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Fishers City Zoning Code

CHAPTER 5

USE REGULATIONS

Sec. 5.1.1. Classification of Uses

  • Applicability

    No building, structure or land shall be used and no building or structure shall be erected, reconstructed or structurally altered, which is arranged, intended or designed to be used for any purpose other than a use which is permitted and specified in a zoning district in which such a building, structure or land is located.

  • Permitted Uses

    Permitted uses by district are listed in Sec. 5.1.5. Permitted Use Table. Permitted uses are grouped into categories of uses.

  • Special Exception

    Special Exceptions by district are listed in Sec. 5.1.5. Permitted Use Table. See also Sec. 10.2.19. Special Exception.

  • Accessory Uses

    Accessory uses are allowed in conjunction with a permitted primary use as set forth in  Article 5.7. Accessory Uses.

  • Temporary Uses

    Temporary uses, in conjunction with a primary use, are allowed as set forth in Article 5.8. Temporary Uses.

  • Use Standards

    Certain use standards are allowed with specific standards as set forth in this Chapter. The use standard is cross-referenced in Sec. 5.1.5. Permitted Use Table.

  • Change of Tenant - Large Scale Tenant Spaces

    For any tenant space with a floor area of 25,000 square feet or greater, a change of one tenant to a different tenant with a COMMERCIAL or PUBLIC & INSTITUTIONAL use listed under Sec. 5.1.5. Permitted Use Table, excluding medical or office, shall be required to obtain approval from City Council as set forth in Sec. 10.2.26. Change of Tenant - Large Scale Tenant Spaces.

    • (Ord. 062121B, 07/19/2021) 

    Effective on: 7/19/2021

    Sec. 5.1.2. Prohibited Uses

    Except for uses determinations made pursuant to Sec. 5.1.3 Use Determination, any use not explicitly allowed as a permitted use by right, accessory use, limited use, Special Exception, or a Temporary Use in the zoning district allowed in Sec. 5.1.5. Permitted Use Table, is prohibited. The enumerations of prohibited uses below are expressly prohibited, but such enumeration shall not be deemed exclusive or all-inclusive. Prohibited uses include:

    1. Any use of prima fascia business, commercial, or industrial character not otherwise specifically allowed in a zoning district ;
    2. Any use prohibited by an applicable Special Exception;
    3. Any use prohibited by an applicable overlay zoning district;
    4. Manufactured home or travel trailer except in the MP Zoning District or allowed in a PUD Zoning District ;
    5. Open dump;
    6. Signs erected in violation of Article 6.17. Signage Standards; and
    7. Storage of unlicensed, uninspected, wrecked, crushed, dismantled, or partially dismantled automotive vehicles except as temporarily allowed in towing yards for vehicles or stored in a garage.

    Effective on: 7/20/2018

    Sec. 5.1.3. Use Determination

  • Interpretation by the Director

    The Director is responsible for categorizing all uses. If a proposed use is not listed in a use category, but is similar in character, intensity, and impact to a listed use, the Director may consider the proposed use part of that use category. When determining whether a proposed use is like a listed use, the following criteria will be considered:

    1. The actual or projected characteristics of the proposed use;
    2. The relative amount of site area or floor area and equipment devoted to the proposed use;
    3. Relative amounts of sales;
    4. The customer type;
    5. The relative number of employees;
    6. Hours of operation;
    7. Building and site arrangement;
    8. Types of vehicles used and their parking requirements;
    9. The number of vehicle trips generated;
    10. How the proposed use is advertised;
    11. The likely impact on surrounding properties; and
    12. Whether the activity is likely to be found independent of the other activity on the site.
  • Uses Not Specifically Listed

    A use not specifically listed in Sec. 5.1.5. Permitted Use Table is prohibited, unless the Director determines the use to be part of a use category as described in Sec. 5.1.3 Use Determination.

  • Director Action

    Following a determination by the Director, a written record shall be kept by the Department (see also Sec. 10.2.2. Administrative Determination).

    • Effective on: 1/1/1901

    Sec. 5.1.4. Key to Use Table

    Sec. 5.1.5. Permitted Use Table identifies uses permitted in each zoning district. The use table key is set forth below.

    1. A.
      Permitted Use (P)

      Indicates that the use is permitted by right in the District.

    2. B.
      Special Exception (S and SE)

      S - Indicates that it is a permitted use, subject to a review by the Board of Zoning Appeals with conditions and limitations imposed by the Board.

      SE - Indicates that it is a permitted use, subject to a review by the Common Council with conditions and limitations imposed by the Common Council.

    3. C.
      Accessory (A)

      Indicates that the use is permitted as an accessory use to an established primary use.

    4. D.
      Temporary (T)

      Indicates that the use is permitted as a temporary use.

    5. E.

      Use Not Permitted (-)

       Indicates that a use is not permitted in that District. 

    (Ord. 011822, 02/21/2022)

     

     

    Effective on: 4/21/2025

    Sec. 5.1.5. Permitted Use Table

    5.1.5 Permitted Use Table
    Use Category Specific UseResidentialNonresidential OtherDefinition / Use Standard
    ERR1R2R3R4R5MFTCRMPC1C2C3ENI1MAAGOS
    RESIDENTIAL USES     
    Household Living, as listed below: 

    Sec. 5.2.1.A

    .

    Single-unit livingPPPPPPPP-------P-Sec. 5.2.1.B.
    Two-unit living------PP---------Sec. 5.2.1.C.
    Multi-unit living------P----------Sec. 5.2.1.D.
    Cottage court (IN PROGRESS)-----------------Sec. 5.2.1.E.
    Conservation developmentPPPPPP-P---------Sec. 5.2.1.F.
    Compact development (IN PROGRESS)----------------- 
    Manufactured home development--------P--------Sec. 5.2.1.G
    Group Home Living, as listed below: Sec. 5.2.2.A.
    Group homePPPPPPPP-PP------Sec. 5.2.2.B.
    Special Care Facility------P--PP------Sec. 5.2.2.C.
    Special care facility, as listed below: Sec. 5.2.2.C.
    Residential facility for the developmentally disabledPPPPPPPP-PP------Sec. 5.2.2.C.
    Residential facility for the mentally illPPPPPPPP-PP------Sec. 5.2.2.C.
    Senior Living, as listed below: Sec. 5.2.3.A.
    Senior Living Community------P--PP------Sec. 5.2.3.B.
    Assisted Living------P--PP------Sec. 5.2.3.C. 
    Independent Living------P--PP------Sec. 5.2.3.D.
    Nursing Home------P--PP------Sec. 5.2.3.E.
    PUBLIC & INSTITUTIONALERR1R2R3R4R5MFTCRMPC1C2C3ENI1MAAGOS 
    CIVIC, except as listed below:SSSSSSSS-SSSSS-SSSec. 5.3.1.A. & E.
    Cemetery---------------PPSec. 5.3.1.A. & B.
    Place of WorshipSESESESESESESESE-SESESE-SE-SESESec. 5.3.1.A. & C.
    EDUCATION   
    School, Preschool through K-12  SESESESESESESESE-SESESE-SE-SESESec. 5.3.1.A. & D. 
    School, Trade/Business ----------PP-PP--Sec. 5.3.1.A. 
    HEALTHCARE   
    Hospital -SESESE-------P-P---Sec. 5.3.1.A 
    PARKS & OPEN SPACE   
    Parks, Open Space and 
    Greenways     		PPPPPPPPPPPPPPPPPSec. 5.3.2.A. 
    Outdoor Living History 
    Museum     		-----------------Sec. 5.3.2.B. 
    UTILITIES AND 
    COMMUNICATION         		  
    Minor utilities PPPPPPPPPPPPPPPPPSec. 5.3.3.A. 
    Major utilities SSSSSSSSSSSSSSSSSSec. 5.3.3.B. 
    Telecommunication tower ----------PPPP-PPSec. 5.3.3.C. 
    Micro (small cell) tower                  Sec. 5.3.3.D. 
    Solar Energy System 
    (SES)         		  
       SES, Commercial -------------P-PPSec 5.3.3.E 
       SES, Freestanding AAAAAAAAAAAAAAAPPSec 5.3.3.E 
       SES, Parking Lot                          Canopy AAAAAAAAAAAAAAAAASec 5.3.3.E 
       SES, Roof-Mounted AAAAAAAAAAAAAAAAASec 5.3.3.E 
       SES, Wall-Mounted AAAAAAAAAAAAAAAAASec 5.3.3.E 
    Wind Energy System 
    (WES)         		  
       WES, Small A--------AAAAAAAASec 5.3.3.F 
       WES, Large ---------------P-Sec 5.3.3.F 
    Battery Energy Storage 
    System (BESS)         		  
       BESS, Tier I AAAAAAAAAAAAAAAAASec 5.3.3.G 
       BESS, Tier II -------------S-S-Sec 5.3.3.G 
    COMMERCIAL ERR1R2R3R4R5MFTCRMPC1C2C3ENI1MAAGOS 
    Child Care, as listed below: Sec. 5.4.1.A.
    Child care center---------PPP-----Sec. 5.4.1.B.
    Child care homeAAAAAAAAAA------SSec. 5.4.1.C.
    Child care ministry AAAAAAAA-AAA-A-ASSec. 5.4.E.
    Indoor Entertainment and Recreation, except as listed below----------PP-PS-PSec. 5.4.2.A.
    Adult entertainment establishment-------------SE---Sec. 5.4.2.B.
    Medical, except as listed below----------PPP*PP*--Sec. 5.4.3.A. & B.
    Clinic----------PP-----Sec. 5.4.3.C.
    Office---------PPPPPP--Sec. 5.4.4.A.
    Outdoor recreation-----------P-PPPPSec. 5.4.5.
    Overnight lodging, except as provided below:-----------P-P*---Sec. 5.4.6.A. & C.
    Bed and breakfastPP-------PP----PPSec. 5.4.6.B.
    Short-term rentals, owner-occupiedAAAAAAAAA------A-Sec. 5.4.6.D.
    Short-term rentals, not owner-occupiedSSSSSSSSS------S-Sec. 5.4.6.D.
    Personal Service---------PPPP*-P*--Sec. 5.4.7.A. & D.
    Restaurant/bar, as listed below:----------PP--P*P-Sec. 5.4.8.A.
    Bar, tavern, lounge----------PP--P--Sec. 5.4.8.B.
    Eating establishments----------PPP*-P*--Sec. 5.4.8.C.
    Fast food/quick service----------PP-----Sec. 5.4.8.D.
    Retail sales, except as provided below:----------PPP*----Sec. 5.4.9.A.& F.
    Brewery, low intensity----------PP--P--Sec. 5.4.9.B.
    Electric Vehicle Charging 
    Station     		AAAAAAAAAAAAAAAAASec. 5.4.9.C.
    Electric Vehicle Charging 
    Facility     		----------SS-S---Sec. 5.4.9.C.
    Grocery----------PP-----Sec. 5.4.9.C.
    Special handling-----------P-----Sec. 5.4.9.D.
    Vehicle fuel sales-------------P---Sec. 5.4.9.E.
    Vehicle sales/rentals-----------P*-P---Sec. 5.4.10. A & B.
    INDUSTRIAL ERR1R2R3R4R5MFTCRMPC1C2C3ENI1MAAGOS 
    Car Condominiums-----------------

    Article 12.2.

    Light industrial ------------P*PPPP

    Sec. 5.5.1.A. & B.

    Light manufacturing------------P*PP- Sec. 5.5.2.A. & B.
    Research & Development------------PPP--Sec. 5.5.3.A.
    Self-service storage-----------P-P---Sec. 5.5.4.A. & B.
    Vehicle service, as listed below: Sec. 5.5.5.A.
    Car wash-------------P---Sec. 5.5.5.B.
    Vehicle repair (minor)----------P*P-P---Sec. 5.5.5.C.
    Vehicle repair (major)-----------P-P---Sec. 5.5.5.D.
    Vehicle repair (commercial vehicle)-------------P---Sec. 5.5.5.E.
    Warehouse & distribution-------------PP--Sec. 5.5.6.A. & B.
    Wholesale trade--------- ---PP--Sec. 5.5.7.A.
    AGRICULTURAL & 
    ANIMAL USES     		ERR1R2R3R4R5MFTCRMPC1C2C3ENI1MAAGOS 
    BeekeepingAAAAAAAAA------A-Sec. 5.6.2.A.
    Community garden---------P*P*P*---P*P*Sec. 5.6.1.B.
    Domestic Pets AAAAAAAAA------A-Sec 5.6.2.C.
    Domestic Farm Animals AA*-------------AASec 5.6.2.B.
    Kennel -----------P*-P*-P*P*Sec 5.6.2.D.
    Personal Garden AAAAAAAAA------A-Sec 5.6.1.C
    Pet Grooming ---------P*P*P*-P*-P*P*Sec 5.6.2.E.
    Plant nursery --------***P---PPSec. 5.6.1.D.
    Produce standT*T*T*T*T*T*T*T*T*TTTT--TTSec. 5.6.1.E.
    Urban farm---------PPP---PPSec. 5.6.1.F.
    Veterinary Clinic ---------P*P*P*-P*-P*P*Sec. 5.6.2.F.
    Other agricultural uses as 
    defined in this UDO     		---------------PPSec. 5.6.1.A.
    ACCESSORY USES ERR1R2R3R4R5MFTCRMPC1C2C3ENI1MAAGOSSec 5.7.1 
    Caretaker's residence---------AAAAAAAASec 5.7.1.A
    Drive-through ---------AAA-AA--Sec 5.7.2.B.
    Home occupationAAAAAAAAA--------Sec 5.7.2.C.
    Outdoor dinning----------AAA-A--Sec 5.7.2.E.
    Recreational use related to a residential developmentAAAAAAAAA--------Sec 5.7.2.F.
    Residential accessory service------A----------Sec 5.7.2.G.
    TEMPORARY USES ERR1R2R3R4R5MFTCRMPC1C2C3ENI1MAAGOSSec 5.8.1 
    Construction Trailer TTTTTTTTTTTTTTTTTSec 5.8.2.A.
    Events Tents TTTTTTTTT------T-Sec 5.8.2.G.2
    Garage/Yard SalesTTTTTTTTT------T-Sec 5.8.2.G.1
    InstitutionalTTTTTTTT-TTT-T-TTSec 5.8.2.B.
    Sales Office for Model HomeTTTTTTTT---------Sec 5.8.2.C.
    Special Event---------TTTTTTTTSec 5.8.2.D.
    Temporary off-street parkingTTTTTTTTTTTTTTTTTSec 5.8.2.E.
    Temporary Trash ReceptacleTTTTTTTTTTTTTTTTTSec 5.8.2.F.
    Temporary Storage Unit (POD)TTTTTTTTTTTTTTTTTSec 5.8.2.F.
    5.1.5 Permitted Use Table
    Use Category Specific UseResidentialNonresidential OtherDefinition / Use Standard
    ERR1R2R3R4R5MFTCRMPC1C2C3ENI1MAAGOS
    RESIDENTIAL USES     
    Household Living, as listed below: 

    Sec. 5.2.1.A

    .

    Single-unit livingPPPPPPPP-------P-Sec. 5.2.1.B.
    Two-unit living------PP---------Sec. 5.2.1.C.
    Multi-unit living------P----------Sec. 5.2.1.D.
    Cottage court (IN PROGRESS)-----------------Sec. 5.2.1.E.
    Conservation developmentPPPPPP-P---------Sec. 5.2.1.F.
    Compact development (IN PROGRESS)----------------- 
    Manufactured home development--------P--------Sec. 5.2.1.G
    Group Home Living, as listed below: Sec. 5.2.2.A.
    Group homePPPPPPPP-PP------Sec. 5.2.2.B.
    Special Care Facility------P--PP------Sec. 5.2.2.C.
    Special care facility, as listed below: Sec. 5.2.2.C.
    Residential facility for the developmentally disabledPPPPPPPP-PP------Sec. 5.2.2.C.
    Residential facility for the mentally illPPPPPPPP-PP------Sec. 5.2.2.C.
    Senior Living, as listed below: Sec. 5.2.3.A.
    Senior Living Community------P--PP------Sec. 5.2.3.B.
    Assisted Living------P--PP------Sec. 5.2.3.C. 
    Independent Living------P--PP------Sec. 5.2.3.D.
    Nursing Home------P--PP------Sec. 5.2.3.E.
    PUBLIC & INSTITUTIONALERR1R2R3R4R5MFTCRMPC1C2C3ENI1MAAGOS 
    CIVIC, except as listed below:SSSSSSSS-SSSSS-SSSec. 5.3.1.A. & E.
    Cemetery---------------PPSec. 5.3.1.A. & B.
    Place of WorshipSESESESESESESESE-SESESE-SE-SESESec. 5.3.1.A. & C.
    EDUCATION   
    School, Preschool through K-12  SESESESESESESESE-SESESE-SE-SESESec. 5.3.1.A. & D. 
    School, Trade/Business ----------PP-PP--Sec. 5.3.1.A. 
    HEALTHCARE   
    Hospital -SESESE-------P-P---Sec. 5.3.1.A 
    PARKS & OPEN SPACE   
    Parks, Open Space and 
    Greenways     		PPPPPPPPPPPPPPPPPSec. 5.3.2.A. 
    Outdoor Living History 
    Museum     		-----------------Sec. 5.3.2.B. 
    UTILITIES AND 
    COMMUNICATION         		  
    Minor utilities PPPPPPPPPPPPPPPPPSec. 5.3.3.A. 
    Major utilities SSSSSSSSSSSSSSSSSSec. 5.3.3.B. 
    Telecommunication tower ----------PPPP-PPSec. 5.3.3.C. 
    Micro (small cell) tower                  Sec. 5.3.3.D. 
    Solar Energy System 
    (SES)         		  
       SES, Commercial -------------P-PPSec 5.3.3.E 
       SES, Freestanding AAAAAAAAAAAAAAAPPSec 5.3.3.E 
       SES, Parking Lot                          Canopy AAAAAAAAAAAAAAAAASec 5.3.3.E 
       SES, Roof-Mounted AAAAAAAAAAAAAAAAASec 5.3.3.E 
       SES, Wall-Mounted AAAAAAAAAAAAAAAAASec 5.3.3.E 
    Wind Energy System 
    (WES)         		  
       WES, Small A--------AAAAAAAASec 5.3.3.F 
       WES, Large ---------------P-Sec 5.3.3.F 
    Battery Energy Storage 
    System (BESS)         		  
       BESS, Tier I AAAAAAAAAAAAAAAAASec 5.3.3.G 
       BESS, Tier II -------------S-S-Sec 5.3.3.G 
    COMMERCIAL ERR1R2R3R4R5MFTCRMPC1C2C3ENI1MAAGOS 
    Child Care, as listed below: Sec. 5.4.1.A.
    Child care center---------PPP-----Sec. 5.4.1.B.
    Child care homeAAAAAAAAAA------SSec. 5.4.1.C.
    Child care ministry AAAAAAAA-AAA-A-ASSec. 5.4.E.
    Indoor Entertainment and Recreation, except as listed below----------PP-PS-PSec. 5.4.2.A.
    Adult entertainment establishment-------------SE---Sec. 5.4.2.B.
    Medical, except as listed below----------PPP*PP*--Sec. 5.4.3.A. & B.
    Clinic----------PP-----Sec. 5.4.3.C.
    Office---------PPPPPP--Sec. 5.4.4.A.
    Outdoor recreation-----------P-PPPPSec. 5.4.5.
    Overnight lodging, except as provided below:-----------P-P*---Sec. 5.4.6.A. & C.
    Bed and breakfastPP-------PP----PPSec. 5.4.6.B.
    Short-term rentals, owner-occupiedAAAAAAAAA------A-Sec. 5.4.6.D.
    Short-term rentals, not owner-occupiedSSSSSSSSS------S-Sec. 5.4.6.D.
    Personal Service---------PPPP*-P*--Sec. 5.4.7.A. & D.
    Restaurant/bar, as listed below:----------PP--P*P-Sec. 5.4.8.A.
    Bar, tavern, lounge----------PP--P--Sec. 5.4.8.B.
    Eating establishments----------PPP*-P*--Sec. 5.4.8.C.
    Fast food/quick service----------PP-----Sec. 5.4.8.D.
    Retail sales, except as provided below:----------PPP*----Sec. 5.4.9.A.& F.
    Brewery, low intensity----------PP--P--Sec. 5.4.9.B.
    Electric Vehicle Charging 
    Station     		AAAAAAAAAAAAAAAAASec. 5.4.9.C.
    Electric Vehicle Charging 
    Facility     		----------SS-S---Sec. 5.4.9.C.
    Grocery----------PP-----Sec. 5.4.9.C.
    Special handling-----------P-----Sec. 5.4.9.D.
    Vehicle fuel sales-------------P---Sec. 5.4.9.E.
    Vehicle sales/rentals-----------P*-P---Sec. 5.4.10. A & B.
    INDUSTRIAL ERR1R2R3R4R5MFTCRMPC1C2C3ENI1MAAGOS 
    Car Condominiums-----------------

    Article 12.2.

    Light industrial ------------P*PPPP

    Sec. 5.5.1.A. & B.

    Light manufacturing------------P*PP- Sec. 5.5.2.A. & B.
    Research & Development------------PPP--Sec. 5.5.3.A.
    Self-service storage-----------P-P---Sec. 5.5.4.A. & B.
    Vehicle service, as listed below: Sec. 5.5.5.A.
    Car wash-------------P---Sec. 5.5.5.B.
    Vehicle repair (minor)----------P*P-P---Sec. 5.5.5.C.
    Vehicle repair (major)-----------P-P---Sec. 5.5.5.D.
    Vehicle repair (commercial vehicle)-------------P---Sec. 5.5.5.E.
    Warehouse & distribution-------------PP--Sec. 5.5.6.A. & B.
    Wholesale trade--------- ---PP--Sec. 5.5.7.A.
    AGRICULTURAL & 
    ANIMAL USES     		ERR1R2R3R4R5MFTCRMPC1C2C3ENI1MAAGOS 
    BeekeepingAAAAAAAAA------A-Sec. 5.6.2.A.
    Community garden---------P*P*P*---P*P*Sec. 5.6.1.B.
    Domestic Pets AAAAAAAAA------A-Sec 5.6.2.C.
    Domestic Farm Animals AA*-------------AASec 5.6.2.B.
    Kennel -----------P*-P*-P*P*Sec 5.6.2.D.
    Personal Garden AAAAAAAAA------A-Sec 5.6.1.C
    Pet Grooming ---------P*P*P*-P*-P*P*Sec 5.6.2.E.
    Plant nursery --------***P---PPSec. 5.6.1.D.
    Produce standT*T*T*T*T*T*T*T*T*TTTT--TTSec. 5.6.1.E.
    Urban farm---------PPP---PPSec. 5.6.1.F.
    Veterinary Clinic ---------P*P*P*-P*-P*P*Sec. 5.6.2.F.
    Other agricultural uses as 
    defined in this UDO     		---------------PPSec. 5.6.1.A.
    ACCESSORY USES ERR1R2R3R4R5MFTCRMPC1C2C3ENI1MAAGOSSec 5.7.1 
    Caretaker's residence---------AAAAAAAASec 5.7.1.A
    Drive-through ---------AAA-AA--Sec 5.7.2.B.
    Home occupationAAAAAAAAA--------Sec 5.7.2.C.
    Outdoor dinning----------AAA-A--Sec 5.7.2.E.
    Recreational use related to a residential developmentAAAAAAAAA--------Sec 5.7.2.F.
    Residential accessory service------A----------Sec 5.7.2.G.
    TEMPORARY USES ERR1R2R3R4R5MFTCRMPC1C2C3ENI1MAAGOSSec 5.8.1 
    Construction Trailer TTTTTTTTTTTTTTTTTSec 5.8.2.A.
    Events Tents TTTTTTTTT------T-Sec 5.8.2.G.2
    Garage/Yard SalesTTTTTTTTT------T-Sec 5.8.2.G.1
    InstitutionalTTTTTTTT-TTT-T-TTSec 5.8.2.B.
    Sales Office for Model HomeTTTTTTTT---------Sec 5.8.2.C.
    Special Event---------TTTTTTTTSec 5.8.2.D.
    Temporary off-street parkingTTTTTTTTTTTTTTTTTSec 5.8.2.E.
    Temporary Trash ReceptacleTTTTTTTTTTTTTTTTTSec 5.8.2.F.
    Temporary Storage Unit (POD)TTTTTTTTTTTTTTTTTSec 5.8.2.F.
    5.1.5 Permitted Use Table
    Use Category Specific UseResidentialNonresidential OtherDefinition / Use Standard
    ERR1R2R3R4R5MFTCRMPC1C2C3ENI1MAAGOS
    RESIDENTIAL USES     
    Household Living, as listed below: 

    Sec. 5.2.1.A

    .

    Single-unit livingPPPPPPPP-------P-Sec. 5.2.1.B.
    Two-unit living------PP---------Sec. 5.2.1.C.
    Multi-unit living------P----------Sec. 5.2.1.D.
    Cottage court (IN PROGRESS)-----------------Sec. 5.2.1.E.
    Conservation developmentPPPPPP-P---------Sec. 5.2.1.F.
    Compact development (IN PROGRESS)----------------- 
    Manufactured home development--------P--------Sec. 5.2.1.G
    Group Home Living, as listed below: Sec. 5.2.2.A.
    Group homePPPPPPPP-PP------Sec. 5.2.2.B.
    Special Care Facility------P--PP------Sec. 5.2.2.C.
    Special care facility, as listed below: Sec. 5.2.2.C.
    Residential facility for the developmentally disabledPPPPPPPP-PP------Sec. 5.2.2.C.
    Residential facility for the mentally illPPPPPPPP-PP------Sec. 5.2.2.C.
    Senior Living, as listed below: Sec. 5.2.3.A.
    Senior Living Community------P--PP------Sec. 5.2.3.B.
    Assisted Living------P--PP------Sec. 5.2.3.C. 
    Independent Living------P--PP------Sec. 5.2.3.D.
    Nursing Home------P--PP------Sec. 5.2.3.E.
    PUBLIC & INSTITUTIONALERR1R2R3R4R5MFTCRMPC1C2C3ENI1MAAGOS 
    CIVIC, except as listed below:SSSSSSSS-SSSSS-SSSec. 5.3.1.A. & E.
    Cemetery---------------PPSec. 5.3.1.A. & B.
    Place of WorshipSESESESESESESESE-SESESE-SE-SESESec. 5.3.1.A. & C.
    EDUCATION   
    School, Preschool through K-12  SESESESESESESESE-SESESE-SE-SESESec. 5.3.1.A. & D. 
    School, Trade/Business ----------PP-PP--Sec. 5.3.1.A. 
    HEALTHCARE   
    Hospital -SESESE-------P-P---Sec. 5.3.1.A 
    PARKS & OPEN SPACE   
    Parks, Open Space and 
    Greenways     		PPPPPPPPPPPPPPPPPSec. 5.3.2.A. 
    Outdoor Living History 
    Museum     		-----------------Sec. 5.3.2.B. 
    UTILITIES AND 
    COMMUNICATION         		  
    Minor utilities PPPPPPPPPPPPPPPPPSec. 5.3.3.A. 
    Major utilities SSSSSSSSSSSSSSSSSSec. 5.3.3.B. 
    Telecommunication tower ----------PPPP-PPSec. 5.3.3.C. 
    Micro (small cell) tower                  Sec. 5.3.3.D. 
    Solar Energy System 
    (SES)         		  
       SES, Commercial -------------P-PPSec 5.3.3.E 
       SES, Freestanding AAAAAAAAAAAAAAAPPSec 5.3.3.E 
       SES, Parking Lot                          Canopy AAAAAAAAAAAAAAAAASec 5.3.3.E 
       SES, Roof-Mounted AAAAAAAAAAAAAAAAASec 5.3.3.E 
       SES, Wall-Mounted AAAAAAAAAAAAAAAAASec 5.3.3.E 
    Wind Energy System 
    (WES)         		  
       WES, Small A--------AAAAAAAASec 5.3.3.F 
       WES, Large ---------------P-Sec 5.3.3.F 
    Battery Energy Storage 
    System (BESS)         		  
       BESS, Tier I AAAAAAAAAAAAAAAAASec 5.3.3.G 
       BESS, Tier II -------------S-S-Sec 5.3.3.G 
    COMMERCIAL ERR1R2R3R4R5MFTCRMPC1C2C3ENI1MAAGOS 
    Child Care, as listed below: Sec. 5.4.1.A.
    Child care center---------PPP-----Sec. 5.4.1.B.
    Child care homeAAAAAAAAAA------SSec. 5.4.1.C.
    Child care ministry AAAAAAAA-AAA-A-ASSec. 5.4.E.
    Indoor Entertainment and Recreation, except as listed below----------PP-PS-PSec. 5.4.2.A.
    Adult entertainment establishment-------------SE---Sec. 5.4.2.B.
    Medical, except as listed below----------PPP*PP*--Sec. 5.4.3.A. & B.
    Clinic----------PP-----Sec. 5.4.3.C.
    Office---------PPPPPP--Sec. 5.4.4.A.
    Outdoor recreation-----------P-PPPPSec. 5.4.5.
    Overnight lodging, except as provided below:-----------P-P*---Sec. 5.4.6.A. & C.
    Bed and breakfastPP-------PP----PPSec. 5.4.6.B.
    Short-term rentals, owner-occupiedAAAAAAAAA------A-Sec. 5.4.6.D.
    Short-term rentals, not owner-occupiedSSSSSSSSS------S-Sec. 5.4.6.D.
    Personal Service---------PPPP*-P*--Sec. 5.4.7.A. & D.
    Restaurant/bar, as listed below:----------PP--P*P-Sec. 5.4.8.A.
    Bar, tavern, lounge----------PP--P--Sec. 5.4.8.B.
    Eating establishments----------PPP*-P*--Sec. 5.4.8.C.
    Fast food/quick service----------PP-----Sec. 5.4.8.D.
    Retail sales, except as provided below:----------PPP*----Sec. 5.4.9.A.& F.
    Brewery, low intensity----------PP--P--Sec. 5.4.9.B.
    Electric Vehicle Charging 
    Station     		AAAAAAAAAAAAAAAAASec. 5.4.9.C.
    Electric Vehicle Charging 
    Facility     		----------SS-S---Sec. 5.4.9.C.
    Grocery----------PP-----Sec. 5.4.9.C.
    Special handling-----------P-----Sec. 5.4.9.D.
    Vehicle fuel sales-------------P---Sec. 5.4.9.E.
    Vehicle sales/rentals-----------P*-P---Sec. 5.4.10. A & B.
    INDUSTRIAL ERR1R2R3R4R5MFTCRMPC1C2C3ENI1MAAGOS 
    Car Condominiums-----------------

    Article 12.2.

    Light industrial ------------P*PPPP

    Sec. 5.5.1.A. & B.

    Light manufacturing------------P*PP- Sec. 5.5.2.A. & B.
    Research & Development------------PPP--Sec. 5.5.3.A.
    Self-service storage-----------P-P---Sec. 5.5.4.A. & B.
    Vehicle service, as listed below: Sec. 5.5.5.A.
    Car wash-------------P---Sec. 5.5.5.B.
    Vehicle repair (minor)----------P*P-P---Sec. 5.5.5.C.
    Vehicle repair (major)-----------P-P---Sec. 5.5.5.D.
    Vehicle repair (commercial vehicle)-------------P---Sec. 5.5.5.E.
    Warehouse & distribution-------------PP--Sec. 5.5.6.A. & B.
    Wholesale trade--------- ---PP--Sec. 5.5.7.A.
    AGRICULTURAL & 
    ANIMAL USES     		ERR1R2R3R4R5MFTCRMPC1C2C3ENI1MAAGOS 
    BeekeepingAAAAAAAAA------A-Sec. 5.6.2.A.
    Community garden---------P*P*P*---P*P*Sec. 5.6.1.B.
    Domestic Pets AAAAAAAAA------A-Sec 5.6.2.C.
    Domestic Farm Animals AA*-------------AASec 5.6.2.B.
    Kennel -----------P*-P*-P*P*Sec 5.6.2.D.
    Personal Garden AAAAAAAAA------A-Sec 5.6.1.C
    Pet Grooming ---------P*P*P*-P*-P*P*Sec 5.6.2.E.
    Plant nursery --------***P---PPSec. 5.6.1.D.
    Produce standT*T*T*T*T*T*T*T*T*TTTT--TTSec. 5.6.1.E.
    Urban farm---------PPP---PPSec. 5.6.1.F.
    Veterinary Clinic ---------P*P*P*-P*-P*P*Sec. 5.6.2.F.
    Other agricultural uses as 
    defined in this UDO     		---------------PPSec. 5.6.1.A.
    ACCESSORY USES ERR1R2R3R4R5MFTCRMPC1C2C3ENI1MAAGOSSec 5.7.1 
    Caretaker's residence---------AAAAAAAASec 5.7.1.A
    Drive-through ---------AAA-AA--Sec 5.7.2.B.
    Home occupationAAAAAAAAA--------Sec 5.7.2.C.
    Outdoor dinning----------AAA-A--Sec 5.7.2.E.
    Recreational use related to a residential developmentAAAAAAAAA--------Sec 5.7.2.F.
    Residential accessory service------A----------Sec 5.7.2.G.
    TEMPORARY USES ERR1R2R3R4R5MFTCRMPC1C2C3ENI1MAAGOSSec 5.8.1 
    Construction Trailer TTTTTTTTTTTTTTTTTSec 5.8.2.A.
    Events Tents TTTTTTTTT------T-Sec 5.8.2.G.2
    Garage/Yard SalesTTTTTTTTT------T-Sec 5.8.2.G.1
    InstitutionalTTTTTTTT-TTT-T-TTSec 5.8.2.B.
    Sales Office for Model HomeTTTTTTTT---------Sec 5.8.2.C.
    Special Event---------TTTTTTTTSec 5.8.2.D.
    Temporary off-street parkingTTTTTTTTTTTTTTTTTSec 5.8.2.E.
    Temporary Trash ReceptacleTTTTTTTTTTTTTTTTTSec 5.8.2.F.
    Temporary Storage Unit (POD)TTTTTTTTTTTTTTTTTSec 5.8.2.F.
    5.1.5 Permitted Use Table
    Use Category Specific UseResidentialNonresidential OtherDefinition / Use Standard
    ERR1R2R3R4R5MFTCRMPC1C2C3ENI1MAAGOS
    RESIDENTIAL USES     
    Household Living, as listed below: 

    Sec. 5.2.1.A

    .

    Single-unit livingPPPPPPPP-------P-Sec. 5.2.1.B.
    Two-unit living------PP---------Sec. 5.2.1.C.
    Multi-unit living------P----------Sec. 5.2.1.D.
    Cottage court (IN PROGRESS)-----------------Sec. 5.2.1.E.
    Conservation developmentPPPPPP-P---------Sec. 5.2.1.F.
    Compact development (IN PROGRESS)----------------- 
    Manufactured home development--------P--------Sec. 5.2.1.G
    Group Home Living, as listed below: Sec. 5.2.2.A.
    Group homePPPPPPPP-PP------Sec. 5.2.2.B.
    Special Care Facility------P--PP------Sec. 5.2.2.C.
    Special care facility, as listed below: Sec. 5.2.2.C.
    Residential facility for the developmentally disabledPPPPPPPP-PP------Sec. 5.2.2.C.
    Residential facility for the mentally illPPPPPPPP-PP------Sec. 5.2.2.C.
    Senior Living, as listed below: Sec. 5.2.3.A.
    Senior Living Community------P--PP------Sec. 5.2.3.B.
    Assisted Living------P--PP------Sec. 5.2.3.C. 
    Independent Living------P--PP------Sec. 5.2.3.D.
    Nursing Home------P--PP------Sec. 5.2.3.E.
    PUBLIC & INSTITUTIONALERR1R2R3R4R5MFTCRMPC1C2C3ENI1MAAGOS 
    CIVIC, except as listed below:SSSSSSSS-SSSSS-SSSec. 5.3.1.A. & E.
    Cemetery---------------PPSec. 5.3.1.A. & B.
    Place of WorshipSESESESESESESESE-SESESE-SE-SESESec. 5.3.1.A. & C.
    EDUCATION   
    School, Preschool through K-12  SESESESESESESESE-SESESE-SE-SESESec. 5.3.1.A. & D. 
    School, Trade/Business ----------PP-PP--Sec. 5.3.1.A. 
    HEALTHCARE   
    Hospital -SESESE-------P-P---Sec. 5.3.1.A 
    PARKS & OPEN SPACE   
    Parks, Open Space and 
    Greenways     		PPPPPPPPPPPPPPPPPSec. 5.3.2.A. 
    Outdoor Living History 
    Museum     		-----------------Sec. 5.3.2.B. 
    UTILITIES AND 
    COMMUNICATION         		  
    Minor utilities PPPPPPPPPPPPPPPPPSec. 5.3.3.A. 
    Major utilities SSSSSSSSSSSSSSSSSSec. 5.3.3.B. 
    Telecommunication tower ----------PPPP-PPSec. 5.3.3.C. 
    Micro (small cell) tower                  Sec. 5.3.3.D. 
    Solar Energy System 
    (SES)         		  
       SES, Commercial -------------P-PPSec 5.3.3.E 
       SES, Freestanding AAAAAAAAAAAAAAAPPSec 5.3.3.E 
       SES, Parking Lot                          Canopy AAAAAAAAAAAAAAAAASec 5.3.3.E 
       SES, Roof-Mounted AAAAAAAAAAAAAAAAASec 5.3.3.E 
       SES, Wall-Mounted AAAAAAAAAAAAAAAAASec 5.3.3.E 
    Wind Energy System 
    (WES)         		  
       WES, Small A--------AAAAAAAASec 5.3.3.F 
       WES, Large ---------------P-Sec 5.3.3.F 
    Battery Energy Storage 
    System (BESS)         		  
       BESS, Tier I AAAAAAAAAAAAAAAAASec 5.3.3.G 
       BESS, Tier II -------------S-S-Sec 5.3.3.G 
    COMMERCIAL ERR1R2R3R4R5MFTCRMPC1C2C3ENI1MAAGOS 
    Child Care, as listed below: Sec. 5.4.1.A.
    Child care center---------PPP-----Sec. 5.4.1.B.
    Child care homeAAAAAAAAAA------SSec. 5.4.1.C.
    Child care ministry AAAAAAAA-AAA-A-ASSec. 5.4.E.
    Indoor Entertainment and Recreation, except as listed below----------PP-PS-PSec. 5.4.2.A.
    Adult entertainment establishment-------------SE---Sec. 5.4.2.B.
    Medical, except as listed below----------PPP*PP*--Sec. 5.4.3.A. & B.
    Clinic----------PP-----Sec. 5.4.3.C.
    Office---------PPPPPP--Sec. 5.4.4.A.
    Outdoor recreation-----------P-PPPPSec. 5.4.5.
    Overnight lodging, except as provided below:-----------P-P*---Sec. 5.4.6.A. & C.
    Bed and breakfastPP-------PP----PPSec. 5.4.6.B.
    Short-term rentals, owner-occupiedAAAAAAAAA------A-Sec. 5.4.6.D.
    Short-term rentals, not owner-occupiedSSSSSSSSS------S-Sec. 5.4.6.D.
    Personal Service---------PPPP*-P*--Sec. 5.4.7.A. & D.
    Restaurant/bar, as listed below:----------PP--P*P-Sec. 5.4.8.A.
    Bar, tavern, lounge----------PP--P--Sec. 5.4.8.B.
    Eating establishments----------PPP*-P*--Sec. 5.4.8.C.
    Fast food/quick service----------PP-----Sec. 5.4.8.D.
    Retail sales, except as provided below:----------PPP*----Sec. 5.4.9.A.& F.
    Brewery, low intensity----------PP--P--Sec. 5.4.9.B.
    Electric Vehicle Charging 
    Station     		AAAAAAAAAAAAAAAAASec. 5.4.9.C.
    Electric Vehicle Charging 
    Facility     		----------SS-S---Sec. 5.4.9.C.
    Grocery----------PP-----Sec. 5.4.9.C.
    Special handling-----------P-----Sec. 5.4.9.D.
    Vehicle fuel sales-------------P---Sec. 5.4.9.E.
    Vehicle sales/rentals-----------P*-P---Sec. 5.4.10. A & B.
    INDUSTRIAL ERR1R2R3R4R5MFTCRMPC1C2C3ENI1MAAGOS 
    Car Condominiums-----------------

    Article 12.2.

    Light industrial ------------P*PPPP

    Sec. 5.5.1.A. & B.

    Light manufacturing------------P*PP- Sec. 5.5.2.A. & B.
    Research & Development------------PPP--Sec. 5.5.3.A.
    Self-service storage-----------P-P---Sec. 5.5.4.A. & B.
    Vehicle service, as listed below: Sec. 5.5.5.A.
    Car wash-------------P---Sec. 5.5.5.B.
    Vehicle repair (minor)----------P*P-P---Sec. 5.5.5.C.
    Vehicle repair (major)-----------P-P---Sec. 5.5.5.D.
    Vehicle repair (commercial vehicle)-------------P---Sec. 5.5.5.E.
    Warehouse & distribution-------------PP--Sec. 5.5.6.A. & B.
    Wholesale trade--------- ---PP--Sec. 5.5.7.A.
    AGRICULTURAL & 
    ANIMAL USES     		ERR1R2R3R4R5MFTCRMPC1C2C3ENI1MAAGOS 
    BeekeepingAAAAAAAAA------A-Sec. 5.6.2.A.
    Community garden---------P*P*P*---P*P*Sec. 5.6.1.B.
    Domestic Pets AAAAAAAAA------A-Sec 5.6.2.C.
    Domestic Farm Animals AA*-------------AASec 5.6.2.B.
    Kennel -----------P*-P*-P*P*Sec 5.6.2.D.
    Personal Garden AAAAAAAAA------A-Sec 5.6.1.C
    Pet Grooming ---------P*P*P*-P*-P*P*Sec 5.6.2.E.
    Plant nursery --------***P---PPSec. 5.6.1.D.
    Produce standT*T*T*T*T*T*T*T*T*TTTT--TTSec. 5.6.1.E.
    Urban farm---------PPP---PPSec. 5.6.1.F.
    Veterinary Clinic ---------P*P*P*-P*-P*P*Sec. 5.6.2.F.
    Other agricultural uses as 
    defined in this UDO     		---------------PPSec. 5.6.1.A.
    ACCESSORY USES ERR1R2R3R4R5MFTCRMPC1C2C3ENI1MAAGOSSec 5.7.1 
    Caretaker's residence---------AAAAAAAASec 5.7.1.A
    Drive-through ---------AAA-AA--Sec 5.7.2.B.
    Home occupationAAAAAAAAA--------Sec 5.7.2.C.
    Outdoor dinning----------AAA-A--Sec 5.7.2.E.
    Recreational use related to a residential developmentAAAAAAAAA--------Sec 5.7.2.F.
    Residential accessory service------A----------Sec 5.7.2.G.
    TEMPORARY USES ERR1R2R3R4R5MFTCRMPC1C2C3ENI1MAAGOSSec 5.8.1 
    Construction Trailer TTTTTTTTTTTTTTTTTSec 5.8.2.A.
    Events Tents TTTTTTTTT------T-Sec 5.8.2.G.2
    Garage/Yard SalesTTTTTTTTT------T-Sec 5.8.2.G.1
    InstitutionalTTTTTTTT-TTT-T-TTSec 5.8.2.B.
    Sales Office for Model HomeTTTTTTTT---------Sec 5.8.2.C.
    Special Event---------TTTTTTTTSec 5.8.2.D.
    Temporary off-street parkingTTTTTTTTTTTTTTTTTSec 5.8.2.E.
    Temporary Trash ReceptacleTTTTTTTTTTTTTTTTTSec 5.8.2.F.
    Temporary Storage Unit (POD)TTTTTTTTTTTTTTTTTSec 5.8.2.F.

    (Ord. 111620B, 12/21/2020; Ord. 011822, 02/21/2022; Ord. 100625A, 11/17/2025) 

    Effective on: 11/17/2025

    Sec. 5.1.6. General Health & Maintenance Standards

  • Obnoxious Characteristics

    No use shall exhibit obnoxious characteristics to the extent that it constitutes a public nuisance. No use in existence on the effective date of this UDO shall be so altered or modified to conflict with these standards.

  • Fire Protection

    Firefighting equipment and prevention measures acceptable to the Fire Department and any federal, State, County, and/or local authorities that may also have jurisdiction shall be readily available and apparent when any activity involving the handling or storage of flammable or explosive materials is conducted.

  • Electrical Disturbance

    No use shall cause electrical disturbance adversely affecting radio, television or other telecommunication equipment in the vicinity.

  • Noise

    No use shall produce noise in such a manner as to be objectionable because of volume, frequency, intermittence, beat, shrillness or vibration. Said noise shall be muffled or otherwise controlled so as not to become detrimental, provided, however, public safety sirens and related apparatus used solely for public purposes shall be exempt from this standard. Also, refer to City of Fishers Code of Ordinances, Chapter 98 Noise.

  • Vibration

    No use shall cause vibrations or concussions detectable beyond the lot lines without the aid of instruments.

  • Odor

    No use shall emit across the lot lines malodorous gas or matter in such quantity as to be detectable at any point along the lot lines.

  • Air Pollution

    No use shall discharge across the lot lines fly ash, dust, smoke, vapors, noxious, toxic or corrosive matter, or other air pollutants in such concentration as to be detrimental to health, animals, vegetation or property, or conflict with public air quality standards.

  • Heat and Glare

    No use shall produce heat or glare in such a manner as to be a nuisance or create a hazard perceptible from any point beyond the lot lines.

  • Water and Solid Waste Pollution
    1. No use shall produce erosion or pollutants in such quantity as to be detrimental to adjacent properties or conflict with public water quality standards.
    2. No authorization of a use under this UDO includes the authority to discharge liquid or solid wastes into public waters except as permitted under the Stream Pollution Control Law (Acts 1943, Chapter 214, as amended). Plans and specifications for proposed sewage and other waste treatment and disposal facilities shall be approved by the Stream Pollution Control Board and any federal, State, County, and/or local authorities that may also have jurisdiction.
    3. No use shall accumulate within the lot or discharge beyond the lot lines any waste matter, whether liquid or solid, in conflict with applicable public health, safety and welfare standards and regulations.
  • Waste Disposal

    No waste materials such as garbage, rubbish, trash, construction material, gasoline, oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity, or temperature that may contaminate, pollute, or harm the waters may be deposited, located, stored, or discharged on any lot in a way that would be likely to runoff, seep, or wash into surface or ground water. Also, refer the City of Fishers Code of Ordinances, Chapter 153 Stormwater Management.

  • Fuel Storage
    No flammable or explosive liquids, solids, or gasses as specified by the State Fire Marshal may be stored in bulk above ground, except tanks or drums of fuel connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel. Fuel for heavy equipment used during grading and construction may be stored on site for the duration of the project subject to all applicable State and local regulations.
  • Debris/Refuse
    1. Debris, refuse, trash, construction material, garbage, litter, unfinished buildings, scrap metals, or rotting wood shall not be present or accumulate on any property; or
    2. The storage or parking of any inoperable vehicle or junk vehicles as those terms are defined in CHAPTER 12. DEFINITIONS. 
    3. Exemption. This subsection shall not be construed as prohibiting any of the following:
      1. The outdoor storage of bona fide farm equipment, farm implements, or farm vehicles; provided such items are being used for ongoing farm operations and are otherwise in compliance with all other applicable ordinances,
      2. A motor vehicle which is mechanically operable, but unlicensed because it is owned, leased or co-signed to a duly licensed and lawful new or used car dealer, if the motor vehicle is located on premises under the control of the car dealer for sale or delivery; or
      3. A vehicle or motor vehicle which is stored on the premises of a duly licensed and lawful vehicle or motor vehicle repair shop or a licensed and lawful vehicle impoundment facility, if the repair shop or impoundment facility has all licenses or registrations required by the State of Indiana
  • Light Pollution
    All lighting shall comply with requirements of Article 6.5. Exterior Lighting Standards to not be detrimental to adjacent and surrounding properties to an extent to cause a nuisance or disturb a local habitat.

    • (Ord. 121922E, 01/17/2023)

    Effective on: 1/17/2023

    Sec. 5.2.1. Household Living

  • Household Living Use Category

    Residential occupancy of a dwelling unit by a household. Household living includes the following uses.

    1. Single-unit living, two-unit living, multi-unit living.
    2. Cottage court.
    3. Conservation development.
    4. Compact development.
    5. Manufactured home development.
  • Single-Unit Living

    One (1) dwelling unit in a single primary structure.

  • Two-Unit Living

    Two (2) dwelling units in a single primary structure.

  • Multi-Unit Living

    Three (3) or more dwelling units in a single primary structure. Multiple primary buildings are allowed on the same lot.

  • Cottage Court

    A group of small detached houses centered around a common open space or courtyard.

  • Conservation Development

    A conservation development allows smaller lot sizes (with smaller setbacks) and additional density in exchange for protecting a significant amount of open space.

  • Manufactured Home Development

    A site which contains or is intended for the long‐term location of manufactured homes that may include services and facilities for the residents. Includes both manufactured home park (with leased or condominium spaces) and manufactured home subdivision (individually platted spaces). Manufactured home developments must meet standards in CHAPTER 3. ZONING DISTRICTS.

    • Effective on: 1/1/1901

    Sec. 5.2.2. Group Home Living

  • A.
    Group Living Use Category

    Residential occupancy of a structure by a group of people that does not meet the definition of household living. Generally, group living facilities have a common eating area for residents and residents may receive care or training. Group living includes the following uses.

    1. 1.
      Group home.
    2. 2.
      Special care facilities.
  • B.
    Group Home

    A facility that houses not more than 10 children that are either:

    1. 1.
      In need of service under IC 31-34-1; or
    2. 2.
      Children who have committed a delinquent act under IC 31-37-2-2; IC 31-37-2-3; or IC 31-37-2-5.
    3. 3.
      Group homes are not subject to covenants, deeds or other instruments pertaining to the transfer, sale, lease, or use of property that would permit the residential use of property but prohibit the use of that property as a group home as a matter of State public policy reasons. Group homes cannot be prohibited because they are a business, the persons living in a group home are not related, or any other reason. All group homes must abide by State Law and must be a licensed facility with the State, meeting fire codes, building codes, and specific group home regulations.
  • C.
    Special Care Facility
    1. 1.
      Residential Facility for the Developmentally Disabled.
      1. a.
        Large: A residential facility which provides residential services for more than eight (8) developmentally disabled individuals as described in IC 12-28-4. This use is allowed in all Residential Districts.
      2. b.
        Small: A residential facility which provides residential services for eight (8) developmentally disabled individuals or less as described in IC 12-28-4.
    2. 2.
      Residential Facility for the Mentally Ill. A residential facility which provides residential services for mentally ill individuals as described in IC 12-28-4. This use is allowed in Residential Districts, however, no two (2) Residential Facilities for the Mentally Ill shall be within 3,000 feet of each another within the City's planning jurisdiction as stated in Indiana Code.

    • Effective on: 4/21/2025

    5.2.3 Senior Living

    5.2.3

    1. A.
      Senior Living Use Category

    Residential occupancy of an individual or multi-family dwelling unit that may not meet the definition of household living. Generally, senior living communities are for those aged 55 and over. They offer a variety of housing and care options, which are listed below. Assisted Living

    1.    Senior Living Community

    2.    Independent Living

    3.    Assisted Living

    4.    Nursing Home

    B.    Senior Living Community
    A residential community that offers a variety of housing and care options consisting of independent living, assisted living and memory care on a single lot. The spectrum of options allows seniors aged 55 and over to age in place. These communities are under common ownership. Residents may live in single family or multi-family housing with units only rented or leased and not sold.

    C.    Assisted Living 
    A residential community for those who require long-term assistance with activities of daily living including limited on-site rehabilitation and medical care. The building does not contain equipment for surgical care or for treatment of disease or injury and is not primarily designed for residents needing 24-hour monitoring and medical assistance by trained medical staff and treatment for mental illness or alcohol or drug addiction. Assisted living communities primarily have apartment-like private rooms that are not shared by non-related persons. They may provide memory care services for those with Alzheimer’s or dementia.  In the memory care wing or floor, residents may share rooms with non-related persons.  

    D.    Independent Living
    A residential community for those who do not need assistance with activities of daily living but would like services that may include daily meals, housekeeping and laundry services, wellness team, security, transportation, access to on-site activities, amenities and events, etc. Residential units associated with senior living communities are only rented or leased and not sold. These units may consist of single-family homes, duplexes, apartments, condos, townhomes, etc.

    E.    Nursing Home
    A residential community for those who require either short- or long-term assistance with activities of daily living including 24-hour monitoring and medical assistance by trained medical staff, in-house rehabilitation services and specialized care. They do not provide care or treatment to those with a serious illness like a hospital. Nursing homes primarily have dorm – style living that may be private or shared with non-related persons. They may provide memory care services for those with Alzheimer’s or dementia and mental health services.

    Effective on: 4/21/2025

    Sec. 5.3.1. Civic

  • A.
    Civic Use Category

    Places of public assembly that provide ongoing governmental, life safety, educational and cultural services to the public, as well as meeting areas for religious practice. Buildings and structures for civic uses shall comply with Article 6.13. Permitted Non-residential Structure Standards. Non-profit civic uses are not permitted within the I-69 Overlay District (see also CHAPTER 4. OVERLAY ZONING DISTRICTS). Civic uses include , but are not limited to, the following uses as examples:

    1. 1.
      Cemetery.
    2. 2.
      Civic Club
    3. 3.
      Hospital
    4. 4.
      Museum, library.
    5. 5.
      Places of worship including church, mosque, synagogue, temple.
    6. 6.
      Police, fire, EMS station.
    7. 7.
      School, public or private (K-12).
    8. 8.
      School, Trade or Business
  • B.
    Cemetery

    Land used for the burial of the dead and dedicated for cemetery purposes, including columbaria, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery. Cemeteries shall comply with the following standards.

    1. 1.
      Wall and Fence Standards: All cemeteries shall incorporate a perimeter fence or wall that is at least 48 inches tall but no taller than 72 inches. Fencing shall not be chain-link.
    2. 2.
      Setback Standards:
      1. a.
        Any burial space shall be set back at least 100 feet from any existing or proposed easement or right-of-way.
      2. b.
        Any permanent structure erected for the interment, entombment, or inurnment of human remains shall be set back at least 100 feet from the nearest property line.
  • C.
    Place of Worship

    A building set apart and/or consecrated for religious purposes and public worship.

  • D.
    School, Public or Private (K-12)

    A public or private (including charter or religious) school at the primary, elementary, middle, junior high or high school level that provides basic academic education.

    • Effective on: 4/21/2025

    Sec. 5.3.2. Parks, Open Space & Greenways

  • Parks, Open Space and Greenways Use Category

    Uses focusing on natural areas consisting mostly of vegetation, passive or active outdoor recreation areas and having few structures. Parks, open space and greenway uses include, but are not limited to, the following uses as examples:

    1. Botanical garden, nature preserve, recreational trail, greenway.
    2. Game preserve, wildlife management area, refuge, animal sanctuary.
    3. Park, recreation field. A public park may contain civic uses such as a community center, museum or library.
    4. Reservoir, control structure, water supply, water well.
  • Outdoor Living History Museum.

    The Outdoor Living History Museum established to provide for the education of the public regarding the life and times of the first generation of Indiana settlers. The use standards for the Outdoor Living History Museum is provided below:

    1. Approval. Development Plan approval required for all developments.
    2. Height. One (1) primary structure not to exceed 50 feet; all other structures not to exceed 35 feet; exhibits/attractions related to the outdoor living history museum exempt from these height standards.
    3. Minimum Lot Area. 150 acres.
    4. Minimum Lot Width at Building Line. 1,000 feet.
    5. Minimum Lot Frontage. 500 feet.
    6. Sewer and Water. Requires municipal water or sewer hookup.
    7. Minimum Front Setback. 100 feet.
    8. Minimum Side Setback. 50 feet
    9. Minimum Rear Setback. 100 feet
    10. Buffer Yard. Additional Buffer Yard requirements may apply that increases the setbacks. See also Sec. 6.7.5. Buffer Yards.
    11. Maximum Impervious Surface Coverage. 40%
    12. Primary/Accessory Structures. More than one Primary Structure and more than one accessory structure shall be permitted on one tract of land.
    13. Access. Entrances and exits shall be located to minimize any adverse effect on adjacent properties.
    14. Parking. Off-street parking spaces shall be provided on site for any use and shall consist of not fewer than 620 improved parking spaces.
    15. Storage. Outside storage, where necessary, shall be in a manner which will minimize its visibility from areas adjoining the project site.

    • Effective on: 7/20/2018

    Sec. 5.3.3. Utilities

  • Minor Utilities Use Category

    Public or private infrastructure serving a limited area with no on-site personnel. Minor utilities include, but are not limited to, the following uses as examples:

    1. On-site stormwater retention or detention facility.
    2. Neighborhood-serving cable, telephone, gas or electric facility.
    3. Sustainable energy system.
    4. Water and wastewater pump station or lift station.
    5. Electrical substation.
    6. Utility service.
  • Major Utilities Use Category

    Public or private infrastructure serving the general community and possibly having on-site personnel. Major utilities include the following uses.

    1. Electric or gas generation plant.
    2. Water or sanitary sewer treatment plant.
  • Telecommunication Facilities

    A land based facility, consisting of towers, antennas, accessory buildings and structures or other structures intended for use as it relates to commercial transmission or receipt of radio or television signals, or any other spectrum-based transmissions/receptions Telecommunication facilities are allowed in nonresidential zoning districts and shall comply with the following use standards:

    1. Setbacks.
      1. All telecommunication towers shall be set back from any property line a distance equal to at least 80% of the height of the tower;
      2. A telecommunication tower shall be 500 feet from any residential structure; and
      3. Telecommunication towers are generally not permitted in established front yards, except where evidence provided by the petitioner demonstrates that placement in an established front yard would provide the best camouflage for the tower.
    2. Design. All telecommunication towers shall be a monopole design.
      1. Buffer Requirements. The location of the tower and equipment buildings shall comply with all local, State and federal natural resource protection standards. The following buffer planting shall be located around the outermost perimeter or security fence of a telecommunication facility:
        1. An eight-foot (8’) high wood fence or brick masonry wall shall completely surround the entire telecommunications facility, excluding guy wires.
        2. A live evergreen screen consisting of a hedge, planted five (5) feet on center maximum, or a row of evergreen trees planted a maximum of 10 feet on center shall be planted outside the fence around the entire telecommunication facility and each of the guy wires and anchors, if used, and the height of all plants at the time of planting shall be no less than five (5) feet;
        3. Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible on the entire site;
        4. Existing evergreen vegetation outside the fence or wall may be counted toward the evergreen screen.
    3. Access. Proposed telecommunication towers and antennas shall meet the following access requirements:
      1. Vehicular access to the tower and equipment building shall be provided along any existing driveways, whenever feasible; and
      2. The telecommunication facility shall be fully automated and unattended daily, and may be visited only for periodic maintenance, emergencies, installations or equipment removal.
    4. Design. Proposed telecommunication towers and antennas shall meet the following design requirements:
      1. Telecommunication towers and antennas shall be designed to blend into the surrounding environment using camouflaging, color and architectural treatment, except in an instance where the color is dictated by federal or State authorities such as the Federal Aviation Administration (FAA).
      2. The entire facility shall be aesthetically and architecturally compatible with its environment. The use of materials compatible with the surrounding environment such as wood, brick, or stucco is required for associated support structures, which shall be designed to architecturally match the exterior of residential or commercial structures within the neighborhood or area. If the facility is screened 100% during all seasons with an eight-foot (8’) tall wood privacy fence and evergreen screen, other materials may be approved.
      3. Lighting for safety or security reasons, or required by the FAA or other federal or State authority is permitted. All required lighting shall be oriented inward so as not to project onto surrounding residential properties.
    5. Collocation Requirements.
      1. At a minimum, a monopole shall be constructed to support the initial user plus the anticipated loading of the number of additional users required in accordance with this UDO.
      2. Minimum number of additional antenna sites to be provided on an 80-foot tower is two (2).
      3. The site of the initial telecommunication tower and telecommunication facility shall be of sufficient area to allow for the location of additional equipment.
      4. Any proposed telecommunication tower shall be designed, and engineered structurally, electrically and in all other respects, to accommodate both the initial use and the additional users as required in accordance with this UDO. Telecommunication towers shall be designed to allow for future rearrangement of cellular communication equipment and antennas upon the tower and to accept cellular communication equipment and antennas mounted at varying heights.
    6. Siting Requirements. A proposal for a new telecommunication tower shall not be approved unless the petitioner submits verification that the telecommunication equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or buildings or other structure due to one (1) or more of the following reasons:
      1. The planned telecommunication equipment would exceed the structural capacity of the existing or approved towers, buildings, or structures as documented by a qualified and licensed professional engineer, and the existing or approved towers, buildings or structures cannot be reinforced, modified, or replaced to accommodate the planned telecommunication equipment at a reasonable cost.
      2. The planned telecommunication equipment would cause interference impacting the usability of other existing telecommunication equipment at the site if placed on existing structures. Supportive documentation by a qualified and licensed professional engineer indicating that the interference cannot be prevented at a reasonable cost.
      3. The existing or approved towers, buildings or structures within the search radius cannot accommodate the planned telecommunication equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.
      4. Other unforeseen reasons that make it unfeasible or impossible to locate the planned telecommunication equipment upon an existing or approved tower, building or structure.
      5. The petitioner has been unable to enter a commonly reasonable lease term with the owners of existing towers, buildings or structures.
      6. Additional land area is not available at the base of existing towers, buildings or structures to accommodate the proposed telecommunication facility.
    7. Construction Requirements. All antennas, telecommunication towers, accessory structures and any other wiring constructed within the Commission’s jurisdiction shall comply with the following requirements:
      1. All applicable provisions of this UDO and the Building Code of the State of Indiana, as amended, and the Federal Communications Commission (FCC) when applicable.
      2. All telecommunication towers and telecommunication equipment shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the Uniform Building Code, as amended, and the Electronics Industry Association.
      3. Except for necessary electric and telephone service and connection lines approved by the Board, no part of any telecommunication equipment, telecommunication tower, lines, cables, equipment, wires or braces in connection with either shall at any time extend across or over any part of a right-of-way, public street, highway, sidewalk, trail or property line without appropriate approval in writing.
      4. All telecommunication towers and telecommunication equipment shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code, as amended.
      5. All telecommunication towers and telecommunication equipment shall be constructed to conform with the requirements of the Occupational Safety and Health Administration (OSHA).
      6. All signal and remote-control conductors of low energy extending substantially horizontally above the ground between a tower and other telecommunication equipment, or between towers, shall be at least 10 feet above the ground at all points, unless buried underground.
      7. All telecommunication towers and telecommunication equipment shall be designed and constructed to all applicable standards of the American National Standards Institute (ANSI) manual, as amended.
      8. An engineer’s certification shall be submitted for all telecommunication towers and all other telecommunication equipment to document and verify the design specifications, including, but not limited to, the foundation for all towers, anchors for all guy wires (if used), the location of all collocation sites, strength requirements to withstand natural forces such as ice, wind, earth movements, etc.
      9. All telecommunication towers and telecommunication equipment shall be designed and constructed, at a minimum, to withstand wind gusts of at least 80 miles per hour with one-half (½) inch of ice and to accommodate all collocation sites as required by this UDO.
    8. Existing Structures. The following shall apply to existing antennas, telecommunication towers and telecommunication equipment:
      1. Existing structures may continue in use for the purpose now used and as now existing, but may not be replaced or significantly structurally altered without complying in all respects to the requirements set out in this UDO.
      2. All requests to install any telecommunication equipment on an existing approved or “grandfathered” tower, building or structure shall be submitted to the Department for approval. All such requests will only require an electrical permit, Department zoning approval, and the contract between the petitioner and the owner of the existing tower, building or structure, unless other approvals are required as set out in this UDO.
    9. Inspection of Towers. The following shall apply to the inspection of telecommunication towers:
      1. All telecommunication towers may be inspected at least once every year - or more often as needed to respond to complaints received - by the Department, the Director of Engineering, and/or a qualified and licensed consulting engineer to determine compliance with the original construction standards. Deviation from original construction for which any permit was obtained constitutes a violation of this UDO.
      2. Notice of Violation will be sent by registered mail to the owner and the owner will have 30 days from the date the notification is issued to make repairs. The owner is required to notify the Department of Community Development that the repairs have been made, and as soon as possible thereafter, another inspection will be made and the owner notified of the results.
    10. Abandoned Towers. Any telecommunication tower unused or left abandoned for six (6) months will be removed by the tower owner at its expense. Should the owner fail to remove the telecommunication tower after 30 days from the date a Notice of Violation is issued, the City may remove the telecommunication tower and bill the owner for the costs of removal and cleanup of the site.
  • Micro (Small Cell) Towers
    1. Purpose. The purpose of this Section is to provide for sensible and reasonable land use standards to allow for the provision of adequate reliable public and private telecommunication service and small cell facilities for telecommunications to serve the telecommunications needs of the area and undesirable visual effects of such small cell facilities and to provide for the reasonable location of such facilities in the City.
    2. Limitation to JURIS-OL. Small cell facilities for telecommunications are limited to placement in the JURIS-OL zoning district. Small cell facilities for telecommunications are not permitted within JURIS-OL right-of-way having "Local" functional classification as defined in the City's Transportation Plan.
    3. Definitions. For purposes of this Section, the following words are consistent with State Law, the words and phrases below are defined as follows:

    • Sec. 5.4.1. Child Care

  • A.
    Child Care Use Category
    1. 1.
      Child Care Center.
    2. 2.
      Child Care Home.
    3. 3.
      Child Care Institution.
    4. 4.
      Child Care Ministry.
  • B.
    Child Care Center
    1. 1.
      Use Standard. Regarding IC 12-17.2, a nonresidential structure where at least one (1) child receives child care from a provider:
      1. a.
        While unattended by a parent, legal guardian, or custodian;
      2. b.
        For regular compensation; and
      3. c.
        For more than four (4) hours but less than 24 hours in each of 10 consecutive calendar days per year, excluding intervening Saturdays, Sundays, and holidays.
  • C.
    Child Care Home
    1. 1.
      Use Standard. Regarding IC 12-17.2, a residential structure in which at least six (6) children (not including the children for whom the provider is a parent, stepparent, guardian, custodian, or other relative) at any time receive child care from a provider:
      1. a.
        while unattended by a parent, legal guardian, or custodian;
      2. b.
        for regular compensation; and
      3. c.
        for more than four (4) hours but less than 24 hours in each of 10 consecutive calendar days per year, excluding intervening Saturdays, Sundays, and holidays.
      4. d.
        This definition includes Class I Child Care Homes that serve any combination of full-time and part-time children under the age of seven (7) but not to exceed 12 children at any one time; and Class II Child Care Homes that serve more than 12 children but not more than any combination of 16 full-time and part-time children under the age of seven (7) at any one time.
  • D.
    Child Care Institution
    1. 1.
      A residential facility that provides child care on a 24-hour basis for more than 10 children; or
    2. 2.
      A residential facility with a capacity of not more than 10 children that does not meet the residential structure requirements of a group home; or
    3. 3.
      All the following:
      1. a.
        Operates under a license issued under IC 12‑17.4;
      2. b.
        Provides for delivery of mental health services that are appropriate to the needs of the individual; and
      3. c.
        Complies with the rules adopted under IC 4‑22‑2 by the Division of Family and Children.
    4. 4.
      A child care institution does not include a juvenile detention facility.
  • E.
    Child Care Ministry
    1. 1.
       Pursuant to IC 12-17.2, a child care operated by a church or religious ministry that is a religious

      organization exempt from federal income taxation under Section 501 of the Internal Revenue Code. It’s

      a use accessory to a primary Place of Worship use.

    • Effective on: 4/21/2025

    Sec. 5.4.2. Indoor Entertainment and Recreation

  • A.
    Indoor Entertainment and Recreation Use Category.

    Commercial uses, varying in size, providing daily or regularly scheduled entertainment-oriented activities in an indoor setting. Indoor entertainment includes the following uses.

    1. 1.
      Adult establishment.
    2. 2.
      Amusement center, game arcade, children’s amusement center.
    3. 3.
      Billiard hall, pool hall.
    4. 4.
      Bingo hall.
    5. 5.
      Bowling alley.
    6. 6.
      Convention center, arena.
    7. 7.
      Dance, martial arts, music studio or classroom.
    8. 8.
      Event venue.
    9. 9.
      Health club.
    10. 10.
      Performance venue.
    11. 11.
      Shooting range.
    12. 12.
      Sports academy.
    13. 13.
      Miniature golf facility.
    14. 14.
      Motor track.
    15. 15.
      Movie theater or other indoor theater.
    16. 16.
      Skating rink.
  • B.
    Adult Entertainment Establishment.
    1. 1.
      Defined.

    • Sec. 5.4.3. Medical

  • Medical Use Category

    A facility providing medical or surgical care to patients. Some facilities may offer overnight care. Medical uses include, but are not limited to, the following uses as examples:

    1. Ambulatory surgical center.
    2. Blood plasma donation center, medical or dental laboratory.
    3. Hospital, urgent care, emergency medical office.
    4. Medical, dental office or chiropractor, osteopath, physician, medical practitioner.
    5. Medical clinic.
  • Use Standard
    1. Medical in the EN Zoning District is limited to medical dental office or chiropractor, osteopath, physician, medical practitioner. Hospitals, surgery centers, clinics, and the like are not allowed in the EN and MA Districts. 
  • Clinics
    1. Defined. An establishment in which patients are admitted for medical or dental study or treatment and in which the services of at least two (2) physicians, dentists or chiropractors and other medical practitioners are provided.
    2. Use Standard. Clinics are not a medical office, and are held to higher parking standards and not allowed in all the same zones as medical office use.

    • Effective on: 1/1/1901

    Sec. 5.4.4. Office

  • A.
    Office Use Category

    Activities conducted in an office setting and generally focusing on business, professional or financial services. Office uses include, but are not limited to, the following uses as examples:

    1. 1.
      Business services including, but not limited to, advertising, business management consulting, data processing or collection agency.
    2. 2.
      Professional services including, but not limited to, lawyer, accountant, bookkeeper, engineer, architect, sales office or travel agency.
    3. 3.
      Financial services including but not limited to, lender, investment or brokerage house, bank, call center, bail bonds, insurance adjuster, real estate or insurance agent or mortgage agent.
    4. 4.
      Charitable institution (not providing housing or shelter).
    5. 5.
      Counseling in an office setting.
    6. 6.
      City, county, state, federal government office.
    7. 7.
      Radio, TV or recording studio, utility office.

    • Effective on: 4/21/2025

    Sec. 5.4.5. Outdoor Recreation

  • Outdoor Recreation Use Category

    Uses, varying in size, providing daily or regularly scheduled recreation-oriented activities. Activities take place predominately outdoors or within outdoor structures. Outdoor recreation uses include, but are not limited to, the following uses as examples:

    1. Camp, campground, travel trailer park, recreational vehicle park.
    2. Drive-in theater.
    3. Golf course, Commercial.
    4. Extreme sports facility such as paintball, BMX or skateboarding.
    5. Outdoor sports-related commercial activity such as batting cage, golf driving range, amusement park, miniature golf facility, water park.
    6. Outdoor theater.
    7. Outdoor sports or entertainment facility.
    8. Riding stable.
    9. Racetrack.
    10. Shooting range.
    11. Sports academy for active recreational or competitive sports.
    12. Stadium, arena.

    • Effective on: 1/1/1901

    Sec. 5.4.6. Overnight Lodging

  • A.
    Overnight Lodging Use Category

    Accommodations arranged for short term stays. Overnight lodging includes the following uses:

    1. 1.
      Bed and breakfast
    2. 2.
      Hotel, motel.
  • B.
    Bed and Breakfast
    1. 1.
      Defined. An operator-occupied historic residence or expanded historic residence that:
      1. a.
        Provides sleeping accommodations to the public for a fee;
      2. b.
        Has no more than 14 guest rooms;
      3. c.
        Provides breakfast to its guests as part of the fees; and,
      4. d.
        Provides sleeping accommodations for no more than 30 consecutive days to a guest.
      5. e.
        The term does not include hotels, motels, health or limited care facilities, boarding houses, group quarters, hospice, rescue missions or food service establishments.
    2. 2.
      Use Standards. A bed and breakfast shall be permitted in the ER, R1, R2, C1, OS, and AG Districts if the use complies with all requirements of these standards. The following general standards are applicable to any person, group, firm, business or organization engaging in the use of any property for a bed and breakfast:
      1. a.
        The uses and operations shall be conducted within enclosed buildings. All on-site vehicular circulation and traffic patterns shall be approved by the Commission.
      2. b.
        No show windows or other exterior display, displaying, promoting or advertising services retained, offered, promoted or advertised by the use occupying the premises shall be permitted.
      3. c.
        No person, group, firm, business or organization shall engage in the use of any property for a bed and breakfast without first:
        1. i.
          Obtaining the necessary permits and approvals, as required in the underlying zoning district;
        2. ii.
          Complying with all required conditions and standards of development and operation;
        3. iii.
          Complying with all standards adopted by the Indiana State Board of Health, and/or the Hamilton County Health Department, for food preparation and handling and sanitation in bed and breakfast establishments;
        4. iv.
          Complying with all fire safety standards as established by the Fire Prevention and Building Safety Commission for bed and breakfast establishments; and
        5. v.
          Obtaining the necessary tourist facility licensing by the appropriate agency.
      4. d.
        It is the express intent of this Section to limit permitted uses in a bed and breakfast inn to provide sleeping accommodations to the public for a fee, and to providing breakfast to guests as part of that fee. Therefore, no accessory use subordinate to a bed and breakfast inn is permitted. By way of illustration, and not by way of limitation, bed and breakfast inns may not:
        1. i.
          Operate beauty and barber shops;
        2. ii.
          Provide recreation facilities to serve the public, guests and employees;
        3. iii.
          Provide facilities for conferences and meetings to anyone other than registered guests;
        4. iv.
          Operate a commercial restaurant business;
        5. v.
          Operate a clothes and cleaning pick-up business; or
        6. vi.
          Obtain an Alcoholic Beverage Permit.
      5. e.
        It is the intent of this Section to limit each lot area to one (1) historic residence or one (1) expanded historic residence. Historic residences and/or expanded historic residences cannot be combined or attached by way of architectural addition or otherwise.
        1. i.
          The location of a bed and breakfast in a residential zoning district is not intended nor should it be construed as changing the character of the residential zoning district. Such location in a residential zoning district may not serve as the basis for the granting of a variance or rezone for commercial or industrial development in the residential zoning district.
        2. ii.
          Hours of operation shall not interfere with the use and enjoyment of adjacent residential properties.
      6. f.
        Bed and breakfast inns shall have a minimum lot area of two (2) acres. nonresidential zoning districts shall meet the lot area requirements of the underlying zoning district.
      7. g.
        Bed and breakfast inns shall provide one (1) parking space per guest room, plus one (1) parking space for each employee.
      8. h.
        All front, side, and rear setbacks shall comply with the underlying zoning district requirements.
  • C.
    Extended Stay Motel/Hotel/Inn
    1. 1.
      Defined. A facility that contains one (1) or more rooms for overnight guests containing registration facilities, on-site management, cleaning services and combined utilities.
    2. 2.
      Use Standards. In the I1 Zoning District, any extended stay motel, hotel or inn shall be within 3,000 feet of the centerline of the I-69 interchange at its intersection with the centerline of 96th Street.
  • D.
    Short-term Rentals
    1. 1.
      Defined. Short-term rental means the rental of any of the following property types for less than 30-day periods:
      1. a.
        Short-Term Rental. In accordance with IC 36-1-24-6, the rental of a single-family home, an 
        accessory dwelling unit, a duplex, a multi-family dwelling, or a condominium, or a unit within the 
        stated residential buildings, for terms of less than thirty (30) days at a time through a short-term 
        rental platform.
      2. b.
        Short-Term Rental, Owner-Occupied. In accordance with IC 36-1-24-3, means property that is 
        the owner's primary residence and is offered to the public as a short-term rental.  
      3. c.
        Short-Term Rental, Not Owner-Occupied. Is a short-term rental property that is not property 
        owner’s primary residence. 
    2. 2.
      Use Standard.
      1. a.
        A short-term rental of an owner occupied short-term rental property is a permitted residential use without a permit.
      2. b.
        For short-term rental properties that are not owner occupied, a Special Exception is required in accordance with Sec. 10.2.19. Special Exception.
      3. c.
        Short-term rentals shall be operated in accordance with Indiana State Law, and shall be enforced in the same manner that is consistent with similar properties that are not short-term rentals.
      4. d.
        If three (3) or more citations from the City are issued to an owner for a permitted property within a calendar year, the City may revoke the permit for that permitted property for a period of not more than one (1) year after the date the permit is revoked. The City shall provide notice and hold a hearing for revocation in accordance with Article 10.1. Procedures.
      5. e.
        An owner may apply for a permit for a short-term rental for which a previous permit of the owner was revoked. However, a new permit may not be issued until any outstanding fines are paid.

    • Effective on: 4/21/2025

    Sec. 5.4.7. Personal Service

  • A.
    Personal Service Use Category

    Facilities involved in providing personal or repair services to the public. Personal service uses include, but are not limited to, the following uses as examples:

    1. 1.
      Beauty/hair salon.
    2. 2.
      Catering establishment.
    3. 3.
      Cleaning establishment, dry-cleaning or laundry drop-off facility, laundromat.
    4. 4.
      Copy center.
    5. 5.
      Funeral home, funeral parlor, mortuary, undertaking establishment, crematorium, pet crematorium.
    6. 6.
      Locksmith.
    7. 7.
      Massage therapy or day spas.
    8. 8.
      Nail salons.
    9. 9.
      Optometrist.
    10. 10.
      Palmist, psychic, medium, fortune telling.
    11. 11.
      Repair of appliance, bicycle, canvas product, clock, computer, jewelry, musical instrument, office equipment, radio, shoe, television or watch.
    12. 12.
      Tailor, milliner, upholsterer.
    13. 13.
      Wedding chapel.
  • B.
    Use Standards for All Personal Service Uses
    1. 1.
      A personal service use in an EN Zoning District is subject to the following:
      1. a.
        Hours of operation can begin no earlier than 6 AM and end no later than 11 PM, including all deliveries.
      2. b.
        The floor area cannot exceed 15% of the gross floor area of the entire building or 4,000 square feet, whichever is greater.
      3. c.
        Must be within or attached to a multi-tenant building, cannot be in a standalone building.

    • Effective on: 4/21/2025

    Sec. 5.4.8. Restaurant/Bar

  • Restaurant/Bar Use Category

    A facility that prepares and sells food and drink for on- or off-premise consumption. Restaurant uses include, but are not limited to, the following uses as examples:

    1. Bar, nightclub, tavern, lounge.
    2. Eating establishment.
    3. Fast food/quick service.
  • Bar, Nightclub, Tavern, Lounge
    1. Defined. A facility that prepares and sells food and drink that has alcoholic beverage sales more than 70% of the business’s total annual sales.
  • Eating Establishment
    1. Defined. A facility that prepares and sells food and drink that may or may not have alcoholic beverage sales. If allowed in no case can alcoholic beverage sales exceed 70% of the business’s total annual sales.
    2. Use Standards.
      1. An eating establishment in an EN Zoning District is subject to the following:
        1. Must be within or attached to a multi-tenant building, cannot be in a standalone building.
        2. The floor area cannot exceed 15% of the gross floor area of the entire building or 4,000 square feet, whichever is greater.
        3. Hours of operation can begin no earlier than 6 AM and end no later than 11 PM, including all deliveries.
        4. Drive-thru or drive-in facilities are not allowed.
        5. Must be located at least 150 feet from an abutting residential zoning district (measured in straight line from the nearest point of the building containing the eating establishment to the boundary line of the abutting residential district).
  • Fast Food/Quick Service
    1. Defined. Restaurant where food is prepared and available before an order is placed, the meal is paid for prior to consumption, customers often order from a menu board, are served their food at a counter or in a motor vehicle in packages prepared to leave the premises or may be taken to a table or counter to be consumed.
    2. Use Standard.
      1. A take-out restaurant under 2,000 square feet gross floor area which sells prepared food shall be entitled to two (2) serving tables or a maximum of eight (8) seating without reclassification as a restaurant for zoning purposes. These tables may be located indoors or on an outdoor patio. When three (3) or more tables are provided, the use shall be deemed a restaurant.
      2. Drive-up windows, exterior menu boards, and speakers, associated with a restaurant or coffee house, shall be located no closer than 400 feet to any building that is zoned or used for residential purposes.
      3. Drive-up windows, exterior menu boards, and speakers, associated with a commercial service, that is not a restaurant or coffee house, shall be located no closer than 200 feet to any building that is zoned or used for residential purposes.

    • Effective on: 1/1/1901

    Sec. 5.4.9. Retail Sales

  • A.
    Retail Sales Use Category

    Facilities involved in the sale, lease, or rental of new or used products. Retail sale uses include, but are not limited to, the following uses as examples:

    1. 1.
      Antiques, appliances, art supplies, baked goods, bicycles, books, building supplies, cameras, carpet and floor coverings, crafts, clothing, computers, convenience goods, dry goods, electronic equipment, fabric, flowers, fuel (including gasoline and diesel fuel), furniture, garden supplies, gifts or novelties, groceries, hardware, home improvement, household products, jewelry, medical supplies, music, musical instruments, office supplies, package good stores (alcohol), package shipping, pets, pet supplies, pharmaceuticals, photo finishing, picture frames, plants, printed materials, produce, seafood, souvenirs, sporting goods, stationery, tobacco, used or secondhand goods, vehicle parts and accessories, videos and related products.
    2. 2.
      Art gallery.
    3. 3.
      Brewery, low intensity.
    4. 4.
      Check cashing, payday loan.
  • B.
    Brewery, Low Intensity
    1. 1.
      Defined. Brewery, low-intensity: An establishment in which the brewing of beer is the ancillary use commonly associated with tap-rooms, tasting-rooms, and/or dining areas which allow on-site consumption. Limitations for manufacturing and distribution of beer are defined by Indiana Law, which may change from time to time. Example business include: brewpub, microbrewery, and nanobrewery.
  • C.
    Electric Vehicle Charging
    1. 1.
      Defined. 
      1. a.
        EV Charging Station (EVCS). A parking space, or parking spaces, that is, or are, equipped with 
        and served by electric vehicle supply equipment for the purpose of transferring electric energy to 
        a battery or other energy storage device in an electric vehicle. The most common verbiage to 
        describe different levels of charging are Level 1, 2, and 3, and include the following specifications: 
        1. 1.
          Level 1 is considered slow charging and operates on a 15 to 20 amp breaker on a 120 volt AC 
          circuit. 
        2. 2.
          Level 2 is considered medium charging and operates on a 40 to 100 amp breaker on a 208 or 
          240 volt AC circuit. 
        3. 3.
          Level 3 and higher or DCFC (Direct Current Fast Charging) is considered “fast” or “rapid” 
          charging and typically operates on a 60 amp or higher breaker on a 480 volt or higher three 
          phase circuit with special grounding equipment. Level 3 stations are primarily for commercial 
          and public applications and are typically characterized by industrial grade electrical outlets that 
          allow for faster recharging of electric vehicles. 
      2. b.
        EV Charging Facility (EVCF). A facility where electricity is provided directly to the public on the 
        premises for purposes of charging electric vehicles at one or more electric vehicle charging 
        stations. EV Charging Facility may have a combination of different levels of charging. An Electric 
        Vehicle Charging Facility may also retail minor accessories but may not provide other types of 
        vehicle fuel, such as gasoline. 
    2. 2.
      Applicability. Any new development or redevelopment shall provide the minimum required accessory 
      EV Charging Stations pursuant to Section 6.11.11 of the parking development standards. 
    3. 3.
      Permitting.
      1. a.
        The following uses are exempt from applying for a permit for EVCS installation: residential dwelling 
        units that use Level 1 charging or plug Level 2 EVSE equipment into an existing electric outlet 
        inside or outside of the garage. All other developments and redevelopments shall apply for an 
        applicable permit.
      2. b.
        All electric upgrades necessary for installing EVCS on site shall be permitted per applicable 
        building and electric code standards.  
    4. 4.
      EVCS Use standards:
      1. a.
        The accessory EVCS shall be located on the same lot as the primary use.
      2. b.
        Location. The EVSE accessory equipment may be located in any yard.  
      3. c.
        Setbacks. Any EVCS equipment and accessory equipment shall meet the minimum setbacks of 
        the underlying zoning district. 
      4. d.
        Encroachment. The chargers, accessory equipment, and protective barriers (e.g., bollards) 
        cannot be located more than 2 feet into required landscape area. 
      5. e.
        Signage. EVCS shall be signed in a clear and conspicuous manner, such as special pavement 
        marking or signage, indicating exclusive availability to electric vehicles.  
        1. 1.
          Exemption. A parking space or garage devoted for the use of a specific dwelling unit and 
          located on the same lot as the dwelling unit is exempt from this requirement. 
      6. f.
        Screening.
        1. 1.
          The EVSE accessory equipment must be screened in the same manner as mechanical and 
          utility equipment per Section 6.2.6.  
        2. 2.
          Where the screening wall/fence span is longer than 40 feet, then in addition to the screening 
          requirements per Sec. 6.2.6, 1 evergreen small tree per 10 lineal feet of the screening wall shall 
          be provided.
        3. 3.
          Exemption. These screening standards are not applicable when EVCS is installed inside of a 
          parking garage.
      7. g.
        EV Parking Space Design Standards. These standards are outlined in Section 6.11.11 of the 
        parking development standards. 
      8. h.
        Electric Utility Sign-Off. For EVCS spaces that use Level 3 (DCFC) charging, a sign-off letter 
        from an electric utility is required to be submitted with the permit application to show that the utility 
        can provide necessary electric power to the chargers. 
    5. 5.
      EVCF Use standards. In addition to the standards for each individual EV charging station stated in 
      this section under Sec 5.4.9.C.4, the following shall apply to the EV charging facility:  
      1. a.
        The circulation of vehicle movement on site shall be designed in a safe way to accommodate 
        vehicle movement without having to go through an EVCS space/bay as well as provide for a safe 
        way for vehicles to move in and out of the EVCS space/bay.  
      2. b.
        Each entrance to, and exit from, an EVCS space/bay shall be clearly marked to show the direction 
        of traffic flow by signs and/or pavement markings or raised curbs. 
      3. c.
        The width of each charging bay shall be at least 12 feet. 
      4. d.
        The length of each charging bay shall be enough to accommodate parking of a vehicle of 
        appropriate size (e.g., semi-truck, bus, etc.). 
      5. e.
        Landscaping requirements: 
        1. 1.
          The landscape requirements pursuant to Article 6.7 apply to EVCF. 
        2. 2.
          The parking lot landscaping standards shall apply as required per Section 6.11.4 except for the 
          following: 
          1. a.
            The interior, terminal, and median landscape islands for the regular-sized EVCS parking 
            spaces shall be provided pursuant to Sec 6.11.4. 
          2. b.
            The interior, terminal, and median landscape islands for the oversized EVCS bays do not 
            need to follow the requirements listed in Sec 6.11.4 as they relate to the required number, 
            arrangement, and spacing of the said islands. However, landscape islands shall be provided 
            throughout the site to help achieve the required Tree Canopy requirement.  
  • D.
    Grocery
    1. 1.
      Defined. A self-serve retail market selling foods and household merchandise.
  • E.
    Special Handling
    1. 1.
      Defined. Retail businesses that sell products that require special handling due to risks to public safety. Example businesses include: fireworks sales, gun sales, and hunting stores.
  • F.
    Vehicle Fuel Sales
    1. 1.
      Defined. Facility where fuel is dispensed and/or other light maintenance activities take place within the building on customer vehicles such as battery replacement, tire installation/repair, and other minor mechanical repairs.
    2. 2.
      Use Standard.
      1. a.
        Vehicle fuel sales shall have no more than eight (8), double-sided, vehicle fueling dispensers.
      2. b.
        Vehicle fuel sales shall be screened in accordance with the parking lot landscaping standards cited in Article 6.7. Landscaping Standards.
      3. c.
        Vehicle fuel sales shall be associated with a convenience store with a maximum building footprint of 4,000 square feet.
      4. d.
        Vehicles being serviced shall not be stored outside overnight.
      5. e.
        Kiosks of any kind are prohibited.
      6. f.
        Canopies shall be no taller than 14 feet and shall be architecturally compatible with the primary structure.
      7. g.
        Illuminance under the canopy shall be no more than 300 luces.
  • G.
    Use Standards
    1. 1.
      A retail sales use in an EN Zoning District is subject to the following:
      1. a.
        Must be within or attached to a multi-tenant building, cannot be in a standalone building.
      2. b.
        The floor area of the retail use cannot exceed 15% of the gross floor area of the entire building or 4,000 square feet, whichever is greater.
      3. c.
        Hours of operation can begin no earlier than 6 AM and end no later than 11 PM, including all deliveries.
      4. d.
        Drive-thru or drive-in facilities are not permitted.
      5. e.
        Vehicle fuel sales, check cashing and payday loan facilities are not permitted.

    • (Ord. 111620B, 12/21/2020) 

    Effective on: 4/21/2025

    Sec. 5.4.10. Vehicle Sales/Rental

  • Vehicle Sales Use Category

    Direct sales, rental or leasing of passenger vehicles, light and medium trucks, and other consumer motor vehicles such as motorcycles, boats and recreational vehicles. Vehicle sale uses include, but are not limited to, the following uses as examples:

    1. Boats and other recreational vehicle sales.
    2. Vehicle sales, rental or leasing.
  • Use Standards
    1. All vehicular display area with frontage on any portion of a street right-of-way (not including an alley) must be screened along the street edge by a 10-foot wide landscape area with a minimum of 30 shrubs every 100 feet. Shrubs must be a minimum of 3 feet 6 inches tall when planted. A decorative block wall equal to the height of the shrubs may be planted in lieu of the shrub plantings.
    2. Vehicle displays shall not be artificially elevated above the general topography of the site.
    3. In a C3 Zoning District, the sales and leasing of motor vehicles for display shall be conducted within a fully-enclosed building. The outdoor display and storage of vehicles for sale or rental is not be permitted.

    • Effective on: 1/1/1901

    Sec. 5.5.1. Light Industrial

  • Light Industrial Use Category

    Manufacturing, assembly, repair or servicing of industrial, business, or consumer machinery, equipment, products, or by-products mainly by providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off-site. Light industrial uses include, but are not limited to, the following uses as examples:

    1. Bottling.
    2. Brewery, winery.
    3. Contractors storage including janitorial and building maintenance service, exterminator, or other maintenance yard or facility, building, heating, plumbing, landscaping or electrical contractor and others who perform services off-site, but store equipment and materials or perform fabrication or similar work on-site.
    4. Food and beverage products except animal slaughter, stockyards.
    5. Lawn, tree or garden service.
    6. Laundry, dry-cleaning, and carpet cleaning plants.
    7. Leather and leather products except tanning and finishing.
    8. Manufactured or modular housing sales.
    9. Outdoor storage yard for vehicles.
    10. Sheet metal, welding, machine, tool repair shop or studio.
    11. Stone, clay, glass, and concrete products.
    12. Trailer leasing, auction vehicle, broker vehicle.
    13. Woodworking, including cabinet makers and furniture manufacturing.
  • Use Standards
    1. Sales Office and Showrooms. Sales offices and showrooms for permitted uses shall comply with the following:
      1. Sales offices and showrooms shall be in the primary structure;
      2. Used for the sale or display of products manufactured and/or warehoused on site; and
      3. Clearly incidental, accessory and subordinate to the operation of the primary use of the lot.
    2. Limited Use. In the EN Zoning District, any light manufacturing shall comply with the following:
      1. Shall be associated with a secondary use that incorporates light industrial as part of the use of the lot.
      2. Loading bays and doors are screened from public rights-of-way or utilize architecture consistent with the other buildings on the site (i.e. glass or steel to match facade systems).
      3. Any materials shipped from facilities in the District must be manufactured within the District.
      4. The use is not within 1,000 feet of a residential zone.
      5. The use may not emit sound from the manufacturing operation beyond the walls of the structure.

    • Effective on: 1/1/1901

    Sec. 5.5.2. Light Manufacturing

  • Light Manufacturing Use Category

    A facility conducting light manufacturing operations within a fully-enclosed building. Light manufacturing uses include, but are not limited to, the following uses as examples:

    1. Clothing, textile apparel manufacturing.
    2. Facilities engaged in the assembly, design, repair or testing of: analyzing or scientific measuring instruments; semiconductor and related solid-state devices, including but not limited to clocks, integrated microcircuits; jewelry, medical, musical instruments, photographic or optical instruments; and timing instruments.
    3. Office showroom/warehouse.
    4. Printing, publishing, and lithography.
    5. Medical equipment
    6. Production of artwork and toys, graphic design sign-making, movie production facility, photo-finishing laboratory.
    7. Repair of scientific or professional instruments and electric motors.
  • Use Standards
    1. Limited Use. In the EN Zoning District, any light manufacturing shall comply with the following:
      1. Shall be associated with a secondary use that incorporates light industrial as part of the use of the lot. 
      2. Loading bays and doors are screened from public rights-of-way or utilize architecture consistent with the other buildings on the site (i.e. glass or steel to match facade systems).
      3. Any products shipped from facilities in the District must be manufactured within the District.
      4. The use is not within 1,000 feet of a residential zone.
      5. The use may not emit sound from the manufacturing operation beyond the walls of the structure.

    • Effective on: 1/1/1901

    Sec. 5.5.3. Research & Development

  • Research & Development Use Category

    A facility focused primarily on the research and development of new products. Research and development uses include, but are not limited to, the following uses as examples:

    1. Laboratories, offices and other facilities used for research and development by or for any individual, organization or concern, whether public or private.
    2. Prototype production facilities that manufacture a limited amount of a product to fully investigate the merits of such a product.
    3. Pilot plants used to test manufacturing processes planned for use in production elsewhere.

    • Effective on: 1/1/1901

    Sec. 5.5.4. Self-Service Storage

  • Self-Service Storage Use Category

    Facilities providing separate storage areas for personal or business use designed to allow private access by the tenant for storing or removing personal property. Self-service storage uses include, but are not limited to, the following uses as examples:

    1. Warehouse, self-service.
    2. Fully enclosed indoor multi-story storage.
    3. Mini-warehouse.
  • Use Standard

    A self-storage facility in the I1 Zoning District is subject to the following:

    1. The minimum size of the site is at least two (2) acres.
    2. All storage shall be contained within a fully-enclosed building. However, the storage of boats, RV’s or other similar vehicles may be permitted in accordance with Article 6.10. Outdoor Display & Storage Standards.
    3. A buffer yard in accordance with Sec. 6.7.5. Buffer Yards must be established along all shared property lines, except for an adjacent self-service storage, light industrial use, or waste-related service.
    4. A buffer yard in accordance with Sec. 6.7.5. Buffer Yards must be established along all property lines abutting a residential use.
    5. A 10-foot wide landscape area with a minimum of 30 shrubs every 100 feet must be established along all property lines abutting a public right-of-way. Shrubs must be a minimum of 3 feet 6 inches tall when planted. A decorative block wall equal to the height of the shrubs may be planted in lieu of the shrub plantings.

    • Effective on: 7/20/2018

    Sec. 5.5.5. Vehicle Service

  • Vehicle Service Use Category

    Repair and service to passenger vehicles, light and medium trucks and other consumer motor vehicles such as motorcycles, boats and recreational vehicles. Vehicle service uses include, but are not limited to, the following uses as examples:

    1. Vehicle repair (minor)
    2. Vehicle repair (major).
    3. Vehicle repair (commercial vehicle).
    4. Car wash.
  • Car Wash
    1. Defined. Facility with mechanical or hand-operated equipment used for cleaning, washing, polishing, or waxing of motor vehicles.
    2. Use Standards.
      1. Car wash facilities located within 200 feet of a Residential District (determined by a straight line from the property line to the District boundary line) shall meet the following requirements:
        1. All washing, waxing, machine drying and related activities and operations shall be conducted entirely within an enclosed building (except for vehicular openings a maximum of 12 feet in width) except for vacuuming, hand washing, hand drying and hand waxing of vehicles, the sale of items from vending machines and refuse storage and disposal.
        2. No vehicular openings providing access to the enclosed building shall face a residential zoning district. For purposes of this section, the building wall providing access shall be at an angle greater than 60 degrees from a residential zoning district line.
        3. All vacuuming and compression machines located outside of the enclosed building shall be of a design that does not exceed a noise level reading of 45 dB(A), as measured from the property line, between the hour of 6 AM to 7 AM and 55 dB(A) at all other lawful hours of operation.
        4. Operation of the establishment shall be prohibited prior to 6 AM and after 11 PM on all days of the week. The hours of operation shall be required to be posted on site at a conspicuous location and all the establishment’s car wash equipment shall be rendered inoperable always other than during its hours of operation.
      2. Accessory car wash facilities shall be prohibited unless one (1) or more of the following exist:
        1. Operation of the facility is after 6:00 AM and before 11:00 PM on all days of the week.
        2. The car wash is equipped only with fully automatic wash equipment so the driver remains in their car during the entire wash process, and all other outdoor on-site customer activities such as vacuuming is prohibited.
  • Vehicle Repair (Minor)
    1. Defined. A facility where minor vehicle repair and service is conducted. Includes audio and alarm installation, custom accessories, quick lubrication facilities, minor scratch and dent repair, bed-liner installation and glass repair or replacement.
    2. Use Standards.
      1. A buffer yard in accordance with Sec. 6.7.5. Buffer Yards must be established along all property lines abutting a residential use.
      2. The outdoor overnight storage of vehicles may be permitted in accordance with Article 6.10. Outdoor Display & Storage Standards. Operable vehicles may be parked on-site during business hours.
      3. There shall be no dismantling of vehicles for salvage.
      4. The storage of impounded vehicles is not permitted.
      5. No outside speaker system is permitted.
      6. In the C2 Zoning District, a maximum of two (2) service bay doors no more than 24 feet in width each are permitted on two (2) sides of the building.
      7. Service doors shall be closed except for entry and exit of automobiles.
  • Vehicle Repair (Major)
    1. Defined. A facility where general vehicle repair and service is conducted, including transmission, brake, muffler and tire shops, along with body and paint shops. Major vehicle repair may include minor vehicle repair as an accessory use.
    2. Use Standards.
      1. A 10-foot wide buffer yard in accordance with Sec. 6.7.5. Buffer Yards must be established along all property lines abutting a residential use.
      2. A 10-foot wide landscape area with a minimum of 30 shrubs every 100 feet must be established along all property lines abutting a public right-of-way. Shrubs must be a minimum of 3 feet 6 inches tall when planted. A decorative block wall equal to the height of the shrubs may be planted in lieu of the shrub plantings.
      3. The outdoor overnight storage of vehicles awaiting repair may be permitted in accordance with Article 6.10. Outdoor Display & Storage Standards. Operable vehicles may be parked on-site during business hours.
      4. There shall be no dismantling of vehicles for salvage.
      5. The storage of impounded vehicles is not permitted.
      6. No outside speaker system is permitted.
  • Vehicle Repair (Commercial Vehicle)
    1. Defined. Repair, service, washing, or accessory installation for commercial vehicles, including box trucks, 18-wheelers and construction or other heavy equipment.
    2. Use Standards.
      1. A buffer yard in accordance with Sec. 6.7.5. Buffer Yards must be established along all property lines abutting a residential use.
      2. The outdoor overnight storage of vehicles awaiting repair may be permitted in accordance with Article 6.10. Outdoor Display & Storage Standards. Operable vehicles may be parked on-site during business hours.
      3. There shall be no dismantling of vehicles for salvage.
      4. The storage of impounded vehicles is not permitted.
      5. No outside speaker system is permitted.

    • Effective on: 7/20/2018

    Sec. 5.5.6. Warehouse & Distribution

  • Warehouse & Distribution Use Category

    Facilities involved in the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer with little on-site sales activity to customers. Warehouse and distribution uses include, but are not limited to, the following uses as examples:

    1. Bulk storage, including nonflammable liquids, cold storage plants, including frozen food lockers, household moving and general freight storage, separate warehouse used by retail store such as furniture or appliance store.
    2. Bus barn.
    3. Commercial packing for fruits and vegetables.
    4. Distribution facility, central postal facility.
    5. Freight, service facility.
    6. Parcel services.
    7. Transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred.
    8. Trailer storage, drop off lot.
    9. Warehouse.
  • Use Standards
    1. A buffer yard in accordance with Sec. 6.7.5. Buffer Yards must be established along all shared property lines, except for an adjacent self-service storage, light industrial use, or waste-related service.
    2. A 10-foot wide  landscape area with a minimum of 30 shrubs every 100 feet must be established along all property lines abutting a public right-of-way. Shrubs must be a minimum of 3 feet 6 inches tall when planted. A decorative block wall equal to the height of the shrubs may be planted in lieu of the shrub plantings.

    • Effective on: 1/1/1901

    Sec. 5.5.7. Wholesale Trade

  • Wholesale Trade Use Category

    Facilities involved in the sale, lease, or rent of products to industrial, institutional or commercial businesses only. The use emphasizes on-site sales or order-taking and often includes display areas. Businesses may or may not be open to the public, but sales to the public are not permitted. Products may be picked up on-site or delivered to the customer. Wholesale trade uses include, but are not limited to, the following uses as examples:

    1. Mail-order house.
    2. Sale or rental of machinery, equipment, heavy equipment, building
    3. Materials, special trade tools, welding supplies, machine parts, electrical supplies, plumbing supplies, janitorial supplies, restaurant equipment and store fixtures.
    4. Wholesale sales of food, clothing, auto parts, building hardware and similar products.

    • Effective on: 1/1/1901

    Sec. 5.6.1. Agriculture

  • A.
    Agriculture Use Category

    The raising and harvesting of trees, vines, seeds, plants and crops, as well as the keeping, grazing or feeding of animals for animal products, animal propagation, or value increase. Agriculture uses include, but are not limited to, the following uses as examples:

    1. 1.
      Animal raising including horses, chickens, ducks, goats, sheep, cows, or other animals as determined by the Director.
    2. 2.
      Community garden.
    3. 3.
      Crop production, soil preparation, agricultural services, large animal and veterinary services, farm labor and management services, research farm.
    4. 4.
      Floriculture, horticulture, pasturage, row and field crops, viticulture, tree or sod farm, sylvicultural, sale of agriculture products.
    5. 5.
      Grain, fruit, field crop and vegetable cultivation and storage.
    6. 6.
      Livestock, horse, dairy, poultry and egg products.
    7. 7.
      Plant nursery.
    8. 8.
      Urban farm.
  • B.
    Community Garden
    1. 1.
      Defined. Areas of land managed and maintained by a group of individuals to grow and harvest food crops and non-food ornamental crops, for personal or group use, consumption, or donation. They may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by the group.
    2. 2.
      Use Standards.
      1. a.
        A community garden shall be primarily used for growing and harvesting food crops and ornamental crops, for consumption or donation or for sale off-site.
      2. b.
        On-site sales are not permitted in the Residential Districts. On-site sales may be permitted in the Mixed-Use Districts.
      3. c.
        Detached accessory structures such as storage or utility buildings, gazebos, trellises, or accessory greenhouse structures are permitted, subject to compliance with the requirements of the Article 6.2. Accessory Structure Standards.
      4. d.
        If security fencing is installed, such fencing shall be of an open design.
      5. e.
        If lighting is installed, only motion-detecting fixtures shall be permitted. All-night lighting is prohibited.
      6. f.
        Community gardens shall be managed and maintained in compliance with all applicable standards of this UDO and the City Code, including but not limited to those pertaining to: nuisance abatement, stormwater, site accessibility, signage, soil erosion and sedimentation control and any required tree conservation and landscaping.
  • C.
    Personal Garden Use
    1. 1.
      Defined. A private facility or area for the cultivation of vegetables, grasses, fruits, flowers, shrubs, 
      vines, and trees as an accessory use by a resident or occupant of the site whether it be for purposes 
      of producing food or materials. This definition does not include high weeds and grass, nor does it 
      include farming or beekeeping for commercial purposes. 
  • D.
    Plant Nursery
    1. 1.
      Defined. A facility where horticultural and agricultural products produced on the premises are sold.
    2. 2.
      Use Standards.
      1. a.
        Sales shall be limited to agricultural products produced on the premises, hand-held garden tools, bags of fertilizer, mulch, and similar items normally associated with nursery or gardening operations.
      2. b.
        Sales offices shall be limited to 100 square feet of gross floor area per acre of land area, but in no case, can the sales office exceed 1,000 square feet of gross floor area.
      3. c.
        No more than one (1) on premise sign not to exceed 12 square feet in area and 3½ feet in height.
  • E.
    Produce Stand
    1. 1.
       Defined. A produce stand permits the itinerant sale of agricultural produce and home-made food 
      goods on a property without a permanent structure or improvements. 
    2. 2.
      Use Standards.
      1. a.
        Sales shall be limited to agricultural produce not exceeding a maximum of 2,000 square feet per 
        lot (not including areas devoted to driveways and off-street parking). In addition to the sales of 
        agricultural produce, up to 25% of the produce stand area may be devoted to the sales of 
        homemade food goods such as baked goods, jams and relishes. For produce stands not removed 
        from the lot daily, the use shall be limited to a maximum of eight (8) months per calendar year. 
      2. b.
        Produce stands locating within a Residential District shall be required to locate on the property 
        with an institutional building or use (such as a place of worship or school), or within the common 
        area of an apartment building. 
      3. c.
        Tents, stands, signs or other related structures shall provide a minimum 10-foot setback from all 
        property lines and public rights-of-way and shall comply Article 6.20. Vision Clearance Standards. 
      4. d.
        One (1) off-street parking space shall be provided for every 200 square feet of area devoted to 
        the produce stand activities, but no less than three (3) parking spaces. Areas devoted to off- 
        street parking shall be oriented to provide for safe pedestrian and vehicular circulation and 
        arranged so that vehicular ingress and egress to the parking areas is by forward motion of the 
        vehicle. Produce stands shall be exempt from the parking surfaces requirements and the required 
        landscaping regulations.
      5. e.
        Signage for all produce stand activities on the premise shall be limited to one (1) unlit sign not to 
        exceed 12 square feet in area and 3½ feet above the ground elevation. 
      6. f.
        All activities shall be discontinued by 8:00 PM when located in a Residential District. 
      7. g.
        No code-required landscape planting areas shall be utilized in association with the produce stand 
        activities and no unauthorized encroachments on public rights-of-way shall be permitted. 
      8. h.
        A plan that shows the location of all tents, produce stands, driveways, off-street parking, traffic 
        circulation, signs, or other related structures shall be submitted to the City for approval, and a 
        Temporary Use Permit shall be issued prior to any event taking place. 
  • F.
    Urban Farm
    1. 1.
      Defined. The raising and harvesting of trees (excluding forestry), vines, seeds, plants and crops, as well as the keeping, grazing or feeding of animals for animal products, animal propagation, or value increase when located in an urbanized (developed) area. An urban farm may be owned by an individual, group or organization and may include intensive agriculture, typical large-scale farm equipment, and animal husbandry.

    • Effective on: 4/21/2025

    Sec. 5.6.2 Animal Uses

  • A.
    Beekeeping.
    1. 1.
      Intent. The intent of this Section is to regulate beekeeping in accordance with State Law IC 36-1-28-1. 
    2. 2.
      Use Standards. Beekeeping for personal use and not for agricultural use shall comply with the following standards: 
      1. a.
        The maximum number of hives permitted per property shall be as follows: 
        1. 1.
          Two (2) hives for properties that are up to 6,000 square feet. 
        2. 2.
          Four (4) hives for properties greater than 6,000 square feet up to 16,000 square feet. 
        3. 3.
          Six (6) hives for properties greater than 16,000 square feet up to 25,000 square feet. 
        4. 4.
          Eight (8) hives for properties greater than 25,000 square feet. 
      2. b.
        No bee colony shall be kept in a hive that exceeds 12 cubic feet. 
      3. c.
        Bee hives may be located on the ground or on the roof of any building with a permanent foundation. 
      4. d.
        Hives on the ground may not be located in the front yard. 
      5. e.
        Hives must be setback a minimum of 15 feet from any property line. 
      6. f.
        For any colony exhibiting overly-defensive behavior, the beekeeper should take immediate mitigating action(s). The beekeeper should also take mitigating action(s) to prevent swarming. This may require a beekeeper to split a hive. This split may be kept temporarily in one (1) additional nucleus hive in case the parent hive fails to make a new queen or in case the parent hive fails during winter. 
      7. g.
        It is highly recommended that at least one (1) swarm trap be provided where bees are kept. 
      8. h.
        If the hives are clearly seen from sidewalks, pathways, or adjacent neighbors, it is highly recommended that a 6-foot barrier such as a fence or landscaping hedge be installed. 
      9. i.
        If the hives cannot be concealed from sight or easy access, it is highly recommended that each hive have a sticker placed on them or sign installed indicating that there are live bees inside them. 
  • B.
    Keeping of Domestic Farm Animals
    1. 1.
      Purpose. The intent of this Section is to permit the use and enjoyment of horses and farm animals at rates that are appropriate for the health, welfare, and safety of the animals, neighboring property owners, and the public. This type of agriculture use should also be conducted in a manner that protects the values and aesthetic of the community. 
    2. 2.
      Defined. Any animal commonly used, raised, and maintained for, or in support of, the production of food or other products. Domestic farm animals shall not include domestic pets as defined elsewhere in this Ordinance. Examples of domestic farm animals shall include, but are not limited to cows, sheep, goats, pigs, chickens, llamas, etc. Domestic farm animals are also referred to "farm animals" in the UDO .
    3. 3.
      Use Standards.
      1. a.
        Horses: The keeping of horses is permitted in the AG, ER, OS, and R1 Zoning Districts only, provided the following requirements are met: 
        1. 1.
          The keeping of horses requires a minimum lot area of two (2) acres for the first horse and 
          one (1) additional acre per horse is required thereafter. 
        2. 2.
          Pasture area shall comply with the following: 
          1. a.
            All pasture areas shall be properly fenced, to prevent the escape of animals from the 
            property. 
          2. b.
            Pasture areas may be in the front yard provided the fence height does not exceed five (5) feet. 
          3. c.
            No horse shall be allowed to run at large except within a fenced pasture area. 
      2. b.
        Domestic Farm Animals: 
        1. 1.
          The keeping of farm animals such as chickens, ducks, goats, sheep, cows, or other animals 
          as determined by the Director, may be permitted on a property of at least five (5) acres in the 
          AG, ER and OS Zoning Districts. Properties in the ER Zoning District are permitted farm 
          animals at a rate of three-fourths (0.75) farm animal unit (FAU) per acre. Properties in the 
          AG and OS Zoning District are permitted farm animals at a rate of one (1) FAU per acre. 
          Following any per acre calculation for a property any fractional FAU maximum shall be 
          rounded down for fractional units ending in .49 or less and rounded up for fractional units 
          ending in .5 or higher. 
        2. 2.
          Farm animals shall be divided into two (2) categories, large farm animals and small farm 
          animals. Each large farm animal shall be equivalent to one (1) FAU. Three (3) small farm 
          animal shall be equivalent to one (1) FAU. Farm animals who are or have not reached mature 
          adulthood shall not count against the farm animal quantity regulations of this section. 
        3. 3.
          Structures, kennels, stalls, coops, pens, and other elements that house farm animals and the 
          immediate surrounding property controlling the movement of those farm animals shall be 
          considered confinement areas and limited in size. Confinement areas shall be limited to 10% 
          coverage of the total lot area of the property. Confinement areas shall not be in an 
          established front yard. Grazing areas or pastures for controlling the movement of large 
          grazing type farm animals and horses shall not be regulated by these requirements. Fence 
          requirements shall be the same as required by in Article 6.18. Wall & Fence Standards. 
        4. 4.
          Confinement areas in the AG Zoning District shall be a minimum of 200 feet from the property 
          line, confinement areas in the ER Zoning District shall be a minimum of 100 feet from the 
          property line, unless the subject property is located adjacent to a similar land use, in which 
          case the minimum setback requirements for the zoning district apply. In a case where a lot 
          was in existence at the time of adoption of this UDO, and, when that property cannot meet 
          such setback requirements, due to lot width, lot shape, and/or lot configurations, the Director 
          may consider a less stringent setback. This determination may be made in exchange for 
          additional screening measures, when it is determined that there will not be a negative effect 
          on the neighboring residential properties. Following a decision to approve, the Director shall 
          give notice to all adjacent properties via first class mail. Any resident may appeal the decision 
          to the Board. Pastures containing large grazing type farm animals and horses shall not be 
          considered confinement areas and may be located no closer than 10 feet from an adjacent 
          residentially zoned property (this does not apply to pastures in existence at the time of 
          adoption of this UDO). The Director may make determinations concerning the classifications 
          of farm animal species which are not directly noted in this ODO. However, under no 
          circumstance shall swine or poultry be considered large grazing type farm animals. 
        5. 5.
          The Director may approve an exemption from this section to allow the keeping of chickens 
          or other fowl animals for public or private schools as part of an educational curriculum. The 
          number of chickens or fowl animals shall be reviewed and approved by the Director. The 
          chickens or fowl animals must be located on school property and shall be removed if the City determines there is a public nuisance due to this exemption. 
  • C.
    Keeping of Domestic Pets
    1. 1.
      Defined. Animals commonly used as household pets, protection, companions, and for assistance to 
      disabled persons. Domestic pets shall include animals that are cared for and treated in a manner 
      acceptable for pet dogs, cats, and birds. Domestic pets shall include, but not be limited to, dogs, cats, 
      parakeets, parrots, finches, lizards, spiders, guinea pigs, hamsters, gerbils, rats, mice, rabbits, 
      aquarium fish, ferrets, and snakes if cared for in the manner described above. 
    2. 2.
      Use Standards.
      1. a.
        The keeping of domestic pets shall not be done for profit. 
      2. b.
        The keeping of domestic pets shall not be construed as a kennel. 
  • D.
    Kennel
    1. 1.
      Defined. A facility where any person engages in a business involving boarding, breeding, buying, 
      keeping, letting for hire, training for a fee, or selling dogs, cats, or other domestic animals with some 
      activities. This use does not include any operation meeting the definition of a Confined Feeding 
      Operation (CFO) or Concentrated Animal Feeding Operation (CAFO) under Indiana statutes.
    2. 2.
      Use standards:
      1. a.
        Building. The parts of a building where animals are services shall be fully enclosed, with solid 
        core doors and no operable windows, and shall be sufficiently insulated so no unreasonable 
        noise or odor can be detected off premises.
      2. b.
        Outdoor areas.
        1. 1.
          No part of an outdoor animal care or run area shall be closer than 200 feet from any 
          property line abutting a residential zoning district or use, except property owned or occupied 
          by an owner or operator. 
        2. 2.
          Fence. The entire perimeter of the outdoor kennel area shall be enclosed with an opaque 
          fence that meets the following standards: 
          1. a.
            Minimum depth underground: 12 inches. 
          2. b.
            Minimum height: Seven (7) feet from grade. 
          3. c.
            Minimum fence setback: 20 feet from any adjoining property line. 
        3. 3.
          Landscape Buffer. Where a kennel operation abuts a residential zoning district or use, a minimum of one (1) evergreen shrub/tree with a mature height of at least ten (10) feet shall be planted and 
          spaced no more than six (6) feet on center along the entire length of the shared property line. 
  • E.
    Pet Grooming
    1. 1.
      Defined. A facility where animals are bathed, clipped, or combed for the purpose of enhancing their 
      aesthetic value or health and for which a fee is charged. This use does not include the overnight 
      boarding of animals.  
    2. 2.
      Use Standards:
      1. a.
        The parts of a building where animals are serviced shall be fully enclosed, with solid core doors and no operable windows, and shall be sufficiently insulated so no unreasonable noise or odor can be detected off premises. 
  • F.
    Veterinary Clinic
    1. 1.
      Defined. A facility involved in the care, diagnosis, medical treatment, or surgery of the animals. This use does not include a “Kennel,” and overnight boarding of animals shall only be permitted when incidental to such medical treatment and limited to short periods of time. 
    2. 2.
      Use Standards: The parts of a building where animals are serviced shall be fully enclosed, with solid core doors and no operable windows, and shall be sufficiently insulated so no unreasonable noise or odor can be detected off premises. 

    • Effective on: 4/21/2025

    Sec. 5.7.1. General

  • Accessory uses are permitted in conjunction with allowed primary uses. Allowed accessory uses include those listed in this Article and additional accessory uses that, as interpreted by the Director, meet the following:
    1. Are clearly incidental to and customarily found with the primary allowed use;
    2. Are subordinate to and serving the primary allowed use;
    3. Are subordinate in area, extent and purpose to the primary use served;
    4. Contribute to the comfort, convenience or needs of occupants, business or industry on the lot that the primary use is served; and
    5. Are located on the same lot as the primary building or use served.
  • No accessory use may be established on a lot prior to the establishment of a permitted primary use.

    • Effective on: 1/1/1901

    Sec. 5.7.2. Standards for Specific Accessory Uses

  • A.
    Caretaker’s Residence

    A single dwelling unit as a residence for a caretaker or watchman accessory to a permitted use is permitted in all zoning districts other than residential zoning districts.

  • B.
    Drive-Through 
    Drive-through service is enabled in appropriate locations to improve service to customers, protect the 
    public from contagion, and promote economic development, while also reduce the negative impacts that it 
    may create by reducing the noise from idling cars and voice amplification equipment, lighting, and queued 
    traffic interfering with on-site and off-site traffic and pedestrian flow. 
    1. 1.
      Defined: An accessory feature of an establishment including service units and stacking spaces that 
      permits customers to receive services or obtain goods while remaining in or on a motor vehicle (e.g., 
      food and beverage establishments, banking terminals, pharmacy pickup, and other similar uses 
      commonly referred to as drive-up, drive-through, or take-out).  This definition excludes gasoline 
      service stations, drive-in theatres, and drive-in restaurants where orders are taken, and food delivered 
      to a motor vehicle that remains in a parking space. 
    2. 2.
      Applicability. The following standards apply for all uses with vehicle stacking and/or drive-through 
      facilities. 
    3. 3.
      Use Standards:
      1. a.
        Drive-through facilities, including windows and other related features, should be architecturally 
        compatible with the building architecture. 
      2. b.
        To protect the building from vehicle damage, the bollards shall be installed adjacent to the 
        service window(s).  
      3. c.
        Drive-through lanes and accompanying equipment that produces noise shall be located at least 
        400 feet from any building that is zoned or used for residential purposes.  
      4. d.
        Sound emitted from any drive-through window, exterior menu board(s), speakers and any other 
        sound devices used to communicate with the clients should be limited to a noise level up to 50 
        dB at the closest property line abutting a residential use or zoning district (existing or 
        approved).  
      5. e.
        Parking. Drive-throughs shall follow the minimum parking design standards in section 6.11.12 
      6. f.
        Signage. Sign regulations specific to Drive-throughs are in Section 6.17.9. 
  • C.
    Home Occupation
    1. 1.
      Defined. An occupation that provides a service or product that is conducted wholly within a residential dwelling in a residential zoning district as an accessory use that does not change the residential character of the property or neighborhood. Examples of permitted home businesses can include, but are not limited to, the following:
      1. a.
        Art Studio.
      2. b.
        Beauty Salon (one chair operated by a resident).
      3. c.
        Business conducted entirely by mail and/or web-based.
      4. d.
        Seamstress or tailor.
      5. e.
        Home schools for 12 or less full-time or part-time children including residents of the home.
      6. f.
        Professional office of a clergyman, lawyer, architect, accountant, counselor, or consultant.
      7. g.
        Repairing, servicing or refurbishing equipment or parts, excluding motor vehicles, if the work is entirely within the dwelling and performed by members of the family living in the dwelling.
      8. h.
        Teaching (e.g., musical instruments or dancing) for six (6) or less individuals at one time.
      9. i.
        Childcare home in accordance with I.C. 36-7-4-1108.
    2. 2.
      Use Standard. All home occupations shall comply with the following standards:
      1. a.
        The property owner must use the residential dwelling as their primary place of residence. Only residents of the subject residential dwelling may operate, engage in, or conduct the home-based business. Nonresidents are not allowed to work at the subject residential dwelling where a home occupation is being conducted. 
      2. b.
        There shall be no signs, displays, outdoor storage, or other exterior evidence of business activity. Neither the dwelling nor the lot shall be altered in appearance so that it appears other than a residence, either by color, materials, construction, lighting, sounds, vibrations, or other characteristics. 
      3. c.
        A home occupation shall be conducted only within the enclosed living area of the dwelling unit or within the garage, provided no garage space required for off-street parking is used. The home-based business shall not occupy more than 25% of the combined floor area of the house and garage
      4. d.
        No business storage or warehousing of material, supplies or equipment is permitted outdoors. 
      5. e.
        The home occupation shall not involve manufacturing operations.
      6. f.
        No equipment, vehicle or process may be used that creates excessive noise, vibration, glare, fumes, odors, or electrical interference, or result in a change in the fire-safety class or occupancy classification of a residential structure or which otherwise violates any law. 
      7. g.
        Only one (1) vehicle used for the home occupation shall be parked or stored on the premises; provided, however, the vehicle must not be a bus, truck, van, trailer or other vehicle over 6,000 lbs., as listed on the vehicle registration form.
      8. h.
        The requirements for shipping and receiving of materials for the business does not create excessive noise or traffic.
    3. 3.
      Structural Improvements.
      1. a.
        There shall be no room additions, enlargements, structural, or exterior aesthetic alterations that change the residential character of the dwelling or property.
      2. b.
        There shall be no exterior, structural, or aesthetic alterations to the dwelling to accommodate the home business that would affect the interior of the dwelling and would render it undesirable for residential use or habitation.
      3. c.
        There shall be no additional or separate exterior entrances to the dwelling for conducting business or to accommodate the home business.
    4. 4.
      Nuisances. No home business shall cause a nuisance as defined by Sec 5.1.6.
    5. 5.
      Appeals. Any use claimed as a home occupation may be deemed not permitted if, in a public hearing on the matter, the Board of Zoning Appeals rules the use to be a nuisance or that it does not comply with this Section. The Director or any person reasonably affected by the home occupation may request such a hearing in accordance with Sec. 10.2.3. Appeal of Administrative Determination.
  • D.
    Keeping of  Domestic Farm Animals
    1. 1.
      Purpose. The intent of this Section is to permit the use and enjoyment of horses and farm animals at rates that are appropriate for the health, welfare, and safety of the animals, neighboring property owners, and the public. This type of agriculture use should also be conducted in a manner that protects the values and aesthetic of the community.
    2. 2.
      Defined. Any animal commonly used, raised, and maintained for, or in support of, the production of food or other products. Domestic farm animals shall not include domestic pets as defined elsewhere in this Ordinance. Examples of domestic farm animals shall include, but are not limited to cows, sheep, goats, pigs, chickens, llamas, etc. Domestic farm animals are also referred to "farm animals" in the UDO
    3. 3.
      Use Standards.
      1. a.
        Horses: The keeping of horses is permitted in the AG, ER, OS, and R1 Zoning Districts only, provided the following requirements are met:
        1. i.
          The keeping of horses requires a minimum lot area of two (2) acres for the first horse and one (1) additional acre per horse is required thereafter.
        2. ii.
          Pasture area shall comply with the following:
          1. a)
            All pasture areas shall be properly fenced, to prevent the escape of animals from the property.
          2. b)
            Pasture areas may be in the front yard provided the fence height does not exceed five (5) feet.
          3. c)
            No horse shall be allowed to run at large except within a fenced pasture area.
      2. b.
        Domestic Farm Animals:
        1. i.
          The keeping of farm animals such as chickens, ducks, goats, sheep, cows, or other animals as determined by the Director, may be permitted on a property of at least five (5) acres in the AG, ER and OS Zoning Districts. Properties in the ER Zoning District are permitted farm animals at a rate of three-fourths (0.75) farm animal unit (FAU) per acre. Properties in the AG and OS Zoning District are permitted farm animals at a rate of one (1) FAU per acre. Following any per acre calculation for a property any fractional FAU maximum shall be rounded down for fractional units ending in .49 or less and rounded up for fractional units ending in .5 or higher.
        2. ii.
          Farm animals shall be divided into two (2) categories, large farm animals and small farm animals. Each large farm animal shall be equivalent to one (1) FAU. Three (3) small farm animal shall be equivalent to one (1) FAU. Farm animals who are or have not reached mature adulthood shall not count against the farm animal quantity regulations of this section.
        3. iii.
          Structures, kennels, stalls, coops, pens, and other elements that house farm animals and the immediate surrounding property controlling the movement of those farm animals shall be considered confinement areas and limited in size. Confinement areas shall be limited to 10% coverage of the total lot area of the property. Confinement areas shall not be in an established front yard. Grazing areas or pastures for controlling the movement of large grazing type farm animals and horses shall not be regulated by these requirements. Fence requirements shall be the same as required by in Article 6.18. Wall & Fence Standards.
        4. iv.
          Confinement areas in the AG Zoning District shall be a minimum of 200 feet from the property line, confinement areas in the ER Zoning District shall be a minimum of 100 feet from the property line, unless the subject property is located adjacent to a similar land use, in which case the minimum setback requirements for the zoning district apply. In a case where a lot was in existence at the time of adoption of this UDO, and, when that property cannot meet such setback requirements, due to lot width, lot shape, and/or lot configurations, the Director may consider a less stringent setback. This determination may be made in exchange for additional screening measures, when it is determined that there will not be a negative effect on the neighboring residential properties. Following a decision to approve, the Director shall give notice to all adjacent properties via first class mail. Any resident may appeal the decision to the Board. Pastures containing large grazing type farm animals and horses shall not be considered confinement areas and may be located no closer than 10 feet from an adjacent residentially zoned property (this does not apply to pastures in existence at the time of adoption of this UDO). The Director may make determinations concerning the classifications of farm animal species which are not directly noted in this ODO. However, under no circumstance shall swine or poultry be considered large grazing type farm animals.
        5. v.
          The Director may approve an exemption from this section to allow the keeping of chickens or other fowl animals for public or private schools as part of an educational curriculum. The number of chickens or fowl animals shall be reviewed and approved by the Director. The chickens or fowl animals must be located on school property and shall be removed if the City determines there is a public nuisance due to this exemption.
  • E.
    Keeping of Domestic Pets
    1. 1.
      Defined. Animals commonly used as household pets, protection, companions, and for assistance to disabled persons. Domestic pets shall include animals that are cared for and treated in a manner acceptable for pet dogs, cats, and birds. Domestic pets shall include, but not be limited to, dogs, cats, parakeets, parrots, finches, lizards, spiders, guinea pigs, hamsters, gerbils, rats, mice, rabbits, aquarium fish, ferrets, and snakes if cared for in the manner described above.
    2. 2.
      Use Standards.
      1. a.
        The keeping of domestic pets shall not be done for profit.
      2. b.
        The keeping of domestic pets shall not be construed as a kennel.
  • F.
    ​Nonresidential Accessory Service
    1. 1.
      Defined. A nonresidential accessory use located within a building containing a permitted nonresidential principal use in the EN Zoning District. Allowed accessory uses are limited to eating establishment, laundry or dry-cleaning pickup, flower shop, gift shop, newsstand, catalog office supply sales or other service use.
    2. 2.
      Use Standard.
      1. a.
        The accessory use must be in a building with a minimum of 30,000 square feet of gross floor area. The accessory use may locate in a smaller building provided all the buildings on the same lot contain a minimum gross floor area of 30,000 square feet.
      2. b.
        The gross floor area of all accessory uses can be no more than 10% of the building or all buildings on the same lot, and in no case, more than 20% of the floor area gross of the building within which it is located.
      3. c.
        In a multi-tenant building, one (1) tenant may use the full 10% of the building floor area for an accessory use, and such tenant is not restricted in its application to 10% of its lease area.
      4. d.
        No more than 3,000 square feet is permitted for any (one) 1 accessory use in the EN and MA Districts.
      5. e.
        The primary entrance to the accessory use must be internal to the main building.
      6. f.
        The display of products and activity of the accessory use must not be visible from outside the building.
      7. g.
        No drive-thru or drive-in facilities are allowed.
      8. h.
        No accessory use can operate before 8 AM or after 6 PM, unless the routine hours of operation within more than 50% of the floor area within the building in which the facility is located is operational either before 8 AM or after 6 PM.
      9. i.
        The signage and location must not be designed to attract clientele from outside the building or lot within which the use is sited.
  • G.
    Outdoor Dining for Eating Establishments
    1. 1.
      Outdoor dining areas shall be adjacent to their tenant space.
    2. 2.
      Outdoor dining shall be accessed through the primary tenant space.
    3. 3.
      The dining area shall be enclosed by a fence or wall enclosure that is complementary to the architecture of the primary structure and shall be no less than 30 inches and no more than four (4) feet tall.
    4. 4.
      To maintain a six-foot (6') wide sidewalk in accordance with Article 6.12. Pedestrian Accessibility Standards, a wider sidewalk shall be installed to meet that development standard.
  • H.
    Recreational Use Related to a Residential Development
    1. 1.
      Recreational use is limited to the following facilities: clubhouse, docks, exercise rooms, game and craft rooms, gymnasiums, party and reception rooms, bicycle paths, pedestrian and equestrian trails, picnic areas, play courts, such as basketball, racquetball, and tennis courts, golf courses, driving ranges, play fields, playgrounds, sauna baths, swimming pools and tanning facilities.
    2. 2.
      These uses are allowed only as part of a residential development or subdivision, a compact development, a conservation development, a manufactured home development, or a congregate care facility. Such uses may be located outside of the boundaries of the development, if:
      1. a.
        The lot is owned by the development (through its homeowners’ association or other similar mechanism); and
      2. b.
        The lot adjoins the development for at least 50% of its perimeter; or
      3. c.
        The lot is located across a street or other right-of-way for at least 50% of its perimeter.
      4. d.
        No active recreational use (e.g. playing field, playground, swimming pool, etc.) shall be located within 25 feet of any residential use property line.
      5. e.
        Athletic structures other than buildings (e.g. basketball goals, pools, tennis courts, etc.) shall be no closer than 100 feet to any property line or right-of-way.
      6. f.
        Lighted playing fields will be held to the standards in Article 6.5. Exterior Lighting Standards.
      7. g.
        Park buffering may incorporate pedestrian access points where access in and out of the park would be beneficial to nearby residents.
      8. h.
        Special care as it relates to any negative impacts (such as noise, traffic, etc.) shall be noted when locating specialty parks (such as dog parks and skate parks) in residential areas.
      9. i.
        Neighborhood parks and pocket parks less than two (2) acres in area do not have to provide off-street parking.
      10. j.
        A golf course A golf course in a residential zoning district is subject to the following:
        1. i.
          Portable toilets, outhouses, and structures of the like, as well as vending machines shall not face an adjacent property and shall be screened using either wood fencing or masonry wall height on at least three (3) sides and shall incorporate landscaping around the fence or wall in a manner that increases aesthetics. Landscaping shall include at least one (1) shrub per four (4) feet of fence or wall length.
        2. ii.
          The nearest edge of any fairway or green may be no closer than 150 feet to any property line, and no closer than 100 feet to any right-of-way.
        3. iii.
          Tee-boxes and greens shall be oriented away from adjacent properties and external roadways.
        4. iv.
          Miniature golf is not permitted in a residential zoning district.
  • I.
    Residential Accessory Service
    1. 1.
      Defined. A nonresidential accessory use located within an apartment or townhouse development or assisted living facility.
    2. 2.
      Use Standard.
      1. a.
        Allowed accessory uses are limited to eating establishment, beauty or barber shop, laundry or dry-cleaning pickup, drug store, flower shop, gift shop or newsstand. Does not include an adult establishment.
      2. b.
        The gross floor area of all accessory uses shall not exceed more than 25% of the dwelling unit.
      3. c.
        In no case, shall the accessory use occupy more than 50% of the building gross floor area or 2,000 square feet, whichever is less (except that laundry facilities shall be excluded from this maximum floor area).
      4. d.
        The primary entrance to the accessory use must be internal to the main building.
      5. e.
        The display of products and activity of the accessory use must not be visible from outside the building.
      6. f.
        No drive-thru or drive-in facilities are allowed.
      7. g.
        The signage and location must not be designed to attract clientele from outside the building or lot within which the use is sited.

    • (Ord. 081919D, 08/19/2019; Ord. 121619C, 12/16/2019) 

    Effective on: 4/21/2025

    Sec. 5.8.1. General

  • A Temporary Use Permit is intended to allow for the short-term placement of activities, many of which would be not allowed on a permanent basis. The following regulations govern temporary uses.
  • Only one (1) temporary use may exist on any lot or lots used in combination at any given time unless otherwise specifically permitted elsewhere in this UDO.
  • Temporary uses shall not be located wholly or partially in the public right-of-way.
  • Any structure associated with a temporary use  may require compliance with the Building Code.
  • A Landscaping Plan shall be submitted for any temporary use with ancillary structures (e.g. portable restroom facilities, trash receptacles, or trailers) that will be installed for more than six (6) months. Screening shall be provided for each of the ancillary structures.
  • No public-address systems or other sound-amplifying devices shall be permitted in conjunction with a temporary use.
  • All temporary uses and associated temporary structures shall be removed and the original site restored to its original condition within the duration of the Temporary Use Permit.
  • Cumulatively, all Temporary Use Permits issued on a lot shall not exceed 120 days per calendar year, or 90 days consecutively, unless otherwise noted.
  • Every approved temporary use shall be fully contained within 12 feet of the front and/or side facade of the primary structure, or be in a parking area where:
    1. The minimum required parking spaces are available on site for the combined uses, temporary and permanent, as per Article 6.11. Parking & Loading Standards. Temporary use parking shall require one (1) space per 250 square feet of indoor and outdoor space;
    2. No handicapped parking spaces shall be obstructed or rendered unusable;
    3. Vehicular or pedestrian circulation shall not be adversely affected; and
    4. The temporary use shall be enclosed by a temporary structure or surrounded by a view-through fence (at least 50% opaque);
  • The maximum area dedicated to a temporary use shall be 10% of the gross main floor area of the primary structure or tenant space to which the temporary use is associated. This allotment shall not be interpreted to be the combination of two (2) or more tenant spaces.
  • All sidewalks and ramps shall be maintained as per the ADA regulations.
  • Temporary outdoor sales of anything explosive or hazardous are not permitted under any circumstances.
  • Temporary classrooms in conjunction with a public or private school, or a religious institution are permitted.
  • Any temporary signs associated with a temporary use shall require a Temporary Sign Permit and is limited to the current standards of the Article 6.17. Signage Standards. 

    • (Ord. 121922E, 01/17/2023)

    Effective on: 1/17/2023

    Sec. 5.8.2. Permit Required

    The following temporary uses are allowed subject to approval of a Temporary Use Permit issued in accordance with Sec. 10.2.22. Temporary Use Permit.

    1. Construction Trailer
      1. Once the Temporary Use Permit for the construction trailer has been issued, the construction trailer may be located on the site to be developed up to three (3) weeks prior to the start of site improvements and shall be removed when the last full Certificate of Occupancy has been issued for the development, or within 48 months, whichever is less.
      2. All construction trailers shall be located within the development for which the construction trailer has been established.
      3. Construction trailers shall successfully pass all applicable inspections (e.g. electrical, fire) and apply for and receive a Certificate of Occupancy prior to the commencement of the use.
    2. Institutional Temporary Uses
      1. Every institutional use that wishes to have a temporary use (e.g. seasonal outdoor sales, temporary outdoor displays of merchandise, tent sales, and special sales) must receive an independent Temporary Use Permit for each such use.
      2. Private or institutionally sponsored festivals are allowed on places of worship or school properties without a Temporary Use Permit.
      3. Portable Classrooms.
        Portable Classrooms requires a Temporary Use Permit. Portable Classrooms are permitted for no more than two (2) years.
    3. Produce Stand
      1. Defined. A produce stand permits the itinerant sale of agricultural produce and home-made food goods on a property without a permanent structure or improvements.
      2. Use Standards.
        1. Sales shall be limited to agricultural produce not exceeding a maximum of 2,000 square feet per lot (not including areas devoted to driveways and off-street parking). In addition to the sales of agricultural produce, up to 25% of the produce stand area may be devoted to the sales of homemade food goods such as baked goods, jams and relishes. For produce stands not removed from the lot daily, the use shall be limited to a maximum of eight (8) months per calendar year. 
        2. Produce stands locating within a Residential District shall be required to locate on the property with an institutional building or use (such as a place of worship or school), or within the common area of an apartment building.
        3. Tents, stands, signs or other related structures shall provide a minimum 10-foot setback from all property lines and public rights-of-way and shall comply Article 6.20. Vision Clearance Standards.
        4. One (1) off-street parking space shall be provided for every 200 square feet of area devoted to the produce stand activities, but no less than three (3) parking spaces. Areas devoted to off-street parking shall be oriented to provide for safe pedestrian and vehicular circulation and arranged so that vehicular ingress and egress to the parking areas is by forward motion of the vehicle. Produce stands shall be exempt from the parking surfaces requirements and the required landscaping regulations.
        5. Signage for all produce stand activities on the premise shall be limited to one (1) unlit sign not to exceed 12 square feet in area and 3½ feet above the ground elevation.
        6. All activities shall be discontinued by 8:00 PM when located in a Residential District.
        7. No code-required landscape planting areas shall be utilized in association with the produce stand activities and no unauthorized encroachments on public rights-of-way shall be permitted.
        8. A plan that shows the location of all tents, produce stands, driveways, off-street parking, traffic circulation, signs, or other related structures shall be submitted to the City for approval, and a Temporary Use Permit shall be issued prior to any event taking place.
    4. Sales Office or Model Home
      1. Model homes shall comply with Article 6.3. Architectural Design Standards.
      2. In addition to a Temporary Use Permit, a building permit is required to construct the model home.
      3. A Temporary Use Permit for a sales office or model home is valid from subdivision release for issuance of building permits until the last full Certificate of Occupancy is issued.
      4. Sales offices and model homes shall be located on a lot in the development in which the homes are for sale.
      5. Sales offices and model homes shall be located on streets that have been asphalted and curbed; and are free of mud and debris.
      6. A flow tested and charged fire hydrant shall be within 500 feet of two (2) or more sales offices or model homes prior to the issuance of a Certificate of Occupancy. Evidence of flow testing from a qualified agency shall be provided.
      7. Signage shall be limited to the current standards for temporary model home signs in the Article 6.17. Signage Standards.
      8. Hours of operation shall be limited to between 7:00 AM and 9:00 PM daily.
      9. The facility shall not be used for any purpose other than the sales and demonstration of homes in that subdivision.
      10. A minimum of four (4) off-street parking spaces shall be in place at a model home for employees and potential buyers. Model homes may use a standard driveway, garage and/or an off-street parking area (gravel or asphalt) to accommodate parking.
      11. Model homes shall successfully pass all applicable inspections (e.g. electrical) and apply for and receive a Certificate of Occupancy prior to the commencement of the use.
      12. Skirting is required on all sales trailers to be installed for six (6) months or longer.
    5. Special Events
      1. Special events on nonresidential properties may be permitted and require a Temporary Use Permit. The following guidelines shall also apply:
        1. All signs, balloons, streamers, and decoration must be placed on the property of which the permit is approved.
        2. No signs shall be placed on vehicles or trailers which are parked or located for the primary purpose of displaying said sign. This does not apply to lettering on vehicles operating during the normal course of business.
        3. No sign shall be placed within the right-of-way of any public street without the approval of the City.
        4. A Sign Permit is required per Sec. 10.2.18. Sign Permit.
      2. Grand Openings. A Temporary Use Permit may be permitted for a onetime grand opening for new businesses. This Temporary Use Permit may be granted for a 17-day period with no fees. The following guidelines shall apply:
        1. All signs, balloons, streamers, and decoration must be placed on the property of which the permit is approved.
        2. No signs shall be placed on vehicles or trailers which are parked or located for the primary purpose of displaying said sign. This does not apply to lettering on vehicles operating during the normal course of business.
        3. No sign shall be placed within the right-of-way of any public street without the approval of the City.
        4. A Sign Permit is required per Sec. 10.2.18. Sign Permit.
    6. Temporary Off-street Parking
      1. Any temporary off-street parking installed for a construction trailer, sales trailer or model home shall be removed when the sales office is removed. The site shall be restored to character consistent with the development.
    7. Temporary Trash Receptacle and Temporary Storage Units
      1. Temporary trash receptacles and temporary storage units (e.g. PODS) are permitted on any lot or lots used in combination as follows:
        1. A maximum of seven (7) consecutive days without a Temporary Use Permit.
        2. A maximum of 30 calendar days per calendar year with a Temporary Use Permit.
        3. If a valid building permit is active, temporary trash receptacles and temporary storage unit may be utilized on site until the Certificate of Occupancy is issued.
        4. Temporary trash receptacles and storage units shall not be allowed in the public right-of-way, unless a permit is approved by the Department of Engineering.
    8. Temporary Uses in Residential Districts
      1. Garage/Yard Sale. Garage/yard sales are permitted for a total of eight (8) days per calendar year, per lot without a Temporary Use Permit.
      2. Event Tents. Tents for a private party or event are permitted for a total of seven (7) days per calendar year, per lot without a Temporary Use Permit.

    (Ord. 101121H, 11/15/2021; Ord. 121922E, 01/17/2023)

    Effective on: 1/17/2023

    Antenna
  • Antenna: Any communications equipment that transmits or receives electromagnetic radio signals used in the provision of wireless communications service.

    • Effective on: 1/1/1901

    Base Station
  • Base Station: A station located at a specific site that is authorized to communicate with mobile stations. The term includes all radio transceivers, antennas, coaxial cables, power supplies, and other electronics associated with a station.

    • Effective on: 1/1/1901

    Collocation
  • Collocation: The placement or installation of wireless facilities on existing structures that include a wireless facility or a wireless support structure, including water towers and other buildings or structures. The term includes the placement, replacement, or modification of wireless facilities within an approved equipment compound.

    • Effective on: 1/1/1901

    C
  • Construction Plan (1): When referring to a new wireless support structure means a written plan for construction that demonstrates the aesthetics of the wireless support structure is substantially similar to the street lights located nearest the proposed location; includes the total height and width of the wireless facility and wireless support structure, including cross section and elevation, footing, foundation and wind speed details; a structural analysis indicating the capacity for future and existing antennas, including a geotechnical report and calculations for the foundation’s capacity; the identity and qualifications of each person directly responsible for the design and construction; and signed and sealed documentation from the applicant that shows the proposed location of the wireless facility and wireless support structure and all easements and existing structures within 1,000 feet of such wireless facility or wireless support structure.
  • Construction Plan (2): When referring substantial modification of an existing wireless facility or wireless support structure means a plan that describes the proposed modifications to the wireless support structure and all equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment.

    • Effective on: 1/1/1901

    Electrical Transmission Tower
  • Electrical Transmission Tower: A structure that physically supports high voltage overhead power lines. The term does not include a utility pole.

    • Effective on: 1/1/1901

    Equipment Compound
  • Equipment Compound: The area that: (1) surrounds or is near the base of a wireless support structure; and (2) encloses wireless facilities.

    • Effective on: 1/1/1901

    Existing Structure
  • Existing Structure: Does not include a utility pole or an electrical transmission tower.

    • Effective on: 1/1/1901

    Permit Authority
  • Permit Authority: The staff of the City and the applicable Board appeals within the jurisdiction of the City.

    • Effective on: 1/1/1901

    Person
  • Person: A corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person.

    • Effective on: 1/1/1901

    Small Cell Facility
  • Small Cell Facility: (i) A personal wireless service facility as defined by the Act or (ii) a wireless service facility that satisfies the following requirements: (a) each antenna, including exposed elements, has a volume of three (3) cubic feet or less; (b) all antennas, including exposed elements, have a total volume of six (6) cubic feet or less; and (c) the primary equipment enclosure located with the facility has a volume of 40 cubic feet or less.

    • Effective on: 1/1/1901

    Small Cell Network
  • Small Cell Network: A collection of interrelated small cell facilities designed to deliver wireless service.

    • Effective on: 1/1/1901

    Substantial Modification of a Wireless Support Structure
  • Substantial Modification of a Wireless Support Structure: The mounting of a wireless facility on a wireless support structure in a manner that: (i) increases the height of the wireless support structure by the greater of: (a) 10% of the original height of the wireless support structure; or (b) 20 feet; (ii) adds an appurtenance to the wireless support structure that protrudes horizontally from the wireless support structure more than the greater of: (a) 20 feet; or (b) the width of the wireless support structure at the location of the appurtenance; or (iii) increases the square footage of the equipment compound in which the wireless facility is located by more than 2,500 square feet. The term substantial modification does not include the following: (i) increasing the height of a wireless support structure to avoid interfering with an existing antenna; (i) increasing the diameter or area of a wireless support structure to: (a) shelter an antenna from inclement weather; or (b) connect an antenna to the wireless support structure by cable.

    • Effective on: 1/1/1901

    Utility Pole
  • Utility Pole: A structure that is: (i) owned or operated by: (a) a public utility; (b) a communications service provider; (c) a municipality; (d) an electric membership corporation; or (e) a rural electric cooperative; and (ii) designed and used to: (a) carry lines, cables, or wires for telephone, cable television, or electricity; or (b) provide lighting.

    • Effective on: 1/1/1901

    Wireless Facility
  • Wireless Facility: The set of equipment and network components necessary to provide wireless communications service. The term does not include a wireless support structure.

    • Effective on: 1/1/1901

    Wireless Support Structure
  • Wireless Support Structure: A freestanding structure designed to support wireless facilities. The term does not include a utility pole or an electrical transmission tower.

    • Effective on: 1/1/1901

    4
  •   
    1. 4.
      General Standards.
      1. a.
        Permits: A person that provides wireless communications service or otherwise makes available infrastructure for wireless communications services may apply for a permit to (a) locate a wireless facility or wireless support structure, (b) perform a substantial modification or (c) collocate wireless facilities on existing structures in the JURIS-OL. An applicant shall demonstrate that the proposed wireless facility, wireless support structure or substantial modification thereof complies with the requirements of this JURIS-OL.
      2. b.
        Collocation Preference:
        1. i.
          At a minimum, new wireless facilities shall be a monopole constructed to support the initial user plus the anticipated loading of one additional user.
        2. ii.
          The site of the initial wireless facility at any location shall be of sufficient area to allow for the location of one (1) additional wireless facility.
        3. iii.
          Any proposed wireless support structure shall be designed, and engineered structurally, electrically and in all other respects, to accommodate both the initial wireless facility and one additional wireless facility support structure shall be designed to allow for future rearrangement of cellular communication equipment and antennas upon the structure and to accept cellular communication equipment and antennas mounted at varying heights.
        4. iv.
          A proposal for a new wireless support structure shall not be approved unless the person submits an affidavit that the telecommunication equipment planned for the proposed wireless support structure cannot be accommodated on an existing or approved utility pole or electrical transmission tower or other structure due to one (1) or more of the following reasons:
          1. a)
            The planned telecommunication equipment would exceed the structural capacity of the existing or approved utility pole or electrical transmission tower, buildings, or structures as documented by a qualified and licensed professional engineer, and the existing or approved utility pole or electrical transmission tower, buildings or structures cannot be reinforced, modified, or replaced to accommodate the planned telecommunication equipment at a reasonable cost, or
          2. b)
            The planned telecommunication equipment would cause interference impacting the usability of other existing telecommunication equipment at the site if placed on existing structures. Supportive documentation by a qualified and licensed professional engineer indicating that the interference cannot be prevented at a reasonable cost; or
          3. c)
            The existing or approved utility pole or electrical transmission tower, buildings or structures within the search radius cannot accommodate the planned telecommunication equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer; or
          4. d)
            Other unforeseen reasons that make it unfeasible or impossible to locate the planned telecommunication equipment upon an existing or approved utility pole or electrical transmission tower, building or structure; or
          5. e)
            The person has been unable to enter a commonly reasonable lease term with the owners of existing utility pole or electrical transmission tower, buildings or structures.
      3. c.
        Specifications: Beginning on the effective date of August 1, 2015, new wireless facilities and wireless support structures shall meet the following specifications:
        1. i.
          Overall Maximum Antenna and Tower Height: 50 feet from AGL (at grade level).
        2. ii.
          Minimum Tower Separation: 1 ,000 feet between any other support structure primarily used for telecommunications, measured in any direction between support structures, not necessarily a dimension measured parallel to a road right-of-way.
        3. iii.
          Support structures must be metal or fiberglass poles matching the City's street light poles, per engineering specifications as may be amended from time to time by the Fishers Board of Public Works and shall be "Fishers Green" which is commonly called Lilly Industries "Holiday Green" RAL 6004. Support structures shall include luminaires that match the City's specifications for lighting and be maintained in good working order at the cost of the applicant, including the cost of electricity. Any antenna equipment mounted to the support structures (antenna or other permitted equipment) shall also be matching in color to the support structure.
        4. iv.
          All facility equipment at a single facility, except for the antenna itself, shall be ground mounted in a cabinet having an area not to exceed 40 cubic feet and no greater than 48 inches tall. Under special circumstances based on an agreement, the permit authority may allow a pole mounted cabinet with dimension not exceeding 20" x 20" x 6", ground mounted cabinet not to exceed 2' x 2' x 1’ and other considerations, such as, but not limited to, the addition of shrouding and landscaping to mitigate the visual impact of the equipment. If an agreement cannot be reached, then the City Board of Public Works shall intervene and decide.
        5. v.
          All support structures shall have a plaque identifying the structure, the owner and the owner's contact information, said plaque shall not exceed 0.25 square feet.
        6. vi.
          All wiring and fiber shall be concealed within the support structure and all conduit, wiring and fiber shall be buried between structures and/or structures and ground mounted cabinets. All service lines (e.g. electric lines) to the support structure must also be buried unless service lines in the support structure are aerial then service lines to the support structure can also be aerial, except for any service drop crossing a street or roadway which would need to be bored and placed under such street or roadway.
        7. vii.
          Wireless support structures and facilities shall be designed to blend into the surrounding environment using color, camouflaging and architectural treatment and the entire facility shall be aesthetically and architecturally compatible with its environment. The use of materials compatible with the surrounding environment is required for associated support structures, which shall be designed to architecturally match the exterior of residential or commercial structures within the neighborhood or area. Specific requirements for aesthetics of the wireless support structures and facilities shall be in accordance with standards established by the City Board of Public Works, from time to time.
      4. d.
        Continued Operation: A person receiving a permit for a new (i) construction of a new wireless support structure; (ii) substantial modification of a wireless support structure; or (iii) collocation of wireless facilities on an existing structure explicitly agrees that if the wireless support structure or wireless facilities are not used for a period of six (6) consecutive months, they will be removed by the facilities owner at its expense. Should such owner fail to remove the wireless support structure or wireless facilities after 30 business days from the date a Notice of Violation is issued by the City, the City may remove such structure or facilities and bill the owner for the costs of removal and cleanup of the site. The owner of any facility shall annually file a copy of any inspections completed on such wireless support structure or wireless facilities with the permit authority for continued operation and use of the wireless support structure or wireless facilities.
      5. e.
        Confidential Information: All confidential information submitted by an applicant shall be maintained to the extent authorized by Indiana Code 5-14-3 et. seq.
    2. 5.
      New Wireless Support Structures.
      1. a.
        Contents of Application: An application for a permit shall include the following:
        1. i.
          The name, business address, and point of contact for the applicant.
        2. ii.
          The location address, and Latitude and Longitude of the proposed or affected wireless support structure or wireless facility, and identify all small cell towers within 1,500 feet of the proposed new support structure.
        3. iii.
          A construction plan, as defined herein, that describes the proposed wireless, support structure and all equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment sufficient to determine compliance with these standards.
        4. iv.
          Evidence supporting the choice of location, including, without limitation.
          1. a)
            Maps or plats showing the proposed location(s) of applicant's proposed wireless support structure; and
          2. b)
            A sworn statement from the individual responsible for the choice of location demonstrating that collocation of wireless facilities on an existing wireless support structure was not a viable option.
      2. b.
        Single Application: An applicant may submit one (1) application for multiple wireless service facilities that are located within JURIS-OL. The Department may issue a single permit for all wireless support structures and service facilities included in the application rather than individual permits for each wireless support structure and service facility.
      3. c.
        Variances: If the proposed wireless support structure is not a permitted use under an applicable zoning ordinance, the applicant shall additionally submit evidence showing that the application complies with the criteria for a variance of use from the terms of the zoning ordinance.
      4. d.
        Procedure:
        1. i.
          Determination of Completion/Defects: Within 10 business days of receipt of an application, the permit authority shall review the application to determine if the application is complete. If the permit authority determines that an application is not complete, the permit authority shall notify the applicant in writing of all defects in the application. An applicant that receives a written notice of incompletion may cure the defects and resubmit the application within 30 business days of receiving the notice. If an applicant is unable to cure the defects within the 30-day period, the applicant shall notify the permit authority of the additional time the applicant requires to cure the defects.
        2. ii.
          Decision by Permit Authority: Not more than 14 business days after the permit authority makes an initial determination of completeness, the permit authority shall: (i) review the application to determine if it complies with applicable requirements of this Section (ii) review the application to determine if it complies with standards required as established by the permit authority, and (iii) notify the applicant in writing whether the application is approved or denied. However, if the applicant requested additional time to cure defects in the application, the 14 business days shall be extended for a corresponding, reasonable amount of time.
      5. e.
        Written Determinations: A written determination shall state clearly the basis for the decision to approve or deny an application. If the permit authority denies an application, the written determination must include substantial evidence in support of the denial. If a use variance is needed, a determination is considered written if it is included in the minutes of a public meeting of the permit authority.
    3. 6.
      Substantial Modification. A substantial modification shall result in a new application and shall follow the same process for a New Wireless Support Structures described above.
    4. 7.
      Collocation. An application for a permit for collocation shall follow the same process as a New Wireless Support Structures described above.
    5. 8.
      Construction Requirements. All antennas, telecommunication towers, accessory structures and any other wiring constructed within the Commission jurisdiction shall comply with the following requirements:
      1. a.
        All applicable provisions of this UDO and the Building Code of the State of Indiana, as amended, and the FCC when applicable.
      2. b.
        All wireless facilities and support structures shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the Uniform Building Code, as amended, and the Electronics Industry Association.
      3. c.
        All wireless facilities and support structures shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code, as amended.
      4. d.
        All wireless facilities and support structures shall be constructed to conform with the requirements of the OSHA.
      5. e.
        All wireless facilities and support structures shall be designed and constructed to all applicable standards of the ANSI manual, as amended.
    1. E.
       Solar Energy Systems
      1. 1.

        Applicability. 

        1. a.
          The requirements of this Section shall apply to all solar energy systems permitted, installed, or modified in the City after the effective date of this Ordinance, excluding general maintenance and repair. 
        2. b.
          Solar energy systems constructed or installed prior to the effective date of this Ordinance shall not be required to meet the requirements of this Ordinance.
        3. c.
          Modifications to, retrofits or replacements of an existing solar energy system that increase the total energy output shall be subject to this Ordinance.
      2. 2.
        Use Standards.
        1. a.
          Solar, Building-Mounted. The standards of this subsection apply to roof-mounted and wall-mounted solar energy systems.
          1. 1.
            Output. The system shall not produce more than one megawatt of electricity.
          2. 2.
            Location on the structure.
            1. a.
              SES is permitted to be on any primary and accessory structure. 
            2. b.
              Roof-mounted SES may be located on any roof plane. 
            3. c.
              Wall-mounted SES may not be located on a Front Façade, unless designed to be integrated with the walls.
          3. 3.
            Height. Solar energy system may exceed the permitted maximum height of the underlying zoning district per primary or accessory structure that the system is affixed to by a maximum of: 
            1. a.
              Residential zoning districts. Thirty-six (36) inches.
            2. b.
              Mixed-Use and Non-Residential zoning districts: Sixty (60) inches.
          4. 4.
            Projections. 
            1. a.
              Roof-mounted SES may not project horizontally further than the existing roof footprint or overhang. 
            2. b.
              Wall-mounted SES may project horizontally into the side and rear yards only but shall also meet the requirements of Sec. 6.16.3.A Setback Encroachments, Building Features.
          5. 5.
            Signs. Signage or writing of any kind is not permitted on any portion of system, other than required manufacturer plates and safety labeling.
        2. b.
          Solar, Freestanding. The standards of this subsection apply to freestanding solar energy systems, other than Parking Lot Canopy SES.
          1. 1.
            Output. An accessory freestanding SES shall produce less than one megawatt of electricity. A primary use freestanding SES may produce one megawatt of electricity or more.
          2. 2.
            Location. Freestanding SES shall not be located in the established front yard and are permitted only in the side and rear yards.
          3. 3.
            Size. Freestanding SES square footage shall not count towards the total accessory structures or building floor area.
          4. 4.
            Height. An accessory freestanding SES shall meet the maximum permitted height requirement for accessory structures of the underlying zoning district. A primary use freestanding SES shall meet the maximum permitted height requirement for a primary structure of the underlying zoning district.
          5. 5.
            Setbacks. Accessory freestanding SES shall meet the setback requirements for accessory structures of the underlying zoning district. Primary use freestanding SES shall meet the applicable primary structure setback requirements of the underlying zoning district.
          6. 6.
            Lot Coverage. The portions of the freestanding SES that do not touch the ground shall not be counted towards the lot coverage requirement.
          7. 7.
            Signs. Signage or writing of any kind is not permitted on any portion of the system, other than required manufacturer plates and safety labeling.
        3. c.
          Solar, Parking Lot Canopy. The standards of this subsection apply to the Parking Lot Canopy Solar Energy Systems as defined in this UDO.
          1. 1.
            Output. The system shall not produce more than one megawatt of electricity.
          2. 2.
            Location. The system may be located in the established front, side, or rear yard over the existing or proposed parking lot structure.
          3. 3.
            Setbacks. 
            1. a.
              The system shall meet the required front building setback of the underlying zoning district. 
            2. b.
              Any portion of the system, including overhangs, shall be set back from the side and rear lot lines a minimum of ten (10) feet.
          4. 4.
            Signage. Signage or writing of any kind is not permitted on any portion of any parking lot canopy solar energy system, other than required manufacturer plates or safety labeling.
        4. d.
          Commercial Solar Energy System. The standards of this subsection apply to Commercial SES as defined in this UDO.
          1. 1.
            Adopted state code. Under the provisions of I.C. 8-1-42, et seq., the City of Fishers adopts Commercial Solar Energy Systems regulations, specifically sections IC 8-1-42-10 through IC 8-1-42-20 with the following amended standards:
            1. a.
              Location. The system is permitted to be located on the lot as allowed per specific type of SES (freestanding, building-mounted, roof-mounted, parking lot canopy).
            2. b.
              Setbacks. In addition to meeting state setback and minimum distances from certain rights-of-way requirements, the Commercial SES shall meet the minimum setback requirements per zoning district and per specific type of SES (freestanding, building-mounted, roof-mounted, parking lot canopy). 
            3. c.
              Landscape buffer. Commercial SES shall meet the landscape buffer requirements pursuant to this UDO. 
    2. F.
      Wind Energy Systems
      1. 1.
        Applicability
        1. a.
          The requirements of this Section shall apply to all wind energy systems permitted, installed, or modified in the City after the effective date of this Ordinance, excluding general maintenance and repair.
        2. b.
          Wind energy systems constructed or installed prior to the effective date of this Ordinance shall not be required to meet the requirements of this Ordinance.
        3. c.
          Modifications to, retrofits or replacements of an existing wind energy system that increase the total energy output shall be subject to this Ordinance.
      2. 2.
        Use Standards
        1. a.
          General Standards
          1. 1.
            Signs. Signage or writing of any kind is not permitted on any portion of any wind turbine, other than required manufacturer plates or safety labeling.
          2. 2.
            Lighting. Small wind energy systems shall provide lighting per Federal Aviation Administration (FAA) regulations. Lighting shall be red and may not be of the incandescent variety, unless FAA regulations otherwise allow or require.
          3. 3.
            Clearance. Minimum clearance between the lowest tip of the rotor or blade and the ground is 10 feet.
          4. 4.
            Access. Climbing access (rungs or foot pegs) to the tower shall not start until 12 feet above grade to prevent unauthorized access.
          5. 5.
            Installation. Small wind energy systems shall be installed only by professional installers certified to install wind turbines, and only pursuant to manufacturer specifications.
        2. b.
          Wind Energy System, Large
          1. 1.
            Adopted state code. Under the provisions of I.C. 8-1-41, et seq., the City of Fishers adopts Wind Energy Systems regulations, specifically sections IC 8-1-41-10 through IC 8-1-41-16.
        3. c.
          Wind Energy System, Small
          1. 1.
            Height.
            1. a.
              In Residential zoning districts, an accessory small wind energy system may exceed the maximum building height of the applicable zoning district by 10 feet.
            2. b.
              In Mixed-Use zoning districts, an accessory small wind energy system may exceed the maximum building height of the applicable zoning district by 20 feet.
            3. c.
              In Non-residential zoning districts, an accessory small wind energy system may exceed the maximum building height of the applicable zoning district by 40 feet.
          2. 2.
            Setback. Each accessory small wind energy system shall be set back from each property line at least a distance equal to the height of the tower and blade with the blade in its highest vertical position.
          3. 3.
            Location. The system is permitted to be placed only in the established side and rear yards.
    3. G.
      Battery Storage Energy Systems
      1. 1.
        Purpose. The Battery Energy Storage System standards are adopted to advance and protect the public health, safety, welfare, and quality of life of the City by creating regulations for the installation and use of battery energy storage systems (BESS), with the following goals:
        1. a.
          To designate properties suitable for the location, construction and operation of BESS.
        2. b.
          To ensure compatible land uses in the vicinity of the areas affected by BESS. 
        3. c.
          To create synergy between battery energy storage system development and other stated goals of the community pursuant to the City’s Comprehensive Plan.
      2. 2.
        Applicability.
        1. a.
          The requirements of this Section shall apply to all battery energy storage systems permitted, installed, or modified in the City after the effective date of this Ordinance, excluding general maintenance and repair.
        2. b.
          Battery energy storage systems constructed or installed prior to the effective date of this Ordinance shall not be required to meet the requirements of this Ordinance.
        3. c.
          Modifications to, retrofits or replacements of an existing battery energy storage system that increase the total battery energy storage system designed discharge duration or power rating shall be subject to this Ordinance.
      3. 3.
        Other standards. Battery energy storage systems shall comply with all applicable national and state safety, fire, building, and electric codes, including the latest edition of NFPA 855 (Standard for the Installation of Stationary Energy Storage Systems) and NFPA 70. 
      4. 4.
        Use Permission.
        1. a.
          Tier I BESS. Tier I BESS shall be permitted in all zoning districts as an accessory use and shall be subject to the standards in this UDO.
        2. b.
          Tier II BESS. Tier II BESS shall be permitted in certain zoning districts as stated in Chapter 5. Uses, through the issuance of a Special Exception Permit.
      5. 5.
        Permit Requirements.
        1. a.
          A building permit and an electrical permit shall be required for installation of all battery energy storage systems.
        2. b.
          A site plan review shall be required for any part of the battery storage energy system installed outside of a building for consistency with the requirements in this UDO.
      6. 6.
        General Standards.
        1. a.
          Floodplain. Battery energy storage systems are prohibited in any designated floodplain and floodway.
        2. b.
          Utility lines and electrical circuitry. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, except for the main service connection at the utility company easement or right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and right-of-way.
        3. c.
          Floor Area. Battery energy storage systems shall not be counted towards the maximum floor area requirement. 
        4. d.
          Height. If located outside, BESS shall not exceed seven (7) feet in height.
        5. e.
          Screening. When BESS is located outside, it shall comply with the following screening standards.
          1. 1.
            Fence/wall. Battery energy storage systems, including all mechanical equipment, installed outside shall be screened by an opaque fence or wall around the entire perimeter and shall have a self-locking gate to prevent unauthorized access.
          2. 2.
            Vegetation. No woody plants shall be installed within 10 feet of the screening fence or wall to avoid combustion hazard. Areas within 10 feet of the BESS shall be cleared of combustible vegetation. 
        6. f.
          Setbacks. BESS including mechanical equipment and screening shall meet setback requirements for the accessory structures of the underlying zoning district.
        7. g.
          Noise. The 1-hour average noise generated from the battery energy storage systems, components, and associated accessory equipment shall not exceed a noise level of 45 dBA as measured at the subject site’s property lines. 
      7. 7.
        Tier II BESS Standards. In addition to the standards in this UDO and Article, Tier II battery energy storage system use shall meet the following standards.
        1. a.
          Special Exception Standards. At the stage of Special Exception review, the applicant shall submit documents to show adherence to the standards in this UDO and the following standards:
        2. b.
          Lot size. Minimum lot size required for Tier II BESS is 1 acre.
        3. c.
          Setbacks.  Any part of Tier II battery energy storage system shall meet setback requirements for the primary structure of the underlying zoning district and shall be located at least 50 feet from a property line abutting a residential use.
        4. d.
          Screening. Battery energy storage systems, including all mechanical equipment, installed outside shall be screened by an opaque fence or wall that is at least 7 feet tall around the entire perimeter and shall have a self-locking gate to prevent unauthorized access. The type and design of the fence/wall shall meet the requirements in Sec. 6.2.6.
        5. e.
          Height. Tier II BESS shall not exceed fifteen (15) feet in height, or the maximum height allowed for primary structure in the underlying zoning district, whichever is less.
        6. f.
          Signage. 
          1. 1.
            Signage shall comply with ANSI Z535 and shall include the type of technology associated with the battery energy storage systems, any special hazards associated, the type of suppression system installed in the vicinity of battery energy storage systems, and twenty-four-hour emergency contact information, including reach-back phone number.
          2. 2.
            Disconnect and other emergency shutoff information shall be clearly displayed on a light-reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
        7. g.
          Lighting. Lighting of the battery energy storage systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties and shall comply with the standards in Article 6.5. Exterior Lighting Standards.
      8. 8.
        Decommissioning.
        1. a.
          Decommissioning Plan. The applicant shall submit a decommissioning plan developed in accordance with this UDO, containing a narrative description of the activities to be accomplished for removing the battery energy storage system from service, and from the facility in which it is located. The decommissioning plan shall also include:
          1. 1.
            A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the site.
          2. 2.
            Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
          3. 3.
            The anticipated life of the battery energy storage system.
          4. 4.
            The estimated decommissioning costs and how said estimate was determined.
          5. 5.
            The method of ensuring that funds will be available for decommissioning and restoration.
          6. 6.
            The method by which the decommissioning cost will be kept current.
          7. 7.
            The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and
          8. 8.
            A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event.
        2. b.
          Decommissioning Fund. The applicant, or successors, shall continuously maintain a fund, bond, or security payable to the City, in a form approved by the City, for the removal of the battery energy storage system, in an amount to be determined by the City, for the period of the life of the facility. All costs of the financial security shall be borne by the applicant.
      9. 9.
        Permit submittal requirements. In addition to the documents required by this UDO for any building, electrical, and Improvement Location Permits, the following shall be submitted:
        1. a.
          An electrical diagram detailing the battery energy storage system layout, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over current devices.
        2. b.
          A preliminary equipment specification sheet that documents the proposed battery energy storage system components, inverters and associated electrical equipment that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of a building permit.
        3. c.
          Decommissioning Plan and Fund documents.
        4. d.
          Fire Safety Compliance Plan. The plan shall show compliance with the local and state fire safety requirements.
        5. e.
          Operation and Maintenance Manual. Such plan shall describe continuing battery energy storage system maintenance and property upkeep, as well as design, construction, installation, testing and commissioning information.
        6. f.
          Emergency Operations Plan. A copy of the approved Emergency Operations Plan shall be given to the system owner, the local fire department, and local fire code official. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders. The emergency operations plan shall include the following information:
          1. 1.
            Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe start-up following cessation of emergency conditions.
          2. 2.
            Procedures for inspection and testing of associated alarms, interlocks, and controls.
          3. 3.
            Procedures to be followed in response to notifications from the Battery Energy Storage Management System, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to fire department personnel for potentially hazardous conditions in the event of a system failure.
          4. 4.
            Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the fire department, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire.
          5. 5.
            Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required.
          6. 6.
            Procedures for dealing with battery energy storage system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment from the facility.
          7. 7.
            Other procedures as determined necessary by the [Village/Town/City] to provide for the safety of occupants, neighboring properties, and emergency responders.
          8. 8.
            Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures.
      10. 10.
        Permit time frame and abandonment. The battery energy storage system shall be considered abandoned when it ceases to operate consistently for more than one year. If the owner and/or operator fails to comply with decommissioning upon any abandonment, the City may, at its discretion, utilize the available bond and/or security for the removal of a Tier II battery energy storage system and restoration of the site in accordance with the decommissioning plan. 
      11. 11.
        Ownership Changes. If the owner of the battery energy storage system changes or the owner of the property changes, the Special Exception approval shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the Special Exception, ILP and building permit approval(s), and decommissioning plan. A new owner or operator of the battery energy storage system shall notify the Director in writing of such change in ownership or operator within 60 days of the ownership change. The Special Exception and all other local approvals for the battery energy storage system shall be considered void if a new owner or operator fails to provide written notification to the Director in the required time frame. Reinstatement of a void Special Exception will be subject to the same review and approval processes for new applications under this section.
    4. H.
      Use Standards for All Other Civic Uses

    A buffer yard in accordance with Section 6.7.4 Buffer Yards must be established along all property lines abutting a residential use.  


    Effective on: 4/21/2025

    Adult Bookstore
      1. Adult Bookstore: An establishment having more than 10% of its stock in trade and/or sales area in books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas.

    • Effective on: 1/1/1901

    Adult Business
      1. Adult Business: Any commercial activity whether conducted intermittently or full time, which primarily involves the sale, display, exhibition, or viewing of books, magazines, films, photographs, or other materials, distinguished or characterized by an emphasis on matter depicting, describing, or relating to human sex acts, or by an emphasis on male or female genitals, buttocks, or female breasts. Such businesses shall include but not be limited to:
        1. Adult bookstore;
        2. Adult mini-motion picture theater;
        3. Adult motel;
        4. Adult motion picture arcade;
        5. Adult motion picture theater;
        6. Cabaret;
        7. Massage parlor; and
        8. Model studio.

    • Effective on: 1/1/1901

    Adult Entertainment
      1. Adult Entertainment: An adult bookstore, adult retail store, adult motion picture theater, or adult strip club or like uses.

    • Effective on: 1/1/1901

    L
  • Location. Adult Entertainment businesses are only allowed in the I1 Zoning District.
  • Prohibitions. The establishment, enlargement, reconstruction, resumption, or structural alteration of any adult business shall be prohibited if such business is within:
    1. 1,320 feet of any place of worship, public or private elementary or secondary school, private or public preschool or day care center, or public park.
    2. 1,320 feet of any residential zoning district or mobile home park zoning district.
  • Proximity. The distance between an adult business and any place of worship, school, park, day care center, residential zoning district, or mobile home park zoning district shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior structural wall of the adult business to the nearest property line of the church, day care center, school, park, residential zoning district. If any adult business is part of or included within an integrated center, the portion of such center or leased space occupied by such adult business shall be included in determining the closest exterior structural wall of such establishment.
  • Exterior Display. No adult business shall be conducted in any manner that permits the observation of any material depicting, describing, or relating to specified sexual activities or specified anatomical areas by display, decorations, sign, show window or other opening from any public way.

    • Effective on: 1/1/1901