(A) Accessory buildings cannot be erected in any front yard. Parcels five acres or larger in the AG and RR Districts are exempt from this requirement. A minimum ten-foot separation is required between accessory buildings and other building.
(B) A detached accessory building or structure may be erected in a rear or side yard if set back at least ten feet from the rear and five feet from the side property lines unless otherwise provided by this chapter.
(C) An accessory structure cannot exceed a height of 25 feet unless otherwise exempted by this chapter.
(D) An accessory building or accessory structure cannot be constructed on a lot before the principal building or use is constructed on the lot.
(E) Swing sets, playground equipment, garden trellises, well-head covers, flag poles, bird baths, and similar above-ground yard equipment accessory to a residential use are exempt from the provisions of this subsection, except for height limitations.
(F) Buildings and structures accessory to non-residential uses must meet the minimum setback requirements and height limitations for principal buildings in the respective zoning district.
(G) Accessory buildings and structures must use the same public utility connections as the principal building.
(H) Satellite dish antenna. These regulations apply to satellite dish antenna and other satellite reception devices greater than two feet in diameter.
(I) General purposes.
(1) These regulations are designed to promote the public health and safety by providing criteria for the placement of these antenna. This ensures that all installations limits endangerment of life and property on the site and surrounding properties due to collapse or destruction.
(2) These regulations are also designed to decrease the potential for urban blight in residential neighborhoods generated by guy wires, poles, cables, and other appurtenances.
(3) These regulations allow satellite dish antenna installations in a manner that: (a) does not unreasonably delay or prevent the installation, maintenance, or use of the antenna; (b) does not unreasonably increase the cost of installation, maintenance or use of the antenna; or (c) preclude reception of an acceptable quality signal.
(J) General requirements.
(1) A satellite receiver antenna two feet in diameter or less may be installed in any location in accordance with the provisions of I.C. 36-7-4-201.
(2) Satellite dish antenna greater than two feet in diameter may be erected in the R-4 and R-5 residential zoning districts after an improvement location permit is obtained, provided the following criteria are met:
(a) The satellite dish antenna is ground mounted;
(b) The diameter does not exceed ten feet;
(c) The height does not exceed 12 feet;
(d) It is located between the rear building line of the principal structure and the required rear yard setback line. In case of a corner lot, the antenna must not be located within the street side yard.
(3) In the R-5 residential district, a satellite dish antenna may be roof mounted provided the diameter is no more than ten feet, and the height of the antenna is no more than 12 feet. A roof mounted satellite dish antenna must be located at least ten feet behind the front roofline of the structure. A roof-mounted antenna cannot exceed the maximum height requirement of the zoning district.
(4) Satellite dish antenna may be erected in any nonresidential zoning district provided:
(a) The diameter must not exceed 12 feet.
(b) The height of a ground-mounted antenna must not exceed 25 feet.
(c) The height of a roof-mounted antenna cannot exceed 15 feet.
(d) A roof-mounted antenna must not exceed the maximum height requirement of the zoning district. A roof mounted satellite dish antenna must be located at least ten feet behind the front roofline of the structure.
(e) A ground-mounted antenna must comply with the yard setback requirements of the district. Antenna must not be in a front yard or open space.
(5) Satellite dish antennas must be installed and maintained in compliance with all applicable building and electrical codes and are subject to the following standards:
(a) Satellite dish antennae must be solid in color.
(b) Not more than one antenna greater than two feet in diameter is allowed on any lot unless shown on an approved site plan.
(c) No advertising, logos, or corporate symbols are permitted on any satellite dish antenna greater than two feet in diameter.
(K) Amateur radio standards. Individual amateur transmitting and receiving antennae and associated support structures owned or operated by licensed amateur radio operators are permitted as accessory structures according to these provisions.
(1) Amateur radio club and repeater station antennae and support structures are permitted to the height necessary to maintain reliable communications.
(2) Antenna structures of amateur radio operators licensed by the Federal Communication Commission may not exceed 75 feet above grade. The height is measured vertically and includes the height of the building where the antenna support structure is mounted.
(3) Antennae may be located above the antenna support structure as necessary for effective radio communications.
(4) Upon the Federal Communication Commission licensed operator's cessation of ownership or leasehold rights in the antenna support structure, or on loss of his or her federal amateur radio license (whichever occurs first), the operator must safely remove all antenna support structures within 30 days at no expense to the town. If the operator fails or refuses to remove the antenna support structure, the owner of the subject lot is responsible for the removal of all such structures. Failure to remove antenna support structures is a violation of this chapter and subject to enforcement (see § 154.183(I)).
(5) On residential lots, antenna support structures must be located between the rear building line of the principal structure and the required rear yard setback line. For a corner lot, the antenna cannot be located within the street side yard.
(6) Nothing in this section affects any existing antenna support structure utilized by any federally licensed amateur radio operator constructed and in place before the passage of this chapter.
(L) Swimming pools and hot tubs. In addition to conforming to the regulations for accessory structures, all swimming pools and hot tubs must meet the following requirements:
(1) Swimming pools cannot be installed without first being issued an improvement location permit according to § 154.181(B).
(2) Swimming pools or hot tubs cannot be in any required front, side, or rear yard setback or closer to the street than the front fagade of the principal structure.
(3) Swimming pools or hot tubs cannot be constructed unless adequate distance from overhead electrical wires is provided according to the current National Safety Code and National Electrical Code.
(4) All swimming pools and hot tubs must be included in the calculation of maximum lot coverage.
(5) All swimming pool construction, including associated decking, fencing, and means of access must conform with the regulations set forth in 675 I.A.C. 20-4.
(Ord. 2022-17, passed 7-19-2022)