Single-family dwellings constructed and used as accessories to the primary dwelling on the property (otherwise commonly known as "mother-in-laws quarters" and "granny flats") shall be either: (a) attached to, and designed and constructed as part of the primary structure; or (b) located above a detached garage or workshop. In no case may any accessory dwelling exceed 850 square feet in living area.

(Ord. 121410, passed 1-11-2011)

   Child day-care homes shall meet the definition established by I.C. 12-7-2-28.6 and shall be consistent with all applicable regulations of the State of Indiana.

(Ord. 121410, passed 1-11-2011)

   All amateur radio antenna, CB radio antenna, antenna for receiving television signals, antenna for receiving radio signals, and all other personal broadcasting equipment shall meet the following requirements:

   (A)   Location. No antenna (including anchors or supports) shall be located in any front or side yard.

   (B)   Height. No amateur radio tower shall exceed 48 feet in height from ground level or five feet in height above the highest point of the roof of the primary structure, whichever is greater. Amateur radio towers shall be permitted to exceed these height requirements if a determination is made by the Board of Zoning Appeals, through the development standard variance process, that the increased tower height is technically necessary to successfully engage in amateur radio communications.

(Ord. 121410, passed 1-11-2011)

   Where park and recreation facilities are permitted, customary accessory uses and structures including but not limited to restrooms, groceries, refreshment stands, restaurants, laundries, and sporting goods sales are also permitted, subject to the following standards:

   (A)   Area. The maximum cumulative area occupied by accessory uses and structures, including any parking intended for accessory structure use that is separate from park and recreation area primary parking, shall not exceed 10% of the park and recreation site.

   (B)   Subordinate role. The accessory uses and structures shall be subordinate to the recreational character of the development.

   (C)   Design focus. The accessory uses and structures shall be located, designed and intended to serve only the needs of the park and recreation facility.

   (D)   Visibility. The accessory uses and structures shall present no visible evidence of their business nature to areas outside the park or recreation park facility.

   (E)   Parking. Parking for accessory uses and structures shall be consistent with the parking standards of this chapter.

   (F)   Waste containers. All dumpsters and other waste containers shall be screened consistent with § 154.120, Buffering and Screening Standards, of this chapter.

(Ord. 121410, passed 1-11-2011)

   In no instance shall a business equipped with a drive-thru be permitted by right. Any business with a drive-thru shall be required to obtain a special exception use permit granted by the Board of Zoning Appeals.

(Ord. 121410, passed 1-11-2011)

   Any 24-hour business must obtain a special exception use permit from the Board of Zoning Appeals. For the purposes of administering and enforcing this chapter, a 24-hour business shall be defined as a commercial establishment, other than a hospital, that operates anytime between the hours of 11:00 p.m. and 6:00 a.m.

(Ord. 121410, passed 1-11-2011)

   The establishment of any fire arm sales shop shall be prohibited if such business is within 200 feet of the property line of any school. The distance between a gun shop and any school shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the gun shop to the nearest property line of any school. If any gun shop is part of or included within a building or structure containing multiple commercial uses, only the portion of the building or structure occupied by such gun shop shall be included in determining the closest exterior wall of the establishment.

(Ord. 121410, passed 1-11-2011)

   All adult uses shall be located a minimum of 1,000 feet from any church, school, park, child care home or child care center, residentially zoned district, public or cultural facility (such as Town Hall, libraries, and the like), or any established adult use. The distance shall be measured in a straight line, without regard to intervening structures or objects, from the closest property lines of the lot on which each use is located.

(Ord. 121410, passed 1-11-2011)

   (A)   Purpose and intent. The purpose of these residential standards is to: (1) provide minimum requirements for residential facilities; and (2) establish the unique standards for new residential developments. This section also establishes requirements for residential facilities for the developmentally disabled and mentally ill that minimizes conflicts with other uses and permits the establishment of such facilities consistent with I.C. 12-28-4-7.

   (B)   Residential facility standards for the mentally ill. Residential facilities for the mentally ill shall be permitted as prescribed by the Official Schedule of Uses (see Chapter 154, Appendix A). All such facilities shall be required to comply with all licensing and operational standards of the State of Indiana.

      (1)   Exclusion prohibited. In no instances shall a residential facility for the mentally ill be prohibited from locating, expanding, or operating in a residential area solely because the facility is a business or because the individuals residing in the facility are not related.

      (2)   Separation. A residential facility for the mentally ill may be excluded from a residential area if the residential facility will be located within 3,000 feet of another residential facility for the mentally ill, as measured between lot lines.

   (C)   Residential facilities for the developmentally disabled. Residential facilities for the developmentally disabled Type I shall be a permitted as prescribed by the Official Schedule of Uses. Residential facilities for the developmentally disabled Type I are defined as those that are not designed for, nor accommodate more than eight developmentally disabled individuals. Type II facilities accommodate more than eight developmentally disabled individuals (consistent with I.C. 12-28-4-7).

(Ord. 121410, passed 1-11-2011)

   (B)   Community structure. In multi-family developments with more than 300 dwelling units, the development plan shall include provisions for a civic or semi-public use, such as a clubhouse or swimming pool, which shall be made available to all property owners within the development. Any civic or semi-public building shall have a ground floor area of no less than 2,000 square feet and comply with the same architectural guidelines and covenants which are applicable to the residences proposed for the development.

   (C)   Public safety. In multi-family developments the petitioner/developer shall submit the development plan to the governing fire agency for review to determine if the plan shall include provisions to preserve land for future fire structures. If the fire agency so determines that a need exists for land, the Plan Commission may require, the petitioner to include in the plans of the development, such reserved land areas up to two acres. At such time as that land is platted, the developer shall include the land in the plat and deed the land to the governing fire agency within 60 days thereafter, or upon taking title of the land.

   (D)   Community amenity. Multi-family developments greater than 120 and less than 239 acres shall include provisions for public recreation such as baseball fields, soccer fields, basketball court, tennis courts, fitness trails and the like. The land set aside for such uses shall be a minimum of five acres and shall increase five acres for each additional 120 acres that the gross number of acres exceeds 239 acres. The park land shall be transferred to the McCordsville Park Board upon recording the plat for the area upon the consent of the Board. If at the time of recordation of the plat, the Park Board does not accept the transfer of the park, the land shall be deeded to the homeowners association for maintenance and control. After five years from the date of recordation, if the Park Board does not formally request title to the land, the homeowners association shall use the land for the benefit of the development as set forth above. The use may include park amenities, sports fields, trails, community buildings and other uses which meet the intent of this section of the ordinance and shall be consistent with all applicable zoning commitments, codes and regulations.

   (E)   Block length. The maximum length of a block of residences along a perimeter of the development, excluding frontage along a public road, shall not exceed 500 feet. Acceptable block breaks include a future street stub; neighborhood park a minimum of 100 feet in width; lot configuration which causes the residence orientation to be altered a minimum of 60 degrees; change in building minimum standards which alter the rear elevations of the residences to give the appearance of a block change (roof line changes, rear wall alignment).

   (F)   Street interconnectivity. In all developments there shall be a plan for vehicular connections into undeveloped tracts or parcels of land. Streets designed for future extensions shall have public rights-of-way platted to the developer's property line so as not to create future rights-of-way takings or purchases upon extension. A barricade shall be constructed on the extension to prevent accidental passage into undeveloped areas.

   (G)   Driveway. Driveways on corner lots in multi-family developments shall be handed in the opposite side from the intersection of the street rights-of-way lines.

   (H)   Mailboxes. The subdivision covenants of a multi-family residential development shall establish a uniform design and specification for all mailboxes. The design and specifications shall be done in accordance with the U.S. Postal Service regulations. Further, all municipal regulations for the placement of mailboxes shall be adhered to.

   (I)   Landscaping. Refer to § 154.119, Landscaping Standards, of this chapter.

(Ord. 121410, passed 1-11-2011; Ord. 041216-A, passed 4-12-2016)

   (A)   Purpose and intent. The purpose of these home occupation standards is to establish minimum requirements for home-based businesses in order to protect the residential character of the McCordsville Community, preserve property values, and prevent the hazards to persons and property that can result from residential-commercial land use conflicts.

   (B)   Applicability. A home occupation may be permitted, subject to Board of Zoning Appeals approval of a special exception use, as an incidental use to any residential dwelling. In order to be considered a permitted home occupation, the use shall comply with the requirements of this section.

   (C)   Activities. The face-to-face wholesale/retail sale of stocked inventories is not permitted, except for incidental sales that do not exceed 25% of total home occupation sales. Mail-order/telephone/internet sales, as well as distribution of sold merchandise, is hereby permitted. Manufacturing activities are hereby expressly prohibited.

   (D)   Effects of operation. There shall be no equipment or process used in the home occupation that creates noise, vibration, glare, smoke, fumes, odors, or electrical interference that is detectable, without the aid of instruments, off the premises (as determined by the Administrative Officer, or his or her designee). There shall be no electrical or mechanical equipment utilized in the home occupation that will create any visual or audible interference with radio or television reception.

   (E)   Owner/operator. At least one person residing within the dwelling must be the primary operator of the home occupation.

   (F)   Employees. The home occupation may not involve the on-site employment or regular on-site gathering of any more than one person, other than those residing at the location of the home occupation.

   (G)   Outdoor storage/display. There shall be no exterior storage of products, equipment or materials that are related to the home occupation.

   (H)   Business area. The home occupation may be located within the dwelling and/or an accessory structure, but shall not exceed a total area of 500 square feet. The home occupation must utilize no more than 25% of the total floor area of the dwelling.

   (I)   Structural alterations. The home occupation must not require any structural or aesthetic alterations to the dwelling and/or accessory structure that changes its residential character as described below:

      (1)   Dwelling appearance. The dwelling and/or accessory structure shall not be altered in its appearance and the home occupation shall not be conducted in such a manner as to differentiate the dwelling from the residential character of the area by the use of colors, materials, construction, or lighting.

      (2)   Entrances. The home occupation shall not require any additional entrances to the dwelling and/or accessory structure.

      (3)    Utility service. The home occupation shall not require increasing or enhancing the size, capacity, or flow of the water, gas, waste treatment, or electrical systems beyond what is standard for a residence. Illegal discharge to the town's sanitary or stormwater sewers is expressly prohibited.

      (4)   Interior alterations. There shall be no alterations to the interior of the dwelling to accommodate the home occupation that would render the structure undesirable for residential use, as determined by the Administrative Officer, or his or her designee.

   (J)   Parking and business vehicles. The home occupation shall not involve on-site customers, employees, meetings, or other events that necessitate the installation of any off-street parking spaces in addition to those required of the dwelling unit by this chapter. In addition, the on-site storage of business vehicles shall meet the requirements of this chapter.

   (K)   Deliveries. The home occupation must not require the regular use of commercial vehicles for pickup and deliveries, other than those from the U.S. Postal Service or other small package carriers. For the purposes of this chapter a commercial vehicle is any vehicle in excess of 16,000 pounds.

   (L)   Signs. No signs of any type shall be used, other than those permitted in the applicable zoning district by §§ 154.140 through 154.148, Sign Standards, of this chapter.

   (M)   Home occupations which comply with the list below are permitted by a home occupation permit and are not required to receive a special exception from the BZA.

      (1)   Compliant with divisions (C) through (L) of this section, and as further restricted below:

      (2)   No signage;

      (3)   No on-site sales;

      (4)   No operator/employee that is not an owner in the property;

      (5)   No storage or parking of business vehicles; and

      (6)   No customer visits.

(Ord. 121410, passed 1-11-2011; Ord. 010819, passed 2-12-2019)

      (1)   Abandonment. Abandoned or unused wireless support structures or portions of wireless support structures shall be removed. The owner of a wireless facility shall file annually a declaration with the Administrative Officer or his or her duly authorized designee as to the continuing operation of every facility installed subject to these regulations. In addition, the owner shall file annually a certificate of insurance from the owner’s insurance carrier listing the town and the Town Council as additional insureds for the purposes of general liability with regard to bodily injury, personal injury and property damage from all possible risks in an aggregate amount of not less than $5,000,000 per incident with a further provision that the insurance carrier shall notify the Town Council 30 days in advance of either cancellation and/or non-renewal of the policy of insurance. Failure to do any of the above requirements shall be determined to mean that the facility is no longer in use and considered abandoned, thus subject to the following:

         (a)   In any commercial zoning district the maximum height of the wireless support structure shall be 150 feet. The maximum height of any accessory structure shall be 15 feet.

         (b)   In any industrial zoning district the maximum height of the wireless support structure shall be 200 feet. The maximum height of any accessory structure shall be 15 feet.

         (c)   In any residential district the maximum height of the wireless support structure shall be 100 feet. The maximum height of any accessory structure shall be 15 feet.

      (9)   Setback. The minimum front, side, and rear yard setback for all wireless support structures shall be a minimum of the area within which the wireless support structure is designed to collapse, as set forth in the applicant’s engineering certification for the wireless support structure. No part of a wireless telecommunications facility, including the equipment compound, security fence, any required guide wires or bracing shall be permitted in the required setback of the applicable zoning district. Landscape screening may be provided in the setback area.

         (a)   The placement or installation of new wireless facilities on existing structures that include a wireless facility or a wireless support structure, including water towers and other buildings or structures. This includes the placement, replacement, or modification of wireless facilities within an approved equipment compound.

         (b)   In addition to the requirements provided elsewhere in this chapter, applications for collocation shall include the following:

            1.   The name, business address, and point of contact for the applicant.

            2.   The location of the proposed or affected wireless support structure.

            3.   Evidence of conformance with applicable building permit requirements.

         (a)   The installation or mounting of a wireless facility on a wireless support structure in a manner that:

            1.   Increases the height of the wireless structure by the greater of:

               A.   Ten percent of the original height of the wireless support structure; or

               B.   Twenty feet.

            2.   Adds an appurtenance to the wireless support structure that protrudes horizontally from the wireless support structure more than the greater of:

               A.   Twenty feet; or

               B.   The width of the wireless support structure at the location of the appurtenance; or

               C.   Increases the square footage of the equipment compound in which the wireless facility is located by more than 2,500 square feet.

         (b)   Any substantial modification that increases height, width, adds an appurtenance, or increases the size of the equipment compound requires a special exception from the Board of Zoning Appeals (BZA).

         (c)   In addition to the requirements provided elsewhere in this chapter, applications for substantial modifications to wireless support structures shall include the following:

            1.   The name, business address, and point of contact for the applicant.

            2.   The location of the proposed or affected wireless support structure.

            3.   A construction plan that describes the proposed wireless support structure and all equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment. Such plan shall be provided by a professional engineer licensed in the State of Indiana, and include the engineer's stamp and registration number.

            4.   If a special exception is required by this chapter, evidence showing that the application complies with the criteria set forth in this chapter with respect to the special exception.

         (a)   The installation of any new wireless support structure(s) shall be reviewed either by the Administrative Officer in the case of a permitted use or by the Board of Zoning Appeals as a special exception use consistent with the provisions of this chapter.

         (b)   In addition to the requirements provided elsewhere in this chapter for the receipt of a special exception use approval and an improvement location permit, applications for new wireless support structures or a complete replacement of an existing wireless support structure with a new wireless support structure shall include the following:

            1.   The name, business address, and point of contact for the applicant.

            2.   The location of the proposed or affected wireless support structure.

            3.   A construction plan that describes the proposed wireless support structure and all equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment. Such plan shall be provided by a professional engineer licensed in the State of Indiana, and include the engineer’s stamp and registration number.

            4.   Evidence supporting the choice of location for the proposed wireless support structure, including a sworn statement from the individual responsible for the choice of location demonstrating that collocation of wireless facilities on an existing wireless support structure was not a viable option because collocation:

               A.   Would not result in the same wireless service functionality, coverage, and capacity;

               B.   Is technically infeasible; or

               C.   Is an economic burden to the applicant.

            5.   If a special exception is required by this chapter, evidence showing that the application complies with the criteria set forth in the chapter with respect to the special exception.

         (a)   New small-cellular facilities shall be monopole design constructed to support the initial user and at least one additional user.

         (b)   A proposal for a new wireless support structure or wireless facilities shall not be approved unless the petitioner submits an affidavit that the telecommunications equipment planned for the proposed structure cannot be accommodated on an existing or approved utility pole, electrical transmission tower, other wireless support structure, or other structure due to one or more of the following reasons:

            1.   The planned telecommunications equipment would exceed the structural capacity of the existing or approved utility pole, electrical transmission tower, other wireless support structure, or other structure as documented by a qualified and licensed professional engineer and the existing or approved utility pole, electrical transmission tower, other wireless support structure, or other structure cannot be reinforced, modified, or replaced to accommodate the planned telecommunication equipment at a reasonable cost;

            2.   The planned telecommunications equipment would cause interference impacting the usability of other existing telecommunication equipment at the site if placed on existing structures. Supportive documentation by a qualified and licensed professional engineer indicating the interference cannot be prevented at a reasonable cost;

            3.   The existing or approved utility pole, electrical transmission tower, other wireless support structure, or other structure within the search radius cannot accommodate the planned telecommunication equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer;

            4.   Other unforeseen reasons make it unfeasible or impossible to locate the planned telecommunication equipment upon an existing or approved utility pole, electrical transmission tower, other wireless support structure, or other structure; or

            5.   The petitioner has been unable to enter a commonly reasonable lease term with the owners of existing or approved utility pole, electrical transmission tower, other wireless support structure, or other structure.

         (c)   The overall maximum antenna and tower height shall be 50 feet from grade level.

         (d)   The minimum tower separation shall be 1,000 feet between any other support structures primarily used for telecommunications, as measured in any direction between support structures, not necessarily a dimension measured parallel to a road right-of-way.

         (e)   Support structures must be metal or fiberglass monopoles matching the design and color of the town's non-residential street lights, as amended. The town reserves the right to require luminaires on support structures that match the town's street light luminaire specifications. Such luminaires shall be maintained in good working order, be illuminated consistent with the timing of other street lights along the corridor, at the cost of the applicant, including the cost of electricity.

         (f)   Any antenna equipment mounted to the support structure shall also be matching in color to the support structure.

         (g)   All facility equipment at a single facility (with the exception of the antenna itself) shall be ground mounted in a cabinet having an area not to exceed 40 cubic feet and no greater than 48 inches in overall height. Under special circumstances, contingent upon a mutual agreement, the town may allow a pole mounted cabinet with dimensions not exceeding 20 inches by 20 inches by six inches (20" x 20" x 6"), ground mounted cabinet not to exceed two feet by two feet by one foot (2' x 2' x 1') and other considerations, such as, but not limited to, the addition of shrouding and landscaping to mitigate the visual impact of the equipment. If a mutual agreement cannot be reached, then the town Public Works Committee shall intervene and make a determination.

         (h)   All support structures shall have a plaque identifying the structure, the owner, and the owner's contact information; said plaque shall not exceed 0.25 square feet.

         (i)   All support structures shall avoid conflicts with sidewalks, multi-use trails, and other roadway and utility infrastructure.

         (j)   All conduit, wiring and fiber shall be concealed within the support structure and/or shall be buried underground. All new electrical service lines to the support structure and/or equipment shall also be underground. Existing aerial electrical service lines may remain. Under no circumstance shall any service drop crossing a street or roadway be run in any manner other than underground via a bore.

         (k)   Wireless support structures and facilities shall be designed to blend into the surrounding environment through the use of color, camouflaging and architectural treatment. The entire facility shall be aesthetically and architecturally compatible with its environment. The use of materials compatible with the surrounding environment is required for associated support structures, which shall be designed to architecturally match the exterior of residential or commercial structures within the neighborhood or area. Specific requirements for aesthetics of the wireless support structures and facilities shall be in accordance with the standards established by the Public Works Committee, from time to time.

               a.   The name, business address, email address, telephone number, and point of contact for the applicant;

               b.   The location address, and Latitude and Longitude of the proposed or affected wireless support structure or wireless facility, and identify all small cell towers within 1,500 feet of the proposed new support structure;

               c.   A small cell facility construction plan, as defined herein, that describes the proposed wireless, support structure and all equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment sufficient to determine compliance with these standards; and

               d.   Evidence supporting the choice of location, including, without limitation:

                  (i)   Maps or plats showing the proposed location(s) of applicant's proposed wireless support structure; and

                  (ii)   A sworn statement from the individual responsible for the choice of location demonstrating that collocation of wireless facilities on an existing wireless support structure was not a viable option based upon documentation by a qualified and licensed professional engineer.

               a.   The name, business address, email address, telephone number, and point of contact for the applicant;

               b.   The location of the proposed or affected wireless support structure or wireless facility;

               c.   Evidence of conformance with applicable building permit requirements; and

               d.   Evidence from a qualified and licensed professional engineer demonstrating the existing support structure can handle the additional equipment.

         (a)   All applicable provisions of the town's municipal code, zoning ordinance, subdivision control ordinance, and all other town ordinances, as amended.

         (b)   All applicable provisions of the Federal Communications Commission (FCC).

         (c)   All applicable provisions of the Building Code of the State of Indiana, as amended.

         (d)   All wireless facilities and support structures shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the Uniform Building Code, as amended, and the Electronics Industry Association.

         (e)   All wireless facilities and support structures shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electric Code, as amended.

         (f)   All wireless facilities and support structures shall be constructed to conform with the requirements of the Occupational Safety and Health Administration (OSHA).

         (g)   All wireless facilities and support structures shall be designed and constructed to all applicable standards of the American National Standards Institute (ANSI) manual, as amended.

(Ord. 121410, passed 1-11-2011; Ord. 111114, passed 11-11-2014; Ord. 041216-A, passed 4-12-2016; Ord. 101116-A, passed 10-11-2016)

   (A)   Purpose and intent. The purpose of these industrial operation standards is to minimize the conflicts between industrial uses and other land uses and to protect persons and property from the possible negative impacts of industrial operations.

   (B)   Applicability. All industrial uses shall be in compliance with any and all applicable requirements of the state and federal governments (including the standards of the Occupational Safety and Health Administration - OSHA). No industrial use shall exhibit obnoxious characteristics to the extent that it constitutes a public nuisance defined by and subject to this chapter. In cases where the requirements of this chapter are in conflict with other applicable requirements, the most restrictive shall apply.

   (C)   Exemptions. The following uses, activities, and circumstances shall be exempt from the standards established by this section:

      (1)   Construction and maintenance. Site preparation or the construction, maintenance, repair, alteration, or improvement of structures, equipment or other improvements on or within the lot lines of the subject property.

      (2)   Motor vehicles. The operation of motor vehicles for the transportation of personnel, material, or products.

      (3)   Public safety alerts. Public safety sirens and related apparatus used solely for public purposes and/or necessary for the protection of life, limb, or property.

   (D)   Interpretation. The industrial standards established by this section provide general guidelines for discussing expectations with new and expanding industrial operations. Where applicable the determination of compliance of industrial operations with the requirements of this section shall be determined by the Advisory Plan Commission, Board of Zoning Appeals, or Administrative Officer when consistent with the petition review processes established by this chapter.

   (E)   General standards. All uses placed into operation after the effective date of this chapter shall comply with all federal and state standards, as well as the following general standards in the interests of protecting public health, safety, and general welfare and lessening potential damage to property. No use in existence on the effective date of this chapter shall be altered or modified in a manner that conflicts with these standards.

      (1)   Fire and explosive hazards. Firefighting equipment and prevention measures shall be subject to the approval of the governing fire agency and shall be readily available and apparent when any activity involving the handling and storage of flammable or explosive materials is conducted.

      (2)   Noise. No use on a property shall create a production or operational noise, or combination of noises that are detectable without the aid of instruments at the boundary line of any residential or commercial zoning district.

      (3)   Odor. No use on a property shall emit any objectionable odor, or combination of odors, that is detectable without the aid of instruments at the boundary line of any residential or commercial zoning district.

      (4)   Vibration. No use on a property shall cause any objectionable vibrations or concussions that are detectable without the aid of instruments at the property lines of the lot on which the use is located.

      (5)   Glare and heat. No use on a property shall produce any glare or heat that is detectable without the aid of instruments at the property lines of the lot on which the use is located. All outdoor lighting shall be exempt from these industrial standards, but shall comply with the exterior lighting standards of this chapter.

      (6)   Noxious or toxic materials. No use on a property shall accumulate or discharge outside any building materials, gases and fluids generally known to be toxic or noxious. Such uses shall also comply with all applicable regulations of the Hancock County Board of Health.

      (7)   Waste materials. No use on a property shall accumulate on the lot, or discharge beyond the lot lines any waste matter in violation of the applicable standards and regulations of the Hancock County Board of Health and/or Indiana State Board of Health.

      (8)   Water pollutants. No use on a property shall discharge any material, whether liquid, solid or gas, into public waters without any required approvals of the Hancock County Board of Health and/or Indiana State Board of Health.

(Ord. 121410, passed 1-11-2011)

   Figure 1: Attached Front Load Garage A

   Figure 2: Attached Front Load Garage B

   Figure 3: Detached Front Load Garage

   Figure 4: Detached Rear Load Garage

   Figure 5: Attached Side Load Garage A

   Figure 6: Attached Side Load Garage B

   (B)   The keeping of horses is permitted in the R-l, R-2, and R-3 Zoning Districts only, with the following requirements:

      (1)   The minimum property size shall be two acres for the first horse, and an additional acre for each horse thereafter.

      (2)   Pasture areas shall be properly fenced, provided that any fencing in a front yard does not exceed five feet and is transparent.

   (C)   The keeping of farm animals such as chickens, ducks, goat, sheep, pigs, cows, or other animals as determined by the Director, may be permitted on a property of at least five acres in the R-l, R-2, and R-3 Zoning Districts. Furthermore, farm animals shall be classified into two categories, small farm animals and large farm animals. Farm animals who have not reached mature adulthood shall not count against any animal quantity restrictions. For the purpose of this section, small farm animals are chickens, ducks, pygmy goats, and the like. Large farm animals are cows, pigs, sheep, goats, llamas, donkeys, and the like. Farm animal quantities shall be limited as follows:

      (1)   The keeping of small farm animals shall be limited to three small farm animals per acre.

      (2)   The keeping of large farm animals shall be limited to one large farm animal per acre.

      (3)   Structures, kennels, stalls, coops, pens, and other elements to house farm animals on the immediate surrounding property controlling the movement of those farm animals shall be considered confinement areas and limited in size. Confinement areas shall be limited to 10% coverage of the total lot area of the property. Confinement areas shall not be in a front yard.

      (4)   Small farm animal confinement areas shall be a minimum of 50 feet from any side or rear property line.

      (5)   Large animal confinement areas shall be a minimum of 100 feet from any side or rear property line. Pastures for cattle shall not be considered a confinement area. Fencing for cattle pasture shall be a minimum of ten feet from any side or rear property, and 30 feet from any front property line. Front yard fencing shall be limited to five feet in height.

   (D)   Under no circumstance shall the provisions of this section be interpreted to allow a confined animal feeding operation or the like. These standards do not apply to an existing legal, non-conforming farm animal use.

(Ord. 111020C, passed 12-8-2020)

   (A)   Outdoor dining areas shall be adjacent to their occupied space.

   (B)   Outdoor dining shall be accessed through the primary occupied space.

   (C)   The dining area shall be enclosed by a fence or wall enclosure that is complementary to the architecture of the primary structure and shall be no less than 30 inches and no more than four feet tall.

   (D)   Shall maintain a minimum five foot sidewalk around the perimeter of the outdoor dining area that leads to entrances, parking, or other points of interest for pedestrians.

   (E)   Landscaping in the form of planter beds, large pots, hanging baskets, or the like shall be incorporated, subject to the approval of the Zoning Administrator.

(Ord. 111020C, passed 12-8-2020)

   The purpose and intent of this section is to require property identification for buildings within the town for public safety and emergency response purposes and set enforcement provisions for failure to display identification. These standards are not considered a sign as described in the town's Sign Ordinance.

   (A)   The assigned street address of a building shall be displayed in such a manner so that the numerals can readily be seen from the street. The size of the numerals shall comply with the applicable standards required by the Building Code. However, the minimum numeral height for a non-residential building shall be eight inches, or as otherwise required by the Fire Marshall during the plan review process.

   (B)   Any dwelling or commercial building that abuts an alley or secondary access that could be used by motor vehicles shall not only display the premises identification on the front but shall also display its premises identification visible from the alternate access to the property.

   (C)   Any structure with a main entrance that is not directly accessible or visible from any roadway or parking lot shall also display the premises identification at the main entrance.

   (D)   Any structure for which there exists a ground or monument sign shall also display the premises identification on the ground or monument sign.

   (E)   When the numerals representing premises identification are removed or become illegible, such numerals shall be renewed or replaced by the owner or occupant of the building within ten business days.

   (F)   The provisions of this section requiring premises identification shall apply to all existing residential and non-residential structures within the town.

   (G)   The surface area devoted to these provisions does not count toward the sign area allocations in the town's Sign Ordinance.

(Ord. 111020C, passed 12-8-2020)

   The town encourages the incorporation of public art in all development and projects. Public art should aim to have the highest aesthetic standards by enabling artists to create original and sustainable artwork, with attention to design, materials, construction, and location. The following criteria should describe the public art sought by the town.

   (A)   Public art shall be in keeping with the best practices in maintenance and conservation.

   (B)   Public art should generate visual interest by creating focal points, meeting places and landmarks that will enhance the town's image.

   (C)   Public art should enliven and enhance the unique quality of sense of place, within the development or community.

   (D)   Public art should foster common currency for social and economic exchange between residents and attract visitors by ensuring that they have access to visual 'clues' that will help them navigate and embrace a potentially unfamiliar environment.

   (E)   Public art is expected to be integrated into the overall design of the larger civic context in which it is placed.

   (F)   Public art should illuminate the character, community, geography, history and environment found in the town.

   (G)   Public art in privately owned developments should be fully integrated into the development's design, in the most accessible and visible locations.

   (H)   Artwork in retail streets and developments will need to be reviewed in relation to signage and store frontage to make sure it will not impact the visibility or access to the business.

   (I)   Attention should be paid to how the artwork will appear amidst mature landscaping.

   (J)   Special care should be made to avoid locations where public art may be damaged, such as in the portion of right-of-way dominated by vehicles.

   (K)   All public art to be erected shall be approved by the Town Council.

(Ord. 111020, passed 12-8-2020)