot/yard regulations specified in this section in existence prior to the

time of adoption of this ordinance shall be considered legal nonconforming lots or structures and are

subject to Section 4 of this Ordinance.

3. Setbacks: No building or structure shall be erected, altered, enlarged, or reconstructed unless such

improvement conforms to the yard regulations of the district in which it is located.

4. Orientation of Structures: All new structures built on established lots or blocks shall be oriented as

existing structures; (front doors must face the street). All new structures must blend with existing housing.

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

3-20

HS - Highway Service District

3.13 "HS" District Intent, Permitted Uses,

and Special Exception Uses

District Intent

The Highway Service (HS) District is established for areas along major traffic arteries in order to promote

responsible development of the appropriate shopping and service needs of such locations.

Permitted Uses

Business Uses

Adult Day Care Facility

Animal Clinic - Veterinarian

Appliance Sales & Service

Audio/Video Sales & Service

Auto Parts Store

Automotive Sales & Service

Bank/Credit Union/ATM

Barber Shop

Bed & Breakfast / 1-5 Rooms

Billiard Room

Boarding/Lodging House

Boat Sales & Service

Bowling Alley

Business Office

Car Wash

Child Care Facility

Convenience Store

Dance/Gymnastic Center

Department Store

Dry Cleaning Shop

Electronic Sales & Service

Farm Equip. Sales & Service

Fitness Center

Permitted Uses

Business Uses cont...

Gasoline Filling Station

Grocery Store

Hair Salon

Hardware/Building Supply

Health Spa

Hotel / Motel / Inn

Kennel/Pet Boarding

Laundry, Self Service

Liquor/Wine/Beer Store

Meat Market/Butcher Shop

Nail Salon

Pet Shop

Pharmacy

Photography Studio

Printing/Design Shop

Professional Medical Services

RV/Camper Sales & Service

Restaurant / Cafe

Retail/Variety Store

Seamstress / Shoe Repair

Small Engine Sales & Service

Tanning Salon

Theater, Indoor

Permitted Uses

Business Uses cont...

Therapeutic Message

Thrift/Second hand Store

Video Arcade

Residential Uses

Dwelling, Multi-Family/Apt.

Group Home

Nursing Home

Retirement Community

Public Facilities

Church/Temple/Mosque

Funeral Home/Mortuary

Government Office

Highway/Municipal Garage

Library

Police / Fire Station

Public Park

Public/Private Parking Area

School and/or College

Communication/Utilities

Radio/TV Station

Special Exception Uses

Public Facilities

Golf Course/Driving Range

Lodge or Private Club

Museum

Reception Hall

Agricultural Uses

Agricultural Seed Sales

Commercial Greenhouse

Plant Nursery

Industrial Uses

Light Manufacturing

Bottled Gas Storage &/or

Distribution

Special Exception Uses

Business Uses

Adult Bookstore/Entertainment

Auction House

Bingo Parlor

General Contracting

Truck Stop

Warehouse/Mini-Storage Bldg.

Welding Shop

Wood Working Shop

Communication/Utilities

Pipeline Pumping Station

Small Wind Energy System -

Privately Owned

Utility Substation

Uses NOT Permitted

Hazardous Waste Disposal

Facilities

Recycling Collection Center

Salvage / Scrap Yard

The Plan Commission, upon hearing a recommendation from the Zoning Administrator/Director, shall

determine into which category any use shall be placed which is not specifically listed or defined herein.

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

3-21

HS - Highway Service District

3.13 "HS" Development Standards

Additional Development Standards

Accessory Uses & Structures Page 4-2

Miscellaneous Standards Page 4-3

Nonconforming Uses Page 4-5

Home Occupation Page 4-8

Highway Service Additional Standards Page 4-11

Central Business Additional Standards Page 4-11

Buffering Standards Page 4-12

Screening Standards Page 4-14

Landscaping Standards Page 4-15

Fences, Hedges and Walls Page 4-17

Sight Visibility Standards Page 4-18

Entrance and Driveway Page 4-19

Parking Standards Page 4-20

Industrial Standards Page 4-23

Loading Standards Page 4-27

Environmental Standards Page 4-28

Confined Feeding Page 4-31

Small Wind Energy System - Page 4-32

Privately Owned

Wind Energy System - Commercial Page 4-34

Lot & Yard Standards

Minimum Lot Area:

.5 Acres (21,780 Square Feet)

Minimum Lot Width:

100 feet

Maximum Lot Coverage:

75%

Minimum Front Yard Setback:

50 feet / Arterial Street

40 feet / Collector or Local Street

Minimum Side Yard Setback:

10 feet Adjacent to PR, AR, RR

10 feet Adjacent to R4, R8, R10

15 feet Adjacent to HS, NB, CB, IND

Minimum Rear yard Setback:

5 feet from the property line, or the edge of the

street right-of-way or alley right-or-way.

Maximum Height Regulation:

35 feet

Wind Energy Tower / Privately Owned 100 feet

See Additional Development Standards

That Apply

Additional Information

1. Planned Development: Highway Service district may be rezoned to "PD", consistent with Section 6,

Planned Developments, of this Ordinance.

2. Signage Regulations: See Section 8 of this Ordinance.

3. Corner Lots: Corner lots are considered to have 2 front yards.

4. Conflicts: All conflicts concerning lot/yard regulations specified in this section in existence prior to the

time of adoption of this ordinance shall be considered legal nonconforming lots or structures and are

subject to Section 4 of this Ordinance.

5. Setbacks: No building or structure shall be erected, altered, enlarged, or reconstructed unless such

improvement conforms to the yard regulations of the district in which it is located.

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

3-22

CB - Central Business District

3.14 "CB" District Intent, Permitted Uses,

and Special Exception Uses

District Intent

The Central Business (CB) District is established to promote and regulate a variety of urban uses within

the downtown area, which will preserve and promote a level of vitality necessary for the regional attraction

of commerce.

Permitted Uses

Business Uses

Appliance Sales & Service

Audio/Video Sales & Service

Auto Parts Store

Bank/Credit Union/ATM

Barber Shop

Billiard Room

Business Office

Convenience Store

Dance/Gymnastic Center

Department Store

Dry Cleaning Shop

Electronic Sales & Service

Fitness Center

Gasoline Filling Station

Grocery Store

Hair Salon

Hardware/Building Supply

Health Spa

Permitted Uses

Business Uses cont...

Liquor/Wine/Beer Store

Meat Market/Butcher Shop

Medical Office

Nail Salon

Night Club/Bar/Tavern

Pet Store

Pharmacy

Photography Studio

Printing/Design Shop

Restaurant

Retail/Variety Store

Seamstress / Shoe Repair

Theater, Indoor

Therapeutic Message

Thrift/Second-Hand Store

Video Arcade

Permitted Uses

Public Facilities

Church/Temple/Mosque

Funeral Home/Mortuary

Government Office

Police / Fire Station

Public/Private Parking Area

Special Exception Uses

Residential Uses

Multi Family Apartment

Single Family Apartment

Public Facilities

Hotel / Motel / Inn

Lodge or Private Club

Museum

School and/or College

Special Exception Uses

Business Uses

Adult Bookstore/Entertainment

Adult Day Care Facility

Auction House

Automotive Sales & Service

Car Wash

Child Care Facility

Laundry, Self-Service

Small Engine Repair

Sidewalk Cafe

Uses NOT Permitted

Hazardous Waste Disposal

Facilities

Recycling Collection Center

Salvage / Scrap Yard

Small Wind Energy System -

Privately Owned

The Plan Commission, upon hearing a recommendation from the Zoning Administrator/Director, shall

determine into which category any use shall be placed which is not specifically listed or defined herein.

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

3-23

CB - Central Business District

3.14 "CB" Development Standards

Additional Development Standards

Accessory Uses & Structures Page 4-2

Miscellaneous Standards Page 4-3

Nonconforming Uses Page 4-5

Home Occupation Page 4-8

Highway Service Additional Standards Page 4-11

Central Business Additional Standards Page 4-11

Buffering Standards Page 4-12

Screening Standards Page 4-14

Landscaping Standards Page 4-15

Fences, Hedges and Walls Page 4-17

Sight Visibility Standards Page 4-18

Entrance and Driveway Page 4-19

Parking Standards Page 4-20

Industrial Standards Page 4-23

Loading Standards Page 4-27

Environmental Standards Page 4-28

Confined Feeding Page 4-31

Small Wind Energy System - Page 4-32

Privately Owned

Wind Energy System - Commercial Page 4-34

Lot & Yard Standards

Minimum Lot Area:

.25 Acres (10,890 Square Feet)

Minimum Lot Width:

N/A

Maximum Lot Coverage:

100%

Minimum Front Yard Setback:

0 feet / Arterial Street

0 feet / Collector or Local Street

Minimum Side Yard Setback:

0 feet Adjacent to PR, AR, RR

10 feet Adjacent to R4, R8, R10

0 feet Adjacent to HS, NB, CB, IND

*If residential lot is adjacent to a residential lot,

the setback is 5 feet from property lines

Minimum Rear yard Setback:

5 feet from the property line, or the edge of the

street right-of-way or alley right-or-way.

Maximum Height Regulation:

100 feet

See Additional Development Standards

That Apply

Additional Information

1. Signage Regulations: See Section 8 of this Ordinance.

2. Corner Lots: Corner lots are considered to have 2 front yards.

3. Conflicts: All conflicts concerning lot/yard regulations specified in this section in existence prior to the

time of adoption of this ordinance shall be considered legal nonconforming lots or structures and are

subject to Section 4 of this Ordinance.

4. Setbacks: No building or structure shall be erected, altered, enlarged, or reconstructed unless such

improvement conforms to the yard regulations of the district in which it is located.

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

3-24

IND - Industrial District

3.15 "IND" District Intent, Permitted Uses,

and Special Exception Uses

District Intent

The Industrial (IND) Districts are areas designated for the development and expansion of light industrial,

manufacturing, and wholesale business establishments, which are clean, quiet, and free of hazardous or

objectionable elements and operate primarily within enclosed buildings.

Permitted Uses

Industrial Uses

Bottled Gas Storage &/or

Distribution

Concrete Operation

Food Processing

General Manufacturing

Industrial/Commerce Park

Light Manufacturing

Product Assembly

Warehouse/Distribution Center

Agricultural Uses

Agricultural Seed Sales

Commercial Greenhouse

Cropland and/or Orchard

Farm Equip. Sales & Service

Fertilizer Storage/Distribution

Plant Nursery

Permitted Uses

Communication/Utilities

Above Ground Water Tank

Communication Relay Tower

Pipeline Pumping Station

Radio/TV Station

Sewage Treatment Facility

Utility substation

Water Treatment Facility

Wind Energy System -

Commercial

Public Facilities

Public Park

Permitted Uses

Business Uses

Automotive Sales & Service

Bank/Credit Union/ATM

Boat Sales & Service

Gasoline Filling Station General

Contracting

Machine Shop

Printing/Design Shop

RV/Camper Sales & Service

Small Engine Sales & Service

Warehouse/Mini Storage Bldg.

Welding Shop

Wood Working Shop

Special Exception Uses

Industrial Uses

Gravel/Sand/Mining Operation

Incinerator

Manufacturing of Explosives

Salvage / Scrap Yard

Slaughter House

Storage of Explosives

Recycling Collection Center

Business Uses

Adult Day Care Facility

Auction House

Child Care Facility

Special Exception Uses

Public Facilities

Airport

Archery/Firearm Range-Indoor

Correctional Facility

Highway/Municipal Garage

Communication/Utilities

Small Wind Energy System -

Privately Owned

Uses NOT Permitted

Hazardous Waste Disposal

Facility

The Plan Commission, upon hearing a recommendation from the Zoning Administrator/Director, shall

determine into which category any use shall be placed which is not specifically listed or defined herein.

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

3-25

IND - Industrial District

3.15 "IND" Development Standards

Additional Development Standards

Accessory Uses & Structures Page 4-2

Miscellaneous Standards Page 4-3

Nonconforming Uses Page 4-5

Home Occupation Page 4-8

Highway Service Additional Standards Page 4-11

Central Business Additional Standards Page 4-11

Buffering Standards Page 4-12

Screening Standards Page 4-14

Landscaping Standards Page 4-15

Fences, Hedges and Walls Page 4-17

Sight Visibility Standards Page 4-18

Entrance and Driveway Page 4-19

Parking Standards Page 4-20

Industrial Standards Page 4-23

Loading Standards Page 4-27

Environmental Standards Page 4-28

Confined Feeding Page 4-31

Small Wind Energy System - Page 4-32

Privately Owned

Wind Energy System - Commercial Page 4-34

Lot & Yard Standards

Minimum Lot Area:

1 Acres (43,560 Square Feet)

Minimum Lot Width:

100 feet

Maximum Lot Coverage:

50%

Minimum Front Yard Setback:

50 feet / Arterial Street

40 feet / Collector or Local Street

Minimum Side Yard Setback:

10 feet Adjacent to PR, AR, RR

10 feet Adjacent to R4, R8, R10

15 feet Adjacent to HS, NB, CB, IND

Minimum Rear yard Setback:

5 feet from the property line, or the edge of the

street right-of-way or alley right-or-way.

Maximum Height Regulation:

100 feet

Wind Energy Tower / Privately Owned 100 feet

See Additional Development Standards

That Apply

Additional Information

1. Planned Development: Industrial district may be rezoned to "PD", consistent with Section 6, Planned

Developments, of this Ordinance.

2. Signage Regulations: See Section 8 of this Ordinance.

3. Corner Lots: Corner lots are considered to have 2 front yards.

4. Conflicts: All conflicts concerning lot/yard regulations specified in this section in existence prior to the

time of adoption of this ordinance shall be considered legal nonconforming lots or structures and are

subject to Section 4 of this Ordinance.

5. Setbacks: No building or structure shall be erected, altered, enlarged, or reconstructed unless such

improvement conforms to the yard regulations of the district in which it is located.

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

ZONING DISTRICTS

3.16 AIRPORT OVERLAY DISTRICT

The Airport Overlay Zoning District (AO) shall include all zones as indicated on the Portland Municipal

Airport Airspace Plan, dated May 6, 2013, which is a part of this ordinance and incorporated herein by

reference. All land so indicated is hereby zoned and classified as the Airport Overlay Zoning District.

Purpose and Intent

It is hereby found that an airport hazard has the potential for endangering the lives and property of users of

Portland Municipal Airport, and property or occupants of land in its vicinity; that an airport hazard may affect

existing and future instrument approach minimums of Portland Municipal Airport; and that an airport hazard

may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to

destroy or impair the utility of Portland Municipal Airport and the public investment therein. Accordingly, it is

declared:

A. that the creation or establishment of an airport hazard has the potential of being a

public nuisance and may injure the region served by the Portland Municipal Airport;

B. that it is necessary in the interest of the public health, public safety, and general welfare that the

creation or establishment of airport hazards be prevented; and

C. that the prevention of the creation or establishment of hazards to air navigation, the elimination,

removal, alteration or mitigation of hazards to air navigation, or marking and lighting of obstructions

are public purposes for which a political subdivision may raise and expend public funds and acquire

land or interests in land.

3.16-1 Airport Zones

In order to carry out the provisions of the Airport Overlay District, there are hereby created and

established certain zones which include all of the land lying within the approach zones, conical

zone, horizontal zone, transitional zones, noise sensitive zone and wildlife attractant zones as they

apply to the Portland Municipal Airport. Such zones are shown on the Portland Municipal Airport

Airspace Plan consisting of two sheets, dated May 6, 2013, which is attached to this Ordinance and

made a part thereof. An area located in more than one of the following zones is considered to be

only in the zone with the more restrictive height limitation as defined in Section 3.16.2. The various

zones are hereby established in accordance with FAR Part 77 and defined as follows:

A. Runway 9-27 Approach Zones, with Precision Instrument Approaches — The inner

edge of this approach zone coincides with the width of the primary surface which is 500

feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a

horizontal distance of 10,000 feet from the primary surface. Its centerline being the

continuation of the centerline of the runway.

B. Conical Zone — The conical zone is hereby established as the area that commences at

the periphery of the horizontal zone and extends outward there from a horizontal distance

of 4,000 feet. The conical zone does not include the precision instrument approach zone

and the transitional zones.

C. Horizontal Zone — The horizontal zone is hereby established by swinging arcs of 10,000

feet radii from the center of each end of the primary surface of runway 9-27, and

connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone

does not include the approach and transitional zones.

D. Transitional Zones — These zones are hereby established as the area beneath the

transitional surfaces. These surfaces extend outward and upward perpendicular to the

runway centerline and the runway extended centerline.

3-26

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

ZONING DISTRICTS

E. Noise Sensitive Zone — This zone is hereby established as the areas lying 1,500 feet on

either side of the centerline and extended centerline of the runways for a distance of one

(1) nautical mile from the point of which the extended runway centerline crosses the airport

boundary.

F. Wildlife Attractant Zone A- This zone is hereby established within a distance of 10,000

feet from the farthest edge of the airport's air operations area (AOA).

G. Wildlife Attractant Zone B-This zone is hereby established beyond 10,000 from the

farthest edge of the airport's air operations area (AOA) and within five (5) statute miles

from the farthest edge of the airport's AOA,

3.16-2 Airport Overlay District Height Limitations

Within the Airport Overlay District, the following height limitations apply.

A. Nothing in this Ordinance shall be construed as prohibiting the planting, growth,

construction or maintenance of any tree or structure to maximum height of 50 feet above

the ground, Except as otherwise provided in this Ordinance, no structure or tree shall be

erected, altered, or maintained, or be allowed to grow in any zone created by this

Ordinance to a height in excess of the applicable height limits herein established for such

zone. The applicable height limitations are hereby established for each of the zones in

question as follows:

1. Runway 9-27 Approach Zones, with Precision Instrument Approaches — Slopes

upward thirty-four (34) feet horizontally for each foot vertically beginning at the end of and

at the same elevation as the primary surface and extending to a horizontal distance of

10,000 feet along the extended runway centerline.

2. Conical Zone — Slopes upward and outward twenty (20) feet horizontally for each foot

vertically beginning at the periphery of the horizontal zone and at one hundred and fifty

(150) feet above the airport elevation and extending to a height of three hundred and fifty

(350) feet above the airport elevation.

3. Horizontal Zone — Elevated one hundred and fifty (150) feet above the airport

elevation at a height of 1076.11 feet above mean sea level.

4. Transitional Zones — Slopes upward and outward seven (7) feet horizontally for each

foot vertically, beginning at the sides of and at the same elevation as the primary surface

and the approach surfaces and extending to a height of one hundred and fifty (150) feet

above the airport elevation which is 1076.11 feet above mean sea level.

B. Additional Height Limitations-Except as otherwise provided in the Airport Overlay District,

no structure or tree shall be erected, altered, or maintained, or be allowed to grow in any

zone created by the Airport Overlay District to a height in excess of the additional height

limits herein established by I.C. 8-21-10-7 and defined as follows:

1. A height that is five hundred (500) feet above ground level or 1426.11 feet above mean

sea level at the site of the object.

2. A height that is two hundred (200) feet above ground level or 1126.11 feet above mean

sea level, within three (3) nautical miles of the established reference point of the airport,

and that height increases in the proportion of one hundred (100) feet for each additional

nautical mile of distance from the airport up to a maximum of five hundred (500) feet.

3-27

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

ZONING DISTRICTS

3.16-3 Noise Sensitive Zone

Except as provided below, the underlying district land usage specified in this Section of this

Ordinance shall be met in the Noise Sensitive Zone.

A. Schools, libraries and hospitals are prohibited.

B. New residential uses are subject to written acknowledgement which must be recorded

for the subject property prior to the issuance for an Improvement Location Permit.

"The owners of subject property shall be aware that they are in the vicinity of the Portland Airport.

They are hereby made known by this notification that there are activities at this Airport which

produce noise, vibration, light, glare and odor at all hours of the day and night and which are used

or intended to be used for the taking off and landing of aircraft and any appurtenance areas which

are used or intended to be used for airport buildings or facilities, including runways, taxiways,

hangars and tie- downs areas that go on during the operation of an airport. Each owner and their

heirs, assigns, and successors in interest shall not initiate or support any action in any court or

before any governmental agency and are precluded from protest, objection, interference with,

restriction of or reduction of the operation of the airport, complaining, seeking damages and/or

attempting to enjoin the use of property (land) for such purpose. This condition and agreement

shall also run with the land as is irrevocable".

3.16-4 Wildlife Attractant Zones

The following standards apply to Wildlife Attractants zones.

A. Wildlife Attractant Zone A- In accordance with AC 150/5200-33A and notwithstanding

any other provisions of this Ordinance, no use may be made of land or water within any

zone established by this Ordinance in such a manner as to create a wildlife attractant

hazard within a distance of 10,000 feet from the farthest edge of the airport's air operations

area (AOA). These wildlife attractant hazards include, but are not limited to, the

construction of municipal solid waste landfills, trash transfer stations not fully enclosed,

underwater waste discharges, construction and demolition debris facilities co-located with

another waste disposal operations, fly ash disposal from general incinerators, wastewater

treatment facilities, artificial marshes, wetlands, dredge spoil containment areas, livestock

production, aquaculture, and golf courses

B. Wildlife Attractant Zone B- In the event the above mentioned wildlife attractants are

considered for construction beyond 10,000 from the farthest edge of the airport's air

operations area (AOA) and within five (5) statute miles from the farthest edge of the

airport's AOA, they may be restricted if the wildlife attractant could cause hazardous

movement into or across the approach or departure surface from the airport. The

application for the wildlife attractant shall be submitted to the Airport Authority for review

and comment within 15 days prior to granting a permit for construction. In the even the

Airport Authority finds the wildlife attractant objectionable because it is a hazard to air

navigation, appropriate mitigation would be required prior to approving a permit. In the

event the mitigation required creates an undo financial hardship on the applicant, the

applicant may ask for financial assistance through the Airport Authority. In the event the

Airport Authority is unable to grant financial assistance for. .the mitigation, the

requirements maybe forgone and a permit granted with no further action required on the

part of the applicant. These wildlife attractant hazards include, but are not limited to, the

construction of municipal solid waste landfills, trash transfer stations not fully enclosed,

underwater waste discharges, construction and demolition debris facilities co-located with

another waste disposal operations, fly ash disposal from general incinerators, wastewater

treatment facilities, artificial marshes, wetlands, dredge spoil containment areas, livestock

production, aquaculture, and golf courses.

3-28

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

ZONING DISTRICTS

3.16-5 Relation to Underlying Zoning

This district is created as a special overlay district to be superimposed on underlying primary

zoning districts. Development standards provided herein are intended to supplement those

permitted in the underlying primary zoning district and in some cases may be more restrictive than

those of the underlying zoning district. When the requirements of the underlying zoning district and

the overlay district appear to be in conflict, the more restrictive shall apply.

A. Except as specified by Section 3.16.3 above, all uses which are permitted by right or are

permitted by special exception in the underlying primary zoning districts are permitted by

right or by special exception, as applicable, in the Airport Overlay District.

B. Uses which are prohibited in the underlying primary zoning district are prohibited in the

Airport Overlay District.

3.16-6 Communication and Visibility Interference Prohibited

Notwithstanding any other provisions of this Ordinance, no use may be made of land or water

within the established Airport Overlay District in such a manner as to create electrical interference

with navigational signals or radio communication between the airport and aircraft, make it difficult

for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using

the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in

any way create a hazard, endanger or interfere with the landing, takeoff, or maneuvering of aircraft

intending to use the airport.

3.16-7 Miscellaneous Provisions

The following miscellaneous provisions apply to the Airport Overlay District.

A. Regulations Not Retroactive — The regulations prescribed in the Airport Overlay District

shall not be construed to require the removal, lowering, or other change or alteration of any

structure or tree not conforming to the regulations as of the effective date of adoption of the

Airport Overlay District, or otherwise interfere with the continuance of a non-conforming

use. Nothing contained herein shall require any change in the construction, alteration, or

intended use of any structure, the construction or alteration of which was begun prior to the

effective date of adoption of the Airport Overlay District, and is diligently prosecuted.

B. Existing Uses- No permit shall be granted that would allow the establishment or creation

of an obstruction or permit a non-conforming use or structure to become a greater hazard

to air navigation, than it was on the effective date of adoption of the Airport Overlay District

or any amendments thereto or than it is when the application for a permit is made.

3.16-8 Administration and Enforcement

It shall be the duty of the Portland Building Inspector to administer and enforce this ordinance as

specified in Section 9 of this Zoning Ordinance. No material change shall be made in the use of

land, no structure shall be erected, altered or otherwise established in any zone hereby created

unless a permit shall have been applied for and granted by the Building Inspector. Prior to issuance

of the permit, the Airport Authority shall be notified on a form approved by the Plan Commission

and Airport Authority.

3-29

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

ZONING DISTRICTS

3.16-9 Variances

The Portland Board of Zoning Appeals shall consider variance request from the provisions of this

section according to the procedures in Section 10 of this Ordinance. In addition to the requirements

of Section 10 the application for a variance shall be accompanied by a determination from the

Airport Authority as to the effect of the proposal on the operation of air navigation facilities and the

safe, efficient use of navigable airspace.

3.16-10 Obstruction Marking and Lighting

Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose

of this Ordinance and be reasonable in the circumstances, be so conditioned as to require the

owner of the structure or tree in question to install, operate, and maintain, at the owner's expense,

such markings and lights as may be necessary. If deemed proper by the Board of Aviation

Commissioners, this condition may be modified to require the owner to permit the City of Portland

Municipal, at its own expense, to install, operate, and maintain the necessary markings and lights.

3.16-11 DEFINITIONS:

Aircraft

Any contrivance now known, or hereafter invented, used or designed for navigation of or flight in

the air.

Airport

The Portland Municipal Airport, together with all of its structures, services, and improvements.

Airport Authority

The Portland, Indiana Board of Aviation Commissioners.

Airport Boundary

The property line existing in fee simple and depicted on the Airport Facilities Plan.

Airport Elevation

The highest point of an airport's usable landing area measured in feet from mean sea level, and

established to be 925 feet above mean sea level (MSL).

Airport Hazard

Any structure or object of natural growth located on or in the vicinity of a public airport, or any use

of land near such airport which obstructs the airspace required for the ascent, descent or glide

path of aircraft in landing or takeoff at the airport or is otherwise hazardous to such landing or

takeoff of aircraft.

Approach, Horizontal, and Conical Zones

These zones are set forth in Article III of this Ordinance.

Geographical Reference Point

The airport referent point (ARP) established as a point having equal relationship to all existing and

proposed landing and takeoff points, as defined in AC 150/5300-4B, as amended, and having

Latitude 40

° -

27.1’N and Longitude 084-59.3

Height (Airport Overlay District)

The purpose of determining the height limits in the Airport Overlay District, the datum shall be

mean sea level elevation unless otherwise specified.

3-30

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

ZONING DISTRICTS

Heliport

Any airport designed and designated for the exclusive use of rotary wing and vertical takeoff and

landing (VTOL) aircraft.

Larger Than Utility Runway

A runway that is constructed for and intended to be used by propeller driven aircraft of greater than

12,500 pounds maximum gross weight and jet powered aircraft.

Non-conforming Use (Airport Overlay District)

Any pre-existing structure, object of natural growth, or use of land which is inconsistent with the

provisions of the Airport Overlay District standards.

Non-precision Instrument Runway

A runway having an existing instrument approach procedure utilizing air navigation facilities with

only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision

instrument approach procedure has been approved or planned, and for which no precision

approach facilities are planned or indicated on an FAA planning document or military service's

military airport planning document

Obstruction (Airport Overlay District)

Any structure, growth, or other object, including a mobile object, which exceeds a limiting height in

the Airport Overlay District.

Person (Airport Overlay District)

An individual, firm, partnership; corporation, company, association, joint stock association or

government entity; includes any trustee, receiver, assignee, or a similar representative thereof

Precision Instrument Runway

A runway having an existing instrument approach procedure utilizing an Instrument Landing

System (ILS) or a precision approach using the Global Positioning System (GPS) Wide Area

Augmentation System (WAAS) with Localizer like with Precision Vertical guidance (LPV). It also

means a runway for which a precision approach system is planned and is so indicated on approved

airport layout plan or any other planning document.

Primary Surface

A surface longitudinally centered on a runway. When the runway has a specially prepared hard

surface, the primary surface extends 200 feet beyond each end of that runway; for military runways

or when the runway has no specially prepared hard surface, or planned hard surface, the primary

surface ends at each end of that runway. The width of the primary surface is set forth in Article III of

this Ordinance. The elevation of any point on the primary surface is the same as the elevation of

the nearest point on the runway centerline.

Runway

A defined area on an airport prepared for landing and takeoff of aircraft along its length.

Structure (Airport Overlay District)

An object, including a mobile object, constructed or installed by man, including but without

limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission

lines.

Tree

Any object of natural growth.

3-31

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

ZONING DISTRICTS

Utility Runway

A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500

pounds maximum gross weight or less.

Visual Runway

A runway intended solely for the operation of aircraft using visual approach procedures with no

straight-in instrument approach procedure and no instrument designation indicated on an FAA

approved airport layout plan, a military service approved military airport layout plan, or by any

planning document submitted to the FAA by competent authority.

Zones

The zones established in the Airport Overlay District are imaginary horizontal or inclined surfaces in

compliance with Federal Aviation Regulation, the Portland Comprehensive Plan and LC. 8-21-10

as amended by the State of Indiana.

3-32

Section 3

Portland Zoning Ordinance Amended Ord. #2014-12

Development

Standards

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

Development Standards

4.0 INTRODUCTION AND APPLICATION

A. Introduction

All structures, land uses, land use changes, structural alterations, structural relocations, structural

additions, and structural enlargements that are constructed, created, established, or occur after the

effective date of this Ordinance (except as may otherwise be provided within this Ordinance) shall

be subject to all Development Standards and regulations applicable to the zoning district in which

they are located.

B. Expansion or Modification of Existing uses and Structures

No structure, parking area, or other site feature regulated by this Ordinance shall be enlarged,

altered, or expanded unless the minimum improvements required by this Section are provided on

the property in a manner equal to the extent of its alteration or expansion.

C. Requirements for Non-conforming Uses and Uses Permitted by Special Exception or by

Variance

Any use that is non-conforming in the zoning district in which it is located or is permitted by special

exception or variance shall be consistent with the standards for the zoning district in which the use

is permitted by this Ordinance. The Board of Zoning Appeals may specify the appropriate

standards for all uses permitted by special exception or variance.

4-1

Accessory Uses

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

4.1 ACCESSORY USES

Accessory uses such as the following are authorized in all districts subject to the provisions of any and all

recorded restrictive covenants running with the land:

A. Accessory Buildings, Garages, Carports *Note 1 & 2 & 3

B. Driveways, Curbs and Sidewalk *Note 4

C. Fences, Hedges and Retaining Walls *Note 5 & 6

D. Lamp Posts, Mail boxes, Name plates

E. Parking Spaces *Note 7

F. Private Swimming Pools enclosed by a 5-foot high fence or 5-foot vertical enclosure integral with

an above ground pool, or a horizontal pool cover approved as per the specifications and

requirements of the Indiana Swimming Pool Code.

G. Public utility installations for local service (such as poles, lines, hydrants, and telephone booths)

H. Trees, Shrubs, Plants, and Flowers *Note 6

Note 1: All accessory buildings, garages and carports must comply with the Indiana Building Code

requirements. All Accessory structures must be subordinate to the primary structure. Prohibited structures

include, but are not limited to, truck boxes, buses, and/or miscellaneous vehicle bodies.

Note 2: A building, structure, or use which:

1. is subordinate to and serves a principal building, structure, or use in area, extent, or

purpose; and

2. contributes to the comfort, convenience, or necessity of occupants of the principal

buildings, structures, or principal uses served; and

3. does not alter or change the character of the premises; and

4. is located on the same zoning lot as the principal building, structure, or use; and

5. conforms to the setback, height, bulk, lot coverage, and other requirements of this

Ordinance unless otherwise provided for by this Ordinance; and

6. may not be constructed prior to the time of construction of the principal building or

structure; and

7. is not designed for human occupancy as a dwelling or commercial use.

Note 3: See Accessory Building/Structure Standards, Section 4.4

Note 4: See Entrance & Driveway Standards, Section 4.10

Note 5: See Fence Standards, Section 4.8

Note 6: See Sight Visibility Standards, Section 4.9

Note 7: See Parking Standards, Section 4.11

4-2

Miscellaneous Standards

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

4.2 MISCELLANEOUS RESTRICTIONS

A. Through-Lots

In the case of a through-lot, the area at each end of the lot between the setback line and the right-

of-way line shall be considered as if it were a part of the front yard.

B. Access to Public Streets

Every principal building hereafter erected shall be on a zoning lot or parcel of land which adjoins a

public street or a permanent easement of access to a public street; such easement to be at least

twenty (20) feet wide unless a lesser width was duly established and received prior to the effective

date of this ordinance.

C. Residential Home Requirements

1. All residential homes hereafter constructed shall be larger than 950 square feet of

occupied space, shall be placed on a permanent foundation as described herein, and shall

have a roof pitch and roofing materials as described herein.

2. All dwelling units must be at least 23 feet in width, with the front entrance facing the street

or roadway, as per the designed floor plan of the home.

3. All residential homes shall have a roof composed of a material customarily used on site-

built residential dwellings, such as asbestos, fiberglass, shake asphalt, or tile, which shall

be installed onto a surface appropriately pitched for the materials used and not having a

roof pitch of less than 2 ½ to one.

D. Specific Standards for Manufactured Homes

The establishment, location, and use of manufactured homes which have been constructed and

manufactured after January 1, 1981 as scattered site residences shall be permitted in any zone

permitting installation of a dwelling unit, subject to requirements and limitations applying generally

to that residential use in the district and providing such homes meet the following requirements and

limitations.

1. The home shall meet all requirements applicable to single-family dwellings and

possess all necessary improvement location, building, and occupancy permits and

other certificates required by the Code.

2. The home shall be larger than 950 square feet of occupied space as defined in IC

36-7-4-1106(a) or meet the minimum square footage requirements for the

appropriate zone.

3. All dwelling units must have an underfloor space enclosure that serves as the

foundation or weight-bearing and supporting foundation for the dwelling unit, and

which totally encloses said underfloor space and removes from exterior view all

underfloor space of the dwelling unit and which must be of continuous exterior

masonry or concrete.

4. The home shall be attached and anchored to a permanent foundation

conformance with the regulation in the Indiana One and Two Family Dwelling Code

and with manufacturer’s installation specifications.

5. The home shall be covered with an exterior material customarily used on site-built

residential dwellings, and this material shall extend over the top of the foundation

(or meet the community’s site-built residential dwelling home standards).

6. The home shall be located on the site with the front entrance door facing the street

or roadway, as per the designed floor plan of the home.

4-3

Miscellaneous Standards (Continued)

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

E. Pond Requirements

If a pond is maintained on the property, either a retaining pond or a recreational pond, there shall

be a setback of 50’ from the property line to the edge of the dam and 50’ from the road right-of-

way, if applicable. If there is no dam or levee then the water must be 50’ from the property line and

50’ from the road right-of-way if applicable. All ponds must comply with the Jay County Drainage

Ordinance.

F. Satellite and Digital Dish Systems

1. All satellite and digital dish receiving systems, having a diameter greater than four (4) feet,

shall be located within the rear or side yard of any residential zoned lot.

2. In the case of a corner lot, the satellite receiving system shall not be placed in either yard

adjacent to a street.

3. All satellite receiving systems shall be placed a minimum of five (5) feet inside the property

line of the owner’s lot. No system shall be placed in any right-of-way.

4. No satellite system, if elevated, shall exceed a height of 20 feet.

5. If affixed to a structure, digital dish systems shall be attached to a side or rear of the

structure when possible.

6. A permit shall be obtained prior to the placement of any satellite dish system and a fee

paid as specified in the official fee schedule maintained in the Office of the Zoning

Administrator/Director.

G. Awnings

Fixed awnings conforming to the provisions of this section shall be permitted on all buildings.

1. Every fixed awning shall be located as to not interfere with the operation of any exterior

standpipe, stairway, or exit from any building.

2. No fixed awning shall be used as a landing for any fire escape or exterior stair.

3. Fixed awnings, including supporting frames, arms, brackets, and other devices shall be

constructed throughout of incombustible material, except that glass or fragile material shall

not be used in any part of the awning.

4. No part of a fixed awning projecting over a public way shall be less than seven (7) feet

above the existing or finished grade under that awning where pedestrian traffic is a

consideration.

5. No part of a fixed awning projecting over a public way shall be less than fourteen (14) feet

above the existing grade where vehicular traffic is a consideration.

6. The Zoning Administrator/Director shall have the right to compel the removal of any awning

erected, altered, or repaired in violation of this section.

7. Awnings on buildings or structures located in the Downtown Historic Preservation District

must comply with the Portland Historic Preservation Commission Ordinance and

Guidelines.

8. For awning signage regulations, see Section 8.

9. All awnings shall require a permit prior to installation.

H. Accessory Building/Structure

Accessory building/structure shall not be located less than five (5) feet from any property line.

Accessory building/structure shall be permitted on any lot provided said building/structure is zoning

compliant. Any building/structure that is 100 square feet or larger in area, whether temporary or

permanent, shall require a permit.

I. Mobile Homes

Mobile Homes are not permitted in the City of Portland or in the two-mile jurisdictional area, unless

placed in an established mobile home park.

4-4

Portland Zoning Ordinance Amended Ord. #2014-12

Non-conforming Uses

4-3 NON-CONFORMING USES AND STRUCTURES

A. Intent

Within the districts established by this ordinance or by amendments that may later be adopted,

there may exist:

1. Non-conforming lots;

2. Non-conforming structures;

3. Non-conforming uses of land;

4. Non-conforming uses of land and structures in combination; and

5. Non-conforming characteristics of use.

These were lawful before this ordinance was passed or amended, but they are prohibited,

regulated or restricted under the terms of this ordinance or may be under future amendments

hereto. It is the intent of this ordinance to permit these non-conforming uses to continue until they

are removed but not to encourage their survival. It is further the intent of this ordinance that non-

conforming uses shall not be enlarged upon, expanded or extended, nor be used as grounds for

adding other structures or uses which are prohibited elsewhere in the same district. (Note: Illegal

uses existing at the time this ordinance is enacted shall not be validated by virtue of its enactment.)

B. Incompatibility of Non-conforming Uses

Non-conforming uses are declared by this ordinance to be incompatible with permitted uses in the

districts in which such use is located. A non-conforming use of a structure, a non-conforming use

of land, or a non-conforming use of a structure and land in combination shall not be extended or

enlarged after passage of this ordinance by attachment on a building or premises of additional

signs intended to be seen from off the premises, or by the addition of other uses of a nature which

would be generally prohibited in the district in which such use is located.

C. Avoidance of Undue Hardship

To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the

plans, construction, or designated use of any building or development on which actual construction

was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon

which actual building construction has been carried on diligently. Where demolition or removal of

an existing building has been substantially begun preparatory to rebuilding, such demolition or

removal shall be deemed to be actual construction, provided that the work shall be carried on

diligently. Actual construction is hereby defined as work done which is beyond the preparation

stage and into that stage where the changes or additions are made permanent.

D. Single Non-conforming Lots of Record

In any district in which single-family dwellings are permitted, a single-family dwelling and customary

accessory buildings may be erected on any single lot of record after the effective date of adoption

or amendment of this ordinance notwithstanding limitations imposed by other provisions of this

ordinance. Such lots must be in separate ownership or included in a subdivision of record in the

office of the County Recorder at the time of passage of this ordinance. This provision shall apply

even though such lots fail to meet the requirements for area or width, or both, that are generally

applicable in the district, provided that yard dimensions and requirements other than those applying

area or width, or both, of the lots shall conform to the regulations for the district in which such lots

are located. (Also see Section 4.6). Variances of requirements listed in Section 4 of this

ordinance, other than lot area or lot width shall be obtained only through action of the Board of

Zoning Appeals as provided in Section 10.3. (Note: This section shall apply only to single-family

residences.)

4-5

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

Non-conforming Uses (Continued)

E. Non-conforming Lots of Record in Combination

If two or more lots or a combination of lots and portions of lots with continuous frontage in single

ownership are of record at the time of passage or amendment of this ordinance and if all or part of

the lots with no buildings do not meet the requirements established for lot width and area, the lands

involved shall be considered to be an undivided parcel for the purposes of this ordinance and no

portion of said parcel shall be used or sold in a manner which diminishes compliance with the lot

width and area requirements established by this ordinance, nor shall any division of any parcel be

made which creates a lot with width or area below the requirements stated in this ordinance.

F. Non-conforming Uses of Land

Where, at the time of adoption of this ordinance, lawful uses of land exist which would not be

permitted by the regulations imposed by this ordinance, the uses may be continued so long as they

remain otherwise lawful, provided:

1. No such conforming uses shall be enlarged or increased, nor extended to occupy a greater

area of land than was occupied at the effective date of adoption or amendment of this

ordinance.

2. No such non-conforming uses shall be moved in a whole or in part to any portion of the lot

or parcel other than that occupied by such uses at the effective date of adoption or

amendment of this ordinance.

3. If any such non-conforming uses of land are discontinued or abandoned for more than one

year (except when government action impedes access to the premises), any subsequent

use of such land shall conform to the regulations specified by this ordinance for the district

in which such land is located.

4. No additional structure not conforming to the requirements of this ordinance shall be

erected in connection with such non-conforming use of land.

G. Non-conforming Structures

Where a lawful structure exists at the effective date of adoption or amendment of this ordinance

that could not now be built under the terms of this ordinance by reason of restrictions on area, lot

coverage, height, yards, its location on the lot, bulk, or other requirements concerning the structure,

such structure may be continued so long as it remains otherwise lawful, subject to the following

provisions:

1. No such non-conforming structure may be enlarged or altered in a way, which increases its

non-conformity, but any structure or portion thereof may be altered to decrease its non-

conformity.

2. Should such non-conforming structure or non-conforming portion of structure be destroyed

by any means to the extent of more than 50 percent of the fair market value of the building

immediately prior to the damage, it shall not be reconstructed except in conformity with the

provisions of this ordinance.

3. Should such structure be moved for any reason for any distance whatever, it shall

thereafter conform to the regulations for the district in which it is located after it is moved.

4-6

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

Non-conforming Uses (Continued)

H. Non-conforming Uses of Structures and Land in Combination

If a lawful use involving individual structures, or if a structure and land in combination, exists at the

effective date of adoption or amendment of this ordinance that would not now be allowed in the

district under the terms of this ordinance, the lawful use may be continued so long as it remains

otherwise lawful, subject to the following provisions:

1. No existing structure devoted to a use not permitted by this ordinance in the district in

which it is located shall be enlarged, extended, constructed, reconstructed, moved, or

structurally altered except in changing the use of the structure to a use permitted in the

district in which it is located.

2. A non-conforming use may be extended throughout any parts of a building, which were

manifestly arranged or designed for such use at the time of adoption or amendment of this

ordinance, but no such use shall be extended to occupy any land outside such building.

3. Any structure, or structure and land in combination, in or on which a non-conforming use is

superseded by a permitted use, shall thereafter conform to the regulations for the district,

and the non-conforming use may not thereafter be resumed.

4. When a non-conforming use of a structure, or structure and land in combination is

discontinued or abandoned for more than six (6) months (except when government action

impedes access to the premises), the structure or structure and land in combination, shall

not thereafter be used except in conformity with the regulations of the district in which it is

located.

5. Where non-conforming use status applies to a structure and land in combination, removal

or destruction of the structure shall eliminate the non-conforming status of the land.

I. Repairs and Maintenance

On any non-conforming structure or portion of a structure containing a non-conforming use, work

may be done in any period of twelve consecutive months on ordinary repairs, or on repair or

replacement of non-bearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten

percent of the current replacement cost of the non-conforming structure and market value of real

estate, or non-conforming portion of the structure, whichever the case may be, provided that the

cubic content existing when it became non-conforming shall not be increased. Nothing in this

section shall be deemed to prevent the strengthening or restoring to a safe condition of any

building or part thereof declared to be unsafe by any official charged with protecting the public

safety, upon order of such official. If a non-conforming use becomes physically unsafe or unlawful

by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in

conformity with the regulations of the district in which it is located.

4-7

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

Home Occupation

4.4 HOME OCCUPATION

A. Purpose and Intent – It is the purpose and intent of this Section to provide for certain types of

home occupations to be conducted within a dwelling unit or accessory structure on the resident’s

premises. Two classes of home occupations are established based on the type and intensity of the

home occupation. Accordingly, minimum standards have been established for each class of home

occupation in order to assure compatibility of home occupations with other uses permitted in the

applicable district and to preserve the character of residential neighborhoods.

B. Home Occupations – Home occupations shall not be permitted except in compliance with this

section and other applicable law.

C. Application for Home Occupation – An application for an administrative Permit for a Type I

Home Occupation or Special Exception for a Type II Home Occupation shall be signed by all

owners and adult residents of the property in question and filed with the Department on forms

provided by the Department. The Zoning Administrator/Director shall review the application and

classify the proposed Home Occupation as a Type I or Type II based upon:

1. The established standards for Type I and Type II Home Occupations described in D and E

herein, and

2. General planning and zoning standards established by the Zoning Code.

4.4-1 Type I Home Occupation

The following standards are applicable to all Type I Home Occupations:

1. No person other than the residents of the dwelling unit on the subject premises named in

the application shall be engaged in such home occupation.

2. No more than fifteen (15) percent of the total gross floor area of the said dwelling unit shall

be used for such home occupation. The home occupation may not utilize more than fifty

(50) percent of any one floor of the dwelling unit.

3. No outdoor storage or display of products, equipment, or merchandise is permitted.

4. No retail sales shall be conducted on the premises.

5. No publication or advertising shall use the residential address of the home

occupation.

6. No outdoor signage. Exterior evidence of the conduct of a home occupation is not

permitted.

7. The home occupation shall be conducted exclusively within the dwelling unit or accessory

structure.

8. No equipment, process, or activity shall be used in a home occupation which creates

noise, vibration, glare, fumes, odors, or electrical or television interference which is

detectable to the normal senses outside the dwelling unit or accessory structure.

9. No traffic shall be anticipated by a home occupation in substantially greater volumes than

would normally be expected by one (1) dwelling unit in a residential neighborhood. No

vehicle or delivery truck shall block or interfere with normal traffic circulation.

10. No specific outside entrance or exit for the home occupation shall be permitted.

11. No use, storage, or parking of tractor trailers, semi-trucks, or heavy equipment (e.g.

construction equipment) shall be permitted on or about the premises.

4-8

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

Home Occupation (Continued)

The following uses are examples of home occupation, which may be classified as a Type I:

a. Telephone answering and solicitation

b. Home crafts, but no home sales.

c. Computer programming, desktop publishing

d. Typing or secretarial service

e. Painting, sculpturing or writing

f. Dressmaking, sewing, or tailoring

g. Consulting services

h. Internet or Mail order business, not including retail sales from site

i. Sales representative, office only

j. In-Home Child Day-Care

4.4-2 Type II Home Occupation

The following standards are applicable to all Type II Home Occupations:

1. One (1) person other than the residents of the dwelling unit on the subject premises named

in the application may be engaged in such home occupation.

2. No more than FIFTEEN (15) percent of the total gross floor area of the said dwelling unit

shall be used for such home occupation. Inventory and supplies shall not occupy more

than fifty (50) percent of the area permitted to be used as a home occupation.

3. No outdoor storage or display of products, equipment or merchandise is permitted.

4. Retail sales are permitted only as an accessory use to the primary home occupation (e.g.

beauty salon can sell shampoo and beauty products).

5. Exterior evidence of the conduct of a home occupation is not permitted except one (1) non-

illuminated sign not to exceed eight (8) square feet.

6. The home occupation shall be conducted exclusively within the dwelling unit or accessory

structure.

7. No equipment, process, or activity shall be used in a home occupation which creates

noise, vibration, glare, fumes, odors, or electrical or television interference which is

detectable to the normal senses outside the dwelling unit or accessory structure.

8. No traffic shall be anticipated by a home occupation in substantially greater volumes than

would normally be expected by one (1) dwelling unit in a residential neighborhood. No

vehicle or delivery truck shall block or interfere with normal traffic circulation.

9. A minimum of two (2) off-street parking spaces, in addition to those required for the

dwelling unit, shall be provided for use by patrons of the home occupation. The Board of

Zoning Appeals may require additional off-street parking based upon the use and location

of the property.

10. No use, storage, or parking of tractor trailers, semi-trucks, or heavy equipment (e.g.

construction equipment) shall be permitted on or about the premises.

The following uses are examples of home occupation which may be classified as a Type II:

a. Carpentry, cabinet makers

b. Ceramics which involve the use of a kiln

c. Catering or food preparation

d. Pet grooming service

e. Barber or Beauty shop

f. Nail Salon

4-9

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

Home Occupation (Continued)

D. General Provisions

All home occupations shall conform to the following standards:

1. Approval of a home occupation is not transferable to a location other than that which was

approved.

2. In no case shall a home occupation be open to the public at times earlier than 7:00 a.m.

nor later than 9:00 p.m.

3. All home occupations shall be subject to periodic inspections. Reasonable notice shall be

provided to the permittee prior to the time requested for an inspection.

4. The Zoning Administrator/Director, in the case of an Administrative Permit for a Type I

Home Occupation, or the Board of Zoning Appeals in the case of a Special Exception

Permit for a Type II Home Occupation, may impose reasonable conditions necessary to

protect the public health, safety, and welfare, or to protect against a possible nuisance

condition.

5. Administrative Permits issued by the Zoning Administrator/Director, or Special Exception

Permits issued by the Board of Zoning Appeals may be revoked by the issuing authority for

cause after reasonable notice to the permittee and an opportunity for hearing on the

matter.

6. Home occupations shall commence only after the receipt of an Administrative Permit if

classified as a Type I, or Special Exception Permit if classified as a Type II.

E. Permit Review Process

Applications for a home occupation shall be reviewed as follows:

1. Application filed, with authorization from property owner.

2. Review of application by the Zoning Administrator/Director to determine classification as a

Type I or Type II.

3. If classified as a Type I:

a. Zoning Administrator/Director can approve or deny the application.

b. If approved, an Administrative Permit for the home occupation shall be issued.

c. Zoning Administrator/Director may impose reasonable conditions as part of the

approval.

d. Applicant may appeal to the Board of Zoning Appeals if application is denied or if

conditions are unacceptable. On appeal of a condition(s), appeal must be filed

within fourteen (14) days of the date of the Zoning Administrator/Director’s

approval of the Administrative Permit.

4. If classified as a Type II, the application shall be reviewed and treated as a Special

Exception request.

5. The standards set forth in this section shall be incorporated as minimum conditions of

approval.

F. Enforcement

In the event the Zoning Administrator/Director determines that the operation of any home

occupation is in violation of this Section or any permit condition, notice shall be provided to the

permittee setting forth a description of the violation, corrective action required, and a date by which

such corrective action must be accomplished. The permit may be revoked if not corrected in the

manner and by the date specified in the notice in accordance with the revocation procedures

applicable to Special Exceptions. In addition, violations of this Section are subject to the penalties

provided for in this Ordinance.

4-10

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

Additional Development Standards

In Highway Service (HS) and

Central Business (CB) Districts

4.5 ADDITIONAL DEVELOPMENT STANDARDS IN “HS” AND “CB” DISTRICTS

PURPOSE & INTENT: The purpose of this Section is to address the unique characteristics of the

properties adjacent to the major transportation corridors in the City of Portland. These corridors have

unique traffic management needs, development pressures, and aesthetic characteristics that require the

establishment of additional development standards to meet the goals of the Comprehensive Plan and fulfill

the purpose of this Ordinance.

The intent is to require development along the City's corridors that is aesthetically consistent, responsive to

development pressures, and proportional to the area's traffic management issues.

A. Boundaries & Exemptions: The Additional Development Standards shall apply to all properties

as indicated on the Official Zoning Map of the City of Portland. All agricultural, industrial, and

single and two-family residential uses shall be exempt from the requirements of these standards.

B. Uses: All uses permitted in Highway Service (HS) and Central Business (CB) districts are

permitted. All uses that are special exceptions in the Highway Service (HS) and Central Business

(CB) districts are special exceptions.

C. Development Standards: All development within the boundaries of the HS and CB district(s) shall

comply with the following development standards.

1. Roofs: Roof features should add interest to the area and compliment the character of

adjoining neighborhoods.

a. Mechanical equipment located on the roof shall be completely screened by a

parapet or other building feature.

b. Sloped roofs shall not exceed the average height of the supporting walls.

c. Sloped roofs shall have overhanging eaves that extend past the supporting walls.

d. Sloped roofs shall either be of architectural standing seam metal, tile, slate, or

dimensional shingles.

2. Building Materials: Exterior building materials and colors shall generally be aesthetically

pleasing and compatible with materials and colors used in adjoining neighborhoods.

a. The exterior materials shall be a combination of brick; wood; stone; tinted and

textured concrete masonry units; architectural precast concrete, architectural

metal; and other products that replicate the appearance and durability of these

materials. The use of smooth faced concrete block, un-textured smooth faced tilt-

up concrete panels, and standing seam steel panels shall be prohibited. The

Zoning Administrator/Director shall approve or deny the use of all composite and

alternative materials.

b. Facade colors shall be low reflectance, subtle, neutral, or earth tone colors.

Building trim and accent areas may feature brighter colors, including primary

colors. The use of high intensity colors, metallic colors, black or fluorescent colors

is prohibited on all building exteriors.

4-11

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

Buffering & Screening Standards

4.6-1 BUFFERING STANDARDS

PURPOSE: The general purpose of buffering and screening is to soften the potential conflicts between the

potential uses in one zoning district and the potential uses in another, adjacent district by using setbacks

and landscaping. The potential degree (or intensity) of conflict (or potential conflict) between two zoning

districts determines the extent of the buffer yard required.

These Buffering Standards apply to the following districts:

Residential Districts – R4, R8, R10, RR // Business Districts – NB, HS, CB

Industrial District – IND // Agricultural Residential District – AR // Parks & Recreation District – PR

A. Buffer Yard Required: The matrix in the Buffer Yard Requirements table determines the type of buffer

yard that shall be installed by the subject development entirely on the subject property. The required buffer

yards shall meet the following minimum requirements:

4-12

Section 4

Buffer Yard Type 1:

Buffer yard type 1 shall be a minimum width of 10 feet in

addition to the yard setback required by this Ordinance. In

addition, 1 deciduous canopy tree must be planted in the

buffer yard for every 30 feet of contiguous boundary

between the subject and adjoining properties.

Buffer Yard Type 2:

Buffer yard type 2 shall be a minimum width of 20 feet in

addition to the yard setback required by this Ordinance. In

addition, 1 deciduous canopy tree and 2 evergreen trees

shall be planted in the buffer yard for every 35 feet of

contiguous boundary between the subject and adjoining

properties.

Buffer Yard Type 3:

Buffer yard type 3 shall be a minimum width of 30 feet in

addition to the yard setback required by this Ordinance. In

addition, a row of deciduous canopy trees shall be planted

parallel to the property line within the buffer yard with 1 tree

placed every 30 feet along the boundary between the

subject and adjoining properties. Also, a 6 foot tall opaque

wooden fence or brick or stone wall, a 4 foot tall undulating

mound planted with shrubs, or a row of evergreen trees

shall be placed parallel to the property line along the

boundary between the subject and adjoining properties.

If an undulating mound is used to fulfill the requirements, 1

shrub for every 5 feet of continuous boundary shall be

planted on the mound. If a row of evergreen trees is used

to meet the requirements, 1 tree shall be place every 15

feet along the property boundary

Portland Zoning Ordinance Amended Ord. #2014-12

Buffering & Screening Standards cont...

B. Buffer Yard Standards: The following general buffer yard standards will apply to all buffer yards.

1. The buffer yard standards only apply along the property lines where the two conflicting zoning

districts meet as specified in the Buffer Yard Requirement table. The required buffer yards shall be

installed despite the presence of streets, alleys, streams and other features separating property

lines in conflicting zoning districts.

2. The developer or owner of the subject property is responsible for installing the buffer yard at the

time the property is developed. The adjacent property owner shall not have to participate in

installing the buffer yard.

3. No buffer yard or required landscape materials shall be placed within any right-of-way, or septic

field.

4. All required buffer yard areas shall be provided entirely on the subject property and shall be in

addition to setbacks required by this Ordinance.

5. Required buffer yard trees may be placed either at regular intervals or in irregular patterns

representing a natural landscape unless otherwise specified. However, no 2 buffer yard canopy

trees shall be placed within 10 feet of one another.

6. All plantings in the buffer yard shall meet the planting standards provided in Section 4.7,

Landscaping Standards.

7. All portions of the buffer yard not planted with trees, shrubs or other landscaped materials shall be

covered with grass or other ground covering vegetation. Landscaping stone or other non-

vegetative surfaces may not be substituted for vegetation.

8. No landscaping required by this Section may be used to satisfy the minimum requirements of any

other provisions of this Ordinance.

9. All landscape materials must be properly maintained, kept in a neat and orderly appearance, and

be free from all debris and refuse. All landscaping materials shall be maintained consistent with

the maintenance requirements of Section 4.7, Landscaping Standards.

BUFFER YARDS REQUIRED GRID

4-13

Section 4

The Buffer Yard type indicated on the table below shall be provided on the subject property when...

the zoning district for

the subject property

is...

... and adjoining property is zoned...

or is the

right-of-way

of an Arterial

Street

IND

R10

PR, Parks & Rec.

AR, Agricultural Res.

RR, Rural Residential

R4, Low Residential

R8, Med. Residential

R10, High Residential

NB Neighborhood Bus.

HS, Highway Service

CB, Central Business

IND, Industrial

Portland Zoning Ordinance Amended Ord. #2014-12

Buffering & Screening Standards cont...

4.6-2 SCREENING STANDARDS

These Screening Standards apply to the following district(s):

Business Districts – NB, HS, CB // Industrial Districts – IND

A. Ground Level Requirements: All outdoor storage areas, dumpsters and waste container areas,

and mechanical equipment areas located on the ground shall be screened consistent with the

following requirements:

1. Outdoor Storage of Items for Sale: Permanent outdoor storage areas shall be enclosed

on all but 1 side by a 100% opaque fence or wall that provides screening from the view of

all adjacent streets and residentially zoned properties.

a. Temporary Seasonal Sales: Temporary seasonal areas shall be exempt from

this requirements.

b. Enclosure Standards: The enclosure shall not exceed 8 feet in height and no

stored materials shall exceed the height of the enclosure. The enclosure shall

either be constructed of wood, masonry, composite material, vinyl, or a storage

system structure that screens the items. All screening devices shall be

complimentary to the color of the exterior material of the primary structure on the

property.

2. Outdoor Storage of Manufactured Products, Production Materials, and/or

Equipment: Outdoor storage areas shall be screened from view of any adjacent

residentially zoned properties by a 100% opaque fence or wall. The enclosure shall not

exceed 8 feet in height and no stored materials shall exceed the height of the enclosure.

The enclosure shall either be constructed of wood, masonry, or a storage system structure

that screens the items. All screening devices shall be complimentary to the color of the

exterior material of the primary structure on the property.

3. Dumpsters, Waste Container, and/or Mechanical Equipment Areas: Ground level

locations for dumpsters, waste containers, and/or mechanical equipment, that are visible

from a residentially zoned area or a public street, shall meet the following standards:

a. Fencing: A 6 foot tall, 100% opaque fence of wood, brick, stone, composite

material, or vinyl construction, consistent with the exterior of the primary structure,

shall completely enclose the area. Opaque, 6 foot tall wooded gates shall be

provided to access the facility. The gates shall generally remain closed, except

when immediate access to the area is required. Air conditioning condensers shall

be exempt from this fencing requirements, but shall comply with the landscaping

requirements of Section 4.6-2(A)(3)(b).

b. Landscape Screening: Evergreen planting shall be provided around the exterior

perimeter of the area, outside of any required fencing.

i. If evergreen shrubs are used they shall be planted at a minimum of 4 feet

on center.

ii. If evergreen trees are used they shall be planted at a minimum of 8 feet

on center.

B. Roof-Top Requirements: All roof-top equipment, including all HVAC units, shall be screened

from the view of all adjacent residentially zoned properties by parapets, dormers, or other

architectural mechanical screens. The material of all such screens shall be consistent with the

exterior materials used on the facade of the structure.

4-14

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

Landscaping Standards

4.7 LANDSCAPING STANDARDS

PURPOSE: Landscaping is an essential part in the design and development of a site. Such plantings are

directly related to the general welfare of the community as well as the reduction of storm water runoff,

glare, and heat buildup.

These Landscaping Standards apply to the following districts:

Business Districts – NB, HS, CB // Industrial District – IND

A. Planting Standards: Under no circumstances shall any artificial plant be installed and/or counted

as part of the required plantings. All plant materials shall be living plants and shall meet the

following requirements.

1. Applicable Requirements: In no instance shall any landscaping required by this Section,

or by any other Section of this Ordinance, be used to meet the requirements of a different

Ordinance provision. In all cases the landscaping required by any Section of this

Ordinance shall be considered as being in addition to any other requirements.

2. General Requirements: All plant materials required by this Section shall be free of

disease, insects and/or damage at the time of the final inspection by the Zoning

Administrator Director.

3. Prohibited Locations: No landscaping materials, vegetation, plants, shrubs, trees,

retaining walls, bedding, lighting, or mounds may extend into any existing or proposed

right-of-way without written permission from the right-of-way holder.

4. Existing Vegetation: Any existing vegetation on site which is retained may be counted

towards any applicable minimum landscaping requirements.

5. Measurement Standards: All new trees required to be planted by this Ordinance shall be

measured as follows unless otherwise specified:

a. All deciduous and ornamental tree plantings shall have a minimum trunk size of 2

inches in diameter at the time of planting, measured at 6 inches above the rootball.

b. All evergreen trees shall be 5 feet in height at the time of planting, measured from

the top of the rootball.

c. All shrubs shall be 18 inches in height at the time of planting, measured from the

top of the rootball.

6. Earth Mounds: Earth mounds and berms shall be physical barriers that block or screen

the view similar to a hedge, fence or wall. Mounds shall be constructed with proper and

adequate plant material to prevent erosion. A difference in elevation between areas

requiring screening does not constitute an existing earth mound and shall not be

considered as fulfilling any mound requirement.

7. Grass: Species of grass normally grown as permanent lawns in Central Indiana shall be

planted and may be sodded or seeded. In swales or other areas subject to erosion solid

sod, erosion reducing net, or suitable mulch shall be used.

B. Design Standards: All proposed landscape materials should complement the form of the existing

trees and plantings. Light, water, soil conditions, and on-going maintenance requirements should

be considered in selecting plant materials.

1. Vehicle Overhang: Wheelstops or curbs shall be required to prevent parked vehicles

from hanging over any required landscaped area.

2. Groundcover: All areas not landscaped with hedges, walls, or trees shall be provided

with grass or other vegetative ground cover. In no case shall any required landscaping

area be covered with rock, mulch, or other non-living landscape material. In no instance

shall this provision be interpreted as prohibiting the placement of mulch around the base of

plantings.

4-15

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

Landscaping Standards cont...

C. Maintenance Requirements: Trees, vegetation, irrigation systems, fences, walls and other

landscape elements are considered elements of a project in the same manner as parking and other

site details. The owner of the property shall be responsible for the continuous and proper

maintenance of all landscaping materials, and shall keep them in a proper, neat and orderly

appearance, free from refuse and debris, and in good repair at all times.

1. All unhealthy or dead plant material shall be replaced by the next planting season. Other

defective landscape material shall be replaced or repaired within 3 months of the

occurrence of the defect.

2. Landscape materials are intended to grow, spread and naturally mature over time.

landscaping materials used to fulfill requirements of this Section may not be pruned or

otherwise treated so as to reduce overall height or level of opacity. Pruning, limbing-up,

topping, and other inhibiting measures including removal may only be practiced to insure

the public safety and to preserve the relative health of the material involved.

D. Foundation Requirements: A landscaped area shall be provided around the foundation of each

primary structure. For industrial uses, the landscaped area shall only be required around portions

of the building used for offices and other locations where visitors typically enter the structure.

E. Parking Lot Perimeter Requirements: all parking lots shall be separated from all planned public

rights-of-way by a landscaping area. Lots include parking spaces, interior drives, and loading

areas. The landscape area shall be planted with either 1, or a combination of the following options:

1. Option 1 - Trees & Shrubs: A minimum of 1 tree shall be provided for every 600 square

feet of landscaped area, with a maximum of 1 tree for every 400 square feet. The trees

may be a combination of ornamental and deciduous canopy trees, however no more that

60% of the required trees may be ornamental. In addition, 1 shrub shall be provided for

every 100 square feet of landscaped area.

2. Option 2 - Landscape Berm: A landscape berm that is a minimum of 3 feet in height

shall be established along the entire length of the landscaped area. A minimum of 1 shrub

shall be provided for every 4 linear feet of berm. All required shrubs shall be planted on

the berm. No permanent or temporary signs or other non-landscaping objects shall be

placed upon the berm.

F. Parking Lot Interior Requirements: To help reduce excessive heat build-up and emissions from

large areas of hard surfacing, landscape areas must be provided within parking lots.

1. Landscaped Areas Required: Landscape islands with a combined surface area equal to

5% of the area of the parking lot (including all parking spaces and interior drives beyond

the right-of-way, but excluding all loading docks and truck maneuvering areas) shall be

provided in all parking lots with more than 50 parking spaces.

2. Landscaped Area Standards: The required landscape areas shall meet the following

requirements:

a. All required landscaped areas shall consist of curbed islands or peninsulas that are

surrounded on at least two sides by pavement. Landscaping on the perimeter of

the parking lot shall not be counted toward this requirement.

b. all landscape islands shall be a minimum of 180 square feet in area.

c. The required landscaping areas shall generally be grouped together and

coordinated for the following purposes:

i. establishing an entry aisle to the property,

ii. separating interior drives from parking aisles, and

iii. indicating the ends of aisles of parking spaces.

4-16

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

Fences, Hedges and Wall Standards

4.8 FENCES, HEDGES AND WALLS

PURPOSE: This Section is intended to provide for the regulation of the height and location of fences,

hedges, and walls in order to provide adequate light, air, and privacy, and to protect the public welfare by

preventing visual obstructions along public ways.

These General Fence, Hedge, & Wall Standards apply to the following districts:

Residential – RR, R4, R8, R10 // Business – HS, CB, NB // Industrial – IND

A. Setbacks: Fences, latticework, screens, hedges, or walls shall be set back to the front line of the

house. All district rear yard setbacks shall apply. This restriction shall also apply to corner lots that

are considered to have two front yards. Such fences or hedges shall be placed a minimum of 3 feet

inside the property line of the Owner’s lot. All setbacks are subject to the Sight Visibility Standards

Requirement (Section 4.9).

If a fence or hedge is to be placed closer than 3 feet or centered on the property line, an agreement

must be signed by all adjoining property owner's affected by the fence placement. This form must

then be filed in the office of the Jay County Clerk prior to any permit being issued. If a fence or

hedge is to be cost-shared with the adjoining property owner, then written statements from each of

the property owners declaring the intent to cost share the fence must be submitted with the

application for the permit. A cost-shared fence or hedge may be centered on the property line.

B. Height Measurements: In any residential district, ornamental fences and hedges shall not exceed

3 feet in height in the required front yard or 7 feet in height in the required side or rear yard, except

that open chain link fences may be erected to 4 feet in height in the front yard.

C. Prohibited Fences: No residential fence may be constructed of metal siding, barbed wire, nor

may it be electrified. These restrictions do not apply in regard to construction or maintenance of a

fence of any height in connection with an agricultural use. In no instance shall this be interpreted

as prohibiting the use of invisible fences.

D. Permitting: All fences or hedges which serve the same purposes as a fence, require a permit

prior to installation. Applications for a permit to construct or install a fence or hedge, which serves

the same purposes as a fence, shall be submitted to the Zoning Administrator/Director.

4.8-1 AGRICULTURAL FENCES

In areas zoned Agricultural Residential (AR), fences used for the purposes of animal grazing and/or

pasture land shall be setback 1 foot from the property line unless it is a joint fence, in which case the fence

shall be placed on the property line. Such fencing does not require a permit.

4-17

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

Sight Visibility Standards

4.9 SIGHT VISIBILITY STANDARDS

PURPOSE: The intent of this Section is to provide for a safe vehicular and pedestrian transportation

system. The visibility at intersections, driveways, curb cuts, and entrances are particularly important for the

safe movement of vehicles and pedestrians.

A. Sight Visibility Requirements:

All intersections must maintain an area (Sight Visibility Triangle) where primary or accessory

structures, fences, trees, vegetation (other than agricultural crops), or signs, (other than road

signs), are not allowed to be placed or to project over a height of 2.5 feet measured from the

nearest top-of-curb or edge of pavement where curbs are not present.

B. Sight Visibility Triangle Dimensions:

The Sight Visibility Triangle shall be established by connecting points located along the intersecting

rights-of-way at the distances from the point of intersection required by the Sight Triangle

Dimensions table.

Sight Triangle Dimensions

4-18

Section 4

When the following type of street

intersects any other type of street..

...the distance from the point of

intersection shall be...

Arterial

10 ft.

Alley

25 ft.

Collector / Local

25 ft.

Portland Zoning Ordinance Amended Ord. #2014-12

Entrance and Driveway Standards

4.10 ENTRANCES & DRIVEWAYS

A. Spacing

Entrances and driveways must be spaced away from intersections for vehicular and pedestrian

safety and to reduce traffic congestion. Spacing should be as follows in Table G (see Figure 5.1

for reference).

TABLE G

DRIVEWAY / ENTRANCE TO INTERSECTION REQUIREMENTS

ROAD CLASS. / DISTRICT

AR / RR

R10

IND

ARTERIAL

60 FT

70 FT

80 FT

COLLECTOR (FEEDER)

40 FT

50 FT

60 FT

LOCAL STREET

30 FT

40 FT

50 FT

B. Width

Driveway width shall be a minimum of twenty-four (24) feet for commercial and multi-family housing

uses and thirty-four (34) feet for industrial uses. There are no minimum driveway widths for single-

family residential uses.

4-19

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

Parking Standards

4.11 PARKING

A. General

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. Parking Spaces

As used in this Section, the term “parking space” means an area, not including any part of a street

or alley, designed or used for the temporary parking of a motor vehicle.

1. Each parking space laid out in each of the following designs having the following minimum

dimensions:

a. Handicapped As per ADA and Indiana Accessibility Standards*

b. Parallel 10 feet wide by 20 feet long

c. Right Angle (90

) 9 feet wide by 18 feet long

d. Sixty degree (60

) 9 feet wide by 18 feet long

e. Forty-five degree (45

) 9 feet wide by 22 feet long

The length for the right angle, sixty degree, and forty-five degree parking space shall be

measured at right angles to the edge of usable parking area forming the angles, exclusive

of passageway.

2. All uses which are required to provide handicapped parking areas shall be required to (a)

provide the minimum number of handicapped parking spaces required for said use, with

each parking space conforming to the dimensions shown above. (b) show the proposed

dimensions and location of all such handicapped parking spaces on all site plans, plats,

and other plans which will be reviewed by the Commission or BZA; and (c) comply with all

appropriate parking, traffic, safety, and handicapped accessibility codes.

3. Except for providing for the minimum number of off-street parking spaces required in this

Section for residential uses (exclusive of any commercial or lodging operations associated

with residential uses), parking spaces shall not be located in required front yards except in

business and industrial districts.

4. Parking spaces for any commercial or lodging operations associated with a residential use

shall be provided either in one of the side yards or the rear yard of such dwelling,

substantially out of public view from (a) the street fronting the front yard or an interior lot (or

both street frontages on a through-lot), and (b) both streets which front the side and front

yards on a corner lot (or all street frontages on corner lots which run the entire length of a

block).

5. Off-street parking shall be provided as shown in Table F.

C. Parking Areas

As used in this Section, “parking area” means a group of parking spaces or an open area not

including any part of a street or alley, designed or used for the temporary parking of motor vehicles.

1. Parking areas prescribed in this section for commercial and industrial uses must be located

either on the premises of such commercial or industrial use or on a site approved by the

Commission. Said off-street parking, however, must be located within three hundred (300)

feet of the respective commercial or industrial site.

4-20

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

Parking Standards (Continued)

2. Businesses with parking and driveways in Neighborhood Business (NB) Districts must be

paved with an impervious hard surface, if the driveway and parking area is more than

1,000 square feet in area. If less than 1,000 square feet, the area must have a dust control

solution applied and be kept clear of all vegetation (weed free).

3. All parking lots and driveways in Highway Service (HS), Central Business (CB), and

Industrial (IND) Districts for commercial, industrial, business, public and private employee

parking, offices, and places of assembly, and all interior drives for commercial and light

industrial developments must be paved with an impervious hard surface. In addition, all

parking lots must also conform to all the following requirements:

a. Be striped so as to show each parking space;

b. Meet all of the parking space requirements in Table F;

c. Be constructed to allow proper drainage;

d. Be designed to prevent vehicles from having to back into public streets; and

e. Entrances must meet all ingress or egress requirements in Section 4.10, Table G.

4. A group of business and/or industrial uses may provide a joint parking area if the number

of spaces required for all uses is adequate, and at least eighty percent (80%) of the total

sum required for each use. The Zoning Administrator/Director shall approve aggregate

parking lots such as mentioned above.

5. A church or temple or like uses may request to the Commission a down-sizing of parking

requirements if adequate parking is located near the use and which is available during the

times of use by the church or temple.

6. All parking areas are encouraged to be located in the rear and side yards for all uses of

property. The Commission shall hear requests for variations from this Section’s

requirements only if the parking areas are located in the side or rear lots; front lot parking

shall have no flexibility.

Parking Standards: Table F - Minimum Parking Requirements

Residential Required Parking Spaces

4 spaces

Per Single-Family Dwelling

2 spaces

Per Household in a Two-Family Dwelling or Duplex

2 spaces

Per Household in a Multi-Family Dwelling or Apartment

2 spaces

Per Household in a Mobile Home Park or Retirement

Community

4-21

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

Parking Standards (Continued)

Parking Standards Table F – Non-Residential Parking Requirements

Spaces Required: The minimum number of parking spaces required per property shall be determined by

adding up the spaces required for each applicable statement in the table that follows:

Non-Residential Required Parking Spaces

(sq. ft. indicates square feet of gross floor area)

The following number

of parking spaces is

required...

...for every...

1 space

employee working on the largest shift

1 space

business vehicle stored on-site

...in addition to...

...for every

1 space

3 seats in a restaurant, auditorium, gymnasium, church

or movie theater

1 space

500 sq. ft. in all auto/boat/RV or farm implement sales

facility show rooms

1 space

item on display at an auto/boat/RV or farm implement

dealership (to be used for each display item)

1 space

400 sq. ft. of gross floor area in all hardware home

improvement, furniture, and large appliance stores

1 space

200 sq. ft. of gross floor area in all medical or dental

office or clinic

1 space

200 sq. ft. of gross floor area in any fitness center, health

spa, or entertainment center

1 space

250 sq. ft. in any administrative or professional business

office, library, museum, or art gallery

1 space

200 sq. ft. in any car wash, repair, or modification center

1 space

300 sq. ft. of gross floor area in all convenience stores,

banks, gas stations, grocery stores, department stores,

and other retail facilities

1 space

6 children permitted by capacity in any day care facility

1 space

sleeping unit in a hotel, motel, and bed and breakfast

20 spaces

nine holes at any golf course

2 spaces

classroom in elementary and middle schools or high

schools with a gym or auditorium

1 space

4 students for which a high school without an auditorium

or gym is designed

1 space

20 student for which a high school with an auditorium or

gym is designed

1 space

4 students for which a community college, business,

vocational, trade, or commuter-based school is designed

1 space

2 on-campus residents of a resident-student based

college or university

1 space

100 sq. ft. of recreational area at a swimming pool

or skating rink

20 spaces

field or court at a sports facility

1 space

3 patient beds at a hospital or nursing home

1 space

200 sq. ft. in a personal service business, beauty or

barber shop, or dry cleaners

5 spaces

lane at a bowling alley

1 space

5000 sq. ft. at a self-storage facility

1 space

for every 5 hanger or tie-down spaces at an airport

or heliport

4-22

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

Industrial Standards

4.12 INDUSTRIAL PERFORMANCE STANDARDS

A. General

No Light Industrial use shall be located within the jurisdiction of the Portland Advisory Plan

Commission which is injurious to the health or safety of humans or animals, injurious to vegetation,

or which is noxious or offensive, by reason of the omission of smoke, particulate matter, dust, odor,

gas and fumes, glare, vibration or noise and sound beyond the confines of the building in which

such industry is conducted.

B. Exceptions

The restrictions of this section shall not apply to:

1. The activities of site preparation or construction, maintenance, repair, alteration,

modification or improvement of buildings.

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, accidents, failure or

breakdown or equipment or facilities of emergencies.

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

property, or

5. Processes for which there are no known means of control. Research shall be promptly

conducted to discover methods of control leading to installation of corrective equipment.

C. Interpretation

For the purpose of this section, certain terms and words shall be interpreted and defined as follows:

DECIBEL - A unit of measurement of the intensity or loudness of sound. Sound level meters are

used to measure such intensities and are calibrated in decibels.

FLASH POINT - The lowest temperature at which a combustible liquid under prescribed conditions

will give off a flammable vapor which will burn momentarily using the closed cup method.

FREE BURNING - A rate of combustion described by a material which burns actively and easily

supports combustion.

INTENSE BURNING - A rate of combustion described by a material that burns with a high degree

of activity and is consumed rapidly.

MODERATE BURNING - A rate of combustion described by a material which supports combustion

and is consumed slowly as it burns.

PARTICULATE MATTER - Finely divided liquid or solid material which is discharged and carried

along in the air.

RINGELMANN NUMBER - The number of the area on the Ringelmann chart that most nearly

matches the light-obscuring capacity of smoke. The Ringelmann chart is described in the U.S.

Bureau of Mines Information Circular 6888, on which are illustrated graduated shades of gray for

use in estimating smoke density. Smoke below the density of Ringelmann No. 1 shall be

considered no smoke or Ringelmann No. 0.

4-23

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

Industrial Standards (Continued)

SLOW BURNING OR INCOMBUSTIBLE - Materials which do not in themselves constitute an

active fuel for the spread of combustion. A material which will not ignite nor actively support

combustion during an exposure for five (5) minutes to a temperature of 1,200 degrees F.

SMOKE - Small gas-borne particles resulting from incomplete combustion, consisting

predominantly of carbon and other incombustible material, excluding metallurgical fume and dust,

and present in sufficient quantity to be observable independently or the presence of other solids.

VIBRATION - Oscillatory motion transmitted through the ground.

D. Application

The following general performance standards shall apply to all Light Industrial uses:

1. SMOKE - In any 24-hour period, visible emissions and malfunctions shall not exceed forty

percent (40%) of No. 2 of the Ringelmann’s Scale for more than an accumulated fifteen

(15) minutes.

2. DUST - No dust of any kind produced by the industrial operations shall be permitted to

escape beyond the confines of the building in which it is produced.

3. ODOR - No noxious odor of any kind shall be permitted to extent beyond the lot lines.

4. GASES AND FUMES - No gases or fumes, toxic to persons or injurious to property shall

be permitted to escape beyond the building in which they occur.

5. GLARE - No bright dazzling light produced by the industry shall be seen from any street or

any residential area.

6. WATER POLLUTION - No industrial operation or activity shall discharge, or cause to be

discharged, liquid or solid wastes into public waters unless in conformance with the

provisions of the Stream Pollution Control Law of the State of Indiana (Chapter 214, Acts of

1943, as amended) and the regulations promulgated thereunder. Plans and specifications

for proposed sewage and industrial waste treatment and disposal facilities shall be

submitted to and approval obtained from the Stream Pollution Control Board of the State of

Indiana.

7. FIRE HAZARDS - The storage, utilization or manufacture of solid materials or products

ranging from incombustible to moderate burning is permitted.The storage, utilization or

manufacture of flammable liquids or gases which produce flammable or explosive vapors,

shall be permitted in accordance with State and Federal statutes and regulations.

8. PARTICULATE MATTER -

Boiler-Generated - No particulate matter from a flue or stack leading from a boiler shall

exceed .8 pounds per million BTU’s.

4-24

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

Industrial Standards (Continued)

Foundry-Generated - No particulate matter resulting from a foundry process shall exceed the following:

Rate of Process Pounds of Particulate Matter Per Hour

(Pounds Per Hour)

1,000 3.00

2,000 4.70

3,000 6.35

4,000 8.00

5,000 9.65

6,000 11.30

7,000 12.90

8,000 14.00

9,000 15.50

10,000 16.65

12,000 18.70

16,000 21.60

18,000 22.80

20,000 24.00

30,000 30.00

40,000 36.00

50,000 42.00

60,000 48.00

70,000 49.00

80,000 50.50

90,000 51.60

100,000 52.60

Incinerator-Generated - No particulate matter resulting from an incinerator with a capacity to process 200 or

less pounds per hour shall exceed .3 pounds per thousand pounds of dry gas at standard conditions. All

other incinerators shall not exceed five (5) pounds per thousand pounds of dry gas at standard conditions.

Further, all incinerators shall have a primary and secondary combustion chamber.

All other processes - For all other processes, no particulate matter from any stack or flue shall exceed a

level determined by the following formulae:

Process under 60,000 pounds per hour

.67

E = 4.1P

Process over 60,000 pounds per hour

.11

E = 55P - 4P

Where:

E = Rate of emissions in pounds per hour

P = Rate of process in pounds per hour

4-25

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

Industrial Standards (Continued)

9. EXPLOSIVE MATERIALS - No activity involving the storage, utilization or manufacture of

materials or products which decompose by detonation shall be permitted unless

specifically licensed by the Council... Such activity shall be conducted in accordance with

the rules promulgated by the State Fire Marshal and the State Administrative Building

Council. Such materials shall include, but are not limited to, all primary explosives such as

lead azide, lead styphnate, fulminated, and tetracene; all high explosives such as TNT,

RDX, HMX, PETN, and picric acid; propellants and components thereof; such as

nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics

and fireworks such as magnesium powder, potassium chlorate, and potassium nitrate;

blasting explosives such as dynamite and nitroglycerine; unstable organic compounds

such as acetylides, tetrazoles, and ozonides; strong oxidizing agents such as liquid

oxygen, perchloric acid, perchlorates chlorates, and hydrogen peroxide in concentrations

greater than thirty-five percent (35%); and nuclear fuels fissionable materials and products,

and reactor elements such as Uranium 235 and Plutonium 239.

10. If the State or Federal government shall adopt more restrictive environmental controls,

those requirements shall apply to the provisions of this ordinance.

4-26

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

Loading Standards

4.13 LOADING

A. General

There shall be provided off-street loading berths not less than the minimum requirements specified

in this Section in connection with any building or structure which is to be erected or substantially

altered, and which requires the receipt or distribution of materials or merchandise by trucks or

similar vehicles.

B. Location

All required off-street loading berths shall be located on the same lot as the use to be served, and

no portion of the vehicle shall project into a street or alley. No permitted or required loading berth

shall be located within twenty-five (25) feet of the nearest point of intersection of any two streets,

nor shall it be located in a required front yard, or side yard adjoining a street.

C. Size

Off-street loading berths for over-the-road tractor-trailers shall be at least fourteen (14) feet in width

by at least sixty (60) feet in length with a sixty (60) foot maneuvering apron, and shall have a

vertical clearance of at least fifteen (15) feet. For local pick-up and delivery trucks, off-street

loading berths shall be at least twelve (12) feet in width by at least thirty (30) feet in length with a

thirty (30) foot maneuvering apron, and shall have a vertical clearance of at least fourteen (14) feet.

D. Access

Each required off-street loading berth shall be designed with appropriate means of vehicular

access to a street or alley in a manner which will least interfere with traffic movements.

E. Surfacing

All open off-street loading berths shall be improved with a compacted base not less than six (6)

inches thick, or equal, surfaced with not less than two (2) inches of asphalt, concrete, or some

comparable all-weather, dustless material.

F. Space Allowed

Space allowed to any off-street loading berth shall not, while so allocated, be used to satisfy the

space requirements of any off-street parking areas or portions thereof.

G. Off-Street Loading Berth Requirements

Minimum Number Required Gross Floor Area

1 up to 40,000 sq. ft.

2 40,000 to 80,000 sq. ft.

3 80,000 to 120,000 sq. ft.

4 120,000 to 160,000 sq. ft.

5 160,000 to 240,000 sq. ft.

6 240,000 to 320,000 sq. ft.

One additional off-street loading space shall be required for each additional 80,000 square feet

after 320,000 square feet.

4-27

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

Environmental Standards

4.14 ENVIRONMENTAL REGULATIONS

A. General

No land shall be used or structure erected where the land is unsuitable for such use or structure

due to slopes greater than ten percent (10%), adverse soil or rock formation, erosion susceptibility,

low percolation rate or bearing strength, or any other feature likely to be harmful to the health,

safety, prosperity, aesthetics, and general welfare of the community. In addition, the following

standards must be met:

B. Surface Water

It shall be the responsibility of the owner of any lot or parcel of land developed for any use other

than for agriculture to provide for adequate surface water drainage. When possible, existing

natural surface drainage may be utilized. Whenever the evidence available indicates that the

natural surface drainage is inadequate, the owner shall provide the parcel with an adequate

surface water system, which shall be integrated into the drainage pattern of surrounding properties.

When the surface drainage is adequate, easement for such surface drainage shall be provided.

On-site detention shall be required where necessary to prevent harm to adjoining properties.

C. Drainage

Drainage swales (ditches) along dedicated roadways and within the right-of-way or on dedicated

drainage easements are not to be altered, except for maintenance as originally constructed and as

approved by the County Highway Department, the Jay County Drainage Board, City Street

Department, or Indiana Department of Transportation. Driveways may be constructed over these

or other approved structures as permitted by the appropriate agency. All Class 1 Commercial or

Industrial structures must have the approval of the Jay County Drainage Board, before a permit can

be issued.

D. Permanent Structures

No permanent structures other than a fence may be erected, and if erected in violation of this

section, no such structure may be used if the location is within seventy-five feet of the centerline of

any legal tile ditch or within seventy-five feet of the existing top edge of any legal open ditch or tile

unless approved by the Jay County Drainage Board and the Portland Plan Commission.

E. Preservation of Natural/Historic Features

Existing natural and historic features which would add value to development of natural or manmade

assets of the county such as trees, streams, vistas, lakes, historical landmarks, and similar

irreplaceable assets, shall be preserved through harmonious and careful design. Land to be

developed shall be designed and improved as far as practical in conformity to existing topography

in order to minimize storm water runoff, and conserve the natural cover and soil.

F. Landscaping

Any part or portion of non-farm parcel which is not used for structures, loading or parking spaces,

sidewalks and accessory uses shall be landscaped or left in a natural state. If landscaped, they

shall be planted with an all-season ground cover and shall be landscaped with trees and shrubs in

accordance with the Development Plan and/or site plan and shall be in keeping with natural

surroundings. All live landscaping required by this code shall be properly maintained. All dead or

dying landscaping shall be replaced immediately and all sodded areas mowed, fertilized and

irrigated on a regular basis.

4-28

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

Environmental Standards (Continued)

G. Cut/Fill Grade

No cut or fill grade shall exceed a slope of 3:1 or 33 1/3 percent. This provision shall apply to all

cuts and fills exceeding 100 square feet in exposed surface area, including cuts or fills on land

naturally exceeding 3:1 in slope.

H. Erosion Prevention

All land, regardless of slope, from which structures or natural cover has been removed or otherwise

destroyed, shall be appropriately graded and seeded within a reasonable time of such activity to

prevent erosion.

I. Alterations to Shoreline

No alteration of the shoreline or bed of a river or public lake shall be made until written approval is

obtained from the Indiana Department of Natural Resources, and the provisions of this ordinance

are complied with. Alterations include, among other things, filling of a river or wetlands, dredging of

a riverbed, and ditch excavation within one-half mile of a water body.

J. Code Compliance/Hazardous Waste

All development must be in compliance with Title 7 of the Indiana Code, as amended, as it relates

to hazardous waste, low level nuclear waste, underground storage tanks, waste tires, and other

applicable chapters of said Title.

K. Code Compliance/Environmental Quality

All development must be in compliance with Title 13 of the Indiana Code, as amended, as it relates

to air pollution control, water pollution control, solid waste management, and other applicable

chapters of said Title.

L. Waste Disposal (Including Hazardous Waste Disposal)

No waste materials such as garbage, rubbish, gasoline, oil, flammables, soils, tars, chemicals,

greases, industrial or agricultural waste, or any other material of such nature, quantity,

obnoxiousness, toxicity, or temperature so as to contaminate, pollute, or harm the waters shall be

deposited, located, stored, or discharged on any lot in a way that would be likely to run off, seep, or

wash into surface or groundwater’s.

M. Fuel Storage

No highly flammable or explosive liquids, solids, or gases specified by the State Fire Marshal shall

be stored in bulk above ground, except tanks or drums of fuel connected directly with energy

devices or heating appliances located and operated on the same lot as the tanks or drums of fuel

and except for permitted agricultural uses and permitted uses in an I District.

N. Debris/Refuse

Debris and refuse shall not accumulate on any property, in any zoning district. Properties located

within the city limits of Portland, Indiana will be subject to the City of Portland Code of Ordinances,

Title 9, chapters 94 and 95.

O. Treatment of Fill

Bricks, concrete, lumber, and other material used for fill where permitted by this ordinance and/or

by the IDEM, DNR, or other governmental agency, shall be promptly covered and seeded.

P. View Requirements

Where a proposed structure will eliminate more than fifty percent of an adjacent structure’s view or

exposure to the sun, an additional yard area setback may be required by the Zoning

Administrator/Director so that the fifty percent (50%) view or exposure may be maintained.

4-29

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

Environmental Standards (Continued)

Q. Improvement Location Permit Requirements

Requirements for Improvement Location Permits can be found in Section 10 of this Ordinance.

The following activities are permitted, however, with no Improvement Location Permit required,

provided all other applicable standards are met:

1. Normal plowing and preparing the land for gardens and yards.

2. Normal trimming and/or removal of trees and shrubs for maintenance and/or site

preparation.

3. Earth movements related to farming and other agricultural activity, including sod farming.

4. Public and private road construction.

5. Drain tile laying and ditch cleaning.

6. Top soil removal, other than Mineral Extraction.

R. Health and Safety

No use shall be permitted which is injurious in health and safety of humans, animals, or vegetation,

or which is noxious by reason of the emission of odor, visual pollution, or other undesirable

nuisances which effects extend beyond the lot line where the use exists. For purposes of this

ordinance, any junkyard, whether a non-conforming use, or a conforming use, contained or existing

on any lot or lots adjacent to or within five hundred (500) feet of a public street, road, highway or

right-of-way is deemed to be noxious, constitutes visual pollution, and shall be abated, terminated,

removed and evacuated within one year from the date of signing of this amendatory ordinance

unless such junk yard shall be fenced or screened on each side visible from any public street, road,

highway or right-of-way with natural objects, plantings, fences, or other appropriate means, the top

of which shall be not less that eight (8) feet and which fence shall be sufficient to remove the junk

yard and all contents of the junk yard from sight so as not to be visible from the main-traveled way

of any street, road, highway of right-of-way. If the fencing cannot be completed within one year,

the owner may obtain a one year extension by filing specifications and a surety bond sufficient to

guarantee the completion of said fencing within one year after the Board of Zoning Appeals

approves said specifications and surety bond.

4-30

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

Confined Feeding Standards

4.15 CONFINED FEEDING STANDARDS

A Confined Feeding Operation cannot be established in the two (2) mile jurisdictional area of the City of

Portland. Any existing Confined Feeding Operation wishing to increase in size or expand the operation

must first apply for a public hearing with the Portland Board of Zoning Appeals. If approved, the Board of

Zoning Appeals may apply any reasonable conditions to the approval of the application in order to minimize

adverse effects of its use on neighboring properties including the Confined Feeding Regulations set forth in

the Jay County Zoning Ordinance, Section 216.

4.15-1 Confined Feeding/Intensive Livestock Definition

A. The confined feeding of animals for foods, fur, or pleasure purposes on lots, pens, ponds, sheds, or

buildings where:

1. Animals are confined, fed and/or maintained for at least 4t days during any 12 month

period; and

2. Ground cover or vegetation is not sustained over at least 50% of the animal confinement

area

a. where animals are assembled from at least 2 sources to be publicly auctioned or

privately sold on a commission basis;

b. that is under state or federal supervision.

c. Does not include a livestock sale barn or auction market where animals are kept

for not more than 10 days.

B. An intensive livestock operation is further defined for the purpose of this section and of this

Ordinance as:

1. Any existing or proposed livestock operation or an expansion of an existing livestock

operation regardless of acreage on which there are livestock numbers exceeding:

a. 200 Cattle or Horses

b. 400 Swine or Sheep

c. 5,700 Fowl or Ducks, dry

d. 5,500 Ducks, wet

2. Any operation using a waste lagoon or holding pit

3. Any animal feeding operation facility where the owner and/or operator elects to be under

Indiana Department of Environmental Management (IDEM).

4. Any animal feeding operation causing a violation of IC 13-18-10 or IC 13-18-4 as

determined by the Water Pollution Control Board or its successors.

5. Where a livestock operation involves less than 200 cattle or horses, 400 swine or sheep,

5,700 fowl or ducks dry, or 5,000 ducks wet, but there is more than one species of animal,

the total number of animals in each category shall be divided by 200 in the case of cattle or

horses, 400 in the case of swine or sheep, 5,700 in the case of fowl or ducks dry, 5,000 in

the case of ducks wet. The resulting percentages shall be added together. If the total of

such percentages equals or exceeds 100, then the operation is an intensive livestock

operation as defined herein, and as such, shall be subject to the provisions of this

Ordinance.

4-31

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

Small Wind Energy Conversion System

4.16 SMALL WIND ENERGY CONVERSION SYSTEMS - PRIVATELY OWNED

PURPOSE: It is the purpose of this regulation to allow the safe, effective and efficient use of small wind

energy systems installed to reduce the on-site consumption of utility supplied electricity.

FINDINGS: The City of Portland finds that wind energy is an abundant, renewable, and nonpolluting

energy resource and that its conversion to electricity will reduce our dependence on nonrenewable energy

resources and decrease the air and water pollution that results from the use of conventional energy

sources. Distributed small wind energy systems will also enhance the reliability and power quality of the

power grid, reduce peak power demands, and help diversify the State's energy supply portfolio. Small wind

systems also make the electricity supply market more competitive by promoting customer choice.

4.16-1 DEFINITIONS:

SMALL WIND ENERGY SYSTEM: A wind energy conversion system consisting of a wind turbine, a tower,

and associated control or conversion electronics, which has a rated capacity of not more than 100 kilowatts

(kW) and which is intended to primarily reduce on-site consumption of utility power.

TOWER HEIGHT: The height above grade of the fixed portion of the tower, excluding the wind turbine

itself.

TOWER EXTENDED HEIGHT: The height above grade to a blade tip at its highest point of travel.

4.16-2 REGULATIONS AND STANDARDS:

A. Allowed Use: Small wind energy systems shall be allowed as a permitted use in areas zoned

Agricultural Residential (AR) and a Special Exception use in Rural Residential (RR), Highway

Service (HS), and Industrial (IND) districts; subject to the Site Development Plan Requirements.

Not allowed in Parks & Recreation (PR), R4 Residential, R8 Residential, R10 Residential, or

Neighborhood Business (NB) districts.

B. Setback: The base of the tower shall be set back from all property lines, public right-of-ways, and

public utility lines a distance equal to the total extended height. Turbines shall be allowed closer to

a property line than its total extended height if the abutting property owner(s) grants written

permission and the installation poses no interference with public utility lines or public road and rail

right-of-ways.

C. Tower Height: So long as the total extended height meets sound and set-back requirements,

there shall be no specific height limitation, except as imposed by Federal Aviation Administration

regulations as stated in 4.16(H).

D. Sound: For wind speeds in the range of 0-25 mph, small wind turbines shall not cause a sound

pressure level in excess of 60 dB(A), or in excess of 5 dB(A) above the background noise,

whichever is greater, as measured at the closest neighboring inhabited dwelling. This level,

however may be exceeded during short-term events such as utility outages and severe wind

storms.

E. Wind Turbine Equipment: Small wind turbines must have been approved under the state public

benefits program or any other small wind certification program recognized by the American Wind

Energy Association.

4-32

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

Small Wind Energy System (Continued)

F. Requirement for Engineered Drawings: Building permit applications for small wind energy

systems shall be accompanied by standard drawings of the wind turbine structure and engineered

drawings of the tower, base, footings, and/or foundation as provided by the manufacturer. Wet

stamps shall not be required.

G. Soil Studies: For standard soil conditions (not including gravel, sand, or muck), foundations

developed by the wind turbine manufacturer shall be acceptable for turbine installations of 20kW or

less and will not require project-specific soils studies or an engineer's wet stamp.

H. Compliance with FFA Regulations: No WEC shall be constructed, altered or maintained so as

to project above any of the imaginary airspace surfaces described in FAR Part 77 of the FAA

guidance on airspace protection.

I. Compliance with National Electric Code: Building permit applications for small wind energy

systems shall be accompanied by a line drawing of the electrical components, as supplied by the

manufacturing, in sufficient detail to allow for a determination that the manner of installation

conforms to the National Electrical Code.

J. Utility Notification: No small wind energy system shall be installed until evidence has been given

that the utility company has been informed of the customer's intent to install an interconnected

customer-owned generator. Off-grid systems shall be exempt from this requirement.

K. Insurance: Additional insurance beyond homeowners' coverage shall not be required.

L. Abandonment: If a wind turbine is inoperable for six consecutive months the owner shall be

notified that they must, within six months of receiving the notice, restore their system to operation

condition. If the owner(s) fails to restore their system to operating condition within the six-month

time frame, then the owner shall be required, at his expense, to remove the wind turbine from the

tower for safety.

M. Signage: All signs, other than the manufacturer's or installer's identification, appropriate warning

signs, or owner identification on a wind generator, tower, building, or other structure associated

with a small wind energy system visible from any public road shall be prohibited.

N. Lighting: No illumination of the turbine or tower shall be allowed unless required by the FAA.

O. Access: Any climbing foot pegs or rungs below 12 feet of a freestanding tower shall be removed

to prevent unauthorized climbing. For lattice or guyed towers, sheets of metal or wood may be

fastened to the bottom tower section such that it cannot readily be climbed.

P. Improvement Location Permit: The applicant shall apply to the Zoning Administrator/Director for

an Improvement Location Permit prior to construction of a privately owned wind energy system.

4-33

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

WIND POWER ENERGY GENERATION REGULATIONS

4.17 WIND FARM STANDARDS - COMMERCIAL

PURPOSE: This Section is adopted to assure that any development and production of wind-generated

electricity under the jurisdiction of City of Portland is safe and effective, to facilitate economic opportunities

for local residents, and to provide a regulatory scheme for the construction and operation of Wind Energy

Facilities in the jurisdiction of the City of Portland, subject to reasonable restriction, this will preserve the

public health and safety.

4.17-1 DEFINITIONS:

WIND ENERGY CONVERSION SYSTEMS (WECS) - COMMERCIAL - All necessary devices that

together convert wind energy into electricity and deliver that electricity to a utility's transmission lines,

including but not limited to the rotor, nacelle, generator, WECS Tower, electrical components, WECS

foundation, transformer, and electrical cabling from the WECS Tower, the substations, switching stations,

meteorological towers, communications facilities and other required facilities and equipment, as related to

the WECS project.

SUBSTATION (WECS) - An apparatus that connects the electrical collection system of the WECS and

increases the voltage for connection with the utility's transmission lines.

SWITCHING STATION (WECS) - An apparatus / structure in the system similar to a substation but not

necessarily increasing voltage into the grid.

WECS PROJECT - The collection of WECS (as defined) as specified in the siting approval application

pursuant to this ordinance.

WECS TOWER - The support structure to which the nacelle and rotor are attached, freestanding or guyed

structure that supports a wind turbine generator.

WECS TOWER HEIGHT - The distance from the rotor blade at its highest point to the top surface of the

WECS foundation.

APPLICANT - The entity or person who submits to the City, an application for the siting of any WECS or

Substation or thereafter operates or owns a WECS.

FINANCIAL ASSURANCE - Means reasonable assurance from a credit-worthy party, examples of which

include a surety bond, trust instrument, cash escrow, or irrevocable letter of credit or combinations thereof.

OPERATOR - Means the entity responsible for the day-to-day operation and maintenance of the WECS,

including any third party subcontractors.

OWNER - Means the entity or entities with an equity interest in the WECS(s), including their respective

successors and assigns. Owner does not mean (i) the property owner from whom land is leased for

locating the WECS (unless the property owner has an equity interest in the WECS; or (ii) any person

holding a security interest in the WECS(s) solely to secure an extension of credit, or a person foreclosing

on such security interest provided that after foreclosure, such person seeks to sell the WECS(s) within one

year of such event.

PRIMARY STRUCTURE - Means, for each property, the structure that one or more persons occupy the

majority of time on that property for either business or personal reasons. Primary Structure includes

structures such as residences, commercial buildings, hospitals, and day care facilities. Primary Structure

excludes structures such as hunting sheds, storage sheds, pool houses, unattached garages and barns.

PROFESSIONAL ENGINEER - Means a qualified individual who is licensed as a professional engineer in

any state in the United States.

4-34

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

WIND POWER ENERGY GENERATION REGULATIONS

4.17-2 APPLICABILITY: This Section governs the siting of WECS(s) and Substations that generate

electricity to be sold to wholesale or retail markets, except that owners of WECS(s) with an

aggregate generating capacity of 3MW or less who locate the WECS(s) on their own property must

obtain a variance to this section. WECS may be sited in any area under the jurisdiction of the City

of Portland Zoning Ordinance.

4.17-3 PROHIBITION: No entity shall construct or operate a wind energy conversion system (WECS)

without having fully complied with the provisions of this Ordinance.

4.17-4 APPLICATION REQUIREMENTS:

Prior to the construction of a WECS, the Applicant shall obtain approval for the following:

A. An Application for the rezoning of the project properties to Industrial.

B. An Application for variances or special exceptions for any variances anticipated on the

WECS Project.

C. An Improvement Location Permit from the Zoning Administrator/Director.

4.17-5 APPLICATION FOR REZONING:

A. A WECS Project summary, including, to the extent available:

1. A general description of the project, including its approximate name plate

generating capacity; the potential equipment manufacturer(s), types(s) of

WECS(s), number of WECS(s), and name plate generating capacity of each

WECS; the maximum height of the WECS Tower(s) and maximum diameter of the

WECS(s) rotor(s); the general location of the project; and

2. A description of the Applicant, Owner, and Operator, including their respective

business structures.

B. The names(s), address(es), and phone number(s) of the Applicant(s), Owner and

Operator, and all property owner(s) with WECS on their properties, if known.

C. A topographic map of the project site and the surrounding area which shall encompass an

area at least a quarter mile radius from the proposed project site with contours of not more

than five foot intervals

D. A site plan at an appropriate scale showing (standard sheet of 36 inches by 24 inches and

individual tower site not greater than 1 inch equals 20 feet); the proposed location of the

wind energy facility (including planned locations of each WECS tower, guy lines and

anchor bases (if any); WECS access roads; substations; electrical cabling; and ancillary

equipment). In addition, the site plan shall show: primary structures within one quarter of

one mile of any WECS; property lines, including identification of adjoining properties;

setback lines; public roads; location of all above-ground utility lines within a distance of two

(2) time the WECS tower height of any WECS tower; location of all existing underground

utility lines associated with the WECS site; recognized historic or heritage sites as noted by

the Division of Historic Preservation and Archeology of the Indiana Department of Natural

Resources; and any wetlands based upon a delineation prepared in accordance with the

applicable U.S. Army Corps of Engineer requirements and guidelines.

E. Location of all existing underground utility lines associated with the WECS site.

F. The fee applicable to the Application for Rezoning shall be payable at the time of

submission of the application, and such fee shall be $20,000.00. The Application fee shall

be used to defray the costs associated with the Application for Rezoning, including

professional fees and expenses

4.17-6 APPLICATION FOR VARIANCES AND SPECIAL EXCEPTIONS:

Application for Variances or Special Exceptions shall include the above information and the stated

Variances or Special Exception desired. An application for special exception approval may be a

combined application provided all property owners where the WECS facilities are to be located are

co-applicants. The applicant may also submit a joint application for any variances that are needed

for the project area.

4-35

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

WIND POWER ENERGY GENERATION REGULATIONS

4.17-7 APPLICATION FOR IMPROVEMENT LOCATION PERMIT:

The Applicant shall apply to the Zoning Administrator/Director for an Improvement Location Permit.

In addition to the information required on the Improvement Location Permit Application, the

Applicant shall provide the following information to the Zoning Administrator/Director prior to the

issuance of an Improvement Location Permit:

A. Location of all above-ground utility lines within a radius equal to two (2) times the height of

the proposed WECS.

B. Location of all underground utility lines associated with the WECS site.

C. Dimensional representation of the structural components of the tower construction

including the base and footings.

D. Schematic of electrical systems associated with the WECS including all existing and

proposed electrical connections.

E. Manufacturer’s specifications and installation and operation instructions or specific WECS

design information.

F. Certification by a registered professional engineer that the tower design is sufficient to

withstand wind load requirement for structure as defined by International Code Council.

G. All turbines shall be new equipment commercially available. Used, experimental or proto-

type equipment still in testing shall be approved by the BZA as per the normal special

exception process.

H. Necessary recorded access easements and necessary recorded utility easements, copies

of which shall be submitted to the Zoning Administrator/director.

I. No appurtenances other than those associated with the wind turbine operations shall be

connected to any wind tower except with express, written permission by the BZA.

J. A transportation plan showing how vehicles would access the site and describing the

impacts of the proposed energy project on the local and regional road system during

construction and operation.

K. A re-vegetation plan for restoring areas temporarily disturbed during construction.

L. A fire protection plan for construction and operation of the facility.

M. Any other item reasonably requested by the Zoning Administrator/Director.

N. A drainage plan for construction and operation must be developed and approved by the

Jay County Drainage Board.

O. An erosion control plan must be developed in consultation with the Indiana Department of

Environmental Management Department (Rule 5).

Each WECS Tower shall require an Improvement Location Permit. The fee for each improvement

Location Permit shall be $2,500.00, which shall be used to defray the costs of professional

services, as well as other expenses associated with the issuance of Improvement Location Permits

4.17-8 DESIGN AND INSTALLATION - WIND ENERGY CONVERSION SYSTEM (WECS) COMMERCIAL

Design Safety Certification - A Wind Energy Conversion System shall meet the following standards:

A. WECS shall conform to applicable industry standards. Applicant shall submit certificates of

design compliance that wind turbine manufactures have obtained from Underwriters

Laboratories, Det Norske Vertas, Germanishcer Lloyd Wind Energie, or and equivalent

third party.

B. Following the granting of siting approval under this Ordinance, a Professional Engineer

shall certify, as part of the building permit application that the foundation and tower design

of the WECS is within accepted professional standards, given local soil and climate

conditions.

4-36

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

WIND POWER ENERGY GENERATION REGULATIONS

4.17-9 Controls and Brakes: All WECS shall be equipped with a redundant braking system. This

includes both aerodynamic over speed controls (including variable pitch, tip, and other similar

systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall

regulation shall not be considered a sufficient braking system for over speed protection.

4.17-10 Electrical Components: All electrical components of the WECS shall conform to applicable local,

state, and national codes, and relevant national and international standards. All WECS electrical

collection cables between each WECS shall be located underground unless they are located on

public or utility rights-of-way or with prior City and County approval. All transmission lines that are

buried should be at a depth consistent with or greater than local utility and telecommunication

underground line standards or as negotiated with the land owner or the land owner’s designate

until the same reach the property line or a substation adjacent to the property line.

4.17-11 Color: Towers and blades shall be painted with non-reflective white or gray color. The applicant

shall comply with all applicable FAA requirements.

4.17-12 Warnings: A visible warning sign concerning voltage must be placed at the base of all pad-

mounted transformers and substations. Visible, reflective, colored objects, such as flags,

reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a

height of not more than 15 feet from the ground.

4.17-13 Climb Prevention: All WECS tower designs must include features to deter climbing or be

protected by anti-climbing devices such as: 1) fences with locking portals at least 6 feet high, 2)

anti-climbing devices 15 feet vertically from the base of the WECS tower, and/or 3) locked WECS

tower doors.

4.17-14 Blade Clearance: The minimum distance between the ground and any protruding blade(s) utilized

on a WECS shall be 15 feet, as measured at the lowest point of the arc of the blades. The

minimum distance shall be increased as necessary to provide for vehicle clearance in locations

where over-sized vehicles might travel.

4.17-15 Noise and Vibration Standards: At no point within 200 feet of a primary residence may the

sound pressure levels from a wind turbine exceed the following sound levels. Sound levels shall

be measured with an octave band analyzer or sound level meter and associated filter

manufactured in compliance with standards prescribed by American National Standards Institute

(ANSI). This standard shall supersede any noise standard(s) set forth in any section of the

Portland Zoning Ordinance.

Octave Bands for The City of Portland in Hertz

(Hz), per ANSI

Maximum Permitted Sound Level (in decibels)

measured 200 feet from edge of any Primary

Structure.

125

250

500

1000

2000

4000

8000

4-37

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

WIND POWER ENERGY GENERATION REGULATIONS

4.17-16 Utility Interconnection: The WECS, if interconnected to a utility system, shall meet the

requirements for interconnection and operate as set forth in the electrical utility's then-current

service regulations applicable to WECS.

4.17-17 Waste Management: All solid waste whether generated from supplies, equipment, parts,

packaging, or operation or maintenance of the facility, including old parts and equipment, shall be

removed from the site in a timely manner. All HAZARDOUS WASTE generated by the operation

and maintenance of the facility, including but not limited to lubrication materials, shall, be handled

in a manner consistent with all local, state and federal rules and regulations.

4.17-18 Lighting: All lighting shall also be in compliance with applicable FAA regulations. All lighting shall

be shielded so that no glare extends substantially beyond the boundaries of the wind farm facilities.

4.17-19 Compliance with Additional Regulations: Any WECS thereof declared to be unsafe by the

Zoning Administrator/Director by reason of inadequate maintenance, dilapidation, obsolescence,

fire hazard, disaster, damage or abandonment is hereby declared to be a public nuisance and shall

be abated by repair, rehabilitation, demolition or removal. Nothing in this Ordinance is intended to

preempt other applicable state and federal laws and regulations.

4.17-20 Setbacks: Setbacks shall be as follows:

A. No WECS shall be constructed in any setback, dedicated public easement or dedicated

public right-of-way without prior written authorization from the county.

B. Installation of any WECS may not be nearer than 350 feet or 1.1 times the height of the

WECS tower. Whichever is greatest to any property lines, dedicated roadway, railroad

right-of-way or overhead electrical transmission or distribution lines. Distance shall be

measured from the center of the foundation at the base of the tower. New structures build

adjacent to wind power facilities shall maintain these same minimum setback

requirements. Participating landowners within the area comprising the WECS may waive

side and rear property line setbacks with written approval from the landowners sharing

such property line.

C. Except as provided herein the setback distance for all turbines with a rated capacity of 1.0

MW or less shall be 1,000 feet or more from any existing or occupied residence and

turbines with a greater rated capacity shall be set back 1,000 feet or more from any

existing or occupied residence or from the boundary of any to which as of the date of

approval of the WECS is in a platted subdivision and shall be setback from a property line

1.1 times the height of the turbine with the blade tip at its highest point. Distance shall be

measured at the time of application for building permit from the center of the foundation at

the base of the tower. A turbine with a capacity of 1.0 MW or less may be placed as near

as 600 feet from an occupied residence with the prior written approval of the owner. The

setback distance will be followed except in specific instances allowed by The City of

Portland Planning Commission.

D. The setback distance from the WECS will be 1,500 feet from any platted community.

Distance shall be measured from the center of the foundation at the base of the WECS to

the closest Corporate Limit Boundary line.

4-38

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

WIND POWER ENERGY GENERATION REGULATIONS

4.17-21 Use of Roads/Services: An applicant, owner, or operator proposing to use any County or City

road for the purpose of transporting WECS or substation parts and/or equipment for construction,

operation, or maintenance of the WECS or substations, shall prior to construction:

A. Identify all such public roads and services.

1. Any proposed routes that will be used for construction and maintenance purposes

shall be identified. If the route includes a public road, it must be approved by the

Jay County Highway Supervisor, or the City of Portland Street Department. The

Supervisor or Department shall conduct a pre-construction baseline survey to

determining existing road conditions for assessing potential future damage.

2. Any road damage caused by the construction of the WECS project equipment, the

installation of same, or the removal of same, must be repaired to the satisfaction of

the Jay County Highway Supervisor or the City of Portland Street Department.

The Supervisor or Department may choose to require either remediation of road

damage upon completion of the project or is authorized to collect fees for

oversized load permits. Further, a corporate surety bond in an amount to be fixed

by a Professional Engineer may be required by the Departments Supervisor to

insure the City or County that future repairs are completed to the satisfaction of the

city or county. The cost of bonding is to be paid by the applicant.

3. Newly constructed WECS access roads may not impede the flow of water and

shall comply with the County Drainage Ordinance.

B. Requirements of the Indiana Department of Environmental Management Rule 5 will be

required during construction of the WECS.

C. Any facility shall comply with existing septic and well regulation as required by the Jay

County Health Department and the Indiana Department of Public Health.

D. All damages to waterways, drainage ditches, field tiles, or any other infrastructures caused

by the construction or maintenance of the WECS, must be completely repaired to original

or better condition, and so as not to impede the flow of water. All repairs must be

completed within a reasonable amount of time.

4.17-22 Operation, Maintenance, and Inspection: The Owner or Operator of the WECS must submit, on

an annual basis, a summary of the operation and maintenance reports to the City. In addition to

the above annual summary, the Owner or Operator must furnish such operation and maintenance

reports as the City reasonably requests. The following operation, maintenance and inspection

standards shall be met.

A. Maintenance: Any physical modification to the WECS that alters the mechanical load,

mechanical load path, or major electrical components shall require re-certification. Like-

kind replacements shall not require re-certification. Prior to making any physical

modifications (other than a like-kind replacement), the owner or operator shall confer with

the Building Inspector to determine whether the physical modification requires re-

certification

4-39

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

WIND POWER ENERGY GENERATION REGULATIONS

B. Inspection: The Portland Building Inspector, along with licensed 3

party professionals

retained by the City for the specific purpose of conducting inspections of the WECS shall

have the right, at any reasonable time and with sufficient prior notice, to accompany the

owner or operator, or his agent, on the premises where a WECS has been constructed, to

inspect all parts of said WECS installation and to require that repairs or alterations be

made. The owner or operator of a WECS may retain a licensed 3

party professional

engineer familiar with WECS systems to prepare and submit to the Portland Building

Inspector which addresses the repairs or alterations requested and which suggest

alternate methods for addressing the concerns or provides evidence that said repairs or

alterations are unnecessary, within thirty (30) days after receiving notice from the Portland

Building Inspector that repairs or alterations are requested, or within a longer period of time

mutually acceptable to both parties. The Portland Building Inspector will consider any such

written report and determine whether the repairs or alterations should be made as

originally requested or as suggested in the written report. In the event of a dispute

between the Portland Building Inspector and the owner or operator, or a 3

party

professional engineer retained by them, as to the repairs or alterations which are required,

the decision of the Building Inspector shall be final. Inspections, at a fee to be determined

from time to time by the Portland City Council and paid by the applicant, may be made by

the Zoning Administrator/Director, or by a qualified inspector for equipment of this type

selected by the Zoning Administrator/Director, no more than once annually to certify the

safety and maintenance of the WECS and accessory structures.

C. Interference: If, after construction of the WECS, the owner or operator receives a written

complaint related to interference with local broadcast residential television,

telecommunication, communication or microwave transmissions, the owner or operator

shall take reasonable steps to respond to minimize the complaint.

D. Coordination with Local Fire Department: The applicant, owner or operator shall submit

to the local fire department, the owner or operator shall cooperate with the local fire

department to develop the fire department's emergency response plan. Nothing in this

section shall alleviate the need to comply with all other applicable fire laws and regulations.

E. Materials Handling, Storage and Disposal:

1. All solid wastes related to the construction, operation and maintenance of the

WECS shall be removed from the site promptly and disposed of in accordance with

all federal, state and local laws.

2. All hazardous materials or waste related to the construction, operation and

maintenance of the WECS shall be handled, stored, transported and disposed of in

accordance with all applicable local, state and federal laws.

4.17-23 Liability Insurance: The owner or operator of the WECS shall maintain a current general liability

policy covering bodily injury and property damage and name the City of Portland as an additional

insured with limits of at least $2 million per occurrence and $5 million in the aggregate with a

deductible of no more than $5,000.

4-40

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

WIND POWER ENERGY GENERATION REGULATIONS

4.17-24 Decommissioning Plan: Prior to receiving siting approval under this section, the City and the

applicant, owner and/or operator must formulate a Decommissioning Plan to ensure that the WECS

Project is properly decommissioned. The Decommissioning Plan shall include:

A. Assurance that the facilities are properly decommissioned upon the end of the project life

or facility abandonment. Applicant’s obligations with respect to decommissioning shall

include removal of all physical material pertaining to the project improvements to a depth of

48” beneath the soil surface, and restoration of the area occupied by the project

improvements to the same or better condition that existed immediately before construction

of such improvements. The property will then be returned from Industrial (I) to its original

zoning designation. Prior to issuance of a building permit, the applicant shall provide a

contractor cost estimate for demolition and removal of the WECS facility and will provide

financial assurance in an amount at least equal to said demolition and removal contractor

cost estimate, through the use of a bond, letter of credit or other security acceptable to the

City, the cost of decommissioning each tower to be constructed under the building permit,

which security shall be released when such tower is properly decommissioned as

determined by the Portland Building Inspector. In the event of abandonment by the owner

or operator, the Applicant will provide an affidavit to the Zoning Administrator/Director

representing that all easements for wind turbines shall contain terms that provide financial

assurance, including access to the salvage value of the equipment, for the property owners

to ensure that facilities are properly decommissioned within twelve (12) months of

expiration or earlier termination of the project.

B. The applicant’s, owner’s or operator’s failure to comply with any of the above provisions

shall constitute a default under this Ordinance.

C. Prior to implementation of the existing city procedures for the resolution of each default, the

appropriate city body shall first provide written notice to the owner and operator, setting

forth the alleged default. Such written notice shall provide the owner and operator a

reasonable time period, not to exceed 60 days, for good faith negotiations to resolve the

alleged default.

D. If the City determines, in it’s discretion, that the parties cannot resolve the alleged default

within the good faith negotiation period, the existing City Ordinance provisions addressing

the resolution of such default shall govern.

4.17-25 Waiving Requirements: Requirements of this Section may be waived by the City of Portland

Board of Zoning Appeals upon application and after public hearings.

4-41

Section 4

Portland Zoning Ordinance Amended Ord. #2014-12

Planned

Developments

Section 5

Portland Zoning Ordinance Amended Ord. #2014-12

PLANNED DEVELOPMENT

5.1 INTENT OF PLANNED DEVELOPMENT DISTRICTS

The purposes of these regulations are to provide greater design flexibility in the development of land when

consistent with the Comprehensive Plan and intent of the Unified Zoning Ordinance. The use of Planned

Development zoning classifications shall be encouraged when the use of such regulations promotes a

harmonious variety of uses, and/or provides for an economy of shared services and facilities, and/or are

compatible with surrounding areas and/or foster the creation of attractive, healthful, efficient and stable

environments for living, shopping or working.

The Planned Development regulations and procedures may apply to the development of existing

developed lands, or vacant lands, and may apply to small and large scale parcels and their relationship

with other surrounding uses and the overall characteristic of the area in which it is located.

Planned Development regulations are intended to encourage innovations in land development techniques

so that the growing demands of the community may be met with greater flexibility and variety in type,

design and layout of sites and buildings and by the conservation and more efficient use of open spaces and

other amenities generally enhancing the quality of life.

Planned Development projects should also encourage a more efficient use of land, which reflects the

changes in the technology of land development, so that resulting economies may accrue to the benefit of

the community at large. Examples of this concept would include the preservation of existing trees and the

inclusion of recreation areas within new subdivisions.

5.2 CLASSIFICATIONS OF PLANNED DEVELOPMENTS

A. PD-R Planned Development - Residential

Any development consisting of not less than five (5) acres in which more than eighty percent of the

interior floor area of all buildings to be included in the development is used for residential purposes

or those accessory purposes customarily related to residential use.

B. PD-B Planned Development - Business

Any development consisting of not less than four (4) acres in which eighty percent of the interior

floor area of all buildings to be included in the development is to be used for commercial purposes.

C. PD-I Planned Development - Industrial

Any development consisting of not less than ten (10) acres in which eighty percent of the total

interior and exterior area of all sites and structures be used for manufacturing, warehousing, or

other light to medium intensity industrial use.

D. PD-E Planned Development - Extraordinary

A development not otherwise distinguishable under any previous classification, containing less than

the minimum land area and/or less than the stated minimum proportions of any single dominant

use or function, and in which the proposed uses of interior and exterior spaces require unusual

design flexibility to achieve a completely logical and complementary conjunction of uses and

functions.

5-1

Section 5

Portland Zoning Ordinance Amended Ord. #2014-12

PLANNED DEVELOPMENT

5.3 ORIGINATION OF PROPOSALS

Any person or group of persons united in interest, acting jointly, and in pursuance to an agreement to carry

out a proposal may propose a Planned Development District in accordance with the procedures hereinafter

established. Such person or group of persons making such proposal, however, must demonstrate the

requisite capabilities to carry out such a proposal.

A parcel or site proposed for Planned Development need not be under single ownership where the

proposed development consists of a group of structures or improvements capable of being developed

separately but in accordance with a single, unitary plan, and in which the separate owners have given their

expressed intentions to enter into such private agreements between or among themselves as will facilitate

their mutual enterprise, and assure its completion as planned to the satisfaction of the Commission.

5.4 FILING PROCEDURE

The authorization of a Planned Development (PD) shall be subject to the following procedures:

A petition for rezoning to an appropriate PD classification shall be submitted, which shall be signed by the

owner or owners of all real estate involved in the petition for the Planned Development, which petition shall

have attached thereto letters of consent of all such owners prior to the filing of such petition, and to the

change to a PD classification of the real estate included.

The petition, which shall include a Preliminary Development Plan and plat for any area proposed for

development, as a Planned Development shall be filed with the Plan Commission.

5.5 PRELIMINARY DEVELOPMENT PLAN

The following shall be included in the Preliminary Development Plan.

A. Proposed layout of streets, open space and other basic elements of the plan;

B. General description of, location of, and types of structures on the site;

C. Proposals for handling traffic, parking, sewage disposal, drainage, tree preservation and removal,

lighting, signage, landscaping, and other pertinent development features;

D. A separate location map, to scale, shall show the boundary lines of adjacent land and the existing

zoning of the area proposed to be developed as well as the adjacent land;

E. A general statement of the covenants to be made a part of the Planned Development as well as the

order and estimated time of development;

F. A statement of the proposed order of development of the major elements of the project, including

whether the development will be in phases, and, if so, the order and content of each phase;

G. The use categories within the area, including proposed densities of said uses.

5-2

Section 5

Portland Zoning Ordinance Amended Ord. #2014-12

PLANNED DEVELOPMENT

H. The preliminary plan shall be presented in triplicate and to a scale ratio not to exceed 100'=1". The

preliminary plan may include any additional graphics which will explain the features of the

development. It shall also be provided to the following checkpoint agencies for their review and

comment:

• Technical Review Committee

• Director of Public Works and Safety

• Portland Police Department

• Portland Fire Department

• Jay County Soil and Water Conservation District

• Jay County Drainage Board

Within twenty-five (25) days after filing, the Zoning Administrator/Director shall meet with the

petitioner regarding the preliminary plan and checkpoint agency comments. Checkpoint agency

personnel may attend this meeting to provide comments. After such consultation, the petitioner

may make modifications to the petition.

After the meeting described above and after making any modifications to the proposed preliminary

plans, the petitioner shall file in triplicate a “Final Proposed Preliminary Plan” which shall:

1. Include all documents included in the preliminary plan.

2. Include an index identifying all documents included in the preliminary plan.

3. Include a cover sheet indicating that it is the Final Proposed Preliminary Plan and

indicating the date and zoning case number.

4. Be bound or stapled together and all documents therein reduced to a size no larger than

8 ½ x 14 inches except for the maps, sketches and plat (if any).

Such final proposed preliminary plan shall be filed with the Zoning Administrator/Director at least

ten (10) days prior to the preliminary plan hearing.

5.6 PRELIMINARY PLAN HEARING

A. The petition, if and as modified, shall then be heard by the Plan Commission as a petition for

zoning map amendment and subject to the procedures applicable thereto. The Plan Commission

may recommend approval or disapproval of the plan and may impose any reasonable condition(s)

with its affirmative recommendation. If disapproval is recommended, the application shall not be

certified to the Council of the City of Portland. If approval is recommended, the preliminary plan

shall be stamped “Approved Preliminary Planned Development” and be signed by the President

and Secretary of the Plan Commission. One copy shall be permanently retained in the office of the

Plan Commission, one copy shall be returned to the petitioner, and one copy and all conditions

shall be certified as described in (B) below.

B. The approved preliminary Planned Development shall then be certified to the Council of the City of

Portland for adoption as a Planned Development District pursuant to the laws governing proposals

to change zoning maps. Upon adoption by the legislative body, the petitioner shall prepare the

final detailed plan.

5-3

Section 5

Portland Zoning Ordinance Amended Ord. #2014-12

PLANNED DEVELOPMENT

5.7 APPROVAL OF FINAL DETAILED PLAN

A. Before any development takes place, the petitioner shall file with the Plan Commission a minimum

of seven sets of the final detailed plan specifying the location, composition, and engineering

features of all lots, storm drainage, sanitary sewage, water supply facilities, public or private

streets, recreation facilities, site perimeter treatment, landscaping, plat and other site development

features including locations of buildings. The petitioner shall also file the original of all signed and

notarized documents pertaining to restrictive covenants, condominium declaration and/or the

creation of a homeowners’ association, along with financial assurance for the satisfactory

installation of all public improvements in the form of bonds or such other assurances as are

required in the normal procedures of platting pursuant to the provisions of Section VIII of this

Ordinance. The Plan Commission shall then approve said final detailed plans by resolution duly

adopted, upon an affirmative finding that the final detailed plan is consistent with the approved

Preliminary Planned Development as adopted and passed by the Council of the City of Portland

upon rezoning. Having so once approved the final detailed plan, the Plan Commission shall have

no further authority to review or act thereon, except as to enforcement, except as to an amendatory

ordinance, and except as hereafter provided for.

B. The approved Preliminary Plan may provide for development of the property involved in phases. If

such phasing is included as a part of the approval of the preliminary plan, the petitioner may submit

partial final detailed plans which correspond to the phases involved. Such partial final detailed

plans, when approved, shall be treated in the same manner as approved final detailed plans for an

entire Planned Development.

C. The approved final detailed plan or phase thereof shall be stamped “Approved Final Detailed

Planned Development” and be signed by the President and Secretary with one copy permanently

retained in the office of the Plan Commission following recordation as specified in Section 5.9.

D. Unless extended by the Plan Commission pursuant to Section 5.12, approval of the first phase of

the final detailed plan shall be obtained within two (2) years and approval of the balance of the final

detailed plan shall be obtained within five (5) years after adoption of the Planned Development

District by the Council of the City of Portland.

E. In the event that approval of a final detailed plan is not timely obtained, the Plan Commission may

initiate an amendment to the zoning map relating to said land.

F. In the exercise of continuing jurisdiction, the Zoning Administrator/Director may from time to time

approve only minor modifications of the approved Final Detailed Planned Development in a manner

consistent with the approved Preliminary Planned Development. Such modifications shall not

include any increase in density, any lessening of aesthetic treatments, any alteration of frontage or

building location, any change in type of use, or any change in access points.

G. Approval of a final detailed plan shall expire after a period of five (5) years from the approved

phasing of the preliminary plan unless the development is fifty percent (50%) completed in terms of

public improvements including streets, parks, walkways, utility installations and sanitary sewers.

Determination of the amount of completion shall be made by the Plan Commission upon a

recommendation of the Zoning Administrator/Director. Following expiration of the final detailed

plan, the City of Portland shall declare the bond to be in default and cause all public improvements

to be installed according to the final detailed plans.

5-4

Section 5

Portland Zoning Ordinance Amended Ord. #2014-12

PLANNED DEVELOPMENT

5.8 COVENANTS AND MAINTENANCE

A. All covenants, when required by the Plan Commission, shall be set forth in detail and shall provide

for a provision for the release of such restriction by execution of a document so stating and suitable

for recording, signed by the Plan Commission President and Secretary upon authorization by the

Plan Commission and all of the owners of property in the area involved in the petition for whose

benefit the covenant was created. Such covenants shall provide that their benefits run to the Plan

Commission and shall be specifically enforceable by the Plan Commission in addition to the

property owners.

B. The Plan Commission may require the recording of covenants for any reasonable public or semi-

public purpose, including, but not limited to, the allocation of land by the petitioner for public

thoroughfares, parks, schools, recreational facilities, and other public and semi-public purposes.

Such covenants shall provide that if a governmental unit or agency thereof does not proceed with

acquisition of the allocated land within a specified period of time, the covenants shall automatically

terminate. If such termination occurs, the petitioners shall then submit for approval by the Plan

Commission a modified final detailed plan for such land, otherwise consistent with the approved

Preliminary Planned Development.

C. The Commission may require the recording of covenants for any other reasonable purpose,

including, but not limited to, imposing standards for development of property in a Planned

Development. Such development standards may include, but are not limited to, requirements as to

the following:

1. Lot area

2. Floor area

3. Ratios of floor space to land space

4. Area in which structures may be built (“build able area”)

5. Open space

6. Setback lines and minimum yards

7. Building separations

8. Height of structures

9. Signs

10. Off-street parking and loading space

11. Design standards (including landscaping requirements)

12. Phasing of development

D. Adequate provision shall be made for a private organization with direct responsibility to, and control

by, the property owners involved to provide for the operation and maintenance of all common

facilities including private streets jointly shared by such property owners if such facilities are a part

of the Planned Development, and, in such instance legal assurances shall be provided and

recorded which show that the private organization is self-perpetuating.

E. Common facilities which are not dedicated to the public shall be maintained to standards assuring

continuous and adequate maintenance. Common facilities not dedicated to the public shall be

operated and maintained at no expense to any governmental unit.

F. All private streets shall be maintained by the aforementioned private organization in such a manner

that adequate access is provided at all times to vehicular traffic so that fire, police, health,

sanitation, and public utility vehicles can serve the properties contiguous or adjacent thereto, and

so that said vehicles will have adequate turning area. All streets and roadways not dedicated to

the public shall be operated and maintained at no expense to any governmental unit.

5-5

Section 5

Portland Zoning Ordinance Amended Ord. #2014-12

PLANNED DEVELOPMENT

5.9 RECORDING

All approved Final Detailed Planned Development Plans and Plats and modifications thereof shall be

recorded in the Office of the Jay County Recorder within two (2) years after approval, but before any

development takes place. Failure to so record shall automatically void the approval of the Final Detailed

Planned Development.

Where upon completion of all development, the exact measurements, as to the location of buildings or

structures erected during the development, are deemed desirable for public record by recording thereof,

the developer may submit a copy of the approved Final Detailed Planned Development to the Zoning

Administrator/Director as an amended approved Final Detailed Planned Development with the exact

measurements thereon shown, and upon being satisfied that the measurements are substantially the same

as indicated on the original approved Final Detailed Planned Development, shall reapprove, date and sign

said amended approved Final Detailed Planned Development, which the developer shall then record.

5.10 PERMIT

An Improvement Location Permit shall be issued for a Planned Development District upon full compliance

with the approved Final Detailed Planned Development.

5.11 CONSTRUCTION

A. No construction or installation work shall be done on any public improvements until the petitioner

has, at least twenty-four (24) hours in advance, notified the appropriate Governmental Inspector(s)

of his intention to begin such work, in order that inspections may be made as the work progresses.

B. All development shall be in conformity with the approved and recorded Final Detailed Planned

Development and any material deviations from the approved and recorded Final Detailed Planned

Development shall be subject to appropriate enforcement action as provided for in this Ordinance.

5.12 EXTENSIONS, ABANDONMENT, AND EXPIRATION

A. Extensions of the time for accomplishing any matters set forth herein may be granted by the Plan

Commission at a public hearing for good cause shown.

B. Upon the abandonment of a development authorized under this section (abandonment shall be

deemed to have occurred when no improvements have been made pursuant to the approved Final

Detailed Planned Development for twenty-four [24] consecutive months), or upon the expiration of

five (5) years from the approval of a Final Detailed Planned Development for a development which

has not been completed, an amendment may be initiated as provided by law to the zoning map so

that the land will be zoned into a category or categories which most nearly approximate its then

existing use or such other zoning category or categories which the legislative body deems

appropriate.

5.13 RULES OF PROCEDURE

All proceedings brought under this section shall be subject to the Rules of Procedure of the Plan

Commission, where not inconsistent with the procedure otherwise stated herein.

5.14 LIMITATION OF REZONING

The Plan Commission shall not initiate any amendments to the zoning map concerning the property

involved in a Planned Development before completion of the development as long as the development is in

conformity with the approved Final Detailed Planned Development and is proceeding in accordance with

the time requirements imposed herein.

5-6

Section 5

Portland Zoning Ordinance Amended Ord. #2014-12

Site

Development

Plans

Section 6

Portland Zoning Ordinance Amended Ord. #2014-12

SITE DEVELOPMENT PLANS

6.1 AUTHORITY & PROCESS OUTLINE

INTENT: The intent of this Section is to provide for the adequate, consistent review of new development to

ensure consistent review of new development to ensure consistency with the Comprehensive Plan;

accommodate traffic and utility systems; and address the unique characteristics of certain areas of

development. Site Development Plan review is provided for by the IC 36-7-4-1400 series. The Site

Development Plan review process is not intended to provide an alternative to rezoning, variance, special

exception, platting, or other established procedures; but rather to allow for the administrative review of site

conditions and plans for consistency with applicable requirements prior to the issuance of Improvement

Location Permits.

Generally, Site Development Plan review shall involve individual lots and shall occur after rezoning and plat

approvals. Site Development Plan review may occur before or after any necessary Board of Zoning

Appeals applications based on the characteristics of each application.

A. Site Development Plan Required: Site Development Plan approval shall be required for all

developments (1) for which an Improvement Location Permit is required by this Ordinance and (2)

are located in any of the following zoning districts:

NB – Neighborhood Business

HS – Highway Service

CB – Central Business

IND – Industrial

PUD – Planned Unit Development

Subdivision Districts

B. Exemptions: The following types of development shall be exempt from the requirements of this

Section, but shall be required to obtain an Improvement Location Permit and/or any other permit or

approval otherwise required by this Ordinance:

1. Sign Installation: The replacement or installation of any sign(s) not occurring as part of

an improvement to any other aspect of the property;

2. Parking Lot Expansion: The expansion of an existing parking lot that does not result in

(1) a greater than 25% or 2,000 square feet (whichever is greater) increase in the surface

area of the parking previously available on the property (2) the demolition of any structure

or (3) the need for modifications to street accesses; or

3. Structural Expansion: The expansion of an existing structure or the construction of an

accessory structure that does not result in a greater than 25% increase in the floor area of

the structures that were previously existing on the property and does not require the

provision of additional landscaping, parking, or other improvements regulated by this

Ordinance.

C. Review and Approval Authority: The Technical Review Committee, in its role as staff for the

Plan Commission, shall have the authority to review and approve Site Development Plans required

by this Section consistent with the Technical Review Committee provisions of this Section and

Section 9.3.

1. Waiver of Requirements: Neither the Technical Review Committee nor the Plan

Commission shall have the authority to waive any requirement of this Ordinance in the

review of a Site Development Plan. All variances from the terms of this Ordinance shall be

subject to the approval of the Board of Zoning Appeals.

2. Revision Process: The procedure for the review of proposed amendments or revisions to

previously approved Site Development Plans shall follow the process for the initial approval

of Site Development Plans outlined in this Section.

6-1

Section 6

Portland Zoning Ordinance Amended Ord. #2014-12

SITE DEVELOPMENT PLANS

6.1 Authority & Process (cont.)

6-2

Section 6

Application

Review By the

Technical Review

Committee

See

Section

6.3 (A)

For Decision

Details

Continued

Modified

Approved

Forwarded

Applicant Submits Revisions

Improvement Location

Permit

Submitted to

Plan Commission

Public Hearing Notification

Public Hearing

By Plan Commission

See

Section

6.3 (D)

For Decision

Details

Continued

Approved

Modified

Applicant Submits

Revisions

Portland Zoning Ordinance Amended Ord. #2014-12

SITE DEVELOPMENT PLANS

6.2 APPLICATION MATERIALS

A. General Requirements: All applications may be obtained from the Zoning Administrator/Director.

Fees shall be paid to the Zoning Administrator/Director at the time the application is submitted.

1. Application Forms: All applications shall be made on forms provided by the Zoning

Administrator/Director. All applicants shall submit original applications that are completed

in their entirety either in ink or typed.

2. Copies Required: All applicants shall submit copies of applications and necessary

attachments as required by the adopted policies of the City and the applicable Rules and

Procedures of the Plan Commission.

3. Review Schedule: All applications shall be assigned reference and/or docket numbers by

the Zoning Administrator/Director. Applications shall be scheduled by the Zoning

Administrator/Director for the appropriate meeting and/or public hearings based on the

completeness of the application consistent with the requirements of this Section and

appropriate adopted Calendar of Filing and Meeting Dates for the Plan Commission.

B. Application: The applicant shall submit an application for Site Development Plan review, an

affidavit and consent of property owner (if the property owner is someone other than the applicant),

a copy of the deed of the property involved, the required filing fee, and required supporting

information to the Plan Commission Director.

1. Application Material Format: All drawings shall be provided in both hard copy and

electronic format in a manner specified by the Zoning Administrator/Director (the Zoning

Administrator/Director may waive the requirement that an electronic version of any or all

drawings be provided).

2. Supporting Information: Supporting information shall include, but not be limited to, that

described by 6.2(C) (the Zoning Administrator/Director, Technical Review Committee,

and/or Plan Commission may request additional supporting information, which shall be

provided by the applicant).

C. Required Materials: The following materials shall be submitted with all Site Development Plan

applications, unless otherwise waived by the Zoning Administrator/Director.

1. Summary Statement: A summary statement of the characteristics and operation of the

development, including the population densities, presence of any adult uses, and number

of potential employees. The statement shall include any written commitments being made

regarding the Site Development Plan.

2. Site Description: A general description of the site and its ownership including:

a. the name, street address, e-mail address, and telephone number of the applicant,

b. the name, street address, e-mail address, and telephone number of any land

surveyors, engineers, or other professionals responsible for the Site Development

Plan design,

c. the name, street address, e-mail address, and telephone number of the primary

contact individual for the application (it shall be indicated if the primary contact

person is the applicant or a contracted design professional),

d. the legal description of the subject property and common address of the site, and

e. the proposed name of the development (if applicable).

3. Vicinity Map: A vicinity map showing and clearly identifying the subject property and

identifying the current zoning and use of all property within 500 feet of the subject property.

a. The vicinity map shall also show all property that is contiguous to the subject

property that is owned and/or otherwise controlled by the owner or developer of

the subject property.

b. A conceptual drawing describing the future development of all contiguous holdings

described above shall be provided by the applicant upon the request of the Zoning

Administrator/Director, Technical Review committee, and/or Plan Commission. At

a minimum the conceptual drawings shall include a description of the general

street access points, general land uses, and general drainage conditions and

plans.

6-3

Section 6

Portland Zoning Ordinance Amended Ord. #2014-12

SITE DEVELOPMENT PLANS

4. Property Survey: A property survey, drawn to an appropriate scale, bearing the seal of a

land surveyor registered in the State of Indiana, and showing the following existing features

for the subject property and all land within 100 feet of the property lines of the subject

property:

a. the boundary lines and dimensions of the subject property;

b. all structures (specifically indicating any structures recognized as outstanding,

notable, or contributing in the Indiana Historic Sites and Structures Inventory; and

those listed in the National Register of Historic Places; and/or the Indiana Register

of Historic Sites & Structures);

c. topography interpolated from USGS sources and/or otherwise meeting the

requirements of the Jay County Drainage Board. (topographic information shall tie

into horizontal and vertical control points);

d. significant wooded areas and other isolated trees and wetlands;

e. 100-year floodplain and 100-year floodway boundaries (including elevations);

f. public and private streets (including street names), sidewalks and other pedestrian

paths, rights-of-way, and easements;

g. required building setbacks and any build-to lines and buffer yards;

h. all known drainage areas, tiles, pipes and structures;

i. utility services (including fire hydrants) and easements;

j. street accesses; and

k. any other paved or otherwise improved areas.

5. Site Plan: A site plan, drawn to an appropriate scale, bearing the seal of a professional

engineer or land surveyor registered in the State of Indiana, clearly showing all proposed

aspects of the property and all features relevant to the Site Development Plan, including:

a. all setbacks and buffer yards;

b. topography (including elevation contour lines at 2 foot intervals, or otherwise

meeting the requirements of the Jay County Drainage Board);

c. preserved wooded areas and isolated trees and wetlands;

d. structures (including buildings, fences, and walls);

e. all structure heights, dimensions, and floor areas;

f. areas of outdoor storage;

g. permanent dumpsters and trash areas;

h. locations, dimensions and design features (including all curb radii, tapers, and

parking space dimensions) of road accesses, interior drives, parking lots, loading

docks or areas, intersection sight visibility triangles, and interior sidewalks;

i. open spaces and specific landscaped areas;

j. locations and capacities of public and private utilities;

k. the location, width, and purpose of all easements;

l. the use of each structure and the amount of parking allocated for the uses(s);

m. any public improvements including sidewalks, street trees, and right-of-way

dedications;

n. locations for temporary uses, such as seasonal sales areas.

6. Landscaping Plan: A landscaping plan, drawn to an appropriate scale, showing the

following:

a. proposed landscaping, buffer yards, and street trees;

b. topography (including elevation contour lines at 2 foot intervals, or otherwise

meeting the requirements of the Jay County Drainage Board);

c. 100-year floodplain and 100-year floodway boundaries (including elevations);

d. existing and proposed public and internal sidewalks and other pedestrian ways;

e. the size and spacing of the plantings at the time of installation and the species

proposed to be used to meet the requirements of this Ordinance; and

f. all existing trees and vegetation to be preserved, and the drip-lines for such trees

(in which no construction activity shall occur).

7. Sign Plan: A sign plan showing the location, height method of illumination (if any) and

dimensions of all permanent signs and indications of appropriate locations, heights, and

sizes of any temporary signs.

6-4

Section 6

Portland Zoning Ordinance Amended Ord. #2014-12

SITE DEVELOPMENT PLANS

8. Drainage Plan: A site drainage plan, bearing the seal of a professional engineer or land

surveyor registered in the State of Indiana, including all calculations required by the Jay

County Drainage board. The drainage plan shall include the location of the following:

a. all natural streams, regulated drains, and watercourses,

b. 100-year floodways and 100-year floodplains (including elevations),

c. all marshes, wetlands, and wooded areas, and

d. all drainage area features as described in the drainage calculations.

9. Lighting Plan: A site lighting plan, drawn to an appropriate scale, showing the type and

location of all exterior lighting fixtures.

10. Construction Plan: A site construction plan, drawn to an appropriate scale, showing:

a. proposed erosion and sediment control measures;

b. the location of any proposed construction trailer and worker parking;

c. the location, height, and dimensions of any temporary construction-related signs;

d. any temporary site accesses to be used during construction;

e. all traffic control signs and devices;

f. any temporary utility connections; and

g. the location of any stockpiles of dirt, construction materials, and construction waste

dumpsters or storage areas.

6.3 REVIEW PROCESS

A. Technical Review Committee Review: The Technical Review Committee shall review the Site

Development Plan, including all supporting information.

1. Representation: The applicant and/or a representative of the applicant must be available

to address any questions the Committee may have.

2. Considerations: In reviewing the Site Development Plan, the Committee shall consider

whether or not the proposed Site Development Plan is consistent with requirements and

intent of this Ordinance, any other applicable adopted requirements of the City of Portland,

and the standards of the local utility providers.

3. Possible Action: The Committee may approve, approve with modifications, deny,

continue, or forward to the Plan Commission the Site Development Plan.

a. Approve: the Committee shall approve the Site Development Plan if it complies

with all applicable requirements of this Ordinance.

b. Approve with Modifications: The Committee shall approve the Site

Development Plan with modifications, if it requires minor modifications, to be

completely in compliance with the requirements and intent of this Ordinance. The

applicant shall revise the Site Development Plan proposal consistent with the

committee comments and supply revisions for review by the Zoning

Administrator/Director prior to the release of any Improvement Location Permit.

c. Deny: The Committee shall deny the Site Development Plan if it is found to be

inconsistent with the requirements and intent of this Ordinance.

d. Continue: The Committee may continue the Site Development Plan if requested

by the applicant, if a determination has been made by the Zoning

Administrator/Director that sufficient information has not been provided.

e. Forward to Plan Commission: The Committee shall forward Site Development

Plans that are generally consistent with the requirements and intent of this

Ordinance to the Plan Commission for a public hearing if the proposal:

I. includes any improvement to be dedicated to the public (if that

improvement has not previously been shown on a recorded plat or

otherwise dedicated),

II. includes proposed written commitments, or

III. requires the imposition of conditions in order to be completely consistent

with the considerations for approval.

6-5

Section 6

Portland Zoning Ordinance Amended Ord. #2014-12

SITE DEVELOPMENT PLANS

B. Plan Commission Preparation: If Plan Commission review is required, the Site Development

Plan shall be placed on the agenda for the next meeting of the Plan Commission consistent with

the adopted Calendar of Meeting and Filing Dates. The applicant shall revise the Site

Development Plan proposal consistent with any Committee comments prior to review by the Plan

Commission and shall provide such revision for review.

C. Public Meeting Notification (if necessary): Notification for the scheduled public hearing

regarding the Site Development Plan shall be completed consistent with the requirements of

Indiana State Code, the Rules and Procedures of the Plan Commission, and the provisions of

Section 10.2.

D. Plan Commission Review (if necessary): The Plan Commission shall review the Site

Development Plan and any supporting information.

1. Representation: The applicant and/or a representative of the applicant must be present

at the public hearing to present the Site Development Plan and address any questions

from the Commission.

2. Presentations: The Commission shall consider a report from the Zoning

Administrator/Director describing the findings of the Technical Review Committee and any

testimony from the applicant and any interested parties in making its decision.

3. Possible Action: The Plan Commission shall approve, approve with modifications, deny,

or continue the Site Development Plan application.

a. Approve: The Plan Commission shall approve the Site Development Plan if it is

consistent with all applicable requirements of this Ordinance.

b. Approve with Modifications: The Plan Commission shall approve the Site

Development Plan with modifications if it is generally consistent with all applicable

requirements of this Ordinance. The Plan Commission may impose conditions on

the approval of a Site Development Plan if the conditions are necessary to satisfy

the requirements and intent of this Ordinance. Any accepted conditions shall

become written commitments of the applicant.

c. Deny: The Plan Commission shall deny the Site Development Plan if it is not

consistent with the applicable requirements of this Ordinance. Site Development

Plan applications that have been denied shall not be re-filed for a period of 1 year

from the date of the denial, unless a different design, that addresses the reasons

for denial, is submitted.

d. Continue: The application may be continued based on a request by the Zoning

Administrator/Director, the applicant, a remonstrator, or an interested party; an

indecisive vote; a determination by the Commission that additional information is

required prior to action being taken on the request; or if the applicant or an

appropriate representative of the applicant fails to appear at the public hearing.

I Additional legal notice shall not be required unless specified by the Plan

Commission.

II. The continuing of all applications shall be consistent with the adopted

Rules and Procedures of the Commission.

4. Assurance of Completion of Improvements: The Plan Commission may approve a Site

Development Plan with the condition that a surety be provided that guarantees the timely

completion of any proposed public improvements included in the development. The surety

shall be in a form acceptable to the Plan Commission, the Zoning Administrator/Director,

and the City Attorney, and consistent with surety provision of the City of Portland Zoning

and Subdivision Control Ordinance.

6-6

Section 6

Portland Zoning Ordinance Amended Ord. #2014-12

SITE DEVELOPMENT PLANS

E. Findings of Fact: The Zoning Administrator/Director shall prepare and sign written findings of

fact documenting the action taken by the Technical Review Committee and the Plan Commission

(if Plan Commission review is necessary). The Zoning Administrator/Director shall make copies of

the written findings of fact available to the applicant within 5 business days of the date of the

decision.

F. Permits: Prior to any construction activity, the applicant shall be required to obtain the appropriate

Improvement Location Permit and any other required permits specified by this Ordinance.

6.4 WRITTEN COMMITMENTS

The applicant in any Site Development Plan application may make written commitments regarding the

characteristics of the proposed future use of, or the resolution of outstanding issues in existence on, the

subject property consistent with IC 36-7-4-613.

A. Origin of Commitments: Written commitments may be proposed by the applicant as an element

of the initial submittal of application materials, as a response to comments made by the Technical

Review Committee, or in response to any modifications requested by the Plan Commission.

B. Consideration of Commitments: Any commitments shall be considered by the Technical

Review Committee and/or the Plan Commission at the time of their review of the application.

C. Filing of Commitments: Following final action being taken on the Site Development Plan

application, the written commitments shall be documented by the Zoning Administrator/Director. A

copy of the commitments shall be maintained by the Zoning Administrator/Director for the records

of the Plan Commission.

D. Enforcement of Commitments: The written commitments shall be considered part of this Zoning

Ordinance binding on the subject property.

1. Successors in Interest: The written commitments shall be binding on the owner of the

subject property, any subsequent owners of the subject property, and any person or entity

that acquires an interest in the subject property or any portion of the subject property.

2. Enforcement: The written commitments shall be enforceable by the Plan Commission as

if they are a part of this Ordinance, consistent with the provision of Section 12 Enforcement

& Penalties.

3. Modification: The written commitments may be modified by the Plan Commission only

through the Site Development Plan process described in this Section.

6.5 APPEALS

Any applicant or interested party may appeal a determination made by the Technical Review Committee to

the Plan Commission through the procedure descried below:

A. Application: The person making the appeal shall submit to the Zoning Administrator/Director a

letter giving notice of the appeal and required supportive information within 30 days of the decision

that is subject to the appeal. Supportive information shall include, but not be limited to, the

following:

1. Finding of Fact: Copies of any written decisions or findings of fact that are the subject of

the appeal.

2. Description: A letter describing the reasons for the appeal noting specific sections of this

Ordinance, Indiana State Code, or other standards applicable to the City of Portland and

the application upon which the appeal is based.

B. Public Meeting Notification: Notification for a scheduled public hearing regarding the Site

Development Plan shall be completed consistent with the requirements of Section 9.2 of this

Ordinance.

6-7

Section 6

Portland Zoning Ordinance Amended Ord. #2014-12

SITE DEVELOPMENT PLANS

C. Plan Commission Meeting: The Plan Commission will then, in a public hearing scheduled

consistent with the adopted Calendar of Filing and Meeting Dates review the appeal and supportive

information.

1. Representation: Either the entity initiating the appeal or the representative must be

present at the public hearing to present the appeal and address any questions from the

Commission.

2. Presentations: The Commission shall consider a report from the Zoning

Administrator/Director, testimony from the entity making the appeal, and testimony from

any interested parties at the public hearing.

3. Proceedings: The presentation of reports and testimony and all other aspects of the

meeting shall be consistent with the requirements of the Rules and Procedures of the

Commission.

4. Possible Action: Upon hearing the appeal, the Plan Commission may approve, approve

with modifications, deny, or continue the Site Development Plan application consistent with

the approval procedure for the applications referred to the Commission by the Technical

Review Committee as described in Section 6.3 (D)(3).

6-8

Section 6

Portland Zoning Ordinance Amended Ord. #2014-12

Subdivision

Regulations

Section 7

Portland Zoning Ordinance Amended Ord. #2014-12

SUBDIVISION CONTROL ORDINANCE

7.1 GENERAL PROVISIONS

A. Title

This Section of the Portland Unified Zoning and Subdivision Control Ordinance shall be known,

cited, and referred to as the “Subdivision Control Regulations for the City of Portland, Indiana.”

B. Intent and Purposes

The purposes of these subdivision regulations are to protect and promote the public health, safety,

and general welfare, and to provide for:

1. Guidance of future growth and development in accordance with the Comprehensive Plan

and other applicable City policies and ordinances.

2. Protection of the character, the social, and the economic stability of all parts of the area,

and to encourage the orderly and beneficial development of all parts of the jurisdiction.

3. Protection and conservation of the value of land, buildings, and other improvements upon

the land, and to minimize the conflicts among the uses of land and buildings.

4. Avoidance of scattered and uncontrolled subdivisions of land that would result in the

unnecessary imposition of an excessive expenditure of public funds for the supply of

services that are a part of community infrastructure.

5. Establishment of reasonable standards and procedures for subdivisions and re-

subdivisions, in order to further the orderly layout and use of land; and to ensure proper

legal descriptions and monumenting of subdivided land.

6. Prevention of the pollution of air and water; provision of drainage facilities and

safeguarding of the water table; and the encouragement of wise use and management of

natural resources in order to preserve the integrity, stability, natural beauty, topography,

and the value of land.

7. To guide public and private policy and action to provide adequate and efficient public and

private facilities, the most aesthetically pleasing and beneficial interrelationship between

land uses, conserve natural resources such as natural beauty, woodlands, open spaces,

and energy, both during and after development.

8. To cause the cost of design and installation of improvements in new, platted subdivisions

to be borne by the persons purchasing the lots rather than by any direct or indirect burden

upon existing property owners beyond the limits of the subdivision who have already paid

for the improvements servicing their property.

C. Jurisdiction

This ordinance, which was enacted pursuant to Indiana home rule and planning enabling legislation

(Indiana Code, titles Section 36-1-3-4 and the Section 36-7-4-700 series, as amended), authorizes

the Portland Plan Commission to review and approve or disapprove plats for subdivisions within

the Jurisdictional area of the City of Portland Indiana Unified Zoning and Subdivision Control

Ordinance. The Plan Commission is hereby authorized to waive any or all requirements of this

section when a literal enforcement of this section would result in unnecessary hardships and when

such waiver will not be contrary to the public interest.

D. Policy and Interpretation

1. No owner, or agent of the owner, of any parcel of land located in a proposed subdivision

shall transfer or sell any such parcel before a plat of such subdivision has been approved

by the Commission, in accordance with the provisions of these regulations, and filed with

the Jay County Recorder.

7-1

Section 7

Portland Zoning Ordinance Amended Ord. #2014-12

SUBDIVISION CONTROL ORDINANCE

2. The division of any lot or any parcel of land into a subdivision, as defined in this ordinance,

by the use of metes and bounds description for the purpose of sale, transfer, or lease

resulting in the creation of one (1) or more new building sites shall not be permitted. All

such described divisions shall be subject to all of the appropriate requirements of this

ordinance.

3. Land to be subdivided shall be of such a character that it can be developed without peril to

health, flood, fire, or other menace; and land shall not be subdivided until access to

available existing public facilities, improvements, and proper provisions have been made

for drainage, water, sewerage, other necessary new public improvements such as schools,

parks, recreation facilities, and transportation facilities adequate for serving the subdivision.

4. No plat or re-plat of a subdivision of land located within the jurisdiction of the Commission

shall be recorded until it has been approved by the Commission, and such approval shall

have been entered in writing on the plat by the President and Secretary of the

Commission.

5. No land shall be subdivided unless the intended use of the individual lot is in conformance

with all provisions of this Ordinance and the Comprehensive Plan, now or hereafter

adopted.

6. In all subdivisions, due regard shall be given to the preservation of historical sites and

natural features such as large trees, watercourses, and scenic views.

7. In their interpretation and application, the provisions of these regulations shall be held to be

the minimum requirements for the promotion of the public health, safety, and general

welfare.

8. Conflict with Public and Private Provision:

a. Public Provisions: The regulations are not intended to interfere with, abrogate,

or annul any other ordinance, rule, regulations, statute, or other provision of law.

Where any provision of these regulations imposes restrictions different from those

imposed by any other provision of these regulations or any other ordinance, rule,

regulations, or other provision of law, whichever provisions are more restrictive or

impose higher standards shall control.

b. 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 easement, covenant, 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 requirement of these regulations, or the determinations of the Commission in

providing a subdivision or in enforcing these regulations, and such private

provisions are not inconsistent with these regulations or determinations there

under, then such private provisions shall be operative and supplemental to these

regulations and determinations made there under. (Note: Private Provisions can

only be enforced privately, unless a public agency has been made party to such

agreements.)

9. No Improvement Location Permit or Certificate of Compliance shall be issued for any

parcel or plat of land which was created by subdivision after the effective date of, and not

in conformity with, the provisions of these subdivision regulations; and, no excavation of

land or construction of any public or private improvements shall take place or be

commenced except in conformity with the regulations contained herein and in conformity

with construction standards adopted by City Ordinance 1985-12.

7-2

Section 7

Portland Zoning Ordinance Amended Ord. #2014-12

SUBDIVISION CONTROL ORDINANCE

10. These regulations shall not be construed as abating any action now pending under, or by

virtue of, prior existing subdivision regulations.

11. These regulations shall not apply to the following:

a. An adjustment of lot lines as shown on a recorded plat which does not reduce the

area, frontage, width, depth, or building setback lines of each building site below

the minimum zoning requirements, and does not change the original number of

lots in any block of the recorded plat.

b. A division of land into two (2) or more tracts for an agricultural use.

c. An allocation of land in the settlement of an estate of a decadent or a court decree

for the distribution of property.

d. The unwilling sale of land as a result of legal condemnations as defined and

allowed in the Indiana State Law.

e. Widening of existing streets to conform to the Comprehensive Plan, Thoroughfare

Plan, or Capital Improvement Plan.

f. The acquisition of street rights-of-way by a public agency in conformance with the

Comprehensive Plan or Thoroughfare Plan.

g. The exchange of land for the purpose of straightening property boundary lines

which does not result in the change of the present land usage.

E. Re-plats

For any change in a map of an approved or recorded subdivision plat, if such change affects any

street layout shown on such map, area reserved thereon for public use, any lot line, or if it affects

any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions,

such change shall be approved by the Plan Commission by the same procedure, rules, and

regulations as for a subdivision.

7.2 ADMINISTRATION AND DEFINITIONS

A. Inspections and Permits

1. The developer shall notify the Zoning Administrator/Director twenty-four (24) hours prior to

the planned installation of improvements with the development. The Zoning

Administrator/Director will notify the City Engineer who shall have the responsibility for

inspecting and testing street curbs, sub bases, pavement depth and quality, sewer lines,

water lines, utilities, and drainage improvements to see that they conform to the

specifications of this Ordinance and to City Ordinance 1985-12.

2. The City of Portland shall reserve the right to withhold Improvement Location Permits for

the remaining ten percent (10%) of undeveloped lots in a final subdivision plat if the

developer has failed to install all of the improvements shown on the Secondary Plat and

Final Construction Plans, except for sidewalks. Individual builders upon development of

individual lots may install sidewalks on each lot.

3. All fees and costs of the City Engineer in review of plats, plans, specifications, field

inspection of improvements, and any other aspects of subdivision review, shall be paid by

the sub divider.

4. Disagreements shall be settled by the Commission by majority vote.

5. Fees shall be paid on a monthly billing cycle unless authorized otherwise by the

Commission, in accordance with the official fee schedule.

B. Definitions

All terms used in this Section, not otherwise defined herein, shall have the definitions provided in

Section 2 of this Ordinance.

7-3

Section 7

Portland Zoning Ordinance Amended Ord. #2014-12

SUBDIVISION CONTROL ORDINANCE

7.3 PROCEDURE

A. General

In the development of subdivisions, the capacity of City utilities may be used to restrict the number

of developable lots in any given subdivision proposal.

B. Application for Subdivision

1. The sub divider shall consult informally with the Zoning Administrator/Director and the City

Engineer for advice and assistance before filing the application for a primary, secondary, or

minor subdivision plat. At this meeting, the developer should submit a conceptual layout of

the plat for review.

2. No application shall be accepted until all items detailed below have been completed and

executed by the person proposing the subdivision, or his designee.

3. When the developer wishes to pursue the plat before the Plan Commission, he shall

complete the requirements or Section 7.3 D and submit eight (8) copies of the proposed

plat, and application to the Zoning Administrator/Director along with the appropriate fees as

specified in the official fee schedule. The Zoning Administrator/Director shall have twenty-

five (25) days in which to review the documents and to determine if there are any

deficiencies of the proposed plat. The deficiencies, if any, shall be submitted to the

developer in writing.

4. All deficiencies shall be corrected and four (4) copies of amended plat shall be submitted to

the Zoning Administrator/Director fifteen (15) days prior to the next regularly scheduled

meeting of the Plan Commission or it will not be heard at that meeting.

5. Street names shall be proposed, but the final decision of the street names shall be

determined by the Commission.

6. Upon placement on the agenda, and prior to the date of a public hearing, the City Engineer

shall review the proposal and prepare a written report to the Commission and applicant

indicating a recommendation with regard to the subdivision being proposed.

7. The applicant shall pay all fees of the City Engineer incurred in review of the application

and inspection of the development of the subdivision.

C. Notice of Public Hearing

1. The Zoning Administrator/Director, upon receipt of the proper documents, shall set a date

for a public hearing before the Commission. The Zoning Administrator/Director shall assist

the developer in the preparation of a Notice of Public Hearing to be published in a local

newspaper of general circulation. The legal notice shall appear in the newspaper ten (10)

days prior to the date of the public hearing and the cost of the notice shall be borne by the

developer. A proof of publication shall be retained by the Zoning Administrator/Director.

2. A notice of Public Hearing to Interested Parties shall be sent by the developer, at the

expense of the developer, to all interested parties adjacent to the proposed subdivided

property ten (10) days before the date of the public hearing on the primary plat. The

interested parties shall be notified by Certified Mail with Return Receipts Requested. An

alternative method of notification would consist of an affidavit or proof of mailing, which the

developer certifies that he has personally delivered the Notice of Public Hearings to

interested parties and has obtained the signatures of each interested party to be notified.

This affidavit shall be properly notarized.

7-4

Section 7

Portland Zoning Ordinance Amended Ord. #2014-12

SUBDIVISION CONTROL ORDINANCE

3. Legal notices shall include the following:

a. The general location of the proposed subdivision and a legal description of the

land contained therein.

b. That the primary plat is available for examination at the office of the City Clerk-

Treasurer and the Zoning Administrator/Director.

c. That a public hearing will be held giving the date and hour of the hearing.

d. Written comments on the plat will be accepted prior to the public hearing and may

be submitted to the Zoning Administrator/Director for the Plan Commission.

4. Legal notices shall comply with IC 5-3-1.

5. Proofs of publication, receipts of mailing, or proofs of mailing shall be submitted to the City

Clerk-Treasurer and the Zoning Administrator/Director two (2) days prior to the date of the

public hearing.

Names and addresses of interested parties adjacent to the subdivision site shall be presented to

the Zoning Administrator/Director at the time the primary plat application is filed.

D. Primary Plat Procedures

1. The plat shall be drawn at a scale of one hundred (100) feet to one (1) inch. Sheets shall

not exceed twenty-four (24) inches by thirty-six (36) inches in size. Other scales and/or

sheet sizes are permitted if the Commission grants prior approval.

2. The primary plat shall be prepared and certified by a land surveyor registered by the State

of Indiana.

3. The plat shall include a vicinity map showing the following:

a. Location of proposed subdivision.

b. Existing subdivisions and parcels of land adjacent to the proposed subdivision,

including the names of the property owners.

c. Existing schools, parks, playground, or other similar public facilities that will serve

the proposed subdivision.

d. All public thoroughfares/rights-of-way adjacent to the site.

e. Location and size of all utilities adjacent to the subdivision site, including sanitary

and storm sewers, gas lines, electric lines, telephone lines, water mains fire

hydrants, cable television lines, etc.

f. Existing zoning of the tract and all contiguous tracts surrounding the proposed

subdivision.

g. All section and municipal corporate boundaries lying within or contiguous to the

tract.

h. The location of any streets and alleys in the proposed subdivision showing the

relationship of said streets to any existing or proposed streets in contiguous

subdivisions or undeveloped property to produce the most advantageous

development of the entire neighborhood.

The vicinity map may be prepared by indicating the data by notation on available maps of an

appropriate scale.

7-5

Section 7

Portland Zoning Ordinance Amended Ord. #2014-12

SUBDIVISION CONTROL ORDINANCE

4. Two copies of a primary subdivision plat shall be submitted showing the following:

a. The proposed name of the subdivision.

b. Names and addresses of the owner, sub divider, consulting engineer, land

surveyor, or planning firm who prepared the plat.

c. Legend and notes, including a graphic scale, north point, and date.

d. Tract boundary lines showing dimensions, bearings, angles, and references to

section, township, range lines or corners, and existing benchmarks.

e. Topographic contours at typical intervals of two (2) feet if the general slope of the

tract is less than 10 percent (10%), or intervals of five (5) feet if the slope is in

excess of 10 percent (10%). Said contours shall be referenced to mean sea level

elevations and to U.S. Geological Survey datum plane.

f. Layout of lots, showing dimensions and numbers.

g. Building lines showing setback dimensions throughout the subdivision.

h. Parcels of land proposed to be dedicated or reserved for schools, parks,

playgrounds, or other public, semi-public, or community purposes.

i. Existing and proposed streets and rights-of-way on and adjoining the site of the

proposed subdivision showing the proposed names, roadway widths, types and

widths of pavements, curbs, sidewalks, bikeways, jogging paths, and other

recreational ways. This may be deferred to the Secondary Plat approval stage if

permitted by the Zoning Administrator/Director.

j. Existing and proposed easements including the location, width, and purpose of

each easement.

k. Location and size of utilities existing and proposed and on the site, including storm

and sanitary sewers; water mains; electrical, telephone, and cable Location

television lines; street lights; fire hydrants; and such other utilities as may be

appropriate. NOTE: All proposed utility services must be underground; and all

sump-pumps (excluding sanitary pumps for basements) must be connected to the

storm sewer system or as permitted by the Commission.

This may be deferred to the Secondary Plat approval stage if permitted by the

Zoning Administrator/Director.

l. Location of natural streams, regulated surface drains, legal ditches, flood plains,

drain tiles, etc.

m. A preliminary drainage plan showing the proposed storm water drainage system to

an improved outlet. Data shall be included showing that said outlet is adequate to

accommodate the drainage requirements of the finished development. The plan

shall include surface drainage system, storm sewer systems, subsurface drainage

systems, and storm water detention facilities. Arrows designating the general

drainage of all streets and lots shall be included.

n. Location of water courses, marshes, wetlands, wooded areas, isolated trees to be

preserved, houses, barns, and other structures and significant features.

o. Proposed sidewalks.

p. Proposed decorative lighting.

q. Type of drainage system(s) proposed to handle surface, underground, and runoff

waters. The coefficient to be used for this determination shall be approved by the

City Engineer.

r. The existing excess capacity available from the Portland Wastewater Treatment

Plant; the nearest location to the building site of a trunk or connecting sewer line;

and the expected demand of the development or building (numbers to be acquired

from the City).

7-6

Section 7

Portland Zoning Ordinance Amended Ord. #2014-12

SUBDIVISION CONTROL ORDINANCE

s. Preliminary architectural drawings in sufficient detail to show building size, height,

materials, types of units, and location of all buildings (existing and proposed) on

the development site. The Zoning Administrator/Director may waive this

requirement until Secondary Plat approval. In housing and large commercial

developments, this information may not be available.

t. Proposed preliminary landscaping, signage, entrance to the development,

screening, and attempts at preserving natural terrain and open space. The Plan

Commission may request a landscaping/screening plan. The Zoning

Administrator/Director may waive this requirement until Secondary Plat approval.

u. Estimated traffic count increase on adjacent streets resulting from the proposed

development; description of type and condition of roads to serve such

development; total number of motor vehicles expected to use or be stationed in

such development; and on and off-site parking to be supplied. A formal

engineering study need not be conducted unless the Commission requests such

extensive information.

v. Photographs may be requested by the Zoning Administrator/Director for specific

areas or elements on or surrounding the site.

w. If the primary plat is to be divided into sections or phases of development, the

boundaries and numbers of such sections shall be shown, and a conceptual plan

for the entire subdivision shall be submitted as a “phasing schedule.” Due to a

fluctuating economy, the Commission shall give some flexibility to revisions to the

phasing schedule throughout the process and development.

x. Soil map of the site from the Soil Conservation Service.

y. Proposed development schedule.

5. The primary plat and application for approval shall be accompanied by a certified check or

money order in an amount specified in the official fee schedule of the City of Portland as

maintained in the office of the Portland Clerk-Treasurer and the office of the Zoning

Administrator/Director.

E. Primary Plat Approval

After submission of the primary plat and application, the Commission shall have twenty-one (21)

days to review the information and accept the primary plat and application, or return them to the

sub divider with a list of additional information needs or suggested changes. No application will be

considered at a meeting unless it is filed with the Commission at least ten (10) days before the date

of such meeting.

1. Hearing

After acceptance of the preliminary plat and application by the Commission, the

Commission 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 applicant shall meet the cost of publication of the Notice

of Hearing.

2. Approval

a. If the Plan Commission determines in the public hearing that the primary plat

complies with the standards set forth in this ordinance, it shall make written

findings and a decision granting primary approval to the plat. This information

shall be sent to the developer in a letter signed by the President and Secretary of

the Plan Commission.

b. Approval of a primary plat by the Commission is strictly tentative, involving merely

the general acceptability of the layout submitted.

7-7

Section 7

Portland Zoning Ordinance Amended Ord. #2014-12

SUBDIVISION CONTROL ORDINANCE

c. The Commission may introduce such changes or revisions as are deemed

necessary in the best interest and general welfare of the community.

d. The primary approval of a plat by the Plan Commission shall be certified on behalf

of the Plan Commission by the President and Secretary of the Commission who

shall state the approval in a letter and affix their signatures to it.

3. Disapproval

a. If the Commission disapproves a primary plat application, the Commission shall

make written findings and notify the applicant in writing, stating the specific

reasons for disapproval. The President and Secretary of the Plan Commission

shall sign this written notice.

b. The applicant may submit a new application for primary plat approval but must pay

all applicable fees as if it were an original application.

F. Secondary Plat Procedure

1. After approval of the primary plat by the Commission and fulfillment of the requirements of

this Ordinance, eight (8) black line or blue line reproductions of the secondary plat of the

subdivision shall be submitted to the Commission along with one (1) reproducible Mylar

transparency. All plat shall be drawn at the same scale as the primary plat and shall be

drawn on a sheet twenty-four (24) inches by thirty-six (36) inches in size.

2. If the Commission approves the secondary plat, it shall place a certification thereof on the

reproduced copies. Upon the final approval of the plat, one (1) copy of the certified plat

shall be forwarded to each of the following persons by the developer:

a. Jay County Auditor and Recorder

b. Any corporate utility company that may be affected

c. Subdivide or applicant

d. File of Commission

e. Jay County Surveyor

f. City Engineer

3. The secondary plat may include all or only a part of the primary plat, which has received

approval and shall be prepared and certified by a land surveyor registered by the State of

Indiana. If the secondary plat does not contain all of the land approved on the primary plat,

a section number in a numerical order shall designate it.

4. The following information shall be shown on or submitted with the secondary plat:

a. Accurate boundary lines, with dimensions and angles, which provide a legal survey

per state statute.

b. Accurate distances and directions to the nearest official monuments. Reference

corners shall be accurately described on the plat.

c. Accurate locations of all existing and recorded streets intersecting the boundaries

of the tract.

d. Accurate metes and bounds description of the tract boundary.

e. Source of title of applicant to the land as shown by the last entry in the books of

the County Auditor.

f. Name of subdivision followed by the words “Secondary Plat.”

g. Name and address of the owner and sub divider.

h. North point, graphic scale, and date.

i. Proposed street names.

j. Complete curve table for all curves included in the plat.

7-8

Section 7

Portland Zoning Ordinance Amended Ord. #2014-12

SUBDIVISION CONTROL ORDINANCE

k. Street lines with accurate dimensions in feet and hundredths of feet with angles to

street, alley, and lot lines. Radii, points of curvatures, tangent bearings, and

lengths of all arcs of street lines shall be provided.

l. Lot numbers and dimensions including the square footage of each lot.

m. Accurate locations of easements, descriptions of their use, and any limitations on

such semi-public or community use.

n. Accurate dimensions for any property to be dedicated or reserved for public, semi-

public, or community use, including sidewalks, bikeways, and other recreational

ways.

o. Building lines and setback dimensions throughout the subdivision.

p. Location, types, material, and size of all monuments and markers.

q. Construction plans and specifications for all improvements required by this

Ordinance or the Commission.

r. Restrictions of all types, which will run with the land and become covenants in the

deeds for lots.

s. Certification by a registered land surveyor.

t. Certification by the owner(s) and lien holder(s) (if any) of dedication of streets and

other public property, and an agreement executed by the owner(s) and sub

divider(s) to make and install all improvements in accordance with the plans and

specifications approved by the Commission and accompanying the secondary plat.

u. Certificate of approval by the Portland Plan Commission, if approved.

v. Certificate of approval by the Portland City Council, if approved.

w. A final landscape/screening plan shall be incorporated in the secondary plat design

plans and a phasing schedule of landscaping/screening improvements.

x. Any other information or data requested by the Commission during primary plat

approval or otherwise necessary to clarify conditions and terms of plat approval.

G. Secondary Plat Approval

1. Within thirty (30) days after application for approval of the secondary plat, the Commission

shall approve or disapprove it. If the Commission determines that the plat complies with

the standards of this Ordinance, it shall make written findings and render a decision

regarding secondary approval to the plat. No notices of public hearing shall be required for

secondary plat approval.

2. The secondary approval of the plat by the Plan Commission shall be certified on behalf of

the Plan Commission by the President and Secretary who shall affix their signatures to the

plat original and all other relevant documents which also may required such signatures.

3. If the Plan Commission disapproves the secondary plat, it shall make written findings and

notify the applicant in writing, stating the specific reasons for disapproval. The President

and Secretary of the Plan Commission shall sign this written notice.

4. Approval of the secondary plat shall be effective for a maximum period of twelve (12)

months from the date of approval. Failure to obtain approval from the Commission, record

the plat with the Jay County Recorder, and commence construction of the subdivision

within the twelve (12) month period, shall result in denial of building permits until an

extension or re-submittal of application is made. For the purpose of this Section,

“commencing construction,” means completion of the construction survey and staking.

5. A certificate of secondary plat approval shall not be signed until a performance bond or

proof or surety has been submitted to the Plan Commission if required.

6. No Improvement Location Permit shall be issued by the Zoning Administrator/Director, or

his/her agent, for any structures on any subdivision lots prior to the recording of said

subdivision by the County Recorder of Jay County, Indiana.

7-9

Section 7

Portland Zoning Ordinance Amended Ord. #2014-12

SUBDIVISION CONTROL ORDINANCE

7. No Certificate of Occupancy shall be issued by the Zoning Administrator/Director, or

his/her agent, for any structure on any subdivision lots prior to installation and

completion of all facilities, including grading, as shown on the development plans and

approved by the Commission; except that in the case of an asphalt road surface, the

installation of the final surface coat may be postponed until the end of the maintenance

period. The final coat of asphalt shall be installed prior to acceptance of the road for public

maintenance.

8. A plat of subdivision may not be filed with the Jay County Auditor, and the Jay County

Recorder may not record it unless it has been granted secondary approval by the Plan

Commission and has been properly signed by the President and Secretary of the

Commission. The filing and recording of the plat is without legal effect unless approved by

the Plan Commission.

9. The sub divider shall supply one (1) copy of the recorded plat to the Zoning

Administrator/Director.

H. Construction Plans

1. It shall be the responsibility of the sub divider of every proposed subdivision to have

prepared and certified by a land surveyor or engineer registered in the State of Indiana, a

complete set of construction plans, including profiles, cross-sections, specifications, and

other supporting data for all required public streets, utilities, and other facilities.

2. The final construction plans shall be based on preliminary plans that have been approved

with the primary plat and shall be prepared and submitted in conjunction with the

secondary plat. The plans shall show the following:

a. General construction plans shall be prepared for all required improvements. Plans

shall be drawn on standard twenty-four (24) inch by thirty-six (36) inch sheets at a

scale of no less than one (1) inch equaling fifty (50) feet, and map sheets shall be

the same size as the secondary plat.

b. Topographic contours at intervals of one (1) foot if the general slope of the tract is

less than five percent (5%) or intervals of two (2) feet if the slope exceeds five

percent (5%). Contours shall be referenced to USGS datum plane.

c. Profiles showing existing and proposed elevations along centerlines of all streets.

Where a proposed street intersects an existing street or streets, the elevation

along the centerline of the existing street or streets within one hundred (100) feet

of the intersection. Radii of all curves, lengths or tangents, and central angles on

all streets shall be shown.

d. The Plan Commission may require, where steep slopes exist, the cross-sections of

all proposed streets.

e. Plans and profiles showing the location and typical cross-section of streets

including curbs, gutters, sidewalks, rights-of-way, drainage facilities, manholes,

and catch basins. Plans shall show the location, size, and invert elevations of

existing and proposed sanitary sewers, storm water drains, water lines, gas, and

fire hydrants, showing connection to any existing or proposed utility systems.

f. Location, size, elevation, and other appropriate descriptions of any other existing

physical and natural features or facilities including wetlands, trees, the points of

connection to proposed facilities and utilities, and the approximate high- and low-

water elevations of all ponds, lakes, and streams. All elevations shall be

referenced to the USGS datum plane.

g. Upon completion of the construction, the developer’s engineer or land surveyor

shall provide the Plan Commission with a set of “as built” construction plans

showing the location, dimensions, and materials used to construct all

improvements within the subdivision.

7-10

Section 7

Portland Zoning Ordinance Amended Ord. #2014-12

SUBDIVISION CONTROL ORDINANCE

I. Minor Plats

1. The division of a tract of land into six (6) residential parcels or less, fronting upon an

existing street and needing no new street or infrastructure, may be approved as follows:

The minor plat shall be subject to the same basic procedures as any other subdivision,

provided that the Zoning Administrator/Director may determine in advance of the filing of

an application the details to be required on the plat.

2. The intent of this Section is to eliminate redundant requirements for minor plats that do not

necessitate all of the detail of larger plats. However, the intent of this Section is not to

circumvent good subdivision practices; therefore, the use of this procedure shall be limited

to the creation of six (6) or less new parcels from any tract of land under single ownership

at the time of adoption of this Ordinance.

3. For the purpose of allowing the early construction of model homes in a subdivision, the

Commission in its discretion may permit a portion of a major subdivision involving no more

than three (3) lots to be created in accordance with the procedures for minor subdivision,

provided that said portion derives access from an existing public street, and provided that

no future road or other improvement is anticipated where said lots are proposed. The

subdivision plat for the “minor” portion shall be submitted to the Commission

simultaneously with the primary plat for the entire major subdivision. Subsequent to the

primary approval, the model home(s) may be constructed, subject to such additional

requirements that the Commission may require.

7.4 SURETY

A. Performance Bonds

1. At the time when the Secondary Plat is approved by the Plan Commission and before the

plat is signed by the officers of the Plan Commission or is recorded, the subdivider shall file

a performance bond or irrevocable letter of credit with the Clerk-Treasurer and the City

Council. The performance bond or letter of credit shall:

a. Be drawn in favor of the City of Portland.

b. Be in an amount determined by the Commission to be sufficient to complete the

improvements and installations in compliance with this ordinance. The subdivider’s

engineer shall supply an estimate of the cost of improvements and installation on

the project to aid the Commission in its determination of the amount of the bond.

The engineer’s estimate, however, shall not be binding upon the Commission.

c. Be with surety satisfactory to the Commission and City Council.

d. Comply with all statutory requirements and shall be satisfactory to the Plan

Commission’s Attorney as to form, sufficiency, and manner of execution as set

forth in these regulations.

e. Extend for two (2) years, or 80% complete, or as specified by the Commission in

the resolution approving the secondary subdivision plat.

f. Cover the installation costs of the streets, sanitary sewers, curbs, street signs,

sidewalks, and other recreational amenities, surface swales, subsurface and storm

drainage systems, seeding/erosion control, landscaping, and other public

improvements.

2. The Plan Commission may, upon proof of difficulty, recommend to the City Council

extension of the completion date set forth in such bond for a maximum period of one (1)

additional year. The City Council may at any time during the period of such bond accept a

substitution of principal or sureties on the bond upon recommendation of the Plan

Commission’s Attorney. The City Council shall have the authority to increase the bond

amount to cover increased costs.

3. All required the applicant, at his expense, shall make improvements without reimbursement

by the local government or any improvement district therein.

7-11

Section 7

Portland Zoning Ordinance Amended Ord. #2014-12

SUBDIVISION CONTROL ORDINANCE

4. The sub divider shall be required to maintain at his expense a licensed civil engineer or

engineering firm to manage the construction of the subdivision improvements. The

managing engineer shall certify that the subdivision construction is in compliance with the

detailed construction plans submitted to the Plan Commission during the review of the

secondary plat. The managing engineer shall submit progress reports to the City Engineer

as substantial steps are completed and should notify the City Engineer when important

work has been scheduled so that an inspection can be made. The engineer or his firm

shall submit a final report to the Plan Commission and the City Council.

5. If the City Engineer finds upon inspection that any of the required improvements have not

been constructed in accordance with the construction standards and specifications, the

applicant shall be responsible for correcting any errors in construction and completing the

improvements in accordance with such standards and specifications. Wherever a

performance bond covers the cost of improvements, the applicant and the bonding

company shall be severally and jointly liable for completing the improvements according to

specifications.

6. If a secondary plat is divided into sections, the Plan Commission may allow for

performance bonds to be submitted covering only the cost of improvements to be

constructed in each section.

B. Release of Performance Bond

1. The City Council and Board of Works shall not accept dedication of neither required

improvements nor release nor reduce the performance bond amount until the City

Engineer has submitted a final inspection report of the subdivision. The engineer shall

certify that the layout of the public improvements has been completed, properly inspected,

and is ready for acceptance into the City’s system.

2. The City Council and Board of Works, upon approval of the City Engineer’s inspection

report, shall pass a resolution accepting the improvements in the subdivision and formally

releasing the performance bond.

3. In those cases where a performance bond has been posted and required improvements

have not be installed within the terms of such performance bond, the City Council may

thereupon declare the bond to be in default and require that all the improvements be

installed regardless of the extent of the building development at the time the bond is

declared to be in default.

C. Other Forms of Surety

1. The sub divider may provide the City Council with other liquid assets in an amount equal to

the required performance and maintenance bonds. Such liquid assets may include a cash

escrow account, certificate of deposit, irrevocable letter of credit, money market accounts,

etc., so long as the proper documents are presented by the sub divider to the City Council

giving said Council proper signatory access to the funds upon default.

2. Should the sub divider be required to extend site improvements to the subdivision such as

extensions of water and sewer lines owned by the City of Portland which may provide

benefits to other properties in the vicinity of the proposed subdivision, then the sub divider

and the City Council may, by contract, agree that the other property owners in the vicinity

of the subdivision who wish to connect to or utilize the installation provided by the sub

divider shall pay the City over a ten (10) year period a fee in an amount agreed to by the

contract and that portion of said fee shall be rebated to the sub divider in annual

installments.

After the installation of any utility by the developer, an expiration date of fifteen (15) years shall be

maintained. Thus, after fifteen (15) years from the time of completion, no monies shall be paid to

the developer.

7-12

Section 7

Portland Zoning Ordinance Amended Ord. #2014-12

SUBDIVISION CONTROL ORDINANCE

7.5 PRINCIPLES AND STANDARDS OF DESIGN

A. General

1. The subdivision layout shall be of such a character that it protects the health, safety, and

general welfare of the residents in the jurisdiction of the Plan Commission.

2. Whenever a proposed subdivision borders an existing street, the Commission may require

the reconstruction or widening of such street as a condition of plat approval. Additional

dedication of right-of-way may also be required.

3. In designing and approving subdivision streets, the following factors shall receive

consideration:

a. Accessibility for emergency vehicles and school buses;

b. Safety for both vehicular and pedestrian traffic;

c. Efficiency of service for all users;

d. Livability or amenities as affected by traffic elements in the circulation system; and

e. Economy of both construction and use of land.

4. The design of homes and their aesthetic appearance shall conform to the following factors:

a. No two homes within two hundred fifty (250) feet of one another’s property and on

the same street shall be of the same or relatively the same design.

b. Mirroring of a design or floor plan is considered to be a duplication of design and

will not be permitted.

c. The determination of “relatively the same design” if in question shall be determined

by vote of the Commission.

d. In some instances, similar floor plans may be considered to not be of the same or

relatively the same design if substantial aesthetic differences are incorporated.

Such substantial differences may include several of the following: roof pitch,

architectural style, exterior material, design elements, color, landscaping, and

orientation to the site.

5. When there is a situation of unusual physical conditions or a controlled design environment

in evidence, and it can be satisfactorily demonstrated to the Commission that a private

street is the only feasible solution, said private streets may be authorized provided

pavement construction standards shall be the same as the minimum public standard, and

adequate covenant provisions are made for direct responsibility and control by the property

owners involved to provide for the perpetual operation, liability, and maintenance of said

private streets at no expense to the City of Portland.

6. In addition to the requirements established herein, all subdivision plats shall comply

with the following rules, laws, and regulations:

a. All applicable statutory provisions.

b. The local zoning ordinances, building and housing codes, and all other applicable

laws of the appropriate jurisdiction.

c. The Comprehensive Plan, Thoroughfare Plan, and Capital Improvement Plan of

the City of Portland, including all public facilities, open space, and recreation plans,

as adopted.

d. The rules and regulations of the Indiana Department of Environmental

Management, the Natural Resources Commission, Aeronautics Commission, Jay

County Drainage Board, and other appropriate state agencies.

e. The rules, regulations, and standards of the Indiana Department of Transportation

if the subdivision or lot contained therein abuts a State highway.

f. All applicable planning and regulatory guidelines, including access control,

driveway manuals, parking and traffic control ordinances, and other applicable

guides published by the local governmental units.

g. The “Indiana Manual of Uniform Traffic Control Devices” for installation of traffic

control devices.

7-13

Section 7

Portland Zoning Ordinance Amended Ord. #2014-12

SUBDIVISION CONTROL ORDINANCE

B. Street Standards

1. The street and alley layout shall provide adequate vehicular and pedestrian access to all

lots and parcels of land within the subdivision, and where streets cross other streets.

Streets shall conform to the following principles and standards.

a. Proposed streets shall be adjusted to the contour of the land so as to produce

usable lots and streets of reasonable gradient.

b. Residential street systems shall be designed to minimize through traffic movement,

but 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.

c. 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.

d. Residential street patterns shall provide reasonably direct access to the primary

circulation system.

e. Streets shall be laid out so as to intersect as nearly as possible at right angles. A

proposed intersection of two (2) new streets at an angle of less than seventy-five

(75) degrees shall not be acceptable. A street should be approximately at right

angles for at least one hundred (100) feet there from.

f. Not more than two (2) streets shall intersect at any one (1) point, unless

specifically approved by the Plan Commission.

g. Proposed new intersections along one (1) side of an existing street shall, wherever

practicable, coincide with any existing intersection on the opposite side of such

street. Street jogs with centerline offsets of less than one hundred fifty (150) feet

shall not be permitted except where the intersected street has separated, dual

drives, without median breaks at either such intersection. Where local streets

intersect with arterial or collector streets, their alignment shall be continuous.

h. The minimum right-of-way of residential streets shall be fifty (50) feet. All cul-de-

sacs shall terminate in a circulate right-of-way with a minimum diameter of one

hundred (100) feet and minimum roadway diameter of eighty (80) feet. Cul-de-sac

streets shall not be longer than five hundred (500) feet, unless the Plan

Commission shall determine after public discussion that a greater distance better

serves the interest of public health, safety, and welfare; including traffic flow

considerations; such distance to be measured from the center of the turning circle

to the intersection of the centerline of the cul-de-sac street and the centerline of a

through street provided, however, that if the residential streets within the

subdivision has only one (1) intersection with a through street, the entire

subdivision shall be considered a cul-de-sac and the distance shall be measured

from the point of intersection of the subdivision street and the through street. The

Planning Commission shall determine if the end of a Cul-de-sac shall include a fifty

(50) foot easement for future extension of the street.

i. A temporarily dead-ended street shall be permitted in any case in which a street is

proposed to be and should logically be extended but is not yet constructed. An

adequate easement for a turn-around shall be provided for any such temporary

dead-end street, which extends two hundred (200) feet or more in length. Such

easement shall be automatically vacated to abutting property owners when said

dead-ended street is legally extended.

j. At the intersection of any proposed residential street with any existing street,

acceleration and deceleration lanes, and passing or left turn lanes may need to be

provided in accordance with standards established by the handbook, A Policy of

Geometric Design of Highways and Streets, by the American Association of State

Transportation and Highway Officials.

k. All street construction shall conform to the Standards for Acceptance of Municipal

Improvements Manual as adopted by City Ordinance No. 1985-12.

7-14

Section 7

Portland Zoning Ordinance Amended Ord. #2014-12

SUBDIVISION CONTROL ORDINANCE

C. Block Standards

1. Block length and width or acreage within bounding streets shall be such as to

accommodate the size of lot required by the Zoning Ordinance for the district in which the

subdivision is to be located, and to provide convenient access, circulation control, and

safety of street traffic. Blocks that are unreasonably large or small will not be approved.

2. Residential blocks should not exceed one thousand, five hundred (1,500) feet in length. In

the design of blocks longer than eight hundred (800) feet, the Commission may specify the

provision of pedestrian crosswalks near the center of the block, or wherever would be most

useful to facilitate pedestrian circulation to a school, park, recreation area, shopping center,

or other significant neighborhood destination. Minimum length of blocks shall be three

hundred (300) feet.

3. Blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate length.

Exceptions to this prescribed block width shall be permitted in blocks adjacent to minor

transportation facilities, watercourses, and industrial and commercial areas.

D. Lot Standards

1. Lot dimensions shall comply with minimum standards as specified in Section 3 of this

Ordinance.

2. Double frontage lots shall be prohibited except where necessary to provide separation of

residential development from arterial streets or to overcome specific disadvantages of

topography and orientation.

3. The lot size, width, depth, shape, grade location, and orientation shall be in proper relation

to street and block design and to existing and proposed topographical conditions.

4. All lots shall abut on a public street except where a private street has been specially

approved under Section 7.5 A (5) of this Ordinance.

5. Side lines of lots shall be at approximately right angles to straight streets and on radial

lines on curved streets. Some variation from this requirement is permissible, but pointed or

very irregular lots should be avoided.

6. Building setback lines shall conform to the provisions of Section 3 of this Ordinance.

7. Lots abutting a watercourse, drainage way, channel, stream, or flood plain shall have

additional minimum width or depth as required to provide an adequate building site,

accommodate the full width of necessary easements, and conform to the minimum yard

requirements specified in Section 3 of this Ordinance.

8. Vehicular access from lots to minor or major arterial streets may be prohibited. Vehicular

access from lots to collector streets may be prohibited if the Design Hour Volume is

determined by the Zoning Administrator/Director to be excessive.

E. Easements

1. Easements to permit access for maintenance and repair of surface and subsurface

drainage improvements and utility installations shall be provided on the final copies of the

Primary Plat, Secondary Plat, and Construction Plans. The City Engineer and

representatives of local utility companies shall review location of easements.

2. Easements shall be a minimum of fifteen (15) feet in width, shall provide continuity from

block to block, and shall be located along rear, side, or front lot lines, one-half (½) the width

of the easement shall be taken from each lot. In the case of lots extending to the boundary

of the lands platted and not adjoining another plat, the full width of the easement shall be

provided on such peripheral lots.

3. Where a subdivision is traversed by a watercourse, drainage way, channel, or stream, the

sub divider shall designate drainage easements on both sides of the watercourse, the

width to be determined by the Plan Commission; and in the case of a legal drain, the Jay

County Drainage Board.

4. When a proposed drainage system shall carry water across private lands outside the

subdivision, appropriate drainage rights must be secured by the sub divider and indicated

on the plat. Appropriate legal documentation must be submitted.

7-15

Section 7

Portland Zoning Ordinance Amended Ord. #2014-12

SUBDIVISION CONTROL ORDINANCE

F. Open Space

1. If a proposed development will include at least 40 units (in one phase or a combination of

phases), the sub divider shall be required to plat a minimum of one (1) acre of open space

for each forty (40) dwelling units to be constructed when the gross density of such

development is 2.5 dwelling units per acre or greater. A dwelling unit shall be defined as a

single-family home, condominium, or apartment/rental unit.

2. The sub divider shall permanently dedicate the open space acreage for public use. The

land may be deeded by the sub divider to the City of Portland, the School Corporation,

local service clubs, or to a duly organizes homeowners’ association within the subdivision.

The Plan Commission shall have final approval as to the use of dedicated open space.

3. Easements, crosswalks, and road frontage to provide public access to the open space

shall be shown on the Secondary Plat.

4. Existing natural features, which add value to residential development and enhance the

attractiveness of the community shall be preserved in the design of the subdivision and

may be incorporated into dedicated open space.

G. Subdivision and Street Names

1. The proposed name of the subdivision shall not duplicate, or too closely approximate

phonetically, the name of any other subdivision in the area covered by these regulations.

The Plan Commission shall have final authority to approve the name of the subdivision,

which shall be determined at the time of the preliminary plat approval.

2. Street names shall not duplicate any existing name within the area covered by these

regulations except where a new street is a continuation of an existing street. Street names

that may be spelled different but sound the same as existing streets shall not be used.

3. The Plan Commission shall have final authority to name all streets (in case of conflicts) at

the time of preliminary plat approval.

7.6 STANDARDS FOR IMPROVEMENTS AND INSTALLATIONS

A. Street Improvements

1. Streets shall be completed to grades shown on the Construction Plans drawn by the sub

divider’s professional engineer or land surveyor and approved by the Plan Commission.

2. Intersections shall be designed with a flat grade wherever practical. In hilly or rolling areas,

at the approach to an intersection, a leveling area shall be provided having not greater than

a two percent (2%) grade at a distance of sixty (60) feet, measured from the nearest right-

of-way line of the intersecting street.

3. At intersections of streets or alleys, property line corners shall be rounded by arcs of at

least twenty (20) feet radii or by chords of such arcs. Arterial and all streets in commercial

and industrial subdivisions shall have a minimum curb radius of thirty (30) feet. Collector

streets shall have a minimum curb radius of twenty-five (25) feet. Local streets shall have

a minimum curb return radius of twenty (20) feet.

4. If the smaller angle of intersection of two (2) streets is less than sixty (60) degrees, the

radius of the arc at the intersection of property lines shall be increased as deemed

advisable by the Commission.

5. a. Horizontal visibility on curved streets and vertical visibility on all streets must be

maintained along the centerline as follows:

(1) Arterial Streets 500 feet

(2) Collector Streets 300 feet

(3) Local Streets 150 feet

7-16

Section 7

Portland Zoning Ordinance Amended Ord. #2014-12

SUBDIVISION CONTROL ORDINANCE

b. Curvature measured along the centerline shall have a minimum radius as follows:

(1) Arterial Streets (or as determined by 500 feet

min. design speed standards)

(2) Collector Streets 300 feet

(3) Local Streets 150 feet

c. Between reversed curves there shall be a minimum tangent distance as follows:

(1) Arterial Streets 100 feet

(2) Collector Streets 40 feet

(3) Local Streets 40 feet

6. Maximum/minimum grades for streets shall be as follows:

a. Arterial Streets - not greater than six percent (6%).

b. Collector Streets - not greater than eight percent (8%).

c. Local Streets - not greater than eight percent (8%).

d. Minimum grade for all streets is four-tenths percent (0.4%).

7. Before any performance bond covering a street installation is released, the Plan

Commission, City Council, or City Engineer may request that core borings of the street be

done at the sub divider’s expense. Cores shall be sent to an independent testing

laboratory for analysis.

8. A developer may request permission of the Plan Commission to delay the installation of the

one-(1) inch surface layer of asphalt until the binder layer of asphalt has had a sufficient

time period to prove its durability under the stress of heavy construction traffic.

9. The developer shall be required to submit a separate performance bond to cover the cost

of the installation of the one-(1) inch surface layer of asphalt.

10. Design Requirements of Street Pavements:

Alternative

Arterial

Collector

Local

BITUMINOUS PAVEMENT &

STONE BASE

#2 Compacted Aggr. Base

6 Inches

#53 or #73 Compacted Aggr.

Base

4 Inches

220 lb/S.Y. #9 Asphalt Binder

3±Inches

3± Inches

2± Inches

110 lb/S.Y. #11B Asphalt Surface

1± Inch

FULL-DEPTH ASPHALT

PAVEMENT

Asphalt Base

550 lb/S.Y.

440 lb/S.Y.

#9 Asphalt Binder

330 lb/S.Y.

220 lb/S.Y.

#11B Asphalt Surface

140 lb/S.Y.

CONCRETE PAVEMENT

#73 Compacted Aggr. Base

4 Inches Min.

2 Inches Min.

Unreinforced Concrete Pavement

8 Inches

7-17

Section 7

Portland Zoning Ordinance Amended Ord. #2014-12

SUBDIVISION CONTROL ORDINANCE

b. The earth or stone sub base beneath the concrete street and the stone sub base

beneath the flexible asphalt street shall be compacted to standards established by

City Ordinance No. 1985-12.

c. Subsurface drainage tile shall be placed under the street base where the sub

divider’s engineer or the City Engineer has determined that wet or unstable soil

conditions exist.

d. All materials shall be furnished and installed in accordance with Standard

Specifications, Indiana Department of Transportation, latest edition.

11. Dimensional Requirements of Street Pavements

a. Minimum Minimum

Street Width Dedicated

Street Type (Feet) Right-of-Way

Width (Feet)

Arterial 30 80

Collector 30 80

Local 27 50

b. Street width is measured from back to back of a two- (2) foot wide curb and gutter

located on each side of the street unless otherwise approved.

B. Storm Water and Subsurface Drainage

1. The sub divider shall provide the subdivision with an adequate storm water sewer system

whenever curbs and gutters are installed and whenever the evidence available to the

Commission indicates that natural surface drainage is inadequate. When the surface

drainage is adequate, easements for such surface drainage shall be provided. Curbs and

storm drains along both sides of all streets are required in all subdivisions.

2. The storm water drainage system shall be separate and independent of any sanitary sewer

system.

3. Storm drainage facilities shall be located in the street right-of-way, where feasible, or in

perpetual, unobstructed easements of appropriate width, and shall be constructed in

accordance with the details on the Construction Plans provided by the sub divider’s

engineer or as approved by the Plan Commission.

4. Storm sewer inlets shall be provided at all low points and so that surface water is not

carried across or around any intersection, or for a distance of more than three hundred

(300) feet in the gutter or as approved by the City Engineer.

5. It is the responsibility of the sub divider to keep all major watercourses, drainage systems,

etc., not under the jurisdiction of any public agency, open and free flowing.

6. Drainage facilities shall be capable of accommodating peak runoff from a ten- (10) year

return period storm or greater intensity, without endangering the public safety, health, or

causing significant damage to property.

7. Design Calculations: Design calculations are required as part of the drainage plan and

shall specifically include:

a. Estimate of storm water runoff:

(1) Drainage map, including indication of drainage patterns for lots and blocks

of areas affecting the proposed development site.

(2) Weighted runoff coefficient computations.

(3) Time of concentration computation indicating overland flow time and travel

times in swales, gutters, pipes, and/or channels.

b. Closed conduit and open channel design computations:

(1) Size of pipe or channel cross-section.

(2) Pipe and channel slopes in percent.

(3) Roughness coefficient.

(4) Flow velocities in feet per second.

(5) Design capacity in cubic feet per second.

(6) Pipe and channel invert elevations.

7-18

Section 7

Portland Zoning Ordinance Amended Ord. #2014-12

SUBDIVISION CONTROL ORDINANCE

c. Head loss computations in manholes and junction chambers.

d. Hydraulic gradient computations, wherever applicable.

8. On-site drainage facilities shall be designed to accommodate:

a. The water runoff from the parcel after development;

b. The present water runoff from developed areas upstream;

c. the present peak water runoff from undeveloped areas upstream;

9. Each applicant or other entity which makes any surface change shall be required to:

a. Collect on-site surface runoff and springs and dispose of it to the point of discharge

into an adequate outlet approved by the City Engineer.

b. Pay his proportionate share of the total cost of off-site improvements to the

common natural watercourse.

c. Provide and install at his expense, in accordance with the requirements of the

Ordinance, all drainage and erosion control improvements.

10. The sub divider shall provide a subsurface drainage system, below curbs, to be placed

along both sides of the subdivision streets and wherever else within the subdivision that it

is determined to be necessary. The purpose of the subsurface piping system is to provide

drainage for the street sub base. The subsurface drainage system shall discharge to the

storm sewer system or to the surface drainage system upon approval from the City

Engineer. No subsurface drainage system connections will be permitted to the sanitary

sewer system.

11. It shall be illegal for sump pumps, downspouts, or foundation drains to outlet directly to the

street or into the right-of-way of the street, or to be connected to the sanitary sewer.

12. Plans for storm water drainage shall include details for storm water detention and retention.

Detention facilities shall be designed using the following guidelines to limit the peak

discharge from a development.

a. For developments with a drainage area (tributary to storm water detention

facilities) equal to or greater than ten (10) acres, peak discharge from the detention

facility shall be limited to the five- (5) year predeveloped frequency storm peak

discharge, with a duration equal to or slightly greater than the time of concentration

for the drainage area, or the twenty-four (24) hour duration storm, whichever

provides the lesser peak discharge.

b. For developments with drainage area (tributary to detention facilities) less than ten

(10) acres, peak discharge from the detention facility shall be limited to the ten (10)

year period pre-developed frequency storm peak discharge, with the same

duration criteria provided in Section a. above.

c. The five (5) year/ten (10) year peak discharge shall be based on land use

conditions prior to development, using corresponding runoff coefficients, time of

concentration, and other basin parameters.

d. Inflow (runoff) to all storm water detention facilities shall be determined using a one

hundred (100) year twenty-four (24) hour storm to develop an inflow hydrograph.

e. The one hundred (100) year twenty-four (24) hour peak discharge (and inflow

hydrograph) shall be based on land use conditions representing fully developed

conditions, using corresponding runoff coefficients, time of concentration, and

other basin parameters.

f. A routing procedure shall be used to demonstrate that the storm water detention

facility will reduce the one hundred (100) year peak discharge, from the developed

area, to a peak discharge equal to or less than five (5) year/ten (10) year peak

discharge using the pre-developed conditions.

g. The results of the routing procedure shall demonstrate that adequate storage

volume has been provided. The detention facility shall not be overtopped from the

one hundred (100) year twenty-four (24) hour storm event, and shall have a

minimum freeboard of two (2) feet between the maximum routed pool elevation

and the top of the facility embankment.

7-19

Section 7

Portland Zoning Ordinance Amended Ord. #2014-12

SUBDIVISION CONTROL ORDINANCE

h. An emergency spillway shall be provided to discharge flow resulting from pool

elevations greater than the one hundred (100) year twenty-four (24) hour pool

elevation. The spillway shall have a minimum size adequate to pass the routed

one hundred (100) year twenty-four (24) hour storm (assuming that the primary

spillway is plugged and non-functional) without overtopping the detention facility

embankment. The elevation of the emergency spillway shall not be placed lower

than the routed one hundred (100) year twenty-four (24) hour pool elevation.

i. Erosion protection shall be provided for the primary outlet and emergency spillway

so that the detention facility embankment will be adequately protected. Location of

the emergency spillway shall be in undisturbed material, unless otherwise

approved by the City Engineer.

j. The minimum allowable size for the primary outlet conduit, from the detention

facility, shall be twelve (12) inches. If further restriction of the outlet conduit is

required, the restriction shall be made at the head end of the outlet conduit.

k. In those instances where the discharge velocity from the primary outlet or

emergency spillway is greater than 6fps or excessive in the opinion of the City

Engineer, energy dissipation may be required.

l. Detention facilities, which are designed to have dry bottoms, must be designed to

include under drains, to drain the bottom of the detention facility, so that the facility

can be maintained. Also, the bottom of the facility shall be designed to have

longitudinal and traverse grade to the outlet, so that the facility will empty, leaving

no ponded water.

m. Methodology for developing peak discharge hydrographs and flood routing

calculations shall be in accordance with acceptable engineering practice.

Calculations based on the Soil Conservation Service Procedures, the Corps of

Engineers’ Procedure’s, or the Bureau of Reclamation Procedures are considered

acceptable. The City Engineer must approve all other procedures.

n. Peak discharge calculations shall be submitted for the five (5) year/ten (10) year

predevelopment and one hundred (100) year post-development conditions. The

calculations shall show the drainage area, the runoff coefficients, the time of

concentrations, and other basin parameters used to develop the appropriate peak

discharges.

o. Calculations shall be submitted which show stage-discharge relationships (rating

curves) for the primary outlet and emergency spillway, the stage-storage

relationship for the detention facility, the inflow hydrograph for the one hundred

(100) year twenty-four (24) hour storm, and the routed one hundred (100) year

twenty-four (24) hour discharge hydrograph.

C. Curbs and Gutters

1. The Commission shall require curbs and gutters to be installed on each side of new

streets.

2. The curbs and gutters shall be constructed according to the following specifications:

a. The base for the curbs and gutters shall be well compacted on the existing base or

grade.

b. The minimum grade of any street gutter shall not be less than four-tenths percent

(0.4%).

c. The curbs and gutters shall be roll type, unless otherwise required or approved by

the City Engineer.

d. Inlets shall be located at the low point in the street grade and at other spacing as

storm water system calculations require. The maximum spacing between any two

inlets shall be 500 feet.

e. Inlet grates should be depressed slightly below the plane of the gutter to improve

removal of runoff water. Inlet grates shall be heavy-duty type and recommended

for bicycle traffic.

7-20

Section 7

Portland Zoning Ordinance Amended Ord. #2014-12

SUBDIVISION CONTROL ORDINANCE

D. Sewers

1. The sub divider shall provide the subdivision with a complete sanitary sewer system, which

shall connect with an existing interceptor sewer linking the subdivision to the Portland

Wastewater Treatment Plant. If said interceptor is not located adjacent to the subdivision

site, it shall be the responsibility of the sub divider to extend the interceptor sewer to his

property line. The sub divider may be reimbursed for part of the cost of extending the

interceptor sewer.

2. Design plans for installation of a sanitary sewer system shall be provided by the sub divider

and approved by the City Council, Board of Works, the Indiana Department of

Environmental Management, and other appropriate local and State agencies as required.

Upon the completion of the sanitary sewer installation, the construction plans for such

systems as-built shall be filed with the City Council and Board of Works.

3. Each lot in the subdivision shall be required to pay a sewer connection fee to the Portland

Clerk-Treasurer, as indicated in the official fee schedule at the time of obtaining a Location

Improvement Permit.

4. Selected Design Criteria

a. Alignment - All sewers shall be laid with a straight alignment between manholes.

b. Manhole Location - Manhole type, size, location and design shall be completed in

accordance with the Standards for Acceptance of Municipal Improvements, as

adopted by City Ordinance No. 1985-12.

c. Manholes - The difference in elevation between any incoming sewer and the

manhole invert shall not exceed twenty-four (24) inches where required to match

crowns. The use of drop manholes will require approval by the City Engineer. The

minimum inside diameter of the manholes shall conform to those specified by the

City Engineer or according to State requirements.

d. Sewer Locations - Sanitary sewers shall be located within street or alley rights-of-

way, unless topography dictates otherwise. When located in easements on private

property, access shall be provided for all manholes and over sizing may be

required in these instances. Where sewer lines in private easements cross public

street or alley rights-of-way, a manhole shall be provided in such rights-of-way

where possible. Imposed loading shall be considered at all manhole locations. No

less than six (6) feet of cover shall be provided over top of pipe in street and alley

rights-of-way or five (5) feet in all other areas.

e. Relation of Sewers to Water Mains - A minimum horizontal distance of ten (10)

feet shall be maintained between parallel water and sewer lines. A minimum

vertical distance of eighteen (18) inches shall be maintained between intersecting

water and sewer lines.

f. Mandatory Connections to Public Sewers - If a public sanitary sewer is

available within 300 feet of a property, the owner thereof may be required to

connect to said sewer for the purpose of disposing of waste. It shall be unlawful

for any such owner or occupant to construct or rebuild upon such property an

individual sewage disposal system.

E. Water Supply

1. The sub divider shall provide the subdivision with a complete water supply system, which

shall be connected to the existing Portland water supply.

2. The plans for the installation of water main supply systems shall be provided by the sub

divider and approved by the City Council and the Indiana Department of Environmental

Management. Upon completion of the water supply installation, the plans for such system

as built shall be filed with the City Council.

3. Approved fire hydrants shall be provided at each street intersection and at intermediate

points between intersections, as recommended by the local fire department. Generally,

hydrant spacing may range from three hundred fifty (350) to six hundred (600) feet,

depending on the area being served.

7-21

Section 7

Portland Zoning Ordinance Amended Ord. #2014-12

SUBDIVISION CONTROL ORDINANCE

F. Monuments and Markers

1. Monuments and markers shall be placed under the supervision of a licensed land surveyor

and according to State Land Surveyor Regulations 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.

2. Monuments shall be set:

a. At the intersection of lines forming angles in the boundary of the subdivision, at the

beginning and end of all curves and points of tangency of the perimeter of the plat.

b. At the intersection of right-of-way lines within the plat.

3. Markers shall be set:

a. At the intersection of the centerlines of all streets, the center points of all cul-de-

sacs turn around, at the beginning and end of all curves and at angle points.

b. At all points where lot lines intersect curves, either front or rear.

c. At all angles in property lines of lots.

d. At all lot corners not established by monuments.

4. Monuments shall be of precast concrete or cast-in-place concrete with minimum

dimensions of four (4) inches by four (4) inches by thirty-six (36) inches set vertically in

place. They shall be marked on top with iron or copper dowels at least three eighths (3/8)

inch in diameter, or deeply scored on top with a right angle cross.

Markers shall consist of iron pipes, steel bards, or copper bars, contain magnetic qualities,

have a distinctive top which will be marked with a deep point or cross at the correct

location, and be thirty-six (36) inches in total length and not less than five-eighths (5/8) inch

in diameter.

5. A minimum of one (1) permanent benchmark shall be established for each forty (40) acres

or fraction thereof, subdivided and at a location designated by the City Engineer. The

monuments shall be of concrete with a dimension of four (4) inches by four (4) inches and

forty-eight (48) inches long. A brass plate inscribed with the elevation of the benchmark

shall be fastened to the concrete with a minimum of one-fourth (1/4) inch high letters and

numbers. Unless otherwise directed by the City Engineer, benchmark datum shall conform

to USGS sea level datum of 1929 and/or USC and GS datum.

6. It shall be the responsibility of the sub divider to prevent disturbance or destruction to all

existing monuments within the jurisdictional boundaries of the City of those parties under

the direction of or in the employment by the sub divider. Any activities relating to the sub

divider’s improvements which cause disturbance or destruction of existing monuments

shall be reported immediately to the City as well as to the appropriate county, state, or

federal agencies. The sub divider shall be responsible for the cost of any repair or re-

establishment of any existing monument disturbed or destroyed by his activities. The sub

divider shall be aware of fines and penalties in existence for disturbance or destruction of

existing monuments.

7. All Public Land Survey points (section corners, quarter section corners, etc.) within or on

the boundaries of the land to be subdivided shall be shown of the plat and referenced by

no less than three (3) measurements of angle and distance. Each measurement of angle

and distance shall be made from a separate known point on the perimeter of the

subdivision.

8. Lot corner markers shall be accurate at the time of sale or transfer from the sub divider to a

second party. After sale or transfer is complete, the sub divider, the City, or other

authorized agents shall not be liable for the accuracy of said markers.

9. All documentation necessary for the City Engineer to ascertain the location and accuracy

of the required monuments of this Section shall be submitted by the sub divider to the City

Engineer.

10. The plat shall indicate the type and location of all required monuments set within the

property being subdivided.

7-22

Section 7

Portland Zoning Ordinance Amended Ord. #2014-12

SUBDIVISION CONTROL ORDINANCE

11. Sub divider shall be required to establish the elevation of any bench mark set within the

limit of the project to within one-hundredth (1/100) of a foot of the U.S. Geological Survey

1929 sea level datum or USC & GS datum. Evidence of the established elevation shall be

certified by a registered land surveyor licensed by the State of Indiana and shall be

submitted to the City Engineer.

12. Sub divider shall be required to establish the location of all horizontal monuments by

means of a traverse of the third order or better. Evidence of successful completion of the

required traverse shall be certified by a registered land surveyor licensed by the State of

Indiana and shall be submitted to the City Engineer.

G. Sidewalks

1. Sidewalks shall be required to be located on both sides of every street within the

subdivision plat, including around cul-de-sacs. Sidewalks shall be six (6) inches thick at

drives and at least four (4) inches thick in all other locations. If driveways cannot be

located, special permission may be obtained by the Commission to deviate from this

standard. Sidewalks shall be five (5) feet wide. Sidewalks shall be Portland Cement type

in accordance with the Standard Specifications of the Indiana Department of

Transportation, latest edition, with expansion joints every fifty (50) feet and control joints

every five (5) feet.

2. Sidewalks and pathways located away from streets should be properly lighted to permit

visual surveillance of the walk or path from the street.

3. When sidewalks or pathways cross major street intersections within or adjacent to the

subdivision, safety devices such as painted crosswalks, signs, or traffic signals shall be

installed.

4. Easements of at least ten (10) feet in width shall be provided for sidewalks, pedestrian

paths, and bicycle paths.

5. ADA-compliant ramps for wheelchairs and bicycles shall be provided on all sidewalks and

pathways. Ramps are to be located at all intersections and other transition access points.

Overhead obstructions shall be cleared to a height of at least eight (8) feet. Rolled curbs

are not a substitute for wheelchair ramps.

H. Street Signs and Street Lighting

1. The sub divider shall be responsible for installing street signs at each intersection

throughout the subdivision. The City of Portland shall be responsible for placement of

traffic control signs where deemed necessary in the development by the City Engineer.

2. When the subdivision contains private streets, the sub divider shall be required to post a

sign at the entrance of the development proclaiming the name of the subdivision with the

phrase “Private Streets” placed directly below in letters of two (2) inches minimum height.

3. The sub divider shall provide the subdivision with street lights to be installed at

intersections throughout the subdivision or where deemed necessary by the City Engineer.

Street lights shall be pole mounted and conform to the installation specifications of the

Electric Utility. All electric lines are to be buried.

I. Utilities

All utility lines, including electrical power, gas, telephone, CATV, sewer, and water shall be located

underground throughout the subdivision. The location of utility lines shall be shown on the Primary

Plat and on the Construction Plans. The utility or sub divider shall provide Service connections to

the property lines of each lot in the development.

7-23

Section 7

Portland Zoning Ordinance Amended Ord. #2014-12

SUBDIVISION CONTROL ORDINANCE

7.7 DRAINAGE, EROSION, AND SEDIMENT CONTROL

A. General

1. No changes shall be made in the contour of the land, nor shall grading, excavating,

removal, or destruction of the topsoil, trees, or other vegetative cover of the land be

commenced until such time that a plan for minimizing erosion and sedimentation has been

reviewed by the Zoning Administrator/Director or there has been a determination by the

Zoning Administrator/Director that such plans are not necessary. (Applies only to

subdivision developments.)

2. Measures used to control erosion and reduce sedimentation and to provide drainage shall,

as a minimum, meet the standards and specifications of the Jay County Storm Drainage,

Erosion, and Sediment Control Ordinance. The Zoning Administrator/Director shall ensure

compliance with all appropriate specifications.

B. Performance Principles

The following measures are effective in minimizing erosion and sedimentation and shall be

included where applicable in the overall development plan.

a. Existing features which would add value to residential, commercial, natural, or

manmade assets such as trees, streams, vistas, historically significant items, and

similarly irreplaceable assets shall be preserved through careful and harmonious

design.

b. Stripping of vegetation, regrading, or other development shall be done in such a

way that will minimize erosion.

c. Development plans shall keep cut fill operations to a minimum and ensure

conformity with topography so as to create the least erosion potential and

adequately handle the volume and velocity of surface water runoff.

d. Whenever feasible, natural vegetation shall be retained, protected, and

supplemented.

e. The disturbed area and the duration of exposure shall be kept to a practical

minimum.

f. Temporary vegetation and mulching shall be used to protect exposed critical areas

during development.

g. The permanent final vegetation and structural erosion control and drainage

measures shall be installed as soon as practical in the development.

h. Provisions shall be made to effectively accommodate the increased runoff caused

by changed soil and surface conditions during and after development. Where

necessary, the rate of surface water runoff will be structurally retarded.

i. Sediment in the runoff water shall be trapped until the disturbed area is stabilized

by the use of debris basins, sediment basins, silt traps, or similar measures.

j. Design and construction of the drainage facility shall be such that it will be durable

and easy to maintain.

C. Grading for Drainage

In order to provide more suitable sites for building and other uses, improve surface drainage, and

control erosion, the following requirements shall be met:

1. The locations, grading, and placement of subgrade (base) material of all streets, public

driveway, and public parking areas shall be accomplished second, after erosion control

measures have been taken.

2. All lots, tracts, or parcels shall be graded to provide proper drainage away from the

buildings, dispose of it without ponding. All land within the development shall be graded to

drain and dispose of surface water without ponding, except where approved by the City

Engineer.

7-24

Section 7

Portland Zoning Ordinance Amended Ord. #2014-12

SUBDIVISION CONTROL ORDINANCE

3. All drainage provisions shall be of such design to adequately handle the surface runoff and

carry it to the nearest suitable outlet such as a curbed street, storm drain, or natural

watercourse. Where drainage swales are used to divert surface waters away from

buildings, they shall be sodded or planted, as required, and shall be of such slope, shape,

and size as to conform to the requirements of the Commission.

4. Concentration of surface water runoff shall only be permitted in swales, watercourses,

pipes, and detention ponds.

5. Land alteration shall be accomplished in such a way that the grades left at the time that the

work is completed will be permanent and stable.

6. Excavation and Fills

a. Cut and fill slopes shall not be steeper than three to one (3:1), unless stabilized by

a retaining wall or cribbing as approved by the City Engineer when handled under

special considerations.

b. Provisions shall be made to prevent surface water from damaging the cut face of

excavations or the sloping surfaces of fills, by installation of temporary or

permanent drainage across or above this area.

c. Cuts and fills shall not endanger adjoining property.

d. Fills shall be placed and compacted so as to minimize sliding or erosion of the soil.

e. Fills shall not encroach or impede flows of natural watercourses or constructed

channels.

f. Fills placed adjacent to natural watercourses or constructed channels shall have

suitable protection against erosion during this period of construction.

g. Grading shall not be done in such a way so as to divert water onto the property of

another landowner without the expressed consent of the landowner.

h. During grading operations, necessary measures for dust control shall be

exercised.

i. Grading equipment shall not be allowed to cross-live streams. Provisions shall be

made for the installation of temporary or permanent culverts or bridges.

D. Responsibility for Drainage and Erosion Control

1. Whenever sedimentation is caused by stripping of vegetation, regrading, or other

development activities, it shall be the responsibility of the applicant, person, corporation, or

other entity causing such sedimentation to remove it from all adjoining surfaces, drainage

systems, and watercourses, and to repair any damage at his expense as quickly as

possible.

2. Maintenance of all driveways, parking areas, drainage facilities, and watercourses within

any development plan area is the responsibility of the applicant or developer, provided that

said facilities have not been dedicated to the public and accepted by the appropriate

authority for public maintenance.

3. It is the responsibility of the applicant and any person, corporation, or other entity doing

any action on or across a communal stream, watercourse, or swale, or upon the flood plain

or floodway area of any watercourse during the period of development, to return these

areas to their original or equal condition upon completion of said activities.

4. No applicant, person, corporation, or other entity shall block, impede the flow of, alter,

construct any structure, deposit any material or thing, or commit any act which will affect

normal or flood flow in any communal stream or watercourse without having obtained prior

approval from the Jay County Drainage Board and/or the Indiana Department of Natural

Resources, Division of Water, whichever is applicable.

5. On-site drainage facilities shall be sufficient to accept:

a. the water runoff from the parcel after development;

b. the present water runoff from undeveloped areas upstream; and

c. the present water runoff from undeveloped areas upstream; and

d. that part of the water runoff attributable to future development in undeveloped

areas upstream, which is not reasonably likely to be accommodated in such

upstream areas.

7-25

Section 7

Portland Zoning Ordinance Amended Ord. #2014-12

SUBDIVISION CONTROL ORDINANCE

6. Each applicant or other entity, which makes any surface, changes shall be required to:

a. Collect on-site surface runoff and springs and dispose of it to the point of discharge

into an adequate outlet approved by the City Engineer.

b. Handle existing and potential off-site runoff through the development by designing

to adequately handle storm runoff from a fully developed area upstream.

c. Pay his proportionate share of the total cost of off-site improvements to the

common natural watercourse, based on a fully developed drainage area.

d. Provide and install at his expense, all necessary drainage and erosion control

improvements (temporary and permanent) or as required by the City Engineer.

7. It is the responsibility of the applicant or owner to keep all major watercourses, not under

the jurisdiction of any public agency, open and free flowing.

8. The applicant or owner will assume the responsibility for maintaining an open and free

flowing condition in all minor streams, watercourses, and drainage systems, constructed or

otherwise improved in accordance with this Section, which are necessary for proper

drainage.

E. Compliance with Regulations and Procedures

1. The design, installation, and maintenance of the required drainage facilities and erosion

and sediment control measures shall be in accordance with the standards and

specifications of the Jay County Storm Drainage, Erosion, and Sediment Control

Ordinance.

2. The approval of plans and specifications for the control of erosion and sedimentation shall

be concurrent with the approval of the development and shall become a part thereof.

3. Permission for clearing and grading prior to the approval of the development plan may be

obtained under temporary easements or other conditions satisfactory to the City Engineer.

4. In the event the applicant or developer proceeds to clear and grade prior to the approval of

the subdivision or development plan, without satisfying conditions specified herein, the

Plan Commission may revoke the approval of all plans and a suit for an injunction may be

instituted to halt further construction until development plans are approved.

5. Topsoil shall not be removed from residential lots or used as spoil. No construction debris,

junk, rubbish, or waste material shall be buried in any land or left deposited on any lot or

street within a subdivision.

7.8 COMMERCIAL AND INDUSTRIAL SUBDIVISIONS

A. General Requirements

1. Land proposed for platting as a commercial or industrial subdivision shall be subject to all

of the requirements of this Ordinance and shall conform to the zoning requirements of the

district in which it is located. A Primary Plat, Secondary Plat, and Construction Plans shall

be submitted to the Plan Commission for review.

2. Lots and block standards for commercial and industrial subdivisions should be flexible so

that lot sizes may be expanded by the sub divider to meet the requirements of a

prospective buyer or tenant. If, after recording of a Secondary Plat, the sub divider wishes

to amend the lot dimensions, an amended Secondary Plat shall be presented by the sub

divider to the Plan Commission for review. Substantial changes shall have to go through

another public hearing process. The determination of “substantial changes” and the

necessity of a public hearing shall be made by the Zoning Administrator/Director.

3. Streets located in a commercial or industrial subdivision shall be constructed to the

specifications for secondary streets as detailed in this Section. The streets shall have a

width of thirty (30) feet and a right-of-way of seventy (70) feet minimum. The Plan

Commission may require curb and gutter, storm drainage, and subsurface drainage. Once

constructed to the specifications of the City, the sub divider may dedicate the streets to the

City or may, upon approval of the Plan Commission, elect to keep the streets private to be

maintained by the owners and/or tenants of the subdivision.

7-26

Section 7

Portland Zoning Ordinance Amended Ord. #2014-12

SUBDIVISION CONTROL ORDINANCE

4. Every effort shall be made to protect adjacent residential areas from potential nuisance

from a proposed non-residential subdivision, including the provision of extra depth in

parcels backing up on existing or potential residential development and provisions for a

permanently landscaped buffer strip, when necessary.

5. Truck routes shall be established so as to prevent industrial traffic from encroaching into

adjacent residential areas.

6. The builder shall provide each building or lot in the subdivision with a paved parking area

with enough marked spaces to meet the requirements of this Ordinance. The parking area

shall have a proper drainage system and should be adequately landscaped and lighted.

7. Loading areas or loading docks shall be designed so that they do not interfere with the

operation of other lots or buildings. Loading areas shall not encroach on setback lines.

8. No materials, supplies, motor vehicles, or equipment shall be stored outside of the

buildings, unless the storage area is properly screened.

9. Frontage roads shall be provided where requested by the Commission to prevent

numerous entrances on existing streets.

10. With respect to traffic and storm drainage, commercial and industrial subdivisions shall be

considered in totality, and individual parcels or lots shall not be considered separately.

7-27

Section 7

Portland Zoning Ordinance Amended Ord. #2014-12

Sign

Regulations

Section 8

Portland Zoning Ordinance Amended Ord. #2014-12

SIGN REGULATIONS

8.1 INTENT

The purpose of this Section is to provide minimum standards to safe-guard life, health, property, property

values, and public welfare by regulating and controlling the quality of materials, construction, installation,

and maintenance of signs, in addition to the number, size, sign type, location, height, design, sign structure,

and type of illumination of all signs.

8.2 DEFINITIONS

The following words and terms shall, for the purposes of this section and used elsewhere in this

code, have the meaning shown herein.

"A" Frame Sign - Sign containing two faces of approximately equal size positioned in an "A" shape no

more than eighteen (18) inches wide and no more than thirty-six (36) inches high.

Abandoned Sign - A sign structure that has ceased to be used and the owner intends to no longer have

use for the display of sign copy, or as otherwise defined by state law.

Animated Sign - A sign employing actual motion or the illusion of motion. Animated signs, which are

differentiated from changeable signs as defined and regulated by this code, include the following types:

Electrically activated - Animated signs producing the illusion of movement by means of electronic,

electrical or electro-mechanical input and/or illumination capable of simulating movement through

employment of the characteristics of one or both of the classifications noted below:

1. Flashing - Animated signs or animated portions of signs whose illumination is

characterized by a repetitive cycle in which the period of illumination is either the same as

or less than the period of non-illumination. For the purposes of this ordinance, flashing will

not be defined as occurring if the cyclical period between on-off phases of illumination

exceeds 4 seconds.

2. Patterned illusionary movement - Animated signs or animated portions of signs whose

illumination is characterized by simulated movement through alternate or sequential

activation of various illuminated elements for the purpose of producing repetitive light

patterns designed to appear in some form of constant motion.

Environmentally activated - Animated signs or devices motivated by win, thermal changes or

other natural environmental input. Includes spinners, pinwheels, pennant strings, and/or other

devices or displays that respond to naturally occurring external motivation.

Mechanically activated - Animated signs characterized by repetitive motion and/or rotation

activated by a mechanical system powered by electric motors or other mechanically induced

means.

Awning - An architectural projection or shelter projecting from and supported by the exterior wall of a

building and composed of a covering of rigid or non-rigid materials and/or fabric on a supporting framework

that may be either permanent or retractable, including such structures that are internally illuminated by

fluorescent or other light sources.

Awning Face - That portion of an awning which is angles other than 90 degrees to grade

Awning Valance - The narrow vertical hanging flap at the front edge of an awning which is 90 degrees to

grade.

Awning Sign - Signage displayed on, attached to, or applied flat against the face or valance of an awning.

Backlit Awning - An awning with a translucent covering material and a source of illumination contained

within its framework.

8-1

Section 8

Portland Zoning Ordinance Amended Ord. #2014-12

SIGN REGULATIONS

Banner - A flexible substrate on which copy or graphics may be displayed; no wider than three (3) feet or

no longer than eight (8) feet.

Bench Sign - Any sign placed on, affixed to, painted on or located on a bench.

Billboard - See “Outdoor advertising sign.”

Building Elevation - The entire side of a building from ground level to the roofline as viewed perpendicular

to the walls on that side of the building.

Canopy (Attached) - A multisided overhead structure or architectural projection supported by attachments

to a building on one or more sides and either cantilevered from such building or also supported by columns

at additional points. The surface(s) and/or soffit of an attached canopy may be illuminated by means of

internal or external sources of light.

Canopy (Free-standing) - A multisided overhead structure supported by columns, but not enclosed by

walls. The surface(s) and or soffit of a freestanding canopy may be illuminated by means of internal or

external sources of light.

Changeable Sign - A sign with the capability of content change by means of manual or remote input,

including signs which are:

Electrically activated - Changeable sign whose message copy or content can be changed by

means of remote electrically energized on-off switching combinations of alphabetic or pictographic

components arranged on a display surface. Illumination may be integral to the components, such

as characterized by lamps or other light-emitting devices; or it may be from an external light source

designed to reflect off the changeable component display. See also “Electronic message sign or

center.”

Manually activated - Changeable sign whose message copy or content can be changed manually.

Combination Sign - A sign that is supported partly by a pole and partly by a building structure.

Directional Sign - Any sign that is designed and erected for the purpose of providing direction and/or

orientation for pedestrian or vehicular traffic.

Double-Faced Sign - A sign with two faces, back to back.

Electric Sign - Any sign activated or illuminated by means of electrical energy.

Electronic Message Sign or Center - An electrically activated changeable sign whose variable message

capability can be electronically programmed.

Exterior Signn - Any sign placed outside a building.

Free-Standing / Pole Sign - A sign principally supported by a structure affixed to the ground, and not

supported by a building, including signs supported by one or more columns, poles or braces placed in or

upon the ground.

Frontage (Building) -The length of an exterior building wall or structure of a single premise orientated to

the public way or other properties that it faces.

Frontage (Property) - The length of the property line(s) of any single premise along either a public way or

other properties on which it borders.

8-2

Section 8

Portland Zoning Ordinance Amended Ord. #2014-12

SIGN REGULATIONS

Ground Sign - A low-profile, on-premise sign completely or principally self-supported by posts or other sign

apparatus independent of any building or other structure.

Illuminated Sign - A sign characterized by the use of artificial light, either projecting through its surface(s)

(internally illuminated); or reflecting off its surface(s) (externally illuminated).

Landscaping - The improvement of a lot with grass, shrubs, trees, and other vegetation and/or ornamental

objects. Landscaping may include pedestrian walks, flowerbeds, berms, fountains and other similar natural

and manmade objects designed and arranged to produce an aesthetically pleasing effect.

Menu Board - A free-standing sign orientated to the drive-through lane for a restaurant that advertises the

menu items available from the drive-through window, and which has no more than 20 percent of the total

area for such a sign utilized for business identification.

Multiple-Faced Sign - A sign containing three or more faces.

Mural - A non-commercial message, picture, scene, or diagram exhibited on the outside wall of a building

or structure through application of paint, canvas, tile, panels or similar materials such that the wall becomes

the background surface or platform for the mural. (See Section 8.10)

Off-Premise Sign - A sign used for directing the traveling public to commerce or industrial parks (strip

shopping center or mall not included). Such sign shall indicate only the name, location, and information

about the park itself. Products or services shall not be advertised.

On-Premise Sign - A sign erected, maintained or used in the outdoor environment for the purpose of the

display of messages appurtenant to the use of, products sold on, or the sale or lease of, the property on

which it is displayed.

Outdoor Advertising Sign - A permanent sign erected, maintained or used in the outdoor environment for

the purpose of the display of commercial or noncommercial messages not appurtenant to the use of,

products sold on, or the sale or lease of, the property on which it is displayed.

Painted Wall Sign - A name, identification, description, display or message painted directly on the exterior

wall of a building and/or structure for the purpose of advertising or identifying a business.

Political Sign - A temporary sign intended to advance a political statement, cause or candidate for office.

A legally permitted outdoor advertising sign shall not be considered to be a political sign.

Portable Sign - Any sign not permanently attached to the ground or to a building or building surface.

Projecting Sign - A sign other than a wall sign that is attached to or projects more than 18 inches (457mm)

from a building face or wall or from a structure whose primary purpose is other than the support of a sign

Real Estate Sign - A temporary sign advertising the sale, lease or rental of the property or premises upon

which it is located.

Revolving Sign - A sign that revolves 360 degrees (6.28 rad) about an axis. See also “Animated sign,

mechanically activated.”

Right-of-Way - A strip of land occupied or intended to be occupied by transportation facilities, public

utilities, or other special public uses. Rights-of-way intended for any use involving maintenance by a public

agency shall be dedicated to the public use by the maker of the plat on which such right-of-way is

established.

8-3

Section 8

Portland Zoning Ordinance Amended Ord. #2014-12

SIGN REGULATIONS

Roadway - The actual road surface area from curb line to curb line, which may include travel lanes,

parking lanes, and deceleration and acceleration lanes. Where there are no curbs, the cart way is that

portion between the edges of the paved, or hard surface, width.

Roof Line - The top edge of a peaked roof or, in the case of an extended façade or parapet, the uppermost

point of said façade or parapet.

Roof Sign - A sign mounted on, and supported by, the main roof portion of a building, or above the

uppermost edge of a parapet wall of a building and which is wholly or partially supported by such a

building. Sign mounted on mansard facades, pent eaves and architectural projections such as canopies or

marquees shall not be considered to be roof signs.

Setback - The minimum horizontal distance between the building line and a lot line or right-of-way.

(See Fig. 2.1, page 2-30)

Sight Triangle - A triangular-shaped portion of land established at street or alley intersections in which

nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight

distance of motorists entering or leaving the intersection.(See Section 4.10)

Sign - A name, identification, description, display or illustration which is affixed to, painted, or represented

directly or indirectly upon a building, structure or piece of land, and which directs attention to an object,

product, place, activity, person, institution, organization or business.

Sign Area - The area of the smallest geometric figure, or the sum of the combination of regular geometric

figures, which comprise the sign face. The area of any double-sided or "V" shaped sign shall be the area of

the largest single face only. The area of a sphere shall be computed as the area of a circle. The area of all

other multiple-sided signs shall be computed as 50 percent of the sum of the area of all faces of the sign.

Sign Copy - Those letters, numerals, figures, symbols, logos and graphic elements comprising the content

or message of a sign, exclusive of numerals identifying a street address only.

Sign Face - The surface upon, against or through which the sign copy is displayed or illustrated, not

including structural supports, architectural features of a building or sign structure, nonstructural or

decorative trim, or any areas that are separated from the background surface upon which the sign copy is

displayed by a distinct delineation, such as a reveal or border.

Sign Structure - Any structure supporting a sign.

Temporary Sign - A sign intended to display either commercial or noncommercial messages of a transitory

or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not

permanently affixed to a building or sign structure that is permanently embedded in the ground, are

considered temporary signs.

V Sign - Signs containing two faces of approximately equal size, erected upon common or separate

structures, positioned in a “V” shape with an interior angle between faces of not more than 90 (1.57 rad)

degrees with the distance between the sign faces not exceeding 5 feet (1524 mm) at their closest point.

Wall or Fascia Sign - A sign that is in any manner affixed to any exterior wall of a building or structure and

that projects not more than 18 inches (457 mm) from the building or structure wall, including signs affixed to

architectural projections from a building provided the copy area of such signs remains on a parallel plane to

the face of the building façade or to the face or faces of the architectural projection to which it is affixed.

All terms used in this Section, not otherwise defined herein, shall have the definitions provided in

Section 2 of this Ordinance.

8-4

Section 8

Portland Zoning Ordinance Amended Ord. #2014-12

SIGN REGULATIONS – Permits

8.3 PERMITS REQUIRED, FEES

A. Permits Required

Except as otherwise provided herein, it shall be unlawful for any person to erect, construct, enlarge,

move or convert any sign, or change the permanent copy on an existing sign structure within the

jurisdiction of the City of Portland, or cause the same to be done without first obtaining a sign

permit for each sign from the Zoning Administrator/Director.

B. Application

Application for a permit shall be made to the Zoning Administrator/Director upon a form provided

and shall be accompanied by such information as may be required to assure compliance with the

laws and regulations of the City.

C. Permit Fees

The application, including all required documentation shall be filed with the Zoning Administrator/

Director together with a permit fee as specified by the Official Fee Schedule. If any sign is hereafter

erected, placed, installed or otherwise established on any property before obtaining a permit as

required herein, the fees specified shall be doubled. Payment of such double fee shall not relieve

any person from compliance with other provisions of this Ordinance and penalties prescribed

herein.

D. Effect of Sign Permit Issuance

No permit for a sign issued hereunder shall be deemed to constitute permission or authorization to

maintain an unlawful sign nor shall a permit issued hereunder constitute a defense in an action to

abate an unlawful sign.

E. Nullification

A sign permit shall become null and void if the work authorized there under has not been started

within a period of ninety (90) days following the date of the permit and completed within one (1)

year thereafter.

F. Permit Exceptions

The following shall not be considered as creating a sign and therefore shall not be required to have

sign permit after the original sign installation, unless otherwise specified.

1. Changeable Copy - The changing of advertising copy or message on an approved sign

such as a theater marquee and similar approved signs which are specifically designed for

use of replaceable copy.

2. Maintenance - Painting, repainting, cleaning, or other normal maintenance and repair of a

sign or sign structure unless a structural change is involved, or a change in copy is

involved. The changing of logo or verbiage on a sign to update or modernize an existing

business’s sign without changing ownership or company name is permitted.

3. Exempt Sign - Exempt signs per Section 8.7 of this Ordinance are exempt from permit

requirements unless specified elsewhere.

G. Variances

A variance from the sign regulations of this Ordinance may be granted through the procedures

established in Section 10.2 of this Ordinance (such as height, or setback). To be eligible for the

granting of a variance under this section, a person must first receive a determination from the

Zoning Administrator/Director that a variance is required for the intended use or for the expansion,

extension, or enlargement of a use. Application will then be made to the Board of Zoning Appeals

for review. If the Board grants the variance, it shall direct the applicant to apply for sign permit. If

such application complies with this Ordinance and all other applicable codes or ordinances, the

Zoning Administrator/Director shall issue the sign permit for the use authorized by variance.

8-5

Section 8

Portland Zoning Ordinance Amended Ord. #2014-12

SIGN REGULATIONS

H. Special Exceptions

To be eligible for the granting of a special exception under this section, a person must first receive

a determination from the Zoning Administrator/Director that a special exception is required for the

intended use. Application will then be made to the Board of Zoning Appeals for review. If the Board

grants the special exception, it shall direct the applicant to apply for a sign permit. If such

application complies with this Ordinance and all other applicable codes or ordinances, the Zoning

Administrator/Director shall issue the sign permit for the use authorized by special exception.

8.4 INSPECTION, REMOVAL, SAFETY

A. Inspection

Signs for which a permit is required may be inspected periodically by the Zoning

Administrator/Director for compliance with this Ordinance and other codes of the City. All signs

shall be kept in good repair and safe, neat, clean and attractive condition.

B. Removal of Sign

When a sign is removed, all brackets, poles, and other structural elements that supported the sign

shall be removed. All affected building surfaces shall be restored to match the adjacent portion of

the structure. Such persons or companies requesting issuance of a sign permit shall be required to

assume sole responsibility for the restoration of the building facade at the time the existing sign is

removed.

The Zoning Administrator/Director may order the removal of any sign erected or maintained in

violation of this Section. He shall give thirty (30) days’ written notice to the owner of a permanent

sign or place a notice of such violation on the building, structure, premises, or sign in violation to

remove the sign or to bring it into compliance. He shall give a three (3)-day notice for temporary or

portable signs. The Zoning Administrator/Director may remove a sign immediately and without

notice if, in his opinion, the placement or condition of the sign is such as to present an immediate

threat to the safety of the public.

Any sign removed by the Zoning Administrator/Director pursuant to the provisions of this Section

shall be held by the City for redemption by the owner. To redeem, the owner shall pay all costs

incurred by the City for removal. Should said sign not be redeemed within thirty (30) days of its

removal, it may be disposed of in any manner deemed appropriate by the City. The cost of

removal shall include any and all incidental expenses incurred by the City in connection with the

sign’s removal.

C. Maintenance

All signs and components thereof shall be kept in good repair and in safe, neat, clean and

attractive condition. After such noncompliance has been determined by the Plan Commission and

notice (as per Section 8.4 B) has been given to the owner of the sign (as reflected by the records of

the Jay County Assessor), the sign shall be removed.

D. Abandoned Signs

A sign shall be removed by the owner or lessee of the premises upon which the sign is located

when the business which it advertises is no longer conducted on the premises; unless, however, it

is possible to remove only the sign copy (such as in the case of a box sign), then the insertion of a

blank, translucent panel shall be considered removal under this Code. If the owner or lessee fails

to remove it, the Zoning Administrator/Director shall give the owner ten (10) days’ written notice to

remove it. Upon failure to comply with this notice, the Zoning Administrator/Director or his duly

authorized representative may remove the sign at cost to the owner. Where a successor to a

defunct business agrees to maintain the sign(s) as provided in this Section, this removal

requirement shall not apply. The new sign user shall immediately notify the Zoning

Administrator/Director’s office, in writing, of this change. No new sign permit is required unless the

sign is altered or relocated. The Zoning Administrator/Director shall be notified in any matters

relating to sign relocations.

8-6

Section 8

Portland Zoning Ordinance Amended Ord. #2014-12

SIGN REGULATIONS

E. Street Improvement Projects

Any sign projecting over a roadway right-of-way at the time of the effective date of this Ordinance

which was subject to removal or relocation at the owner’s expense, pursuant to a permit or other

ordinance of the City, shall be removed by the owner, or altered at the owner’s expense to comply

with the regulations of this Section if, as the result of or after completion of a roadway improvement

project, said sign does not or would not comply with the provisions of this Ordinance.

F. Assurance of Discontinuance

As an additional means of enforcement, the Zoning Administrator/Director may accept an

assurance of discontinuance of any act or practice deemed in violation of any rule or regulation

adopted pursuant thereto, from any owner or person engaging in such act or practice. Such

assurance shall be in writing and shall specify a time limit during which said discontinuance is to be

accomplished. Failure to perform the assurance shall constitute prima fascia proof of a violation of

this Ordinance or any rule or regulation adopted pursuant thereto, which makes the alleged act or

practice unlawful for the purpose of securing any injunctive relief from a court of competent

jurisdiction.

8.5 NON-CONFORMING USES AND SIGNS

Signs which existed prior to the time this Ordinance was passed and were in conformance with previous

ordinances will be legally non-conforming (grand-fathered). Any non-conforming sign that is or becomes in

a rundown or objectionable condition shall be removed from the premises by the owner of said sign. Said

condition shall exist when the sign is determined to be in excess of 30% destroyed by natural causes.

Also, when major changes are made, the sign shall be brought into conformance with the current sign

regulations of this Ordinance

Definition: Major changes shall be defined as changing the name, changing the size, adding lights,

refurbishing, and/or relocation.

Non-conforming signs which are structurally altered, relocated, or replaced shall comply immediately with

all provisions of this Ordinance. Nothing in this Ordinance shall be construed to give a legal status to any

sign without a sign permit.

8.6 PROHIBITED SIGNS

The following type signs are expressly prohibited in all Zone Districts:

Animated and Intensely Lighted Signs - No sign shall be permitted which is animated by means of

flashing, scintillating, blinking or traveling lights or any other device or means not providing constant

illumination. Public service information signs and other electronic message centers classified as “changing

signs” are permitted under special provision of this Section and by special sign permit approval of the Plan

Commission.

Billboards / Outdoor Advertising Signs - Billboards or outdoor advertising signs shall be prohibited

except as expressly permitted in this Ordinance.

Public Areas - No sign shall be permitted which is placed on any post, pole, hydrant, bridge, tree or other

surface located on public property or over or across any street or roadway except as otherwise expressly

authorized by this Ordinance.

Towers (Water, Radio, Etc.) - No sign shall be placed on any tower or tank without the approval of the

Plan Commission.

8-7

Section 8

Portland Zoning Ordinance Amended Ord. #2014-12

SIGN REGULATIONS

8.6 Prohibited Signs continued...

Unclassified Signs - The following signs are prohibited which:

A. Bear or contain statements, words or pictures of an obscene, pornographic, immoral character, or

which contain advertising matter which is untruthful or will offend public morals or decency; or

B. Are painted on or attached to any fence or any wall which is not structurally a part of a building

except to identify a residence or residence structure by means of posting the name of the occupant

or structure and the street address; or

C. Operate or employ any motion picture projection or media in conjunction with any advertisements,

or have visible moving parts of any portion of which moves or gives the illusion of movements

except as permitted in this Ordinance; or

D. Emit audible sound, odor or visible matter; or

E. Signs which purport to be or are in imitation of, or resemble an official traffic sign or signal, or which

bear the words “Stop”, “Go Slow”, “Caution”, “Danger”, “Warning”, or similar words, except as

permitted in Section 8.7 of this Ordinance.

F. Signs which, by reason of their size, location, movement, content, coloring, or manner of

illumination, may be confused with or constructed as a traffic control sign, signal or device, or the

light of an emergency or road equipment vehicle or which hide from view any traffic or roadway

sign, signal or device; or

G. Obstruct any door, fire escape, stairway, or any opening intended to provide air, egress or ingress

for any building or structure; or

H. Are not included under the types of signs permitted in this Ordinance.

I. Small, free-standing signs shall be prohibited unless otherwise permitted in this Ordinance.

8.7 EXEMPTIONS

The following types of signs are exempted from all provisions of this Ordinance except for construction and

safety regulations and the following requirements.

A. Business Identification Sign - An identification sign on or near (above or beside) a public

entrance or service entrance to a business in Highway Service (HS) and Industrial (IND) districts is

permitted provided such signs state only the street address number and name of the business or

building, that such sign shall be mounted flush against the wall, and that such sign shall not exceed

six (6) square feet. Such sign may be mounted flush against the wall or perpendicular to the wall

(projecting over a sidewalk, but no over a street within the public right-of-way). Such sign may be

on the surface of a canopy or awning or be attached to the underside thereof.

B. Damaged Signs - A sign erected under a legally obtained permit which is damaged or destroyed

fifty percent (50%) or more of the fair market value of the sign structure by wind, weather, or other

accidental means beyond the control of the applicant may be replaced or restored to its original

size, shape, and location (as prior to the accident) without obtaining an additional permit.

Replacement of a damaged or destroyed sign with a new sign or different size or location from the

original sign shall require a permit and full compliance with the current sign regulations of this

Ordinance.

C. Integral Signs - Names of building, date of erection, monumental citations, commemorative tablets

and the like when carved into stone, concrete or similar material or made of bronze, aluminum, or

other permanent type construction and made an integral part of the structure.

D. Parking Signs - Signs for public and private parking shall be permitted. Such signs shall be

subject to a three- (3) foot setback from right-of-way and shall not be used for advertising

purposes. Signs shall be no higher than six (6) feet and no greater than six (6) square feet in area.

Such signs shall be installed so as to not present a hazard to traffic entering or leaving the

premises.

8-8

Section 8

Portland Zoning Ordinance Amended Ord. #2014-12

SIGN REGULATIONS

8.7 Exemptions continued...

E. Private Traffic Direction Signs / Business Entrance Sign - Signs directing traffic movement onto

or within a premise. Illumination of these signs shall be permitted in accordance with Section 8.9 of

this Ordinance. The leading edge of such signs shall be a minimum of three (3) feet from any curb

or traffic movement aisle, the sign shall be no higher than three (3) feet and no greater than six (6)

square feet in area.

F. Public Signs - Signs of a noncommercial nature and in the public interest erected by or on the

order of public officer(s) in the performance of his public duty, such as safety signs, danger signs,

trespassing signs, traffic signs, memorial plaques, signs of historical interest, signs directing the

traveling public and quasi-public facilities, or signs on public buildings or structures and the like.

G. Small Signs - A nameplate which shall not exceed two (2) square feet in area is permitted for each

dwelling unit of a single-family or multi-family dwelling; such nameplate shall state nothing other

than the name and/or address of the occupant and/or legal customary home occupation. No other

sign shall be allowed. This paragraph shall not be construed to prohibit each dwelling unit from

also displaying a house number plate for identification. Signs on the premises announcing rooms,

apartments, or house for sale or rent shall not exceed six (6) square feet in area. Also provided

that the signs are located ten (10) feet from the street right-of-way.

H. Social or Charitable Organizations - Signs indicating the names and locations of churches,

charitable organizations, and community service organizations are permitted provided that the sign

area shall not exceed six (6) square feet, shall be located off the street right-of-way, and shall in no

way obstruct the view of pedestrians or vehicular traffic. Such signs shall be permitted as “off-

premises” signs; providing, however, such signs have a minimum spacing of five hundred (500)

feet between any two (2) signs in this category, except where there is a community service central

display.

I. Vehicle Signs - Signs on vehicles are permitted provided the sign is painted or attached directly to

the body of the original motor-powered vehicle and does not project or extend beyond the original

manufactured body proper of the motor-driven vehicle. Such vehicles and/or semi-trailers shall be

parked a minimum distance of ten (10) feet from any street right-of-way and shall be located so as

to not create an obstruction or hazard to the traveling public. Trucks and/or trailers may be used as

signs for special events or sales for a maximum period of thirty (30) days.

8-9

Section 8

Portland Zoning Ordinance Amended Ord. #2014-12

SIGN REGULATIONS – Temporary

8.8 TEMPORARY SIGNS:

A sign intended to display either commercial or noncommercial messages of a transitory or temporary

nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to

a building or sign structure that is permanently embedded in the ground, are considered temporary signs.

8.8-1 Temporary Sign Permit Regulations

A. Temporary signs require a temporary sign permit.

B. A business may receive no more than six (6) temporary sign permits in any calendar year, for a

total duration displayed for temporary signage not to exceed ninety (90) days per calendar year

and being subject to the following:

1. Signage shall be on-premise.

2. Sign face size shall not exceed eighteen (18) square feet.

3. Sign height shall not exceed five (5) feet.

4. Only one sign shall be permitted per parcel with a maximum of two signs permitted on

corner lots.

5. Sign shall not be placed within any public right-of-way, proposed or existing, be located

between the right-of way and a sidewalk, or encroach upon or impede mobility upon a

sidewalk.

C. Unless otherwise specified by the applicant, the temporary sign permit shall expire fifteen (15) days

from the date of issuance; however, should the applicant specify an alternate commencement date,

the duration of sign display shall not exceed fifteen (15) consecutive days. Once a temporary sign

permit has expired, another temporary permit shall not be issued within fifteen (15) subsequent

days of the expiration.

D. No temporary sign shall be placed within the City of Portland right-of-ways, proposed or existing.

Any temporary sign unlawfully maintained in a public right-of-way, may be declared a public

nuisance and a traffic hazard per State of Indiana Motor Vehicle Laws, Article III or obstruct the

flow or sight pattern of vehicular traffic on any established right-of-way; and not be less than ten

(10) feet from adjoining residential lots. If necessary, the administrative zoning officer shall remove

the sign. No temporary sign shall be attached to fences, walls, utility poles, or street signs.

E. The Zoning Administrator/Director shall upon notice, remove any temporary sign not complying

with the provisions of this Ordinance.

8.8-2 The following Temporary Signs shall be permitted at any location within the City of Portland and

shall not be required to have a Sign Permit.

A. Service and charitable organizations shall be permitted the use of temporary/portable signs four

(4) times per calendar year for a maximum of fourteen (14) days each time, with no Sign Permit

required.

B. Construction Signs - Construction signs which identify the architects, engineers, contractors and

other individuals or firms involved with the construction but not including any advertisement of any

product, and signs announcing the character of the building enterprise or the purpose for which the

building is intended during the construction period to a maximum of thirty-two (32) square feet for

each firm. The minimum setback shall be ten (10) feet from any street right-of-way. The sign shall

be confined to the site of construction and shall be removed within thirty (30) days after the end of

construction. No permit shall be required, and the maximum time limit shall be two (2) years, or the

duration of construction, whichever is shorter.

8-10

Section 8

Portland Zoning Ordinance Amended Ord. #2014-12

SIGN REGULATIONS

8.8-2 Temporary Signs continued...

C. Garage Sale/Yard Sale Signs - All advertising signs concerning the garage/yard sale shall be

restricted to the yard, garage, and household at which the sale is being conducted. (City Ordinance

Chapter 112)

D. Political Campaign Signs - Political campaign signs announcing the candidates seeking public

political office shall be confined within private property and not within the street right-of-way. They

shall be permitted no more than ninety (90) days prior to the scheduled election and shall be

removed within fourteen (14) days after the election for which they were made. Such signs shall

not be required to obtain a permit.

E. Real Estate Signs - One (1) real estate sign advertising the sale, rental, or lease of the premises

or part of the premises on which the sign is displayed shall not exceed six (6) square feet in RR,

R4, R8, R10 Residential and Neighborhood Business Districts; and thirty-two (32) square feet in

Central Business, Highway Service and Industrial Districts. Such sign shall be removed within

fourteen (14) days of the sale, rental, or lease. The minimum setback from street right-of-way shall

be ten (10) feet. Signs shall reflect no advertising or promotional material other than to indicate the

party listing the property for sale, rental, or lease. Such sign shall not be required to obtain a

permit. “A” frame real estate directional signs shall be permitted for a period of forty-eight (48)

hours in a seven (7) day period.

8.9 ILLUMINATION

All signs must meet the illumination criteria listed below:

A. All illuminated signs must meet the standards as specified in the National Electric Code, as

adopted and amended by the State of Indiana.

B. No sign shall have blinking, flashing, or fluttering lights, nor shall any device be utilized which has a

changing light intensity, brightness or color, or give such illusion.

C. The full number of illuminating elements thereof shall be kept in satisfactory working condition or be

immediately repaired or replaced. Signs that are only partially illuminated shall meet all electrical

requirements for that portion directly illuminated. All electrical wiring shall be in conduit and not

exposed to the elements of external streets in any way. All electrical signs shall have a

disconnecting switch located in a readily accessible place.

D. The direct non-reflected light from a primary light source shall not create a traffic hazard to

operators of motor vehicles on public and/or private roadways.

E. The light from any illuminated sign shall be so shaded, shielded, or directed that the light intensity

or brightness will not be objectionable to the surrounding areas. No light shall shine directly onto

adjacent property.

8-11

Section 8

Portland Zoning Ordinance Amended Ord. #2014-12

SIGN REGULATIONS – Murals

8.10 MURAL STANDARDS AND REGULATIONS

A non-commercial message, picture, scene, or diagram exhibited on the outside wall of a building

or structure through application of paint, canvas, tile, panels or similar materials such that the wall becomes

the background surface or platform for the mural. A mural shall be considered a wall sign or commercial

message if it contains words, logos, trademarks or graphic representations of any person, product or

service for the purpose of advertising or identifying a business. Explanatory wording relative to the artwork

may be incorporated into the mural. Signatures shall be allowed and limited to maximum of two square

feet in size.

A. Placement of Mural

1. Murals shall be permitted only in the Central Business (CB) District.

2. Murals are not permitted on the primary façade of a building. A primary façade is defined

(for purposes of this section) as the building elevation that faces the adjacent street right-

of-way and is the primary customer entrance

B. Prohibited Mural Types

1. Murals or other representations which imitate or appear to imitate any official traffic sign or

device which appears to regulate or direct the movement of traffic or which interferes with

the proper operation of any traffic sign or signal, or which obstructs or physically interferes

with a motor vehicle operator’s view of approaching, merging, or intersecting traffic.

2. Murals with moving parts, including solar, wind, or water driven devices.

3. Murals affixed, applied or mounted above, upon or suspended from any part of the roof of

structure.

4. Murals shall not project from the wall surface other than the minimum necessary protrusion

to mount the mural to the wall or structure.

5. Murals containing any gang affiliation symbols.

6. Murals containing any commercial messages or advertising.

C. Design Standards

1. The proposed mural should be historically relevant to the community.

2. The proposed mural will not have an adverse impact on the safe and efficient movement of

vehicular or pedestrian traffic; and

3. The location, scale and content of the mural should be in keeping with and enhance the

building or structure on which it is located; and

4. The proposed mural is well integrated with the building’s façade and other elements of the

property and enhances the architecture or aesthetics of a building or wall; and

5. The proposed mural, by its design, construction, and location, will not have a substantial

adverse effect on abutting property or the permitted use thereof; and

6. The proposed mural is not detrimental to the public health, safety, or welfare; and

7. The mural will not have a detrimental effect on the structural integrity of the wall on which it

is applied/affixed; and

8. The maintenance schedule is reasonable for the mural and the building on which it is

applied/affixed.

D. Mural Maintenance

1. The mural shall be kept in good condition for the life of the mural according to the

maintenance schedule and responsibilities approved by the Zoning Administrator/Director.

2. The display surface shall be kept clean and neatly painted and free from corrosion.

3. Any mural that is not maintained, is faded, or is in disrepair shall be ordered removed or

covered with opaque paint, similar to the primary building materials/colors or other

appropriate material, by the Zoning Administrator/Director. Also, any windows or door

openings that may have been temporarily covered for the purpose of the mural installation

shall be returned to their original use as required by the Zoning Administrator/Director.

8-12

Section 8

Portland Zoning Ordinance Amended Ord. #2014-12

SIGN REGULATIONS – Murals

E. Surface Preparation

Sand and high pressure water blasting are not permitted as a cleaning process for either surface

preparation or for mural maintenance purposes in the Portland Downtown Historic Preservation

District Corridor or any building eligible for inclusion on the State or National Register of Historic

Buildings. Treatments that cause damage to historic materials shall not be used.

F. Application Requirements

Permit application shall contain, but not be limited to, the following information:

1. Site plan showing the lot and building dimensions and indicating the proposed location of

the mural.

2. A scale drawing and color photo of the building elevation showing the proposed size and

placement of the mural.

3. A colored drawing of the proposed mural.

4. A description of the proposed maintenance schedule that includes the timeframe for the life

of the mural and method for removal, if applicable.

5. What materials will be used to affix the mural to the building if not painted directly on the

surface of the exterior wall.

G. Approval from the Portland Historic Preservation Commission (PHPC)

All murals for use in the Central Business District that is located within the City of Portland

Downtown Historic Preservation District Corridor must follow the guidelines set forth in the Historic

Preservation District Ordinance. A Certificate of Appropriateness (COA) from the Portland Historic

Preservation Commission is required prior to the issuance of a mural permit from the Zoning

Administrator/Director.

H. Mural Permit Approval

No mural shall be installed, enlarged, changed or converted unless a mural permit has been

obtained by the owner or his agent from the Zoning Administrator/Director. No mural permit shall

be approved or issued unless the Zoning Administrator/Director finds the requirements of this

Section have been fulfilled.

8-13

Section 8

Portland Zoning Ordinance Amended Ord. #2014-12

SIGN REGULATIONS – By Districts

8.11 SIGN STANDARDS BY ZONING DISTRICTS

A. The following sign standards by districts are intended to apply to every zoning district within the

jurisdiction of the City of Portland. The zoning districts are defined in Section 3.1 of this Ordinance

and are shown on the Official Zoning Map. Only signs as described herein and as may be

described under Sections 8.7 and 8.8 shall be permitted in each particular zone.

B. Signage shall meet the requirements of the Sight Visibility Standards, Section 4.9.

C. If any zone is omitted from this Ordinance, or if a new zone is created after enactment of this

Ordinance, no sign shall be permitted therein until this Ordinance is amended to include the new

zone.

8-14

Section 8

Portland Zoning Ordinance Amended Ord. #2014-12

SIGN REGULATIONS – Residential

8.12 RESIDENTIAL ZONING DISTRICTS

These regulations shall apply to all zones designated by the Zoning Ordinance as RR, R4, R8 and R10,

Single-Family, Multiple-Family, Cluster Housing, Condominiums, High-Rise Apartments, or any

combination of residential uses.

All signage for use in a Residential District located in the City of Portland Downtown Historic Preservation

District Corridor must follow the guidelines set forth in the Historic Preservation District Ordinance. A

Certificate of Appropriateness (COA) issued from the Portland Historic Preservation Commission is

required prior to the issuance of a sign permit from the Building and Planning Department.

8.12-1 Location and Requirements for Signs in All Residential Districts:

A. No sign shall be erected in a location where it will obstruct vision of the public right-of-way to a

vehicle operator during ingress to, egress from, or while traveling on the public right-of-way. (See

Sight Visibility Standards, Section 4.9)

B. A permanent or temporary identity sign for a single-family subdivision or for a multi-family project

shall be placed a minimum distance of ten (10) feet from any street right-of-way. The face of any

such sign shall not exceed one hundred (100) square feet in area. A ground sign shall be a

maximum of six (6) feet above ground level.

C. Building-mounted signs shall be flush mounted. There shall be no projection of any sign above the

roof line.

D. A ground sign shall not be closer than three (3) feet to any building, or ten (10) feet to any other

sign.

E. Lighting reflectors shall not be more than six (6) feet away from the ground sign which they are

designed to illuminate.

F. Permitted signs shall not be placed on utility easements or drainage easements as defined on

recorded plats or site plans without the express consent of the Advisory Plan Commission and all

applicable utilities or other agencies

G. Signs shall not be placed as to interfere with the sight path of vehicular traffic.

H. Permanent or temporary identity signs for residential projects shall not exceed six (6) feet in height

and may be constructed as free-standing ground signs or placed on decorative walls or fences.

8.12-2 Rural Residential (RR) and Low Density Residential (R4) Permitted Signage:

A. One (1) nameplate not exceeding a combined area of one (1) square foot in area is permitted.

Said nameplate shall not be subject to the permit requirements of this Ordinance.

B. Home Occupations Signs, not exceeding eight (8) square feet. Such sign shall not be illuminated.

(See Home Occupations, Section 4.4)

C. Church, school, golf course, lodge, or public building ground sign, not exceeding thirty-two (32)

square feet in area, may be illuminated but shall conform to Section 8.9 of this Ordinance. A wall

sign not exceeding one hundred (100) square feet, stating only the name of the church, school, golf

course, lodge, or public building may be permitted.

8-15

Section 8

Portland Zoning Ordinance Amended Ord. #2014-12

SIGN REGULATIONS – Residential

8.12 RESIDENTIAL ZONING DISTRICTS RR & R4 Continued.....

D. Permanent or temporary subdivision identity signs shall be permitted. In the event the subdivision

has entries from more than one (1) street, additional signs may be permitted by the Technical

Review Committee. Any temporary signs as provided in Section 8.7 of this Ordinance shall be

removed before a permanent sign may be erected. A maximum of two (2) signs shall be permitted

for the main entryway. Said signs shall not exceed six (6) feet in height and shall be located at

least ten (10) feet from any street right-of-way. Maximum size shall be one hundred (100) square

feet in area.

8.12-3 Medium Density Residential (R8) and High Density Residential (R10) Permitted Signage:

A. For each duplex and/or multiple-family building, one (1) nameplate per occupancy not to exceed

one (1) square foot in area is permitted. Such nameplate shall not be subject to the permit

requirements of this Ordinance.

B. Only the multi-family project identity sign may be illuminated but shall conform to Section 8.9 of this

Ordinance.

C. A maximum of one (1) permanent multi-family project identity sign shall be permitted for the main

entryway. In the event the project has entries from more than one (1) street, additional identity

signs may be permitted by the Technical Review Committee. Any temporary sign, as provided in

Section 8.8 of this Ordinance shall be removed before a permanent sign may be erected. Project

identity signs shall not exceed six (6) feet in height and shall be located at least ten (10) feet from

any street right-of-way. Maximum size shall be one hundred (100) square feet in area.

D. Home Occupations Signs, not exceeding eight (8) square feet. Such sign shall not be illuminated.

(See Home Occupations, Section 4.4)

E. A church, school, golf course, lodge, or public building ground sign, not exceeding thirty-two (32)

square feet in area may be illuminated but shall conform to Sections 8.9 of this Ordinance. A wall

sign not to exceed one hundred (100) square feet, stating only the name of the church, school, golf

course, lodge, or public building may be approved permitted.

F. For funeral homes or mortuaries, an illuminated nameplate or ground sign shall be permitted,

provided it is not greater than thirty-two (32) square feet in area.

8-16

Section 8

Portland Zoning Ordinance Amended Ord. #2014-12

SIGN REGULATIONS – “NB”

8.13 NEIGHBORHOOD BUSINESS (NB) DISTRICTS

No sign shall be erected in a location where it will obstruct vision of the public right-of-way to a vehicle

operator during ingress to, egress from, or while traveling on the public right-of-way. (See Section 4.10

Sight Visibility Standards)

All signage for use in a Neighborhood Business District located in the City of Portland Downtown Historic

Preservation District Corridor must follow the guidelines set forth in the Historic Preservation District

Ordinance. A Certificate of Appropriateness (COA) issued from the Portland Historic Preservation

Commission is required prior to the issuance of a sign permit from the Building and Planning Department.

8.13-1 Placement and Requirements for Signs in Neighborhood Business Districts:

A. The face of any permanent or temporary identity sign shall not exceed one hundred (100) square

feet in area.

B. All signs shall be placed a minimum of ten (10) feet from the right-of way of any local street, State

highway, or Federal highway.

C. Permitted signs shall not be placed on utility easements or drainage easements as defined on

recorded plats or site plans.

8.13-2 Neighborhood Business District Permitted Signage:

A. Wall Signs – One wall sign shall be permitted on each building. Maximum sign area shall be one

and one-half (1 1/2) square feet for each lineal foot of building frontage; however, in no instance

shall such signage exceed one hundred (100) square feet for a single business. Wall signs shall

be mounted flush against the building.

B. Ground Signs:

1. Limit of One (1): One (1) ground sign indicating only the name and nature of the

occupancy shall be permitted for each business parcel. Where the business lot frontage is

one hundred (100) feet or less.

2. Size of Sign: Such sign shall not exceed one hundred (100) square feet in area, and the

height of any ground sign shall be such that no part of the sign shall exceed a maximum

height of six (6) feet.

3. Location: A ground sign shall be placed a minimum distance of ten (10) feet from any

street right-of-way. Such sign shall be installed in accordance with location criteria as

explained in this section.

4. Illumination: Such ground sign may be illuminated as provided in Section 8.9 of this

Ordinance.

5. Landscaping: Such ground signs shall be adequately landscaped.

C. “A” Frame Signs – “A” frame signs or sidewalk signs in the Neighborhood Business District shall

be no more than eighteen (18) inches wide and no more than thirty-six (36) inches high. Signs shall

not be placed as to interfere with foot traffic or wheel chair traffic on public sidewalks. No sign

permit is required.

D. Banners – Temporary banners no longer than eight (8) feet nor wider than three (3) are allowed in

Neighborhood Business Districts if they are located flat against the building. Permits are not

required for any temporary banner.

E. Home Occupations Signs – not exceeding eight (8) square feet. Such sign shall not be

illuminated. (See Home Occupations 4.4)

F. Awning Signs – Signage on awnings in the Neighborhood Business District may be applied flat

against the awning face and/or on the valance area of the awning. Permits are required for

awnings and awning signs.

G. Painted Wall Signs, Pole Signs, Projecting Signs, and Bench Signs are NOT PERMITTED

8-17

Section 8

Portland Zoning Ordinance Amended Ord. #2014-12

SIGN REGULATIONS – “CB”

8.14 CENTRAL BUSINESS (CB) DISTRICT

The regulations described in this Section shall apply to all uses in the Central Business District. No sign

shall be erected in a location where it will obstruct vision of the public right-of-way to a vehicle operator

during ingress to, egress from, or while traveling on the public right-of-way. (See Sight Visibility Standards

Section 4.10)

All signage for use in the Central Business District located in the City of Portland Downtown Historic

Preservation District Corridor must follow the guidelines set forth in the Historic Preservation District

Ordinance. A Certificate of Appropriateness (COA) issued from the Portland Historic Preservation

Commission is required prior to the issuance of a sign permit from the Zoning Administrator/Director.

8.14-1 Placement and Requirements for Signs in the Central Business District:

A. The face of any permanent identity sign shall not exceed one hundred (100) square feet in area.

B. All signs shall be placed a minimum of ten (10) feet from the right-of way of any local street, State

highway, or Federal highway.

C. Permitted signs shall not be placed on utility easements or drainage easements as defined on

recorded plats or site plans.

8.14-2 Central Business District Permitted Signage (unless otherwise stated):

A. Wall Signs – One wall sign shall be permitted on each building. Maximum sign area shall be

one and one-half (1 1/2) square feet for each lineal foot of building frontage; however, in no

instance shall such signage exceed one hundred (100) square feet for a single business. In

computing wall area for the purposes of this Section, the areas covered by doors or windows shall

be excluded. Wall signs shall be mounted flush against the building. If a building is located on a

corner lot of intersecting local or arterial streets one additional wall sign may be permitted (does not

include buildings next to an alley).

B. Projecting Signs – An on-premise sign attached to a building or structure and extending wholly or

partly beyond the surface of the portion of the building or structure to which it is attached; or

extending beyond the building line; or over public property Projecting Signs are NOT

PERMITTED in State or Federal Highways right-of-ways.

1. There shall be no projecting signs above the roof line.

2. A projecting sign shall be placed at a distance not greater than two (2) feet from the face of

the wall to which it is attached, measured from the part of the sign nearest thereto.

3. No projecting sign or part thereof shall extend nearer to the curb line than five (5) feet, nor

be placed lower than ten (10) feet above grade or sidewalk level.

4. No projecting sign shall be erected to a height greater than thirty-five (35) feet above grade

or higher than the cornice of any building.

5. No projecting sign shall be erected when the area of one face of the sign shall exceed

thirty-two (32) square feet in area.

C. Awning Signs – Awnings and awning signs in the Central Business District must comply with the

Portland Historic Preservation Commission Ordinance and Guidelines where applicable. Signage

on awnings may be applied flat against the awning face and/or on the valance area of the

awning. Permits are required for awnings and awning signs.

D. Banners – Temporary banners no longer than eight (8) feet nor wider than three (3) feet are

allowed in the Central Business District, if they are located flat against the Building. Permits are

not required for any temporary banner.

8-18

Section 8

Portland Zoning Ordinance Amended Ord. #2014-12

SIGN REGULATIONS – “CB”

8.14 CENTRAL BUSINESS DISTRICT continued.....

E. Pole Signs – A high-profile, on-premise sign completely or principally self-supported by posts or

other sign apparatus independent of any building or other structure. Pole signs located in the

Central Business District will require special exception authorization from the Board of

Zoning Appeals.

1. Limit of One (1): One (1) pole sign indicating only the name and nature of the occupancy

may be permitted. Where the business lot frontage is one hundred (100) feet or less, only

a ground sign shall be permitted

2. Size of Sign: Such sign shall have a maximum surface area not exceeding one hundred

(100) square feet;

3. Height of Sign: A pole sign shall not exceed thirty-five (35) feet in height. A pole sign

shall have a minimum clearance of ten (10) feet between the bottom of the face of the sign

and grade or sidewalk level. If the pole sign is supported by more than one pole, the space

between the poles shall not be enclosed in a manner, which would impair general public

visibility. Once a pole sign becomes inactive, as defined in this Ordinance, the pole or sign

apparatus must be removed along with the sign itself.

4. Illumination: Such signs may be illuminated as provided in Section 8.9 of this Ordinance,

or as approved by the Advisory Plan Commission.

5. Landscaping: Such pole signs should be adequately landscaped.

F. Ground Signs: Ground Signs located in the Central Business District will require special

exception authorization from the Board of Zoning Appeals

1. Limit of One (1): Where the business lot frontage is one hundred (100) feet or less, one

(1) ground sign indicating only the name and nature of the occupancy shall be permitted.

2. Size of Sign: Such sign shall not exceed one hundred (100) square feet in area, and the

height of any ground sign shall be such that no part of the sign shall exceed a maximum

height of six (6) feet.

3. Location: A ground sign shall be placed a minimum distance of ten (10) feet from any

street right-of-way. Such sign shall be installed in accordance with location criteria as

explained in this section.

4. Illumination: Such ground sign may be illuminated as provided in Section 8.9 of this

Ordinance.

5. Landscaping: Such ground signs should be adequately landscaped.

G. “A” Frame Signs – “A” frame signs or sidewalk signs in the Central Business District shall be no

more than eighteen (18) inches wide and no more than thirty-six (36) inches high. Signs shall not

interfere with the foot traffic or wheel chair traffic on a public sidewalk. No sign permit is required.

H. Bench Signs – Bench signs are not permitted in the Central Business District.

I. Billboards or other Outdoor Advertising Structures – Billboards or other advertising structures

not specifically mentioned are not permitted.

J. Painted Wall Signs – Painted wall signs are not permitted in the Central Business District.

K. Murals – See Section 8.10 for standards and regulations.

8-19

Section 8

Portland Zoning Ordinance Amended Ord. #2014-12

SIGN REGULATIONS – “HS”

8.15 HIGHWAY SERVICE (HS) District

No sign shall be erected in a location where it will obstruct vision of the public right-of-way to a vehicle

operator during ingress to, egress from, or while traveling on the public right-of-way. (See Sight Visibility

Standards, Section 4.9)

8.15-1 Placement and Requirements for Signs in Highway Service Districts:

A. The face of any permanent identity sign shall not exceed one hundred (100) square feet in area.

B. All signs shall be placed a minimum of ten (10) feet from the right-of way of any local street, State

highway, or Federal highway.

C. Permitted signs shall not be placed on utility easements or drainage easements as defined on

recorded plats or site plans.

8.15-2 Permitted Signs for free-standing single use buildings, shopping centers and other multi-occupant

commercial/office buildings are as follows:

A. Pole Signs – A high-profile, on-premise sign completely or principally self-supported by posts or

other sign apparatus independent of any building or other structure.

1. Limit of One (1): One (1) pole sign shall be permitted indicating only the name and nature

of the occupancy. Where the business lot frontage is one hundred (100) feet or less, only

a ground sign shall be permitted.

2. Size of Sign: Such sign shall have a maximum surface area not exceeding one hundred

(100) square feet;

3. Height of Sign: A pole sign shall not exceed thirty-five (35) feet in height. A pole sign

shall have a minimum clearance of ten (10) feet between the bottom of the face of the sign

and grade or sidewalk level. If the pole sign is supported by more than one pole, the space

between the poles shall not be enclosed in a manner, which would impair general public

visibility. Once a pole sign becomes inactive, as defined in this Ordinance, the pole or sign

apparatus must be removed along with the sign itself.

4. Illumination: Such signs may be illuminated as provided in Section 8.9 of this Ordinance.

5. Landscaping: Such pole signs shall be adequately landscaped.

6. Shopping Centers: Pole signs at shopping centers or strip shopping centers may be

made a part of the site development plan or erected at a later date, subject to the approval

of the Technical Review Committee. Where a shopping center, strip shopping center, or

developed parcel has in excess of two hundred (200) feet of street frontage, one (1)

additional free-standing pole sign may be approved by the Technical Review Committee.

Where more than one (1) free-standing pole sign is authorized, the distance between each

sign shall not be less than one hundred (100) feet.

B. Ground Signs:

1. Limit of One (1): Where the business lot frontage is one hundred (100) feet or less, one

(1) ground sign indicating only the name and nature of the occupancy shall be permitted.

2. Size of Sign: Such sign shall not exceed one hundred (100) square feet in area, and the

height of any ground sign shall be such that no part of the sign shall exceed a maximum

height of six (6) feet.

3. Location: A ground sign shall be placed a minimum distance of ten (10) feet from any

street right-of-way. Such sign shall be installed in accordance with location criteria as

explained in this section.

4. Illumination: Such ground sign may be illuminated as provided in Section 8.9 of this

Ordinance.

5. Landscaping: Such ground signs shall be adequately landscaped.

C. Awning Signs - Signage on awnings in the Highway Service District may be applied flat against

the awning face and/or on the valance area of the awning. Permits are required for awnings and

awning signs.

8-20

Section 8

Portland Zoning Ordinance Amended Ord. #2014-12

SIGN REGULATIONS – “HS”

8.15 HIGHWAY SERVICE (HS) District continued...

D. Projecting Signs – An on-premise sign attached to a building or structure and extending wholly or

partly beyond the surface of the portion of the building or structure to which it is attached; or

extending beyond the building line; or over public property Projecting Signs are NOT

PERMITTED in State or Federal Highways right-of-ways.

1. There shall be no projecting signs above the roof line.

2. A projecting sign shall be placed at a distance not greater than two (2) feet from the face of

the wall to which it is attached, measured from the part of the sign nearest thereto.

3. No projecting sign or part thereof shall extend nearer to the curb line than five (5) feet, nor

be placed lower than ten (10) feet above grade or sidewalk level.

4. No projecting sign shall be erected to a height greater than thirty-five (35) feet above grade

or higher than the cornice of any building.

5. No projecting sign exceed thirty-two (32) square feet in area.

E. Wall Signs – Maximum sign area shall be one and one-half (1 1/2) square feet for each lineal foot

of building frontage; however, in no instance shall such signage exceed one hundred (100) square

feet for a single business. In computing wall area for the purposes of this Section, the areas

covered by doors or windows shall be excluded. Wall signs shall be mounted flush against the

building.

F. Entrance Signs – Two (2) on-site entrance signs are permitted at each entrance. Such signs are

subject to the provisions of Section 8.7 of this Ordinance and may be internally or externally lit, but

shall not shine directly or indirectly into adjacent residential areas.

G. Off-premise signs – shall be permitted for directing the traveling public to commerce or industrial

parks (strip shopping center or mall not included). A permit shall be obtained prior to the erection

of the sign providing the following requirements are met:

1. Such sign shall indicate only the name, location, and information about the park itself.

Products or services shall not be advertised.

2. Such sign shall have a maximum sign face area of one hundred (100) square feet, a

maximum height of nine (9) feet above grade level, and a minimum setback of fifteen (15)

feet from street right-of-way.

3. Such sign shall be a minimum distance of one hundred (100) feet from any residential

zoning district.

4. Such sign shall be a minimum distance of five hundred (500) feet from any other “off-

premises” sign.

5. Such signs shall be adequately landscaped.

6. Such signs may be illuminated if it conforms to Section 8.9 of this Ordinance

H. “A” Frame Signs – “A” frame signs or sidewalk signs in the Highway Service District shall be no

more than eighteen (18) inches wide and no more than thirty-six (36) inches high. Signs shall not

be placed as to interfere with foot traffic or wheel chair traffic on a public sidewalks. No sign permit

is required.

I. Banners – Temporary banners no longer than eight (8) feet nor wider than three (3) feet are

allowed in the Highway Service District, if they are located flat against the Building. Permits are not

required for any temporary banner.

J. Billboards or other Outdoor Advertising Structures – Billboards or other advertising structures

not specifically mentioned are not permitted.

K. Painted Wall Signs – Painted wall signs are not permitted in the Highway Service District.

8-21

Section 8

Portland Zoning Ordinance Amended Ord. #2014-12

SIGN REGULATIONS – “IND”

8.16 INDUSTRIAL (IND) DISTRICT

No sign shall be erected in a location where it will obstruct vision of the public right-of-way to a vehicle

operator during ingress to, egress from, or while traveling on the public right-of-way. (See Section 4.10

Sight Visibility Standards)

8.16-1 Placement and Requirements for Signs in Industrial Districts:

A. The face of any permanent identity sign shall not exceed one hundred (100) square feet in area.

B. All signs shall be placed a minimum of ten (10) feet from the right-of way of any local street, State

highway, or Federal highway.

C. Permitted signs shall not be placed on utility easements or drainage easements as defined on

recorded plats or site plans.

8.16-2 Industrial District Permitted Signage:

A. Pole Signs – A high-profile, on-premise sign completely or principally self-supported by posts or

other sign apparatus independent of any building or other structure.

1. Limit of One (1): One (1) pole sign shall be permitted indicating only the name and nature

of the occupancy. Where the business lot frontage is one hundred (100) feet or less, only

a ground sign shall be permitted.

2. Size of Sign: Such sign shall have a maximum surface area not exceeding one hundred

(100) square feet;

3. Height of Sign: A pole sign shall not exceed thirty-five (35) feet in height. A pole sign

shall have a minimum clearance of ten (10) feet between the bottom of the face of the sign

and grade or sidewalk level. If the pole sign is supported by more than one pole, the space

between the poles shall not be enclosed in a manner, which would impair general public

visibility. Once a pole sign becomes inactive, as defined in this Ordinance, the pole or sign

apparatus must be removed along with the sign itself.

4. Illumination: Such signs may be illuminated as provided in Section 8.9 of this Ordinance.

5. Landscaping: Such pole signs shall be adequately landscaped.

B. Ground Signs:

1. Limit of One (1): Where the business lot frontage is one hundred (100) feet or less, one

(1) ground sign indicating only the name and nature of the occupancy shall be permitted for

each business parcel.

2. Size of Sign: Such sign shall not exceed fifty (50) square feet in area, and the height of

any ground sign shall be such that no part of the sign shall exceed a maximum height of

six (6) feet.

3. Location: A ground sign shall be placed a minimum distance of ten (10) feet from any

street right-of-way. Such sign shall be installed in accordance with location criteria as

explained in this section.

4. Illumination: Such ground sign may be illuminated as provided in Section 8.9 of this

Ordinance.

5. Landscaping: Such ground signs shall be adequately landscaped.

C. Wall Signs – Maximum sign area shall be one and one-half (1 1/2) square feet for each lineal foot

of building frontage; however, in no instance shall such signage exceed one hundred (100) square

feet for a single business. In computing wall area for the purposes of this Section, the areas

covered by doors or windows shall be excluded. Wall signs shall be mounted flush against the

building.

D. Entrance Signs – Two (2) on-site entrance signs are permitted at each entrance. Such signs are

subject to the provisions of Section 8.7 of this Ordinance and may be internally or externally lit, but

shall not shine directly or indirectly into adjacent residential areas.

E. Painted Wall Signs – Painted wall signs are not permitted in the Highway Service District.

8-22

Section 8

Portland Zoning Ordinance Amended Ord. #2014-12

SIGN REGULATIONS – “IND”

8.16 INDUSTRIAL (IND) District continued...

F. Off-Premise Signs/Direction Signs – Such signs shall be permitted for directing the traveling

public commerce or industrial parks (strip shopping center or mall not included). A permit shall be

obtained prior to the erection of the sign providing the following requirements are met:

1. Such sign shall indicate only the name, location, and information about the park itself.

Products or services shall not be advertised.

2. Such sign shall have a maximum sign face area of one hundred (100) square feet, a

maximum height of nine (9) feet above grade level, and a minimum setback of fifteen (15)

feet from street right-of-way.

3. Such sign shall be a minimum distance of one hundred (100) feet from any residential

zoning district.

4. Such sign shall be a minimum distance of five hundred (500) feet from any other “off-

premises” sign.

5. Such signs shall be adequately landscaped.

G. Banners – Temporary banners no longer than eight (8) feet nor wider than three (3) feet are

allowed in the Industrial District, if they are located flat against the Building. Permits are not

required for any temporary banner.

H. Billboards or other Outdoor Advertising Structures – Billboards or other advertising structures

not specifically mentioned are not permitted.

8-23

Section 8

Portland Zoning Ordinance Amended Ord. #2014-12

Administration

Section 9

Portland Zoning Ordinance Amended Ord. #2014-12

ADMINISTRATION

9.1 GENERAL ADMINISTRATION

A. Administrative Officer: The City of Portland Zoning Administrator/Director (including any

designee(s) of the Zoning Administrator/Director), will have the principal responsibility for the

administration and enforcement of this Ordinance within the Plan Commission's planning

jurisdiction. The duties of the Zoning Administrator/Director, or his/her designee, shall include but

not be limited to:

1. Improvement Location Permits: Reviewing, approving, or disapproving all Improvement

Location Permits and keeping permanent records of applications made and actions taken;

2. Inspections: Conducting inspections of structures and properties to determine

compliance with the requirements of this Ordinance and all approvals granted by the Plan

Commission, Technical Review Committee, Common Council, Board of Zoning Appeals or

other body in the execution of its duties as established by this ordinance and Indiana State

Code;

3. Record Keeping: Maintaining permanent and current records documenting the

application of this Ordinance including, but not limited to, all maps, amendments, special

exceptions, variances, and appeals;

4. Plan Commission Applications: Receiving, processing docketing, and referring to the

Plan Commission all appropriate applications;

5. Board of Zoning Appeals Applications: Receiving, processing, docketing, and referring

to the Board of Zoning Appeals all appeals, variances, special exceptions, and other

matters upon which it is authorized to act under this Ordinance and Indiana State Code;

6. Technical Review Committee Applications: Receiving, processing, docketing, and

referring to the Technical Review Committee all appropriate applications;

7. Clerical & Technical Assistance: Providing all such clerical and technical assistance as

may be required by the Board of Zoning Appeals, Plan Commission, Technical Review

Committee, Common Council, or other body in the execution of its duties as established by

this Ordinance and Indiana State Code.

B. Fee Schedule Established:

1. The fees are established by the Interlocal Board under the Interlocal Agreement between

the City of Portland and Jay County. The Interlocal Board shall maintain the official

schedule of fees, charges, and expenses and a collection procedure for permits, appeals,

and other petitions pertaining to this Ordinance. The schedule of fees shall be available to

the public in the office of the City Clerk-Treasurer or the office of the Zoning Administrator/

Director and may be altered or amended only by resolution.

2. Until all applicable fees, charges, and expenses have been paid in full, no final action shall

be taken on any permit application, appeal, or petition.

3. Any person or persons who shall initiate construction of a structure prior to obtaining an

Improvement Location Permit or any other required permit shall pay twice the amount of

the current permit fee as established by the Interlocal Board.

C. Schedule of Meeting and Filing Dates: The Zoning Administrator/Director shall maintain an

annual Calendar of Meeting Filing Dates separately for the Plan Commission and Board of Zoning

Appeals. The existence of this calendar shall not be interpreted as prohibiting special meeting of

the Commission or Board.

1. The calendars of the Plan Commission shall be coordinated to ensure the efficient

processing of applications.

2. All meetings and filing dates shall be based on the requirements of this Ordinance and the

laws of the State of Indiana.

3. The Calendar of Meeting and Filing Dates shall be prepared by the Zoning

Administrator/Director and adopted by resolution by the Plan Commission and Board of

Zoning Appeals. The calendar of meeting and filing dates shall be reviewed and updated

annually by the Zoning Administrator/Director.

9-1

Section 9

Portland Zoning Ordinance Amended Ord. #2014-12

ADMINISTRATION

9.2 NOTICE OF PUBLIC HEARING

For all public hearings, the notice shall be provided to the public consistent with the requirements of this

Section and the Rules & Procedures of the Board of Zoning Appeals and Plan Commission. Required

public notice shall include:

A. Legal Notice: The applicant shall pay for a legal notice consistent with the requirements of IC 5-3-

1 for publication in the local newspaper. The legal notice shall appear in the newspaper no less

than 1 time at least 10 days prior to the public hearing, not including the date of the hearing. Legal

notices shall include each of the following:

1. Property Location: The location of the subject property, including its common address

and a legal description of the included land.

2. Available Plans: That the project plans are available for examination at the office of the

Portland Plan Commission.

3. Hearing Information: That a public hearing will be held, giving the date, place, and hour

of the hearing, and

4. Written Comments: That written comments on the application will be accepted prior to

the public hearing and may be submitted to the Zoning Administrator/Director.

B. Notice to Interested Parties: The applicant shall pay for written notices of the application to all

interested parties as defined by the Plan Commission and BZA Rules & Procedures. In no

instances shall streets, alleys, streams, or other features be considered boundaries for precluding

notifications.

1. Notice Information: The notice shall contain the same information as the legal notice that

is published in the newspaper as outlined in Section 9.2(A).

2. Responsibility: The cost of the notices shall be the responsibility of the applicant.

3. Ownership Information: The Building & Planning Department will obtain the names and

mailing addresses of those to be notified from the Property Transfer Books contained in the

Jay County Auditor's Office.

4. Notification Requirements: Property owners shall be notified at least 1 time in one of the

following ways:

a. Via Certified Mail through the US Postal Service, postmarked a minimum of 15

days before the date of the public hearing.

b. Via delivered notice in accordance with the Plan Commission Rules and

Procedures.

5. Notification Certification: A copy of the materials provided to each property owner, the

completed mailing and/or delivery forms will be on file prior to the public hearing.

9-2

Section 9

Portland Zoning Ordinance Amended Ord. #2014-12

ADMINISTRATION

9.3 TECHNICAL REVIEW COMMITTEE

INTENT: The intent of the Technical Review Committee is to provide a coordinated and thorough review of

all development plans and to ensure that all applicable requirements are met. By establishing this body,

applications can be reviewed by all necessary departments, local agencies, and utility providers at one

meeting. Such review helps to identify issues early in the process, and eliminates the need for multiple

meetings and individual correspondence between the applicant and each of these departments and

agencies. To provide flexibility, the Technical Review Committee can meet at the discretion of the Plan

Commission.

All approval processes and actions of the Technical Review Committee shall be consistent with the

requirements of Indiana State Law.

A. General Provisions: The following general provisions shall apply to the functions of the Technical

Review Committee:

1. Accountability: All information provided to the Committee, including that shown on site

plans and other drawings, should be accurate. This specifically applies to the existing and

proposed locations of utilities.

2. Utility Standards: Representatives of local utilities shall review the applications before

the Committee consistent with each utility's minimum standards. Adjustments to the

determinations of the Committee regarding utility locations may be made by the utilities in

response to unforeseen site conditions. These adjustments shall not require additional

review by the Technical Review Committee.

B. Authority and Approvals: The authority of the Technical Review Committee and appeals of its

decisions shall be as follows:

1. Approval Authority: The Technical Review Committee shall have the authority to

approve Site Development Plans as defined by Section 6 of this Ordinance.

2. Review Authority: The Technical Review Committee shall have the authority to review

the following types of applications, forwarding comments to the Portland Plan Commission:

a. Planned Unit Development Concept Plans, and

b. Planned Unit Development Detailed Plans.

3. Appeal Rights: All decisions of the Technical Review Committee may be appealed to the

Plan Commission following the procedure outlined in Section 9.3(F).

C. Committee Structures: The Zoning Administrator/Director shall serve as the staff for the

Technical Review Committee. He/she shall distribute all appropriate materials and keep all

necessary files and meeting records. The organization of the Technical Review Committee shall

be as follows:

1. Membership: The Technical Review Committee shall consist of the following Members;

a. Zoning Administrator/Director

b. Plan Commission Member

c. Water Department Superintendent

d. Police Chief or his/her designee

e. Fire Chief or his/her designee

f. Street Commissioner or his/her designee

g. Wastewater Treatment Plant Superintendent

h. Jay County Drainage Board representative

i. Jay County Health Department staff member

j. Any others deemed necessary by the Zoning Administrator/Director (such as

representatives of the Soil and Water Conservation District, etc.).

9-3

Section 9

Portland Zoning Ordinance Amended Ord. #2014-12

ADMINISTRATION

9.3 TECHNICAL REVIEW COMMITTEE (Continued)

2. Attendance: It is expected that members of the Committee shall review and submit

written comments regarding each specific application to the Zoning Administrator/Director

prior to the appropriate meeting.

a. Each committee member shall only comment on the aspects of each application

that directly relate to their area of expertise regarding the applicable adopted

standards of the City of Portland or the utility they are representing.

b. If no comments are received from any member of the Committee it shall indicate

that individually they have no objection to any aspect of the application.

3. Duties of the Plan Commission Director (Zoning Administrator/Director): The Zoning

Administrator/Director shall oversee the operation of the Technical Review Committee and

shall make the final determination regarding any specific aspect of a application of which

members of the Technical Review Committee disagree.

a. In cases of disagreement and at his/her discretion, the Zoning Administrator/

Director may forward any application before the Technical Review committee to

the Plan commission for a determination on the request.

b. The Zoning Administrator/Director shall determine the action to be taken on each

application by the Committee based on the comments of the Committee members.

4. Continued Applications: All applications which are not approved by the Technical

Review committee and not forwarded to the Plan Commission shall be denied or continued

for the next appropriate Committee review.

a. Prior to that review the applicant shall address the comments of the Committee,

making appropriate modifications to the application materials.

b. The applicant shall provide appropriate copies of the revised materials prior to the

next Committee review.

c. The applicant may withdraw any application following the review of the Committee

by submitting a notice of such withdrawal in writing to the Zoning Administrator/

Director. Any applications that are withdrawn and are subsequently re-filed shall

be considered a new application and shall be subject to all applicable requirements

for new applications (including fees) established by this Ordinance.

D. Meeting Record: The Zoning Administrator/Director shall make written documentation of the

comments and findings of the Technical Review Committee for each application and make those

findings available to the applicant within 5 business days of the Committee's review. The written

documentation shall consist of the following:

1. Action Takes: A letter to the applicant stating the action taken by the Committee, and

2. Outstanding Comments: A list of any unresolved comments made by the members of

the Technical Review Committee, including references to appropriate sections of adopted,

applicable requirements of the City of Portland, the local utility providers, the State of

Indiana, and/or the Federal government.

E. Decision Criteria: In all cases, the Technical Review committee shall only consider the applicable

adopted requirements of this Ordinance, the Portland Subdivision Control Ordinance, the Portland

Construction Standards, and any other adopted and applicable standards of the City of Portland,

the State of Indiana, and/or the Federal government. The minimum standards and specifications of

each utility shall also be considered.

1. Mandatory Approval: In all cases in which the Technical Review Committee has

approval authority and a application conforms to the applicable standards, that application

shall be approved.

2. Committee Member Comments: In no case shall any applicant be required to make any

modifications to any application based solely on the opinions or other undocumented

standards of any member of the Committee.

a. This shall be interpreted as prohibiting any committee member from providing

comments that express their professional opinions regarding a application being

forwarded to the Plan Commission.

b. This shall further not be interpreted as preventing private utility representatives

from establishing requirements for individual applications based on professional

norms.

Section 9

9-4

Portland Zoning Ordinance Amended Ord. #2014-12

ADMINISTRATION

9.3 TECHNICAL REVIEW COMMITTEE (Continued)

F. Appeals: Any applicant or interested party may appeal the decision of the Technical Review

Committee to the Plan Commission.

1. Relief from Specific Requirements: Applicants seeking relief from specific development

standards or other requirements of the Zoning Ordinance that are unrelated to the

Committee's interpretation of the applicable requirements shall be required to obtain

variance approval from the Board of Zoning Appeals.

2. Appeal Procedure: All appeals of determinations of the Technical Review Committee

shall meet the following requirements:

a. The appealing party shall be required to provide the Zoning Administrator/Director

with written notice of the appeal within 30 days of the date of the Committee

decision.

b. The Zoning Administrator/Director shall place the appeal on the agenda for the

next appropriate Plan Commission meeting consistent with the adopted Calendar

of Meeting and Filing Dates.

c. Public notice for the meeting shall be required, consistent with the provision of

Section 9.2.

d. The Plan Commission shall consider the provisions of this Ordinance and all other

documented, applicable standards in deciding the appeal.

G. Consistency: In all cases, the application materials, including any drawings that are presented to

the Plan Commission or provided to the Zoning Administrator/Director with an Improvement

Location Permit application following Technical Review Committee review shall be completely

consistent with those that were approved by the Technical Review Committee. Any application that

is inconsistent with the version approved by the Technical Review Committee shall be referred

back to the Technical Review Committee for review and comment.

9-5

Section 9

Portland Zoning Ordinance Amended Ord. #2014-12

Administration

9.4 ADVISORY PLAN COMMISSION

Jurisdiction

The Portland Advisory Plan Commission shall have territorial jurisdiction over all lands within the

incorporated area of the City. The Portland Advisory Plan Commission may exercise jurisdiction over all

lands outside of, but within two miles, of the corporate limits of the City of Portland as provided for in IC 36-

7-4-205, If the Portland Advisory Plan Commission exercises jurisdiction outside the incorporated area of

the City of Portland, additional members shall be appointed to the Commission in accordance with the

provisions of IC 36-7-4-214.

Membership & Terms of Office

The Portland Advisory Plan Commission shall consist of 7 members as specified in IC 36-7-4-207b, as

amended, 2 members as specified in IC 36-7-4-214, along with 1 member as specified in IC 36-7-4-213.

Members of the Portland Advisory Plan Commission shall be appointed for terms of office as specified in IC

36-7-4-217 through 220, as amended.

Plan Commission Duties & Powers

The powers and duties of the City of Portland Plan Commission with regard to this Ordinance are defined

by Indiana Code, and are described in this Section. These powers and duties are further described by the

Plan Commission Rules and Procedures. All powers and duties shall be executed consistent with the

provisions of this Ordinance.

A. Duties: Duties should be interpreted as activities that are obligations. Commission duties include:

1. Rules: Supervise and make rules for the administration of the affairs of the Commission

(IC 36-7-4-401(a)(1);

2. Procedures: Prescribe uniform rules pertaining to investigations and hearings (IC 36-7-4-

401(a)(2);

3. Record Keeping: Maintain a complete record of all proceedings (IC 36-7-4-401(a)(3);

4. Meeting Time and Records: Fix the time for holding regular meetings each month, or as

necessary, keep minutes of all meetings, and maintain all minutes and records in the office

of the Commission (IC 36-7-4-306);

5. Certification: Adopt a seal and certify all official acts (IC 36-7-4-401(a)(6) and (7);

6. Recommendations: Make recommendations to the Common Council concerning the

adoption and amendment of the Comprehensive Plan, the Zoning Ordinance (including the

zoning map), the Subdivision Control Ordinance, and Planned Unit Development district

ordinances (IC 36-7-4-405(a)(1);

7. Decisions: Approve or deny plats, re-plats, and amendments to plats consistent with the

IC 36-7-4-700 series (IC 36-7-4-405(b)(2);

8. Surety: Record and file all bonds and contracts and assume responsibility for the custody

and preservation of all Commission documents and papers (IC 36-7-5-401(a)(4);

9. Publications: Prepare, publish, and distribute reports, ordinances, and other material

relating to the activities authorized by the Indiana Code (IC 36-7-4-401(a)(5);

10. Fiscal Supervision: Supervise the fiscal affairs of the Commission (IC 36-7-4-401(b)(1);

11. Budgeting: Prepare and submit an annual budget to the Common Council, and be limited

in all expenditures to the provisions made for those expenditures by the Common Council

(IC 36-7-4-401(b)(2);

12. Employees: Prescribe the qualifications of appoint, remove, and fix the compensation of

the employees of the Commission, consistent with the compensation fixed by the Common

Council (IC 36-7-4-402(a);

13. Board of Zoning Appeals Facilities: Provide suitable facilities for the holder of BZA

hearings and for the preserving of records, documents, and accounts (IC 36-7-4-914); and

14. Other Duties: All additional duties as established by Indiana State Code.

9-6

Section 9

Portland Zoning Ordinance Amended Ord. #2014-12

Administration

9.4 ADVISORY PLAN COMMISSION (continued)

B. Powers: Powers should be interpreted as activities that are optional and may be initiated by the

Commission. Plan Commission powers include:

1. Advisory Committees: Establish advisory committees as necessary, composed of

specific members and organized for specific purposes (IC 36-7-4-407);

2. Executive Committee: Establish an executive committee (IC 36-7-4-408);

3. Funding Assistance: Seek funding assistance through grant programs as necessary (IC

36-7-4-409) and accept gifts, donations and grants (IC 36-7-4-310);

4. Fee Schedule: Establish a schedule of fees to defray the administrative costs of the

official actions of the Commission (IC 36-7-4-411);

5. Secretary: Appoint and fix the duties of a secretary (IC 36-7-4-304);

6. Professional Services: Contract for special or temporary services and any professional

counsel (IC 36-7-4-311); and

7. Other Powers: All additional powers as permitted by Indiana State Code.

9-7

Section 9

Portland Zoning Ordinance Amended Ord. #2014-12

Administration

9.5 BOARD OF ZONING APPEALS

Jurisdiction

The Board of Zoning Appeals shall have jurisdiction over all lands subject to the provisions of this

Ordinance as specified in Section 1.3 herein.

Membership & Terms of Office

The Board of Zoning Appeals shall consist of and continue as a 5 member Board. Members shall be

appointed pursuant to IC 36-7-4-902, as amended. Each Board member shall be appointed for a term of 4

years as specified in IC 36-7-906.

Board of Zoning Appeals Duties & Powers

The powers and duties of the City of Portland Board of Zoning Appeals with regard to this Ordinance are

defined by Indiana Code, and are described in this Section. These powers and duties are further described

by the Board of Zoning Appeals Rules and Procedures. All powers and duties shall be executed consistent

with the provisions of this Ordinance.

A. Duties: Duties should be interpreted as activities that are obligations. Board of Zoning Appeals

duties include:

1. Meeting Time: Fix a reasonable time for the hearing of administrative appeals, special

exceptions, and variances (IC 36-7-4-920);

2. Minutes: Keep minutes of its proceedings and record the vote on all actions taken, file all

minutes and records in the office of the Board, and make written findings of facts in all

cases (IC 36-7-4-915);

3. Rules and Procedures: Adopt rules concerning the filing of appeals, applications, public

notice, the conduct of hearings, and the determination of whether a variance application is

for a variance of use or for a variance from the development standards (IC 36-7-4-916(a);

4. Publications: Make adopted rules available to all applicants and other interested persons

(IC 36-7-4-916(c);

5. Variances: Review, hear, and approve or deny all applications for variances from

development standards (such as height, setback, or area) and variances of use (IC 36-7-4-

919.4 and 36-7-4-918.5);

6. Special Exceptions: Review, hear and approve or deny all applications for special

exceptions (IC 36-7-4-918.2);

7. Appeals: Review, hear, and decide appeals of decisions made under this Ordinance or in

the enforcement of this Ordinance by the Zoning Administrator/Director or other Plan

Commission staff, committees, administrative boards, or any other bodies (except the Plan

Commission)(IC 36-7-4-918.1); and

8. Other Duties: All additional duties as established by Indiana State Code.

B. Powers: Powers should be interpreted as activities that are optional and may be initiated by the

Board. Board of Zoning Appeals powers include:

1. Hearing Officer: Appoint a hearing officer (IC 36-7-4-923)

2. Secretary: Appoint a secretary and other employees as necessary for the discharge of

Board duties (IC 36-7-4-913); and

3. Other Powers: All Additional powers as permitted by Indiana State Code.

9-8

Section 9

Portland Zoning Ordinance Amended Ord. #2014-12

ADMINISTRATION

9.6 COMMON COUNCIL DUTIES & POWERS

The powers and duties of the City of Portland Common Council with regard to this Ordinance are defined

by Indiana Code, and are described in this Section. All powers and duties shall be executed consistent

with the provisions of this Ordinance.

A. Duties: Duties should be interpreted as activities that are obligations. Common Council duties

include:

1. Plans and Ordinances: Adopt, reject, or amend the Comprehensive Plan, any strategic

plans, the Zoning Ordinance, and the Subdivision Control Ordinance as certified and

submitted by the Plan Commission.

2. Plan and Ordinance Amendments: Adopt, reject, or amend proposals to amend or

partially repeal the text of the Comprehensive Plan, any strategic plans, the Zoning

ordinance, and the Subdivision Control Ordinance as certified and submitted by the Plan

Commission.

3. Zoning Map Amendments: Adopt, reject, or amend proposals to amend the Official

Zoning Map certified and submitted by the Plan Commission.

4. Planned Unit Developments: Adopt, reject, or amend proposals for a Planned Unit

Development as certified and submitted by the Plan Commission.

5. Fee Schedule: Adopt, reject, or amend proposals to adopt or amend a Fee Schedule as

certified and submitted by the Jay County/Portland Building and Planning Joint Board.

6. Other Duties: all additional duties as established by Indiana State Code.

B. Powers: Powers should be interpreted as activities that are optional and may be initiated by the

Common Council. Common Council powers include:

1. Plan and Ordinance Amendments: Initiate amendments to the text of the

Comprehensive Plan, any strategic plans, the Zoning Ordinance, and/or the Subdivision

Control Ordinance.

2. Zoning Map Amendments: Initiate amendments to the Official Zoning Map.

3. Other Powers: All additional powers as permitted by Indiana State Code.

9-9

Section 9

Portland Zoning Ordinance Amended Ord. #2014-12

Board of

Zoning

Appeals

Section 10

Portland Zoning Ordinance Amended Ord. #2014-12

Board of Zoning Appeals

10.1 GENERAL PROVISIONS - BOARD OF ZONING APPEALS

A. Establishment and Membership: Pursuant to the IC 36-7-4-900 series, the Portland Common

Council establishes the City of Portland Advisory Board of Zoning Appeals which shall conduct

business consistent with all requirements of the Indiana Code and this Ordinance.

B. Appointments: The Board of Zoning Appeals (otherwise referred to in this Ordinance as the

"BZA" or the "Board") shall consist of, and continue as a 5 member Board. Members shall be

appointed pursuant to IC 36-7-4-902 through 906 as follows:

1. Mayor Appointment: 3 members appointed by the Mayor, 1 of which must be a member

of the Plan Commission and 2 of which must not be members of the Plan Commission.

2. Common Council Appointment: 1 member appointed by the Common Council who must

not be a member of the Plan Commission.

3. Plan Commission Appointment: 1 member appointed by the Plan Commission (other

than those appointed to the BZA by the Mayor.

C. Alternates and Vacancies: Alternate Board of Zoning Appeal members may be appointed

consistent with IC 36-7-4-907. If a vacancy occurs among the members of the Board, the

appointing authority shall appoint a member for the unexpired term of the vacating member.

D. Territorial Jurisdiction: The Board of Zoning Appeals shall have jurisdiction over all the land

subject to the City of Portland Zoning Ordinance consistent with Section 1.3 of this Ordinance.

E. Powers and Duties: The Board of Zoning Appeals shall have exclusive subject matter jurisdiction

for the following:

1. Development Standards Variances

2. Use Variances

3. Special Exceptions

4. Administrative Appeals

F. Rules and Procedures: The Board of Zoning Appeals shall have sole authority to adopt any and

all rules under Indiana Code Section 36-7-4-916 and any and all procedures concerning

organization, selection of officers, forms for applications, filing requirements, procedures, notices

and conduct of meetings, and public hearings.

G. Filing: All applications for variances, special exceptions, and requests for administrative appeal

shall be filed by the applicant with the Zoning Administrator/Director in the manner prescribed by

the Board.

H. Communication with Board Members: No person (including applicants, remonstrators, and

other interested parties) may communicate with any member of the Board before the hearing with

intent to influence the member's action on a matter pending before the Board.

I. Notice of Public Hearing: For all public hearings, notice shall be provided to the public consistent

with the requirements of Section 9.2.

J. Appeals: Every decision of the Board of Zoning Appeals shall be subject to review by a court of

jurisdiction (writ of certiorari) as prescribed by the IC 36-7-4-1000 series. All appeals shall be

presented to a court of jurisdiction within 30 days of the Board's decision.

10-1

Section 10

Portland Zoning Ordinance Amended Ord. #2014-12

Board of Zoning Appeals

10.2 DEVELOPMENT STANDARDS VARIANCE

A. Decision Criteria: The Board may grant a variance from the development standards of this

Ordinance (such as height, setback, area) if, after a public hearing, it makes findings of facts in

writing, that:

1. General Welfare: the approval will not be injurious to the public health, safety, and

general welfare of the community;

2. Adjacent Property: the use and value of the area adjacent to the property included in the

variance will not be affected in a substantially adverse manner; and

3. Practical Difficulty: the strict application of the terms of this Ordinance will result in a

practical difficulty in the use of the property (this situation shall not be self-imposed, nor be

based on a perceived reduction of, or restriction on, economic gain).

B. Conditions: The Board may impose such reasonable conditions upon its approval as it deems

necessary to find that the criteria for approval in Section 10.2(A) will be served.

C. Commitments: The Board may require the owner of the property to make written commitments

concerning the use or development of the property as specified under IC 36-7-4-921 and may have

such commitments recorded in the Jay County Recorder's Office. A copy of any recorded

commitments shall be provided to the Zoning Administrator/Director for inclusion in the application

file prior to the issuance on any Improvement Location Permit. No Improvement Location Permit

shall be issued for permit application which does not comply with the written commitments.

D. Limitations: A Development standards variance granted by the Board and executed in a timely

manner as described in this Section shall run with the parcel until such time as: (1) the property

conforms with the Ordinance as written, or (2) the variance is terminated.

10.3 USE VARIANCES

A. Decision Criteria: The Board may grant a variance from the development standards of this

Ordinance if, after a public hearing, it makes findings of facts in writing, that:

1. General Welfare: the approval will not be injurious to the public health, safety, and

general welfare of the community;

2. Adjacent Property: the use and value of the area adjacent to the property included in the

variance will not be affected in a substantially adverse manner; and

3. Practical Difficulty: the strict application of the terms of this Ordinance will result in a

practical difficulty in the use of the property (this situation shall not be self-imposed, nor be

based on a perceived reduction of, or restriction on, economic gain).

4. Unnecessary Hardship: the strict application of the terms of this Ordinance will constitute

an unnecessary hardship as they are applied to the property for which the variance is

sought; and

5. Comprehensive Plan: the granting of the variance does not interfere substantially with

the Comprehensive Plan.

B. Conditions: The Board may impose such reasonable conditions upon its approval as it deems

necessary to find that the criteria for approval in Section 10.3(A) will be served.

C. Commitments: The Board may require the owner of the property to make written commitments

concerning the use or development of the property as specified under IC 36-7-4-921 and may have

such commitments recorded in the Jay County Recorder's Office. A copy of any recorded

commitments shall be provided to the Zoning Administrator/Director for inclusion in the application

file prior to the issuance on any Improvement Location Permit. No Improvement Location Permit

shall be issued for permit application which does not comply with the written commitments.

D. Limitations: Unless otherwise specified by the Board, use variance approvals shall be limited to,

and run with the applicant at the location specified in the application. The board may also limit use

variances to a specific time period and a specific use. Use variances shall be invalid if (1) the

property conforms with the Ordinance as written, or (2) the variance is terminated.

10-2

Section 10

Portland Zoning Ordinance Amended Ord. #2014-12

Board of Zoning Appeals

10.4 SPECIAL EXCEPTIONS

In no case shall special exception uses be authorized without the approval of the BZA. Further, no

decisions on previous applications shall serve to set a precedent for any other application before the BZA.

A. Decision Criteria: The Board may grant a special exception for a use listed as such in the

appropriate zoning district in Section 3 of this Ordinance if, after a public hearing, it makes findings

of facts in writing that:

1. General Welfare: the proposal will not be injurious to the public health, safety, and

general welfare of the City of Portland;

2. Development Standards: the requirements and development standards for the requested

use as prescribed by this Ordinance will be met;

3. Ordinance Intent: granting the special exception will not be contrary to the general

purposes served by this Ordinance, and will not permanently injure other property or uses

in the same zoning district and vicinity; and

4. Comprehensive Plan: the proposed use will be consistent with the character of the

zoning district in which it is located and the Portland Comprehensive Plan.

B. Other Considerations: When considering a special exception the Board of Zoning Appeals may

examine the following items as they relate to the proposed use:

1. topography and other natural site features;

2. zoning of the site and surrounding properties;

3. driveway locations, street access and vehicular and pedestrian traffic;

4. parking (including amount, location, and design);

5. landscaping, screening, buffering;

6. open space and other site amenities;

7. noise production and hours of any business operation;

8. design, placement, architecture, and building material of the structure;

9. placement, design, intensity, height, and shielding of lights;

10. placement, size, and height of signs;

11. traffic generation; and

12. general site layout as it relates to its surroundings.

C. Conditions: The Board may impose such reasonable conditions upon its approval as it deems

necessary to find that the criteria for approval in Section 10.4(A) will be served.

D. Commitments: The Board may require the owner of the property to make written commitments

concerning the use or development of the property as specified under IC 36-7-4-921 and may have

such commitments recorded in the Jay County Recorder's Office. A copy of any recorded

commitments shall be provided to the Zoning Administrator/Director for inclusion in the application

file prior to the issuance of any Improvement Location Permit. No Improvement Location Permit

shall be issued for permit application which does not comply with the written commitments.

E. Limitations: Unless otherwise specified by the Board, special exception approvals shall be limited

to, and run with the applicant at the location specified in the application. The Board may also limit

special exceptions to s specific time period and a specific use. Special Exceptions shall be invalid

if (1) the property conforms with the Ordinance as written, or (2) the special exception approval is

terminated.

F. Special Exception Use Expansion: A use authorized as a special exception may not be

expanded, extended, or enlarged unless reauthorized by the Board under the procedures set forth

in this Section for granting a special exception.

10-3

Section 10

Portland Zoning Ordinance Amended Ord. #2014-12

Board of Zoning Appeals

10.5 ADMINISTRATIVE APPEALS

A. Appeals: The Board may grant an appeal of any decision, interpretation, or determination made

by the Zoning Administrator/Director, other Plan Commission staff members, or any other

administrative official or board charged with the duty of enforcing and interpreting this Ordinance

(except the Plan Commission).

B. Decision Criteria: The Board shall only grant an appeal of such an administrative decision based

on a finding, in writing, that the decision of the administrative person or board was inconsistent with

the provisions of this Ordinance.

C. Reversal of Approval: The approval of an administrative appeal maybe reversed by the Board of

Zoning Appeals under the following procedure:

1. Public Hearing: Upon determination by the Zoning Administrator/Director that possible

grounds for reversal exist, the matter shall be placed on the Board of Zoning appeals

agenda for a public hearing. The Zoning Administrator/Director shall notify the appealing

party of the hearing via Certified mail a minimum of 10 days prior to the hearing.

2. Grounds for Reversal: At the public hearing the appeal approval shall be terminated if a

finding is made by the Board that the approved was the result of fraud or the

misrepresentation of facts.

3. Time Limitation: No administrative appeal may be reviewed by the Board of Zoning

Appeals for the same cause more than once in any 1 year period.

10.6 APPROVAL EXPIRATION AND TERMINATION

A. Improvement Location Permit Required: If the Board grants a special exception or variance, it

shall direct the applicant to apply for an Improvement Location Permit. If such application complies

with all established requirements and this Ordinance, an Improvement Location Permit for the

execution of the approved variance or special exception shall be issued.

B. Expiration: A special exception or variance ceases to be authorized and is expired if the obtaining

of an Improvement Location Permit or sign Permit, or the execution of the approval has not been

completed within 1 year of the date the variance or special exception is granted. The variance or

special exception shall also expire if the approved construction or sign erection has not been

completed and approved by the Zoning Administrator/Director as being consistent with all written

commitments or conditions, the requirements of this Ordinance, and all applicable permits within 2

years of the date the approval is granted.

C. Termination: A variance or special exception may be terminated by the Board of Zoning Appeals

under the following procedure:

1. Public Hearing: Upon determination by the Zoning Administrator/Director that possible

grounds for termination exists, the matter shall be placed on the Board of Zoning Appeals

agenda for a public hearing.

2. Grounds for Termination: At the public hearing the variance or special exception shall

be revoked if a finding is made by the Board that one or more of the following is true:

a. The execution of the approval is not consistent with any requirement of this

Ordinance.

b. The execution of the approval is not consistent with any condition of approval,

c. The execution of the approval is not consistent with any written commitment, or

d. The approved was the result of fraud or the misrepresentation of facts.

3. Time Limitations: No special exception or variance may be reviewed by the Board of

Zoning Appeals for the same cause more than once in any 1 year period.

10-4

Section 10

Portland Zoning Ordinance Amended Ord. #2014-12

Board of Zoning Appeals

10.7 DENIED APPLICATIONS

A. Re-filing of Denied Applications: No request for variance, special exception, or administrative

appeal that has been denied may be re-filed for a period of 1 year from the date of the denial,

unless changes have been made that address the reasons for denial.

B. Re-Consideration of Applications: The applicant, remonstrators, or any other interested party

may seek the reconsideration of any variance, special exception, or administrative appeal by

submitting a written request to the Zoning Administrator/Director within 30 days of the date of

Board action on the request. A variance, special exception, or administrative appeal may be

reconsidered by the Board of Zoning Appeals under the following procedure:

1. Public Hearing: Upon receipt of the written request for reconsideration by the Zoning

Administrator/Director the matter shall be placed on the Board of Zoning Appeals agenda

for a public hearing. At the public hearing the board shall only consider whether or not

sufficient grounds for reconsideration are present, but shall not take any new action on the

application. If sufficient grounds are present, the Board shall place the application on the

agenda for its next regularly scheduled meeting, at which time the application shall be

reconsidered and subsequent action taken.

2. Grounds for Reconsideration: At the public hearing the Board shall determine whether

or not the variance, special exception, or administrative appeal shall be reconsidered.

a. The Board may reconsider the application if a finding is made that the entity

seeking the reconsideration is able to provide substantial new information or

clarified facts that were not known or available at the initial hearing on the

application and such new information or facts are directly related to the decision

criteria established by this Ordinance.

b. In no instance shall a reconsideration be granted to allow an applicant to modify

their application.

3. Time Limitation: In no case shall the Board hear more than 2 requests for reconsideration

for any single application.

10-5

Section 10

Portland Zoning Ordinance Amended Ord. #2014-12

Processes

Permits

Section 11

Portland Zoning Ordinance Amended Ord. #2014-12

Processes & Permits

11.1 PETITION & PERMIT APPLICATION TYPES

A. Petition Applications Required: The City of Portland requires that an application be submitted

for the following types of petitions:

1. Variance, Special Exception & Administrative Appeals (subject to the requirements of

Section 11.4)

2. Zoning Map Amendments (rezoning/map change)

3. Planned Unit Development (subject to the requirements of Section 5)

4. Site Development Plan (subject to the requirements of Section 6)

B. Permit Applications Required: The City of Portland requires that an application be submitted for

the following types of permit applications:

1. Improvement Location Permit (note: a building permit may also be required consistent with

the provisions of the Portland Building Code)

2. Certificate of Occupancy and Use

3. Sign Permit (subject to the requirements of Section 8)

C. Application Materials: All applications may be obtained from the Zoning Administrator/Director.

Fees shall be paid to Zoning Administrator/Director at the time all petition applications are

submitted and at the time all permit applications are issued.

1. Application Forms: All applications shall be made on forms provided by the Zoning

Administrator/Director. All applicants shall submit original applications that are completed

in their entirety in ink or typed.

2. Copies of Materials: all applicants shall submit copies of applications and necessary

attachments as required by the adopted policies of the Zoning Administrator/Director and

the applicable Rules and Procedures of the Plan Commission and Board of Zoning

Appeals.

3. Scheduling: All applications shall be assigned reference and/or docket numbers by the

Zoning Administrator/Director. Petition applications shall be scheduled by the Zoning

Administrator/Director for the appropriate public hearings based on the completeness of

the application consistent with the requirements of this Section and the appropriate

adopted Calendars of Filing and Meeting Dates for the Board of Zoning Appeals and/or

Plan Commission.

11.2 VARIANCE APPLICATIONS

The following procedures shall apply to all variance applications:

A. Application: The applicant shall submit a variance application, affidavit and consent of property

owner (if the owner is someone other than the applicant), a copy of the deed for the property

involved, the required filing fee, and required supporting information. Supporting information shall

include, but not be limited to, the following:

1. Site Plan: A site plan shall be signed and dated, and clearly show the entire layout of the

property and all features relevant to the variance request.

2. Statement of Intent: A statement of intent to the Board of Zoning Appeals describing the

details of the variance being requested and stating how the request is consistent with the

required findings of fact described by Section 10. The statement should include any

written commitments being made by the applicant.

B. Notification: Notification for the scheduled public hearing regarding the variance request shall be

completed consistent with Section 9.2 and the Rules and Procedures of the Board of Zoning

Appeals.

11-1

Section 11

Portland Zoning Ordinance Amended Ord. #2014-12

Processes & Permits

C. Public Hearing: The BZA will then, in a public hearing scheduled consistent with the adopted

Calendar of Filing and Meeting Dates, review the variance application and required supporting

information.

1. Representation: The applicant and any representative of the applicant must be present at

the public hearing to present the petition and address the required findings of fact.

2. Testimony: The Board shall consider a report from the Zoning Administrator/Director and

testimony from the applicant, remonstrators, the public and interested parties at the

hearing.

3. Procedures: The presentation of reports and testimony and all other aspects of the public

hearing shall be consistent with the requirements of Section 10 and the Rules and

Procedures of the Board.

4. Possible Action: The BZA may approve, approve with conditions, deny, or continue the

petition.

a. Approval: The application shall be approved if findings of fact are made

consistent with the requirements of Section 10 and Indiana State Code.

b. Approval with Modifications: The application shall be approved with

modifications if the Board of Zoning Appeals determines that the required findings

of fact may be made if certain conditions are applied to the application. The Board

may make reasonable conditions related to the required finding of facts part of its

approval and/or accept written commitments from the applicant.

c. Denial: The application shall be denied if findings of fact consistent with the

requirements of Section 10 and the Indiana State Code are not made.

Applications that are denied shall not be eligible for consideration again by the

Board for a period of 1 year from the date of denial.

d. Continued: The application may be continued by the Board based on a request

by the Zoning Administrator/Director, applicant, remonstrator, or interested party;

an indecisive vote; or a determination by the Board that additional information is

required prior to action being taken on the request.

I. Additional legal notice shall not be required unless specified by the BZA.

II. The continuing of all applications shall be consistent with the adopted

Rules and Procedures of the BZA.

11.3 SPECIAL EXCEPTION APPLICATIONS

The following procedure applies to special exception applications:

A. Application: The applicant shall submit a special exception application, affidavit and consent of

property owner (if the owner is someone other that the applicant), a copy of the deed for the

property involved, the required filing fee, and required supporting information. Supporting

information shall include, but not be limited to, the following:

1. Site Plan: A site plan shall be signed and dated, and clearly show the entire layout of the

property and all features relevant to the special exception request.

2. Statement of Intent: A statement of intent to the Board of Zoning Appeals describing the

details of the special exception request including, but not limited to:

a. The ways in which the special exception shall comply with the applicable

development standards of this Ordinance.

b. The ways in which the special exception shall be consistent with the required

findings of fact described by Section 10.4, and

c. Any written commitments being made by the applicant.

B. Notification: Notification for the scheduled public hearing regarding the special exception request

shall be completed consistent with Section 9.2 and the rules and Procedures of the Board of

Zoning Appeals.

11-2

Section 11

Portland Zoning Ordinance Amended Ord. #2014-12

Processes & Permits

C. Public Hearing: The BZA will then, in a public hearing scheduled consistent with the adopted

Calendar of Filing and Meeting Dates, review the special exception application and required

supporting information.

1. Representation: The applicant and any representative of the applicant must be present at

the public hearing to present the application and address the required findings of fact.

2. Testimony: The Board shall consider a report from the Zoning Administrator/Director and

testimony from the applicant, remonstrators, the public and interested parties at the

hearing.

3. Procedures: The presentation of reports and testimony and all other aspects of the public

hearing shall be consistent with the requirements of Section 10 and the Rules and

Procedures of the Board.

4. Possible Action: The BZA may approve, approve with conditions, deny, or continue the

application.

a. Approval: The application shall be approved if findings of fact are made

consistent with the requirements of Section 10.4 and Indiana State Code.

b. Approval with Modifications: The application may be approved with

modifications if the Board of Zoning Appeals determines that the required findings

of fact may be made only if certain conditions are applied to the application. The

Board may make reasonable conditions related to the required finding of facts part

of its approval and/or accept written commitments from the applicant.

c. Denial: The application shall be denied if findings of fact consistent with the

requirements of Section 10.4 and the Indiana State Code are not made.

Applications that are denied shall not be eligible for consideration again by the

Board for a period of 1 year from the date of denial.

d. Continued: The application may be continued by the Board based on a request

by the Zoning Administrator/Director, applicant, remonstrator, or interested party;

an indecisive vote; or a determination by the Board that additional information is

required prior to action being taken on the request.

I. Additional legal notice shall not be required unless specified by the BZA.

II. The continuing of all applications shall be consistent with the adopted

Rules and Procedures of the BZA.

11.4 ADMINISTRATIVE APPEAL APPLICATIONS

The following procedure shall apply to an appeal of administrative decisions:

A. Application: The applicant shall submit an administrative appeal application and required

supporting information. Supporting information shall include, but not be limited to, the following:

1. Original Submittals: Copies of all materials upon which the decision being appealed was

based.

2. Written Decisions: Copies of any written decisions that are the subject of the appeal.

3. Appeal Basis: A letter describing the reasons for the appeal noting specific sections of

this Ordinance or other standards applicable in the City of Portland upon which the appeal

is based.

B. Notification: Notification for the scheduled public hearing regarding the administrative appeal

shall be completed consistent with Section 9.2 of this Ordinance and the Rules and Procedures of

the City of Portland Board of Zoning Appeals.

11-3

Section 11

Portland Zoning Ordinance Amended Ord. #2014-12

Processes & Permits

C. Public Hearing: The BZA will then, in a public hearing scheduled consistent with the adopted

Calendar of Filing and Meeting Dates, review the administrative appeal application and supporting

information.

1. Representation: The applicant and any representative of the applicant must be present at

the public hearing to present the appeal.

2. Testimony: The Board shall consider a report from the Zoning Administrator/Director and

testimony from the applicant, remonstrators, the public and interested parties at the

hearing.

3. Procedures: The presentation of reports and testimony and all other aspects of the public

hearing shall be consistent with the Rules and Procedures of the Board and Section 10.5.

4. Possible Action: The BZA may grant, grant with modifications, deny, or continue the

appeal.

a. Granted: The appeal shall be granted if findings of fact are made consistent with

the requirements of Section 10.5 of this Ordinance and Indiana State Code.

b. Granted with Modifications: The appeal shall be granted with modifications if

the Board of Zoning Appeals determines that the proper interpretation of the

provision(s) that are subject to the appeal is consistent with neither the

administrative decision nor the requested interpretation of the applicant.

c. Denied: The appeal shall be denied if findings of fact are made supporting the

administrative decision.

d. Continued: The appeal shall be continued based on a request by the Zoning

Administrator/Director, applicant, remonstrator, or interested party; an indecisive

vote; or a determination by the Board that additional information is required prior to

action being taken on the request.

I. Additional legal notice shall not be required unless specified by the BZA.

II. The continuing of all applications shall be consistent with the adopted

Rules and Procedures of the BZA.

11.5 ZONING MAP AMENDMENT APPLICATIONS

The following procedure shall apply to all Zoning Map Amendment ("rezoning/map change") applications:

A. Application Initiation: Proposals for Zoning Map Amendments may be initiated by either the Plan

Commission, the Common Council, or through an application signed by property owners of at least

50% of the land involved.

1. City Initiation: The Zoning Administrator/Director shall prepare the application for zoning

map amendment if either the Commission or the City Council has initiated the application.

The Zoning Administrator/Director shall serve as the representative of the applicant for

such proposals.

2. Property Owner Initiation: Any property owners requesting a zoning map amendment

shall be the applicants and assume responsibility for preparing application materials.

B. Application: The applicant shall submit a rezoning application, affidavit and consent of property

owner (if the owner is someone other that the applicant, and the City is not the applicant), a copy of

the deed for the property involved, the required filing fee, and required supporting information.

Supporting information shall include, but not be limited to the following:

1. Site Plan: A site plan drawn to scale showing, at a minimum all existing and proposed

structures, setbacks, easements, rights-of-way, and any other feature relevant to the

application.

2. Vicinity Map: A vicinity map showing the use and zoning of all properties within 500 feet

of the property subject to the rezoning request.

3. Letter of Intent: A letter of intent to the Plan Commission stating the reasons for the

rezoning, including a detailed description of any proposed development for which the

rezoning is sought. The letter should include any written commitments being made by the

applicant.

11-4

Section 11

Portland Zoning Ordinance Amended Ord. #2014-12

Processes & Permits

C. Rezoning Application: The Zoning Administrator/Director will review the rezoning application and

required supportive information and forward the application to the Plan Commission for public

hearing, review and recommendation.

D. Notification: Notification for the scheduled Plan Commission public hearing regarding the

rezoning request shall be completed consistent with the requirements of Section 9.2 and the Rules

and Procedures of the Plan Commission.

E. Plan Commission Public Hearing: The Plan Commission will then, in a public hearing scheduled

consistent with the adopted Calendar of Filing and Meeting Dates (but no later than 60 days

following the receipt of the application per IC 36-7-6-4-608), review the rezoning application and

required supportive information.

1. Representation: The applicant and/or any representative of the applicant must be present

at the public hearing to represent the application and address any questions the

Commission might have.

2. Testimony: The Commission shall consider a report from the Zoning Administrator/

Director and testimony from the applicant, remonstrators, the public and interested parties

at the hearing.

3. Procedures: The presentation of reports and testimony and all other aspects of the public

hearing shall be consistent with the requirements of the Rules and Procedures of the

Commission.

4. Possible Action: The Commission shall either forward the application to the Common

Council with a favorable recommendation, an unfavorable recommendation, or no

recommendation; or continue the request.

a. Favorable Recommendation: The application shall be forwarded with a

favorable recommendation if it is found to be consistent with the decision criteria

listed in Section 11.5(H). The recommendation may include commitments

requested by the Plan Commission.

b. Unfavorable Recommendation: The application shall be forwarded with an

unfavorable recommendation if it is found to be inconsistent with the decision

criteria listed in Section 11.5(H).

c. No Recommendation: The application may be forwarded with no

recommendation if, by a majority vote of the Commission, it is determined that the

application includes aspects that the Commission is not able to evaluate.

d. Continued: The application may be continued by the Commission based on a

request by the Zoning Administrator/Director, applicant, remonstrator, or interested

party; an indecisive vote; or a determination by the Commission that additional

information is required prior to action being taken on the request.

I. Additional legal notice shall not be required unless specified by the Plan

Commission.

II. The continuing of all applications shall be consistent with the adopted rules

and Procedures of the Commission.

F. Certification: The Plan Commission shall certify its recommendation by resolution to the Common

Council within 10 business days of its determination (per IC 36-7-4-608). The Plan Commission

staff shall forward to the Council appropriate copies of the Plan Commission resolution, the original

application and all supporting information, any staff reports regarding the application, and an

ordinance for the Council's consideration.

11-5

Section 11

Portland Zoning Ordinance Amended Ord. #2014-12

Processes & Permits

G. Common Council: The Common Council shall vote on the proposed rezoning ordinance within 90

days of its certification by the Plan Commission (per IC 36-7-4-608).

1. Notification: The Council shall provide notification of action on the ordinance consistent

with Indiana State Code.

2. Possible Action: The Common Council may either approve or deny the ordinance. If the

Council fails to act within the 90 day time frame specified above, the ordinance shall

become effective or be defeated consistent with the provisions of IC 36-7-4-608. The

Council may also seek modifications or additions to any written commitments as described

in 11.5(I) in this Section.

H. Decision Criteria: In reviewing the rezoning application, the Plan Commission and Common

Council shall pay reasonable regard to the following:

1. Comprehensive Plan: The City of Portland Comprehensive Plan and any other

applicable, adopted planning studies or reports.

2. Current Conditions: The current conditions and the character of current structures and

uses in each district.

3. Desired Use: The most desirable use for which the land in each district is adapted.

4. Property Values: The conservation of property values throughout the City of Portland's

planning jurisdiction.

5. Responsible Growth: Responsible growth and development.

I. Written Commitments: The applicant in any rezoning application may make written commitments

regarding the characteristics of the proposed future use of, or the resolution of outstanding issues

in existence on, the subject property consistent with IC 36-7-4-615.

1. Origin of Commitments: Written commitments may be proposed by the applicant as an

element of the initial submittal of application materials or in response to any modifications

requested by the Plan Commission or Common Council.

2. Consideration of Commitments: All commitments shall be considered by the Plan

Commission and the Common Council in the review of the application.

a. Commitments shall be included as an element of the rezoning ordinance prepared

by the Plan Commission following action taken at the public hearing.

b. Any deletion, addition, or alteration of the written commitments proposed by the

Common Council may be referred back to the Plan Commission for consideration

and included in a revised or affirmed recommendation regarding the application.

3. Recording of Commitments: Following final action being taken on the rezoning

application, the rezoning ordinance, with any written commitments included, may be

recorded in the office of the Jay County Recorder. A copy of any recorded commitments

shall be provided to the Zoning Administrator/Director for inclusion in the application file

prior to the issuance of any Improvement Location Permit. No Improvement Location

Permit shall be issued for a permit application that does not comply with the written

commitments.

4. Enforcement of Commitments: The written commitments shall be considered part of this

Ordinance binding on the subject property.

a. The written commitments shall be binding on the owner of the subject property,

any subsequent owners of the subject property, and any person or entity that

acquires an interest in the subject property or portion thereof.

b. The written commitments shall be enforceable by the Plan Commission consistent

with the adopted provisions for the enforcement of any other aspect of this

Ordinance, as described in Section 12, Enforcement and Penalties.

c. The written commitments may be modified only through the Zoning Map

Amendment process described by this Section.

11-6

Section 11

Portland Zoning Ordinance Amended Ord. #2014-12

Processes & Permits

11.6 IMPROVEMENT LOCATION PERMIT APPLICATIONS

The following procedure applies to Improvement Location Permit applications:

A. General Requirements: No structure or major infrastructure shall be erected moved, or added to,

without a Improvement Location Permit issued by the Zoning Administrator/Director. No

Improvement Location Permit shall be issued unless the project is in conformity with the provisions

of this Ordinance, the Subdivision Control Ordinance, and other applicable regulations of the City of

Portland. When applicable, consistent with Section 6, Site Development Plan review and approval

shall be completed prior to the receipt of a Improvement Location Permit.

B. Permit Required: The City of Portland requires that a Improvement Location Permit be obtained

for any of the following actions. A single Improvement Location Permit may be issued for a

combination of these actions, if they occur together.

1. All residential dwellings.

2. Detached and attached garages and carports.

3. Construction or placement of any structure for any use 100 square feet in area or larger

(including structures other than buildings such as towers, antennas, and satellite dishes

over 4’ in area).

4. All commercial, industrial, and institutional buildings or structures.

5. Additions to all structures.

6. Any exterior construction that adds to or alters the height of an existing structure, as a roof

change.

7. Adding or subtracting dwelling units or leased space in multi-family or commercial

structures.

8. The change of use of any property or structure, or conversions of occupancy classification.

9. Any exterior work to be done in the Downtown Historical District

10. Any temporary use of land or temporary structure.

11. Signs and Murals consistent with Section 8 of this Ordinance.

12. Awnings.

13. Parking lot construction or alteration.

14. Fences, walls, and hedges placed outside of the public right-or-way.

15. Swimming pools (in ground or above ground).

16. Removal of required trees and plants within buffer yards and landscaping areas required

by this Ordinance.

17. Telecommunication towers, buildings, and antennas.

18. Wind Energy Systems (wind towers), commercial and/or privately owned

19. Ponds or lakes.

C. Exemptions: No Improvement Location Permit shall be required for the following types of

improvements. However, any such improvement shall comply with any applicable requirements of

this Ordinance, the Subdivision Control Ordinance, and any other adopted standards of the City of

Portland.

1. Residential driveways and sidewalks that are located entirely on private property.

2. Cosmetic (non-structural) changes to any structure including the replacement of windows

in existing openings, re-roofing, the installation of siding material, and repainting.

11-7

Section 11

Portland Zoning Ordinance Amended Ord. #2014-12

Processes & Permits

D. Application Requirements: All applications for a Improvement Location Permit shall be

accompanied by the following:

1. Site Location Map: A site location map showing the subject property and the general

features of the adjacent property.

2. Site Plan (if applicable): A detailed site plan, drawn to scale with the dimensions

indicated showing the following:

a. The entire property and the features of the property including all rights-of-way,

easements, property lines, required buffer yards, and setbacks;

b. All existing and proposed structures or other site improvements with the

dimensions of such improvements;

c. The distances from all existing and proposed improvements to the property lines;

d. The location of any existing or proposed septic field;

e. The location of any existing or proposed driveway and/or parking areas;

f. Natural, physical, or hazardous conditions existing on the lot;

g. The location of any required landscaping, labeled according to size and species,

h. The location, type, and dimensions of any storm water structures, conduits, or

detention/retention ponds that cross or adjoin the subject property, and

i. Finished floor elevations (if required by the Zoning Administrator/Director).

3. Waste Disposal Verification (if applicable): Either a septic permit from the Jay County

Health Department or a sewer access (tap-on) permit from the City of Portland.

4. Driveway Approval (if applicable): Driveway approval from the City or Portland Street

Department or Jay County Highway Department.

5. Use Description: A detailed description of the existing or proposed uses of the property

and any structures.

6. Dwelling Units/Tenant Spaces (if applicable): An indication of the number of dwelling

units, or tenant spaces the building is designed to accommodate.

7. Indiana State Design Release(s), when applicable for Commercial/Industrial buildings

and/or structures.

8. Any other information required by the Zoning Administrator/Director for the proper

enforcement of this Ordinance

E. Copies: A copy of all submitted plans and application materials shall be retained by the Zoning

Administrator/Director for the permanent records of the Plan Commission.

F. Expiration of Permits: If the work described in any Improvement Location Permit has not been

completed within 1 year of the date of its issuance, the permit shall expire. The City shall not be

required to issue written notice to the persons affected.

1. The Zoning Administrator/Director may grant extensions for up to 1 year each for work

completion. Requests for extensions must be received within 1 month of the expiration.

2. No extension shall be granted unless the project continues to conform with all applicable

requirements of the City of Portland.

G. Construction According to Permits and Permit Application: Improvement Location Permits

issued on the basis of plans and applications only authorize the use, arrangements and

construction set forth in such approved plans and applications. Any other use, arrangement, or

construction not authorized shall be deemed a violation of this ordinance and subject to the

provisions of Section 12, Enforcement and Penalties.

11-8

Section 11

Portland Zoning Ordinance Amended Ord. #2014-12

Processes & Permits

11.7 CERTIFICATES OF OCCUPANCY AND USE OR COMPLIANCE

INTENT: The intent of the Certificate of Occupancy and Use or Compliance procedure is to coordinate

building, planning, and engineering related issues and approvals into a single process and to better ensure

the public safety and general welfare.

The following procedure applies to Certificates of Occupancy and Use or Compliance:

A. General Requirements: An application for a Certificate of Occupancy and Use or Compliance

shall be completed by all applicants at the time the Improvement Location Permit for an

improvement is issued.

B. Certificate Requirements: It shall be unlawful and in violation of this Ordinance for any builder or

property owner to allow any new or significantly remodeled (as determined by the Zoning

Administrator/Director) structure to become occupied or utilized prior to:

1. Legally obtaining a Improvement Location Permit;

2. Completing all required inspections, including the final inspection; and

3. Receiving a Certificate of Occupancy and Use or Compliance from the Zoning

Administrator/Director.

C. Inspections: Upon the completion of the work approved through a Improvement Location Permit

and the inspections required by the Zoning Administrator/Director, the permit holder shall contact

the Zoning Administrator/Director and schedule a final inspection to verify the installation of

improvements consistent with the requirements of this Ordinance. The Building Official, any other

municipal official, and/or any other person requested by the Zoning Administrator/Director may also

take part in the inspection.

D. Certificate issuance: The Zoning Administrator/Director shall issue the Certificate of Occupancy

and Use or Compliance if the improvements comply with all applicable requirements of the City of

Portland, including this Ordinance, the Subdivision Control Ordinance, and all applicable Building

Codes as verified by the Building Official. The Zoning Administrator/Director may also issue a

limited or temporary Certificate of Occupancy and Use or Compliance at his/her discretion.

11-9

Section 11

Portland Zoning Ordinance Amended Ord. #2014-12

Enforcement

Penalties

Section 12

Portland Zoning Ordinance Amended Ord. #2014-12

ENFORCEMENT & PENALTIES

12.1 GENERAL PROVISIONS

A. Authority: The Plan Commission, Board of Zoning Appeals, Building Commissioner, Mayor,

Common Council, Board of Public Works and Safety, and/or Zoning Administrator/Director

(including their staff and/or designees) are designated to enforce the provisions, regulations, and

intent of this Ordinance. All remedies and enforcement shall comply with the powers set forth in IC

36-7-4-1000 et al. and all other applicable state laws.

B. Violations: Complaints made pertaining to compliance with provisions of this Ordinance shall be

investigated by the Zoning Administrator/Director. The Zoning Administrator/Director may include

other officials, such as the, Building Official, Police Chief, or any of their designees in the

investigation. Action may or may not be taken depending on the findings of the investigation. The

degree of action will be to the discretion of the Zoning Administrator/Director, and should reflect

both what is warranted by the violation as well as a consistent approach to the enforcement of this

Ordinance.

C. Inspections: Investigations of property may be done by the Zoning Administrator/Director from a

right-of-way, from adjacent property (with permission of that property owner), or from the property

suspected of a violation once he/she has presented sufficient evidence of authorization and

described the purpose of the inspection to the owner, tenant, or occupant at the time of the

inspection.

D. Court Ordered Entry: In the event that the Zoning Administrator/Director is denied entry to the

subject property, he/she may apply to a court of jurisdiction to invoke legal, applicable, or special

remedy for the enforcement of this Ordinance or any other applicable ordinances adopted under

Indiana Code.

1. Information Required: The applicant shall include the purpose, violation(s) suspected,

property address, owner's name if available, and all relevant facts. Additional information

may be necessary as requested by the court.

2. Entry Permitted: Pursuant to applicable regulations and the orders of the court of

jurisdiction the owner, tenant, or occupant shall permit entry by the Zoning Administrator/

Director.

E. Responsibility: The property owner shall be held responsible for all violations on his/her or their

property.

F. Types of Violations: The following items shall be deemed zoning violations, enforceable by the

Zoning Administrator/Director (penalties may be imposed based on the provisions set forth in this

Section):

1. Illegal Structures: The placement, erection, and/or maintenance of a primary structure,

sign, accessory structure(s) or any other element determined by the Zoning Administrator/

Director to not conform to the provisions or explicit intent of this Ordinance.

2. Illegal Use: Conducting a use or uses that do not comply with the provisions or explicit

intent of this Ordinance.

3. Failure to Obtain a Permit: Failure to obtain a Improvement Location Permit or other

permits and approvals required by this Ordinance.

4. Violation of Stop-Work-Order: Proceeding with work under a Stop-Work-Order or in

violation of a Memorandum of Agreement (as described in Section 12.2(B)).

5. Failure to Comply with Development Standards: Any failure to comply with the

development standards and/or any regulations of this Ordinance.

6. Failure to Comply with Commitments: Any failure to comply with commitments or

conditions made in connection with a rezoning, special exception, or variance; or other