§ 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