§ 7.10. ACCESSORY USES AND STRUCTURES.

(A) Intent. Accessory uses shall be permitted in all zoning districts in accordance with the provisions of this section. Accessory uses:

(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) Shall not be permitted prior to the erection and operation of the principal use, unless a temporary improvement location permit is obtained in accordance with § 9.3; and

(4) Shall be clearly subordinate in height, area, bulk, extent and purpose to the principal use served and shall not exceed the following:

(a) Setback.

(1) Front setback. Accessory structures shall be located no closer to the front lot line than the building facade line of the principal use.

(2) Side setback. Accessory structures may encroach upon the side setback, but they may be located no closer than ten feet to the side property line.

(3) Rear setback. Accessory structures may encroach upon the rear setback, but they may be located no closer than ten feet to the rear property line.

(4) Encroachment. Accessory structures shall not encroach upon any required landscaping or bufferyard.

(5) CB District. Refer to § 6.3 for accessory structures in the CB District.

(b) Area. No accessory structure located on residentially zoned property shall have an area greater than 50% of the area of the principal structure. Accessory structures located on non-residentially zoned properties shall not have an area greater than 15% of the area of the principal structure.

(c) Height. No accessory structure shall have a height greater than 18 feet, or as specified in the § 7.3.

(B) Permitted accessory uses.

(1) Appurtenant features such as walks, driveways, curbs, drainage installations, chimneys, garages, gazebos, hot tub enclosures, carports, canopies, pool houses, porches, patios, greenhouses mailboxes, lamp posts, bird baths and structures of a like nature are permitted;

(2) Buildings or structures such as canopies, porte-cocheres, patios, outdoor fireplaces, bathhouses and cabanas, doghouses, children’s play equipment, greenhouses and similar accessory buildings or structures are permitted;

(3) The keeping of no more than three domestic pets, provided it is not for profit and not construed as a kennel, is permitted. More than three pets shall be considered “raising or breeding of non-farm fowl and animals” and shall be subject to the regulations of a use;

(4) Fences, walls and structural screens are permitted when they do not impede intersection visibility. See §§ 7.2 and 7.14;

(5) Off-street motor vehicle parking and loading areas are permitted, as set forth in § 7.5;

(6) Signs, as set forth in § 7.7;

(7) Swimming pools require an improvement location permit, per § 9.3 and shall meet the following requirements:

(a) Private swimming pools shall be surrounded by a self-latching fence at least six feet in height, located at least three feet from the edge of the water on all sides, and maintained so as to prevent access to children or animals. If the fence is not a six-foot privacy fence, an automatic pool cover shall be required; and

(b) If any side or sides of a private swimming pool lie within 25 feet of abutting residential use:

(1) A solid planting screen shall be provided and maintained which shall grow to a height of eight feet and a depth of six feet;

(2) A solid screen of suitable construction material to a height of eight feet and a depth of six feet; or

(3) A solid screen of suitable construction material to a height of eight feet, which will act as a sound barrier on the side or sides, shall be provided and maintained.

(8) Radio and television antennae and satellite dishes, and amateur radio sending and receiving antennae are permitted, subject to the following:

(a) Ground-mounted satellite dishes and antennae shall be prohibited in any front or side yard.

(b) Ground-mounted dishes and antennae shall be placed between the rear of the main structure and the rear property line, set back at least five feet from all property lines. Required yard areas must be met.

(c) Ground-mounted antennae shall not exceed 12 feet in height in any residential district or 75 feet in height in any nonresidential district, and shall be obscured from the public right-of-way by buildings or landscaping

(d) Roof or building mounted antennae shall not exceed nine feet in elevation or four feet above the highest building elevation, whichever is less.

(e) No satellite dish shall exceed two feet in diameter or seven feet in height, unless the dish is mounted on a building, in which case it shall not extend higher than the roof of the building upon which it is mounted.

(9) Management offices in multifamily dwellings and other facilities normally associated with tenants’ convenience, such as vending machines and washing machines are permitted, provided there is no exterior display and they are screened in accordance with § 7.13;

(10) Dumpsters, recycling containers and trash compactors shall be fully enclosed by a structure that shall be:

(a) Located no closer to any right-of-way than the principal structure;

(b) A minimum of six feet and maximum of eight feet in height;

(c) Dumpsters and recycling containers shall be screened on three sides by the construction of permanent opaque wooden, brick or masonry screens. Constructed of masonry materials that are compatible with the principal structure. Landscaping shall be used to soften the wall; and

(d) The fourth side which provides access to the dumpster or recycling container for refuse collectors shall be gated and situated so that the container is not visible at an angle greater than 45 degrees from adjacent public streets.

(11) All vending machines shall be screened around the exterior of any building on the premises. Vending machines on the exterior of any building on the premises shall be located under an awning or contained in a roofed shelter, stall or other structure so located as not to interfere materially with the use of adjacent properties;

(12) Child care homes in accordance with I.C. 12-17-2-5;

(13) Storage areas are permitted only as regulated in § 7.13 of this ordinance;

(14) Private residential garages and carports for the storage of motor vehicles are permitted, provided that the structures are accessory to private, residential uses, are used for the storage of motor vehicles, and are clearly accessory and not for commercial purposes; and

(15) Storage or parking of recreational vehicles (including travel trailer, boat trailer and the like) in the open is permitted, subject to the standards in § 7.5, § 7.13 and the following conditions:

(a) In any district the wheels or any similar transporting devices of any recreational vehicle shall not be removed except for repairs, nor shall the vehicle be otherwise permanently fixed to the ground in a manner that would prevent ready removal of the types of mobile structures;

(b) Recreational vehicles may be stored or parked by the owner thereof behind or along side the principal building in a manner that no part of any vehicle shall project beyond the front or side setback lines of the lot;

(c) Not more than one recreational vehicle will be permitted to be parked or stored in the open on residential property at any one time in accordance with § 7.5(J)(5); and

(d) At no time shall a parked or stored recreational vehicle be occupied or used for living, sleeping or housekeeping purposes, except as provided for visitations in subsection (B)(15)(c) above.

(C) Accessory apartments. These provisions shall apply in all zoning districts whether the use is permitted, conditional, accessory or temporary. Accessory apartments, also known as “granny flats” or “in-law units” shall require a certificate of compliance as per § 9.12 obtained from the City Planning and Building Department.

(1) In any residential district, a conditional use may be granted for an accessory apartment to be constructed within a single-family detached residence or within the existing accessory structure of the residence, provided a lot has a minimum area of 10,000 square feet.

(2) Accessory apartments shall be limited to occupation by related family members or domestic employees only.

(3) The owner(s) of the single-family lot upon which the accessory apartment is located shall occupy at least one of the dwelling units on the premises.

(4) The minimum floor area for an accessory apartment within a principal dwelling shall be 600 square feet, but in no case shall it exceed 25% of the area of the principal residence in which it is located.

(5) The minimum floor area for an accessory apartment located in an existing accessory building shall be 600 square feet, and shall not exceed the area of the existing accessory structure at the time the conditional use was approved.

(6) No more than one accessory apartment shall be permitted per lot.

(7) If an accessory apartment is located within the principal building, the only entry to the unit and its design shall be so that the appearance of the buildings will remain as a single-family residence.

(a) Only one entrance to the principal building shall be visible from the front yard.

(b) No exterior stairway to the second floor shall be permitted at the front or side of the building.

(8) Accessory apartments located in existing accessory structures shall be located, designed, constructed and landscaped in a manner that to the maximum extent feasible the appearance of the property remains as a single-family lot.

(9) Conditional use for accessory apartments shall be obtained from the Board of Zoning Appeals as per § 9.5 of this ordinance and must be renewed every five years.

(D) Agricultural exception. Accessory structures used exclusively for agricultural purposes shall be exempt from maximum floor area and timing requirements of this section.

(Ord. 07-16, passed 12-10-2007; Ord. 2015-08, passed 5-26-2015)