A CONTINGENT USE is one which is likely or liable, but not certain, to occur and which is not inappropriate to the principal uses of the district in which it may be located.
(A) Contingent uses permitted. Contingent uses set forth below, including accessory buildings and uses, shall be permitted in the districts indicated herein when authorized by the Board, subject to the provisions herein, and in this chapter, and provided further that the Board may impose reasonable conditions as a part of its approval:
Type of Use | Districts in Which Use is Permitted* |
Type of Use | Districts in Which Use is Permitted* |
Board or lodging house | R-2, B-1, B-2, B-2A |
Church or temple | All except I-1, FP |
Educational institution (except college or university building) | All except I-1, I-2 and FP |
Farm house or farm dwelling** | All except FP |
Farm seasonal worker housing, tenant | All except FP |
Fraternity, sorority and student co-ops | B-2A |
Lodge or private club, which is of a noncommercial character | B-1, B-2, B-2A, I-1, I-2 |
Municipal, county or governmental building | All |
Plant nurseries, truck gardens | A-1, B-1, B-2, B-2A, FP |
Public utility installation terminal facility | I-1, I-2 |
Tourist home | R-2, B-1, B-2, B-2A |
** Note: Farm house or farm dwelling is a permitted use in the A-1 Agricultural District and does not require Board approval in that District. | |
(B) Other requirements for contingent uses.
(1) The front yard setback and side and rear yard requirements for contingent uses shall be as follows.
(a) For contingent uses proposed to be located in the A-1, R-1, R-1A, R-1B, R-1C and R-2 Districts, the requirements shall be the same as those for a single-family dwelling.
(b) For contingent uses proposed to be located in the B-1 and B-2 Districts, the requirements shall be the same as those for a multi-family dwelling.
(c) For contingent uses proposed to be located in the B-2 District, the requirements shall be the same as those for a roadside business use in the B-2 District, provided that the special exception procedure shall not apply to a contingent use.
(d) For contingent uses proposed to be located in the I-1 and I-2 District, the requirements shall be the same as those for an enclosed industrial use.
(e) For contingent uses property proposed to be located in the FP District, the Building Inspector shall determine the adequacy of the setback distances.
(2) Height requirements are set forth in § 156.073 of this code.
(3) Off-street parking space requirements are set forth in § 156.078 of this code.
(5) Ground floor area for a farm house or farm dwelling shall be the same as that required for a single-family dwelling.
(6) See § 156.067 of this code for additional front yard requirements.
(7) See § 156.068 of this code for fence requirements and yard exceptions.
(C) Developmental disabilities residential facilities permitted. Developmental disabilities residential facilities are permitted as a contingent use in any district where dwellings are permitted; provided, that the licensing and regulation of such facilities shall be accomplished through the state’s Developmental Disabilities Residential Council in accordance with the requirements of I.C. 16-10-2.1 and I.C. 16-13-1.
(Ord. 8-7-12-3, passed 10-10-1961; Ord. passed 1- -2004)