Ellettsville City Zoning Code

RESIDENTIAL DISTRICTS

§ 152.050 PURPOSE.

(A) The primary purpose of the residential districts is to provide a stable environment for family homes on lots with ample open space for the enjoyment of privacy and family recreation. The preservation of single-family housing stock within the core neighborhoods of the town, preservation of property values, and protection from encroachment by non-residential uses are key requirements.

(Ord. 03-05, § 820-05, passed 5-27-2003)

(B) The regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods, by encouraging primarily residential development with compatible nonresidential development - schools, churches, parks and recreation facilities, day care centers, neighborhood commercial uses and other services at appropriate locations and at an appropriate scale.

(C) In addition, this section is to promote the public health, safety and welfare by requiring a minimum level of maintenance of residential property to protect the livability, appearance and social and economic stability of the town and to protect the public from the health and safety hazards and the impairments of property values that result from the neglect and deterioration of residential property.

(D) Where the requirements under this chapter are in conflict with the requirements of any other statute or law that is in effect within the town’s territorial jurisdiction, the more restrictive requirements shall prevail.

(E) (1) The R-2 district provides the essential qualities of the single-family district with slightly greater density and lower cost of living than is available in the single-family district.

(2) Uses in the R-2 district should be limited to single-family and two-family (duplex) dwellings.

(Ord. 03-05, § 820-10, passed 5-27-2003)

(F) (1) The multi-family district provides affordable medium-to-high density housing in apartments, in areas where access to collector and arterial streets is reasonably close.

(2) Multi-family housing is essential for a growing workforce, young families and senior citizens.

(3) The R-3 district may be in close proximity to heavy commercial and light industrial uses.

(Ord. 03-05, § 820-15, passed 5-27-2003; Am. Ord. 2013-17, passed 2-24-2014)

§ 152.051 PERMITTED USES; DEFINITIONS AND CONDITIONS.

Reference shall be made to §§ 152.001 and 152.295 et seq. for the definitions and special conditions.

(Ord. 03-05, § 820-20, passed 5-27-2003)

§ 152.052 PERMITTED USES.

The following uses are permitted except as restricted or prohibited by this chapter or by Indiana or federal law:

(A) Residential.

(1) All districts: group homes.

(2) R-1 District: single-family dwellings.

(3) R-2 District: single-family and two- family dwellings.

(4) R-3 District: single-family, two-family dwellings and multi-family dwellings.

(B) Commercial and services. Babysitting; bed and breakfast (with not more than four guest rooms, permitted only in the R-2 and R-3 districts); child care home, day care center, home occupations, churches, schools, cultural centers, community centers and conference centers.

(C) Miscellaneous. Accessory buildings for permitted uses (located on the same lot as the principal use); mobile construction office (for the duration of a construction project); parks and playgrounds; ponds and lakes; utility transmission and distribution facilities (excluding sub-stations).

(Ord. 03-05, § 820-25, passed 5-27-2003)

§ 152.053 RESIDENTIAL DISTRICTS FENCING, HEDGES, BERMS AND WALLS.

Purpose. To permit the construction of appropriate fences and walls while preventing the monotonous appearance of uninterrupted walls and fences from dominating the town's streetscapes.

(A) Fences, hedges (serving as fences), and walls are permitted in residential districts in accordance with the limitations provided in this section and with sight distance triangle restrictions.

(1) A variety of landscaping may be added in combination with any of the above fencing options to incorporate seasonal color, plant variety, and berming to break up the visual mass of walls and fences.

(2) Berms shall incorporate the curvilinear characteristic of natural landforms and shall not exceed four feet in height; from grade, and for visual relief, berms shall incorporate a variant of plantings.

(3) The finished side of a fence shall face outward from the property of installation.

(B) Fences, hedges and walls shall be located in accordance with this section.

(1) Fences, hedges, and walls must be located on the lot of ownership and maintained and kept structurally sound so as to not endanger life, property, or become a nuisance.

(2) A fence, hedge, or wall located in rear yards that abut a side property line adjacent to a driveway, alley, or street, shall meet sight distance triangle requirements.

(3) A fence, hedge, or wall located in side yards that abut a side property line or rear property line adjacent to a driveway, alley or street, shall meet sight distance triangle requirements.

(4) Fences adjacent to sidewalks must be placed at least 12 inches from the edge of the sidewalk. Gates adjacent to sidewalks shall open inward to the property.

(5) Fences shall be located at the periphery of any easement. Fences may enter an easement at a 90-degree angle, provided that the section offence entering an easement is gated or otherwise easily removable.

(Ord. 2013-07, passed 2-24-2014; Am. Ord. 2019-08, passed 4-8-2019)

§ 152.054 RESIDENTIAL DISTRICTS FENCING HEIGHT.

(A) Interior lots shall meet the following height regulations as described below and as shown on the following diagrams:

(1) Any fence located in a front yard shall not exceed four feet in height.

(2) Any fence located in a rear or side yard shall not exceed six feet in height.

(B) Corner and double frontage lots shall meet the following height regulations:

(1) Any fence located in the primary front yard may not exceed four feet in height.

(2) Any fence located in a secondary front yard, between the front yard building setback line and the road right-of-way, shall not exceed four feet in height.

(3) Any fence located in a secondary front yard, behind the front yard building setback line, or in any rear or side yard shall not exceed six feet in height.

(Ord. 2013-07, passed 2-24-2014; Am. Ord. 2019-09, passed 3-25-2019)

§ 152.055 RESIDENTIAL DISTRICTS PROHIBITED FENCING.

Fencing may consist of site obscuring materials such as masonry, wood, glass, metal, fabric and plastic. However, none of these materials shall be utilized in a fashion as to cause bodily harm and injury to the general public or deemed as a public nuisance.

(Ord. 2013-17, passed 2-24-2014)

§ 152.056 RESIDENTIAL DISTRICTS LAWN AND YARD MAINTENANCE.

(A) The abutting property owners shall maintain the area between the curb and sidewalk and right-of-way area between their property line and the street pavement. Such areas shall be kept in good condition and free from debris. Turf grass and weeds shall be maintained at a height not to exceed nine inches. The only exception to the maintenance provisions shall be the determination of the Director of Planning or Street Commissioner that the physical characteristics of the right-of-way make said maintenance hazardous for the property owner.

(B) Plants which have thorns, spines or prickles shall not be planted within four feet of the public sidewalk or in the town’s right-of-way.

(C) Plants and vegetation shall not be maintained in any way that prohibits the free use of public property or impedes pedestrian traffic.

(Ord. 2013-17, passed 2-24-2014; Am. Ord. 2017-24, passed 12-27-2017)

§ 152.057 GARAGE SALES.

(A) Duration and frequency limitations. No person, firm, or corporation and no group or groups of persons shall organize, operate or maintain a garage sale in any residential area or on any premises primarily used for residential purposes for any period or term exceeding three days. No person, firm, corporation, group or groups of persons may thus organize, operate or maintain a garage sale more than three times during any calendar year. All items offered for sale must be removed from public display within eight hours of the conclusion of the sale.

(B) Penalty. Any person, firm, corporation or group or groups of persons who shall violate any of the provisions of this chapter or shall fail to comply therewith with any of the requirements thereof shall be charged with a class D ordinance violation and fined the sum of $25. Each day that the violation or non-compliance shall be permitted to exist shall constitute a separate offense for which a separate fine shall be assessed. The Ellettsville Planning Director or designee is the designated code enforcement officer for this section.

(C) Signs. No person, firm or corporation or group(s) of persons shall post signs for the garage sale in violation of § 152.260 of the Ellettsville Town Code. A violation of § 152.260 constitutes a separate and additional offense from a violation of this section, and a separate fine may be imposed.

(Ord. 2015-01, passed 2-23-2015; Am. Ord. 2019-01, passed 2-25-2019)

§ 152.061 PERMITTED USES BY SPECIAL EXCEPTION.

The following uses require the granting of a special exception by the Board of Zoning Appeals: home occupations not allowed by right, accessory dwelling units, bed and breakfasts, antique shops, art galleries, recreational complexes on five acres or more with sufficient evergreen and tree buffers and neighborhood serving stores of less than 3,000 square feet.

(Ord. 03-05, § 820-30, passed 5-27-2003; Am. Ord. 2013-17, passed 2-24-2014; Am. Ord. 2020-27, passed 11-23-2020)

§ 152.062 PROHIBITED PARKING RESIDENTIAL DISTRICTS.

Motor vehicles, recreational vehicles, boats, and trailers are permitted to be stored on private property in accordance with the following provisions:

(A) Abandoned vehicles shall not be permitted to be stored on private property in a visible location for more than 60 days. A vehicle covered by a tarpaulin or other plastic, vinyl, rubber, cloth, or textile covering is considered to be visible;

(B) Recreational vehicles parked on private property shall not be used as a dwelling;

(C) Motor vehicles, recreational vehicles, boats, and trailers shall be parked on an approved hard surface, and shall not block visibility or obstruct the sidewalk or public right-of-way. Gravel and similar type parking areas shall be adequately framed, bordered, or otherwise constrained to maintain the integrity of the parking area and prevent erosion;

(D) Motor vehicles, recreational vehicles, boats, and trailers not operated on a routine basis shall be securely blocked and restrained from moving, toppling or falling;

(E) No motor vehicle, recreational vehicle, boats or trailer shall cause visible rutting on lawns in the moving to and from or in a manner as to create soil erosion or a fire or safety hazard; and

(F) Motor vehicles not operated on a routine basis, recreational vehicles, boats, and trailers shall not be parked or stored on any public street or public right-of-way.

(Ord. 2013-17, passed 2-24-2014; Am. Ord. 2018-04, passed 3-26-2018)

§ 152.064 BUSINESS OPERATIONS AND AUTO REPAIR IN RESIDENTIAL AREAS.

Purpose. Residents and homeowners deserve to live in tranquil surroundings. Residential neighborhoods are places where people live - not work. Commercial or industrial activities, such as auto repair, storage of business materials or equipment, and dispatching trucks or employees may not take place at your home.

(A) Conducting an auto repair business in a residential zone is prohibited.

(B) Auto repairs shall be permitted in single-family and two-family residential developments if the vehicle(s) under repair are owned by the current owner or resident of the property.

(C) Outdoor storage of, but not limited to, auto parts, rimless tires, oil, grease, other petroleum products, hazardous materials, volatile chemicals, or waste (solid, liquid, or gaseous) that is determined to constitute a fire or environmental hazard, or to be detrimental to human life, health, or safety is prohibited.

(Ord. 2013-17, passed 2-24-2014)

§ 152.065 TRASH, DUMPSTERS AND OUTDOOR STORAGE.

Purpose. The purpose of this section is to protect the health, safety and welfare of the residents of Ellettsville and to adopt an administrative procedure for the abatement of public nuisances.

(A) No outdoor storage of discarded, broken or disabled items, including, but not limited to, household fixtures, furniture, appliances, toys, vehicle parts, building materials, tools, machinery parts or other items that are not in functioning condition; unless properly stored and secured within a storage shed or garage;

(B) The placement and use of dumpsters, roll-offs, portable storage containers, or similar containers or structures that are designed for the disposal of trash or the storage of household items and have a capacity of one cubic yard or more shall be prohibited for any length of time exceeding 60 days unless the placement and use of such containers or structures is incident to an active building permit properly issued by Monroe County Building Department and/or approved by the Director of Planning.

(Ord. 2013-17, passed 2-24-2014)

§ 152.067 ACCESSORY STRUCTURES.

(A) No accessory building or structure may be erected on a vacant lot, unless the owner of the vacant lot owns a home on a lot adjoining the vacant lot;

(B) Accessory buildings and structures shall be placed in the rear and/or side yards;

(D) Building permits are required for any accessory structures over 99 square feet in gross floor area;

(E) If the accessory building will be used for automobile storage, a gravel, concrete, asphalt or paver brick driveway must be provided to the new building from the existing driveway, with a current issued driveway expansion permit on file in the Department of Planning;

(F) No accessory structure shall exceed the height of the primary structure;

(G) Accessory structures shall have a minimum setback of five feet for rear and/or side yards.

(Ord. 2013-17, passed 2-24-2014; Am. Ord. 2016-13, passed 11-14-2016; Am. Ord. 2020-02, passed 2-24-2020)

§ 152.068 BLIGHT AND PUBLIC NUISANCE.

Purpose. The parking, storing or maintaining of any one or more of the following items in the front, side or rear yard areas of any property zoned or used for residential uses constitutes property blight:

(A) Any airplane or other aircraft, or any parts thereof;

(B) Any motor vehicle that has been wrecked, dismantled or disassembled, or any part thereof;

(C) Any household appliances or items, but not limited to, indoor furniture, construction debris in an area visible from a street or public right-of-way or in an area accessible to the public or any part of any of the listed items for 72 consecutive hours in an area visible from a street or public right-of-way or in an area accessible to the public. This section does not prohibit the storing or maintaining of: (i) furniture designed and used for outdoor activities; or (ii) any item stored or kept within an enclosed storage structure or unit in compliance with the Town of Ellettsville Municipal Code;

(Ord. 2013-17, passed 2-24-2014; Am. Ord. 2020-27, passed 11-23-2020)

§ 152.069 ABATEMENT OF BLIGHT - IMMINENT DANGER.

When the Director of Planning or designee, reasonably believes that any condition of property blight is imminently dangerous to the life, limb, health or safety of the occupants of the property or to the public, the Director of Planning or designee may summarily abate the condition of property blight at the expense of the owner or take necessary action to remedy the situation. Actions taken to abate imminently dangerous conditions may include, but are not limited to, repair or removal of the condition creating the danger and/or the restriction from use or occupancy of the property on which the dangerous condition exists, or any other abatement action determined by the Director of Planning or designee to be necessary.

(Ord. 2013-17, passed 2-24-2014)

§ 152.071 DECLARATION OF PUBLIC NUISANCE.

(A) Purpose. Whenever a public nuisance is declared, it may be abated in accordance with the procedures provided in this chapter. Nothing in this chapter shall be construed to limit the right and duty of any town staff or Director of Planning or designee, to take immediate action to preserve or protect public health or safety. The procedures set forth in this chapter are not exclusive but are cumulative to all other civil and criminal remedies provided by law. The seeking of other remedies shall not preclude the simultaneous commencement of proceedings pursuant to this chapter.

(B) The Town of Ellettsville Director of Planning may declare a public nuisance for reasons specified in Chapter 152. Upon a public nuisance being declared, the Town's Director of Planning or designee shall issue a notice and order to abate.

(Ord. 2013-17, passed 2-24-2014)

§ 152.072 SERVICE OF NOTICE AND ORDER TO ABATE.

(A) The notice and order to abate shall be served in the following manner:

(B) By personal service; or

(C) By certified mail, addressed to the property owner, or his or her agent, at the address shown on the last equalized assessment roll or as otherwise known, and addressed to anyone known to the Director of Planning to be in possession of the property at the street address of the property being possessed. Service shall be deemed to have been completed upon the deposit of said notice and order, postage pre-paid, in the United States mail; or

(D) By posting such notice and order to abate conspicuously in front of the property on which, or in front of which, the nuisance exists, or if the property has no frontage upon any street, highway, or road, then upon the portion of the property nearest to a street, highway, or road, or most likely to give actual notice to the owner and any person known by the Director of Planning to be in possession of the property.

(Ord. 2013-17, passed 2-24-2014; Am. Ord. 2018-05, passed 3-26-2018)

§ 152.073 APPEAL PROCEDURE.

(A) The owner or other person in possession of the property may appeal the Director of Planning's public nuisance determination and order to abate issued pursuant to this chapter to the Town of Ellettsville Board of Zoning Appeals brought prior to the expiration of the number of days specified above for completion of abatement as allowed in the notice and order to abate.

(B) The appeal shall be submitted in writing; specify the grounds upon which the appeal is taken; contain the name, address, and telephone number of the appellant; and be accompanied by the fee as set forth in § 152.363 .

(C) The Department of Planning will contact the Board of Zoning Appeals board members to set a date for the hearing. Timely appeal shall stay any further abatement action until the hearing is concluded.

(D) The Director of Planning or designee shall set the matter for hearing before board and notify the parties in writing of the date and location of the hearing at least ten days prior to said date. Appeal fees are non-refundable.

(E) Hearing procedures. Hearings before the Town of Ellettsville Board of Zoning Appeals shall be conducted in accordance with § 152.334, Conduct of Hearings.

(Ord. 2013-17, passed 2-24-2014; Am. Ord. 2020-03, passed 2-24-2020)

§ 152.074 CONDUCT OF HEARINGS.

(A) (1) Following the staff review of the zoning petition the petitioner presents first followed by the opponents.

(2) The Board members then bring the case back for discussion before voting.

(3) The President of the Board may set reasonable time limits for each speaker to address the Board.

(B) Written information must be submitted to Town Hall at least three business days prior to the hearing.

(Ord. 2013-17, passed 2-24-2014)

§ 152.075 DETERMINATION OF THE BOARD OF ZONING APPEALS.

(A) The Town of Ellettsville Board of Zoning Appeals shall allow or overrule any or all objections, and reverse, modify or affirm the determinations of the Director of Planning, and may direct the Director of Planning or designee to proceed and perform the work of abatement if not performed by the owner or the person in possession of the property within the prescribed time.

(B) The decision of the board shall be in writing, contain findings of fact and conclusions of law, and be filed with the Town's Clerk Treasurer within five business days of the conclusion of the hearing.

(D) The decision of the board shall be final when filed with the Town's Clerk Treasurer constitutes the exhaustion of administrative remedy.

(Ord. 2013-17, passed 2-24-2014)

§ 152.076 TIME FOR COMPLIANCE.

If the Town of Ellettsville Board of Zoning Appeals board rules that the order to abate should be enforced, the owner, his or her agent or person in possession of the property shall comply with the order within such period of time as may be therein prescribed, and in the absence of any prescribed time, within five business days from the date of final determination.

(Ord. 2013-17, passed 2-24-2014)

§ 152.077 NONCOMPLIANCE WITH ORDER TO ABATE.

(A) Upon the failure, neglect or refusal to properly comply with the order to abate within the prescribed time period, the Director of Planning may cause to be done whatever work is necessary to abate the public nuisance. An account of the cost of abatement shall be kept for each separate assessor's parcel involved in the abatement.

(B) When the town has completed the work of abatement or has paid for such work, the owner of the property shall pay the costs of abatement to the Town of Ellettsville's Clerk Treasurer.

(C) The Town's Clerk-Treasurer shall produce a certified statement within ten business days of the actual cost incurred by the town in the abatement process.

(D) The statement shall be delivered to the owner of the real estate by certified mail, and the owner shall have not more than 30 days within which to pay the amount to the Clerk-Treasurer.

(E) The combined amounts shall be included in a bill and sent by mail to the owner or his or her agent for payment, if not paid prior thereto.

(F) The bill shall apprise the owner that failure to pay the bill within 15 days from the date of mailing may result in a lien or assessment being placed upon the property.

(G) A certified copy of the assessment shall be recorded by the Clerk Treasurer in the office of the Monroe County Auditor. The amounts and the costs of abatement mentioned in the report as confirmed shall constitute a special assessment against such property, and are a lien on the property for the amount of the respective assessment.

(H) In addition to its rights to impose said special assessment, the town shall retain the alternative right to recover its costs by way of civil action against the owner and person in possession or control jointly and severally.

(Ord. 2013-17, passed 2-24-2014)

§ 152.078 VIOLATIONS; ENFORCEMENT.

It is unlawful for any person to interfere with the performance of the duties herein specified for the Director of Planning or designee or any authorized town officer or employee thereof, or to refuse to allow any such officer or employee or approved private contractor to enter upon any premises for the purpose of abating the public nuisance or to interfere in any manner whatever with said officers or employees in the work of abatement. Paying a fine or serving a jail sentence shall not relieve any person from responsibility for correcting any condition which violates any provision of a code being enforced pursuant to this chapter.