Gary City Zoning Code

ARTICLE III

ZONING DISTRICTS

Sec. 123-134. - Division of districts.

In order to carry out the purposes and provisions of this article, the city is divided into the following zoning districts:

(1)

Residence districts.

a.	R1	One-family dwelling district.	Maximum floor area ratio of 0.5.
b.	R1A	One-family dwelling district.	Maximum floor area ratio of 0.5.
c.	R2	Single-family dwelling district.	Maximum floor area ratio of 0.5.
d.	R3	Single-family dwelling district.	Maximum floor area ratio of 0.5.
e.	R4	Two-family dwelling district.	Maximum floor area ratio of 0.75.
f.	R5	Multiple-family dwelling district.	Maximum floor area ratio of 1.0.
g.	R6	Multiple-family dwelling district.	Maximum floor area ratio of 2.0.
h.	R7	Multiple-family dwelling district.	Maximum floor area ratio of 3.0.

(2)

Business districts.

B1 Limited retail districts.

1.	B1-1	Maximum floor area ratio of 1.5.
2.	B1-2	Maximum floor area ratio of 2.0.

B2 General retail districts.

1.	B2-1	Maximum floor area ratio of 1.5.
2.	B2-2	Maximum floor area ratio of 2.5.
3.	B2-3	Maximum floor area ratio of 3.5.

B3 Limited service districts.

1.	B3-1	Maximum floor area ratio of 1.5.
2.	B3-2	Maximum floor area ratio of 2.5.

B4 General service districts.

1.	B4-1	Maximum floor area ratio of 2.0.
2.	B4-2	Maximum floor area ratio of 3.5.
3.	B4-3	Maximum floor area ratio of 4.0.

B5 Wholesale and motor vehicle districts.

	B5-1	Maximum floor area ratio of 2.5.
	B5-2	Maximum floor area ratio of 3.5.

(3)

Manufacturing districts.

M1 Limited manufacturing districts.

1.	M1-1	Maximum floor area ratio of 1.0.
2.	M1-2	Maximum floor area ratio of 1.5.

M2 General manufacturing districts.

1.	M2-1.	Maximum floor area ratio of 1.5.
2.	M2-2.	Maximum floor area ratio of 2.0.

M3 Heavy industrial district. Maximum floor area ratio of 5.0.

(4)

Floodplain district. F1 Floodplain district.

(Code 1960, § 6-301; Code 1989, § 163.013; Ord. No. 3376; Ord. No. 8256, § 1(163.013), 2-17-2009)

_____

Sec. 123-135. - Performance standards.

The performance standards for the M1 Manufacturing District, as set forth in section 123-217 regarding noise, odorous matter, vibration, toxic or noxious matter, glare or heat, and fire and explosive hazards, shall also apply to all residence or business districts.

(Code 1960, § 6-508; Code 1989, § 163.010; Ord. No. 3376; Ord. No. 8256, § 1(163.010), 2-17-2009)

Sec. 123-154. - Use and bulk regulations.

Use and bulk regulations applying specifically to residence districts are set forth in this division. Also applying to residence districts are additional regulations set forth as follows:

(1)

Article I of this chapter.

(2)

Article II of this chapter.

(3)

Article V of this chapter.

(4)

Chapter 117.

(Code 1960, § 6-601; Code 1989, § 163.050; Ord. No. 3376; Ord. No. 8256, § 1(163.050), 2-17-2009)

Sec. 123-155. - R1 and R1A One-Family Dwelling Districts.

(a)

The following land uses are authorized as permitted uses:

(1)

Residential uses, as follows: single-family detached dwellings.

(2)

Community services uses, as follows: schools, elementary and high, non-boarding and including playgrounds and athletic fields auxiliary thereto.

(3)

Miscellaneous uses, as follows: agricultural uses, including nurseries and truck gardens but not including the raising of poultry or livestock, provided no offensive odor or dust is created and there is no sale of products not produced on the premises.

(4)

Uses incidental to principal permitted uses, as follows:

Accessory uses.

Home occupations to permit by exception existing beauty shops and barbershops licensed by the state whose operation does not involve employed persons and is distinct and separate from residential quarters, provided the ownership, location, and license number are registered within 30 days after the adoption of this amendment in the office of the plan commission and the use is not reinstituted if terminated or relinquished for any reason by the original registrant.

Temporary buildings for construction purposes, for a period not to exceed the duration of the construction.

(b)

The following land uses are authorized as transitional land uses section 123-59(a):

(1)

When bordering a residential or business district, a two-family detached dwellings and group living structures.

(2)

When tangential to a business district, principal offices of professional persons for the practice of medicine, dentistry, law, architecture, engineering and similar professions. Each office must he situated in the same dwelling unit as the home of the occupant, with not more than two persons other than members of the occupant's immediate family employed; and the residential character of the exterior of the dwelling shall be entirely maintained, except for the display of the accessory business signs permitted under the provisions of chapter 117.

(c)

The following land uses may be allowed as special uses by approval of the board of zoning appeals of the city in accordance with this chapter:

(1)

Cemeteries, including crematories and mausoleums in conjunction therewith, if not located within 300 feet of any other property in a residence district.

(2)

Colleges or universities, but not business colleges or trade schools.

(3)

Convents and monasteries.

(4)

Hospitals, nursing home/convalescent center; assisted living center; intermediate care facility; independent living center; group home - community residence, state-licensed;

(5)

Golf courses, but not including commercially-operated driving ranges or miniature golf courses.

(6)

Institutions for children.

(7)

Open spaces, parks, playgrounds, and community centers, publicly and privately owned and operated.

(8)

Planned developments, residential.

(9)

Public utility and public service uses, including the following:

Bus turnarounds (off-street).

Fire stations.

Police stations.

Public art galleries and museums.

Telephone exchanges.

Railroad facilities.

Water filtration plants.

Water pumping stations.

Public libraries.

Water reservoirs.

Electric and gas public utilities.

(10)

Community and recreational buildings, privately owned and operated, not-for profit.

(11)

Nursery schools and day care.

(12)

Type I manufactured homes.

(13)

Accessory off-street motor vehicle parking lots for other than residential uses.

(14)

Churches, temples, mosques, or other places of religious worship, including rectors and parish houses.

(d)

Every single-family detached dwelling hereafter erected and every two-family detached dwelling hereafter established as a transitional land use shall be on a zoning lot having a minimum area of 5,000 square feet and a minimum width of 59 feet at the building line. However, a lot of record on the effective date of the ordinance from which this chapter is derived which is less than 5,000 square feet in area or 40 feet in width may be improved with a single-family detached dwelling or a two-family detached dwelling as a transitional land use where authorized by the board of appeals in accordance with the provisions of this chapter.

(e)

Minimum lot sizes for special uses shall be prescribed by the common council with the advice of the plan commission at the time a special use permit is authorized, but in no case shall any lot size be less than 12,000 square feet in area nor less than 80 feet in width.

(f)

The floor area ratio of buildings and structures on a zoning lot shall not exceed 0.5.

(g)

The maximum building coverage on a zoning lot shall not exceed 40 percent.

(h)

On every zoning lot, a front yard shall be provided. In no case shall the front yard be less in depth than 25 feet or 20 percent of the lot depth, whichever is less. The minimum depth shall be extended to not more than 40 feet where lots comprising 40 percent of the frontage on the same street and within the same block are developed, with buildings having front yards with a variation of not more than ten feet in depth, the average of front, yards to establish the minimum front yard depth for the entire frontage of the street within the same block.

(1)

For buildings exceeding 25 feet in height, the minimum front yard determined above shall be increased by one foot for each two feet or fraction thereof by which the building height exceeds 25 feet, but in no case shall a front yard of more than 40 feet be required.

(2)

Required front yards shall be unobstructed from ground level to sky except as otherwise provided in section 123-333.

(i)

On every zoning lot, side yards shall be provided as follows:

(1)

On a lot improved with a single-family detached dwelling of one story in height, a side yard shall be provided along each side lot line. The combined widths of both side yards shall be at least 12 feet or 20 percent of the lot width, whichever is less, provided neither side yard is less than five feet in width.

(2)

On a lot improved with a one-family detached dwelling of more than one story in height above grade, or with a two-family detached dwelling as a transitional land use, a side yard shall be provided along each side lot line. The combined widths of both side yards shall be at least 15 feet or 25 percent of the lot width, whichever is less, provided neither side yard is less than five feet in width.

(3)

For all other buildings on a lot improved with a building other than a residential dwelling, a side yard shall be provided along each side lot line. Each side yard shall be not less in width than one-half of the building height as defined in this chapter, but in no case less than 15 feet; however, this paragraph shall not pertain to section 123-155(a).

(4)

On a reversed corner lot, the side yard adjacent to the street shall not in any case be less than ten feet in width, except as provided in section 123-155(i)(5).

(5)

If a lot of record on the effective date of the ordinance from which this chapter is derived which is 40 feet or less in width is to be improved with a one-family detached dwelling, and if an adjacent lot is already improved with a principal building, the side yard contiguous to the adjacent improved lot may be reduced below five feet but not below three feet, provided there is a minimum distance of ten feet between buildings and provided the combined width of both side yards of the subject lot shall in no case be less than eight feet.

(6)

Required side yards shall be unobstructed from ground level to sky except as otherwise provided in section 123-333.

(j)

On every zoning lot, a rear yard shall be provided. The rear yard shall be not less in depth than two-thirds of the building height, as defined in this chapter, but in no case less than 30 feet. Required rear yards shall be unobstructed from ground level to sky, except as otherwise provided in section 123-333.

(k)

A one-story residential dwelling hereafter erected shall not have a total ground floor area of less than 1,200 square feet, and a dwelling of more than one story shall not have a total floor area of less than 1,500 square feet. For the purposes of this determination, each floor shall be considered to be a continuous and unbroken surface extending to the exterior surfaces of exterior walls, but the following shall not be included in the measurement of floor area: basements or cellars if more than 25 percent of the story height is below finished grade; open porches; breezeways; accessory buildings, attached or detached; and other spaces not designed primarily for dwelling purposes.

(Code 1960, §§ 6-602—6-605, 6-607—6-610, 6-611—6-613; Code 1989, § 163.051; Ord. No. 3376; Ord. No. 3376; Ord. No. 3402; Ord. No. 3752; Ord. No. 3764; Ord. No. 3812; Ord. No. 3924; Ord. No. 3937; Ord. No. 4016; Ord. No. 4018; Ord. No. 4058; Ord. No. 4264; Ord. No. 4316; Ord. No. 4515, 12-13-1970; Ord. No. 5965, 2-7-1984; Ord. No. 6894, §§ 2—4, 5-20-1997; Ord. No. 8256, § 1(163.051), 2-17-2009)

Sec. 123-156. - R2 Single-Family Dwelling Districts.

(a)

The following land uses are authorized as permitted uses: any land use authorized as a permitted use in an R1 and R1A district as set forth in section 123-155(a).

(b)

If not authorized as a permitted use in an R1 and R1A district or herein, the following land uses are authorized as transitional uses: any land use authorized as a transitional use in an R1 and R1A district as set forth in section 123-155(b).

(c)

If not authorized as a permitted use or a transitional use in an R1 and R1A district or herein, the following land uses are authorized as special uses: any land use authorized as a special use in an R1 and R1A district as set forth in section 123-155(c).

(d)

Every single-family detached dwelling hereafter erected and every two-family detached dwelling hereafter established as a transitional use shall be on a zoning lot having a minimum area of 6,000 square feet and a minimum width of 50 feet at the building line. However, a lot of record on the effective date of the ordinance from which this chapter is derived which is less than 6,000 square feet in area or 50 feet in width may be improved with a single-family detached dwelling where authorized by the board of appeals in accordance with the provisions of this chapter.

(e)

The floor area ratio of buildings and structures on a zoning lot shall not exceed 0.5.

(f)

The maximum building coverage on a zoning lot shall not exceed 35 percent.

(g)

The regulations governing front yards in an R1 district, as set forth in section 123-155(h), shall apply.

(h)

The regulations governing side yards in an R1 district, as set forth in section 123-155(i) shall apply in an R2 district.

(i)

The regulations governing rear yards in an R1 district as set forth in section 123-155(j) shall apply in an R2 district.

(Code 1960, §§ 6-614—6-620; Code 1989, § 163.052; Ord. No. 3376; Ord. No. 3930; Ord. No. 4013; Ord. No. 5965, 2-7-1984; Ord. No. 8256, § 1(163.052), 2-17-2009)

Sec. 123-157. - R3 Single-Family Dwelling Districts.

(a)

The following land uses are authorized as permitted uses: any use permitted in an R2 district, as set forth in section 123-156(a).

(b)

If not authorized as a permitted use in an R2 district or herein, the following land uses are authorized as transitional uses: any land use authorized as a transitional use in an R2 district as set forth in section 123-156(b).

(c)

If not authorized as a permitted use or a transitional use in an R2 district or herein, any land use authorized as a special use in an R2 district as set forth in section 123-156(c).

(d)

Every single-family detached dwelling hereafter erected and every two-family detached dwelling hereafter established as a transitional use shall be on a zoning lot having a minimum area of 7,000 square feet and a minimum of 60 feet at the building line. However, a lot of record on the effective date of the ordinance from which this chapter is derived which is less than 7,000 square feet in area or 60 feet in width may be improved with a single-family detached dwelling where authorized by the board of zoning appeals in accordance with 53 163.020 through 163.043.

(e)

The floor area ratio of buildings and structures on a zoning lot shall not exceed 0.5.

(f)

The maximum building coverage of all principal buildings on a zoning lot shall not exceed 35 percent.

(g)

The regulations governing front yards in an R2 district, as set in section 123-156(g) shall apply.

(h)

The regulations governing side yards in an R2 district, as set forth in section 123-156(h) shall apply in an R3 district.

(i)

The regulations governing rear yards in an R2 district, as set forth in section 123-156(i) shall apply in an R3 district.

(Code 1960, §§ 6-621—6-624—6-629; Code 1989, § 163.053; Ord. No. 3376; Ord. No. 3930; Ord. No. 4012; Ord. No. 5965, 2-7-1984; Ord. No. 8256, § 1(163.053), 2-17-2009)

Sec. 123-158. - R4 Two-Family Dwelling Districts.

(a)

The following land uses are authorized as permitted uses: any use permitted in an R3 district, as set forth in section 123-157(a); two-family detached dwellings and open spaces, parks, playgrounds, and community centers, publicly and privately owned and operated.

(b)

If not authorized as a permitted use in an R3 district or herein, the following land uses are authorized as transitional uses: any land use authorized as a transitional use in an R3 district as set forth in section 123-157(b); attached home (town home or row house) dwellings, party-wall type; and multiple-family detached dwellings.

(c)

If not authorized as a permitted use or a transitional use in an R3 district or herein, any land use authorized as a special use in an R3 district as set forth in section 123-157(c), including the following: grocery or convenience stores, less than 6,000 square feet and on corner lot and mobile home parks.

(d)

Further, the residential character of the exterior of the dwelling must be entirely maintained, except for the display of those accessory business signs that are permitted under the provisions of this chapter.

(e)

Any permitted use hereafter erected or established shall be on a zoning lot having a minimum area of 5,000 square feet and a minimum width of 40 feet at the building line, provided a lot of record on the effective date of the ordinance from which this chapter is derived which is less than 5,000 square feet in area or 40 feet in width may only be improved with a single-family detached dwelling where authorized by the board of appeals in accordance with this chapter.

(f)

The floor area ratio of buildings and structures on a zoning lot shall not exceed 0.75.

(g)

The maximum building coverage on a zoning lot shall not exceed 40 percent.

(h)

The regulations governing front yards in an R3 district, as set forth in section 123-157 shall apply.

(i)

On every zoning lot, side yards shall be provided as follows:

(1)

The regulations governing side yards for single-family detached dwelling shall be one story in height in a R1 and R1A district, as set forth in section 123-155(i)(1), shall apply in an R4 district.

(2)

On a lot improved with a permitted use of more than one story in height a side yard shall be provided along each side lot line. The combined widths of both side yards shall be at least 15 feet or 25 percent of the lot width, whichever is less, provided neither side yard is less than five feet in width.

(3)

On a lot improved with any non-residential building, a side yard shall be provided along each side of lot line. Each side yard shall be not less in width than one-third of the building height, but in no case less than 12 feet.

(4)

On a lot to be improved with an authorized transitional use, a side yard shall be provided along each side lot line. The combined widths of both side yards shall not be less than 16 feet, or 20 percent of the lot width, whichever is less, provided neither side yard is less in width than one-fifth of the building height, but in no case less than five feet, unless:

On a lot to be improved with a residential building having a building width, as defined in section 123-134, in excess of 80 feet, a side yard shall be provided along each side lot line. Each side yard shall be not less in width than ten percent of the building width or 20 percent of the building height, whichever computed yard width is the greater.

On a lot improved with a nonresidential building, a side yard shall be provided along each side lot line. Each side yard shall be not less in width than one-third of the building height but in no case less than 12 feet.

(5)

On a reversed corner lot, the side yard adjacent to the street shall not in any case be less than ten feet in width, except as provided in subsection (i)(4) of this section.

(6)

If a lot of record on the effective date of the ordinance from which this chapter is derived is 40 feet or less in width and is to be improved with a single-family detached dwelling, and if an adjacent lot is already improved with a principal building, then the side yard contiguous to the adjacent improved lot may be reduced below five feet, but not below three feet, provided there is a minimum distance of ten feet between buildings and provided the combined width of both side yards shall in no case be less than eight feet.

(7)

For all other building on a lot improved with a building other than a residential dwelling, a side yard shall be provided along each side lot line. Each side yard shall be not less in width than chapter, but in no case less than 15 feet. However, this subsection shall not pertain to section 123-155(a)(4).

(8)

On a reversed corner, the side yard adjacent to the street shall not in any case be less than ten feet in width, except as provided in section 123-158(h).

(9)

If a lot of record on the effective date of the ordinance from which this chapter is derived which is 40 feet or less in width is to be improved with a single-family detached dwelling, and if an adjacent lot is already improved with a principal building, the side yard contiguous to the adjacent improved lot may be reduced below five feet but not below three feet, provided there is a minimum distance of ten feet between buildings, and provided the combined width of both side yards of the subject lot shall in no case be less than eight feet.

(10)

Required side yards shall be unobstructed from ground level to sky except as otherwise provided in section 123-333.

(j)

The regulations governing rear yards in an R3 district, as set forth in section 123-157(i) shall apply in an R4 district.

(Code 1960, §§ 6-630—6-637, 6-638; Code 1989, § 163.054; Ord. No. 3376; Ord. No. 3736; Ord. No. 3930; Ord. No. 4011; Ord. No. 5965, 2-7-1984; Ord. No. 8256, § 1(163.054), 2-17-2009)

Sec. 123-159. - R5 Multiple-Family Dwelling Districts.

(a)

The following land uses are authorized as permitted uses:

(1)

Any use permitted in an R4 district as set forth in section 123-158(a).

(2)

Additional residential uses, as follows:

Attached home (town home or row house) dwellings, party-wall type;

Multiple-family detached dwellings;

Multiple-family dwellings.

(3)

Additional nonresidential uses, as follows: Principal offices of professional persons for the practice of medicine, dentistry, law, architecture, engineering and similar professions, except for the display of the accessory business signs permitted under the provisions of chapter 117, all limited to the ground floor.

(b)

If not authorized as a permitted use in an R4 district or herein, the following land uses are authorized as transitional uses: any land use authorized as a transitional use in an R4 district as set forth in section 123-158(b), including:

(1)

Planned developments, residential.

(2)

Public utility and public service uses, including the following.

Bus turnarounds (off-street).

Fire stations.

Police stations.

Public art galleries and museums.

Telephone exchanges.

Railroad facilities.

Water filtration plants.

Water pumping stations.

Public libraries.

Water reservoirs.

Electric and gas public utilities.

(3)

Community and recreational buildings whether privately owned and operated or not-for-profit.

(4)

Nursery schools and day-care.

(5)

Type I manufactured homes.

(6)

Accessory off-street motor vehicle parking lots for other than residential uses.

(7)

Churches, temples, mosques, rectors, parish houses.

(c)

If not authorized as a permitted use or a transitional use in an R4 district or herein, any land use authorized as a special use in an R4 district as set forth in section 123-158(c), including the following:

(1)

Nursing home/convalescent center;

(2)

Assisted living center;

(3)

Intermediate care facility;

(4)

Independent living center;

(5)

Group home - community residence, state-licensed;

(d)

For every residential dwelling unit established hereafter in R5 district, there shall be provided a minimum of 1,200 square feet of lot area. No existing land use shall be converted in such a way as to conflict with or further conflict with these requirements. No residential building shall be established hereafter on a lot which is less than 5,000 square feet in area and 40 feet in width at the building line, provided a lot of record on the effective date of the ordinance from which this chapter is derived which is less than 5,000 square feet in area or 40 feet in width may be improved with a single-family detached dwelling where authorized by the board of appeals in accordance with this chapter. No principal building other than a permitted residential building shall hereafter be established on a zoning lot having an area of less than 9,000 square feet and a width of less than 75 feet.

(e)

The floor area ratio of buildings and structures on a zoning lot shall not exceed 1.0.

(f)

The maximum building coverage on a zoning lot shall not exceed 40 percent.

(g)

The regulations governing front yards in an R4 district, as set forth in section 123-158(h) shall apply.

(h)

On every zoning lot, side yards shall be provided as follows:

(1)

On a lot to be improved with a residential building, a side yard shall be provided along each side lot line. The combined widths of both side yards shall not be less than 16 feet, or 20 percent of the lot width, whichever is less, provided neither side yard is less in width than one-fifth of the building height, but in no case less than five feet.

(2)

(3)

(4)

On a reversed corner lot, the side yard adjacent to the street shall not in any case be less than ten feet in width.

(5)

(6)

Required side yards be unobstructed from ground level except as otherwise provided in section 123-333.

(i)

On every zoning lot, a rear yard of not less than 30 feet in depth shall be provided. Required rear yards shall be unobstructed from ground level to the sky, except as otherwise provided in section 123-333. Rear yard requirements shall not apply to a through lot. However, on a through lot which measures at least 125 feet in depth, street to street, there shall be provided either of the following:

(1)

An unobstructed open strip located midway between the streets on which the lot fronts, and running across the full width of the lot, the strip to be at least ten feet in depth plus an additional two feet deep for every five feet or fraction thereof by which the lot depth exceeds 125 feet, to a total depth of 60 feet; or

(2)

An unobstructed open strip along all adjacent lot lines other than street lines, the strip to be at least five feet wide plus an additional one foot wide for every five feet or fraction thereof by which the lot depth exceeds 125 feet, to a total width of 30 feet.

(Code 1960, §§ 6-639—6-646; Code 1989, § 163.055; Ord. No. 3376; Ord. No. 3764; Ord. No. 3930; Ord. No. 4014; Ord. No. 4739, 12-19-1972; Ord. No. 5965, 2-7-1984; Ord. No. 8256, § 1(163.055), 2-17-2009)

Sec. 123-160. - R6 Multiple-Family Dwelling Districts.

(a)

The following land uses are authorized as permitted uses: any use permitted in an R5 district as set forth in section 123-159(a).

(b)

If not authorized as a permitted use in an R5 district or herein, the land uses authorized as transitional uses in an R5 district.

(c)

If not authorized as a permitted use or a transitional use in an R5 district or herein, any land use authorized as a special use in an R5 district as set forth in section 123-158(c).

(d)

For every dwelling unit established hereafter in an R6 district, there shall be provided a minimum of 1,250 square feet of lot area. No existing use shall be converted in such a way as to conflict with or further conflict with these requirements.

(e)

No residential building shall be established hereafter on a lot which is less than 7,500 square feet in area and 60 feet in width, provided a lot of record on the effective date of the ordinance from which this chapter is derived which is less than 7,500 square feet in area or 60 feet in width may be improved with a single-family detached dwelling where authorized by the board of appeals in accordance with this chapter.

(f)

The floor area ratio of buildings and structures on a zoning lot shall not exceed 2.0.

(g)

The maximum building coverage of all principal buildings on a zoning lot shall not exceed 40 percent.

(h)

The regulations governing front yards in an R5 district, as set forth in section 123-159(g) shall apply.

(i)

The regulations governing side yards in an R5 district, as set forth in section 123-159(h) shall apply.

(j)

The regulations governing rear yards in the R5 district, as set forth in section 123-159(j), shall apply. However, a rear yard in R6 may begin at a height of not more than six feet above curb level for the sole purpose of providing enclosed accessory off-street parking facilities beneath. However, when so elevated above normal grade level, there shall be no accessory buildings or other permanent structures erected on the yard and it shall be otherwise unobstructed from the lowest level to the sky, except as provided in section 123-333, when not in conflict with the foregoing requirement.

(Code 1960, §§ 6-647—6-539, 6-650—6-654; Code 1989, § 163.056; Ord. No. 3376; Ord. No. 4015; Ord. No. 5965, 2-7-1984; Ord. No. 8256, § 1(163.056), 2-17-2009)

Sec. 123-161. - R7 Multiple-Family Dwelling Districts.

(a)

The following land uses are authorized as permitted uses: any use permitted in an R6 district as set forth in section 123-160(a).

(b)

If not authorized as a permitted use in an R6 district or herein, the land uses authorized as transitional uses in an R6 district.

(c)

If not authorized as a permitted use or a transitional use in an R6 district or herein, any land use authorized as a special use in an R6 district as set forth in section 123-158(c).

(d)

For every dwelling unit established hereafter in an R6 district, there shall be provided a minimum of 6,000 square feet of lot area. No existing use shall be converted in such a way as to conflict with or further conflict with these requirements.

(e)

No residential building shall be established hereafter on a lot which is less than 10,000 square feet in area and 80 feet in width, provided a lot of record on the effective date of the ordinance from which this chapter is derived which is less than 10,000 square feet in area or 80 feet in width may be improved with a single-family detached dwelling where authorized by the board of appeals in accordance with this chapter.

(f)

The floor area ratio of buildings and structures on a zoning lot shall not exceed 3.0.

(g)

The maximum building coverage of all principal buildings on a zoning lot shall not exceed 50 percent.

(h)

The regulations governing front yards in an R6 district, as set forth in section 123-160(g) shall apply.

(i)

The regulations governing side yards in an R6 district, as set forth in section 123-160(h) shall apply.

(j)

The regulations governing rear yards in the R6 district, as set forth in section 123-160(j), shall apply.

(k)

No amendment shall be passed to change the zoning district of any lot, lots, or parcels of land to the R7 district zoning classification unless the lot, lots, or parcels of land are either zoned to the R5 or R6 zoning classification, or are of a business zoning classification with a floor area ratio of at least 2.5.

(Code 1960, §§ 6-655—6-663; Code 1989, § 163.057; Ord. No. 3800; Ord. No. 3800; Ord. No. 3930; Ord. No. 4875, 4-9-1974; Ord. No. 5965, 2-7-1984; Ord. No. 6894, § 5, 5-20-1997; Ord. No. 8256, § 1(163.057), 2-17-2009)

Sec. 123-191. - Applicable regulations.

Use and bulk regulations applying specifically to business districts are set forth in this division. Also applying to business districts are additional regulations set forth in other sections of this part as follows:

(1)

Article I of this chapter.

(2)

Article II of this chapter.

(3)

Article V of this chapter.

(4)

Chapter 117.

(Code 1960, § 6-701; Code 1989, § 163.065; Ord. No. 3376; Ord. No. 8256, § 1(163.065), 2-17-2009)

Sec. 123-192. - B1 Limited retail districts.

(a)

The following conditions shall be placed upon the land uses authorized as permitted or special use land uses in a B1 Limited Retail District:

(1)

Residential dwelling units of any type are not permitted below the second floor.

(2)

All business establishments shall be:

Retail or service establishment dealing directly with consumers.

All goods produced on the premises shall be sold at retail on the premises where produced, and not more than three person in addition to a single owner or manager shall be engaged at any one time in fabricating, repairing, cleaning, or processing of goods or products in any establishment.

Establishments shall be developed as pedestrian-orientated and shall include human scale design/development elements.

The following establishment elements shall be prohibited:

A drive-through/drive-up facility offering goods or services directly to customers waiting in parked or standing motor vehicles; and

Related to an automobile orientated development.

Establishments shall not be permitted which primarily sell alcohol under any ABL (an alcoholic beverage license as issued by the state alcohol and tobacco commission).

(3)

Business establishments classified as retail and service hereafter and authorized as permitted land uses are restricted to a maximum gross floor area of 12,500 square feet each, exclusive of any floor area devoted to off-street parking, shared parking or loading facilities.

(4)

All business, servicing, processing, or storage, except for off-street parking or loading, shall be conducted or located within completely enclosed buildings.

(b)

In the B1-1 and B1-2 districts the following land uses are authorized as permitted land uses, contingent upon the conditions under subsection (a) of this section:

(1)

Neighborhood related and pedestrian-orientated retail and services uses, as follows:

Book and stationery stores.

Custom dressmaking, tailor and millinery shops.

Drug and pharmaceutical stores.

Dry cleaning and laundry receiving stations, processing to be done elsewhere.

Florist shops.

Food stores, including grocery stores, meat markets, bakeries, candy and ice cream shops, delicatessens.

Hardware and home improvement store.

Personal service salons and shops: barber and beauty shops and nail salons.

Photography studio.

Restaurants, including cafes, coffee shops, tea houses, and internet/computer cafes.

(2)

Offices: business and professional.

(3)

Miscellaneous uses, as follows:

Open spaces, plazas and common greens.

Shared parking facilities.

Post offices.

Electric and gas public utilities.

Public libraries.

Nursery schools and day care/child care facilities, licensed by the state.

(4)

Residential land uses, subject to subsection (a)(1) of this section.

(5)

Uses incidental to principal permitted uses, as follows:

Accessory uses.

Home occupations.

Temporary buildings for construction purposes for a period not to exceed the duration of the construction.

(c)

In the B1-1 and B1-2 districts, the following land uses may be allowed as special uses by the board of zoning appeals in accordance with the provisions of this chapter:

(1)

Existing churches, temples or mosques or other religious houses of worship, provided their original design, purpose and use was for a house of worship and has at least 1,200 square feet of floor area and the required amount of off-street parking.

(2)

Convents, monasteries, rectories, parish houses.

(3)

Group living structures, institutions for the aged or for children.

(4)

Marquees and canopies and sign attached thereto as regulated in section 117-5.

(5)

Municipal or privately owned recreation buildings or community centers.

(6)

Public utility and public uses, including the following:

Public bus transit station, bus terminal, bus turnaround (off-street).

Fire stations.

Police stations.

Railroad passenger stations.

Railroad rights-of-way.

Water pumping stations.

Other similar public service land uses.

(7)

Radio, television or telecommunication towers.

(8)

Funeral parlors and undertaking establishments, with required parking facilities.

(d)

The maximum floor area ratio of buildings and structures on a zoning lot shall be as follows:

(1)

In a B1-1 district, the floor area ratio shall not exceed 1.5.

(2)

In a B1-2 district, the floor area ratio shall not exceed 2.40.

(e)

Where a B1-1 or B1-2 district adjoins a residence district, transitional yards shall be provided in accordance with the following regulations:

(1)

In a B1-1 or B1-2 district, where a side lot line coincides with a side or rear lot line of property in an adjacent residence district, a yard shall be provided along the side lot line. The yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the appropriate residence district.

(2)

In a B1-1 or B1-2 district, where a rear lot line coincides with a side lot line of property in an adjacent residence district, a yard shall be provided along the rear lot line. The yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the appropriate residence district. In addition, in a B1-1 or B1-2 district, where a rear lot line coincides with a rear lot line of property in an adjacent residence district, a yard shall be provided along the rear lot line. The yard shall be 20 feet in depth, but may begin at a height of 25 feet, or one story above grade, whichever is lower.

(3)

In a B1-1 or B1-2 district, where the extension of a front or side lot line coincides with the front lot line of an adjacent lot located in a residence district, a yard equal in depth to the minimum front yard required by this chapter on the adjacent lot in the residence district shall be provided along the front or side lot line for a distance of at least 25 feet, including the width of any intervening alley, from the lot in the residence district.

(4)

Transitional yards shall be unobstructed from the lowest level to the sky, except as allowed in section 123-333.

(f)

In the B1-1 or B1-2 districts, a side yard shall not be required, except for transitional yard requirements under subsection (e) of this section.

(g)

In the B1-1 or B1-2 districts, a front yard shall not be required, except for transitional yard requirements under subsection (e) of this section.

(h)

In the B1-1 or B1-2 districts, a rear yard shall be provided for residential uses located above the first floor, the yard to be not less than 30 feet in depth and to begin at a level no higher than that of the finished floor of the lowest residential unit. Required rear yards shall be unobstructed from the lowest level to the sky, except as allowed in section 123-333.

(i)

In a B1-1 district, for every dwelling unit established hereafter, there shall be provided a minimum of 1,200 square feet living area. However, for every efficiency dwelling unit there shall be provided not less than 800 square feet.

(j)

In a B1-2 district, for every dwelling unit established hereafter there shall be provided a minimum of 1,000 square feet. However, for every efficiency dwelling unit there shall be provided not less than 800 square feet.

(k)

No dwelling unit shall be established hereafter on a lot which is less than 5,000 square feet in area and 40 feet in width at the building line, provided a lot of record on the effective date of the ordinance from which this chapter is derived, which is less than 5,000 square feet in area or 40 feet in width may be improved with a building containing not more than two dwelling units. However, when the lot of record is less than 40 feet in width and is in the same ownership on or after the effective date of the ordinance from which this chapter is derived as an adjoining unimproved lot on the same street, it shall not be improved with a residential use unless both lots are combined as a single zoning lot for this purpose or unless further re-subdivision produces the requisite 40 feet minimum lot width.

(l)

No existing land use shall be converted, altered, rehabilitated or redeveloped in such a way as to conflict with or further conflict with the minimum lot size requirements for the zoning district in which they are located.

(Code 1960, §§ 6-702—6-708; Code 1989, § 163.066; Ord. No. 3376; Ord. No. 3531; Ord. No. 3937; Ord. No. 4152; Ord. No. 4595, 11-23-1971; Ord. No. 4669, 7-11-1972; Ord. No. 4739, 12-19-1972; Ord. No. 5891, 2-1-1983; Ord. No. 5965, 2-7-1984; Ord. No. 6246, 6-22-1988; Ord. No. 6628, §§ 1, 2, 9-10-1992; Ord. No. 6894, § 6, 5-20-1997; Ord. No. 7232, 5-15-2001; Ord. No. 8256, § 1(163.066), 2-17-2009)

Sec. 123-193. - B2 General retail districts.

(a)

In the B2-1 to B2-3 districts, inclusive, the conditions placed upon the land uses authorized as permitted or special use land uses in a B1 Limited Retail District shall apply unless superceded under subsections (b) and (c) of this section.

(b)

In the B2-1 to B2-3 districts, inclusive, the following land uses are authorized as permitted land uses:

(1)

Any land use permitted in the B1 Limited Retail Districts, as set forth in section 123-192(b), unless otherwise set forth or superseded hereafter.

(2)

Additional retail and service establishments, as follows:

Bank machines and automated teller machines (ATMs).

Camera and photographic supply stores.

Card and gift shops.

Clothes pressing establishments.

Garden supply and seed stores.

Gift shops.

Hobby stores, including but not limited to the collection of coins, stamps, limited edition/production goods.

Laundries and dry cleaners, automatic, self-service type or hand limited to a laundry operation of a retail nature where the work handled comes directly from the customer to the shop, and any noise, vibration, odor, or exhaust fumes shall not be transmitted beyond the zoning lot of the permitted use.

Locksmith shops.

Massage therapy salons.

Musical instrument stores, including minor repairs.

Office supply stores.

Picture framing establishments, when conducted for retail trade on the premises only.

Pet shops, sale of domestic animals and aquarium fish.

Schools, including music, dance, or business.

Shoe and hat repair stores.

Tailor shops.

Machinery sales rooms, with no repair or servicing, provided storage and display of machinery, except of household appliances and office machines such as typewriters, are restricted to new floor samples.

Schools, including music, dance, business or trade.

Ticket agencies, recreational and amusement.

Travel bureaus and transportation ticket offices.

Video and audio sales and rental establishments.

Video arcade or video game establishments.

(c)

In the B2-1 to B2-3 districts, inclusive, the following land uses are authorized and may be allowed as special uses by the board of zoning appeals in accordance with this chapter:

(1)

Any land use authorized as a special land use in a B1 district as set forth in section 123-192(c) that is not listed as a permitted land use under subsection (b) of this section.

(2)

Apartment buildings.

(3)

Restaurants, including live entertainment and appropriate ABL (alcoholic beverage license) issued by the state alcohol and tobacco commission.

(4)

Automotive dependant and related retail and service establishments, subject to the following:

An automobile service station shall not hereafter be erected except on a lot on the corner of an intersection of two streets or a lot situated on the corner where one street runs into another; the lot on which any automobile service station shall be hereafter erected shall have not less than 75 feet frontage on one street and not less than 100 feet frontage on the other street.

No portion of any building shall be less than 30 feet from any front property line or less than ten feet from any side or rear property line, nor shall any portion of any building be within 100 feet of a residential building.

No gasoline pumps less than 20 feet from any front line.

Any portion of a lot used for any automobile service station shall not be less than 200 feet away from any public, parochial, or other school, playground, hospital, church, or public library.

There shall not be more than one access way to any one public street unless the dimensions of the lot on the street exceeds 100 feet; then two access ways may be permitted on the street.

Along any street line on which the property abuts, a protective curb which meets city specifications shall be erected, and the curb shall be continuous except for the permitted 30-foot openings for accessways.

Whenever considered necessary for the protection of adjoining properties, either to reduce disturbance from noise or to form a harmonious and aesthetic transition from other commercial uses or from adjoining residential uses, the plan commission may require the erection of a fence or wall of whatever height they deem necessary, along the rear and side property lines, and that the fence or wall be supplemented with suitable planting of grass, trees, or shrubbery.

Automobile service stations erected in shopping centers will not be required to follow the regulation of being placed at an intersection as so stated herein, but these stations must comply with all other subdivisions herein.

An application for a special use permit may not be made for an automobile service station if the station will be utilized for the sale principally of the products of a particular oil company, if at the time of the application the oil company has any interest, whether by lease, deed, or contract, in any vacant or non-operating auto service station or stations, unless and until the land the vacated or non-operating station is environmentally mitigated.

For the purpose of enforcing these provisions, the city plan commission shall have the right to call for and review any presently existing or proposed documents concerning any auto service station special use permit location, presently existing or proposed, including but not limited to deeds, options, leases, assignments, and contracts.

(d)

The maximum floor area ratio of buildings and structures on a zoning lot shall be as follows:

(1)

In a B2-1 district the floor area ratio shall not exceed 1.5.

(2)

In a B2-2 district the floor area ratio shall not exceed 2.5.

(3)

In a B2-3 district the floor area ratio shall not exceed 3.5.

(e)

In the B2-1 to B2-3 districts, inclusive, the regulations governing transitional yards in the B1 districts, as set forth in section 123-192(e) shall apply.

(f)

In the B2-1 to B2-3 districts, inclusive, regulations governing side yards in the B1 districts, as set forth in section 123-192(f) shall apply.

(g)

In the B2-1 to B2-3 districts, inclusive, regulations governing front yards in the B1 districts, as set forth in section 123-192(g) shall apply.

(h)

In the B2-1 to B2-3 districts, inclusive, regulations governing rear yards in the B1 districts, as set forth in section 123-192(h) shall apply.

(i)

In the B2-1 to B2-3 districts, inclusive, regulations governing the minimum living areas in a B1-2 district, as set forth in section 123-192(i) shall apply.

(j)

An apartment building or similar multi-family dwelling unit shall not be established hereafter on a lot which is less than 7,500 square feet in area and 60 feet in width at the building line, provided a lot of record on the effective date of the ordinance from which this chapter is derived, which is less than 7,500 square feet in area or 60 feet in width may be improved with a building containing not more than two dwelling units. However, when the lot of record is less than 60 feet in width and is in the same ownership on or after the effective date of the ordinance from which this chapter is derived as an adjoining unimproved lot on the same street, it shall not be improved with a residential use unless both lots are combined as a single zoning lot for this purpose or unless further re-subdivision produces the requisite 60 feet minimum lot width.

(k)

(Code 1960, §§ 6-709—6-715; Code 1989, § 163.067; Ord. No. 3376; Ord. No. 4284; Ord. No. 4285; Ord. No. 5965, 2-7-1984; Ord. No. 8256, § 1(163.067), 2-17-2009)

Sec. 123-194. - B3 Limited Service Districts.

(a)

In the B3-1 and B3-2 districts, inclusive, the conditions placed upon the land uses authorized as permitted or special use land uses in a B2 Limited Retail District shall apply unless superceded under subsections (b) and (c) of this section or as follows:

(1)

All goods produced on the premises shall be sold at retail on the premises where produced.

(2)

Business and wholesale establishments classified as retail and service hereafter are restricted to a maximum gross floor area of 15,000 square feet each exclusive of any floor area devoted to off-street parking or loading facilities, except for any development established as a business mixed use development or lifestyle center development (see subsection (a)(3) of this section).

(3)

A business mixed use development or lifestyle center development on a site in excess of 75,000 square feet shall be developed within sustainable growth and/or sensible development principles and initiatives as approved by the commission.

(4)

Business and wholesale establishments classified as retail and service hereafter may include drive-through/drive-up facilities.

(5)

All business, servicing, processing, or storage, except for off-street parking or loading, shall be conducted or located within completely enclosed buildings unless otherwise indicated hereafter and except when establishment's of the through/drive-up facility offer goods and service directly to customers waiting in parked motor vehicles.

(b)

In the B3-1 and B3-2 districts, inclusive, the following land uses are authorized as permitted land uses:

(1)

Any land use permitted in the B2 General Retail Districts, as set forth in section 123-193(b), unless otherwise set forth or superseded hereafter.

(2)

Additional retail and service establishments, as follows:

Antique shops, resale store, consignment store, excluding thrift shops.

Art and school supply stores.

Art galleries.

Banquet halls;

Banks and financial institutions, including currency exchanges.

Carpet, rug, and linoleum stores.

China and glassware stores.

Employment agencies.

Furniture stores, including upholstering when conducted as part of the retail operations and secondary to the principal use.

Furrier shops, including the incidental storage and conditioning of furs.

Health/fitness center, privately owned.

Hotel and motel.

Clothing stores.

Interior decorating shops, including upholstering and making of draperies, slip covers, and other similar articles, when conducted as part of the retail operations and secondary to the principal use.

Jewelry stores, including watch repair.

Leather goods and luggage stores.

Medical and dental offices and clinics.

Movie theater, indoor.

Museum/cultural facility.

Optician shops.

Pawnshop.

Photograph developing and processing shops.

Physical culture and health services, including gymnasiums, swimming pools, reducing salons, state licensed message therapy salons.

Radio/television station;

Restaurants, including live entertainment and dancing and appropriate ABL (alcoholic beverage license) issued by the state alcohol and tobacco commission.

Sewing machine stores, household machines only.

aa.

Sporting goods stores.

bb.

Theater (dramatic, operatic, musical, or other live theatrical performance).

cc.

Tobacco shops.

dd.

Toy shops.

ee.

Trade/business/vocational educational facility or college/university.

ff.

Transit station or terminal.

gg.

Variety stores.

hh.

Wineries, brew pubs, taverns, bars or night club with appropriate ABL (alcoholic beverage license) issued by the state alcohol and tobacco commission.

(c)

In the B3-1 and B3-2 districts, inclusive, the following land uses are authorized and may be allowed as special uses by the board of zoning appeals in accordance with this chapter:

(1)

Any land use authorized as a special land use in a B2 district as set forth in section 123-193(c) that is not listed as a permitted land use under subsection (b) of this section.

(2)

Ambulance service.

(3)

Amusement, athletic and entertainment establishments including bowling alleys, pool halls, dance halls, skating rinks, and other similar places of recreation and other amusement centers, including places of assembly devoted thereto, such as stadiums and arenas.

(4)

Blueprinting and photostatting establishments.

(5)

Caskets and casket supplies.

(6)

Catering establishments.

(7)

Controlled substance abuse center, subject to the following:

The proposed controlled substance abuse center shall be sited on an arterial street.

The proposed location and utilization of the controlled substance abuse center may not have a detrimental effect on the privacy, quiet, and light of the surrounding or adjacent structures.

Off-street parking must be provided for. Insofar as possible off-street parking facilities shall be grouped in bays, either adjacent to the street or in the interior of blocks. No off-street parking shall be more than 100 feet by the most direct pedestrian route from the door of the controlled substance abuse center. Common parking facilities for three or more automobiles shall provide space outside the public right-of-way for maneuvering incidental to parking.

There shall be provided a minimum of one parking space per staff person in the center.

There shall be provided a minimum of five parking spaces per individual practitioner in the center.

Off-street parking and loading areas and the entrance and exits of these areas will be adequate in terms of location, design, and construction to serve the use of a controlled substance abuse center.

In the event the structure or premises occupied by a controlled substance abuse center becomes and remains vacant for a continuous period of six months or more, the use of the same shall thereafter conform to the use regulations of the adjacent zoning in which the structure or premises is located.

No controlled substance abuse center shall be enlarged, extended, reconstructed, or structurally altered, unless such use is changed to a use which conforms to the use regulation of the adjacent zoning; provided, however, that a structure or premises may be physically enlarged, extended, reconstructed, or structurally altered to the extent necessary for compliance with any existing and applicable law or ordinance specifying minimum standards of health or safety.

The vehicular traffic may neither hinder the general traffic flow nor endanger pedestrian traffic.

Any used or emptied container or vial that has previously contained or encapsulated a controlled substance is to be retrieved and crushed. The crushed matter is then to be properly disposed of in accordance with state laws and environmentally acceptable procedures.

All exterior garbage containers, trash bin area, or other outside storage areas shall be screened by an opaque enclosure of not less than five feet in height.

In approving a special use permit for the operation of a controller substance abuse center, the plan commission may impose such reasonable restrictions and conditions as in its opinion will accomplish the intent of this Code.

(8)

Exterminating shops.

(9)

Greenhouses (retail only).

(10)

Laboratories, medical, dental, research, and testing.

(11)

Microbrewery.

(12)

Orthopedic, medical, and surgical appliance stores, not including the assembly or manufacture of these article.

(13)

Plumbing showrooms, retail and wholesale establishments.

(14)

Blueprinting and photostatting establishments, including printing establishments for letter press, business cards, mimeographing, and other similar custom printing services.

(d)

Definitions. For the purpose of this chapter, the following definitions shall apply:

Controlled substance means any and all substances listed, and amended to include, in the Indiana Uniform controlled Substance Act Schedules I through V, to include, while not being limited to:

(1)

Each of the opiates, opium derivatives, or hallucinogenic substances, including their isomers, esters, ethers, salts and salts of isomers, esters and ethers whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation;

(2)

Substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or a combination of extraction and chemical synthesis; and

(3)

Opium, including raw opium, opium extracts, opium fluid extracts, powdered opium, granulated opium, deodorized opium, and tincture of opium.

Controlled substance abuse center means a center which is operated by either an individual practitioner, institutional practitioner, or person (other than an individual) where the primary function of the center is to provide, through the dispensing of detoxification substances, for the detoxifying of individuals who are abusers of controlled substances.

Dispensing means the issuance of one or more doses of a drug or substance.

Individual practitioner means a physician or other individual licensed, registered, or otherwise permitted by the state or the United States, to dispense a controlled substance in the course of professional practice, but does not include a pharmacist, a pharmacy, or an institutional practitioner.

Institutional practitioner means a hospital or other person (other than an individual) licensed, registered, or otherwise permitted by the state or the United States, to dispense a controlled substance in the course of practice, but does not include a pharmacy.

Person means any individual, corporation, government, or governmental subdivision or agency, business, trust, partnership, association, or other legal entity.

Substance means any chemical compound recognized in the official United States Pharmacopoeia, official National Formulary, official Homeopathic Pharmacopoeia of the United States, or any supplement to any of those drugs intended for use in the treatment of people.

Substance abuse means psychological or physical dependence on the effects of drugs or substances or such abuse of the use of drug or substances as is harmful to the individual or society.

Substance abuser means any person who has developed a psychological or physical dependence on the effects of drugs or substances, or any person's usage of drugs or substances so that the person or society is harmed.

(e)

The maximum floor area ratio of buildings and structures on a zoning lot shall be as follows:

(1)

In a B3-1 district, the floor area ratio shall not exceed 1.5.

(2)

In a B3-2 district, the floor area ratio shall not exceed 2.5.

(f)

In the B3-1 to B3-2 districts, inclusive, the regulations governing transitional yards in the B2 districts, as set forth in section 123-193(e) shall apply.

(g)

In the B3-1 to B3-2 districts, inclusive, regulations governing side yards in the B2 districts, as set forth in section 123-193(f) shall apply.

(h)

In the B3-1 to B3-2 districts, inclusive, regulations governing front yards in the B2 districts, as set forth in section 123-193(g) shall apply.

(i)

In the B3-1 to B3-2 districts, inclusive, regulations governing rear yards in the B2 districts, as set forth in section 123-193(h) shall apply.

(j)

In the B2-1 to B2-3 districts, inclusive, regulations governing the minimum living areas in a B2-3 district, as set forth in section 123-193(i) shall apply.

(k)

An apartment building or multifamily dwelling unit shall not be established hereafter on a lot which is less than 10,000 square feet in area and 75 feet in width at the building line, provided a lot of record on the effective date of the ordinance from which this chapter is derived, which is less than 10,000 square feet in area or 75 feet in width may be improved with a building containing not more than two dwelling units. However, when the lot of record is less than 60 feet in width and is in the same ownership on or after the effective date of the ordinance from which this chapter is derived as an adjoining unimproved lot on the same street, it shall not be improved with a residential use unless both lots are combined as a single zoning lot for this purpose or unless further re-subdivision produces the requisite 75 feet minimum lot width.

(l)

(Code 1960, §§ 6-716—6-722; Code 1989, § 163.068; Ord. No. 3376; Ord. No. 4102; Ord. No. 4368; Ord. No. 4387; Ord. No. 4744, 1-9-1973; Ord. No. 5534, 6-19-1979; Ord. No. 5965, 2-7-1984; Ord. No. 8256, § 1(163.068), 2-17-2009)

Sec. 123-195. - B4 General Service Districts.

(a)

In the B4-1 to B4-3 districts, inclusive, the conditions placed upon the land uses authorized as permitted or special use land uses in a B3 Limited Service District shall apply unless superseded under subsections (b) and (c) of this section as follows:

(1)

Dwelling units that are part of or located in a hotel or motel development are permitted below the second floor.

(2)

All business, servicing, processing, or storage shall be conducted or located within completely enclosed buildings unless otherwise indicated hereafter, and except when establishments of the drive through/drive-up facility offer goods and services directly to customers waiting in parked or standing motor vehicles. However, off-street loading facilities and off-street parking of motor vehicles under a 3.25-ton curb weight, but not for sale or display purposes, may be unenclosed, except for the screening of off- street parking and loading facilities as may be required under the provisions of this chapter.

(b)

In the B4-1 to B4-3 districts, inclusive, the following land uses are authorized as permitted land uses:

(1)

Any land use permitted in the B3 Limited Service District, as set forth in section 123-194(b), unless otherwise set forth or superseded hereafter.

(2)

Additional retail and service establishments, as follows:

Ambulance service.

Amusement, athletic and entertainment establishments including bowling alleys, pool halls, dancehalls, skating rinks, and other similar places of recreation and other amusement centers, including places of assembly devoted thereto, such as stadiums and arenas.

Animal grooming service.

Animal clinic, veterinary clinic, not including animal kennel or boarding other than for pre- and post-clinical procedures or care.

Blueprinting and photostatting establishments, including printing establishments for letter press, business cards, mimeographing, and other similar custom printing services.

Catering establishments.

Data processing facility, less than 10,000 square feet and not be located on the ground floor within 50 feet of any street.

Greenhouses.

Laboratories, including medical, dental, research, and testing not be located on the ground floor within 50 feet of any street.

Newspaper printing and publishing.

Orthopedic, medical, and surgical appliance stores, not including the assembly or manufacture of these article.

Plumbing showrooms, retail and wholesale establishments.

Restricted production and repair, limited to art needlework and hand weaving, clothing, custom manufacturing and alterations, for retail only; jewelry from precious metal; watches; dentures; and optical lenses.

Wholesale establishments, provided that storage is limited to samples only, not be located on the ground floor within 50 feet of any street.

Vehicle emission testing facility.

(c)

In the B4-1 to B4-3 districts, inclusive, the following land uses are authorized and may be allowed as special uses by the board of zoning appeals in accordance with the provisions of this chapter:

(1)

Any land use authorized as a special land use in a B3 Limited Business District, as set forth in section 123-194(c) that is not listed as a permitted land use under subsection (b) of this section, except for controlled substance abuse centers.

(2)

Advertising signs (billboards).

(3)

Planned development, business.

(d)

The maximum floor area ratio of buildings and structures on a zoning lot shall as follows:

(1)

In a B4-1 district, the floor area ratio shall not exceed 2.0.

(2)

In a B4-2 district, the floor area ratio shall not exceed 3.5.

(3)

In a B4-3 district, the floor area ratio shall not exceed 4.0.

(e)

In the B4-1 to B4-3 districts, inclusive, the regulations governing transitional yards in the B3 districts, as set forth in section 123-194(f) shall apply.

(f)

In the B4-1 to B4-3 districts, inclusive, regulations governing side yards in the B3 districts, as set forth in section 123-194(g) shall apply.

(g)

In the B4-1 to B4-3 districts, inclusive, regulations governing front yards in the B3 districts, as set forth in section 123-194(h) shall apply

(h)

In the B4-1 to B4-3 districts, inclusive, regulations governing rear yards in the B3 districts, as set forth in section 123-194(i) shall apply.

(i)

(Code 1960, §§ 6-723—6-729; Code 1989, § 163.069; Ord. No. 3376; Ord. No. 4448; Ord. No. 5965, 2-7-1984; Ord. No. 8256, § 1(163.069), 2-17-2009)

Sec. 123-196. - B5 Wholesale and Motor Vehicle Districts.

(a)

In the B5-1 and B5-2 districts, inclusive, the conditions placed upon the land uses authorized as permitted or special use land uses in a B4 General Service District shall apply unless superseded under subsections (b) and (c) of this section as follows:

(1)

Not more than 6,250 square feet in the aggregate of gross floor area per establishment, shall be devoted to the production or processing of goods or products.

(2)

Wholesale offices and storerooms, with storage limited to the following:

In a B5-1 district, 6,250 square feet of floor area per business establishment.

In a B5-2 district, 9,375 square feet of floor area per business establishment.

(3)

All activities involving the production, processing, cleaning, servicing, testing, or repair of material, goods, or products shall conform with the performance standards established for the M1 Manufacturing District in section 123-217.

(4)

All production, processing, cleaning, servicing, testing, or repair of materials, goods, or products shall take place within completely enclosed buildings unless otherwise indicated hereafter. Storage of fuel, ice, building materials, and all other storage, except of merchandise on display for sale to the general public and except for parked motor vehicles, shall take place within completely enclosed buildings.

(b)

In the B5-1 and B5-2 districts, the following land uses are authorized as permitted land uses:

(1)

Any use permitted in the B4 districts, as set forth in section 123-195(b)(2), unless otherwise set forth or superseded hereinafter.

(2)

Additional retail, service and wholesale land-uses, as follows:

Animal hospitals and kennels, provided all facilities for the care and boarding of animals within completely enclosed buildings.

Automotive dependant and related retail and service establishments, subject to the conditions under section 123-193(c)(4).

Bakeries, wholesale.

Beverages, nonalcoholic, bottling, and distributing.

Building materials, sales.

Contractor or construction shops and offices, such as building electrical; roofing; refrigeration; heating, cooling and ventilating; masonry, painting, and plumbing.

Dry-cleaning and laundry facilities establishments, with processing within the building limited to 6,250 square feet of gross floor area.

Linen, towel, diaper, and other similar supply services.

Machinery sales.

Monument (cemetery) sales.

Motorcycle sales, including servicing and repair.

Repair of household or office machinery or equipment.

Trailers for motor vehicles, sales and rentals, not including house trailer or mobile homes.

Garages, model display and sales.

(3)

Additional production and processing, limited to the following land uses:

Advertising displays.

Art needlework and hand weaving.

Awnings, venetian blinds, window shades.

Books, hand binding and tooling.

Carpenter shops for custom woodworking and custom furniture making.

Clothing, custom manufacturing and alterations, for retail only.

Cosmetics, drugs, and perfumes.

Dentures.

Food processing, packaging, and distributing, except meat and fish.

Glass cutting and glazing.

Jewelry from precious metals and including watches.

Optical lenses.

Printing, commercial, including engraving and photo-engraving, limited to 6,250 square feet of floor area per establishment for production purposes.

Products from the following finished materials: plastic, bone, cork, felt, feathers, fibre, fur, glass, hair, horn, leather, paper, precious and semi-precious stones, rubber, shell, or yarn.

Soldering and welding.

Tool, die, and pattern-making, limited to 6,250 square feet of floor area per establishment.

(4)

Miscellaneous land uses as follows:

Shared parking facilities, off-street parking lots and parking garage facilities, other than accessory, for the storage of passenger motor vehicles less than 3.5 tons in curb weight but not truck trailers, and subject to the provisions of this chapter.

Packing and crating.

(c)

In the B5-1 and B5-2 districts, inclusive, the following land uses are authorized and may be allowed as special uses by the board of zoning appeals in accordance with the provisions of this chapter. Any land use authorized as a special land use in a B4 General Service District, as set forth in section 123-195(c) that is not listed as a permitted land use under subsection (b) of this section, except for controlled substance abuse centers:

(1)

House trailer sales.

(2)

Motor vehicles sales, including servicing and minor repairs for vehicles under 1½ ton capacity, but not major repairs.

(d)

The maximum floor area ratio of buildings and structures of a zoning lot shall be as follows:

(1)

In a B5-1 district, the floor area ratio shall not exceed 2.5.

(2)

In a B5-2 district, the floor area ratio shall not exceed 3.5.

(3)

In the B5-1 and B5-2 districts, inclusive, the regulations governing transitional yards in the B4 districts, as set forth in section 123-195(e) shall apply.

(4)

In the B5-1 and B5-2 districts, inclusive, regulations governing side yards in the B4 districts, as set forth in section 123-195(f) shall apply.

(5)

In the B5-1 and B5-2 districts, inclusive, regulations governing front yards in the B4 districts, as set forth in section 123-195(g) shall apply.

(6)

In the B5-1 and B5-2 districts, inclusive, regulations governing rear yards in the B4 districts, as set forth in section 123-195(h) shall apply.

(7)

(Code 1960, §§ 6-730—6-735; Code 1989, § 163.070; Ord. No. 3376; Ord. No. 4027; Ord. No. 4033; Ord. No. 4448; Ord. No. 5222, 11-23-1976; Ord. No. 5965, 2-7-1984; Ord. No. 8256, § 1(163.070), 2-17-2009)

Sec. 123-216. - Applicable regulations.

Use and bulk regulations applying specifically to manufacturing zoning districts are set forth in this division. Also applying to manufacturing districts are additional regulations set forth in other articles of this chapter, as follows:

(1)

Article I of this chapter.

(2)

Article II of this chapter.

(3)

Article V of this chapter.

(4)

Chapter 117.

(Code 1960, § 6-801; Code 1989, § 163.080; Ord. No. 3376; Ord. No. 8256, § 1(163.080), 2-17-2009)

Sec. 123-217. - M1 Limited Manufacturing Districts.

(a)

The following conditions shall be placed upon the land uses authorized as permitted or special use land uses in the M1 Limited Manufacturing District:

(1)

Any production, processing, cleaning, servicing, testing, repair, or storage of goods, materials, or products shall conform with the performance standards set forth in subsections (d) through (k) of this section.

(2)

All business, production, servicing, and processing shall take place within completely enclosed buildings unless otherwise specified. Within 150 feet of a residence district, all storage shall be in completely enclosed buildings or structures, and storage located elsewhere in this district may be open to the sky but shall be enclosed by solid walls or fences, including solid doors or gates thereto, at least eight feet high, but in no case lower in height than the enclosed storage, and suitably landscaped. However, open off-street loading facilities and open off-street parking of motor vehicles under a 3.5-ton capacity may he unenclosed throughout the district, except for screening of parking and loading facilities that may be required under the provisions of this chapter.

(b)

The following land uses are authorized as permitted uses:

(1)

Retail and service uses, as follows:

Any use permitted in a business district, excluding all residential dwelling units (including hotels and motels), churches; schools; public auditoriums; open air assembly units; amusement places of any kind.

Business incubator facility.

Engineering professional office and service establishments.

Ice sales, linen, towel, diaper, and other similar supply services.

Self-storage facilities.

Tattoo and body piercing establishments, licensed by the state.

Trade schools and colleges.

(2)

Production, processing, cleaning, testing, or repair, limited to the following land uses and products:

Advertising displays.

Art needlework and hand weaving.

Awnings, venetian blinds.

Bakeries.

Beverages, nonalcoholic.

Boat-building and repair of pleasure craft and other small craft, but not including shipbuilding or ship repair.

Books, hand binding, and tooling.

Bottling works, beverage.

Brushes and brooms.

Cameras and other photographic equipment and supplies.

Canvas and canvas products.

Ceramic products such as pottery and small glazed tile.

Clothing.

Cosmetics and toiletries.

Dentures.

Drugs.

Dry-cleaning establishments.

Electric appliances.

Electrical equipment assembly such as home radio and television receivers and home movie equipment, but not including electrical machinery.

Manufacturing and assembly of electrical supplies, such as wire and cable assembly, switches, lamps, insulation, and dry cell batteries.

Processing and combining of food products except meat and fish, baking, boiling, canning, cooking, dehydrating, freezing, frying, grinding, mixing, and pressings.

Fur goods, not including tanning or dyeing.

Glass products from previously manufactured glass.

Hair, felt, and feather products, except washing, curling, and dyeing.

Hat bodies of fur and wool felt.

Hosiery.

aa.

House trailers.

bb.

Ice, dry and natural.

cc.

Industrial incubator facility.

dd.

Industrial research facility.

ee.

Ink mixing and packaging, and inked ribbons.

ff.

Jewelry.

gg.

Laboratories, medical, dental, research, experimental, and testing, provided there is no danger from fire or explosion nor of offensive noise, vibration, smoke, dust, odors, heat, glare, or other objectionable influences.

hh.

Laundries, dry-cleaning facility.

ii.

Leather products, including shoes and machine belting.

jj.

Luggage.

kk.

Machine shops for tool, die, and pattern making.

ll.

Meat products.

mm.

Metal finishing, plating, grinding, sharpening, polishing, cleaning, rustproofing, and heat treatment.

nn.

Metal stamping and extrusion of small products such as costume jewelry, pins and needles, razor blades, bottle caps, buttons, and kitchen utensils.

oo.

Microbrewery.

pp.

Musical instruments.

qq.

Orthopedic and medical appliances such as artificial limbs, braces, supports, and stretchers.

rr.

Small paper products, such as envelopes and stationery, bags, boxes, tubes, and wallpaper printing.

ss.

Perfumes and perfumed soaps, compounding only.

tt.

Pharmaceutical products, compounding only.

uu.

Precision instruments such as optical, medical, and drafting.

vv.

Products from finished materials, including plastic, bone, cork, feathers, felt, fibre, paper, fur, glass, hair, horn, leather, precious and semi-precious stones, rubber, shell, or yarn.

ww.

Printing and newspaper publishing, including engraving and photo-engraving.

xx.

Small rubber products, and synthetic treated fabrics, excluding all rubber and synthetic processing, such as washers, gloves, footwear, bathing caps, and atomizers.

yy.

Repair of household or office equipment.

zz.

Silverware, plate and sterling.

aaa.

Soap and detergents, packaging only.

bbb.

Soldering and welding.

ccc.

Sporting and athletic equipment such as balls, baskets, cues, gloves, bats, racquets, and rods.

ddd.

Statuary, mannequins, figurines, and religious and church art goods, excluding foundry operations.

eee.

Textiles, including spinning, weaving, manufacturing, dyeing, printing, knit goods, yarn, thread and cordage, but not including textile bleaching.

fff.

Tools and hardware such as bolts, nuts and screws, doorknobs, drills, hand tools and cutlery, hinges, house hardware, locks, nonferrous metal castings, and plumbing appliances.

ggg.

Toys.

hhh.

Umbrellas.

iii.

Bulk upholstering, including mattress manufacturing, rebuilding, and renovating.

jjj.

Vehicles - children's, such as: bicycles, scooters, wagons, and baby carriages.

kkk.

Wood products, such as furniture, boxes, crates, baskets, pencils, and cooperage works.

(3)

Wholesale and warehousing, as follows:

Local and regional distribution and logistics facilities, including express facilities, but not including motor freight terminals.

Electronic data storage facilities.

(4)

Public and community service land uses, as follows:

Bus garages, bus lots, street railway terminals, or transportation orientated maintenance facilities.

Electric and gas public utilities.

Fire stations.

Water filtration plants.

Water pumping stations.

Bus and railroad passenger stations or terminals.

Railroad rights-of-way.

Post office transfer facilities, including other similar package transfer facilities.

Vehicle emission testing facilities for passenger vehicles.

(5)

Miscellaneous land uses ancillary but acceptable within the M1 district, as follows:

Cellular, radio, television, satellite or cable transmission/reception towers.

Above ground water storage tank.

Signs, as regulated by chapter 117.

(6)

Uses incidental to principal permitted land uses, as follows:

Accessory uses.

Temporary buildings for construction purposes, for a period not to exceed the duration of the construction.

(7)

In the B1-1 and B1-2 districts, the following land uses may be allowed as special uses by the board of zoning appeals in accordance with the provisions of this chapter:

Establishments engaged in production, processing, cleaning, testing, or repair other than those listed as permitted in the M1 districts, including the following:

Insecticides.

Food processing/canning/preparation.

Welding shop.

Adult sexually orientated businesses.

Railroad switching and classification yards, repair shops and roundhouses.

Truck sales and service facilities, including fueling facilities, provided the following requirements are met:

No motor freight facility shall be erected except on a lot with more than a 200-foot frontage.

The minimum area for such facilities shall be 40,000 square feet.

There shall be separate ingress and egress to the property with minimum distance between the two of 100 feet with adequate traffic control in conformance with all local and state agency requirements.

All curb cuts shall be at least 40 feet in width and with protective curbs, and landscaping shall be erected along any street line. The curb shall be contiguous except for the permitted opening.

There shall be minimum 15-foot vegetative buffer zone along all sides of the property other than the frontage.

A performance bond shall be provided equal in dollar amount to the overall square footage of the proposed parcel to ensure compliance with the requirements set forth herein.

(c)

Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association. Measurements shall be made using the flat network of the sound level meter.

(1)

Impulsive type noises shall be subject to the performance standards hereafter prescribed, provided the noises are capable of being accurately measured with that equipment. Noises capable of being so measured, for the purpose of this section, shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two decibels. Noises incapable of being so measured, such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses.

(2)

At no point either on the boundary of a residence district or a B1, B2, B3, or B4 district, or at 125 feet from the nearest property line of a plant or operation, whichever distance is greater, shall the sound pressure level of an individual operation or plant, other than the operation of motor vehicles and other transportation facilities, exceed the decibel levels at the designated octave bands shown hereafter for the districts indicated. Maximum permitted sound level in decibels along district boundaries or 125 feet from plant or operation property line are as follows:

Octave Band Cycles Per Second	Residence District (in decibels)	Business District (in decibels)
0—75	67	73
75—150	62	68
150—300	58	64
300—600	54	60
600—1,200	49	55
1,200—2,400	45	51
2,400—4,800	41	47
Above 4,800	37	43

(d)

In the M1-1 and M1-2 districts, the emission of noxious odorous matter in such quantities as to produce a public nuisance beyond the property boundaries is prohibited.

(e)

In the M1-1 and M1-2 districts, any process or equipment which produces intense earth-shaking vibrations, such as are created by heavy drop forges or heavy hydraulic surges, shall be set back at least 500 feet from the property boundaries on all sides, except for a property line adjoining an M2 or M3 district where this setback shall not be mandatory. However, in no case shall vibrations be allowed to create a public nuisance or hazard beyond the property boundaries.

(f)

In the M1-1 and M1-2 districts, a land use on any property shall not discharge across the boundaries of the property toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort, or welfare or cause injury or damage to other property or business.

(g)

In the M1-1 and M1-2 districts:

(1)

Any operation producing intense glare or heat shall be performed within a completely enclosed building and effectively screened in such a manner as not to create a public nuisance or hazard along property boundaries.

(2)

In the M1 district, no use is permitted which violates any local, state or federal pollution control law or regulation.

(3)

In the M1 district, no use is permitted in the treatment, storage and disposal of toxic or infectious materials.

(h)

In the M1-1 and M1-2 districts, fire and explosive hazards shall be controlled as follows:

(1)

Activities involving the storage or manufacture of materials or products which decompose by detonation are not permitted in the M1 districts. A list of such explosives is contained in section 123-334.

(2)

The storage, utilization, or manufacture of materials ranging from incombustible to moderate burning, as determined by the director of the department of development and planning, is permitted.

(3)

The storage, utilization, or manufacture of materials or products ranging from free or active burning to intense burning, as determined by the director, is permitted under the following conditions:

All storage, utilization, or manufacture of such materials or products shall be within completely enclosed buildings or structures having incombustible exterior walls.

All buildings or structures shall be set back at least 50 feet from property boundaries or, in lieu thereof, shall be protected throughout by an automatic sprinkler system complying with standards for installation prescribed by the National Fire Protection Association.

(4)

Materials or products which produce flammable or explosive vapors or gases under ordinary weather temperatures shall not be permitted in this district, with the exception of the following, which are permitted:

Materials required for emergency or standby equipment.

Materials used in secondary processes which are auxiliary to a principal operation, such as paint-spraying of finished products.

Flammable liquids and oils stored, sold, and used in conjunction with the operation of an automobile service station and customarily required or used in that operation.

(i)

The maximum floor area ratio of buildings and structures on a zoning lot shall be as follows:

(1)

In an M1-1 district, the floor area ratio shall not exceed 1.0.

(2)

In an M1-2 district, the floor area ratio shall not exceed 1.5.

(j)

In the M1-1 and M1-2 districts, on every zoning lot a front yard of not less than 25 feet in depth shall be provided.

(k)

In the M1-1 and M1-2 districts, on every zoning lot a side yard shall be provided along each side lot line. Each side yard shall be not less in width than ten percent of the lot width but need not exceed 20 feet in width, except as may be required for setbacks along residence district boundaries under the terms of this section.

(l)

A planned industrial park is an industrial subdivision developed according to a comprehensive plan to provide serviced sites for manufacturing plants, distribution warehouses, and similar uses. The district must provide for adequate control of the tract and buildings, through restrictive covenants or adequate zoning, with a view to maintaining aesthetic values and protecting the investments of both developers of the district and the industries occupying the improved sites.

(1)

This district is intended to be used as a buffer for light and heavy industrial areas between residential and commercial areas, or in locations which are served by major thoroughfares, but are not feasible for light and heavy industrial developments because of the proximity to residential and other uses, which require a controlled type of industrial use. For this reason, development is limited to a low concentration of land use, and permitted uses are confined to those administrative, wholesaling, and manufacturing activities that can be carried on in an unobtrusive manner and to certain facilities that are necessary to serve employees of the district.

(2)

Any land use permitted in this division is permitted in this district.

(3)

The minimum area for a planned industrial park shall not be less than 25 acres. No lot shall have an area of less than one acre or 43,560 square feet, nor a width of less than 140 feet. Lots may be re-subdivided only with the approval of the city plan commission.

The floor area ratio shall be determined by the district in which the park is located.

All buildings, including accessory building and outdoor storage facilities, shall not occupy more than 40 percent of the lot.

There shall be a front yard provided on each lot. The depth of the front yard shall be determined by the city plan commission. No parking or paving except for access roads and walks, shall be permitted within any portion of the minimum required front yard.

There shall be two side yards on each lot, neither of which shall be less than 25 feet in width, nor shall any side yard abutting upon a street be less than the required front yard as determined by the plan commission. No parking or paving, except for access roads and walks, shall be permitted within any portion of the minimum side yards abutting a street; however, Parking shall be permitted within side yards not abutting a street.

Requirements governing rear yards shall be determined by uses and plans.

Outside storage shall be permitted only in rear yards when accessory to a permitted land use and appropriately screened. All areas used for storage shall be enclosed on all sides by a masonry wall or solid fence not less than six feet in height. No materials or products shall be stacked or stored to exceed the height of the wall.

All open portions of any lot shall be suitably paved and maintained in a dust-free condition. All other open areas shall, as a minimum, be seeded and maintained in grass and preferably be further landscaped with trees, shrubs, ground cover, and the like so as to provide a parklike setting for the buildings and to screen parking and loading areas.

All lighting used to illuminate entrances, exits, service roads, parking aisles, parking areas, or buildings must be so arranged or shielded as to avoid glare or reflection into any portion of an adjacent street, into the path of oncoming vehicles, or onto any abutting property.

One off-street parking or shared parking facility spaces shall be provided for each two employees on a major shift, plus one parking space for each sales person permanently employed. A required off-street parking space shall be at least 10 feet in width and at least 20 feet in length. All open off-street parking areas shall be improved with an all-weather, dust-less, paved asphalt or concrete pervious surface. No portion of a paved area for that purpose shall project into any minimum required front yard or into any portion of a side or rear yard in which paving is prohibited.

All required loading berths shall be located on the same zoning lot as the use served. Each required loading berth shall be at least ten feet in width and at least 25 feet in length, and shall have a vertical clearance of at least 14 feet. The number of required loading berths will be determined by proposed use and this determination will be made by the city plan commission.

One freestanding identification sign, identifying the name of the industrial park and the business within the park is permitted. The area of the sign shall not exceed 80 square feet nor shall the sign be more than 25 feet in height. The sign may be a wall sign or freestanding. No sign shall be located nearer than 25 feet from the front property line. Each industry or business within the industrial park is permitted one wall sign; this sign shall not project more than 18 inches from the face of the building or wall to which it is attached. In lieu of a wall sign, one freestanding sign not more than 40 square feet nor more than 15 feet in height may be erected on each business site.

In an industrial park, performance standards shall conform to those performance standards set forth in this section.

A site plan showing location of buildings, streets, utilities, building lines, suitable arrangements of off-street or shared facility parking, loading spaces, sufficient space for maneuvering, and adequate access to land from the public right-of-way, shall be submitted to the plan commission for final approval. Also, a site plan shall be provided for each lot within the park and any changes in the original plan must also be reviewed and approved by the plan commission.

(Code 1960, §§ 6-802—6-814; Code 1989, § 163.081; Ord. No. 3376; Ord. No. 3984; Ord. No. 3992; Ord. No. 4055; Ord. No. 4386; Ord. No. 4377; Ord. No. 5222, 11-23-1976; Ord. No. 5965, 2-7-1984; Ord. No. 6221, 12-22-1987; Ord. No. 6236, 4-5-1988; Ord. No. 7394, § 3a, 11-6-2002; Ord. No. 8256, § 1(163.081), 2-17-2009)

Sec. 123-218. - M2 General Manufacturing Districts.

(a)

The following conditions shall be placed upon the land uses authorized as permitted or special use land uses in the M2 General Manufacturing District:

(1)

All production, processing, cleaning, servicing, testing, repair, or storage of goods, materials, or products shall conform with the performance standards set forth in this section.

(2)

Within 150 feet of a residence district, all business, production, servicing, processing, and storage shall take place or be within completely enclosed buildings unless otherwise specified. However, within 150 feet of a residence district, off-street loading facilities and off-street or shared parking of motor vehicles under 3.5 ton capacity may be unenclosed, except for the screening of parking and loading facilities that may be required under the provisions of this chapter.

(b)

The following uses are permitted:

(1)

Any land use permitted in the M1 district, except those retail and service land uses specifically enumerated under section 123-217(b)(1)(a), unless otherwise set forth or superseded hereafter.

(2)

Automotive dependant and related retail and service establishments, subject to the conditions under section 123-193(c)(4), including fuel sales, with storage of fuel oils, gasoline, and other flammable products limited to 120,000 gallons per tank, with total storage on one zoning lot not to exceed 500,000 gallons, provided that within 150 feet of a residence district, lubrication and washing facilities, including auto laundries, shall be in a completely enclosed building. The retail sale of gasoline and motor oil, including minor services customarily incidental hereto, may be conducted out-of-doors.

(3)

Truck sales and service facilities, including fueling facilities, provided the following requirements are met:

No motor freight facility shall be erected except on a lot with more than a 200-foot frontage.

The minimum area for such facilities shall be 40,000 square feet.

There shall be separate ingress and egress to the property with minimum distance between the two of 100 feet with adequate traffic control in conformance with all local and state agency requirements.

All curb cuts shall be at least 40 feet in width and with protective curbs, and landscaping shall be erected along any street line. The curb shall be contiguous except for the permitted opening.

There shall be minimum 15-foot vegetative buffer zone along all sides of the property other than the frontage.

A performance bond shall be provided equal in dollar amount to the overall square footage of the proposed parcel to insure compliance with the requirements set forth herein. Any production, processing, cleaning, servicing, testing, repair, or storage of materials, goods, or products which conforms to the performance standards for this district set forth in this section (refer to the city's environmental ordinances, Ordinance Nos. 7394 and 7641, which restrict toxic substances and potential polluting substances).

(c)

In the M2-1 and M2-2 districts, the following land uses may be allowed as special uses by the board of zoning appeals in accordance with the provisions of this chapter:

(1)

Any use which may be allowed as a special uses in the M1 districts, unless already permitted as a land use under this section.

(2)

Junkyards or salvage yards.

(3)

Sewage disposal plants, including primary and/or secondary sewage treatment facilities and advanced sewage treatment facilities.

(4)

Water treatment/purification facilities.

(5)

Storage of flammable liquids.

(d)

In the M2-1 and M2-1 districts, the emission of noise from any individual operation or plant, other than the operation of motor vehicles and other transportation facilities, so as to create a public nuisance beyond property boundaries is prohibited.

(e)

In the M2-1 and M2-2 districts, the performance standards governing odorous matter in the M1 districts shall apply.

(f)

In the M2-1 and M2-2 districts, any process or equipment which produces intense earth-shaking vibrations, such as are created by heavy drop forges or heavy hydraulic surges, shall be set back at least 300 feet from the boundary of a residence or business district and at least 150 feet from the boundary of an M1 district, unless the operation is controlled in such a manner as to prevent transmission beyond property boundaries of earth-shaking vibrations perceptible without the aid of instruments.

(g)

In the M2-1 and M2-2 districts:

(1)

A land use on any property shall not discharge across the boundaries of that property toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to other property or business.

(2)

In the M2 district, no use is permitted in the treatment, storage and disposal of toxic or infectious materials.

(3)

In the M2 district, no use is permitted in the treatment, storage and disposal of toxic or infectious material without obtaining a special exception under section 123-110.

(h)

In the M2-1 and M2-2 districts, any operation producing intense glare or heat shall be performed within an enclosure and effectively screened in such a manner as not to create a public nuisance or hazard along property boundaries.

(i)

In the M2-1 and M2-2 districts, land uses and manufacturing processes with inherent fire and explosive hazards shall be controlled as follows:

(1)

Activities involving the storage or manufacture of materials or products which decompose by detonation are not permitted in the M2 districts unless licensed by the city controller with the approval of the fire prevention bureau. A list of such materials is contained in S 163.012. However, in no case shall such materials or products be stored or manufactured within 300 feet of the boundary of any other zoning district, except M3 district, unless otherwise authorized by the fire prevention bureau.

(2)

The storage, utilization or manufacture of materials or products ranging from incombustible to moderate burning, as determined by the director of the department of development and planning, is permitted.

(3)

The storage, utilization, or manufacture of materials or products ranging from free or active burning to intense burning, as determined by the director, is permitted, provided that within 50 feet of the boundary of a residence or business district, the following restrictions shall apply:

All storage, utilization or manufacture of these materials or products shall be within completely enclosed buildings having incombustible exterior walls.

All such buildings or structures shall be protected throughout by an automatic sprinkler system complying with standards for installation prescribed by the National Fire Protection Association.

(4)

Materials required for emergency or standby equipment.

Materials used in secondary processes which are auxiliary to a principal operation, such as paint-spraying of finished products.

Flammable liquids and oils, stored, sold, and used in conjunction with the operation of an automobile service station and customarily required or used in that operation.

(j)

The maximum floor area ratio of buildings or structures on a zoning lot shall be as follows:

(1)

In an M2-1 district, the floor area ratio shall not exceed 1.5.

(2)

In an M2-2 district, the floor area ratio shall not exceed 2.0.

(k)

In the M2-1 and M2-2 districts, the regulations governing minimum front yards for the M1 districts shall apply.

(l)

In the M2-1 and M2-2 districts, the regulations along residence district boundaries for the M1 districts shall apply. In addition, along any side lot line directly across the street from a residence district, a side yard shall be provided on each zoning lot. Each side yard shall be equal in width to ten percent of the width of the zoning lot, but need not exceed 50 feet in width.

(Code 1960, §§ 6-815—6-826; Code 1989, § 163.082; Ord. No. 3376; Ord. No. 3991; Ord. No. 5965, 2-7-1984; Ord. No. 5965, 2-7-1984; Ord. No. 6221, 12-22-1987; Ord. No. 6236, 4-5-1988; Ord. No. 7394, § 3b—3d, 11-6-2002; Ord. No. 8256, § 1(163.082), 2-17-2009)

Sec. 123-219. - M3 Heavy Industrial Districts.

(a)

The following conditions shall be placed upon the land uses authorized as permitted or special use land uses in the M3 Heavy Industrial District:

(1)

All production, processing, cleaning, servicing, testing, repair, or storage of goods, materials, or products shall conform to the performance standards set forth in this section (refer to city toxics ordinance for further restrictions).

(2)

Within 150 feet of a residence district, all business, production, servicing, processing, and storage shall take place or be within completely enclosed buildings or structures unless otherwise specified. However, within 150 feet of a residence district, off-street loading facilities and off-street or shared parking of motor vehicles under 3.5-ton capacity may be unenclosed except for the screening or parking and loading facilities that may be required under the provisions of this chapter.

(b)

In the M3 district, the following land uses are permitted:

(1)

Any land use permitted in the M2 districts, but subject to the performance standards for this M3 district.

(2)

Production, processing, cleaning, servicing, testing, and repair, including the following uses and manufacturing of the following products:

Automobile wrecking.

Asphalt and asphalt products.

Charcoal, lampblack, and fuel briquettes.

Chemicals, including acetylene, aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black and bone black, cleaning and polishing preparations, creosote, exterminating agents, hydrogen and oxygen, industrial alcohol, nitrating of cotton or other materials, nitrates, manufactured and natural, of an explosive nature, potash, plastic materials and synthetic rosins, pyroxylin, rayon yard, hydrochloric, picric and sulphuric acids and derivatives.

Coal, coke, and tar products, including gas manufacturing.

Electric central station power, steam-generating plants or cogeneration facilities.

Explosives, when not prohibited by other city laws.

Fertilizers.

Film, photographic.

Flour, feed, grain, and processing.

Gelatin, glue and size, animal.

Linoleum and oil.

Magnesium foundries.

Matches.

Metal and metal ores, and rare metals, reduction, refining, smelting, and alloying.

Paint, lacquer, shellac, varnishes, linseed oil, and turpentine.

Petroleum and petroleum products, subject to the provisions of subsection (h) of this section.

Rubber, natural or synthetic.

Soaps, including fat and oil rendering.

Starch.

Manufacturing of steel and metal alloy products.

Wood, coal, and bone distillation.

Any other production, processing, cleaning, servicing, testing and repair which conforms with the performance standards established hereinafter for the M3 district.

(3)

Storage, including the following uses and materials or products:

Goods used in or produced by manufacturing activities permitted in this district.

Outdoor storage of solid or processed byproducts materials.

Explosives, subject to the provisions of subsection (h) of this section.

Grain.

Manure, peat, and top-soil.

Flammable liquids and oils stored, sold, and used in conjunction with the operation of an automobile service station and customarily required or used in that operation.

(4)

Miscellaneous land uses, as follows:

Railroad, water freight and port terminals, motor freight terminals, railroad switching and classification yards, repair shops, and roundhouses.

Intermodal transportation facilities.

(c)

In an M3 district, the following land uses may be allowed as special uses by the board of zoning appeals in accordance with the provisions of this chapter:

(1)

Any land use which may be allowed as a special use in the M2 districts, as set forth in section 123-218(c) unless already permitted under this section.

(2)

Recycling facilities.

(3)

Medical waste facilities.

(d)

In the M3 district, the performance standards governing noise in the M2 districts shall apply.

(e)

In the M3 district, the performance standards governing odorous matter in the M2 district shall apply.

(f)

In the M3 district, the performance standards governing vibration in the M2 districts shall apply.

(g)

In the M3 district:

(1)

(2)

In the M2 district, no use is permitted in the treatment, storage and disposal of toxic or infectious materials.

(3)

In the M2 district, no use is permitted in the treatment, storage and disposal of toxic or infectious material without obtaining a special exception under section 123-110.

(h)

In the M3 district, fire and explosive hazards shall be controlled as follows:

(1)

Activities involving the storage or manufacture of materials or products which decompose by detonation are not permitted in the M3 district unless licensed by the city controller with the approval of the fire prevention bureau. A list of such materials is set out in section 123-334. However, in no case shall these materials or products be stored or manufactured within 300 feet of the boundary of any other district unless otherwise authorized by the fire prevention bureau.

(2)

The storage, utilization, or manufacture of materials or products ranging from incombustible to fast burning, as determined by the director of the department of development and planning, or which produce flammable or explosive vapors or gases under ordinary weather temperature is permitted. However, within 600 feet of the boundary of any other zoning district, the storage, utilization, or manufacture of materials or products which produce flammable or explosive vapors or gases under ordinary weather temperature is not permitted, with the exception of the following, which are permitted within 600 feet.

Materials required for emergency or standby equipment.

Materials used in secondary processes which are auxiliary to a principal operation, such as paint-spraying of finished products.

Flammable liquids and oils stored, sold, and used in conjunction with the operation of a motor vehicle service station and customarily required or used in that operation.

(i)

The floor area ratio of buildings and structures on a zoning lot shall not exceed 2.5.

(j)

In an M3 district, the regulations governing minimum front yards for the M2 district shall apply.

(k)

In an M3 district, no building, structure, or other obstruction or portion thereof, except as allowed in section 123-333, shall be located within 300 feet of the boundary of residence or business district unless the building, structure, or other obstruction or portion thereof within 150 feet of the boundary of the residence district complies with the regulations along residence district boundaries for the M2 districts, as set forth in section 123-217, and unless the use thereof complies with the performance standards for the M2 district.

(Code 1960, §§ 6-827—6-837; Code 1989, §§ 163.083, 163.084; Ord. No. 3376; Ord. No. 3980; Ord. No. 5965, 2-7-1984; Ord. No. 8256, § 1(163.083), 2-17-2009)

Sec. 123-247. - Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Building. See Structure.

Development means any manmade change to improved or unimproved real estate including, but not limited to:

(1)

Construction, reconstruction, or placement of a building or any addition to a building valued at more than $1,000.00;

(2)

Installing a manufactured home on a site, preparing a site for a manufactured home or installing a recreational vehicle on a site for more than 180 days;

(3)

Installing utilities, erection of walls and fences, construction of roads, or similar projects;

(4)

Construction of flood control structures such as levees, dikes, dams, channel improvements, etc.;

(5)

Mining, dredging, filling, grading, excavation, or drilling operations;

(6)

Construction and/or reconstruction of bridges or culverts;

(7)

Storage of materials; or

(8)

Any other activity that might change the direction, height, or velocity of flood or surface waters.

The term "development" does not include activities such as the maintenance of existing buildings and facilities such as painting, re-roofing; resurfacing roads; or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent buildings.

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the ordinance from which this division is derived.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FBFM means the Flood Boundary and Floodway Map.

FEMA means the Federal Emergency Management Agency.

FHBM means the Flood Hazard Boundary Map.

FIRM means the flood insurance rate map.

Flood means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.

Flood protection grade or FPG means the elevation of the regulatory flood plus two feet at any given location in the SFHA.

Floodplain means the channel proper and the areas adjoining any wetland, lake or watercourse which have been or hereafter may be covered by the regulatory flood. The floodplain includes both the floodway and the floodway fringe districts.

Floodway fringe means those portions of the floodplain lying outside the floodway.

Letter of map amendment (LOMA) means an amendment to the current FEMA map that establishes that a property is not located in a special flood hazard area (SFHA). A LOMA is only issued by FEMA.

Letter of map revision (LOMR) means an official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations, and elevations.

Lowest floor means the lowest of the following:

(1)

The top of the basement floor;

(2)

The top of the garage floor, if the garage is the lowest level of the building;

(3)

The top of the first floor or of buildings elevated on pilings or constructed on a crawl space with permanent openings; or

(4)

The top of the floor level or any enclosed below an elevated building where the walls of the enclosure provide any resistance to the flow of flood waters unless:

The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, by providing a minimum of two openings (in addition to doorways and windows) having a total area of one square foot for every two square feet of enclosed area subject to flooding. The bottom of all such openings shall be no higher than one foot above grade.

Such enclosed space shall be usable for the parking of vehicles and building access.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the ordinance from which this division is derived.

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

400 square feet or less when measured at the largest horizontal projections;

(3)

Designed to be self-propelled or permanently towable by a light-duty truck; and

(4)

Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational camping, travel, or seasonal use.

Regulatory flood means the flood having a one percent probability of being equaled or exceeded in any given year, as calculated by a method and procedure which is acceptable to and approved by the state natural resources commission and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in section 123-252. The regulatory flood is also known by the term "base flood."

Special flood hazard area (SFHA) means those lands within the jurisdiction of the city that are subject to inundation by the regulatory flood. The SFHAs of the city generally identified as such on the flood insurance rate map of the city prepared by the Federal Emergency Management Agency and dated March 16, 1981. The SFHAs of those parts of unincorporated Lake County that are within the extraterritorial jurisdiction of the city or that may be annexed into the city are generally identified as such on the flood insurance rate map prepared for Lake County by the Federal Emergency Management Agency and dated September 2, 1981.

Structure means a structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, or a prefabricated building. The term also includes recreational vehicles to be installed on a site for more than 180 days.

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of state or local health, sanitary, or safety code requirements or any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

(Code 1989, § 163.086; Ord. No. 6705, § 3, 3-16-1994; Ord. No. 7092, § 1, 7-4-1999; Ord. No. 8256, § 1(163.086), 2-17-2009)

Sec. 123-248. - Violations.

Failure to obtain an improvement location permit in the SFHA or failure to comply with the requirements of a permit or conditions of a variance shall be deemed to be a violation of this division. All violations shall be considered a common nuisance and be treated as such in accordance with this part. All violations shall be punishable by a fine not exceeding $2,500.00.

(1)

A separate offense shall be deemed to occur for each day the violation continues to exist.

(2)

The city plan commission shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a standard flood insurance policy to be suspended.

(3)

Nothing herein shall prevent the city from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.

(Code 1989, § 163.095; Ord. No. 6705, § 12, 3-16-1994; Ord. No. 8256, § 1(163.095), 2-17-2009)

Sec. 123-249. - Purpose.

The purpose of this division is to guide development in the flood hazard areas in order to reduce the potential for loss of life and property, reduce the potential for health and safety hazards, and to reduce the potential for extraordinary public expenditures for flood protection and relief. Under the authority granted to local units of government to control land use within their jurisdiction, which includes taking into account the effects of flooding, the common council hereby adopts the following floodplain management regulations in order to accomplish the following:

(1)

To prevent unwise developments from increasing flood or drainage hazards to others;

(2)

To protect new buildings and major improvements to buildings from flood damage;

(3)

To protect human life and health from the hazards of flooding;

(4)

To lessen the burden on the taxpayer for flood control projects, repairs to flood-damaged public facilities and utilities, and flood rescue and relief operations;

(5)

To maintain property values and a stable tax base by minimizing the potential for creating flood blighted areas; and

(6)

To make federally subsidized flood insurance available for structures and their contents in the city by fulfilling the requirements of the National Flood Insurance Program.

(Code 1989, § 163.085; Ord. No. 6705, §§ 1, 2, 3-16-1994; Ord. No. 8256, § 1(163.085), 2-17-2009)

Sec. 123-250. - Disclaimer of liability.

The degree of flood protection required by this division is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods can and will occur on rare occasions. Therefore, this division does not create any liability on the part of the community, natural resources, or the state, for any flood damage that results from reliance on this chapter or any administrative decision made lawfully thereunder.

(Code 1989, § 163.094; Ord. No. 6705, § 11, 3-16-1994; Ord. No. 8256, § 1(163.094), 2-17-2009)

Sec. 123-251. - Abrogation and greater restrictions.

This division repeals and replaces other ordinances adopted by the common council to fulfill the requirements of the National Flood Insurance Program, including section 123-304. However, this division does not repeal the original resolution or ordinance adopted to achieve eligibility in the program. Nor does this division repeal, abrogate, or impair any existing easements, covenants, deed restrictions. Where this division and other ordinance easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall take precedence. In addition, the common council shall assure that all National Flood Insurance Program regulations and laws (310 IAC 6-1-1, IC 13-2-22 and IC 13-2-22.5) are met.

(Code 1989, § 163.096; Ord. No. 6705, § 13, 3-16-1994; Ord. No. 8256, § 1(163.096), 2-17-2009)

Sec. 123-252. - Regulatory flood elevation.

This division's protection standard is the regulatory flood. The best available regulatory flood data is listed below. Whenever a party disagrees with the best available data, the party submitting the detailed engineering study needs to replace existing data with better data and submit it to the department of natural resources for review and approval.

(1)

The regulatory flood elevation and floodway limits for the SFHAs of the Little Calumet River, Grand Calumet River and Southern Shore of Lake Michigan shall be as delineated on the 100-year flood profiles in the Flood Insurance Study of the city dated September 16, 1980, and the corresponding (FBFM/FIRM) dated March 16, 1981, prepared by the Federal Emergency Management Agency.

(2)

The regulatory flood elevation for each SFHA delineated as an AH Zone or AO Zone shall be that elevation (or depth) delineated on the flood insurance rate map of the city.

(3)

The regulatory flood elevation for each of the remaining SFHAs delineated as an A Zone on the flood insurance rate map of the city shall be according to the best data available as provided by the department of natural resources.

(4)

The regulatory flood elevation and floodway limits for the SFHAs of those parts of unincorporated Lake County that are within the extraterritorial jurisdiction of the city that may be annexed into the city shall be as delineated on the 100-year flood profiles in the Flood Insurance Study of Lake County dated March 2, 1981, and the corresponding (FBFM/FIRM) dated September 2, 1981, prepared by the Federal Emergency Management Agency.

(5)

If the SFHA is delineated as AH Zone or AO Zone, the elevation (or depth) will be delineated on the county flood insurance rate map, the regulatory flood elevation shall be according to the best data available as provided by the department of natural resources.

(Code 1989, § 163.088; Ord. No. 6705, § 5, 3-16-1994; Ord. No. 8256, § 1(163.088), 2-17-2009)

Sec. 123-283. - Duties of the administrator.

The zoning administrator (i.e., plan commission director, building inspector, clerk, treasurer, etc.) shall implement this division and hereafter be referred to as the zoning administrator. The zoning administrator for the city is appointed to review all development and subdivision proposals to ensure compliance with this division, including, but not limited, to the following duties:

(1)

Ensure that all development activities within the SFHAs of the jurisdiction of the city meet the requirements of this division;

(2)

Provide information and assistance to citizens upon request about permit procedures and flood plain construction techniques;

(3)

Ensure that construction authorization has been granted by the state natural resources commission for all development projects subject to section 123-304, and maintain a record of such authorization (either copy of actual permit or letter of recommendation);

(4)

Maintain a record of the "as-built" elevation of the top of the lowest floor (including basement) of all new and/or substantially improved buildings constructed in the SFHA. Inspect before, during and after construction;

(5)

Maintain a record of the engineer's certificate and the "as-built" flood-proofed elevation of all buildings subject to section 123-305;

(6)

Cooperate with state and federal floodplain management agencies to improve base flood and floodway data and to improve the administration of this division. Submit reports as required for the National Flood Insurance Program;

(7)

Maintain for public inspection and furnish upon request regulatory flood data, SFHA maps, letters of map amendment (LOMA), letters of map revision (LOMR), copies of DNR permits and letters of recommendation, federal permit documents, and "as-built" elevation and floodproofing data for all building construction subject to this division.

(Code 1989, § 163.087; Ord. No. 6705, § 4, 3-16-1994; Ord. No. 7092, § 2, 7-4-1999; Ord. No. 8256, § 1(163.087), 2-17-2009)

Sec. 123-284. - Variances.

(a)

The board of zoning appeals may consider issuing a variance to the terms and provisions of this division provided the applicant demonstrates that:

(1)

There exists a good and sufficient cause for the requested variance;

(2)

The strict application of the terms of this division will constitute an exceptional hardship to the applicant; and

(3)

The granting of the requested variance will not increase flood heights, create additional threats to public safety, cause additional public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances.

(b)

The board of zoning appeals may issue a variance to the terms and provisions of this division subject to the following standards and conditions:

(1)

No variance or exception for a residential use within a floodway subject to section 123-304(1) or (2) may be granted;

(2)

Any variance or exception granted in a floodway subject to section 123-304(1) or (2) will require a permit from the department of natural resources;

(3)

Variances or exceptions to the building protection standards of section 123-305 may be granted only when a new structure is to be located on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade;

(4)

Variances or exceptions may be granted for the reconstruction or restoration of any structure individually listed on the Register of Historic Places or the Indiana State Survey of Historic Architectural, Archaeological and Cultural Sites, Structures, Districts, and Objects;

(5)

All variances shall give the minimum relief necessary and be such that the maximum practical flood protection will be given to the proposed construction; and

(6)

The board of zoning appeals shall issue a written notice to the recipient of a variance or exception that the proposed construction will be subject to increased risks to life and property and could require payment of increased flood insurance premiums.

(Code 1989, § 163.093; Ord. No. 6705, § 10, 3-16-1994; Ord. No. 8256, § 1(163.093), 2-17-2009)

Sec. 123-285. - Improvement location permit.

No person, firm, corporation, or governmental body not exempted by state law shall commence any development in the SFHA without first obtaining an improvement location permit from the zoning administrator. The zoning administrator shall not issue an improvement location permit if the proposed development does not meet the requirements of this division.

(1)

The application for an improvement location permit shall be accompanied by the following:

A description of the proposed development;

Location of the proposed development sufficient to accurately locate property and structure in relation to existing roads and streams;

A legal description of the property site;

A site development plan showing existing and proposed development locations and existing and proposed land grades;

Elevation of the top of the lowest floor (including basement) of all proposed development. Elevation should be in National Geodetic Vertical Datum of 1929 (NGVD) or North American Vertical, Datum (NAVD). In either case the conversion formula should be included.

(2)

Upon receipt of an application for an improvement location permit, the zoning administrator shall determine if the site is located within an identified floodway, floodway fringe or within the floodplain where the limits of the floodway have not yet been determined.

If the site is in an identified floodway the zoning administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the department of natural resources and apply for a permit for construction in a floodway. Under the provisions of IC 13-2-22, a permit from the natural resources commission is required prior to the issuance of a local building permit for any excavation, deposit, construction or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing and paving, etc., undertaken before the actual start of construction of the building. No action shall be taken by the zoning administrator until a permit has been issued by the natural resources commission granting approval for construction in the floodway. Once a permit has been issued by the natural resources commission, the building official may issue the local improvement location permit, provided the provisions contained in sections 123-304 and 123-305 have been met. The improvement location permit cannot be less restrictive than the permit issued by the natural resources commission.

If the site is located in an identified floodway fringe, then the zoning administrator may issue the local improvement location permit provided the provisions contained in sections 123-304 and 123-305 have been met. The key provision is that the top of the lowest floor of any new or substantially improved structure shall be at or above the flood protection grade (FPG).

If the site is in an identified floodplain where the limits of the floodway and floodway fringe have not yet been determined (shown as Zone A on the flood insurance rate map), and the drainage area upstream of the site is greater than one square mile, the zoning administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the department of natural resources for review and comment. No action shall be taken by the zoning administrator until either a permit for construction in the floodway or a letter of recommendation citing the 100-year flood elevation and the recommended flood protection grade has been received from the department of natural resources. Once the zoning administrator has received the proper permit or letter of recommendation approving the proposed development, an improvement location permit may be issued provided the conditions of the improvement location permit are not less restrictive than the conditions received from the department of natural resources and the provisions contained in sections 123-304 and 123-305 have been met.

(Code 1989, § 163.089; Ord. No. 6705, § 6, 3-16-1994; Ord. No. 7092, §§ 3—5, 7-4-1999; Ord. No. 8256, § 1(163.089), 2-17-2009)

Sec. 123-304. - Preventing increased damages.

No development in the SFHA shall create a damaging or potentially damaging increase in flood heights or velocity or threat to public health and safety.

(1)

Within the floodway identified on the flood boundary and floodway map or the flood insurance rate map, the following standards shall apply:

No development shall be allowed which acting along or in combination with existing or future development, will cause any increase in the elevation of the regulatory flood; and

For all projects involving channel modifications or fill (including levees), the city shall submit the data and request that the Federal Emergency Management Agency revise the regulatory flood data.

(2)

Within all SFHAs identified as A Zones (no 100-year flood elevation and/or floodway/floodway fringe delineation has been provided), the following standard shall apply: The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the regulatory flood elevation more than one-tenth of one foot and will not increase flood damages or potential flood damages.

(3)

Public health standards in all SFHAs.

No development in the SFHA shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the flood protection grade, unless such materials are stored in a floodproofed storage tank or building constructed according to the requirements of section 123-305.

New and replacement sanitary sewer lines and onsite waste disposal systems may be permitted providing all man-holes or other aboveground openings are located above the FPG, or those which are located below the FPG are watertight.

(Code 1989, § 163.090; Ord. No. 6705, § 7, 3-16-1994; Ord. No. 8256, § 1(163.090), 2-17-2009)

Sec. 123-305. - Protecting buildings.

In addition to the damage prevention requirements of section 123-304, all buildings to be located in the SFHA shall be protected from flood damage below the FPG.

(1)

This building protection requirement applies to the following situations:

Construction or placement of any new building valued at more than $1,000.00;

Structural alterations made to an existing building that increase the market value of the building by more than 50 percent (excluding the value of the land);

Any subsequent alterations;

Reconstruction or repairs made to a damaged building that are valued at or more than 50 percent the market value of the building (excluding the value of the land) before damage occurred;

Installing a manufactured home on a new site or a new manufactured home on an existing site. This division does not apply to returning the existing manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage; and

Installing a travel trailer or recreational vehicle on a site for more than 180 days.

(2)

This building protection requirement may be met by one of the following methods. The zoning administrator shall maintain a record of compliance with these building protection standards as required in section 123-283.

A residential or nonresidential building may be constructed on a permanent landfill in accordance with the following:

The fill shall be placed in layers no greater than one foot deep before compacting to 95 percent of the maximum density obtainable with the Standard Proctor Test method.

The fill should extend at least ten feet beyond the foundation of the building before sloping below the FPG.

The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or bulkheading. If vegetative cover is used, the slopes shall be no steeper than three horizontal to one vertical (3:1).

The fill shall not adversely affect the flow of surface drain age from or onto neighboring properties.

The top of the lowest floor including basements (see definition of lowest floor in section 123-247), shall be at or above the FPG.

A residential or nonresidential building may be elevated in accordance with the following:

The building or improvements shall be elevated on posts, piers, columns, extended walls, or other types of similar foundation provided:

(i)

Walls of any enclosure below the elevated floor shall be designed to automatically equalize hydrostatic flood forces on the walls by allowing for the entry and exit of floodwaters, through providing a minimum of two openings (in addition to doorways and windows) having a total area of one square foot for every two square feet of enclosed area subject to flooding. The bottom of all such opening shall be no higher than one foot above grade.

(ii)

Any enclosure below the elevated floor is used for storage of vehicles and building access.

The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as buoyancy, current, waves, ice, and floating debris.

All areas below the FPG shall be constructed of materials resistant to flood damage. The top of the lowest floor (including basement) and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the FPG. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPG.

Manufactured homes and recreational vehicles to be installed or substantially improved on a site for more than 180 days must meet one of the following anchoring requirements:

The manufactured home shall be elevated on a permanent foundation such that the lowest floor shall be at or above the FPG and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. This requirement applies to all manufactured homes to be placed on a site:

(i)

Outside a manufactured home park or subdivision;

(ii)

In a new manufactured home park or subdivision;

(iii)

In an expansion to an existing manufactured home park or subdivision; or

(iv)

In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of a flood.

This requirement applies to all manufactured homes to be placed on a site in an existing manufactured home park or subdivision that has not been substantially damaged by a flood.

The manufactured home shall be elevated so that the lowest floor of the manufactured home chassis is supported by rein-forced piers or other foundation elements that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

Recreational vehicles placed on a site shall either:

Be on the site for less than 180 consecutive days;

Be fully licensed and ready for highway use (defined as being on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or

Meet the requirements for manufactured homes in this subsection.

A nonresidential building may be floodproofed to the FPG (in lieu of elevating) if done in accordance with the following:

A registered professional engineer shall certify that the building has been designed so that below the FPG, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The building design shall take into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice.

Floodproofing measures shall be operable without human intervention and without an outside source of electricity.

(Code 1989, § 163.091; Ord. No. 6705, § 8, 3-16-1994; Ord. No. 7092, §§ 6—9, 7-4-1999; Ord. No. 8256, § 1(163.091), 2-17-2009)

Sec. 123-306. - Other development requirements.

(a)

The zoning administrator shall review all proposed subdivisions to determine whether the subdivision lies in a flood hazard area as defined elsewhere by ordinance. If the zoning administrator finds the subdivision to be so located, the zoning administrator shall forward plans and materials to the state department of natural resources for review and comment. The zoning administrator shall require appropriate changes and modifications in order to assure that:

(1)

It is consistent with the need to minimize flood damages;

(2)

All public utilities and facilities, such as sewer, gas, electrical, and water systems, are located and constructed to minimize or eliminate flood damage;

(3)

Adequate drainage is provided so as to reduce exposure to flood hazards;

(4)

On-site waste disposal systems, if provided, will be so located and designed to avoid impairment of them or contamination from them during the occurrence of the regulatory flood.

(b)

Developers shall record the 100-year flood elevation on all subdivision plats containing lands (identified elsewhere by this division) within a flood hazard area prior to submitting the plats for approval by the plan commission.

(c)

All owners of manufactured home parks or subdivisions located within the SFHA identified as Zone A on the community's FHBM or FIRM shall develop an evacuation plan for those lots located in the SFHA and file it with the local plan commission add have it filed with and approved by the appropriate community emergency management authorities.

(Code 1989, § 163.092; Ord. No. 6705, § 9, 3-16-1994; Ord. No. 8256, § 1(163.092), 2-17-2009)

Gary City Zoning Code

ARTICLE III

ZONING DISTRICTS

Sec. 123-134. - Division of districts.

In order to carry out the purposes and provisions of this article, the city is divided into the following zoning districts:

(1)

Residence districts.

a.	R1	One-family dwelling district.	Maximum floor area ratio of 0.5.
b.	R1A	One-family dwelling district.	Maximum floor area ratio of 0.5.
c.	R2	Single-family dwelling district.	Maximum floor area ratio of 0.5.
d.	R3	Single-family dwelling district.	Maximum floor area ratio of 0.5.
e.	R4	Two-family dwelling district.	Maximum floor area ratio of 0.75.
f.	R5	Multiple-family dwelling district.	Maximum floor area ratio of 1.0.
g.	R6	Multiple-family dwelling district.	Maximum floor area ratio of 2.0.
h.	R7	Multiple-family dwelling district.	Maximum floor area ratio of 3.0.

(2)

Business districts.

B1 Limited retail districts.

1.	B1-1	Maximum floor area ratio of 1.5.
2.	B1-2	Maximum floor area ratio of 2.0.

B2 General retail districts.

1.	B2-1	Maximum floor area ratio of 1.5.
2.	B2-2	Maximum floor area ratio of 2.5.
3.	B2-3	Maximum floor area ratio of 3.5.

B3 Limited service districts.

1.	B3-1	Maximum floor area ratio of 1.5.
2.	B3-2	Maximum floor area ratio of 2.5.

B4 General service districts.

1.	B4-1	Maximum floor area ratio of 2.0.
2.	B4-2	Maximum floor area ratio of 3.5.
3.	B4-3	Maximum floor area ratio of 4.0.

B5 Wholesale and motor vehicle districts.

	B5-1	Maximum floor area ratio of 2.5.
	B5-2	Maximum floor area ratio of 3.5.

(3)

Manufacturing districts.

M1 Limited manufacturing districts.

1.	M1-1	Maximum floor area ratio of 1.0.
2.	M1-2	Maximum floor area ratio of 1.5.

M2 General manufacturing districts.

1.	M2-1.	Maximum floor area ratio of 1.5.
2.	M2-2.	Maximum floor area ratio of 2.0.