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Batesville City Zoning Code

ARTICLE IV

PERMISSIBLE USES

Sec. 401.- Table of permissible uses.

(a)

The table of permissible uses (following this section) should be read in close conjunction with the definition of terms set forth in article II and the other interpretative provisions set forth in this article. As used in this table "P" shall stand for permitted uses, "C" for conditional uses and "MBAP" for Mayor and Board of Aldermen Permit use.

(b)

All planned and overlay districts shall be established in accordance with the terms and conditions set forth for each individual planned or overlay district.

TABLE OF PERMISSIBLE USES

Uses and Description A R-12 R-9 R-7 RM-3 M-1 C-1 C-2 C-3 I-1 I-2 DBD
1.000 Residential
 1.100 Single-Family Residences
 1.110 Single-family detached, one dwelling-unit per lot
  1.111 Site-built P P P P P P P P
  1.112 Modular structures C C C
  1.113 Manufactured Home C P
 1.120 Single-family detached, more than one dwelling unit per lot
  1.121 Site-built C C C C C C C C
  1.122 Modular structures C C C C
  1.123 Manufactured home park P
 1.200 Two-Family Residences
  1.210 Two-family conversion C P P P P
  1.220 Primary residence with accessory apartment C C C C C C
  1.230 Duplex P C C C
  1.240 Two-family apartment P C C C
 1.300 Multifamily Residences
  1.310 Multifamily conversion P C C C
  1.320 Multifamily townhomes P C C C
  1.330 Multifamily apartment P C C C
 1.400 Homes Emphasizing Special Services, Treatments or Supervision
  1.410 Homes for handicapped or infirm P C C C
  1.420 Nursing care, intermediate care homes P C C C
  1.430 Child care homes P C C C
  1.440 Halfway houses C C C C
 1.500 Miscellaneous, Rooms for Rent Situations
  1.510 Rooming houses, boarding houses P C C
  1.530 Hotels, motels and similar businesses or institutions providing overnight accommodations C P P
 1.600 Temporary Emergency, Construction and Repair Residences P P P P P P P P P P
 1.700 Home Occupations P P P P P P P
 1.8 Bed and Breakfast Home P P P
 1.900 Upper Floor Housing P C C C MBAP
2.000 Sales and Rental of Goods, Merchandise and Equipment
 2.100 No Storage or Display of Goods Outside Fully Enclosed Building
  2.110 High volume traffic generation
  2.111 Miscellaneous P P P MBAP
  2.112 Convenience stores C P P
  2.120 Low volume traffic generation P P P MBAP
  2.130 Wholesale sales P P
 2.200 Storage and Display of Goods Outside Fully Enclosed Building Allowed 1
  2.210 High-volume traffic generation P P P P
  2.220 Low volume traffic generation P P P P
 2.230 Wholesale sales P P P P
 2.240 Sales from temporary or portable buildings, tents or other structures C C C C MBAP
3.000 Office, Clerical, Research and Services Not Primarily Related to Goods or Merchandise
 3.100 All Operations Conducted Entirely Within Fully Enclosed Building
  3.110 Operations designed to attract and serve customers or clients on the premises, such as the offices of attorneys, physicians, other professions, insurance and stock brokers P P P MBAP
  3.120 Operations designed to attract little or no customer or client traffic other than employees of the entity operating the principal use P P P P P MBAP
  3.130 Office or clinics of physicians or dentists with not more than 10,000 square feet of gross floor area P P P MBAP
  3.140 Tattoo and Body Piercing Parlors C
 3.200 Operations Conducted Within or Outside a Fully Enclosed Building
  3.210 Operations designed to attract and serve customers or clients on the premises P P P
  3.220 Operations designed to attract little or no customer or client traffic other than employees of the entity operating the principal use P P P
  3.230 Banks with drive-in P P P MBAP
4.000 Manufacturing, Processing, Creating, Repairing, Renovating, Painting, Cleaning, Assembling of Goods, Merchandise and Equipment
 4.100 All Operations Conducted Entirely Within a Fully Enclosed Building
  4.110 Majority of dollar volume of business done with walk-in trade C C P P P MBAP
  4.120 Majority of dollar volume of business not done with walk-in trade C P P
 4.200 Operations conducted within or outside a fully enclosed building P
5.000 Education, Cultural, Religious, Philanthropic, Social, Fraternal Uses
 5.100 Schools and Day Care
  5.110 Elementary and secondary (including as associated grounds, athletic and other facilities P P P P P
  5.120 Trade or vocational schools P C C C C C C
  5.130 Colleges, universities, community colleges (including associated facilities such as dormitories, office buildings, athletic fields, etc.) C C C C C C C C
 5.200 Churches, Synagogues and Temples (including associated residential structures for religious personnel and associated buildings, but not including elementary schools or secondary school buildings P P P P P C P MBAP
 5.300 Libraries, Museums, Art Galleries, Art Centers and Similar Uses (including associated educational and instructional activities, nonprofit)
  5.310 Located within a building designed and previously occupied as a residence or within a building having a gross floor area not exceeding 3,500 square feet C C C C C P P P MBAP
  5.320 Located within any permissible structure P C P P P
 5.400 Social, Fraternal Clubs and Lodges, Union Halls and Similar Use P C P P P MBAP
6.000 Recreation, Amusement, Entertainment
 6.100 Activity Conducted Entirely Within Building or Substantial Structure
  6.110 Bowling alleys, skating rinks, indoor tennis and squash courts, billiard and pool halls, indoor athletic and exercise facilities and similar uses P P P MBAP
  6.120 Movie theaters
  6.121 Seating capacity of not more than 300 P P P MBAP
  6.122 Unlimited seating capacity C C P
  6.130 Coliseums, stadiums and all other facilities listed in the classification designed to seat or accommodate simultaneously more than 1,000 people C C
 6.200 Activity Conducted Primarily Outside Enclosed Buildings or Structures
  6.210 Privately owned out-door recreational facilities such as golf and country clubs, swimming or tennis clubs, etc. not constructed pursuant to a permit authorizing-the construction of some residential development P P C C C
  6.220 Publicly owned and operated outdoor recreational facilities -such as athletic fields, golf courses, tennis courts, swimming pools, parks, etc. not constructed pursuant to a permit authorizing the construction of another use such as a school P P C C C
  6.230 Golf driving ranges not accessory to golf courses, par 3 golf courses, miniature golf courses, skate board parks, water slides and similar uses P C
  6.240 Horseback riding stables (not constructed pursuant to permit authorizing residential developmental non-profit) P C C C
  6.250 Automobile and motorcycle racing tracks C C
  6.26 Drive-in movie theaters C C C
  6.27 Fire arms shooting range C
7.000 Institutional Residence or Care of Confinement Facilities
 7.100 Hospitals, Clinics, other Medical, including Mental Health, Treatment Facilities (in excess of 10,000 square feet of floor area) C C
 7.200 Nursing Care Institutions, Intermediate Care Institutions, Handicapped or Infirm Institutions, and Child Care Institutions C C
 7.300 Institutions (other than Halfway Houses) where Mentally Ill Persons are Confined C C
 7.400 Penal and Correctional Facilities C C
8.000 Restaurants, Bars, Night Clubs
 8.100 No Substantial Carry Out or Delivery Service (no drive-in service or consumption outside fully enclosed structure) P P P MBAP
 8.200 No Substantial Carry Out or Delivery Service, No Drive-In Service (service or consumption outside fully enclosed structure allowed) P P P MBAP
 8.300 Carry Out and Delivery Service (consumption outside-fully enclosed structure) P P P MBAP
 8.400 Carry Out and delivery service, drive in service or consumption outside fully enclosed structure allowed P P MBAP
9.000 Motor Vehicle Sale and Service Operations
 9.100 Motor Vehicle Display, Sales or Rental by a licensed motor vehicle dealer P
 9.110 Operation of a third party motor vehicle sales lot on and by the owner of an established commercial parking lot C C
 9.200 Sales With Installation of Motor Vehicle Parts or Accessories (e.g., tires, mufflers, etc.) C P
 9.300 Motor Vehicle Repair and Maintenance (not including substantial body work) C P P P
 9.400 Motor Vehicle Painting and Body Work P P P
 9.500 Gas Sales C P P MBAP
 9.600 Car Wash (includes detail shop) P P MBAP
10.000 Storage and Parking
 10.100 Automobile Parking Garages or Parking Lots (located on a lot on which there is another principal use to which the parking is related) P P P MBAP
 10.200 Storage of Goods (not related to sale or use of those goods on the same lot where they are stored)
  10.210 All Storage Within Completely Enclosed Structures P P P P
  10.220 Storage Inside or Outside Completely Enclosed Structures C P P
 10.300 Parking of Vehicles or Storage of Equipment Outside Enclosed Structures where: (ii) vehicles or equipment are owned and used by the person making use of lot; and (ii) parking or storage is more than a minor and incidental part of the overall use made of the lot P P P
11.000 Scrap Materials, Salvage Yards, Junkyards, Automobile Graveyards, Wrecker and Towing Service, Storage of Wrecked Vehicles C C
12.000 Services and Enterprises Related to Animals
 12.100 Veterinarian C P P
 12.200 Kennel C C
13.000 Emergency Services
 13.100 Police Stations P P P P P P P P P P MBAP
 13.200 Fire Stations P P P P P P P P P P MBAP
 13.300 Rescue Squad, Ambulance Service C C C C C MBAP
 13.400 Civil Defense Operations C C C C C MBAP
14.000 Agricultural, Silvicultural, Mining, Quarrying Operations
 14.100 Agricultural operations, Farming
  14.110 Excluding livestock P P P P P
  14.120 Including livestock P
 14.200 Silvicultural Operations P P P P P P
 14.300 Mining or Quarrying Operations, including On-Site Sales of Products C C C
 14.2000 Silviculture Operations C C C C C C C C C C C
15.000 Miscellaneous Public and Semi-Public Facilities
 15.100 Post Office C C C MBAP
 15.200 Airport C C
 15.300 Sanitary Landfill C C
 15.400 Military Reserve, National Guard Centers C C
16.000 Dry Cleaners, Laundromats P P MBAP
17.000 Utility Facilities
 17.100 Neighborhood C C C C C C C C C C MBAP
 17.200 Community or Regional C C C MBAP
 17.300 Solar Energy Systems P
18.000 Towers and Related Structures
 18.100 Antenna (Up to 15 feet tall) P P P P P P P P P P P MBAP
 18.200 Antennas (more than 15' tall), towers, silos & structures not otherwise addressed in this table of permissible uses C C C C
19.000 Open Air Markets and Horticultural Sales
 19.100 Open Air Markets (farm and craft markets, flea markets, produce markets) P C C C C C C C C C MBAP
 19.200 Horticultural Sales with Outdoor Display P C P
20.000 Funeral Homes P P
21.000 Cemeteries and Crematoriums
 21.100 Cemeteries C C C
 21.200 Crematoriums C C
22.000 Adult and Child Care Facilities
 22.100 Family Day Care Homes P C P C C
 22.200 Adult and Child Day Care Centers C P P P
23.000 Temporary Structures Used in Connection with the Construction of a Permanent Building or for Some Nonrecurring Purpose such as festivals and special events P C C C C P P P P P MBAP
24.000 Bus Stations, Train Stations C C C MBAP
25.000 Commercial Green house Operations
 25.100 No On-Premises Sales Permitted C C P P P P
 25.200 On-Premises Sales Permitted P P P P
26.000 Special Events C C C C C C MBAP
27.000 Off-Premises Signs C C C
28.000 Civic Center Events P
29.000 Ponds, Lakes and other facilities for the purpose of impounding or storing water C C C C C C C C C C C MBAP
30.000 Sexually Oriented Business as defined in Article V of the City of Batesville Code of Ordinances C
31.000 Medical Cannabis Establishments
 31.100 Medical Cannabis Dispensary P
 31.200 Cannabis Research Facility P
 31.300 Cannabis Testing Facility P
 31.400 Cannabis Cultivation Facility P P
 31.500 Cannabis Processing Facility P P
 31.600 Cannabis Transportation Entity P P
 31.700 Cannabis Disposal Entity P P

 

;sz=8q;Notes:

1  ;hg;Manufactured home sales and portable buildings shall not be offered for sale within two thousand (2,000) feet of the centerline of U.S. Highway 6.

(Ord. No. 2010-09-743, 9-7-10; Ord. No. 2011-01-751, 1-4-11; Ord. No. 2011-07-760, §§ 1, 2, 7-5-11; Ord. No. 2016-07-832, §§ 4—6, 7-5-16; Ord. No. 2016-11-838, §§ 5—8, 11-1-16; Ord. No. 2017-11-844, §§ 2, 3, 11-7-17; Ord. No. 2019-07-865, 7-2-19; Ord. No. 2022-08-900 , 8-16-22; Ord. No. 2022-11-905 , 11-15-22)

Sec. 402. - Permissible uses and specific exclusions.

(a)

The presumption established by this Code is that all legitimate uses of land are permissible within at least one (1) zoning district in the city's planning jurisdiction. Therefore, because the list of permissible uses set forth in the Table of Permissible Uses cannot be all inclusive; those uses that are listed shall be interpreted liberally to include other uses that have similar impacts to the listed uses.

(b)

All uses that are not listed in the Table of Permissible Uses, even given the liberal interpretation are prohibited. Nor shall the Table of Permissible Uses be interpreted to allow a use in one (1) zoning district when the use in question is more closely related to another specified use that is permissible in other zoning districts.

(c)

Without limiting the generality of the foregoing provisions, the following uses are specifically prohibited in all districts:

(1)

Any use that involves the manufacture, handling, sale, distribution, or storage of any highly combustible or explosive materials in violation of the city's fire prevention code.

(2)

Stockyards, slaughterhouses, rendering plants.

(3)

Use of a travel trailer as a temporary or permanent residence except as consistent with the definition of temporary emergency, construction or repair residence. (Situations that do not comply with this subsection on the effective date of this Code are required to conform within one (1) year.)

(4)

Automotive vehicles, motorhomes or camping trailers without current license plates and current inspection stickers shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings.

(5)

The construction of ponds, lakes, or other facilities for the purpose of impounding and storing water shall be conditional in all districts.

(Ord. No. 2010-09-743, 9-7-10)

Sec. 403. - More specific use controls.

Whenever a development could fall within a more than one (1) use classification in the Table of permissible uses, the classification that most closely and most specifically describes the development controls. For example, a small doctor's office or clinic clearly falls within the 3.220 classification (office and service operations conducted entirely indoors and designed to attract customers or clients to the premises). However, classification 3.130, (office or clinics of physicians or dentists with not more than ten thousand (10,000) square feet of gross floor area) more specifically covers this use and therefore is controlling.

(Ord. No. 2010-09-743, 9-7-10)