(A) Accessory uses.
(1) Accessory uses such as the following are permitted in all residential districts and may be installed in any required yard.
(a) Bird baths and bird houses.
(b) Curbs.
(c) Driveways.
(d) Fences, decorative walls and hedges (not more than three feet in height in front yards in the city or in the towns).
(e) Lamp posts.
(f) Mail boxes.
(g) Name plates.
(h) Parking spaces, provided however that such spaces shall not be calculated as part of any required off-street parking spaces and that they shall be connected to an access way or driveway to the required off-street parking or other parking spaces not in the required front yard.
(i) Utility installations for local service (such as poles, lines, hydrants and telephone booths).
(j) Retaining walls.
(k) Trees, shrubs, plants and flowers.
(l) Walks.
(2) Accessory to the residential use of land shall be the keeping of four or fewer dogs or other small animals normally kept as pets and at least six months old, not including indoor caged pets.
(3) Residential accessory uses shall include garages, sheds, pools, patio decks, guesthouses and other structures.
(B) Setbacks of accessory buildings in residential districts. If an interior lot abuts a corner lot or alley separating them and the front yards of the two lots are perpendicular to each other, an accessory building on the rear lot line of the corner lot may be located no closer to the street abutting the interior lot than the principal building on the interior lot, but no closer than five feet.
(C) Restrictions along streams.
(1) No structure other than a fence may be erected and, if erected in violation of this section, no
such structure may be used if the location of the structure is within 75 feet of the meander, or high- water, line of any stream shown on the Zone Map.
(2) Within the areas covered by the restrictions imposed by subsection (1), no use is permitted other than the following, and upon application for an improvement location permit if required under this chapter:
(a) Agricultural uses;
(b) Forestry;
(c) Public utilities;
(d) Recreation, not including buildings.
(3) Such application for an improvement location permit shall be accompanied by a letter from the County Drainage Board stating that the proposed use is in accord with the provisions of the Indiana Drainage Code (I.C. 36-9-27).
(D) Land filling standards.
(1) All plot plans, submitted to the Plan Commission for approval, under the provisions of the Comprehensive Plan and this chapter, shall provide for the collection and management of all storm and surface water drainage. The drainage system shall be designed and constructed by the developer to provide for the proper drainage of the surface water of the subject real property and the drainage area of which it is a part. The system shall be constructed and installed in accordance with this chapter, the Comprehensive Plan and the requirements of the Plan Commission. (See §§ 152.114 and 152.115). The filling of lands not included in a flood hazard area is permitted, provided all requirements of state statute and regulations (for example, 329 I.A.C. 2-3) are met. Violations of this section and regulation shall be referred to the Indiana Department of Environmental Management and Indiana Department of Natural Resources for enforcement. In order to insure the maintenance of a properly designed and installed drainage system, the following divisions shall be required as a provision of the restrictive covenants of all recorded plats and plot plan approvals.
(a) Drainage swales (ditches) along dedicated roadways and within the right-of-way, or on dedicated drainage easements, are not to be altered, dug out, filled in, tiled, or otherwise changed without the written permission of the Plan Commission. Property owners must maintain these swales as sodded grass-ways, or other non-eroding surfaces. Water from roofs of parking areas must be contained on the property long enough so that said drainage swales or ditches will not be damaged by such water. Driveways may be constructed over these swales or ditches only when appropriate sized culverts or other approved structures have been permitted by the City Engineer. Culverts must be protected, especially at the ends, by head walls or metal end sections, and, if damaged enough to retard the water flow, must be replaced.
(b) Any property owner altering, changing, or damaging these drainage swales or ditches will be held responsible for such action and will be given ten days notice by registered mail to repair said damage, after which time, if no action is taken, the city will cause said repairs to be accomplished, and the bill for such repairs will be sent to the affected property owners for immediate payment.
(2) General drainage considerations. The purpose of this division is to protect the safety, health, and general welfare of the citizens of the city by requiring compliance with accepted standards and best practices for storm water drainage. (See §§ 152.114 and 152.115). This division does not create any liability on the part of the city, the Plan Commission, or any elected or appointed official or employee thereof, for any damages that result from reliance on this division or any alterations required to conform to the engineering requirements established hereunder or any administrative decisions lawfully made thereunder. Any land alteration must be accomplished in conformity with the drainage requirements. Where any apparent conflict exists between drainage requirements of this chapter and similar requirements of any state or federal agency which has jurisdiction of the work involved, the most stringent requirements shall be applicable and compliance with this chapter shall not excuse non-compliance with any other applicable provision of law, ordinance, or regulation.
(E) Miscellaneous residential restrictions.
(1) In an RS, R1, R2, R3, R4, or R5 District.
(a) An accessory building may not be erected before the principal building, except on a farm; and
(b) Other than provided in division (A) of this section, all accessory buildings and structures shall be erected in a side or rear yard.
(c) In the case of a through lot, the area at each end of the lot between the setback line and the middle of the street shall be treated as if it were part of the front yard.
(d) Only one principal single-family or two-family residential building may be located on any tract or parcel of land.
(e) In multifamily zones, a combination of various residential buildings may be permitted, provided all district requirements are met.
(2) In an AG, RS, R1, R2, R3, R4, or R5 District. Only one principle residential building and two additional single-family residential structures may be located on any farm, provided that the farm in question provides at least five acres in size for each residential structure. The structures may however be clustered at any site on the parcel and must meet local and state septic and water supply regulations. The two additional single-family residences shall be used only for residence by farm employees or relatives of the residents of the principal residence.
(F) Water pollution.
(1) No authorization of a use, under this chapter, includes the authority to discharge liquid or solid wastes into public water except as permitted under the Stream Pollution Control Law (I.C. 16-41-37, as amended). Plans and specifications for proposed sewage and other waste treatment and disposal facilities must be approved by the Stream Pollution Control Board, except when connecting to a city.
(2) No overflows from drain fields into ditches, ponds, or lakes are permitted.
(G) Building setbacks.
(1) On corner and reversed corner lots, the side yard setback shall be the same as the front yard setback on adjoining lots.
(2) Where 25% or more of the lots in a block are occupied by buildings, the average setbacks of such buildings determines the dimensions of the front yard in the block; however, if there are not other buildings within 330 feet of the proposed building in either direction, then the standard setback for the district shall apply.
(3) Front yard or building setback lines established in recorded subdivisions establish the front yards in such subdivisions, except when such building lines are less restrictive, then the requirements of the district shall apply.
(H) Required fences and walls. The following uses shall be fenced and screened as follows.
(1) Swimming pools, above or in the ground, shall be entirely enclosed by buildings or fences or walls, which shall be at least six feet in height. Said fence or wall shall be equipped with self- latching gates or doors, the latching device being located not less than four feet above the ground. Fencing packages attached to a pool and high enough to meet the height requirement may be construed as meeting this requirement.
(2) Scrap metal processing facilities shall be entirely enclosed by buildings or fences or walls, which shall be at least eight feet in height. Said fence or wall shall enclose the required front yard setback.
(3) The following uses shall be screened with a six feet woven wire fence:
(a) Auto carwash;
(b) Wholesale produce terminal.
(4) The following uses shall be screened with a six feet high solid painted fence:
(a) Slaughterhouse;
(b) Storage of disabled vehicles;
(c) Truck service center.
(5) The following uses shall be screened with an eight feet high solid painted fence:
(a) Junk yard;
(b) Scrap processing facility.
(6) The following uses shall be screened with a six feet high by three feet wide planting screen, as defined in this chapter:
(a) Public sewage disposal facility;
(b) Landfill;
(c) Transfer station.
(I) Temporary uses. The Zoning Administration may permit the following seasonal or transitory uses, if the intended site is appropriate and meets the applicable district standards, adequate operational safeguards will be maintained, and adjoining established uses will not be adversely affected.
(1) In an AG, RS, CB, or AB District, a temporary use permit may be issued for the sale of small landscape plants and yard and garden supplies, or farm produce grown on or off the premises. Such sales space shall be of portable or seasonable construction and shall observe the setbacks for permanent structures. Such permit shall be valid for no more than four months per year, but may be issued for a five-year period. This provision shall not apply to GB or LB Districts in which such sales are permitted by right.
(2) Temporary auto sales, provided the sales are held in a commercial zone or other location with proper zoning certification.
(3) Unoccupied mobile homes may be stored in General Business, Industrial-2 and Industrial-3 zones for a period of not more than six consecutive months.
(4) Temporary construction sites for purposes related to highway construction for a period not more than the duration of the construction project and located within one-half mile of the highway construction project.
(5) Rummage sales, garage sales or yard sales shall be permitted by right in all residential districts, except where prohibited by private restrictions. No permit shall be required for the event. Such sales are intended for the sale of second- hand merchandise used in or around the home, which are no longer needed by the owner. Temporary sales at a residence will be limited to four sale days a month, with a maximum of six sale days in a calendar year. A sale that is advertised, but does not take place because of rain—or any other reason—will not be considered a sale. The property owner may not offer more than one motor vehicle for sale at any one time. The resident of the real estate must own the vehicle where the vehicle is stored, and rummage, garage, or yard sales shall not be for the sole purpose of private vehicle resale. Sale hours shall be from dawn to dusk. All merchandise and display tables shall be removed from public view after advertised hours. All temporary rummage, garage, or yard sales signs shall not exceed a typical two-foot by two-foot real estate sign, four square feet in area with a maximum of three feet in height and may be located in the front yard of the property. No such sign may be located in any public right-of-way or attached to any utility poles or city street or traffic signs. Corner lot vision clearance shall not be obstructed at intersections by sale activities. Adequate on-street and off-street parking shall be available. Temporary rummage, garage, or yard sale signs shall be removed on the last day of the event. The ordinances shall carry a minimum penalty of $50 for each day that the ordinance is violated.
(J) Nonresidential accessory uses. Accessory uses such as the following are permitted on the same lot with principal commercial and industrial uses in the appropriate districts, when all yard and lot requirements are met.
(1) Commercial accessory uses include:
(a) Signs;
(b) Advertising structures;
(c) Fenced storage;
(d) Parking facilities;
(e) Accessory apartment for commercial owner.
(2) Industrial accessory uses include:
(a) Signs;
(b) Advertising structures;
(c) Fenced storage yards;
(d) Parking facilities;
(e) Open storage, except in I-1 District.
(K) Required setbacks for and from farm confinement feeding uses.
(1) A farm confinement feeding operation may be located no closer to the following uses than the distance in feet as follows:
(a) 500 feet from any non-agricultural development or from residence, other than a residence, which is located on the land with the farm confinement feeding operation;
(b) 1,000 feet from any public or private church or school; or 1,000 feet from any park or building owned by a political subdivision, which is open to the public;
(c) 1,320 feet from the nearest plotted tract of land or other built-up area of five or more dwellings.
(2) A single-family dwelling or two-family dwelling unit may be located no closer than 500 feet to an existing farm confinement feeding operation.
(1985 Code, § 36-7-4-600(3.4)) (Ord. 22-1992, passed 7-7-1992; Am. Ord. 11-2003, passed 5-20-2003; Am. Ord. 19-2005, passed 7-5-2005)