§ 194.095  URBAN ACCESSORY USES.
   (A)   Permitted accessory uses.
      (1)   Accessory uses shall be permitted in all zoning districts; provided, however, that, the primary use which is supported by the accessory use is a permitted use within the district to which a lot is zoned.
      (2)   Accessory uses shall not be permitted on a lot prior to the erection of the primary building.
      (3)   Accessory uses shall be customarily incidental, and subordinate to, and commonly associated with, the operation of the primary use of the lot.
      (4)   By way of example only, some typical accessory uses are: garages; carports; porches; decks; awnings; canopies; mini-barns; storage sheds; fences; patios; outdoor fireplaces; bathhouses; cabanas; children’s playhouses; swings; game courts, including tennis or basketball courts; parking areas; signs; swimming pools; hot tubs; radio sending and receiving antennas; satellite dish antennas;’ and storage buildings.
   (B)   Development standards for accessory uses.
      (1)   Accessory uses shall comply with all development standards of the applicable zoning district unless an exception is specifically provided for in § 194.019 of this chapter.
      (2)   Accessory uses shall not encroach upon any:
         (a)   Platted easement; or
         (b)   Recorded easements for, infrastructure, utilities or drainage, or for access to such infrastructure, utilities or drainage; unless specifically authorized by the terms of such platted easement or recorded easement, or by written consent of the agency in whose favor the easement is granted.
      (3)   Fences (including wood, chain link, solid, architectural screen, lattice-work or masonry):
         (a)   Maximum height above grade:
            1.   Shall not exceed 48 inches in a required front yard;
            2.   Shall not exceed six feet in a required side or rear yard;
            3.   Shall not exceed eight feet if located outside of the minimum required yards, but within the buildable area of a lot;
            4.   Fence posts may exceed the six-foot maximum height by one foot (see Figure 5, Diagram 1); and
            5.   Shall include in the height measurement any grade mounding, inconsistent with the ground level of the land surrounding the fence, which increases the height of the fence. (See Figure 5, Diagram 2.)
         (b)   Shall comply with all vision clearance area requirements of this chapter, § 194.021 of this chapter;
         (c)   Shall not contain barbed wire, razor wire and similar type wires as a part of the fence, except in the O-1 District, where it may be used only in conjunction with an agricultural use; and
         (d)   Shall not be electrified in any manner which could intentionally provide for an electrical shock if touched, except in the O-1 District, where it may be used only in conjunction with an agricultural use.
   (C)   Additional development standards for accessory uses in any R district. Accessory uses permitted in any R-SF-1, R-SF-2, R-SF-3, R-SF-4, R-MF-1, R-MF-2 and R-V District shall also comply with the following additional development standards.
      (1)   Accessory buildings.
         (a)   The total square foot area of all accessory buildings on a lot shall not exceed 50% of the finished floor area of the primary building. Exception: in the R-V District, a detached garage may exceed the 50% calculation above; provided that:
            1.   It is the only accessory building on the lot;
            2.   The maximum dimensions of the garage shall not exceed 24 feet by 30 feet; and
            3.   The total square footage of the garage is less than or equal to the finished floor area of the primary building.
         (b)   The total number of accessory buildings on a lot shall not exceed two accessory buildings.
         (c)   The minimum side yard requirements for accessory building shall comply with the minimum side yard setback requirements of the district in which it is located including aggregate.
      (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 required side or rear yard.
         (c)   The swimming pool or hot tub shall be enclosed by either: a fence, which shall be adequate to prevent persons, children or animals from harm, and shall be equipped with a self closing. self-latching gate; or a safety pool cover complying with the provisions of I.A.C. 20-4-27(c). If a fence is utilized, such fence shall:
            1.   If erected at grade, be not less than five feet in height; or
            2.   If erected on the deck of an above ground pool or hot tub, not be less than 36 inches in height measured from the surface of the deck.
         (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)   Swimming pools or hot tubs, situated on a lot where the primary building is not occupied for periods of 30 consecutive days or more, shall be 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, shall be included in the calculation of maximum lot coverage.
      (3)   Patios, porches, gazebos and decks. Patios, porches, gazebos and decks shall comply with all maximum lot coverage, minimum yards and building setback, and maximum building height regulations of the applicable zoning district for primary buildings.
         (a)   Lot coverage credit.  (Permitted in any R-SF-1, R-SF-2, and R-V District) A onetime credit of 2% additional lot coverage may be sought and utilized for at grade patio if constructed with approved pervious material (inclusive of gravel, decking, and pavers, and in no case exceeding a height greater than six inches from the natural grade established by the overall parcel).
      (4)   Satellite dish antennas.
         (a)   The regulations of this division (C)(4) shall apply to satellite dish antennas in all R districts which are greater than one 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 division (C)(4) 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 one 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 non-residential 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 R district, satellite dish antennas greater than one meter (39.37 inches) in diameter shall be permitted provided that:
            1.   If ground-mounted, satellite dish antennas shall:
               a.   Not be located in any required front, side or 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 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 plans certified by a registered civil or structural engineer that the proposed installation complies with the standards listed in §§ 623.0 and 624.0 of the BOCA Basic Building Code. Furthermore, written documentation of such compliance, include load distribution within the building’s support structure shall be furnished.
         (d)   No requirement contained in this division (C)(4) shall be enforced to the extend it:
            1.   Unreasonably delays or prevents installation, maintenance or use of an antenna;
            2.   Unreasonably increases the cost of installation, maintenance or use of an antenna; or
            3.   Precludes reception of an acceptable quality signal by an antenna.
   (D)   Additional development standards for accessory uses in the R-MF-1, R-MF-2 and all commercial and industrial districts. No accessory use or structure shall be permitted in any required front, side or rear yard unless specifically authorized by the applicable zoning district regulations. In addition, the following accessory uses shall also comply with the following requirements.
      (1)   Trash containers exceeding 36 cubic feet shall:
         (a)   Be screened on all four sides within a solid-walled or opaque fenced enclosure with gate not less than six feet, nor greater than eight feet, in height above grade;
         (b)   Be located behind the front building line; and
         (c)   Not be located in any required yard or required bufferyard.
      (2)   Parking areas shall comply with the off-street parking regulations of § 194.108 of this chapter.
      (3)   Loading areas shall comply with the off-street loading regulations of § 194.109 of this chapter.
      (4)   Signs shall comply with the sign regulations of §§ 194.160 through 194.169 of this chapter.
      (5)   Gasoline dispensers shall not be located within any required front, side or rear yard and shall be provided with adequate on-site maneuverability for both customer vehicles and supply vehicles (bulk delivery) so as to avoid any interference with through traffic on any public right-of-way.
   (E)   Underground facilities. Underground facilities, excluding utilities, shall not be located in or under any required front, side or rear yard. (See also § 194.017 of this chapter.)
   (F)   Game courts. Game courts shall not be located in any required front, side or rear yard, or between the established front building line and the front lot line. However, a basketball goal may be located in a driveway or interior access drive in any R district, so long as the game court for the basketball goal does not encroach into a public street.
 
(Ord. 2000-16, passed 8-28-2000, § 3.1; Ord. 2017-17, passed 12-4-2017; Ord. 2020-01, passed 1-6-2020)