Certain principal and accessory uses are permitted, either by right or by special exception, in each zoning district. The city’s Official Schedule of Uses shall determine whether or not a specific use is permitted or prohibited in each of the established zoning districts. Uses not specifically listed or defined to be included in this division shall be prohibited.

(Ord. 4-2009, passed 3-9-09)

   Permitted uses are allowed, by right, in a particular zoning district or districts and shall be subject to the restrictions applicable to that zoning district. Permitted uses do not require consideration or approval by the Board of Zoning Appeals.

(Ord. 4-2009, passed 3-9-09)

   Certain uses may be appropriate in any number of districts; however, some uses may require an added degree of scrutiny in the form of development plan review to ensure that the proposed activities, traffic generation, on- and off-street parking, and other elements of the project do not negatively affect adjacent properties. Special exception uses are only permissible with the issuance of a special exception use permit. The special exception uses for each district are listed in the official schedule of uses. The Board of Zoning Appeals shall take into consideration all of the applicable provisions of this chapter, and any other applicable ordinance or regulations when reviewing and deciding on any special exception use permit.

(Ord. 4-2009, passed 3-9-09)

   Accessory uses and structures such as privacy garages, tool sheds, fences, and swimming pools may be permitted in conjunction with a principal use or structure, provided that the accessory use or structure does not alter the character of the district in which it is being proposed. In addition, accessory uses and structures shall meet the follow requirements:

   (A)   General provisions for accessory uses and structures.

      (1)   Accessory uses and structures may be permitted subject to approval by the Planning Director.

      (2)   There can be no accessory use/structure without a principal use/structure.

      (3)   No accessory use/structure shall be permitted prior to the operation or erection of its principal use/structure.

      (4)   No accessory use/structure shall be used unless the principal use/structure is also being used.

      (5)   Accessory uses/structures shall be operated and maintained under the same ownership and shall be located on the same lot as the principal use/structure.

      (6)   The materials, and any architectural design elements, used for the construction of the accessory structure shall be comparable in color, texture, and scale as the principal structure.

      (7)   Accessory structures shall be clearly subordinate in height, area, extent and purpose when compared to principal structure.

   (B)   Provisions for individual accessory uses and structures. The following provisions are in addition to the general provisions listed above and are use specific in their applicability.

      (1)   Private residential swimming pool. A private residential swimming pool may be permitted as an accessory use, provided that access to the said accessory use is restricted by one of the following means:

         (a)   Walls or fencing not less than five feet high and completely surrounding the pool and deck area with the exception of self-closing and latching gates or doors, each capable of being locked.

         (b)   Other means not less than five feet high, and deemed impenetrable by the Planning Director, at the time of construction and completely surrounding the pool and deck area when the pool is not in use.

         (c)   A combination of (a) and (b) above that completely surrounds the pool and deck with the exception of self-closing and latching gates or doors, which are capable of being locked.

         (d)   A power safety pool cover, provided that it:

            1.   Provides a continuous connection between the cover and the deck, so as to prohibit access to the pool when the cover is completely drawn over the pool;

            2.   Be mechanically operated by a key or key and switch such that the cover cannot be drawn open or retracted without the use of a key;

            3.   Is installed with track, rollers, rails, guides, or other accessories necessary to accomplish clauses (a) and (b) above, in accordance with the manufacturer’s instructions; and

            4.   Bears an identification tag indicating that the cover satisfied the requirements of ASTM F 1346 for power safety pool covers.

      (2)   Pools, multi-family or commercial (public or private). All outdoor pools installed as an accessory use to a mufti-family residential dwelling or commercial establishment (including public pools) shall be completely surrounded by walls or fencing not less than 72 inches high and of a design that will restrain the entrance of intruders. Ornamental fencing shall not have over four inches of space between pickets.

(Ord. 4-2009, passed 3-9-09)

   The purpose of this section is to effectively and promptly permit temporary uses and structures within the jurisdiction of the city.

   (A)   General provisions and standards. All temporary uses and structures shall meet the following conditions:

      (1)   The temporary use/structure shall comply with all county and state health requirements, which would be imposed upon a permanent use/structure on the same lot.

      (2)   No temporary use/structure shall be permitted to encroach on any required yard, sidewalk, setback, or easement as specified by the zone in which it is located.

      (3)   Adequate access and off-street parking facilities, which do not interfere with traffic movement on adjacent streets, shall be provided.

   (B)   Provisions for individual temporary uses and structures. Unless otherwise stated, the following temporary uses and/or structures may be permitted in any district, through the issuance of a temporary use permit.

      (1)   Temporary residence. A manufactured structure or recreational vehicle may be moved onto a lot and be used as a temporary residence in the event that an owner’s primary residence is undergoing temporary repairs or renovations, provided that the following conditions are met:

         (a)   The improvement location permit for the structure being built remains valid.

         (b)   The temporary residence is located on the same lot as the permanent residence.

         (c)   The temporary residence ceases to be used after a maximum of nine months. If a temporary residence is needed for longer than nine months, a special exception permit may be granted by the Board of Zoning Appeals. Said special exception permit shall not exceed 12 months. No extension for the special exception permit shall be granted.

         (d)   The temporary residence shall be vacated and removed from the premises within30 days from the expiration, or revocation, of the improvement location permit for the permanent structure, or within 30 days of the expiration date of the special exception permit, which ever occurs first.

      (2)   Temporary office. A manufactured structure may be moved onto a lot and be used as a temporary office as a result of: the construction of a project; unique employee training periods, office overcrowding, or other similar office shortage situations; or a natural disaster, provided the following conditions are met:

         (a)   The improvement location permit for the temporary structure remains valid.

         (b)   The temporary residence is located on the same lot as the permanent residence.

         (c)   The use of any temporary office shall not exceed six months. For temporary offices needed for a period longer than six months, a special exception permit may be granted by the Board of Zoning Appeals. Said special exception permit shall not exceed two years. Special exception permits for temporary offices may be extended once, for a period not to exceed one year.

         (d)   The temporary office shall be vacated and removed from the premises within 30 days from the expiration, or revocation, of the improvement location permit, or within 30 days of the expiration date of the applicable special exception permit.

         (e)   There may be more than one temporary office located on a lot, plot or tract of land, provided that each temporary office is issued, or otherwise included in, a special exception permit.

      (3)   Used as temporary classrooms. A temporary use permit may be issued for such a trailer in any district when it is erected accessory to a public use, semipublic use, or essential service.

         (a)   A temporary permit for trailers used as temporary classrooms shall be limited to a period not to exceed six months.

         (b)   If a trailer is to be used as a temporary classroom for a period exceeding six months, a temporary use permit shall only be approved when a special exception use permit has been issued pursuant to this chapter. The Planning Commission shall establish the expiration date of such temporary use permit.

      (4)   Christmas tree sales. No Christmas tree sales area shall exist for more than 60 days during any 12 month period of time. The fee for a temporary use permit shall not apply, provided that they are being sold by a non-profit organization as part of a fundraising activity. Otherwise, the fee for a temporary Christmas tree sales area shall be as prescribed by the official fee schedule.

      (5)   Roadside stands. Roadside stands may be permitted in a business district. No roadside stand shall exist for more than 60 days during any 12-month period of time. Said 60-day time period may be consecutive days, or separate events, provided that the total amount of time permitted does not exceed the 60-day time period for the year. The fee for temporary roadside stands shall be as prescribed by the official fee schedule. Farmer’s markets and festivals shall be excluded from these provisions.

      (6)   Fireworks stands. Strict compliance with the provisions of state fireworks laws is required. In addition, Fireworks stands are prohibited from being located in a residential zoning district, unless otherwise approved, in writing, by the Planning Director. The owner shall also comply with the requirements of the Clerk-Treasurer’s office, which includes but is not limited to: obtaining a surety bond, providing proof of insurance, paying a user fee.

      (7)   Temporary/portable storage unit. Temporary/portable storage units shall be permitted in any residential district, provided that they comply with the following minimum standards:

         (a)   Time limitation. No temporary/portable storage unit may be located on any site, in any residential district for a period longer than ten consecutive days from time of delivery to time of removal. At the end of such period, the temporary storage unit shad be moved off-site and shall not be returned for at least one month from the date it was removed.

         (b)   Number of units. No more than two temporary/portable storage units may be located on a lot of record at one time.

         (c)   Location. No temporary/portable storage unit may be located closer than ten feet to any property line. Under no circumstances may a temporary/portable storage unit be located within a public right-of-way.

         (d)   Removal. In the event of high winds or other adverse weather conditions in which such a structure may become a physical danger, the appropriate law enforcement officer may require the immediate removal of such temporary structure. In the event that a unit has been in place longer than the time period specified in (a) above, the Planning Director shall cause said structure to be removed. In any instance, all costs associated with the removal of a temporary/portable storage unit shall be the responsibility of the landowner.

         (e)   Use. No temporary/portable storage unit shall be used to store solid waste, construction debris, demolition debris, recyclable materials, business inventory, commercial goods, or any illegal or hazardous material.

      (8)   Garage and yard sales. Garage and yard sales may be held at any given residential location up to three times per calendar year, for a maximum of three consecutive days each, and for a maximum of two consecutive weeks at a time. Garage and yard sales must be held during daylight hours. City officials may halt garage and yard sales if parking on public rights-of-way or trespassing on neighbors’ property becomes a problem. Persons holding garage and yard sales must comply with all signage rules in this code, including but not limited to § 153.038(P) concerning garage sale signs.

      (9)   Other similar uses deemed temporary by the Planning Director and conditioned upon any time period, conditions, and other safeguards for protection of neighboring properties as the Planning Director may deem necessary in her or his discretion.

(Ord. 4-2009, passed 3-9-09; Am. Ord. 8-2011, passed 4-11-11)

   Within the districts established by this chapter, including amendments thereto, there may exist lots, uses, or structures which were lawful before the effective date of this chapter, but which would be prohibited, regulated or restricted under the terms of this chapter. It is the intent of this section to allow said nonconforming lots, uses, or structures to continue until they are removed, but not to encourage their survival. Nothing in this section shall be deemed to prevent the strengthening, or restoring to a safe condition, any building or part thereof which has been declared to be unsafe by any official charged with protecting the public safety. The existence of nonconforming lots, uses and structures is not to be used as grounds for adding similar lots, uses or structures which would otherwise be prohibited. Nonconforming situations shall be governed as follows:

   (A)   Agricultural uses. Consistent with I.C. 36-7-4-616, an agricultural use of land that constitutes an agricultural nonconforming use may be changed to another agricultural use of land without losing agricultural nonconforming use status. In addition, an agricultural nonconforming use shall not be restricted or required to obtain a variance or special exception so long as an agricultural nonconforming use has been maintained for three years in a five year period.

   (B)   Single nonconforming lots of record. In any district, construction on a single nonconforming lot of record in existence prior to the effective date of this chapter, as amended from time-to-time, and excluding any other limitations imposed by other provisions of this chapter, are subject to the following:

      (1)    Any nonconforming lot shall be in a separate ownership and not contiguous with other lots in the same ownership; and

      (2)   All setback, height and other applicable provisions of the zoning district shall be satisfied unless appropriate variances are obtained.

   (C)   Nonconforming lots of record in combination. If two or more lots, or a combination of lots and portions of lots with continuous frontage in single ownership, are of record prior to the effective date of this chapter, as amended from time-to-time, and if all or part of the lot(s) which is void of any structure(s) do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of administering and enforcing this chapter. No portion of the parcel shall be used or sold in a manner which diminishes compliance with the lot, width, and area requirements established by this chapter. Nor shall any division of a parcel be made which creates a lot with width or area below the requirements stated in this chapter.

   (D)   Nonconforming uses. Where, at the time of adoption of this chapter, lawful use(s) of land exist which would not be permitted by the regulations imposed by this chapter, as amended from time-to- time, the use(s) may be continued so long as they otherwise remain lawful. Such uses shall also be subject to the following provisions:

      (1)   A nonconforming use may be continued but shall not be extended, expanded, or changed unless to a conforming use, except as permitted by the Board of Zoning Appeals.

      (2)   A nonconforming use shall not be moved, in whole or in part, to any portion of the lot or parcel.

      (3)   In the event that any nonconforming use which is conducted within a structure ceases, for whatever reason, for a period of one year, said nonconforming use shall not be resumed, unless approved by the Board of Zoning Appeals.

      (4)   No structure shall be erected, constructed, or altered in connection with a legally nonconforming use of land.

   (E)   Nonconforming structures. Where a structure that could no longer be built under the provisions of this chapter exists, the structure may continue to exist so long as it remains otherwise lawful. Said structure shall also be subject to the following provisions:

      (1)   A nonconforming structure may continue to exist but shall not be enlarged or altered in a way which increases its nonconformity. Conversely, a nonconforming structure may be altered so as to decrease its nonconformity.

      (2)   Any nonconforming structure damaged by fire, flood, explosion, wind, or other catastrophe may be reconstructed and used as before if:

         (a)   Such reconstruction is performed within 12 months of such catastrophe; and

         (b)   If the restored structure has no greater coverage and no greater cubic content than before such catastrophe.

      (3)   (a)   In the event that any nonconforming use conducted in a structure or at a location ceases for any reason for a continuous period of one year; or

         (b)   In the event that such nonconforming use is intentionally abandoned for any period, such nonconforming use shall not be resumed, except with the approval of the Board of Zoning Appeals.

      (4)   No nonconforming structure shall be moved for any reason for any distance, unless said structure is being removed from the site.

      (5)   Work may be done on any nonconforming structure in any period of 12 consecutive months. Such work may include ordinary repairs such as the repair or replacement of non-load bearing walls, fixtures, wiring or plumbing, provided that the repaired structure has no greater coverage and contains no greater cubic content than before such repairs.

      (6)   If a nonconforming structure, or portion thereof, becomes physically unsafe or by reason of its physical condition, shall not thereafter be restored, repaired or rebuilt except in conformance with this chapter.

   (F)   Nonconforming uses and structures in combination. Where a lawful use occupied by a lawful structure existed prior to the effective date of this chapter, as amended from time-to-time, where one or the other, or both, do not comply with the requirements imposed by this chapter, nonconforming combination of use and structure may be continued so long as they both remain otherwise lawful. Such a combination shall also be subject to the following provisions:

      (1)   No existing structure devoted to a use not permitted by this chapter shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered, except to change the use from a legally nonconforming use to a conforming use, in which case, such modifications shall be subject to the provisions of this chapter.

      (2)   Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the legally nonconforming status of the use, in which case, both the structure and the use shall be brought into conformance with the provisions of this chapter, as amended from time-to-time.

(Ord. 4-2009, passed 3-9-09)