(A) Intent. Accessory uses shall be permitted in all zone districts in accordance with the provisions of this section. Accessory uses:
(1) Shall be incidental and 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 as the principal use;
(3) Shall be clearly subordinate in height, area, bulk, extent and purpose to the principal use served;
(4) Shall not be located closer to any lot line than the minimum setback line required, unless specified in this chapter; and
(5) Shall be permitted prior to the erection and operation of the principal use if the accessory use meets the following criteria:
(a) Use for storage or securing of equipment.
(b) Use for farm animal shelters or barns.
(c) Any use in accordance with § 153.35 with a temporary improvement location permit.
(d) At no time shall an accessory use be used for living, sleeping, or housekeeping purposes.
(B) Interpretation.
(1) Such appurtenant features as walks, driveways, curbs, drainage installations, retaining walls, mailboxes, lamp posts, bird baths and structures of a like nature, are allowed without permits. (See § 153.26(H))
(2) The growing of vegetation, provided it is not for profit, is allowed without a permit.
(3) The keeping of domestic pets, provided it is not for profit and not construed as a kennel, is allowed without permit.
(4) Fences, walls and structural screens are allowed without permit when they do not impede intersection visibility. (See § 153.26(G))
(5) Such buildings or structures as patios, outdoor fire places, doghouses, children's play equipment, and also detached storage buildings, bath houses and cabanas not exceeding 150 square feet in size are allowed without permit when the yard requirements of this chapter are adhered to.
(6) Rummage or garage sales are allowed without permit in any district provided there are not more than two such sales annually of not more than three days duration each on the premises. Rummage
or garage sales of more than three but not more than ten days require a temporary improvement location permit.
(C) Application of accessory uses.
(1) Such buildings or structures as private garages, carports, canopies, portecocheres, small greenhouses, and similar accessory buildings or structures.
(2) Off-street motor vehicle parking and loading areas, as set forth in § 153.36, provided, however, for residential uses not located in subdivisions as defined in Chapter 152, one such space may be provided for a commercial vehicle. (See § 153.38(B))
(3) Signs, as set forth in § 153.37.
(4) Swimming pools.
(a) No person shall construct, remodel, or alter any swimming pool until a permit to do so is obtained from the Executive Director. An application for such permit shall be filed with the Executive Director, on a form furnished by him, together with the plans and specifications for such pool. An application for such permit shall be filed on a form furnished by the Area Plan Commission office. Included with the application shall be plans and specifications for the pool. The Director shall examine such plans and specifications to determine whether or not the pool will comply with the provisions of this chapter. If it appears that the pool will comply therewith, he shall note his approval on the plans and specifications and shall issue a permit authorizing the work to proceed. The construction and installation of any swimming pool must comply with all provisions of the Area Zoning Code, Indiana Swimming Pool Code and the Indiana Electric Code.
(b) The Executive Director is authorized to enter on any premises to determine whether or not the owner has complied with the provisions of this chapter.
(c) For the purpose of this section, FAMILY/RESIDENTIAL SWIMMING POOL shall mean an artificial body of water greater than 24 inches in depth designed for swimming, diving, wading or other recreational use that is constructed in or on the ground in such a manner that the pool cannot be disassembled without the use of tools.
No family swimming pool shall be constructed except on the same lot as the owner's dwelling or on a vacant lot immediately contiguous thereto if it is under the same ownership as the dwelling. The following conditions must be met if the pool is to be located on the same building lot as the dwelling of the owner.
1. The pool must be constructed in the rear yard but not closer at any point than ten feet from the residence or accessory building;
2. The pool must be enclosed by a fence in the manner set forth below and at no point may the fence be closer than ten feet to any property line;
3. A fence surrounding or partially surrounding a pool shall not be closer than six feet to the edge of the pool at any point; and
4. The surface area of the pool may not exceed 25% of the area of the rear yard.
(d) When a pool is located on a lot contiguous to the lot on which the owner's house is located and under the same ownership as the dwelling the following conditions must be met:
1. No part of the pool shall be located forward of the setback line of the owner's dwelling;
2. The pool may not be located closer than ten feet from the property line of any other property owner, residence or accessory building;
3. No pool shall be built across any property line regardless of the ownership thereof; and
4. If the contiguous lot has frontage on a street other than that on which the owner's dwelling is located, no part of the pool shall be forward of the minimum setback line.
(e) It shall be unlawful for any person to make, continue, or cause to be made or continued at any pool, any loud, unnecessary, or unusual noise or any noise which annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others. In the operation of a pool, the use or permitting the use or operation of any radio, receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing of the person who is in the pool premises shall be unlawful.
(f) Lights to illuminate any pool shall be so arranged and shaded as to reflect light away from adjoining premises and streets.
(5) Amateur radio-sending and receiving antennae, provided the height thereof, including masts, shall not exceed 75 feet measured from finished lot grade; and provided further that such apparatus does not cause any interference with radio or television receivers in the vicinity.
(6) Management office in multi-family dwelling or apartment use, and other facilities normally associated with tenants' conveniences, such as vending machines and washing machines, provided there is no exterior display.
(7) Fall-out shelter.
(8) Residential occupancy by domestic employees on the premises.
(9) Foster family care where children unrelated to the residents by blood or adoption are cared for according to state statutes, provided that no sign shall be displayed.
(10) Stables and animal pens, on residential lots of at least three acres; provided, however, any structures, pens or corrals housing animals shall be 100 feet from an adjoining property line, except where animals are kept in sound-proof air conditioned buildings, in which case the required setback line is 50 feet. (See § 153.24 for other stables and raising and breeding non-farm fowl or animals.)
(11) Storage areas, as regulated in applicable section of this chapter.
(12) Private residential garages and carports for the storage of motor vehicles, which are clearly accessory and not for commercial purposes.
(13) Storage or parking of recreational vehicles in the open subject to the following conditions:
(a) In any district the wheels or any similar transporting devices of any recreational vehicle shall not be removed except for repairs, nor shall such vehicle be otherwise permanently fixed to the ground in a manner that would prevent ready removal of said types of mobile structures.
(b) Recreational vehicles may be stored or parked by the owner thereof behind or alongside the primary building in such a manner that no part of any such vehicle shall project beyond the front or side setback lines of the lot.
(c) Not more than two recreational vehicles will be permitted to be parked or stored in the open on residential property at any one time; provided, however, that one additional such vehicle will be permitted for visitation for seven consecutive days and not to exceed 14 days in any one year, in accordance with § 153.34.
(d) At no time shall such parked or stored recreational vehicle be occupied or used for living, sleeping or housekeeping purposes, except as provided for visitations in subdivision (c) above.
(e) Notwithstanding the provisions of subdivision (d) above, recreational vehicles may be parked anywhere on the premises for loading or unloading purposes, for not longer than a period of 48 consecutive hours in any one-week period. (See § 153.34)
(14) Storage of a continually unoccupied mobile home is only permissible in a business or industrial district at a location legally qualified to render storage for said mobile home.
(15) Satellite (earth) television antennas in accordance with the following standards:
(a) There shall be one satellite television antenna permitted per residential lot.
(b) In all districts, a satellite television antenna having a diameter greater than four feet shall be located on the ground upon and within a poured concrete foundation to the rear of the principal building on a lot, and within the building area, and shall not exceed 13 feet in height or the height of the main structure, whichever is less.
(c) In all districts, a satellite television antenna having a diameter of four feet or less may be located on the principal building or an accessory building on a lot, and shall not exceed a height of more than four feet above the roof on which it is mounted, subject to the particular height requirements of the district. When an antenna having a diameter of four feet or less is located on the ground, all requirements contained in subdivision (b) herein shall apply.
(d) The satellite television antenna shall be screened from view by a fence or natural plantings and can be located in a side yard to the rear of the building setback lines if, in the opinion of the Executive Director, the antenna can be adequately screened from view.
(e) No satellite television antenna shall be linked to a receiver which is not located on the same lot or parcel of real estate.
(16) Confined feeding operation (CFO) - special exception in A-1 and A-2 zoning districts.
(a) Title, purpose and intent.
1. Title. This division shall amend the Fayette County, Indiana Connersville, Indiana Area Zoning Code and be known, cited and referred to as the Fayette County Confined Feeding Operation Siting Ordinance.
2. Purpose. The purposes of this division are to: To assure that any development of CFOs in Fayette County will preserve public health, safety, and welfare in accordance to the Fayette County Comprehensive Plan; balance property rights of the operators of CFOs with neighboring property owners; preserve property values of all rural land uses; to facilitate economic opportunities for local residents; and diversify the agricultural economy of Fayette County.
3. Intent. It is the intent of the Fayette County Confined Feeding Operations Siting Ordinance to provide a regulatory scheme for the construction and operation of confined feeding operations in Fayette County; subject to reasonable restrictions these regulations will preserve health and safety of the public and balance the property rights of all property owners.
(b) Definitions.
APPLICANT/OPERATOR. For the purposes of this division the applicant/operator is the owner/developer/land owner/lease holder of a CFO and/or the property on which the CFO is located. It does not include the individual or entity for which an applicant/operator is raising animals under contract.
CONFINED FEEDING OPERATION (CFO). Any confinement of at least 300 cattle, 600 swine or sheep or 30,000 fowl for at least 45 consecutive days where ground cover or vegetation is not sustained over at least 50% of the confinement area. Excludes livestock sales yards.
LIVESTOCK STRUCTURE. For the purposes of this code a livestock structure is a structure at a CFO that contains livestock and/or animal manure storage including deep pits and lagoons.
PUBLIC USE AREA. Any portion of land owned by the United States, the state, a political subdivision, or a private entity with facilities that attract the public to use the area for significant periods of time. Facilities include picnic grounds, campgrounds, lodges, shelter houses, playground equipment, lakes, and swimming beaches. It does not include highways, road rights-of-way, parking areas, recreational trails or other areas where the public passes through the area.
SETBACK. The distance from a property line, curb, road, public sidewalk, private or public right-of-way, or any other legally established reference line within which no building or structure may be erected.
(c) Applicability. The provisions of these confined feeding operations siting regulations are applicable to those districts which allow CFOs, governing the siting of CFOs.
(d) Prohibition. No person or entity shall construct, operate, or locate within Fayette County a CFO without having fully complied with the provisions of the confined feeding operations siting regulations.
(e) Conflict with other regulations. Nothing in the confined feeding operations siting regulations is intended to preempt other applicable state and federal laws or regulations. Nor are they intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute or provision of law. In the event that any provision of these regulations imposes restrictions different from any other ordinance, rule, regulation, statute, or provision of law, the provision that is more restrictive or that imposes higher standards shall govern.
(f) CFO development standards.
1. Minimum separation distances from CFO to another zoning district outside of A-1 or A-2 = 1,320 feet. Setback measured from the nearest point of any livestock structure to the nearest differently zoned parcel.
2. Minimum separation distances from CFO to the corporate limits of the City of Connersville and the Town of Glenwood = one mile.
3. Minimum separation distances from CFO to residence = 1,620 feet. Setback measured from the nearest point of any livestock structure to the nearest point of the residence.
4. Minimum separation distances from CFO to public use area = one mile. Setback measured from the nearest point of any livestock structure to the nearest property line of the public use area.
5. Minimum separation distances from CFO to recorded rural subdivision = one mile.
6. Minimum separation distances from CFO to church or school = 1,320 feet. Setback measured from the nearest point of any livestock structure to the nearest point of any structure of church or school.
7. Minimum lot size: ten acres.
8. Minimum road frontage (lot width): A-1 = 150 feet; A-2 = 75 feet.
9. Minimum font, side and rear yard setbacks from property line to CFO structure: 100 feet.
10. A CFO may not locate within 1,620 feet of an existing residence except for a dwelling which is the legal residence of the owner of the CFO.
(g) Submission requirements and approval process.
1. The following items must be submitted with the completed application.
a. Site development plan. The site development plan shall be drawn to scale and submitted with application. The site development plan must include the following items: Location of all existing and proposed structures, distance of all existing and proposed structures to property line, location and dimensions of all drives, parking and loading areas, and construction and post construction erosion control plans.
b. Map showing how all the development standards listed under (f)1. are met.
c. Copy of the confined feeding operation application package submitted to the Indiana Department of Environmental Management.
d. A CFO shall have all required Indiana Department of Environmental Management approvals and be in compliance with IDEM regulations prior to the issuance of any Improvement location permits.
2. Review process: The following procedures shall govern the application submission, review and issuance of all permits for any CFO under this division.
a. Applications. All applications for any permit associated with the development of a CFO shall be submitted to the Director on a special exception application form provided by the Fayette County Area Plan Commission.
b. Fees. Each application for the development of a CFO must be accompanied by the special exception fees as adopted under this code and the complete submission requirements as specified under division (C)(16)(g)1.a.
c. Completeness. Within ten business days of receiving an application for the development of a CFO the Director or designated staff member shall review the application for completeness. If the application is incomplete Area Plan Commission staff shall send notice to the applicant detailing the specific ways in which the application is incomplete or deficient. If the Director determines that the application is complete the Director shall schedule the public hearing for the next available scheduled Fayette County Board of Zoning Appeals meeting.
d. Upon rejection of a special exception the Director shall provide notification of the rejection by U.S. mail. Upon approval of a special exception the Director shall provide notification of the rejection by U.S. mail.
e. Prior to construction of an approved CFO the applicant shall provide a complete improvement location/building permit application, final construction and site develop plans, and fees to Area Plan Commission staff and permit application is approved prior to commencing construction.
(Ord. 3095, passed 2-15-93; Am. Ord. 3338, passed 3-6-95; Am. Ord. 4632, passed 6-6-05; Am. Ord. 4642, passed 6-20-05; Am. Ord. 6769, passed 9-7-21) Penalty, see §
153.99