§ 152.26  BUSINESS DISTRICTS.
   (A)   Business uses defined.  The business uses defined below are permitted in the districts indicated in Appendix B following this chapter, when complying with the requirements specified in Appendices B through D, subject to the provisions of division (B) of this section.
      (1)   "LOCAL BUSINESS USE."  One which is primarily of a retail or service nature and is classified in the following categories:
         (a)   Automobile service, including but not limited to the following:
            1.    Filling station.
            2.   Public garage.
            3.   Public parking area.
            4.   Automobile sales room.
            5.   Auto wash facilities.
         (b)   Business service, including but not limited to the following:
            1.   Bank.
            2.   Business and professional office.
            3.   Postal station.
            4.   Telegraph office.
            5.   Trade or business school.
         (c)   Clothing service, including but not limited to the following:
            1.     Laundry agency.
            2.   Self-service laundry.
            3.   Dry cleaning establishment, using cleaning fluid which is non-explosive and non-inflammable, and using not more than two clothes-cleaning units of not more than 40 pounds capacity.
            4.   Dress making.
            5.   Millinery.
            6.   Tailor and pressing shop.
            7.   Shoe repair shop.
         (d)   Equipment service, including but not limited to the following:
            1.     Radio-television shop.
            2.   Electric appliance shop.
            3.   Record shop.
         (e)   Food service, including but not limited to the following:
            1.     Grocery.
            2.   Meat market.
            3.   Supermarket.
            4.   Restaurant, where alcoholic beverages are not sold by the drink.
            5.   Delicatessen.
            6.   Cold storage lockers, for individual use.
            7.   Bakery.
            8.   Roadside sales stand.
         (f)   Personal service, including but not limited to the following:
            1.     Barber shop.
            2.   Beauty shop.
            3.   Reducing salon.
            4.   Photographic studio.
         (g)   Retail service, retail stores generally, including but not limited to the following:
            1.     Department store.
            2.   Drug store.
            3.   Hardware.
            4.   Stationer.
            5.   Newsdealer.
            6.   Show room, for articles to be sold at retail.
            7.   Variety store.
            8.   Apparel shop.
            9.   Flower shop, including greenhouse not exceeding l,000 square feet in area.
         (h)   Business recreational uses, when conducted only within buildings so constructed that no noise of any kind produced therein shall be audible beyond the confines of the building, including but not limited to the following:
            1.     Indoor theater.
            2.   Bowling alley.
            3.   Billiard room.
            4.   Dancing academy.
         (i)   Accessory building or use, customarily incidental to the above uses.  Any building used primarily for accessory purposes may not have more than 40% of its floor area devoted to storage purposes incidental to the primary use, and provided that no more than five persons are employed at one time or on any one shift in connection with such incidental use.
         (j)   Advertising sign or billboard.
      (2)   "GENERAL BUSINESS USE."  Including accessory buildings and uses, includes the uses, specifically stated or implied, as follows:
         (a)   Local business uses.
         (b)   Automobile or trailer sales area.
         (c)   Automobile and truck repair.
         (d)   Hotel.
         (e)   Motor bus or railroad passenger station.
         (f)   Newspaper publishing.
         (g)   Radio and television studios.
         (h)   Storage warehouse.
         (i)   Veterinary hospital for small animals and kennel.
         (j)   Wholesale establishment.
         (k)   Any business use not specifically stated or implied elsewhere in this chapter complying with the above definition.
      (3)   "ROADSIDE BUSINESS" or "SERVICE CENTER."  Includes the uses and their accessory buildings and uses specifically stated or implied as follows:
         (a)   Business recreational uses as listed in division (A)(l)(h) above.
         (b)   Filling station.
         (c)   Motel.
         (d)   Restaurant.
   (B)   Other provisions and requirements for business uses.
      (1)   Plans for the erection or structural alteration of a drive-in food service, filling station, public parking area, and auto wash facility shall be approved by the Plan Commission.  The Commission may require such changes therein with respect to yards, location of driveways, pumps, and buildings as it may deem best suited to insure safety, minimize traffic hazards, and safeguard adjacent properties.
      (2)   Parking spaces shall be provided on the lot, or within 300 feet thereof, on a site approved by the Board, as indicated in Appendix C following this chapter.
      (3)   Parking space requirements shall not apply in a block where 50% or more of the area was occupied by business or industrial structure at the time of passage of this chapter.
      (4)   Groups of uses requiring parking space may join in establishing a group public parking area, together with parking spaces for employees, with capacity aggregating that required for each participating use.
      (5)   Filling station driveways and similar use areas subject to vehicular traffic shall be paved with a dustproof or hard surface.
      (6)   One-half of an alley abutting the rear of a lot may be included in the rear yard, but the alley space shall not be included for loading and unloading berths.
      (7)   Loading and unloading berths shall not be required for business uses which demonstrably do not receive or transmit goods or wares in quantity by truck delivery.
      (8)   Where 25% or more of the lots in a block are occupied by buildings, the setback of such buildings shall determine the dimension of the front yard in the block.
      (9)   Parking space is permitted in the required front yard in a Cl, C2, or I District.
      (10)   The maximum building height requirement in Appendix B following this chapter may be increased if buildings are set back from front and rear property lines, one foot for each two feet of additional height above the maximum building height requirement.
      (11)   Chimneys, cooling towers, elevator bulkheads, fire towers, penthouses, stacks, tanks, water towers, transmission towers, or essential mechanical appurtenances may be erected to any height not prohibited by other laws or ordinances.
      (12)   No business operation or activity shall discharge, or cause to be discharged, liquid or solid wastes into public waters unless in conformance with the provisions of IC 13-1-3-1 et seq., and the regulations promulgated thereunder.  Plans and specifications for proposed sewage and other waste treatment and disposal facilities shall be submitted to and approval obtained from the State Water Pollution Control Board.
(Ord. 2281, passed 4-2-79)  Penalty, see § 152.99