(A) Regulations. The regulations set forth in this section, or set forth elsewhere in this chapter when referred to in this section, are the district regulations in the “B” (outside the levee) and “LB” (inside the levee) districts. More than one principle structure is permitted in the “B” District.
(B) Schedule of district use regulations.
SCHEDULE OF DISTRICT USE REGULATIONS | ||
District
| Principal Permitted Uses* |
Accessory Buildings and Uses**
|
“B” | 1. Groceries and other food stores 2. Drug stores 3. Barber shops/beauty parlors 4. Art and antique stores 5. Furniture and appliance stores 6. Dry cleaning, self-service laundries and the like 7. Department, dry goods, apparel stores and the like 8. Any retail business, service establishment or office serving primarily the highway traveler including hotels, motels, service stations, gift shops and restaurants with drive through service 9. Sales and service establishments for automobiles, trucks, trailers and farm equipment 10. Business and professional offices including banks, lawyers, accountants and doctor’s offices 11. Restaurants, bars, cocktail lounges, liquor sales, soda fountains and drive through eating places 12. Night clubs, theaters, billiard parlors, bowling alleys and similar establishments 13. Funeral homes 14. Single family residence existing as of July 1, 1997 | 1. Any use customarily incidental to a permitted use |
“LB” | 1. Groceries and other food stores 2. Drug stores 3. Barber shops/beauty parlors 4. Art and antique stores 5. Furniture and appliance stores 6. Dry cleaning, self-service laundries and the like 7. Department, dry goods, apparel stores and the like 8. Restaurants 9. Residential (upper floors only) 10. Funeral home 11. Business and professional offices including banks, lawyers, accountants and doctor’s offices 12. Mobile food vendor | 1. Any use customarily incidental to a permitted use |
** Must conform to the provisions of § 154.33.
(C) Lot, area and height regulations.
(1) Lot.
(a) There is no minimum lot size or width requirement for the “B” and “LB” Districts. Building coverage, in the “B” District, shall not exceed 30% of the lot area, excluding any portion of the lot within public rights-of-way, and provided further that all yard and parking requirements are met.
(b) In the “LB” District, there is no maximum lot coverage. However, all applicable yard and parking requirements must be met, and the size and scale of new buildings must be compatible with existing buildings in the same block.
(2) Area.
(a) Front yard.
1. In the “B” District, there shall be a front yard of no less than 30 feet from the street right-of-way line and applying to both streets for lots with double frontage and corner lots. This minimum requirement applies to buildings only and does not apply to parking.
2. In the “LB” District, the front yard shall be consistent with the existing setbacks in the same block, but shall not be less than the average of the setbacks on either side of the subject parcel.
(b) Side yard.
1. In the “B” District, no side yard is required except on a side adjoining a residence district, in which case the side yard shall be no less than 50 feet and applying to both buildings and parking.
2. In the “LB” District, there is no side yard setback, except when adjoining a residence district, in which case, the provision of § 154.38(D) shall apply.
(c) Rear yard.
1. In the “B” District, the rear yard requirement is the same as that required for the side yard.
2. In the “LB” District, the rear yard requirement is the same as the side yard requirement.
(3) Height.
(a) In the “B” District, no building shall exceed three stories or 45 feet, except as provided in § 154.38.
(b) In the “LB” District, no building shall exceed three stories or 45 feet, and the height of a new building must be compatible with that of existing buildings in the same block and across the street.
(D) Mobile food vendor operations, rules and regulations.
(1) All mobile food vendors shall comply with all applicable rules and regulations pertaining to food establishments set forth by the regulatory authority of the Indiana Department of Health, local county and city agencies and will be held in compliance by this body.
(2) Mobil food vendors shall apply for a city business license after first obtaining an Indiana Department of Health Permit and a Indiana State Vendor's License.
(3) Mobile food vendors must renew their business license every calendar year.
(4) Mobile food vendors must have proof of sales tax and use permits.
(5) Mobile food vendors must post their permit in the window or display the permit prominently on the vehicle.
(6) This permit shall be visible to inspectors. Mobile food vendors must also display all other department permits and/or licenses as requested by the regulatory authority.
(7) Mobile food vendors must provide menu, photo of vending unit, and proposed days of use as part of the business license application.
(8) Mobile food vendors must have a fixed-base central preparation facility or a notarized statement from the owner of a central preparation facility stating the MFV uses the facility as its base of operation. All central preparation facilities must be approved by the Indiana Department of Health.
(9) Mobile food vendors shall not dispense any food or drink or be parked within the right-of-way of any public streets in the city or in any city-owned property without written consent from the city.
(10) Mobile food vendors shall operate any day between the hours of 8:00 a.m. and 8:00 p.m. or at any other times authorized by the city.
(11) Mobile food vendors shall be designated to conduct business in districts zoned Levee Business "LB" and must have written permission from the property owner.
(12) Mobile food vendors may conduct business in parking spaces. Vendors shall use up to two spaces for no longer than four hours during designated operation hours.
(13) If at one location, for than more than 24 hours mobile food vendors must show proof of permission from a business within 150 feet for employees to have use of restrooms or other facilities, as approved by the health authority during hours of operation.
(14) Mobile food vendors must supply, in a prominent location, trash containers sufficient in size to collect all waste generated by customers and staff of the mobile vending operation. All trash and debris generated by customers and staff shall be collected by the mobile vendor and deposited in their trash container and removed from the site by the mobile vendor.
(15) Mobile food vendors shall not use stakes, rods, or any method of support that is required to be drilled, driven, or otherwise "fixed", to or onto asphalt pavement, curbs, sidewalks, or buildings.
(16) Mobile food vendors shall not provide or allow any dining area, including but not limited to tables, chairs, booths, bar stools, benches, and stand-up counters, unless a proposal for such seating arrangement is submitted with the permit application and approved.
(17) Mobile food vendors shall not impede access to the entrance to the driveway of any adjacent building.
(18) Mobile food vendors shall not obstruct site distance for drivers.
(19) Mobile food vendors are prohibited from using PA systems, bells, chimes or music.
(20) Mobile food vendors shall be further instructed by the licensing and the operating rules set forth by the Planning and Zoning of the city.
(21) Mobile food vendors are not required to have restroom facilities, or provide hand washing facilities for the public.
(22) If propane or natural gas is to be used on the mobile food vehicle, proof of insurance (minimum coverage limit $350,000 per occurrence) must be submitted to the city's Safety Coordinator.
(23) The city may limit the overall number of mobile food vendor licenses that it will issue. Also, no more than 10% of the total number of such licenses allowed may be issued to any one person, agency, or organization.
(24) It is prohibited to park a mobile food vehicle within feet of an existing restaurant.
(25) Mobile food vehicles are prohibited from parking within 20 feet from a cross walk; within 20 feet of a stop sign or stop light; and adjacent to a protected bicycle lane.
(26) Mobile food vehicles may park on private property subject to the following conditions:
(a) The vehicle operator has a valid lease with the property owner; and
(b) Locating the vehicle at the site is in compliance with the provisions of the Zoning Code.
(27) No mobile food vehicle and/or push cart shall make or solicit any sales to occupants of vehicles or engage in any activities which impede vehicular traffic.
(28) Any power required for the mobile food vehicle located on a public way shall be self-contained. The mobile food vehicle shall not draw its power from the public rights-of-way, unless authorized and approved by the city. No power or cable equipment shall be extended at grade or overhead across any public street, alley, or sidewalk.
(29) The proposed mobile food vehicle vending activity shall comply with all applicable laws including but not limited to the Americans with Disabilities Act.
(30) Any mobile food vehicle being operated without a valid permit issued by the city shall be deemed a public safety hazard and may be ticketed and impounded.
(31) The City Council shall, in the best interest of the city, maintain the authority to regulate uses of the public rights-of-way, and reduce the size and/or location of a food zone.
(32) Permits are only eligible to applicants that are supporting a city facility, function or event.
(33) If a mobile food vehicle is set up on a street or sidewalk, said MFV shall first obtain a street and sidewalk excavation and obstruction permit and post a bond in the amount of $2,500 to ensure proper restoration if any damage has occurred.
(34) A mobile food vehicle is exempt from obtaining permits if it is set up to support a city authorized community function or event and is covered under the issued Indiana State Assembly and Entertainment Permit.
(35) Signage shall be addressed separately.
(Ord. 99-14, passed 12-20-99; Am. Ord. 16-2003, passed 11-17-03; Am. Ord. 7-2019, passed 5-20-19)
Penalty, see § 154.19