§ 154.240 B-1 NEIGHBORHOOD BUSINESS ZONE.

   The following regulations and the regulations contained in §§ 154.001 through 154.139 shall apply in the B-1 Neighborhood Business Zone.

   (A)   Permitted uses. The following uses are permitted, provided they are conducted wholly within a building and, except for off-street loading or delivery vehicles which are incidental thereto as required in §§ 154.090 through 154.102.

      (1)   Bakery;

      (2)   Art or antique shop;

      (3)   Bank;

      (4)   Barber shop or beauty parlor;

      (5)   Book or stationery store;

      (6)   Cleaning establishments using not more than two clothes cleaning units, neither of which shall have a rated capacity of more than 40 pounds using cleaning fluid which is non-explosive and non-flammable;

      (7)   Department store, furniture store, or radio store;

      (8)   Confectionery store;

      (9)   Custom dressmaking or millinery shop;

      (10)   Drug store;

      (11)   Medical or dental clinic or laboratory;

      (12)   Florist or gift shop;

      (13)   Grocery store, fruit or vegetable store;

      (14)   Hardware store or electric appliance store;

      (15)   Jewelry store;

      (16)   Meat market or delicatessen;

      (17)   Music store or newsstand;

      (18)   Office, business or professional;

      (19)   Photographer;

      (20)   Repair of appliances and small equipment, provided that any incidental repair shall be conducted and confined wholly within a building, where the mechanical power employed in the operation of any machine or tool does not exceed three horsepower, and where the total mechanical power provided or employed does not exceed 12 horsepower;

      (21)   Restaurant, tea room, or café, excluding dancing or entertainment;

      (22)   Shoe store or shoe repair shop;

      (23)   Tailor store, clothing or wearing apparel store;

      (24)   Theatre;

      (25)   Variety store;

      (26)   Sign painting or tire shop, provided all activities are conducted wholly within a building;

      (27)   Other retail business and service establishments not specifically referred to in this chapter, selling new merchandise exclusively;

      (28)   All products shall be sold at retail on the premises and not more than four persons shall be engaged exclusively in the process of production of materials sold at retail; and

      (29)   Roof-mounted solar energy systems.

         (a)   Advertising signs. In accordance with § 154.038.

         (b)   Incidental uses. Uses customarily incidental to any of the above uses and accessory buildings, when located on the same lot.

         (c)   Public parking area. For the exclusive use of the patrons of the stores, shops, or businesses in the immediate business zone when located and developed as required in §§ 154.090 through 154.102.

   (B)   Uses by special exception.

      (1)   Automobile service station. In accordance with Chapter II of Rules and Regulations of the State Fire Marshal Regulating the Use, Handling, Storage, and Sale of Flammable Liquids in the State of Indiana, provided that any tire or tube repairing, battery charging, and storing of merchandise or supplies are conducted wholly within a building. Plans for the erection or structural alteration of an automobile service station shall be approved by the Board. The Board may require such change therein in relation to yards, location of pumps and buildings, and construction of buildings, as it may deem best suited to insure safety, to minimize traffic difficulties, and to safeguard adjacent properties. The service station use area shall be developed as required in §§ 154.090 through 154.102.

      (2)   Apartments for residential use above the ground floor of the building, or within the same building.

      (3)   Ground-mounted solar energy systems.

   (C)   Height.

      (1)   Maximum height. Three stories.

      (2)   Exceptions. Exceptions to height regulations are provided for in §§ 154.050 through 154.053.

      (3)   Site development plans to be approved by Commission with final approval by B.Z.A. Site development plans shall be approved by the Commission with final approval by the B.Z.A. In the exercise of its approval, the Commission may impose conditions and development standards in relation to building and parking location, driveway approaches, screening, buffers, lighting, signs, or any other conditions as it may deem essential to safeguard adjacent land uses.

   (D)   Setbacks and yards.

      (1)   Minimum setback. In accordance with § 154.069.

      (2)   Side yards. Where the side of a lot in the B-1 Zone abuts upon the side of a lot in an R Zone, there shall be a side yard of not less than four feet for each story of height, but the side yard shall not be less than six feet in width. In all other cases, a side yard for a business building shall not be required, but if provided, it shall not be less than four feet in depth.

      (3)   Rear yard. Where the B-1 Zone abuts an R Zone, there shall be a rear yard of not less than 20% of the depth of the lot, but such rear yard need not exceed 20 feet. In all other cases, no rear yard shall be required, but if provided, shall not be less than four feet in depth.

      (4)   Exceptions. Exceptions to yard regulations are provided for in §§ 154.069 and 154.072 through 154.076.

(Prior Code, § 154.240) (Ord. passed 4-15-1957; Ord. 1244, passed 10-8-1985; Ord. 1500, passed 12-8-1992; Ord. 2472, passed 4-12-2016) Penalty, see § 154.999