CITY OF WARSAW - ORDINANCE 2010-08-04

ORDINANCE NO. 2010-08-04
AN ORDINANCE AMENDING APPENDIX B
OF THE CITY CODE OF WARSAW, INDIANA, THE ZONING ORDINANCE

SECTION 1. Be it ordained by the Common Council of the City of Warsaw, Indiana, that the text of Appendix B of the Code of Laws of the City of Warsaw, Indiana, the Zoning Ordinance is hereby amended as stated herein.

SECTION 2. This ordinance revision was initiated by the Plan Commission of the City of Warsaw, which did on July 13, 2010, hold a legally advertised public hearing on said ordinance and by resolution recommended adoption of said amendment.

SECTION 3. Appendix B of the Code of Laws of the City of Warsaw, Indiana, the Zoning Ordinance is amended to read as follows:

The following is added to Article 11 Definitions:

Neighborhood Center - Indoor: An indoor space together with accessory structures and uses used for recreational, social, educational, or cultural activities by and for the benefit of the community, which is not operated for profit. This includes City of Warsaw parks and recreation facilities.

Neighborhood Center - Outdoor: An outdoor space together with accessory structures and uses used for recreational, social, educational, or cultural activities by and for the benefit of the community, which is not operated for profit. This includes City of Warsaw parks and recreation facilities.

Recreation Facilities - Indoor: Indoor commercial entertainment and recreation facilities together with accessory structures and uses, operated for a profit.

Recreation Facilities - Outdoor: Outdoor commercial entertainment and recreation facilities together with accessory structures and uses, operated for a profit.

Table 1A - Table of Permitted Uses is amended to include:

USES RR-1 R-1 R-2 R-3 C-2 C-3 C-4 C-5 I-1 I-2 I-3 M Recreation Facilities - Indoor SE P P P P P P P Recreation Facilities - Outdoor P P P P P Neighborhood Center - Indoor SE SE SE SE P P P P P Neighborhood Center - Outdoor SE SE SE SE P P P

The following is deleted from Table 1A - Table of Permitted Uses: USES RR-1 R-1 R-2 R-3 C-2 C-3 C-4 C-5 I-1 I-2 I-3 M Community Center SE SE SE SE SE SE Section 12.4.5 List of Special Exceptions is amended to include:

1. Recreation Facilities - Indoor
2. When bordering a residential district or use,

• Setbacks shall be equal to the building height times two.
• All lighting shall be arranged and sheltered so that at the property lines;
• view of the source is prevented and
• ambient light is limited to 20 lumens.
• Landscape buffer - 25’ wide landscape buffer or 50% of the setback (whichever is greater),

with 6’ high continuous screen, with one (1) tree per thirty (30) linear feet of buffer. pp. Neighborhood Center - Indoor and Neighborhood Center - Outdoor

1. When bordering a residential district or use,

• Setbacks shall be equal to the building height times two.
• All lighting shall be arranged and sheltered so that at the property lines;
• view of the source is prevented and
• ambient light is limited to 20 lumens.
• Landscape buffer

• Neighborhood Center - Indoor: 25’ wide landscape buffer or 50% of the setback (whichever is greater), with 6’ high continuous screen, with one (1) tree per thirty (30) linear feet of buffer.

• Neighborhood Center - Outdoor: 10’ wide landscape buffer or 50% of the setback (whichever

is greater). with 1 tree per 500 square feet of buffer. The following is removed from section 12.4.5. List of Special Exceptions

k. Community centers
SECTION 5. That this Ordinance is to be in full force and effect from and after its passage.
Adopted this 16th day of August, 2010.

AYE NAY Dr. Joe Thallemer Kyle Babcock Jeff Grose Charles D. Smith George Clemens

Jerry Patterson Dan Hampton Ernest Wiggins, Presiding Officer Common Council, City of Warsaw ATTEST: Lynne Christiansen, Clerk-Treasurer PRESENTED TO AND APPROVED by me on this 16th day of August, 2010. Ernest Wiggins, Presiding Officer Common Council, City of Warsaw ATTEST: Lynne Christiansen, Clerk-Treasurer This instrument prepared by Mike Valentine, Attorney at Law a20