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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
All sidewalk cafés shall meet the following requirements.
(A) The café may be unenclosed, partially enclosed, or covered, but must be clearly incidental to the operation of a restaurant on the same or adjacent private property.
(B) The café shall not obstruct any entrances to adjoining buildings, any pedestrian traffic, or any access to the café from the sidewalk.
(C) The café must keep at least five feet or 50% of the pavement width, whichever is more, free of obstruction.
(D) All tables, awnings, canopies, partitions, and accessory items shall be removed during the period of the year when the café is not in use.
(E) The café must be approved by the appropriate governing body having jurisdiction and/or ownership of the sidewalk. Liability insurance must be provided to the satisfaction of the governing body.
(F) The café shall meet all applicable health department, Alcoholic Beverage and Building Code regulations.
(G) If the café is within 500 feet of a Residential District, there shall be no outdoor music or entertainment.
(H) The café shall be designed to complement the character of the area, and/or structures and shall be attractively landscaped and/or decorated.
(I) The café and adjacent sidewalk areas shall be kept well maintained and free of debris.
(Prior Code, § 153.085) (Ord. 93-02, passed 2-1-1993) Penalty, see § 155.999
Nothing in this chapter shall prevent the use and alienation of mineral resources by the owner or alienee. However, any such use shall be subject to the following standards.
(A) No production shall be started nor shall any permit be issued until the Board shall have made a written determination with respect to the conditions under which such operation shall be conducted. The Board shall investigate the area to be developed, as well as the surrounding area, in order to determine the conditions to be prescribed so as to protect surrounding property.
(B) In its review, the Board shall determine that the following standards are met, but may, where deemed necessary, make reasonable exceptions.
(1) That the site will be used for mineral extraction activities (as defined). Concrete batching plants and mixing plants for portland cement or asphaltic concrete, and the manufacture of concrete, clay, or cement products are only permitted if zoned industrial. All mineral extraction and related uses are subject to the performance standards prescribed herein, and shall be removed upon completion of active mining at the site upon which they are located.
(2) No production from an open pit shall be permitted which creates a finished slope steeper than two feet to one foot vertical for the excavation of sand and gravel, or which creates a finished slope steeper than one foot horizontal to one foot vertical for the excavation of products other than sand and gravel, except that in locations where the soil or rock content is such that vertical cuts are proven to be safe, a vertical cut thereafter of any depth shall be allowed.
(3) Property to be used for production shall be enclosed by a cyclone fence along the exterior boundaries for the promotion of safety and general welfare of the community.
(4) Where required, suitable plant material shall be placed and maintained to screen cut slopes from public view. There shall be no open storage of discarded machinery, trash, or junk which would present an unsightly appearance.
(5) Access roads to any site shall be limited to two, or, at most, three points, and shall be constructed on a level with the pavement of any public street or highway for a distance of not less than 80 feet therefrom, and the 80 feet of road shall be improved with a dustless, all weather surface. Adequate sight distance shall be maintained for traffic safety in compliance with the standards and requirements of the Highway Department.
(6) Upon the completion of operations, the land shall be left in a safe condition as shown on the Plan of Rehabilitation so that sufficient drainage is provided so as to prevent water pockets or undue erosion, with all grading and drainage such that natural stormwater leaves the entire property at the original, natural drainage points, and that the area drainage to any one such point is not increased.
(7) Vehicles carrying materials from the site shall be loaded in such manner as to prevent spilling rock, gravel, or sand, or other materials of a similar nature, while in transit upon roads and highways.
(8) Mining shall be done so as to keep noise and dust to a minimum. Explosives shall be used only between sun-up and sun-down except in the case of emergency.
(C) All applications for mineral extraction shall be accompanied by a map or plat showing the existing conditions of the area proposed for mining (including existing contours and drainage); a plan of the operational and excavation areas; the time estimate for removal of the materials; and a plan of development showing the rehabilitation and reuse of the entire site following extraction (including proposed contours and drainage).
(D) Mineral extraction must comply with all applicable sections of I.C. 14-35-1-1
, I.C. 14-34, and I.C. 14-35.
(Prior Code, § 153.086) (Ord. 93-02, passed 2-1-1993) Penalty, see § 155.999
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