(A) Live/work dwelling. Where permitted, a live/work dwelling's commercial activity may be any nonresidential primary use permitted in the same zoning districts that the live/work dwelling is established, subject to the limitations below. The following commercial activities, when not otherwise specifically listed as permitted in the applicable zoning districts, are permitted in a live/work dwelling use: art gallery, artist studio, professional studio, office (excluding dental/medical office and clinic) and other similar activities determined by the Administrator.
(1) A live/work dwelling use is not a "residential use" or "residential district" or "protected use," nor in any other way be accorded residential protection (e.g., separation) against the effects of surrounding industrial uses as may otherwise be required by this chapter.
(2) Any repair, assembly, or fabrication of goods is limited to the use of hand tools or domestic mechanical equipment.
(3) The commercial activity must not exceed 50% of the gross floor area of the use.
(4) The commercial activity cannot have more than two employees or assistants on the premises at one time. The employees or assistants may be in addition to residents of the live/work dwelling.
(5) Signs are limited to not more than two non-animated, non-illuminated wall or window signs with a maximum total area of 20 square feet.
(6) Outside storage of any flammable and combustible liquids and flammable gases is prohibited.
(7) Nonresidential storage in the live/work dwelling is limited to no more than 10% of the space dedicated to the commercial activity.
(B) Major impact utility. Where permitted, a major impact utility is permitted with the following:
(1) Sanitary sewer treatment plants must be at least 500 feet from any residential district measured from the edge of the treatment plant facility to the boundary of the residential district.
(2) Solid waste facilities must be in a completely enclosed structure and at least 500 feet from any residential district.
(3) The expansion of transmission line capacity does not require a zoning permit provided such expansion may be accomplished within an existing right-of-way or with existing structures or poles.
(C) Minor impact utility. Where permitted, a minor impact utility is permitted with the following:
(1) Electric substations are prohibited in residential districts.
(2) Exposed electric substation transformers must be enclosed by a fence or wall at least six feet high and adequate to obstruct view, noise, and passage of persons.
(3) A minor impact utility use must be at least 50 feet from the nearest boundary of any lot containing a single- or two-unit dwelling use existing at the time of application for the utility use unless the utility has been sited and designed to assure its compatibility with adjacent dwelling units.
(D) Cemetery. Where the use abuts a residential use, a six-foot wide planter area landscaped with tightly spaced shrubs at least six feet high at maturity is required to create an effective, year-round screen. Where permitted, a cemetery may include a crematorium if special exception approval is granted by the BZA. The crematorium must be at least 500 feet from a residential district.
(E) Community center. Where permitted:
(1) A community center cannot have an outdoor public address system or any type of amplified music or sound device;
(2) Overnight accommodations are prohibited;
(3) Where a community center includes accessory outdoor recreation or entertainment services facilities within or abutting a residential district, all outdoor lighting must be extinguished when the outdoor facilities are not in use, by 10:00 p.m. Sunday through Thursday, and by 11:00 p.m. Friday and Saturday.
(F) Parks and playgrounds. Where permitted, a park or recreation facility must comply with the following:
(1) Outdoor lighting, except security lighting, must be extinguished when outdoor facilities are not in use, by 10:00 p.m. Sunday through Thursday, or 11:00 p.m. Friday and Saturday.
(2) Any recreation facility not completely enclosed (e.g., basketball or racquet sport courts) must be at least 50 feet from the boundary of a residential district.
(G) Public and religious assembly uses. In residential districts where permitted, a public or religious assembly use must comply with the following:
(1) The following operations must be terminated by 11:00 p.m.: (i) daily operations of uses and activities accessory to a primary public or religious assembly use, including but not limited to, accessory recreation uses or activities; and (ii) daily operations of other primary uses located on the same zone lot as the public or religious assembly use, including but not limited to, childcare centers or elementary or secondary schools, but not including a primary household living use located on the same zone lot.
(2) Conference center, club, or lodge use is prohibited.
(H) Arts, recreation, and entertainment, indoor uses. In all residential districts where permitted, seating capacity in a permitted arts, recreation, and entertainment, indoor use is limited to no more than 100 people. Where the use abuts a residential use, a six-foot wide planter area landscaped with tightly spaced shrubs at least six feet high at maturity is required to create an effective, year-round screen.
(I) Mineral extraction is prohibited within urban areas as defined in I.C. 36-7-4-1103. A fence at least six-feet tall is required where the use is accessible to the public. In addition to the buffering requirements of § 154.110(E), where the use abuts a residential use, a six-foot-wide planter area landscaped with tightly spaced shrubs at least six feet high at maturity is required to create an effective, year-round screen. The use must be located at least 200 feet from a residential use or district.
(J) Mass transit facility. In all residential districts where permitted, the use is limited to a stop or station for the mass passenger transit system; and parking for the use of passengers or employees of the passenger transit provider.
(K) Parking garage. Where permitted, a parking garage is limited to enclosed structures or structures enclosed except for portions of the parking structure over 45 feet above grade. Any unenclosed parking deck must have screening walls at least four feet in height. All lighting on the unenclosed parking deck must use fully shielded fixtures, not exceeding 6,500 lumens per fixture, and installed to not project glare off the lot.
(L) Dental/medical office or clinic. In addition to the buffering requirements of § 154.110(E), where the use abuts a residential use, a six-foot wide planter area landscaped with tightly spaced shrubs at least six feet high at maturity is required to create an effective, year-round screen.
(M) Medical clinic - special handling. Where permitted, up to 20 patients or clients may stay overnight at any one time in a medical clinic - special handling use. In addition to the buffering requirements of § 154.110(E), where the use abuts a residential use, a six-foot-wide planter area landscaped with tightly spaced shrubs at least six feet high at maturity is required to create an effective, year-round screen.
(N) Animal sales and services, household pets. Where permitted, an animal sales and services, household pets use must comply with the following:
(1) All sales and services must be for household pets only. Wild or dangerous animal services and sales are prohibited.
(2) Overnight boarding is permitted within a completely enclosed building. For uses over 20,000 square feet in GFA dedicated primarily to retail sales, no more than 15% of the GFA can be devoted to overnight boarding.
(3) The use must be completely enclosed except outdoor animal runs or other areas in which dogs are allowed outside of an enclosed structure off leash (an "outdoor run"). An outdoor run must comply with the following conditions:
(a) Outdoor runs are not permitted within 20 feet of a residential structure in a residential district.
(b) The outdoor run may operate only between 6:30 a.m. and 9:00 p.m.
(c) No more than 25 non-neutered or non-spayed dogs older than six months may be kept on the premises at any time.
(4) Facilities must be constructed, maintained, and operated so animal sounds and smells cannot be discerned on adjacent lots when the outdoor run is not in use.
(O) Animal sales and services, all others. Where permitted, an animal sales and services, all others use must comply with the following:
(1) Wild or dangerous animal boarding and breeding services are prohibited.
(2) No more than 25 non-neutered or non-spayed dogs older than six months may be kept on the premises at any time.
(3) Overnight accommodations are allowed.
(4) Where located abutting a residential district, a minimum 50-foot-wide landscaped buffer must be provided. The buffer is intended to substantially mitigate potential adverse effects from the animal service use.
(P) Grocery. Where permitted, a grocery use must comply with the following:
(1) Accessory outdoor sales and displays, including outdoor sales of fruits or vegetables, must occupy no greater than one-fourth the gross floor area of the structure containing the food sales or market primary use.
(2) Outdoor storage is prohibited unless enclosed by a fence or wall adequate to conceal such storage from adjacent residential property or public right-of-way.
(Q) Pawn shop. Where permitted, a pawn shop cannot be established, operated, or maintained within 1,000 feet of another pawn shop.
(R) Retail sales, service, and repair - outdoor. Where permitted, only outdoor retail sales are permitted, and outdoor retail repair or service uses are prohibited.
(S) Automobile services-light. Where automobile services-light are permitted, all primary and accessory structures must be set back at least 40 feet from any side or rear lot line abutting a residential district. Automobile wash, laundry, detail, or polishing shops are permitted subject to compliance with the following standards:
(1) All washing activities must occur inside a building.
(2) Required stacking spaces for waiting vehicles must not be located within a public or private right-of-way and not conflict with maneuvering areas, parking spaces and other activities on the site. Stacking lanes must be designed to prevent vehicle queues from extending beyond the property.
(3) Wastewater must be recycled, filtered, or cleansed to minimize discharge of soap, wax, and solid matter into public sewers.
(4) For automated drive-through wash facilities, a bypass lane must be provided to allow by-passing waiting vehicles.
(5) Overhead doors cannot face any side or rear lot line abutting a residential district. Overhead doors cannot not face a street, except in the following circumstances:
(a) When the doors of a through-garage are located at the front and rear of a building;
(b) When a garage is located on a corner or through lot; or
(c) When determined that a rear overhead door would negatively affect an abutting residential use or district.
(6) A vehicle wash facility building and any accessory buildings and uses, including vacuums, must be located at least 100 feet from a street right-of-way line and any residential district boundary.
(7) The property owner or operator must comply with all applicable noise regulations. Air handling equipment must be located on a roof, be equipped with intervening noise reduction baffles, and be in proper working condition.
(T) Automobile services, heavy. Where permitted, an automobile services, heavy use must comply with the following:
(1) All primary and accessory structures must be set back a minimum of 75 feet from any residential district.
(2) The lot must be enclosed with a solid fence or wall except for street frontage containing the entrance to the use, street frontage of an automobile retail display area, or any portion of a lot line containing a building wall.
(3) The fence or wall must be constructed high enough to conceal vehicles, equipment, or parts located on the lot; provided the wall or fence does not interfere with vision clearance at the intersections (see § 154.099)
(4) Permitted fence or wall materials consist of wood, brick, masonry, or other similar durable materials. Salvaged doors, corrugated or sheet metal, and chain link are prohibited fence or wall materials.
(U) Boat sales, rentals, and repair.
(1) Where permitted, a boat sales, rentals, and repair use must comply with the following:
(a) Outdoor public address or loudspeaker systems are prohibited.
(b) Accessory uses and activities may include the retail sale and installation of boat accessories, making minor mechanical adjustment, washing, and polishing of boats.
(c) In addition to the buffering requirements of § 154.110(E), adjoining residential districts must be protected from the external effects of permitted outdoor boat or equipment display or storage areas and employee or public parking areas by landscape buffers or an opaque fence or wall at least five feet high or by other means to achieve the same protection purpose.
(d) Boats being displayed, serviced, or stored cannot be parked on streets, alleys, public sidewalks, or public landscaped parkways.
(e) As permitted, boats displayed outside a completely enclosed structure may have individual signs.
(2) Sales display areas are not considered parking lots for the purposes of this chapter (e.g., parking space size requirements, landscaping requirements, etc.).
(V) Self-storage facilities. Where permitted in commercial districts, self-storage facilities cannot have individual entrances to storage units from the exterior of the structure.
(W) Storage, commercial. Where permitted, the use must be located at least 500 feet from any residential district.
(X) Sports and/or entertainment arena or stadium. Where permitted, a sports and/or entertainment arena or stadium use must be at least 500 feet from a residential district.
(Y) Heavy vehicle/equipment sales and rentals. Where permitted, a heavy vehicle/equipment sales, rentals, and service use must be located at least 500 feet from the nearest boundary of any residential district existing at the time of application.
(Z) Where permitted, the use must be located at least 500 feet from any residential district.
(AA) Laboratory, research and development services. Where permitted, a laboratory, research and development services use may include sales facilities limited to non-retail sales and sales activities occupying no more than 20% of the gross floor area of the structure. Such use may include indoor storage space for parts and supplies.
(BB) Aquaculture. Where permitted, the outdoor storage of waste material from fish processing is prohibited.
(CC) A fence at least six-feet tall is required where the use is accessible to the public (see § 154.092).
(DD) In addition to the buffering requirements of § 154.110(E), where the use abuts a residential use, a six-foot wide planter area landscaped with tightly spaced shrubs at least six feet high at maturity is required to create an effective, year-round screen.
(EE) Building materials and company vehicles must be screened or located so not visible from a perimeter street or adjacent residential use (see § 154.110(H).
(FF) Vehicle repair uses must meet the following requirements:
(1) A minimum 100 feet of lot frontage is required on an arterial or collector street, as designated in the comprehensive plan. Access to the site must be derived from the abutting arterial or collector street.
(2) Driveways or access points must be located a minimum of 100 feet from any street intersection and 50 feet from any adjacent residential district boundary line. No drive can be located nearer than 75 feet, as measured along the property line, to any other driveway.
(3) Equipment, including hydraulic hoists, pits, lubrication, and other automobile repairing equipment must be located entirely within an enclosed building. Outdoor storage or display of merchandise, such as tires, lubricants and other accessory equipment is not permitted.
(4) Storage of wrecked, partially dismantled, or other derelict vehicles, or overnight parking of any vehicle except a tow truck is permitted only in a designated area. This area must be appropriately screened from public view according to the requirements of § 154.110(H).
(5) All maintenance and repair work must be conducted completely within an enclosed building.
(6) In front of each service bay a vehicle queuing space accommodating at least two vehicles must be provided.
(7) Storage of gasoline, liquefied petroleum gas, oil, or other flammable liquids or gas above ground is not permitted.
(8) Floor drains must not connect to the sanitary sewer system.
(9) If the use includes installation of oil or other automotive fluids except for fuel, the applicant must have a pollution protection plan to prevent groundwater contamination caused by accidental spills or leakage of gasoline or other hazardous materials, such as special check valves, drain back catch basins, and automatic shut off valves, as approved by the Fire Marshal and MS4 Coordinator.
(GG) The use must be located at least 200 feet from a residential use or district.
(HH) Minimum front setback: 50 feet; minimum side setback: 40 feet.
(1) Use must be located at least 200 feet from a residential use.
(2) Use must be enclosed by an eight-foot-high solid wall or fence.
(II) Minimum lot area: 40 acres.
(JJ) Light vehicle/motorcycle sales and rentals. Where permitted, a light vehicle/motorcycle sales and rentals use must comply with the following:
(1) Outdoor public address or loudspeaker systems are prohibited.
(2) Accessory uses and activities may include the retail sale of vehicle accessories, oil, grease, antifreeze, tires, batteries, and other similar products; and providing services of installing the above items, making minor mechanical adjustments, washing, and polishing of vehicles.
(3) The facility must not include heavy automobile service uses as an accessory or primary use unless permitted as a primary use in the subject zoning district.
(4) In addition to the buffering requirements of § 154.110(E), adjoining residential districts must be protected from the external effects of permitted outdoor vehicle or equipment display or storage areas and employee or public parking areas by landscape buffers or an opaque fence or wall at least five feet high or by other means to achieve the same protection purpose.
(5) Vehicles being displayed, serviced, or stored cannot be parked on streets, alleys, public sidewalks, or public landscaped parkways.
(6) As permitted, vehicles displayed outside a completely enclosed structure may have individual signs.
(KK) A fence at least six feet tall is required on all property lines. The fence may be wire mesh or solid.
(LL) The minimum lot area must be six acres plus 5,000 square feet per horse over four horses.
(1) The stable must be located at least 100 feet from a residential use or district.
(2) In addition to the buffering requirements of § 154.110(E), where the use abuts a residential use, a six-foot wide planter area landscaped with tightly spaced shrubs at least six feet high at maturity is required to create an effective, year-round screen.
(MM) Minimum lot area: two acres.
(1) The use must be located at least 100 feet from a residential use or district.
(2) A fence at least six feet tall is required where the use is accessible to the public (see § 154.092).
(3) In addition to the buffering requirements of § 154.110(E), where the use abuts a residential use, a six-foot wide planter area landscaped with tightly spaced shrubs at least six feet high at maturity is required to create an effective, year-round screen.
(NN) Minimum lot area: five acres.
(1) Where abutting a residential use, minimum front setback: 50 feet; minimum side setback: 40 feet; minimum rear setback: 40 feet.
(2) In addition to the buffering requirements of § 154.110(E), where the use abuts a residential use, a six-foot wide planter area landscaped with tightly spaced shrubs at least six feet high at maturity is required to create an effective, year-round screen.
(OO) Kennels. Where permitted, kennels must comply with the following:
(1) All principal use activities, other than outdoor dog runs or exercise areas, must be conducted within a totally enclosed building.
(2) Any dumpsters used by a kennel must be enclosed on all four sides with an opaque fence equipped with a lockable gate and must not be visible from adjacent residential properties. Any disposal of biohazardous waste must be in conformance with state and local requirements.
(3) Activities must not generate a noise level greater than 60 decibels for more than four hours in any 24-hour period at any property line.
(4) Minimum lot area: three acres.
(5) When a kennel is in an agricultural district, the outermost edge of the facility (including the parking area and dog runs) must be at least 500 feet from the property line.
(6) When a kennel is in an industrial, business, or mixed-use district, the outermost edge of the facility (including the parking area and dog runs) must be at least 500 feet from the nearest agricultural, residential, or mixed-use zoning district boundary.
(PP) Roadside produce stands. Where permitted, roadside produce stands must provide adequate off-street parking and circulation for the scale of the operation. Orange snow fencing or other similar materials are prohibited at stands.
(QQ) Retail plant nurseries where plant inventory and related plant products are sold, but the plants are not grown or produced on-site are permitted only in the C-3 General Business District.
(RR) Fueling stations. Where permitted, fueling stations must meet the following requirements:
(1) There is a minimum lot area of one acre and minimum lot width of 150 feet on an arterial street.
(2) Only one driveway is permitted from each street on a corner lot, unless the Board of Zoning Appeals approves a design standards variance to allow additional driveways to ensure safe and efficient access to the site. Driveways or curb openings must be located at least 100 feet from any intersection and 50 feet from any adjacent residential district boundary line. No drive is located nearer than 75 feet, as measured along the property line, to any other driveway. However, if the property is located within the Arterial Corridor Overlay District, the requirements of that district apply.
(3) Pump islands must be a minimum of 30 feet from any public right-of-way or lot line. Tanks, propane, and petroleum products must be set back at least 25 feet from any lot line.
(4) Overhead canopies must be set back at least 20 feet from the right-of-way (measured from the edge of the canopy). The proposed clearance of any canopy is noted on the site plan. The canopy must not exceed 18 feet in height. Lighting in the canopy is be recessed, fully shielded, and directed downward to prevent offsite glare.
(5) If the use includes installation of oil or other automotive fluids except for fuel, the applicant must have a pollution protection plan to prevent groundwater contamination caused by accidental spills or leakage of gasoline or other hazardous materials, such as special check valves, drain back catch basins, and automatic shut off valves, as approved by the Fire Marshal and MS4 Coordinator.
(6) If a fueling station use has been abandoned or terminated for more than 12 months, all underground gasoline storage tanks must be removed from the premises, according to State requirements.
(7) A fueling station may be combined with other uses, such as convenience store, vehicle wash, and/or restaurants; provided all requirements, including parking, are met for each use and the most restrictive requirements applicable to any single use apply.
(Ord. 2022-17, passed 7-19-2022)