On a corner lot in any Residential, Commercial or Industrial District, except the C-4 Central Business District nothing shall be erected, placed or allowed to grow in such a manner as materially to impede vision between a height of two and one-half feet (21/2') and ten feet (10') above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines twenty five feet (25') from the point of intersection of right-of-way lines. (1983 Code § 11-1-9A)

   A.   Fences, including chain-link, open wood, solid wood, masonry walls, vegetation, metal or ornamental iron, forming a physical barrier on private property, used for any purpose, shall conform to the following requirements:

      1.   General Requirements For All Zoning Districts:

         a.   No fence placed on any lot shall extend over the property line. No fence or obstruction shall be permitted or placed in the public right-of-way.

         b.   The finished side of any fence shall face toward adjoining properties and the public right-of-way. The frame of the fence, including supports, rails and posts shall be placed on the inside of the fence.

         c.   On corner lots, no fence shall obscure a clear view of traffic at intersections or driveways or create a safety hazard to pedestrians or vehicular traffic. A sight triangle of twenty five feet (25') from intersecting property lines is required.

         d.   No fence shall block visibility or access to any fire hydrant from the street. No fence shall be placed within three feet (3') of any fire hydrant.

      2.   Residential Districts: In any Residential Zoning District, fences not exceeding seven feet (7') in height are permitted within the limits of side and rear yards. Fences are permitted in the front yard with a maximum height of four feet (4').

      3.   Residential Corner Lots: Any yard abutting a public street shall be considered a front yard. Residential corner lots contain two (2) front yards, and any fence extending into either front yard shall be a maximum of four feet (4') in height and shall be subject to all other requirements for front yard fences.

      4.   Materials And Maintenance:

         a.   Allowed Materials: Fences are to be constructed of customarily used materials such as chain-link, wood, polyvinyl chloride (PVC), wrought iron, ornamental woven wire, welded wire mesh and other similar materials. Wood fences should be constructed of treated lumber and resistant to decay.

         b.   Prohibited Materials: The use of materials such as sheet metal, chicken wire, temporary construction fencing, snow fencing and other similar materials shall not be permitted for permanent fencing. A fence or wall may not be designed to cause harm to humans or animals. Therefore, the use of spikes, barbed wire, razor wire, nails or electrical charge shall be prohibited unless specified otherwise herein.

         c.   Construction And Maintenance: All fences shall be constructed in a sound and sturdy manner and shall be maintained in a good state of repair, including the replacement of defective parts, painting and other acts required for maintenance. (Ord. 19-07, 7-1-2019)

No lot shall contain any building used in whole or in part for residence purposes unless such lot abuts for at least forty feet (40') on at least one street and there shall be not more than one single-family dwelling for such frontage. The Board of Adjustment may also allow, at its own discretion, the construction of a building to be used in whole or part for residence purposes on a lot which has an exclusive unobstructed private easement of access at least twenty feet (20') wide to a street, for one single-family dwelling, if the Board determines that such construction is not in conflict with the intent of this title. (1983 Code § 11-1-9C)

   A.   Definitions: An "accessory structure", whereas the use of which is incidental to the principal use of another structure on the same premises. This definition includes the following accessory structures and other similar structures and uses normally associated with a residential use of property:

Arbors and covered areas. Permanent, freestanding structures which are covered and may include walls or latticework. All arbors require a building permit.

Barbecues and outdoor fireplaces (permanent). For purposes of this title, barbecues and outdoor fireplaces are permanent structures where cooking and recreation may occur which utilize a heated fire source. A building permit and all applicable electric, plumbing, and utility permits are required. Building permits are not required for nonpermanent or movable structures which do not require connections to utilities.

Carport. An open sided shelter used to cover vehicles, equipment, or other materials. Carports may be temporary or permanent and must meet similar setback requirements as garages. The sides may not be fully enclosed. A building permit is required.

Deck. Any structure that serves as a raised horizontal platform or floor constructed of wood or other materials and adjoins a house. Decks may or may not have a roof structure. The minimum front yard setback allowed for front decks shall be fifteen feet (15') with a maximum size of two hundred fifty (250) square feet. The maximum extension into the front yard shall be determined by the front yard setback. If deck is roofed or enclosed, the setbacks of the primary structure must be met.

Garages. A building or indoor space which is used to park and store vehicles. Other uses for garages may be, but are not limited to, storage, workshops, studios or similar building. All garages require a building permit.

Gazebos. A freestanding structure with a roof that is usually open on the sides. All gazebos require a building permit.

Greenhouse. A structure enclosed by glass, plastic, or other material which is used for the cultivation or protection of plants. Greenhouses do not require a building permit but may require other permits such as electrical, plumbing, etc.

Patio. A recreation area that adjoins a dwelling, is paved or covered with wood, tile or other material, and is adapted especially to outdoor dining. All patios require a building permit.

Porch. A covered area adjoining an entrance to a building. Porches may have attached or separate roofs from the primary structure. Porches require a building permit.

Storage/utility shed. A structure built, manufactured or formed for storage or shelter. Any shed which requires a utility connection also requires a building permit and necessary permits for electric, utility, or other. All sheds require a building permit.

Swimming pools, spas and hot tubs. Any permanent structure which uses water or steam for recreation purposes and requires a utility connection to water, electricity, gas, or any other utility. A building permit is required.

Water fountain. For purposes of this title, a water fountain is any permanent, outdoor structure which requires plumbing and artificially creates a jet or stream of water, often incorporating figures, basins, etc. A building permit is required if the fountain is connected to water, gas, electric or other utility infrastructure.

Workshop. A room, area or small building where manual or light industrial, hobby or recreational work is done. Workshops require a building permit.

Other similar structures.

The accessory structure definition does not include the following:

Basketball hoops (permanent or movable).

Chimneys.

Mechanical equipment (e.g., air conditioning units).

Play equipment (permanent or movable). (Ord. 12-11, 11-5-2012; amd. Ord. 16-07, 12-19-2016; Ord. 17-07, 12-18-2017; Ord. 21-03, 5-3-2021)

   B.   Requirements For All Accessory Structures:

      1.   Relationship To Primary Use: An accessory use and/or structure shall be incidental to the primary residential use of the site, and shall not alter the character of the primary use.

      2.   Appropriate Permits: Property owners must obtain the appropriate permits as outlined in this title prior to construction or installation of any accessory structure.

      3.   Timing Of Installation: An accessory structure shall only be constructed concurrent with or after the construction of the primary structure on the same site except that construction trailers may be placed on a site only for the duration of construction.

      4.   Attached To Principal Building: When an accessory structure is attached to a principal building by a breezeway, roofed passage or similar structure, or is otherwise located within ten feet (10') or less of the principal building it must meet the setback requirements of the principal building. (Ord. 15-12, 8-17-2015)

      5.   Location On The Site: Except as provided by this title, no accessory structure shall occupy a required front yard setback, or project beyond the front building line of the primary structure on the site. Also, no accessory structure will be located in public right-of-way or within a public easement. A private street shall be considered the same as a public street for purposes of this requirement. (Ord. 15-12, 8-17-2015; amd. Ord. 17-07, 12-18-2017)

   C.   Side And Rear Yard Setbacks: All accessory structures, except for accessory structures for residential uses, shall meet the side and rear yard setback requirements of the principal structure. Accessory structures for residential uses shall be set back from the side and rear property line as follows:

      1.   If the structure is eighteen inches (18") or less in height, no setback from the side and rear property line is required;

      2.   If the structure is greater than eighteen inches (18"), a five foot (5') setback from the side and rear property line is required, however, an uncovered deck may have a two foot (2') setback from the side and rear property line; (Ord. 15-12, 8-17-2015)

      3.   No accessory structure greater than eighteen inches (18") in height shall have less than a two foot (2') setback from the side or rear property line. (Ord. 12-11, 11-5-2012; amd. Ord. 17-07, 12-18-2017)

   D.   Lot Coverage: For all single-family and two-family dwellings, the total sum area of all detached accessory structures that have a roof, including all detached garages and sheds, shall not exceed ten percent (10%) of the total lot area. (Ord. 17-07, 12-18-2017)

   A.   Corner Lots: For corner lots, platted or of record after the effective date of this title, the front yard regulations shall apply to each street side of the corner lot except where otherwise noted. (1983 Code § 11-1-9E)

   B.   Building Lines On Approved Plats: Whenever the plat of a land subdivision approved by the Planning and Zoning Commission and on record in the Office of the County Recorder shows a building line along any frontage for the purpose of creating a front yard or side yard line, the building line thus shown shall apply along such frontage in place of any other yard line required in this title unless specific yard requirements in this title require a greater setback. (1983 Code § 11-1-9F)

   C.   Double Frontage Lots: Buildings on through lots and extending through from street to street shall provide the required front yard on both streets. (1983 Code § 11-1-9G)

   D.   Rear Yards Adjacent To Alleys, How Computed: In computing the depth of a rear yard where rear opens on an alley, the yard is measured from the closest edge of the alley. (Ord. 16-07, 12-19-2016)

   E.   Other Exceptions To Yard Requirement: Every part of a required yard shall be open to the sky, unobstructed except as follows:

      1.   Ordinary projections of skylights, sills, belt courses, cornices and ornamental features projecting not to exceed twenty four inches (24"), but no closer than thirty six inches (36") to a property line.

      2.   Ordinary projections of chimneys and flues, not to exceed twenty four inches (24") in width, projecting not to exceed twenty four inches (24"), but no closer than thirty six inches (36") to a property line.

      3.   Roof overhangs projecting not to exceed twenty four inches (24"), except that roof overhangs on the south side of a building may project forty eight inches (48") into side or rear yard, but in no case closer than thirty six inches (36") to a property line.

      4.   Slab type porches or paved terraces having a maximum height of not more than twelve inches (12") above ground elevation at any point may project into any yard except that the projection into the front yard shall not exceed ten feet (10').

      5.   In all R residential districts air conditioning units extending into side or rear yards a maximum of forty eight inches (48"), with air conditioning units including mounting pedestals not to exceed forty eight inches (48") in height above ground elevation, within said side or rear yards; but no closer than sixty inches (60") to a property line.

      6.   Driveways, ramps, sidewalks, and parking lots as otherwise permitted by this title.

      7.   An open deck shall be allowed in any yard so long as it meets all setbacks for the specific yard. (Ord. 15-12, 8-17-2015)

   F.   Front Yard, Exceptions: In areas where some lots are developed with a front yard that is less than the minimum required for the district by this title or where some lots have been developed with a front yard greater than required by this title, the following rule shall apply. Any new building or addition in front thereof shall not be closer to the street right-of-way than the average of the front yards of buildings within two hundred feet (200') measured from building to building, except as follows:

      1.   Buildings located entirely on the rear half of a lot shall not be counted.

      2.   No residential dwelling shall be required to have a front yard greater than seventy five feet (75') nor less than fifteen feet (15').

      3.   No commercial building shall be required to have a front yard greater than fifty feet (50') nor less than twenty feet (20') except within the C-4 Central Business District.

      4.   If no building exists on one side of a lot within two hundred feet (200') of the lot in question, the front yard shall comply with the zoning regulating the specific site.

   G.   Bulk Regulations For Heritage Buildings: For buildings which are fifty (50) years or older, the zoning administrator may relax any bulk regulations necessary to facilitate rehabilitation provided that:

      1.   The proposed work is designed to enhance the original character of the building.

      2.   The proposed work does not negatively affect the amenity of adjacent properties and the surrounding neighborhood. (Ord. 16-07, 12-19-2016; amd. Ord. 25-07, 4-7-2025)

All parabolic or dish type antennas located outside of a building or structure shall meet the following requirements: (1983 Code § 11-1-9K)

   A.   Maximum number per residential unit: One (i.e., single- family unit - 1 antenna, two-family unit - 2 antennas, multi- family unit - 1 antenna per residential unit in the complex, etc.). (Ord. 15-02, 2-2-2015)

   B.   Maximum height: Fifteen feet (15').

   C.   Maximum diameter: Eleven feet (11').

   D.   Minimum setback from all property lines of lot: Ten feet (10').

   E.   No antenna may be located in a front yard. (1983 Code § 11-1-9K)

Home occupation that is customarily incidental to the principal use of a building as a dwelling. Any question of whether a particular use is permitted as a home occupation, as provided herein, shall be determined by the zoning administrator pursuant to the following provisions of this title. The regulations of this section are designed to protect and maintain the residential character of established neighborhoods while recognizing that certain professional and limited business activities have traditionally been carried on in the home. This section recognizes that, when properly limited and regulated, such activities can take place in a residential neighborhood or the structure.

   A.   Use Limitations: In addition to all of the use limitations applicable to the district in which it is located, no home occupation shall be permitted unless it complies with the following restrictions:

      1.   No more than one full time equivalent employee who is not a resident on the premises shall be employed.

      2.   No more than twenty five percent (25%) or four hundred (400) square feet of the floor area of the dwelling unit, whichever is less, shall be devoted to the home occupation.

      3.   No alteration of the principal residential building shall be made which changes the character and appearance thereof as a dwelling.

      4.   No stock of goods shall be displayed or sold on the premises in excess of thirty (30) cubic feet in volume.

      5.   The home occupation shall be conducted entirely within the principal dwelling unit or in a permitted building accessory thereto, and in no event shall such use be apparent from any public way.

      6.   There shall be no outdoor storage of equipment or materials used in the home occupation.

      7.   No more than one vehicle used in commerce in connection with any home occupation shall be parked on the property, said vehicle shall be stored within a garage when not in use.

      8.   No mechanical, electrical or other equipment which produces noise, electrical or magnetic interference, vibration, heat, glare or other nuisance outside the residential or accessory structure shall be used.

      9.   No home occupation shall be permitted which is noxious, offensive or hazardous by reason of vehicular traffic, generation or emission of noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation or other objectionable emissions. (1983 Code § 11-1-9L)

      10.   See chapter 17 of this title for sign regulations. (Ord. 12-12, 11-5-2012)

   B.   Home Occupations Permitted: Customary home occupations include, but are not limited to, the following list of occupations; provided, however, that each such home occupation shall be subject to the use limitations set out in A-1, R-1, R-2 and R-3 residential districts:

      1.   Providing instruction to not more than four (4) students at a time.

      2.   Office facilities for accountants, architects, brokers, engineers, lawyers, insurance agents and real estate agents.

      3.   Office facilities for ministers, priests and rabbis.

      4.   Office facilities for salesmen, sales representatives and manufacturer's representative when no retail or wholesale sales are made or transacted on the premises.

      5.   Studio of an artist, photographer, craftsman, writer or composer.

      6.   Beauty parlor and barbershop when conducted solely by resident occupants.

      7.   Homebound employment of a physically, mentally or emotionally handicapped person who is unable to work away from home by reason of his or her disability. (1983 Code § 11-1-9L)

In this section the word "litter" means and includes, garbage, trash, refuse, junk, brush, inoperative machinery or other waste material, the phrase "otherwise lawful" means in compliance with applicable zoning district regulations and with all rules, regulations, ordinances, conditions, permits, and licenses applicable to the property or activity, whether arising from this title or any other ordinance.

   A.   Except as provided in this section:

      1.   No persons shall throw or deposit litter on any vacant or occupied property whether owned by such person or not.

      2.   The owner or person in control of any private property shall, at all times, maintain the premises free of litter.

   B.   It shall be lawful:

      1.   To accumulate or store nonputrescible litter in a sightproof structure or container.

      2.   To accumulate or store litter produced as an incident of the otherwise lawful use of the same premises where stored, where such storage is pending removal or disposal and does not exceed seven (7) days, provided the litter is placed or stored in a container or otherwise screened from the view of persons upon adjacent property or rights of way.

      3.   To operate an otherwise lawful, sanitary landfill, building demolition material site, vehicle or machinery repair facility, construction material stockpile, sewage treatment facility, salvage yard or junkyard.

      4.   To store material to be used in an otherwise lawful agricultural or nursery operation on the premises devoted to such use. (1983 Code § 11-1-9M)

See chapter 17 of this title for sign regulations. (Ord. 12-12, 11-5-2012)

During special events the following activities are permitted uses in addition to activities otherwise allowed under the zoning ordinances, subject to the applicable requirements of this code and the conditions provided in this title:

   A.   Food And Beverage Service Areas: Temporary food and beverage service areas as defined by section 3-3-1 of this code.

   B.   Racing Souvenirs: Racing related souvenir vendors, subject to the following conditions and requirements:

      1.   Vendors shall operate only during the special event periods which shall include one day before, up to and including one day after scheduled racing events at the Marion County Fairgrounds.

      2.   Vendors shall obtain and display required permits or licenses as required by this code.

      3.   All merchandise displayed and sold during special events shall be primarily of a racing souvenir nature.

      4.   Under no circumstances shall a vehicle, van or display trailer be closer than fifteen feet (15') from any main, private or commercial driveway or entrance.

      5.   No vendor shall be permitted to have signs otherwise prohibited by these zoning ordinances, except that signs permanently affixed to or painted on merchandise, vehicles or trailers are not prohibited.

   C.   Prohibited Acts: The following, however, are prohibited acts during special events:

      1.   No person, vendor or business shall sell to any person situated in a motor vehicle upon any public street, alley, driveway access or public way.

      2.   No person shall conduct a transient sale or a temporary commercial activity with a display height in excess of fifteen feet (15').

      3.   No person, vendor or other business shall display wares or product in such a manner as to prevent its displacement by weather conditions.

      4.   No private property owner or lessee shall allow, permit or authorize any person, vendor or business to conduct a temporary commercial activity without the license required by this code.

      5.   No private property owner or lessee shall allow, permit or authorize the use of any property within the control of the private property owner or lessee in violation of any of the provisions of this title. (1983 Code § 11-1-9O)

      6.   The setback along Highway 14 shall be at least twenty five feet (25') from the property lines in those areas designated as being in the "special events district" as defined herein. All other streets in the special events district shall have a ten foot (10') setback requirement. The city manager, zoning administrator, or the city manager's designee shall have the authority to allow exceptions to the setback requirements when circumstances make the setback requirements impractical or unreasonable to enforce. (Ord. 99-07, 4-5-1999)

Temporary storage containers, including, but not limited to, storage box shipping containers, storage moving "pods", or any other similar portable storage containers, whether with or without wheels, and whether with or without a chassis, may only be placed upon a residential or commercial property for a period not to exceed fourteen (14) days in any consecutive twelve (12) month period. No more than one such temporary container can be placed on a property during any twelve (12) month period. This section shall not apply to prefabricated garden sheds or similar structures specifically designed and intended for use on properties for storage purposes and which comply with all city ordinances applicable to detached accessory structures.

Temporary storage containers are allowed on industrial properties.

Any temporary storage container existing on any property in the city on January 1, 2017, shall either be removed from such property, or brought into compliance with the provisions of this section within sixty (60) days of January 1, 2017. (Ord. 16-07, 12-19-2016)