New Whiteland City Zoning Code
GENERAL BUSINESS
DISTRICTS
§ 156.200 RESTRICTIONS FOR PERMITTED USES; GB1.
(A) All permitted GB1 uses are listed in the official Schedule of Uses in § 156.170 of this chapter.
(B) The following restrictions shall be applicable to all permitted uses within the GB1 District:
(1) All uses and operations (except off-street loading, off-street parking and drive-in customer service windows) shall be conducted within completely enclosed buildings;
(2) No merchandise shall be produced, stored or handled on the premises for purposes of delivery or for sale at retail, wholesale or discount to the public or other businesses unless minor and incidental to the primary office function; and
(3) No show windows or other exterior display, displaying, promotion or advertising products, merchandise or services retailed, offered, promoted or advertised by the use occupying the premises shall be permitted.
(2004 Code, § 6-401)
§ 156.201 RESTRICTIONS FOR PERMITTED USES; GB2.
(A) All permitted uses shall be as listed in the official Schedule of Uses in § 156.170 of this chapter.
(B) The following additional restrictions shall be applicable in the GB District:
(1) Gasoline service station, tire and auto service center shall be limited to indoor service bays only; provided, however, that, the service station and center functions, services, operation and sales shall not include the following:
(a) Outdoor operations other than the dispensing of gasoline, oil, antifreeze and other similar products and the performing of minor services for customers;
(b) The sale, rental, display or storage of new or used motor vehicles, trailers, tractors, machinery or other similar equipment; or merchandise not related to the minor servicing of motor vehicles or for the immediate convenience of customers;
(c) Commercial parking of motor vehicles;
(d) Major exterior displays of merchandise; or any exterior displays which restrict traffic visibility in any way or which impede the movement of vehicles on the service or center driveways or public rights-of-way, or located in or in any way conflicting or interfering with pedestrian walks, off-street parking areas or required landscaped yards. Any exterior display shall be maintained in an orderly manner;
(e) Major servicing or motor or body repair such as, but not limited to, body, fender work, motor overhaul, major transmission repair, auto glass work, tire recapping;
(f) Dismantling or wrecking of motor or other vehicles, or the storage of inoperable, damaged or wrecked vehicles; and
(g) A driveway so located and constructed that it permits traffic movement completely around or behind the service station or service center structure (except where necessary to provide adequate access to the off-street parking area, building, storage tanks, trash containers and the like, or to adjacent commercial property, or in the case of a station or service center structure designed to provide service on all sides).
(2) Automobile sales, new or used, service and repair, are a permitted use; provided:
(a) Any major repair and service is conducted within enclosed buildings;
(b) Auto storage is incidental to the primary function;
(c) Not more than 50% of the developed area of the premises is used for outdoor display, storage and/or sales;
(d) Outdoor storage shall be screened by a solid decorative fence or wall not less than six feet in height, and to a distance from the front lot line not less than the front building line of the primary structure;
(e) Outdoor display of automobiles shall be located not less then 20 feet from the front lot line; provided, a 20-foot wide strip of the required front yard, paralleling and measured from the front lot line, and extending the full length thereof (except for walks, access cuts and driveways) shall be landscaped in grass and shrubbery, trees and/or hedge; and
(f) Any lighting used to illuminate an outdoor display area or an outdoor area where any service or activity is conducted shall comply with the following requirements.
1. When parking areas are illuminated, the lighting equipment shall provide good visibility with a minimum of direct glare.
2. In applying exterior floodlighting, equipment shall be of those types or distribution that are appropriate to lighting within the property line. The lighting equipment shall be so located, shielded and directed that the lighting distribution is confined to the area to be lighted.
3. Objectionable spill light onto adjacent properties or streets shall be avoided to prevent direct glare or disability glare.
(3) Further, it shall be prohibited to:
(a) Light an area by the use of stringers or unshielded incandescent lamps in which the entire lamp envelope is designed to function as a light emitter; and
(b) Make use of attention attracting lighting from apparatus of a type used by emergency vehicles.
(4) Rental of cars, trucks and trailers shall be permitted subject to the provisions of this section.
(2004 Code, § 6-402) (Ord. 2056, passed 8-7-2007)
§ 156.202 PROPERTY DEVELOPMENT REGULATIONS; GB1 AND GB2.
(A) Uses in GB2.
(1) All uses and operations (except off-street loading and off-street parking) shall be conducted within completely enclosed buildings, except where otherwise permitted.
(2) No outdoor storage shall be permitted other than trash containers; provided that, trash containers exceeding six cubic feet shall be located within a solid-walled stall behind or beside the primary structure.
(3) No vending machines shall be permitted on the exterior of any building on the premises, except where contained in a shelter, stall or other area so located as not to interfere materially with the use of adjacent properties.
(B) Required front yard, minimum front setback (GB1 and GB2).
(1) A front yard, having at least 35 feet width of frontage on a public street and having a minimum depth in accordance with the thoroughfare setback requirements of § 156.173 of this chapter, shall be provided along the street right-of-way line.
(2) Frontage roads shall be considered collector streets, requiring a front setback of 35 feet from the right-of-way of such frontage road unless such frontage road is designated otherwise on the official Thoroughfare Plan of the town or on the recorded plat thereof as required by Ch. 155 of this code of ordinances.
(C) Required corner side yard, double frontage lot minimum setback (GB1 and GB2). In any case where the side or rear lot line abuts a street right-of-way line, there shall be provided a side or rear yard in which the setback of any structure shall comply with the minimum front setback requirements of this section, unless subject to the established setback provisions of § 156.173 of this chapter.
(D) Required side yards, minimum side setback (GB1 only). A side setback and landscaped side yard of not less than eight feet in depth shall be provided along each side lot line, (unless subject to the additional setback requirements of division (K) below for building or structural heights in excess of 35 feet, or transitional yards requirements of division (H) below). If any portion of a side yard is used for a driveway or off-street parking area, there shall be provided and maintained along the entire length of such lot line, a three-foot landscaped strip, extending the full length thereof; provided, however, that, where a dedicated alley separates a side yard from the adjacent property, the entire required side yard may be used for off-street parking and/or driveway.
(E) Required side yard, minimum side setback (GB2). No side yard or side setback is required unless subject to the requirements for transitional yards of division (H) below.
(F) Required rear yard, minimum rear setback (GB1).
(1) A rear yard and setback of not less than ten feet in depth shall be provided along the rear lot line (unless subject to additional setback requirements of division (C) above or division (K) below, for building or structural heights in requirements of division (H) below.
(2) Said rear yard, whether abutting an adjacent property or separated therefrom by a dedicated alley, may be entirely used for off-street parking and/or driveway.
(G) Required rear yard, minimum rear setback (GB2). No rear yard or rear setback is required unless subject to the requirements for transitional yards of division (H) below.
(H) Transitional yards (GB1 and GB2).
(1) Where a front yard abuts a street on the opposite side of which is a residential district, the minimum required front yard and setback shall be the same as the standard front yard and setback requirement of division (B) above; provided, however, the front yard use of such minimum required transitional front yard shall not include off-street parking if said abutting street is a collector, local, marginal access street or cul-de-sac. If the abutting street is an expressway, primary or secondary thoroughfare, the front yard may include off-street parking provided a 20-foot wide strip of said required front yard, paralleling and measured from the front lot line, and extending the full length thereof (except for walks, access cuts and driveways) shall be maintained as a landscaped portion of the yard in conformance with division (I)(1) below.
(2) Where a side or rear lot line abuts either a side or rear lot line in an adjacent residential district, a side or rear yard and setback not less than 15 feet in depth shall be provided along such side or rear lot line.
(I) Screening and landscaping of transitional yards for yards fronting upon or abutting a residential district.
(1) (a) Front transitional yards (fronting upon a residential district) shall be landscaped in an open pattern, in grass and shrubbery, trees and/or hedge to provide a partial screening of the GB use. An ornamental, decorative fence or masonry wall, not more than two and one-half feet in height if solid, or six feet if open, may be used in conjunction with the landscaping; provided, however, along any portion of said transitional front yard in which an off-street parking area is located there shall be provided and maintained along the front lot line a buffer screen of either:
1. ARCHITECTURAL SCREEN. A wall or fence of ornamental block, brick, solid wood fencing or combination thereof. Said wall or fence shall be at least 42 inches in height and shall be so constructed to such minimum height to restrict any view there through; or
2. PLANT MATERIAL SCREEN. A compact hedge of evergreen or deciduous shrubs, at least 36 inches in height at the time of planting.
(b) Ground area between such wall, fence or hedge and the front lot line shall be planted and maintained in grass, other suitable ground cover, shrubbery and/or trees. All shrubs and trees shall be planted balled and burlapped and shall meet the standards of the American Association of Nurserymen.
(c) To provide maximum flexibility in the landscape design of a side screen and ground area, a variety of plant material may be used; provided, however, that, a plan indicating the species, variety, size, spacing and location of all plants shall be filed with the Zoning Administrator and approved by him or her prior to the time of planting.
(2) Side and rear transitional yards (abutting residential districts) shall be landscaped in grass and shrubbery, trees and/or hedge to form an effective screening of the GB1 use. An ornamental, decorative fence or masonry wall, may be used in conjunction with the landscaping; provided, however, if any portion of a side or rear transitional yard is used for a driveway or off-street parking area, there shall be provided and maintained along the entire length of such lot line to the front setback line, a wall or fence of ornamental block, brick, solid wood fencing or combination thereof. Said wall or fence shall be at least six feet in height and shall be so constructed to such height to restrict any view there through.
(J) Use of required yards. All required yards shall be landscaped in grass and shrubbery, trees and/or hedge, or in combination with other suitable ground cover materials, except:
(1) Required front yards may include:
(a) Pedestrian walks, access cuts, driveways, flag poles and similar appurtenant uses; and
(b) Off-street parking; provided, however, a six-foot wide strip of the required front yard, paralleling and measured from the front lot line, and extending the full length thereof (except for walks, access cuts and driveways) shall be maintained as a landscaped portion of the front yard as required above, unless subject to. the transitional yard requirements of division (H) above.
(2) Required side and rear yards may include:
(a) Pedestrian walks, access cuts, driveways, flag poles and similar appurtenant uses; and
(b) Off-street parking, subject to the requirements of divisions (D), (E), (F) and (G) above.
(K) Height of buildings and structures (GB1). The maximum height of buildings and structures shall be 45 feet; provided, however, in case of the transitional yards, as specified in division (H) above, minimum required side and rear setbacks shall be increased by one foot for each additional three feet, or part thereof, of building or structural height above 35 feet.
(2004 Code, § 6-403)
§ 156.203 GBM GENERAL BUSINESS MANUFACTURING.
(A) General. All land uses within the GBM District shall be limited to the use or uses specified in the applicable rezoning petition or ordinance redistricting and zoning the particular land to the GBM District. A site and development plan for a proposed GBM District shall be filed with the zoning petition and approved by the Plan Commission. The Commission may approve, amend or disapprove the plan and may impose any reasonable conditions upon its approval. All development within the GBM District shall be subject to any further standards, conditions, restrictions or requirements specified in such rezoning petition or ordinance.
(B) Development standards.
(1) Uses. All GBM District uses shall:
(a) Be so planned, designed, constructed and maintained as to create a superior land development, in conformity with the Comprehensive Plan;
(b) Create and maintain a desirable, efficient and economical use of land with high functional value and compatibility of land uses, within the GBM District and with adjacent uses;
(c) Provide sufficient and well-designed access, parking and loading areas;
(d) Provide traffic control and street plan integration with existing and planned public streets and interior access roads;
(e) Provide adequately for sanitation, drainage and public utilities; and
(f) Allocate adequate sites all uses proposed: the design, character, grade, location and orientation hereof to be appropriate for the uses proposed, logically related to existing and proposed topographical and other conditions, and consistent with the Comprehensive Plan.
(2) Required minimum street frontage. Each lot or integrated center shall have at least 50 feet of frontage on a street right-of-way, and shall gain access from such street frontage.
(3) Required minimum front yards, minimum front setback. The setback requirements of § 156.202(B) of this chapter shall apply to the property in the GBM District.
(4) Required minimum side yards, minimum side setback. No side yard or side setback shall be required unless subject to the requirements of transitional yards of § 156.202(H) of this chapter.
(6) Required front yards.
(a) May include pedestrian walks, driveways, flag poles, fences, screening walls and similar appurtenant structures; and
(b) Shall not include parking areas or interior access drives.
(7) Required side and rear yards.
(a) May include pedestrian walks, interior access driveways, flag poles, fences, screening walls and similar appurtenant structures; and
(b) May include interior access drives and parking areas.
(8) Required front, side or rear transitional yards.
(a) May include pedestrian walks, driveways, interior access driveways, flag poles, fences, screening walls and similar appurtenant structures; and
(b) Shall not include parking areas or interior access drives.
(9) Maximum height of buildings and structures. There shall be no height limitation for buildings and structures provided that:
(a) Minimum required front, side and rear yard setbacks shall be increased by one foot for each three additional feet, or part thereof, of building or structural height above 35 feet to a maximum front, side or rear building setback requirement of 30 feet; and
(b) Minimum required setback along any required front, side or rear transitional yard shall be increased by one foot for each one foot, or part thereof, of building or structural height above 35 feet to a maximum front, side or rear building setback requirement of 50 feet.
(10) Signs. Signs and sign structures shall comply with all applicable provisions of the town’s zoning ordinances and all additional requirements imposed by the Plan Commission.
(11) Additional developments requirements. Site and landscape plans, street requirements, recycling containers, temporary use structures or buildings, temporary seasonal retail sales uses or screening, landscaping and grounds maintenance, shall be in accordance with all applicable sections of this chapter for the GB2 District and all additional requirements imposed by the Plan Commission.
(Ord. 2026, passed 4-4-2006)