(A) Intent. The intent of these accessory use and structure standards is to address the unique features of these types of structures and uses; allow the reasonable utilization of property; and to ensure the provision of adequate light, air, and circulation on each property.
(B) General accessory use and structure standards applicable to all zoning districts except as specifically provided below.
(1) Order of establishment.
(a) No accessory use or structure shall be permitted to be located, placed, or established on any lot prior to the issuance of a permit for a primary use or structure. All accessory uses and structures shall be permitted only in association with, and on the same lot as, the primary use or structure. Properties located in the RR (Residential Rural) and A (Agriculture) zoning districts shall be exempt from these requirements for agricultural purposes only.
(b) Notwithstanding division (B)(1)(a) above, residential storage structures may be permitted as a primary use, subject to Board of Zoning Appeals approval of a special exception, in a residential zoning district pursuant to the following requirements:
1. The structure shall be for the sole purpose of storing the owner's or tenant's personal property;
2. The structure shall be located on a lot or parcel that is under the same ownership as the principal residence;
3. The structure shall be located on a lot or parcel that is adjacent to the principal residence;
4. The structure shall be located on a lot or parcel that conforms to the subdivision requirements and lot standards of Chapters 155 and 156 of the Hancock County code;
5. The structure shall be designed and built to conform to the architectural standards referenced in this chapter;
6. The quantity of such structures on the lot or parcel shall not exceed one; and
7. The maximum cumulative storage area on the lot or parcel shall not exceed 1,000 square feet.
(2) Incidental uses and structures. The following shall be considered incidental uses and structures and shall meet the requirements specified.
(a) Satellite dish. Satellite dishes located in a single-family residential zoning district shall not exceed 24 inches in diameter. In other zoning districts, and for satellite dishes that exceed 24 inches in diameter, the following requirements shall apply:
1. Location. In addition to the location requirements specified division (B)(5) below, no satellite dish (including anchors or supports) shall be located in the front yard.
2. Height. No satellite dish within residential zoning districts shall be mounted above the height of the eave of the roof. For other zoning districts, no satellite dish shall exceed ten feet in height from ground level (if mounted on the ground) or five feet in height above the highest point of the roof of the primary structure (if mounted on the roof). Satellite dishes shall be permitted to exceed these height requirements if a determination is made by the Board of Zoning Appeals, through the development standard variance process, that the increased height is technically necessary to successfully receive satellite signals.
3. Screening. Satellite dishes located in Commercial (C) or Institutional (IN) zoning districts shall be screened by the structure of the roof or by landscaping.
(b) Other incidentals. Bird baths and houses, mailboxes, lamp posts, doghouses, patios, yard ornaments, athletic courts, and similar items, except as otherwise stated in this chapter, shall be exempt from the requirements of this section.
(3) Vehicle use. In no instance shall a vehicle, including semi-tractor trailers, truck bed whether located on or off a truck chassis, and/or mobile home structure be used as an accessory structure in any district (such as for storage, etc.).
(4) Permitted accessory uses. Accessory uses shall be permitted in each zoning district as either permitted uses or special exceptions consistent with the permitted accessory uses table. All accessory uses shall be subject to the standards provided by this section. The Planning Director shall determine whether or not uses not specifically listed are permitted based on the consistency of each use with the intent of the district in which it is located.
(a) Accessory dwelling standards.
1. Single-family dwellings constructed and used as accessories to the primary dwelling on the property (otherwise commonly know as "mother-in-laws quarters" and "granny flats") shall be either:
a. Attached to, and designed and constructed as part of the primary
structure, or
b. Located above a detached garage or workshop.
2. In no case may any accessory dwelling exceed 850 square feet in living area.
(b) Day care home standards. Child day care homes shall meet the definition established by I.C. 12-7-2-28.6 and shall be consistent with all applicable regulations of the State of Indiana.
(c) Home occupation standards. Home occupations shall comply with all applicable provisions of the § 156.066.
(5) Accessory structure location. Accessory structures shall comply with the following location requirements:
(a) Septic fields. No accessory structures shall be placed in any operable septic fields.
(b) Landscaping and buffer areas. No accessory structure shall encroach into any required landscaped area or buffer yard.
(c) Yard location. No accessory structure shall be permitted in any front yard, or within the required side and rear yard setbacks.
Permitted Accessory Structure Locations
(6) Permitted accessory structures. The type of accessory structures, setbacks for accessory structures, and maximum number of accessory structures in each zoning district shall be consistent with the Permitted Accessory Structures table.
(a) Interpretation. The Planning Director shall determine whether or not accessory structures not specifically listed are permitted based on the consistency of each structure with the intent of the district in which it is located.
(b) Amateur radio and television and radio receiver antennas. All amateur radio antenna, CB radio antenna, antenna for receiving television signals, antenna for receiving radio signals, and all other personal broadcasting equipment shall meet the following requirements:
1. Location. In addition to the location requirements specified by division (B)(5) above, no antenna (including anchors or supports) shall be located in any side yard.
2. Height. No amateur radio tower shall exceed 48 feet in height from ground level or five feet in height above the highest point of the roof of the primary structure, whichever is greater. Amateur radio towers shall be permitted to exceed these height requirements if a determination is made by the Board of Zoning Appeals, through the development standard variance process, that the increased tower height is technically necessary to successfully engage in amateur radio communications.
Permitted Accessory Structures P - Permitted S - Special Exceptions | |||||||||||||||
A | RR | R1.0 | R2.5 | R3.5 | R5.0 | RMH | RM | CN | CC | CR | IN | IBD | IL | IG
| |
Permitted Accessory Structures P - Permitted S - Special Exceptions | |||||||||||||||
A | RR | R1.0 | R2.5 | R3.5 | R5.0 | RMH | RM | CN | CC | CR | IN | IBD | IL | IG
| |
Use of Structure | |||||||||||||||
Amateur radio and radio receiver antenna (see § 156.062(B)(6)(b)) | P | S | S | S | S | S | S | S | S | P | P | P | P | P | P |
Attached and detached decks 30 inches or more above grade | P | P | P | P | P | P | P | P | |||||||
Recreational greenhouses (less than 50 sq. ft.) | P | P | P | P | P | P | |||||||||
Detached garages and carports (1) | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P |
Dwelling, accessory | S | S | S | S | S | S | S | S | |||||||
Home occupation | S | S | S | S | S | S | S | S | |||||||
Mini-barns, sheds and gazebos (2) | P | P | P | P | P | P | P | P | P | ||||||
Swimming pools and hot tubs (above- ground and in-ground) | P | P | P | P | P | P | P | P | P | P | P | P | P | P | P |
Use of Land | |||||||||||||||
Commercial parking lot or garage | P | P | P | P | P | P | |||||||||
NA - Not Applicable | |||||||||||||||
(1) Carports not on a permanent foundation and less than 200 square feet shall not be counted as an accessory structure and shall be exempt from this section. | |||||||||||||||
(2) Permitted per residence or business use (no more than two of any type of accessory structure is permitted). | |||||||||||||||
(7) Park and recreation facility accessory uses and structures. Where park and recreation facilities are permitted, customary accessory uses and structures including but not limited to restrooms, refreshment stands and sporting goods sales are also permitted, subject to the following standards:
(a) Area. The maximum cumulative area occupied by accessory uses and structures, including any parking intended for accessory structure use that is separate from park and recreation area primary parking, shall not exceed 10% of the park and recreation site;
(b) Subordinate role. The accessory uses and structures shall be subordinate to the recreational character of the development;
(c) Design focus. The accessory uses and structures shall be located, designed and intended to serve only the needs of the park and recreation facility;
(d) Visibility. The accessory uses and structures shall present no visible evidence of their business nature to areas outside the park or recreation park facility;
(e) Parking. Parking for accessory uses and structures shall be consistent with the parking standards of § 156.069; and
(f) Waste containers. All dumpsters and other waste containers shall be screened consistent with § 156.076.
(8) Multi-family dwelling/manufactured home park accessory uses and structures. Where multi-family dwellings or manufactured home parks are permitted, customary incidental uses and accessory structures including but not limited to management offices, sales offices, storage facilities, day-care centers, self-service laundries, fitness centers, community centers, and recreation centers, shall also be permitted, subject to the following standards:
(a) Area. The maximum cumulative area occupied by accessory uses and structures, including any associated parking shall not exceed 10% of the park and development site;
(b) Subordinate role. The accessory uses and structures shall be subordinate to the recreational character of the development;
(c) Design focus. The accessory uses and structures shall be located, designed and intended to serve only the needs of the development;
(d) Visibility. The accessory uses and structures shall present no visible evidence of their business nature to areas outside the multifamily or manufactured home park facility;
(e) Parking. Parking for accessory uses and structures shall be consistent with the parking standards of § 156.069; and
(f) Waste containers. All dumpsters and other waste containers shall be screened consistent with § 156.076.
(Ord. 2007-1B, passed 2-5-07; Am. Ord. 2008-8D, passed 8-18-08; Am. Ord. 2014-5E, passed 7- 15-14; Am. Ord. 2015-8A, passed 8-4-15; Am. Ord. 2022-4E, passed 4-19-22)