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NOBLESVILLE, INDIANA CODE OF ORDINANCES
CITY OFFICIALS OF NOBLESVILLE, INDIANA
ADOPTING ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150: MASTER PLAN
CHAPTER 151: CONSTRUCTION STANDARDS FOR ROAD IMPROVEMENTS
CHAPTER 152: ANNEXATION POLICY
CHAPTER 153: IMPROVEMENT LOCATION PERMIT CODE
CHAPTER 154: BUILDING CODE
CHAPTER 155: THOROUGHFARE PLAN CODE
CHAPTER 156: HOUSE NUMBERING PLAN
CHAPTER 157: FLOOD DAMAGE PROTECTION
CHAPTER 158: HOUSING AND PROPERTY MAINTENANCE CODE
CHAPTER 159: UNIFIED DEVELOPMENT
APPENDIX A: SCHEDULE OF FEES, CHARGES, AND EXPENSES
APPENDIX B: APPLICATIONS AND FORMS
APPENDIX C: OFFICIAL SCHEDULE OF USES
APPENDIX C-1 OFFICIAL SCHEDULE OF USES Federal Hill Planned Development Use Matrix for Land Use Subdistricts
APPENDIX C-2: OFFICIAL SCHEDULE OF USES Innovation Mile District
APPENDIX D: PROCEDURES FOR APPLICATION
APPENDIX E: FIRE DEPARTMENT ACCESS AND WATER SUPPLY AND FIRE HYDRANT SPECIFICATIONS
APPENDIX F: NOBLESVILLE STANDARDS
APPENDIX G: CENTRAL CORE MAP
APPENDIX H: CITY OF NOBLESVILLE STORMWATER TECHNICAL STANDARDS MANUAL
APPENDIX I: HISTORIC DEMOLITION AREA
APPENDIX J: FORMER COUNTY ZONING SITES
APPENDIX K: PERVIOUS CONCRETE PAVEMENT DESIGN REQUIREMENTS
CHAPTER 160: CITY IMPACT FEES
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 159.120 GENERAL REGULATIONS.
   The regulations within each district shall be minimum regulations and shall apply uniformly, except as hereinafter provided.
   (A)   Allowable Use of Land and Building.
      (1)   No building, structure, or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
      (2)   No structure shall be erected or altered to provide for greater height or bulk; to accommodate or house a greater number of families; to occupy a greater percentage of lot area; to have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required, or in any other manner contrary to the provisions of this chapter.
      (3)   No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements set forth herein. No part of a yard or other open space or off-street parking or loading space required in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
      (4)   Encourage these home occupations to be primarily service oriented by limiting the intensity and retail design of these uses.
   (B)   Property Access. No division of property shall be approved unless the lot(s) being created have frontage on and access to an existing street or a street shown upon a plat approved by the Plan Commission and recorded in the Hamilton County Recorder's Office. Such street shall be suitably improved to provide for safe and convenient access, fire protection, and required off-street parking or be secured by a performance bond required under the regulations of §§ 159.060 et seq., Subdivisions.
   (C)   Number of Buildings Per Lot. Every building hereafter erected shall be located on a lot unless otherwise specified for planned developments. In no case shall there be more than one principal building used for residential purposes, and its accessory buildings, located on one lot, except as otherwise provided in this chapter for a mobile home park or planned development. If two or more principal non-residential buildings are located on a lot, the space between such buildings shall be as established by the yard setback requirements of the district in which the use is located.
   (D)   Minimum Yard Setback. No structure shall be erected, placed, or moved to within any setback area except certain accessory structures as provided in § 159.121(B)(1).
   (E)   Topsoil Removal. No person, firm, or corporation, without an improvement location permit, shall strip, excavate, or otherwise remove topsoil for sale, other than on the premises from which the same shall be taken except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto. (Exception, 1-3 District.)
   (F)   Agriculture.
      (1)   Agriculture shall be a permitted use in all districts provided that:
         (a)   The agricultural use does not include the operation or maintenance of a commercial stockyard or confined feeding operation (feedlot).
         (b)   The use shall not include the feeding, keeping, or sheltering of animals or poultry in penned enclosures within seventy-five (75) feet of any residential district, except where animals are kept in soundproof, air-conditioned buildings, in which case the required setback shall be twenty-five (25) feet or the setback required by § 159.121(B)(3), whichever is greater.
         (c)   The Board of Zoning Appeals shall have the ability to grant a restricted commercial or retail operation as a component of the overall agricultural operation in any district as a conditional use. These operations shall not be construed to be permitted as an accessory use in any residential district.
      (2)   Barns, outbuildings, or other buildings, or structures which are adapted for agricultural purposes shall not be affected by the setback and size regulations of this chapter if they are located beyond the corporate limits of the City of Noblesville, except in those situations stated in division (B) above. These structures shall also be exempt from the building permit requirements with the completion of an application for agricultural exemption so long as they are designed to house farm machinery, animals, farm supplies, or products that are harvested from or utilized on a parcel of land. Commercial or industrial enterprises that store for sale items listed in the previous sentence are not eligible to file an application for agricultural exemption.
   (G)   Mineral Extraction, Exempt by State Law. Nothing herein shall prevent, outside of urban areas, the complete use and alienation of any mineral resources or forests by the owner or a licensee thereof, pursuant to I.C. 36-7-4-1103. For the purpose of this paragraph, urban area shall include any land or lots used for residential purposes where there are eight (8) or more residences within one-quarter (1/4) mile square area, such other land or lots as have been or are planned for residential areas contiguous to incorporated cities or towns, or other land already incorporated into cities and towns; provided, however, that within these areas, mineral extraction may be permitted in an appropriate location. Uses that qualify for this exemption that are located within the Flood Hazard Zoning District must still obtain an Improvement Location Permit and provide general work plans identifying extraction areas, areas where spoils will be discarded, and other land disturbance activities. These uses are still subject to all applicable regulations of the Flood Hazard District.
   (H)   Vision Corner Clearance. “VISION CORNER CLEARANCE” is a triangular space at the street corner of a corner lot, free from any kind of obstruction to vision, including buildings, structures, fences, signs, trees and shrubs between the heights of two and one-half feet and ten feet above the established street grade. Street grade is measured at the intersection of the centerlines of the intersecting street pavements. The triangular space is determined by a diagonal line connecting two points measured 15 feet equidistant from the lot corner along each property line at the intersections of two local streets or one local street and one alley; or 25 feet along each property line at the intersection of a local street and a collector, arterial expressway, or any combinations thereof. For measuring purposes only, an alley shall be determined as per the local street distances. For areas located within the Central Core Map, Appendix G, this particular requirement may be modified and shall be approved by the City Engineer on a case-by-case basis.
   (I)   Height Pre-emptions. Height requirements may be preempted by restrictions imposed by the Tall Structures Act or other airport height control restrictions, as applicable. Mobile equipment may be any height.
   (J)   Allowable Encroachments.
      (1)   SR District. No structure or part thereof shall project into a required rear or side yard except:
         (a)   Un-enclosed, uncovered steps, entrance platforms, terraces, or landings not over 18 inches above grade level;
         (b)   The ordinary projection of belt courses, sills, lintels, chimneys, and other similar ornamental and architectural features not exceeding 18 inches, or 20% of the required setback; whichever is less;
         (c)   An eave, cornice overhang, awning, balcony, or bay window not exceeding 20% of the required setback.
      (2)   All Other Districts. No structure or part thereof shall project into a required rear or side yard except:
         (a)   Un-enclosed, uncovered steps, entrance platforms, terraces, or landings not over 18 inches above grade level;
         (b)   The ordinary projection of belt courses, sills, lintels, chimneys, and other similar ornamental and architectural features not exceeding 18 inches or 80% of the required setback, whichever is less.
         (c)   An eave, cornice overhang, awning, balcony, or bay window not exceeding four feet or 80% of the required setback, whichever is less.
      (3)   See list of other allowable encroachments for accessory structures contained in the accessory uses and structures regulations of this section.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 26-7-97, passed 9-29-97 Am. Ord. 48-6-05, passed 7-12-05; Am. Ord. 64-11-08, passed 12-9-08; Am. Ord. 46-07-16, passed 8-9-16; Am. Ord. 25-07-17, passed 8-15-17; Am. Ord. 37-10-20, 10-27-20) Penalty, see § 159.999
§ 159.121 ACCESSORY USES AND STRUCTURES.
   (A)   Intent. The regulations of this section apply to accessory uses and structures such as garages, carports, canopies, porte-cocheres, patios, outdoor fireplaces, bath houses, cabanas, doghouses, children’s play equipment, greenhouses, television satellite dishes, solar panels, and similar accessory buildings or structures. Accessory Uses and Structures shall be a permitted use in all zoning districts except as otherwise restricted in this chapter.
   (B)   General Requirements. Accessory uses and structure may be permitted in all zone districts in accordance with the provisions of this section. Accessory uses and structures:
      (1)   Shall be incidental and subordinate to, and commonly associated with the operation of, the principal use of the lot;
      (2)   Shall be operated and maintained under the same ownership and on the same lot as the principal use;
      (3)   Where permitted detached accessory structure’s size, height, and setback are based on the following standards:
         (a)   In the case where the property is one acre or less in size: The combined square footage of all accessory structures shall be limited to 50% of the square footage of the principal building or 1,000 square feet, whichever is less.
         (b)   In the case where the property is larger than one acre but less than five acres in size, and where an individual seeks to exceed the bulk requirements of subsection (a) above, a structure may be permitted subject to the following requirements:
            1.   The combined square footage of all accessory structures shall be limited to the square footage of the principal building or 2,000 square feet, whichever is less.
            2.   The height of the structure shall be limited to 17 feet.
            3.   The minimum setbacks required shall be those of the underlying zoning classification except for the side yards and rear yards, which shall be required to maintain a 20 foot minimum setback.
         (c)   In the case where a property is equal to or larger than five acres, and where an individual seeks to exceed the bulk requirements of subsections (a) and (b) above, a structure may be permitted subject to the following requirements:
            1.   The combined square footage of all accessory structures shall not exceed the square footage of the principal building or 4,000 square feet, whichever is less.
            2.   The height of the structure shall be limited to 20 feet.
            3.   The minimum setbacks required shall be those of the underlying zoning classification except for the side yards and rear yards, which shall be required to maintain a 40 foot minimum setback.
      (4)   Shall not be located closer to any lot line than the minimum setback line required, unless specified otherwise in this chapter;
      (5)   Detached garages shall not be located closer to the front lot line than the front line of the principal structure.
      (6)   Shall not be permitted prior to the erection and operation of the principal use, unless a Temporary Improvement Location Permit is obtained subject to § 159.042(B).
      (7)   Shall require a building permit, except as otherwise provided in division (C) of this section.
      (8)   Shall include architectural features and elements such as rooflines, color, porches, doors and openings, and compatible materials to be architecturally harmonious with, the principal building(s) with which it is associated.
      (9)   Shall be used for the storage of personal materials only and shall not be used for any commercial or separate residential purpose.
   (C)   Accessory Structures Exempt from Building Permit and Setback Requirements. Such uses shall be subject to all other applicable regulations in this chapter.
      (1)   Accessory structures exempt from building permit:
         (a)   Lampposts;
         (b)   Decks less than thirty (30) inches from grade; and
         (c)   Accessory structures two hundred (200) square feet or less in size.
      (2)   Accessory structures exempt from setback requirements:
         (a)   Fences;
         (b)   Drainage installations;
         (c)   Boathouses;
         (d)   Seawalls;
         (e)   Retaining Walls forty-seven (47) inches or less in height; and
         (f)   Unenclosed handicap ramps attached to a structure.
      (3)   Accessory structures exempt from building permit and setback requirements:
         (a)   Essential services;
         (b)   Sidewalks;
         (c)   Driveways;
         (d)   Curbs; and
         (e)   Mailboxes.
   (D)   Accessory Uses Permitted; Regulations Specific to Particular Uses. The following accessory uses and structures shall be permitted subject to the regulations of divisions (B) and (C) of this section and to any additional regulations herein:
      (1)   Antennae, amateur radio sending and receiving, provided the height thereof including masts shall not exceed 75 feet measured from finished lot grade.
      (2)   Boathouses, subject to the following: Boathouses are exempt from the rear setback requirement for accessory structures due to their need to be located on the water's edge. The structures are subject to the side yard setback requirements in the base zone district, and the size of the boathouse shall be regulated subject to the site plan review procedure.
      (3)   Garages and carports, private residential for the storage of motor vehicles, which are clearly accessory and not for commercial purposes. These structures shall be subject to the bulk requirements and other regulations contained elsewhere in this chapter.
      (4)   Fall-out shelters.
      (5)   Fences and walls for residential and non-residential uses, these regulations shall apply only to those fences and walls enclosing or screening from view areas on a property. These regulations do not include regulations for retaining walls which are addressed elsewhere in these regulations. These structures are subject to the following and as per specific regulations of that particular zoning district:
         (a)   They shall not obstruct visibility pursuant to § 159.120(H), Vision Corner Clearance.
         (b)   They may be permitted in any required yard or along the edge of any yard, providing that driveway entrances onto a public or private street are not shielded by the fence, or wall, or hedges in such a way as to obstruct the view of a driver entering the road from the driveway. This regulation shall not apply to any alley.
         (c)   Residential open or solid fences, latticework, screens, or walls not more than seven feet in height may be located in the required side or rear yard, and a fence maintained not to exceed four feet in height may be located in any front yard as defined in § 159.016.
         (d)   Non-residential fences shall be restricted by the requirements of the Zoning District or a maximum of eight (8) feet whichever is less.
         (e)   A site plan, including the location of the fence and the setbacks from the property lines, shall be submitted with the fence application. The site plan shall include all easements and infrastructure locations, wetlands, floodplains, and the like. No fences shall be installed until a permit is obtained.
         (f)   For the purposes of any fence and wall regulations, any common property held by the homeowner's association or non-residential business associations for landscaping or other purposes, that abuts a street and is adjacent to and separate from the lot, extending fifteen (15) feet or less shall be considered a front yard, thereby permitting a fence at the maximum height of four (4) feet. This only applies to comer lots as defined in §§ 159.015 et seq.
         (g)   For the purposes of a fence and wall regulations, any yard that abuts a street to which access is prohibited shall be treated as either a side or rear yard {thereby permitting} a fence at a maximum height of seven (7) feet except as otherwise noted above.
      (6)   Fences and Walls for Non-Residential Uses, subject to the following and as per specific regulations of that particular zoning district: These regulations shall apply only to those fences and walls enclosing or screening from view areas on a property. These regulations do not include regulations for retaining walls which are addressed elsewhere in these regulations. These structures are subject to the following and as per specific regulations of that particular zoning district:
         (a)   They shall not obstruct visibility pursuant to § 159.120(H), Vision Corner Clearance.
         (b)   They may be permitted in any required yard or along the edge of any yard, providing that driveway entrances are not shielded by the fence, wall, or hedges in such a way as to obstruct the view of a driver entering a road from the driveway.
         (c)   Non-Residential Fences located within the front yard shall be no taller than four (4) feet in height.
         (d)   Non-Residential Fences shall be restricted by the requirements of the Zoning District or a maximum of eight (8) feet whichever is greater.
         (e)   A site plan including the location of the fence and the setbacks from the property lines shall be submitted with the fence application. The site plan shall include all easements and infrastructure locations, wetlands, floodplains, etc. No fences shall be installed until a permit is obtained.
         (f)   For the purposes of any fence and wall regulations, any common property held by the non-residential business associations for landscaping or other purposes, that abuts a street and is adjacent to and separate from the lot, extending fifteen (15) feet or less shall be considered a front yard, thereby permitting a fence at the maximum height of four (4) feet. This only applies to corner lots as defined in § 159.015, Definitions.
         (g)   For the purposes of a fence and wall regulations, any yard that abuts a street to which access is prohibited shall be treated as either a side or rear yard thereby permitting a fence at a maximum height of eight (8) feet except as otherwise noted above.
         (h)   The use of uncoated chain link fencing, slats in chain link fencing, visible barbed wire, visible razor wire, and concertina coils is prohibited.
      (7)   Foster family care, where not more than six children unrelated to the residents are cared for, provided that no sign shall be displayed.
      (8)   Landscaping materials, as set forth in §§ 159.180 through 159.188.
      (9)   Management offices, in multi-family uses, and other facilities normally associated with tenants' convenience, such as vending machines and washing machines, are permitted provided there is no exterior display.
      (10)   Parking and loading areas, off-street, as set forth in §§ 159.140 through 159.148.
      (11)   Pets (domestic): domestic pets are animals used for protection, companionship, or assistance and shall include animals that are cared for and treated in a manner acceptable for pet dogs, cats, and birds. They are kept primarily indoors in the primary structure, and may include, but not be limited to, dogs, cats, parakeets, parrots, finches, lizards, spiders, guinea pigs, hamsters, gerbils, rats, mice, rabbits, aquarium fish, ferrets, and snakes if cared for in the manner described above.
         (a)   The keeping of domestic pets shall not be done for profit.
         (b)   The keeping of domestic pets shall not be construed as a commercial kennel.
      (12)   Recreational and open space uses related to residential development.
         (a)   Recreational and open space uses are limited to the following facilities: clubhouses, docks, exercise rooms, game and craft rooms, gymnasiums, party and reception rooms, bicycle paths, pedestrian and equestrian trails, picnic areas, golf courses, driving ranges, play fields, playgrounds, sauna baths, swimming pools, tanning facilities, and play courts, such as basketball, racquetball, pickle ball, and tennis courts.
         (b)   These uses are allowed only as part of a residential development, subdivision or neighborhood located in any of the residential zoning districts. The following standards shall apply:
            1.   No active outdoor recreational use or athletic structures shall be located within 50 feet of any residential use property line.
            2.   Playing fields shall not be lit. Any associated parking lots must be lit to comply with the standards of the Unified Development Ordinance.
            3.   Park buffering may incorporate pedestrian access points where access in and out of the park would be beneficial to nearby residents.
            4.   Special care as it relates to any negative impacts (such as noise, traffic, etc.) shall be noted when locating specialty parks (such as dog parks and skate parks) in residential areas.
            5.   Neighborhood parks and pocket parks less than two (2) acres in area do not have to provide off-street parking.
            6.   A golf course A golf course in a residential zoning district is subject to the following:
               A.   Entrances into accessory toilets, outhouses, and structures of the like, shall not face an adjacent property. If vending machines are provided they shall be screened from view using either fencing or masonry wall at least one foot taller than the machine on at least three (3) sides and shall incorporate landscaping around the fence or wall in a manner that increases aesthetics. Landscaping shall include at least one (1) shrub per four (4) feet offence or wall length.
               B.   The nearest edge of any fairway or green may be no closer than one hundred and fifty (150) feet to any property line, and no closer than one hundred (100) feet to any right-of-way.
               C.   Tee-boxes and greens shall be oriented away from adjacent properties and external roadways.
               D.   Miniature golf is not permitted in a residential zoning district.
      (13)   Recreational Vehicles and Equipment, Storage or Parking of, subject to the following:
         (a)   SR District. Recreational vehicles and equipment may be parked or stored anywhere on a lot in this district provided that they do not violate any other section of this chapter and that no storage occurs within the required front yard setback.
         (b)   All Other Districts. No recreational vehicle or equipment shall be parked or stored on any lot in a residential district, except for in the SR District as provided above, except in a carport or enclosed building or behind the front facade of the building.
         (c)   Parking and Storage of Unregistered Vehicles. Recreational vehicles, of any kind or type without current license plates shall not be parked or stored for more than seven days on any residentially zoned property other than in completely enclosed buildings.
         (d)   Mobility Shall Be Maintained. The wheels or any similar transporting devices of any recreational vehicle shall not be removed except for repairs, nor shall such vehicle be otherwise permanently fixed to the ground in a manner that would prevent ready removal of said types of mobile structures.
         (e)   Number of Vehicles Limited. No more than two recreational vehicles shall be parked or stored in the open on residential property at any one time, provided, however, that one additional recreational vehicle may be permitted for visitation for a maximum of ten consecutive days and not to exceed 14 days in any one year.
         (f)   Prohibition of Use of Stored Vehicles. At no time shall any parked or stored recreational vehicle be occupied or used for living, sleeping, or housekeeping purposes, except as provided for visitations in division (11)(e) above.
         (g)   Exception. Notwithstanding the provisions above, recreational vehicles may be parked anywhere on the premises for loading or unloading purposes, for not longer than a 48-hour period.
      (14)   Retaining walls forty-eight (48) inches in height or more.
         (a)   Retaining walls may be tiered or terraced. The area between each wall shall be pervious and may not be paved or otherwise covered with impervious materials.
         (b)   The height of a retaining wall is the vertical distance measured from the natural grade at the base of the wall to the top of the wall;
         (c)   When the height of a retaining wall varies, the height shall be measured at the highest point of the wall, from the natural grade at the base of the wall at that point.
         (d)   Retaining walls should not block or affect an existing swale or drainage path in a manner to cause damming and/or ponding.
         (e)   Retaining walls shall be constructed of brick, rock, textured or patterned concrete, or other masonry product that complements the proposed building and site development.
         (f)   The proposed retaining wall should be setback from the property line the distance equivalent to the height of the wall.
         (g)   No retaining wall shall exceed eight feet in height.
         (h)   The applicant shall submit such engineering on the structure as deemed necessary by the Building Commissioner.
      (15)   Accessory Dwelling Unit (ADU).
         (a)   May be accessed either through a secondary entrance on the property or the main living quarters.
         (b)   ADU must be connected to the utilities of the primary dwelling unit (principal building). Separate metering is prohibited.
         (c)   The ADU shall be designed to blend with the architectural and exterior appearance of the principal building. To the degree reasonably feasible, the appearance of the principal building shall remain that of a single-family residence.
         (d)   No entrance to the ADU shall be permitted on the front façade of the building.
         (e)   Exterior stairways or similar structures shall not be constructed on the front façade of the building.
         (f)   The accessory dwelling unit is initially intended for relatives or resident domestic employees.
         (g)   One accessory dwelling unit is permitted per lot or parcel.
      (16)   Satellite dishes (parabolic receivers and transmitters), subject to the following:
         (a)   Parabolic reflectors used to receive from or transmit to satellites (hereinafter-referred to as parabolic reflectors) exceeding thirty-six (36) inches in diameter shall require improvement location permits and payment of fees applicable to accessory uses.
         (b)   Parabolic reflectors shall be subject to all zone district setbacks, which shall be measured from that part of the parabolic reflector that extends closest to the adjoining property.
         (c)   In no case shall parabolic reflectors be allowed within 15 feet of any public right-of-way line.
         (d)   All cables and connections from a parabolic reflector to other equipment on the premises shall be buried underground when a parabolic reflector is located on the ground, or appropriately concealed when a parabolic reflector is located on a building.
         (e)   Parabolic reflectors mounted on the roof of a non-residential building shall be shielded from view.
         (f)   Ground mounted parabolic reflectors shall be screened by a tight evergreen vegetative screen no less than seven feet high, at maturity; provided, however, that in no circumstance shall screening be required that would interfere with the reflector’s line of sight to the satellite.
         (g)   When the setback to the parabolic reflector exceeds 30 times the height of the parabolic reflector, no screening is required.
      (17)   Signs, as set forth in §§ 159.160 through 159.166.
      (18)   Stables and Animal Pens.
         (a)   Within the Corporate Limits of the City:
            1.   No more than one (1) horse or {pony at least six-months of age shall be stabled, maintained, pastured, grazed, or kept in any manner, except upon property at least two (2) acres, and no more than one (1) horse or pony be kept on each acre thereafter.
               a.   Stables shall be located at least 150 feet from existing residence on adjacent lots.
               b.   Minimum yard setbacks.
                  (I)   Front - Stables are not permitted within any front yard.
                  (ii)   Side - 25 feet.
                  (iii)   Rear - 25 feet.
               c.   Maximum stable building height - 18 feet.
               d.   Maximum stable structure size - 50% of the square footage of the principal building or 1,000 square feet, whichever is less.
            2.   No person shall keep, raise, confine, or feed hogs, chickens, ducks, goats, sheep, cows, or other similar animals within the corporate limits of the city.
         (b)   Outside the corporate limits of the city.
            1.   No more than one (1) horse or two (2) ponies shall be stabled, maintained, pastured, grazed or kept in any manner, except upon property at least two (2) acres and no more than one (1) horse or two (2) ponies shall be kept on each acre thereafter.
            2.   Hogs, chickens, ducks, goats, sheep, or cows may be permitted on residentially platted lots of at least five (5) acres, located outside the City limits, provided that structures, pens, or corrals housing animals shall be a minimum of seventy-five (75) feet from an adjoining property line, except where animals are kept in soundproof air conditioned buildings, in which case the required setback shall be (25) feet unless the structure is more than two thousand (2,000) square feet in size. In that instance, the structure needs to meet the setback requirements of § 159.121(B).
         (c)   No keeping of animals permitted under these regulations shall be conducted for profit, nor shall any kennel be permitted pursuant to these regulations.
      (19)   Storage buildings and equipment sheds. Subject to the regulations contained in § 159.121(B) and (C).
      (20)   Swimming pools, spas, and hot tubs at least 42 inches deep and 12 feet in diameter, subject to the following:
         (a)   Permanent swimming pools shall be protected by a surrounding fence at least four feet in height, which is maintained to prevent access by small children or animals, and/or by a safety pool cover, which meets all specifications set forth in the adopted Indiana Swimming Pool Code, as amended. If a surrounding fence is used, said fence may be located around either the pool itself or the property on which the pool is located.
         (b)   Non-permanent pools shall meet all accessory building structure regulations but are not subject to the safety and screening regulations of permanent pools.
      (21)   Cluster box units (CBUs) and neighborhood unit centers (NUCs)/postal kiosks.
         (a)   Required for all new residential subdivisions after January 2016 and amended for apartments after July 1, 2016.
         (b)   CBUs and NUCs shall be approved by the United States Postal Service (USPS) local manager, including cluster box locations and type of equipment, prior to receiving approval by the Technical Advisory Committee (TAC). The approved plan by the local manager shall be included with the TAC submittal.
         (c)   The submitted plan shall include all easements, location of infrastructure, such as sewer lines, manholes, and the like, and the location and setbacks of the CBUs or NUCs. Materials, colors, and color elevations are required as a part of the TAC submittal and for approval.
         (d)   The CBUs and NUCs shall be “decorative” in nature, to include decorative top and enhanced pedestal cover. The non-decorative cluster box units shall be unacceptable such as the base/standard units that are non-descriptive.
         (e)   Acceptable colors include black, brown and bronze. White, grey, green and/or tan (sandstone) or other similar colors are prohibited.
         (f)   An encroachment permit shall not be required prior to the installation of CBUs approved by TAC.
         (g)   A building permit shall be required prior to installation neighborhood unit centers and postal kiosks.
         (h)   The city shall not be responsible for the installation, repair or replacement of damaged CBUs and/or NUCs.
         (I)   Refer to the USPS Postal Operations Manual (POM), Section 631, Modes of Delivery, and Section 632, Mail Receptacles, for additional standards, as those documents may be amended.
         (j)   For new or remodeled apartment complexes, refer to the USPS Postal Operations Manual (POM), Section 632, Mail Receptacles, for location and arrangement of CBUs.
   (E)   Special Regulations in ZLL Districts. In the ZLL overlay district, all uses are required to have an attached one car garage. No detached accessory structures are permitted in the ZLL District.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 12-4-97, passed 5-12-97; Am. Ord. 44-8-98, passed 9-14-98; Am. Ord. 04-01-03, passed 2-11-03; Am. Ord. 86-11-03, passed 12-9-03; Am. Ord. 95-11-06, passed 12-12-06; Am. Ord. 56-11-07, passed 12-11-07; Am. Ord. 25-7-10, passed 8-24-10; Am. Ord. 29-9-11, passed 10-11-11; Am. Ord. 21-06-12, passed 7-10-12; Am. Ord. 10-03-13, passed 4-9-13; Am. Ord. 13-02-14, passed 3-11-14; Am. Ord. 25-04-15, passed 5-12-15; Am. Ord. 53-10-15, passed 11-10-15; Am. Ord. 46-07-16, passed 8-9-16; Am. Ord. 37-10-20, 10-27-20) Penalty, see § 159.999
§ 159.122 HOME OCCUPATIONS.
   (A)   Intent. Home occupations shall be a permitted use in all residential zoning districts except as otherwise restricted in this chapter. The intent of these home occupation regulations is to:
      (1)   Protect residential areas from adverse impacts of activities associated with home occupations.
      (2)   Permit residents of the community a broad choice in the use of their homes as a place of livelihood and the production or supplementing of personal and family income.
      (3)   Establish criteria and development standards for home occupations conducted in dwelling units and accessory structures in residential zones.
   (B)   General Requirements. Home occupations require a permit from the Director of Planning and Development which is subject to the following restrictions.
      (1)   The primary use of the structure or dwelling unit shall remain residential, and the operator of the home occupation shall remain a resident in the dwelling unit.
      (2)   If the operator is a tenant, he or she shall provide a written letter from the property owner giving permission for the home occupation to be conducted on the property.
      (3)   No person may participate in, or assist with, the conduct or operation of the home occupation except:
         (a)   Individuals who are residents of the dwelling unit as mentioned above;
         (b)   Individuals whose sole participation in the use and operation of the home occupation is financial in nature;
         (c)   With the exception of child care homes, a non-resident assistant, subject to the following requirements and limitations:
            1.   Participation by the nonresident assistant shall be in a subordinate capacity only, incidental to the conduct of the home occupation;
            2.   The nonresident assistant shall not participate, totally or partially, in the capacity of an additional operator of the home occupation, as an additional practitioner of the professional, craft, or occupational service of the operator, or as a partner or professional associate thereof;
            3.   Participation by the nonresident shall be limited to 40 hours per week;
            4.   No more than one resident assistant shall be permitted. If more than one home occupation is conducted in the same dwelling unit, a nonresident assistant shall be permitted for only one of the home occupations.
            5.   No nonresident assistant shall be permitted at beauty shops, barber shops, or other similar businesses with a regular flow of customers.
      (4)   No structural additions, enlargements or exterior alterations changing the residential appearance to a business appearance shall be permitted., nor shall nonstructural changes be made that would tend to lend a commercial appearance to the site, such as construction of parking lots, paving of required setbacks, or addition of commercial exterior lighting.
      (5)   The home occupation shall be clearly incidental and subordinate to the primary residential use of the dwelling. With the exception of Child Care Homes, no more than six hundred (600) square feet or twenty-five percent (25%) of the total square footage of the dwelling unit, whichever is lesser, shall be used in conduct of all home occupations operated from a property.
      (6)   Such home occupations shall be conducted entirely within the principal building with the exception of outdoor play areas for child care homes. An accessory structure may be utilized on a property of five (5) acres or more in area and in such cases, no more than six hundred (600) square feet or the twenty-five percent (25%) of the total square footage of all structures on the property, whichever is less, shall be used to conduct the home occupation.
      (7)   No additional and separate entrance to the structure incongruent with the residential structural design shall be constructed for the purpose of conducting the home occupation.
      (8)   No more traffic shall be generated by a home occupation than would normally be expected in a residential neighborhood. Any deliveries to the business shall be done by a truck with a single rear axle.
      (9)   No provision for more than one (1) extra off-street parking space, other than the requirements and the permitted facilities of the zone district, shall be permitted. No additional driveway to serve such home occupations shall be permitted.
      (10)    No display of goods or external evidence of the home occupation shall be permitted, except for one non-animated, non-illuminated, non-flashing announcement plate, indicating not more than the name of the occupation and name and address of resident. Said plate shall be attached flat against the wall of the residence and shall not exceed one square foot in total surface area.
      (11)   In-person retail sales or services are limited to goods grown, produced, or assembled on the premises, and to sales that are incidental to, and a part of, the primary function of the home occupation such as hair styling products sold as part of the hair styling operation.
      (12)   No stock in trade or commodities, other than those prepared, produced, or created on the premises by the operator of the home occupation, shall be kept or sold on the premises.
      (13)   No electrical or mechanical equipment shall interfere with local radio communications and television reception, or cause fluctuation in line voltage off the premises.
      (14)   Hours of operation of the home occupation shall not interfere with the use and enjoyment of adjacent residential properties.
   (C)   Exempt Uses. Uses where the occupant utilizes a telephone or computer for "business" activity but does not receive customers or products shall be exempt from this classification as a business or home occupation provided all of the other conditions of the home occupation are met.
   (D)   Procedure.
      (1)   Application. Application for a home occupation shall be filed with the Director of Planning and Development on a form provided by the Director. A child care home must comply with all applicable city ordinances and state and Federal statutes and regulations including licensing. A copy of the state license to operate a child care home shall be provided to the Department upon receipt. An applicant for a Home Occupation Permit shall pay fees in connection with the submittal of the application in accordance with fee schedules adopted, from time to time, by the Common Council. The current fee schedule is found in Appendix A, "Schedule of Fees, Charges, and Expenses." The Director of Planning and Development will make a decision and notify the applicant in writing no later than fifteen (15) calendar days from the date the application is received.
      (2)   Scope. In cases where the Director considers the application not within the scope of the home occupation criteria, the application shall be denied.
      (3)   Time Limit and Renewals. All home occupation permits shall be valid for a period of one (1) year from initial date of approval. Home occupation permits may be renewed annually provided there has not been any violation of the provisions of this chapter. Requests for renewals shall be submitted to the Department of Planning and Development in writing one (1) month prior to the expiration of the permit. The fee must be paid upon approval of the permit, and prior to the expiration.
      (4)   Voiding of Permit. The Director may void any home occupation permit for non-compliance with the criteria set forth in this division (C). Revocation may take place at anytime prior to the expiration date of the permit. If the permit is revoked, or is not renewed, it becomes invalid and said use shall be terminated.
      (5)   Appeal of Decision to the Board of Zoning Appeals. The decision of the Director concerning approval, denial, or revocation shall be final unless a written appeal is filed with the Board of Zoning Appeals within ten (10) calendar days of the decision. An appeal may only be filed by the applicant or persons residing within six hundred and sixty (660) feet of the subject property.
      (6)   Notice to Parties. Applicants for a new home occupation permit shall be required to send a notice by certified mail records of this county. Such notice shall be prepared by the Department of Planning and Development to all property owners of property within 660 feet or two adjacent properties whichever is less of the subject tract. The owners shall be identified as recorded in the office of the Hamilton County Recorder, or as it appears in the Department of Planning and Development and shall include the following:
         (a)   Statement that a home occupation permit application has been filed at a given location;
         (b)   A brief description of the particular home occupation applied for;
         (c)   Address and phone number of the Department of Planning and Development determines that the application complies with all legal standards set forth in this chapter.
      (7)   Issuance of Permit. Upon completion of the required certified mail notices, and a determination that the application is in compliance with the Unified Development Ordinance, the Director of Planning and Development shall issue the permit no sooner than ten (10) days after and no later than fifteen (15) days after the certified mail notice date.
      (8)   Inspection. Home occupation applicants shall permit a reasonable inspection of the premises by the Director, or his designee, to determine compliance with these provisions. Home occupations shall be field checked annually by the Director, or his designee, to determine compliance.
      (9)   Renewal. Home occupation permits may be renewed annually provided there has not been any violation of the provisions of these provisions. Requests for renewals shall be submitted to the Department of Planning and Development in writing, accompanied by the prevailing renewal fee, one month prior to expiration of the permit. Renewals shall not be subject to the notice requirement under division (D)(5) of this section. Renewals shall not be subject to the notice requirement under division (D)(5) of this section.
      (10)   Homeowner's Associations. If the proposed home occupation is within the jurisdiction of a homeowners' association, and the homeowners association has recorded legally binding rules governing home occupations, the proposed home occupation is still subject to those rules. Approval of a home occupation permit by the City shall not be construed as approval by the homeowners association.
   (E)   Prohibited Uses. The following uses, by the nature of the investment or operation, have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area for residential purposes. Therefore, the uses specified below shall not be permitted as home occupations:
      (1)   Medical Offices;
      (2)   Dental Offices, Law Offices and Real Estate Offices;
      (3)   Houses of Worship;
      (4)   Boarding Houses, Time Share Condominiums;
      (5)   Dance Studios;
      (6)   Any type of repair or assembly of vehicles or equipment with internal combustion engines, such as automobiles, motorcycles, scooters, snowmobiles, marine engines, lawn mowers, chain saws, and other small engines;
      (7)   Restaurants, Taverns;
      (8)   Private Clubs;
      (9)   Painting of Vehicles, Trailers, or Boats;
      (10)   Welding, Tooling, or Machine Shops;
      (11)   Hair Styling Salons with two or more customer chairs;
      (12)   Massage Parlors or Massage Studios;
      (13)   Private Schools with Organized Classes;
      (14)   Tool and Equipment Rental;
      (15)   Landscaping and Tree Services;
      (16)   Major Appliance Repair or Service;
      (17)   Operations requiring a Federal Firearms License of Type 02, Type 06, Type 07, Type 08, Type 09, Type 10, Type 11, or any combination of these Types; and
      (18)   Therapy and Counseling Services.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 26-7-97, passed 9-29-97; Am. Ord. 33-6-04, passed 7-13-04; Am. Ord. 23-06-10, passed 7-13-10; Am. Ord. 53-10-15, passed 11-10-15; Am. Ord. 37-10-20, 10-27-20) Penalty, see § 159.999
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