Table 743-1: Use Table lists land uses and indicates whether they are permitted by right or with approval of a special exception, or prohibited in each Primary Zoning District. The Use Table also includes references to additional use-specific standards that may be applicable to that use. The Use Table does not include Development Plan districts (Section 742-108), Special Use Districts (Section 742-109), Historic Preservation Districts (Section 742-110), or Secondary Districts (Section 742-200).

(G.O. 64, 2015, § 2)

A "P" in a cell of the Use Table indicates that the land use is allowed by right in that Primary Zoning District, subject to compliance with the use-specific standards referenced in the final column of the Use Table and with all other applicable requirements of the Zoning Ordinance. All uses permitted by right in a Primary Zoning District are also permitted as an accessory use in that Primary Zoning District. Permitted uses are subject to all other applicable requirements of the Zoning Ordinance, including those set forth in Chapter 744 Development Standards.

(G.O. 64, 2015, § 2)

An "S" in a cell of the Use Table indicates that the land use is allowed in that Primary Zoning District upon approval of a Special Exception as described in Section 740-705 and compliance with any use-specific standards referenced in the final column of the Use Table and with all other applicable requirements of the Zoning Ordinance. All land uses that were permitted as a use by right when it was established, but that is listed as an S use in the Zoning Ordinance, shall be deemed to have already obtained special exception approval, and the city will issue the requisite permit at the request of the property owner.

(G.O. 64, 2015, § 2)

A "V" in a cell of the Use Table indicates that the land use may be permitted in that Primary Zoning District upon acknowledgement by the Administrator, provided that it takes place in an existing building that the applicant documents that the building has been vacant for a period of 5 consecutive years and that it complies with any use-specific standards referenced in the final column of Table 743-1: Use Table and with all other applicable requirements of the Zoning Ordinance. All uses that were permitted by right when the building was established, but that is listed as a "V" use in the Zoning Ordinance will be deemed to have already obtained approval and the City will issue a permit at the request of the property owner.

(G.O. 64, 2015, § 2; G.O. 37, 2018, § 7)

An "A" in a cell of the Use Table indicates that the land use is allowed in that Primary Zoning District only if it is incidental and subordinate to a "P" use or an approved "S" or "V" use in that Primary Zoning District, provided that it complies with any use-specific standards referenced in the final column of Table 743-1: Use Table and with all other applicable requirements of the Zoning Ordinance. The Administrator shall determine whether a use is incidental and subordinate based on the amount of pedestrian or vehicle activity related to other uses on the site, the area of the site or building occupied by each use on the site, and the level of impact on surrounding properties generated by each use on the site. In addition, any use listed as a "P" use in a Primary Zoning District may also be conducted as an accessory use in that district.

(G.O. 64, 2015, § 2)

A "T" in a cell of the Use Table indicates that the land use is allowed in that Primary Zoning District only at those times or at those periods indicated in the use-specific standards for that use and provided that it complies with any other use-specific standards referenced in the final column of Table 743-1: Use Table and with all other applicable requirements of the Zoning Ordinance.

(G.O. 64, 2015, § 2)

A blank cell in the Use Table indicates that the land use is prohibited in that Primary Zoning District. In addition, any use that is not listed in Table 743-1: Use Table is prohibited in all Primary Zoning Districts, unless the Administrator determines that it is substantially similar to a listed use as described in Section 743-210.

(G.O. 64, 2015, § 2)

When a property is located within the boundaries of a Secondary Zoning District, the provisions for that Secondary Zoning District prevail over those in the Primary Zoning District. For example, if a use is prohibited in the Primary Zoning District where the property is located, but is a permitted use in a Secondary Zoning District applicable to the same property, then the use is allowed on that property. On the other hand, if a use is listed as a permitted use in the Primary Zoning District but is listed as a special exception use in a Secondary Zoning District applicable to the same property, then the use is a special exception use for that property. If a property is located in more than one Secondary Zoning District, then the most restrictive use provision in those Secondary Zoning Districts shall apply to the property.

(G.O. 64, 2015, § 2)

The following uses require rezoning to the Special Use District (Section 742-109) shown in the following Table 743-208-1, and may not be interpreted as a permitted or special exception use in any other Primary or Secondary Zoning District.

When a land use is allowed by right or by special exception in a Zoning District, there may be additional standards that apply to that specific use. Those additional standards are cross-referenced in the last column of the Use Table (use-specific standards). The cross-referenced standards appear in Chapter 743, Article III Use-Specific Standards, immediately following the Use Table. In some cases, accessory and temporary uses are required to comply with the same standards applicable to a similar primary use of land. In other cases, similar primary and accessory uses are subject to different standards. All uses must comply with the use-specific standards applicable to that use category and use regardless of how the use is permitted or approved, unless a variance is obtained pursuant to Chapter 740, Article VIII Improvement Location Permits. All accessory uses must also comply with Section 743-306.A. through C.

(G.O. 64, 2015, § 2)

A.

When a proposed land use is not explicitly listed in the Use Table, the Administrator shall determine whether or not it is included in the definition of a listed use or is so consistent with the size, scale, operating characteristics and external impacts of a listed use that it should be treated as the same use. All such interpretations shall be made available to the public and shall be binding on future decisions of the city until the Administrator makes a different interpretation.

B.

The Administrator may approve accessory uses not listed in the Use Table if the Administrator determines that they are similar in nature to one or more accessory uses listed in the table and will have no more adverse impacts on the surrounding properties than those accessory uses listed in the table.

(G.O. 64, 2015, § 2)

(G.O. 64, 2015; G.O. 72, 2015, § 2; G.O. 53, 2017, § 2; G.O. 37, 2018, § 7; G.O. 23, 2023, § 5)

(G.O. 64, 2015, § 2; G.O. 37, 2018, § 8)

A.

Single-family detached dwelling. Each unit with an attached garage established after the first day of the month that is six months after the date of adoption may, but are not required, incorporate the following components:

1.

At least one means of entering the dwelling unit through a doorway with at least 34 inches of clearance width without a vertical step between that doorway and the perimeter sidewalk, driveway, or garage floor; and

2.

At least one toilet on the ground floor with a doorway with at least 34 inches of clearance width.

B.

Manufactured home. Manufactured homes must comply with the following requirements:

1.

All manufactured homes, except those located in the D-11 District, shall be set onto a permanent foundation and comply with the set-up, utility connection and underfloor space requirements set forth in IC 25-23.7, which is incorporated herein by reference.

2.

When indicated as requiring a special exception in Table 743-1: Use Table, this use shall only be permitted after approval of a Special Exception by the Board of Zoning Appeals in accordance with Section 740-705, and upon the Board's determination that:

a.

The manufactured home will be in harmony with the character of the surrounding neighborhood, use siding and roofing materials that are aesthetically compatible with the surrounding neighborhood.

C.

Two-Family Dwelling.

1.

In D-2 and D-3 districts, two-family dwellings are only permitted on corner lots. The orientation (front doors, driveways) of each unit in a two-family dwelling shall be toward a different street frontage.

2.

Each unit with an attached garage established after April 1, 2016 may, but are not required to, incorporate the following components:

a.

At least one means of entering the dwelling unit through a doorway with at least 34 inches of clearance width without a vertical step between that doorway and the perimeter sidewalk, driveway, or garage floor; and

b.

At least one toilet on the ground floor with a doorway with at least 34 inches of clearance width.

D.

Triplex or fourplex. In MU-1, MU-2, and MU-3 Districts, the primary entrance of every dwelling unit shall be oriented to and clearly visible from a public street frontage.

E.

Single-family attached dwellings.

1.

Each dwelling unit shall be located on its own lot or as a condominium as defined in Chapter 551 of the Revised Code of the Consolidated City and County.

2.

No more than two abutting townhouse units may have front facades in the same vertical plane. Where a variation in front façade plane is necessary, the variation shall be a minimum of three feet.

3.

In the D-5II District, no more than eight dwellings may be constructed in a structure in which individual dwelling units share a common wall.

F.

Live/work units.

1.

The nonresidential use must be owned or operated by a resident of the live-work dwelling unit.

2.

The nonresidential use is limited to the nonresidential uses otherwise permitted in the District.

G.

Assisted living facility. When indicated as requiring a special exception in Table 743-1: Use Table, this use shall only be permitted after approval of a special exception by the Board of Zoning Appeals in accordance with Section 740-705, and upon the Board's determination that:

1.

The design of the assisted living facility will be in harmony with the character of the surrounding neighborhood, use materials that are aesthetically compatible with the surrounding neighborhood.

2.

The orientation and entrance placement of the assisted living facility will be compatible with the surrounding neighborhood, and the scale and location of the vehicle areas and service areas of the assisted living facility are located and designed in harmony with the surrounding residential uses.

H.

Emergency shelter, daily. When indicated as requiring a Special Exception in Table 743-1: Use Table, this use shall only be permitted after approval of a special exception by the Board of Zoning Appeals in accordance with Section 740-705, and upon the Board's determination that:

1.

The facility will be adequately separated from residential uses.

I.

Group home.

1.

No group home in a Dwelling District shall be located within 1,000 feet of another group home, as measured between the closest points on their respective lot lines, unless the two properties are separated by a river, creek, railroad track or street with four or more travel lanes. (See Section 740-308 and Section 743-301)

2.

No group home in a D-A, D-S, D1, D2, D3, D4, D5, D5II, or D-8 District shall provide housing for more than eight residents.

3.

Group homes in Dwelling Districts shall be designed to be residential in character.

4.

Group homes housing for persons with developmental disabilities shall obtain, comply with, and maintain a license from the Indiana Division of Disability and Rehabilitative Services.

5.

Group homes housing those living with psychiatric disorders or addictions shall obtain, comply with, and maintain a license from the Indiana Division of Mental Health and Addictions.

J.

Nursing home.

1.

Nursing homes shall be licensed by the Indiana State Department of Health and obtain, comply with, and maintain any required license from the Marion County Public Health Department.

2.

Nursing homes in Dwelling Districts shall be designed to be residential in character.

3.

Nursing homes shall be designed with appropriate access and maneuverability for emergency vehicles.

K.

Transitional living quarters. When indicated as requiring a special exception in Table 743-1: Use Table, this use shall only be permitted after approval of a special exception by the Board of Zoning Appeals in accordance with Section 740-705, and upon the Board's determination that:

1.

The facility will be in harmony with the character of the surrounding neighborhood, and use materials that are aesthetically compatible with the surrounding neighborhood.

(G.O. 64, 2015, § 2; G.O. 37, 2018, § 8)

A.

Club or lodge. In the C-1 and C-3 Districts, vehicle-related clubs or groups that gather members on site for activities and meetings shall be prohibited.

B.

Community center. When indicated as requiring a special exception in Table 743-1: Use Table, this use shall only be permitted after approval of a special exception by the Board of Zoning Appeals in accordance with Section 740-705, and upon the Board's determination that:

1.

The design of the facility will be in harmony with the character of the surrounding neighborhood, using materials that are aesthetically compatible with the surrounding neighborhood.

2.

Adequate parking facilities will be provided and the scale and location of the vehicle areas and service areas are located and designed in harmony with the surrounding residential uses.

3.

The location, size, and features of any outdoor recreational areas will be compatible with the surrounding neighborhood and any lighting or noise will not negatively impact the surrounding neighborhood.

C.

Day care center or nursery school. When indicated as requiring a special exception in Table 743-1: Use Table, this use shall only be permitted after approval of a special exception by the Board of Zoning Appeals in accordance with Section 740-705, and upon the Board's determination that:

1.

The design of the facility will be in harmony with the character of the surrounding neighborhood, using materials that are aesthetically compatible with the surrounding neighborhood.

2.

Adequate parking, loading, and drop-off facilities will be provided and the scale and location of these areas are in harmony with the surrounding residential uses.

D.

Museum, library, or art gallery.

1.

In the MU-1, and MU-4 Districts, this use is limited to 12,000 square feet of gross floor area.

2.

In the MU-2 and MU-3 Districts, this use is limited to 15,000 square feet of gross floor area.

E.

Greenway. Greenways must be constructed in accordance with the Indy Greenways Full Circle 2014-2024 Master Plan.

F.

Public safety facility or post office. In the MU-3 and MU-4 Districts, police stations shall not include police stations where more than five police vehicles are parked regularly.

G.

Religious uses.

1.

When indicated as requiring a special exception in Table 743-1: Use Table, this use shall only be permitted after approval of a special exception by the Board of Zoning Appeals in accordance with Section 740-705, and upon the Board's determination that:

a.

Any adverse impact on the public health, safety, morals or general welfare caused by the grant does not outweigh the restriction on the petitioner's right to religious worship and peaceful assembly.

b.

The grant will not materially and substantially interfere with the lawful use and enjoyment of adjoining property.

2.

If applicable, a request for modification of development standards may also be filed indicating any development standard of the applicable District to be modified in connection with the grant of a special exception.

a.

The Board, in connection with the granting of any special exception, may modify any development standard of the applicable District, if requested by the landowner petitioner, but the Board need not modify any development standard if it finds that the benefit to the public health, safety or general welfare derived from such development standard outweighs any restriction on the right of freedom of worship and peaceful assembly caused by such development standard.

b.

The Board may impose reasonable restrictions or conditions in connection with the grant of any special exception, including restrictions and conditions that are more restrictive than the applicable development standards, if the Board finds that such restrictions or conditions benefit the public health, safety or general welfare, and such benefit outweighs any restriction on the right of freedom of worship and peaceful assembly caused by the imposition of such restrictions or conditions.

3.

In the MU-3 and MU-4 Districts, the total non-worship space shall not be more than 50% of the total worship space.

H.

Methadone clinic or treatment facility. Notwithstanding the provisions of the Use Table, this use shall only be permitted after approval of a special exception by the Board of Zoning Appeals in accordance with Section 740-705, and shall not be located within 500 feet (See Section 740-308 and Section 743-301) of the following;

1.

Dwelling Districts;

2.

HP-1 District;

3.

PK-1 District;

4.

University Quarter Districts;

5.

SU-1 District (Church);

6.

SU-2 District (School);

7.

SU-37 District (Library);

8.

SU-38 District (Community Center); or

9.

A lot or parcel containing an elementary school, junior high school or high school, as defined in IC 20-10.1-1, regardless of zoning classification. If the elementary, junior high or high school use is included within an integrated center, the perimeter of the part of the lot, parcel, or building occupied by the elementary, junior high, or high school use shall be deemed the perimeter of the lot for purposes of the 500-foot spacing requirement.

I.

Substance Abuse Treatment Facility. In the C-4, C-5, and C-7 Districts, substance abuse treatment facilities shall not be located within 500 feet, measured in any direction, of any Protected District or any indoor recreation and entertainment establishment that caters to, or markets itself predominantly to, persons under 21 years of age. (See Section 740-308 and Section 743-301)

(G.O. 64, 2015, § 2)

A.

Agricultural uses, buildings, and structures.

1.

An inherent characteristic of this use is the outside operations, such as plowing, harvesting, storage of equipment, and is considered a primary facet of the use; therefore the buildings and structures, such as barns and silos, are not considered as accessory outdoor storage and operation, but rather part of the primary activity.

2.

All area devoted to the concentration of cattle, swine or poultry shall be a minimum of 500 feet from any dwelling unit located on a lot of less than three acres, other than the principal homestead. (See Section 743-301 and Section 740-308)

3.

This use does not include any operation meeting the definition of a confined feeding operation or concentrated animal feeding operations as defined under IC Title 13 Article 11.

B.

Animal care, boarding, veterinarian services.

1.

Care of large animals is only permitted in the D-A, C-7, I-1, and I-2 Districts.

2.

Outdoor runs and kennels are only permitted in the D-A, C-4, C-5, C-7, I-1, and I-2 Districts.

3.

No portion of an outdoor animal exercise or boarding area shall be located within 100 feet of any Dwelling District other than the D-A District. (See Section 743-301 and Section 740-308)

4.

In the D-A District, any area devoted to the concentration of cattle, hogs or poultry shall be a minimum of 500 feet from any dwelling unit that is located on a lot of less than three acres, other than the principal homestead. (See Section 743-301 and Section 740-308)

5.

Kennels, pet shops, and commercial stables must obtain, comply with and maintain a license as prescribed under Chapter 836 of the Revised Code of the Consolidated City and County.

C.

Artisan food and beverage.

1.

In the MU Districts, this use shall not exceed 10,000 square feet of gross floor area.

2.

Retail sales of food and beverages produced on-site shall be permitted as an accessory use.

D.

Farmers' market.

1.

Food, food products, arts, and crafts prepared on or off-site may be offered or sold. However, at least 75% of the vendors must exclusively offer or sell goods in which the good's principle production, ingredients or components are created or grown within Indiana.

2.

The Farmers' Market may operate no more than three days in a one week period (Monday through Sunday).

3.

If the Farmer's Market is conducted in a parking lot, it may not occupy more than 25% of the parking required by the other uses on the site. Further, an agreement with the property owner must be provided that existing parking may be used by Farmers' Market vendors and patrons during the hours the Farmers' Market is in operation.

E.

Garden as a primary use.

1.

The maximum size is three contiguous acres. Larger primary uses are classified as an agricultural use.

2.

Personal beekeeping is permitted in accordance with the use-specific standards identified under personal garden. Keeping of other livestock or animals is prohibited.

3.

If any boundary of the garden as a primary use is adjacent to, or across the street or alley from, a Dwelling District, the garden must be registered with the city as an urban garden, or the perimeter of the garden site must be enclosed by a fence at least 36 inches in height, with at least 50% transparency, and in accordance with the fence standards applicable to the Dwelling District.

4.

Garden structures, such as greenhouses, hoop houses, storage sheds, gazebos, shelters, cold frames, are limited to a maximum height of 15 feet and shall meet the setback requirements of the District. However, the area for compost, refuse, equipment and facilities shall also be setback at least 20 feet from the front lot line.

5.

In the Dwelling Districts, the size of all enclosed storage buildings and facilities shall be limited to 600 square feet and not on a permanent foundation. However, the size of structures housing cultivated plant materials, such as greenhouses and hoop houses, shall be limited by the open space and setback requirements of the District.

6.

Composting shall be located or designed and constructed to prevent the composting material and compost from sitting in ponded surface water. Area for compost must be enclosed solid at ground level for at least six inches above grade level and completely around the base or composting conducted in-vessel. Refuse must be removed from the site at least once a week.

7.

Operation of power equipment or generators may occur between sunrise, but no earlier than 7:00 a.m., and sunset, but no later than 10:00 p.m.

8.

Herbicides, pesticides, fertilizer or other chemicals shall not be kept outside and shall be locked when not in use. The site drainage and maintenance must prevent water, herbicides, pesticides, or fertilizer from draining onto adjacent property or into a right-of-way.

9.

Sales of products grown on the site is permitted on the site, provided that any structure used for sales is no larger than 100 square feet, not on a permanent foundation and is not located in a required yard area.

10.

Food products may be grown in soil native to the site if:

a.

A composite sample of the native soil, consisting of no less than five individual samples, has been tested for lead content and the lead content in the soil is determined to be at or below the Indiana direct-contact standards for lead; and either:

1.

The city determines through maps, deeds, prior permits or a combination of those sources that the site has only been put to residential or agricultural use in the past; or

2.

A composite sample of the soil native to the site, consisting of no less than five individual samples, has been tested for metal content using the US EPA 3050B, 3051, or a comparable method and that (i) the metals arsenic, cadmium, mercury, molybdenum, Nickel, selenium, and zinc are determined to be at or below the thresholds listed in the tables in number 11. below, as amended, food products may only be grown in raised beds filled with clean top soils.

b.

As an alternative to meeting the standards in subsection a.1. or a.2. above, food products may be grown in clean soil six inches deep brought to the site without completing a soil test of the native soil.

11.

Soil testing requirements. Clean soil is soil that has less than 200ppm of lead content. At least five samples of the native soil from the proposed planting area shall be tested for lead content and heavy metals. If the site has been determined through maps, aerial photography, deeds, prior permits or a combination of those sources that it has only been used for residential or agricultural purposes in the past, the gardening activities indicated in Table 743-304-1: Lead Limits may be conducted based upon the lead content test results.

If the site has been determined through maps, aerial photography, deeds, prior permits or a combination of those sources that it has been used for purposes other than residential or agricultural in the past, soil shall be tested for metal content using the US EPA 3050B, 3051, or a comparable method. Food production may be conducted if the test results for the following chemicals are below the levels identified in the following Table 743-304-2: Chemical Limits.

(G.O. 64, 2015, § 2; G.O. 53, 2017, § 2; G.O. 37, 2018, § 8)

A.

Adult entertainment business

1.

Purpose. It is the purpose of this Section 743-305.A. to regulate adult entertainment businesses and related activities, to promote the health, safety, morals, and general welfare of the citizens of Marion County, and to establish reasonable and uniform provisions to prevent the deleterious effects of adult entertainment businesses within Marion County. The provisions of this Section 743-305.A. have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent or effect of this Section 743-305.A. to restrict or deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. It is not the intent or effect of this Section 743-305.A. to condone or legitimize the distribution of obscene materials. It is not the intent or effect of this Section 743-305.A. to limit or restrict the lawful activities permitted under IC 7.1.

2.

Findings. Based on evidence concerning the adverse secondary effects of adult entertainment businesses on the community presented in hearing(s) and in reports made available to the City-County Council, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S.41 (1986), Young v. American Mini Theatres, 426 U.S.50 (1976), Barnes v. Glen Theatre, Inc., 501 U.S.560 (1991), Arcara v. Cloud Books, Inc., 478 U.S.697 (1986), California v. LaRue, 409 U.S.109 (1972), Iacobucci v. City of Newport, KY, 479 U.S.92 (1986), United States v. O'Brien, 391 U.S.367 (1968), City of Erie v. Pap's A.M., 120 S.Ct. 1382 (2000), City of Los Angeles v. Alameda Books, Inc., 122 S.Ct. 1728 (2002), Broadway Books, Inc. v. Roberts, 642 F. Supp. 486 (E.D. Tenn. 1986), DLS, Inc. v. City of Chattanooga, 107F.3d403 (6th Cir. 1997), Pleasureland Museum, Inc. v. Beutter, 2002 WL 818791 (7th Cir. 2002), Kev, Inc. v. Kitsap County, 793F.2d1053 (9th Cir. 1986), Hang On, Inc. v. City of Arlington, 65F.2d1248 (5th Cir. 1995), South Florida Free Beaches, Inc. v. City of Miami, 734F.2d608 (11th Cir. 1984), and Mitchell et al v. Commission on Adult Entertainment Establishments of the State of Delaware et al, 10F.3d123 (3rd Cir. 1993), Ellwest Stereo Theatre, Inc. v. Boner, 718 F. Supp. 1553 (M.D. Tenn. 1989), City of Lincoln Nebraska v. ABC Books, Inc., 470 N.W. 2d 760 (Neb. 1991), Berg v. Health & Hosp. Corp. of Marion County, 865 F.2d 797 (7th Cir. 1989), Shultz v. Cumberland, 228 F.3d 831 (7th Cir. 2000), as well as studies conducted in communities including, but not limited to Indianapolis, Indiana; Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; and Beaumont, Texas; findings reported in the Final Report of the Attorney General's Commission on Pornography (1986), the Report of the Attorney General's Working Group On the Regulation of Sexually Oriented Businesses (June 6, 1989, State of Minnesota); and statistics of the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, the City-County Council finds:

a.

Adult entertainment businesses lend themselves to ancillary unlawful and unhealthy activities that are presently insufficiently controlled by the operators of the establishments.

b.

Crime statistics show that all types of crimes, especially sex-related crimes, occur with more frequency in neighborhoods where adult entertainment businesses are located.

c.

Sexual acts, including masturbation, oral sex and anal sex, occur at adult entertainment businesses, especially those that provide booths or cubicles for viewing films, videos, or live sex shows.

d.

Acts of prostitution commonly occur at adult entertainment businesses.

e.

Persons frequent certain adult theaters and other adult entertainment businesses for the purpose of engaging in sex within the premises.

f.

At least 50 communicable diseases may be spread by activities that occur in adult entertainment businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, salmonella infections and shigella infections.

g.

Prostitution, sexual assaults and other criminal activity occur at adult entertainment businesses.

h.

Prostitution is connected to the spread of sexually transmitted diseases.

i.

Adult entertainment businesses have operational characteristics that should be reasonably regulated in order to protect those substantial governmental concerns.

j.

The general welfare, health, morals and safety of the citizens of the city will be promoted by the enactment of this chapter.

3.

Prohibitions.

a.

The establishment, enlargement, reconstruction, resumption or structural alteration of any adult entertainment business is prohibited if such business is within 500 feet of another such business or within 500 feet of any existing church, Church Zoning District, public, private or parochial school for kindergarten through twelfth grade, School Zoning District, park, Park Zoning District, locally designated historic preservation area established by, and under the jurisdiction of the Indianapolis Historic Preservation Commission or the Meridian Street Preservation Commission, day care center, day care home or any existing Dwelling Zoning District within Marion County, Indiana. (See Section 743-301)

b.

No adult entertainment business shall be established, enlarged, reconstructed, resumed or structurally altered unless the site or proposed site is located in a C-4 (Community-Regional Commercial) Zoning District, C-5 (General Commercial) Zoning District, or C-7 (High Intensity Commercial) Zoning District.

c.

No adult entertainment business shall be established, enlarged, reconstructed, resumed or structurally altered in a C-4 (Community-Regional Commercial) Zoning District unless the site or proposed site is located within an integrated center.

4.

Measurement of distances. The distance between one adult entertainment business and another adult entertainment business shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior structural wall of each such business. The distance between an adult entertainment business and any church, Church Zoning District, public, private or parochial school for kindergarten through twelfth grade, School Zoning District, park, Park Zoning District, locally designated historic preservation area established by, and under the jurisdiction of, the Indianapolis Historic Preservation Commission, day care center, day care home or Dwelling Zoning District shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior structural wall of the adult entertainment business to the nearest property line of the church, Church Zoning District, public, private or parochial school for kindergarten through 12th grade, School Zoning District, park, Park Zoning District, locally designated historic preservation area established by, and under the jurisdiction of, the Indianapolis Historic Preservation Commission, day care center, day care home or Dwelling Zoning District. If an adult entertainment business is part of or included within an integrated center, only the portion of such center or leased space occupied by such adult entertainment business shall be included in determining the closest exterior structural wall of such establishment.

5.

Exterior display.

a.

No adult entertainment establishment shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas by display, decorations, sign, show window or other opening from any public view.

b.

Number of signs. Not more than one business wall sign shall be permitted for an adult entertainment business and such sign shall be permitted only on the front facade. In addition to the one permitted business wall sign, an adult entertainment business not located within an integrated center shall be permitted not more than one pole or ground sign structure if it is an entity of commercial development held in either private ownership or long-term lease, and that meets all of the requirements of the Zoning District in which it is located. Such requirements shall include direct access to a public street from that property and a full amount of required parking on the site with the use. All other sign structures are prohibited.

c.

Sign surface area. The sign surface areas of a business wall sign for an adult entertainment business shall not exceed an amount equal to 5% of the front building facade of the first floor elevation (first 10 feet) of the premises occupied by the adult entertainment business, or 100 square feet, whichever is the lesser. The maximum sign surface area of a ground or pole sign structure, where permitted, shall not exceed one square foot for each lineal foot of frontage of the lot, or 36 square feet, whichever is the lesser.

d.

Lighting. Signs and sign structures may be illuminated, provided, however, such illumination shall not be by way of exposed neon, exterior lighting (e.g., spot or floodlights), or any flashing or animated lights (either interior to the sign, on the exterior of the sign, or as a border to the sign).

6.

Parking. Parking for an adult entertainment business shall be provided on the site with the use. There shall be at least one parking space for each 285 square feet of floor area or one parking space for every two seats of seating capacity, whichever standard results in the higher requirement.

7.

Continuation of nonconforming use. The lawful use of land or buildings existing at the time of the adoption of this Section 743-305.A. may continue although such use does not conform to the regulations specified in this section, subject to the provisions set forth in this Section 743-305.A.

B.

Adult entertainment business, retail. See adult entertainment business use-specific standards.

C.

Artisan manufacturing.

1.

In the MU and CBD Districts, this use shall not exceed 8,000 total square feet.

2.

Retail sales of goods manufactured on-site shall be permitted as an accessory use.

D.

Automobile and light vehicle wash.

1.

In the Regional Center and North Meridian Street Corridor District, this use of any type, such as, completely indoors wash, self-service wash, automatic or semi-automatic wash, shall not be permitted on any lot with frontage on Meridian Street, Washington Street, Market Street, or located on any lot within the Mile Square.

2.

No drying, cleaning, polishing, dispensing of fuel, or other comparable operation shall be conducted within any required yard or required transitional yard.

3.

The use shall not be located within 100 feet, measured in any direction, of a Protected District. (See Section 743-301 and Section 740-308)

4.

The exit drive as measured from the vehicle exit of the washing mechanism or activity to the pavement edge of the street shall be a minimum of 100 feet in length.

5.

The surface and drainage treatment at the exit drive shall be designed so that no water accumulates on the surface or flows onto the public right-of-way as a result of the vehicle wash operations.

E.

Automobile fueling station.

1.

In the Regional Center and North Meridian Street Corridor District, automobile fueling stations are prohibited on any lot with frontage on Meridian Street, Market Street, Pennsylvania Street, Washington Street, or on any lot located within the Mile Square.

2.

The sale of convenience food items, incidental automobile supplies or accessories may be provided as an accessory use to an automobile fueling station.

3.

Exterior display and sale may be permitted in accordance with the limitations and standards of Section 743-306.P. Outdoor Display and Sales.

4.

Outdoor waste and recycling receptacles for customer use shall be provided, conveniently located, regularly serviced, and maintained.

5.

Automobile fueling stations are prohibited within ½-mile of a Transit Station (See Section 743-301).

6.

After the first day of the month that is six months after the date of adoption, new automobile fueling stations shall have the primary cash register area located so there is an unobstructed view between an area along the property frontage and any attendant at the cash register area.

7.

Storage of compressed natural gas or associated CNG facilities shall not be located within 100 feet of an occupied dwelling unit on the same side of the street.

8.

In the C-4 District, automobile fueling stations shall not include the following:

a.

Any outdoor service operations (other than the dispensing or installation of gasoline, oil, antifreeze, headlights, wiper blades and other similar products and the performance of minor services for customers as related to such dispensing or installation);

b.

The sale, rental, display or storage of vehicles, trailers, tractors, machinery or other similar equipment;

c.

Commercial parking of vehicles;

d.

Major servicing or motor or body repair such as, but not limited to, body or fender work, motor overhaul, major transmission repair, auto glass work, tire recapping, muffler repair or installation, auto body painting or trim shops; or

e.

Dismantling or wrecking of any vehicles, or the storage of inoperable, damaged or wrecked vehicles, other than those awaiting immediate repair.

9.

There shall be no exterior displays that restrict traffic visibility in any way or that impede the movement of any vehicles on the station or center driveways or public rights-of-way, or located in or in any way conflicting or interfering with walks, off-street parking areas or required landscaping yards. All exterior displays shall be maintained in an orderly manner.

10.

When indicated as requiring a special exception in Table 743-1: Use Table, this use shall only be permitted after approval of a special exception by the Board of Zoning Appeals in accordance with Section 740-705, and upon the Board's determination that:

a.

The facility will not detract from the pedestrian experience and walkability of the area.

b.

The facility is efficiently designed and appropriately-sized so as not to inhibit or detract from the long-term purpose of the District in which it is located.

c.

The facility maximizes crime prevention techniques and security measures to ensure safety of employees, customers, and neighbors.

F.

Automobile, motorcycle, and light vehicle sales or rental. In the Regional Center and North Meridian Street Corridor District, vehicle sales (new or used) are prohibited on any lot with frontage on Meridian Street, Pennsylvania Street, Washington Street, Market Street, or on any lot located within the Mile Square. And further, used vehicle sales are prohibited within the Regional Center or North Meridian Street Corridor except as an accessory use to new vehicle sales.

G.

Automobile, motorcycle, and light vehicle service or repair.

1.

All servicing, motor repair, or body repair shall be conducted within an enclosed building.

2.

In the Regional Center and North Meridian Street Corridor District, vehicle service or repair is prohibited on any lot with frontage on Meridian Street, Pennsylvania Street, Washington Street, Market Street, or on any lot located within the Mile Square.

H.

Bar or tavern.

1.

The use shall not be located within 100 feet, measured in any direction, of a Protected District. (See Section 743-301 and Section 740-308.)

2.

The use shall not be located within 500 feet, measured in any direction, of any indoor recreation and entertainment establishment that caters to, or markets itself predominantly to, persons under 21-years of age. (See Section 743-301 and Section 740-308.)

3.

The facility shall include a camera mounted inside the facility to view pedestrian entry-exit doors, the camera shall make recordings of pedestrian entry/exit during hours when the facility is open for business due to the high incidence of gun violence in these uses, and the operator shall be required to maintain recordings from the camera for a period of 48 hours after recording.

I.

Bed and Breakfast.

1.

The owner of the Bed and Breakfast shall reside on site as their permanent residence.

2.

The use shall be located in a primary building with at least 1,500 sq. ft. of gross floor area.

3.

The use shall have no more than six bedrooms.

4.

Guest stays shall be limited to a maximum of ten consecutive days.

5.

If located in a dwelling district:

a.

The use shall outwardly appear to be residential in character, giving no appearance of a business use other than allowed signs.

b.

In addition to resident guests, only guests of resident guests shall be permitted to dine in a bed and breakfast; or guests participating in meetings or other private events hosted by the facility when other overnight guests are not present, not to exceed the approved design capacity of the facility.

6.

When indicated as requiring a Special Exception in Table 743-1: Use Table, this use shall be subject to an approved plan of operation and site plan, and only be permitted after approval of a Special Exception by the Board of Zoning Appeals in accordance with Section 740-705, and upon the Board's determination that:

a.

The facility will be in harmony with the character of the surrounding neighborhood, in terms of siding and roofing materials that are aesthetically compatible, and building placement, entrance location, vehicle and service areas design that are comparable and compatible with the surrounding neighborhood.

J.

Bulk storage of commercial or industrial liquids.

1.

The use is not permitted in a Wellfield Protection District or Flood Control Zoning District.

2.

The use shall not be located within 1,000 feet of any Protected District. (See Section 743-301 and Section 740-308.)

K.

Check cashing or validation service.

1.

This use is not permitted within the Regional Center and North Meridian Street Corridor District, except as a part of an integrated commercial center with a gross floor area of 10,000 square feet or more.

2.

This use is not permitted within 500 feet from any Protected District. (See Section 743-301 and Section 740-308.)

3.

This use is not permitted within 500 feet of any other check cashing or validation service. (See Section 743-301 and Section 740-308.)

4.

After the first day of the month that is six months after the date of adoption, new uses shall have the primary cash register area located so there is an unobstructed view between an area along the property frontage and any attendant at the cash register area.

L.

Commercial and building contractors.

1.

When indicated as requiring a special exception in Table 743-1: Use Table, this use shall be subject to an approved plan of operation and site plan, and only be permitted after approval of a special exception by the Board of Zoning Appeals in accordance with Section 740-705.

M.

Consumer services or repair of consumer goods.

1.

Consumer services or repair of consumer goods shall be limited to a maximum of 8,000 gross square feet in the MU-1, MU-2, MU-3, MU-4, CBD-1, CBD-2 and CBD-3 Districts.

2.

Outdoor storage or outdoor display associated with this use is prohibited.

N.

Dry cleaning plant or industrial laundry. This use is not permitted in a Wellfield Protection District or Flood Control Zoning District.

O.

Eating establishment or food preparation.

1.

Drive-through facilities are only permitted in the C-3, C-4, C-5, C-7, and MU-1 Districts and must meet the requirements of Section 744-406.

2.

Establishments that are permitted as accessory only must be within the same building as the primary use.

P.

Fireworks sales, on-going. This use must comply with all applicable requirements of the Indiana Department of Homeland Security in I.C. 22-11.14.

Q.

Fleet terminals.

1.

Fleet terminals shall be no larger than 10 acres in total area, except in the I-4 Districts.

2.

The parking of trucks or trailers shall not be defined or construed as outdoor storage in computing permitted outdoor storage and operations.

R.

Grocery store.

1.

In the MU-1, MU-2, MU-3, MU-4, CBD-1, CBD-2, and CBD-3 Districts, no single grocery store shall exceed 50,000 square feet of gross floor area. This standard only applies to the portion of the building used as a grocery store, not the total square footage of the building itself.

2.

An accessory grocery store shall be within a building that contains a permitted primary use.

3.

In the D-9, D-10 and C-1 Districts, an accessory grocery store shall not exceed the ground-floor square footage of the primary building containing the use.

S.

Heavy outdoor storage.

1.

This activity is not permitted in a Wellfield Protection District or Flood Control Zoning District.

2.

When indicated as requiring a special exception in Table 743-1: Use Table, this use shall only be permitted after approval of a special exception by the Board of Zoning Appeals in accordance with Section 740-705.

T.

Heliport or helistop.

1.

Minimum heliport or helistop size shall be 200 feet by 400 feet.

2.

No heliport or helistop shall be located within 200 feet of a Protected District. (See Section 743-301 and Section 740-308.)

3.

A clear zone (which no structures shall penetrate) shall be provided. The clear zone shall be described by a projected imaginary surface, the base of which encompasses the landing area, extends upward and outward at a slope equal to one foot of vertical elevation to eight feet of horizontal distance, and extends to a vertical projection of the heliport boundary.

4.

A clean landing surface shall be provided free of dust, loose gravel, and debris that may be blown about by the downwash of the helicopter's rotors.

5.

The landing area shall be well drained.

6.

If a roof top is used as a landing area, it shall be located on a building not more than four stories or 50 feet in height, whichever is the lesser, and the same obstruction clearance as required under paragraph 3. above shall apply.

7.

The minimum setbacks applicable to the Zoning District shall apply to all structures and the landing area associated with such heliport.

8.

A fence or other suitable barrier, not less than three feet in height, shall be erected at least 75 feet from all landing surfaces.

U.

Indoor recreation and entertainment.

1.

Billiard parlors and ice or roller skating rinks are prohibited in the Regional Center and North Meridian Street Corridor District on any lot with frontage on Meridian Street.

2.

All indoor recreation and entertainment establishments that cater to, or markets itself predominantly to, persons under 21 years of age shall not be located within 500 feet of any substance abuse treatment facility, bar or tavern, liquor store, night club establishment, or such establishment where alcoholic beverages may be carried out (except drug stores or grocery stores). (See Section 743-301 and Section 740-308.)

3.

All indoor recreation and entertainment establishments that cater to, or markets itself predominantly to, persons under 21 years of age shall not utilize the Permitted Where Vacant ("V") option pursuant to Table 743-1: Use Table until a Dance Hall license for the property has been obtained in accordance with Chapter 881 of the Revised Code for the Consolidated City and County.

4.

In the C-1 and C-3 Districts, any indoor recreation and entertainment establishment that includes live entertainment as an accessory use shall not permit the amplification of music.

5.

Sound associated with any indoor recreation and entertainment establishment shall not be audible outside of the building in which the activity is occurring.

V.

Indoor spectator venue.

1.

In the MU-1, and MU-4 Districts, this use is limited to a maximum design capacity of 2,500 persons.

2.

In the MU-2, and MU-3 Districts, this use is limited to a maximum design capacity of 5,000 persons.

W.

Liquor store.

1.

The use shall not be located within 100 feet, measured in any direction, of a Protected District. (See Section 743-301 and Section 740-308.)

2.

The use shall not be located within 500 feet, measured in any direction, of any indoor recreation and entertainment establishment that caters to, or markets itself predominantly to, persons under 21 years of age. (See Section 743-301 and Section 740-308.)

3.

Liquor stores, except as a part of an integrated commercial center that exceeds a gross floor area of 10,000 square feet, are prohibited within the Regional Center and North Meridian Street Corridor District.

4.

Outdoor waste and recycling receptacles shall be provided, conveniently located, regularly serviced and maintained.

5.

The use may not include a drive-through or walk-up window.

6.

After the first day of the month that is six months after the date of adoption, new uses shall have the primary cash register area located so there is an unobstructed view between an area along the property frontage and any attendant at the cash register area.

7.

The facility shall include a camera mounted inside the facility to view pedestrian entry-exit doors, the camera shall make recordings of pedestrian entry/exit during hours when the facility is open for business, and the operator shall be required to maintain recordings from the camera for a period of 48 hours after recording.

X.

Manufacturing, hazardous materials or objectionable substances.

1.

Storage, utilization, or manufacture of explosives may be permitted in any Industrial District only upon the approval of a special exception in accordance with Section 740-705, provided all development standards and performance standards of such District shall be met.

2.

Explosives shall not be stored, utilized, or manufactured within 500 feet of a Protected District or Commercial District Boundary, measured from the building in which the explosives are located. (See Section 743-301 and Section 740-308.)

3.

This use shall not be located in a Wellfield Protection Zoning District.

Y.

Mini-warehouses (self-storage facility).

1.

All storage shall be within enclosed buildings except in the C-7, I-3 and I-4 Districts.

2.

Security fencing shall not include razor wire or barbed wire within 10 feet of a front lot line or transitional yard.

3.

Doors to individual storage units shall not face any abutting street frontage, or, if the site is located on a corner parcel, shall not face the primary street frontage.

4.

A landscaped or naturally vegetated buffer at least 50 feet in width shall be provided along any lot line that abuts a Protected District.

5.

Exterior access to any storage units within 100 feet, measured in any direction, of any Dwelling District shall be limited to the period between 6:00 a.m. and 10:00 p.m. (See Section 743-301 and Section 740-308.)

Z.

Motor sports industry. In the C-7, I-1, and I-2 Districts, engine testing is prohibited within 2,000 feet of any Protected District.

AA.

Night club or cabaret.

1.

The use shall not be located within 100 feet, measured in any direction, of a Protected District. (See Section 743-301 and Section 740-308.)

2.

The use shall not be located within 500 feet, measured in any direction, of any indoor recreation and entertainment establishment that caters to, or markets itself predominantly to, persons under 21 years of age. (See Section 743-301 and Section 740-308.)

BB.

Outdoor advertising off-premise sign. This use shall comply with Chapter 744, Article IX Signs.

CC.

Parking lot, commercial.

1.

Access from Monument Circle is prohibited.

2.

Notwithstanding Table 743-1: Use Table, off-street parking facilities obtaining access from any street within the CBD-1 District shall only be permitted upon the approval of a special exception by the Board of Zoning Appeals in accordance with 740-705 and upon the Board's determination that:

a.

The parking facility and the location of entrances and exits will not unduly inhibit traffic; and

b.

The parking facility and the location of entrances and exits will not hinder or compromise the pedestrian traffic or walkability.

3.

This use may be limited by restrictions in the Regional Center and North Meridian Street Corridor District (See Section 742-202) and Chapter 931 of the Revised Code of the Consolidated City and County.

4.

Parking lots, commercial shall be limited to a maximum of two acres.

DD.

Parking garage, commercial.

1.

Access from Monument Circle is prohibited.

2.

Notwithstanding Table 743-1: Use Table, off-street parking facilities obtaining access from any street within the CBD-1 District shall only be permitted upon the approval of a special exception by the Board of Zoning Appeals in accordance with Section 740-705 and upon the Board's determination that:

a.

The parking facility and the location of entrances and exits will not unduly inhibit traffic; and

b.

The parking facility and the location of entrances and exits will not hinder or compromise the pedestrian traffic or walkability.

3.

This use may be limited by restrictions in the Regional Center and North Meridian Street Corridor District (See Section 742-202) and Chapter 931 of the Revised Code of the Consolidated City and County.

EE.

Pawn shop.

1.

In the Regional Center and North Meridian Street Corridor District, pawn shops are prohibited.

2.

After the first day of the month that is six months after the date of adoption, new uses shall have the primary cash register area located so there is an unobstructed view between an area along the property frontage and any attendant at the cash register area.

3.

When indicated as requiring a special exception in Table 743-1: Use Table, this use shall only be permitted after approval of a special exception by the Board of Zoning Appeals in accordance with Section 740-705.

FF.

Power generating facility, local.

1.

All primary use aboveground facilities and equipment that are not fully enclosed within a building shall be located at least 100 feet, measured in any direction, from any Dwelling District. (See Section 743-301)

2.

Any accessory use aboveground facilities or equipment that are not fully enclosed within a building and are located within 100 feet, measured in any direction, of a Dwelling District, a vegetated buffer at least 25 feet in width, measured from and paralleling the lot line, shall be provided along such lot line.

3.

In Commercial Districts, all facilities shall be subject to the height regulations applicable in the District.

4.

In the Industrial Districts, wind generation facilities may exceed the maximum height applicable in the District by up to 30 feet.

GG.

Printing services. This use is not permitted within a Wellfield Protection District or Flood Control Zoning District.

HH.

Recycling station.

1.

Facilities that accept hazardous materials or objectionable substances are not permitted within a Wellfield Protection District or Flood Control Zoning District.

2.

Recycling collection or exchange centers or facilities shall be attended during operating hours.

3.

This use may include kiosks or bin-type collection facilities as an accessory use.

4.

Materials, such as aluminum cans, plastics, paper products, tin and metal cans, glass containers household scrap and minor automobile parts made of aluminum, brass, copper, or steel may be collected. All materials collected for delivery to the center or facility shall be in amounts that allow delivery by vehicles having a gross vehicle weight rating of 14,000 pounds or less (i.e. light duty pickup or passenger automobile). All deliveries that necessitate the use of vehicles in excess of this size shall be required to deliver the recyclable materials to a recycling facility.

5.

This use may include the crushing or compacting of aluminum recyclable materials, such as cans, in order to facilitate their handling and transport, provided that in C-4 and C-5 Districts all crushing or compacting takes places indoors. This processing step shall be an incidental aspect of the center.

6.

A sign shall be posted indicating that hazardous materials or objectionable substances shall not be left after hours or at any time an attendant is not present.

7.

This use may require a license per Section 951-402 of the Revised Code of the Consolidated City and County.

II.

Retail, light general.

1.

In the MU-1, MU-3, and MU-4 Districts, no single light general retail use shall exceed 15,000 square feet. This standard only applies to the portion of the building used for that retail establishment, not the total square footage of the building itself.

2.

In the MU-2 District, no single light general retail use shall exceed 8,000 square feet. This standard only applies to the portion of the building used for that retail establishment, not the total square footage of the building itself.

3.

An accessory retail use shall be within a building that contains a permitted primary use.

4.

In the D-9, D-10 and C-1 Districts, an accessory retail use shall not exceed the ground-floor square footage of the primary building containing the use.

JJ.

Retail, heavy general.

1.

In the CBD-1 and CBD-2 Districts, no single use shall exceed 25,000 square feet of gross floor area. This standard only applies to the portion of the building used for retail, not the total square footage of the building itself.

2.

In the C-4, CBD-1, and CBD-2 Districts, outdoor retail, including sales of model homes, garages, outbuildings, gravestones, and monuments are prohibited.

3.

Outdoor flea markets are only permitted in C-5 and C-7 Zoning Districts.

KK.

Substations and utility distribution nodes.

1.

High-tension power transmission lines shall only be permitted in Industrial Districts or in SU-43 District for power transmission lines.

2.

After the first day of the month that is six months after the date of adoption, new uses shall include motion-activated lighting that complies with Chapter 744, Article VI Street and Exterior Lighting.

3.

After the first day of the month that is six months after the date of adoption, new uses shall comply with landscaping and buffering standards applicable to freestanding wireless communication facilities.

LL.

Tattoo parlor.

1.

In the C-4, C-5 and C-7 Districts, the use shall not be permitted within 1,000 feet of any Protected District (See Section 743-301 and Section 740-308).

2.

This use shall be permitted in the C-3, MU-3, and MU-4 Districts only upon approval of a special exception by the Board of Zoning Appeals in accordance with Section 740-705, and shall not be located within 500 feet of the following (See Section 743-301 and Section 740-308):

a.

Dwelling Districts;

b.

Historic Preservation Districts;

c.

PK-1 Park District;

d.

University Quarter Districts;

e.

SU-1 District (Church);

f.

SU-2 District (School);

g.

SU-37 District (Library);

h.

SU-38 District (Community Center); or

i.

All portions of the perimeter of a lot containing an elementary school, junior high school or high school, as defined in IC 20-10.1-1, regardless of zoning classification.

MM.

Truck stop. The parking of trucks or trailers shall not be defined or construed as outdoor storage in computing permitted outdoor storage and operations.

1.

Truck stops shall not be permitted within 500 feet of a Protected District as defined by this ordinance.

NN.

Warehousing, wholesaling, and distribution.

1.

Any operations, servicing or processing (except storage and off-street loading) shall be conducted within completely enclosed buildings except in the I-2, I-3, and I-4 Districts.

2.

In the I-2 and I-3 Districts, all operations, servicing or processing located within 500 feet of a Protected District Boundary (except storage and off-street loading) shall be conducted within completely enclosed buildings. (See Section 743-301 and Section 740-308.)

OO.

Waste or recycling transfer facility.

1.

The use is not permitted in a Wellfield Protection District or Flood Control Zoning District.

2.

Outdoor waste or recycling transfer facilities are only permitted in the I-3 and I-4 Districts.

3.

In the I-4 Districts, the parking of trucks or trailers shall not be defined or construed as outdoor storage in computing permitted outdoor storage and operations.

4.

When indicated as requiring a special exception in Table 743-1: Use Table, this use shall only be permitted after approval of a special exception by the Board of Zoning Appeals in accordance with Section 740-705.

PP.

Wireless communications facility.

1.

Statement of purpose.

a.

This article creates the framework for wireless communications regulations, so that wireless communications facilities can be sited in a manner that provides comprehensive service to the community, which protects the community from clutter and design, which is compatible with existing and future land use, and which reinforces the need for an urban landscape that contributes to a sense of place and sense of community. These regulations have been developed in accordance with the technological considerations known at this time, with some anticipation for future changes in the wireless communications industry. Changes to the industry that were not anticipated will be considered in future amendments to this article.

b.

The purpose of the wireless communications regulations set forth in this article shall be to: encourage facilities to be located in areas least disruptive to residential, park and greenway uses and functions, including wildlife habitats, and to be as unobtrusive and invisible as reasonably possible; encourage designs and use of colors that are compatible with the adjacent land uses; retain current residents and attract new residents to the city; encourage and facilitate installation of necessary and desirable wireless communications infrastructure; preserve and improve the appearance of the city as a place in which to live and work as an attraction to nonresidents who come to visit or trade; safeguard and enhance property values; protect public and private investment in buildings and open spaces; supplement and be a part of the regulations imposed and the plan set forth under the Comprehensive Plan for Marion County; and promote the public health, safety, morals and general welfare.

2.

Wall-mounted and roof-mounted facilities.

a.

When permitted in D-A, D-S, D-1, D-2, D-3, D-4, D-5 and D-5II Districts, wall-mounted and roof-mounted wireless communications facilities (WCF) shall be in compliance with the following requirements:

1.

WCF shall be no greater than three square feet in area and no more than 6 inches deep (excluding antennas).

2.

Antennas may extend no more than 24 inches from the wall or other surface to which they are mounted.

3.

WCF shall be compatible with the colors of the wall on which they are located.

4.

WCF shall be located in a place least obtrusive to public view.

5.

Administrator's approval is required for all wall-mounted and roof-mounted WCF.

b.

In all other Districts, where permitted by this article, wall-mounted WCF shall be in compliance with the following requirements:

1.

Wall-mounted WCF may extend a maximum 24 inches from the side of the building on which the WCF is located. The distance shall be measured from the point on the wall where the WCF is attached, at right angles from the wall, to the furthermost extension of the WCF.

2.

Wall-mounted WCF shall be compatible with the colors of the wall on which they are located.

3.

Wall-mounted WCF shall be designed to be compatible with the design and materials of the building on which the WCF will be attached, and located in a place least obtrusive to public view.

4.

The total area of all wall-mounted WCF located on a building side shall not exceed 2% of the area of the side of the building on which the structure is located.

5.

Wall-mounted WCF may extend a maximum of 10 feet above the wall on which they are located.

6.

Administrator's approval is required for all wall-mounted WCF.

3.

Landscaping.

a.

Landscape yard shall be provided around the entire perimeter of a tower site to screen the fence and the equipment structure, exclusive of vehicular or pedestrian entrances. This yard shall be planted to provide a continuous landscape screen around the site. This may be done by one of the following methods:

1.

Shrubs. Shrubs shall have a minimum height of four feet and shall be planted at a maximum of four feet on center. The shrubs shall be evergreen shrubs or densely twigged deciduous shrubs.

2.

Deciduous ornamental trees or multi-stemmed trees. Deciduous ornamental trees or multi-stemmed trees shall have a dense branching pattern that extends to the ground and shall be a minimum size of one and one-half caliper inches at time of planting and shall be planted at a maximum of 10 feet on center.

3.

Evergreen trees. Evergreen trees shall have a dense branching pattern and shall be planted at a maximum of 12.5 feet on center.

4.

Existing trees and shrubs. Existing trees and shrubs may be used to screen the site. If the existing vegetation does not form a continuous screen around the site or does not extend from the ground to a height of six feet, it shall be supplemented with additional vegetation.

5.

Combination. A combination of the above methods may be used, provided that the vegetation forms a continuous screen around the site or extends from the ground to a height of six feet.

6.

Maintenance. Where multiple users of a site are involved, the owner of the site shall be responsible for the installation and maintenance of all landscaping.

b.

The landscape yard shall be a minimum of 10 feet in width. If using method (3), the yard shall be 20 feet in width to accommodate the larger width of the vegetation.

c.

The minimum size of all required landscape plant materials, at the time of planting, including replacement trees and shrubs, shall be as required in Section 744-503.E.

d.

The required landscaping shall be maintained at all times and replaced if it dies, for as long as the use remains.

e.

The Administrator shall have the power to modify or waive any of the foregoing landscape requirements and approve alternatives for those requirements as long as the alternative plan is appropriate for the site and its surroundings and is compatible and consistent with the intent of the stated standards.

f.

After the first day of the month that is six months after the date of adoption, new uses shall include motion-activated lighting that complies with Chapter 744, Article VI Exterior Lighting.

4.

Guy anchorages. No guy anchorages shall be located within any front, side or rear transitional yard, and shall be set back at least 30 feet from any lot line.

5.

Provisions for more than one user.

a.

Sufficient land shall be secured by the initial WCF tower provider to reserve adequate area for more than one equipment structure.

b.

All towers shall be designed and constructed so that more than one wireless communications company may attach equipment to the tower. When applying for an Improvement Location Permit, the owner of the tower shall provide assurance that the tower is available for use by other wireless communications providers.

6.

More than one tower in a half (½) mile.

a.

If any tower is proposed within one-half-mile radius of another tower, prior to obtaining an Improvement Location Permit, the entity requesting the new tower must:

1.

Identify all towers within one-half-mile radius of the proposed tower; and

2.

Provide information to the Administrator outlining the reasons those towers cannot be used for additional WCF.

b.

If there is space available for additional WCF on any of those towers, as required by Section 743-305.OO.5. above, or by previous variance condition or commitment, or if the reasons are found by the Administrator not to be justified, the Improvement Location Permit for the new tower shall not be granted.

7.

Existing towers. All towers that are legally established on August 2, 1999 may be used for WCF, as long as the height is not increased, nor the location of the tower changed.

8.

Signs prohibited. No lettering, symbols, images, trademarks, signs or advertising of any kind shall be placed on, or affixed to, any part of a tower or structure, other than as required by the Federal Aviation Administration, by Federal Communications Commission or other agency regulations, or as required to protect public health and safety.

9.

Where permitted.

a.

Wireless communication facilities may be located in the Zoning Districts indicated on the following chart, subject to the standards referenced on the chart. Sites located within a locally designated Historic District are also subject to the requirements of IC 36-7-11.1, and sites located within the Meridian Street Preservation Area are subject to the requirements of IC 36-7-11.2. This Section 743-305.OO.9 is not intended to alter or affect the authorities of the Indianapolis Historic Preservation Commission (IHPC) or the Meridian Street Preservation Commission (MSPC), or the foregoing Indiana statutes.

b.

Wireless communications facilities may also be located:

1.

On signs as regulated by Section 743-305.OO.13.;

2.

In high-power electric transmission line easements or rights-of-way as regulated by Section 743-305.OO.12.a.); and

3.

In public rights-of-way, as regulated by Section 743-305.OO.12.

10.

Height regulations.

a.

Category 1. No height restrictions.

b.

Category 2.

1.

In the C-7 Districts, no height restrictions for freestanding WCF located 500 feet or more from a Protected District or a greenway. In the I-2, I-3 and I-4 Districts, no height restrictions for freestanding WCF located 300 feet or more from a Protected District or a greenway.

2.

Within 500 feet of a Protected District or a greenway, in the C-7 Districts, the height for a freestanding WCF is limited to a maximum of 25 feet higher than the building height permitted by the District where the WCF is located. Within 300 feet of a Protected District or a greenway, in the I-2, I-3 and I-4 Districts, the height for a freestanding WCF is limited to a maximum of 25 feet higher than the building height permitted by the District where the WCF is located.

3.

Roof-mounted WCF subject to the following:

i.

Height may be 10 feet greater than the existing building height.

ii.

Height may be increased to 20 feet greater than the existing building height, if the height increase is approved by the Administrator.

4.

Wall-mounted WCF may extend a maximum of 10 feet above the wall on which they are located.

c.

Category 3.

1.

Maximum height of 90 feet allowed for freestanding WCF located 500 feet or more from a Protected District or a greenway.

2.

Within 500 feet of a Protected District or a greenway, the height for a freestanding WCF is limited to a maximum of five feet higher than the building height permitted by the District where the WCF is located.

3.

Roof-mounted WCF subject to the following:

i.

Height may be 10 feet greater than the existing building height.

ii.

Height may be increased to 20 feet greater than the existing building height, if the height increase is approved by the Administrator.

4.

Wall-mounted WCF may extend a maximum of 10 feet above the wall on which they are located.

d.

Category 4.

1.

Roof-mounted WCF subject to the following:

i.

Height may be 10 feet greater than the existing building height.

ii.

Height may be increased to 20 feet greater than the existing building height, if the height increase is approved by the Administrator.

2.

Wall-mounted WCF may extend a maximum of 10 feet above the wall on which they are located.

e.

Category 5. Wall-mounted and roof-mounted WCF antennas may extend a maximum of two feet above the wall or roof on which they are located.

11.

Equipment structures for WCF.

a.

Commercial, Mixed-Use, Industrial, and Dwelling Districts. Equipment structures shall be located in compliance with the specific accessory structure requirements for the District in which the site is located.

b.

Central Business Districts. Equipment structures are subject to the Regional Center approval process requirements.

c.

Hospital Districts, University Quarter Districts, and Park Districts. Equipment structures are subject to the special district approval process requirements for HD-1, HD-2, UQ-1 UQ-2 and PK-2, or special exception process as required for PK-1.

d.

Special Use Districts.

1.

Equipment structures shall not exceed 300 square feet in area, with a maximum height of 15 feet.

2.

The location of equipment structures shall be subject to Administrator's approval.

12.

Transmission line easements and public rights-of-way.

a.

Wireless communications facilities may be located in high-power electric transmission line and substation easements or rights-of-way and public rights-of-way, under the following circumstances.

1.

High-power electric transmission line easements or rights-of-way.

i.

Existing utility structures. WCF may be located on existing utility structures, as long as the height of the WCF and the structure together is not more than 110% of the height of the existing structure.

ii.

New WCF structures. New WCF structures shall only be located within the footprint of an existing utility structure (except in PK-1, where the location is subject to a special exception). WCF may be located on new structures, as long as the height of the WCF and the new structure together is not more than 110% of the height of the existing utility structure.

iii.

Each WCF provider shall obtain written consent of the owner of the electric transmission line structure and submit a copy of such consent along with all plans to the Administrator, and shall have its WCF design package approved by the Administrator, prior to installation of any WCF on utility structures.

iv.

Equipment structures for WCF. Equipment structures shall not exceed 300 square feet in area for each structure, with a maximum height of 15 feet.

2.

Public rights-of-way that are local and collector streets (any streets not indicated in the Official Thoroughfare Plan).

i.

Wireless communications facilities may be located on utility poles, as long as the pole is not increased in height.

ii.

Extension from poles: WCF shall extend no more than four feet from the pole, measured from the pole to the furthest point of the WCF from the pole.

iii.

Equipment structures for WCF: Equipment structures shall not exceed eight square feet in area, with a maximum projection of two feet from the utility pole, and shall be attached to the same utility pole as the WCF.

iv.

Design: Each WCF provider shall obtain written consent of the owner of the utility pole and submit a copy of such consent along with all plans to the Administrator, and shall have its WCF design package approved by the Administrator, prior to installation of any WCF on utility poles.

3.

Other public rights-of-way (all streets indicated in the Official Thoroughfare Plan).

i.

WCF may be located on utility poles, as long as the height of the WCF and the pole together is not more than 110% of the height of the existing pole.

ii.

Extension from poles: WCF shall extend no more than four feet from the pole, measured from the pole to the furthest point of the WCF from the pole.

iii.

Equipment structures for WCF:

a.

Freeways and expressways: Equipment structures in rights-of-way of freeways and expressways shall not exceed 300 square feet in area, with a maximum height of 15 feet.

b.

All other streets: Equipment structures shall not exceed eight square feet in area.

4.

Each WCF provider shall obtain written consent of the owner of the utility pole and submit a copy of that consent along with all plans to the Administrator, and shall have its WCF design package approved by the Administrator, prior to installation of any WCF on utility poles.

13.

Signs. Sign-mounted wireless communications facilities may be located on legally established signs under the following circumstances:

a.

WCF may be incorporated into a sign face, or located on a sign structure, as long as the sign face and structure are in compliance with all aspects of Chapter 744, Article IX. If the WCF is located on the outside of the sign face and structure, and is visible, the area of the antenna shall be included in the measurement of the sign area permitted by Chapter 744, Article IX.

b.

Administrator's approval is required prior to installation of WCF on any sign or sign structure.

c.

Equipment structures for WCF shall not exceed 200 square feet in area, with a maximum height of 10 feet. Equipment structures shall be in compliance with Section 743-305.OO.11.

d.

Where signs have been approved by variance, WCF may be integrated into the sign or sign structure, only if all parameters and conditions of the variance are met.

14.

Special exception. Where wireless communications facilities are permitted only upon approval of a special exception by the Board of Zoning Appeals in accordance with Section 740-705, and the following:

a.

The grant will assure that the design of the WCF is compatible with the surrounding environment, by camouflage, integration with existing structures, or other design-related solution;

b.

The grant is consistent with the 1996 Telecommunications Act; and

c.

The grant is consistent with the statement of purposes for WCFs.

15.

Tower removal.

a.

All towers that cease to be used for a period of more than one year shall be removed.

b.

Before obtaining an Improvement Location Permit for a tower, an applicant that is not also the owner of the property must provide recordable evidence of a written agreement (a lease, a memorandum of lease, an affidavit or other recordable instrument) between the WCF operator and the property owner that the WCF operator has agreed to remove the tower as required by this Section 743-305.OO.15. and further granting a right of access to the Department of Metropolitan Development to enforce this section and cause removal of the tower. If the Department of Metropolitan Development causes the removal of the tower pursuant to this Section 743-305.OO.15., the WCF operator, its successors, all other past users of the tower and the owner of the property upon which the tower is located shall be jointly and severally liable for the costs incurred by the Department of Metropolitan Development in accomplishing the removal.

c.

Within 30 days after use of a tower has ceased, the last user shall notify the Administrator of the discontinued use.

16.

Improvement Location Permit. An Improvement Location Permit application for a WCF shall include the following:

a.

Site and landscape plans, drawn to scale;

b.

A description of the WCF and its design;

c.

Documentation, establishing the structural integrity of the WCF;

d.

A statement that the WCF meets the standards of the American National Standards Institute;

e.

A statement regarding the availability of another WCF provider to use a tower, as required in Section 743-305.OO.5.;

f.

Proof of ownership of the proposed site, or property owner's consent to use the site for WCF;

g.

Copies or other evidence of any necessary easements;

h.

A map indicating the existing topography of the site; and

i.

For a variance or special exception, a graphic or photographic representation shall be submitted that shows the height of the WCF, in relation to its surroundings.

17.

Standards of Administrator's approval.

a.

Where the Administrator has been given the authority to review and approve certain aspects of WCF, the following standards shall be considered:

1.

The visual impact of the proposed WCF on the adjacent properties, and the community as a whole;

2.

The recommendations of the comprehensive plan or the most recently adopted neighborhood plan for the site in question;

3.

Current trends in the WCF industry and their potential impact on the community;

4.

Consistency with other designs approved in other areas of the city;

5.

Compliance with the Telecommunications Act of 1996; and

6.

Necessary or desirable infrastructure requirements of the community.

b.

The Administrator's decision may be appealed in accordance with the provisions of the rules of procedure of the Board of Zoning Appeals.

18.

Excluded cities. Prior to applying for an Improvement Location Permit (ILP) for a WCF in an excluded city, the WCF provider shall provide a written letter to the excluded city, indicating their intent. The letter shall be mailed at least five days prior to applying for the ILP, and shall include the proposed location, type, and design of the WCF, and a contact person for the WCF provider. The WCF provider shall submit a copy of the letter, and proof of mailing with the application for the ILP.

QQ.

Wrecking or salvage facility.

1.

The use is not permitted in a Wellfield Protection District or Flood Control Zoning District.

2.

The crushing or shredding of motor vehicles, in whole or in part, is prohibited within 3,000 feet of a Protected District. (See Section 743-301 and Section 740-308.)

3.

Crushing or shredding is prohibited before 8:00 a.m. and prohibited after 6:00 p.m.

(G.O. 64, 2015, § 2; G.O. 37, 2018, § 8; G.O. 23, 2023, § 6)

A.

General conditions in the Dwelling Districts.

1.

Accessory uses in all Dwelling Districts shall comply with the following requirements:

a.

Any accessory use shall be customarily incidental, accessory and subordinate to, and commonly associated with, the operation of the primary use of the lot.

b.

Any accessory use shall be operated and maintained under the same ownership and on the same lot as the primary use.

c.

Accessory uses or structures shall not be permitted on a lot prior to the erection of the primary building.

2.

Accessory buildings and minor residential structures in all Dwelling Districts shall comply with the following requirements:

a.

The horizontal land area covered by the primary building and all accessory buildings and all game courts and all minor residential structures must cumulatively meet the required open space requirement of the District.

b.

The horizontal land area covered by any one accessory building or minor residential structure must be less than the horizontal land area covered by the primary building.

c.

The height of any accessory building or minor residential structure shall be less than the height of the primary building.

3.

In the D-A District on lots in which an agricultural use is being conducted, the height of buildings and structures, except for the primary dwelling unit, shall not be limited if used for agricultural purposes, such as barns, silos, or equipment sheds.

4.

On lots in the D-A, D-S, D-1, D-2, D-3, D-4, D-5, D-5II and D-8 Dwelling Districts improved with a single-family detached dwelling, single-family attached dwelling, or two-family dwelling, minor residential structures:

a.

Shall not be located closer to any front or side lot line than the required minimum front and side yard setbacks of the Dwelling District, or, in the case of a front yard, the established front yard setback on the lot, whichever is greater;

b.

Shall not be located closer to any rear lot line than five feet;

c.

Shall comply with the minimum side yard requirements of the District independently of the side yards established by the primary building; and

d.

Shall not encroach upon, as the primary building shall not encroach upon, any platted easement.

5.

In the D-6, D-6II, D-7, D-8, D-9 and D-10 Dwelling Districts, minor residential structures and residential support facilities or amenities:

a.

Shall not be located closer to any front, rear or side lot line than the required minimum perimeter yard setback of the Dwelling District, or, in the case of a front yard, the established front yard setback on the lot, whichever is greater; and

b.

Shall not encroach upon, as the primary building shall not encroach upon, any platted easement.

B.

Prohibited activities in the Dwelling Districts. The following activities are prohibited in all Dwelling Districts, and may not be approved by the Administrator.

1.

Dismantling, repairing or restoring of vehicles: No person shall dismantle, repair, restore or otherwise perform any work on any vehicle, machine, motor, or similar device not owned or leased by that person or a member of that person's family, on any property in a Dwelling District. In addition, any work beyond basic maintenance performed shall be:

a.

Incidental to a permitted use and completely within a garage or carport; or

b.

Completely within an area wholly enclosed from the view of surrounding properties and rights-of-way by a solid structural barrier (either a wall or fence of ornamental block, brick, wood, or combination of those materials) of six feet in height.

2.

Storing of inoperable vehicles in Dwelling Districts: No inoperable vehicle shall be stored, maintained or kept on any property in a Dwelling District unless such vehicle is:

a.

Owned or leased by the resident of the property on which it is stored or by a member of that person's family; and

b.

Completely within an accessory building.

3.

Storing of commercial vehicles in dwelling districts. No commercial vehicle shall be parked, stored, maintained or kept on any property in a Dwelling District unless:

a.

The vehicle has a gross vehicle weight rating (GVWR) of 10,000 pounds or less; or

b.

The vehicle is parked, stored, maintained or kept within a garage or carport and is not categorized as a commercial vehicle by Item 2 in the definition of a commercial vehicle; or

c.

The vehicle is parked or stored on a site where active, legal construction activity is taking place.

Commercial vehicles that are in the course of making normal and reasonable service calls are exempt from this provision.

C.

General conditions for all accessory uses and buildings in Commercial and Mixed-Use Districts.

1.

Accessory uses, buildings and structures shall not be located in any transitional yard or edge buffering area or required landscape area.

2.

The total square footage of all accessory buildings shall not exceed the maximum limit indicated in the Table 743-306-1 below:

D.

Amateur radio antenna.

1.

The height including masts shall not exceed 75 feet measured from grade level at the base of the antenna.

2.

The antenna shall not be located in the front yard as established by the building line of the existing primary building.

E.

Antenna, radio or television broadcasting.

1.

In the Regional Center and North Meridian Street Corridor District, the antenna shall not be located on a freestanding tower. It may be mounted on rooftops or attached to a building.

2.

In the Industrial Districts, the antenna may be located on a freestanding tower, subject to the height requirements of the District.

F.

Automated teller machine (ATM).

1.

Automated teller machines are not permitted on undeveloped parcels or lots without a primary building.

2.

Automated teller machines must be located within or incorporated into a primary building or as a drive-through facility.

3.

After the first day of the month that is six months after the date of adoption, new ATMs accessible after hours or accessible from the outside shall be located so there is an unobstructed view from a property frontage.

G.

Automobile Rental Station.

1.

Parking spaces designated for this use do not count as minimum required off-street parking spaces and do not count against maximum allowed off-street parking spaces as regulated in Section 744-402 of this ordinance.

2.

Parking spaces designated for this use do not qualify as shared vehicles, carpool, or vanpool spaces as regulated in Section 744-403 of this ordinance.

3.

The maximum number of automobiles permitted at a station is 10 vehicles. Only one station is permitted per lot unless the contiguous parking area on a lot contains more than 500 parking spaces, then multiple stations are permitted per lot at a ratio of one station for every 200 parking spaces.

4.

A station may include a single kiosk for authorizing the rental of the automobile and may include an electric charging device for each vehicle space. The kiosk and electric charging device shall not encroach into any pedestrian walkway.

5.

A station shall not include any building or enclosed structure and may not have any employee(s) permanently staffing the station.

6.

Maintenance of automobiles and exterior washing of automobiles is not permitted at the station. Emergency repairs and interior cleaning of automobiles is permitted at the station.

7.

A station may include signs as regulated by Chapter 744, Article IX of this ordinance.

H.

Child care home.

1.

A child care home is only permitted as an accessory use to a dwelling unit. It is not considered a home occupation.

2.

The child care provider shall reside on site as their permanent residence.

3.

Child care homes must be licensed and shall comply with all provisions of IC Title 12.

I.

Drive-through.

1.

Drive-through including lanes must be located at least 25 feet from the boundary of any Protected District. Impacts along the boundary with those Districts shall be buffered in accordance with the standards of Section 744-506.B.

2.

Any drive-through in which a portion of the drive through is located between the primary structure and a property boundary with a Dwelling District, the noise from speakers shall be limited to 70 decibels at the property line with the Dwelling District.

3.

No service unit shall be located on a façade that is adjacent to or faces a public right-of-way that exceeds 30 feet in width. No off-street stacking space shall be located in a front yard that is along a public right-of-way that exceeds 30 feet in width. In all instances, service units shall be screened from all public rights-of-way that exceed 30 feet in width regardless of proximity.

4.

In the MU-1, MU-2 and CBD-2 Districts, no vehicle lane or stacking space may be located in the front yard except for a driveway extending along the shortest, most direct route.

J.

Employee living quarters.

1.

The occupancy by the employee shall occur within the primary building or secondary dwelling unit.

2.

No alteration shall be made to the primary building to create a room or rooms that are only accessible from the exterior of the primary building.

K.

Game courts.

1.

Game courts may be used by the occupants and guests of the primary use, and shall not be made available for use by the public with or without a fee

2.

Game courts shall not be located closer to any front, or side lot line than the required minimum front, or side setbacks of the dwelling district, nor shall any part of a game court project into the front yard as established by the existing primary building, except as stated in subsection 3. below. Game courts shall not be located closer to any rear lot line than five feet.

3.

Basketball goals may be located along a driveway in any yard area, however, may not encroach onto a public right-of-way.

4.

Game court lighting shall be subject to the exterior lighting standards in Section 744-603 (Required Lighting).

5.

Lights for game courts in the D-A, D-S, D-1, D-2, D-3, D-4, D-5, D-5II, and D-8 Districts shall not be higher than 15 feet above grade level.

6.

No loud speakers, public address systems or other noise producing devices shall be permitted in association with a game court.

7.

Fences that are a component of a regulation game court shall not be subject to the fence height limitations of Section 744-511.A.2. Fences that are components of game courts shall not exceed ten feet in height.

L.

Home occupations.

1.

The primary use of the dwelling unit shall remain residential.

2.

The dwelling unit shall not be a mobile dwelling unit.

3.

The operator of the home occupation shall make the dwelling unit within which the home occupation is conducted his legal and primary place of residence, and shall also carry out more of the activities such as sleeping, eating, entertaining and other functions and activities normally associated with home life in the dwelling unit where the home occupation is being conducted than are carried out at any other place.

4.

The home occupation shall be clearly incidental and subordinate to the primary residential use of the dwelling. No more than 600 square feet or 30% of the total square footage of the dwelling unit, whichever is less, shall be used in connection with the home occupation. If more than one home occupation operates in the dwelling unit, these limits shall apply to all of the home occupations combined, not to each home occupation individually.

5.

The area used for the home occupation shall be finished in accordance with the Building Code as habitable space.

6.

Food preparation facilities and bathing facilities shall not be removed.

7.

No structural additions, enlargements or exterior alterations changing the residential appearance of the dwelling or lot shall be permitted, and no additional or separate exterior entrance shall be constructed for the purpose of conducting the home occupation.

8.

No provision for off-street parking or loading facilities, other than requirements of the applicable Dwelling District, shall be permitted. No part of the minimum required yard shall be used for such off-street parking or loading purposes. No additional driveway to serve the home occupation shall be permitted.

9.

The home occupation shall not regularly attract more than four individuals simultaneously onto the premises for reasons related to the home occupation and shall not generate significantly greater traffic volume than would normally be expected in the residential area in which the home occupation is conducted.

10.

No display of goods or external evidence of the home occupation shall be permitted other than one window or wall sign not exceeding two square feet in area.

11.

No goods, commodities or stock in trade shall be received, retained, used, stored on or physically transferred from the premises except for:

a.

A reasonable number of samples needed in the home occupation, or

b.

Those goods, commodities or stock in trade, a substantial portion of the value of which is or will be attributable to work or services performed by the operator of the home occupation on the premises as a part of the operation of the home occupation. These materials may include, but are not limited to:

1.

Equipment or devices, such as medical instruments in the case of a physician, necessary to the conduct of the home occupation;

2.

Materials, such as paint and canvas in the case of an artist, needed to produce a finished product or perform a service in the operation of the home occupation on the premises;

3.

Items of tangible property, such as legal documents in the case of an attorney, transferred in connection with the performance of personal services by the operator of the home occupation; or

4.

Items of tangible property, such as clothing in the case of a tailor, to be repaired, altered, or serviced by the operator of the home occupation on the premises.

12.

No electrical or mechanical equipment shall interfere with local radio, television, or wireless internet connections.

13.

No aspect of a home occupation, including but not limited to its hours of operation, shall interfere with the reasonable use and enjoyment of adjacent residential properties.

14.

No one in addition to the operator may participate in or assist with the conduct or operation of a home occupation from a secondary dwelling unit.

15.

No one may participate in or assist with the conduct or operation of a home occupation except:

a.

Individuals who meet the same residence requirements, set forth in paragraph 3. above, that must be met by the operator of home occupation;

b.

Two nonresident assistants, subject to the following requirements and limitations:

1.

Nonresident assistant activity shall be limited to 45 hours per week per assistant.

2.

If more than one home occupation is conducted in the same dwelling unit, only one of the home occupations may utilize nonresident assistance.

16.

The following are not permitted as home occupations:

a.

The storage or parking of non-passenger vehicles not owned by the property owner;

b.

All uses involving the storage or use of hazardous materials, such as petroleum or fertilizers, or the outdoor storage of nonresidential equipment or supplies;

c.

Home based food production or brewing of alcoholic beverages for sale; and

d.

Repair of motor vehicles or heavy equipment.

17.

Permitted home occupations shall not operate between 10:00 p.m. and 7:00 a.m.

18.

Permitted home occupations shall comply with all performance standards set forth in Section 740-401.B.

19.

For purposes of the Zoning Ordinance, a child care home shall be considered an accessory use, and not a home occupation.

M.

Minor mobile home structures.

1.

The height of minor accessory structures shall not exceed 12 feet measured from the finished mobile dwelling site grade level.

2.

Floors of carports, patios, storage rooms and porches shall be of concrete or other permanent pavement.

N.

Minor residential structures.

1.

Minor residential structures shall comply with all applicable provisions of Chapter 744, Article II (Dimensional Standards), unless an exception is specifically stated in the Zoning Ordinance.

O.

Mobile home display.

1.

A mobile dwelling project owner/operator may not display more than six model mobile dwellings on mobile dwelling sites in the interior of the project.

2.

The model units shall not be displayed for sale or removal outside the project.

3.

An incidental model home sign as regulated in Chapter 744, Article IX shall be permitted for each model home, but no sign relative to the model units shall be installed so as to be visible to the public outside the project.

4.

Except as listed in subsections 1. and 2. above, wholesale and retail sales of mobile dwellings conducted as a business by dealers of mobile dwelling project owners/operators are prohibited. This shall not restrict the right of any individual owner of a mobile dwelling unit to sell or lease that unit.

P.

Model home.

1.

This use must be incidental to and necessary for the sale, rental, lease of, or construction of, real property or premises in the Zoning District and located in the same subdivision under development.

2.

The use shall have operational plumbing prior to use.

3.

No public address systems or other noise producing devices shall be permitted.

4.

All floodlights or other lighting shall be directed upon the premises and shall not be detrimental to adjacent properties.

5.

The lot shall be put in clean condition devoid of temporary use remnants upon termination of the temporary period.

6.

Adequate access and parking area shall be provided, which shall not interfere with traffic movement on adjacent streets.

7.

A temporary Improvement Location Permit is required, and no temporary Improvement Location Permit shall be issued for a model home until a preliminary plat, site or landscape plan, if required, has been approved by the Administrator.

8.

A temporary Improvement Location Permit for a model home shall be valid for a maximum of 18 months. An extension of time, not to exceed 180 days, may be granted by the Administrator for good cause shown. The request for extension shall be filed with the Administrator prior to the termination date of the temporary Improvement Location Permit.

9.

No later than 30 days after the termination date of the temporary Improvement Location Permit, the site shall be returned as nearly as reasonably possible to its condition prior to the issuance of the temporary Improvement Location Permit, or a permanent Improvement Location Permit shall be obtained for any improvements that are to remain.

Q.

Outdoor display and sales, on-going.

1.

The use or structure must comply with all setback requirements for a primary building on the site.

2.

Outdoor display and sales must not be located in any transitional yard or edge buffering area or required landscape area.

3.

There shall be no outdoor displays that restrict traffic visibility in any way or impede the movement of vehicles on the site, curb cuts, or rights-of-way.

4.

There shall be no outdoor displays located in or in any way conflicting with or interfering with sidewalks, walkways, off-street parking areas or required landscaping yards.

5.

Outdoor displays shall be on a hard-surfaced area, such as concrete, asphaltic pavement, brick, flagstone or comparable material, and maintained in good condition.

6.

All exterior displays shall be maintained in an orderly manner.

7.

After the first day of the month that is six months after the date of adoption, new uses that remain outdoors at night shall include motion-activated lighting that complies with Section 744-604 (Lighting Standards).

8.

After the first day of the month that is six months after the date of adoption, new uses shall be located so that an unobstructed view from the lot frontage or an adjacent property is available.

9.

Unless indicated otherwise, outdoor displays and sales shall be located abutting a building exterior wall and shall not be located within a required yard or required transitional yard.

10.

In the C-4 District, outdoor display and sales shall not be located in a front yard unless the display is located abutting a building exterior wall and is less than eight feet in depth. However, automobile fueling stations in the C-4 District may have outdoor display and sales in the front yard if located on the pump island.

11.

In the MU-3 and MU-4 Districts, outdoor display and sales shall not be located in a front yard and any outdoor display and sales must be located abutting a building exterior wall and must be less than eight feet in depth.

12.

In the CBD-2 District, outdoor display and sales shall not exceed 25% of the gross floor area of the ground floor of the primary building.

13.

Outdoor display and sales in the CBD-1 and CBD-3 Districts shall only be the retail sales of beverages, flowers and food. In the CBD-1, CBD-2, and CBD-3 Districts, retail sales of beverages, flowers and food may be carried out on a portion of the sidewalk abutting the same business premises provided:

a.

Regional center approval is obtained.

b.

Permission is secured from the appropriate governmental unit to use the right-of-way.

c.

The depth of the sales area shall not be greater than 50% of the depth of right-of-way extending between the back of curb (or pavement edge) to the lot line.

d.

In no instance shall the width of the sidewalk available for use outside the sales area be less than eight feet in the CBD Districts.

e.

Sales area is located at least eight feet from any building standpipe, hydrant, crosswalk, driveway, alleyway, access ramp, parking meter, landscape bed, street tree, sign post, utility pole, or similar obstacle.

f.

The sales area shall not contain any sidewalk utility vault.

g.

Outside of the immediately abutting primary business's hours of operation, all furniture, equipment, and goods shall be removed from the sidewalk area or otherwise secured to prevent movement by natural elements or by unauthorized persons.

R.

Outdoor display and sales, temporary.

1.

In the Dwelling Districts, any temporary outdoor display and sales shall meet the standards of Chapter 987, Article II (Garage Sales).

2.

Temporary outdoor display and sales by transient merchants are permitted if licensed under Chapter 987, Article I (Transient Merchant Activity).

3.

Temporary outdoor display and sales must not be located in any transitional yard or edge buffering area or required landscape area.

4.

Unless otherwise regulated, temporary outdoor display and sales are limited to:

a.

30 days and no more than three times a calendar year;

b.

Using no more than 10% of the required on-site parking spaces and maintaining vehicle maneuverability on the site;

c.

Maintaining a setback of at least five feet from any lot line and any sidewalk;

d.

Not obstructing any clear sight triangular area.

5.

In the C-3, CBD and MU Districts, temporary outdoor display and sales shall only be permitted once each month for a three-day period provided the outdoor display and sales area is limited to 200 square feet or less.

6.

In the C-4 District, temporary outdoor display and sales shall only be permitted once each month for a three-day period provided the temporary outdoor display and sales is limited to 200 square feet or less. In addition, temporary outdoor display and sales for dealers of motor vehicles shall be permitted if the temporary outdoor display and sales:

a.

Meets the requirements of IC 9-23-2-6 and IC 9-23-2-7;

b.

Limited in duration to a total of 10 calendar days per event, and no more than two events per calendar year per site or integrated center;

c.

Limited to vehicles with GVWR of less than 14,000 pounds;

d.

Not located within 500 feet, measured in any direction, of any Protected District. (See Section 743-301) The measurement shall be taken from the perimeter of the display or operations area of the temporary outdoor display and sales to the zoning boundary of the Protected District;

e.

Complies with all setback requirements for a parking area on the site;

f.

Does not encroach upon any interior access drive or parking maneuvering area or otherwise inhibit the internal circulation of the remaining vehicle areas.

S.

Outdoor seasonal produce sales.

1.

May operate from April 1 ^st through December 31 ^st in a single calendar year;

2.

Must be located on a hard surface;

3.

Must use no more than 10% of the required on-site parking spaces and must maintain vehicle maneuverability on the site;

4.

Must not be located in any transitional yard or edge buffering area or required landscape area;

5.

Must maintain a setback of at least five feet from any lot line and any sidewalk; and

6.

Must not obstruct any clear-sight triangular area.

T.

Outdoor seating or patio (nonresidential).

1.

A decorative fence or wall or similar barrier shall be erected and maintained between any outdoor seating or patio area and a right-of-way. The fence, wall or barrier shall be at least three feet in height.

2.

Outdoor waste and recycling receptacles for customers shall be provided, conveniently located, regularly serviced and maintained.

U.

Outdoor storage and operations.

1.

Outdoor storage and operations shall not be permitted in the Regional Center and North Meridian Street Corridor District.

2.

Outdoor storage and operations must be screened in accordance with Section 744-508.C.

3.

Outdoor storage and operations shall not be located in any transitional yard or edge buffering area or required landscape area.

4.

Maximum height of outdoor storage shall be 10 feet with solid screening required and no storage higher than the screening if located within 500 feet of a Protected District in the Metro Context Area or within 300 feet of a Protected District in the Compact Context Area. However, in the I-1 District, the maximum height of outdoor storage shall be the height of the screening.

5.

Outdoor storage and operations is permitted in the following districts as indicated in the Table 743-306-2 and shall not exceed the maximum limits indicated in Table 743-306-2 below:

V.

Personal garden.

1.

Personal beekeeping of domesticated honeybees is permitted in all Districts. Without a personal livestock license, the number of bee hives on a site shall be limited to eight hives. No bee hive shall be larger than 16 cubic feet.

2.

Bee hives may be located on the ground or on the roof of a building with a permanent foundation.

3.

If the opening of any bee hive located on the ground opens toward an area on-site or another lot that is an activity area, such as a walkway, play area, patio, then a barrier must be provided to cause the bee flight path to be directed at least six feet above the area.

W.

Personal livestock. The following standards govern the keeping of personal livestock as an accessory use in all Zoning Districts except agricultural uses and lots in the D-A District over three acres in size.

1.

This use must be accessory to a single-family detached or two-family dwelling as the principal use on the same lot or parcel and shall be for personal use only.

2.

The caretaker or owner of the animal must reside on the same lot as the animal.

3.

The following domesticated adult animals are permitted outside in accordance with Table 743-306-3 without a personal livestock license pursuant to Chapter 838 of the Revised Code of the Consolidated City and County. All category one animals may be present on a lot so long as any required minimum lot size is met. However, only a maximum of four category two animals may be present on a lot so long as the minimum lot size is met.

4.