§ 154.04(F) PERMITTED PRINCIPAL USES

   (1)   General Provisions

      (a)   Table 154.04-2 lists the principal uses allowed within all zoning districts except for the overlay zoning districts as provided for in Section 154.05: Overlay Zoning Districts.

      (b)   The requirements of the RA, FA, and WP Overlay Districts may alter how a principal use may be permitted, reviewed, or may prohibit a use that is otherwise permitted in the underlying base zoning district.

   (2)   Explanation of Table of Permitted Uses

      (a)   Permitted Uses

         (i)   A "P" in a cell indicates that a use type is allowed by-right in the respective zoning district. Permitted uses are subject to all other applicable standards of this code.

         (ii)   Permitted uses are approved administratively by the Zoning Administrator through the site plan review procedure, zoning permit, or zoning compliance permit, as applicable. See § 154.03(F) for the applicability of site plan review, § 154.03(H) for the applicability of a zoning permit, and § 154.03(I) for the applicability of a zoning compliance permit.

      (b)   Permitted Uses with Standards

         (i)   A "PS" in a cell indicates that a use type is allowed by-right in the respective zoning district if it meets the additional standards as identified in the last column of Table 154.04-2. Permitted uses with standards are subject to all other standards of this code.

         (ii)   Uses permitted with standards are approved administratively by the Zoning Administrator through the site plan review procedure, zoning permit, or zoning compliance permit, as applicable. See § 154.03(F) for the applicability of site plan review, § 154.03(H) for the applicability of a zoning permit, and § 154.03(I) for the applicability of a zoning compliance permit.

      (c)   Special Uses

         (i)   An "S" in a cell indicates that a use may be permitted if approved by the Planning Board through the special use review procedure (see § 154.03(D)). Special uses may be subject to use-specific standards as identified in the last column of Table 154.04-2. Special are subject to all other applicable standards of this code.

         (ii)   The existence or lack of additional use-specific standards in this code shall not be implied to be the only standards the use is required to meet. Any special use listed in the table shall be subject to the general review standards for all special uses established in § 154.03(D)(5).

         (iii)   Special uses shall be reviewed at a public meeting unless a public hearing is specifically required in the use-specific standards.

      (d)   Prohibited Uses

      (i)   A blank and/or shaded cell indicates that a use is prohibited in the respective zoning district.

      (ii)   In addition to the uses prohibited in § 154.04(F)(2)(d)(i), no building or premises shall be used for the following purposes:

         A.   Medical marijuana cultivation, processing, or retail dispensaries.

      (e)   Use-Specific Standards

   The numbers contained in the "Use-Specific Standards" column are references to additional standards and requirements that apply to the use type listed. Standards referenced in the "Use-Specific Standards" column apply in all zoning districts unless otherwise expressly stated.

      (f)   Use Determination and Unlisted Uses

         (i)   The Zoning Administrator shall make the determination if a proposed use is permitted, permitted with standards, a special use, or a prohibited use under the provisions of this section.

         (ii)   The Zoning Administrator may determine that a proposed use is substantially similar to a use that is permitted, permitted with standards, or a special use established in Table 154.04-2 based on the proposed use activities, character of the business, similarity to existing uses within the city, or information on the use as may be available from third-party land use resources such as documentation from the American Planning Association, Urban Land Institute, or similar organizations. If the Zoning Administrator finds that the proposed use is substantially similar to a use established in Table 154.04-2, the application shall be processed in the same manner as the similar use.

         (iii)   In finding that a proposed use is similar to a use established in Table 154.04-2, the Zoning Administrator shall make a note of the similar use in the approved application form.

         (iv)   If the Zoning Administrator makes the determination that a use is prohibited, the application shall not be processed and the application fee shall be returned.

         (v)   If the applicant disagrees with the Zoning Administrator's determination regarding the proposed use, the applicant may choose to take 1 of the following actions:

            A.   The applicant may appeal the determination of the Zoning Administrator to the BZA pursuant to § 154.03(M); or

            B.   The applicant may present their case to the Planning Board and/or City Council to request that the city initiate a text amendment to address the proposed use and applicable standards.

Note: For ease of printing, please view the PDF of Table 154.04-2

TABLE 154.04-2: PRINCIPALLY PERMITTED USES

P = Permitted  PS = Permitted with Standards  S = Special Use  Blank Cell = Prohibited

Use Category

Use Type

R-1A

R-1B

R-1C

R-2

R-3

OS

GB

HB

CC

LI

LD

GI

CD

Use-Specific Standards

AGRICULTURAL USES

Agriculture and Agricultural Services

Agriculture (Raising of Crops)

P

P

P

P

P

P

P

P

P

P

P

P

P

Agriculture (Raising of Livestock)

PS

§ 154.04(G)(1)

Greenhouses and Nurseries

P

S

Riding Academies or Stables

PS

§ 154.04(G)(1)

RESIDENTIAL USES

Group Living

Adult Family Homes or Small Residential Facilities

PS

PS

PS

PS

§ 154.04(G)(2)

Adult Group Homes or Large Residential Facilities

PS

PS

§ 154.04(G)(2)

Residential Service Homes

S

S

§ 154.04(G)(3)

Skilled Nursing or Personal Care Facilities

S

S

S

S

§ 154.04(G)(4)

Household Living

Conversion of Dwelling into Additional Dwelling Units

PS

PS

§ 154.04(G)(5)

Multi-Family Dwellings

PS

PS

§ 154.04(G)(6)

Narrow Lot Developments

S

S

S

§ 154.04(G)(7)

Single-Family Dwellings

P

P

P

P

S

S

§ 154.04(G)(8)

Two-Family Dwellings

S

P

Zero Lot Line Dwellings

S

§ 154.04(G)(9)

COMMERCIAL USES

Adult Uses

Sexually Oriented Businesses

PS

§ 154.04(G)(10)

Animal Care

Kennels and Animal Boarding

S

S

S

§ 154.04(G)(11)

Veterinarian Offices (No Boarding)

S

PS

PS

§ 154.04(G)(12)

Veterinarian Offices with Kennels and Animal Boarding

PS

§ 154.04(G)(11)

Animal Grooming

P

P

P

P

P

Eating and Drinking Establishments

Bars and Taverns

PS

PS

PS

P

§ 154.04(G)(13)

Drive-In Restaurants

S

S

§ 154.04(G)(14)

Restaurants

P

P

P

S

P

Recreation and Entertainment

Commercial Recreation Facilities (Indoors)

S

P

S

S

§ 154.04(G)(15)

Commercial Recreation Facilities (Outdoors)

S

S

S

S

§ 154.04(G)(16)

Community Centers

S

S

S

S

§ 154.04(G)(17)

Night Club

S

S

§ 154.04(G)(13)

Theaters

PS

PS

S

S

§ 154.04(G)(17)

Offices

Automated Teller Machines (ATMs)

PS

PS

PS

PS

§ 154.04(G)(18)

Business and Professional Offices

P

P

P

P

P

P

Financial Institutions

P

P

P

P

P

P

Medical or Dental Clinics/Offices and 24-Hour Urgent Care

PS

PS

PS

PS

PS

§ 154.04(G)(19)

Retail Sales and Services

Convenience Stores

P

P

P

P

Dry Cleaning and Laundry Drop- Off/Pick-Up Only

P

P

P

P

P

Educational or Informational Services

P

P

P

P

P

P

Multi-Tenant Development

P

P

P

P

P

P

P

Personal Service Establishments

P

P

P

P

P

Post Office/Retail Shipping

P

P

P

P

P

P

Retail and Service Commercial Uses (50,000 sq. ft. or less)

P

P

P

P

Retail and Service Commercial Uses (over 50,000 sq. ft.)

S

Funeral Homes and Mortuaries

PS

S

§ 154.04(G)(20)

Tourism

Assembly Halls and Conference Centers

P

P

P

P

Bed and Breakfast Establishments

S

S

§ 154.04(G)(21)

Hotels and Motels

P

P

S

§ 154.04(G)(22)

Vehicle Sales and Services

Automotive Fuel Sales

PS

PS

§ 154.04(G)(25)

Automotive Junk Yard or Salvage Center

S

§ 154.04(G)(23)

Automotive Repair (Heavy)

PS

PS

PS

§ 154.04(G)(24)

Automotive Service Station and Parts Sales

PS

PS

§ 154.04(G)(25)

Vehicle Sales and Leasing

S

P

S

S

Vehicle Washing Establishment

PS

PS

S

§ 154.04(G)(26)

INDUSTRIAL USES

Industrial Uses and Services

Building and Lumber Yards

S

S

S

§ 154.04(G)(27)

Business and Industrial Sales/Service Establishments

PS

PS

PS

§ 154.04(G)(28)

Chemical Processing or Manufacturing

S

S

§ 154.04(G)(29)

Contractor Yards

S

P

§ 154.04(G)(27)

Industrial Uses and Services

Heavy Manufacturing Facilities

P

Light Manufacturing and Assembly Uses

P

P

P

Machinery and Heavy Equipment Sales, Leasing, Repair, and Storage

S

S

Research and Development Facilities

P

P

P

P

Self-Storage Facilities

PS

PS

§ 154.04(G)(30)

Warehouses and Distribution Centers

P

P

Wholesale Businesses

P

P

P

Mining and Extraction

Soil and Mineral Extraction Activities

S

§ 154.04(G)(31)

PUBLIC AND INSTITUTIONAL USES

Public or Quasi-Public Facilities

Active Parks, Playgrounds, and Ball Fields

S

S

S

S

S

S

S

§ 154.04(G)(32)

Essential Public Infrastructure

Exempt Per § 154.01(E)(2).

Government Facilities

S

S

S

S

S

P

P

P

P

P

P

P

P

Passive Parks, Open Space, and Natural Areas

P

P

P

P

P

P

P

P

P

P

P

P

P

Radio and Television Broadcasting Studios

P

P

Wind Energy Conservation Systems

Regulated by Chapter 157 of the Tipp City Code of Ordinances

Utility Structures

S

S

S

S

S

S

S

S

S

S

S

S

S

§ 154.04(G)(33)

Public Impound Lots

PS

§ 154.04(G)(41)

Institutional Uses

Cemeteries

S

S

S

S

S

§ 154.04(G)(34)

Colleges and Higher Educational Institutions

S

S

S

P

S

§ 154.04(G)(35)

Cultural Institutions

S

S

S

S

S

S

S

S

S

S

S

S

S

§ 154.04(G)(17)

Educational Institutions (K-12)

S

S

S

S

S

§ 154.04(G)(35)

Fraternal, Charitable, and Service Oriented Clubs

PS

PS

PS

PS

PS

§ 154.04(G)(36)

Institutions for Human Medical Care

S

S

S

S

§ 154.04(G)(37)

Institutional Uses

Nursery Schools or Day Care Centers (Children or Adults)

S

S

S

S

PS

PS

§ 154.04(G)(38)

Religious Places of Worship

S

S

S

S

S

PS

PS

PS

PS

PS

S

§ 154.04(G)(17)

MISCELLANEOUS USES

Miscellaneous Uses

Vertical Mixed Use Building

S

S

PS

PS

§ 154.04(G)(39)

Parking Garages

S

§ 154.04(G)(40)

Food Trucks

PS

PS

PS

PS

PS

PS

PS

PS

§ 154.04(G)(42)

(Ord. 5-14, passed 3-17-2014; Am. Ord. 3-15, passed 2-2-2015; Am. Ord. 38-15, passed 9-21-2015; Am. Ord. 1-17, passed 1-3-2017; Am. Ord. 6-17, passed 3- 6-2017; Am. Ord. 16-17, passed 9-5-2017; Am. Ord. 21-17, passed 10-2-2017; Am. Ord. 35-17, passed 12-4-2017; Am. Ord. 17-18, passed 6-4-2018; Am. Ord. 27-18, passed 10-1-2018 ; Am. Ord. 9-19, passed 4-15-2019)