A. Accessory Dwelling Unit (ADU).
1. An Accessory Dwelling Unit (ADU) may be created through new construction, conversion of an existing structure, addition to an existing structure, or conversion of an existing house to an ADU while simultaneously constructing a new primary dwelling on the site where there is adherence to all zoning regulations for both structures. A permit is required for the construction or addition of an ADU. The following standards apply to ADU’s:
a. Lot size must be at least eight thousand, five hundred (8,500) square feet in order to construct a detached ADU;
b. Only one (1) accessory unit is allowed on a lot;
c. Exterior finish materials must visually match in type, size and placement, the exterior finish materials of the primary dwelling;
d. The property owner must permanently reside in either the principal unit or the accessory unit;
e. The maximum size of a detached ADU is eight hundred (800) square feet of floor area and the maximum height must adhere to the accessory dwelling height maximum for the respective district or zone. All other requirements for an accessory structure must be met;
f. There must be a sidewalk from the street to the primary entrance of a detached accessory unit;
g. An accessory unit on the upper floors of the principal structure shall have an interior stairway to the primary entrance of the accessory unit. Secondary stairways may be located on the exterior, but not on the front exterior of the building;
h. Provided that the parking requirement is met for the principal one-family dwelling, no additional parking is required; and
i. All utilities extended to serve the ADU must be underground. All ADUs must adhere to Indiana State Building Codes.
B. Private Swimming Pool. Private above-ground or below-ground swimming pools may be constructed as an accessory use to any primary use. The following standards apply:
1. A permit is required prior to the construction of all below-ground swimming pools with a depth greater than two feet (2');
2. Swimming pools are permitted in the side or rear yards only and must be set back at least ten feet (10') from side and rear property lines;
3. Swimming pools with a depth of more than two feet (2') must be enclosed by a protective fence at least four feet (4') in height. The fence must include self-closing, lockable gates or entrances when the pool is not tended by a lifeguard or an adult occupant of the primary residential structure; and
4. Every swimming pool shall be provided with a suitable draining method, and in no case shall waters from any pool be drained into the sanitary sewer system, onto lands of other property owners adjacent to that on which the pool is located or in the general vicinity.
C. Accessory Structures. The location and height of accessory structures, where permitted, are regulated based on the district or zone where subject property is found. The following additional standards apply:
1. Accessory structures may be constructed only on a property where there is an existing primary structure.
2. Two (2) accessory structures of differing types shall be permitted per property. Types shall be defined as:
a. Detached Garage.
b. Accessory Dwelling Unit.
c. Pool house.
d. Shed or Barn.
3. Properties greater than two (2) acres may have one (1) additional accessory structure per acre of land to a maximum of five (5) accessory structures.
4. Playground equipment must comply with accessory structure location criteria.
5. Accessory structures under three hundred (300) square feet shall be made of wood, fiber cement, masonry or the same materials as the primary structure. In no instance shall steel be utilized.
6. Accessory structures over three hundred (300) square feet shall have a thirty-six inch (36") tall mortared masonry wainscot and shall utilize wood, fiber cement, masonry, steel or the same materials as the primary structure for the balance of the facade.
7. Residential accessory structures shall not exceed one hundred fifty percent (150%) of the enclosed square footage of the primary structure. This is aggregate for all accessory structures on the property.
8. Commercial and Industrial accessory structures shall not exceed twenty-five percent (25%) of the enclosed square footage of the primary structure. This is aggregate for all accessory structures on the property.
9. Agricultural accessory structures shall not exceed four hundred percent (400%) of the enclosed square footage of the primary structure. This is aggregate for all accessory structures on the property.
10. Accessory structures must be located in a rear yard.
D. Temporary Accessory Structures. Temporary accessory structures may be utilized on private property provided the following criteria are met:
1. One (1) temporary accessory structure may be placed on any commercial or industrial property for up to forty-five (45) days per calendar year and shall not exceed eight feet (8') by forty feet (40').
2. One (1) temporary accessory structure may be placed on any residential, agricultural, or institutional property for up to thirty (30) days per calendar year and shall not exceed eight feet (8') by twenty feet (20').
3. Temporary accessory structures must be placed on a paved surface and must not interfere with site circulation.
(Ord. 20-29, §2, 9-21-20; Ord. 21-44, §1, 10-4-21)