(A) Limit. Only one principal building or structure shall be permitted on any lot.
(B) Residential corner lots. No fence, wall, hedge, or other structure or plant that would obstruct vision will be permitted within the triangle formed by the street pavement edge and a line extending between the points along the pavement edge 25 feet from the corner.
(C) Unclassified uses. If the Zoning Administrator is unable to determine whether a proposed use is permitted, he shall make an interpretation based on the intent of the Comprehensive Plan. The Board of Zoning Appeals shall hear appeals of interpretations made by the Zoning Administrator.
(D) Vacated areas. Whenever a street, alley or other public way shall be vacated, the street, alley, or way shall be classified in the same zoning district as the adjoining property. Should the street, alley or way divide two or more different zoning districts, the Plan Commission shall decide the zoning of the area.
(E) Manufactured homes. All manufactured home units must meet any applicable floor area requirements within one unit. It shall not be permissible to join more than one manufactured home unit or to make site built additions to a unit in order to meet minimum floor area requirements. Double-wide and multi-sections, which are constructed in separate sections due to transportation limitations and are designed and sold as one unit shall meet the requirements of this clause.
(F) Roofing materials. Unless otherwise specified, all new or relocated homes shall utilize only the following materials as an exterior roofing material:
(1) Asbestos shingles;
(2) Fiberglass shingles;
(3) Shake shingles;
(4) Asphalt shingles;
(5) Tile materials;
(6) Approved metal roofing materials; and
(7) Approved rubber or rubberized roofing materials.
(G) Foundations. Unless otherwise specified under permitted uses, all new or relocated homes shall be placed upon a permanent foundation and have a permanent perimeter wall constructed of poured concrete, cement block or stone.
(H) Special exceptions for existing uses. When a use in existence at the time of passage of this section is listed as a special exception in the zoning district in which it is located, a special exception shall automatically be granted for that use. The special exception shall be effective the date of passage of this section.
(I) Substandard lot of record. A lot which is an official lot of record at the time of adoption of this section is exempt from the minimum lot area and floor area ratio requirements of this section. However, if the lot owner intends to utilize it for building purposes and cannot meet the setback requirements, then the owner must apply for a variance from the terms of this section.
(J) General fence provisions. The Zoning Administrator shall approve all fences. All fences except boundary line fences in agricultural districts shall have a two-foot setback from the property line unless the property owners mutually agree otherwise in writing and record the agreement with the Steuben County Recorder. No fence is to be erected closer than two feet from any sidewalk, public property or right-of-way. No fence shall be erected or situated in such a manner as to obscure vision of drivers on public streets or highways. Fences, new and replacement, require an improvement location permit as an accessory use.
(K) Residential fence restrictions. In the R-1, R-2, R-3 and R-4 districts, the following additional restrictions shall apply:
(1) The town classifies fences into two main categories and those categories are solid fence and open fence. A solid fence is less than 50% open as viewed from the outside of the fence. An open fence is categorized as having greater than 50% open as viewed from the outside of the fence.
(2) Solid fences and open fences may be placed as follows:
(a) Solid fences may not exceed six feet in height. Open fences may not exceed six feet in height.
(b) Solid fences and open fences may be placed in a rear yard and the fences may also be placed in a side yard subject to the applicable setbacks and also subject to the provisions of § 153.21(J).
(3) Security fences (chain link or wooden) not exceeding six feet in height may be placed as follows:
(a) Rear yard subject to the applicable setback and also subject to the provisions of § 153.21(J).
(b) Side yard subject to the applicable setback and also subject to the provisions of § 153.21(J), but in no case shall the side yard fence be located nearer the front yard than the front of the house.
(c) For the purposes of this section, the side of a house facing a public street on a corner lot shall be considered the front of the house and the side yard facing the street considered a front yard.
(4) All fences shall be maintained and kept in good repair.
(5) The height of a fence shall be measured from the top of the fence (excluding post or end caps) when those post or end caps are six inches or less in height but including the post or end caps when they exceed six inches in height. The measurement shall be taken from the top of the fence to the surface of the yard grade immediately beneath the fence.
(6) All fences shall be constructed without alteration to the grade of the lot. The placing, locating or accumulating materials such as mulch, rocks, gravel, and soil underneath a fence is deemed to be an alteration of the grade of the lot and is prohibited. The use of pre-built sections of fence on lots with a grade steep enough to result in the “stair stepping” of fences is discouraged. Alterations of the grade to that portion of a lot where a fence is proposed to be erected are not permitted unless a grading plan is submitted to and approval by the Zoning Administrator.
(7) Fences in easements are discouraged. Fences in easements that are exclusively for lake access are prohibited. Fences constructed in an easement are subject to the conditions of the easement which may result in the fence being removed in order for work to be done in the easement. All removals and replacements or repairs will be done at the expense of the property owner.
(L) Special fences.
(1) Temporary snow fences shall be permitted from October 1 to April 1 considering acts of God without prior approval.
(2) Swimming pools shall be fenced upon completion or within seven days after being filled with water whichever occurs first. Existing pools have six months to comply. The town or its agents, commissions, or boards shall not be held responsible for the adequacy of the fence or the noncompliance of any landowner. The fence shall be a security-type fence not less than five feet in height which completely encloses the pool area. This requirement applies to both above ground and inground pools and permanently installed above ground pools with a filtration system.
(3) Hedges and boundary line shrubs are not considered fences for the purposes of divisions (J) and (K) except that no hedge shall be planted within two feet of the property line or permitted to grow in such a manner as to obscure vision of drivers on public streets or highways, or lake views in lake residential areas, or to a height exceeding four feet, or beyond the owner’s property line.
(M) Residential rezoning. Areas within or outside the corporate limits shall not be rezoned R-1, R- 2, R-3 or R-4 if the area to be rezoned is within 1,000 feet of an industrial district.
(N) Buffer strips. The Plan Commission shall require a buffer strip of not less than 20 feet around all sides of an industrial site.
(O) Industrial zoning.
(1) Industrial rezoning shall not occur around or near lakes, the downtown area, adjacent to housing development or within 1,500 feet of the Hamilton Community Schools.
(2) Industrial zoning shall not occur within 1,000 feet of R-1, R-2, R-3 or R-4 districts.
(P) Livestock and poultry. Livestock and poultry, excluding domesticated house pets, 4-H projects, F.F.A. projects and school-related projects shall not be raised, boarded or pastured in subdivisions, residential zoning districts or business districts unless the parcel of land is two acres or larger in size.
(Q) Detached garages and storage buildings. Detached garages or storage buildings to be constructed in subdivisions and/or residential zoning districts exceeding 15 feet in height and/or having ground floor area exceeding 1,200 square feet will require a development standard variance.
(R) Property located in two zoning districts. When a property is located in two zoning districts, the most restrictive requirements shall apply.
(S) Sheds.
(1) A shed is an accessory structure that is not used or designed for human occupancy.
(2) A shed of 200 square feet of less of floor area may be located on a foundation or on skids.
(3) A shed of 201 square feet up through and including 720 square feet of floor area must be located on a permanent foundation as required by the Indiana Building Code and as administered by the Steuben County Building Department or the DeKalb County Building Department, as the case may be, the appropriate building department shall be contacted for the then existing foundation requirements.
(4) A shed of 721 square feet or more of floor area must be located on a foundation with 36- inch footers.
(5) Sheds of 201 square feet or more must also comply with the shed regulations of Steuben County or DeKalb County, as the case may be.
(6) All sheds require an improvement location permit; however, sheds less than 30 square feet of floor area shall be issued an improvement location permit at no charge.
(T) Semi-trailer.
(1) Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests on or is carried by another vehicle.
(2) A semi-trailer is not a structure, accessory structure or building as defined in Chapter 153.
(3) A semi-trailer used for temporary or permanent storage is prohibited in all Residential Zoning Districts, whether or not the semi-trailer is located on public or private property.
(4) Nothing contained in this division (T) shall prohibit the proper use of a semi-trailer being drawn by a tractor for the hauling of persons or property in its capacity as an over-the-road vehicle.
(U) (1) All lake front access points including, but not limited to, lake front recreational areas, beaches, parks, playgrounds, regardless of whether such an area has been specifically denominated as a common area or access point, whether located in a residential subdivision, apartment building development, condominium, cooperative, neighborhood association, or associated with an organization, club, retirement community, mobile home park, mobile home subdivision, subdivisions (exempt or non- exempt) subject to the following linear footage requirement:
First residential unit 60 feet of shoreline
Second residential unit 30 feet of shoreline
Each additional residential unit 20 feet of shoreline
(2) Back lots which may access the lake through a lake front access point as referred in division (U)(1) are limited to and defined as a parcel of real estate contiguous to the lake front access point. A parcel of ground separated from the lake front access point by a road right-of-way, which would otherwise be touching and contiguous to the lake front access point, is considered contiguous.
(V) Recreational vehicle. The use of recreational vehicles, motor homes and similar vehicles (hereinafter collectively referred to as “recreational vehicles”) for temporary living quarters on a lot, parcel, or tract of real estate and any combination of lots, tracts or parcels of real estate upon which there is situated a residence as the principal structure is prohibited in all zoning districts except as otherwise provided herein. A recreational vehicle may be used for temporary living quarters for no longer than 72 continuous hours and then only once in a 30 day period. The first day of any 30 day period is the day of a prior violation of this chapter, as determined by the Zoning Administrator. It shall be presumed that a recreational vehicle is being used for residential purpose if it remains parked for more than 72 continuous hours, is connected to a power source or is running a generator, or is connected to a water source. It shall not be a defense to a citation for the violation of this division that the recreational vehicle was moved or driven during the 72 hour period. Violations of this division shall be considered a violation of the Hamilton Zoning Code and will also be considered a violation of the Hamilton Nuisance Ordinance. Each day a violation occurs or is permitted to occur shall be considered a separate violation. This division shall not apply to R-4 Mobile Home District.
(‘88 Code, § 10-3-6) (Ord. 82-4, passed 4-26-82; Am. Ord. 91-4, passed 1-6-92; Am. Ord. 94-2, passed 4-4-94; Am. Ord. 98-8, passed 8-31-98; Am. Ord. 2002-17, passed 11-4-02; Am. Ord. 2002-18, passed 12-2-02; Am. Ord. 2003-03, passed 5-5-03; Am. Ord. 2004-04, passed 3-1-04; Am. Ord. 2004-19, passed 10-4-04; Am. Ord. 2004-24, passed 12-6-04; Am. Ord. 2006-07, passed 6-19-06; Am. Ord. 2006-11, passed 9-11-2006; Am. Ord. 2009-3, passed 7-26-12; Am. Ord. 2013-3, passed 3-4-13; Am. Ord. 2021-3, passed 4-5-21)