Online Garrett City Code
No building or land shall be used and no building shall be erected, reconstructed or structurally altered, which is arranged, intended or designed to be used for any purpose other than a use that is permitted and specified in the district in which such building or land is located.
Primary uses are authorized in the districts established by § 153.04(a), as shown in Table 1. Where the district designation is marked with an asterisk, the use is permitted in that district only if a special exception has been granted under § 153.05.4(a). Where it is marked by a double asterisk, the use is permitted in that district only if it has been approved by the Board as necessary to the convenience of employees and the effective operation of an industrial use (Amended by Ordinance # 99-9; also Amended by December 27, 2001 by Ordinance # 2001-19).
(a). Permitted uses in WP-Districts: Wetlands Preservation Districts shall be limited to use as nature preserves, with few recreational structures, such as boardwalks, wooden information signs and posts, constructed or erected.
(b). Farming Exemption for Unincorporated Areas / Land, farm houses, farm barns, farm outbuildings or other buildings, structures or erections that are adapted, by reason of nature and area, for use for agricultural purposes as a primary source of income, and which are located within the unincorporated areas of the Garrett Plan Jurisdiction, while so used, shall not be affected by the restrictions of the City of Garrett Zoning Regulations. (Amended by Ordinance # 9793-1)
(c). Permitted Residential Uses in Business Districts / Permitted residential uses listed in Table 1 for business districts (BA, BC, BG and BL) are limited to existing residential structures in said districts only. Newly constructed residential structures in said districts are not permitted. (Amended by Ordinance # 96-4).
(d). Primary Structures - Permitted primary structures in residential districts are dwelling units. Permitted primary structures in commercial districts are commercial structures. Permitted primary structures in industrial districts are industrial - manufacturing - storage buildings.
Existing structures that do not meet the above requirements are considered nonconforming structures and uses as defined in this ordinance.
New construction or placement of a structure that is not considered a permitted primary structure for a particular zoning district will require a use variance from the BZA (Amended April 2, 2002 by Ordinance # 2002-7).
(1). Manufactured - Modular Units / Manufactured - modular building units, whether new or used, shall be used only for the primary purpose designated for the zoning district in which the unit is proposed for placement (Amended April 2, 2002 by Ordinance # 2002-7).
§ 153.05.3 Accessory Uses and Buildings
(a). Accessory uses and buildings such as the following are authorized in all districts (Amended by Ordinance # 96-4):
- Animal Shelter.
- Bird Baths and Bird Houses.
- Curbs.
- Driveways and Walks.
- Fences and Hedges (subject to § 153.06.6A).
- Garages.
- Incinerators.
- Lamp Posts.
- Mail Boxes.
- Parking Spaces.
- Public Utility Installations for Local Service (such as poles, lines, hydrants and
telephone booths). - Retaining Walls.
- Large Satellite Dishes (allowed in rear yard only, except for satellite dish dealerships located in business districts, which may locate one in the front yard as a display).
- Small Digital Satellite Dishes (typically eighteen [18] inches in diameter, which may be located on rooftops and in side and back yards, except for satellite dish dealerships located in business districts, which may locate one in the front yard as a display.
- Trees, Shrubs, Plants and Flowers.
(b). Each permitted accessory use shall:
(1). Be customarily incidental to the primary use established on the same lot;
(2). Be subordinate to and serve such primary use;
(3). Be subordinate in area, extent and purpose to such primary. (Amended by Ordinance # 96-4).
(4). Contribute to the comfort, convenience or necessity of users of such primary use.
(c). Private garages proposed for construction on lots 4,000 square feet in size, or less, shall be limited to a capacity of three (3) motor vehicles for each single family dwelling, four (4) vehicles for each two (2) family dwelling, one and one-half (1.5) vehicles per dwelling unit for each multiple dwelling residence and one (1) vehicle per rooming unit for group dwelling residences.
Private garages proposed for construction on lots four-thousand (4,000) square feet in size, or less, shall have maximum outside dimensions of not more than eight-hundred, sixty-four (864) square feet, and shall have a maximum capacity of not more than three (3) motor vehicles for storage only, and not more than one (1) of which may be a commercial vehicle of not more than three (3) tons capacity.
Private garages proposed for construction on lots four-thousand, one (4,001) square feet in size, or more, shall not have maximum outside dimensions that, when combined with the square footage of the residential building on the same property, exceed the maximum lot coverage requirements for the zoning district in which the property is located; however, in no event shall a garage or accessory building be larger than one-thousand (1,000) square feet. (Amended by Ordinance # 2293).
(d). Dwelling units for caretakers shall be permitted as accessory uses for primary industrial and institutional uses.
(e). Private residential swimming pools shall enclosed by a minimum 6-foot high lockable fence, as designated in Table 13 of this Ordinance (Amended April 6, 2004 by Ordinance # 2004-5).
(a). The Board may grant a special exception for a use in a district, if after a hearing under § 153.05.2 finds that:
(1). § 153.05.2 authorizes a special exception for that use in that district;
(2). The requirements for special exceptions prescribed by this ordinance will be met; and
(3). Granting the exception will not subvert the general purposes served by this ordinance and will not materially and permanently injure other property or uses in the same district and vicinity.
(4). The granting of the special exception does not interfere substantially with the goals, objectives or land use policies established in the Garrett Comprehensive Plan. (Amended by Ordinance # 8691).
(b). The granting of a special exception under subsection (a) is unnecessary for a use authorized by § 153.05.2, if the use exists on the date this ordinance is passed. However, this subsection does not extend to the expansion of such a use, if it involves the enlargement of a building, structure or land area.
(c). To be eligible for the granting of a special exception under this section, a person must apply for, and pay all applicable fees with respect to an improvement location under § 153.08.1.
(a). Variance of Use / The BZA shall approve or deny variances of use from the terms of this Ordinance. The BZA may impose reasonable conditions as part of its approval. A variance may be approved under this section only upon a determination in writing that (Amended by Ordinance # 2293):
(1). The approval will not be injurious to the public health, safety, morals and general welfare of the community;
(2). The use and value of the area adjacent to property included in the variance will not be affected in a substantially adverse manner;
(3). The need for the variance arises from some condition peculiar to the property involved;
(4). The strict application of the terms of this Ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought; and
(5). The approval does not interfere substantially with the policies, goals and
objectives established in the Garrett Comprehensive Plan.
(b). Variance from Development Standards / The BZA shall approve or deny variances from the development standards (such as height, bulk or area) of this Ordinance. The BZA may impose reasonable conditions as part of its approval. A variance may be approved under this section only upon a determination in writing that (Amended by Ordinance # 96-4):
(1). The approval will not be injurious to the public health, safety, morals and general welfare of the community;
(2). The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and
(3). The strict application of the terms of this Ordinance will result in practical difficulties in the use of the property.
(4). The approval does not interfere substantially with the policies, goals and objectives of the Garrett Comprehensive Plan.
(c). A variance granted by the BZA pursuant to subsections (a) and (b) shall represent the minimum departure from the strict applications of the provisions of these regulations. (Amended by Ordinance # 2293).
(d). The fee for appealing a decision of the Zoning Administrator to the BZA shall be as prescribed Table 23 of this Ordinance (Amended by Ordinance # 99-4).
(a). The Zoning Administrator may, upon application, grant a Temporary Use Permit for a period not to exceed fifteen (15) days, unless another time limit is specified by this section, and impose other conditions for seasonal or transitory uses upon finding of the following (Amended by Ordinance # 2293):
(1). That the site proposed for the temporary use is appropriate for such use.
(2). That adequate operation safeguards will be established and practiced.
(3). That the adjoining established uses will not be adversely affected.
(b). The Zoning Administrator shall submit an application for a Temporary Use Permit for review by the Police Chief, the Fire Chief, the Utilities Superintendent, the Street Superintendent and the Board of Works. The permit shall be reviewed subject to such criteria as the impact of the proposed use on public safety and public health, and the applicant's stated provisions for cleaning-up the site of the proposed use. The applicant may be required to post a bond for clean-up and security. (Amended by Ordinance # 2293).
(c). If the Zoning Administrator disapproves a temporary use application, the applicant may appeal said decision to the Board of Zoning Appeals. The fee for a Temporary Use Permit shall be as prescribed by Table 23 of this Ordinance. The fee for appealing a decision of the Zoning Administrator to the BZA regarding an application for a Temporary Permit shall be as prescribed by Table 23 of this Ordinance. (Amended by Ordinance # 99-4).
(d). The following community-wide events shall be exempt from paying the required filing fee for a Temporary Use Permit:
(1). Fourth of July fireworks at Feick Park.
(2). Garrett Heritage Days. The sponsoring organizations for the above events shall, however, be required to complete an application for a temporary use. (Amended by Ordinance # 2293).
(e). The following uses are deemed to be temporary uses and shall also be subject to the specific regulations and time limits that follow.
(1). Carnival or Circus: In any district, a temporary use permit may be issued for a carnival or circus, but such permit shall be issued for a period not longer than fifteen (15) days.
(2). Christmas Tree Sales: In any district, a temporary use permit may be issued for the display and open-lot sales of Christmas trees, but such permit shall be issued for a period not longer than forty-five (45) days.
(3). Contractor's Office and Equipment Sheds: In any district, a temporary use permit may be issued for a contractor's temporary office and equipment sheds incidental to a construction project. Such office or shed shall not contain sleeping or cooking accommodations. Such permit shall be valid for not more than one year but may be renewed a maximum of two one-year extensions. Moreover, such office or shed shall be removed upon completion of the construction project or upon expiration of the temporary use permit, whichever occurs sooner.
(4). Real Estate Sales Office: In any district, a temporary use permit may be issued for a temporary real estate sales office in any new subdivision that has been approved in accordance with the Subdivision Regulations. Such office shall contain no sleeping or cooking accommodations. Such permit shall be valid for not more than one year but may be renewed a maximum of three (3) one (1) year extensions. Such office shall be removed upon completion of the development of the subdivision or upon expiration of the temporary use permit, whichever occurs sooner. However, a model home may be used as a temporary sales office.
(5). Religious Tent Meeting: In any district, a temporary use permit may be issued for the sale of farm produce grown only on the premises. Such sales space shall be of portable or sectional construction. Such stands shall be removed to observe the setback line for permanent structures when not in use. Such permit shall be valid for not more than four (4) months per year, but may issued for a five (5) year period.
(f) Temporary Garage Sales may be held in residential districts as follows (amended April 6, 2004 by Ordinance # 2004-5):
(1). Property Permitted To Be Sold - It shall be unlawful for any individual to sell or offer for sale, under authority granted by this Ordinance, property other than personal property.
(2.) More Than One Residence - Members of more than one residence may join in conducting a garage sale at the residence of one of them.
(3). Hours of Operation - Such garage sales shall be limited to no more than the daylight hours of three (3) consecutive days or two (2) consecutive week-ends (Saturday and Sunday).
(4). Display of Sale Property - Personal property offered for sale may be displayed within the residence, in a garage, carport, driveway and/or in the yard, but only in such areas. No personal property may be offered for sale at a garage sale in any public right-of-way.
(5). Signs for Garage Sales -
(a) Sign Permitted - Only the following specified signs may be displayed in relation to a garage sale:
(1) On-Premise Signs - Two (2) signs, of not more than six (6) square feet each, may be displayed on the property of the residence where the garage sale is being conducted, during sale hours only.
(2) Off-Premise Directional Signs - Two signs of not more than two (2) square foot each are permitted (Amended November 2, 2004 by Ordinance # 2004-29).
(3) Placement of Signs - No sign shall be permitted on utility poles, trees, or poles or pipes containing highway signs or street signs and shall not be placed so as to block the view of an intersection.
(b) Time Limitations - No sign or other form of advertisement shall be exhibited for more than two (2) days prior to the day such a sale is to commence.
(c) Removal of Signs - Signs must be removed by the end of the day upon which the sale ends.
(6). Public Nuisance - The owner or tenant of the premises on which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such individual shall permit any loud or boisterous conduct on said premises nor permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such individuals shall obey the reasonable orders of any member of the police or fire departments of the City of Garrett in order to maintain the public health, safety and welfare.
(7). Inspection - Arrest Authority of Inspector - A police officer or any other official designated by any City Ordinance to make inspections under the licensing or regulating Ordinance or to enforce the same, shall have the right of entry to any premises showing evidence of a garage sale for the purpose of enforcement or inspection and may close the premises from such a sale and/or charge the individual with violation of this Ordinance.
(8). Parking - All parking of vehicles shall be conducted in compliance with all applicable laws and ordinances. Further, the police department may enforce such temporary controls to alleviate any special hazards and/or congestion created by any garage sale.
(9). Persons Exempt from this Sub-Chapter - The provisions of this sub-chapter shall not apply to or affect the following:
(a) Persons selling goods pursuant to an order of process of a Court of competent jurisdiction.
(b) Persons acting in accordance with their powers and duties as public officials.
(c) Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by the zoning regulations of the City of Garrett or under the protection of the non-conforming use section thereof or any other sale conducted by a manufacturer, dealer or vendor and which sale would be conducted from properly zoned premises and not otherwise prohibited in other ordinances.
(d) Any sale conducted by a bona fide charitable, educational, cultural or governmental institution or organization from or at the place of business for the institution or organization when the proceeds from the sale are used directly for the institution or organization's charitable purposes and the goods or articles are not sold on a consignment basis.
(e) Auctions of estate sales.
(a). Any lawful use of land or structure, or any lawful structure or recorded lot, existing at the effective date of this Ordinance, or subsequent amendment thereto, and located in a district in which it would not be permitted as a new use, lot or structure under the terms of this Ordinance is hereby declared to be a legal nonconformance. Unless qualified by this Section, it is the intent of this Ordinance to permit legal nonconformances to continue, to regulate their expansion, and to encourage their conversion to conforming uses, structures or lots. (Amended by Ordinance # 2293).
(b). Nonconforming recorded lots shall be subject to the provisions of this subsection in addition to the limitations imposed by other provisions of this ordinance.
(1). Nonconforming recorded lots owned separately and individually from all other contiguous adjoining land may be used for any primary use permitted in the district in which it is located provided that such use is not subject to special area requirements and providing that only one dwelling unit may be created on nonconforming residential lots.
(2). No residential structure shall be installed on a nonconforming lot having a width less than forty (40) feet in an RT, RI, or RU district or less than fifty (50) feet in any other residence district unless the nonconforming lot is subject to the provisions of § 153.06.6(a) of this Ordinance. (Amended by Ordinance # 12291).
(3). Nonconforming recorded lots, or combinations of lots and parcels, with continuous frontage which area held in common ownership (or come into common ownership) shall be assembled into conforming parcels, or parcels that most nearly conform if absolute conformity is not possible.
(4). Conforming structures housing conforming uses but located on nonconforming recorded lots shall be permitted alterations, enlargements or additions provided such operations do not violate any yard, coverage, height, or other district specifications.
(c). Nonconforming uses of land shall be subject to the provisions of this subsection in addition to the limitations imposed by other terms of this ordinance.
(1). Nonconforming uses of land shall not be enlarged, increased or extended to occupy a greater area of land than was occupied at the effective date of this Ordinance or amendment that created the nonconformance unless a variance or special exception is granted by the Board of Zoning Appeals. (Amended by Ordinance # 2293).
(2). Nonconforming uses of land shall not be moved in whole or in part to any other location on its lot parcel unless a variance or special exception is granted by the Board of Zoning Appeals. (Amended by Ordinance # 2293).
(3). In the event a nonconforming use of land is discontinued for a period of one (1) year, it shall not thereafter be reestablished.
(4). Any nonconforming open use of land shall be discontinued within five (5) years from the effective date of the ordinance or amendment creating the nonconformance.
(d). Nonconforming uses of structures shall be subject to the provisions of this subsection in addition to the limitations imposed by other terms of this ordinance.
(1). An existing structure devoted to a use not permitted by this Ordinance in the district in which it is located shall not be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a conforming use unless a variance or special exception is granted by the Board of Zoning Appeals. (Amended by Ordinance # 2293).
(2). Any nonconforming use may be extended throughout any parts of a building that was manifestly arranged or designed for such use at the effective date of this Ordinance or amendment creating the nonconformance, but no such use shall be extended to occupy any land outside such building unless a variance or special exception is granted by the Board of Zoning Appeals. (Amended by Ordinance # 2293).
(3). Any nonconforming structure (or structure and land in combination) in or on which the nonconforming usage is superseded by conforming usage shall thereafter conform to the regulations for the district in which such structure is located, and the nonconformance shall not be resumed.
(4). Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(5). A nonconforming use may not be carried on in a structure erected after the use becomes nonconforming; however, a use designated for a building for which a building permit is issued before the effective date of this ordinance or amendment creating the nonconformance may, if otherwise lawful, be carried on even though it is conforming, but only if: (1) construction is diligently carried on before the expiration of ninety (90) days after the date of the permit; and (2) the structure is completed according to the filed plans within three (3) years of the effective date of this ordinance or the amendment creating nonconformance.
(e). Nonconforming structures shall be subject to the provisions of this subsection in addition to the limitations by other terms of this Ordinance. (Amended by Ordinance # 2293).
(1). No nonconforming structure may be enlarged or altered in a way that increases its nonconformance unless a variance or special exception is granted by the Board of Zoning Appeals. (Amended by Ordinance # 2293).
(2). When a nonconforming structure or a structure designed for nonconforming use is damaged by fire, explosion, act of God, or the public enemy to the extent of fifty (50) percent of its current market, value, exclusive of foundations, it shall not be restored except in conformity with the provisions of this ordinance.
(3). Should any structure be moved for any reason beyond its lot or parcel, it shall thereafter conform to the regulations of the district in which it is located after it is moved.
(f). Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any responsible government official charged with protecting the public safety, upon order of such official.
(g). With the approval of the Board, a nonconforming use of structure or land may be changed to another nonconforming use of the same or greater restrictiveness, but if changed to a use of greater restrictiveness the Board shall not thereafter allow a reversion to former status.
(h). No conforming lot shall be made conforming, no conforming structure shall be made nonconforming, nor shall the degree of nonconformance of any nonconforming lot or structure be increased through a division or reduction in lot dimensions or size through sale or otherwise.
§ 153.05.8 Contingent Dwelling Units (Amended April 2, 2002 by Ordinance # 2002-7).
(a). Contingent dwelling units are permitted in non-residential structures in BC, BG, and BL districts that such units shall not:
(1). Occupy street-level frontage, and
(b). Subject to the above restrictions, the number of units permitted per lot shall be limited to the following:
(1). Not more than one (1) unit per fifteen-hundred (1,500) square feet of lot are in BC districts and in BG districts adjoining BC districts.
(2). Not more than one (1) unit per two-thousand, five-hundred 2,500 square feet of lot area in other BG districts.
(c). The minimum square footage for any contingent dwelling unit is seven-hundred, twenty (720) square feet. Such units must also meet all applicable building codes for dwelling units.
§ 153.05.9 Uses Not Specified (Amended April 2, 2002 by Ordinance # 2002-7).
(a). Intent - The establishment of zoning districts on the zoning map by the Commission and the Common Council illustrates what the City believes to be the best use of land for specific areas of Garrett, according to the policies established in the Comprehensive Plan. Land uses that are not indicated as permitted uses in Table 1 of this Ordinance are to be discouraged.
The Zoning Administrator however, in order to facilitate consideration of non-permitted uses, shall inform an applicant for an Improvement Location Permit, upon proposing a non-permitted use, of the following options:
(1). Whenever an application for an Improvement Location Permit is made for a use that is not specified in Table 1 or elsewhere in this ordinance, the zoning administrator shall:
a. Advise the applicant that the proposed use is not permitted in the district in which the property proposed for the use is located.
b. Advise the applicant that they may apply for a use variance; or
c. Advise the applicant that they may apply to amend the Zoning Ordinance in such a manner as to make the proposed use a permitted use in the relevant zoning district; or
d. Advise the applicant that they may apply to amend the zoning map so that the property subject to the proposed use is rezoned to a classification that permits the proposed use.
e. Notify the applicant that his request is being held pending city action.
(2). Notify the commission within ten (10) days that an application for an unspecified use is on file and forward his recommendation on amending the ordinance or zoning map to accommodate the use.
NOTE: This Code is subject to amendment periodically
as permitted by the Indiana Code. Such amendments
may not be immediately posted to this site.
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