Chapter 17.20
USE GROUPS

Sections:

17.20.010    Zoning district use groups.

17.20.020    Additions to use groups.

17.20.030    Restrictions on uses.

17.20.040    Use group 1.

17.20.050    Use group 2.

17.20.060    Use group 3.

17.20.070    Use group 4.

17.20.080    Use group 5.

17.20.090    Use group 6.

17.20.100    Use group 7.

17.20.110    Use group 8.

17.20.120    Use group 9.

17.20.130    Use group 10.

17.20.140    Use group 11.

17.20.150    Use group 12.

17.20.160    Use group 13.

17.20.170    Use group 14.

17.20.180    Use group 15.

17.20.190    Use group 16.

17.20.200    Use group 17.

17.20.210    Use group 18.

17.20.220    Use group 19.

17.20.230    Use group 20.

17.20.240    Use group 21.

17.20.250    Use group 22.

17.20.010 Zoning district use groups.

The uses in zoning districts are separated into use groups as enumerated in this chapter.

(Prior code § 153.065)

17.20.020 Additions to use groups.

A use which is not included in any of the use group lists may be added by the area plan commission to the use group which, in the judgment of the commission, contains uses most similar to that use. The addition is from the date of addition a listed use. The addition of a use in a use group must be approved by the county commission as an amendment to this code.

(Prior code § 153.066)

17.20.030 Restrictions on uses.

Uses enumerated in this title are subject to the restrictions in each district in which the use group is permitted and any restrictions in Table 17.20.030 following this chapter and other chapters in this code.

(Ord. dated 2/22/94 § 1(i); prior code § 153.067)

USE GROUPS

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19*

20

21

 

A

X

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

X

X

X

 

 

A

R-1

X

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

R-1

R-2

X

X

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

R-2

R-3

X

X

X

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

R-3

R-4

X

X

X

X

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

R-4

R-5

X

X

X

X

 

X

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

R-5

C0-1

X

 

X

X

X

X

 

 

 

 

 

 

 

 

 

 

 

 

 

X

 

C0-1

C0-2

X

 

X

X

X

X

 

 

 

 

 

 

 

 

 

 

 

 

 

X

 

C0-2

C-1

 

 

 

X

X

X

X

 

 

 

 

 

 

 

 

 

 

 

 

X

 

C-1

C-2

 

 

 

X

X

X

X

X

 

 

 

 

 

 

 

 

 

 

 

 

 

C-2

C-4

 

 

 

 

X

 

X

X

X

X

X

 

 

 

 

 

 

 

X

 

X

C-4

M-1

 

 

 

 

X

 

X

X

X

X

X

 

 

X

 

 

 

 

X

 

X

M-1

M-2

 

 

 

 

 

 

X

X

X

X

X

 

X

X

X

 

 

 

X

 

X

M-2

M-3

 

 

 

 

 

 

 

 

 

X

X

 

X

X

X

X

 

 

 

 

X

M-3

F-1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

F-1

AIR

 

 

 

 

 

 

 

 

 

X

X

 

X

X

X

 

X

X

X

 

 

AIR

CON

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

X

X

 

 

 

CON

W-1

 

 

 

 

 

 

 

 

 

X

X

 

X

X

X

X

 

 

 

 

 

W-1

W-R

X

 

X

X

 

 

 

 

 

 

 

X

 

 

 

 

 

 

X

X

 

W-R

(17.20.030 Added Use Group 21, 7/15/2008)

17.20.040 Use group 1.

Use permitted in the A, R-1, R-2, R-3, R-4, R-5, CO-1, CO-2, and W-R districts which meet the requirements and restrictions of those zones: one single-family dwelling per platted lot or parcel; an ADU that is co-located with a single-family home and meets the standards in Section 17.12.072.

(Ord. 05-23-009 § 2, amended, 8/8/2023; Ord. 05-23-009 § 2, amended, 5/23/2023; prior code § 153.068)

17.20.050 Use group 2.

A.    List of uses permitted in the A, R-1, R-2, R-3, R-4, R-5, as home occupations, which meet the requirements and restrictions of that zone; providing that the following uses must meet all other requirements as a home occupation as listed in Section 17.16.040.

B.    Offices and services for the following professions and businesses, providing that there be no sales from the site: Accountant, Architect, Artist, Attorney, Bookkeeper, Computer services, Consultant, Counselor, Draftsman, Engineer, Interior decorator, Musician, Seamstress or tailor, Telephone order service, Tutor.

(Prior code § 153.069)

17.20.060 Use group 3.

Use permitted in the R-2, R-3, R-4, R-5, CO-1, CO-2, and W-R districts, which meet the requirements and restrictions of those zones: one duplex per platted lot or parcel; an ADU that is co-located with a single-family home or duplex and meets the standards in Section 17.12.072.

(Ord. 05-23-009 § 2, amended, 8/8/2023; Ord. 05-23-009 § 2, amended, 5/23/2023; prior code § 153.070)

17.20.070 Use group 4.

List of uses permitted in the R-3, R-4, R-5, CO-1, CO-2, C-1, C-2, and W-R districts, which meet the requirements and restrictions of that zone: Apartment dwelling unit(s), Multiple dwellings (a dwelling for three or more families).

(Ord. dated 2/22/94 § 1(j); prior code § 153.071)

17.20.080 Use group 5.

List of uses permitted in the CO-1, CO-2, C-1, C-2, C-4 and M-1 districts, which meet the requirements and restrictions of that zone: Business and professional offices, Child care center, Nursery or nursery school, Photographer studio.

(Ord. dated 2/22/94 § 1(k); prior code § 153.072)

17.20.090 Use group 6.

List of uses permitted in R-4, R-5, CO-1, CO-2, C-1, and C-2 districts, which meet the requirements and restrictions of that zone:

(A)    Group home/community residential facility and similar facilities which provide residential services for persons in a supervised group living program, but excluding community-based correction programs, residential reentry centers, halfway houses or similar facilities for prison inmates or former inmates.

(B)    Sororities and fraternities.

(Ord. 09-13-009 § 1, amended, 10/22/2013; Ord. dated 2/22/94 § 1(l): prior code § 153.073)

17.20.100 Use group 7.

List of uses permitted in the C-1, C-2, C-4, M-1 and M-2 districts, which meet the requirements and restrictions of that zone:

A.    Retail stores specializing in the sale or rental of any of the following: Art galleries, Bakery goods, Books, Candy, China, ceramics, and pottery, Clothing or shoes, Crafts, Drug stores-limited to stores with a total area less than 3,000 square feet, Film exchange, Flowers or plants, Fruits or vegetables, Gifts, Groceries-limited to stores with a total area less than 3,000 square feet, Hardware, Hobbies, Home appliances-small, Ice cream, Jewelry, Leather goods, Meal or delicatessen items, Musical items, Newspapers and magazines, Novelties and souvenirs, Optical goods, Photographic supplies, Radios

Sporting goods, Stationery supplies, Stereophonic equipment, Televisions, Variety items,

Video tapes and/or equipment,

B.    Offices for the following businesses and professions: Broadcasting station, Financial institution,

C.    The following service uses: Barber shop, Beauty shop, Catering service, Dry-cleaning and laundry pickup station, Duplicating and reproduction services, Letter service and mimeograph, Locksmith, Public utility business offices and exchange or repair facilities, Radio, television, stereo, small appliance repair, Restaurant and cafeteria-a building or a portion of a building where food is prepared and served for compensation and for consumption on the premises (including restaurants with drive-through windows), Seamstress or tailor, Shoe repair shop, Telegraph office, Watch and jewelry repair.

(Ord. dated 5/17/93 § 1(a); prior code § 153.074)

17.20.110 Use group 8.

List of uses permitted in the C-2, C-4, M-1 and M-2 districts, which meet the requirements and restrictions of that zone:

A.    Retail stores specializing in the sale or rental of any of the following: Antiques, Automobiles new parts, equipment, and accessories, Bicycles or mopeds, Carpets, Drug stores-with a total area greater than 3,000 square feet, Electrical and plumbing fixtures, Household furnishings, including large appliances and furniture, Ice, Lawnmowers, Office equipment and furniture, Package liquor stores, Paint, Pawnshop, Pets or pet supplies, Rugs and floor coverings, Shrubbery or plants.

B.    The following service uses: Business school - a private school or college conducted as a commercial enterprise for teaching business or secretarial skills, Commercial trade school - a private school conducted as a commercial enterprise for teaching barber or beauty skills or industrial skills in which machinery is used in the instruction, Dance/theatrical school or studio, Furniture repair shop, Home appliance repair-large, Laundromats, Lawnmower repair, Lawnmowing service, Medical, dental, or research laboratory, Mortuary, Office equipment repair, Pet grooming, Taxidermist, Upholstery shop.

C.    Department store.

D.    Supermarket-retail stores with a total floor area of more than 3,000 square feet specializing in the sale of food and grocery items.

E.    The following recreational uses: Arcade, Indoor archery range, Bar, Bowling alley, Dancehall, meeting hall, or party house, Exercise or sports club, Health or reducing studio, Lodges and private clubs, Music conservatory, Nightclub, Pool and billiard room, Skating rink, Tavern and restaurants serving alcoholic beverages, Tennis courts (indoor), Theater, Trampoline center.

F.    Automotive service station-limited to the sale of gasoline, oil products, automobile accessories, and incidental services such as lubricating and minor repair.

G.    Shopping center-building designed to accommodate three or more business enterprises.

H.    Hotels and motels.

I.    Union hall/trade association meeting hall.

(Prior code § 153.075)

17.20.120 Use group 9.

List of uses permitted in the C-4, M-1 and M-2 districts which meet the requirements and restrictions of that zone: Auction house or gallery, Blueprinting and photostating, Lithographing and engraving, Parking lot or garage, off-track betting facility.

(Prior code § 153.076) (Amended 8/20/01)(17.20.120, Amended, 02/21/2002, Added off-track betting facility.)

17.20.130 Use group 10.

List of uses permitted in the C-4, M-1, M-2, M-3, AIR, and W-I districts, which meet the requirements and restrictions of that zone:

A.    Retail stores specializing in the sale or rental of any of the following: Awnings, Dairy supplies, Feed, Restaurant and hobby supplies and equipment, Welding supplies and equipment.

B.    The following service uses: Aluminum can collection/recycling center, Ambulance service, Automobile repair and specialized service, excluding overhauling, rebuilding, painting, and body work, Automobile seatcover installation, Automobile washing Awning and canvas shop, Battery repair and rebuilding, Bookbinding, Bottling plant, Cabinet or carpenter shop, Crating, packaging, or shipping service, Dairy or milk distribution station, Dry-cleaning, dyeing, laundry, or rug cleaning plant, Food vendor operation, Glass shop, Janitorial service, Linen service, Motorcycle repair, Pest control, Photographic development laboratory, Taxi service, Tool sharpening or grinding, Welding shop.

C.    The following warehouse, wholesale, and storage uses: Cold storage or frozen food plant, Ice storage plant, Storage warehouse, Wholesale broker or establishment.

(Prior code § 153.077)

17.20.140 Use group 11.

List of uses permitted in the C-4, M-1, M-2, M-3, AIR, and W-I districts, which meet the requirements and restrictions of that zone, and which may require outside storage or display:

A.    Retail stores specializing in the sale or rental of any of the following: Agricultural implements, Automobile, Boats and marine supplies, Building supplies, Construction equipment, Flea markets, Industrial equipment, Lawn and garden equipment, Lumber, Machinery, Monuments, Motorcycles, Shrubs and trees, Swimming pool supplies and equipment, Trailers, Trucks.

B.    The following service uses: Boat repair, Contractor shops, Excavating contractor, Landscaping and tree trimming, Lawn and garden treatment service, Railroad transfer, storage and team tracks, Rental goods, Shrub and plant nursery, Sign shop, Tire recapping or retreading, Trailer repair, Truck repair.

C.    The following outdoor recreational uses: Archery range, Drive-in/open air restaurant, Miniature golf and golf driving range, Tennis courts.

(Prior code § 153.078)

17.20.150 Use group 12.

List of uses permitted in the W-R district, which meet the requirements and restrictions of that zone: Boating, fishing, swimming, and marine supply sales, display, rental, and repair, Boat docks, clips, piers, wharves, anchorage and moorage for yachts and pleasure boats, Boat sales, rentals, and repair, Fishing pier, Restaurant and refreshment stand, Seasonal and recreational housing, Seaplane bases, Yacht clubs.

(Prior code § 153.079)

17.20.160 Use group 13.

List of uses permitted in the M-2, M-3, AIR, and W-I districts, which meet the requirements and restrictions of that zone: Boat and ship building and repairing, Boat parts, accessories, and equipment manufacture, not involving foundry or forging operations, Boat sales, rental, and repairs, Boat storage, Commercial docks, wharves, and piers, Dredging base, Electrical shop-manufacturer, Freight handling, Freight storage shed, Freight terminal, Marine construction yard, Marine railway, Marine salvage base, Marine shop, Marine warehouse, Petroleum bulk storage, Railroad lines and sidings to serve wharves and piers, Shipyards and drydocks.

(Prior code § 153.080)

17.20.170 Use group 14.

List of uses permitted in the M-1, M-2, M-3, W-I and AIR districts which meet the requirements and restrictions of that zone:

A.    Manufacturing of any of the following products: Artificial flowers, Brooms and brushes, Business machines, Buttons, Canvas products, Carbon paper and ink ribbons, Children’s vehicles, Clay products, Cosmetics and toiletries, Electrical supplies, Felt and feather products, Glass products from previously manufactured glass, Hair products, Jewelry, Leather products and luggage, Medical appliances, Metal awnings, Musical instruments, Nonalcoholic beverages, Novelties, Optical equipment, Paper products from previously manufactured paper, Pharmaceutical and nutritional products, Photographic equipment, Plastic products from previously manufactured plastic, Precision instruments, Scenery, Signs and displays, Soap and detergents, Stamps, Toys and games, Umbrellas and parasols, Venetian blinds, Window shades.

B.    The following packaging, finishing, processing, and service uses: Automobile engine overhauling or rebuilding, Automobile painting and body work, Automobile parts, Blacksmith services, Chemical packaging, Electrical apparatus and appliance assembly,

Experimental or testing research laboratory, Fur finishing, Motion picture production, Pharmaceutical products compounding, Printing and publishing, Sheetmetal shop.

(Prior code § 153.081)

17.20.180 Use group 15.

List of uses permitted in the M-2, M-3, AIR, and W-I districts, which meet the requirements and restrictions of that zone:

A.    The manufacturing of any of the following products: Agricultural or farm implements, Aircraft and aircraft parts, Aluminum paint and powder, Artificial leather, Athletic or sports equipment, Baskets and hampers, Bedding, Boilers, Boxes and crates,

Bricks, Carpets, Concrete products, Culverts, Disinfectants, Dry or natural ice, Electrical appliances and equipment, Firearms, Food and food products, Foundry products, Fungicides, Graphite and graphite products, Hardware, Ink, Insecticides, Industrial and household chemicals, Lead oxide, Linoleum and hard surfaces floor coverings, Mechanical tools, Matches, Metal alloys or foil, Metal products from stamping or extrusion, Motion picture equipment, Oil treated products, Paint, lacquer, shellac, and varnish, Paper and paperboard, Pencils, Photographic film and equipment, Plumbing supplies, Porcelain products, Pulp goods pressed or molded, Railroad equipment, Raw plastic, Roofing materials, Rubber and rubber products, Silverware, Stone products, Storage batteries, Synthetic fibers, Textile products, Tile, Wallboard, plasterboard, insulation, and composition flooring, Wax products, Wood products,

B.    The following assembly, packaging, processing, or refinery uses: Aluminum extrusion, rolling, and fabrication, Automobile, bicycle, motorcycle, trailer, truck, and rebuilt engine assembly, Brewery, Concrete mixing or concrete batch plant, Cotton processing, Distillery, Feather processing, Felt processing, Food processing, slaughtering, and packaging, Foundries, Grain blending and packaging, Hair processing, Iron or steel fabrication or assembly, Machine or tool and die shop, Metal or metal products treatment, processing, and refining, Mill work and planing, Mineral processing, Perfumes or perfumed soap compounding, Plating and electrolytic processing, Scrap metal reduction, Steel grinding, Steel works and rolling mills, Stone processing, Textile bleaching, Tire retreading and vulcanizing, Tobacco curing, Wood or lumber processing, Wood pulling and scouring, Wood pulp or fiber reduction or processing, including paper mills.

C.    The following services uses: Heavy machinery repair, Motor testing.

D.    Storage yard.

E.    Animal pound.

F.    Livery stable or riding academy.

(Prior code § 153.082)

17.20.190 Use group 16.

List of uses permitted in the M-3 and W-I districts, which meet the requirements and restrictions of that zone:

A.    The manufacturing of any of the following products: Acid, Asphalt, Carbon black, Cement, Charcoal and related products, Chemicals other than industrial and household chemicals, fungicides, insecticides, and disinfectants, Coal, coke, and tar products, Explosives, Fertilizer, Gas, Glue, Gypsum, Lime, Plaster of paris, Tar.

B.    The following refinery or processing uses: Asphalt, bone, coal, tar, or wood distillation, Coal refining, Fat rendering, Garbage reduction, Metal smelting, Petroleum refining.

C.    The following storage uses: Explosives, Gasoline and petroleum storage.

(Prior code § 153.083)

17.20.200 Use group 17.

List of uses permitted in the A, AIR, and CON districts, which meet the requirements of that zone: Agricultural operations, Crop and tree farming, Forestry operations, Greenhouses and nurseries, Seasonal roadside stands for agricultural products.

(Prior code § 153.084)

17.20.210 Use group 18.

List of uses permitted in the A, AIR, and CON districts, which meet the requirements and restrictions of that zone: Animal and poultry raising except in a Confined Feeding Operation, Agricultural workshops or repair shops, for owner’s agricultural equipment, located on the same lot with the owner’s residence, Boarding/breeding kennel, Cattle and dairy ranches except in a Confined Feeding Operation, Livery stable, Livestock grazing except in a Confined Feeding Operation, Riding stables or guest ranches, Veterinary clinic.

(Ord. 04-17-006 § 4, Amended, 04/04/2017; prior code § 153.085)

17.20.220 Use group 19.

“List of Uses permitted with Special Use No. 25 in the A, C-4, M-1, M-2, AIR & W-R districts which meet the requirements & restrictions of the zone”

A.    The following recreational and service uses: Amusement park or theme park; Animal or vehicle racetrack, Campground-premises used for temporary parking of trailers, campers, or recreational vehicles, Child care center, Drive-in theater, Permanent circus or carnival grounds

B.    Use permitted in the A district only with Special Use No. 25.

Farm Products Processing and Sales - where fruits, vegetables, or other planted crops grown on site are processed including but not limited to cooking, mixing with other ingredients, bottling, packaging, etc. that transforms the fruits, vegetables, or other crops into higher valued farm products for human ingestion (“value added farm products”). Such processing may involve the making of wines, ciders, jams, jellies, and other consumable food or beverage products.

1.    Written requests for temporary use of substitute crops grown off site may be submitted to and approved by the APC Director upon the review of documentation provided with the request of an unusually low on site crop harvest or other special circumstances.

2.    The sale of these value added farm products is allowed as follows:

a.    The sale of other foods and beverages is allowed as long as these items are associated with or commonly consumed with the value added farm product, are incidental to the primary farm use, and do not involve cooking or preparation on-site;

b.    The sale of other incidental items commonly associated with the value added farm product or the farm use is also allowed.

3.    Facilities for the on-site processing, retail display, sales, and sampling of value added farm products are allowed within the following parameters:

a.    The facilities must be strictly ancillary and incidental to the primary farming use;

b.    The facilities may include patio seating or other outdoor areas for picnics, agri-tourism gatherings, private noncommercial gatherings hosted by the property owner or the farm use operator, or other activities incidental to the farm use.

C.    Use permitted in the A district only with Special Use No. 25. Confined Feeding Operations (CFOs). In addition to meeting all regulatory standards and permitting requirements established by the Indiana Department of Environmental Management, and any other regulatory agency, the following requirements must also be met:

1.    Minimum Parcel Size: a CFO shall not be located on any property that is less than 25 acres.

2.    Minimum Facility Setbacks: All CFO Facilities shall be set back a minimum of 100 feet from all property lines, including all street or road rights-of-way.

3.    Minimum Separation Distances: CFOs and CFO Facilities shall be separated from other properties and/or land uses as specified below:

a.    Residential Zoning Districts and Subdivisions: A CFO Facility shall be no closer than 1,320 feet to the boundary line of any Residential zoning district or of any major subdivision that has been granted primary or secondary approval.

b.    Non-Farm Residential Properties in Agricultural Zoning Districts: A CFO Facility shall be no closer than 1,320 feet to the nearest residence of any residential parcel located in an Agricultural zoning district and that is not used for any uses included in Use Group 17 or Use Group 18, or uses that require a permit for Special Use No. 25.

c.    Certain Properties with Community Facilities: A CFO Facility shall be no closer than 1,320 feet to the nearest property line of any property on which is located any:

i.    school (including a trade or business school, college or university, and day-care center);

ii.    health care facility (including a hospital, clinic, nursing home or assisted living facility);

iii.    church or religious institution; or

iv.    recreational facility (including all park uses and all outdoor recreational uses, public or private and excluding trails).

d.    Wells for Potable Water: A CFO Facility shall be no closer than the setbacks as defined in the Indiana Administrative Code 327 IAC 19-12-3, latest edition to the wellhead of any well providing potable water.

e.    Exemptions: No minimum separation distance shall be required from a CFO Facility to any residential properties, farm dwellings, specified community facilities or wells that are established after the CFO Facility is established, and such establishment shall therefore not constrain the future expansion of the previously established CFO Facility. The CFO facility, as well as farm dwellings and community facilities, shall be considered established upon the start of their construction. Residential properties shall be considered established upon the recording of the approved subdivision plat, parcelization, etc. for any new lots. Wells shall be considered established upon being placed in operation.

4.    No CFO Facility shall be located or maintained within the Special Flood Hazard Areas as defined in Title 18 of this Code.

5.    The CFO Facility shall have and maintain a tree buffer zone meeting the following requirements:

a.    Tree buffer zones must be a minimum of ten feet (10') in depth, measured from the centerline of each tree, and located no more than one hundred feet (100’) from any point on a CFO Facility, and surrounding all CFO Facilities included in the CFO, except that:

i.    the buffer zone may be bisected by a single access drive no wider than 24 feet, and

ii.    no tree buffer zone is required between CFO Facilities within the same CFO.

b.    All trees must be of a non-invasive evergreen species with a minimum height at maturity of 25'.

c.    All trees must have a minimum height of 6', 1.5" trunk diameter, and 3' in spread at the time of planting.

d.    Trees must be spaced at a minimum of ten feet apart, measured from the centerline of each tree.

e.    Prior to the issuance of the Improvement Location Permit, tree buffer zones must be incorporated in use and development commitments to be executed and recorded in the County Recorder’s office, defining the area as exclusively dedicated for the tree buffer zone with the exception of a perpendicular crossing for an access drive and utility lines only.

f.    Tree buffer zones shall be perpetually maintained, including the replacement of any dead trees.

g.    A tree planting plan must be provided on, or separately accompanying, any site plan submitted for the issuance of an Improvement Location Permit.

D.    The following service uses (no special use required in agricultural zone—permitted use per use group 18): Boarding/breeding kennel: premises on which four or more small animals at least four months old are kept, Veterinarian or veterinarian clinic.

(Ord. 04-17-006 § 5, Amended, 04/04/2017; Ord. 06-13-007 § 1, amended, 06/18/2013; prior code § 153.086)

17.20.230 Use group 20.

List of uses permitted in CO-1, CO-2, C-1, and W-R districts, which meet the requirements and restrictions of that zone: Owner-occupied/owner-operated bed and breakfast, limited to ten rental rooms, Owner-occupied/owner-operated boarding house limited to ten rental rooms.

(Ord. dated 2/22/94 § 1(m): prior code § 153.087)

17.20.240 Use group 21.

A.    List of uses permitted in C-4, M-1, M-2 and M-3 which meet the requirements and restrictions of that zone:

Adult Arcade

Adult Bookstore, Adult Novelty Store or Adult Video Store

Adult Cabaret or Juice Bar or Bikini Bar

Adult Motion Picture Theater

Adult Theater

Nude Model Studio

Sexual Encounter Center

Peep Show Facility

B.    In addition to all other requirements of the zoning code, these businesses shall comply with the following restrictions:

1.    Shall not be located within 1,000 feet of any dwelling unit, duplex or other building used for any residential use or any recorded subdivision in the A zoning district;

2.    Shall not be located within 1,000 feet of any property zoned for any residential use in the R-1, R-2, R-3, R-4 or R-5 zoning districts;

3.    Shall not be located within 500 feet of any property permitted for use as a religious institution or public or private school containing any grade of kindergarten through grade 12;

4.    Shall not be located within 500 feet of any public park; and

5.    Shall not be located within 500 feet of any other use group 21 facility or pre-existing non-conforming use which is an Adult Bookstore, Adult Novelty Store, Adult Video Store, Adult Arcade, Adult Cabaret, Juice Bar, Bikini Bar, Adult Motion Picture Theater, Adult Theater, Nude Model Studio, Sexual Encounter Center or Peep Show Facility. However, more than one such facility may be located on the same parcel or property so long as it meets the other requirements of the Zoning Code.

C.    The distances provided above shall be measured by following a straight line, without regard to intervening buildings, structures, other obstacles, from the nearest point of the property upon which the proposed use is to be located, to the nearest point of the property from which the proposed land use is to be separated.

D.    The applicant for an Improvement Location Permit or Zoning Use Permit for Use Group 21 shall provide the Area Plan Commission staff with certified distance measurements as required above by a land surveyor registered by the State of Indiana who shall certify that there are no residential properties, public or private schools with a grade kindergarten through 12th grade, public park or a pre-existing nonconforming use which is an Adult Bookstore, Adult Novelty Store, Adult Video Store, Adult Arcade, Adult Cabaret, Juice Bar, Bikini Bar, Adult Motion Picture Theater, Adult Theater, Nude Model Studio, Sexual Encounter Center or Peep Show Facility within the required distances. If the proposed adult use business meets the spacing distance requirement from such uses, is zoned for this use, and meets the other requirements of the Zoning Code, the Area Plan Commission staff shall issue the appropriate Improvement Location Permit or Zoning Use Permit after the approval of the permit by the Site Review Committee. The approval of the Site Review Committee shall expire if the permit is not obtained by the applicant within (180) calendar days of said approval.

(17.20.240 Added 7/15/2008)

17.20.250 Use group 22.

List of uses permitted in the districts identified below, for the two types of Commercial solar energy generating facilities.

A.    List of uses permitted in the AIR, A, C-4, W-I, M-1, M-2 and M-3 districts, which meet the requirements and restrictions of that zone; and list of uses permitted with Special Use No. 47 in the R-1, R-2, R-3, R-4, R-5, CO-1, CO-2, C-1, C-2, W-R and PUD districts, which meet the requirements and restrictions of that zone: Commercial solar energy generating facilities, Community-Scale.

B.    List of uses permitted in the AIR, M-1, M-2 and M-3 districts, which meet the requirements and restrictions of that zone; and list of uses permitted with Special Use No. 48 in the A, C-4 and W-I districts: Commercial solar energy generating facilities, Large-Scale.

(Ord. 06-22-006 § 3, added, 06/28/2022)