New Harmony City Zoning Code
RESIDENTIAL DISTRICTS
GENERALLY
§ 152.070 HEIGHT AND AREA.
Height and area regulations shall be as specified for each residential zone; provided, however that the following general regulations shall apply.
(A) If 40% of the frontage on one side of a street in a block has been developed, the front yard so established shall prevail. This section shall not be construed to require a front yard of more than 30 feet.
(B) No accessory building, and no structure exceeding a height of 30 inches, shall be erected in any required front yard. Accessory buildings shall not exceed 16 feet in height, shall be at least ten feet from any dwelling and at least five feet from any other accessory building on the lot.
(C) Accessory buildings in the rear yard are permitted three feet from lot lines.
(D) Where a corner lot adjoins the side yard of any adjacent lot, no part of an accessory building and no part of the main building within 25 feet of such common lot line shall be nearer the street than the full front yard required on the adjacent lot.
(E) Where a corner lot adjoins in the rear of another corner lot, a detached building may be erected three feet from such common rear lot line; provided, the side street setback is maintained.
(Prior Code, § 17.24.010) (Ord. 1973-2, passed - -)
§ 152.071 CONVERSION OF DWELLINGS.
Where permitted, the conversion of any existing dwelling so as to accommodate an increased number of dwelling units shall be limited to not more than four families, irrespective of the number of families permitted in new buildings.
(Prior Code, § 17.24.020) (Ord. 1973-2, passed - -)
§ 152.072 TRANSITION ZONING.
The following transitional uses are permitted on certain residentially zoned premises where the side yard adjoins a B or D district.
(A) The first residentially zoned lot or lots in single ownership at the effective date of this chapter, or the first 150 feet thereof, whichever is the lesser, may be utilized in accordance with the next less restricted residential zone requirements.
(B) The first 150 feet thereof may be utilized for off-street parking.
(C) Any single principal structure located or built completely upon the first 150 feet thereof may be used for offices or business; provided:
(1) Yards must meet the district requirements in which such lot is located;
(2) The building shall conform to the residential character of the neighborhood; and
(3) Sign requirements of the R-M District shall be complied with.
(Prior Code, § 17.24.030) (Ord. 1973-2, passed - -; Ord. 1976-9, passed - -)
§ 152.073 HOME OCCUPATION.
Home occupations are permitted in any zone. A home occupation is any use which:
(A) Is conducted entirely within a residential building without being evident in any way from the street or from any neighboring premises;
(B) Does not change the character of the building in which it is conducted and does not constitute, create, or increase a nuisance;
(C) Is carried on only by the inhabitants of the building plus not more than one nonresident;
(D) Employs only mechanical equipment which is similar in power and type usual for household purposes and hobbies and does not affect the insurance rates on the premises; or
(E) Devotes not more than 50% of one story to such home occupant and does not involve keeping a stock in trade or the sale of commodities on the premises.
(Prior Code, § 17.24.040) (Ord. 1973-2, passed - -)
§ 152.074 PRIVATE SWIMMING POOLS.
Private swimming pools are permitted in all districts; provided, the following regulations are complied with.
(A) The pool shall be maintained in a clean and healthful condition in accordance with county health requirements.
(B) No swimming pool shall be emptied in any manner that will cause water to flow upon another lot or be emptied on any land if a storm drain is readily accessible to the premises.
(C) Every swimming pool shall be completely enclosed with a permanent substantial fence with gates five feet in height above the ground level. No opening shall be designed or maintained as to permit access to the pool except under the supervision of the possessor or by his or her permission.
(D) The swimming pool shall not be closer than ten feet to any side or rear lot line and no part of any pool shall be constructed within the front yard or the required side street side yard.
(Prior Code, § 17.24.050) (Ord. 1973-2, passed - -)
§ 152.075 ROW HOUSES.
(Prior Code, § 17.24.060) (Ord. 1973-2, passed - -; Ord. 1975-9, passed - -)
§ 152.076 HISTORIC BUILDINGS.
The demolition, moving, or conspicuous alteration of the exterior appearance of historic buildings/structures shall be effectuated in accordance with § 152.026.
(Prior Code, § 17.24.080) (Ord. 1973-2, passed - -; Ord. 2010-12, passed 12-16-2010)