This chapter is hereby enacted as a zoning ordinance for the Town of Fowler, Indiana, pursuant to and in acceptance of the powers, purposes and authority of IC 36-7-4, as amended.

This chapter shall be known and cited under the short title of the "Fowler Zoning Ordinance."

In exercise and furtherance of the powers, purposes and authority of state law and to secure health and safe surroundings for the orderly growth and development of the town in accordance with its established and primary pleasant residential characteristics, and to provide for the health, safety, convenience and welfare of the citizens of the town, it is hereby expressly ordained that from and after the effective date of this chapter, all persons of the town shall be governed and regulated in accordance with the provisions of this chapter.

(A)

Words used with several meanings. Words used in the present tense shall include the future; the singular number shall include the plural, and the plural the singular; the word "building" shall include the word "structure;" the word "lot" shall include "plot" and "parcel;" the word "shall" is mandatory and not directory; and any word having gender shall include the masculine, feminine or neuter, or a grouping thereof.

(B)

Words not defined. Any word or term not herein defined shall be construed as defined in any other section of this Code or ordinance of the town, and, if not so defined, then by the accepted or general meaning of the word or term.

(C)

Specific definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESSORY BUILDING. A subordinate building, or a portion of a principal building, which is located on the same lot as the principal building, the use of which is incidental to that of the principal building, but such accessory building shall not be used as a separate family dwelling.

ACCESSORY USE. A subordinate use which is permitted only when the same is an essential of or incidental to the principal use of the premises.

ALLEY. A public thoroughfare, which affords only secondary means of vehicular access to abutting property, and which is from twelve (12) feet to thirty (30) feet in width.

APARTMENT HOUSE. A building arranged, intended or designed to be occupied by three (3) or more families.

BASEMENT. A story, the height of which is at least one-half (½) below the level of a street grade or ground nearest the building. A basement shall not be counted as story for the purposes of height regulation, unless it is subdivided, rented, sold or leased for dwelling purposes.

BILLBOARD or SIGNBOARD. Any structure or part thereof, on which lettered or pictorial matter is displayed for advertising purposes, except as otherwise permitted for identification signs or accessory to a principal use or the sale or lease of property.

BLOCK. Property having frontage on one (1) side of a street and lying between the two (2) nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, waterway or other barrier. When intersecting or intercepting streets and railroad right-of-way, waterway or other barrier do not exist, the unit of six hundred sixty (660) feet shall be used and the block may begin at a quarter section line and terminate each six hundred sixty (660) feet unless intersected by a street.

BOARD. The Board of Zoning Appeals of the Town of Fowler, Indiana.

BOARDING HOUSE. Any dwelling where three (3) or more persons, who are not dependent upon the head of such household for support who are not independent members of such householder's immediate family, are furnished accommodations, with or without compensation, from meals, lodging or meals and lodging.

BUILDING. Any structure for the shelter, support or enclosure of persons, animals, chattels or property of any kind, and when separated by party walls without openings, each portion of such building, so separated, shall be deemed a separate building.

BUILDING, FRONT LINE OF. The line of that face of the building nearest the front lot line.

BUSINESS. The exchanging in the purchase, sale, barter or exchange of goods, wares, merchandise or services, the maintenance or operation of offices, or recreational and amusement enterprises for profit.

CERTIFICATE OF OCCUPANCY. The certificate issued by the Building Commissioner for the authorized use of premises as provided by Section 152.161.

COMMISSION. The Advisory Planning Commission of the Town of Fowler, Indiana.

COURT, ENCLOSED. An open unoccupied space surrounded on all sides by walls, or by walls and a lot line.

COURT, OUTER. An open unoccupied space opening onto a street, alley or yard.

DISTRICT. A section of the Town of Fowler or the jurisdictional area for which uniform regulations governing the use, height, area, size and intensity of use of buildings and land, and open spaces about buildings, are herein established.

DWELLING. Any building, or portion thereof, which is designed or used principally for residential purposes.

DWELLING, MULTIPLE FAMILY. A building designed for or occupied by more than two (2) families.

DWELLING, ONE-FAMILY. A building designed for or occupied exclusively by one (1) family.

DWELLING, TWO-FAMILY. A building designed for or occupied exclusively by two (2) families.

DWELLING UNIT. One-family dwelling.

FAMILY. A collective number of individuals domiciled together in one (1) dwelling unit whose relationship is of a continuing non-transient domestic character and who are cooking and living as a single nonprofit housekeeping unit.

FAMILY, IMMEDIATE. Persons related to a described householder as spouse, child, stepchild, grandchild, mother or father or an "in-law" relationship of the same.

FIRE ESCAPE. Any structure or device on the exterior of a building designed or intended to be used as a means of emergency exist from such building.

GARAGE, PRIVATE. A garage with a capacity of not more than three (3) automobiles for storage only, and which is erected as an accessory to a dwelling. Any such garage exceeding a three (3) automobile capacity may be classified as a private garage if the lot whereon such private garage is to be located contains not less than two thousand (2,000) square feet for each automobile stored.

GARAGE, PUBLIC. Any premises, except those described as a private or storage garage, used for the storage or care of power-driven vehicles or where any such vehicles are equipped for operation, repaired, or kept for renumeration, hire or sale.

GARAGE, STORAGE. Any premises, except those described as a private or public garage, used exclusively for the storage of power-driven vehicles.

GRADE ESTABLISHED. The elevation or grade of the street curbline fixed by the town.

GROUND FLOOR AREA. The square foot area of a residential building within its largest outside dimensions computed on a horizontal plane at the ground level, exclusive of open porches, breeze ways, terraces, garages, exterior and interior stairways.

HEIGHT OF BUILDING. The vertical distance measured from the highest ground level at the building to the highest point of the roof beams in case of flat roofs, to the deck line of mansard roofs, and to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

HOME OCCUPATION. An occupation or profession conducted by householder or immediate family thereof, subject to requirements and regulations contained in Section 152.055 et seq.

HOTEL. A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradiction to a boarding or lodging house.

JUNK BUSINESS. Any occupation or trade for the sale, resale, processing, accumulating, or storage of, or other commerce with, waste materials, scrap, wrecked automobiles or other commodities commonly classified as junk.

JUNKYARD. Any outdoor accumulation or storage of scrap, waste or other used or discarded materials which does not directly and normally result from and constitute an accessory use to an authorized principal use situated on the same premises.

KENNEL. Any lot or premises on which four (4) or more dogs, at least four (4) months of age, are kept.

LODGING HOUSE. See BOARDING HOUSE.

LOT. Land occupied or to be occupied by a building and its accessory buildings and including, as a minimum, such open spaces as are required under this chapter, and having frontage either on a public street or a private road.

LOT, CORNER. A lot fronting on two (2) or more streets at their intersection.

LOT, INTERIOR. A lot other than a corner lot or through lot.

LOT LINE, FRONT. In the case of an interior lot, a line separating the lot from the street or place; and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street, except in cases where deed restrictions in effect specify another line as the front lot line.

LOT LINE, REAR. A lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular shaped lot, a line ten (10) feet in length within the lot, parallel to and at the maximum distance from the front lot line.

LOT LINE, SIDE. Any lot boundary line not a front lot line or a rear lot line.

LOT LINES. Lines bounding a lot, as defined herein.

LOT, THROUGH. An interior lot having a frontage on two (2) streets.

LOT, WIDTH OF. The distance between the side lot lines at the front building line of building measured at right angles to the depth of the lot.

MANUFACTURING or INDUSTRY. Any use in which the major activity is the treatment, processing, rebuilding or repairing or wholesale storage of material, products or items and where the finished product is not acquired by the ultimate user on the premises, as distinguished from a retail use, where the treatment, processing, repairing or storage is secondary to the sale, exchange or repairing of material or products on the premises.

NONCONFORMING USE. Any use of a building or premises that does not conform with the regulations of the use district in which it is situated.

PARKING, OFF-STREET. A parcel of land with a durably surfaced area, enclosed in a main building or an accessory building or unenclosed, sufficient in size to store one (1) standard automobile and such open unoccupied space shall be other than a street or alley, and that the principal use of such parking area, durably surfaced, enclosed or unenclosed, shall be for the purpose of parking vehicles off the thoroughfares within the corporate limits of the town.

PARKING SPACE. A durable surfaced area, enclosed in a main building, in an accessory building or unenclosed, sufficient in size to store one (1) standard automobile, and if space is unenclosed, comprising an area of not less than one hundred eighty (180) square feet, exclusive of a durable surfaces driveway, connecting the parking space with an alley or street and permitting satisfactory ingress or egress of an automobile.

PLACE. An open unoccupied space which is not a public street or alley and which is dedicated to purposes of access to abutting property.

PRINCIPAL BUILDING. The main building occupied for an authorized residence, business or industrial use.

PRINCIPAL USE. The primary purpose for which a lot is to be used and for which a certificate of occupancy is or will be issued.

PRIVATE ROAD. A way or place in private ownership that is used for vehicular travel by the owner and those having express or implied permission from the owner but not by other persons, and constructed to the standards set forth in Fowler's Subdivision Control Ordinance.

ROOMING HOUSE. See BOARDING HOUSE.

STORY. That portion of a building included between the surface of any floor and the surface of the for next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it.

STREET. A public thoroughfare thirty (30) feet or more in width.

STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the exterior walls or the roof, excepting such alteration as may be required for the safety of the building.

STRUCTURE. Anything constructed, erected, assembled or artificially established which required permanent or more or less permanent location on the ground, or which is attached to something having a permanent or more or less permanent location on the ground.

VISION CLEARANCE ON CORNER LOTS. A triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the height of three and one-half (3½) and twelve (12) feet above established grade, determined by a diagonal line connecting two (2) points measured equidistant from the corner along each property line.

YARD. Any space in the same lot with a building, open and unobstructed from the ground to the sky.

YARD, FRONT. The minimum horizontal distance between the street line and the building or any projection thereof other than steps, eaves, unenclosed balconies and unenclosed porches.

YARD, REAR. The yard between the rear of the building and the lot line most nearly parallel thereto.

YARD, SIDE. The yard between the side of the building and the lot line most nearly parallel thereto and extending from the street line to the rear.

(Ord. No. 2014-5, §§ 2.A., 3, 6-2-2014)

(A)

Check list of procedures.

(1)

Each parcel of property is situated in either a Single-Family Residential District, Two-Family and Multiple-Family Residential District, Local Business District, General Business District or Light Industrial District. The district in which a particular lot is located can be determined by reference to the Zoning Map.

(2)

The uses allowed in any designated district are set out in Single-Family Residential District Regulations, Two-Family and Multiple-Family Residential District Regulations, Local Business District Regulations, General Business District Regulations or Light Industrial District Regulations, each establishing regulations for such districts.

(3)

Every intended principal use must be on a lot having an area coming within the minimum requirements established by Section 152.131.

(4)

Before any intended principal use will be permitted, it must be determined that the lot will support a safe water supply and proper sewage disposal system or have access to municipal facilities of same, as established by Section 152.132.

(5)

Authority to occupy the property for a particular use shall be allowed by certificate of occupancy issued pursuant to Section 152.161. This does not apply to premises occupied at the time of the enactment of this chapter, but it does apply to a subsequent change of use.

(6)

The specific location of a building on a lot is to be authorized under an improvement location permit as required by Section 152.161.

(7)

In planning a location of a building on a lot, attention must be given to the setback and yard requirement of the district in which such building is to be located. The height regulations of Section 152.130, the parking and loading regulations of Section 152.137 and the lot area and sanitary requirements of the Town must be followed. Actual construction will be governed by specific building codes of the Town, as set forth in Chapter 150.

(8)

Fences, signs and other uses are regulated by other express provisions of this chapter.

(9)

Occupancies, locations and uses in existence at the time of the enactment of this chapter which do not conform to the regulations herein established are governed by Section 152.138, nonconforming uses.

(10)

Problems concerning the enforcement of the chapter, grievances and appeals are processed through the Board of Zoning Appeals under Sections 152.155 through 152.158.

(11)

This section has been included solely for informational purposes and is intended only as a guide. This section is not intended to be comprehensive or inclusive of all procedure under this chapter, nor a limitation upon any procedure, regulations or requirement as elsewhere expressly set out.

(A)

Minimum requirements. In interpreting the provisions of this chapter, all provisions and regulations shall be held to be minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare.

(B)

Private covenants. It is not intended by this chapter to interfere with or abrogate or annul any easement, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or land or upon the height of buildings, or requires larger open spaces or larger lot areas than are imposed or required by such easement, covenants or agreements, the provisions of this chapter shall control.

(C)

Ordinances and permits not in conflict. It is not intended by this chapter to interfere with or abrogate or annul any ordinance, rules, regulation or permits previously adopted or issued, and not in conflict with any of the provisions of this chapter or which shall be adopted or issued pursuant to law relating to the use of buildings or premises and likewise not in conflict with this chapter.

(D)

Saving clause. The enactment of this chapter shall not release, discharge or annul any violation existing under prior ordinance or parts thereof which may be, as to future effect, repealed hereby, and all remedies at law or equity affecting any existing violation shall remain in full force and effect for the prosecution, correction or abatement of such violations.

(E)

Conflict with statute. Any provision of this chapter which may now or hereafter conflict with IC 36-7-4, as amended, shall yield to and shall be interpreted with preference to such state law.