(A) Primary structures; orientation.
(1) All new construction of any building or structure, or renovation of or addition to an existing building or structure, shall be rear loading if said building or structure is located on a lot or lots adjacent to a major thoroughfare and the building or structure is not separated from the major thoroughfare by another buildable lot. The front elevation of said building or structure shall face the major thoroughfare.
(2) Except as provided in division (A)(1) above, all new construction of a building or structure, or renovation or addition to an existing building or structure, shall require the front doorway of the building or structure to be oriented to the front elevation of the building or structure which shall face the nearest improved road.
(B) Accessory structures. Accessory structures shall be permitted in all zoning districts provided the following requirements have been met.
(1) Orientation. Detached garages and secondary structures shall be accepted from being oriented toward a major thoroughfare.
(2) Timing of construction. Accessory structures shall secure an ILP and shall not be erected prior to the primary structure, except for structures used for agricultural purposes as defined under "agriculture" in § 155.220 General Definitions.
(3) Subordination. Accessory structures shall be clearly subordinate in height, area, bulk extent, and purpose to the primary structure.
(4) Permits not required. The following accessory structures are permitted in all districts and may be installed in any required yard without an ILP:
(a) Structures exclusively for agricultural purposes, landscape vegetation, swing sets, children's tree houses, bird baths, bird houses, curbs, lamp posts, mail boxes, name plates, utility installations for local services, retaining walls, walks, drainage installations, housing for domestic pets provided it is not for profit and does not constitute a "kennel" as defined in § 155.220 General Definitions.
(b) Wireless communications facilities are permitted in all districts and may be installed without an ILP provided they are co-located upon an existing or pre-approved wireless communication facility, or they are no taller than 15 feet and visually integrated or camouflaged against a structure other than another antenna.
(5) Permits required. The following accessory structures are permitted in all zoning districts and require an ILP certifying that all applicable requirements of the ordinance have been met.
(a) Fences, walls, and hedges may be up to six feet in height and are permitted in any side yard or rear yard. Wooden picket fences shall be built with the structural side, including all structural members, braces, bolts, washers/nuts, etc. facing the interior of the property. In all zoning districts, unless otherwise specified herein, fences may be constructed along property lines so long as the fence does not encroach on town or public right-of-way. In the event that the property line falls along or near a sidewalk or access point, the fence will be a minimum of six inches from the edge of the sidewalk or access point. This will require each property to undergo a retracement survey before installation and will require the permit applicant to submit these documents to the Building Commissioner/Zoning Administrator prior to approval. For front and side yard, fences will continue to follow the same height requirements, design standards, and sight line requirements as specified in the UDO.
1. SF District: No fence, wall, or hedge shall be permitted in a required front yard that exceeds three feet in height.
2. AG, MR, MF, HC, GC, TWN Districts: No fence, wall, or hedge shall be permitted in a required front yard that exceeds six feet in height.
3. GI and LI Districts: No fence, wall, or hedge shall be permitted in a required front yard that exceeds eight feet in height.
(b) Buildings such as garages, carports, enclosed patios, bath houses, gazebos, cabanas, greenhouses, storage sheds, stables, and other structures over 120 square feet in area. In all zoning districts, unless otherwise specified herein, accessory structures used for storage or parking may be constructed along property lines so long as the structure does not encroach on town or public right-of-way. In the event that the property line falls along or near a sidewalk or access point, the accessory structure will be a minimum of six inches from the edge of the sidewalk or access point. This will require each property to undergo a retracement survey before installation and will require the permit applicant to submit these documents to the Building Commissioner/Zoning Administrator prior to approval. For front and side yard, accessory structures will continue to follow the same height requirements, design standards, and sight line requirements as specified in the UDO.
(c) Home occupation structures in accordance with this chapter.
(d) Swimming pools subject to a five foot high fence placement around the swimming pool area and/or a mechanical pool cover over the swimming pool. No swimming pool permitted in front yard. This shall not apply to wading pools.
(e) Signs as set forth in this chapter.
(f) Antennas and amateur radio towers over 30 feet in height measured from the roofline.
(g) Parking spaces.
(C) Structure height. All buildings hereafter shall comply with the height regulations of the district in which it is located, with the exception of the following:
(1) An agricultural structure may be erected or changed to any height necessary for its operation.
(2) Spires and church steeples may be erected or changed to any height that is not otherwise prohibited.
(D) Structures relocated. No buildings or structures shall be moved from one lot or premises to another unless such buildings conform to the regulations of the district to which such building shall be moved and an ILP has been secured.
(E) Residential structures.
(1) Residential structure conversions. Structures originally designed for occupancy by two families or less converted to occupancy by more than two families shall secure an ILP. Such structures shall show no evidence of change to indicate the extra dwelling units. All fire escapes or stairways leading to a second or higher floor shall be completely enclosed within the converted building.
(2) Manufactured homes.
(a) Permanent placement. Manufactured homes shall be permitted provided the following requirements and limitations are met:
1. The manufactured home is built to the manufactured home construction and safety standards (HUD Code) and displays a red certification label on the exterior of each transportable section.
2. The development standards for the respective zoning districts shall be met;
4. The structure shall be attached and anchored to a permanent foundation in conformance with the appropriate building code and with manufacturer's installation specifications;
5. The entire area between the floor joists of the structure and the underfloor grade shall be completely enclosed with a permanent perimeter enclosure constructed in accordance with the terms of the appropriate building code; the manufacturer's installation specifications; and requirements set forth by the Indiana Administrative Building Council;
6. The structure shall possess all necessary building, water, and sewage disposal permits prior to placement of the structure upon the lot;
7. The wheels, axles, and hitches shall be removed;
8. The structure shall be covered with an exterior material customarily used on site-built structures;
9. The roof of the structure shall be shingled and pitched, rather than flat;
10. In areas outside of a manufactured home park, the following standards are established to ensure that the structure is compatible with surrounding conventional construction: (a) A manufactured home shall be no more than seven years of age. (b) A manufactured home shall have a width of no less than 18 feet unless replacement is permitted as set forth in division (c), below. (c) A manufactured home may be replaced with a manufactured home of equal or larger size upon proper request to the Zoning Administrator, if, and only if: (1) the replacement manufactured home is no more than seven years of age at the time of replacement; (2) the Zoning Administrator confirms that the replacement manufactured home meets all other requirements for manufactured homes set forth in the Unified Development Ordinance and/or any other requirements pursuant to state or federal law; and (3) the existing structure is replaced within 90 days of its removal;
11. A manufactured home or mobile home that is vacant and/or does not have utilities for a period of six month or more shall be deemed as noncompliant and must be removed within 90 days after it is deemed to be noncompliant by the Zoning Administrator or a representative designated by the Zoning Administrator.
(b) Temporary residential occupancy.
1. Permitted for occupancy.
a. During construction. In all zoning districts, an ILP may be issued for the temporary occupancy of a manufactured home, to a person intending to build a permanent residence on the property. The ILP for temporary placement and occupancy of the manufactured home is for issued a period of one year and may be renewed for an additional one-year period if construction of the dwelling has started but has not been completed.
b. Health issue. An ILP may be issued to an applicant whose own health or the health of another necessitates care, and where the facts show that an unnecessary hardship would occur If not permitted to temporarily locate a manufactured home for occupancy adjacent to the residence of someone who is able to provide such care or in need of such care. The ILP would be valid for the lifetime of the person needing care and is renewable annually from the date of issuance.
2. Regulations. The following regulations shall apply to the temporary occupancy of a manufactured home:
a. The manufactured home is built to the manufactured home construction and safety standards (HUD Code) and displays a red certification label on the exterior of each transportable section.
b. The structure is to be located on the same property as an existing residence or located on property on which a permanent residence with a valid ILP is intended to be built.
c. The structure should be served by the same address, water supply, and sewage facilities serving the existing residence or the residence under construction. If the existing residence utilizes a septic system, approval shall be subject to the Orange County Board of Health.
d. The structure shall remain on its wheels and shall not be placed on a permanent foundation.
e. Applicable front, side, and rear yard regulations of the district in which it is located are to be observed.
f. Occupancy of the structure is restricted to immediate family, persons employed in the care of the property owner (employed on the premises of the property owner) or the owner of the property who intends to construct a permanent residence.
g. The structure used for temporary occupancy shall have a ground floor area greater than 500 square feet.
h. The manufactured home shall be tied down as per the requirements of the one and two-family dwelling code or the manufacturer's recommendation.
i. The perimeter of the manufactured home shall be completely enclosed except for access and ventilation openings. The perimeter enclosure may consist of skirting materials installed in accordance with the manufacturer's installation specifications and secured as necessary to provide stability, minimize vibrations, and minimize susceptibility to wind damage and to provide adequate insulation to protect exposed piping. Perimeter enclosures other than skirting shall meet requirements of the one and two-family dwelling code and the requirements set forth by the Indiana Administrative Building Council.
3. Permanent residential occupancy. Manufactured homes may be permanently occupied when located in a district where a single-family dwelling is permitted by right or approved by special exception.
(F) Commercial structures. Reserved.
(G) Industrial structures. Contractor's offices, manufactured homes, trailers, or vans may be utilized as contractor's offices, watchman's shelters, or tool and equipment storage on the project site and only during the period of construction. The ILP would be valid for six months and may be renewed for up to an additional six months if necessary if construction has not concluded.
(H) Other structures. Trash receptacles in any district, non-pedestrian outdoor trash receptacles used for non-agricultural or non-residential uses shall be completely screened from view by the use of either solid fencing or evergreen vegetation. Such receptacles shall not be visible from the street front or any adjacent residential use during any time of the year.
(I) Animal restrictions. The UDO incorporates the provisions set forth in Title IX, Chapter 90 (Animals), of the Code of Ordinances of the Town of Paoli, Indiana, which may be amended from time to time by the Town Council of the Town of Paoli.
(J) Standards on solar power systems.
(1) SOLAR POWER SYSTEMS. An electric power system designed to supply usable solar power by means of photovoltaics. This definition includes without limitation: solar panels.
(2) Roof-mounted solar power systems (located on the roof of a lawfully established structure) are authorized in all zoning districts so long as said solar power system does not protrude excessively from the roof of the structure, cause a blight to the community as determined by the Zoning Administrator or his or her designee, a permit is obtained, and all listed standards herein are followed.
(3) Roof-mounted solar power systems may be placed on the primary or accessory structure if authorized herein.
(4) Solar power systems shall only be installed by authorized installers/companies that meet the following criteria:
(a) Must be in good standing with the Better Business Bureau.
(b) Must carry business insurance.
(c) Must be well-versed in the installation and operation of solar power systems.
(d) Any other criteria as deemed by the Zoning Administrator for safe installation and operation.
(5) Solar power systems shall not be personally installed by the property owner unless the property owner meets the above-mentioned criteria and to the satisfaction of the Zoning Administrator.
(6) Property owners shall enter into an interconnection agreement with the Town of Paoli before completion of the solar power system installation.
(7) Any solar power system that has been abandoned, meaning it has not been in operation for a period of 12 months or more, or is defective or unsafe in any manner as determined by the Zoning Administrator or his or her designee, the Paoli Electric Department, and/or IMPA Metering Technician/Professional Engineer, shall be removed or repaired by the property owner within 30 days after receiving notice. If not removed or repaired within 30 days to the full satisfaction of the above-listed persons, then the Town of Paoli, Indiana, may pursue legal action to have the system removed at the property owner’s expense.
(8) Should the solar power system be deemed an immediate fire safety hazard or risk hazard as determined by the Zoning Administrator or his or her designee, Paoli Electric Department, and/or IMPA Metering Technician/Professional Engineer, the Zoning Administrator may take immediate action to have the problem corrected as the Zoning Administrator deems fit. This includes but is not limited to complete removal of the solar power system at the property owner’s expense.
(Am. Res. 2023-01, passed 2-7-23)