Winona Lake Town

Winona Lake

Town Ordinances

UNDER CONSTRUCTION!!!

ORDINANCE NO. 98-5-9

WINONA LAKE, IN

AN ORDINANCE AMENDING

ORDINANCE 98-5-1 CREATING AN INDEPENDENT

MUNICIPAL PURCHASING AGENCY

WHEREAS, IC 5-22 (the "Act") applies to every expenditure of public funds by a governmental body;

WHEREAS, the Town of Winona Lake, IN (the "Town Council") is a governmental body under the Act; and

WHEREAS, the Act authorizes the Town Council to establish a purchasing

agency for the Town of Winona Lake; and

WHEREAS, the Town Council desires to establish a purchasing agency for the Town of Winona Lake, IN;

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF WINONA LAKE, INDIANA:

Section 1. The Winona Lake Town Council (the "Purchasing Agency") is established as the purchasing agency for the Town of Winona Lake, IN.

Section 2. The Purchasing Agency shall have all the powers and duties authorized under IC 5-22, as may be supplemented from time to time by ordinances adopted by the Town Council and policies adopted by the Purchasing Agency.

Section 3. The Purchasing Agency shall act as the purchasing agency for every agency, board, office, branch, bureau, commission, council, department or other establishment of the Town of Winona Lake, IN.

Section 4. The Purchasing Agency may designate in writing any employee of the Town of Winona Lake as a purchasing agent.

Section 5. This Ordinance is effective upon passage and signing by the presiding officers.

Adopted by the Town Council of the Town of Winona Lake, IN, this ____ day of 1998, by a vote of ____ yeses and ____ nos,

YES NO

__________________________________ __________________________________

TOWN COUNCIL

WINONA LAKE, INDIANA

ATTEST:

__________________________________

Retha S. Hicks, Clerk - Treasurer

ORDINANCE NO. 98-5-2

AN ORDINANCE ESTABLISHING CONSTRUCTION FEES

AND REQUIREMENTS FOR THE COUNTY ROAD 250 EAST

WASTEWATER EXTENSION

WHEREAS, I.C. 36-9-23-29 authorizes a municipality to establish and fix construction fees to be charged to abutting or adjoining property for the cost of construction of wastewater extension, and

WHEREAS, the Town of Winona Lake has constructed a wastewater main along County Road 250 E located between Wooster Road and Pierceton Road, and

WHEREAS, the cost of construction of said wastewater main has now been received so that the cost of constructing the project is now known, and

WHEREAS, it is the general policy of the Town Wastewater Utility to recover the costs of the construction of a wastewater main or lateral from that property served by said wastewater main or lateral as permitted by law, and

WHEREAS, the fair and reasonable construction fee now being determined since all construction costs are now known,

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WINONA LAKE, INDIANA, AS FOLLOWS:

Section 1. Property Subject to Construction Fees: The real estate subject to the construction fees provided by this ordinance, which real estate is the property benefiting from the recent extension of wastewater mains along County Road 250 East is shown upon map attached hereto, marked Exhibit A, and made a part hereof by reference, which map is entitled General Service Area Map, and which map shows in black outline the real estate subject to construction fees under this ordinance.

Section 2. Construction Fee Required: Any person who applies for a connection to the sewer line of the Town running along County Road 250 East, as shown on Exhibit A, shall pay a construction fee based upon the use of the property to be served as follows: to wit:

TYPE OF USE AMOUNT

Residential--One Family $ 350.00

Residential--Two Family 700.00

Apartment--One Bedroom 315.00

Apartment--Two Bedroom 465.00

Commercial 1,000.00

Industrial Negotiable

Other Uses Negotiable

Section 3. Adjustment to Construction Fees: The construction fees established by this ordinance shall be increased by an amount of five per cent (5%) each year commencing June 1, 1999, and on the first day of June of each year thereafter, which increase is to take into consideration the additional costs of the Town in having unreimbursed costs in the wastewater line to which these construction fees apply, whether that unreimbursed cost be in the way of interest paid by the Town on bond issues to finance construction or the loss of use of or interest upon the funds of the wastewater utility that were used to construct the wastewater line to which the construction fees apply. The adjustments provided for herein shall always be upon the original charge, and not compounded. For illustration, if a construction fee is $1,000.00, then on June 1, 1999, the construction fee would become $1,050.00, and on June 1, 2000, the construction fee would be come $1,100.00.

Section 4. Negotiable Construction Fees: Negotiable construction fees shall be determined according to the methods used to determine the construction fees established herein.

Section 5. Construction Fee to be Paid Before Connecting: Any construction fee, together with any other fees required to be paid, shall be paid before connecting to the wastewater system.

Section 6. Consent to Annexation: In addition to the construction fee provided for herein, the owners of any real estate that is not within the corporate boundaries of the Town of Winona Lake, Indiana, shall execute a consent to the annexation of such real estate and a waiver of a remonstrance to such real estate before such real estate shall be permitted to connect into the Town of Winona Lake wastewater system, which consent and waiver shall contain the legal description of the real estate, shall be upon such form as may be reasonably required by the Town of Winona Lake, Indiana, and shall be acknowledged or subscribed to, as the Town may require so that the same is recordable in the Office of the Recorder of Kosciusko County, Indiana.

Section 7. Construction Fees/Fund: The construction fees provided for by this ordinance shall be received as net revenues of the Wastewater Utility.

Section 8. Construction Fees/Other Fees: The construction fees provided for by this ordinance shall be in addition to wastewater use fees and wastewater tap and inspection fees and charges required by ordinances of the Town of Winona Lake, Indiana, now or hereinafter existing.

Section 9. Amendment: This ordinance does not amend, alter, or repeal any other ordinance of the Town of Winona Lake, Indiana. This ordinance may be amended from time to time by later ordinance, but no later ordinance shall be considered as an amendment of this ordinance unless such later ordinance specifically provides for an amendment of the terms of this ordinance with respect to the wastewater extension of the Town of Winona Lake, Indiana, to which this ordinance applies.

Section 10. Severability: Each and every section of this ordinance is hereby deemed separate and severable from each and every other section or part of this ordinance so that if any part of this ordinance is declared unconstitutional, illegal, or void, the remaining portions of this ordinance not so declared shall remain in full force and effect.

Section 11. Effective Upon Passage: This ordinance shall be effective upon its adoption.

UPON MOTION DULY MADE, SECONDED, AND ADOPTED by unanimous vote of ______ yeses and ______ nos, the same being more than two-thirds (2/3) of the elected members of the Winona Lake Town Council, this ordinance is considered for final passage upon its first presentation.

UPON MOTION DULY MADE, SECONDED, this ordinance was adopted by a vote of _____ yeses and _____ nos on the _______ day of _______, 1998.

YES NO

_________________________________ _________________________________

_________________________________ _________________________________

_________________________________ _________________________________

_________________________________ _________________________________

_________________________________ _________________________________

WINONA LAKE TOWN COUNCIL

ATTEST:

_________________________________

Retha S. Hicks, Clerk-Treasurer

Town of Winona Lake, IN

ORDINANCE 98-4-4

AN ORDINANCE REGULATING SIGNS

WHEREAS, the Town Council of the Town of Winona Lake, Indiana, has determined it necessary to regulate sign and signs within the Town in order to protect and promote the public welfare, and at the same time, to provide for the needs and convenience of the public,

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the town of Winona Lake as follows:

Section 1. DEFINITIONS

The following terms and words shall be interpreted and defined as stated where ever used throughout this ordinance.

1. Building facade--that part of the exterior of a building that extends from the grade to the top of the parapet or eaves and the entire width of the building (building face).

2. Copy area--the area of the words and numbers included in the sign

copy. This does not include pictures, trade marks, or other advertising symbols.

3. Display area--the total area upon which sign copy may be placed.

4. Embellishment--anything that would be an addition to the sign copy.

Section 2. SIGNS DEFINED

a. Attention attracting device, any sign with a flashing beacon, animation, banner cloth, or other object mounted onto or in a sign.

b. Detached sign--any sign not attached to a building.

c. Illuminated signs:

a. "Semi-illuminated sign"--any sign which is uniformly illuminated internally over its entire area.

b. "Indirectly illuminated sign"--any sign which is illuminated by an external light source which is not visible at eye level.

c. "Fully illuminated sign"--any sign which is illuminated by an external or internal light source which is visible.

d. Incidental sign:

A sign which guides or directs pedestrian or vehicular traffic.

e. Pylon/Monument sign:

An identification sign which rises from the ground and generally has no clearance under it.

f. Off-premises sign:

A sign that directs attention to a business, commodity, service, activity or product sold, conducted or offered off the premise where said sign is located.

g. On-premise sign:

A sign that directs attention to a business, commodity, service, activity or product sold, conducted or offered on the premise where sign is located.

h. Political sign:

Any sign bearing a photograph or oriented material which promotes a person or issues which will be determined by an election by voters.

i. Portable sign:

A sign that is not permanently affixed to one location and can be moved from one site to another.

j. Projecting sign:

A sign extending more than one foot from the face of a building to which it is attached or which extends more than one foot above the roof line.

k. Roof sign:

A sign extending more than one foot from the face of the building to which it is attached or extends more than one foot above the roof line.

l. Development sign:

A sign denoting the architect, engineer, contractor, such contractor, financier or sponsor of a development and designating the future occupant or use of the development.

m. Subdivision development amenity sign:

A sign directing traffic to amenities such as club house or swimming pool within the subdivision.

n. Temporary sign:

A sign of cloth or other combustible material with or without a frame to be used for a limited period of time and is not permanently attached to the ground or a building.

o. Public information sign:

A sign containing only emergency or legal notices and regulations information.

p. Real Estate Sign:

A sign advertising the fact that premises on which it is located is for sale, lease or rent.

q. Under canopy sign:

A display attached to the underside of a marquee or canopy and protruding over public or private sidewalks or right-of way.

Section 3 SIGN NOT REQUIRING PERMITS

A permit will not be required for the following signs. These exemptions however shall apply only to the requirement of a permit and shall not relieve the owner of the sign from the requirements of this ordinance or any other ordinances of the Town concerning the erection , maintenance and appearance of the sign.

A. Real Estate Signs

1. One project, for sale or for rent sign is allowed per street frontage. The sign must be located on premises and must be removed upon completion of the project, or within ten (10) days of the sale or letting of the property.

2. Agricultural, residential or commercial acreage for sale or rent signs shall have a maximum size of thirty-two (32) square feet.

3. Residential structure for sale shall have a maximum size of six (6) square feet.

B. Political Signs

1. Shall have a maximum of thirty-two (32) square feet.

2. May be displayed for forty-five (45) days prior to and ten (10) days

after any election or political event.

3. There shall be no political signs on any public utility pole or any tree.

4. Shall not apply to legally established billboards off premises.

C. Historical place signs

1. Shall not exceed two (2) square feet.

D. Business signs placed, hung or painted on the inside windows and/or glass portions of doors (i.e. credit card signs, business hours signs or sale signs).

E. Street Numbers shall be displayed prominently but not in any manner that will pose any risk or hazard to the public.

F. Temporary Signs for special events for public, charitable, religious or fraternal

organizations:

1. Shall have a maximum size of thirty-two (32) square feet.

2. Shall have only one sign per street frontage.

3. Shall be located on premise and not block visibility.

4. Signs shall not be placed sooner than forty-five (45) days prior to the event and be removed within ten (10) days after the event.

G. Temporary Residential Garage Sale Signs

1. Garage sale signs cannot be displayed sooner than two (2) days prior to

the sale.

2. All garage sale signs shall include the name, address, and telephone number of the person conducting the sale and the date of the sale.

3. All garage sale signs must be removed within two (2) days after the sale.

4. No garage sale signs can be placed on any traffic sign or Town of Winona Lake sign.

H. Parking signs shall have a maximum size of six (6) square feet per entrance and shall not exceed two (2) signs at each access.

I. Contractor Sign

1. Shall have a maximum size of fifteen (15) square feet.

2. Shall be made of metal, wood or industrial plastic.

3. Shall be free standing.

4. The display area shall be of professional quality.

5. Shall be displayed on the premises where work is being done.

6. Shall be displayed only while work is in progress.

Section 4 GENERAL REGULATIONS

A. Signs are not to:

1. Constitute traffic hazards.

2. Be erected at intersections of any street in a way that they obstruct

free and clear vision of pedestrian or vehicular traffic.

3. Use any intensity, position, shape or color that would obstruct or

interfere with the vision at any intersection.

4. Use any word such as "stop," "look," "danger" or any word, phrase,

symbol or character that would interfere with, misdirect or confuse traffic.

B. Areas refer to the total area of the sign normally to be used for presenting

information or attracting attention.

C. Signs required by law to be specific size, composition or location may be permitted by the local governing body (i.e. zoning commission).

D. Any sign that is placed directly under or within then (10) feet of any power

line must contact the local power company.

E. Permit fees: before being an application for permit is granted a permit fee shall be paid to the Town in the amount set forth by this ordinance.

F. Conformance with provision of this chapter (Signs Generally).

1. All signs not complying with the provisions of this chapter, after

its passage, shall be deemed non-conforming signs.

2. No non-conforming signs may be replaced or repaired if said sign is damaged more than sixty (60) percent of its value unless it is brought into compliance.

3. Upon change of use, occupancy or ownership on any property or structure, the sign offered to said structure or erected on premises shall be brought into compliance.

Section 5 SIGNS ALLOWED

A. Suburban resident district

1. Home occupations

One non-illuminated sign not to exceed one (1) square foot in area and be mounted directly on the residence except when the residence is not visible from the street or right-of-way. One detached sign may be substituted for the above residence attached sign. Said detached sign shall not exceed four (4) square feet in area, nor six (6) feet in height and must be set back then (10) feet from the property line.

2. Agricultural products

One non-illuminated sign not to exceed thirty-two (32) square feet in area and a limit of four (4) feet in height. It will have a setback of ten (10) feet from existing right-of -way and property lines.

3. Subdivision/development and multi-family signs

A limit of two on the premise and can be non-illuminated or indirectly illuminated. Each sign will be no larger than forty (40) square feet in area and not more than four (4) feet in height.

Subdivision signs shall be at least ten (10) feet from existing or proposed right-of way and property line.

4. Churches and other institutional uses

A limit of two (2) non-illuminated, semi-illuminated or indirectly

illuminated detached sign. Each detached sign will be no larger

than thirty-two (32) feet in area and not more than four (4) feet in

height. The sign shall be set back ten (10) feet from any property line. One wall sign not to be larger than ten (10) percent of the facade on which it is mounted is allowed.

B. Single-family resident district

Signs are allowed as in the Suburban district except that detached home occupation signs are not permitted.

C. Two-family and multiple -family residence district

1. Signs allowed in subparagraphs A, 3 and 4 above.

2. A multi-family development shall be allowed one (1) non-illuminated

wall sign per building not to be larger tan twelve (12) square feet in area

identifying the building.

D. Central business districts, highway commercial districts and neighborhood

commercial district

1. Each business or commercial establishment shall be allowed tow (2)

wall signs which may be illuminated or semi-illuminated. The total square footage of the two (2) signs can not exceed fifteen (15) percent of the facade on which they are placed.

2. In lieu of one of the above attached sign, a single detached sign which may be illuminated or semi-illuminated shall be permitted. The detached sign will be placed at least the (10) feet from existing or proposed right-of- way and be setback from any residential district boundary or distance equal to the height of the sign. The detached sign shall not exceed the height of structures permitted in these districts. The sign shall not exceed sixty-four (64) square feet per sign with a maximum of two (2) sides detached. Any detached sign that is larger than four (4) feet in height, measuring from the ground to the top of the sign shall have open space of eight (8) feet measuring from the ground to the bottom of the sign.

3. A shopping center or office park designed as one entity and having one or more buildings shall be permitted one detached sign identifying the center. These signs can be illuminated or semi-illuminated and not exceed thirty-five (35) feet and no larger in size than five hundred (500) square feet. All other signs which may be illuminated or semi-illuminated shall be wall signs are to be no more than twenty-five (25) percent of the total wall space per side. Incidental signs may be placed within the development subject to approval of the governing body.

E. Light industrial district and heavy industrial district signs are allowed as in subparagraph D above.

Section 6 ELECTRICAL SIGNS

A. All new signs using electricity must meet the National Electrical Code, published by National Fire Protection Association as amended.

B. All electrical signs shall have a shut off within sight of the sign per National Electrical Code, published by the National Fire Protection Association as amended.

Section 7 OFF-PREMISE ADVERTISING SIGNS/BILLBOARDS

A. Off-premise signs shall be allowed in such zoning areas as are approved by the Winona Lake Plan Commission.

B. The off-premise signs per side shall be no greater than five (500) hundred square feet.

C. The height of the off-premise sign shall be no greater than fifty (50) feet measured from the grade level to the top of the sign.

D. The sign shall have a minimum clear space of then (10) feet and a maximum clear space of forty (40) feet.

E. Off-site signs shall be separated by a distance of one thousand (1,000) feet on the same side of the road/street and there will be a five hundred (500) circumference from any other off-site sign on the opposite side of the street.

F. The set-back from the street right-of-way shall be equal to the height of the off site sign when a sign is adjacent to a residential area, it shall be set-back equal to the height of the sign.

G. The structural support of the off-premise sign shall be constructed on a steel pole or poles. The sign will be constructed of such material as approved by the governing body. The exposed rear of the display and structural members shall be finished and maintained to a degree equal to that of the display side.

H. Off-premise signs may be illuminated subject to the following conditions:

1. Signs which contain, include or are illuminated by any flashing, intermittent or moving light are prohibited.

2. Signs which are not effectively shielded or their intensity or brilliance cause the vision of the driver of a motor vehicle to be impaired are prohibited.

3. No sign shall be so illuminated as to interfere with the effectiveness or obscure any official traffic sign, device, or signal.

I. All off-premise signs shall be maintained in a state of good repair. The backs and supporting structures shall be kept painted in a neutral color to blend with the natural environment.

Section 8 TEMPORARY SIGNS

A. Duration of permit: a temporary sign permit shall be for a duration not to exceed thirty (30) days with one extension not to exceed thirty (30) days.

B. All temporary signs shall be located on private property.

Section 9 ENGINEERING DESIGN STANDARDS

All signs shall be built in accordance with the Uniform Sign Code, published by _______________________________________________, as amended.

Section 10 PERMIT FEES

A. Every applicant before being granted a sign permit shall pay a fee per sign to the town according to the following schedule:

Permit signs

(1) Residential $10.00

(2) Commercial $25.00

(3) Institutional $10.00

(4) Billboard $50.00

B. The Building Commissioner shall have the authority to permit, prohibit or send to the Board of Zoning Appeals any sign permit request. The Board of Zoning appeals shall have the authority to approve any sign permit request presented to it, and upon appeal, may overrule the decision of the Building Commissioner.

Section 11 PENALTY

A. The owner or agent of a building or premise in or upon which a violation of any provision of the ordinance has been committed or shall exist, or lessee or tenant of that part of a building or premise in or upon which a violation exists shall be guilty of a punishable violation and shall be punished by a fine not to exceed three hundred dollars ($300.00) for any one offense, recoverable with cost. Each and every day that the violation continues after notification shall constitute a separate offense.

B. Any architect, builder, contractor, agent or their person who commits, participates in and assists in or maintains the violation may each be found guilty of a separate offense and suffer the penalties herein provided.

C. Nothing herein contained shall prevent the Town of Winona Lake from taking any other lawful action that is necessary to prevent or remedy any violation.

D. In the event of any action to enforce the terms of this Ordinance, the person or entity violating the terms of this Ordinance, shall be responsible for the reasonable attorney’s fees incurred by the Town, provided however, that the penalty provided for herein and the attorney’s fees shall not exceed $2,500.00 per violation.

Section 12: This Ordinance shall become effective upon its adoption, passage and publication as required by law.

Upon motion duly made, seconded and adopted by a vote of ____ ayes and ____ nays, the foregoing Ordinance was adopted by the Town Council of the Town of Winona Lake, Indiana, on the ___ day of ______________, 1998, at a regular meeting of the Town Council.

AYES NAYS

__________________________________ ______________________________

WINONA LAKE TOWN COUNCIL

ATTEST:

__________________________________

Retha S. Hicks, Clerk-Treasurer