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(A) In the development and adoption of those regulations, it is recognized that there are some adult business uses, which, due to their very nature, have serious objectionable operational characteristics, particularly when located in close proximity to residential neighborhoods, thereby having a deleterious impact upon property values and the quality of life in such surrounding areas.
(1) It has been acknowledged by communities across the nation that state and local governmental entities have a special concern in regulating the operation of such businesses under their jurisdiction to ensure that these adverse secondary effects will not contribute to the blighting or downgrading of adjacent neighborhoods, nor endanger the well-being of the youth in their communities.
(2) The special regulations deemed necessary to control the undesirable externalities arising from these enterprises are set forth below, and, as such, serve a substantial government interest. The primary purpose of these controls and regulations is to preserve the integrity and character of residential neighborhoods, to deter the spread of urban blight and to protect minors from the objectionable operational characteristics of these adult uses by restricting their close proximity to churches, parks, county courthouse, libraries, schools (both public and parochial), and residential areas, while, at the same time, allow for reasonable alternative avenues of communication.
(B) This section is based upon findings of a study entitled “Adult Entertainment Businesses in Indianapolis, An Analysis, 1984,” which documents the blighting influences of adult businesses on surrounding neighborhoods. The findings of this study are valid for Logansport and Cass County because of the close proximity of Indianapolis, and because of general social-economic similarities of the communities. A copy of this study is on file with the Zoning Administrator. All adult businesses shall comply with the following provisions:
(1) The establishment of any adult business shall be prohibited if such business is within 500 feet of any other such adult businesses, or within 500 feet of the property line of any church, public or parochial school, library, public park, or county courthouse, or the boundary line of any Residential Zoning District or Agricultural Zoning District;
(2) The distance between one adult business and another adult business shall be measured in a straight line, without regard to intervening structures or objects, from the closest property line of each such business;
(3) The distance between an adult business and any church, public or parochial school, library, public park, county courthouse, Residential Zoning District or Agricultural Zoning District shall be measured in a straight line, without regard to intervening structures or objects from the closest property line of the adult business to the nearest property line of the church, public or parochial school, library, public park or county courthouse, or the nearest boundary line of the Residential Zoning District or Agricultural Zoning District;
(4) If any adult business is part of, or included within, a shopping center, only the portion of said center or leased space occupied by such adult business shall be included in determining the closest property line of the adult business;
(5) No adult business shall be conducted in any manner that permits the observation of any material depicting, describing or relating to matters or performances as defined by I.C. 35-49-2
, as amended, by display, decorations, sign, show window, or other opening from any public right-of-way; and
(6) All adult businesses shall comply with I.C. 35-49-2
.
(Prior Code, § 153.078) (Ord. 93-02, passed 2-1-1993)
All junk yards and scrap metal yards must meet the following requirements and all other conditions deemed necessary by the Board.
(A) The minimum lot area shall be ten acres.
(B) All operations shall be conducted entirely within an enclosed building or opaque fence not less than eight feet in height which bears no advertising and does not violate this chapter. Such building or fence shall be constructed on, or inside, the front, side, and rear yard setback lines required within the district in which located, and shall be constructed in such a manner that no outdoor storage or salvage operations shall be visible from an adjacent property or highway. Storage, either temporary or permanent, between such fence and any property line is expressly prohibited. All applicable standards of I.C. 25-37.5-1-1 et seq.
shall also be met.
(C) All salvage processing shall be entirely within an enclosed building and no processing shall be permitted closer than 300 feet from a Rural Residential or Suburban Residential District line or a residential use in the Agricultural District.
(Prior Code, § 153.079) (Ord. 93-02, passed 2-1-1993) Penalty, see § 155.999
All automobile service stations and commercial garages established after the effective date of this chapter shall meet the following standards.
(A) The minimum lot size shall be 15,000 square feet and in addition:
(1) Gasoline service stations shall have 500 square feet of lot area for each additional pump over four and 1,000 square feet of lot area for each additional service bay over two; and
(2) Commercial garages shall have 1,000 square feet of lot area for each additional service bay over two. There shall also be 300 square feet of additional land area for each space intended for storage of disabled vehicles.
(B) The minimum lot width shall be 150 feet.
(C) All activities, except those to be performed at the fuel pumps, shall be performed within a completely enclosed structure.
(D) Fuel pumps shall be at least 15 feet from any street right-of-way and any canopies shall meet the standards hereof.
(E) There shall be no outdoor storage of merchandise, such as tires or lubricants, and there shall be no outdoor storage of discarded auto parts.
(F) Vehicles shall not be stored outside while awaiting repairs for more than seven days. No vehicles may be parked or stored on any public right-of-way.
(G) Disabled vehicles may not be stored in the open at any time.
(H) Parking areas, bufferyards, and signs shall meet applicable sections of this chapter.
(Prior Code, § 153.080) (Ord. 93-02, passed 2-1-1993) Penalty, see § 155.999
Simple and major home occupations may be permitted where allowed subject to the provisions of this section.
(A) Simple home occupations may be approved by the Zoning Administrator when it is determined the following standards are met.
(1) The home occupation is considered customary and traditional, and incidental and subordinate to the residential use of the premises, and not construed as a business.
(2) The home occupation shall be carried on by a resident of the premises with no more than one employee not a resident on the premises.
(3) There shall be no more than one separate home occupation per premises.
(4) The home occupation shall not be conducted in any accessory building and shall not occupy more than 25% of the floor area of the principal dwelling unit except in the Agricultural District where an accessory structure may be used provided that the home occupation not exceed 50% of the gross floor area of the principal residential structure and that the accessory structure, if new, comply with principal structure setbacks. In no case shall both the principal structure and an accessory structure be used for the home occupation.
(5) There shall be no exterior indication of the home occupation or variation from the residential character of the premises.
(6) There shall be no direct sales or displays of articles other than those items produced or repaired on the premises of the home occupation.
(7) There shall be no outdoor storage of materials or goods produced and no display of goods visible from any adjoining property line or road.
(8) The home occupation shall not increase vehicular traffic flow and parking by any more than one additional vehicle at a time other than that of the one permitted employee.
(9) Delivery of materials to, or from, the premises by commercial vehicles shall not exceed once per week and for a period any longer than one hour.
(10) There shall be no use that shall create noise, vibration, smoke, dust, electrical interference, smell, heat, glare, fire hazard, or any other hazard or nuisance to a greater, or more frequent, extent beyond what normally occurs from a residence.
(11) No more than one sign shall be allowed. The sign shall be attached flat to the house and shall be no greater than two square feet in size.
(12) A permit for a home occupation is not transferable and a new occupancy permit must be applied for whenever there is a change in the occupation, ownership of the property, or tenants in the dwelling unit.
(B) Major home occupations may be approved by special exception in the Agricultural District or by the Zoning Administrator in the Business or Industrial Districts when it is determined that the following standards are met.
(1) The home occupation is incidental and subordinate to the residential use of the premises.
(2) The home occupation shall be carried on by a resident of the premises with no more than three employees not residing on the premises.
(3) There shall be no more than one separate home occupation per premises.
(4) The home occupation may be conducted in the dwelling unit or in an accessory building. The home occupation shall not exceed 50% of the floor area of the principal building.
(5) There shall be minimal exterior indication of the home occupation or variation from the residential character of the premises.
(6) Any sales or displays of articles produced on or off the premises shall be effectively screened from adjoining properties and road.
(7) No more than five vehicles and/or pieces of equipment shall be operated from the site or stored there overnight and shall meet the requirements of this chapter.
(8) Any outdoor storage of materials, equipment, or goods produced shall be effectively screened from adjoining properties and roads.
(9) The home occupation shall not increase vehicular traffic flow and parking by any more than two additional vehicles at a time, other than those of the permitted employees. Any parking generated by the home occupation shall be off-street and not in any required front yard.
(10) No use shall create noise, vibration, smoke, dust, electrical interference, smell, heat, glare, fire hazard or any other hazard or nuisance to a greater or more frequent extent beyond what normally occurs from a residence.
(11) No more than one sign shall be allowed. Such sign shall be no greater than four square feet in size.
(12) A permit for a home occupation is not transferable, and a new occupancy permit must be applied for whenever there is a change in the occupation, ownership of the property, or tenants in the house.
(Prior Code, § 153.081) (Ord. 93-02, passed 2-1-1993) Penalty, see § 155.999
Bed and breakfast establishments and country inns shall meet the following standards.
(A) A bed and breakfast establishment shall have no more than six guest rooms or lodging units and a country inn shall have no more than 20 guest rooms or lodging units. These rooms or lodging units may be located within the principal structure or in an accessory structure. Accessory uses which are clearly incidental to the guest accommodations may be provided.
(B) The owner and operator of the bed and breakfast establishment or country inn shall live on the property.
(C) At a bed and breakfast establishment food service is to be limited to a continental breakfast. At a country inn, full meal service may be provided for guests and the general public. In addition, a country inn may provide banquet facilities, gift shops, and/or other small retail sales.
(D) No alterations shall be made to the external appearance of any principal or accessory structures or of the property which changes the residential character of the bed and breakfast establishment or country inn.
(E) One non-illuminated sign no greater than four square feet in size shall be permitted.
(F) There shall be one additional off-street parking space provided for each guest room at the bed and breakfast establishment or country inn.
(Prior Code, § 153.082) (Ord. 93-02, passed 2-1-1993) Penalty, see § 155.999
A structure may be converted to allow the incorporation of one dwelling unit in addition to the single-family, or two dwelling units in addition to the commercial use of the building, to extend the economic life of a large, older building. Accessory apartments are subject to the following requirements.
(A) There shall be no visible change in the exterior appearance of the structure containing the accessory apartment, except for additional windows and those changes necessary to meet the regulations of this chapter.
(B) All improvements associated with construction of the accessory apartment shall meet all applicable Building and Health Codes.
(C) Any additional parking as needed or required by this section shall be provided in an off-street space.
(D) Each accessory apartment shall have safe and proper means of entrance and exit.
(E) There shall be a maximum of one accessory apartment which can be created from any single-family dwelling and it shall not exceed 25% of the floor space of the entire building.
(Prior Code, § 153.083) (Ord. 93-02, passed 2-1-1993) Penalty, see § 155.999
Except for accessory apartments, as defined, no structure may be converted to accommodate an increased number of dwelling units, unless:
(A) The single-family appearance of the structure is not altered;
(B) Additional off-street parking shall be available as necessary; and
(C) The conversion is in compliance with all other applicable codes and ordinances.
(Prior Code, § 153.084) (Ord. 93-02, passed 2-1-1993) Penalty, see § 155.999
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