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Seymour City Zoning Code

ZONE DISTRICTS

§ 157.045 GENERAL.

   (A)   Districts established. The city is hereby divided into zoning districts as detailed in this subchapter to carry out the purposes of this chapter. These districts are described in this subchapter. The boundaries are as shown on the official zoning map.
   (B)   Overlay districts. In addition to all requirements of the underlying zoning district, overlay districts are subject to any additional regulations superimposed by the terms of this chapter.
(Ord. 17, 2006, passed 11-27-2006)

§ 157.046 RESIDENTIAL DISTRICTS.

   (A)   Purpose. The residential districts in this section are created for the following purposes:
      (1)   Provide appropriately located areas for a variety of types of residential development that are consistent with the Seymour Comprehensive Plan and with standards of public health and safety established by this chapter and any other appropriate governmental body;
      (2)   Ensure adequate light, air, privacy and open space for each dwelling;
      (3)   Insulate residents from the harmful effects of excessive noise, population density, traffic congestion, and other significant adverse environmental effects;
      (4)   Protect residential areas from fires, explosions, toxic fumes and substances, and other public safety hazards;
      (5)   Provide sites for public and semipublic land uses needed to complement residential development or requiring a residential environment; and
      (6)   Ensure the provision of public services and facilities needed to accommodate planned population densities.
   (B)   Districts. The residential districts listed below are hereby created in the city and its jurisdictional area, for the purposes stated.
      (1)   RS, suburban residential district. The purpose of the RS district is to accommodate residential subdivisions on relatively large parcels in developing areas of the community. For areas not served by public sewers, the lot sizes will be increased to properly accommodate septic systems.
      (2)   RS-1, suburban residential district. The purpose of the RS -1 district is to accommodate existing and new residential subdivisions served by approved infrastructure. This district is intended for single-family development on relatively large parcels.
      (3)   R-1, urban residential district. The purpose of the R-1 district is to accommodate existing
high-density residential development and infill development in urban areas served by approved infrastructure.
      (4)   R-2, multifamily residential district. The purpose of the R-2 district is to accommodate multifamily dwellings in appropriate locations served by approved infrastructure.
      (5)   R-3, neighborhood residential district. The purpose of the R-3 district is to protect and enhance older neighborhoods in Seymour. These neighborhoods often contain a mixture of housing types on relatively small lots.
      (6)   R-4, manufactured home district. The purpose R-4 district is to provide suitable locations for manufactured housing developments in areas served by approved infrastructure.
(Ord. 17, 2006, passed 11-27-2006)

§ 157.047 COMMERCIAL DISTRICTS.

   (A)   Purpose. The commercial districts are established for the following purposes:
      (1)   To provide appropriately located areas for a full range of office and commercial uses for Seymour residents, visitors, businesses, and workers;
      (2)   To strengthen Seymour's economic base, and to provide employment opportunities; and
      (3)   To create suitable environments for various types of commercial uses, and protect them from the adverse effects of incompatible uses.
   (B)   Districts. The commercial districts listed below are hereby created in the city and its jurisdictional area, for the purposes stated.
      (1)   C-1, Neighborhood commercial district. The C-1, neighborhood commercial district, is intended to provide suitable locations for businesses provided goods and services needed on a day-to-day basis by nearby residents.
      (2)   C-2, general commercial district. The C-2, general commercial district, is intended to provide suitable locations for establishments offering a full range of goods and services to the public.
      (3)   C-3, highway commercial district. The C-3, highway commercial district, is intended to provide suitable locations for establishments offering goods and services to the traveling public and to accommodate those businesses that require highway locations and large traffic volumes.
      (4)   C-4, central business district. The C-4, central business district, is intended as the traditional center of commerce for the city. This district is characterized by traditional downtown development patterns and uses, including buildings located close to the street, pedestrian orientation, financial and government centers, retail and entertainment uses.
      (5)   C-5, commercial industrial district. The C-5, commercial industrial district, is intended to provide suitable locations for uses that have characteristics of both commercial and industrial uses, such as office/warehouse development, light manufacturing with a retail component, or storage uses with showrooms.
(Ord. 17, 2006, passed 11-27-2006)

§ 157.048 INDUSTRIAL DISTRICTS.

   The industrial districts listed are hereby created in the city and its jurisdictional area, for the purposes stated.
   (A)   Purpose and intent. The industrial districts are established for the following purposes:
      (1)   To provide appropriately located areas consistent with the Seymour Comprehensive Plan for a variety of industrial uses;
      (2)   To strengthen the city's economic base, and provide employment opportunities close to home for residents of the city and surrounding communities;
      (3)   To create suitable environments for various types of and industrial uses, and protect them from the adverse effects of incompatible uses;
   (B)   Districts.
      (1)   I-1, enclosed industrial district. The I-1, enclosed industrial district, is intended to provide suitable locations for manufacturing or research operations that are conducted entirely within enclosed buildings and do not emit nuisance factors such as noise, air pollution, heat or glare outside of the buildings.
      (2)   I-2, general industrial district. The I-2, general industrial district, is intended to provide suitable locations for industrial operations that require outside storage of materials or goods and which may have nuisance factors that make them incompatible in other areas.
      (3)   I-3, Industrial park district. The I-3, industrial park district, is intended to provide for development of new industrial areas, planned as a unit and providing a campus-like environment for new economic enterprises.
(Ord. 17, 2006, passed 11-27-2006)

§ 157.049 OVERLAY DISTRICTS.

   (A)   Purpose and intent. The purpose of the overlay districts is to accommodate special situations that are not generally appropriate to a zoning district. Overlay districts are areas representing a significant community resource. The overlay zones may encompass one or more underlying zoning districts, and the provisions of the overlay district are superimposed upon the property included in the district. An overlay district is shown on the zoning district map and constitutes a second level of development standards in addition to those specified by the underlying zoning district.
   (B)   Districts.  
      (1)   O-1, US 50 corridor overlay district. The O-1, US 50 corridor overlay district, is intended to provide an attractive business corridor through Seymour, with appropriate traffic access control, landscaping, and other features.
      (2)   O-2, traditional neighborhood overlay district. The O-2, traditional neighborhood overlay district is intended to preserve traditional neighborhood patterns (including building size, mass, placement, etc.) and uses (including mixed use) and to encourage compatible infill development.
      (3)   O-3, historic overlay district. The O-3, historic overlay district, is intended to protect and conserve existing buildings and areas of historic significance.
(Ord. 17, 2006, passed 11-27-2006)

§ 157.050 PERMITTED USES.

   (A)   Residential districts. The following shows the uses permitted in residential districts. These uses are subject to the standards set forth in § 157.046.
Residential Districts
P= Permitted, C= Conditional
Use
RS
RS-1
R-1
R-2
R-3
R-4
Use
RS
RS-1
R-1
R-2
R-3
R-4
Agricultural uses
   Farm buildings
P
   Paddocks
C
   Keeping and raising of animals
C
   Raising of crops
P
Residential uses
   Single-family dwelling
P
P
P
P
C
   Two-family dwelling
C
P
   Multi-family dwelling
P
P
   Townhouse
P
P
   Manufactured home
C
C
C
C
P
   Manufactured home park
P
   Manufactured home subdivision
P
Commercial uses
   Bed and breakfast use
C
C
C
P
   Rooming house
C
C
C
P
Use
RS
RS-1
R-1
R-2
R-3
R-4
Use
RS
RS-1
R-1
R-2
R-3
R-4
   Plant nursery
C
C
   Boat storage
C
C
C
C
C
   Marina
C
C
C
C
C
   Pet kennel
C
C
   Riding stable or equine
C
C
   Boarding facility
   Campground or RV park
C
C
   Home business
See § 157.096
Institutional or recreational uses
   Nursing home or assisted living facility
C
C
C
C
C
C
   Public building
C
C
C
C
C
C
   Public or semipublic park or recreational facility
P
P
P
P
P
P
   Private park or recreational facility
C
C
C
C
C
C
   Private club or lodge
C
C
C
C
C
C
   Public or private school
P
P
P
P
P
P
   Boarding school
C
C
C
C
C
C
   Religious facility
P
P
P
P
P
P
   Cemetery
C
C
C
C
C
C
   Waste disposal facility
C
C
   Jail or person
C
C
 
   (B)   Commercial uses.
Commercial Districts
P=Permitted, C= Conditional uses
Use
C-1
C-2
C-3
C-4
C-5
Use
C-1
C-2
C-3
C-4
C-5
Residential uses
   Single-family dwelling
P
 
 
P1
 
   Two-family dwelling
C
 
 
 
 
   Multi-family dwelling
C
 
 
P1
 
   Rooming house
C
 
 
 
 
Commercial uses
   Animal service, major
 
P
P
 
P
   Animal service, minor
C
P
P
P
P
   Automotive service, major
 
C
P
 
P
   Automotive service, minor
C
P
 
 
 
   Business service
P
P
P
P
P
   Commercial center
P
P
P
C
P
   Commercial recreation, indoor
C
P
P
C
P
   Commercial recreation, use outdoor
 
C
P
C
C
   Enclosed mall
 
P
P
C
 
   Health service, major
 
P
P
C
C
   Health service, minor
P
P
P
P
P
   Outdoor sales
 
 
 
 
P
   Outdoor retail sales
 
C
P
C
P
   Parking lot or garage
C
C
C
C
C
   Personal service
P
P
P
P
P
   Professional office
P
P
P
P
P
   Retail, big box
 
C
P
 
 
   Retail, general
 
P
P
P
P
Use
C-1
C-2
C-3
C-4
C-5
Use
C-1
C-2
C-3
C-4
C-5
   Retail service
P
P
P
P
P
   Storage, major
 
C
P
 
P
   Storage, minor
C
P
P
C
P
   Theater or similar entertainment
C
P
P
P
C
   Travel-oriented business
C
P
P
C
P
Industrial uses
   Research and development
 
P
P
C
P
   Other industrial
C
C
C
C
C
Institutional uses
   Personal care
 
P
P
P
 
   Public building
P
P
P
P
P
   Public or semipublic park or recreational facility
P
P
P
P
P
   Private club or lodge
C
P
P
P
P
   Public or private school
P
P
P
P
 
   Boarding school
 
C
C
C
 
   Religious facility
P
P
P
P
P
   Cemetery
C
C
C
C
C
 
1 Residences are not permitted on the ground floor
   (C)   Industrial uses.
Industrial Districts
P = Permitted, C = Conditional use
Use
I-1
I-2
I-3
Use
I-1
I-2
I-3
Commercial uses
   Automotive service, major
C
P
P
   Business service
P
P
P
   Health service, minor
P
P
P
   Office
P
P
P
   Retail service
P
P
P
Industrial uses
   Manufacturing
P
P
P
   Mass transit terminals
 
C
P
   Processing
C
P
P
   Processing and warehousing
C
P
P
   Junkyard
 
P
 
   Research and development
P
P
P
   Storage, major
P
P
P
   Other industrial
C
P
P
Institutional uses
   Public building
P
P
P
   Religious facility
P
C
P
   Semipublic recreational facility
C
C
P
 
(Ord. 17, 2006, passed 11-27-2006; Am. Ord. 17, 2023, passed 8-28-2023)

§ 157.051 STANDARDS APPLICABLE TO ALL DISTRICTS.

   (A)   Performance standards.
   (1)   Noise.
         (a)   No uses or activities shall create noise levels for more than five minutes in any hour that exceed those shown on the following table.
Maximum Noise Levels
Zoning classification
Maximum Noise Level (dBA)
Maximum nighttime noise level (dBA) 9:00 p.m. to 7:00 a.m.
At property line
At residential district boundary
At residential district boundary
RS, RS-1
65
65
50
R-1, R-2, R-3, R-4
50
C-, C-2, C-3, C-4   
65
60
50
C-5, I-1, I-2, I-3
70
60
50
Mixed use
65
60
50
Public/institutional
65
60
50
 
         (b)   Noise that is produced for no more than a cumulative period of five minutes in any hour may exceed the above standards by a maximum of five dBA, except between the hours of 9:00 p.m. to 7:00 a.m.
         (c)   Noise that is produced for no more than a cumulative period of one minute in any hour may exceed the above standard by ten dBA, except between the hours of 9:00 a.m. and 7:00 a.m..
         (d)   Mechanical and electrical equipment shall provide adequate shielding and baffling so that noise levels from such equipment will not exceed the above noise levels.
         (e)   Noise shall be measured with a sound level meter that meets the standards of the American National Standards Institute. Noise levels shall be measured in decibels on a sound level meter using the A-weighted filter network (dBA). Calibration checks of the instrument shall be made at the time any noise measurement is made.
         (f)   Occasional sounds generated by public safety vehicles, tornado warning systems, railroad equipment, agricultural equipment, and similar activities are exempt from these standards.
      (2)   Odor. Except in the RS District, no continuous, frequent, or repetitive odors that are perceptible on or beyond adjacent property lines are prohibited. An odor detected no more than a total of 15 minutes in any one day shall not be deemed to be continuous, frequent, or repetitive.
      (3)   Sewage disposal. Plans and specifications for proposed sewage disposal facilities shall be submitted to and a written approval obtained from the Indiana Department of Environmental Management or other agency having jurisdiction over such system.
      (4)   Storm drainage. For all development other than a one- or two-family dwelling, plans and specifications for proposed storm drainage facilities shall be certified by a registered engineer and submitted to and written approval obtained from the Board of Public Works and Safety.
   (B)   Use of lots. In any district, no more than one primary structure and its customary accessory uses shall be located on a single lot; except that primary structures designed and platted as a single unit under single ownership and control, such as a multifamily residential project or commercial center are permitted on a single lot.
   (C)   Access and frontage. Every building hereafter erected or moved shall be located on a lot with frontage and access on a public street, or with frontage and access to an approved private street or access easement, and all buildings shall be so located on lots as to provide for safe and convenient access, on-site circulation, fire protection, and required off-street parking.
   (D)   Storage. No portion of any required yard shall be used for the permanent storage of motor vehicles, trailers, airplanes, boats or parts thereof or of any rubbish, garbage, junk, tent or building materials, except during construction and in accordance with the terms of this chapter. Permanent storage for purpose of this section shall be construed as the presence of such storage for a period of 48 consecutive hours in any one-week period.
   (E)   Intersection visibility.  
      (1)   A clear line of sight between a height of 2.5 feet and eight feet above the centerline grades shall be maintained within 15 feet of all rights-of-way.
      (2)   At intersecting streets and drives nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision within the "visibility triangle" (See figure on following page). The "visibility triangle" is hereby established as follows:
Sight Distance Restrictions at Intersections
         (a)   For corner lots, the triangle is defined as the area formed by connecting a point 20 feet from the intersection of the right-of-way lines.
         (b)   When a driveway or alley intersects with a local or collector street, the visibility triangle is formed by the center lines of the driveway or alley and the street and a line connecting points 18 feet for driveways and alleys and 75 feet for local and collector streets.
         (c)   When a driveway or alley intersects with an arterial street, the visibility triangle is formed by the center lines of driveways, alleys and streets and a line connecting points 18 feet for driveways and alleys and 160 feet for arterial streets. (See figure on following page.)
Sight Triangle for Driveway for Alley
      (3)   Notwithstanding (E)(1), above, plantings, structures and other improvements may be permitted within the visibility triangle if the city engineer makes a determination that such improvement will not impede visibility.
      (4)   Plantings, structures and other improvements within the visibility triangle shall be reviewed and approved by the City Engineer where road intersections or driveway/alley access points occur at angles other than 90o or where the slope of the cross street exceeds 3%.
      (5)   The provisions of this section shall not apply to official warning signs or signals necessary to the public safety.
(Ord. 17, 2006, passed 11-27-2006)

§ 157.052 STANDARDS FOR CONDUCT OF USES IN RESIDENTIAL DISTRICTS.

   (A)   Residential uses.
      (1)   Dwelling units.
         (a)   Residential dwelling units shall be used only as living quarters and shall not be used for business purposes except for home-based businesses meeting the standards of this chapter.
         (b)   Every dwelling unit shall be set on a permanent ground-set foundation which shall include an exterior wall of stone, concrete, brick, or masonry product.
         (c)   Each single-family dwelling shall comply with the following standards:
            1.   The dwelling shall be at least 24 feet wide at its narrowest dimension.
            2.   The primary entrance to a dwelling shall be facing the street, unless otherwise required for handicap access.
            3.   The roof pitch shall not be less than 5:12.
            4.   The dwelling unit shall be set on a permanent ground set foundation which shall include an exterior wall of stone, concrete, brick, or other masonry product, or any material complying with the Indiana Building Code.
            5.   The dwelling shall include a minimum of three of the following:
               a.   Covered porch;
               b.   Deck;
               c.   Use of more than one exterior material or color along the front of the home;
               d.   Covered front doorway;
               e.   Recesses, projections or significant offsets in wall plane;
               f.   Bay window or dormer;
               g.   Shutters; and
               h.   Change in roof plane.
         (d)   Any manufactured home that does not comply with the criteria in § 157.087 shall be permitted only in manufactured home parks or manufactured home subdivisions as specified in this section.
      (2)   Rooming house.
         (a)   The property owner shall reside on the premises.
         (b)   No separate structures, garages, or outbuildings shall be used as boarding rooms.
         (c)   Bathroom(s) and kitchen shall be accessible without exiting the dwelling and reentering through another door.
         (d)   Parking shall comply with § 157.086.
   (B)   Business uses.
      (1)   Bed and breakfast use.
         (a)   There shall be a maximum of five guest rooms in a bed and breakfast use.
         (b)   In RS districts, there shall be one off-street parking space for each guest room plus two off-street parking spaces for the owners or operators of the bed and breakfast use.
         (c)   The operator of the bed and breakfast use shall reside within the dwelling containing it.
         (d)   Breakfast shall be served only to guests staying on the premises, not to the general public.
         (e)   Bed and breakfast uses may offer occasional special events only if the Board of Zoning Appeals grants a conditional use permit for such uses. The permit shall state the limitations and requirements relating to the use.
      (2)   Home-based business. See § 157.096.
      (3)   Campground or recreational vehicle park.
         (a)   See § 157.055, Kennel.
         (b)   Outdoor runs or any other facility not within an enclosed building shall be set back at least 200 feet from each property line abutting a residential district or an institutional use, and, at least 50 feet from any other property line.
   (C)   Institutional uses.
      (1)   Religious facility. Religious facilities shall comply with all development standards of this chapter, including but not limited to lot size, setbacks, and off-street parking.
      (2)   Park or recreational facility. A park or recreational facility that is approved as part of a subdivision plat does not require Board of Zoning Appeals approval but instead is subject to any conditions imposed by the Plan Commission as part of the subdivision approval.
(Ord. 17, 2006, passed 11-27-2006)

§ 157.053 STANDARDS FOR CONDUCT OF USES IN BUSINESS DISTRICTS.

   (A)   Development plans. All development of commercial centers or structures larger than 20,000 square feet in business districts is subject to development plan approval, as provided in § 157.032.
   (B)   Residential uses. In the C-1 and C-4 districts, single-family residences are permitted only in the same building with one or more commercial uses. In the C-2, C-3, and C-5 districts, detached single-family residences are allowed only as accessory uses to commercial uses, such housing for on-site managers or security personnel (§ 157.055, Accessory uses).
   (C)   Establishment size. In the C-1 district, no individual establishment may exceed 8,000 square feet of gross floor area.
   (D)   Manufactured homes. Structures designed as manufactured homes shall not be used as commercial structures unless they are located within manufactured home parks or manufactured home subdivisions.
(Ord. 17, 2006, passed 11-27-2006)

§ 157.054 STANDARDS FOR CONDUCT OF USES IN INDUSTRIAL DISTRICTS.

   (A)   Environmental compliance. All uses shall comply with all federal and state environmental standards and regulations.
   (B)   Development plan. Industrial development in the I-3 district or any industrial building larger than 40,000 sq. ft. in the I-1 or I-2 district is permitted only in accordance with a development plan approved pursuant to § 157.032.
   (C)   Storage. All materials shall be stored within buildings or screened from view.
      (1)   Outdoor storage is permitted provided that the storage area is screened with an opaque fence or landscaping. Opaque fencing shall be composed of wood, masonry, or an equivalent synthetic material. Chain link fences with opaque slats are not permitted. No materials or objects shall be stored outside of the fence, and no materials or objects shall extend above the fence.
      (2)   Outdoor display of and sale of products is permitted, provided that the display and sales area is approved as part of the development plan required under § 157.032.
      (3)   Junkyards shall be screened from view from all streets and all neighboring properties. Screening shall include an opaque fence that is at least six feet and not more than nine feet high. No materials or objects shall be displayed or stored outside of the fence, and no materials or objects shall extend above the fence.
(Ord. 17, 2006, passed 11-27-2006)

§ 157.055 ACCESSORY USES.

   Accessory uses shall be permitted in all zone districts in accordance with the sections of this chapter. In order to further the objectives of the Comprehensive Plan, to promote public safety and general welfare, and to encourage the development and maintenance of attractive residential, commercial, industrial, and open space areas, limitations are placed on the nature, bulk, height, extent, and placement of accessory uses.
   (A)   General requirements. Accessory uses shall meet the following criteria:
      (1)   The use shall be incidental and subordinate to and commonly associated with the operation of the primary use of the lot.
      (2)   An accessory use shall be operated and maintained under the same ownership or control and on the same lot as the primary use. When a platted lot or other lot described by deed as a single parcel is interrupted by a right-of-way, the principal building and accessory building may be on noncontiguous parcels, provided that the parcels would be contiguous if the right-of-way were disregarded. Such parcels may not be sold separately but shall in perpetuity be considered as single lots, unless they are subdivided through the platting process in accordance with the Seymour Subdivision Control Ordinance.
      (3)   Accessory uses shall be clearly subordinate in height, area, bulk, extent and purpose to the primary use served.
      (4)   All accessory uses shall comply with the setback requirements of this chapter, unless the accessory use is listed as exempt.
      (5)   Accessory uses shall not be established prior to the primary use, unless a temporary permit is obtained in accordance with § 157.056.
      (6)   The accessory uses shown on the following tables are permitted as indicated, subject to the additional provisions and limitations contained in this section. This list is not all-inclusive, and uses the staff deems similar or equivalent are to be treated in like manner to those listed. A staff decision under this section may be appealed to the Board of Zoning Appeals.
   (B)   Permitted accessory uses.
       (1)   Residential districts.
   Permitted Accessory Uses Residential Districts
   P = Permitted, C = Conditional use
 
Use
RS, RS-1
R-1
R-2
R-3
R-4
Accessory apartment
C
C
P
Garage, carport
P
P
P
P
P
Clubhouse or community building
P
P
C
P
Convenience store
C
P
Patio, canopy, deck, porch
P
P
P
P
P
Parking space for RV or commercial vehicle
P
P
P
P
P
Use
RS, RS-1
R-1
R-2
R-3
R-4
Use
RS, RS-1
R-1
R-2
R-3
R-4
Cabana, bathhouse, playhouse
P
P
P
P
P
Storage shed
P
P
P
P
P
Greenhouse
P
P
P
Guesthouse
C
C
C
Play equipment, gazebo, doghouse
P
P
P
P
P
Swimming pool, tennis court
P
P
P
P
P
Amateur radio antenna
P
P
P
Stable or riding facility
C
Pet kennel
C
Management office, laundry
C
P
C
P
 
      (2)   Commercial districts.
 
Use
C-1
C-2
C-3
C-4
C-5
Antenna
P
P
P
P
P
Caretaker dwelling
P
P
P
Drive-through window
P
P
P
P
P
Enclosed storage
C
P
P
C
P
Outdoor retail sales
P
P
C
P
Wireless communication
C
C
C
C
C
 
Use
C-1
C-2
C-3
C-4
C-5
Tower
Other use customarily associated with and subordinate to a permitted use
P
P
P
P
P
 
      (3)   Industrial districts.
Use
I-1
I-2
I-3
Use
I-1
I-2
I-3
Antenna
P
P
P
Caretaker dwelling
P
P
P
Child care facility for company employees
P
P
P
Enclosed storage
P
P
P
Outdoor storage
C
P
P
Office
P
P
P
Retail sales of company products
P
P
P
Wireless communication tower
C
C
C
Other use customarily associated with and subordinate to a permitted use
P
P
P
 
   (C)   Accessory use standards. 
      (1)   General.
         (a)   Fences and walls.
            1.   Ornamental fences, walls and structural screens may be permitted in any required side or rear yard or setback distance; in accordance with the accessory structure height requirements of the respective zone district. Ornamental fences, walls and structural screens may be permitted in any required front yard in accordance with the accessory structure height requirements of the respective zone district; provided, that no fence, wall, or structural screen in a front yard toward which a structure is oriented may be allowed to exceed 42 inches in height. The height shall be determined by measurement perpendicular from the nearest ground level.
            2.   Nothing contained in this section shall be deemed to prohibit the erection or maintenance of an open fence in connection with agricultural uses, recreation use or the public safety or a security fence in nonresidential districts.
            3.   The provisions of this section shall not apply to retaining walls.
      (2)   Residential districts.
         (a)   Garages and carports shall be used only for the storage of vehicles and equipment that are clearly incidental and subordinate to the residential use. In these districts, open off-street motor vehicle parking and loading areas are permitted, provided, that not more than one such space shall be provided for a commercial vehicle of more than three-ton manufacturer's rating.
         (b)   Clubhouses or community buildings shall be for use by residents of the neighborhood or subdivision in which they are located and not available to the general public.
         (c)   Convenience stores shall be for use only by residents of the multifamily dwelling development or manufactured home park in which they the store is located. Such stores shall be oriented to the interior of the development and shall not be so located or designed as to draw the attention of non-residents.
         (d)   No more than two recreational vehicles may be stored in the open. In districts allowing residences, recreational vehicles stored in the open must be placed in a side or rear yard.
         (e)   In the R-1 and R-3 districts, greenhouses shall not be larger than 200 square feet in area and shall not be used for commercial purposes.
         (f)   Amateur radio sending and receiving antennae, including masts, shall not exceed 100 feet measured from finished lot grade.
         (g)   Signs shall comply with the requirements of § 157.055.
         (h)   Swimming pools shall comply with all Indiana safety regulations.
         (i)   Apartment management offices and other facilities normally associated with tenants' convenience shall be only for the use of residents of the multifamily complex. There shall be no exterior display, and the facilities shall not be available to the general public.
         (j)   Unless otherwise stated in this chapter, standards for accessory uses allowed only as conditional uses shall be subject to those standards deemed appropriate by the Board of Zoning Appeals.
      (3)   Commercial districts.
         (a)   Antennas associated with the operation of the business are permitted. Antennas for other businesses, such as wireless communication towers, shall be permitted only in accordance with § 157.115. Wireless communication towers as accessory uses must be one of the following:
            1.   An alternative tower structure as defined in § 157.115;
            2.   Co-located with an already existing telecommunications facility.
            3.   Located on the roof of an associated principal building provided the telecommunications facilities do not exceed the maximum height in the zone district by a more than 20 feet.
         (b)   Caretaker dwellings are restricted to occupancy by a person employed on the premises.
         (c)   Storage and display.
            1.   All materials shall be stored within buildings or screened from view.
            2.   In the C-1 and C-4 districts, there shall be no outdoor storage of equipment or goods. Outside display of items for sale is permitted, provided that such display does not block public sidewalks and does not occupy an area greater than 5% of the floor area of the building.
            3.   In the C-2, C-3, and C-5 districts, outdoor storage is permitted provided that the storage area is screened with an opaque fence or landscaping. Opaque fencing shall be composed of wood, masonry, or an equivalent synthetic material. Chain link fences with opaque slats are not permitted.
         (d)   Drive-through windows.
            1.   Drive-through windows shall comply with the standards for stacking spaces in § 157.085(H)(1) and the on-site traffic circulation shall be approved by the city engineer.
            2.   In the C-1 and C-3 Districts, drive-through windows are permitted in business districts only if the drive-through arrangement is approved as part of the Development Plan required under § 157.054.
      (4)   Industrial districts.
         (a)   Antennas associated with the operation of the business are permitted. Antennas for other businesses, such as wireless communication towers, shall be permitted only in accordance with § 157.115.
         (b)   Caretaker dwellings are restricted to occupancy by a person employed on the premises.
         (c)   Child care is restricted to family members of persons employed on the premises and shall not be available to the general public.
         (d)   All materials shall be stored within buildings or screened from view with an opaque fence or landscaping. Opaque fencing shall be composed of wood, masonry, or an equivalent synthetic material. Chain link fences with opaque slats are not permitted. The height of stored materials shall not exceed the height of the opaque screen. Company products may be displayed outdoors provided that such display does not occupy an area greater than 1,000 square feet.
         (e)   Offices are permitted only as accessory to the principal use on the premises, and not as separate uses.
(Ord. 17-2006, passed 11-27-2006)

§ 157.056 TEMPORARY USES.

   (A)   Permitted uses. Temporary uses are permitted, subject to the time limits and regulations contained in this section. Permitted temporary uses include those listed below.
      (1)   Manufactured home as a temporary residence to house a person in need of care on the same lot with another dwelling. The manufactured home must be located in the side or rear yard, and it must be used either as a residence for a person acting as a care-provider for someone living in the other dwelling unit, or by a person who is being cared for by someone living in the other dwelling unit on the parcel. At least one of the occupants must be over the age of 65, or in ill health or at a level of dependency where on-site care is necessary, as certified by a physician. After a two-year period, the petitioner must update documentation of the continuing medical condition to staff. The manufactured home must be removed as soon as it is no longer needed for the care arrangement. Such manufactured home shall have an approved sewage disposal system and be provided with perimeter skirting.
      (2)   Manufactured home as temporary housing while a permanent dwelling is being constructed, reconstructed, or undergoing a major renovation, for a maximum of two years.
      (3)   Temporary office, model home or model apartment and incidental signs thereof, both incidental and necessary for the sale, rental or lease of real property in the zone district for a maximum of 18 months.
      (4)   Construction of an accessory structure prior to the primary use, only if a building permit has been issued for the principal use. The maximum time the accessory structure may be used prior to issuance of a certificate of occupancy for the principal use is six months.
      (5)   Noncommercial concrete batching plant incidental and necessary to construction, for a maximum of 18 months.
      (6)   Temporary building or yard for construction materials and equipment, both incidental and necessary to construction for a maximum of 18 months.
      (7)   Special event (such as a festival or carnival) for a maximum of 30 days.
      (8)   Bazaars, carnivals, rummage or garage sales and similar temporary uses, for a maximum of ten days in any calendar year.
      (9)   Sale of Christmas trees or other seasonal items for a maximum of 60 days.
      (10)   Parking of recreational vehicles in agricultural or residential areas for visitation for a maximum of 15 days. Parking of such vehicles for short-term occupancy in non-residential districts is prohibited.
      (11)   Construction trailers as a temporary office during the period of construction and development.
      (12)   A recreational vehicle may be used for the following temporary purposes:
         (a)   A public health program sponsored by a public health department.
         (b)   A program sponsored by any unit of government.
         (c)   A carnival or other public affair or function authorized by proper authority.
      (13)   Other similar uses deemed temporary by the staff and attached with such time period, conditions and safeguards as the staff may deem necessary.
   (B)   Standards, prohibitions and restrictions.
      (1)   Adequate access and off-street parking facilities shall be provided, and the use shall not interfere with traffic movement on adjacent streets.
      (2)   No public address systems or other noise producing devices shall be permitted in a residential district. These systems are permitted for auctions in any district where auctions are permitted.
      (3)   Any floodlights or other lighting shall be directed upon the premises and shall not be detrimental to adjacent properties.
      (4)   The lot shall be put in clean condition, devoid of temporary use remnants upon termination of the temporary period
(Ord. 17, 2006, passed 11-27-2006)

§ 157.057 STOREFRONT FIRST-FLOOR RESIDENCIES.

   (A)   Purpose. To prohibit use of the storefront portion of the first-floor of any structure in the Downtown Business District from use and occupancy as a residence or living area.  
   (B)   Definitions.  
      DOWNTOWN BUSINESS DISTRICT.  Restricted areas shall include the geographic area bounded by Fourth Street on the North, Ewing Street on the East, Bruce Street on the South, and Pine Street on the West.
   (C)   Use in Downtown Business District prohibited. No person shall use the storefront portion of the first-floor of any structure in the Downtown Business District, commonly designated C-4, Central Business District, as a residence or living area.
      (1)   The Zoning Code provides that the Central Business District is intended as a traditional center of commerce for the city. This district is characterized by traditional downtown developmental patterns and uses, including buildings located close to the street, pedestrian orientation, financial and governmental centers, retail and entertainment uses.
      (2)   Use of the storefront portion of the any such structure as a residence or living area, within C-4, Central Business District, is hereby prohibited.
      (3)   The Board of Zoning Appeals of the city is specifically prohibited from granting variances from this section, nor shall it grant a conditional use.
   (D)   Enforcement. This section shall be enforced by the authorized Ordinance Administrator.
(Ord. 5, 2007, passed 3-26-2007) Penalty, see § 157.999