§ 154.32 CONDITIONALLY PERMITTED USES.

   (A)   Purpose. To insure that these uses, as designated by this chapter, in their proposed locations will be compatible with surrounding development.

   (B)   Required review. Conditionally permitted uses shall be reviewed and determined by the Board of Zoning Appeals subsequent to the Plan Commission reviewing and forwarding its findings and recommendations to the Board. In order to promote and effectuate the purpose of this chapter, additional restrictions and/or conditions may be deemed necessary and be imposed by the Board as part of any approval it grants.

      (1)   In considering an application for any conditionally permitted use, the Plan Commission and Board of Zoning Appeals shall give due regard to the following factors as they apply to a particular situation:

         (a)   The nature, location, size and site layout of the use so that it shall be harmonious with the area and district in which it is proposed;

         (b)   The nature and integrity of the operations involved in, or connected with, the use;

         (b)   The nature and integrity of the operations involved in, or connected with, the use;

         (c)   The site layout of the use, including parking location, design, screening, and number of off-street spaces; and

         (d)   The relationship of the use to the streets providing access to it, so that vehicular traffic to and from the use will not create undue hazards to the normal traffic of the vicinity. The following traffic issues, at a minimum, shall be considered:

            1.   Vehicular turning movements in relation to routes of traffic flow;

            2.   Relation to street intersections;

            3.   Sight distances; and

            4.   Pedestrian traffic.

      (2)   No conditionally permitted uses shall exceed the maximum allowable height for the district in which it is proposed, unless:

         (a)   An existing structure already exceeding the height limit is being utilized, or

         (b)   Sufficient cause is shown and determined to be necessary by the Board of Zoning Appeals. In such instances, the height can be increased by only one story.

      (3)   All conditionally permitted uses shall, at the least, meet the minimum setback (yard) requirements for the district in which it is proposed. Wherever possible, increased setbacks shall be provided with appropriate landscaping (refer to § 154.39).

   (C)   All conditionally permitted uses which existed upon the effective date of this chapter and which are located in a district which permits such use in accordance with this section shall be regarded as conforming uses. Expansion or extension to such uses shall be subject to all provisions of this section.

   (D)   All conditionally permitted uses hereafter authorized by the Board of Zoning Appeals to be in accordance with this section shall be regarded as conforming uses and may be continued, except that

major changes in layout, expansion or extension to such use shall be subject to review and approval procedures as set forth elsewhere in this section.

   (E)   Uses not permitted. Any uses not permitted by right in accordance with the regulations of the various districts established by this chapter and any uses other than those designated as conditionally permitted uses by this section shall not be permitted. Any request for uses other than those permitted in this section shall first be considered by the Plan Commission for a determination as to whether or not they should be designated as conditionally permitted uses, pursuant to the definition and purpose of conditionally permitted uses.

   (F)   Applications. Applications for conditionally permitted uses shall include all items as required by § 154.29, Site Plan Review.

   (G)   Notification requirements.

      (1)   Written notice, by certified mail, shall be sent to all property owners within 200 feet of the subject parcel(s) no less than ten days prior to the meeting date of the Plan Commission wherein the application will be reviewed. If the matter is continued to additional meetings, written notice may be sent to the same property owners at the discretion of the Plan Commission. Such notice shall state the date, time, place, and purpose of the meeting.

      (2)   No legal notice is required for the Plan Commission meeting.

      (3)   Written notice for the Board’s public hearing shall follow the same procedures as in division (G)(1) above.

      (4)   Legal notice for the hearing shall be given by one publication in a newspaper of general circulation in the city at least ten days before the date of such hearing and state the same information as that required in the written notice and shall otherwise comply with I.C. 5-3-1.

SCHEDULE OF CONDITIONALLY PERMITTED USES
Conditional	A	R-1	LR-1	LR-2	B	LB	MS	E	GM	B/ GM	PR
1. Churches and other places of worship, etc.	CP	CP	CP	CP	CP	CP	CP	CP	NP	NP	CP
2. Schools, public/private, etc.	CP	CP	CP	CP	CP	CP	CP	—	NP	NP	NP
3. Day care within churches/ schools	NP	CP	CP	CP	CP	CP	CP	CP	NP	NP	NP
4. Day care not within churches/ schools	CP	NP	NP	CP	CP	CP	CP	CP	NP	NP	NP
5. Libraries, museums, etc.	CP	CP	CP	CP	CP	CP	CP	CP	NP	NP	NP
6. Hospitals, clinics, etc.	CP	NP	NP	NP	CP	CP	—	CP	NP	NP	NP
7. Golf courses	CP	CP	NP	NP	NP	NP	NP	NP	NP	NP	CP
8. Private clubs, lodges, etc.	CP	CP	CP	CP	CP	CP	NP	NP	NP	NP	NP
9. Cemeteries	CP	NP	NP	NP	NP	NP	NP	NP	NP	NP	NP
10. Public utility buildings	CP	CP	CP	CP	CP	CP	CP	CP	CP	CP	NP
11. Bed and breakfast inns	NP	NP	NP	CP	CP	CP	NP	CP	NP	NP	NP
12. Public offices, buildings, etc.	CP	CP	CP	CP	CP	CP	CP	NP	NP	NP	NP
13. Mobile Home Parks *	CP	CP	NP	NP	NP	NP	NP	NP	NP	NP	NP
14. Wireless communication towers and facilities	CP	NP	NP	NP	CP	CP	CP	NP	CP	CP	CP

*   Refer to § 154.33 for specific regulations.

   Key:       CP = Conditionally Permitted
         NP = Not Permitted

(Ord. 99-14, passed 12-20-99; Am. Ord. 16-2003, passed 11-17-03) Penalty, see § 154.19