Bargersville City Zoning Code

DESIGN AND

MAINTENANCE

§ 154.090 ACCESSORY BUILDINGS AND STRUCTURES.

(A) Accessory buildings cannot be erected in any front yard. Parcels five acres or larger in the AG and RR Districts are exempt from this requirement. A minimum ten-foot separation is required between accessory buildings and other building.

(B) A detached accessory building or structure may be erected in a rear or side yard if set back at least ten feet from the rear and five feet from the side property lines unless otherwise provided by this chapter.

(D) An accessory building or accessory structure cannot be constructed on a lot before the principal building or use is constructed on the lot.

(E) Swing sets, playground equipment, garden trellises, well-head covers, flag poles, bird baths, and similar above-ground yard equipment accessory to a residential use are exempt from the provisions of this subsection, except for height limitations.

(F) Buildings and structures accessory to non-residential uses must meet the minimum setback requirements and height limitations for principal buildings in the respective zoning district.

(G) Accessory buildings and structures must use the same public utility connections as the principal building.

(H) Satellite dish antenna. These regulations apply to satellite dish antenna and other satellite reception devices greater than two feet in diameter.

(I) General purposes.

(1) These regulations are designed to promote the public health and safety by providing criteria for the placement of these antenna. This ensures that all installations limits endangerment of life and property on the site and surrounding properties due to collapse or destruction.

(2) These regulations are also designed to decrease the potential for urban blight in residential neighborhoods generated by guy wires, poles, cables, and other appurtenances.

(3) These regulations allow satellite dish antenna installations in a manner that: (a) does not unreasonably delay or prevent the installation, maintenance, or use of the antenna; (b) does not unreasonably increase the cost of installation, maintenance or use of the antenna; or (c) preclude reception of an acceptable quality signal.

(J) General requirements.

(1) A satellite receiver antenna two feet in diameter or less may be installed in any location in accordance with the provisions of I.C. 36-7-4-201.

(2) Satellite dish antenna greater than two feet in diameter may be erected in the R-4 and R-5 residential zoning districts after an improvement location permit is obtained, provided the following criteria are met:

(a) The satellite dish antenna is ground mounted;

(b) The diameter does not exceed ten feet;

(d) It is located between the rear building line of the principal structure and the required rear yard setback line. In case of a corner lot, the antenna must not be located within the street side yard.

(3) In the R-5 residential district, a satellite dish antenna may be roof mounted provided the diameter is no more than ten feet, and the height of the antenna is no more than 12 feet. A roof mounted satellite dish antenna must be located at least ten feet behind the front roofline of the structure. A roof-mounted antenna cannot exceed the maximum height requirement of the zoning district.

(4) Satellite dish antenna may be erected in any nonresidential zoning district provided:

(a) The diameter must not exceed 12 feet.

(b) The height of a ground-mounted antenna must not exceed 25 feet.

(d) A roof-mounted antenna must not exceed the maximum height requirement of the zoning district. A roof mounted satellite dish antenna must be located at least ten feet behind the front roofline of the structure.

(e) A ground-mounted antenna must comply with the yard setback requirements of the district. Antenna must not be in a front yard or open space.

(5) Satellite dish antennas must be installed and maintained in compliance with all applicable building and electrical codes and are subject to the following standards:

(a) Satellite dish antennae must be solid in color.

(b) Not more than one antenna greater than two feet in diameter is allowed on any lot unless shown on an approved site plan.

(c) No advertising, logos, or corporate symbols are permitted on any satellite dish antenna greater than two feet in diameter.

(K) Amateur radio standards. Individual amateur transmitting and receiving antennae and associated support structures owned or operated by licensed amateur radio operators are permitted as accessory structures according to these provisions.

(1) Amateur radio club and repeater station antennae and support structures are permitted to the height necessary to maintain reliable communications.

(2) Antenna structures of amateur radio operators licensed by the Federal Communication Commission may not exceed 75 feet above grade. The height is measured vertically and includes the height of the building where the antenna support structure is mounted.

(3) Antennae may be located above the antenna support structure as necessary for effective radio communications.

(4) Upon the Federal Communication Commission licensed operator's cessation of ownership or leasehold rights in the antenna support structure, or on loss of his or her federal amateur radio license (whichever occurs first), the operator must safely remove all antenna support structures within 30 days at no expense to the town. If the operator fails or refuses to remove the antenna support structure, the owner of the subject lot is responsible for the removal of all such structures. Failure to remove antenna support structures is a violation of this chapter and subject to enforcement (see § 154.183(I)).

(5) On residential lots, antenna support structures must be located between the rear building line of the principal structure and the required rear yard setback line. For a corner lot, the antenna cannot be located within the street side yard.

(6) Nothing in this section affects any existing antenna support structure utilized by any federally licensed amateur radio operator constructed and in place before the passage of this chapter.

(L) Swimming pools and hot tubs. In addition to conforming to the regulations for accessory structures, all swimming pools and hot tubs must meet the following requirements:

(1) Swimming pools cannot be installed without first being issued an improvement location permit according to § 154.181(B).

(2) Swimming pools or hot tubs cannot be in any required front, side, or rear yard setback or closer to the street than the front fagade of the principal structure.

(3) Swimming pools or hot tubs cannot be constructed unless adequate distance from overhead electrical wires is provided according to the current National Safety Code and National Electrical Code.

(4) All swimming pools and hot tubs must be included in the calculation of maximum lot coverage.

(5) All swimming pool construction, including associated decking, fencing, and means of access must conform with the regulations set forth in 675 I.A.C. 20-4.

(Ord. 2022-17, passed 7-19-2022)

§ 154.091 BUILDING STANDARDS.

(A) Every building erected must be located on a lot and in accordance with this chapter.

(B) A lot used for single-family residential purposes must have only one principle building devoted to residential use, except as otherwise permitted in this chapter.

(D) A lot in a nonresidential district may have more than one principal building devoted to non-residential uses.

(E) The use of any basement for dwelling purposes is prohibited in any zoning district unless the basement meets the most recent and adopted version of the Indiana Residential Code.

(F) Buildings erected as garages or accessory buildings cannot be occupied for dwelling purposes unless they conform with the requirements of § 154.060.

(G) Any new single-family dwelling unit must comply with the requirements below. Dwelling units within a manufactured home community are exempt from these requirements.

(1) If the dwelling unit is a new manufactured home, it must be new by the manufacturer and/or appropriate inspection agency as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development, as amended. If the dwelling unit is a used manufactured home, it must be found to be in excellent condition and safe for residential occupancy and provide a letter of label verification from the U.S. Department of Housing and Urban Development Office of Manufactured Housing Programs. The dwelling unit must be installed with the wheels removed. All new and used manufactured homes must bear a valid manufactured home certification label (HUD tag).

(2) The dwelling unit must comply with all applicable building, electrical, plumbing, fire, energy, and other similar codes adopted by the Town of Bargersville.

(3) The dwelling unit must be firmly attached to a permanent continuous foundation constructed on the building site. The foundation wall must have the same perimeter dimensions as the dwelling unit and be constructed as required by the building code for on-site constructed single-family dwellings. If the dwelling unit is a manufactured home, its foundation must fully enclose the chassis, undercarriage, and towing mechanism.

(4) If the dwelling unit is a manufactured home, it must be installed per the manufacturer's instructions and be secured to the building site by an anchoring system complying with applicable regulations of the State of Indiana.

(5) The front entry to the dwelling must be located on the ground floor. Permanently attached steps at least three feet in width must be provided where there is an elevation difference greater than eight inches between the first-floor entry of the dwelling unit and the adjacent grade.

(6) The exterior finish of the dwelling unit must meet the applicable building design and material requirements of §§ 154.130 to 154.163.

(7) The dwelling unit must have at least two exterior doors, with one in either the rear or the side of the dwelling unit.

(8) Temporary dwellings. A cabin, garage, basement, tent, recreational vehicle, or other temporary structure cannot be used for dwelling purposes in any district. A manufactured home may be used as a temporary dwelling for a period not to exceed six months upon approval of the Administrator who determines the following conditions are met:

(a) The lot contains the permanent dwelling of the applicant which has become uninhabitable due to damage caused by fire, wind or other natural calamity or emergency;

(b) The applicant is unable to obtain another dwelling unit as a temporary residence while repairing the damaged dwelling;

(c) The temporary dwelling is constructed to meet the minimum requirements for the health, safety and welfare of the occupants and the surrounding neighborhood;

(d) The temporary dwelling is served by sanitary sewer and potable water, approved by the town;

(e) The temporary dwelling will be removed within 30 days of the issuance of a certificate of occupancy for the new dwelling.

(Ord. 2022-17, passed 7-19-2022)

§ 154.092 FENCES AND WALLS.

These standards apply to fences in all zoning districts.

(A) Fences cannot be erected or altered in a manner that obstructs the vision of a vehicle driver (see § 154.099). Fences may be built directly along lot lines; however, fences must not encroach into rights-of-way, nor into easements prohibiting the installation of fences.

(B) Fences may be placed in a drainage or utility easement after approval of an encroachment permit. Fences must be offset a minimum of five feet from the swale flow-line or any underground pipe without impeding the flow of storm water runoff. The Town of Bargersville Storm Water Utility or its designated representatives are not liable for replacement or repairs of any fence located within a drainage easement. The Utility must notify the property owner at least 30 days prior to any repairs unless an emergency requires immediate repairs. The property owner is solely responsible for the cost of removing and replacing the fence encroaching into the easement. The property owner is responsible for maintaining the obstruction-free flow of storm water across their property.

(1) Fence height is measured from the top of the fence to the finish grade adjacent to the fence. Any fence placed upon mound, berm, or masonry wall is measured from the top of the fence to the finish grade at the base of the mound, berm, or wall.

(2) Fences located within a required setback for a side yard, street side yard, or rear yard of a residential lot cannot exceed six feet in height.

(3) Fences located within a required or established front yard shall not exceed 42 inches in height in Residential (R-R, R-1, R-2, R-3, R-4, and R-5) Zones, Commercial (C-1, C-2, C-3) Zones, and Industrial (I-1, I-2, and I-3) Zones, or 52 inches in height in a residential use located on an agriculturally zones (AG) parcel.

(4) Open wire mesh fences surrounding tennis courts and baseball diamond backstops may be erected to a height of 16 feet.

(5) Fences enclosing an institutional, business, or industrial property, may consist of an open mesh fence not to exceed ten feet unless otherwise restricted by this chapter.

(6) Fences in agricultural uses located within any zone shall not exceed eight feet in height in any side or rear yard or 52 inches in height in any front yard setback.

(D) Opaque fences must be installed so the finished side of the fence is facing outward (e.g., toward the lot line).

(E) Fences for screening of permitted outdoor storage or display areas must comply with §§ 154.068 or 154.070.

(F) Property owners should refer to any applicable declaration of covenants, conditions, and restrictions, which may impose greater restrictions than listed in this chapter. This chapter does not abrogate any private covenants that may apply to property.

(G) Chain link fencing is prohibited in all zoning districts except industrial districts. Barbed wire and razor wire are prohibited in all districts, unless otherwise provided in this chapter. Security fencing around utilities is exempt from these requirements.

(H) Fences must be maintained in good condition and operating order.

(I) In all zoning districts, temporary fences for safety and construction are permitted and are exempted from the standards of this chapter.

(Ord. 2022-17, passed 7-19-2022; Ord. 2023-17, passed 12-12-2023)

§ 154.093 HEIGHT STANDARDS.

(A) A structure must not exceed the height limits established and specified in the zoning district in which the structure is located except as otherwise provided in this subchapter.

(B) In all zoning districts, spires, church steeples, chimneys, cooling towers, stacks, tanks, water towers, elevator bulkheads, fire towers, scenery lofts, power transmission lines or towers and distribution poles and lines, and essential mechanical appurtenances may be erected to any height not prohibited by other laws or ordinances.

(Ord. 2022-17, passed 7-19-2022)

§ 154.094 LOT STANDARDS.

(A) Lots must meet the area and width requirements for the lot's zoning district.

(B) All Lots must abut on a street, private street, or alley and must have a minimum lot frontage as set forth by the zoning district.

(C) Encroachment in right-of-way. Buildings, structures, vehicle maneuvering areas or off-street parking and loading facilities, except driveways, are not permitted to encroach on public rights-of-way or private street easements.

(Ord. 2022-17, passed 7-19-2022)

§ 154.095 PERFORMANCE STANDARDS.

The following performance standards apply to uses in all zoning districts.

(A) Obnoxious characteristics. No use can exhibit obnoxious characteristics to the extent that is constitutes a public nuisance.

(B) Fire protection. Firefighting equipment and prevention measures acceptable to the Fire Department and any federal, state, county, and/or local authorities that may have jurisdiction must be readily available and apparent when an activity involving the handling or storage of flammable or explosive materials is conducted.

(C) Electrical disturbance. No use can cause electrical disturbance adversely affecting radio, television, or other equipment in the vicinity.

(D) Noise. No use can produce noise in such a manner as to be objectionable because of volume, frequency, intermittence, beat, shrillness, or vibration. Noises must be muffled or otherwise controlled to not become detrimental.

(E) Vibration. No use can cause vibrations or concussions detectable beyond the lot lines without the aid of instruments.

(F) Odor. No use can emit across the lot lines malodorous gas or obnoxious odor in such a quantity as to be detectable at any point along a lot line.

(G) Air pollution. No use can discharge across a lot line fly ash, dust, smoke, vapors, noxious, toxic, or corrosive matter, or other air pollutants in such a concentration as to be detrimental to health, animals, vegetation, or property, or conflict with public air quality standards.

(H) Heat and glare. No use can produce heat or glare in a manner to be a nuisance or create a hazard perceptible from any point beyond a lot line.

(I) Water and solid waste pollution. No use can produce erosion or pollutants in such quantity as to be detrimental to adjacent properties or conflict with public water quality standards.

(J) No approval of a use under this chapter includes the authority to discharge liquid or solid wastes into public waters except as permitted under Indiana State statute. Plans and specifications for proposed sewage and other waste treatment and disposal facilities must be approved by the authorities with rightful jurisdiction.

(K) No use can accumulate within the lot or discharge beyond the lot lines any waste matter, whether liquid or solid, in conflict with applicable public health, safety, and welfare standards and regulations.

(L) The performance standards above do not apply to: (1) site construction, maintenance, repair, or alterations of buildings or other improvements on or within the lot per § 90.16(H); (2) the operation of motor vehicles; and (3) safety or emergency warning signals or alarms.

(M) Any industrial use must conform to any applicable state and federal government regulations. All relevant federal and state permits or approvals are required prior to issuance of an improvement location permit.

(Ord. 2022-17, passed 7-19-2022)

§ 154.096 PROPERTY MAINTENANCE STANDARDS.

This chapter applies to all zoning districts.

(A) (1) All land and exterior areas under roof but not enclosed must be maintained free from:

(a) Accumulation of garbage, debris, or blight, including graffiti, tires, broken glass, or anything posing a hazard to public health;

(b) Tarps, plastic sheeting, or similar materials used as screening, fencing, or wall covering;

(c) Abandoned vehicles or inoperable vehicle parts, visible from a right-of-way, except a single inoperable vehicle undergoing minor repair work, not to exceed 72 hours; or lawful commercial activities involving vehicles as allowed by this chapter;

(d) Appliances, machinery, freezers, refrigerators, or other household items;

(e) Any object or landscaping that interferes with the use of any sidewalk, street, alley, highway, or visibility of a traffic light or sign in the town;

(f) Landscaping visible from public property that is substantially dead, damaged, or characterized by uncontrolled growth;

(g) Anything posing an imminent hazard to public health and safety;

(h) Any wall or fence missing blocks, boards, or other material, or is otherwise deteriorated to constitute a hazard to people or property; and

(i) Graffiti visible from a public area or right-of-way.

(2) These standards exclude: items kept in covered bins or receptacles; a lawfully established junkyard; any neatly stored materials used in the development of property; and items stored or kept in enclosed trailers or vehicles.

(3) These standards do not apply to the orderly storage of materials in side and rear yards provided:

(a) The storage does not exceed 10% of the area of the yard; and

(b) The storage does not exceed the height of any fence or wall enclosing the storage area.

(B) All premises must be kept free from rodent infestation and other noxious pests.

(D) All fences and walls must be safe, structurally sound, and uniform in color, structure, and design. They must not constitute a hazard or be in disrepair. Repair of an existing fence or wall must be made with the same or similar materials.

(E) Occupied buildings must have an adequate number of garbage receptacles maintained in clean condition and good repair. The owner or occupant must arrange for the removal of garbage from the premises.

(F) Vacant lots or land subject to enforcement action for dumping must be secured to prevent future dumping.

(G) Septic tanks, cesspools, and similar conditions must be fully restored to a safe, serviceable condition, or filled with clean fill. Excavations must be maintained in a secure manner to prevent a hazard to public health and safety.

(H) Buildings or structures determined to be unsafe or dangerous as defined in Chapter 156 must be abated in accordance with the provisions of that code.

(I) Abandoned structures and premises must be maintained and monitored including:

(1) Maintenance of the exterior of the building and landscaping with regular removal of all exterior trash, debris, and graffiti; and

(2) Prevention of reoccurring criminal activity on the premises. Unsecured buildings and structures must be secured in the following manner:

(a) Unsecured doorways and windows must be boarded up using five-eighths inch or thicker exterior grade plywood, fastened by tamper-proof screws or one-way bolts;

(b) All boarding must be painted to match the dominant exterior color of the elevation of the structure; and

(c) For commercial buildings, opaque window coverings may be allowed by the Administrator in lieu of boarding provided all windows are maintained and if broken or cracked, are replaced within 48 hours. The Administrator may revoke the use of this alternative when the owner or responsible party fails to maintain the within the specified period.

(3) If, after five business days from when notice provided, the owner fails to comply, the Administrator is authorized to secure the site as specified in this chapter. All costs associated with this work will be recovered from the property owner.

(Ord. 2022-17, passed 7-19-2022)

§ 154.097 EXCAVATIONS OR HOLES.

Unprotected, unbarricaded, open, or dangerous excavations, holes, pits or wells that a hazard to the public health, safety or welfare are prohibited. This does not apply to the following:

(A) Properly protected excavations approved by the town;

(B) Mineral extraction operations; and

(Ord. 2022-17, passed 7-19-2022)

§ 154.098 SETBACK STANDARDS.

These standards apply in all zoning districts.

(A) The measurement of any building setback line or building separation is the shortest distance between the building facade and the lot line or right-of-way line, whichever is closest. Where there is no right-of-way line, the building setback line is measured from the building facade to the edge of pavement or the access easement line, whichever is closest. The front yard setback for mew lots is measured from the lot line abutting the open space to the building facade.

(B) The minimum building setback lines and minimum building separation requirements are as set forth in this chapter (see also §§ 154.030 to 154.042).

(C) Minimum lot access. The number of driveways/drive cuts/entrances shall be limited to one per lot subject to INDOT standards.

(D) If a minimum building separation requirement is not provided, the minimum building separation requirement is the district's minimum side yard building setback.

(E) Where two or more lots entirely or partially within 200 feet of a subject lot, on the same side of the street and on the same block, are occupied by principal buildings whose existing front setback is less than required by the zoning district, the average of the established setbacks for those buildings shall be the minimum required front setback for the subject lot.

(F) Building setback lines established in a recorded subdivision establish the setback of buildings in such subdivisions, except when such building setback lines may be less restrictive than provided in this chapter.

(G) On through lots, the front yard is established by the existing principal buildings in the block.

(H) Projections into required setbacks. Certain structures and architectural features may project into the required yard setbacks as follows:

(1) Arbors, trellises, pergolas, awnings, and canopies attached to the principal building may encroach up to: five feet into the front setback, three feet into a side setback, and ten feet into a rear setback.

(2) Unroofed and unenclosed balconies, decks, and patios may encroach up to ten feet into the rear setback.

(3) Bay windows and chimneys may encroach up to three feet into any setback.

(4) Steps to a main floor entry may encroach up to five feet into a front setback and up to three feet into a street side setback.

(5) Septic systems may encroach into any yard, but a minimum clearance of ten feet is required from all property lines.

(I) All improvements are subject to § 154.099, unless specifically exempted.

(Ord. 2022-17, passed 7-19-2022)

§ 154.099 VISION CLEARANCE STANDARDS.

No building, structure, or improvement can be placed to interfere with a vision clearance area located between 2% feet and nine feet above the crown of a street, driveway, or alley. A vision clearance area is formed by the intersecting centerlines of each right-of-way and the line connecting the two end points of each extended centerline. The distance along the right-of-way centerlines is as follows:

Vision Clearance
Street Classification	Distance Along ROW Centerline
Arterial	100 ft.
Collector	80 ft.
Local	50 ft.
Alley	40 ft.
Driveway	35 ft.

(Ord. 2022-17, passed 7-19-2022)

§ 154.100 YARD STANDARDS.

(A) Buildings must not be erected, reconstructed, or structurally altered to encroach upon or reduce the yards, lot area, minimum living area, or lot coverage provisions established for the use and the zoning district or overlay district in which such building is located.

(B) One-half of an alley abutting the rear or side yard may be included in the required rear or side yard of a lot, respectively, if the alley has not been developed for carrying traffic; however, such alley area must not be included for loading berths.

(C) The yard width and depth of required yards are measured as the shortest horizontal distance from a lot line to the required building setback line. In the case of a standard applying to an established yard, the yard width and depth are measured as the shortest horizontal distance (e.g., 90 degrees) from a lot line to the nearest outside wall of a building or structure.

(D) All required yards must be maintained as open space and landscaped with grass, trees, shrubs, or in combination with other suitable groundcover materials in compliance with § 154.110, except as otherwise improved in accordance with this chapter (e.g., parking areas).