a. Permitted Uses. The following uses shall be permitted in the SUD - West U.S. 30 Corridor classification:
1. Permitted Open Space Uses. Open space areas may be used solely for parks, village greens, squares and natural areas. No enclosed structures shall be built in an open space area until and unless approval is given by the Dyer Plan Commission, at which time the owners of open space areas may elect to erect such structures so long as the structure is intended to further promote the use of the open space areas consistent with the intent of this section. Other uses may be permitted which, upon application to the Dyer Plan Commission, are deemed to be in accordance with the intent of the SUD - West U.S. 30 Corridor.
2. Permitted Civic Uses. Civic uses areas are areas or structures which are owned and or operated by a local, state or federal government entity and may be used for one (1) or more of the following:
(a) Community center or local government building.
(b) Library.
(c) Post office.
(d) Municipal services.
(e) Other uses which, upon application to the Dyer Plan Commission, are deemed to be in accordance with the intent of the SUD - West U.S. 30 Corridor.
3. Permitted Type I Uses. [Neighborhood District (ND] Type I areas may be used for one (1) or more of the following:
(a) Residential dwelling units, including single family and two family dwelling units and having a minimum six hundred (600) square foot per unit.
(b) Retail sales and services, including card and stationary, craft, frames, music, record, party supply, boutique, jewelry and flower.
(c) Offices.
(d) Specialty food service seating less than one hundred (100) patrons.
(e) Artist studios.
(f) Lodging, of more than six (6) guest rooms or twelve (12) guests and limited to two (2) stories in height including ground floor.
(g) Medical clinics, and health care facilities.
(h) Automobile parking lots.
(i) Public transit facilities.
(j) Any use permitted in civic use and open space use.
(k) Other uses which, upon application to the Dyer Plan Commission, are determined to be in accordance with the intent of the SUD - West U.S. 30 Corridor.
4. Permitted Type II Uses. [Central Business District (CBD)] Type II Areas may be used for one (1) or more of the following:
(a) Residential dwelling units, including single family and two family dwelling units and having a minimum six hundred (600) square foot per unit, to other than street level.
(b) Retail sales and services, including card and stationary, craft, frames, music, record, party supply, boutique, jewelry, flower and video stores which must comply with parking requirements.
(c) Offices.
(d) Restaurants, specialty food service and private food service.
(e) Day-care center.
(f) Artist studios.
(g) Lodging.
(h) Medical clinics, and health care facilities.
(i) Public transit facilities.
(j) Laundry or dry cleaning.
(k) Automobile parking lots.
(l) Any use permitted in civic use and open space use.
(m) Other uses not listed herein which, upon application to the Dyer Plan Commission, are determined to be in accordance with the intent of the SUD - West U.S. 30 Corridor.
(n) Furniture repair, refinishing and stripping.
b. Special Exceptions. The following uses may be permitted by Special Exception in the SUD - West U.S. Corridor classification. The following uses may be permitted in Type II only as Special Exceptions, in the SUD - West U.S. Corridor classification:
(1) Tavern/pub.
(2) Bank or other financial institution.
(3) Social club and health club.
(4) Grocery store.
(5) Churches.
(6) Centers for the advancement and presentation of historical and cultural materials and events.
(7) Technology development or services.
(8) Schools which comply with parking requirements on site.
(9) Workshops.
(10) Other uses similar in all significant respects to a permitted use.
(11) Drive-through facilities.
c. Prohibited Uses. The following uses shall not be permitted in the SUD - West U.S. 30 Corridor classification:
(1) Industrial uses.
(2) (Reserved).
(3) The sale of explosives in any amount.
(4) Automobile service station.
(5) The sale or dispensing of fuels used for vehicular use.
(6) Tattoo and sexually oriented businesses.
(7) Motorized vehicle repair services, other than as an auxiliary use.
(8) Convention centers.
(9) Banquet facilities.
(10) Automotive or vehicular sales or related uses.
(11) Residential, other than as specified above.
(12) Chemical manufacturing, storage or distribution, as a primary use.
(13) Any commercial use which is primarily directed to patrons who are encouraged by the site layout, or buildings, to remain in their automobile while receiving goods or services.
(14) Enameling, plating or painting except artist studios as a primary use.
(15) Foundries, carting, express, moving or hauling terminal or yard.
(16) Prisons, detention centers, or "half-way houses" associated with prisons or penitentiaries.
(17) The manufacture, treatment or disposal of hazardous waste materials.
(18) The manufacture, treatment or disposal of radioactive waste.
(19) Agricultural uses, other than home gardens.
(20) Scrap yards.
(21) Mobile homes.
(22) Commercial sand, gravel or other mineral extraction.
(23) Outdoor commercial, except by vendor permit and restricted to the sale of produce, food or prepared food.
(24) Outdoor storage.
(25) Kennels.
(26) Any use which produces any of the adverse impacts defined as prohibited under the definition of Light Industry.
(27) Gasoline stations.
(28) The sale of the following:
A. Consumer fireworks and explosive compositions except for:
1. Dipped sticks or wire sparklers. However, total pyrotechnic composition may not exceed one hundred (100) grams per item. Devices containing chlorate or perchlorate salts may not exceed five (5) grams in total composition per item;
2. Cylindrical fountains;
3. Cone fountains;
4. Illuminating torches;
5. Wheels;
6. Ground spinners;
7. Flitter sparklers;
8. Snakes or glow worms;
9. Smoke devices;
10. Trick noisemakers, which include:
a. Party poppers;
b. Booby traps;
c. Snappers;
d. Trick matches;
e. Cigarette loads
f. Auto burglar alarms;
B. Firecrackers or salutes;
C. Fireworks except for items listed in A(1) through A(10) above and model rockets, toy cap pistols, emergency signal flares, matches, fixed ammunition for firearms, ammunition components intended for use in firearms, muzzle loading cannons or small arms, shells, cartridges, and primers for use in firearms, muzzle loading cannons or small arms;
D. M-80's, cherry bombs, silver salutes and any device banned by the Federal Government;
E. Helicopters or aerial spinners;
F. Indoor pyrotechnics, special effects material;
G. Mines or shells;
H. Missile type rockets;
I. Roman candles;
J. Sky rockets.
(Ord. No. 2007-33, 12-27-07; Am. Ord. No. 2009-18, 11-18-09; Am. Ord. No. 2014-01, 1-9-14)