Beverly Shores City Zoning Code

RESIDENTIAL DISTRICT

REGULATIONS

§ 155.080 PURPOSE; PERMITTED USES.

(A) Statement of purpose.

(1) The Residential District is established as the district in which the principal use of land is for single-family dwellings.

(2) For the Residential District in promoting the general purpose of this chapter, the specific intent of this subchapter is:

(a) To encourage the construction of, and the continued use of the land for single-family dwellings;

(b) To prohibit business, commercial or industrial use of the land, and to prohibit any other use which would be incompatible with continued development of single-family dwellings in the district;

(c) To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this chapter;

(d) To discourage any land use which would generate traffic on minor or local streets, other than normal traffic to serve the residences on those streets; and

(e) To discourage any use, which because of its unusual character and size would create requirements and costs for public service such as fire and police protection, snow removal and garbage collection, substantially in excess of those requirements and cost if the district were developed solely for single-family dwellings.

(3) No building or structure or premises shall be constructed, located, erected, installed, altered, assembled or used in the Residential District, in whole or in part, for any use authorized in the district except in accordance with the regulations herein contained, as well as those required by the Town of Beverly Shores Building Code.

(B) Permitted uses. The following uses shall be permitted in the Residential District:

(1) One-family dwellings;

(2) Accessory uses as provided in § 155.086;

(3) Home occupation as provided in § 155.087 ;

(4) Parks and recreational areas owned or operated by governmental agencies;

(5) Rental of a single-family dwelling to a single family if, and only if, the following conditions are met:

(a) The rental period is for a minimum of 30 consecutive days or more and must be evidenced by a written lease which, among other things, must contain the name and date of birth of everyone who will be living in the house pursuant to the lease and detailed and accurate instructions to the tenant regarding the requirements of this chapter and the town=s parking and refuse container rules and restrictions; and

(b) The rental is to a single family, further limited to 2 persons per bedroom and no more than 8 total persons in any single rental, referred to herein as "tenant;" and

(d) No person or entity, other than the tenant, uses or occupies the single-family dwelling or any other building or any part of the real estate containing the single-family dwelling during the rental period;

(e) No sublease or any other rental of any kind of the single-family dwelling or any other building that is part of the real estate containing the single-family dwelling is permitted during the rental period;

(f) The owner of the single-family dwelling registers each rental in the Clerk-Treasurer's office on a form approved by the town and pays a registration fee of $25. The registration shall be required for each rental. The registration for each rental shall include, at a minimum: the contact information for the owners including the names, addresses and telephone numbers, both home and cell, and emergency contact information; the address of the rental property; the names and permanent addresses of all persons who will occupy the rental property during the rental period and their contact information, including telephone numbers, both rental number and cell, and emergency contact information; the brands, models, and license plate information for all vehicles of the tenant which will be parked at the rental property during the rental period; and the beginning and ending dates of the rental period. A copy of the written lease must also be provided to the Clerk-Treasurer.

(Ord. 208, passed 12-19-1983; Am. Ord. 2012-14, passed 12-17-12)

§ 155.081 SPECIAL EXCEPTIONS AS PERMITTED USES.

The following uses may be permitted by the Board of Zoning Appeals if the proposed use will constitute a desirable and stable development which will be in harmony with developments in adjacent areas and will not cause congestion on public streets nor will be contrary to the spirit and purpose of this chapter:

(A) Renewable energy equipment accessory to residential use; and

(B) Dish tower antennas accessory to residential use.

(Ord. 208, passed 12-19-1983)

§ 155.082 BULK REGULATIONS.

No building or structure or premises shall be constructed, located, erected, installed, altered, assembled or used in the Residential District, in whole or in part, for any use authorized in the district except in accordance with the regulations contained in this chapter; in accordance with the bulk regulations herein contained as well as those requirements of the Town of Beverly Shores Building Code:

(A) Maximum height of a building shall be 35 feet (see definitions for "height of building" in § 155.003);

(B) A minimum building parcel width of 100 feet, measured at the lot line bordering an improved street and at the required minimum setback as provided in division (E) below;

(C) (1) A minimum zoning parcel size of 20,000 square feet is required. All parcels less than 43,560 square feet shall have at least 15,000 square feet of moderately well drained or better drained soil, as determined and certified by a soil scientist licensed by the State of Indiana. (see § 155.008(A)).

(2) Regardless of the overall parcel size, only the number of square feet with moderately well drained or better drained soil shall be applied to the formula in division (D) below in determining the maximum house size.

(3) It shall be the responsibility of the applicant to provide evidence of soil suitability and area to the Building Commissioner and the Building and Site Committee as determined by a soil scientist licensed by the State of Indiana;

(D) The aggregate size of structures on a residential, single-family zoning lot may reach a maximum floor area (see definitions of floor area in § 155.003) determined by the following formulas:

(1) For structures on zoning lots 20,000 square feet or larger:

Maximum floor area = 1,750 square feet + (.0775 x square feet on zoning lot with moderately well drained or better drained soil)

(2) For structures on zoning lots less than 20,000 square feet:

Maximum floor area = 16.5% percent of the area of the zoning lot square footage with moderately well drained or better drained soil.

(3) Per division (C) above, the square footage defined as moderately well drained or better shall be determined and certified by a soil scientist licensed by the State of Indiana.

(4) Increases of up to 20% in the maximum floor areas computed above are allowable as follows, in proportion to increases in front yard setback:

A 1% increase in maximum building size is allowed for every 3 feet of additional front yard setback in excess of 15 feet (calculated up to a setback of 75 feet).

(E) A minimum front yard depth of 15 feet;

(F) A minimum rear yard depth of 25 feet for a single-family dwelling and 30 feet for an existing 2-family dwelling;

(G) A minimum side yard width of 15 feet for each side yard for a single-family dwelling and 20 feet for an existing 2-family dwelling;

(H) A single-family dwelling shall have a minimum living area of 1,350 square feet and an existing 2-family dwelling shall have a minimum living area of 2,000 square feet;

(I) Divisions (E), (F) and (G) above shall apply to accessory structures and uses;

(J) (1) Window sills, belt courses and ornamental features may extend a maximum of 8 inches into established and required setbacks as provided in divisions (E), (F) and (G) above.

(2) Eaves, overhangs and covered sidewalks shall not extend more than 4 feet into the required setbacks as provided in divisions (E), (F) and (G) above.

(3) An open, unenclosed porch or paved patio may project into the required setbacks for a distance not exceeding 4 feet.

(4) A driveway may be located in 1 of either the front setback or rear setback, or on a corner lot in the side setback abutting the street, as applicable, and may otherwise extend not more than 4 feet into one side setback, or on a corner lot not more than 4 feet into one of the adjoining setbacks (other requirements for driveways can be found in § 155.138, and additional limitations apply if the construction of or location of the driveway would affect a steep slope as provided in §§ 155.140 through 155.145); and

(K) The minimum width of a principal building shall be 24 feet.

(L) Lot coverage: maximum of 30% (see definition for lot coverage in § 155.003).

(Ord. 208, passed 12-19-1983; Am. Ord. 07-08, passed 9-10-2007; Am. Ord. 09-04, passed 4-20-2009; Am. Ord. 10-03, passed 6-21-2010; Am. Ord. 2016-11, passed 12-19-2016; Am. Ord. 2021-09, passed 7-20-2021; Am. Ord. 2022-07, passed 8-16-2022) Penalty, see § 155.999

§ 155.083 STANDARDS.

(A) No residential or other use shall be established or built on a zoning parcel which has less area or does not comply with the requirements set forth in this chapter.

(B) No conversion of an existing structure, residence or building shall be permitted which violates this chapter.

(D) Outdoor storage of articles such as unlicensed cars and used furniture shall not be permitted in the Residential District.

(E) (1) All private wells for a single-family dwelling shall be located at least 25 feet from any property line other than a property line abutting a road right-of-way and for an existing 2-family dwelling at least 40 feet from the property line other than a property line abutting a road right-of-way.

(2) All private wells shall be located at least 75 feet from any septic system. It shall be the responsibility of the well driller to obtain all necessary permits and pay all fees required by the Porter County Board of Health for the repair, replacement and installation of wells.

(F) All individual sewage disposal systems and water wells shall be located and installed in accordance with the State of Indiana and Porter County Board of Health regulations.

(G) (1) No building permit shall be issued for construction of a new dwelling on a zoning parcel bordering a platted but unopened street unless the applicant improves the street, in accordance with the street construction standards established by the Town of Beverly Shores, along the entire frontage of the improved zoning parcel and the entire length of the platted but unopened street to the nearest gravel or asphalt paved street.

(2) No building permit shall be issued for construction of a new dwelling on a zoning parcel bordering an open street currently in use, but not asphalt paved, unless the applicant improves the street along the entire frontage of the improved zoning parcel in accordance with street construction standards established by the Town of Beverly Shores.

(H) No provision of this chapter shall be construed as being in conflict with the building rules adopted by the Administrative Building Code of Indiana.

(I) All utilities installed in connection with any improvements for which a building permit is required under this chapter shall be installed underground.

(Ord. 208, passed 12-19-1983; Am. Ord. 09-04, passed 4-20-2009; Am. Ord. 2014-04, passed - -) Penalty, see § 155.999

§ 155.084 PARKING REGULATIONS.

(A) For the convenience of those who seek to use the facilities of Beverly Shores, it is essential that adequate parking facilities be available.

(B) To prevent traffic congestion, it is important that parking facilities be located in a manner so that they cause the least possible impact on the orderly flow of traffic.

(1) Required off-street parking.

(a) All required parking space for residential uses shall be located on the same building parcel as the building or use served.

(b) All required parking spaces for other uses permitted in the Residential District shall be located on the same building parcel as the principal building served or within 300 feet of the nearest point of the principal structure; provided however that no off-street parking for use in the General Commercial District shall be located in the Residential District.

(2) Standards for off-street parking.

(a) A required off-street parking space shall be at least 8 feet in width and 19 feet in length exclusive of access drives or aisles. Vertical clearance for a garage shall be a minimum of 6 feet, 7 inches.

(b) Each required off-street parking space shall open directly upon an aisle or driveway of a width and design as to provide safe and efficient means of vehicular access to a parking space.

1. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements.

2. A driveway permit is required for all off-street parking facilities.

3. The Building Commissioner shall not issue a permit until all regulations promulgated for a permit have been met.

(c) All open off-street parking areas shall be impressed with compacted macadam base, not less than 4 inches thick, surfaced with asphaltic concrete or some comparable dustless material.

(d) All open off-street parking shall be provided with adequate drainage facilities.

(e) Any lighting used to illuminate off-street parking areas shall be directed, screened or reflected away from other residential properties or other properties in a way so as not to create a nuisance.

(f) The parking facilities required in division (C)(1) above shall be made available as soon after the time they become required as weather conditions will reasonably permit, but in no case more than 9 months after the date of the certificate of occupancy.

1. In the event that occupancy is obtained prior to completion of the parking facilities, a bond or a cash escrow shall be deposited with the Clerk-Treasurer sufficient to guarantee completion of the work.

2. The Building Commissioner shall determine the amount of the bond or cash escrow.

(Ord. 208, passed 12-19-1983)

§ 155.085 OFF-STREET LOADING.

Off-street loading berths deemed necessary by the Building Commissioner for existing structures of 15,000 square feet or more in the Residential District shall be provided in accordance with the following regulations.

(A) Location.

(1) All loading berths shall be located on the same zoning parcel as the use served. No loading berths for vehicles shall be closer than 75 feet to any property line in the Residential District.

(2) No permitted loading berth shall be located within 50 feet of the nearest point of intersection of any 2 streets or public ways.

(B) Setbacks. No loading berth shall be located in a required side yard or required rear yard.

(C) Size. A required loading berth shall be at least 10 feet in width and at least 25 feet in length exclusive of aisle or maneuvering space, and shall have a clearance of at least 14 feet.

(D) Area. Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements and shall be subject to the approval of the Building Committee and the Administrative Building Council.

(E) Surfacing. All open off-street loading berths shall be improved with a compacted macadam base not less than 7 inches thick, surfaced with not less than 2 inches of asphaltic concrete or some comparable all-weather dustless material.

(F) Amount.

(1) The number of off-street loading facilities required for a permitted use in an existing structure of more than 15,000 square feet shall be determined by the Building Committee depending on the functions or the use.

(2) A minimum of 1 loading berth shall be provided for every 5,000 square feet of structure.

(Ord. 208, passed 12-19-1983)

§ 155.086 ACCESSORY USES AND STRUCTURES.

(A) The following uses and structures are permitted in the Residential District:

(1) A private garage or carport, not to exceed the following capacity:

(a) For a single-family dwelling, 3 cars; and

(b) For a 2-family dwelling, 2 cars per dwelling unit.

(2) A shed or storage building for garden equipment and household items incidental to a permitted use, provided that the floor area of a shed shall not exceed 0.75% of the size of the zoning parcel;

(3) A private swimming pool and bath house fenced and protected against hazards to the public in full compliance with the Indiana Swimming Pool Code 675 I.A.C. 20;

(4) Statuary, arbors, trellises, awnings, canopies, barbecue equipment, air-conditioning equipment, a screen house, flag poles, non-mechanical laundry equipment, open terraces, recreational equipment, walls, hedges, gazebos, hot tubs;

(5) Signs as provided in § 155.088 below;

(6) Off-street parking facilities and off-street loading facilities as provided in §§ 155.084 and 155.085;

(7) Ornamental light standards, outdoor fireplaces, open steps necessary for access to and from a residential dwelling or an accessory structure, steps as access to a zoning parcel from the street and in gardens or terraces, trees, shrubs and flowers;

(8) Outdoor parking of boats and camping trailers no more than 30 feet long provided they are parked no less than 10 feet from the property line;

(9) No manufactured housing shall be permitted as an addition to a principal dwelling;

(10) The following requirements and prohibitions apply to fences:

(a) Fences shall be no taller than six feet in height and shall be permitted in rear and side yards;

(b) Measured on a vertical plane bounded by the top and bottom of the fence material, and the two nearest support posts, and facing the property boundary, there must be as least as much open and unobstructed space within the area of the vertical plane as solid fence material;

(d) A property boundary fence shall be setback to a line that is not within a right-of-way, whether the right-of-way area is paved or unpaved;

(e) When a property slopes downward to a property boundary in a rear or side yard, a fence shall be setback from the side lot line or rear lot line a distance of 15 feet or to the crest of the slope, whichever is less, when the land surface slopes downward towards the property boundary at a horizontal to vertical ratio of 1:3 or steeper;

(f) A gate wider than four feet on a property boundary fence shall be setback at least ten feet from a right-of-way, whether the right-of-way area is paved or unpaved; and

(g) The design of a fence structure may be prohibited or restricted in accordance with the site plan approval requirements of § 155.042(B)(5).

(11) UHF and VHF antennas not to exceed 10 feet in height above the roof and black or naturally colored mesh satellite dishes at heights not to exceed 10 feet above the roof provided, however, no antenna may be installed in the front yard unless an expert selected by the town and paid for by the applicant determines that the applicant cannot receive the signal from any other location on the applicant’s property. Any towers constructed for antenna purposes will have a setback from any lot line equal to the height of the tower and the tower and the appurtenances thereto may not be taller than 10 feet above the roof of the principal structure unless a variance is approved; and

(12) Retaining walls not taller than 4 feet, garbage enclosures, stairs and railings shall be permitted in the front, side and rear yards. A retaining wall may not be constructed using railroad ties.

(13) No accessory structure shall exceed 16 feet in height, except that garages may not exceed 24 feet in height. Accessory structures will not include tree houses for play purposes.

(B) All accessory uses and structures shall comply with the bulk regulations of the Residential District, provided, however, that retaining walls not taller than 4 feet, garbage enclosures, stairs, railings shall be permitted in the front, rear and side yards and fences shall be permitted in rear and side yards.

(C) All accessory uses shall comply with all standards applicable to the Residential District. No accessory use shall be established or erected prior to the establishment or erection of the principal use or structure to which it is accessory. No existing accessory use may be expanded or extended except in compliance with all the regulations of this chapter.

(Ord. 208, passed 12-19-1983; Ord. 06-02, passed 7-17-2006; Am. Ord. 2014-04, passed - -; Am. Ord. 2016-11, passed 12-19-2016; Am. Ord. 2021-09, passed 7-20-2021) Penalty, see § 155.999

§ 155.087 HOME OCCUPATIONS.

Permitted home occupations in the Residential District shall be any business or occupation located within a single-family detached dwelling or a 2-family dwelling and carried on by a member of the immediate family residing within the dwelling in connection with the following.

(A) The home occupation is incidental and secondary to the use of the dwelling for dwelling purposes and does not occupy more than 25% of the floor area of the dwelling.

(B) There are no signs, display or activity that will indicate from exterior that the dwelling is being used, in part for any purpose other than that of a dwelling except for 1 sign, as provided in § 155.088 below.

(C) There are no commodities sold, or services rendered that require receipt and delivery of merchandise, goods or equipment by other than a passenger motor vehicle or a vehicle with a capacity of not more than 3,000 pounds.

(D) There is no person other than 1 additional member of the immediate family residing on the premises employed or otherwise engaged in the home occupation.

(E) All activity, including storage, is conducted completely within the dwelling or garage.

(F) There are no special structural alterations or construction features to the dwelling or garage, nor the installation of special equipment attached to the walls, floors or ceilings.

(G) There is no perceptible noise, odor, smoke, electrical interference or vibration emanating from the dwelling or garage.

(H) There is no activity between the hours of 11:00 p.m. and 7:00 a.m.

(Ord. 208, passed 12-19-1983) Penalty, see § 155.999

§ 155.088 SIGN REGULATIONS.

The following signs shall be permitted in the Residential District subject to the requirements of § 155.139:

(A) Permanent signs. The following permanent signs shall be permitted:

(1) House numbers required by § 153.02 of the Town Code, no permit or fee is required for the display of house numbers;

(2) Accessory signs, provided their area does not exceed 2 square feet per sign and no more than 3 accessory signs shall be allowed per sign zoning parcel, no permit or fee is required for up to 3 accessory signs that are each 2 square feet or less in area; and

(3) A home in which a permitted home occupation occurs may display 1 additional accessory sign, not more than 4 square feet in area, a permit and fee are required for a fourth accessory sign and for an accessory sign that is larger than 2 square feet in area;

(B) Temporary signs. Property owners may display 1 temporary sign, provided the area does not exceed 4 square feet, per sign zoning parcel without a permit or a fee. Property owners may display additional temporary signs or a temporary sign larger than 4 square feet in area, only after submitting a sign permit application and paying the applicable fee to the Clerk-Treasurer. Temporary banners shall also be permitted, subject to the same requirements as temporary signs. The area of any temporary sign or temporary banner may not exceed 32 square feet. Temporary signs that are not subject to a permit may be displayed at any time. Temporary signs that are subject to a permit shall not be displayed for more than 60 days, unless renewed or unless the owner has paid for a 120 day permit, in which case the sign shall not be displayed for more than 120 days;

(C) Election period. During the period 60 days before and 7 days following a general, primary, or special election for public office that represents the area of Beverly Shores, there shall be no limit on the number or size of temporary signs, up to 32 square feet in area. No permit or permit fee is required for any temporary sign placed during this period. However, this exception does not allow temporary signs that are larger than 32 square feet in area, and this exception does not allow temporary signs to be placed in the right-of-way or in a location that is a traffic-safety hazard. Any temporary sign placed during the election period that would otherwise require a permit must be removed no later than 7 days after the election day if the owner does not obtain a permit;

(D) No sign shall be permitted in the public right-of-way. No sign shall be placed in a location that is a traffic-safety hazard, as determined in the sole discretion of the Town Marshal or other authorized Town Police Officer. In the event the location of a sign is determined to be a traffic-safety hazard, the owner will be required to move the sign to a location that is not a traffic-safety hazard;

(E) No billboards, illuminated signs, or animated signs shall be permitted;

(F) Signs shall not be attached to any tree or shrub;

(G) No roof signs shall be permitted; and

(H) A violation of this section shall be subject to the general penalty provisions of § 155.999 .

(Ord. 208, passed 12-19-1983; Am. Ord. 2018-06, passed 8-21-2018) Penalty, see § 155.999

§ 155.089 TEMPORARY USES.

The following temporary uses shall be permitted in the Residential District:

(A) Contractor's office and equipment shed (containing no sleeping or cooking accommodations) accessory to a construction project and to continue only during the duration of the project;

(B) Real estate office containing no sleeping or cooking accommodations (unless located in a model dwelling unit) incidental to a new housing development, provided that it be terminated upon disposal of substantially all of the dwelling units in the development; and

(C) (1) A carnival or circus when operated or sponsored by a local nonprofit organization, only if located on church, or park property and which is continued for a period not to exceed 1 week.

(2) The use shall comply with the minimum setback for the Residential District.

(Ord. 208, passed 12-19-1983) Penalty, see § 155.999

§ 155.090 OFFICIAL SCHEDULE OF USES.

Permitted, Conditional and Special Uses in Residential District
Use	Permitted Use	Special Use	Conditional Use
Residential Use
Single-family detached dwelling	P
Non-residential Use
Home occupations in a single- and 2-family detached dwelling	P
Parking, off-street private as an accessory use	P
Parks and recreational areas owned or operated by governmental agencies	P
Music recording studio and sales			C
Physical fitness class			C
Art gallery and sales			C
Presentation in an auditorium facility			C
Renewable energy equipment accessory to residential use		S
Accessory uses to the above uses including but not limited to:
Off-street parking and loading	P
Signs regulated in § 155.088 above and as follows:	P
(1) Accessory signs	P
(2) Business or signs in conjunction with a home occupation	P
(3) For sales or rent signs	P