Permitted By-Right Uses. "P" in a cell indicates that the use is permitted by right in the zone district. Permitted uses are subject to all other applicable regulations of this Code, including the use-specific standards in Section 405.050(B).

Conditional Uses. "C" in a cell indicates that the use is allowed in the zone district only if reviewed and approved as a conditional use in accordance with the procedures of Section 405.030(E). Conditional uses are subject to all other applicable regulations of this Code, including the use-specific standards in Section 405.050(B).

Prohibited Uses. A blank cell indicates that the use is prohibited in the zone district.

The Director is authorized to classify uses on the basis of the use category, subcategory and specific use type descriptions of this Chapter.

When a use cannot be reasonably classified into a use category, subcategory or specific use type, or appears to fit into multiple categories, subcategories or specific use types, the Director is authorized to determine the most similar and thus most appropriate use category, subcategory or specific use type based on the actual or projected characteristics of the principal use or activity in relationship to the use category, subcategory and specific use type descriptions provided in this Section. In making such determinations, the Director must consider:

If a use can reasonably be classified in multiple categories, subcategories or specific use types, the Director must categorize the use in the category, subcategory or specific use type that provides the most exact, narrowest and appropriate fit.

If the Director is unable to determine the appropriate use category for a proposed use, the Director is authorized to submit the request to the Planning and Zoning Commission for review and determination. The Director shall deny permits and certificates for establishment of the proposed use pending Planning and Zoning Commission determination.

Home Occupations. The intent of this Section is to allow low-intensity home occupations that are clearly incidental and secondary to the primary residential use of the property and that are conducted in a limited manner which creates little exterior indication of the activity and which does not create a nuisance or otherwise adversely impact adjacent properties or the residential character of the neighborhood.

Manufactured Homes. New manufactured homes may be placed on any individual residential or commercial zoned lot within an R-2, R-3, C-1, C-2 or C-3 Zoning District with the following restrictions and regulations:

Modular Homes. Modular homes, as defined under Section 405.180, may be placed on any individual residential or commercial zoned lot. They must comply with all district restrictions and regulations thereof.

Outdoor Display And Sales. Outdoor display and/or sales may be allowed as an accessory use for all commercial uses, provided that the display of such items does not impede the flow of pedestrian or vehicular traffic or create an unsafe condition. These provisions are not intended to apply to permanent outdoor display and sales, such as vehicle sales, that must be approved as part of the development site plan. The accessory outdoor display of goods shall meet all of the following requirements:

Outdoor Storage. Outdoor storage shall mean the keeping of any goods, materials, merchandise, or equipment outside of an enclosed building for more than twenty-four (24) hours. Any such goods kept outside which are not within the definition and/or limitations for incidental outdoor display or outdoor display lots shall be regarded as outdoor storage. Outdoor storage shall include the parking/storage of vehicles to be serviced at a collision service or towing/wrecker service use and all parking/storage of vehicular equipment, such as farm or construction machinery or equipment and commercial delivery vehicles. The placement of storage vaults or shipping containers shall be regarded as outside storage, except as may be otherwise permitted herein.

Dwelling, Residential Live/Work.

Group Homes.

Day-Care, Group Home.

Hospital/Medical Center.

Library. In all residential zone districts, the use shall abut an arterial or collector street. Gift and coffee shops are permitted in libraries as accessory uses.

Schools. All uses under the educational facilities category in Table 405.050-1 shall have their principal vehicular entrance and exit on a local street or adjacent street with the lowest volume of traffic.

Shelter Facilities.

Alternative Financial Establishments. In addition to requiring a conditional use permit, an alternative financial establishment shall comply with the following regulations:

Bank Or Financial Institution.

Food Truck. In addition to meeting any licensing, operating and health requirements established by the City and County, food trucks must meet the following standards:

Outdoor Seating/Sidewalk Cafe.

Car Wash. Service bays facing a public street or a residential zoning district shall be screened to a height of at least eight (8) feet as viewed from the facing public street or facing residential property line.

Gasoline Service Stations. Gasoline pumps, air and water service, and other fixtures used by automobile service stations may be located in the front yard but shall not be closer than twelve (12) feet to the front lot line.

Bed-And-Breakfast. A bed-and-breakfast inn must be licensed by the City and have a food service license if appropriate. The following standards are applicable to bed-and-breakfast inns:

Hotels.

Recycling Collection Facility, Small-Scale.

Purpose. The purposes of the proposed accessory dwelling unit regulations are to:

Permitted Accessory Use.

Ownership.

Dimensional Standards.

Prohibited Structures. Mobile homes, manufactured housing, industrialized housing, recreational vehicles, travel trailers, and any other wheeled or transportable structures shall not be used as accessory dwelling units.

Exterior Design. An accessory dwelling unit shall be designed to maintain the architectural design, style, appearance, and character of the main building. If an attached accessory dwelling unit extends beyond the current footprint or existing height of the principal dwelling, such an addition must be compatible with the existing facade, roof pitch, siding materials and windows as approved by the Director.

Christmas tree sales in any business or industrial district for a period not to exceed sixty (60) days. The display of Christmas trees need not comply with yard requirements but shall comply with sight triangle requirements.

Contractor's office and equipment sheds accessory to a construction project for a period not to exceed the duration of the project.

Real estate offices accessory to a new housing development for a period lasting until all dwelling units are sold or leased.

Seasonal sales of farm produce grown on the premises in the RH-O District. Structures incidental to such sale need not comply with yard requirements during the season of operation but shall comply with sight triangle requirements.

Carnival and circuses in any business, industrial or open space district for a period not to exceed three (3) weeks.

Seasonal nonpermanent structures in commercial areas shall comply with all yard setbacks and requirements of the district for a period not to exceed ninety (90) days. All building structure materials which could become unsightly and/or hazardous to the general public shall be disassembled and removed at the end of the ninety (90) days. Extension of the time period can be extended upon reapplication for use.

Definitions. As used in this Subsection, the following terms shall have these prescribed meanings:

Permits And Fees. It shall be unlawful for any person to conduct a garage sale in the City without first filing with the City Clerk the information hereinafter specified and obtaining from such Clerk a license so to do, to be known as a "garage sale license." The Clerk shall provide said license at no fee.

Application; Form. No permit for a rummage, garage or private auction sale shall be issued unless the applicant shall upon his/her application clearly show that the sale shall be conducted in an orderly fashion. The application shall more particularly show that:

Advertising And Cleanup. No advertising sign, placard or other billboard-type advertisement advertising the garage sale shall be placed on any public property. All persons who conduct garage sales shall, within twenty-four (24) hours after the conclusion of the garage sale allotted time, clean up all debris and remove all signage and other items and accessories used in connection with said garage sale.

Penalty For Violation. Any person, association or corporation conducting any such sale without being properly licensed therefor or who shall violate any of the other terms and regulations of this Subsection shall, upon conviction, be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00). Each day that such sale shall continue without being duly licensed shall be considered a separate violation.

Purpose And Goals. The purpose of this Subsection is to establish guidelines for the siting of wireless telecommunications facilities which protect residential areas from potential adverse impacts; encourage the location of towers in nonresidential areas; minimize the total number of towers throughout the City; encourage the joint use of tower sites; encourage users to locate in areas where the adverse impact is minimal; encourage users to use configurations that minimize the adverse visual impact through careful design, siting, landscape, screening, and innovative camouflaging techniques; enhance the ability of providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; and consider the public health and safety of communications facilities.

Measurements. The following methods of measurement shall apply to the standards set out in this Subsection.

Required Compliance.

Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the City of Warsaw, if any, have been obtained. Furthermore, the applicant shall certify that all backhaul services are being obtained from companies with valid franchises. Certifications may be made by affidavit or by submission of copies of appropriate franchise documents.

General Development Standards.

Removal Of Abandoned Antennas And Towers. A telecommunications facility shall be considered to be abandoned under the following circumstances: If it is not operated for a continuous period of twelve (12) months; and/or if a code violation exists which is not corrected within a thirty-day period after notice by the City. The owner of such facilities shall remove the same within ninety (90) days of receipt of notice from the City of Warsaw notifying the owner of such abandonment. Failure by the owner to remove an abandoned facility within said ninety (90) days shall be grounds for removal by the City, and the owner shall be responsible for all expenses associated with such removal. As compensation for removal expenses, tower sections removed by the City shall become the property of the City if payment of removal expenses is not made by the owner within one hundred eighty (180) days of such removal.

Nonconforming Uses.

Amateur Radio Station Operators/Receive Only Antennas. Any tower, or installation or antenna, which is operated by a Federally licensed amateur radio station operator or is used exclusively for receive only antennas shall be permitted in accordance with the standards set out below in any zoning district when said facility is located on a developed building site as an accessory use.

Permitted Towers/Antennas. An accessory tower or antenna shall be permitted if the total height of the facility is seventy-five (75) feet or less, and the structure is set back from any property line a minimum of five (5) feet or one (1) foot for each foot in height over thirty (30) feet, whichever is greater. No portion of any structure or support (guys, anchors, points, etc.) shall extend into any required front or exterior side yard. When the antenna is attached to the main structure, an encroachment adequate to allow attachment to the roof eaves shall be permitted into any side or rear yard.

Special Exception For Oversized Antenna. The Board of Adjustment may authorize the erection of a facility which exceeds seventy-five (75) feet in height where it determines that the exception will allow greater use and enjoyment of property without creating adverse impacts on adjacent properties and that it will be compatible with the neighborhood.

Roof And/Or Structure Mount Facility. An antenna mounted on a roof or existing structure other than a tower shall be permitted, subject to the following conditions, in any nonresidential zoning district and on any permitted nonresidential use in a residential zoning district, including attachment to electrical transmission towers. Antennas on a rooftop or above the structure shall be constructed and/or colored to match the structure to which they are attached and may not extend more than twenty (20) feet above the highest point of the structure. Antennas mounted on the side of a building or structure shall be painted to match the color of the structure or the background against which they are most commonly seen. Antennas incorporated into flagpole structures shall be permitted as accessory flagpoles. If an accessory structure is present, it must comply with all regulations regarding accessory structures in the respective zoning district.

Locational Requirements. Telecommunications facilities shall comply with the following requirements regarding location. Facilities which do not comply may be considered through a request for conditional use permit. An applicant for a building permit shall be required to submit an inventory of its existing tower locations in the City of Warsaw and within one-fourth (1/4) mile of the City limits.

Site Development Standards.

General Provisions. The following provisions shall govern the approval of conditional use permits for telecommunications facilities.

Conditions Of Approval. In granting approval of a conditional use permit, the Board may impose additional stipulations and conditions to the extent that the Board concludes that such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

The lot is shown by recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would not have been prohibited by any zoning regulations; and

The lot has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by the applicable zoning regulations; and

The lot can meet all yard regulations for the district in which it is located.

Authority To Continue. Any structure which is devoted to a use which is permitted in the zoning district in which it is located, but which is located on a lot which does not comply with the applicable intensity of use regulations and/or the applicable yard and height regulations, may be continued so long as it remains otherwise lawful.

Enlargement; Repair; Alteration. Any nonconforming structure may be enlarged, maintained, repaired or remodeled; provided, however, that no such enlargement, maintenance, repair or remodeling shall either create any additional nonconformity or increase the degree of existing nonconformity of any part of such structure.

Damage Or Destruction. In the event that any nonconforming structure is damaged or destroyed by any means to the extent of more than sixty percent (60%) of its appraised value, such structure shall not be restored unless it shall thereafter conform to the regulations for the zoning district in which it is located. When a structure is damaged to the extent of sixty percent (60%) or less, no repairs or restoration shall be made unless a building permit is obtained and restoration is actually begun within one (1) year after the date of such partial destruction and is diligently pursued to completion.

Moving. No nonconforming structure shall be moved in whole or in part for any distance whatever to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.

Authority To Continue. Any lawfully existing nonconforming use of part or all of a structure or any lawfully existing nonconforming use of land, not involving a structure or only involving a structure which is accessory to such use of land, may be continued so long as otherwise lawful.

Ordinary Repair And Maintenance. Normal maintenance and incidental repair or replacement, installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing may be performed on any structure that is devoted in whole or in part to a nonconforming use. Nothing in these regulations shall be deemed to prevent the strengthening or restoring to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition.

Extension. A nonconforming use shall not be extended, expanded, enlarged or increased in intensity.

Damage Or Destruction. In the event that any structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed by any means to the extent of more than seventy-five percent (75%) of its appraised value, such structure shall not be restored unless such structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located. When such damaged or destruction is seventy-five percent (75%) or less, no repairs or restoration shall be made unless a building permit is obtained and restoration is actually begun within one (1) year after the date of such partial destruction and is diligently pursued to completion.

Moving. No structure that is devoted in whole or in part to a nonconforming use and nonconforming use of land shall be moved in whole or in part for any distance whatever to any other location on the same or any other lot unless the entire structure and the use thereof or the use of land shall thereafter conform to the regulations of the zoning district in which it is located after being so moved.

Change In Use. If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use, provided that the Board of Aldermen, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use.

Abandonment Or Discontinuance. When a nonconforming use is discontinued or abandoned for a period of six (6) months, such use shall not thereafter be reestablished or resumed, and any subsequent use or occupancy of such land shall comply with the regulations of the zoning district in which such land is located.

Nonconforming Accessory Uses. No use which is accessory to a principal nonconforming use shall continue after such principal use shall cease or terminate.

Nonconforming Residential Uses. Notwithstanding the provisions of Section 405.050(F)(4)(c), any structure which is devoted to a residential use may be remodeled, extended, expanded and enlarged, provided that after any such remodeling, expansion or enlargement, such structure shall not be used to accommodate a greater number of dwelling or lodging units than such structure accommodated prior to any such work.