New Whiteland City Zoning Code

GENERAL DISTRICT

REGULATIONS

§ 156.170 PERMITTED USES AND SPECIAL EXCEPTIONS.

The permitted uses for each district are listed in the following Table A, Official Schedule of Uses. A proposed use not specifically listed shall not be permitted, unless the Plan Commission determines, in its discretion, that it is similar enough to a listed use that it should be permitted and deems it to be a permitted use. In which case, the proposed use will be permitted only in those zoning classifications in which the use to which it is deemed to be most similar is permitted. The special exceptions for each district that may be permitted by the Board of Zoning Appeals are also shown in Table A. The Board shall follow provisions of this and other applicable sections when considering any application for a special exception.

TABLE A: OFFICIAL SCHEDULE OF USES
DISTRICTS	RS1	RS2	RS3	RF1	MH	F	GB1	GB2	GBM	M
AGRICULTURAL USES
Agricultural crop production						P
Agricultural crop production, organic						P
Agricultural products, processing						P
Agricultural products, sales						P		S	S	P
Agricultural products, storage								S	S	P
Bio-diesel production (micro)										S
Cider mill										S
Forestry						P
Grain elevator
Hobby gardening	P	P	P	P		P	S	S	S	P
Plant nursery, wholesale						P		S	S	P
Tree farm, wholesale								S	S	P
Vineyard								S	S	S
RESIDENTIAL USES
Assisted living facility				S			S	P	P
Bed and breakfast								P	P
Boarding house							P	P	P
Dwelling, accessory	P	P	P	P	P		P	P	P
Dwelling, duplex (2 units)	S	S	S	P			S	S	S
Dwelling, manufactured home					P
Dwelling, multiple-family (3 - 4 units)			S	S
Dwelling, multiple-family (5 - 8 units)			S	S				S	S
Dwelling, multiple-family (9 - 16 units)			S	S				S	S
Dwelling, multiple-family (17+ units)				S				S	S
Dwelling, single-family attached	P	P	P	P				S	S
Dwelling, single-family detached	P	P	P	P				S	S
Garage sales	P	P	P	P	P	p
Home occupations	S	S	S	S	S		P	P	P
Manufactured home park					P
Retirement community				S				S
INDUSTRIAL USES
Arena								P	P	S
Cemetery/mausoleum	S	S	S	S	S	S	S	S	S	S
Community center						S	S	S	S
Fire/police station	S	S	S	S	S	S	S	S	S	S
Government office	S	S	S	S	S	S	P	P	P	S
Hospice facility								P	P	S
Hospital								P	P	S
House of worship, church	S	S	S	S	S	S	P	P	P
Landscaping contractor										P
Library							S	S	S
Museum							S	S	S	S
Nature preserve	S	S	S	S	S	S
Park, public	S	S	S	S	S	S	S	S	S
Post office	S	S	S	S			P	P	P
Recreational field	S	S	S	S	S	S
Rehabilitation clinic							S	S	S
Retirement community	S	S	S			S	S	S	S	S
School, public	S	S	S			S	S	S	S	S
Sewer treatment facility, public	S	S	S	S	S	S	S	S	S	S
Water tower	S	S	S	S	S	S	S	S	S	S
Water treatment facility, public	S	S	S	S	S	S	S	S	S	S
Wellhead, public	S	S	S	S	S	S	S	S	S	S
COMMERCIAL USES
Airport, private								S	S	S
Amusement park								S	S
Animal care/ grooming (no kennel)							P	P	P
Auction (indoor)								S	S	S
Auction (outdoor)								S	S	S
Automobile sales, cars & light trucks								P	P	S
Automobile repair, cars & light trucks								P	P	S
Automobile washing								S	S	S
Bakery							P	P	P
Bank							P	P	P
Bank/ATM, drive-up							P	P	P
Bank/ATM, walk-up							P	P	P
Banquet hall								P	P
Bar or tavern								P	P
Barber or beauty shop							P	P	P
Billiard hall or arcade								S	S
Bowling alley								S	S
Brew pub								S	S	S
Broadcast studio								P	P
Car and truck rental								P	P
Catering service								P	P	S
Check cashing service							P	P	P
Club or lodge							P	P	P
Coffee shop							P	P	P
Coin laundry							P	P	P
Computer service							P	P	P
Copy center							P	P	P
Convenience store								S	S
Counseling center							P	P	p
Country club								S	S
Crematory								S	S
Dance studio								P	P
Day care							P	P	S
Delicatessen							P	P	P
Design services							P	P	P
Donation collection point							P	P	P	S
Driving range								S	S	S
Dry cleaning pickup and drop-off							P	P	P	S
Express shipping center							P	P	P	S
Exterminator								S	S	S
Farmers market						S		S	S	S
Filling station								P	P	S
Funeral home							P	P	P
Hotel								P	P
Ice cream shop							P	P	P
Kennel								S	S	S
Landscaping, retail materals and supplies								P	P	S
Lumberyard									S	P
Martial arts school								P	P
Medial rental							P	P	P
Medical clinic							P	P	P
Mobile device dealer							P	P	P	S
Nail salon							P	P	P
Night club								S	S
Office, construction trade								P	P	P
Office, general							P	P	P	S
Office, medical							P	P	P
Paintball facility								S	S
Parcel shipping							P	P	P
Parking lot, pay								P	P	S
Party facility								P	P
Pharmacy							P	P	P
Photography studio							P	P	P
Printing, commercial								P	P	S
Real estate office							P	P	P	S
Recreation center								S	S
Recreational vehicle (RV) sales and service								S	S	S
Rehabilitation clinic, medical							P	P	P	S
Repair shop, electronics							P	P	P	S
Repair shop, equipment								P	P	S
Repair shop, general							P	P	P	S
Restaurant							P	P	P
Restaurant, drive-in								S	S
Restaurant, drive-through only								S	S
Restaurant with drive-up window								S	S
Retail, agriculture related (plants and produce)								P	P
Retail sales, general							P	P	P
Seamstress/tailor							P	P	P
Shoe repair							P	P	P
Shooting range (indoor)								S	S
Software development							P	P	P	P
Spa								P	P
Sports field (indoor)								S	S
Sports field (outdoor)								S	S
Studio arts - music, dance, art							P	P	P
Tanning salon							P	P	P
Tattoo/piercing parlor							S	S	S
Theater, movie (indoor)								S	S
Title company							P	P	P
Tool/equipment sales and/or rental (indoor)								P	P	S
Tool/equipment sales and/or rental (outdoor)								S	S	S
Trade or business school								P	P	S
Travel agency							P	P	P
Truck sales								S	S	S
Veterinary clinic							P	P	P
INDUSTRIAL USES
Bottling/canning										P
Brewery										P
Broadcast facility										P
Chemical manufacturing										S
Coatings and finishes										S
Composting facility										S
Distribution facility										P
Dry cleaning processing										S
Electrical generation plant										S
Fireworks manufacturing										S
Fleet vehicle storage										P
Food processing										P
Freight terminal										P
Heavy equipment repair										P
Industrial park										P
Liquid fertilizer distribution										S
Meat processing										S
Metal casting										S
Motor sports team										P
Outdoor storage										P
Printer, industrial										P
Produce terminal										P
Research center, general										P
Research center, medical										P
Rock crushing										S
Sawmill										S
Scrap metal yard										S
Sign fabrication										P
Stone cutting										S
Storage tanks (hazardous)										S
Storage tanks (non-hazardous)										P
Telecommunication facility										P
Testing lab, electronics										P
Testing lab, materials										P
Tool and die shop										P
Transfer station										S
Utility facility, above-ground										P
Warehouse										P
Welding service										P
Wholesale business										P

(2004 Code, § 6-100) (Ord. 2016-13, passed 9-6-2016; Ord. 2019-12, passed 10-15-2019)

§ 156.171 PROPERTY DEVELOPMENT REGULATIONS.

The following general standards shall govern the development of lots and buildings in all zoning districts.

(2004 Code, § 6-200; Ord. 2022-04, passed 5-4-2022; Ord. 2022-04, passed 5-4-2022)

§ 156.172 LOT AND YARD REQUIREMENTS.

The minimum lot area, width of frontage, width of lot, width of side yards, depth of front and rear yards, maximum building heights, floor area ratio and minimum floor areas for each district shall be as shown in Table 156.172 below. (Some district development standards may vary from the standards defined herein - see district requirements and notes to Table 156.172 on next page.)

PROPERTY DEVELOPMENT REGULATIONS

District	Minimum Lot Area and Dimensions			Minimum Setbacks			Maximum Building Height		Floor Area Ratio	Minimum Floor Area
District	Lot Area	Width of Frontage	Lot Width	Front Yard*	Side Yard	Rear Yard	Principal Building	Accessory Building	Floor Area Ratio	Usable Living	Ground Level
Low Density Residential (RS1)	23,000	50’	100’	35’	12’	25’	35’	20’	30%	1,500	1,000
Medium Density Residential (RS2)	10,000	35’	75’	30’	10’	20’	35’	20’	30%	1,200	950
High Density Residential (RS3)	7,200	35’	60’	25’	6’	20’	35’	20’	40%	950	750
Zero Lot Line Residential (RF1)	10,000	35’	90’	25’	8’	20’	35’	20’	40%	950	1,000
General Business 1 (GB1)	N/A	35’	N/A	35’	(§ 156.202)	(§ 156.202)	45’	N/A	N/A	N/A	N/A
General Business 2 (GB2)	N/A	35’	N/A	35’	(§ 156.202)	(§ 156.202)	45’	N/A	N/A	N/A	N/A
Manufacturing (M)	N/A	75’	N/A	(§ 156.216)	(§ 156.216)	(§ 156.216)	35’	N/A	N/A	N/A	N/A
NOTES TO TABLE: 1. Setback lines. Setback dimensions given are based upon the requirements for a local street. Other more stringent setbacks shall be required if adjacent to a higher type of thoroughfare, see § 156.173 of this chapter. 2. Open space. The following requirements are intended to provide exceptions to or qualify and supplement, as the case may be, the specific district regulations set forth in each of the district's developmental regulations. a. Open space not to be counted for two structures. An open space or lot area required for an existing building or structure shall not be counted as open space for any other building or structure. b. Eaves, cornices, sills, porches. Open eaves, cornices, window sills and belt courses may project into any required yard a distance not to exceed 4 feet. Open uncovered porches or open fire escapes may project into a front or rear yard a distance not to exceed 5 feet. c. Minimum lot size, cover and street frontage. No dwelling shall be erected on a lot not less than 50 feet in width or which does not abut on at least one street or alley for a distance not less than 35 feet. A street or alley shall form the direct and primary means of ingress and egress for all dwelling units. Accessory buildings which are not a part of the main building may be built in the rear yard, but shall not cover more than 20% of the rear yard. d. Attached or detached garages. An attached or detached private garage which faces on a street shall not be located closer than 30 feet to the right-of-way line.

(2004 Code, § 6-201)

§ 156.173 SETBACK REQUIREMENTS.

(A) The below shown setbacks are considered to be minimums. The Plan Commission may prescribe greater setbacks if either the proposed use or the condition of the area, in the discretion of the Plan Commission, warrant such greater setbacks.

(B) Yards, having a minimum depth in accordance with the following setback requirements, shall be provided along all public street right-of-way lines, and building setback lines shall be as follows:

(1) Express, arterial highway or primary thoroughfare. U.S. 31 as designated on the Comprehensive Plan of the town. No part of any structure shall be built closer than 75 feet to any right-of-way line of an expressway or arterial highway, and not closer than 45 feet to any right-of-way line of a primary thoroughfare. Except, however, in a manufacturing district which shall have setback requirements as set out in §§ 156.215 through 156.218 of this chapter;

(2) Secondary thoroughfare. Secondary thoroughfare, as designated on the Comprehensive Plan of the town. No part of any structure shall be built closer than 40 feet to any right-of-way line of a secondary thoroughfare. Except, however, in a manufacturing district which shall have setback requirements as set out in §§ 156.215 through 156.218 of this chapter;

(3) Local streets or marginal access streets or cul-de-sacs. No part of any structure shall be built closer than 25 feet to any right-of-way line of a local street or marginal access street or cul-de-sac, except where more restrictive requirements are otherwise provided for in this chapter. Except, however in a manufacturing district which shall be as set out in §§ 156.215 through 156.218 of this chapter. Additionally, it shall be further provided, that in any block in which an existing yard depth is established (by existing legally established structures within the same district) for more than 25% of the frontage of the block (or a distance of 400 feet, whichever is the lesser), the required yard depth and setback for any new building shall be the average of such established yards; and

(4) Established setbacks.

(a) If 25% or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line greater than the minimum setback requirements for that specific zoning district, and no building varies more than six feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings.

(b) If 25% or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line less than the minimum setback requirements for that specific zoning district, and no building varies more than six feet from this average setback line, then it shall be permissible to erect a building as close to the street line as the average setback line so established by the existing building; provided, however, that, this provision shall not apply to corner lots or lots having frontage on more than one street.

(2004 Code, § 6-202)

§ 156.174 HEIGHT RESTRICTIONS.

The following requirements are intended to provide exceptions to or qualify and supplement as the case may be, the specific district regulations set forth in § 156.172 of this chapter and in each of the individual district’s developmental regulations.

(A) General. In measuring heights, a habitable basement or attic shall be counted as a story at a height of four feet above the floor does not exceed two-thirds of the area of the story immediately below it and which does not contain an independent apartment, shall be counted as half story. Height shall be measured from ground level to the highest point of the building.

(B) Projections not for human occupancy. Chimneys, elevators, poles, spires, tanks towers and other projections not used for human occupancy may extend above the height limit.

(C) Public and semi-public buildings. Houses of worship, schools, hospitals, sanatoriums and other public and semi-public buildings may exceed the height limitation of the district if the minimum depth of rear yards and the minimum width of the side yards required in district are increased one foot for each two feet by which the height of such public or semi-public structure exceeds the prescribed height limitation.

(D) Accessory buildings. The building height of an accessory building may not exceed the building height of the principal building.

(2004 Code, § 6-203)