§ 157.054 STANDARDS FOR CONDUCT OF USES IN INDUSTRIAL DISTRICTS.

   (A)   Environmental compliance. All uses shall comply with all federal and state environmental standards and regulations.

   (B)   Development plan. Industrial development in the I-3 district or any industrial building larger than 40,000 sq. ft. in the I-1 or I-2 district is permitted only in accordance with a development plan approved pursuant to § 157.032.

   (C)   Storage. All materials shall be stored within buildings or screened from view.

      (1)   Outdoor storage is permitted provided that the storage area is screened with an opaque fence or landscaping. Opaque fencing shall be composed of wood, masonry, or an equivalent synthetic material. Chain link fences with opaque slats are not permitted. No materials or objects shall be stored outside of the fence, and no materials or objects shall extend above the fence.

      (2)   Outdoor display of and sale of products is permitted, provided that the display and sales area is approved as part of the development plan required under § 157.032.

      (3)   Junkyards shall be screened from view from all streets and all neighboring properties. Screening shall include an opaque fence that is at least six feet and not more than nine feet high. No materials or objects shall be displayed or stored outside of the fence, and no materials or objects shall extend above the fence.

(Ord. 17, 2006, passed 11-27-2006)

§ 157.055 ACCESSORY USES.

   Accessory uses shall be permitted in all zone districts in accordance with the sections of this chapter. In order to further the objectives of the Comprehensive Plan, to promote public safety and general welfare, and to encourage the development and maintenance of attractive residential, commercial, industrial, and open space areas, limitations are placed on the nature, bulk, height, extent, and placement of accessory uses.

   (A)   General requirements. Accessory uses shall meet the following criteria:

      (1)   The use shall be incidental and subordinate to and commonly associated with the operation of the primary use of the lot.

      (2)   An accessory use shall be operated and maintained under the same ownership or control and on the same lot as the primary use. When a platted lot or other lot described by deed as a single parcel is interrupted by a right-of-way, the principal building and accessory building may be on noncontiguous parcels, provided that the parcels would be contiguous if the right-of-way were disregarded. Such parcels may not be sold separately but shall in perpetuity be considered as single lots, unless they are subdivided through the platting process in accordance with the Seymour Subdivision Control Ordinance.

      (3)   Accessory uses shall be clearly subordinate in height, area, bulk, extent and purpose to the primary use served.

      (4)   All accessory uses shall comply with the setback requirements of this chapter, unless the accessory use is listed as exempt.

      (5)   Accessory uses shall not be established prior to the primary use, unless a temporary permit is obtained in accordance with § 157.056.

      (6)   The accessory uses shown on the following tables are permitted as indicated, subject to the additional provisions and limitations contained in this section. This list is not all-inclusive, and uses the staff deems similar or equivalent are to be treated in like manner to those listed. A staff decision under this section may be appealed to the Board of Zoning Appeals.

   (B)   Permitted accessory uses.

       (1)   Residential districts.

   Permitted Accessory Uses Residential Districts

   P = Permitted, C = Conditional use

 

Use	RS, RS-1	R-1	R-2	R-3	R-4
Accessory apartment	C	C		P
Garage, carport	P	P	P	P	P
Clubhouse or community building	P	P	C	P
Convenience store				C	P
Patio, canopy, deck, porch	P	P	P	P	P
Parking space for RV or commercial vehicle	P	P	P	P	P

Use	RS, RS-1	R-1	R-2	R-3	R-4
Cabana, bathhouse, playhouse	P	P	P	P	P
Storage shed	P	P	P	P	P
Greenhouse	P	P		P
Guesthouse	C	C		C
Play equipment, gazebo, doghouse	P	P	P	P	P
Swimming pool, tennis court	P	P	P	P	P
Amateur radio antenna	P	P		P
Stable or riding facility	C
Pet kennel	C
Management office, laundry	C		P	C	P

 

      (2)   Commercial districts.

 

Use	C-1	C-2	C-3	C-4	C-5
Antenna	P	P	P	P	P
Caretaker dwelling		P	P		P
Drive-through window	P	P	P	P	P
Enclosed storage	C	P	P	C	P
Outdoor retail sales		P	P	C	P
Wireless communication	C	C	C	C	C

 

Use	C-1	C-2	C-3	C-4	C-5
Tower
Other use customarily associated with and subordinate to a permitted use	P	P	P	P	P

 

      (3)   Industrial districts.

Use	I-1	I-2	I-3
Antenna	P	P	P
Caretaker dwelling	P	P	P
Child care facility for company employees	P	P	P
Enclosed storage	P	P	P
Outdoor storage	C	P	P
Office	P	P	P
Retail sales of company products	P	P	P
Wireless communication tower	C	C	C
Other use customarily associated with and subordinate to a permitted use	P	P	P

 

   (C)   Accessory use standards. 

      (1)   General.

         (a)   Fences and walls.

            1.   Ornamental fences, walls and structural screens may be permitted in any required side or rear yard or setback distance; in accordance with the accessory structure height requirements of the respective zone district. Ornamental fences, walls and structural screens may be permitted in any required front yard in accordance with the accessory structure height requirements of the respective zone district; provided, that no fence, wall, or structural screen in a front yard toward which a structure is oriented may be allowed to exceed 42 inches in height. The height shall be determined by measurement perpendicular from the nearest ground level.

            2.   Nothing contained in this section shall be deemed to prohibit the erection or maintenance of an open fence in connection with agricultural uses, recreation use or the public safety or a security fence in nonresidential districts.

            3.   The provisions of this section shall not apply to retaining walls.

      (2)   Residential districts.

         (a)   Garages and carports shall be used only for the storage of vehicles and equipment that are clearly incidental and subordinate to the residential use. In these districts, open off-street motor vehicle parking and loading areas are permitted, provided, that not more than one such space shall be provided for a commercial vehicle of more than three-ton manufacturer's rating.

         (b)   Clubhouses or community buildings shall be for use by residents of the neighborhood or subdivision in which they are located and not available to the general public.

         (c)   Convenience stores shall be for use only by residents of the multifamily dwelling development or manufactured home park in which they the store is located. Such stores shall be oriented to the interior of the development and shall not be so located or designed as to draw the attention of non-residents.

         (d)   No more than two recreational vehicles may be stored in the open. In districts allowing residences, recreational vehicles stored in the open must be placed in a side or rear yard.

         (e)   In the R-1 and R-3 districts, greenhouses shall not be larger than 200 square feet in area and shall not be used for commercial purposes.

         (f)   Amateur radio sending and receiving antennae, including masts, shall not exceed 100 feet measured from finished lot grade.

         (g)   Signs shall comply with the requirements of § 157.055.

         (h)   Swimming pools shall comply with all Indiana safety regulations.

         (i)   Apartment management offices and other facilities normally associated with tenants' convenience shall be only for the use of residents of the multifamily complex. There shall be no exterior display, and the facilities shall not be available to the general public.

         (j)   Unless otherwise stated in this chapter, standards for accessory uses allowed only as conditional uses shall be subject to those standards deemed appropriate by the Board of Zoning Appeals.

      (3)   Commercial districts.

         (a)   Antennas associated with the operation of the business are permitted. Antennas for other businesses, such as wireless communication towers, shall be permitted only in accordance with § 157.115. Wireless communication towers as accessory uses must be one of the following:

            1.   An alternative tower structure as defined in § 157.115;

            2.   Co-located with an already existing telecommunications facility.

            3.   Located on the roof of an associated principal building provided the telecommunications facilities do not exceed the maximum height in the zone district by a more than 20 feet.

         (b)   Caretaker dwellings are restricted to occupancy by a person employed on the premises.

         (c)   Storage and display.

            1.   All materials shall be stored within buildings or screened from view.

            2.   In the C-1 and C-4 districts, there shall be no outdoor storage of equipment or goods. Outside display of items for sale is permitted, provided that such display does not block public sidewalks and does not occupy an area greater than 5% of the floor area of the building.

            3.   In the C-2, C-3, and C-5 districts, outdoor storage is permitted provided that the storage area is screened with an opaque fence or landscaping. Opaque fencing shall be composed of wood, masonry, or an equivalent synthetic material. Chain link fences with opaque slats are not permitted.

         (d)   Drive-through windows.

            1.   Drive-through windows shall comply with the standards for stacking spaces in § 157.085(H)(1) and the on-site traffic circulation shall be approved by the city engineer.

            2.   In the C-1 and C-3 Districts, drive-through windows are permitted in business districts only if the drive-through arrangement is approved as part of the Development Plan required under § 157.054.

      (4)   Industrial districts.

         (a)   Antennas associated with the operation of the business are permitted. Antennas for other businesses, such as wireless communication towers, shall be permitted only in accordance with § 157.115.

         (b)   Caretaker dwellings are restricted to occupancy by a person employed on the premises.

         (c)   Child care is restricted to family members of persons employed on the premises and shall not be available to the general public.

         (d)   All materials shall be stored within buildings or screened from view with an opaque fence or landscaping. Opaque fencing shall be composed of wood, masonry, or an equivalent synthetic material. Chain link fences with opaque slats are not permitted. The height of stored materials shall not exceed the height of the opaque screen. Company products may be displayed outdoors provided that such display does not occupy an area greater than 1,000 square feet.

         (e)   Offices are permitted only as accessory to the principal use on the premises, and not as separate uses.

(Ord. 17-2006, passed 11-27-2006)

§ 157.056 TEMPORARY USES.

   (A)   Permitted uses. Temporary uses are permitted, subject to the time limits and regulations contained in this section. Permitted temporary uses include those listed below.

      (1)   Manufactured home as a temporary residence to house a person in need of care on the same lot with another dwelling. The manufactured home must be located in the side or rear yard, and it must be used either as a residence for a person acting as a care-provider for someone living in the other dwelling unit, or by a person who is being cared for by someone living in the other dwelling unit on the parcel. At least one of the occupants must be over the age of 65, or in ill health or at a level of dependency where on-site care is necessary, as certified by a physician. After a two-year period, the petitioner must update documentation of the continuing medical condition to staff. The manufactured home must be removed as soon as it is no longer needed for the care arrangement. Such manufactured home shall have an approved sewage disposal system and be provided with perimeter skirting.

      (2)   Manufactured home as temporary housing while a permanent dwelling is being constructed, reconstructed, or undergoing a major renovation, for a maximum of two years.

      (3)   Temporary office, model home or model apartment and incidental signs thereof, both incidental and necessary for the sale, rental or lease of real property in the zone district for a maximum of 18 months.

      (4)   Construction of an accessory structure prior to the primary use, only if a building permit has been issued for the principal use. The maximum time the accessory structure may be used prior to issuance of a certificate of occupancy for the principal use is six months.

      (5)   Noncommercial concrete batching plant incidental and necessary to construction, for a maximum of 18 months.

      (6)   Temporary building or yard for construction materials and equipment, both incidental and necessary to construction for a maximum of 18 months.

      (7)   Special event (such as a festival or carnival) for a maximum of 30 days.

      (8)   Bazaars, carnivals, rummage or garage sales and similar temporary uses, for a maximum of ten days in any calendar year.

      (9)   Sale of Christmas trees or other seasonal items for a maximum of 60 days.

      (10)   Parking of recreational vehicles in agricultural or residential areas for visitation for a maximum of 15 days. Parking of such vehicles for short-term occupancy in non-residential districts is prohibited.

      (11)   Construction trailers as a temporary office during the period of construction and development.

      (12)   A recreational vehicle may be used for the following temporary purposes:

         (a)   A public health program sponsored by a public health department.

         (b)   A program sponsored by any unit of government.

         (c)   A carnival or other public affair or function authorized by proper authority.

      (13)   Other similar uses deemed temporary by the staff and attached with such time period, conditions and safeguards as the staff may deem necessary.

   (B)   Standards, prohibitions and restrictions.

      (1)   Adequate access and off-street parking facilities shall be provided, and the use shall not interfere with traffic movement on adjacent streets.

      (2)   No public address systems or other noise producing devices shall be permitted in a residential district. These systems are permitted for auctions in any district where auctions are permitted.

      (3)   Any floodlights or other lighting shall be directed upon the premises and shall not be detrimental to adjacent properties.

      (4)   The lot shall be put in clean condition, devoid of temporary use remnants upon termination of the temporary period

(Ord. 17, 2006, passed 11-27-2006)

§ 157.057 STOREFRONT FIRST-FLOOR RESIDENCIES.

   (A)   Purpose. To prohibit use of the storefront portion of the first-floor of any structure in the Downtown Business District from use and occupancy as a residence or living area.  

   (B)   Definitions.  

      DOWNTOWN BUSINESS DISTRICT.  Restricted areas shall include the geographic area bounded by Fourth Street on the North, Ewing Street on the East, Bruce Street on the South, and Pine Street on the West.

   (C)   Use in Downtown Business District prohibited. No person shall use the storefront portion of the first-floor of any structure in the Downtown Business District, commonly designated C-4, Central Business District, as a residence or living area.

      (1)   The Zoning Code provides that the Central Business District is intended as a traditional center of commerce for the city. This district is characterized by traditional downtown developmental patterns and uses, including buildings located close to the street, pedestrian orientation, financial and governmental centers, retail and entertainment uses.

      (2)   Use of the storefront portion of the any such structure as a residence or living area, within C-4, Central Business District, is hereby prohibited.

      (3)   The Board of Zoning Appeals of the city is specifically prohibited from granting variances from this section, nor shall it grant a conditional use.

   (D)   Enforcement. This section shall be enforced by the authorized Ordinance Administrator.

(Ord. 5, 2007, passed 3-26-2007) Penalty, see § 157.999

DENSITY, INTENSITY AND DIMENSIONAL STANDARDS