A.   No portion of any required yard shall be used for the permanent storage of motor vehicles, recreational vehicles, mobile homes, trailers, airplanes, boats, or parts thereof, rubbish, garbage, junk, tent or building materials, except during construction and in accordance with the terms of this Code. (see Sec.1, Subsecs. 1.04-1.08.)

B.   Permanent storage for purpose of this subsection shall be construed as the presence of such storage for a period of forty-eight (48) or more hours in any one-week period. (see Section 1, Subsecs. 1.04-1.08)

C.   Temporary storage units. Temporary storage units shall not be permitted to be stored on properties in excess of 10 consecutive days and are subject to the accessory structures setback regulations applicable to the property zoning district as set forth in the Zoning Ordinance and all acts amendatory or supplemental thereto. For the purposes of this provisions, a temporary storage unit (or commonly referred to as portable storage units or PODS, meaning portable on demand storage structures) shall mean any container, shipping container, storage unit, shed-like container or other structure or assembly of materials without a permanent foundation, which is so designed, constructed, or reconstructed to make it portable and capable of storage of personal property of any kind, building materials (before they are utilized for building purposes), household goods, personal items and/or other materials and not for occupancy of persons.

(Am. Ord. 011812, passed 1-18-2012)

A.   Accessory structures and uses shall be compatible with the principal use, and shall not be established prior to the establishment of the principal use.

B.   Accessory uses shall not include the keeping, propagation, or culture of pigeons, poultry, rabbits, bees, livestock or other non-household animals whether or not for profit.

C.   Except as otherwise regulated for specific principal uses, an accessory structure hereafter erected, altered, enlarged, or moved on a lot shall conform with the following:

   1.   A detached accessory structure shall not be nearer than ten feet from the nearest wall of the principal structure.

   2.   Detached accessory structures in a rear yard shall:

      a.   Be not more than one story or fifteen (15) feet in height - whichever is lower,

      b.   Cover not more than thirty (30) percent of the area of the rear yard, and

      c.   Be located not less than five feet from the nearest lot line.

In no case shall there be more than one principal structure used for residential purposes, and its accessory structures, located on one lot, except as otherwise provided in this Code for a mobile home park or unit development plan. Every structure hereafter erected shall be located on a lot unless otherwise specified for unit planned developments.

A.   It is the purpose of this Code to discourage the conversion of existing dwellings originally designed for occupancy by two families or less to occupancy by more than two families when such conversion is likely to lead to overcrowding, to lack of privacy, to lack of sufficient light and air, to unsafe or unsanitary living conditions or to inadequate provisions for off-street parking and open space.

B.   Such conversions shall be consistent with the purposes or other applicable provisions of this Code, housing and building codes and fire codes and utility programs.

C.   In connection with such conversion there shall be no evidence of change in the structure to indicate the extra dwelling units, except as may be required by the aforementioned codes and programs. All fire escapes or stairways leading to a second or higher floor shall be completely enclosed within the converted building and no dwelling shall be so converted unless in connection therewith it be placed in a reasonable state of repair.

D.   In cases of question as to the applicability of these standards, such proposed conversion shall be deemed an exception and placed before the Board in accordance with the requirements in Section 5.

A.   Manufactured Homes. Manufactured homes may be permitted in certain districts (see I.C. 36-7-4-1106), provided their use as a single-family dwelling unit incorporates a permanent foundation (see I.C. 22-11-1-1) and a permanent perimeter wall (see Sec. 10 for definitions), as well as the other requirements in this Code.

B.   Mobile Homes. Mobile homes (see Sec. 10 for definitions) are permitted uses in a mobile home park. (see Sec. 1, Subsec. 1.04 Special Exceptions.)

A.   Trailers for shipping or camping shall not be permanently affixed to the ground on a lot in any district and are not principal or accessory structures.

B.   Mobile homes, travel trailers, or camping trailers shall not be occupied for dwelling purposes except in a lawfully established mobile home park as a unit planned development in the district where such use is specifically permitted. Mobile homes or travel trailers shall not be parked or stored on a public right-of-way or on any lot other than in a lawfully established mobile home park, tourist camp, or trailer sales or manufacturing establishment, except that, in a residential district, one travel trailer may be stored within an enclosed structure on a lot. No more than one camping trailer may be parked or stored in the open or within an enclosed structure on a lot in a residential district, and only when it is not located within a required yard.

C.   Temporary parking and use of trailers shall be permitted when a permit has been issued by the Zoning Administrator and Health Department for the following purposes:

   1.   Parking in the open and use of a travel trailer for lodging purposes on a lot containing a dwelling, provided it is not parked or used thereon more than two days in any consecutive 30 day period.

   2.   Parking and use of trailers for temporary office or storage uses incidental to and only for the period of time of construction of a building development, provided such trailers are located on the same or contiguous lots as the building development.

D.   Tents shall not be erected, used or maintained on any lot, except such small tents that are customarily used for recreation purposes and are located on the same lot as a dwelling. Temporary use of tents for religious, amusement and recreation, business or manufacturing purposes shall be permitted when a permit has been issued by the Zoning Administrator in accordance with provision herein set forth in Section 7, Permits and Certificates.

E.   Boats may be parked or stored in the open when customary in the operation of a lawfully established principal use and one boat may be stored or parked on a lot containing a dwelling, provided that it shall be located within the rear yard and no major repair, disassembly, or rebuilding operations are conducted thereon.

Each use hereafter established within the Town of New Palestine which requires sewerage and water facilities shall be served by public operated sewerage and water systems.

The following public utility installations are permitted in any district: poles, towers, wires, cables, conduits, underground vaults, laterals, pipes, mains, valves or any other similar distributing installations. However, such installations shall conform with applicable Federal, State, County and Town laws, other than Zoning.

It shall be unlawful for any person owning property, or in control or possession of property, in the town to:

A.   Allow any structure or any part of the premises to be filthy, unwholesome, unsanitary, or in an obnoxious condition or a nuisance to the public;

B.   Maintain an open area where waste, scrap materials or unsightly junk is bought, sold, exchanged, or stored; and

C.   To openly store one or more motor vehicles not in running or operable condition, are not insured and which do not have current licenses on them.

A.   The purpose of this section is to properly regulate the installation of mailboxes within the New Palestine rights-of-way in order to promote safety for the traveling public and eliminate potential hazards associated with the highway roadside concerning mailboxes. No mailbox or newspaper delivery box (hereafter referred to as mailbox) will be allowed to exist in the New Palestine rights-of-way if it interferes with the safety of the traveling public or the function, maintenance, or operation of the Town roadway system. The location and construction of mailboxes shall conform to the rules and regulations of the US Postal Service, as well as to the standards established by this ordinance.

B.   Mailbox installations shall conform to the following standards:

   1.   Location.

      a.   No mailbox shall be permitted where access is otherwise prohibited by law or regulation.

      b.   Mailboxes shall be located on the right-hand side of the roadway in the direction of the delivery route. The bottom of the box shall be set at an elevation established by the US Postal Service (between 42 inches and 48 inches above the roadway surface.) The roadside face of the box shall be offset from the edge of the traveled way a minimum distance of the lesser of the following:

         1.   The width of an all-weather turnout, plus eight (8) to twelve (12) inches; or

         2.   The maximum width allowable by existing right-of-way, if mailbox is not situated on the property of the mailbox owner.

A.   PURPOSE AND INTENT.

   1.   Within the districts established by this Ordinance or by amendments that may later be adopted, there may exist certain structures or uses of land that were lawful before this ordinance was passed or amended, but which are prohibited, regulated or restricted under the terms of this Ordinance or may be by future amendments hereto.

   2.   It is the intent of this ordinance to permit these nonconforming uses to continue under the provisions of this section until they are removed, but not to encourage their survival.

B.   NONCONFORMING STRUCTURES.

   1.   No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

C.   NONCONFORMING USES OF STRUCTURE OR STRUCTURES AND LAND IN COMBINATION.

   1.   May be extended. A nonconforming use may be extended throughout a structure which was manifestly arranged or designed for such use at the time of adoption or amendment to this Section, provided the size of the structure is not increased and the use is not extended to occupy any land outside such structure.

   2.   Use cannot be changed to nonconforming use. Whenever a nonconforming use has been changed to a conforming use or to a use permitted in a district of greater restrictions, it shall not thereafter be changed to a nonconforming use.

   3.   No structure erected in nonconforming use premises. No structure shall be erected on any premises devoted to a nonconforming use, except in conformance with the provisions of this Ordinance.

   4.   Discontinuance of nonconforming use. In the event that a nonconforming use of any structure or premises is discontinued for a period of one (1) year, except when government action impedes access to the premises, the use of the same shall thereafter conform to the uses permitted in the district in which it is located, and any nonconforming dwelling which is deficient in ground floor area, and which may be removed from the lot.

   5.   Damage to nonconforming use structure. If a structure or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of sixty percent (60%) or more of its then fair market value, the structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than sixty percent (60%) of its fair market value, based upon prevailing costs, the structure may then be restored to its original condition and the occupancy or use of such structure may be continued which existed at the time of such partial destruction. It shall be the decision of the Zoning Administrator as to the percentage determination.

In either event, restoration or repair of the structure must be started within a period of six (6) months from the date of damage or destruction and diligently prosecuted to completion.

   6.   Honoring previous permits. Nothing herein contained shall require any change in the plans for the construction or designated use of a structure for which a building permit has been heretofore issued, and the actual construction of which has been diligently prosecuted within ninety (90) days of the date of the permit, and which entire structure shall be completed according to such plans filed on or before the adoption date of this Ordinance. Actual construction is defined to include the erection of construction materials in permanent position and fastened in a permanent manner.

   7.   Structures may be made safe. Nothing in this Section shall prevent the strengthening or restoring to a safe condition of any part of any structure declared unsafe by proper authority.

   8.   Non-conforming use resulting from amendment. The provisions apply in the same manner to a use, which may become a non-conforming use as a result of an amendment to this Section.

   9.   Nonconforming lot areas and widths. A single family dwelling may be located on any lot in any district in which single family dwellings are permitted if the lot was single parcel in single ownership, or a single parcel included in a subdivision of record on or before the approval of this Code, even though the lot does not have the minimum lot width or the minimum lot area specified for the district, provided that the lot size and lot width meet the minimum standards of the Health Department, and provided further that the width of the lot, as measure at the building line, shall be at least seventy-five (75) percent of that required by the term of the Section 1.04-1.08. Variance of setback requirements shall be obtained only through action of the Board of Zoning Appeals.

   10.   Repairs and maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs or on repair or replacement of walls, fixtures, heating, wiring or plumbing, provided that the cubic content existing when it became nonconforming shall not be increased.

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to the lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt after six months of such declaration except in conformity with the regulations of the district in which it is located.