Local business—General Business—Shopping Center: The business uses defined below are permitted in the districts indicated in Figure 2, when complying with the requirements specified in Figure 2, 3, and 4 subject to the provisions of subsection C. herein:

A.

A local business use is one which is primarily of a retail or service nature, and is classified in the following categories:

1.

Automobile service: Including but not limited to the following:

a.

Filling station.

b.

Public garage.

c.

Public parking area.

d.

Automobile sales room.

2.

Business service: Including but not limited to the following:

a.

Bank.

b.

Business and professional office.

c.

Postal station.

d.

Telegraph office.

e.

Trade or business school.

3.

Clothing service:

a.

Laundry agency.

b.

Self-service laundry.

c.

Dry cleaning establishments using cleaning fluid which in non-explosive and non-flammable, and using not more than 40-pound capacity.

d.

Dressmaking.

e.

Reserved.

f.

Tailor and pressing shop.

g.

Shoe repair shop.

4.

Equipment service: Including but not limited to the following:

a.

Radio and television shop.

b.

Electronic appliance shop.

c.

Record shop.

5.

Food service: including but not limited to the following:

a.

Grocery.

b.

Meat market.

c.

Supermarket.

d.

Restaurant.

e.

Delicatessen.

f.

Cold storage lockers for individual use.

g.

Bakery.

6.

Personal service: including but not limited to the following:

a.

Barber shop.

b.

Beauty shop.

c.

Reducing salon.

d.

Photographic studio.

7.

Retail service (retail stores generally): including but not limited to the following:

a.

Department store.

b.

Drug store.

c.

Hardware.

d.

Stationer.

e.

News dealer.

f.

Showroom for articles to be sold at retail.

g.

Variety store.

h.

Apparel shop.

i.

Flower shop, including greenhouse not exceeding 1,000 square feet in area.

8.

Business, recreational uses: When conducted only within buildings so constructed that no noise of any kind produced therein shall be audible beyond the confines of the building, including but not limited to the following:

a.

Indoor theater.

b.

Bowling alley.

c.

Billiard room.

d.

Dancing academy.

e.

Tavern or night club, only in conformity with the requirements of laws or ordinances governing such use.

9.

Private club or lodge.

10.

Accessory building or use customarily incidental to the above uses. Any building used primarily for accessory purposes may not have more than 40 percent of its floor area devoted to storage purposes incidental to such primary use; and provided that no more than five persons are employed at one time or on any one shift in connection with such incidental use.

11.

Advertising sign or billboard.

B.

A general business use, permitted in C2 and I1 districts, including accessory buildings and uses, and including the uses specifically stated or implied as follows:

1.

Local business uses.

2.

Automobile or trailer sales area.

3.

Automobile and truck repair.

4.

Hotel or motel.

5.

Motor bus or railroad passenger station.

6.

Newspaper publishing.

7.

Radio and television studios.

8.

Storage warehouses.

9.

Veterinary hospital for small animals and kennels.

10.

Wholesale establishment.

11.

Any business use not specifically stated or implied elsewhere in this code, and complying with the above definitions.

C.

A general business use permitted in C3 district is limited to a well planned shopping center, and shall be subject to the following requirements and provisions:

1.

The tract of land involved shall be of an area not less than six acres.

2.

The owner or owners of such tract of land shall have obtained the approval of the commission in accordance with the procedure set forth in section 2-3-5-2 of this code and the requirements specified in Figure 2.

Other provisions and requirements for business uses are as follows:

A.

Plans for the erection or structural alteration of a filling station and public parking area shall be approved by the commission. The commission may require such changes therein with respect to yards and location, driveways, pumps, and buildings as it may deem best suited to insure safety, minimize traffic hazards and safeguard adjacent properties.

B.

Parking spaces shall be provided on the lot or within 300 feet thereof on a site approved by the commission as indicated in Figure 3.

C.

Parking space requirements shall not apply in a block where 50 percent or more of the area was occupied by business or industrial structures at the time of the passage of Ordinance 1981-1.

D.

Groups of uses requiring parking space may join in establishing group public parking area, together with parking spaces for employees, with capacities aggregating that required for each participating use.

E.

All commercial driveways and parking lots shall be paved with concrete or asphalt materials according to specifications set forth for alley and cross-walks in Table 2 of section 2-3-4-3 [2-3-4-2] of this code.

F.

One-half of an alley abutting the rear of a lot may be included in the rear yard, but such alley space shall not be included for loading and unloading berths.

G.

Loading and unloading berths shall not be required for business uses which demonstrably do not receive or transmit goods or wares in quantity by truck delivery.

H.

Where 25 percent or more of the lots in a block are occupied by buildings, the setback of such buildings shall determine the dimension of the front yards in the block.

I.

The maximum building height requirement in Figure 2 may be increased if buildings are set back from rear and front property lines one foot for each two feet of additional height above the maximum building height requirement.

J.

Chimneys, cooling towers, elevator bulkheads, fire towers, penthouses, stacks, tanks, water towers, transmission towers, or essential mechanical appurtenances may be erected to any height not prohibited by any other laws or ordinances.

K.

Plans and specifications for proposed sewerage and other waste treatment and disposal facilities shall be submitted to, and approval obtained from, the Indiana Department of Environmental Management.

L.

Fire lanes shall be established adjacent to and abutting the perimeter of all building and building blocks erected in C1, C2, C3, and I1 districts; and adequate and prominent signs shall be displayed which shall forbid the parking of any vehicle or leaving any vehicle unattended in such designated fire lanes; nor shall such designated fire lanes be used for outdoor display or storage space. Any change in the use or occupancy of the building as a result of a reasonable action by the town council shall subject the building to the provisions of this subsection.

M.

The sale or dispensing of alcoholic beverages shall not be permitted in connection with the operation of a gas station or filling station.

(Ord. No. 1996-220A, 2-20-1996)