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Unless otherwise indicated, the zone boundary lines are land lines, the centerlines of streets, parkways, alleys or railroad rights-of-way, or these lines extended. Other lines within blocks are rear or side lot lines or those lines extended. Where the physical layout existing on the ground varies from the layout as shown on the zoning map due to the scale, lack of detail or eligibility of the zoning map, the Zoning Administrator shall interpret the map according to the reasonable intent of this chapter.
(Ord. 466, § 2-2-3, passed 5-11-98)
(A) Nonconforming uses and structures. Within the districts or zones established by this chapter or by amendments that may later be adopted, there exist nonconforming structures, nonconforming uses of land, and nonconforming uses of structures or of structures and land in combination, which were lawful before this section was passed or amended, but which would be prohibited, regulated or restricted under the terms of this section or future amendments hereto. It is the intent of this section to permit these nonconforming uses to continue until they are removed, but not to encourage their survival. It is further the intent of this section that nonconforming uses shall not be enlarged upon, expanded or extended, nor that they be used as grounds for adding other structures or uses which are prohibited elsewhere in the same zone. Illegal uses existing at the time this chapter is enacted shall not be validated by virtue of its enactment. (`84 Code, Article 2, Chapter 3, Intro.)
(B) Continuation of nonconforming structures.
(1) Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not now be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk or other requirements contending the structure, the structure may be continued so long as it remains otherwise lawful.
(2) A nonconforming structure may be repaired or altered, provided no structural change shall be made.
(3) A structure, nonconforming as to height, yard or lot area requirements, shall not be added to or enlarged in any manner unless the structure, including any addition or enlargement, is made to conform to the height, yard or lot area requirements of the zone in which it is located.
(4) No nonconforming structure shall be moved in whole or in part to any other location on the lot unless every portion of each structure is made to conform to all the regulations of the zone in which it is located.
(Ord. 466, § 2-3-1, passed 5-11-98)
(C) Continuation of nonconforming uses of land.
Where, at the time of adoption or amendment of this chapter, lawful uses of land exist which would not be permitted by the regulations imposed by this chapter, the uses may be continued so long as they remain otherwise lawful, subject to the following provisions:
(1) No nonconforming 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 chapter.
(2) No nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by those uses at the effective date of adoption or amendment of this chapter.
(3) No additional structure which does not conform to the requirements of this chapter shall be erected in connection with the nonconforming uses of land.
(Ord. 466, § 2-3-2, passed 5-11-98)
(D) Continuation of nonconforming uses of structures or of structures and land in combination. If a lawful use of a structure or use of a structure and land in combination exists at the effective date of adoption or amendment of this chapter that would not now be allowed in the zone in which it is located under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) A nonconforming use of a structure, designed for a conforming use, shall not be expanded or extended into any other portion of the conforming structure, nor changed except to a conforming use.
(2) Any structure or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone, and the nonconforming use may not thereafter be resumed.
(3) Where nonconforming use status applies to a structure and landing combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(Ord. 466, § 2-3-3, passed 5-11-98)
(E) Conforming mobile home park. Any mobile home park which exists upon the effective date of adoption or amendment of this chapter and which is located in a zone which permits a mobile home park, either as a permitted use or as a special exemption, shall be regarded as a conforming use and may be continued except that any change in layout, expansion or extension shall be subject to all provisions of this chapter. (Ord. 466, § 2-3-4, passed 5-11-98)
(F) Nonconforming variance.
(1) The Board may authorize, upon appeals in specific cases, a variance from the terms of this chapter as will not be contrary to the public interest, and where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done; provided, however, that no action shall be taken or decision made except after public hearing.
(2) To avoid undue hardship, nothing in this chapter 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 chapter, and upon which actual building construction has carried on diligently. Where demolition or removal of an existing building has been substantially begun and/or preparatory to rebuilding, the demolition or removal shall be deemed to be actual construction, provided that the work shall be carried on diligently.
ACTUAL CONSTRUCTION is defined as work done which is beyond the preparation stage and which is into the stage where changes or additions are made permanent.
(Ord. 466, § 2-3-5, passed 5-11-98)
(G) Amortization of nonconforming uses of buildings.
(1) Whenever a nonconforming use has been discontinued for a period of 12 months, the use shall not thereafter be reestablished, and the use thereafter shall conform to the provisions of this chapter, except when the nonconforming use is dependent on seasonal trade, the discontinued period shall be extended to 14 months.
(2) No building damaged by fire or other causes, to the extent that its restoration will cost more than double its assessed valuation, shall be repaired or rebuilt except to conform to the provisions of this chapter.
(Ord. 466, § 2-3-6, passed 5-11-98)
(H) Nonconformance due to reclassifications. The provisions of this section shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to reclassification of zones under this chapter, or any subsequent change in the regulations of this chapter, and any time periods specified for amortization of nonconforming uses shall be measured from the date of any reclassification or change. (Ord. 466, § 2-3-7, passed 5-11-98)
(A) No temporary building or temporary structure shall be erected, reconstructed, enlarged, or moved on to any lot, plot or tract of land other than for agricultural purposes or as a temporary construction field office unless it conforms with this chapter.
(B) (1) A mobile home may be moved onto a lot, plot or tract of land and be used as a temporary residence for a period of one year during the construction time of a permanent residence on the same lot, plot or tract. Prior to the moving of any mobile home onto any lot, plot or tract for that purpose, the owner shall obtain a special exception grant from the Board of Zoning Appeals. The grant shall run for a period of one year. Upon expiration, the grant may be extended for one additional year by the Zoning Administrator upon adequate showing by the owner that the construction of the residence has not progressed to a livable stage due to conditions beyond his control. Only one extension shall be allowed for the grant; after the final expiration of the grant, the mobile home shall be vacated and removed within 30 days of the expiration date.
(2) The temporary residence shall comply with all city and state health requirements which would be imposed upon a permanent residence on the same lot, plot or tract.
(C) In an A Zone, a mobile home or travel trailer may be moved onto a lot, plot or tract of land and be used as a temporary accessory use without regard to the other provisions of this chapter for a period of time determined by a special exception grant from the Board of Zoning Appeals, and providing that the following conditions are met:
(1) The mobile home or travel trailer shall be permitted only on property having no permanent dwelling.
(2) The mobile home or travel trailer shall not be permitted to encroach on the required yard or setback as specified by the zone in which it is located.
(3) The mobile home or travel trailer shall not be moved onto a property unless an improvement location permit has been issued, and it shall not be used for dwelling purposes until a certificate of occupancy has been issued.
(4) The application for the improvement location permit and the certificate of occupancy shall be accompanied by a letter from the County Board of Health and State Board of Health stating that the proposed method of water supply and sanitary waste disposal meets their requirements.
(5) Each mobile home or travel trailer shall contain a flush toilet, sleeping accommodations, tub or shower bath, kitchen facilities and plumbing and electrical connections designed for and attached to appropriate external systems.
(6) Personal goods and articles, other than vehicles, fuel tanks, boats and similar items too large to reasonably enclose shall be stored on the lot in a completely enclosed structure.
(7) After the grant of the special exception by the Board of Zoning Appeals, the Zoning Administrator has the authority to issue the improvement location permit and certificate of occupancy if the above and all other applicable regulations and requirements are met.
(D) No mobile homes, mobile home offices and semi-trailers shall be permitted as permanent storage sheds in any zone.
(Ord. 466, § 2-4-1, passed 5-11-98) Penalty, see § 152.999
(A) The contingent uses hereinafter set forth shall be permitted by the Board, only after public hearing, in any district where the uses are essential or desirable to the public convenience or welfare, or if the refusal of this permit would create an undue hardship on the applicant. No permit for a contingent use shall be granted if the Board shall find that the use is in conflict with any plan duly adopted by ordinance, or if the Board determines the proposed use will be detrimental to the surrounding area. In the exercise of its approval, the Board may impose additional conditions regarding the location, character, and other features of the proposed building, structure, or use as may be reasonably required to further the purposes of this chapter.
(B) All contingent uses which existed upon the effective date of this chapter shall be regarded as conforming uses and may be continued, except that major changes in layout, expansions or extension to those uses shall be subject to Board review and approval as required for contingent use.
(C) Permitted contingent uses are identified as follows:
(1) An airport or similarly designed area for the landing and taking off of aircraft, with the following provisions:
(a) The proposed location has been approved by the Commission as to compatibility with the Master Plan for the physical development of the city.
(b) The area and the arrangement of all improvements shall be sufficient, for the class of airport proposed, to meet the requirements of the Federal Aviation Agency, the Aeronautic Administration of Indiana, and any other rightfully involved governmental agency.
(c) Any proposed buildings, hangars, or other structures shall be at least 100 feet from any street or lot line.
(d) No application shall be considered unless it is accompanied by a plan, drawn to scale, showing the proposed location of the airport; boundary lines; dimensions; names of owners of abutting properties; proposed layout of runways, landing strips or areas, taxi strips, aprons, roads, parking areas, hangars, buildings, and other structures and facilities; the location and height of all buildings, structures, trees and overhead wires falling within the airport approach zones and less than 500 feet distant from the boundary lines of the airport; other pertinent data, such as topography and grading plan, drainage, water and sewerage, and the like.
(2) Cemetery.
(3) Governmental installation not otherwise permitted.
(4) A hospital, nursing home, sanitarium or asylum which does not treat mental, drug or alcoholic patients.
(5) Medical health center or clinic, with parking provided as specified by this chapter.
(6) Public utility facilities such as radio and television transmitter stations and towers; petroleum and natural gas transmission lines, pumping stations and facilities; electric substations and telephone exchanges where not otherwise permitted by this chapter; railroad lines; classification yards and terminals; and other similar uses of a public utility or public service nature, including structures and appurtenances for their enclosure, maintenance and operation.
(7) Educational institution, including churches.
(8) Fairgrounds.
(9) Nonprofit recreational establishments or uses.
(10) Private school.
(11) Golf course.
(Ord. 466, § 2-4-2, passed 5-11-98) Penalty, see § 152.999
(A) The special uses hereinafter set forth shall be permitted by the Board, only after public hearing, in zones indicated in division (C) of this section, where the uses are essential or desirable to the public convenience or welfare, or if the refusal of this permit would create an undue hardship on the applicant. No permit for a special use shall be granted if the Board shall find that the use is in conflict with any plan duly adopted by ordinance, or if the Board determines the proposed use will be detrimental to the surrounding area. In the exercise of its approval, the Board may impose additional conditions regarding the location, character and other features of the proposed building, structure or use as may be reasonably required to further the purposes of this chapter.
(1) Considerations for any special use. In considering a petition for any permitted special use, the Board shall give due regard to the following factors as they will apply to the particular situation:
(a) The location and size of the use; the nature and intensity of the operations involved in or conducted in connection with it; its site layout, including parking space requirements; and its relation to streets giving access to it so that vehicular traffic to and from the use will not create undue hazards to the normal traffic of the vicinity, taking into account, among other things, vehicular turning movement in relation to routes of traffic flow, relation to street intersections, sight distances, and relation to pedestrian traffic.
(b) The nature, location, size and site layout of the use so that it will be harmonious to the district in which it is situated.
(2) Authorization for continuance.
(a) All special uses, except sanitary landfills and incinerators, which existed upon the effective date of this chapter and which are located in a district which would permit the use in accordance with the provisions of this section, shall be regarded as conforming uses and may be continued, except that major changes in layout, expansion or extension to the uses shall be subject to Board review and approval as required for special exception.
(b) All special uses hereafter authorized by the Board in accordance with the provisions of this section shall be regarded as conforming uses and may be continued, except that major changes in layout, expansion or extension to the use shall be subject to Board review and approval as required for special uses.
(3) Uses which may be allowed by the Board.
(a) Animal hospitals, veterinary clinics, animal boarding places and kennels. In any A or F zone, a veterinary clinic, animal hospital, animal boarding place, or kennel, provided that no part of any building, pen or run shall be within 300 feet of any adjoining residence.
(b) Antique shop. In any A zone, an antique shop, provided that any outdoor display of articles for sale shall be at least 50 feet from any street or property line.
(c) Child care home. In any A, R-1 or R-2 zone, a child care home or nursery school upon a finding by the Board that the use will not constitute a nuisance because of traffic, number of children being cared for, noise or type of physical activity.
(d) Sanitary landfills and incinerators. In any A or I-2 zone a dump, sanitary landfill and/or incinerator, upon a finding that the use will not constitute a nuisance because of traffic, noise, odors, smoke or physical activity, provided that the area and setback requirements as specified by the Board are complied with, provided that it meets the approval of the City Board of Health and the state Department of Environmental Management or the state agency exercising jurisdiction over the subject matter.
(e) Hospital, nursing home, sanitarium, asylum or other institution. In any A or R-2 zone, a hospital, nursing home, sanitarium, asylum or other institution which cares for mental, drug or alcoholic patients or is a penal or correctional institution, subject to the following conditions:
1. No part of any building in which inmates or patients are housed is, or is proposed to be, located less than 300 feet from any bounding lot or street line.
2. Adequate off-street parking space is provided.
3. Protective, man-proof fencing is provided where necessary.
(f) Limited office uses in residential zones as a transitional use. In any R-2 zone, a dwelling on any lot or parcel of land immediately abutting along its side lot line or lying directly opposite across a street from any commercial or industrial district may be used for limited office purposes provided that the use is in accordance with the following requirements:
1. The use shall be confined to the offices of doctors, dentists, lawyers, accountants, realtors, engineers, and similar professional persons.
2. The use shall not change or alter the exterior characteristics of the premises, and no nameplate or other sign exceeding two square feet in area shall be displayed on the premises.
3. Wherever possible, in the opinion of the Board, all entrances, driveways, walks, parking areas and signs incidental to the use shall be located on the side of the building nearest to the commercial or industrial zone.
(g) Recreational establishments and uses in any F, A, C or I Zone.
1. Buildings and structures for clubs, fraternal organizations, lodges, youth organizations, adult organizations, fishing ponds, picnic areas, and private recreational developments, all conducted for profit. The use of firearms is permitted if adequate precautions are taken to safeguard the public.
2. Transient amusement enterprise, medicine show or circuit, the chief activity of which is carried on for gain or profit.
(h) Special uses allied with agriculture.
1. In any A zone, a trucking operation primarily engaged in commercial transportation of agricultural products other than those raised on the premises, feed mills where grain is processed on a commercial basis, poultry dressing establishments, and animal slaughter houses where animals other than those raised on the premises are processed on a wholesale basis, commercial welding shops, livestock sales, auction barns, commercial dairy for the processing, packaging and distribution of dairy products, and fertilizer blending and sales operations and farm equipment sales.
2. In any A, F and R-2 zone, a greenhouse and/or plant nursery provided retail sales are limited to the sale of plants and the commodities used in the direct care of plants.
3. In any A zone, an agricultural labor camp (migrant worker camp) may be established or enlarged on a temporary permit basis. The temporary permit shall be valid for a period of one calendar year, renewable only if the agricultural lab or camp is maintained in accordance with the requirements of this chapter.
(i) Mines and quarries. Sand, gravel or clay pits; rock or stone quarries; mining; removal of earth or top soil. In any zone, the use of vacant land for the removal of natural material or deposits including, but not limited to, sand, gravel, clay, rock or stone, earth or topsoil; all uses shall be subject to the following:
1. All applications for these uses shall be accompanied by a map or plat showing the area proposed to be included in the extraction or removal of material; and a final grading plan which shows the existing around elevations of the site and the land immediately adjacent thereto, the location and elevation of all bounding streets or roads, and the final elevations of the site at the termination of the operation with respect to the elevations of the immediately adjacent land and bounding streets or roads.
2. Unless the Board specifies otherwise, the areas exposed by the operation shall not have a final cut slope steeper than three feet horizontal to one foot vertical distance, and shall be left suitable for development purposes in accordance with the final grading plan approved by the Board.
3. Unless otherwise permitted by the Board of Zoning Appeals, temporary operating cut slopes steeper than one foot horizontal to one foot vertical shall in no case be brought closer than 50 feet where a sight screen is provided, or 75 feet in the case where no provision is made for sight screening, to an exterior property line, right-of-way line of any street, road, way or alley, as existing or as proposed in the Master Plan.
4. Explosives shall be used only between sunrise and sunset except in the case of an emergency.
5. All buildings, structures or equipment shall be entirely removed from the property within one year after the expiration of the term.
6. Dikes or other barriers and drainage structures shall be provided to prevent silting of natural drainage channels or storm drains in the area surrounding the use.
7. Where required by the Board, final cut slopes shall be treated to prevent erosion; topsoil shall be replaced on the slopes to support vegetation; ground cover shall be planted within 12 months after a cut slope is excavated to its final position; and ground cover shall be maintained for a period of time sufficient to provide vegetation of a density that will prevent erosion.
8. Where required, suitable plant material shall be placed and maintained to screen slopes from public view. There shall be no open storage of discarded machinery, trash or junk which would present an unsightly appearance.
9. Quarries and sand and gravel pits shall be operated so as to keep dust and noise to a minimum, and access roads shall be maintained as dust-free surfaces from the public street to within 100 feet of the loading point within the quarry or sand and gravel pit when adjacent properties are used or zoned for residential purposes.
10. Vehicles carrying materials from quarries or sand and gravel pits shall be loaded in a manner so as to prevent spilling rock, gravel, sand or other materials of a mineral nature while in transit upon roads and highways.
11. Quarry or sand and gravel pit excavations which may penetrate near or into a usable water-bearing stratum shall be conducted in such a manner that any stratum so approached or encountered will not be subject to pollution or contamination either during quarrying operations or the excavation of a sand and gravel pit or subsequent to the abandonment of the quarry or sand and gravel pit.
(j) Sawmill. In any F or A zone, a sawmill, for a period of not more than three years subject to renewal, for the cutting of timber grown in the immediate area, provided that no saw or other machinery shall be less than 100 feet from any lot or street line and that all power saws and machinery will be secured against tampering or locked when not in use.
(k) Tourist home. In any A or R-2 zone, a tourist home, provided that the use will meet all other applicable government regulations.
(l) Campgrounds. Campgrounds may be permitted in any C-2, C-3 and I-1 zones. They may also be permitted in the A and R-2 zones only when the site is at least 300 feet from an existing adjacent residence. They may be permitted in the F zone, provided they receive approval from the Indiana Department of Natural Resources, Division of Water, prior to the Board's approval. After a public hearing, the decision of the Board of Zoning Appeals shall determine whether or not the proposed site may be use for the purposes intended.
(m) In any I-1 or I-2 Zone. In addition to all the other limitations and provisions pertained in this chapter, Adult Arcade Adult Bookstore, Adult Novelty Store or Adult Video Store, Adult Cabaret or Juice Bar, Adult Motion Picture Theater, Adult Theater, Nude Model Studio, Sexual Encounter Center, Peep Show Facility shall be as follows:
1. Not located within 1,000 feet of any property zoned for any residential use.
2. Not located within 500 feet of any property permitted for use as a religious institution, public or private school containing any grade of kindergarten through grade 12.
3. Not located within 500 feet of any city park.
(B) The applicant shall have certified all distance measurements by a land surveyor registered by the State of Indiana who shall certify that there are no residential properties, public or private schools with a grade kindergarten through twelfth grade, or any city park within the distances stated above.
(C) In addition to all other procedures listed above, the petitioner for a special use under this section shall send notices as called for in this chapter to not only the abutting property owners, but the petitioners shall send notices by certified mail, return receipt requested to all property owners with property within 1,000 feet of the property requested for a special use under this section. A list of all property owners shall be given to the Plan Commission at the time of filing the application. Should the petitioner fail to comply with the notice requirements herein, before the second regular meeting of the Board of Zoning Appeals following the date the petition is filed, the petition shall be withdrawn by the Board of Zoning Appeals.
(D) The distances provided under this section shall be measured by following a straight line, without regard to intervening buildings, structures, or other obstacles, from the nearest point of the property upon which the proposed use is to be located, to the nearest point of the property or land use district boundary line from which the proposed land use is to be separated.
(Ord. 466, § 2-4-3, passed 5-11-98) Penalty, see § 152.999
(A) Mobile homes may be permitted by right in any R-3 Mobile Home Park zone, as set forth in § 152.048.
(B) Temporary placement of mobile homes may be permitted for limited purposes by special exception in any zone as set forth in § 152.028(B).
(C) Mobile homes may be permitted as a temporary residence or a temporary accessory use as set forth in § 152.028(C).
(D) Mobile homes shall not be permitted in any R-1 Single-Family zone, R-2 Multiple-Family zone, C-1 Neighborhood Commercial zone, C-2 Rural Commercial zone, C-3 General Commercial zone, I-I Light Industrial/Heavy Commercial zone or I-2 Heavy Industrial Zone except as permitted in § 152.028(B). This includes the attempted conversion of a mobile home into a manufactured home (as defined) by removing wheels, axles, hitch and placing onto a permanent foundation.
(E) No conventional “stick-built” additions shall be permitted to mobile homes. Only factory built additions shall be permitted.
(Ord. 466, § 2-4-4, passed 5-11-98) Penalty, see § 152.999
Junkyards, including automobile salvage yards, are permitted in an I-2 zone as forth in § 152.077. These regulations are not intended to limit or restrict the hobbyists or sports car enthusiast. However, if a hobby use is claimed, the vehicles to be restored shall be specifically identified to the Zoning Administrator and all restoration processes, vehicles and parts thereof shall be kept wholly within a building.
(Ord. 466, § 2-4-5, passed 5-11-98) Penalty, see § 152.999
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