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Greentown City Zoning Code

AUTHORIZED USES

§ 156.035 PRIMARY USES.

   Primary uses are authorized in the districts established by § 156.020 of this chapter in accordance with the table below. Uses not specifically identified herein shall require consideration as a “special use” under the provisions of § 156.132 of this chapter.
   (A)   Where uses are designated by an “X” in the table below, such uses shall be permitted in that zoning district.
   (B)   Where uses are designated by an “S” in the table below, such uses shall be permitted only if a special use has been approved under § 156.132 of this chapter.
District in Which Permitted
Primary Use
R1
R2
R3
R4
B1
B2
C1
I
A
District in Which Permitted
Primary Use
R1
R2
R3
R4
B1
B2
C1
I
A
Agricultural:
Commercial greenhouse
X
X
X
Farm
X
X
X
Business, automotive services:
Automotive sales and service
X
X
Car wash
X
X
Gas station, with repair
X
X
Gas station, without repair
X
S
X
Motor vehicle repair
X
X
Business, food sales and services:
Grocery, including convenience stores
X
X
X
Other similar uses
X
S
X
Restaurant, with alcohol
X
X
Restaurant, without alcohol
X
X
X
Wholesale produce
X
X
X
X
Business, miscellaneous:
Bank
X
X
X
Cellular, communications, radio and other such towers
X
X
Farm equipment and sales
X
X
X
X
Hospital or medical center
S
X
X
X
Hotel, motel or bed and breakfast
X
X
Large-scale shopping center
X
Mortuary
X
Professional offices
X
X
X
X
X
X
X
Veterinary hospital
X
X
Warehouse
X
X
Business, recreational:
Bowling alley
X
X
Golf course
S
S
S
S
X
Indoor theater
X
X
X
Other similar uses
X
X
Private club or lodge
X
X
X
Business, retail sales:
Antique shop
X
X
Department or drug store
X
X
Hardware store
X
X
X
Liquor store
X
X
Other similar uses
X
S
X
Retail shop or store
X
X
X
Industrial:
General industry
X
Light industry
X
X
X
Recycling center
X
Public facilities:
Church or similar place of worship
X
X
X
X
X
X
Daycare center
X
X
X
Government offices
X
X
X
Police or fire station
S
S
X
X
X
X
X
Public library or museum
S
S
S
X
X
X
Public park or playground
X
X
X
X
X
X
X
School, public, private or parochial
X
X
X
X
X
X
X
Residential:
Boarding or lodging house
X
X
X
Group home
X
X
Manufactured home
X
X
X
X
X
Mobile home*
S
S
S
S
X
X
Multi-family dwelling
X
X
Nursing home
X
X
Single-family dwelling
X
X
X
X
X
X
X
Two-family dwelling
X
X
X
NOTES TO TABLE:
* Permitted only as a temporary structure subject to the provisions of § 156.149
 
(Ord. 2002-5, passed 7-2-2002)

§ 156.036 ACCESSORY USES.

   Accessory uses such as the following are authorized in all districts, subject to the provisions of any and all recorded restrictive covenants running with the land:
   (A)   Bird baths and bird houses;
   (B)   Accessory buildings;
   (C)   Driveways;
   (D)   Fences and hedges;
   (E)   Lamp posts;
   (F)   Mailboxes;
   (G)   Name plates;
   (H)   Parking spaces;
   (I)   Private swimming pools;
   (J)   Public utility installations for local service (such as poles, lines, hydrants and the like);
   (K)   Retaining walls;
   (L)   Trees, shrubs, plants and flowers; and
   (M)   Walks.
(Ord. 2002-5, passed 7-2-2002)

§ 156.037 NONCONFORMING USES AND STRUCTURES.

   (A)   Generally.
      (1)   Within the districts established by this chapter or by amendments which may later be adopted, there may exist:
         (a)   Nonconforming lots;
         (b)   Nonconforming structures;
         (c)   Nonconforming uses of land;
         (d)   Nonconforming uses of land and structures in combination; and
         (e)   Nonconforming characteristics of use.
      (2)   These were lawful before this chapter was passed or amended but are prohibited, regulated or restricted under the terms of this chapter, or may be under future amendments hereto. It is the intent of this chapter to permit these nonconforming uses to continue until they are removed but not to encourage their survival. Furthermore, it is the intent of this chapter that nonconforming uses shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses which are prohibited elsewhere in the same district.
      (3)   The restrictions on nonconforming uses stated in this section do not apply to agricultural land in a nonconforming-use status if the land was used for agricultural production before being classified as a nonconforming use. The land must remain in agricultural production for any three-year period out of a five-year period.
   (B)   Incompatibility of nonconforming uses. Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the districts in which such uses are located. A nonconforming use of a structure, land or a structure and land in combination shall not be extended or enlarged after passage of this chapter by the attachment on a building or premises of additional signs intended to be seen from off of the premises or by the addition of other uses of a nature which would be generally prohibited in the district in which such uses are located.
   (C)   Avoidance of undue hardship. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building or development on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been carried on diligently. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction provided that the work shall be carried on diligently. ACTUAL CONSTRUCTION is hereby defined as work done which is beyond the preparation stage and into that stage where the changes or additions are made permanent.
   (D)   Single nonconforming lots of record. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record after the effective date of adoption or amendment of this chapter notwithstanding any limitations imposed by other provisions of this chapter. Such lots must be in separate ownership or included in a subdivision of record in the office of the county’s Recorder at the time of passage of this chapter. This provision shall apply even if such lots fail to meet the requirements for area or width, or both, which are generally applicable in the district provided that yard dimensions and requirements other than those applying to the area or width, or both, of the lots shall conform to the regulations for the district in which such lots are located; see § 156.052(C) of this chapter. Variances of requirements listed in §§ 156.050 through 156.093 of this chapter other than lot area or lot width shall be obtained only through action of the Board of Zoning Appeals as provided in § 156.133 of this chapter.
   (E)   Nonconforming lots of record in combination. If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, then the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with the lot width and lot area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this chapter.
   (F)   Nonconforming uses of land. Where lawful uses of land exist at the time of adoption of this chapter which would not be permitted by the regulations imposed by this chapter, the uses may be continued so long as they remain otherwise lawful, provided that:
      (1)   No such nonconforming uses shall be enlarged, increased or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter;
      (2)   No such nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this chapter;
      (3)   Except for when government action impedes access to the premises, if any such nonconforming uses of land are discontinued or abandoned for more than one year, then any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located; and
      (4)   No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.
   (G)   Nonconforming structures. Where a lawful structure exists on the effective date of adoption or amendment of this chapter which could not now be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
      (1)   No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.
      (2)   Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to the extent of more than 50% of the fair market value of the building immediately prior to the damage, it shall not be reconstructed except in conformity with the provisions of this chapter. Structures made nonconforming by an action of the government, such as a right-of-way purchase, are not subject to this restriction.
      (3)   Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
   (H)   Nonconforming uses of structures or of structures and land in combination. If a lawful use involving an individual structure or a structure and land in combination exists on the effective date of adoption or amendment of this chapter which would not now be allowed in the district under the terms of this chapter, then the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.
      (1)   No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
      (2)   A nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
      (3)   Any structure or any structure and land in combination in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district. The nonconforming use may not thereafter be resumed.
      (4)   Except for when government action impedes access to the premises, when a nonconforming use of a structure or of a structure and land in combination is discontinued or abandoned for more than one year, the structure or structure and land in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located.
      (5)   Where nonconforming-use status applies to a structure and land in combination, the removal or destruction of the structure shall eliminate the nonconforming status of the land.
   (I)   Repairs and maintenance.
      (1)   In any period of 12 consecutive months, on any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs or on the repair or replacement of non-bearing walls, fixtures, wiring or plumbing to an extent not exceeding 30%of the current replacement cost of the nonconforming structure and market value of the real estate or of the nonconforming portion of the structure in any three- year period, whichever the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.
      (2)   Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety upon the order of such official. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful by reason of physical condition, then it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.
(Ord. 2002-5, passed 7-2-2002)

§ 156.038 HOME SERVICE AND HOME OCCUPATIONS.

   (A)   Intent. This section authorizes as home occupations all uses which conform with its standards. In general, a home occupation is an accessory use located and conducted in such a way so that neighbors, under normal circumstances, would be unaware of its existence except for a sign. Home occupations conforming to the requirements of divisions (B) and (C) below are permitted in any non- rural zone which authorizes the dwelling unit to which the home occupation is accessory and in rural zones on lots up to two acres in area.
   (B)   Home occupation requirements. In addition to all other requirements applicable in the zone in which such are located, all home occupations are subject to the following.
      (1)   No alteration shall be made to the exterior of the primary-use building or to the lot which changes the residential character of the building or lot.
      (2)   The operator of a home occupation shall be a resident of the dwelling unit, and no employees are allowed who are not residents of that dwelling unit.
      (3)   A home occupation shall not involve construction features or the use of any electrical and mechanical equipment or combustible materials which would change the fire-separation requirements of the primary-use building.
      (4)   There can be no activity or storage of any kind related to the home occupation outside the primary-use building.
      (5)   A home occupation shall provide an additional off-street parking area adequate to accommodate the needs created by the home occupation. This area shall contain at least one parking space, which shall be in addition to the parking spaces required for the dwelling unit. This parking space shall be provided on the same lot as the home occupation; it may be located in the front setback but not in the right-of-way.
   (C)   Permitted home occupations. Home occupations may include, but are not necessarily limited to, the following:
      (1)   Dressmaker, seamstress or tailor;
      (2)   One-station barber or beauty shop;
      (3)   Home craft, such as model making, cabinet and furniture making, antique restoration and furniture upholstering;
      (4)   Office facility of a member of the clergy;
      (5)   Office facility of a sales representative, salesperson or manufacturer’s representative, provided that no retail or wholesale goods are stored or exchanged; or
      (6)   Office facility of an accountant, architect, artist, broker, engineer, insurance agent, land surveyor, lawyer, musician, real estate agent, telecommuter or member of the recognized counseling professions.
   (D)   Prohibited home occupations. For reasons of incompatibility with permitted uses or violations of the neighborhood character, permitted home occupations shall not include the following:
      (1)   Antique shop;
      (2)   Automobile, truck or motorcycle service, repair, salvage, customization or restoration;
      (3)   Barber or beauty shop with two or more stations;
      (4)   Physician, dentist, optometrist, podiatrist, chiropractor or any medical or dental clinic, office or hospital;
      (5)   Restaurant, bakery or catering service;
      (6)   Veterinarian or any veterinary clinic, office or hospital;
      (7)   Welding shop;
      (8)   Bed and breakfast, tourist home or boarding home; or
      (9)   Other activities having similar characteristics.
(Ord. 2002-5, passed 7-2-2002)

§ 156.039 MOBILE HOME PARKS AND MANUFACTURED HOME COMMUNITIES.

   (A)   Intent. This section details the process by which mobile home parks and manufactured home communities (MHP/MHC) are approved and the regulations which apply to them. MHP/MHCs are residential facilities and involve the creation of individual-use sites or lots without the need for subdividing or platting the land. For the purposes of this subchapter, MHP/MHCs shall be defined as any tract of land upon which four or more units are located.
   (B)   Zoning and design considerations.
      (1)   For the purposes of these regulations, MHP/MHCs shall be constructed only on land classified as R4 residential district and shall be subject to all lot size, height, setback and other requirements as established by this chapter for such district.
      (2)   To ensure adequate design and circulation, and to ensure that state-mandated, health- related standards are met per I.C. 16-41-27-1 through I.C. 16-41-27-34, plans detailing the proposed MHP/MHC shall be submitted for approval by the Advisory Plan Commission at a public hearing before the required permits can be issued for the work.
      (3)   MHP/MHCs shall be considered a major subdivision and shall be subject to the submittal and approval procedures as outlined in this chapter and the town’s subdivision control ordinance.
(Ord. 2002-5, passed 7-2-2002)