Ellettsville City Zoning Code
SITE REGULATIONS
§ 152.180 YARD AND OPEN SPACE REQUIREMENTS.
(A) No land or lot area shall be so reduced or diminished such that the yards or open spaces shall be smaller than as prescribed herein, nor shall the net lot area per family or other specified use be reduced in any manner, except in conformity with the area regulations hereby established for the district in which the use lies, unless approved by action of a Plan Commission or Board of Zoning Appeals.
(B) No yard, parking area or open space provided for any building for the purpose of complying with these regulations shall be considered as providing yard, parking or open space for any other building.
(Ord. 03-05, § 814-05, passed 5-27-2003)
§ 152.181 EASEMENTS.
No structure or building, whether temporary or permanent, may be placed in an easement. Fences may be exempt from this section provided that they are in compliance with § 152.053(B)(5).
(Ord. 03-05, § 814-10, passed 5-27-2003; Am. Ord. 2019-10, passed 4-8-2019)
§ 152.182 PROOF OF OWNERSHIP OF PROPERTY.
It shall be the responsibility of the person who proposes work on or to property to demonstrate that the property is owned by or under the control of the person proposing the work and the demonstration of ownership or control shall be required whether or not any permit is necessary for the proposed work. The Director of Planning Services may require at the expense of the person proposing the work that a physical survey be conducted, and that evidence in the form of deeds and/or other documents demonstrating ownership and/or control of property be produced, whenever ownership or control is indeterminate or in dispute. No work on or to property owned by, under the control of or subject to the approval of another person shall be started unless by the written permission of said other person and, as required, by the approval of the Plan Commission.
(Ord. 03-05, § 814-15, passed 5-27-2003)
§ 152.183 SITE IMPROVEMENT PERMIT.
A local site improvement permit for any improvement on or to land within the jurisdiction of the town shall be issued only if the land and the improvement conforms to the requirements of this section and applicable building codes.
(A) Activities requiring permits.
(1) Construction, removal, demolition, or placement of any structure which exceeds 99 square feet in area;
(2) Construction, removal, or placement of storage tanks;
(3) Swimming pools, including above ground pools with an average depth of 42 inches or greater;
(4) Additions of any size to existing structures, including decks and porches;
(5) Adding or subtracting dwelling units or leased space in multi-family or commercial structures;
(6) Placement or replacement of manufactured or mobile homes;
(7) Construction of telecommunication towers, buildings, and antennas; and
(8) Any exterior construction that adds to or alters the height of an existing structure.
(B) Activities exempt from site improvement permits.
(1) Fences, walls, and hedges placed outside of the public right-of-way, provided they meet other guidelines in this chapter;
(2) Patios less than 30 inches above the final grade on which they are constructed; and
(3) Cosmetic changes to any structure, including the replacement of windows in existing openings, re-roofing, installation of siding material and painting.
(C) Application requirements.
(1) Site plan. A detailed site plan, drawn to scale with the dimensions indicated showing the following:
(a) The entire property and the features of the property including all rights-of-way, easements, property lines, and setbacks;
(b) All existing and proposed structures or other site improvements with the dimensions of such improvements;
(c) The distances from all proposed improvements to property lines;
(d) The location of any proposed or existing septic field (if applicable);
(e) The location of any existing or proposed driveway and/or parking areas;
(f) Any natural, physical or hazardous conditions existing on the lot, including karst areas, floodplains, and other conditions;
(g) The location, type, and dimensions of any stormwater structures, conduits, or detention/retention ponds that cross or adjoin the property; and
(h) General grades on-site sufficient to determine positive drainage.
(2) Use description. A detailed description of the existing or proposed uses of the property.
(3) Dwelling units/tenant spaces. A statement on the number of dwelling units or tenant spaces the building is designed to accommodate.
(4) Driveway permit application. A driveway permit is required for any building permit involving the installation or expansion of a driveway.
(5) Building permit application. A building permit consistent with the requirements of the Ellettsville Building Code and the procedures of the Building Department. The site improvement permit may also serve as the building permit consistent with the policies of the Building Department.
(6) Proof of ownership. No permit shall be issued unless accompanied by a deed showing the applicant as the owner or written permission from the property owner allowing the work covered under the permit to be completed.
(D) Action on permit applications. Permit applications will be reviewed within 15 business days of receipt of all required materials. During this period, sufficiency of the application will be determined and the applicant will be notified prior to the end of the review period. If it is determined additional or revised information is required, applicants will have 45 days to submit all required materials. An additional 15 business days will be permitted to review any resubmitted materials, after which the application will either be approved or denied. Permit fees are required to be paid upon the issuance of the permit.
(E) Expiration of permits. All permits shall expire one year from the original issue date. Any permittee holding an unexpired permit may apply for an extension of time when the permittee is unable to commence or finish work within the time required for good and satisfactory reasons. The permit may be extended up to one additional year for good cause.
(Ord. 03-05, § 814-20, passed 5-27-2003; Am. Ord. 2020-06, passed 2-24-2020)
§ 152.184 VISIBILITY AT INTERSECTIONS.
At the intersection of any street, alley, driveway or railroad with any other street, alley, driveway or railroad, no improvements shall be installed or constructed nor may anything be planted at a height between two and one-half feet and nine feet above the crown of the adjacent streets, alleys, driveways or the top of the rails, in the sight distance triangle. In determining whether or not an improvement or plant is blocking the visibility of pedestrians or operators of vehicles at the intersection, the determination of the Director of Planning Services shall be final.
(Ord. 03-05, § 814-25, passed 5-27-2003; Am. Ord. 2019-04, passed 2-25-2019)
§ 152.185 WASTEWATER DISPOSAL SYSTEM.
Any and all structures on a lot requiring connection to a wastewater disposal system shall be connected to a public wastewater collection and treatment system where the system is located within the distance from a property line of the lot as specified under I.C. 36-9-23-30.
(Ord. 03-05, § 814-30, passed 5-27-2003)
§ 152.186 ZONING DISTRICT BOUNDARIES.
The following regulations apply to situations where zoning district boundaries may permit potentially conflicting uses of land on a lot:
(A) Where the boundary lines of a zoning district divide a lot having frontage on a street in a less-restricted zone, the provisions of this chapter covering the less-restricted portion of the lot may extend into the lot, but in no case more than 30 feet.
(B) Where the boundary lines of a zoning district divide a lot having frontage on a street in a more-restrictive zone, the provisions of this chapter covering the more-restricted portion of the lot may extend to the entire lot.
(C) Where the street layout actually on the ground varies from the layout as shown on the zoning districts map, the Director of Planning Services shall interpret such map according to the reasonable intent of this chapter.
(Ord. 03-05, § 814-35, passed 5-27-2003)
§ 152.187 USE OF OPEN SPACE ON A LOT.
Where a lot is to be occupied for a permitted use without buildings, the site and structure provisions applicable to the lot shall be provided and maintained unless otherwise stipulated in this chapter, except that side and rear yards shall not be required on lots used for garden purposes without buildings or structures nor on lots used for public recreation areas.
(Ord. 03-05, § 814-40, passed 5-27-2003)
§ 152.188 ACCESS ACROSS RESIDENTIAL PROPERTY.
No land which is located in a residential district shall be used for driveway, walkway, or access purposes to any land which is located in a commercial or industrial district, or used for any purpose not permitted for residential land uses.
(Ord. 03-05, § 814-45, passed 5-27-2003)
§ 152.189 LOT AREA AND WIDTH.
(A) Minimum net lot area. Net area for any lot or remnant of a lot shall be not less than as specified below for the zoning district in which the lot is located, for lots served and not served by a public wastewater treatment system:
Per Lot with Public Sewers | |
AG 1&2 | 2 acres |
C 1, 2, 3 | 2,500 square feet (see note A) |
I 1&2 | 5,000 square feet (see note A) |
R-1 | 10,000 square feet (see note B) |
R-2 | 10,000 square feet (see note C, E) |
R-3 | 2,500 square feet (see note D, E) |
Note A: Single-family, two-family and multi- family uses shall comply with the requirements of the R-l, R-2 and R-3 districts, respectively.
Note B: For a development connected to a public wastewater treatment system, the minimum net lot area for the development shall conform to the largest single minimum net lot area for all zoning districts in which the use is permitted in these regulations.
Note C: Two-family and multi-family uses shall comply with the requirements of the R-2 and R-3 districts, respectively. All other uses shall be 20,000 square feet.
Note D: Single-family and multi-family uses shall comply with the requirements of the R-1 and R-3 districts, respectively. All other uses shall be 20,000 square feet.
Note E: Area requirement is per dwelling unit for multi-family use only. Single-family and two-family uses shall comply with the requirements for the R-I and R-2 districts, respectively. All other uses shall be 20,000 square feet.
(B) Minimum lot width.
(1) Width on any lot as measured at any point in a lot shall be not less than as specified below for the zoning district in which the lot is located.
(2) Corner lots shall have the required frontage as specified below along each right-of-way on which the lot abuts.
Each Lot Except a Corner Lot | Each Corner Lot | |
AG 1 & 2 | 150 feet | 150 feet |
C 1, 2, 3 | 50 feet (see Note F) | 75 feet |
I 1 & 2 | 100 feet (see Note F) | 100 feet |
R-1 | 80 feet | 80 feet |
R-2 | 80 feet | 80 feet |
R-3 | 80 feet per building | 80 feet |
Note F: Single-family, two-family and multi- family uses shall comply with the requirements of the R-1, R-2 and R-3 districts respectively.
(Ord. 03-05, § 814-50, passed 5-27-2003)
§ 152.190 MINIMUM YARDS (SETBACKS).
Except for a corner lot or a lot with double frontage, setbacks for yards shall be not less than as specified below for the zoning district in which the lot is located.
(A) Front yard. The following front yards shall be measured from the property line at the right-of-way for the street, or from the right-of-way line, which provides the greater setback:
AG-1 & AG-2, I-1 & I-2, R-1, R-2 & R-3 | 25 feet (see notes I, J, K, L, M, O) |
C 1, 2 | 10 feet |
C 3 | 25 feet |
(B) Side yard.
(1) The following yards shall be measured from the property line:
AG-1 & AG-2, C-1, C-2 & C-3, R-1, R-2 & R-3 | 10 feet on each side (see notes J, K) |
I-1 & I-2 | 40 feet on each side (see notes J, K) |
(2) All side yard setbacks double when the side lot boundary changes zoning districts.
(C) Rear yard.
(1) The following yards shall be measured from the property line:
AG-1 &AG-2, C-1, C-2 & C-3, R-1, R-2 & R-3 | 20 feet (see notes J, K, N, O) |
I | 40 feet (see notes J, K, N, O) |
(2) All rear yard setbacks double when the rear lot boundary changes zoning districts.
Note I: Where a lot does not abut a street right-of-way, the front yard shall be 50 feet between the wall of the structure where the principle entrance is located and the lot line which the structure faces.
Note J:
Corner Lots and Double Frontage. A corner lot shall have one front yard on each street right-of-way. Either of the yards not fronting on a street may be selected as the rear yard, and the other as a side yard, at the owner’s option. Lots with frontage on two or more streets shall maintain a front yard setback from each street. The front yard containing the primary building entrance will be designated as the primary front yard; all other front yards will be designated as secondary front yards.
Note K: Reduced Yards for Dwellings on a Lot of Record. Where a lot of record has insufficient width or length to accommodate the minimum dimensions for a dwelling as specified herein, and provided that the size of the lot was approved by a Plan Commission or created pursuant to a subdivision control ordinance, one or more yards (setbacks) may be reduced as necessary to accommodate the minimum dimensions of width or length herein, but in no event to have a front yard of less than 20 feet, rear yard of less than eight feet, or side yard of less than four feet.
Note L: Setback Averaging - Reduced Front Yard (Setback). A building may have a front yard that is equal to the average front yard for all other buildings in the same block on the same street, but not less than 15 feet in any residential district. Vacant lots shall be computed as having front yards 25 feet in depth.
Note M: Setback Averaging - Increased Front Yard (Setback). Where the average front yard for all other buildings in a block on the same street, and on which at least 50% of the lots have been improved, exceeds the requirements herein for a front setback, the front yard shall equal the average setback of the existing buildings, but shall not be required to exceed 50 feet. Vacant lots shall be computed as having front yards 25 feet in depth.
Note N: Where the rear of the lot abuts a platted alley, the rear yard requirement may be reduced by an amount equal to one-half of the width of right-of-way; provided, however, that no structure may be placed within the alley right-of-way.
Note O: No detached accessory structures of any size may be constructed within the primary front yard.
(Ord. 03-05, § 814-55, passed 5-27-2003; Am. Ord. 2016-13, passed 11-14-2016; Am. Ord. 2019-11, passed 3-25-2019)
§ 152.191 MAXIMUM HEIGHT OF BUILDINGS AND STRUCTURES.
The maximum height of any structure except a sign as measured from the average grade of the land around the structure before any grading or development begins shall be not greater than as specified below for the zoning district in which the lot is located.
AG, C1&2 | 35 feet (see notes P, S, T, U) |
I-1&2 C3 | 45 feet (see notes Q, S, T, U) |
R-1, R-2, R-3 | 35 feet (see notes R, S, T) |
Note P: Single-family, two-family and multi- family uses shall comply with the requirements of the R-1, R-2 and R-3 districts, respectively.
Note Q: Single-family and two-family uses shall comply with the requirements of the R-1 and R-2 districts, respectively.
Note R: In the R-1 district, accessory building height shall not exceed the height of the principal structure on the lot.
Note S: Poles and antenna masts which are accessory to the principal use of the land, or which are required for utility distribution and transmission services shall be permitted to exceed the height restrictions in each district by not more than 15 feet.
Note T: Sign height shall comply with the requirements under the chapter on Signs.
Note U: Silo, granaries, conveyors, smokestacks are exempt in the non residential districts.
(Ord. 03-05, § 814-60, passed 5-27-2003)
§ 152.192 ARCHITECTURAL FEATURES.
Architectural features may extend up to five feet into a required yard or setback, but in no event closer than three feet to a property line or right-of-way line. Architectural features may not be converted to living or storage space.
(Ord. 03-05, § 814-65, passed 5-27-2003)