§ 153.073. ACCESSORY USES AND STRUCTURES.

Accessory uses and accessory structures, as defined, shall meet the following requirements:

(A) An accessory structure shall not be erected or an accessory use located prior to the establishment or construction of the principal building or use to which it is accessory or to which it is intended to be accessory, except for agricultural structures.

(B) An accessory structure or accessory use may be permitted on a parcel of land separated by a public right-of-way or easement from the parcel containing the principal structure but any accessory structure must meet principal structure yard requirements and division (A) above.

(C) Swimming pools shall meet the following requirements:

(1) An in-ground swimming pool shall be entirely enclosed by buildings, fences or walls which shall be at least 4 feet in height. The fences or wall must be equipped with self-latching gates or doors, with latching device located not less than 4 feet above the ground. All fencing must be in place and approved by the Zoning Administrator before the water is put into the pool.

(2) Above-ground swimming pools, hot tubs and saunas are not subject to side and rear setback regulations nor any of the standards in division (C)(1) provided they do not violate other sections of this chapter.

(3) In addition to the above regulations, commercial swimming pools are subject to the standards as set forth by the Indiana State Board of Health Rule, 410 I.A.C. 62.

(D) No major recreational vehicle shall be parked or stored on any lot in any Residential District, except in a carport or enclosed building or behind the nearest portion of a structure to the street. This provision, however, does not restrict the parking of a recreational vehicle on a residential lot for a period not to exceed 48 hours during loading, or unloading. No such vehicle shall be used for living, or housekeeping purposes when parked or stored on a residential lot, or on any location not approved for such use.

(E) Trucks or tractor-trailer combination vehicles in excess of 1 ton capacity shall not be parked or stored in any Rural Residential or Suburban Residential district or a nonfarm lot in the Agricultural district except in an enclosed building. Operating refrigeration units will be permitted in the General Business, Light Industrial and General Industrial districts only.

(F) In all zoning districts satellite dish antennae (satellite earth stations) of up to 12 feet in diameter are permitted as accessory structures. A satellite dish antenna may be either roof-mounted or ground-mounted and must meet the following standards:

(1) A roof-mounted antenna shall not extend above the required height of the zoning district in which it is located and shall not overhang within two (2) feet of any side or rear lot line.

(2) A ground-mounted antenna may he located in a side or rear yard or in the front yard if it is at least 100 feet back from the front property line. The closest edge of any antenna may not be less than 2 feet to my side or rear lot line. Ground mounted antenna may not extend above the accessory use height requirement.

(3) If any antenna cannot receive a usable satellite signal by complying with the above standards without substantial removal of mature trees or vegetation, a special exception may be requested from the Board of Zoning Appeals to locate the antenna in a front yard. A usable satellite signal is defined as a signal from a satellite which when viewed on a conventional television set, is at least equal in picture quality to that received from local commercial television stations or by way of cable television.

(4) All antennae shall meet manufacturers specifications, shall meet all applicable Building and Electrical Code requirements, shall be of non-combustible and corrosive-resistant material, shall be erected in a secure, wind-resistant manner and shall be adequately grounded for protection against a direct strike of lightning.

(G) Outdoor display of merchandise, where permitted, and outdoor storage for any use, shall not extend into any street right-of-way, required parking area or bufferyard area and shall be maintained in a neat and orderly manner at all times. The following outdoor storage regulations shall also be met:

(1) Any article or material stored temporarily outside an enclosed structure as an incidental part of the primary commercial operation, shall be so screened by opaque ornamental fencing, walls or evergreen planting, that it cannot be seen from adjoining public streets or adjacent lots, when viewed by a person standing on ground level during any season of the year. This section does not apply to any commercial or industrial use unless the storage area is located within 100 feet of a residence or residential district line.

(2) No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground, except tanks or drums of fuel connected directly with energy devises or heating appliances located and operated on the same lot as the tanks or drums of fuel and except for permitted agricultural uses and permitted uses in the Industrial District.

(3) All outdoor storage of raw materials, waste products and similar materials shall be enclosed by an approved safety fence and shall be shielded from view of public streets and adjacent lots.

(4) All materials or wastes which might cause fumes or dust or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects, shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards. This section does not apply to agriculture or agribusiness uses.

(H) Fences are permitted as accessory structures in any district and do not require any permit. However, fences, excepting partition fences as defined by I.C. 32-26-9-1, must meet the following standards:

(1) Fences must be located entirely upon the lot which it serves, though it may be located immediately adjacent to the lot line.

(2) No fence in any district, except for those servicing agricultural uses, shall be constructed of or contain barbed wire, broken glass, spikes or sharp and dangerous objects, nor be electrically charged, except that barbed wire may be used at the top portion of a permitted fence or wall if located more than 7 feet above the adjacent ground level. Such permitted barbed wire shall be considered part of the fence and subject to the fence height restrictions.

(3) All fences shall meet the requirements of I.C. 32-26.

(4) No fence abutting a residential lot or district may exceed 6 feet in height. All fences constructed abutting a residential lot or district must be designed so as not to prohibit light and/or ventilation to a residence and are subject to the setback distances as determined by Table B-1.

(I) A refuse disposal container (dumpster) and/or refuse storage area or corral for a commercial or industrial use shall not be located within any required front or side yard, parking area or bufferyard. Refuse disposal containers and areas shall be opaquely screened from public streets and adjacent properties. This screening may be achieved by walls, landscaping or the bufferyard, or by virtue of the location on the lot.

(J) Collection stations for used merchandise or for-recyclable items are permitted in the Agricultural, Convenience Business, General Business, Agribusiness, Light Industrial and General Industrial districts and are not subject to side or rear setback regulations provided they are not located in a way to create a traffic hazard and do not violate other sections of this chapter. The collection stations shall be routinely emptied and no outdoor storage of items is permitted.

(K) Newspaper, soft drink and ice vending machines and other similar devices are permitted in areas zoned commercial or industrial and are not subject to setback regulations provided they do not violate other sections of this chapter.

(L) No mobile home shall be stored or parked, vacant or otherwise, in any zoning district, except in conformity with the provisions of the district in which it is located.

(1993 Code, § 8-43) (Ord. 93-02, passed 2-1-1993; Am. Ord. 2009-17, passed 12-7-2009)