(A)   In any zoning district, except as noted, the provisions of this division (A) shall be applied to effect the safety of motorists and facilitate traffic movement.

      (1)   No sign shall be erected or maintained at any location where, by reason of its position, wording, illumination, size, shape or color, it may obstruct, impair, obscure or interfere with the view of, or be confused with, any authorized traffic control sign, signal or device.

      (2)   No sign shall contain or make use of any phrase, symbol, shape, form or character in such a manner as to interfere with, mislead or confuse moving traffic.

      (3)   No exterior sign having flashing, intermittent or animated illumination shall be permitted except:

         (a)   Electronic informational signs (electronic message boards); and

         (b)   In any zoning district where general street lighting is provided and traffic movement on adjoining streets is regulated at 35 miles per hour or less.

   (B)   In any district, the provisions of this division (B) shall apply.

      (1)   No part of any sign that is attached to a building shall be erected to a height greater than the height of the building.

      (2)   No illuminated sign shall be permitted within 50 feet of property in a residential district unless the illumination of the sign is so designed that it does not reflect or shine into or onto the property.

      (3)   No part of any freestanding sign shall be erected to a height greater than that specified for accessory structures in the district in which the sign is located.

      (4)   The minimum setback of a freestanding sign from any public right-of-way or lot line shall be the minimum setback provided in the zoning district in which the sign is located.

      (5)   The area of a sign shall be determined by the smallest circle, triangle or rectangle that can be used to enclose the sign, exclusive of supporting members that bear no message.

      (6)   All signs, temporary or permanent, shall be constructed or maintained in a presentable manner for the lifetime of the sign.

      (7)   Any non-conforming sign that is or becomes deteriorated shall be removed from the premises by the owner of the sign. A condition of deterioration shall exist when the sign is determined by the Zoning Administrator to be more than 30% destroyed by natural causes or otherwise. The sign, if not removed, shall be abated as a nuisance.

      (8)   No permanent sign, whether an awning, freestanding, illuminated, portable, projecting, roof or wall sign shall be erected within, or extend over, a public right-of-way except for overhanging signs in the General Business District (B-1). For a sign extending over a public roadway, the minimum clearance from the bottom of the sign to the ground level shall be 14 feet.

   (C)   In any residential district the provisions of this division (C) shall apply.

      (1)   One name plate shall be permitted for each dwelling unit in a single family or multi-family structure. The name plate shall indicate nothing other than the name and/or address of the occupant and/or a customary home occupation. No other sign shall be allowed. This provision shall not be construed to prohibit each dwelling from also displaying a house numbering plate for identification.

      (2)   Multi-family residences and residential projects of all types may display identification signs indicating nothing other than the name and/or address of the premises and/or the name of the management. The signs shall not exceed nine square feet in area.

      (3)   For uses other than those listed in divisions (C)(1) and (2) eligible to display a sign, only one sign per street frontage shall be permitted.

      (4)   In the General Business District (B-1), the provisions of this division (C)(4) shall apply except as otherwise provided.

         (a)   Residential uses in the General Business District shall be subject to the provisions of division (c) of this division (C)(4).

         (b)   Except in those blocks where 25% of the lots are already occupied by business uses and where overhanging signs are already established, no sign shall project over a lot line, and no sign shall project into a required yard by more than two feet.

         (c)   Any sign that advertises a product or service no longer available on the premises of a business that has permanently closed or has moved from the premises shall be removed by the owner of the premises.

         (d)   Trailers or box trucks of any kind, whether operational or not operational, shall not be used as stationary advertising signs.

         (e)   One sign with a net sign area of 250 square feet shall be permitted in the sign area.

   (D)   In the industrial districts, each business or industrial use shall be permitted identification signs as an incidental use of the lot.

   (E)   The signs permitted by this division (E) shall be allowed in any zoning district.

      (1)   Each public recreation, community facility or clinic use shall be permitted one bulletin board or identification sign not to exceed 12 square feet, except that uses occupying extended frontages shall be permitted one such sign per 200 feet of frontage.

      (2)   Each permitted or required parking area that has a capacity of more than five cars shall be permitted one sign, not more than two square feet in area, designating each entrance and exit from such parking area; and one sign, not more than nine square feet in area, identifying or designating the conditions of use of such parking area for each 25 spaces except that a minimum of one such sign shall be permitted.

      (3)   One sign, not more than 20 square feet in area, pertaining to the sale of agricultural products raised on the premises, shall be permitted.

      (4)   Signs established by, or by order of, any governmental agency shall be permitted.

      (5)   One sign, not more than 32 square feet in area, for construction or development, giving the name of the contractors, engineers or architects shall be permitted, but only during the time that construction or development is actively underway.

      (6)   Off-premises signs shall be defined and allowed by this subdivision. An off-premises sign is defined as any sign which identifies, describes, illustrates or directs the reader’s attention to a product, service, activity, business or commercial enterprise not sold, provided or conducted on the premises on which the sign is located. An off-premises sign shall be permitted for the following time periods and with the following fees:

         (a)   For the first 14 days (the “initial period”) –$25.

         (b)   An additional 14 days consecutive to the initial period - no additional fee.

         (c)   A third 14-day period consecutive to the second 14-day period - $50.

         (d)   A fourth 14-day period consecutive to the third 14-day period - no fee.

         (e)   No further extensions of time will be allowed within a 90-day period beginning with the first day of the initial period.

         (f)   After the expiration of the 90-day period beginning with the first day of the initial period, an off-premises sign permit may be renewed for one more 14-day period at a fee of $100.

         (g)   Portable signs shall be permitted in any district provided the signs have been issued a sign permit. A portable sign shall be permitted for an initial period of 14 days and may be renewed one time only for an additional 14 days (for a total of 28 days). There shall be only one portable sign on any lot.

   (F)   Temporary and portable signs shall be permitted as follows:

      (1)   In a residential subdivision, the developer of record shall be allowed to erect one sign, not to exceed 128 square feet in area, advertising the sale of lots within the subdivision. No single dimension of the sign shall exceed 16 feet. There shall be one sign located at the entrance of the subdivision, which sign shall be within the boundaries of the subdivision. The setback from the front or side lot line shall be equal to one-half of the required front building setback as specified in the zoning district in which the subdivision is located. Signs shall be removed by the developer or his or her agent upon completion of the sale of 90% of the lots in the subdivision.

      (2)   All political signs shall be erected and removed within the time period allowed by the provisions of the Indiana Code.

         (a)   All campaign literature of any type, including, but not limited to, signs, posters, pamphlets, brochures, any written material and any other campaign items shall be prohibited from all property owned by the town, occupied by the town, or leased by the town, or any of its departments.

            1.   The rights-of-way of State Road 427 and State Road 1; and

            2.   The rights-of-way of all streets and roads, including alleys, dedicated to the public, within the corporate limits of the town.

         (c)   Town officials are authorized to remove campaign literature in violation of this section.

            1.   The town shall attempt to notify the party or organization that placed campaign material in violation of this section so that the campaign material may be retrieved.

            2.   In the event that campaign material is not retrieved after notification to the organization or party, and in the case the town can not determine who to notify, the campaign material shall be kept secure until after the election then, if unclaimed, shall be destroyed as soon as practicable after the election.

      (3)   Signs advertising or giving directions to an official or special event are allowed to be erected no more than 24 hours before the event and removed no later than 24 hours after the event is concluded.

      (4)   One “For Sale” or “For Rent” sign or a sign identifying the principal builder or general contractor of a structure on a lot (such as “Built by ABC Builders”), not more than 12 square feet for each dwelling unit, garage or other quarters shall be allowed. However, in Zoning District R-2, two such signs are allowed, provided only one is placed on the lake side and only one is placed on the street side.

      (5)   One “Open House” sign is allowed for the completed structure that is offered for sale, such Open House sale sign shall be located on the same lot as the structure offered for sale.

      (6)   This provision deals with signs connected or related to construction or remodeling of a dwelling unit, garage or other structure being erected on a lot upon which such signs shall be subject to the following regulations:

         (a)   This provision applies to “For Sale,” “For Rent,” “Built by ABC Builders,” and the like signs and signs for subcontractors, material men and suppliers of labor and material for the structure being constructed on the lot.

         (b)   All such signs shall be no more than 12 square feet in size. Subcontractors, material men and suppliers of labor and material are limited to one sign per lot.

         (c)   Signs for the general contractor, principal builder, subcontractor, material men and suppliers of labor and material shall be removed at such time as the Zoning Administration receives notification and request for concurrence of the issuance of an occupancy permit from the Building Departments of Steuben or DeKalb County. Such sign shall be removed by the homeowner or builder/general contractor.

         (d)   All signs subject to the provisions of this division (F)(6) shall be centrally located in a cluster on the lot.

   (G)   Each sign as permitted by this section shall require a sign permit. An application for a sign permit shall be made upon a form provided by the Zoning Administrator and shall contain or have attached thereto, at a minimum, the following information:

      (1)   The name, address and telephone number of the applicant;

      (2)   The location of the lot or tract of property on which the sign is proposed to be constructed;

      (3)   The proposed location of the sign upon the lot or tract;

      (4)   The type of material comprising the sign and the size of the proposed sign; and

      (5)   Such other information as the Zoning Administrator shall require to show compliance with this section and other town ordinances.

      (6)   For any event of public interest, such as a Fourth of July celebration, county fair, church event or the like, one sign of not over 24 square feet in area and located on the site or on property adjacent to the site of the event shall be permitted. The sign shall not be erected for more than a few days before the event commences and shall be removed immediately after such event concludes. Also, directional signs, not more than 3 square feet in area, showing only a directional arrow and the name of the event shall be permitted. The directional signs shall not be erected more than 14 days before the event commences and shall be removed immediately upon the event concluding.

      (7)   Exceptions. Signs allowed pursuant to § 153.15(F) may be erected without a permit.

   (H)   The denial of a sign permit by the Zoning Administrator may be appealed to the Board of Zoning Appeals. Non-profit organizations and municipal organizations will be issued permits at no charge and each application for Improvement Location Permit for a sign shall be accompanied by a fee as established in § 153.59(B)(7).

   (I)   The penalty provisions of § 153.99 shall apply to violations of this section. Also, a violation of this section is declared to be a common nuisance and may be abated under existing law.

(‘88 Code, § 10-3-1) (Ord. 82-4, passed 4-26-82; Am. Ord. 91-4, passed 1-6-92; Am. Ord. 94-2, passed 4-4-94; Am. Ord. 2002-22, passed 6-6-03; Am. Ord. 2007-04, passed 5-7-07; Am. Ord. 2011-7, passed 12-29-11; Am. Res. 2014-5, passed 6-2-14; Am. Res. 2016-3, passed 6-6-16)

   All new, used or enlarged existing uses must conform to the off-street parking requirements established below:

   (A)   Parking spaces may be located on a lot within 300 feet of the lot containing the principal use.

   (B)   All off-street parking shall be hard surfaced and adequately drained.

   (C)   Each parking space shall be less than 180 square feet excluding the space required for ingress and egress.

   (D)   Schedule of off-street parking:

      (1)   To reduce traffic problems and hazards by eliminating unnecessary on-street parking, every use of land must include on-premises parking sufficient for the needs normally generated by the use, as provided by this section. Parking spaces or bays contiguous to the street, required by subdivision or other ordinances, are in addition to, and not in place of, the spaces so required.

      (2)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

         PARKING SPACE. An area, not including any part of a street or an alley, designed or used for the temporary parking of a motor vehicle.

         PARKING AREA. A group of parking spaces, or an open area not including any part of a street or an alley, designed or used for the temporary parking of motor vehicles.

      (3)   Off-street parking spaces shall be provided for the following newly constructed land uses:

         (a)   Minimum requirements: Each automobile parking space shall not be less than 180 square feet (nine feet by 20 feet) in area.

         (b)   Parking requirements for specific uses are as follows:

            1.   Any place of assembly without fixed seats: At least one parking space for each six seats based on the maximum seating capacity of the facility, including fixed and movable seats.

            2.   Auditorium, theater, gymnasium, stadium or any other place of assembly, except churches: At least one parking space for each four seats based on the maximum seating capacity of the facility, including fixed and movable seats. (Example: A maximum seating capacity of 360 would require 90 spaces.)

            3.   Barber shops or beauty shops: At least three parking spaces for each barber or beautician operating in a shop.

            4.   Bowling alley: At least three parking spaces for each bowling lane. (Example: A bowling alley with 12 lanes would require 36 spaces.)

            5.   Collective parking facilities: Collective parking facilities for two or more buildings or uses may be allowed. However, the total number of off-street parking spaces required is the total of the parking spaces required for each use. (Example: Two businesses share a parking lot. One business would require five parking spaces if it had its own lot; the other business would require three spaces if it had its own lot. The number of parking spaces for the combined lot therefore cannot be less than eight.)

            6.   Eating or drinking establishment, or any similar use, where customers are seated and served within a building: At least one parking space for every three seats, plus one parking space per employee per shift. (Example: An eating establishment with a dining / serving room floor area of 48 seats, and seven employees on the first shift, would require 23 parking spaces.)

            7.   Eating and/or drinking establishment, or any similar use, where customers are served outside of a building: At least one parking space for each 50 square feet of gross floor area. There shall not be less than six parking spaces for each such establishment. (Example: An eating establishment with a gross floor area of 300 square feet would require 12 spaces).

            8.   Food market or any similar use. At least one parking space for each 200 square feet of gross floor area.

            9.   Furniture, household appliance or mechanical trades display store or any other similar use: At least one parking space for each 1,000 square feet of gross ground floor area plus one space for each 1,500 square feet of the gross area of floor space other than the ground floor used for sales, display or show purposes.

            10.   Hospitals, sanitariums, nursing homes, homes for the aged: At least one parking space per each four beds, plus one parking space for each employee and doctor.

            11.   Hotel, motel or any similar use: At least one parking space per sleeping room in addition to whatever spaces may be required for any restaurant facilities that may be part of the lodging facility.

            12.   Launderette, laundromat, self-service laundry, washeteria, or any similar use: At least one parking space for each two washing machines. (Example: A laundromat with 40 washers would require 20 spaces.)

            13.   Manufactured housing park: At least two parking spaces on the same parcel of land for each manufactured house, plus two spaces for every three lots located elsewhere within the park tract. The configuration and location of the lots shall be determined by the developer subject to the approval of the Plan Commission.

            14.   Medical clinic or any other similar use: At least one parking space per 100 square feet of waiting room area and one per doctor or dentist and one per each full time employee. (Example: A medical clinic with a 700 square foot waiting room, two doctors and five full-time employees would require 14 spaces.)

            15.   Mixed uses: In the event mixed uses are located in the same building or structure, the total number of off-street parking spaces shall be the sum of the requirements of the various uses computed according to the standards specified in this section. Off-street parking facilities for one use shall not be considered as providing the required parking facilities for any other use.

            16.   Multiple family dwelling: At least two parking spaces per dwelling. (Example: 20 dwelling units would require 40 spaces.)

            17.   Office building or professional office or any other similar use: At least one parking space for each 400 square feet of gross floor area. (Example: A 10,000 square foot office building would require 25 spaces.)

            18.   Processing, wholesaling, warehousing, manufacturing or any other industrial use or commercial establishment not specifically set out in this division (D): At least one parking space for each two employees plus sufficient space to park all company-owned or leased motor vehicles, semi-trailers and trailers. (Example: A factory with 150 employees would require, at a minimum, 75 spaces.)

            19.   Retail store or service: At least one parking space for each 400 square feet of gross floor area. (Example: A store with a gross floor area of 10,000 square feet would require 25 spaces.)

            20.   Self-service car wash: At least three parking spaces for each washing stall.

            21.   Schools: Parking spaces for schools shall be provided as follows:

               a.   Elementary - middle schools: At least one parking space per employee and two spaces per classroom, plus designated areas for buses.

               b.   Secondary schools: At least one parking space per employee and six spaces per classroom, plus designated areas for buses.

               c.   Universities, technical and vocational schools: At least one parking space per employee, 12 spaces per classroom, and one space per each 200 square feet of building space.

   (E)   For uses not listed in the schedule of parking requirements, parking spaces shall be proved on the same basis as required for most similar use listed.

   (F)   Commercial and institutional establishments occupying existing buildings in the Central Business District and businesses which are now or hereafter established in former residential structures in properly zoned areas are exempt from parking requirements outlined in divisions (A) through (E) of this section.

(‘88 Code, § 10-3-2) (Ord. 82-4, passed 4-26-82; Am. Ord. 94-2, passed 4-4-94; Am. Ord. 2011-1, passed 3-7-11)

   Every building which requires the receipt or distribution of material or merchandise by vehicle shall provide off-street loading berths of size and arrangement appropriate for the type of vehicles utilizing this space. Loading or unloading shall not be permitted within public right-of-ways. This provision will not be construed in such a manner as to adversely affect businesses in existence at the time of its passage.

(‘88 Code, § 10-3-3) (Ord. 82-4, passed 4-26-82; Am. Ord. 94-2, passed 4-4-94)

   Any lawful use of land or structure existing or under construction and progressing diligently at the time of adoption of this chapter which does not conform to the specifications of this chapter may be continued subject to the following limitations:

   (A)   Nonconforming structures.

      (1)   Maintenance and repairs. A nonconforming structure may be repaired and maintained, provided no structural change is made subject to provisions otherwise imposed by this section.

   (B)   Nonconforming uses. Nonconforming uses may be changed only to conforming uses except under division (C) below, or as similarly provided for in § 153.38(B), 153.39(B) or 153.40(B).

   (C)   Permitted changes. The Board of Zoning Appeals may grant a special exception for an alteration, use change, or expansion of a nonconforming use or structure, if in the opinion of the Board the change will make the use or structure more compatible with the zoning district.

   (D)   Amortization.

      (1)   When a nonconforming use has been discontinued for a period of 24 months, the use shall not be re-established and any use thereafter of that property shall be in conformance with the provisions of this section.

      (2)   No building damaged by fire or other cause to the extent of 50% of its cash value immediately prior to the damage shall be rebuilt or repaired except in full conformance to the provisions of this section. However, if the rebuilding cannot be made in full conformance, the rebuilding will be allowed under division (C) herein, if it is determined that the rebuilding would be in the best interest of the community.

(‘88 Code, § 10-3-4) (Ord. 82-4, passed 4-26-82; Am. Ord. 94-2, passed 4-4-94; Am. Ord. 2019-2, passed 3-4-19)

   Businesses are permitted within residences in any zoning district subject to the following requirements:

   (A)   No more than one person other than members of the family residing on the premises shall be engaged in the occupation;

   (B)   The occupation is to be located within the residence or a pre-existing accessory building, or within a newly constructed accessory building constructed primarily as a garage;

   (C)   The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupant, and not more than 20% of the total floor area of the dwelling unit and accessory structures shall be used in the conduct of the home occupation;

   (D)   There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of the home occupation other than one sign, not exceeding four square feet in area, non-illuminated, and mounted against the wall of the principal building;

   (E)   No traffic shall be generated by the home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of the home occupation shall meet the off-street parking requirements as specified in this section, and shall not be located in a required front yard; and

   (F)   No equipment or process shall be used in the home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(‘88 Code, § 10-3-5) (Ord. 82-4, passed 4-26-82; Am. Ord. 91-4, passed 1-6-92; Am. Ord. 94-2, passed 4-4-94)

   (A)   Stairs and/or a stairway proposed as part of an improvement, including, but not limited to, a deck, dwelling or other improvement, shall be considered a part of that deck, dwelling or other improvement, and shall be subject to all building lines and setbacks.

   (B)   Improvement location permits are required for all decks, whether new or replacing an existing deck. The applicable improvement location permit fee shall be charged for all deck permits, except in the case of decks less than 30 square feet in size (including steps and landings), in which case no fee shall be charged.

(Ord. 95-7, passed 12-26-95; Am. Ord. 2002-15, passed 11-4-02)

   (A)   Limit. Only one principal building or structure shall be permitted on any lot.

   (B)   Residential corner lots. No fence, wall, hedge, or other structure or plant that would obstruct vision will be permitted within the triangle formed by the street pavement edge and a line extending between the points along the pavement edge 25 feet from the corner.

   (C)   Unclassified uses. If the Zoning Administrator is unable to determine whether a proposed use is permitted, he shall make an interpretation based on the intent of the Comprehensive Plan. The Board of Zoning Appeals shall hear appeals of interpretations made by the Zoning Administrator.

   (D)   Vacated areas. Whenever a street, alley or other public way shall be vacated, the street, alley, or way shall be classified in the same zoning district as the adjoining property. Should the street, alley or way divide two or more different zoning districts, the Plan Commission shall decide the zoning of the area.

   (E)   Manufactured homes. All manufactured home units must meet any applicable floor area requirements within one unit. It shall not be permissible to join more than one manufactured home unit or to make site built additions to a unit in order to meet minimum floor area requirements. Double-wide and multi-sections, which are constructed in separate sections due to transportation limitations and are designed and sold as one unit shall meet the requirements of this clause.

   (F)   Roofing materials. Unless otherwise specified, all new or relocated homes shall utilize only the following materials as an exterior roofing material:

      (1)   Asbestos shingles;

      (2)   Fiberglass shingles;

      (3)   Shake shingles;

      (4)   Asphalt shingles;

      (5)   Tile materials;

      (6)   Approved metal roofing materials; and

      (7)   Approved rubber or rubberized roofing materials.

   (G)   Foundations. Unless otherwise specified under permitted uses, all new or relocated homes shall be placed upon a permanent foundation and have a permanent perimeter wall constructed of poured concrete, cement block or stone.

   (H)   Special exceptions for existing uses. When a use in existence at the time of passage of this section is listed as a special exception in the zoning district in which it is located, a special exception shall automatically be granted for that use. The special exception shall be effective the date of passage of this section.

   (I)   Substandard lot of record. A lot which is an official lot of record at the time of adoption of this section is exempt from the minimum lot area and floor area ratio requirements of this section. However, if the lot owner intends to utilize it for building purposes and cannot meet the setback requirements, then the owner must apply for a variance from the terms of this section.

   (J)   General fence provisions. The Zoning Administrator shall approve all fences. All fences except boundary line fences in agricultural districts shall have a two-foot setback from the property line unless the property owners mutually agree otherwise in writing and record the agreement with the Steuben County Recorder. No fence is to be erected closer than two feet from any sidewalk, public property or right-of-way. No fence shall be erected or situated in such a manner as to obscure vision of drivers on public streets or highways. Fences, new and replacement, require an improvement location permit as an accessory use.

   (K)   Residential fence restrictions. In the R-1, R-2, R-3 and R-4 districts, the following additional restrictions shall apply:

      (1)   The town classifies fences into two main categories and those categories are solid fence and open fence. A solid fence is less than 50% open as viewed from the outside of the fence. An open fence is categorized as having greater than 50% open as viewed from the outside of the fence.

      (2)   Solid fences and open fences may be placed as follows:

         (a)   Solid fences may not exceed six feet in height. Open fences may not exceed six feet in height.

         (b)   Solid fences and open fences may be placed in a rear yard and the fences may also be placed in a side yard subject to the applicable setbacks and also subject to the provisions of § 153.21(J).

      (3)   Security fences (chain link or wooden) not exceeding six feet in height may be placed as follows:

         (a)   Rear yard subject to the applicable setback and also subject to the provisions of § 153.21(J).

         (b)   Side yard subject to the applicable setback and also subject to the provisions of § 153.21(J), but in no case shall the side yard fence be located nearer the front yard than the front of the house.

         (c)   For the purposes of this section, the side of a house facing a public street on a corner lot shall be considered the front of the house and the side yard facing the street considered a front yard.

      (4)   All fences shall be maintained and kept in good repair.

      (5)   The height of a fence shall be measured from the top of the fence (excluding post or end caps) when those post or end caps are six inches or less in height but including the post or end caps when they exceed six inches in height. The measurement shall be taken from the top of the fence to the surface of the yard grade immediately beneath the fence.

      (6)   All fences shall be constructed without alteration to the grade of the lot. The placing, locating or accumulating materials such as mulch, rocks, gravel, and soil underneath a fence is deemed to be an alteration of the grade of the lot and is prohibited. The use of pre-built sections of fence on lots with a grade steep enough to result in the “stair stepping” of fences is discouraged. Alterations of the grade to that portion of a lot where a fence is proposed to be erected are not permitted unless a grading plan is submitted to and approval by the Zoning Administrator.

      (7)   Fences in easements are discouraged. Fences in easements that are exclusively for lake access are prohibited. Fences constructed in an easement are subject to the conditions of the easement which may result in the fence being removed in order for work to be done in the easement. All removals and replacements or repairs will be done at the expense of the property owner.

   (L)   Special fences.

      (1)   Temporary snow fences shall be permitted from October 1 to April 1 considering acts of God without prior approval.

      (2)   Swimming pools shall be fenced upon completion or within seven days after being filled with water whichever occurs first. Existing pools have six months to comply. The town or its agents, commissions, or boards shall not be held responsible for the adequacy of the fence or the noncompliance of any landowner. The fence shall be a security-type fence not less than five feet in height which completely encloses the pool area. This requirement applies to both above ground and inground pools and permanently installed above ground pools with a filtration system.

      (3)   Hedges and boundary line shrubs are not considered fences for the purposes of divisions (J) and (K) except that no hedge shall be planted within two feet of the property line or permitted to grow in such a manner as to obscure vision of drivers on public streets or highways, or lake views in lake residential areas, or to a height exceeding four feet, or beyond the owner’s property line.

   (M)   Residential rezoning. Areas within or outside the corporate limits shall not be rezoned R-1, R- 2, R-3 or R-4 if the area to be rezoned is within 1,000 feet of an industrial district.

   (N)   Buffer strips. The Plan Commission shall require a buffer strip of not less than 20 feet around all sides of an industrial site.

   (O)   Industrial zoning.

      (1)   Industrial rezoning shall not occur around or near lakes, the downtown area, adjacent to housing development or within 1,500 feet of the Hamilton Community Schools.

      (2)   Industrial zoning shall not occur within 1,000 feet of R-1, R-2, R-3 or R-4 districts.

   (P)   Livestock and poultry. Livestock and poultry, excluding domesticated house pets, 4-H projects, F.F.A. projects and school-related projects shall not be raised, boarded or pastured in subdivisions, residential zoning districts or business districts unless the parcel of land is two acres or larger in size.

   (Q)   Detached garages and storage buildings. Detached garages or storage buildings to be constructed in subdivisions and/or residential zoning districts exceeding 15 feet in height and/or having ground floor area exceeding 1,200 square feet will require a development standard variance.

   (R)   Property located in two zoning districts. When a property is located in two zoning districts, the most restrictive requirements shall apply.

   (S)   Sheds.

      (2)   A shed of 200 square feet of less of floor area may be located on a foundation or on skids.

      (3)   A shed of 201 square feet up through and including 720 square feet of floor area must be located on a permanent foundation as required by the Indiana Building Code and as administered by the Steuben County Building Department or the DeKalb County Building Department, as the case may be, the appropriate building department shall be contacted for the then existing foundation requirements.

      (4)   A shed of 721 square feet or more of floor area must be located on a foundation with 36- inch footers.

      (5)   Sheds of 201 square feet or more must also comply with the shed regulations of Steuben County or DeKalb County, as the case may be.

      (6)   All sheds require an improvement location permit; however, sheds less than 30 square feet of floor area shall be issued an improvement location permit at no charge.

   (T)   Semi-trailer.  

      (1)   Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests on or is carried by another vehicle.

      (2)   A semi-trailer is not a structure, accessory structure or building as defined in Chapter 153.

      (3)   A semi-trailer used for temporary or permanent storage is prohibited in all Residential Zoning Districts, whether or not the semi-trailer is located on public or private property.

      (4)   Nothing contained in this division (T) shall prohibit the proper use of a semi-trailer being drawn by a tractor for the hauling of persons or property in its capacity as an over-the-road vehicle.

   (U)   (1)   All lake front access points including, but not limited to, lake front recreational areas, beaches, parks, playgrounds, regardless of whether such an area has been specifically denominated as a common area or access point, whether located in a residential subdivision, apartment building development, condominium, cooperative, neighborhood association, or associated with an organization, club, retirement community, mobile home park, mobile home subdivision, subdivisions (exempt or non- exempt) subject to the following linear footage requirement:

      First residential unit            60 feet of shoreline

      Second residential unit         30 feet of shoreline

      Each additional residential unit   20 feet of shoreline

      (2)   Back lots which may access the lake through a lake front access point as referred in division (U)(1) are limited to and defined as a parcel of real estate contiguous to the lake front access point. A parcel of ground separated from the lake front access point by a road right-of-way, which would otherwise be touching and contiguous to the lake front access point, is considered contiguous.

   (V)   Recreational vehicle. The use of recreational vehicles, motor homes and similar vehicles (hereinafter collectively referred to as “recreational vehicles”) for temporary living quarters on a lot, parcel, or tract of real estate and any combination of lots, tracts or parcels of real estate upon which there is situated a residence as the principal structure is prohibited in all zoning districts except as otherwise provided herein. A recreational vehicle may be used for temporary living quarters for no longer than 72 continuous hours and then only once in a 30 day period. The first day of any 30 day period is the day of a prior violation of this chapter, as determined by the Zoning Administrator. It shall be presumed that a recreational vehicle is being used for residential purpose if it remains parked for more than 72 continuous hours, is connected to a power source or is running a generator, or is connected to a water source. It shall not be a defense to a citation for the violation of this division that the recreational vehicle was moved or driven during the 72 hour period. Violations of this division shall be considered a violation of the Hamilton Zoning Code and will also be considered a violation of the Hamilton Nuisance Ordinance. Each day a violation occurs or is permitted to occur shall be considered a separate violation. This division shall not apply to R-4 Mobile Home District.

(‘88 Code, § 10-3-6) (Ord. 82-4, passed 4-26-82; Am. Ord. 91-4, passed 1-6-92; Am. Ord. 94-2, passed 4-4-94; Am. Ord. 98-8, passed 8-31-98; Am. Ord. 2002-17, passed 11-4-02; Am. Ord. 2002-18, passed 12-2-02; Am. Ord. 2003-03, passed 5-5-03; Am. Ord. 2004-04, passed 3-1-04; Am. Ord. 2004-19, passed 10-4-04; Am. Ord. 2004-24, passed 12-6-04; Am. Ord. 2006-07, passed 6-19-06; Am. Ord. 2006-11, passed 9-11-2006; Am. Ord. 2009-3, passed 7-26-12; Am. Ord. 2013-3, passed 3-4-13; Am. Ord. 2021-3, passed 4-5-21)

   (B)   Before any landowner constructs a driveway for ingress and egress to roads and rights-of-way maintained by the Town of Hamilton, the landowner shall apply for a driveway permit.

   (C)   There shall be no application fee charged for a driveways used solely for ingress and egress for agricultural purposes.

   (D)   Fees in connection with driveways shall be charged as found in § 153.59(B)(5) and (6).

   (E)   It is a Class F infraction for any landowner to construct a driveway without obtaining a permit for the same from the Town of Hamilton.

(Ord. 95-8, passed 12-26-95; Am. Ord. 2011-7, passed 12-29-11)

   (A)   Any property owner or occupant wishing to construct a new garage or accessory structure (or remodel or add on to an existing accessory structure or garage) which shall include a sink or a toilet must submit an improvement location permit and meet all of the requirements in connection therewith.

   (B)   For purposes of this section the accessory structure or garage shall be referred to as accessory structure/garage with bathroom.

   (C)   A bathroom shall consist of a sink and toilet only and shall not include any bathing facilities.

   (D)   An accessory structure/garage with bathroom shall be permitted in R-1, R-2 and R-3 Districts as a permitted use.

   (E)   The accessory structure/garage with bathroom is not permitted as the principal use on a lot.

   (F)   The accessory structure/garage with bathroom shall not be permitted if it is determined it shall be a dwelling unit.

   (G)   The accessory structure/garage with bathroom shall not be rented and shall not be an income producing property.

   (H)   An accessory structure/garage with bathroom shall also comply with all other developmental standards of this chapter.

   (I)   This section shall be enforceable by the town through the Plan Commission, Board of Zoning Appeals, or Zoning Administrator and all the remedies in § 153.61, as hereafter amended, are available to the town.

(Ord. 2017-4, passed 9-5-17) Penalty, see § 153.99