The residential district regulations are intended to govern the location, intensity and method of development of the residential area of the City of Warsaw. The regulations of each district are designed to provide for the protection of existing residential areas and to provide for new residential growth in the community. High and medium density residential development should relate directly to the central business district and to primary thoroughfares, linking these areas with industry and commercial centers. Lower density residential development should be located on the fringe or outlying areas. It is the intent of the ordinance to establish the following residential districts and regulations to implement and be consistent with the design and density objectives of the community.

Table 3. Residential Uses and Requirements - One Family Dwelling

* 25 feet where yard adjoins a lake or waterway

1 - Or ten percent of lot width

2 - If the front setback has not been established on a recorded subdivision plat and where 25 percent or more of the lots in a block are occupied by structures, the front setback will be determined by the average setback of such structures, however the setback need not exceed the minimum for the existing zoning district.

3 - The depth to width ratio of the useable area of a lot shall not be greater than three to one except by approval of the board of zoning appeals after a public hearing. (All districts)

4 - Residential in commercial areas including single-family, duplexes and multifamily units shall be permitted in the C-2 and C-3 zone districts, provided that they meet the requirements as set forth in R-3 Residence Districts.

5 - On a corner lot, the side yard facing the street shall not be less than 15 feet. (All Districts)

Table 4. Residential Uses and Requirements - Duplex and Multifamily Dwellings

1 - The depth to width ratio of the useable area of a lot shall not be greater than three to one except by approval of the board of zoning appeals after a public hearing.

2 - Residential in commercial areas including single-family, duplexes and multifamily units shall be permitted in the C-2 and C-3 zone districts, provided that they meet the requirements as set forth in R-3 residence districts.

3 - The R-3 setback requirements for front, side and rear yards shall be one-half of the building height; however, in no instances shall the front and rear yards be less that 25 feet, and the side yards less than 15 feet.

4 - On a corner lot, the side yard facing the street shall not be less than 15 feet.

(Ord. No. 2006-06-02, § 3, 6-5-2006)

12.0.1.1.

Description of district. This [R-1] district is the most restrictive of the residential districts and includes the low density single-family residential areas of the city and those open areas where similar residential development appears to be likely to occur. The intent of this [R-1] district is to provide for an environment of predominantly low density single-family development with certain additional uses such as schools, parks and other public uses which serve the residents living in the area.

12.0.1.2.

Development standards. See Table 3 for the development requirements of this [R-1] district. Also see general provisions for residential districts within this section (see [section] 12.0.4).

(Ord. No. 2006-06-02, § 3, 6-5-2006)

12.0.2.1.

Description of district. This [R-2] district consists of certain medium-density residential area representing a compatible commingling of single-family, two-family, garden apartments and multifamily dwellings. It includes existing areas of the city and other areas where similar residential development appear likely to occur.

The intent of this [R-2] district is to provide for an environment of medium density dwellings with related uses and certain public uses which serve the residents living in the district. Apartment complexes, with corresponding proportions of open space, may be developed in this [R-2] district under the prescribed standards of density and open space.

12.0.2.2.

Development standards. See Tables 3 and 4 for the development standards for this [R-2] district.

12.0.2.3.

Additional requirements. A development plan shall be submitted to the plan commission for review and approval prior to issuance of any building permit for multifamily structures according to the provisions in section 13.6 of this ordinance.

12.0.3.1.

Description of district. This [R-3] district provides for high density residential areas within the community. The intent of this district is to create a predominantly residential environment for all types of residential structures, in addition to schools, parks, public facilities and other uses which serve the residents of the [R-3] district. Professional offices and some commercial uses, serving the neighborhood, will be permitted. This [R-3] district should relate to the central business district and to primary thoroughfares providing access to site and to other areas of the community.

12.0.3.2.

Development standards. See Tables 3 and 4 for the development standards for this [R-3] district.

The following provisions are applicable to all residential uses permitted in the residence districts:

12.0.4.1.

Accessory structures. Accessory structures may be allowed in all districts in accordance with this section.

a.

Accessory buildings, defined as a structure at least six feet in height and 30 square feet in area:

1.

Shall be incidental to, subordinate to, and commonly associated with the operation of the principal use of the lot.

2.

Shall be operated and maintained under the same ownership and on the same lot, or adjoining lots, as the principal use. If the accessory building is on an adjoining lot, the owner shall provide a restrictive covenant, which stipulates that the adjoining lots will not be sold separately from each other. The restrictive covenant shall be recorded at the Kosciusko County Recorder's Office. A copy of the recorded document must be provided to the plan director before the issuance of an improvement location permit.

3.

Shall meet the following height, size, and setback regulations:

(i)

Residential districts:

1)

The height of the structure shall be limited to 18 feet; however, no such structure shall be taller than the principal building.

2)

The total size of all permitted structures shall be no larger than 7% of the lot size. Also, structures shall not be limited to less than 720 square feet.

3)

A detached accessory building shall not be located closer to the front property line than the principle structure or nearest adjacent principle structure.

4)

Setbacks from property line as follows:

5)

The accessory building shall be used for the storage of personal property only and shall not be used for any commercial or industrial purpose.

6)

No more than two freestanding accessory buildings shall be permitted per zone lot.

(ii)

Commercial and industrial districts:

1)

The height, size, and setback regulations for accessory buildings are the same as for principal buildings. Refer to Table 5 of this appendix.

4.

Shall not be permitted before the erection and operation of the principal use, except as a temporary use as permitted in section 4.4.

5.

Shall require an improvement location permit, except as otherwise provided in section b. below.

6.

Shall be subject to review by the city stormwater department.

b.

Exceptions.

1.

Accessory buildings not on a permanent foundation are exempt from an improvement location permit, but must meet the other regulations of section 12.0.4.1.

2.

Minor accessory structures including, but not necessarily limited to, sidewalks, driveways, curbs, mail boxes, nameplates, lamp posts, and landscaping are not subject to setbacks and shall not require a permit.

3.

No setbacks for boathouses when located on the water's edge.

4.

Open frame porches, decks, and patios may be located in the front yard with a setback of ten feet from the property line if attached to the principle structure.

(i)

Steps and wheel chair ramps shall not be required to meet the setback requirement, but must meet vision and clearance regulations in section 3.5.

5.

Retaining walls and drainage installations shall require a permit.

12.0.4.2.

Through lot: In the case of through lots or double frontage lots, the front yard setback requirements shall be observed on both streets. Access to the lot shall only be permitted from the streets on which the building fronts.

12.0.4.3.

Where 25 percent or more of the lots in a block are occupied by buildings, the average setback of such buildings determines the dimensions of the front yard in that block; however, the setback need not exceed 40 feet nor be less than 25 feet.

12.0.4.4.

Front yard or setback lines established in recorded subdivisions establish the dimensions of front yards in such blocks, except when such setback lines may be less restrictive as provided in [district] I-3.

12.0.4.5.

Additional requirements: A development plan shall be submitted to the plan commission for review and approval prior to issuance of any building permit for multifamily and office structures according to the provisions in section 13.6 of this ordinance.

Table 5. Commercial and Industrial Requirements

12.0.4.6.

Manufactured, modular, and mobile homes.

a.

Manufactured homes shall be permitted in any of the residential districts, as long as they meet the following conditions:

1.

Minimum roof pitch of 4/12;

2.

All exterior walls, bearing walls, columns and piers shall be supported on continuous solid masonry or concrete footings and concrete or wood foundations. Foundations shall extend not less than the frost line depth of 36 inches below finished grade. Footing sizes are based on soil with an allowable soil pressure of 2,000 pounds per square foot. Footings on soil with a lower allowable soil pressure shall be designed in accordance with accepted engineering practices. Footing projections shall not exceed the footing thickness;

3.

8-inch roof overhang, exclusive of gutters, on all roof ends and edges, minimum;

4.

Removal of any towing hitch, axles and wheels;

5.

Minimum square footage of 950 square feet of occupied space and constructed in more than one section;

6.

Utilities connected [in] conformance with the 2000 Indiana One and Two Family Dwelling Code and with the manufacturer's installation specifications;

7.

Constructed after January 1, 1981;

8.

Exterior materials compatible with exterior materials on other residential structures in the immediated neighborhood (i.e. roofing material, vinyl siding, aluminum siding, brick facing).

b.

Modular homes shall be permitted in any of the residential districts.

c.

Mobile homes shall not be permitted on any lot in any of the residential districts except as permitted in mobile home/manufactured home communities and subdivisions as set forth in section 13.9.

(Ord. No. 01-01-02, § 3, 2-19-2001; Ord. No. 2002-02-04, § 3, 2-18-2002; Ord. No. 2002-07-05, §§ 1, 2, 8-5-2002; Ord. No. 2015-05-02, § 3, 6-1-2015; Ord. No. 2025-05-02, § 3, 5-19-2025)

The commercial district regulations are intended to govern the location, intensity, and method of development of the business and commercial uses needed to serve the citizens of Warsaw and its trade area. The regulations of each district are designed to provide for groupings of business and commercial uses that are compatible in scope of services and method of operations including small retail centers to serve the needs of residential neighborhoods. All business uses are contained in the following commercial district classifications.

A [M-1] medical district shall be established for which the predominant use shall be medical and professional health care services, and other specified commercial uses, to be permitted in said medical district.

12.1.1.1.

Development standards. See Table 5 for the development standards for this [M-1] district.

12.1.1.2.

Permitted uses. See Table 1 for the listing of allowable uses [in the M-1 district].

12.1.1.3.

Restrictions of structures and activities.

a.

Individuals and/or entities occupying structures within the M-1 zoning district must be directly related to the health care industry.

b.

In addition to professions cited in Table 1, the following professions shall be considered as being directly related to the health care industry: psychologists, social workers, occupational therapists, nutritionists, social services, home health care services, patient screening services, reference laboratories, speech therapists, hearing clinics, and appropriately qualified individuals or entities offering prenatal classes, diabetic instruction, sibling classes, nonsmoking classes, weight reduction classes and cardio-pulmonary resuscitation classes.

c.

The immediately preceding paragraph shall not be considered to have put forth a mutually exclusive listing of individuals or entities to be allowed to occupy structures located within said M-1 zoning district within the City of Warsaw.

12.1.1.4.

Additional requirements. A development plan [for the M-1 district] shall be submitted to the plan commission for review and approval prior to issuance of any building permit according to the provisions in section 13.6 of this ordinance.

Cross reference— Businesses, ch. 18.

12.1.2.1.

Description of district. The C-2 general business district is intended to provide areas to be used for certain types of retailing uses and certain service uses along with wholesale and warehousing uses that are normally associated with commercial uses.

12.1.2.2.

Development standards. See Table 5 for the development standards for this [C-2] district.

12.1.2.3.

Additional requirements. A development plan [for the C-2 district] shall be submitted to the plan commission for review and approval prior to issuance of any building permit according to the provisions in section 13.6 of this ordinance.

Cross reference— Businesses, ch. 18.

12.1.3.1.

Description of district. The C-3 arterial commercial district is intended to provide areas for uses which often require large spaces. The market area for these uses extends beyond that of the local community and also includes the motoring clientele or passerby traffic. This [C-3] district should be located along major arterials where adequately sized parcels of land allow for greater setbacks, clear vision and which provide safe ingress and egress.

12.1.3.2.

Lot size; development standards. See Table 5 for the development standards for this [C-3] district.

12.1.3.3.

Additional requirements. A development plan [for the C-3 district] shall be submitted to the plan commission for review and approval prior to issuance of any building permit according to the provisions in section 13.6 of this ordinance.

Cross reference— Businesses, ch. 18.

12.1.4.1.

Description of district. The C-4 CBD commercial district is intended to provide areas for the major retail commercial uses serving the community and the general market area of the City of Warsaw. A combination of retail services and commercial, office, professional, financial, governmental and upper floor residential uses shall be permitted. The provisions of this chapter are intended to encourage renewal activities and restore the central business district as a viable major retail center within the community.

12.1.4.2.

Development standards. See Table 5 for the development standards for this [C-4] district.

12.1.4.3.

Additional requirements. The following additional requirements shall apply to all uses in this [C-4] district.

a.

Residential uses in commercial structures in this [C-4] district shall not be located on the first or ground floor area of the commercial establishment.

b.

Residential uses in commercial structures in this [C-4] district will include single-family, double-family, and multifamily units. Multifamily will consist of units up to a fourplex.

c.

Parking requirements. All uses in this [C-4] district, except residential uses as permitted in [section] 12.1.4.3.a. and b., shall be exempt from the parking requirements as set forth in [section] 13.0. Residential uses in this [C-4] district may also be exempt from the parking requirements provided the property owners have verified with the plan department that one off-street parking designation per apartment has been secured in a downtown parking lot prior to occupancy in the apartment.

d.

New individual residential structures [in the C-4 district] on an undeveloped or redeveloped lot must meet requirements of [the] R-3 district.

e.

A development plan [for the C-4 district] shall be submitted to the plan commission for review and approval prior to issuance of any building permit according to the provisions in section 13.6 of this ordinance.

f.

Any sign, awning, canopy, marquee, overhang or other roof-like structure [in the C-4 district] may be permitted to encroach up to four feet into/over the public sidewalk so long as the structure conforms with all other sections of the zoning ordinance. This provisions [sic] applies to the street side only, when at least eight feet of public sidewalk is present. Before a building or sign permit may be issued, an encroachment agreement must be approved by the City of Warsaw board of public works and safety.

(Ord. No. 99-7-3, § 3, 7-15-1999)

Cross reference— Businesses, ch. 18.

12.1.5.1.

Description of district. The C-5 special commercial district is intended to provide areas for the coordinated development of compatible retail and service establishments sharing some common highway entrances, parking areas and a common marketing theme. A combination of retail, services, commercial and professional uses shall be permitted. It is the intent of this [C-5] district to allow for the orderly development and expansion of major retail interests without damaging the growth and renewal of the central business district.

12.1.5.2.

Development standards. See Table 5 for the development standards for this [C-5] district.

12.1.5.3.

Additional requirements. A development plan [for the C-5 district] shall be submitted to the plan commission for review and approval prior to issuance of any building permit according to the provisions in section 13.6 of this ordinance.

Cross reference— Businesses, ch. 18.

The industrial district regulations are intended to govern the location, intensity and method of development of the industrial areas in the City of Warsaw. The regulations are designed to provide for the grouping together of industries that are compatible to the community as a whole. The regulations preserve lands for industrial and allied uses and prohibit the intrusion of residential and other noncompatible, uses into the industrial area. All industrial uses are contained in the following districts.

12.2.1.1.

Description of district. The I-1 limited industrial district is intended to provide lands for the development by industrial firms that have high standards of performance and that can locate in close proximity to residential and business uses. The [I-1] district's regulations are designed to permit the operations of most manufacturing, wholesaling and warehousing activities with adequate protection to adjacent district uses and sufficient control of external effects to protect one industry from another. Some retail uses that service the industrial uses within the area will be permitted. No outdoor storage is allowed in this [I-1] district and all other industrial operations must be in an enclosed building.

12.2.1.2.

Limited industrial uses. Generally, a limited industrial use and its related operations are confined to enclosed buildings; it does not use the open area around such buildings for storage of raw materials or manufactured products for loading and unloading operations; and which is not noxious or offensive by reason of emission of smoke, dust, fumes, gas, odors, noises or vibrations beyond the confines of the building. Wholesaling and warehousing activities shall be included in the [I-1] district.

12.2.1.3.

Development standards. See Table 5 for the development standards for this [I-1] district.

12.2.1.4.

Additional requirements. A development plan [for the I-1 district] shall be submitted to the plan commission for review and approval prior to issuance of any building permit according to the provisions in section 13.6 of this ordinance.

Cross reference— Businesses, ch. 18.

12.2.2.1.

Description of district. The I-2 light industrial district is intended to provide lands for development by most general types of industrial firms. The regulations are designed to permit operations in a clear and quiet manner and to protect adjacent district uses and industries within the [I-2] district. Residential uses are prohibited in this district to conserve and protect the supply of industrial land for industrial use.

12.2.2.2.

Light industrial uses. A light industrial use [in the I-2 district] is one which requires both buildings and open area for the manufacturing, fabrication, processing, light repairing, dismantling, storage or disposal of raw materials, manufactured products or wastes, which are not injurious to health or safety of humans or injurious to vegetation and which are not noxious or offensive by reason of the emission of smoke, dust, fumes, gas, odors, noises or vibrations beyond the limits of the premises upon which such industry is located.

12.2.2.3.

Development standards. See Table 5 for the development standards for this [I-2] district.

12.2.2.4.

Additional requirements. A development plan [for the I-2 district] shall be submitted to the plan commission for review and approval prior to issuance of any building permit according to the provisions in section 13.6 of this ordinance.

Cross reference— Businesses, ch. 18.

12.2.3.1.

Description of district. The I-3 heavy industrial district is intended to provide lands for use by heavy or intense industries. The [I-3] district is designed primarily for the manufacturing, assembling, and fabricating activities including large scale or specialized operations whose external effects will extend to some degree into the surrounding districts.

12.2.3.2.

Heavy industrial uses. A heavy industrial use [in the I-3 district] normally requires large buildings or several related or connected buildings and large open areas for manufacturing, fabricating, processing, heavy repair, dismantling, storage or disposal of raw materials, manufactured products or wastes which are not injurious to the health or safety of humans or injurious to vegetation. Less concern and restrictions are placed upon outdoor uses and storage, although such uses shall conform to state and local health standards. Uses, with established functions in the economy, although comprising a nuisance, shall be permitted in this district providing they have not been declared a public nuisance in any court of record.

12.2.3.3.

Development standards. See Table 5 for the development standards for this [I-3] district.

12.2.3.4.

Additional requirements. A development plan [for the I-3 district] shall be submitted to the plan commission for review and approval prior to issuance of any building permit according to the provisions in section 13.6 of this ordinance.

Cross reference— Businesses, ch. 18.

The list of permitted uses is a general listing of those uses and types of uses which are likely to occur in each of the districts.

12.3.1.

Interpretation. In the interpretation of the Table of Permitted Uses, where a use is not specifically listed in the table, its status under this section shall be determined by the board of zoning appeals.

12.3.2.

Table of permitted uses. Buildings or premises may be used and buildings may be erected or structurally altered only for the purpose set forth in Appendix A, Table of Permitted Uses, [section 16.0] and only within those districts specified, as follows:

P - Permitted use

SE - Special exceptions, permitted in the designated district subject to the conditions and application procedures as set forth in section 12.4.

P* - Permitted use subject to the special conditions listed in section 12.5.

(Ord. No. 01-05-02, § 3, 5-21-2001; Ord. No. 2006-06-2, § 3, 6-5-2006)

Any deviation from the permitted uses in any district shall be designated as special exceptions, subject to the conditions set forth in this section.

12.4.1.

Interpretation. Wherever a conflict occurs between the conditions established in this section and other provisions set forth in this chapter, the conditions established in this section shall take precedence over other provisions of the chapter.

12.4.2.

Conditions. The conditions established in this section are minimum conditions of use and are subject to the imposition of additional conditions, which the plan commission and board of zoning appeals deem essential to ensure that the special exception is consistent with the spirit, purpose and intent of this chapter, will not substantially and permanently injure the appropriate use of neighboring property, and will substantially serve the public convenience and welfare.

12.4.3.

Application. Upon receipt of an application for a special exception by the board of zoning appeals, it may be referred to the plan commission for investigation as to the manner in which the proposed location and character of the special exception will affect the comprehensive plan of the city. The plan commission shall report the results of its study of the application to the board of zoning appeals including the recommendation of any additional conditions as set forth in [section] 12.4.2.

12.4.4.

Approval. The board of zoning appeals may, after public notice and hearing according to law, take one of the following actions:

a.

Approve the application as submitted;

b.

Approve the application subject to the additional conditions as recommended by the plan commission and set forth in [section] 12.4.2; or

c.

Deny the application if the proposal has not met the minimum requirements.

12.4.5.

List of special exceptions. Buildings or premises may be used and buildings may be erected or structurally altered only for the purpose set forth in the following list of special exceptions only within those districts specified and subject to the additional conditions as specified:

a.

Agri-businesses such as, but not limited to, agricultural chemical dealers, but not including farm equipment rentals, sales, and services and auction and wholesale establishments for the sale of livestock and poultry, shall be permitted in the I-1, I-2 and I-3 zone districts, provided that:

1.

Buildings or structures shall be located a minimum of 50 feet from an adjacent residential district.

2.

The storage of dangerous gases, flammable, explosive or radioactive materials or products shall be subject to the approval of the fire chief, health officer or other applicable codes and ordinances.

b.

Animal hospitals and veterinary clinics shall be permitted in the C-2 and I-1, I-2 zone districts, provided that:

1.

Such facilities shall be located on sites having a minimum of 20,000 square feet in area;

2.

Such facilities shall have no outside pens or runs. Any such facilities with outside pens or runs shall be classified as a kennel and shall meet the conditions set forth for such use;

3.

Buildings or structures shall be located a minimum of 50 feet from adjacent property lines, provided that where such uses are located adjacent to a residential district the side and rear yard requirements shall be increased to 100 feet.

c.

Art galleries and dealers including antique dealers shall be permitted in the R-3 zone district, provided that:

1.

No persons other than members of the family residing on the premises shall be engaged or employed in such occupation.

2.

The use of a dwelling unit or private garage for a home occupation shall be clearly incidental to its principal use for residential purposes.

3.

There shall be no change in the outside appearance of the building or premises or other evidence of such occupation, other than one sign, not exceeding one square foot in area, nonilluminated, and mounted flat against the wall of the principal building.

4.

There shall be no outside storage.

d.

Automobile dismantling and impoundment yards shall be permitted in the I-2 and I-3 zone districts, provided that:

1.

Such uses shall be located on sites having a minimum of two acres in area.

2.

Buildings or structures shall be located a minimum of 50 feet from adjacent property lines, provided that where such use is located adjacent to a residential district, the side and rear yard requirements shall be increased to 100 feet.

3.

Machinery required for such operations shall be installed and operated so as to minimize noise and vibration.

4.

Adequate screening and fencing shall be provided as required in [section] 13.3.

e.

Barbershops, shall be permitted in the R-3 zone district, provided that:

1.

The expressed written consent of all property owners within 300 feet of the property line of such use is obtained and a copy presented to the city plan commission for inspection.

2.

Buildings or structures shall be located a minimum of 50 feet from adjacent structures or buildings when located adjacent to a residential district.

3.

All parking requirements as set forth in Table B are strictly adhered to.

f.

Beauty shops shall be permitted in the R-3 zone district, provided that:

1.

The expressed written consent of all property owners within 300 feet of the property line of such a use is obtained and a copy presented to the city plan commission for inspection.

2.

Buildings or structures shall be located a minimum of 50 feet from adjacent structures of buildings when located adjacent to a residential district.

3.

Parking requirements as set forth in Table 1 are strictly adhered to.

g.

Bed and breakfast facilities shall be permitted in the R-2 and R-3 zone districts, provided that:

1.

The owners of such facility secure annually a review of the occupancy permit last issued by the building commissioner of the City of Warsaw for said facility;

2.

That off-street parking be provided on the basis of one per guestroom or suite of rooms; and

3.

That no more than one on-premises sign shall be permitted with said [sign] not to exceed two feet by two feet and be unlit.

h.

Cemeteries shall be permitted in the R-2 and R-3 zone districts, provided that:

1.

Graves shall be located a minimum of 75 feet from the right-of-way line of any street.

i.

Chemical manufacturing and processing plants shall be permitted in the I-2 and I-3 zone districts, provided that:

1.

The storage of dangerous gases, flammable, explosive or radioactive materials or products shall be subject to the approval of the fire chief and health officer in accordance with applicable codes and ordinances.

j.

Churches and other places of religious worship, not including rescue missions or temporary revival activities, shall be permitted in the R-1, R-2 and R-3 zone districts, provided that:

1.

Such uses shall have side and rear yards equal to a minimum of one-half the height of the building.

2.

Off-street parking shall not be located in the required front or side yards adjoining a public street right-of-way.

k.

Reserved.

l.

Concrete and asphalt mixing plants shall be permitted in the I-2 and I-3 zone districts, provided that:

1.

Such operations shall be conducted a minimum of 50 feet from adjacent property lines; however, if such operations are located adjacent to a residential district, this distance shall be increased to 100 feet.

2.

All roads and access drives on the site shall be treated and maintained to remain dust-free at all times.

3.

All equipment shall be located and operated so as to minimize noise, vibration and dust.

m.

Convalescent and nursing homes shall be permitted in the R-2 and R-3 zone districts, provided that:

1.

The lot on which the facility is located provides at least 500 square feet of lot size per person residing within the facility.

n.

Day care centers shall be permitted in the R-2 and R-3 zone districts, provided that:

1.

The lot on which the facility is located provides at least 500 square feet of lot size per person for whom the center is licensed.

2.

There are at least 35 square feet of indoor play space and 50 square feet of fenced outdoor play area per child for whom the facility is licensed.

o.

Reserved.

p.

Home occupations shall be permitted in any principal residential building or structure located in R-2 and R-3 zone districts, provided that:

1.

No persons other than members of the family residing on the premises shall be engaged or employed in such occupation.

2.

The use of a dwelling unit or private garage for a home occupation shall be clearly incidental to its principal use for residential purposes.

3.

There shall be no change in the outside appearance of the building or premises or other evidence of such occupation other than one sign, not exceeding one square foot in area, nonilluminated and mounted flat against the wall of the principal building.

4.

There shall be no outside storage.

5.

No equipment or process shall be used which creates noise, vibration, glare, fumes, odors or electrical interference outside the dwelling unit in amounts greater than present under normal circumstances.

6.

No commodity shall be sold on the premises.

7.

No mechanical equipment shall be installed except that which is customarily used for purely domestic or household purposes.

q.

Hospitals shall be permitted in the R-2 and R-3 zone districts, provided that:

1.

Such uses shall be located on sites having a minimum of five acres in area.

2.

Buildings and structures, including heating and air conditioning equipment and laundry and kitchen facilities, shall be located a minimum of 100 feet from adjacent residential districts.

r.

Institutions and sanitariums shall be permitted in the R-3 districts, provided that:

1.

Such uses shall be located on sites having a minimum of three acres in area; and

2.

Buildings or structures, including heating and air conditioning equipment and laundry and kitchen facilities, shall be located a minimum of 100 feet from adjacent residential district.

s.

Junkyards shall be permitted in the I-3 zone district, provided that:

1.

Such uses shall be located on sites having a minimum of two acres in area.

2.

Buildings or structures shall be located a minimum of 50 feet from adjacent property lines, provided that where such use is located adjacent to a residential district, side and rear yard requirements shall be increased to 100 feet.

3.

Machinery required for such operations shall be installed and operated so as to minimize noise and vibration.

4.

Adequate screening and fencing shall be provided as required in this ordinance.

t.

Kennels shall be permitted in the I-1 and I-2 zone districts, provided that:

1.

Such facilities, including outdoor pens and runs, shall be located a minimum of 100 feet from adjacent property lines; provided, however, that where such facilities are located adjacent to a residential district, side and rear yard requirements shall be increased to 300 feet.

2.

The sanitary systems for such facilities shall be subject to approval by the health officer.

u.

Meat processing and packing plants shall be permitted in the I-2 and I-3 zone districts, provided that:

1.

No slaughter of poultry and livestock is permitted.

2.

All processing and packing operations shall be conducted in a completely enclosed building.

3.

Such facilities shall be located a minimum of 100 feet from adjacent property lines; provided, however, that where such facilities are located adjacent to a residential district, side and rear yard requirements shall be increased to 300 feet.

4.

There shall be no outside storage of objectional waste.

v.

Mobile home/manufactured home community shall be permitted in the R-3 zone district, provided that they meet other requirements of this ordinance.

w.

Mobile home/manufactured home subdivisions shall be permitted in the R-1, R-2 and R-3 zone districts, provided that they meet the other requirements of this ordinance.

x.

Motorcycle dealers shall be permitted in the C-2 and C-3 zone districts, provided that:

1.

Such uses shall be located on sites having a minimum of two acres.

2.

Buildings or structures shall be located a minimum of 50 feet from adjacent property lines, provided that where such use is located adjacent to a residential district, the side and rear requirements shall be increased to 100 feet.

3.

Machinery required for such operations shall be installed and operated so as to minimize noise and vibration.

4.

Adequate screening and fencing shall be provided as required in this ordinance.

y.

Park and playgrounds shall be permitted in the R-1, R-2, R-3, I-1 and I-2 zone districts, provided that:

1.

No building or structure shall be located closer than 25 feet to an adjacent resident use.

2.

All exterior lighting shall be so arranged and sheltered as to prevent illumination, flare or reflection on adjacent properties.

z.

Planned unit developments shall be permitted in the R-1, R-2, R-3, C-2, C-3 and C-4 zone districts, provided that they meet the intent and regulations as contained in this ordinance.

aa.

Printing and duplicating shall be permitted in the C-2, C-3, C-4, C-5, I-1, I-2 and I-3 districts, provided that:

1.

Commercial printing and copy shops are located in the C-2, C-3, C-4, C-5 and I-1 zone districts.

2.

Full scale printing operations are located in the I-1, I-2 and I-3 zone districts.

bb.

Recreation facilities for indoor use shall be permitted in the R-3, C-2, C-3, C-4, C-5 and I-1 zone districts, provided that:

1.

Such uses including, but not limited to, racquet clubs, ice skating rinks, roller skating rinks, health spas and other athletic-related facilities meet the following requirements:

(a)

Buildings or structures shall be located a minimum of 50 feet from an adjacent residential use.

(b)

Off-street parking shall not be located in the required front or side yards.

2.

Such uses including bowling alleys, pool or billiard halls, pinball establishments, penny arcades and all other commercial indoor recreational activities, plus all other athletic indoor recreational activities permitted within the R-3 zone district shall be permitted in the C-2, C-3, C-4, C-5 and I-1 zone districts.

cc.

Recreation facilities for outdoor use shall be permitted in the R-1 R-2, R-3, C-2, C-3 and I-1 zone districts, provided that:

1.

Golf courses, swimming pools, tennis courts and other athletic-related facilities shall be permitted in the R-1, R-2, R-3, C-2, C-3 and I-1 zone districts.

2.

Miniature golf courses, driving ranges, baseball batting cages, go-cart tracks shall be permitted in the C-2, C-3 and I-1 zone districts.

dd.

Rental and leasing of automotive vehicles shall be permitted in the C-5 zone, provided that:

1.

There is no inside storage of gasoline.

2.

All vehicles are two-axle and do not exceed 4,000 pounds.

ee.

Rental and leasing of other than automobiles shall be permitted in the C-5 zone, provided that:

1.

No outside storage of materials is allowed.

2.

Machinery required for such operations shall be installed and operated so as to minimize noise and vibration.

ff.

Repair shops, other than automotive shall be permitted in the C-3 and C-5 zones, provided that:

1.

There is no outside storage of any products.

2.

Machinery required for such operations shall be installed and operated so as to minimize noise and vibrations.

gg.

Research and development laboratories shall be permitted in the C-2, C-4, I-1, I-2 and I-3 zone districts, provided that:

1.

Such facilities where the work which is carried on involves fire or explosive hazards, radioactivity or dangerous gases shall only be permitted in the I-2 and I-3 zone districts, provided that the installation, location and operation of such facilities shall be subject to the approval of the fire chief and health officer and any applicable codes or ordinances.

hh.

Reserved.

ii.

Sanitary landfills shall be permitted in the I-2 and I-3 zone districts, provided that:

1.

The location, installation and operation of such facilities shall be subject to approval by the health officer in accordance with applicable codes and ordinances.

2.

Such operations shall be constructed a minimum of 50 feet from adjacent property lines; provided, however, that where a sanitary landfill is located adjacent to a residential district the side and rear yard requirements shall be 100 feet.

3.

Such facilities shall be located on sites containing no less than ten acres in area.

4.

Prior to commencing such operation, the owner shall file a reclamation plan with the plan commission and any other indemnity agreement as may be required by the plan commission and/or the Indiana Department of Environmental Management for the purpose of assuring the restoration and reclamation of the site.

jj.

Sexually oriented businesses shall be permitted in the C-2, C-3, C-5, I-2 and I-3 zone districts, provided that the location, operation and maintenance of such businesses fully complies with the requirements of section 13.7 of this ordinance.

Cross reference— Businesses, ch. 18.

kk.

Tattoo parlor[s] shall be permitted in the C-2, C-3, C-5, I-2 and I-3 zone districts, provided that [such parlors shall]:

1.

Be located a minimum distance of 400 feet from any church building, licensed day care center, public park, school building, school playground or school parking lot, public library or residentially zoned district or residential usage within a commercially zoned district, whether single[-family], two-family or multifamily usage.

ll.

Utility substations of private and public utility companies shall be permitted in all zone districts, provided that:

1.

Such uses shall be located on sites having an adequate area to accommodate all activities.

2.

The installation and operation of such uses shall be subject to approval under the provisions of applicable codes and ordinances.

3.

Buildings occurring in the R-1, R-2, and R-3 zone districts shall be of an architectural style that is compatible with the character of the neighborhood in which it is located.

4.

Buildings and structures shall be located a minimum of 50 feet from adjacent residential uses.

5.

Operations not completely contained within buildings shall have adequate screening and fencing as required in [section] 13.3.

mm.

Warehousing (inside storage) of hazardous materials, equipment of products shall be permitted in the I-2 and I-3 zone districts, provided that:

1.

Storage shall be within a completely enclosed structure.

2.

Storage of flammable, explosive or radioactive materials or products, or of dangerous gases shall be permitted, provided that the installation, location and operations of such facilities shall be subject to the approval of the fire chief and health officer and applicable codes and ordinances.

nn.

Warehousing (outside storage) of materials, equipment or products shall be permitted in the I-2 and I-3 zone districts, provided that:

1.

Lot coverage, including building coverage and storage areas shall not exceed 75 percent of the gross site area.

2.

Outside storage areas shall be completely enclosed by a solid fence not less than eight feet in height and which shall bear no advertising, other than the name of the premises, as in accordance with [section] 13.3.

3.

Outside storage of flammable, explosive or radioactive materials or products, or of dangerous gases shall not be permitted.

oo.

Residential in commercial areas including single-family, duplexes, and multi-family units shall be permitted in the C-2 and C-3 zone districts, provided that they meet the requirements as set forth in the section 12.0.3 (R-3 Residential District) and section 12.0.4 (General Provisions).

pp.

Recreation facilities—Indoor.

1.

When bordering a residential district or use:

• Setbacks shall be equal to the building height times two.

• All lighting shall be arranged and sheltered so that at the property lines:

• View of the source is prevented; and

• Ambient light is limited to 20 lumens.

• Landscape buffer—25-foot wide landscape buffer or 50 percent of the setback (whichever is greater), with six-foot high continuous screen, with one tree per 30 linear feet of buffer.

qq.

Neighborhood center—Indoor; Neighborhood center—Outdoor.

1.

When bordering a residential district or use:

• Setbacks shall be equal to the building height times two.

• All lighting shall be arranged and sheltered so that at the property lines:

• View of the source is prevented; and

• Ambient light is limited to 20 lumens.

• Landscape buffer:

• Neighborhood center—Indoor: 25-foot wide landscape buffer or 50 percent of the setback (whichever is greater), with six-foot high continuous screen, with one tree per 30 linear feet of buffer.

• Neighborhood center—Outdoor: Ten-foot wide landscape buffer or 50 percent of the setback (whichever is greater), with one tree per 500 square feet of buffer.

(Ord. No. 99-8-6, § 3(12.4.5), 8-18-1999; Ord. No. 00-5-1, § 3, 5-15-2000; Ord. No. 01-05-02, § 3, 5-21-2001; Ord. No. 2002-07-05, § 3, 8-5-2002; Ord. No. 2010-08-04, § 3, 8-2-2010)

Editor's note— Ord. No. 2010-08-04, § 3, adopted Aug. 2, 2010, set out provisions intended for use as subsections (oo.) and (pp.). Due to the previous existence of a subsection (oo.), and at the editor's discretion, these provisions have been included as subsections (pp.) and (qq.).

This section contains permitted uses that require an additional review by the plan director to insure the type of use meets certain development criteria.

12.5.1.

Interpretation. The intent of this section is to bypass the board of zoning appeals for uses that are appropriate to a particular district if they meet certain development criteria. The plan director will review, without public notice, proposed uses that have special conditions listed in this section.

12.5.2.

List of special conditions.

a.

Convenience stores shall be permitted in the I-2 industrial district if they meet the following special condition:

1.

The convenience store is complemented by an accessory gasoline sales use.

b.

Gasoline sales shall be permitted in the C-2, C-3, C-5, and I-2 districts if they meet the following special conditions:

1.

Properties shall be a minimum of 100 feet from the nearest property line of an adjacent residential district;

2.

All exterior lighting shall be arranged and sheltered so as to prevent illumination, glare, or reflection on adjacent properties or on the public right-of-way;

3.

The pump and island shall not eliminate or interfere with the off-street parking requirements;

4.

Adequate stacking space will be available at the pump island and shall not interfere with traffic safety on the site or adjacent roadway;

5.

One parking space for each gas pump with a minimum of five parking spaces per property;

6.

The plan commission will review proposed development plans as stated in section 13.6.

(Ord. No. 01-05-02, § 3, 5-21-2001)