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(A) Regulations not retroactive. The regulations prescribed by this chapter shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter or otherwise interfere with the continuance of nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this chapter and is diligently prosecuted.
(B) Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the airport to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the airport.
(1985 Code, § 36-7-4-600(4.8)) (Am. Ord. 19-2010, passed 10-19-2010)
(A) Future uses.
(1) Except as specifically provided herein, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any surface created unless a permit therefore shall have been applied for and granted. Each application for a permit shall include evidence that a Determination of No hazard to Air Navigation has been issued by the FAA per Federal Aviation Regulation (FAR) Part 77, Objects Affecting Navigable Airspace (and all amendments, revisions, or superseding laws) for the structure or demonstrate that notice to the FAA was not required. Each application shall also include evidence that a permit for the structure has been issued from the Indiana Department of Transportation per I.C. 8-21-10, Regulation of Tall Structures (and all amendments, revisions, or superseding laws) or demonstrate that a permit from the Indiana Department of Transportation was not required. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with § 153.105(D). In the area lying within the limits of the horizontal surface, conical surface and transition surface no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such surfaces.
(2) Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this chapter except as set forth in § 153.102(B)(12)).
(B) Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or free to become a greater hazard to air navigation than it was on the effective date of this chapter or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.
(C) Nonconforming uses abandoned or destroyed. Whenever the Commission determines that a nonconforming tree or structure has been abandoned or more than 80% torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.
(D) Variances. Any person desiring to erect or increase the height of any structure, permit the growth of any tree or use property not in accordance with the regulations prescribed in this chapter may apply to the Board of Zoning Appeals for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal, application or enforcement of the regulations will result in unnecessary hardship and relief granted, will not be contrary to the public interest, in accordance with the spirit of this chapter. Additionally, no application for variance to the requirements of this chapter may be considered by the Board of Zoning Appeals unless a copy of the application has been furnished to the Marion Board of Aviation Commissioners for advice as to the aeronautical effects of the variance. If the Marion Board of Aviation Commissioners does not respond to the application within 21 days after receipt, the Board of Zoning Appeals may act on its own to grant or deny said application.
(E) Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the Board of Zoning Appeals, this condition may be modified to require the owner to permit the airport at its own expense to install, operate, and maintain the necessary markings and lights.
(1985 Code, § 36-7-4-600(4.8)) (Am. Ord. 19-2010, passed 10-19-2010)
It shall be the duty of the Commissioner to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Commission upon a form published for that purpose. Applications required by this chapter to be submitted to the Commission shall be promptly considered and granted or denied. Application for action by the Board of Zoning Appeals shall be forthwith transmitted by the Commission.
(1985 Code, § 36-7-4-600(4.8)) (Am. Ord. 19-2010, passed 10-19-2010)
SPECIAL EXCEPTION USES
The following special exception uses shall meet the following requirements, unless otherwise varied by the Board, in addition to all other requirements of this chapter.
(A) Airport.
(1) Minimum lot area: 80 acres.
(2) Distance to a residential use: 100 feet.
(3) Distance of parking to residential use: 100 feet.
(4) Distance of loading to residential use: 100 feet.
(5) Required fence/wall: 6 feet wire mesh.
(6) Required five year planting screen abutting residential uses: 6’ x 3’.
(7) Permitted entrances to arterial or collector: 2.
(B) Anhydrous ammonia facility.
(1) Minimum lot area: 80 acres.
(2) Front setback: 300 feet.
(3) Side setback: 300 feet.
(4) Rear setback: 300 feet.
(5) Distance to residential use: 300 feet.
(C) Auto carwash.
(1) Side setback: 25 feet.
(2) Rear setback: 25 feet.
(3) Minimum distance to residential district: 50 feet.
(4) Required fence/wall: 6 feet solid wall.
(5) Required five year planning screen abutting residential uses (height x width): 6’ x 3’.
(6) Number of entrances to arterial or collector: 2.
(D) Auto body shop/painting. Minimum distance to residential district: 50 feet.
(E) Cemetery or crematory.
(1) Minimum lot area: 20 acres.
(2) Side setback: 5 feet.
(3) Rear setback: 15 feet.
(4) Required five year planting screen abutting residential uses (height x width): 6’ x 3’.
(5) Number of entrances to arterial or collector: 1.
(F) Commercial facility for raising fowl and animals.
(1) Minimum lot area: 3 acres.
(2) Front setback: 100 feet.
(3) Side setback: 100 feet.
(4) Rear setback: 100 feet.
(5) Minimum distance to residential district: 25 feet.
(6) Distance parking or loading to residential district: 100 feet.
(7) Required five year planting screen abutting residential uses (height x width): 6’ x 3’.
(8) Number of entrances to arterial or collector: 1.
(G) Day care or home care nursery.
(1) Side setback: 20 feet.
(2) Rear setback: 15 feet.
(3) Required fence/wall: 4’ wire fence.
(4) Required five year planting screen abutting residential uses (height x width): 6’ x 3’.
(5) Number of entrances to arterial or collector: 1.
(H) Farm confinement feeding facility.
(1) Required fence/wall: 6’ woven wire.
(2) Required five year planting screen abutting residential uses (height x width): 6’ x 6’.
(3) Number of entrances to arterial or collector: 2.
(I) Junk yard.
(1) Minimum lot area: 10 acres.
(2) Front setback: 300 feet.
(3) Side setback: 300 feet.
(4) Rear setback: 300 feet.
(5) Minimum distance to residential district: 1320 feet.
(6) Distance parking or loading to residential district: 1320 feet.
(7) Minimum distance to any arterial: 300 feet.
(8) Required fence/wall: 8’ solid opaque.
(9) Required five year planting screen abutting residential uses (height x weight): 6’ x 3’.
(10) Number of entrances to arterial or collector: 1.
(J) LP gas dealer.
(1) Front setback: 300 feet.
(2) Side setback: 300 feet.
(3) Rear setback: 300 feet.
(K) Manufacture, storage and use of explosives.
(1) Front setback: 300 feet.
(2) Side setback: 300 feet.
(3) Rear setback: 300 feet.
(4) Minimum distance to residential district: 300 feet.
(5) Number of entrances to arterial or collector: 1.
(L) Material storage, open.
(1) Front setback: 300 feet.
(2) Side setback: 300 feet.
(3) Rear setback: 300 feet.
(4) Minimum distance to residential district: 300 feet.
(M) Mineral extraction and topsoil storage.
(1) Front setback: 150 feet.
(2) Side setback: 150 feet.
(3) Rear setback: 150 feet.
(4) Minimum distance to residential district: 300 feet.
(5) Distance parking or loading to residential district: 300 feet.
(6) Required five year planting screen abutting residential uses (height x weight): 6’ x 3’.
(7) Number of entrances to arterial or collector: 1.
(N) Outdoor commercial recreation enterprise.
(1) Minimum distance to residential district: 25 feet.
(2) Required five year planting screen abutting residential uses (height x width): 8’ x 3’.
(3) Number of entrances to arterial or collector: 2.
(O) Penal or correctional institution.
(1) Minimum lot area: 320 acres.
(2) Front setback: 100 feet.
(3) Side setback: 100 feet.
(4) Rear setback: 100 feet.
(5) Minimum distance to residential district: 300 feet.
(6) Distance parking or loading to residential district: 300 feet.
(7) Number of entrances to arterial or collector: 1.
(P) Petroleum tank farm, commercial.
(1) Front setback: 300 feet.
(2) Side setback: 300 feet.
(3) Rear setback: 300 feet.
(Q) Police or fire station.
(1) Distance parking or loading to residential district: 10 feet.
(2) Required five year planting screen abutting residential uses (height x width): 6’ x 3’.
(R) Public campground.
(1) Minimum lot area: 5 acres.
(2) Front setback: 100 feet.
(3) Side setback: 40 feet.
(4) Rear setback: 40 feet.
(5) Distance parking or loading to residential district: 25 feet.
(6) Required five year planting screen abutting residential uses (height x width): 8’ x 3’.
(7) Number of entrances to arterial or collector: 1.
(S) Public sewage disposal facility.
(1) Front setback: 300 feet.
(2) Side setback: 300 feet.
(3) Rear setback: 300 feet.
(4) Minimum distance to residential district: 300 feet.
(5) Required five year planting screen abutting residential uses (height x width): 6’ x 3’.
(6) Number of entrances to arterial or collector: 1.
(T) Public or private sanitary landfill or transfer station.
(1) Minimum lot area: 10 acres.
(2) Front setback: 300 feet.
(3) Side setback: 300 feet.
(4) Rear setback: 300 feet.
(5) Required fence/wall: 8’ solid painted.
(6) Required five year planting screen abutting residential uses (height x width): 6’ x 3’.
(7) Number of entrances to arterial or collector: 1.
(8) Special approvals:
(a) No landfill to operate in the city without prior approval by ordinance;
(b) Each landfill or transfer station shall have written approval of the solid waste district in which the city participates.
(U) Racetrack.
(1) Side setback: 40 feet.
(2) Rear setback: 40 feet.
(3) Required five year planting screen abutting residential uses (height x width): 8’ x 6’.
(4) Number of entrances to arterial or collector: 1.
(V) Riding stables.
(1) Minimum lot area: 5 acres.
(2) Front setback: 100 feet.
(3) Side setback: 100 feet.
(4) Rear setback: 100 feet.
(5) Required 5 year planting screen abutting residential uses (height x width): 6’ x 3’.
(6) Number of entrances to arterial or collector: 1.
(W) Sales barn for livestock resale.
(1) Front setback: 300 feet.
(2) Side setback: 300 feet.
(3) Rear setback: 300 feet.
(4) Minimum distance to residential district: 300 feet.
(5) Distance parking or loading to residential district: 100 feet.
(6) Number of entrances to arterial or collector: 1.
(X) Sales of sexually-explicit materials.
(1) Minimum distance to residential district: 125 feet.
(2) Required fence/wall: 6’ woven wire.
(3) Number of entrances to arterial or collector: 1.
(4) Other requirements:
(a) No closer to another of same use than 2640 feet;
(b) No closer to public park, campground, swimming pool, public recreational lands, church or temple or public or private school, college or university than 1320 feet;
(c) No closer to home or day care, hospital or nursing home than 660 feet.
(Y) Shooting range, outdoor.
(1) Side setback: 40 feet.
(2) Rear setback: 40 feet.
(3) Required five year planting screen abutting residential uses (height x width): 8’ x 6’.
(4) Number of entrances to arterial or collector: 1.
(Z) Slaughterhouse.
(1) Minimum lot area: 6 acres.
(2) Front setback: 300 feet.
(3) Side setback: 300 feet.
(4) Rear setback: 300 feet.
(5) Minimum distance to residential district: 300 feet.
(6) Distance parking or loading to residential district: 300 feet.
(7) Required fence/wall: 6’ solid painted.
(8) Required five year planting screen abutting residential uses (height x width): 6’ x 6’.
(9) Number of entrances to arterial or collector: 1.
(AA) Stadium/coliseum/athletic field.
(1) Minimum lot area: 5 acres.
(2) Side setback: 50 feet.
(3) Rear setback: 50 feet.
(4) Distance parking or loading to residential district: 50 feet.
(5) Required five year planting screen abutting residential uses (height x width): 6’ x 6’.
(6) Number of entrances to arterial or collector: 2.
(BB) Storage of disabled vehicles.
(1) Minimum lot area: 3 acres.
(2) Front setback: 100 feet.
(3) Side setback: 100 feet.
(4) Rear setback: 100 feet.
(5) Minimum distance to residential district: 50 feet.
(CC) Temporary mobile home.
(1) Special requirements:
(a) Limited to relatives or employees of residents of principal dwelling;
(b) Time limit to be specified by the Board;
(c) Two additional off-street parking spaces.
(DD) Travel trailer park.
(1) Minimum lot area: 5 acres.
(2) Front setback: 100 feet.
(3) Side setback: 40 feet.
(4) Rear setback: 40 feet.
(5) Setback from interior street: 50 feet.
(6) Distance parking or loading to residential district: 25 feet.
(7) Required five year planting screen abutting residential uses (height x width): 6’ x 3’.
(8) Number of entrances to arterial or collector: 2.
(EE) Truck service center.
(1) Minimum lot area: 1 acre.
(2) Minimum distance to residential district: 50 feet.
(3) Required fence/wall: 6’ solid painted.
(4) Required five year planting screen abutting residential uses (height x width): 6’ x 3’.
(5) Number of entrances to arterial or collector: 1.
(FF) Veterinarian hospital for small animals.
(1) Minimum distance to residential district: 50 feet.
(2) Required fence/wall: 6’ wire mesh abutting residential use.
(3) Number of entrances to arterial or collector: 1.
(GG) Warehouse, grain.
(1) Minimum lot area: 3 acres.
(2) Front setback: 100 feet.
(3) Side setback: 75 feet.
(4) Rear setback: 75 feet.
(5) Distance parking or loading to residential district: 100 feet.
(6) Required five year planting screen abutting residential uses (height x width): 6’ x 3’.
(7) Number of entrances to arterial or collector: 1.
(HH) Wholesale produce terminal.
(1) Minimum lot area: 15 acres.
(2) Front setback: 100 feet.
(3) Side setback: 75 feet.
(4) Rear setback: 75 feet.
(5) Minimum distance to residential district: 300 feet.
(6) Distance parking or loading to residential district: 100 feet.
(7) Required fence/wall: 6’ wire mesh.
(8) Required five year planting screen abutting residential uses (height x width): 6’ x 3’.
(9) Number of entrances to arterial or collector: 1.
(1985 Code, § 36-7-4-600(5.0)) (Am. Ord. 19-2010, passed 10-19-2010)
(A) (1) The special exceptions listed in the districts as provided in this chapter and their accessory buildings and uses may be permitted by the Board in the districts indicated, in accordance with the procedure set forth in this section.
(2) The special exceptions listed are those customarily located in the community. When an appeal is taken to the Board upon the denial of an application for an improvement location permit for a use not specifically stated or implied elsewhere in these regulations and not listed, the Board shall refer the matter of this proposed use to the Commission for consideration of an amendment to the regulations.
(B) Upon receipt of an application for an improvement location permit for a special exception by the Zoning Administrator, it shall be referred to the Commission for investigation as to the manner in which the proposed location and character of the special exception will affect the Comprehensive Plan. The Commission shall report the results of its study to the Board within. The Board shall then proceed with a hearing on the application in the manner prescribed in the ordinance adopting these regulations. Following the hearing and upon an affirmative finding by the Board that:
(1) The proposed special exception is to be located in a district wherein such use may be permitted; and
(2) The requirements set forth in the district and this section for such special exception will be met; and
(3) The special exception is consistent with the spirit, purpose, and intent of these regulations, will not substantially and permanently injure the appropriate use of neighboring property and will serve the public convenience and welfare, the Board shall order the Zoning Administrator to issue an improvement location permit for the special exception.
(C) Commitments regarding a special exception use may be required or accepted by the Board in the manner provided in § 153.180.
(D) An existing use which is listed herein as a special exception, and which is located in a district in which such special exception may be permitted, is a conforming use. Any expansion of such special exception involving the enlargement of the buildings, structures and land area devoted to such use shall be subject to the procedures described in this section.
(1985 Code, § 36-7-4-600(6.0))
(A) An improvement location permit for a special exception may not be issued until the application has been approved by the Board and the Zoning Administrator has been notified by the Board of the approval.
(B) Special exceptions may be revoked as follows.
(1) If a person to whom an improvement location permit has been issued for a shopping center or a planned development fails to begin construction within 24 months after the permit is issued, fails to complete 30% of the total plan within 36 months after the permit is issued or within 12 months after construction was begun (whichever period expires later), or fails to comply with the approved plan, he may be required upon written request of any interested person to show cause why the permit should not be revoked. However, an order to show cause may not be issued for failure to begin construction on time if in the meantime construction has begun.
(2) If a person to whom an improvement location permit has been issued subject to this chapter fails to comply with the provisions and conditions of the special exception as granted by the Board within 24 months from the date of approval of the special exception, or other period as specified by the Board as a condition of approval of the special exception, he may be required upon written request of any interested person to show cause why the permit should not be revoked. However, an order to show cause may not be issued for failure to comply with such provisions if in the meantime construction has begun. If construction has begun, the Board may direct the Zoning Administrator to proceed with enforcement procedures as outlined in this chapter.
(3) In a proceeding to show cause under subsections (1) or (2), the Board shall hold a public hearing, of which written notification shall be published according to law and sent by registered mail to the holder of the permit. This notice must be published and mailed at least ten days before the date set for the hearing.
(4) At the hearing, evidence may be presented by any person present. If on the evidence the Board finds that the holder of the permit has filed as described in subsection (1), it shall revoke the permit. However, if it considers the failure correctable within six months, it may defer revocation and continue the hearing until a specified day within that period.
(C) Upon application by the holder of any improvement location permit for a shopping center or planned development, the Board may change the plan on which the permit is based. The Board shall handle the application as if it were an original application for an improvement location permit for a special exception. If it approves the application, the Board shall notify the Zoning Administrator who shall issue an amended permit reflecting the approved change.
(1985 Code, § 36-7-4-600(6.1))
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