(A) Permitted accessory uses, buildings, and structures.
(1) Accessory uses, buildings, or structures shall be permitted in all Residential Districts; provided, however, that the primary use which is supported by the accessory use, building, or structure is a permitted use within the district to which a lot is zoned.
(2) Accessory uses, buildings, or structures shall not be permitted on a lot prior to the erection of the primary building.
(3) By way of example only, some typical accessory uses, buildings and structures in Residential Districts are: garages; carports; porches; decks; awnings; canopies; mini-barns/storage sheds; patios; outdoor fireplaces; bathhouses; cabanas; children’s playhouses; swings; game courts, including tennis or basketball courts; fences; parking areas; signs; swimming pools; hot tubs; radio sending and receiving antennas; and satellite dish antennas.
(B) Development standards for accessory uses, buildings, or structures in all Residential Districts.
(2) Accessory uses, buildings, or structures shall not encroach upon any platted or recorded easements unless specifically authorized by the terms of the easement or by written consent of the agency in whose favor the easement is granted.
(C) Additional development standards for accessory uses, buildings, or structures in any Residential District. Accessory uses, buildings, or structures permitted in any Residential District shall also comply with the following additional development standards.
(1) Accessory buildings.
(a) Detached. The total square foot area of a detached accessory building shall be less than the main floor area of the primary building containing a dwelling unit.
(b) Attached. The total floor area of accessory use portions of a primary building containing a dwelling unit shall be less than the main floor area of dwelling unit.
(c) Maximum capacity of garage(s). No garage or garages, in combination, whether attached or detached, shall exceed a capacity of 4 cars in total. Carports shall be included in determining the maximum capacity of a garage or garages.
(d) Maximum number of accessory buildings. The total number of detached accessory buildings on a lot shall not exceed 1 accessory building; provided, however, a storage shed with a total floor area of 120 square feet or less shall not count as an accessory building for the purposes of this division.
(e) Location. Detached accessory buildings shall not be located between the established front building line and the front lot line.
(2) Swimming pools or hot tubs.
(a) A swimming pool or hot tub shall not be located between any front lot line and the established front building line.
(b) A swimming pool or hot tub shall not be located in any minimum side yard or minimum rear yard for an accessory building.
(c) The swimming pool or hot tub, either above or below ground, shall comply with the applicable requirements of the Indiana Swimming Pool Code (675 I.A.C. 20) or the applicable town Building Code.
(d) No pool or hot tub shall be erected or constructed unless adequate distance from overhead electrical wires is provided in accordance with the National Safety Code and the National Electrical Code, current editions.
(e) Abandoned or unused swimming pools or hot tubs, situated on a premises which are not occupied for periods of 30 days or more, shall be drained or equipped with a cover adequate to prevent persons, children, or animals from danger or harm.
(f) All swimming pools or hot tubs, including associated decking and aprons over 30 inches above grade, shall be included in the calculation of maximum lot coverage.
(3) Stoops, patios, porches, gazebos, and decks.
(a) Stoops, patios, porches, gazebos, and decks over 30 inches above grade or which include a roof or roof-like structure (e.g., trellis, arbor, and the like) shall comply with all minimum yards and building setbacks, and maximum building height regulations of the applicable district for accessory structures.
(b) Notwithstanding anything in this chapter to the contrary, stoops, patios, porches, and decks less than 30 inches above grade and which do not include a roof or roof-like structure may be located in a:
1. Minimum front yard; provided, however, the stoop, patio, porch, or deck shall not encroach more than 8 feet into the minimum front yard; or
2. Minimum side yard or minimum rear yard.
(4) Fences. Fences typical of a residential setting, including but not limited to chain link, solid, shadow-box, stockade, architectural screen, lattice-work or masonry, shall be regulated by divisions (C)(4)(a) through (C)(4)(d) below. Other types of fences, including but not limited to barbed wire, electric, razor wire, or other similar types of security wire in any yard, shall be regulated by division (C)(4)(d) below.
(a) Individual lots; front yards.
1. Fences located in a minimum front yard or in the buildable area of a lot located between the front line of the primary building and the minimum front yard shall not exceed:
a. Thirty-six inches in height above grade, if the open space percentage of the fence is equal to or less than 70%; or
b. Forty-eight inches in height above grade if the open space percentage of the fence is greater than 70%.
2. Fences erected in the front yard shall be natural fences of hedges, trees, shrubbery, or an ornamental type, such as treated wood, painted wood, treated split rail, ornamental wrought iron, split rail, vinyl, brick, stone, open picket (with 40% open space between pickets in any front or corner side yard) and similar materials commonly used in urban residential applications as deemed appropriate by the Building Commissioner. Scrap lumber, plywood, sheet metal, plastic, or fiberglass sheets are expressly prohibited.
(b) Subdivision frontage. Fences shall not exceed 6 feet in height above grade when located along a perimeter street of a recorded, platted residential subdivision where individual lots do not have direct access to the perimeter street.
(c) All other fences. Fences located elsewhere on a lot shall not exceed:
1. Six feet in height above grade, if the open space percentage of the fence is equal to or less than 70%; or
2. Eight feet in height above grade if the open space percentage of the fence is greater than 70%.
(d) Fences, including but not limited to barbed wire, electric, razor wire, or other similar types of security wire fences:
1. Shall only be permitted for nonresidential uses, including but not limited to: utility sites such as water, sewer, electric, and gas main facilities; heating, ventilating, and air-conditioning equipment; restricted public access areas such as airports, sewer, and water treatment facilities; public safety facilities; public and private communication facilities such as wireless, radio, and television communication towers; and
2. Such fences shall not exceed 10 feet in height.
(5) Satellite dish antennas in Residential Districts.
(a) The regulations of this section shall apply to satellite dish antennas in all Residential Districts which are greater than 1 meter (39.37 inches) in diameter. These regulations are intended to allow satellite dish antennas to be located in a manner that:
1. Does not unreasonably delay or prevent the installation, maintenance, or use of the antenna;
2. Does not unreasonably increase the cost of installation, maintenance, or use of the antenna; or
3. Preclude reception of an acceptable quality signal.
(b) The regulations of this section are intended to accomplish the following specific and clearly defined health, safety, and aesthetic objectives:
1. To promote the public health and safety by providing criteria for the placement of satellite dish antennas greater than 1 meter (39.37 inches) in diameter which ensure that all such installations are performed in a manner which limits endangerment of life and property on the site and on surrounding properties if the antennas should collapse or are felled by ice or high winds; and
2. To ensure the aesthetic harmony of residential areas by providing for a harmonious streetscape, consistent with the Comprehensive Plan, uncluttered by nonresidential structures, including guy wires, poles, masts, cables or other appurtenances which can create a visual blight offensive to those who reside, work, or travel in the town.
(c) The following regulations are intended to meet the above objectives without unnecessarily burdening the federal interests in ensuring the availability of satellite services and in promoting fair and effective competition among competing communication service providers. In any Residential District, satellite dish antennas greater than 1 meter (39.37 inches) in diameter shall be permitted as either ground mounted or roof mounted, provided that:
1. If ground mounted, satellite dish antennas shall:
a. Not be located in any minimum front yard, minimum side yard, minimum rear yard, or between the established front building line and the front lot line; and
b. Not exceed the maximum building height allowed for an accessory structure.
2. If roof mounted, satellite dish antennas shall:
a. Not exceed the lesser of 5 feet above the peak of the roof or the maximum building height limit allowed for a primary building;
b. Not extend beyond the horizontal limits of the roof area; and
c. Be installed in accordance with applicable Building Codes. Furthermore, written documentation of such compliance, including load distribution within the building’s support structure, may be required.
(6) Grade level improvements. Grade level improvements which do not include a foundation shall be permitted as follows:
(a) In a minimum front yard: walkways and driveways.
(b) In a minimum side yard or minimum rear yard: walkways, and interior access drives; provided, however, that an interior access drive may only be located in 1 minimum side yard and shall not be less than 8 feet in width nor greater than 16 feet in width.
(7) Game courts. Game courts shall not be located in any minimum front yard, minimum side yard, minimum rear yard, or between the established front building line and the front lot line; provided, however, a permanent or temporary basketball goal may be located adjacent to a driveway or interior access drive in any minimum yard in any Residential District.
(8) Trash containers. Any trash container exceeding 36 cubic feet in capacity shall:
(a) Be screened on at least 3 sides by a building wall or a solid-walled enclosure, not less than 6 feet in height nor more than 10 feet in height above grade, equipped with an opaque screen gate, and any solid-walled portion of the enclosure shall be provided with foundation landscaping;
(b) Not be located between the front façade of the primary building and the front lot line; and
(c) Not be located in any minimum front yard, minimum side yard, or minimum rear yard.
(Ord. 1221, § 3.11(a), passed 1-26-2010)